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Home My WebLink AboutAgenda Packet 05-02-066:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. 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 — 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 Tuesday at 6:00 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 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 of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 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, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Doug Coward, Chairman District No. 2 Chris Craft, Vice Chairman District No. 5 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 May 2, 2006 6:00 P.M. Invocation Pledge of Allegiance ,IOC MINUTES \� ) Approve the minutes of the meeting held on April 25, 2006. rj' 9 p 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 06-138 — Proclaiming May 10, 2006, as "Lupus Day" in St. Lucie County, Florida 0 — Consider staff recommendation to adopt the Resolution No. 06-138 as drafted. B. Reading of the announcements by the County Administrator. j7, �u0a'r�l;5crs5�� 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS W 5A. GROWTH MANAGEMENT Consider Ordinance No. 06-023 adopting the request by North Hutchinson Island, LLC, for a Change land use designation of a 9.44 acre parcel located northwest of the intersection of SR A-1-A and Marina Drive, from Commercial (COM) land use to Mixed Use (MXD — Medium Intensity) land use, subject to limitations of specified subarea policies for 82 Residential Units, and 10,000 square feet of Neighborhood Commercial with consist architecture and a transit stop. (File Number: PA-05-008) — Consider staff recommendation to adopt the Amendment as a reasonable mixed use. 5B. GROWTH MANAGEMENT Consider Resolution No. 06-055 approving a request by North Hutchinson Island, LLC, to rezone a 9.44 acre parcel located northwest of the intersection of SR A-1-A and Marina Drive, from Commercial General (CG) Zoning to Planned Mixed Use Development (PMUD) Zoning, subject to limitations of Ordinance No. 06-023 and the attached Preliminary Plan. (File Number: PMUD-06-001) — Consider staff recommendation to adopt the Amendment as a reasonable mixed use. Regular Agenda May 2, 2006 Page Two 5C. COUNTY ATTORNEY Petition for Abandonment - Petition to abandon a portion of a 60-foot platted right-of-way known as Flotilla Terrace along with two 30-foot alleys - Resolution 06-126 — Consider staff recommendation to approve Resolution No.06-126, instruct staff to publish the final Notice of Abandonment, record Resolution No. 06-126. Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. END OF PUBLIC HEARINGS ADDITIONS AGENDA May 2, 2006 CONSENT AGENDA C1 COUNTY ATTORNEY — n1v� Resolution No. 06 141 Declaring a State of Local Emergency —Ban on Open Air 1 V� Burning in St. Lucie County — Consider staff recommendation to approve Resolution No. n 06-141 and authorize the Chairman to sign the Resolution. REGULAR AGENDA RA1. COUNTY ATTORNEY Resolution No. 06-142 — Resolution Amending Load Agreement for MSBU Line of Credit with Bank of America — Consider staff recommendation to approve Resolution No. 06- 142 as drafted. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted 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 County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. CONSENT AGENDA WARRANTS LIST Approval of Warrant List No. 30 2. COUNTY ATTORNEY A. Addendum to Landfill Gas Agreement between Tropicana Manufacturing Company, Inc. and St. Lucie County — Consider staff recommendation to approve the Addendum and authorize the Chairman to sign the Addendum. B. Weldon B. Lewis Park - Florida Power & Light Company - 12' Utility Easement — Consider staff recommendation to approve the Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. 3. PUBLIC WORKS A. Engineering Division - SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road) - Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc. — Consider staff recommendation to approve the Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide reimbursement for rental of vibration monitoring equipment in the amount of $6,500 for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road), and authorization for the Chairman to sign. B. Taylor Creek/C25 Dredging Restoration Project Phase 3 — Approval of Work Authorization No. 3 with Dredging and marine Consultants for Phase 3 Shoreline Stabilization, Permitting, and Engineering and Construction Inspection Services — Consider staff recommendation to approve Work Authorization No. 3 with Dredging & Marine Consultants, in the amount of $107,500.00, for engineering services related to Phase 3, Taylor Creek Dredging. C. Road and Bridge Division - Re -approve Final acceptance of resurfacing work, Final Change Order #2, release of retainage, and make final payment of $95,615.42 for the annual 2004-05 Resurfacing Contract with Ranger Construction Industries, Inc using correct fund numbers - Staff recommends re -approval of final acceptance, approval of Final Change Order No. 2, which will decrease the contract amount by $112,707.50 to a final contract amount of $956,154.04, authorize the Chairman to sign the Change Order, release retainage, and make final payment of $95,615.42 for the Resurfacing Contract with Ranger Construction Industries, Inc. D. Engineering Division — Approve Change Order No. 3 to Contract #C05-05-372 in the amount of $201,826.53 for the Water Main Extension SR 5 (US-1) Project, Easy St. North to Ulrich Rd. Additionally, approve Resolution No. 06-136 amending the budget. Construction of the project has been completed. Change Order No. 3 is for the additional work and soil exchange quantities for the replacement and compaction of soils between Stations 367+60 and 387+60 — Consider staff recommendation to approve and authorize the Chairman to sign Change Order No. 3 in the amount of $201,826.53 for a total contract price of $563,460.71 to the contractor, Ditchdiggers, Inc. for the Water Main Extension SR 5 (US-1) Project, Easy St. North to Ulrich Rd. Additionally, staff recommends the Board approve and authorize the Chairman to sign the attached resolution, Resolution No. 06-136, amending the budget. E. Engineering Division - Approve Change Order No. 4 in the amount of $84,371.95 to Contract CO3-08-480 to install an equalizer pipe to correct a design oversight on the South Jenkins Road Extension project. Our consultant engineer of design, LBFH, Inc. has agreed to absorb all engineering and partial construction redesign costs associated with the oversight — Consider staff recommendation to approve and authorize the Chairman to sign Change Order No. 4 in the amount of $84,371.95 for a total contract price of $1,801,115.61 to Ranger Construction Industries, Inc. to install an equalizer pipe and correct a design oversight on the South Jenkins Road Extension project. Consent Agenda May 2, 2006 Page Two PUBLIC WORKS CONTINUED F. South 26th Street Area Improvements - Approval of Work Authorization No. 12 to the Agreement for Continuing Geotechnical Services with Ardaman and Associates, in the amount of $16,210.00 for soil exploration — Consider staff recommendation to approve Work Authorization No. 12 to the Agreement for Continuing Geotechnical Services with Ardaman and Associates, in the amount of $16,210.00 for soil exploration. l G. Request for a Public Hearing for the Guettler Borrow Pit Mining Permit Application — Consider staff recommendation to approve for public hearing to be held on June 6, 2006 at 6:00 p.m. or yt �G w �� r' soon thereafter to consider the request of the Guettler Borrow Pit Mining Permit Application. �"14. HUMAN RESOURCES A. Catastrophic Inmate Medical Insurance Renewal — Consider staff recommendation to approve HR/Risk Management to purchase the proposed Catastrophic Inmate Medical Insurance Policy in the amount $75,149 as a means to reduce and control Inmate medical costs. B. Prison Health Services Inmate Aggregate Cap & Psychotropic Drug Invoices — Consider staff recommendation to approve payment of PHS invoices in the amount of $66,489.07 per contract agreement. 5. INVESTMENT FOR THE FUTURE Central Services - As a result of damage from Hurricane Frances, FY 05-06 IFF Funds in the amount of $150,000.00 were budgeted for removal of the EIFS System at the Woman's Dorm (B-4) and Medical/Rock Road Jail. However, funding from Building Maintenance/Hurricane Frances Repairs has been made available for this project and staff is requesting approval to reallocate these funds in the amount of $150,000.00 for the following projects at Rock Road Jail and approve Equipment Request # CSEQ06-266: • Re -roof Pod A-1 Bldg. ($50,000.00) • Purchase metal storage building for Jail Maintenance staff ($20,000.00) Establishment of transport yard for inmate transportation to courthouse ($80,000.00) Consider staff recommendation to approve the reallocation of IFF Funding in the amount of $150,000.00, and proceed with projects located at Rock Road Jail: re -roofing Pod A-1 Building ($50,00.00), purchase a storage building to provide additional space to store equipment, materials and supplies ($20,000.00), and establishment of a transport yard for inmate transportation to courthouse ($80,000.00). Staff further recommends the Board approve Equipment Request # CSEQ06-266. 6. COMMISSIONER HUTCHINSON DISTRICT #4 Library Advisory Board — Consider staff recommendation to ratify Commissioner Hutchinson's appointment of Marjorie Harrell to the Library Advisory Board. 7. GROWTH MANAGEMENT A. Ratification of Tourist Development Council's decision to approve a $2,000 Special Event Grant request for the 415t Annual Florida Indian Hobbyist Association Pow Wow. The event was held on March 24 -26, 2006 at the Savannas Recreational Area. Funding will come from the County's Tourist Development Council's Grant Program — Consider staff recommendation to approve the Special Event Grant Agreement and application in the amount of $2,000 to Florida Indian Hobbyist Association Pow Wow event as drafted by the County Attorney and authorize the Chairman to sign the agreement upon receipt of the signed originals. Consent Agenda May 2, 2006 Page Three GROWTH MANAGEMENTCONTINUED B. Ratification of Tourist Development Council's decision to approve a $2,000 Special Event Grant request for Zora Fest 2006. The event will be held April 28-30, 2006 at the Lincoln Park Academy and other venues. Funding will come from the County's Tourist Development Council's Grant Program — Consider staff recommendation to approve the Special Event Grant Agreement and application in the amount of $2,000 to the Cultural Affairs Council for the Zora Fest 2006 event as drafted by the County Attorney and authorize the Chairman to sign the agreement upon receipt of the signed originals. 8. GRANTS A. Approve the Angle Road Sidewalk Project as the first priority and the St. James Drive Sidewalk Project as the second priority of two grant applications being submitted to the FDOT Transportation Enhancement Program — Consider staff recommendation to approve the Angle Road Sidewalk Project as the first priority and the St. James Drive Sidewalk Project as the second priority of two grant applications being submitted to the FDOT Transportation Enhancement Program. B. Approve the re -submittal of a grant application to the Florida Ports Council for funding of $900,000 for fiscal year 2006-2007 and funding of $2,560,500 for fiscal year 2007-2008 for phases 3 and 2 respectively of the Taylor Creek Dredging Project. The re -submittal is necessary to seek increased funding for the project. Also, approve the acceptance of the grant if it is awarded — Consider staff recommendation approve the submittal of the grant application to the Florida Ports Council for $900,000 in funding for Phase 3 of the Taylor Creek Project and $2,560,500 for Phase 2. Staff also recommends the Board approve the acceptance of the grant if it is awarded. ANNOUNCEMENTS MAY 2, 2006 1. St. Lucie County Parks and Recreation will host "Pitch, Hit & Run," the Official Skills Competition of Major League Baseball, on May 6, 2006 at 9:00 a.m. at the Lawnwood Complex, Softball Field No. 1 in Fort Pierce. 2. The Board of County Commissioners will hold a Criminal Justice Workshop on Friday, May 12, 2006 from 9:00 a.m. to Noon in the County Commission Chambers. 3. On Monday, May 15, 2006 at 6:00 p.m. in the County Commission Chambers the Board of County Commissioners will hold the 1st Public Hearing to include: -1st Reading of LDC Revisions -1st Reading of TDR Ordinance -2"d Reading of TVC Comprehensive Plan Amendment/Final Adoption 4. The Board of County Commissioners will hold a Public Hearing on the Brownfield Designation on Tuesday, May 22, 2006 at 6:00 p.m. at the St. Lucie County International Airport Administration Building located at 3000 Curtis King Boulevard, Fort Pierce, Florida. 5. The Board of County Commissioners will hold a Space Needs Study Workshop on Wednesday, May 24, 2006 from 2:00 p.m. to 4:00 p.m. in the County Commission Chambers. 6. On Tuesday, May 30, 2006 at 6:00 p.m. in the County Commission Chambers the Board of County Commissioners will hold 2"d Public Hearing to include: -2"d Reading of LDC Revisions -2nd Reading of TDR Ordinance 7. The Board of County Commissioners will hold a Hurricane Preparedness Workshop on Friday, June 9, 2006 from 9:00 a.m. to Noon in the County Commission Chambers. 8. The Special Olympics, St. Lucie County Golf Tournament will be on Saturday, June 10, 2006 at Club Med at 8:30 a.m. (Shotgun Start). 9. The Board of County Commissioners will hold an Infrastructure Workshop on Monday, June 19, 2006 from 9:00 a.m. to Noon in the County Commission Chambers. 10. The Port St. Lucie City Council will host a Joint Meeting with the Board of County Commissioners and the City of Fort Pierce Commission on Thursday, July 13, 2006 from 2:00 p.m. to 5:00 p.m. at the Port St. Lucie Community Center. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted 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 County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. May 2, 2006 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. 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 — 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 Tuesday at 6:00 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 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 of general public comment. Please limit comments to five minutes. DECORUM — Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 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, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Doug Coward, Chairman District No. 2 Chris Craft, Vice Chairman District No. 5 Joseph E. Smith District No. 1 Paula A. Lewis District No. 3 Frannie Hutchinson District No. 4 May 2, 2006 6:00 P.M. Invocation Pledge of Allegiance MINUTES Approve the minutes of the meeting held on April 25, 2006. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 06-138 — Proclaiming May 10, 2006, as "Lupus Day" in St. Lucie County, Florida — Consider staff recommendation to adopt the Resolution No. 06-138 as drafted. B. Reading of the announcements by the County Administrator. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS /Z E� -"'l" 5A. GROWTH MANAGEMENT Srva�;- Consider Ordinance No. 06-023 adopting the request by North Hutchinson Island, LLC, for a Change land use designation of a 9.44 acre parcel located northwest of the intersecti of SR A-1-A and Marina Drive, from Commercial (COM) land use to Mixed Use (MXD — Medium Inte sity) land use, subject to � � limitations of specified subarea policies for 82 Residential Units, and -10,000 square feet or,,,,, Neighborhood Commercial with consist architecture and a transit stop. (File Number: PA-D5-008) Consider staff recommendation to adopt the Amendment as a reasonable mixed use. R 513. GROWTH MANAGEMENT ,4--% C �4 5 Consider Resolution No. 06-055 approving a request by North Hutchinson Island, LLC, to rezone a 9.44 gy acre parcel located northwest of the intersection of SR A-1-A and Marina Drive, from Commercial w4 General (CG) Zoning to Planned Mixed Use Development (PMUD) Zoning, subject to limitations of ass. Ordinance No. 06-023 and the attached Preliminary Plan. (File Number: PMUD-06-001) — Consider r 0 staff recommendation to adopt the Amendment as a reasonable mixed use. Regular Agenda May 2, 2006 Page Two 5C. COUNTY ATTORNEY Petition for Abandonment - Petition to abandon a portion of a 60-foot platted right-of-way known as Flotilla Terrace along with two 30-foot alleys - Resolution 06-xxxxx — Consider staff recommendation to approve Resolution No.06-126, instruct staff to publish the final Notice of Abandonment, record Resolution No. 06-126. Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. �� . END OF PUBLIC HEARINGS `l/ --- CONSENT AGENDA WARRANTS LIST Approval of Warrant List No. 30 2. COUNTY ATTORNEY A. Addendum to Landfill Gas Agreement between Tropicana Manufacturing Company, Inc. and St. Lucie County — Consider staff recommendation to approve the Addendum and authorize the Chairman to sign the Addendum. B. Weldon B. Lewis Park - Florida Power & Light Company - 12' Utility Easement — Consider staff recommendation to approve the Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. 3. PUBLIC WORKS A. Engineering Division - SR 615 S. 25th Roadway Widening (Midway Road —Edwards Road) - Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc. — Consider staff recommendation to approve the Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide reimbursement for rental of vibration monitoring equipment in the amount of $6,500 for the S. 25th Street Roadway Widening Project (Midway Road -Edwards Road), and authorization for the Chairman to sign. B. Taylor Creek/C25 Dredging Restoration Project Phase 3 — Approval of Work Authorization No. 3 with Dredging and marine Consultants for Phase 3 Shoreline Stabilization, Permitting, and Engineering and Construction Inspection Services — Consider staff recommendation to approve Work Authorization No. 3 with Dredging & Marine Consultants, in the amount of $107,500.00, for engineering services related to Phase 3, Taylor Creek Dredging. C. Road and Bridge Division - Re -approve Final acceptance of resurfacing work, Final Change Order #2, release of retainage, and make final payment of $95,615.42 for the annual 2004-05 Resurfacing Contract with Ranger Construction Industries, Inc using correct fund numbers - Staff recommends re -approval of final acceptance, approval of Final Change Order No. 2, which will decrease the contract amount by $112,707.50 to a final contract amount of $956,154.04, authorize the Chairman to sign the Change Order, release retainage, and make final payment of $95,615.42 for the Resurfacing Contract with Ranger Construction Industries, Inc. D. Engineering Division — Approve Change Order No. 3 to Contract #C05-05-372 in the amount of $201,826.53 for the Water Main Extension SR 5 (US-1) Project, Easy St. North to Ulrich Rd. Additionally, approve Resolution No. 06-136 amending the budget. Construction of the project has been completed. Change Order No. 3 is for the additional work and soil exchange quantities for the replacement and compaction of soils between Stations 367+60 and 387+60 — Consider staff recommendation to approve and authorize the Chairman to sign Change Order No. 3 in the amount of $201,826.53 for a total contract price of $563,460.71 to the contractor, Ditchdiggers, Inc. for the Water Main Extension SR 5 (US-1) Project, Easy St. North to Ulrich Rd. Additionally, staff recommends the Board approve and authorize the Chairman to sign the attached resolution, Resolution No. 06-136, amending the budget. E. Engineering Division - Approve Change Order No. 4 in the amount of $84,371.95 to Contract CO3-08-480 to install an equalizer pipe to correct a design oversight on the South Jenkins Road Extension project. Our consultant engineer of design, LBFH, Inc. has agreed to absorb all engineering and partial construction redesign costs associated with the oversight — Consider staff recommendation to approve and authorize the Chairman to sign Change Order No. 4 in the amount of $84,371.95 for a total contract price of $1,801,115.61 to Ranger Construction Industries, Inc. to install an equalizer pipe and correct a design oversight on the South Jenkins Road Extension project. Consent Agenda May 2, 2006 Page Two PUBLIC WORKS CONTINUED F. South 26th Street Area Improvements - Approval of Work Authorization No. 12 to the Agreement for Continuing Geotechnical Services with Ardaman and Associates, in the amount of 4. d16,210.00 for soil exploration — Consider staff recommendation to approve Work Authorization o. 12 to the Agreement for Continuing Geotechnical Services with Ardaman and Associates, in the amount of $16,210,00 for soil exploration. Request for a Public Hearing for the Guettler Borrow Pit Mining Permit Application —Consider staff recommendation to approve for public hearing to be held on June 6, 2006 at 6:00 p.m. or soon thereafter to consider the request of the Guettler Borrow Pit Mining Permit Application. Catastrophic Inmate Medical Insurance Renewal — Consider staff recommendation to approve HR/Risk Management to purchase the proposed Catastrophic Inmate Medical Insurance Policy in the amount $75,149 as a means to reduce and control Inmate medical costs. Prison Health Services Inmate Aggregate Cap & Psychotropic Drug Invoices — Consider staff recommendation to approve payment of PHS invoices in the amount of $66,489.07 per contract agreement. 5. INVESTMENT FOR THE FUTURE Central Services - As a result of damage from Hurricane Frances, FY 05-06 IFF Funds in the amount of $150,000.00 were budgeted for removal of the EIFS System at the Woman's Dorm (B-4) and Medical/Rock Road Jail. However, funding from Building Maintenance/Hurricane Frances Repairs has been made available for this project and staff is requesting approval to reallocate these funds in the amount of $150,000.00 for the following projects at Rock Road Jail and approve Equipment Request # CSEQ06-266: • Re -roof Pod A-1 Bldg. ($50,000.00) • Purchase metal storage building for Jail Maintenance staff ($20,000.00) Establishment of transport yard for inmate transportation to courthouse ($80,000.00) Consider staff recommendation to approve the reallocation of IFF Funding in the amount of $150,000.00, and proceed with projects located at Rock Road Jail: re -roofing Pod A-1 Building ($50,00.00), purchase a storage building to provide additional space to store equipment, materials and supplies ($20,000.00), and establishment of a transport yard for inmate transportation to courthouse ($80,000.00). Staff further recommends the Board approve Equipment Request # CSEQ06-266. 6. COMMISSIONER HUTCHINSON DISTRICT #4 Library Advisory Board — Consider staff recommendation to ratify Commissioner Hutchinson's appointment of Marjorie Harrell to the Library Advisory Board. 7. GROWTH MANAGEMENT A. Ratification of Tourist Development Council's decision to approve a $2,000 Special Event Grant request for the 41 st Annual Florida Indian Hobbyist Association Pow Wow. The event was held on March 24 -26, 2006 at the Savannas Recreational Area. Funding will come from the County's Tourist Development Council's Grant Program — Consider staff recommendation to approve the Special Event Grant Agreement and application in the amount of $2,000 to Florida Indian Hobbyist Association Pow Wow event as drafted by the County Attorney and authorize the Chairman to sign the agreement upon receipt of the signed originals. Consent Agenda May 2, 2006 Page Three GROWTH MANAGEMENTCONTINUED B. Ratification of Tourist Development Council's decision to approve a $2,000 Special Event Grant request for Zora Fest 2006. The event will be held April 28-30, 2006 at the Lincoln Park Academy and other venues. Funding will come from the County's Tourist Development Council's Grant Program — Consider staff recommendation to approve the Special Event Grant Agreement and application in the amount of $2,000 to the Cultural Affairs Council for the Zora Fest 2006 event as drafted by the County Attorney and authorize the Chairman to sign the agreement upon receipt of the signed originals. 8. GRANTS A. Approve the Angle Road Sidewalk Project as the first priority and the St. James Drive Sidewalk Project as the second priority of two grant applications being submitted to the FDOT Transportation Enhancement Program — Consider staff recommendation to approve the Angle Road Sidewalk Project as the first priority and the St. James Drive Sidewalk Project as the second priority of two grant applications being submitted to the FDOT Transportation Enhancement Program. B. Approve the re -submittal of a grant application to the Florida Ports Council for funding of $900,000 for fiscal year 2006-2007 and funding of $2,560,500 for fiscal year 2007-2008 for phases 3 and 2 respectively of the Taylor Creek Dredging Project. The re -submittal is necessary to seek increased funding for the project. Also, approve the acceptance of the grant if it is awarded — Consider staff recommendation approve the submittal of the grant application to the Florida Ports Council for $900,000 in funding for Phase 3 of the Taylor Creek Project and $2,560,500 for Phase 2. Staff also recommends the Board approve the acceptance of the grant if it is awarded. ANNOUNCEMENTS MAY 2, 2006 1. St. Lucie County Parks and Recreation will host "Pitch, Hit & Run," the Official Skills Competition of Major League Baseball, on May 6, 2006 at 9:00 a.m. at the Lawnwood Complex, Softball Field No. 1 in Fort Pierce. 2. The Board of County Commissioners will hold a Criminal Justice Workshop on Friday, May 12, 2006 from 9:00 a.m. to Noon in the County Commission Chambers. G 3. On Monday, May 15, 2006 at 6:00 p.m. in the County Commiss� Chambers the Board of County Commissioners will hold the 1 st Public Hearing to include: -15t Reading of LDC Revisions -1st Reading of TDR Ordinance -2"6 Reading of TVC Comprehensive Plan Amendment/Final Adoption 4. The Board of County Commissioners will hold a Public Hearing on the Brownfield Designation on Tuesday, May 22, 2006 at 6:00 p.m. at the St. Lucie County International Airport Administration Building located at 3000 Curtis King Boulevard, Fort Pierce, Florida. 5. The Board of County Commissioners will hold a Space Needs Study Workshop on Wednesday, May 24, 2006 from 2:00 p.m. to 4:00 p.m. in the County Commission Chambers. 6. On Tuesday, May 30, 2006 at 6:00 p.m. in the County Commission Chambers the Board of County Commissioners will hold 2"d Public Hearing to include: -2"d Reading of LDC Revisions -2"d Reading of TDR Ordinance 7. The Board of County Commissioners will hold a Hurricane Preparedness Workshop on Friday, June 9, 2006 from 9:00 a.m. to Noon in the County Commission Chambers. 8. The Special Olympics, St. Lucie County Golf Tournament will be on Saturday, June 10, 2006 at Club Med at 8:30 a.m. (Shotgun Start). 9. The Board of County Commissioners will hold an Infrastructure Workshop on Monday, June 19, 2006 from 9:00 a.m. to Noon in the County Commission Chambers. 10. The Port St. Lucie City Council will host a Joint Meeting with the Board of County Commissioners and the City of Fort Pierce Commission on Thursday, July 13, 2006 from 2:00 p.m. to 5:00 p.m. at the Port St. Lucie Community Center. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted 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 County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. RA1 DATE: May 2, 2006 REGULAR [XX] PUBLIC HEARING [] CONSENT[] PRESENTED BY: Robert O. Freeman, Esq. Bond Counsel SUBJECT: Resolution No. 06-142- Resolution Amending Loan Agreement for MSBU Line of Credit with Bank of America BACKGROUND: See attached memorandum 0 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 06-142 as drafted. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: - L2 Originating Dept. Finance: (Check for Copy only, if applicable) Do//u as Anderson CAnty Administrator Review and Approvals Management & Budget Purchasing: Public Works Dir: County Eng.: Eff. 5/96 RESOLUTION NO.06-142 A RESOLUTION AUTHORIZING THE MODIFICATION OF THE TERM LOAN AGREEMENT BETWEEN THE COUNTY AND BANK OF AMERICA, N. A. RELATING TO THE LINE OF CREDIT PROVIDED FOR THE BENEFIT OF THE MUNICIPAL SERVICES BENEFIT UNITS WITHIN THE COUNTY BY THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT TERM NOTE, SERIES 2001 (MSBU LOAN — BANK OF AMERICA FACILITY), TO CHANGE THE LAST DATE ADVANCES THEREUNDER MAY BE MADE; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions of law (the "Act"). Section 2. Findings. It is hereby found, declared, and determined by the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as follows: A. The County and Bank of America, N.A. (the `Bank"), have previously entered into that certain Term Loan Agreement, dated September 24, 2001, as amended and modified (collectively the "Loan Agreement") and; B. Pursuant to the Loan Agreement, the County issued its St. Lucie County, Florida Special Assessment Improvement Note, Series 2001 (MSBU Loan — Bank of America, N.A. Facility) (the "Note"); and C. There are currently outstanding Advances under the Loan Agreement and the Note for Indian River Estates MSBU interim projects; and D. The County has determined that it is necessary and desirable to request an additional Advance under the Note in the amount of approximately $202,000 for Indian River Estates MSBU (the "Indian River Estates Advance"); and E. The Loan Agreement currently prohibits making any Advances within the period of twelve months prior to September 20, 2006 (the "Twelve Month Period") and must be amended to allow for advances to be made during the Twelve Month Period in order to obtain the Indian River Estates Advance, and any other Advance otherwise permitted under the Loan Agreement; and F. The Bank has agreed to waive the prohibition of Advances made prior to the Twelve -Month Period, provided any Advance will be repaid pursuant to the terms and conditions 15000/99/00057482. DOCv 1 I of the Note and the Loan Agreement, no later than September 20, 2006, the maturity date of the Note. Section 3. Approval of Modification to Loan Agreement and Note. The form of Modification Agreement (the "Modification"), in substantially the form attached hereto as Exhibit A, providing for the making of Advances under the Note within the Twelve Month Period is hereby authorized and approved. The proper officers of the County are hereby authorized and directed to execute the Modification for and on behalf of the County in substantially the form attached hereto as Exhibit A, subject to such changes, insertions and omissions and filling in of blanks therein as shall be approved by the officers of the County executing the same, such execution and delivery to be conclusive evidence of said approval, and to deliver an executed original thereof to the Bank. Section 4. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement and the Note shall remain in full force and effect. Section 5. Authorization of Execution and Additional Action. The Chairman, Vice Chairman, Clerk, Deputy Clerk, County Administrator and any other official of the County are each authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done all acts and things necessary or proper for carrying out and implementing the extension of the date of the Advances as contemplated by this resolution, including transfer of moneys from other funds or accounts of the County in order to facilitate the funding of the Indian River Estates MSBU project prior to the receipt of the Advance from the Bank. Section 6. Severability. If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions hereof, and in no way affect the validity of all other provisions of the Loan Agreement or this resolution. 2 {5000/99/00057482.DOCv1 } Section 7. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 2nd day of May 2006, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA (SEAL) Chairman, Board of County Commissioners ATTEST: 12 Clerk of the Circuit Court, Ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney (5000/99/00057482.DOCv1 ) EXHIBIT A TO RESOLUTION FORM OF THIRD MODIFICATION AGREEMENT THIS THIRD MODIFICATION AGREEMENT is made and entered into by and between St. Lucie County, Florida, a political subdivision of the State of Florida ("County") and Bank of America, N.A., a national banking association ("Bank") as of this _ day of May 2006. Whereas, the County and the Bank have previously entered into that certain Term Loan Agreement, dated September 24, 2001 ("Original Loan Agreement"), as amended by a Modification Agreement, dated as of September 24, 2002, and a Second Modification Agreement, dated as of May 25, 2005 (collectively, the "Modification Agreements" and, together with the Original Loan Agreement, the "Loan Agreement"); and Whereas, the County and the Bank agree to amend the Loan Agreement to provide that advances under the Loan may be made within the period of twelve months prior to the Maturity Date; NOW, THEREFORE, for and in consideration of the Bank's consent to make advances to the County under the Loan Agreement within the period of twelve months prior to the Maturity Date, the County and the Bank agree as follows: Section 1. Amendment to Loan Agreement. The definition of "Disbursement Date" contained in Section 1 of the Loan Agreement is amended o read as follows: "Disbursement Date" means any date on which proceeds of the Loan are disbursed to the County, provided that any Advance matures not later than September 20, 2006. Section 2. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement shall be deemed to be unchanged and shall remain in full force and effect. 4 { 5000/99/00057482. DOCv l } IN WITNESS WHEREOF, the Bank and the County have executed this Third Modification Agreement as of the date and year first above written. (SEAL) ATTEST: By: Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners ST. LUCIE COUNTY, FLORIDA Chairman, Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 15000/99/00057482.DOCv1 } BRYANT MILLER OLIVE MEMORANDUM To: Chairman and Members of the Board of County Commissioners of St. Lucie County, Florida Copy: Daniel S. McIntyre, Esquire Marie Gouin Chris Hartley Becky Padrick Kristy Lilly Jay Glover David Miller From: Robert Freeman Date: May 2, 2006 Re: Resolution Amending Loan Agreement for MSBU Line of Credit with Bank of America. The attached resolution approves the form of the Third Modification Agreement to the Loan Agreement between the County and Bank of America, N. A. (the "Bank"), in connection with the County's outstanding line of credit with the Bank evidenced by the $5,000,000 Special Assessment Improvement Term Note, Series 2001 (MSBU Loan — Bank of America, N.A. Facility), dated September 24, 2001 (the "Note"), in order to allow additional advances by the County within the period of twelve months prior to the date of maturity of the Note (September 20, 2006), to provide for an additional advance under the Note for the Indian River Estates MSBU, in the amount of approximately $202,000. The proceeds of the advances under the line of credit evidenced by the Note are used to finance on an interim basis the projects undertaken for the County's MSBUs. The Bank has agreed to modification of the Loan Agreement. { 5000/99/00057484. DOCv I) RESOLUTION NO.06-142 A RESOLUTION AUTHORIZING THE MODIFICATION OF THE TERM LOAN AGREEMENT BETWEEN THE COUNTY AND BANK OF AMERICA, N. A. RELATING TO THE LINE OF CREDIT PROVIDED FOR THE BENEFIT OF THE MUNICIPAL SERVICES BENEFIT UNITS WITHIN THE COUNTY BY THE COUNTY'S SPECIAL ASSESSMENT IMPROVEMENT TERM NOTE, SERIES 2001 (MSBU LOAN — BANK OF AMERICA FACILITY), TO CHANGE THE LAST DATE ADVANCES THEREUNDER MAY BE MADE; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Authority for this Resolution. This resolution is adopted pursuant to the provisions of Chapter 125, Part I, Florida Statutes, as amended, Ordinance No. 87-77 of the Board, as amended, and other applicable provisions of law (the "Act"). Section 2. Findings. It is hereby found, declared, and determined by the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), as follows: A. The County and Bank of America, N.A. (the "Bank"), have previously entered into that certain Term Loan Agreement, dated September 24, 2001, as amended and modified (collectively the "Loan Agreement") and; B. Pursuant to the Loan Agreement, the County issued its St. Lucie County, Florida Special Assessment Improvement Note, Series 2001 (MSBU Loan — Bank of America, N.A. Facility) (the "Note"); and C. There are currently outstanding Advances under the Loan Agreement and the Note for the Indian River Estates MSBU interim projects; and D. The County has determined that it is necessary and desirable to request an additional Advance under the Note in the amount of approximately $202,000 for Indian River Estates MSBU (the "Indian River Estates Advance"); and E. The Loan Agreement currently prohibits making any Advances within the period of twelve months prior to September 20, 2006 (the "Twelve Month Period") and must be amended to allow for advances to be made during the Twelve Month Period in order to obtain the Indian River Estates Advance; and E. The Bank has agreed to waive the prohibition of Advances made prior to the Twelve -Month Period for the Indian River Estates Advance, provided the Indian River Estates Advance will be repaid pursuant to the terms and conditions of the Note and the Loan Agreement, no later than September 20, 2006, the maturity date of the Note. {5000/99/00057482.DOCvI } Section 3. Approval of Modification to Loan Agreement and Note. The form of Modification Agreement (the "Modification"), in substantially the form attached hereto as Exhibit A, providing for the making of Advances under the Note within the Twelve Month Period is hereby authorized and approved. The proper officers of the County are hereby authorized and directed to execute the Modification for and on behalf of the County in substantially the form attached hereto as Exhibit A, subject to such changes, insertions and omissions and filling in of blanks therein as shall be approved by the officers of the County executing the same, such execution and delivery to be conclusive evidence of said approval, and to deliver an executed original thereof to the Bank. Section 4. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement and the Note shall remain in full force and effect. Section 5. Authorization of Execution and Additional Action. The Chairman, Vice Chairman, Clerk, Deputy Clerk, County Administrator and any other official of the County are each authorized and directed to execute and deliver any and all documents and instruments and to do and cause to be done all acts and things necessary or proper for carrying out and implementing the extension of the date of the Advances as contemplated by this resolution, including transfer of moneys from other funds or accounts of the County in order to facilitate the funding of the Indian River Estates MSBU project prior to the receipt of the Advance from the Bank. Section 6. Severability. If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions hereof, and in no way affect the validity of all other provisions of the Loan Agreement or this resolution. 2 { 5000/99/00057482.DOCv I) Section 7. Effective Date. This resolution shall take effect immediately upon its adoption. Passed and Adopted this 2nd day of May 2006, at a regular meeting duly called and held. ST. LUCIE COUNTY, FLORIDA . (SEAL) Chairman, Board of County Commissioners ATTEST: LIM Clerk of the Circuit Court, Ex-officio Clerk of the Board APPROVED AS TO FORM AND CORRECTNESS: County Attorney { 5 000/99/0005 7482.DOCv I) EXHIBIT A TO RESOLUTION FORM OF THIRD MODIFICATION AGREEMENT THIS THIRD MODIFICATION AGREEMENT is made and entered into by and between St. Lucie County, Florida, a political subdivision of the State of Florida ("County") and Bank of America, N.A., a national banking association ("Bank") as of this _ day of May 2006. Whereas, the County and the Bank have previously entered into that certain Term Loan Agreement, dated September 24, 2001 ("Original Loan Agreement"), as amended by a Modification Agreement, dated as of September 24, 2002, and a Second Modification Agreement, dated as of May 25, 2005 (collectively, the "Modification Agreements" and, together with the Original Loan Agreement, the "Loan Agreement"); and Whereas, the County and the Bank agree to amend the Loan Agreement to provide that advances under the Loan may be made within the period of twelve months prior to the Maturity Date; NOW, THEREFORE, for and in consideration of the Bank's consent to make advances to the County under the Loan Agreement within the period of twelve months prior to the Maturity Date, the County and the Bank agree as follows: Section 1. Amendment to Loan Agreement. The definition of "Disbursement Date" contained in Section 1 of the Loan Agreement is amended o read as follows: "Disbursement Date" means any date on which proceeds of the Loan are disbursed to the County, provided that any Advance matures not later than September 20, 2006. Section 2. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement shall be deemed to be unchanged and shall remain in full force and effect. 4 { 5000/99/00057482.DOCv I) IN WITNESS WHEREOF, the Bank and the County have executed this Third Modification Agreement as of the date and year first above written. (SEAL) ST. LUCIE COUNTY, FLORIDA Chairman, Board of County Commissioners ATTEST: 51 Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 5 { 5000/99/00057482.DOCv I) THIRD MODIFICATION AGREEMENT THIS THIRD MODIFICATION AGREEMENT is made and entered into by and between St. Lucie County, Florida, a political subdivision of the State of Florida ("County") and Bank of America, N.A., a national banking association ("Bank") as of this _ day of May 2606. Whereas, the County and the Bank have previously entered into that certain Term Loan Agreement, dated September 24, 2001 ("Original Loan Agreement"), as amended by a Modification Agreement, dated as of September 24, 2002, and a Second Modification Agreement, dated as of May 25, 2005 (collectively, the "Modification Agreements" and, together with the Original Loan Agreement, the "Loan Agreement"); and Whereas, the County and the Bank agree to amend the Loan Agreement to provide that advances under the Loan may be made within the period of twelve months prior to the Maturity Date; NOW, THEREFORE, for and in consideration of the Bank's consent to make advances to the County under the Loan Agreement within the period of twelve months prior to the Maturity Date, the County and the Bank agree as follows: Section 1. Amendment to Loan Agreement. Certain definitions contained in the Loan Agreement are hereby amended in the following respects: "Anniversary Date" with respect to an Advance means the same day of the same month in the year immediately succeeding the year in which the Advance is made, provided however that if an Advance is made within twelve months preceding the Maturity Date, the Anniversary Date shall be the Maturity Date. "Disbursement Date" means any date on which proceeds of the Loan are disbursed to the County, provided that any Advance matures not later than the Maturity Date. Section 2. Remaining Provisions Unaffected. The remaining provisions of the Loan Agreement shall be deemed to be unchanged and shall remain in full force and effect. (5000/99/00057483.DOCv 1) IN WITNESS WHEREOF, the Bank and the County have executed this Third Modification Agreement as of the date and year first above written. (SEAL) ST. LUCIE COUNTY, FLORIDA Chairman, Board of County Commissioners ATTEST: an Clerk of the Circuit Court, ex-officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: County Attorney 2 (5000/99/0005 7483. DOCv I) AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. CA1 DATE: May 2, 2006 REGULAR [] PUBLIC HEARING [] CONSENT (] PRESENTED BY: Daniel S. McIntyre SUBJECT: Resolution No. 06-141- Declaring a State of Local Emergency - Ban on Open Air Burning in St. Lucie County BACKGROUND: Due to the drought in St. Lucie County, the Fire Chief has requested that the County ban open air burning in St. Lucie County. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve Resolution No. 06-141 and authorize the Chairman to sign the Resolution. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Review and Approvals County Attorney: ti `i Management & Budget Originating Dept, Public Works Dir: Finance: (Check for copy only, if applicable) County Administrator urchasing: _ County Eng.: Eff. 5/96 y RESOLUTION NO. 06 -141 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, DECLARING A STATE OF LOCAL EMERGENCY WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 252.38(3)(a), Florida Statutes, grants the Board of County Commissioners of St. Lucie County the authority and power to request State assistance or invoke emergency -related mutual aid assistance by declaring a state of local emergency in the event of an emergency affecting St. Lucie County. 2. Section 252.38(3)(a), Florida Statutes, further empowers the Board of County Commissioners to waive the procedures and formalities otherwise required of the political subdivision by law pertaining to a number of actions that can be taken to ensure the health, safety, and welfare of the community in accordance with the authority set forth therein. 3. A drought in St. Lucie County has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. The Fire Chief for the St. Lucie County Fire District by email dated May 1, 2006, (a copy of which is attached as Exhibit "A") has requested that the County ban open air burning in St. Lucie County. 5. In order to respond to such disaster, the County Administrator or his designee is hereby authorized to initiate and take such actions authorized by Section 252.38, F.S. for and on behalf of the Board of County Commissioners during the term of such local state of emergency. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The foregoing recitals are hereby affirmed and ratified. 2. The County Administrator is authorized to declare a state of local emergency. Such declaration shall remain in full force and effect for seven (7) days unless extended by the County Administrator or sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 3. During the duration of the state of local emergency as is hereby declared, it shall be illegal throughout St. Lucie County to conduct open burning, including but not limited to bonfires, campfires, burning for commercial land clearing and air curtain incinerators. 4. Any violation of the provisions of this Resolution shall be prosecuted as permitted by law. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward XXX Vice Chair Chris Craft XXX Commissioner Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 2nd day of May, 2006. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Douglas Anderson Burn ban ry Page 1 From: <jizemore@slcfd.org> To: <DOUGA.VAAVE-P.SLCMAILD@co.st-lucie.fl.us> Date: 5/1/2006 5:57 pm Subject: Burn ban Doug, as per our conversations and the weekly meetings with the State Division of Forestry we need to put into place a formal ban on open burning. The consensus has been that the ban would be put into place when the drought index reached 550, we are now at 561 with no rain forecast for the near future. We will continue to monitor the situation and meet Mondays as we have with both yourself and the Division of Forestry. If you have any questions, please call. Jay Sizemore Fire Chief St. Lucie County Fire District 2400 Rhode Island Ave. Fort Pierce, FI. 34950 772 462-8301 Fax 772 462-1833 EXHIBIT P it ADDITIONS AGENDA May 2, 2006 CONSENT AGENDA CAI. COUNTY ATTORNEY Resolution No. 06-141 — Declaring a State of Local Emergency — Ban on Open Air Burning in St. Lucie County — Consider staff recommendation to approve Resolution No. 06-141 and authorize the Chairman to sign the Resolution. REGULAR AGENDA RAI. COUNTY ATTORNEY Resolution No. 06-142 — Resolution Amending Load Agreement for MSBU Line of Credit with Bank of America — Consider staff recommendation to approve Resolution No. 06- 142 as drafted. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted 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 County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. AGENDA REQUEST ITEM NO. 2A DATE: May 2, 2006 REGULAR[X] PUBLIC HEARING[ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 06-138 - Proclaiming May 10, 2006, as "Lupus Day" in St. Lucie County, Florida. BACKGROUND: Ms. Leslie Anne Carter, Executive Director of the Lupus Foundation of America, Southeast Florida Chapter, has requested that this Board proclaim May 10, 2006, as "Lupus Day" in St. Lucie County, Florida. The attached Resolution No. 06-138 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 06-138 as drafted. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Administrator Review and Approvals County Attorney: Management & Budget Originating Dept. Other: Finance: (Check for Copy only, if applicable)_ Purchasing Other: Eff. 5/96 RESOLUTION NO. 06-138 A RESOLUTION PROCLAIMING MAY 10, 2006, AS "LUPUS DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Third Annual World Lupus Day observance will occur on Wednesday, May 10, 2006, and will focus on the need for improved patient healthcare services, increased research into the causes of and a cure for lupus, enhanced physician diagnosis and treatment of lupus, and better epidemiological data on lupus globally. 2. Lupus is an autoimmune disease that causes tissue and organ damage to any organ in the body, and, in some cases, death. 3. More than five million people worldwide suffer the devastating effects of this disease and each year over a hundred thousand women, men and children are newly diagnosed with lupus, the great majority of whom are women of child-bearing age. 4. Medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are under- funded in comparison with diseases of comparable magnitude and severity. 5. Many physicians worldwide are unaware of symptoms and health effects of lupus, causing people with lupus to suffer for many years before they obtain a correct diagnosis and medical treatment. t 6. There is a deep, unmet need worldwide to educate and support individuals and families affected by lupus. 7. There is an urgent need to increase awareness in communities worldwide of the debilitating impact of lupus. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim May 10, 2006 as "LUPUS DAY" in St. Lucie County, Florida 2. This Board urges all lupus organizations around the globe to call for increases in public and private sector funding for medical research on lupus, and establish targeted educated programs for health professionals, patients and the public, and worldwide recognition of lupus as a significant public health issue. PASSED AND DULY ADOPTED this 2na day of May, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: April 25, 2006 Convened: 9:00 a.m. Tane: 1-2 Adjourned: 11:05 a.m. Commissioners Present: Chairman, Doug Coward, Chris Craft, Paula A. Lewis, Frannie Hutchinson, Joseph Smith Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Michael Brillhart, Special Projects Director, Beth Ryder, Community Services Director, Ed Parker, Purchasing Director, Don West, Public Works Director, Vanessa Bassey, Environmental Resources Director, Mike Pawley, County Engineer, Millie Delgado -Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Craft, seconded by Com. Smith, to approve the minutes of the meeting held April 18, 2006, and; upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 06-113 Proclaiming April 28, 2006 through April 30, 2006 as "The Second Annual Zora Fest and designating Saturday, April 29, 2006 as ""Lora Neale IIurston Day" in St. Lucie County, Florida. It was moved by Com. Smith, seconded by Com. Craft to approve Resolution No. 06- 113, and; upon roll call, motion carried unanimously. B. The County Administrator presented the "Employee of the Quarter" award to Joe Turner, Central Services. C. Resolution No. 06-109 Awarding a life time pass to Mr. John Reed and his guests to the St. Lucie County Marine Center and the Smithsonian Marine Ecosystems Exhibit in St. Lucie County. It was moved by Com. Craft, seconded by Com. Hutchinson, to approve Resolution No. 06-109, and; upon roll call, motion carried unanimously. D. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS None 4. CONSENT AGENDA (1-647) It was moved by Com. Lewis, seconded by Com. Craft, to approve the Consent Agenda with item C13-E pulled and the correction on item C2-F the correct Resolution No. should read 06-135, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 29. Jj 2. COUNTY ATTORNEY A. Resolution No. 06-134- The Board approved Resolution No. 06-134 ,. extending the State of Emergency for Hurricane Wilma and authorized the Chairman to sign. B. First Amendment- Granite Falls Furnace- The Board approved the First Amendment to the Purchase Agreement with Granite balls Furnace. C. Permission to advertise- Resolution No. 06-035-Public hearing regarding the Brownfield area - The Board approved advertising a public hearing for Resolution No. 06-035 to be heard on May 22, 2006 at 6:00 p.m. at the Airport Administration building. D. Resolution No. 06-132- The Board approved Resolution No. 06-132 Urging Congress, the Florida Legislature and the Governor to ensure Local Government Authority to require Franchises for the Provision of Video Services within its Jurisdiction to Protect Existing Cable Franchising Authority, and to Protect Local Governments' Authority to provide communications services and directing that this Resolution be forwarded to appropriate members of Congress and the Florida Legislature, the Governor of Florida, the National Association of Counties, and the Florida Association of Counties, providing an effective date. E. St. Lucie Metropolitan Planning Organization- Interlocal agreement - The Board approved the proposed interlocal agreement for the St. Lucie MPO and authorized the Chairman to execute the agreement. F. Resolution No. 06-135 — The Board approved Resolution No. 06-135 a resolution urging the Florida Legislature to create and fund a Successor to the Florida Forever program. PARKS AND RECREATION A. Work Authorization to Masteller & Moller Inc., (C05-04-170) for the sewer deign at the County Fairgrounds- The Board approved Budget Amendment No. BA 06-146 to use $22,550 from the General Contingency Fund and issue a work authorization to Masteller & Moler Inc., for design of a sewer system at the County Fairgrounds. B. Resolution No. 06-116- The Board approved Resolution No. 06-116 amending County owned Pool Fees, for the Open Space, Paradise Park and Lakewood Park Regional Park Pools. C. Ice Machine Replacement- The Board approved Budget Amendment No. BA-0-143 to purchase the ice machine for Tradition Field at a cost of $1,493.00. D. City of Port St. Lucie Request- The Board approved the City of Port St. Lucie's request to utilized the fenced bus parking area of the South county Regional Stadium on September 16, 2006. The Board also approved the City of Port St. Lucie concessions request including the sale of alcoholic beverages. E. Work Authorization (Structural Engineering Services) to construct The Lawnwood Football Stadium Storage Facility- The Board approved awarding a work authorization to contract CO3-02-247 to C3TS in the amount of $29,500.00 for the construction of the Lawnwood 2 Recreation Area stprage facility and authorized the Chairman to sign it as drafted by the County Attorney. F. Release of Retainage to Musco Sports Lighting for light installation at Lakewood Park Regional Park- The Board approved making the final payment and release the retainage to Musco Sports Lighting LLC in the amount of $88,747.90. G. Request Board approval ADA Parking lot improvements- The Board approved allocating $35,856.00 from the General Fund Contingency and $14,144.00 from existing Capital Funds to be used for (1) ADA parking lot improvements and (2) consulting services from the New York Mets during the post Hurricane restoration, the Board approved Budget Amendment No. 06-147. 4. CULTURAL AFFAIRS - A. Request to offer free admission to the St. Lucie County Historical Museum- The Board approved offering free admission to the St. Lucie County Historical Museum on Thursday, May 18, 2006 in celebration of International Museum Day. B. Request to increase amount in St. Lucie County Historical Museum's cash register from $75.00 to $150.00. The Board approved this request. C. Request to increase amount of petty cash for St. Lucie County Historical Museum- The Board approved increasing the amount from $50.00 to $100.00. 5. lIU13LIC SAFE"IN A. Certificate of Public Convenience and Necessity- The Board approved the renewal of We Care of the Treasure Coast Class B & B CON as per the recommendation of the EMS Advisory Committee. B. Certificate of Public Convenience and Necessity- The Board approved the renewal of American Jets, Inc., for a Class E CON as per the recommendation of the EMS Advisory Committee. C. Certificate of Public Convenience and Necessity- The Board approved the renewal of American Medical Response Class C CON as per the recommendation of the EMS Advisory Committee. 6. SOLID WASTE Payment to Tropicana for the Landfill Gas Skid- The Board approved payment to Tropicana in the amount of $961,849.00 , approved Equipment Request EQ06-252 and Budget Amendment No. 06-142. 7. PUBLIC WORKS A. Road and Bridge Division- The Board approved Equipment Request EQ 06-264 to purchase a new 2006 Gerber Edge FX cutter for $15,495.00 and the disposal of existing Gerber Edge 2 cutter. B. Engineering Division- Work Authorization No. 4 to the contract with Inwood Consulting Engineers, Inc., for Professional Engineering Services Roadway and Intersection Design for the Avenue J Pedestrian Bridge Project in the amount of $49,382.70 and authorized the Chairman to sign. 8. MANAGEMENT AND ]BUDGET A. Emergency Watershed Protection Program Grant Award- Blind Creek Park/ Little Mud Creek for Mosquito Control- The Board approved the award of grant funds and Budget Resolution No. 06-128 in the amount of $330,000. B. Emergency Watershed Protection Program Grant Award- Lakehurst Drive- Public Works- The Board approved the award of grant funds and Budget Resolution No. 06-127 in the amount of $84,600. C. Request to approve Budget Resolution No. 06-129 to amend Budget Resolution No. 06-104 due to a Scrivener Error- The Board approved Budget Resolution No. 06-129. D. Emergency Watershed Protection Program Grant Award- Hidden River Estates- The Board approved Budget Resolution No. 06-130 in the amount of $187,500 to recognize the grant funding in the FY 2005- 2006 budget. 9. AIRPORT A. Commercial Fence Contractors, Inc., Change Order No. 4 and Release of Retainage on Contract Number C05-01-052- The Board approved Change Order No. 4 increasing the Contract $2,193.91 for a total of $90,970.91 and released retainage in the amount of $ 9,097.05 for Commercial Fence Contractors, Inc., and authorized the Chairman to execute the same. B. Release retainage to Commercial Fence Contractors, Inc., on Contract C05-01-051 - The Board approved releasing the retainage Contract No. 05-01-051 for bid No. 05-008 to Commercial Fence Contractors, Inc., for the installation of fencing at the St. Lucie County International Airport in the amount of $15,932. 10. GRANTS A. Authorize the submittal of a Florida Forever Grant application to the Florida Communities Trust in the amount not to exceed $600,000 for funds to assist with reimbursement or acquisition of Indrio North Savannas Two, an 11.13 acre project, consisting of approximately twelve parcels that are immediately adjacent to the Indrio North Savannas Natural Area. The Board approved the submittal of the application to the Florida Communities Trust. B. The Board approved the submittal of the $440,000 Transportation Viiha eine t Appliealion to the Florida Department orTraml)ortadon to facilitate the construction of a sidewalk along Angle Road, and approved Resolution 06-133 indicting Board support. C. The Board approved the submittal of a grant application to the F DOT Transportation Enhancement program for funding of $200,000 to construct a sidewalk on St. James Drive from River's Edge Elementary School to the Oxbow Environmental Center and also authorized the acceptance of the grant if funding is awarded. D. The Board approved the submittal of a grant application to the Florida Communities Trust Florida Forever Program for funds in the amount of $3,000,000 to assist in the acquisition of Heathcote Botanical Park Phase 2 and the acceptance of the grant if it is awarded. n u 41 11. CENTRAL SERVICES A. Work Authorization to Contract No. CO3-02-257 /Jenkins & Charland Inc., for Threshold Inspection services for the New Clerk of Court Building at a cost of $22,500.00 - The Board approved the Work Authorization to the Contract with Jenkins & Charland and authorized the Chairman to sign the Work Authorization as prepared by the County Attorney. B. The Board approved the proposed fee schedule of $3.00 per vehicle to recover the costs associated with the after hour use of the downtown parking garage by the Sunrise Theatre for scheduled events and shows. C. The Board approved the purchase of a Fluke Scope Meter in the amount of $3,250.00 for use at the Rock Road Jail and approved Equipment Request #CSEQ07-010. 12. HUMAN RESOURCES Position POS06-073- Executive Assistant for Research Park Manager and underfill Executive Director- Research and Education Park with Research Park Manager- The Board approved to underfill the Executive Director position with Research Park Manager and approved the new position of a Executive Assistant for the Research Park Manager. 13. PURCHASING A. First Amendment to Contract No. C05-09-470 with Sims Wilkerson Engineering, Inc., for the engineering of a suitable ventilation system at the St. Lucie County Fairgrounds Adams Equestrian Arena- The Board approved the First Amendment to Contract C05-09-470. B. Permission to advertise a Request for Qualifications for a Plasma Arc Gasification Facility to process municipal solid waste for St. Lucie County- The Board approved advertising a Request for Qualifications C. Award of RFP No. 06-038 - Concession Services for Lawnwood Sports Complex to Jimmy Kemp and Domenick Collura and granted permission for the Chairman to sign the contract as prepared by the County Attorney. D. Award of Bid No. 06-046- Sale of Surplus File System- The Board approved awarding Bid No. 06-046 to the only bidder, Accountable Medical Billing, for the amount of $106.50. E. Award of Bid No. 06-033- This item was pulled. F. Award of RFP No. 06-019 Construction Manager AT Risk for the New Windmill Point Library- Central Services Department- The Board approved the Selection Committee's recommendation to award RFP No. 06-019 Construction Manager at Risk for the New Windmill Point Library to the top rank firm Biltmore Construction and granted permission to negotiate a Guaranteed Maximum Price contract. Still will bring the contract back to the Board for approval. 14. 2006 STRATEGIC PLANNING IMPLEMENTATION A. PUBLIC WORKS- Kings Highway Corridor Study Work Authorization No. 6 with Kimley Horn and Associates- The Board approved Work Authorization No. 6 with Kimley Horn and Associates, Inc., in the amount of $43,000.00 to provide transportation 5 study for the Kingp Highway Corridor and authorized the Chairman to sign. B. COUNTY ATTORNEY - Resolution No. 06-121- The Board approved Resolution No. 06-121 amending the application fee for road and plat abandonment's. C. COUNTY ATTORNEY -Advertise Ordinance No. 06-022- The Board approved advertising Ordinance No. 06-022 providing for a Privilege Fee for the Abandonment's of a Plat or Right of Way before the local planning agency on May 18, 2006 and the Board of County Commissioners on June 6, 2006 and June 20, 2006 beginning at 6:00 p.m. or as soon thereafter as it may be heard. D. PURCHASING- Permission to Advertise RFP for Community Redevelopment Agency Feasibility Study (Kings Highway and Midway Road)- The Board approved advertising an RFP for CRA Feasibility Study for Kings Highway and Midway Road. 15. UTILITIES The Board approved the asset transfer of two 125 kw trailer -mounted generators from the Utilities Department to the Emergency Operations Center. RVG[J1,A1t AGENDA 5.A No public licarinbs 6. SOLID WASTE (1-3027) Authorization to conduct a fact finding investigation into applying plasma arc technology to municipal solid waste- Consider staff recommendation to authorize staff to conduct a fact finding investigation to plasma arc technology to municipal waste. Mr. Bill Miller, consultant gave a report on the equipment and cost. Com. Hutchinson requested the consultant pursue federal grants to assist in the funding of this project. It was moved by Com. Craft, seconded by Com. Hutchinson, to authorize the fact finding investigation for this system, and; upon roll call, motion carried unanimously. 7. 2006 STRATEGIC PLANNING IMPLEMENTATION ADMINISTRATION TVC Staffing Proposal- Consider staff proposal on TVC Implementation Plan and provide Board direction to amend the existing interlocal agreement with TCRPC for TVC design consultant selection and management services. The Assistant County Administrator addressed the Board and advised them of the impact this project would have on the various County departments. Com. Craft asked if these positions would still be necessary if the TVC implementation would not take place due to the growth in the north county. The Asst. County Administrator stated they would be necessary. Com. Hutchinson expressed her concern with the two part-time locations the team would be housed at RPC and the County. The Asst. County Administrator stated they are still in the process of working this out. The RPC member addressed this concern. C-1 4 Com. Hutchinson expressed concern with a possible conflict. The County Attorney stated there may a conflict only if there was a financial gain. He does not see any financial gain or conflict, only if a member of the consulting team hired through the Regional Planning Council was to participate in the development process, then it would clearly be a conflict. He would make sure this would not happen through the protocol process. Com. Craft concurred with Com. Hutchinson and also stated they also needed to continue our services with the Regional Planning Council and he sees many benefits in assisting in bringing the TVC concept forward. Com. Smith stated it was important to have our staff have a good if not better understanding of this plan since the RPC will not be here forever. He is inclined to move forward with this process. Com. Lewis expressed she concurred there would be need for the RPC to be around for some time, however she is concerned with staff work product being done by someone outside of the county. She agrees we need additional staff, but is concerned with people doing the work beyond the Board's reach. Her concerns are not so much for funding but has a real concern with moving some of the functions outside of the county and has a concern continuing with the interlocal as written. Com. Coward stated it is much more cost effective to work with the Regional Planning Council to bring in those national experts on a part time basis as needed as opposed to thinking they can hire those national experts on a full time basis. He is in support of this interlocal agreement. Com. Craft commented on staff relating to him that there were various issues they have not received answers to by the RPC. The Environmental Resources Director stated her department and the Environmental Advisory Committee prepared two pages of comments on the latest Land Development Code side stated there were several questions and the only thing addressed were the minor concerns and the real needy concerns they did not receive a response from the RPC. They recently had another Advisory Committee meeting and the Board will be receiving a memo to that affect. The Asst. County Administrator stated she believed some of these problems were due to availability of each party being in the office at the time the calls are placed. The Public Works Director stated his main concern was the financial structure of the different pieces of infrastructure that go into the TVC plan and the infrastructure plan outside of the TVC area and how it will be funded. There has not been a good description in his mind of how this will be handled. The Special Projects Director stated many of the developers are getting a better feeling on the TVC plan and staff will be having an infrastructure workshop within the next few months. Ms. Marcella Cambor, ItPC addressed the Board and stated there are some questions that still remain to be answered because there are policy decisions that must be made. 11'stalY is requesting answers in writing they would be more than happy to do so. Com. Coward stated they are having a tremendous amount of progress, however they still have a lot of work to do. Com. Craft asked if the RPC could respond in e-mail to those who have questions but have not received responses. 7 It was moved by Com. Craft, seconded by Com. Smith, to approve staff recommendation to amend the existing interlocal agreement with TCRPC for TVC design consultant selection and management services; and, upon roll call, the vote was as follows: Nay's: Lewis, Ayc's: I-lutchinson, Smith, Craft, Coward, motion carried by a vote of to 1. 8. ENVIRONMENTAL RESOURCES(2-1006) Sandcrub LLC Conservation Easement Management Plan- Consider staff recommendation to approve the Management Plan. It was moved by Com. Smith, seconded by Com. Lewis to approve staff recommendation, and; upon roll call, motion carried unanimously. 9. PUBLIC WORKS (2-1162) Engineering Division — Change Order No. 3 to the contract with Dickerson Florida, Inc. SR 615 S. 25th Roadway Widening (Midway Road -Edwards Road) and also for Midway Road and Selvitz Road Intersection Improvements- Consider staff recommendation to approve Change Order No.3 to the contract with Dickerson Florida, Inc., for SR 615 S. 25th St. Roadway Widening and authorize the Chairman to sign. It was moved by Com. Hutchinson; seconded by Com. Smith, to approve staff recommendation, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 8 Lydia Shelby 345 East 80th Street (Apt. 25Q New York New York 10021 Telephone: (212) 879-5"] Far: (212) 879-0033 April 24,2006 Re: Zoning Change Request Grande Beach No.Hutchinson Island,LLC Board of County Commissioners St. Lucie County County Planning Division 2300 Virginia Ave. Fort Pierce, F134982-5652 Gentlemen: I am the owner of condo # S1505 in Tiara Towers (3120 No.AIA), and I request that you do not grant the zoning change requested by Grande Beach. A I\EXD zone would permit building of a high rise apartment structure on the property and this would result in further traffic density on an already overcrowded highway, with only a single lane in each direction. Thank you, Sincerely, Ly is Shelby .� Recejved e, To: Submitted By: Agenda Request Board of County Commissioners Growth Management Item Number: 58 Meeting Date May 02, 2006 Consent [ j Regular [ Public Hearing [ X ) Leg. [ j Quasi -JD [ Presented By Growth Management Director SUBJECT: Consider Ordinance 06-023 adopting the request by North Hutchinson Island, LLC, for a change land use designation of a 9.44 acre parcel located northwest of the intersection of SR A-1 A and Marina Drive, from Commercial (COM) land use to Mixed Use (MXD - Medium Intensity) land use, subject to limitations of specified subarea policies for 82 Residential _._ Units, and 10,000 squa`e=tuefof Neighborhood Commercial with consistent arcl4ectiire13nd a traniWttop {File-N — "iber. PA-05-0081 BACKGROUND: - - - - Applicant's reasons for request: To facilitate planning and development of a true mixed use community in this unique and geographically strategic location of the County; to use innovative land use concepts and allow housing and commercial uses that cannot be accomplished without using the Mixed Use land development regulations. • Staff findings: Site meets criteria for Mixed Use with Sub -Area Policies. The medium intensity is transitional from the east high intensity and lower intensity west, north and southwest. There is also adjacent commercial use south of the subject area. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the Local Planning Agency (LPA) meeting on March 16, 2005, after a Public Hearing with many comments both for and against, the LPA voted 5-3 to recommend that the County Commission deny adoption of the amendment. RECOMMENDATION: Staff recommends that the BOCC adopt the Amendment as a reasonable mixed use. COMMISSION ACTION: FXJ APPROVEC 0 OTHER = DENIED Approved 4-1 Comm. Coward No Motion to approved units, language change of Ordinance No. 06-023, with minimum of 10,000 square ordination/ Signatures the changes as agreed, 80 foot of commercial. County Attorney Mgt. & Budget. Finance: Fire Dept: Environ. Resources; Utility: RRENCE: M. Anderson Administrator Purchasing: Public Works: Other: Mr. Mundt stated he will make a motion to approve the request of the Board of County Commissioners. Ms. Morgan seconded the motion. Roll Call Mr. Mundt — Yes Ms. Morgan — Yes Chairman Hearn — Yes Vice Chairman Trias — Ms. Caron — No Mr. Grande — Yes Ms. Hammer — No Mr. Knapp No Mr. Lounds — No -Vote is 5 io 4 to approve. Gill Backenstoss stated that the current copy of the site all the commission members. Larry Szynkowski stated this is an application amendment 05-008 future 1 endmen mixed use (MXD) mediu ropose commercial surroundin d use d ations mixed use also has s a 82 dwellings, maximum Attorney Heathe stated that this is #5 has been distributed to utchinson Island, LLC plan i desi n from commercial (COM) to 2 units f condominiums, 10,000 sq R of .1 medium. The applicant in their request for l be 84 dwellings but has been reduced to rth has to be non -applicable. As part of the be non -applicable. nts or parts of the element that this plan with future area shall be directed to areas where urban and efficient manner to discourage sprawl. Chairman Hearn before the public hearing is opened it needs to be as a local planning agency therefore it is necessary to reconvene as Chairman Hearn stated fl at this hearing is being conducted as the local planning agency. Mr. Mundt asked Larry about the 40% of the planned mixed use development that limitation would yield a maximum 35 dwelling units and the applicant's response was "at this the applicant deserves the application to proceed forward in its current format for its review and approval by the Board of County Commissioners". Were there any further conversations with them about the 235% increase in density that was requested? Larry Szynkowski replied yes there were conversations regarding the minimum and maximum and finally the basic 82 condominium units that they have come up with for the final application. 0 Mr. Mundt asked Larry if he counseled them in any direction that this was unique and far beyond what would normally be approved in the County. Larry Szynkowski replied not to that extent, basically on their sub area policy. Mr. Nix, Director of Growth Management for the County, many of the questions that were just directed to the staff had to do with zoning. The issue that is before this board right now is not zoning, it is a plan amendment and those questions may be appropriate for the next iteln. that is coming up and it should be considered there but they are not appropriate regarding a plan ent. Basically if an applicant wants to apply to amend the comprehensive plan and create ew district in that plan and new regulations for that district, there is no end at all in the code r that relates to that. It is a policy decision by the Board of County Commissioners that wo e m a recommendation about. Chairman Hearn asked Mr. Nix regarding district, you Mr. Nix replied it was referring to the sub area planthatNs. district category and, the mixed use district category was n been seen in the comprehensive plan that i designed for t that they think will work for this site to hel achieve that it is consistent with all the other goals, o d policies could be adopted in the plan. It is the board's cti rmin by relevant and appropriate data and analysis. se az looking at. Go through on the w issue, m recom your recommendation onue. the 9.44 o create here . this mixed use .d for this and frankly nothing has V t is proposing something o do and they are proposing and it is something that r not and if it is supported tflues this board.should be on. and then come back and make Mr. Bobby Klein, LaXup, Klein and Dobbins on behalf of the applicant Grande Beach, North Hutchinson Island, Lsentatives Mr. Halpern and Mr. Zeller, Albert Jacob, Land Planner from Houston Cuosoeph Mathis from Culpepper and Terpening, Engineer and Traffic Consultant and the Economic Consultant, Carole Thompson of Thompson Consulting. A lot of people can attest to the fact that it was indicated that Mr. Dobbins made that statement Tuesday morning at the County Commission where permission to advertise the abandonment was made for the 4/4/06 County Commission meeting and there was a discussion by the residents that it should be heard at the same time as the land use amendment and the site plan. That has always been our intention. Bobby Klein stated the project's main interest was the extension of Flotilla. Coincidentally one year ago tomorrow, March 17, 2005, the clients and several representatives met with several community 6 island leaders. The property and the project, their concerns and what they wanted was discussed. The number one concern was not to use Flotilla and Marina Drive as access. They discussed the impact of the neighborhood by the design and the proximity of the buildings and how they were imposing on the neighborhood. They also talked about the undesirable uses that are in the commercial general zoning. What they wanted was a unique project and viable commercial uses. This project has a site plan to show what is going to be done and how it will be done. In April, 2005 Carole Thompson of Thompson Consulting was hired because it was important to establish the appropriate amount of commercial space and then design the residences around it. At this point, Albert will walk through the site plan and discuss the project. AL Albert Jacob, Houston Quozzo Group stated he will describe what is g. done with this project. It is on A 1 A and Marina Drive on the north west corner. Condo buildi east are approx 12 stories, 125 ft tall. There are two story townhouses and the Gallions are two s. The areas around the property on the south western corner and along the northern single units. Presently on the site is a commercial building which is vacant and ther i.xisting road. o on the western si.de,of the property is the Coral Cove Water_Way-whi approximately a 1 /3..o s istance from the southern corner of the property. As an overview the pie of property bei I ssed and - what is happening around the property. The site plan tha rec onight is the ent plan and will be reviewed tonight. Chairman Hearn asked_ Albert to explain month. Albert Jacob replied the design process will ind on the east side of the^ierin na Drive face the east looking ean. Only point and as mentionesentatior submittals. to this plalWthe plan that was viewed last to be done on the site. A 1 A is RE southces f the property. All these buildings building Coral Cove Waterway. Just as a je of these buildings have moved from all the Ms. Hammer stated thYbented istakes on the site plan that could impact this community in the future. The mistakes need to out and addressed and not three years later. She asked the planner, Albert Jacob to look ar sheet of the old plan. It is the same as on the new plan. The old plan indicates being short ten parking spaces for commercial. Could it be shown where those parking spaces have been added. Albert Jacob replied the parking spaces that were added were on the south east corner. Ms. Hammer stated they were put into what was the dry detention area. How is that space being made up if it was previously a detention area. The planner, Albert Jacob, replied there was excess and there 10 was no open space. Presently there is more open space that is required and that is why it was able to be accommodated. Ms. Hammer stated there is a great deal of time spent reviewing every line and every one of the details and for this committee to receive a site plan tonight without sufficient time to review it is why the project will not be voted on favorably even though it is not a bad project. The project should have been pulled off the agenda in the very beginning of this meeting at 6:10 PM. This county nor the owners of this property do not deserve this kind of work. Hopefully this board will either turn this project down or continue it until an accurate site plan is made available. Chairman Hearn asked if there were any other questions. Chairman Hearn opened the public hearing. Diane Andrews, North.Beach, in Queens Cove. Vice Pres' Association. Her.c�ncerns are many, one of which isx ding closer scrutiny and a satisfactory explanation fora r nda concession. Also the site plan and staff report presented or accommodate maximizing the residential component, some elements". They are Density variance, 'roa lacking proper wi chairperson for the Land Preservation Co of North Beac requests that the commission reject the site d t plan as many new eat!!!, use Nicholas 115 this project. He is requestinj economically it ! ! She of the Beach receive f approval oft. e other deviati from code to y referred to as the "sub -area ber of parking spaces. As the iation of St. Lucie County, she to vote, no place for meetings, have been closed, as well. . She states she does not disagree with the izing. How could there be so much more tercial development. She will now have designed homes. Don't these people . the mixed use on this property include lives at Ri Walk, xt door to the Grande Beach Development. He is in favor of seen pictur f it and he thinks it will be a big improvement for the neighborhood. his projec a approved. The condos will fit the riverhead very aesthetically and ood f ronertv values. Jeff Mitchell, North Hut son Island. First went to N.-Hutchinson Island in 1955. Moved here permanently and just re ntly he has seen a lot of changes from when he visited his parents and grand parents. The commercial piece of property is not just for the residents of North Hutchinson Island. It is for all County residents to use. Very few people lived on the island but all businesses thrived because people came from the mainland to go out to the island and use these commercial properties. It was mentioned that 70,000 new people that will populate the North County in the next 20 years. Building needs to be done for the future not just for now. Build it and the people will come and use the facilities. He recommends that the P & Z commission reject this request. 11 Nancy Spaulding, 211 Marina Drive directly adjacent to the development in question. She is in favor of the zoning change. This development will be a beautiful addition to the island. It is appreciated that there are no units directly on Marina Drive and that access to the development is from AIA. Single family homes or two story homes would be preferred. They are satisfied with the 10,000 sq ft the developer is planning. To summarize change the zoning to MXD use. If there is a problem with that at least change the triangle portion of the property to residential since it cannot be built upon as commercial. Larry Storms has a power point presentation and is here as a concerned Hutchinson Island resident living across A I A from the subject develop] He states all the existing commercial land use designation isxncomi comprehensive plan and its related policies. Commercial de stated comp plan goal providing the highest quality of livin of land uses reflecting the needs and desires of the local resi needs. The proposal is predominately a residential-develo Ms. Hammer requested a.short break. Chairman Hearn stated each speaker is limited to 20 Attorney Heather Young stated to Chairma that needs to be heard tonight is the second of the stop gap. Robert Emery, 220 Marina Grande Beach develonmen stages of the developm applicant to move bu'A that building and extend ou He is a North the goal of the property helps obtain the Ce through a mixture resident's daily to be condensed, the petition s to the April 6 expiration is pro abuts the west side of the proposed landscape ans and utility plans at the various se s from the county last week. He asked the the d recreation area. Balconies are part of ildin ce. Marston Group plans to have their people e end of Coral Cove Waterway. These docks are Group proposes a 1.3 acre children's play ground This is right on Marina Drive. These activities will and his neighbors. Marston Group advises they refuse Bill Medina, 32 th — inau le —Circle at the Sands Community which is directly adjacent to the proposed develop ne t ' that was not presented was the —inaudible — impact of the southern 3 story buildings which istent with the surrounding homes. Removing one story from each building will help correc a issue of height in units per acre which would then compare favorably with the surrounding co unities. The problem that has not been brought up and mentioned is storm damage. Buildings, roads and parking lanes create the need for large segments of the remaining land to be designated for retention areas. Kathy Brandon, lives directly adjacent to Grande Beach project, and North Beach does not speak for all the residents of the island. She has lived here for 5 years and that property has looked absolutely disgusting most of the time. Along comes a developer who really wants to put something really nice and help the property values and she is 100% for it. This is an emotional appeal. She supports of this project and those voting on it would be shortsighted, if it is not approved. 12 Anthony Simons, 312 7ch South Lightening (?) Circle, The Sands One. Mr. Simons stated he lives adjacent to the Grande Beach property. He supports the Grande Beach project and feels that it will be an asset to the community. Robert Tabor, 4201 North Highway, Al A, North Hutchinson Island states previously there was a moratorium on building on North Hutchinson Island. A plan was previously drawn the way North Hutchinson Island should be. His property had 200 ft depth, 100 ft width, 20,000 sq ft of commercial property facing AIA. He gave up his property to be used for commercial stares. And that is where the Grande Beach project is be located. He does not support the Grande Be ed use project. Sergei Goukasov, a resident of North Hutchinson Island. He supp ed use project and feels the first floor of this project should be all commercial. He feels peo ant %Lthe island and will support these proposed businesses. He feels the plan is nice co d be chmake it more practical. Michael Riordan, 213 Marina -Drive, previous Mice t of Mr. Riordan sent correspondence to Chairman Hearn rej t] the committee to reject it and keep it 100% commercial. He at the southern end of the triangle where h ives. He does not He feels the proposal is inconsistent with th borhood he li population density, drainage problems and in ger of f hazard and spoil the neighborhood as it is now 1. rove Homeo ssociation sal of Grand ach and urges one story professional buildings t three story professional units. He feels the noise, increased IM"fid cause a public safety almost adjacent to the Grande Beach project. She objects to the iat the three story units are not in line with the area. Richard Samples, 222 a Drive states he is not in favor of the three story units. He does not like the possibility of the 20 + families using the dock facilities and feels it is an infringement of his privacy. Chairman Hearn asked if there is anyone else from the public who would like to speak. If not, the public hearing is closed. Chairman Hearn asked the board members for any discussion or a motion. Mr. Grande made a motion to continue this petition to April 20, 2006. 13 Ms. Morgan seconded the motion. Chairman Hearn stated motion was made and seconded. Motion to continue on April 20 2006. Roll Call Mr. Grande — Yes Ms. Morgan — Yes Chairman Hearn — No Vice Chairman Trias — Yes Ms. Caron — No Ms. Hammer — No Mr. Knapp — Yes Mr. Mundt — No -.! -- 10 Chairman Hearn stated there is a tie. Another motion Mr. Mundt stated after considering the tes 'Uno comments, it is hereby moved that the loca St. Lucie County Board of County Commissi North Hutchinson Island for a change in futur because it does not meet the land development best interest of the overall co tv. Chairman Hearn Ms. Hammer seconded the Chairman The vote is 5 to 3 to deny. public hearing including staff cie County recommend that the petition of Grande Beach mmercial to mixed use on 7.03.03A and it is not in the Chairman Hearn stated to Mr. Klein that his application will be forwarded to the Board of County Commissioners with a recommendation of denial. Mr. Klein stated that the conditions are accepted for the record. 14 Mr. Nix stated for the staff that the rezoning is not consistent with the comprehensive plan as of the plan amendment and it has to be denied. Attorney Young stated that the board has to vote on the rezoning for the record. Chairman Hearn asked Mr. Klein if it was ok to open the public hearing. Agenda Item 46: Grande Beach North Hutchinson Island LLC A petition of Grande Beach North Hutchinson Island, LLC for a change ' g from the CG to PMUD. Chairman Hearn asked if there was anyone who had any additio info to be heard regarding the rezoning, since it is a moot point. Seeing no-one, the pu h 'ng is c Chairman Hearn asked the board for a motion. Mr. Mundt made a motion to deny the rezoning of Chairman Hearn stated a motion was Mr. Knapp seconded the motion. Roll Call Mr. Mundt — Yes Mr. Knapp — Yes Chairman Hearn — Y Vice Chairman Trias Ms. Caron — Yes Mr. Grande — Ms. Hamm Ms. Mor . Yes The vote Chairman Hear Commissioners deny. Is there a to Mr. Affin that the application will be forwarded to the Board of County coMAdation of denial on both the land use change and the zoning change. Agenda Item #7: Ordinal'' lid"No. 06-012 Attorney Heather Younf, stated that this is a public hearing on proposed ordinance #06-012 which would extend the Stop -Gap ordinance. Back in `95 on August 16th the board adopted a Stop -Gap ordinance forcertain properties within the TVC element boundary provided for postponement of certain development in that area for a period of 180 days. On February 7th the board adopted a resolution of 06-038 which extended the time period for an additional 60 days which runs through April 9 which is why it has to be heard tonight so the board can consider action on it on April 4. The proposed ordinance would extend it for 60 days or the effective date of the comprehensive plan amendments and land development regulations for the TVC element whichever is earlier. 15 Marina Drive/AIA Tract North Hutchinson Island, Fl. (Commercial Analysis) Prepared for: Grande Beach North Hutchinson Island, LLC. Prepared by: Thompson Consulting, Inc. West Palm Beach, FL (561) 659-6068 August 2005 Table of Contents Introduction Commercial Growth Factors 2 Population/Households 2 Age Characteristics 3 Income 3 Commercial Analysis 4 Trade Area 4 Retail Demand 5 Supply/Demand Comparison 6 General Limiting Conditions 7 Technical Appendix g ---------------------------------------------------------------- consultant Curriculum Vitae Grande Beach N. Hutchinson Island, LLC Introduction This report presents findings and conclusions relating to the market potential for commercial development of a site located at the northwest comer of Marina Drive and SR A1A on North Hutchinson Island (St. Lucie County), Florida. (Ref: Site Location Map) The total site area is approximately 9.5 acres. Given the site's location on the northern portion of the barrier island of St. Lucie County, the commercial uses that develop will cater predominantly to the convenience needs of residents of North Hutchinson Island and those who are visiting the island to use the public beaches. The types of commercial uses that locate on barrier islands do not generally attract shoppers from the mainland. Those general factors affecting the existing and future market supporting commercial development at this location are examined in this study. Grande Beach N. Hutchinson Island ULC Grande Beach Site Location Map Prepared by: Houston Cuozzo Group, Inc. 2 Commercial Growth Factors This section provides the future outlook of population growth, and as such commercial/retail development, in the St. Lucie County marketplace. A review of population growth trends is indicative of the outlook for future expansion of the area's commercial marketplace. St. Lucie County is one of the fastest growing areas in the United States and is the third fastest growing county in Florida. It is located 120 miles north of Miami, 120 miles south of Orlando, 226 miles south of Jacksonville, and within 3 hours of Tampa. The County is centrally located with Indian River County to the north, Martin County on the south and Okeechobee County to the west. Given the limited land area on barrier islands, North Hutchinson Island's population growth is quite limited while St. Lucie County still has large tracts of land undeveloped at this time, although some of it is planned for and/or committed for development. Population/Households St. Lucie County's population grew by an estimated average of 4,328 persons per year between 1990 and 2005. The year end 2005 estimated population in St. Lucie County was 215,090 and is projected to increase to 237,774 in the next 5 years (by 2010). Approximately 8,821 people, or 4.0 percent± of the Countys total population resides in Hutchinson Island (year-end 2005). Approximately 4,080 (4,078) residents, or 2.0 percent+ live in North Hutchinson Island (between the Ft. Pierce Inlet and Indian River County). Although North Hutchinson Island's ratio of population to total County population is expected to remain relatively constant in the near term (5 year projection time frame), the ratio is likely to decrease as the large tracts which are now planned for development, build -out. Household size on North Hutchinson Island is substantially smaller than is the case countywide, indicative of non -family household composition (i.e., singles, empty nesters and retirees). Population (St. Lucie County, Hutchinson Island & N. Hutchinson Island) Area/Year 1990 2000 2005 2010 St_ Lucie Co. 150,171 192,695 215,090 237,774 Hutchinson Island 3,893 8,312 8,821 9,438 N. Hutchinson Isl. 1,826 3,135 4,097 4,502 Grande Beach N_ Bu telmson Island, LLC Age Characteristics Seniors (over 65 years) are a dominant age group in St. Lucie County. This group comprises over 23 percent of the total population countywide and is projected to increase to 24 percent by 2010. Seniors represent a far greater proportion of the total population on North Hutchinson Island, comprising 53 percent currently. However, whereas the County's relative proportion of seniors is projected to increase in the near term (5 years), North Hutchinson Island's relative proportion of seniors is projected to decrease slightly within the next 5 years to 51%, reflective of a recent trend toward younger residents moving into residential developments on the Island. Age (Seniors - Percent/% of Total Population) Area/Year 2000 2005 2010 St. Lucie County 22.8 232 25.0 N. Hutchinson Island 51.8 53.4 51.1 Median Age Area/Year 2000 2005 2010 St. Lucie County 42.0 43.5 45.9 N. Hutchinson Island 63.3 64.9 66.5 Income As evidenced by the income statistics in the tables below, household income is greater for residents of Hutchinson Island than is the case countywide. Median household income is approximately 14% greater for residents of Hutchinson Island than for residents of the County as a whole, while average household income is approximately 31 % greater for residents of Hutchinson Island than for residents of the County as a whole. In addition, both the median and average household incomes of Hutchinson Island residents are projected to increase at a greater rate to the year 2010 than is projected for households countywide. Median Household Income ($) Area/Year 2000 2005 2010 St. Lucie County 35,360 40,668 45,674 Hutchinson Island 40,172 46,309 53,299 Average Household Income (�) Area/Year 2000 2005 2010 St. Lucie County 46,566 54,724 63,046 Hutchinson Island 59,680 71,946 86,009 Household Interest, Dividends or Net Rental Income (% of Total) Area/Year 2003 St. Lucie County 36.7 Hutchinson Island 72.3 L,r• Commercial Analysis Trade Area The commercial space that develops at the subject site will capture a share of purchasing power in North Hutchinson Island. By comparison to St. Lucie County as a whole, a greater proportion of North Hutchinson Island's residents live elsewhere more months per year than do the residents of St. Lucie County. According to a variety of sources, including Property Appraiser ownership records, nearly 50% of owners of North Hutchinson Island residences claim their primary homestead elsewhere. Expenditures for commercial goods and services are lessened by the seasonal nature of the resident population of North Hutchinson Island. Some of this loss is made up from tourists who rent condominium units from the owners who are not using their units at any given time. However, given the seasonal nature of the population on the island, commercial retail uses are generally limited to those of a convenience nature, such as small convenience/grocery stores, gas stations, restaurants, beauty/nail salons, etc_ In addition, a couple of small, service -oriented offices (real estate) are found on A1A. The balance of the commercial retail and office needs of residents and tourists are satisfied by existing opportunities located on the mainland, particularly along US 1 (i.e., supermarket, clothes, furniture, etc.). As indicated in the Introduction, the types of commercial uses that locate on barrier islands do not generally attract shoppers from the mainland. Conversely, to satisfy more than their convenience needs, residents of barrier islands must venture onto the mainland_ Supply is addressed by estimating existing commercial retail space from data collected through field research on the barrier island, as well as on the mainland near the bridges providing access to and from North Hutchinson Island. Grande Beach N. Hutchnnon Island, LLC 5 Retail Demand Estimates and projections of demand for commercial retail uses generated from residents of North Hutchinson Island are presented in the Technical Appendix. Supportable space estimates were prepared using 2000, 2005 and 2010 population estimates and projection of 3,135, 4,097 and 4,502, respectively. As indicated earlier in the report, those -retail categories which are generally supportable on barrier islands include eating/drinking facilities, convenience food, pharmacy and sundry items and gasoline services, with the balance fulfilled on the mainland. North Hutchinson Island is no exception. The lion's share of expenditures for retail and goods and services made by residents of North Hutchinson Island are made on the mainland. The main reason for this is related to locational decisions on the part of retailers. They seek locations which are centrally located to the population base which they serve, maximizing their accessibility to customers coming from every direction. Like all barrier islands located on the Atlantic Ocean, North Hutchinson Island has no population base to the east and limited population base on the island, Retailers recognize that the large population base is on the mainland and locate to maximize their capture of the available customer base in a given area. Retailers also .understand that the general disposition of mainland residents is to avail themselves of goods and services which are readily accessible, located in close proximity to their place of residence. For the above reasons, retail stores in the General Merchandise, Apparel, Furniture/Appliance/Electronics, Lumber/Hardware, Automotive/Repair, Cinema/Admissions, and the Food category (large chain supermarkets and supercenters which include grocery lines) locate on the mainland. Retailers recognize that the resident population on the barrier island will come to their establishments even though they do not locate their stores on the barrier island because: 1) The barrier island population base is not sufficient to fully support their stores, and 2) The barrier population base will travel to the mainland to meet their retail goods and services needs beyond those of a convenience nature which can be filled on the barrier island, while the reverse is not the case - the mainland population base expects to meet their retail goods and services needs on "the mainland and are averse to traveling the bridges/causeways to the barrier island to shop. From retail demand data presented in the Technical Appendix, it is estimated that approximately 11,000 square feet of convenience commercial retail space are supportable by residents of North Hutchinson currently. Convenience commercial space includes gas station/convenience stores, eating/drinking establishments, personal care establishments, pharmacy/sundries/gifts and non -retail service oriented space such as real estate offices. Grande Beach N. Hutchinson Island, LLC Supply/Demand Comparison While our supply survey indicates that there is more than sufficient space associated with the convenience commercial categories referenced in the preceding Demand section, particularly along US 1 and the bridge areas east to the beaches, there is limited convenience -oriented space currently existing on the St. Lucie portion of North Hutchinson Island. (Ref: Technical Appendix) By contrast, that portion of the barrier island located in Indian River County cumenty accommodates a greater amount of convenience commercial space and likely draws, in part, from all residents living on North Hutchinson Island, particularly from those living in the northern reaches of the St. Lucie County portion of North Hutchinson Island. Given the amount of convenience commercial space offered on the mainland in the vicinity of the bridges as well as on the barrier island in Indian River County, North Hutchinson Island market support (demand) for space located on the island is deemed sufficient to justify from 5,000-10,000 square feet of convenience commercial space. This space can be accommodated in a new, well - maintained commercial complement on the subject site which is marketed to a moderately priced restaurant that serves breakfast, lunch and dinner or possibly two restaurants (one which serves breakfast and lunch and one which serves dinner and drinks). In addition, a small convenience store which offers goods to serve the day-to-day convenience needs of residents and tourists staying on the island, who would otherwise be forced to the mainland to obtain these items is also recommended. The table below provides a summary of supply/demand statistics for North Hutchinson Island currently and by the year 2010. 2005 2010 Total Demand (sq. ft.) 11,000 14,000 Total Existing Supply (sq. fL) 6,000 6,000 Additional Supply Supportable (sq. M) 5,000 8,000 While the subject site of 9.5 acres could yield more than the recommended 5,000-10,000 square feet of convenience commercial space, the non -convenience commercial retail and office service needs of the resident population of North Hutchinson island are currently met and will continue to be met, by establishments located on the mainland. North Hutchinson Island is a sub -market of larger primary and secondary trade areas, which include chain stores and restaurants that do not generally k>cate on barrier islands, where access from the largest population base they serve, is exclusively from bridges. In addition, the immediately proximate population (barrier island residents), includes a large complement of seasonal residents. Grande Beach N. Hutchinson Island, LLC GENERAL LIMITING CONDITIONS Every effort has been made to insure this report contains the most accurate and timely information possible, which is believed to be reliable. However, no responsibility is assumed for inaccuracies in reporting by developer, developer's agents or any other sources. Contractual obligations do not include access to or ownership transfer of any electronic data processing flies, programs or models completed directly for or as a by-product of this research effort. This report may not be used for any purpose other than for which it is prepared, except by owneddevelopen Possession of this report does not carry with it the right of publication and its contents shall not be disseminated to the public through advertising media, sales media, or any other public means of communication without prior written consent and approval of Thompson Consulting, Inc. Grande Beach N. Hutchinson Island, LLC TECHNICAL APPENDIX MARINA DRIVE/A1A TRACT (N_ Hutchinson Island) August 2005 Grande Beach N. Hutchinsm island, LLC Retail Space Demand (N. Hutch. Island - 2000, 2005 and 2010 Estimates/Projections) ------------------------------------------------------------------ ESTIMATE OF SUPPORTABLE RETAIL SPACE GENERATED BY SPENDING PATTERNS 2000 2005 2010 Retail Category Demand/ Estim. Estim. Estim. Capita (s.f.) Demand (s.f.) Demand (s.f.) Demand (s.f.) Food 6.64 20,816 27,204 29,893 Eating/Drinking 2.63 8,245 10,775 11,840 Gen't Mdse. 29.51 92,514 120,902 132,854 Apparel 0.32 1,003 1,311 1,441 FumJApp11 Electronics 1.30 4,076 5,326 5,853 Lumber] Hardware 5.95 18,653 24,377 26,787 Automotive 1.86 5,831 7,620 8,374 GastService 0.43 1,348 1,762 1,936 Cinema/Admissions 2.63 8,245 10,775 11,840 Other Z34 7,336 9,587 10,535 TOTAL 63.61 168,067 219,09 241,363 Classifications are comprised of the following retail categories: FOOD: Grocery confectionery, sundriese; meat marks; po Y, seafood dealers; vegetablms ruils; bakeries delicatessens; candy; EATINGIDRINIC1NG: Restarartts; kinchmoms; catering services; tavems; right dubs; bars and liquor stores GENERAL MERCHANDISE: Discount dept 8 dept. stores; variety stores; dry goods; pharmacy FURNfTURElAPPLIANCES: Furniture stares (new and stores; radio, used); hots ; dinnenrrare, etc.; truusic television, record/CD shops and electronic; computer supplies LUMOER/HARDMIARE: Hardware, Paints, light nay gyp; bicycle shops AUTOMOTIVE: Auto accessories, tires, parts; auto Ate; servicelrepair, etc. CINEMA/ADMISSIONS: Moyle theaters; arcades, etc OTHER: Second hand stores; antique shops; : oreb fic:e equipment; dour stores; barber/beau ty shops; cosmetics; gyms; p cards, cleartingllaundures; Photo & dr tobacco shops; #mists; gifts; cards; rKm*, hobby, stationery 8 toy storm;magazines, book Itmes; dry equipment and supplies; art gafferies, etc. Source: Retail sales and use tax business mo Universityons: Florida Department of Revenue; Bureau of Economic and Business Research, of Florida (year end reW sales for SL Lucie �9 Power, Safes and Mark : and Cents of Shoppug Gaolers. the Urban Lard tnstitule; survey of ebng Marrasa+nenf: Thompson ConsulsuNtiNVrg, trrc. 9 Grande Beach N. 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Prepared by: Houston Cuozzo Group, Inc. Grande Beach Prepared by: Houston Cuozzo Group, Inc. Thompson Consulting Inc. Urban Planning Market & Economic Analysis Governmental & Zoning Approvals Resume NAME: Carol A. Thompson ADDRESS: P.O. Box 1010, W.P. Beach, FL 33402-1010/ 807 Ardmore Road., West Palm Beach, FL 33401 PHONE: (561) 659-6068 EDUCATION: July, 1984 Real Estate Development Course Work Harvard University (Office of Special Programs) June, 1978 M.U.P. Master of Urban Planning (Specialization in urban/regional economics) School of Architecture and Urban Planning University of Wisconsin May, 1975 B.A. Liberal Arts and Sciences University of Illinois EXPERIENCE: July, 1987 to present Thompson Consulting, Inc_ President (development potential and demographic research and analysis; market/economic/fiscal analyses; real estate research; urban planning; governmental/zoning approvals; litigation support) 1981 - July, 1987 Urban Design Studio Senior Project Director (directed market/economicifiscal, development potential and demographic research and analyses function); authorized agent/project director for projects requiring comprehensive plan and zoning actions for approval; Prepared amendments to comprehensive .plans/codes/ordinances) 197" 1 Planning, Zoning and Bldg. Department (P.B. Co.) Planner and Research Specialist 1978-79 Broward County Health Planning and Devel. Council Planner P.O. Box 1010 West Palm Beach, FL 33402 561-659-6068 FAX:561-659-7845 PAGE TWO THOMPSON RESUME CERTIF.: AICP - American Institute of Certified Planners (Instructor - AICP exam. prep. - (1999) Certified Expert: 15th Judicial Circuit P.B. Co. ASSOC.: APA - American Planning Association Palm Beach County Economic Forum Palm Beach Co. Commercial Needs Assessment Steering Committee West Palm Beach Mass Transit Committee W. Palm Beach Downtown Development Auth. Committees Executive Women of the Palm Beaches Palm Beach County Planning Congress (Board of Directors) Flamingo Park Neighborhood Association Thompson Consulting Inc. Urban Planning Market & Economic Analysis Governmental & Zoning Approvals Corporate Profile Thompson Consulting, Inc. is a consulting firm founded in 1987, which offers research and analysis services to the development community, as well as government. Our corporate services include residential, commercial -retail, office, industrial and transient commercial/notel market analyses; fiscal and economic impact analyses; land use development potential and socio-demographic survey research and analysis; governmental approvals; and litigation support (expert witness testimony). Our client list includes Palm Beach County Government, Florida Department of Transportation, South Florida Water Management District, Treasure Coast Regional Planning Council, and many municipal jurisdictions in the Treasure Coast area. In addition, private clients include county based firms such as The Goodman Company, Flagler Realty and Development (V1/_G. Lassiter & Patrick Koenig), Hardrives Company (George Elmore) and DiVosta Companies (Charles Hathaway/Richard Green). In addition, our client list includes southeast Florida firms such as The Dickerson Group, Crocker and Company and Ranger Construction, national firms such as Wal-Mart, Home Depot and Perini America Partners, and international firms such as Flag Development. Ms. Thompson, president of the company, has her master's degree in Urban and Regional Planning with an economics specialization, and has first hand knowledge of the Florida marketplace, having been a resident and practicing professional in the state for the past 25 years. She was a member of the West Palm Beach Codes Enforcement Board for 7 years (2 years as Chairman)_ She has been a member of the American Institute of Certified Planners (AICP) for 21 years and has taught the portions of the AICP professional examination which cover statistical analysis (emphasizing economic and fiscal impact analysis.) P.O. Box 1010 West Palm Beach, FL 33402 561-659-6068 FAX:561-659-7845 Client List - Thompson Consulting, Inc. (Representative List -not all inclusive) Wal-Mart Corporation Home Depot Corporation Lowe's Companies, Inc. J.M. Rubin Foundation Ranger Construction Flagler Realty and Development Halvorsen Development The Goodman Company Dickerson Group Hardrives, Inc. Perini Land and Development Trump Holdings Perini America Partners DiVosta Companies Brisben Companies Flag Development Lennar Homes Ocean Properties Mecca Farms Mazzoni Farms Callery Judge Grove Royal Professional Builders Oriole Homes Mobil Land Development Crocker and Company Southeast Centers Mayflower Development Corporation Fisher, Gaeta, Cromwell Corporation Great Southern Bank Fidelity Federal Savings Bank Palm Beach County Town of Jupiter, Florida City of Port St. Lucie, Florida City of Delray Beach, Florida Treasure Coast Regional Planning Council Town of Mangonia Park, Florida South Florida Water Management District State of Florida (Department of Transportation) State of Florida (Attomey General's Office) City of Pahokee, Florida City of South Bay, Florida City of West Palm Beach, Florida Thomason Consulting Inc (TCI) - Carol Thompson President Selected Project Experience - DRIs• Future Land Use Atlas (FLUA) Amendments Fiscal/Economic Impact Analyses, Affordable Housing Analyses Future Land Use Atlas Amendments: • Mission Lakes/Market (supply/demand) analysis submitted to the Palm Beach County Planning Division in conjunction with an application to amend the FLUA from LR-2 to CU2 on two separate parcels (to be combined in development) totaling 24.54 acres, located on the east side of S. R. 7, just north of Lantana Road_ Project was prepared for George Elmore, Trustee Arbolata Townhomes/Market (supply/demand) analysis submitted to the City of Boynton Beach Planning Department in conjunction with an application to amend the FLUA from Industrial (1) to High Density Residential (HDR) on approximately 16 acres, located on the southeast comer of South Congress Avenue and Southwest 351h Avenue. Project was prepared for William Wietsma Co., Inc. (in conjunction with George Elmore and William R. Boose, III Pierson Road Mixed Use/Market (supply/demand) analysis submitted to the Village of Wellington Planning and Zoning Department in conjunction with an application to amend the FLUA from LR 2 in Palm Beach County to Community Commercial (CC) on approximately 30 acres and Residential E on approximately 37 acres, with a concurrent annexation into the Village of Wellington from unincorporated Palm Beach County. The subject tracts are located at the southwest comer of Pierson Road and S.R. 7. Project was prepared for Karl Corporation. Boynton/Tumpike Mixed Use/Market (supply/demand) analysis submitted to the Palm Beach County Planning Division in conjunction with an application to amend the FLUA from AR to MUPD on 60 acres (including commercial retail, office, industrial and residential use), located at the southeast quadrant of Boynton Beach Boulevard and Florida's Tumpike. Project was prepared for Karl Corporation DRIs (inclusive of FLUA amendment, rezoning petition, annexation request): Palm Beach County Biotechnology Research Park (Scripps/Mecca Tract)/Market (demonstrated need), fiscal, economic and affordable housing analyses for a 1900 acre tract in the approval process at the present time. The subject site is located on the east side of Seminole Pratt Whitney Road, north of Northlake Boulevard in unincorporated Palm Beach County_ • Brevard Crossings/Fiscal, economic and affordable housing analyses for a 269 acre tract approved for a multi -use development (regional mall, peripheral community scale commercial, office and tourist commercial land uses). The subject site is located at the southeast quadrant of Interstate 95 and State Road 524, in Brevard County, Florida (annexed into the City of Cocoa)_ • Palm Beach Park of Commerce/Market, fiscal and economic analyses for a 1,247 acre industrial park. The subject site is located in northwestern Palm Beach County on Beeline Highway. • LTC Ranch/Market, fiscal, economic and affordable housing analyses (jobs/housing balance study) for a 2,400 acre project (including residential, retail, office and industrial development. The subject site is located at the southwest (w/a portion at the southeast) quadrant of Interstate 95 and Midway Road in St. Lucie County, Florida. • Royal Palm Mall/Market, fiscal, economic and affordable housing analyses (jobs/housing balance study) for a 193 acre project, located at the northwest comer of S.R. 80 and S.R. 7 in the Village of Royal Palm Beach, Florida. Page 2 TCI - Selected Project Experience - DRIs; Future Land Use Atlas (FLUA) Amendments• Fiscal/Economic Impact Analyses; Affordable Housing Analyses DRIs (only) • Seawind/Consultant for the Treasure Coast Regional Planning Council; Reviewed economic and fiscal impact analyses submitted for the 6,400 acre Seawind DRI project (including residential, retail, office, industrial and institutional development), located in south central Martin County, Florida. Abacoa/Consultant for the Town of Jupiter, Reviewed market analysis, fiscal/economic impact analyses and housing data (affordability) relative to jobs/housing balance (including institutional needs associated therewith - covering recreation, schools, libraries, etc.) submitted in the ADA for this DRI development in Jupiter, Florida. Market/Fiscal/Economic impact analysis: • Papillion Gardens/Prepared fiscal and economic impact analyses for a proposed regional mall outside of Omaha, Nebraska • Okee SquarelMarket, fiscal and economic analyses for a 10 acre commercial retail project located at the northeast comer of Okeechobee Blvd. and Chillingworth Dr. in West Palm Beach, Florida • Martin Trading TractlMarket, fiscal and economic analyses for a 9 acre retail project in Martin County, Florida, located on the east side of U.S. 1, across from the Treasure Coast Regional Mall in Jensen Beach_ • Hardrives IndustiriaVlndustrial market, fiscal and economic impact analyses of a 50 acre parcel located on Port Road (southeast quadrant of Blue Heron Blvd. and 1-95) in Riviera Beach, Florida. • Dickerson Group Tract[Fiscal and economic impact analyses of a 43 acre parcel (commercial office/retail/restaurant and marina, as well as single family residential Project) located on the east and west sides of Indian River Drive (fronting the Intra coastal Waterway in unincorporated Martin County, Florida. • CityPlace/Fiscal and economic impact analyses of the CityPiace redevelopment project located in West Palm Beach, Florida_ • City of Pt. St. Luci!e/Port St_ Lucie Non -Residential Land Use Demand Assessment (commercial retail, office, industrial and institutional demand assessment and fiscal impact analysis, citywide) prepared for the Planning and Zoning Dept. • Catalfumo Legacy Place/Economic (permanent year round employment) and affordable housing analysis of the Legacy Place project located in Palm Beach Gardens, Florida, for purposes of complying with requirements of the Florida Department of Community Affairs (relative to obtaining a binding letter of determination as to whether the project was a DRI. • Convention Center (West Palm Beach)/Economic consultant for the City of West Palm Beach in its RFP submission and presentations to the Convention Center Site Selection Committee and the Board of County Commissioners (in conjunction with Robert Sanders, William R. Boose and Kieran Kikiay) for property located on the south side of Okeechobee Boulevard, across from CityPlace in West Palm Beach, Florida. Page 3 TCI - Selected Project Experience - DRIs- Future Land Use Atlas (FLUA) Amendments; Fiscal/Economic Impact Analyses; Affordable Housing Analyses • West Palm Beach Auditorium/Prepared fiscal and economic impact analyses related to the anticipated redevelopment of the Auditorium and Spring Training facility site at the time it was to be sold to the Jehovah's Witnesses (redevelopment concept included non- residential as well as residential land uses). • Trump International Golf Club/Fiscal and economic analyses of the golf club located in Palm Beach County, Florida. This analysis examined the existing 18 hole golf facility and the impacts of a proposed 9 hole expansion which accommodated a "staging" area during major PGA golf events planned at the club. The Strand/Fiscal and economic impact analyses of a rental project (inclusive of retail uses on ground floor) located on the west side of Narcissus Avenue, between Evemia Street and Datura Street in West Palm Beach, Florida. Affordable Housing Analyses: • Glades Area Tract/Low and Moderate Income Housing Market Study - Glades area of Palm Beach County (including development potential of a 56 acre tract located on the east side of S.R. 13 (U.S. 441), south of Pahokee, Florida. • Affordable Housing Study/Affordable housing supply/demand study for the entirety of Palm Beach County, Florida. The county was divided into seventeen (17) housing sector study areas (years 1994 and 2000). This study is regularly used by the Housing and Community Development Department [in determining funding for various projects, as well as in fulfilling reporting requirements to the Federal Department of Housing and urban Development (HUD)]; and the Planning, Zoning and Building Department in determining where and when to grant 'voluntary density bonuses" to residential projects which include a complement of affordable housing in order to achieve geographic dispersal of affordable units. City of South Bay/Market study for a 140 unit single family affordable housing subdivision, located on Rods Road in South Bay, Florida. Pompano Community Development Corporation/Housing market feasibility study for 100 very low and low income single family units on 23 acres, located between Martin Luther King, Jr_ Boulevard (Hammondvilie Road) and NW 15"' Street, east of Poweriine Road in western Pompano Beach, Florida_ Palm Beach County Housing Partnership/Affordable single family housing market analyses of a 10 acre project located on Lilac Street in Palm Beach Gardens, Florida_ Note: In addition to the above referenced projects, many other projects in St. Lucie, Martin, Palm Beach, Broward and Dade Counties (as well as out of state) have been completed by Thompson Consulting, Inc_, with Carol Thompson as project manager. References (Carol Thompson) William R. Boose, III Boose, Casey, Ciklin, et. al. 515 N. Flagler Drive, 19t' Floor West Palm Beach, Florida 33401 Telephone: (561) 832-5900 Facsimile (561) 833-4209 George T. Elmore Hardrives, Inc. 2101 S. Congress Avenue Delray Beach, Florida 33455 Telephone: (561) 278-2456 Facsimile (561) 278-2147 Herbert Kahlert Karl Corporation 500 Australian Avenue, Suite 710 West Palm Beach, Florida 33401 Telephone: (561) 689-3738 Facsimile (561) 689-8380 Michael Busha Treasure Coast Regional Planning Council 301 E. Ocean Boulevard, Suite 300 Stuart, Florida 34994 Telephone: (772) 221-4060 Facsimile: (772) 221-4067 Susan Miller Palm Beach County Planning Division 100 Australian Avenue, 5t' Floor West Palm Beach, Florida 33406 Telephone: (561) 233-5300 Facsimile (561) 233-5365 Robert Sanders, of counsel Greenburg, Traurig, et. al. 777 S. Flagler Drive, Suite 300 East West Palm Beach, Florida 33401 Telephone: (561) 650-7900 Facsimile: (561) 655-6222 Rett Waldman Lennar Homes, Inc. South Florida Land Division 1015 N. SR 7, Suite C Royal Palm Beach, FL 33411 Telephone: (561) 333-4700 (Ext. 170) Facsimile: (561) 333-2474 References (Carol Thompson) William R. Boose, 111 Boose, Casey, Ciklin, et. al. 515 N. Flagler Drive, 1 e Floor West Palm Beach, Florida 33401 Telephone: (561) 832-5900 Facsimile (561) 833-4209 George T. Elmore Hardrives, Inc. 2101 S. Congress Avenue Delray Beach, Florida 33455 Telephone: (561) 278-2456 Facsimile (561) 278-2147 Herbert Kahlert Karl Corporation 500 Australian Avenue, Suite 710 West Palm Beach, Florida 33401 Telephone: (561) 689-3738 Facsimile (561) 689-8380 Michael Busha Treasure Coast Regional Planning Council 301 E. Ocean Boulevard, Suite 300 Stuart, Florida 34994 Telephone: (772) 221-4060 Facsimile: (772) 221-4067 Susan Miller Palm Beach County Planning Division 100 Australian Avenue, 5tt' Floor West Palm Beach, Florida 33406 Telephone: (561) 233-5300 Facsimile (561) 233-5365 Robert Sanders, of counsel Greenburg, Traurig, et. al. 777 S. Flagler Drive, Suite 300 East West Palm Beach, Florida 33401 Telephone: (561) 650-7900 Facsimile: (561) 655-6222 Rett Waldman Lennar Homes, Inc. South Florida Land Division 1015 N. SR 7, Suite C Royal Palm Beach, FL 33411 Telephone: (561) 333-4700 (Ext. 170) Facsimile: (561) 333-2474 TRAFFIC IMPACT STATEMENT For GRANDE BEACH North Hutchinson Island In St. Lucie County Prepared for The Marstin Group Prepared By Culpepper & Terpening, Inc. 2980 South 25th Street Ft. Pierce, Ff., 34981 June 2005 (Updated December 2005) APR 0 7 2006 Grande Beach Development — Traffic Impact Study Table of Contents Tableof Contents.......................................................................................................................................... 1 ProjectDescription....................................................................................................................................... Figure 1 (Location Map and Study Area) 2 ......................................... Study Methodology ............................... ..................................... .................... 3 4 Existing Traffic Conditions ..................................... ...................................................... 6 Trip Generation ...................... 6 Trip Distribution............................................................... ...................................................... 7 CapacityAnalysis................................................................................................................................... 10 Intersection Analysis ................................. ... 12 Conclusion.......................................................................................................................... ......................... 14 References.............................................................. .. 15 AppendixA ................................. ..... 16 AppendixB.................................................................................................................................................. 17 AppendixC......................................................................................................... ..18 Page 1 P:\Proj-2005\05-136 Grande Beach (Ref. 404-127)\Traffic\grandebeachTIS.doc Grande Beach Development — Traffic Impact Study Project Description The proposed project, Grande Beach, is located along State Road A-1-A at the northwest corner of the intersection of State Road A-1-A and Marina Drive on North Hutchinson Island. This is a highly developed area in St. Lucie County, Florida (See Figure No. 1, Location Map). The site contains approximately 9.12 Acres of commercially zoned land (CG). The project has approximately 720' frontage along State Road A-l-A and is located at Section 25, Township 34 South, Range 40 East, St. Lucie County, Florida. Grande Beach is a proposed mixed -use project consisting of 82 residential condominium units; 9,000 square feet of commercial space; and 1,000 square feet of office space. In developing the Scope and Methodology of this report, it was determined that the impacts of project development will be analyzed in the 2006 build -out condition. Page 2 P:\Proj-2005\05-136 Grande Beach (Ref #04-127)\Traffic\grandeb achTIS.doc i t INDIAN RIVER COUNTY SITE 5 LOCATION A1A 91 ANGLE ROAD e �A i 68 n O U WARD i �2 OKEEgiDBEE 712 AD O 0 w W y m O 2 U W W �L o 1 A1A 5 Si. LLU BLVD. v�j ❑ 91 709 0 MARTIN COUNTY REV 10-14-95 6-10-05 05-136TR.DWG CONSULTING ENGINEERS TCULPEPPER & LAND SURVEYORS en2980 SOUTH 25th STREET TERPENINGINC. FORT PIERCE, FLORIDA 34981 (772) 464-3537 FIGURE 1 GRANDE BEACH LOCATION MAP Grande Beach Development — Traffic Impact Study Study Methodology Section A — Definition of Study Area The study area as defined by the St. Lucie Land Development Code, Section 11.02.09.9B shall be a two (2) mile radius of the site, which includes all major roadways and intersections within the zone of influence. The study area shall include the following intersection: State Road A-1-A, Atlantic Beach Boulevard, and Shorewinds Drive Section B — Inventory of Existing Facilities Roadways: State Road A-1-A State Road A-1-A enters the studied intersection from the west and exists to the north. The portion of State Road A-1-A located in the study area and to the west of the studied intersection consists of a 2-lane undivided roadway section containing one (1) 12' lane eastbound and one (1) 12' lane westbound. An additional right only turn lane is located in the eastbound direction of the studied intersection. The portion of State Road A-1-A located in the study area and to the north of the studied intersection consists of a 2-lane undivided highway with a constant center turn lane. A right only turn lane is located in the southbound entrance to the studied intersection. The existing right-of-way of State Road A-1-A within the study area is 100' in width. The State Road A-1-A Corridor is classified as a state -two way arterial — uninterrupted flow, and is under the jurisdiction of St. Lucie County. State Road A-1-A currently operates at LOS's C which are based upon the Average Daily Volume applied to the generalized daily Level of Service maximum volumes for the Florida FDOT 2002 Quality / Level of Service Handbook as shown on Table 4-1 and upon the Spring 2005 Traffic Volumes as established by the St. Lucie Urban Area MPO. Page 4 PAProj-2005\05-136 Grande Beach (Ref #04-127)\Traffic\grandebeachT[S.doc TABLE 4 - 1 GENERALIZED ANNUAL AVERAGE DAILY VOLUMES FOR FLORIDA'S URBANIZED AREAS` UNINTERRUPTED FLOW HIGHWAYS Level of Service Lanes Divided A B C D 2 Undivided 2,000 7,000 13,800 19,600 4 Divided 20,400 33,000 47,800 61,8W 6 Divided 30,500 49,5W 71,600 92,700 E 27,0D0 70,200 105.400 FREEWAYS interchange spacing> 2 mi. apart Level of Service Lanes A B C D E 4 23,800 39,600 55,200 67,100 74.600 6 36,900 61,100 85.300 103.600 115,300 8 49,900 82,700 115,300 140,200 156,000 STATE TWO-WAY ARTERIALS Class I (>0.00 to 1.99 signalized intersections per mile) 10 63,000 104,200 145,500 176.900 196,400 Level of Service 12 75,900 125,800 175,500 213,500 237,100 Lanes Divided A B C D E 2 Undivided "` 4,200 13,800 16.400 16,900 interchange spacing < 2 mi. apart 4 Divided 4,900 29,300 34,700 35,700 •ss Level of Service 6 Divided 7,300 8 Divided 9,400 44,700 52,100 53,500 58,000 66,100 67,800 s'• 1-00 Lanes A B C D E 4 22,000 36,000 52,000 67,200 76,500 6 34,800 56,5W 81,700 105,800 120,200 Class U (2.00 to 4.50 signalized intersections per mile) 8 47,500 77,000 111,400 144.300 163,900 Level of Service 10 60,200 97,500 141,200 192,600 207,600 Lames Divided A B C D E 12 72,900 118,100 170,900 221,100 251,200 2 Undivided '" 1,900 11,200 15,400 16,300 4 Divided " 4,100 26,000 32,700 34,500 6 Divided •` 8 Divided "` 6,500 40,300 49,200 8,500 53,300 63,900 51,8D0 67,0D0 BICYCLE MODE (Note: Level of service for the bicycle mode in this table is based on roadway geomchics at 40 mph posted speed and traffic conditions, sot number of bicyclists Class III (more than 4S signalized intersections per mile and not using the facility.) (Multiply motorized vehicle volumes shown below by number two-way rt>a: mum service vohnncs.) within primary city central business district of sun of directional roadway lanes to determine urbanized area over 750,000) Paved Shoulder/ Level of Service Bicycle Lane Level of Service Lanes Divided A 2 Undivided ss B C D s« 5,300 12.600 E 15,500 Coverage A B C D E 049% '" " 3,200 13,800 >13,8W sss 4 Divided s« ss 12,400 Z8,900 32,800 50-84'/a •• .2,500 4,100 >4,100 7,2M >72W sss .ss 6 Divided *• :s 19_5W 44,700 49,300 85-100% 3,100 8 Divided •• •' 25,800 59,700 63,800 PEDESTRIAN MODE Class TV (more than 4.5 signalized intersections per toile and within (Note- Level of service for the pedestrian mode in this table is based on roadway at 40 mph speed and traffic conditions, not number of pedestrians primary city central business district of an urbanized area geometries posted using the facility.) (Multiply motorized vehicle volumes shown below by number of over 750,000) hues to determine two-way maxiMUM service vohmxs.) Level of Service directional roadway Level of Service Lanes Divided A B C D E B C D E 2 Undivided ss «• 5,290 13.700 15,0DO SidervalkCoverage A s* ss •• 6,400 15,500 4 Divided s• rs 12,300 30,3W 31,700 0-494/9 ss s• `s 9,9D0 19,000 6 Divided ss 8 Divided .s ss 19,100 45,8D0 s« 25,900 59,900 47,600 62,200 50-94Ys 85-100'ti •• 2,200 11,300 >II,300 sss NON -STATE ROADWAYS BUS MODE (Sche&iled Fixed Route) Major City/County Roadways (Buses per hour) (H.fK Buses Pa b u[ Aiwa m oely for the remk My in 6e d-9% dksdrsu of err kLO" "C' flow.) Level of Service Level of Service Lances Divided 2 Undivided A B C •` `" 9,100 D 14,600 E 15,600 Sidewalk Coverage A B C D E 4 Divided " «' 21,400 31,100 32,900 0-84% s• >5 >4 >3 >2 >4 >3 >2 >1 6 Divided «e •• 33,400 46,900 49,300 85-10(r/. >6 ARTERIAIINON-STATE ROADWAY ADJUSTMENTS Other Signalized Roadways DIVIDED/1JNDIVIDED (alter corresponding volume by the indicated percent) (signalized intersection analysis) Level of Service Lanes Median Left Turns Lanes Atustment Factors Lanes Divided A B C D E 2 Divided Yes +Sys -29% 2 Undivided "4 s s 4,900 10,000 12,600 2 Undivided No -5% 4 Divided •' "• 11100 21,700 25,200 Multi Undivided Yes Mul ' Undivided No -25% Source: Florida DcpaRurent of Transportation 02R1/02 ° Systems Planning Office 605 Suwannee Street, MS 19 ONE-WAY FACILITIES Tallahassee, FL 32399-0450 Decrease convs;ponding two -directional volumes in this table by 40°/s to http://wwwl 1 rnyflorida.conVplanning/systeaW$nVbs/default.btm oWain the equivalent one directional volume for --WRY facilities. •Tbk tabk does aunt mosthw a smAnd sad ahowM be uwd utdy for V-Wd Phi Ti., � modek ions ,belt this cable is dared shouts be used foe nee weafir plums sppticaiow. Tk "Ie sad dedmg tssoputer modek Am" sot 6e wed for wni&w or iokneraiee do wk wbae user: wFo d bcin19ues es.ist Values dwwu tee tww-vra] moss, vvnp daily rulwa s cot k sass nod" sass, Waefote, (barwl onFv« faeces) for kvek of aesvloe and as far the eatoraobikMnek soodcs des aperiReaay aced, [sod of aervioe laUa D� Thsuholds are Psve•61t' eDwnPaab Ttr table's valse Cross nodal aoaPnkew sbw d be mask vrilk eswtnoo. PordMInote, oornbbting kvds of savior of diQwen and" kto ow ovens, soadaay kvel of service k aoa reoomeesded. kpnnt drfaatu and kvel of amvice eriksis appear ow sht foibwing page. Cakwow latiam based s0 plan og sppGcrieas of dw Hioway Capacity Manual. Bicycle LOS Model, Cedeseiae f.OS Model and Tramit Capacity and Quality of Smoke Maneel, mg,scsively for 6e automobikAnne74 6iryck, P A.&ian and bus re.d.. 'Ca umA br achieved using tabk input value deGaha. ties 4w Lew neacbed For bkyck aw • Not apphcabk for Ow keel oraervim hm r gradr. For aao obidkurk modes, voWmta vntertkan kvd srwvice D become F becw ime"cc im c@Pa pw.wian wwdm aw kwi efaery m kaor recta (i ckwins F) k not achievable. became throe k ao rrnutiauan vehicle volume *..hold using table wpd valwe defames. 85 Grande Beach Development — Traffic Impact Study Intersections: State Road A-1-A, Atlantic Beach Boulevard, and Shorewinds Drive The intersection is fully signalized. The intersection geometry is as follows: Northbound 1 Lane Left/Thru/Rt Eastbound 1 Lane Left/Thru 1 Lane Right Southbound 1 Lane Left/Thru Westbound 1 Lane Left/Thru/Rt 1 Lane Right Existing Traffic Conditions The Peak Season Average Daily Traffic Volume for the roadway of State Road A-1-A was obtained from the Spring 2005, St. Lucie Urban Area Metropolitan Planning Organization Counts. These counts include the committed trips for the roadway link. The counts for the roadway link is tabulated as follows: State Road A-1-A East of US No. 1 East of North Bridge North of Shorewinds Drive AADT & LOS Committed 6,900 vpd C 10,200 vpd C 6,500 vpd C Trip Generation The Trip Generation for the proposed Grande Beach project was developed by utilizing the "Institute of Transportation Engineers Trip Generation Manual, Seventh Edition". In developing the Trip Generation Rates, the ITE Manual was utilized for both the AADT volumes and the P.M. Peak Hour Movements. The following Tables have been provided to depict the Trip Generation Rates for this development. Table 1 depicts the 24-Hour Daily Volumes and Table II depicts the P.M. Peak Hour Volumes: The Land Use Codes 230 "Residential Condoiniriiuiri/Townhouse," Code 710 " General Office Building", and. 820 "Shopping Center" were determined the most appropriate descriptions of the project. A certain amount of pass -by and internal capture is anticipated due to the limited amount of non-residential development on North Hutchinson Island, however, this report will not consider pass -by or internal capture to insure that the non-residential component of the development is not limited in allowable use. Page 6 PAProj-2005\05-136 Grande Beach (Ref. #04-127)\Traffic\grmdebeachTIS.doc Grande Beach Development — Traffic Impact Study Trip Generation Table I Average Daily Volume Land Use Volume (ITE Code) Quant. Rate (Trips/Day) 230 82 Units (Ln(T) = 0.85Ln(X) + 2.55) 542 vpd I e(o.8 5 Ln(82)+2.55 )1 710 1,000 SF (Ln(T) = 0.77Ln(X) + 3.65) 38 vpd re(0.77Ln(1)+3.65)1 820 9,000 SF (Ln(T) = 0.65Ln(X) + 5.83) 1,420 vpd re(0.65Ln(9)+5.83)] Total New Daily Trips = 2,000 vpd Table II P.M. Peak Hour Volumes Land Use Volume (ITE Code) Quant. Rate In Out 230 82 Units T = 0.34(X) + 38.31 42 24 710 1,000 SF T = 1.49/1,000 SF 1 1 ** 820 9,000 SF (Ln(T) = 0.66 Ln(X) + 3.40) 61 67 *** Le(0.66Ln(9)+3.40)l Total New Peak Hour Trips = 104 vph 92 vph * Based upon a split of 64% entering and 36% exiting during the Peak Hour. ** Based upon a split of 17% entering and 83% exiting during the Peak Hour. *** Based upon a split of 48% entering and 52% exiting during the Peak Hour. Trip Distribution The Trip Distribution from the site onto local streets was derived based upon the surrounding developments as well as the existing Transportation Network. The Distribution onto the surrounding links was then derived and is portrayed as Figure No. 2. A summary of the Major Trip Assignments were estimated as follows: SR A-1-A North of Shorewinds Drive (N. of Site) 40% 800 vpd SR A-1-A North of Shorewinds Drive (S. of Site) 60% 1,200 vpd SRA-1-A East of North Bridge (W. of Studied intersection) 60% 1,200 vpd Page 7 PAProj-2005\05-136 Grande Beach (Ref.#04-127)\Traffic\grandebeachT1S.doc Grande Beach Development — Traffic Impact Study A complete trip assignment by percentage is shown in Figure No. 2 The Trip Assignments for the Peak Hour Movements were derived based upon the distributions and associated turning movements as shown in Figures No. 4 and 5. The Exit/Enter splits as well as the volumes are shown in Table II for the P.M. Peak Hour. The Assignments, based upon the directional movements were then made on the studied intersection and these volumes are also shown in Figure No. 4. Page 8 PAProj-2005\05-136 Grande Beach (Ref.k04-127)\Traffic\grandebeachTIS.doc C cn x x z 0 I.- REV 10-14-95 6-10-05 05-136 TR. D WG 4 60% NORM mm CONSULTING ENGINEERS CULPEPPER LAND SURVEYORS ci- 2980 SOUTH 25th STREET TERPENING,INC. FORT PIERCE, FLORIDA 34981 (772) 464-3537 GRANDE BEACH TRIP DISTRIBUTION BY PERCENT y Grande Beach Development — Traffic Impact Study Capacity Analysis Arterial Analysis: The Trip Assignment Volumes calculated in the previous sections were added to the existing volumes and background trips assigned to the roadway links within the study area. Volume distribution along SR A-1-A onto the surrounding links was then derived and is portrayed as Figure No. 3. Level of Service, Table 4-1, of the Florida FDOT 2002 Quality / Level of Service Handbook was used for both the existing (Pre -Development, including background) and Post -Development Levels of Service. The current AADT volumes were increased by 5% per year to achieve the pre -development 2006 volume estimates. The following is a summary of the results. Volume/L.O.S. Volume/L.O.S. Roadway Link Pre -Development Post -Development Estimated 2006 State Road A-1-A N. of Shorewinds Drive (N. of Site) 6,825/C 7,625/C N. of Shorewinds Drive (S. of Site) 6,825/C 8,025/C E. of N. Bridge (W. of site) 10,710/C 11,91O/C East of US No. 1 7,245/C 8,445/C Page 10 P:\Proj-2005\05-136 Grande Beach (Ref. #04-I27)\Traffic\grandebeachTlS.doc e zn x x a z 0 r ESTIMATE REV 10-14 6-10-05 05-13lcz-m ..� CONSULTING ENGINEERS CULPEPPER ac LAND SURVEYORS 2980 SOUTH 25th STREET TERPENING,INc. FORT PIERCE, FLORIDA 34981 (772) 464-3537 3 GRANDE BEACH TRIP DISTRIBUTION BY VOLUME (AADT) Grande Beach Development — Traffic Impact Study Intersection Analysis The project's major impact on intersecting roadways was analyzed for the peak traffic conditions for the PM Peak Hour of roadway traffic to determine what geometric lane configuration would be required to maintain an acceptable Level of Service. The Pre - Development and Post -Development turning movements for the intersection of State Road A-1-A, Atlantic Beach Boulevard, and Shorewinds Drive are depicted in Figure No. 4. The pre -development volumes are based upon traffic counts taken June 10, 2004, and then increased to the 2006 study year using an average of 5% growth per year. The following is a summary of the results of the Levels of Service for each approach and the overall intersection. A detailed analysis of each lane group in a graphical representation of the lane geometry for the studied intersection can be found in the attached Appendix A for the Pre -Development condition and Appendix B for the Post - Development Condition. A summary of the intersection capacity is a follows: State Road A-1-A, Atlantic Beach Boulevard, and Shorewinds Drive P.M. Peak Hour Approach Pre -Development Post -Development Northbound C C Southbound A A Eastbound A A Westbound C C Intersection A A Page 12 PAProj-2005\05-136 Grande Beach (Re[ #04-127)\Traffic\gr debeachTiS.doc } 240 15 2 51 0 0 291 15 2 4JV + k* STATE ROAD A-1-A 215 + 60 = 275 25+0=25 40 + 0 = 40 PRE -DEVELOPMENT VOLUME + DEVELOPMENT VOLUME TOTAL POST DEVELOPMENT VOLUME REV 10-14-95 6-10-05 05-136TR. DWG CONSULTING ENGINEERS CULPEPPER & LAND SURVEYORS 227 2960 SOUTH 25tn STREET TERPENING,INC. FORT PIERCE, FLORIDA 34991 (772) 464-3537 Zol 0 a w F F co **m f ir 23 + 0 = 23 2 + 0 = 2 SHOREWINDS DRIVE 26 11 0 _0 0 0 26 11 0 FIGURE 4 GRANDE BEACH P. M. PEAK HOUR MOVEMENTS • Grande Beach Development — Traffic Impact Study Conclusion The following summarizes the results of the analysis performed by our office, which reflect the anticipated impacts and Levels of Service by the development of Grande Beach mixed use development project. 1. The traffic impact of the proposed development will have a minimal effect on the Level -of -Service of State Road A-1-A with all links remaining at the current acceptable Level -of -Service. 2. The traffic impacts of the proposed development will have minimal effects on the level of service of the intersection of State Road A-1-A, Atlantic Beach Boulevard, and Shorewinds Drive. The intersection's overall level of service will remain at LOS A. Submitted By: efa tthes, P.E. Florid Reg. No. 38723 Page 14 P:\Proj-2005\05-136 Grande Beach (Ref.#04-127ffraffic\grandebeachT1S.doc Grande Beach Development — Traffic Impact References 1. State of Florida Department of Transportation, Quality/Level of Service Handbook, 2002. 2. Transportation Engineers, Trip Generation, Seventh Edition, 2003. 3. St. Lucie Urban Area Metropolitan Planning Organization Traffic Counts, Spring 2005. 4. HCS 2000 Highway Capacity Software. Page 15 P:\Proj-2005\05-136 Grande Beach (Ref. #04-127)\TrafFc\grandebeachTIS.doc Grande Beach Development — Traffic Impact Study Appendix A Capacity Analysis Pre -Development Page 16 P:\Proj-2005105-136 Grande Beach (Ref.#04-127)\TrafficlgrandebeachT[S.doc Full Report Pagel FULL REPORT General Information ite Information Analyst Agency or Co. skm St. Lucie County tersection Date Performed 6/10/05 rea Type tinnhic rime Period PM Peak Hour urisdiction isYear ntersection Geometry Grade = 0 i 1 0 Grade = 0 0 0 1 0 Grade = 0 SRA1A/Atl Bch Blvd/ShoreWDr. All other areas St. Lucie County 2006 0 1 0 Grade = 0 i Volume and riming_Input EB LT TH RT LT WB TH RT LT NB TH RT LT SB TH I RT olume (vph) 215 25 40 2 23 6 26 11 0 2 15 240 % Heavyveh 3 3 3 1 1 1 1 1 1 3 3 0 HF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 ctuated P/A P P P P P P P P P P P P tartu lost time 2.0 2.0 2.0 2.0 2.0 2.0 Ext. eff. green 2.0 2.0 2.0 2.6 2.0 2.0 rrival e 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 ed/Bike/RTOR Volume 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 arking (Y or N) N N N rN N N N N arking/hr us stops/hr 0 0 1 0 0 0 0 Ped timing 3.2 3.2 3.2 3.2 EB Only W Perm 03 04 NS Perm 06 07 08 Timing G= 33.4 = 5.6 G= kG G= G= 6.4 G= G= G= Y= 5 = 5 Y= Y= Y= 5 Y= Y= Y= Duration of Analysis hrs = 1.00 Cycle Length C = 60.4 file - Mr. -Mncnmentc%20ind0/n20RettinQs\smatthes.CTTN0Local %20Settinas\TEMP\s2k39. 6/10/2005 Keport Page .��. VOLUME ADJUSTMENT AND SATURATION FLOW RATE WORKSHEET ;eneral Information roject Description Grande Beach - Pre Development Condition olume Adjustment LT �Iume 215 EB TH 25 RT 40 LT 2 WB TH 23 RT 6 LT 26 NB TH 11 RT 0 LT 2 SB TH 15 RT 240 IF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 tj. Flow Rate 226 ne Group 26 LT 42 R 2 24 LTR 6 27 12 LTR 0 2 16 LT 253 R j. flow rate 252 42 32 39 18 253 fp. LT or RT 0.897 -- 0.000 0.063 — 0.188 .692 — .000 0.111 — 000 turation Flow Rate MM MMMMM MM mmmmmmmm MMMMMMMO �• • I • MMMMMMMM I'// IIf ff1 1/I i=ii=siavins 1,,,,QFecondary fi-T m7 off UMMMMMMMMMM file'//C _\Documents%20and%20Setti n as\smatthes.CTTNC\Local %20Settin L7s\TEMP\s2k3 9... 6/ l 0/2005 Full Report Page 3 of 3 CAPACITY AND LOS WORKSHEET General Information Project Description Grande Beach - Pre Development Condition -CaPacity Analysis EB WB NB SB Lane group LT R LTR LTR LT R dj. flow rate 252 42 32 39 18 253 atffow rate 1765 1568 1748 1472 1770 1615 Lost time 2.0 2.0 2.0 2.0 2.0 2.0 reen ratio 0.73 0.73 0.09 0.11 0.11 0.74 Lane group cap. 1166 1142 162 156 188 1198 /c ratio 0.22 0.04 0.20 0.25 0.10 0.21 Flow ratio 0.03 0.02 0.03 0.01 0.16 rit. lane group j N N Y Y N N um flow ratios 0 19 Last time/cycle 15.00 ritical v/c ratio 0.25 Lane Group Capacity, Control Delay, and LOS Detennination EB WB NB SB Lane group LT R LTR LTR LT R dj. flow rate 252 42 32 39 18 253 ane group cap. 1168 1142 162 156 188 1198 Ic ratio 0.22 0.04 0.20 0.25 0.10 0.21 reen ratio 0.73 0.73 0.09 0.11 0.11 0.74 nif. delay dl 2.6 2.3 25.3 24.8 24.4 2.4 elay factor k 0.50 0.50 0.50 0.50 0.50 0.50 ncrem. delay d2 0.4 0.1 2.7 3.8 1.0 0.4 F factor 1.000 1.000 1.000 1.000 1.000 1.000 ontrol delay 3.1 2.3 28.1 28.6 25.4 2.8 ane group LOS A A C C C A pprch. delay 3.0 28.1 28.6 4.3 pproach LOS A C C A ntersec. delay 6.4 Intersection LOS A HC.S ,,(N,TM Copyright ® 2000 University of Florida, All Rights Reserved Version 4.Ic file: HC ADocuments%20and%20Settin2s\smatthes.CTINCTocal%20Settinl?s\TEMP\s2k39... 6/ 10/2005 Grande Beach Development — Traffic Impact Study Appendix B Capacity Analysis Post -Development Page 17 P:\Proj-2005\05-136 Grande Reach (Ref. #04-127)\Traffic\grandebeachTlS.doc Keport Page 1 of 3 LT EB TH RT LT WB TH RT NB SB LT TH RT LT TH RT olume (vph) 275 25 40 2 23 6 26 11 0 2 15 291 % Heavyveh 5 5 5 5 5 5 5 5 5 5 5 5 PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 ctuated P/A p p p p p p p p p p p p tartu lost time 2.0 2.0 2.0 2.0 2.0 2.0 Ext. eff. green 2.0 2.0 2.0 2.0 2.0 2.0 ival t 3 3 3 3 3 3 Unit Extension 3.0 3.0 3.0 3.0 3.0 3.0 Ped/Bike/RTOR Volume 0 0 0 0 0 0 0 0 Lane Width 12.0 12.0 12.0 12.0 12.0 12.0 Parking (Y or N) N N N N N N N N Parking/hr Bus stops/hr 0 0 0 0 0 0 ed timing 3.2 3.2 3.2 3.2 EB Only EW Perm 03 04 NS Perm 06 07 08 iming G= k.9 IY= G= 6.1 G= G= G= 6.0 G= G IG= 5 IY= 5 Y= Y= IY= 5 Y= Y= IY= uration of Analysis hrs = 1.00 Cycle Length C = 60.0 file://C:\Documents%20and%20Settings\smatthes.CTINC\Local%20Settings\TEMP\s2k l ... 10/ 14/2005 Report Page VOLUME ADJUSTMENT AND SATURATION FLOW RATE WORKSHEET eneral Information roject Description Grande Beach. - Post Develop. Condition olume Adjustment EB WB LT TH RT LT TH RT NB SB LT TH RT LT TH RT Volume 275 25 40 2 23 6 26 11 0 2 15 291 PHF 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 0.95 %dj. Flow Rate 289 26 42 2 24 6 27 12 0 2 16 306 Lane Group LT R LTR LTR LT R dj. flow rate 315 42 32 39 18 306 Prop. LT or RT 0.917 -- 0.000 10.063 - E188 0.692 - 0.000 0.111 -- 0.000 Saturation Flow Rate Base satflow 1900 1900 1900 1900 1900 1900 Num. of lanes 0 1 1 0 1 0 0 1 0 0 1 1 1.000 1.000 1.000 1.000 1.000 1.000 HV fO. 952 0.952 �.952 .952 r952'10.952 9 1.000 1.000 1.000 1.000 p 1.000 1.000 1.000 1.000 1.000 1.000 b 1.000 1.000 1.000 1.000 1.000 1.000 a 1.00 1.00 1.00 1.00 U 1.00 1.00 1.00 1.00 1.00 1.00 T 0.956 - 0.951 - 0.782 0.957 - econdary IT 0.594 - -- -- - RT -- 1.000 0.850 r.975 -- 1.000 -- 1.000 0.850 pb 1.000 -- 1.000 - 1.000 - 1.000 - pb -- 1.000 1.000 -- 1.000 - 1.000 - 1.000 1.000 Adj. satflow 1730 1538 1677 1416 1732 1538 Sec. adj_ satflow 1075 -- -- -- - file://C:\Documents%20and%20Settings\smatthes.CTINC\Local%20Settings\TEMP\s2k l ... 10/14/2005 Report Page 3 of 3 CAPACITY AND LOS WORKSHEET General Information Project Description Grande Beach. - Post Develop. Condition Capacity Analysis EB WB NB SB ne group LT R LTR LTR LT R dj. flow rate 1315 42 32 39 18 1306 atflow rate 1730 1536 1677 1416 1 1732 11538 Lost time 12.0 2.0 2.0 2.0 2.0 12.0 reen ratio 10.73 0.73 0.10 0.10 0.10 0.73 Lane group cap. 1148 1128 170 142 173 1125 /c ratio a27 0.04 0.19 0.27 0.10 0.27 Flow ratio 0.03 0.02 10.03 0.01 0.20 rit. lane group N N y y N N um flow ratios 0.23 Lost time/cycle 15.00 ritical v/c ratio 0.30 Lane Group Capacity, Control Delay, and LOS Determination EB WB NB SB ane group LT R LTR LTR LT R dj. flow rate 315 42 32 39 18 306 ane group cap. 1148 1128 170 142 1173 1125 /c ratio 0.27 0.04 0.19 0.27 0.10 0.27 reen ratio 0.73 a73 0.10 0.10 0.10 0.73 nif. delay dl 2.7 2.2 24.7 25.0 24.6 2.7 elay factor k 0.50 0.50 0.50 0.50 0.50 10.50 Increm. delay d2 0.6 10.1 2.5 4.8 1.2 0.6 F factor 1.000 11.000 1.000 1.000 1.000 1.000 ontrol delay 3.3 2.3 27.1 29.8 25.6 3.3 ane group LOS A A C C C A pprch. delay 3.1 27.1 29.8 4.5 pproach LOS A C C A Intersec. delay 6.1 Intersection LOS A HCS2000T M Copyright 0 2000 University of Florida, Al! Rights Reserved Version 4.1 c file:HC:\Documents%20and%20 Settings\smatthes. CTINC\Local%20Settin2s\TEMP\s2k 1... l 0/ 14/2005 Grande Beach Development — Traffic Impact Study Appendix C Additional Traffic Data P:Troj-2005105-136 Grande Beach(RoEN04-127)\Tra}ic\6randebeachTIS.doc Page 18 UIwcn o!0 R! L) o Ulu 1 g L)uju o oc; to L) m!mlm U c.), ...... c' z� 01� of ... . ...... Fc U ..... U cj 8 41 Ulmi�!Lj 8 18 i 818 181 18 18 8 41 L 1,6 Q;v.m U Ulu 0 U Ulu! i5,6 8 '81 & fI9i Z 8 '6 12 i S i i in, r" MIN r4 �i .6 c5 4 c14 4 ....... . .. 6. .. . .. . ..... . .8... S; Sf-o o- *� - 1ioc 61 *a o S1Y2 2 -or! 22o-�S cl�� 04 22w cl� cp' ----------- ....... ...... .. ... ..... ....... ..... ... ...... ........... ..... w. Ro! o� c6 65 o i:Sf-c cn o v) gif E! ri _5 —o o INS c i o o o LLi 2� z lz LL) vi. 2 16 —o lz�vi —o —o vs vi -mv I a o o w o o o o lo o r o o I o o o lo lo O > o o o O O o o o o U U o 6 o aio o Ul F-U U o o o o ol L,;5 PA 05-008 Transmittal Master Checklist Primary Distribution Sent Received Environmental Resources Department, Vanessa Bessey X X Public Works, Don West X Surveyor — Ron Harris: X X Road, Bridge, & Transportation — Scott Herring: Stormwater Management — Chris Lestrange: General Engineering — Kyle Croce: Zoning Supervisor — Paula Bushby: Attorney. -Prop Acquisition — JOAtin kilev: Sheriff's Department — Major Monahan: St Lucie County Fire District - Captain Derek Foxx: St. Lucie County MPO Ft Pierce Farms/North St Lucie Water Control District - Ray Garcia: Property Appraiser's Office — Maurice Snyder: 1FAS — Jeffrey Gellermann: Residential Only School Board of St Lucie County — Marty Sanders: X X. Community Services (Transit) - Jody Bonet: Geoeraphical Based St Lucie County Utility Department — Airport Authority — Diana Lewis: City of Ft Pierce — Beach/Recor: City of Port St Lucie — Cheryl Friend: Ft Pierce Utilities Authority — David Mellert: Education and Research Authority — Jane Bachelor: Board of County Commissioners: May 2, 2006 File Number PA-05-008 GROWTH MANAGEMENT DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Larry Szynkowski, Senior Planner THROUGH: _.-. Robert Nix, Growth Management Director DATE: April 1.9, 2006 SUBJECT: Adoption of Grande Beach -North Hutchinson, LLC. - PA-05-008, a Small Scale Future Land Use Designation Change from COM (Commercial) to MXD (Mixed Use —Medium Intensity) Ordinance 06-023 LOCATION: Northwest comer of the intersection of State Road A-1-A and Marina Drive (See the map showing subject parcels) CURRENT FUTURE LAND COM (Commercial) USE DESIGNATION: PROPOSED FUTURE LAND USE DESIGNATION: EXISTING ZONING: PROPOSED ZONING: PARCEL SIZE: PROPOSED USE: SURROUNDING FUTURE LAND USE DESIGNATIONS: SURROUNDING ZONING DESIGNATIONS: Mixed Use (MXD- Medium Intensity- Grande Beach) Commercial General (CG) PMUD (Planned Mixed Use Development -Grande Beach) 9.44-acres Mixed Use (82-unit condominiums, 10,000 sq ft commercial) RM (Residential Medium — 9 du/gross acre) to the north, west, east and southeast; RU (Residential Urban — 5 du/gross acre) to the southwest. HIRD (Hutchinson Island Residential district) to the north, northwest, east and southeast, RS-4 (Residential Single Family — 4 du/gross acre) to the south and southwest; May 2, 2006 Petition: Grande Beach North Hutchinson Island, LLC Page 2 File Number: PA-05-008 SURROUNDING EXISTING LAND USES: There are condominiums to the east, Atrium I and II (125 foot) high-rise condominiums; there are single-family residences immediately north at Riverwalk at The Sands; single-family and multiple -family residences, in The Sands development to the north and west; further northwest are the two-story multifamily Lakeshore Condominiums at the Sands; to the south are the two-story multifamily Galleons Townhouses, and to the south and west, the single-family with boat slips Coral Cove Subdivision; due west is a canal leading to the Indian River. UTILITY SERVICE: The subject property is within the St. Lucie County Utilities ,-5dNice Area. -Public water and sewer lines are from the south, along A.-? TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: The .existing right-of-way width of A-1-A at this location is 100 feet. The existing right-of-way width of Marina Drive at this location is 60 feet. SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Right turn lane on SR A-1-A; Abandonment of part of one roadway. (Flotilla Terrace)and two alleys. Concurrency Deferral Affidavit. A future land use amendment is not regarded as a development order as defined in Florida Statutes. No right to obtain a final development order, or any other rights to develop the subject property are granted or implied by the County if the requested Comprehensive Plan amendment is approved. Analysis of potential impacts at the land use amendment stage is undertaken to determine if other portions of the .Comprehensive Plan need to be revised. DATA AND ANALYSIS BACKGROUND The applicant is requesting a change in the Future Land Use classification of the 9.44 acre subject site (containing four parcels) from Commercial (COM) to Mixed Use -(MXD) including the two alleys and.a portion of Coral Avenue, AKA (Flotilla Terrace.) The site's existing COM Future Land Use classification accommodates all the commercial zoning districts identified in the St. Lucie County Land Development Regulations. Predominant uses are general retail and office. The existing zoning of all four parcels is Commercial General (CG). May 2, 2006 Page 3 Petition: Grande Beach North Hutchinson Island, LLC File Number: PA-05-008 The surrounding Future Land Use designations are summarized above and shown on the attached Future Land Use Map. (Please see "Land Use" map, showing adjacent Future Land Use designations and those within % mile of the subject site.) The subject site contains a mostly vacant commercial building on the southeast parcel. (Please see "Existing Land Use" map, showing uses as identified by the St. Lucie County Property Appraiser's code.) The building was damaged in the hurricanes of 2004 and has not been fully occupied since that time. The surrounding existing residential uses are also shown on the above referenced "Existing land Use" map. APPLICANT PROPOSAL AND REASONS FOR REQUEST The applicant- provides the following reasons -for the, request: Note: This statement is taken from the original - applicetion. Additional commercial space has been -incls ided since the application. "The St. Lucie County Land Use and Zoning Maps designate the Subject Property with a Commercial (COM) land use designation and CG (Commercial. General) zoning classification. As the subject property has been commercial fora number of years and is under-utilized based upon the existing commercial designation, we are anticipating development .of the property into a mixed use project with a variety of residential units and a 10,000 square foot of neighborhood commercial intwo (2) 1-story buildings of 5,000 and 3,000 square feet, and there is also 2,000 square feet in the first floor of the residential building east of the latter, commercial building. At the current land use, the population on North Hutchinson Island would not support the maximum allowable intensity of 205,603 square feet of commercial use as a viable operating commercial core on a year round basis. The primary reason is that there are a large number of seasonal residents that reside on. North Hutchinson Island. The proposed project proposes to provide some support commercial users on the island and is consistent with the surrounding single- family and multiple -family developments in the area." The applicant requests a land use amendment to Mixed Use (MAD) with the following Sub Area Policies: 1. Residential land uses will be limited to a maximum of 82 dwelling (condominium) units. 2. The maximum 40% residential threshold set forth in Section 7.03.03.A of the St. Lucie County Land Development Code will not be applicable to development on this site. 3. The non-residential square footage required is 10,000 square. feet. 4. The commercial component of the project shall be integrated into the overall site design. through architecture, building materials, color and street. orientation. 5. A designated transit stop shall be provided within the development. The charge in Land Use from COM (Commercial) will create 10,000 square feet of neighborhood commercial space. There will be a pedestrian orientation along the street system and a creation of public spaces with street furniture with on street lighting. Uses that will be allowed would be limited to residential, professional service/office, and neighborhood commercial. The applicant states that the project is unique in design in that it provides for the integration of commercial retail and offices uses within a residential community. In contrast to the Commercial May 2, 2006 Page 4 Petition: Grande Beach North Hutchinson Island, LLC File Number: PA-05-008 Future Land Use designation, the purpose of the Mixed Use designation is to identify those areas where innovative land use concepts are encouraged. All projects developed within the Mixed Use (MXD) land use designation are required to provide a conceptual master plan that segregates uses as to intensity and that is 'compatible with internal and external adjacent land uses.' A detailed planned mixed use development application has been submitted concurrently with this land use amendment. STAFF FINDINGS 1. The Intent of the Mixed Use Land Use (MXD) designation, according to the Future Land Use Element of the St. Lucie County Comprehensive Plan, is to "...identify those areas whew, innovati\164nd use` -concepts are encouraged Application of this aistnct should be with prudence, and shoold iie or3!y f� those areas �.vt-sere traditional land use classifications do not afford the desired flexibility and community input in land use planning necessary to address local concerns. Candidates for this district include all 1-95 interchange areas, the St. Lucie County International Airport, Community Development Districts created pursuant to' Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use designations." The site can be considered 'an area of special consideration' because it is located on North Hutchinson Island and it is designated Commercial Future Land Use: 2. The County should set policies that are stable over a long period of time. Regarding the Sub -area Policies, there is precedent for their application.. -The Applicant's study states that there is a. need for 14,000 square feet of commercial on the Island. The applicant will provide 10,000 square feet of neighborhood commercial. The Growth Management Department believes that there may be a need for up to 25,000 square feet of commercial to serve the Island based on other data: Approximately 7,000 square feet of commercial exist. This applicant is providing 10,000 square feet. This project should not be required to provide all of the additional commercial need. There is. other land that may become available for further commercial use through redevelopment. 3. According to the Metropolitan Planning Organization (MPO), the Mixed Use Future Land Use is not in conflict with the 2025 Long Range Transportation Plan. 4. The Traffic Analysis in the TIR includes the anticipated trips from the subject property as a Commercial property. One of the benefits of the Mixed Use land use is the potential for absorbing some of the trips internally, within the mixed use development. Therefore, consideration of Mixed Use land use for a land located in close proximity to a major roadway may benefit the future functioning of that roadway. May 2, 2006 Page 5 Petition: Grande Beach North Hutchinson Island, LLC File Number: PA-05-008 CONSISTENCY WITH THE ST. LUCIE COUNTY COMPREHENSIVE PLAN In reviewing this application for a proposed amendment to the St. Lucie County Future Land Use Map, staff finds that the following Intent statement and Goals, Objectives and Policies of the County Comprehensive Plan area applicable to this petition. FUTURE LAND USE ELEMENT The proposed amendment supports and furthers this element. MXD (Mixed Use Development) As noted above, the language that defines the Intent of the Mixed Use Development designation states that this designation is intended: "...to identify those areas where innovative land use concepts are encouraged. Application of this district should be with . prudence, and sfi_ ould be only to those areas where traditional- land use:classifications do not afford the desired flexibility shd comm Urtity innut.ih land use planning necessary to. address local concerns. Candidates for this district include all 1-95 interchange areas, _ the St. Lucie County International Airport, Community Development Districts created pursuant to Chapter 190, Florida Statutes and areas of special or unique environmental consideration that may not be appropriate for traditional land use regulations." The location on North Hutchinson Island with its uplands, beaches, native habitat and proneness to hurricanes supports the site as an area in need of land use regulations other than those traditionally employed with the existing Commercial land use designation, in order to ensure public safety. OBJECTIVE .1.1.5: In coordination with the other elements of this plan, future development within the Planned Urban Service Area shall be directed to areas where urban and- community services/facilities can be provided in the most efficient and compact manner so as to discourage the proliferation of urban sprawl. The proposed amendmentdirects development and redevelopment activities into an area of the county already intended to be serviced with urban services such as water and sewer, pursuant to this Objective. Urban sprawl is discouraged by the proposed amendment's location in the urban service area and its close proximity to facilities and services. Policy 1.1.5.3: When considering any amendment to the Future Land Use Maps of the County's- Comprehensive Plan, the County Commission shall make the following findings, supported by the other elements of this Plan, prior to taking any approval actions granting an Individual amendment to the Future Land Use Maps: 1. That the property under a land use amendment application is adjacent to, or within no more than '/. mile of the same or greater type of land use classification. The site of the proposed MXD-USE Future Land Use classification is presently within % mile of land with Residential Medium (RM) to the north, west, east and southeast. To the south, within % mile, the land use designation is Residential Urban (RU). No mixed use can be found within % mile, but the proposed density is at the same level as the land uses to the north, east and west. The subject parcel is currently designated COM (Commercial.) May 2, 2006 Page 6 Petition: Grande Beach North Hutchinson Island, LLC File Number: PA-05-008 2. That the property under land use management consideration lies within the Five Year Capital Improvement Program of the Water and Wastewater Master Plan for St. Lucie County or otherwise meets the requirements of Policy 1.1.5.4. Water is provided by St. Lucie County Utilities through their lines on the west side of SR A-1-A . The Utility purchases this water from FPUA-WTP. The St. Lucie County Wastewater Treatment Plant on North Hutchinson Island will service the project through existing lines. Objective 1.1.7: Future development and redevelopment activities shall be directed to those areas depicted with urban land use designations on the Future Land Use Map and are to be consistent with sound planning_ principles contained in the goals, objectives and policies of -.plan. The subject site is :with r the Urban Service Arch _knd already -has the urban land use designation of Commercial (COM).- However, the site contains --a-:commercial- structure left vacant after the hurricanes of 2004. The proposed land use amendment can enable the site to redevelop this vacant commercial property, thus supporting this Objective by steering urban development to an area intended to accommodate such .development. Goal 1.2: Recognize that land use and transportation must be considered concurrently in all planning, and to the extent feasible, modify current land use patterns to decrease dependence on the automobile in order to minimize the need for future roadway expansion and promote the use of alternate modes of transportation. The sub -area policies proposed for this amendment will include _a transit stop within the proposed development and will allow a mixture of commercial service/office, and general commercial uses in close proximity to residential units. These policies provide an opportunity to decrease automobile trips through the use of alternate modes of transportation, such as bicycling, walking and public transportation, thus supporting this Goal. TRANSPORTATION ELEMENT The proposed amendment has been determined not to conflict with this element. GOAL 2.1: Provide safe and efficient integrated multi -modal transportation system which addresses the future needs of St. Lucie County for movement of people and goods, and which considers social, economic, energy and environmental effects of the transportation system. The proposed land use amendment supports and furthers the implementation of this Goal by proposing to include public transit in the design of the project, and by proposing walkable development patterns that will enable safe pedestrian and bicycle transportation within the development and on its perimeter. Policy 2.1.1: The St. Lucie County transportation system shall be reviewed in coordination with any requested. changes to the Future Land use Element or other related component of this plan. A report on the impacts to the system brought about by May 2, 2006 Petition: Grande Beach North Hutchinson Island, LLC Page 7 File Number: PA-05-008 any proposed land use changes shall be prepared and presented to the Board of County Commissioners as part of the review of that Land Use change. The applicant provided a traffic analysis statement estimating the trips associated with the maximum potential development for both the current and proposed Future Land Use classifications, and the trip generation for the proposed land use amendment as limited by the .proposed sub -area policies that set lower maximum caps for residential units and non- residential square footage. The daily, AM Peak Hour and PM Peak Hour trip generation calculations were provided by the applicant. The number of trips with the proposed land use (156) at 15.7 % of the number of trips with the current land use (989). The updated 2005 traffic counts were requested of the applicant, which they provided 12/22/05. The Mixed Use Future. Land Use will generate an estimated 1539 AADT, while the current - Commercial Future Land Use .would generate arv.-estimated .10,656 trips, almost seven times as mesas -the Mixed 10se-designaticn. -- -, The consultant also analyzed whether roadways in the vicinity of the proposed project would be able to meet their Levels of Service. The analysis within a 2-mile radius performed by the applicant's consultant determined that the proposed amendment would not affect the existing pre -development Level of Service(LOS) with post development trips generated. (See Exhibit 3)The LOS would remain the same on SR A-1-A east of US Highway #1, east of the North .Bridge, north of the site on SR A-1-A and south of the site on SR A-1-A. Pre -development Level of Service and post -development Level of Service are both at the same Level of Service: LOS C. Road and Bridge department review The Road and Bridge Department staff reviewed the Transportation Analysis Statement. The manager requested the above mentioned updated data. That 2005 traffic count data has been provided to Road and Bridge. Their comments indicated their understanding that a Land Use amendment includes a concurrency deferral, and that roadway concurrency would be determined in conjunction with a formal development application. Given that fact, the Road and Bridge review stated that an application for formal- development would need to determine whether a decrease in trips would occur, and what the actual impact on the roadway system would be. Additional information will be necessary at that time. Acquisitions and Survey review The abandonments need to be completed prior to the Board of Commissioners' action on this matter. The applicant has concluded negotiations with The Riverwalk at The Sands Condominium Association for the abandonment of *the two alleys. An abandonment hearing will take place before the BOCC on the same date as the hearing for this amendment. St. Lucie Metropolitan Planning Organization review May 2, 2006 Petition: Grande Beach North Hutchinson Island, LLC Page 8 File Number: PA-05-008 The St. Lucie Metropolitan Planning Organization (MPO) staff reviewed the proposed Land Use amendment and noted that it is not in conflict with the MPO's adopted 2025 Long Range Transportation Plan. The MPO staff did provide information from the adopted Long Range Transportation Plan for 2025 regarding US Highway #1 but not SR A-1-A segments which approach and abut the site. Planning staff is of the opinion that the US Highway #1 information is not directly relevant to the Future Land Use Site. The same MPO source shows no congestion on SR A-1-A nor on the bridge (causeway) over the Intracoastal. HOUSING ELEMENT The proposed amendment has been determined not to conflict with this element. Policy 5.1.1.2: The County shall continue to permit high density residential development in Planned -Mixed Use Development projects. - This development increases the residential density to the level 'of the. surrounding areas and simultaneously limits the residential to a medium level thereby providing for a transition from the high density/high rise use on the east to the low density on the west of SR A-1-A. The proposed amendment furthers the above Policy. INFRASTRUCTURE ELEMENT The applicant has provided documentation about the potential impacts on potable water, sanitary sewer, solid waste and drainage services. This analysis is provided to comply with the requirements of Rule 9J-11, Florida Administrative Code, and is not a concurrency reservation analysis. Prior to any Final Development Order for -the property the applicant must obtain a Certificate of Capacity, which demonstrates sufficient capacity in these services exists to serve the property. • Sanitary Sewer Sub -Element The proposed amendment has been determined not to conflict with this sub -element. The subject property -is within the St.'Lucie County Service area. The St. Lucie County Utility has wastewater lines extended along the west side of SR A-1-A from their plant on North Hutchinson Island. Policy 6D.1.2.3: The standards for level of service for sanitary sewer systems other than those owned and operated by Fort Pierce Utilities Authority shall be Permanent & Seasonal Residents — 85 gpcd; Employee —102 gpcd and school student —17 gpcd. Based on the allowed maximum lot coverage of 50% per Table 7-10 in the St. Lucie County Comprehensive Plan, and the 'Applicant Proposal and Reasons for the Request,' half of the square footage would be over 202,000 square feet. The subject property, with its current "Commercial" classification having 588 square feet per employee as recommended by the Florida Building Code, could possibly yield 344 employees. At a level of service of 102 gallons per capita per day for employee, the resulting daily demand would be 35,088. If the amendment is adopted as proposed with the sub -area policies and limitations, there would be a maximum of 82 residential units and 10,000 square feet of commercial. With a May 2, 2006 Page 9 Petition: Grande Beach North Hutchinson Island, LLC File Number: PA-05-008 projected number of 203 persons, at a rate of 85 gallons per capita per day, the wastewater generation rate would be 17,255 gallons/day. The number of employees is estimated at 17 per the proposed uses of neighborhood commercial based on Florida Building Code square footage. The seventeen employees applying standard of Policy 6D.1.2.3 that at 102 gallons each per day results in 1,734 gallons/day The total daily demand for wastewater treatment if the amendment is adopted as proposed is estimated at 18,989 gallons per day, which would be a lower demand than that generated by the subject site with its current land use designation. Prior to any final development order approvals, the applicant would provide more information and need to demonstrate that sufficient capacity is available to service the project. • - Potable -Water Sub -Element The proposed amendment has been determined rot to conflict with this sub -element. The subject property is within the St. Lucie County service area. The County Utility -obtains bulk water from the Fort Pierce Utility for use in this area. Policy 6A.11.3: The level of service standard for potable water systems is the same volume as for sanitary sewer If the amendment is adopted as proposed with the sub -area policies and limitations, a maximum of 82 residential units and 10,000 square feet of nonresidential could be built. With 203 persons at a rate of 100 gallons per capita per day, the potable water demand would be 20,300 gallons per day. For the 17 employees who are estimated using water at a rate of 120 gallons per capita per day, the potable water demand could be 2,040 gallons per day. Add 64 gallons/day for customers. The total daily demand for potable water, if the amendment is adopted as proposed, is estimated at 22,340 gaAons per day, which would be a decrease in estimated demand. If the current Commercial Land Use would be built to the maximum creating 344 employees, 41,280 gallons/day would be needed for the site. The proposed Mixed Use. Land Use designation would reduce the need of potable water by 18,476 gallons /day. Prior to any Final Development Order approvals, the applicant would be required to provide more detailed information and to demonstrate that sufficient capacity is available to service the project. • Solid Waste Sub -Element The proposed amendment is not in conflict with this sub -element and would not reduce the Level of Service standards for the County's solid waste facility as set forth by Policy 6B.1.1.1. The level of service specified in that Policy is 9.31 pounds per capita per day. Assuming the estimated number of employees, for the subject property with the Use "Commercial" classification being adopted, would be 344 employees. At a level of service of 9.31 pounds per capita per day for employee, the resulting daily production of solid waste would be estimated at 3,203 pounds per day. May 2, 2006 Page 10 Petition: Grande Beach North Hutchinson Island, LLC File Number: PA-05-008 If the amendment is adopted, a maximum of 82 residential units could be built generating an estimated 203 persons. At a rate of 9.31 pounds per capita per day, the solid waste generation rate would be 1,890 pounds per day. For the 17 employees who are estimated the solid waste generation could be 158 pounds per day. The total daily demand for solid waste capacity including customers and if the amendment is adopted as proposed is estimated at 2,048 pounds per day, which would be an estimated reduction of 1,155 pounds/day compared to the current Commercial Land Use. The .landfill capacity is 2,492,534 cubic yards with buildout estimated by 2029. • Drainage and Aquifer Recharge Sub -Element The proposed amendment is not inconsistent with this sub -element. In accordance with Objective 6C.1.4.2 of this element, all development will be conditioned on. the ability of the design of- the project to comply with stormwater management standards necessary to maintain the. level of -service standards for stormwater set forth. in Policy Pnor to any final development order approvals, the applicant -will provide more information, and will need to demonstrate compliance with the levels of service. Objective 6C.3.2 requires development to protect the functions of nature( groundwater recharge areas. Existing welifields are not located in proximity to this proposal, and are not anticipated to be impacted by this proposal. COASTAL MANAGEMENT ELEMENT GOAL 7.1: Balancing growth and coastal resources. All development proposed in the future land use element in the coastal area shall occur in a manner which protects, conserves, or enhances the natural resources of the coastal area and the environmental, social, and economic benefits attributed to them. The subject site is located within the coastal planning area. The proposed amendment has been determined not to conflict with this element. The site is already disturbed and modified to accommodate an existing shopping center. Policy 7.2.2.4: All new residential development in excess of fifty (50) units in areas subject to coastal flooding shall provide. shelter space for twenty (20) percent of the residents at a spacing requirement of forty (40) square feet per person, or demonstrate the availability of the shelter space. This proposal would have required a shelter in an evacuation area. The applicant has negotiated an agreement with the County Emergency Management Director for a payment towards a County shelter, in lieu of constructing a shelter in this mandatory evacuation area which is also in a Category 3 hurricane tidal surge zone. The cost of this contribution ($20,000), determined by the Director, will exceed the cost of turning a building in the project into an emergency shelter. CONSERVATION ELEMENT Objective 8.1.8: The County shall protect native upland habitats, and shall prevent the net loss of listed species and their -habitat. This shall be accomplished through the County May 2, 2006 Petition: Grande Beach North Hutchinson Island, LLC Page 11 File Number: PA-05-008 Environmentally Significant Lands Acquisition program, ongoing natural resource protection programs and the implementation of land development regulations. The applicant will enact and manage requirements of the County Environmental Resource Division including existing tree preservation and relocation plan, a gopher tortoise relocation/release program and U.S. Army Corps Section 404 and Nationwide 39 permits. RECREATION AND OPEN SPACE The Level of Service for recreational facilities established in the St. Lucie County Comprehensive Plan is contained in Policy 9.1.1.1 of the Recreation and Open Space Element. Policy 9.1.1.1 Level of Service for Recreation and Open .Space shall be as follows: s- Community Parks: 5 acresM-000 resiicicsnts in the unincorporated area: Regional par5cs: 5 acres/1000 residents countywide: If the amendment is adopted, a maximum of 82 dwelling units are proposed. With a person per household rate of 2.47 (Census 2000), the total population is estimated as 203 that will be mostly seasonal. The standard of 5 acres/1000 population for community parks produces a demand of 1.015-acres in community park acreage to meet the needs of the proposed residents. According to the information contained in Table 9-1 of the Recreation and Open Space Element of the St. Lucie County Comprehensive Plan, the total community park acreage is 160.3. The projected unincorporated permanent resident population for 2005, according to the Recreation and Open Space Element, is 70,951, which would require a community park total acreage of 354.7 acres in order to meet adopted level of service standards. With the current total acreage, the projected permanent population stands at a level of service of 2.3 acres/1000. An individual project can only be required to address impacts caused by that project. The sub- area policies proposed by the applicant state that public open space will be provided. This is a positive step that can help ensure that, if approved, this proposed project does not further reduce the level of service for recreation for other residents. There will be a 1 acre on -site recreational facility included that will further provide for the recreational opportunities of the proposed residents. The residents will also generate demand for facilities. The value of an acre of park land could be contributed to the County by the applicant. INTERGOVERNMENTAL COORDINATION' ELEMENT This amendment is following the prescribed notification process of the Department. of Community Affairs. The proposed amendment has been determined not to conflict with this element. EDUCATION FACILITIES The maximum number of 82 dwelling units The St. Lucie County School District Growth Management and Land Acquisition Director has been using a- factor of using a factor of .204 to estimate student projections for condominium/multi-family developments. This results in a maximum of 17 students. Considering this, the applicant has completed an agreement with the May 2, 2006 Petition: Grande Beach North Hutchinson Island, LLC Page 12 File Number: PA-05-008 St. Lucie County School District. That agreement is for a voluntary contribution in ,addition to school impact fees at the time of application. See attached Agreement in Exhibit 1. CAPITAL IMPROVEMENT ELEMENT The proposed amendment has been determined not to conflict with this element. 11.1.1.27: The County shall continue to require new development to meet level of service standards for both on and off -site improvements, including local streets, water and sewer connection lines, stormwater management facilities and open space. The applicant for the proposed Future Land Use Amendment has signed a Concurrency Deferral Affidavit that defers the reservation of capacity in public facilities. The Affidavit states that "the issuance of _a preliminary deyelopment, order wit a Certificate of rapacity creates die ves4 d or ether rights 9 develop the subject property." Policy 11.1.4.3 B 3) (b): No right to obtain final development order, nor any other rights to develop the subject property have been granted or Implied by the County's approval of the preliminary development order without determining the capacity of public. facilities. A Certificate of Capacity demonstrating sufficient public facilities are available to support any future development proposal must be obtained before a final development order is issued. ECONOMIC DEVELOPMENT ELEMENT The proposed amendment has been determined to be consistent with this element because it supports and furthers the following policies: Policy 12.1.1.4: Place a high priority on infill projects that -are consistent with the smart growth policies of St. Lucie County. The proposed amendment would enable redevelopment of an existing commercial site that contains a mostly vacant structure, and that has had a commercial designation since 1990. The existing structure has not remained fully occupied over this period. The subject site can be defined as an infill area, because it is located in the Urban Service area and is surrounded by areas that are developed. Encouraging redevelopment of such a location, where public funds have been invested to provide utilities, is consistent with this policy. The loss of Commercial Land Use is offset by the inclusion of commercial space of 10,000 square feet integrated with the condominiums. Per Table 7-10 of the Lana .Development Code, a Commercial General Zoning District 50% of lots to be used for commercial buildings, the seasonal nature of residences on the Island will not support that size of an area of commercial space, and its use all year round. The proposed 10,000 square feet of commercial, a larger space than presently exists unused, will provide commercial community services for the 200 or so new residents and existing seasonal residents at 722 dwelling units within 500 feet of the site. The commercial uses to be- allowed are professional service office and neighborhood May 2, 2006 Petition: Grande Beach North Hutchinson Island, LLC Page 13 File Number: PA-05-008 commercial uses. For further refinement see the Economic Analysis by Thompson Consulting, Inc. An American Planning Association article "Public Investment," December 1996 said that the neighborhood (supermarket leading tenant) center of 30,000 - 100,000 square feet of gross leasable area needs a minimum population of 3,000 — 40, 000. The Urban Land Institute Shopping Center Development Handbook, 1999 concurs that General Guidelines identify 'minimum population support required for a Neighborhood Center is 3,000 — 40,000 population with a radius of 1.5 miles and a driving time of 5-10 minutes.' It follows to define the commercial use on North Hutchinson Island as a neighborhood retail center, or as a convenience shopping center with one or more of the following businesses: mini -mart,. restaurant, beauty parlor; dry clearverr-fast food service angler -medical and dental of`ce. (Source: Dbllars and .Cents -of Shoagin4 Centers, 1997 , ULI). CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN The proposed amendment supports and furthers the following Goals and Policies of the State Comprehensive Plan that apply to this petition: LAND USE 187.201(15), FS: (a) Goal: In recognition of the importance of preserving the natural resources'and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements fo provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner. (b) Policies: 3. Enhance the livability and character of urban areas through the encouragement of an attractive and functional mix of living, working, shopping and recreational activities. The proposed amendment is located within the Urban Service area, and will encourage redevelopment of an existing site that may provide an alternative location for development that might otherwise seek a location beyond the Urban Service area. The proposal will ensure that the development proceeds in an environmentally acceptable manner. The uses that are proposed support the policy of enhancing the livability of urban areas by providing a walkable environment within which residents can reach shopping and recreational activities. May 2, 2006 Page 14 Petition: Grande Beach North Hutchinson Island, LLC File Number: PA-05-008 CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed amendment supports and furthers the following regional goals, strategies and polices that apply to this petition: Strategy 2.1.1: Acquire or otherwise preserve and protect significant natural systems and the components of these systems. The proposed Future Land Use Amendment has no significant effect on natural systems. Strategy 3.1.1: Redevelop, revitalize and infill existing neighborhoods and districts. The proposed amendment •gill- revitalize art -existing. Commercial site- that. at this time is mostly vacaan -lay eating mixed ,use. . Strategy 6.1.1: Encourage the formation of sustainable neighborhoods and communities. Policy 6.1.1.1: New neighborhoods and communities should contain a balanced, well - planned, compatible mix of land uses appropriately located so that State, local and regional goals are achieved. The mix of condominiums and commercial uses will encourage sustainability of this community. Policy 6.1.1.2: New neighborhoods and communities should have compact designs, with a mix of building types. The proposed amendment will have a mix of uses; create public space; a sense of place through use of alternative paving materials; on street parking and lighting; buildings constructed closer to the street edge and closer together to provide connected open space and compact design of build areas such that most housing units are within walking distance of the commercial center of the proposed development. RECOMMENDATION: Based upon the information provided, staff has found the. proposed land use change to be consistent with the Goals, Objectives and Policies as set forth in the St. Lucie County Comprehensive Plan. Staff also finds the proposed amendment to -be consistent with the State Comprehensive Plan and the Regional' Policy Plan. Staff recommends that this petition be adopted by Ordinance 06-023 of the St. Lucie Board of County Commissioners and that the Board will submit this small scale amendment to the St. Lucie County Comprehensive Plan to the Florida Department of Community Affairs. CONDITIONS: May 2, 2006 Petition: Grande Beach North Hutchinson Island, LLC Page 15 File Number: PA-05-008 1. Prior to the issuance of first building permit, the applicant shall provide a voluntary contribution of $20,000 to the St. Lucie County Emergency Management. 2. The applicant shall provide a voluntary contribution to the St Lucie County School District according to and by means of a written agreement signed by the two parties. Attachment cc: County Administrator. County Attorney .� :Robert-Klein4 c sq:- file Suggested motion to recommend approval/denial of this requested Comprehensive Plan Amendment. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT THE PETITION OF GRANDE BEACH NORTH HUTCHINSON ISLAND, LLC, FOR A CHANGE IN FUTURE LAND USE DESIGNATION FROM COM (COMMERCIAL) TO MXD (MIXED USE) AS A SMALL SCALE AMENDMENT WITH CONDITIONS AND SUBMIT SAME TO THE DEPARTMENT OF COMMUNITY AFFAIRS, BECAUSE .... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] MOTION TO DENY:. AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, 1 HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE ADOPTION OF THE PETITION OF GRANDE BEACH NORTH HUTCHINSON ISLAND, LLC, FOR- A CHANGE IN FUTURE LAND USE DESIGNATION FROM COM (COMMERCIAL) TO MXD (MIXED USE) , BECAUSE ... . CITE REASON(S) WHY - PLEASE BE SPECIFIC] 1 ORDINANCE No. 06-023 2 File Number PA-06-008 3 4 AN ORDINANCE CHANGING THE FUTURE LAND USE DESIGNATION OF THE ST. 5 LUCIE COUNTY COMPREHENSIVE PLAN FOR CERTAIN PROPERTY IN ST. LUCIE 6 COUNTY, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AUTHORIZING 7 AMENDMENTS TO THE FUTURE LAND USE MAPS OF THE COMPREHENSIVE PLAN; 8 PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; 9 PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA 10 DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE DEPARTMENT OF 11 COMMUNITY AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING 12 FOR ADOPTION. 13 14 WHEREAS, the Board of County Commissiohers of St. Lucie County, Florida, 15 has made the following determinations: 16 y 17 1. Grande Beach Hutchinson Island North, LLC.. presented a petition for a 18 change in Future Land Use Designation from COM (Commercial) to Mixed 19 Use Development (MXD - Grande Beach, Medium Intensity) with included 20 Sub -area Policies -as listed here: 21 22 • Residential land uses will be limited to a maximum of 82 dwelling 23 (condominium) units and a minimum 72 units. 24 • The maximum 40% residential threshold set forth in Section 7.03.03.A 25 of the St. Lucie County Land Development Code will not be 26 applicable to development on this site. 27 • The non-residential square footage required is 10,000 square feet. 28 • The commercial component of the project shall be integrated into the .29 overall site design through architecture, building materials, color and 30 street orientation. 31 A designated transit stop shall be provided within the development. 32 33 34 2. On March 16, 2006 the St. Lucie County Local Planning Agency held a 35 public hearing on the petition, after publishing notice at least 10 days prior to 36 the hearing and notifying by mail all owners of property within 500 feet of the 37 subject property, and has recommended that this Board deny the hereinafter 38 described request for a change in Future Land Use Designation from COM 39 (Commercial) --to MXD (Mixed Use Development — Grande Beach) for the 40 property described in Part A below, 41 42 3. On May 2, 2006 this Board held a public hearing on the adoption, after 43 publishing a notice of such hearing in the Fort Pierce Tribune and the Port 44 St. Lucie News on April 21, 2006 and notifying by mail all owners of property 45 within 500 feet of the subject property. 46 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. CHANGE IN FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described as follows: Tract "E-1 ", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A and the portion of Coral Avenue (n/k/a Flotilla Terrace) lying north of Marina Drive, according to the plat of Coral Cove Beach, Section One, as recoorded in Plat Book 11 at Pages 30A and 30B —bf the`Pubiic Records -of St. Lucie County, Florida. (As shown in Exhibit A) containing 9.444 acres more or less. Location: Northwest of the intersection of.Marina Drive and SR A-1-A owned by Grande Beach North Hutchinson Island, LLC, Owned by Grande Beach North Hutchinson Island, LLC., is hereby changed from COM (Commercial) to MXD-Grande Beach (Mixed Use Development -Grande Beach) with medium intensity level and Sub Area Policies as listed below: • Residential land uses will be limited -to a maximum of 82 dwelling (condominium) units and a minimum 72 units. • The maximum 40% residential threshold set forth in Section 7.03.03.A of the St. Lucie County Land Development Code will not be applicable to development on this site. • The non-residential square footage required is 10,000 square feet. • The commercial component of the project shall be integrated into the overall site design through architecture, building materials, color and street orientation. A designated transit stop shall be provided within the development. B. FINDING OF CONSISTENCY This Board specifically determines that the approval of this change in the Future Land Use Element is internally consistent with the policies and objectives contained in the. St. Lucie County Comprehensive Plan, specifically Policies 11.1.3.6 and 11.1.3.7 of the Capital Improvements Element, which identify this approval as a Preliminary Development Order and provide for the recognition that impacts of this approval on the public facilities of St. May 2, 2006 Ordinance 06-023 Page 2 1 Lucie County will not occur until such time as a Final Development Order is issued. 2 3 C. CHANGES TO THE FUTURE LAND USE MAPS 4 5 The St. Lucie County Growth Management Director is hereby authorized and directed 6 to cause these changes to be made in the Future Land Use maps of the Future Land 7 Use Element of the St. Lucie County Comprehensive Plan and to make notation of 8 reference to the date of adoption of this Ordinance. 9 10 D. CONFLICTING PROVISIONS 11 12 Special acts of the Florida Legislature applicable only to unincorporated areas of St. -13 Lucie -County, County Ordinances -and County Resolutions,. or parts thereof, in conflict 14 with this Ordinance rare hareby superseded 1,y this Ord.ir-rance.',n the extent of such 15 -...conflict. 16 17 E. SEVERABILITY 18 19 If any portion of this Ordinance is for any reason held or declared to be unconstitutional, 20 inoperative or void, such holding shall not affect the remaining portions of this 21 Ordinance. If this Ordinance or any provision thereof shall be held to be inapplicable to 22 any person, property, or circumstances, such holding shall not affect its applicability to 23 any other person, property or circumstances. 24 25 26 F. APPLICABILITY OF ORDINANCE 27 28 This ordinance shall be applicable as stated in Paragraph A. 29 30 31 G. FILING WITH THE DEPARTMENT OF STATE 32 33 The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the 34 Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. 35 36 37 H. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS 38 39 The Growth Management Director shall send a certified copy of this Ordinance to the 4 o Department of Community Affairs, 2555 Shumard Oak Boulevard Tallahassee, FL 41 32399-2100. May 2, 2006 Ordinance 06-023 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13. 14.1 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 I. EFFECTIVE DATE This Ordinance shall take effect upon the issuance by the State Land Planning Agency of a Notice of Intent to find the adopted amendment in compliance in accordance with Section 163.3184(9), or Section 125.66(4) (a), Florida Statutes, or upon the Administration Commission issuing a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10). J. ADOPTION -After-n of on. and second, tbe; vote on this resolution.was_as follows: Chairman Doug Coward X Vice Chairman Chris Craft X Commissioner Frannie Hutchinson X Commissioner Paula A. Lewis X Commissioner Joe -Smith X PASSED AND DULY ADOPTED this 2nd day of May 2006. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman ATTEST: May 2, 2006 Page 4 APPROVED AS TO FORM AND CORRECTNESS: Ordinance 06-023 1 I DEPUTY CLERK COUNTY ATTORNEY 2 May 2, 2006 Page 5 Ordinance 06-023 Hm-c r nzmc) ri i s cv r r om: mu=iim= avt.w r r altC7J7 r l i o: r rc4n0711.14 r-. I 1 Board Members Excellence in Education Kathryn Henalay, Chairman Dr. John Carved. Vice Chairman The School Board of St. Lucie County ( Dr. Samuels. HIlnes TTT ty 4204 Okeechobee Road l:on Dr.. Judi Lade &111udiudi Miller Public Sr wLv Fort Pierce, Florida 34947 - (772) 429-3600 l Superintendent Michael J. Lannon EXHIBIT 1 VIA VACSIMILE 772.409,1134 April 27, 2006 Bobby Klein Klein & Dobbins-, P.l .. 1903 south 25th Street - hurt Pierce, FL 349Ff2" Re- Grande Beach -Approval of Agreement for Contribution towards p4blic schoM construction Dear Mr. Klein: Thank you 1br the agreement regarding the contribution towards public school, construction. We appreciute your client's willingness to mitigate the impacb; on the public schoop. At the April 25, 2006 School Board Meeting -thc Board approved the agrcem�nt. I will forward you the original agreement lbr recording upon sighing by the Superintendent aiI Board Ch,iir. If you have artyclucstions,-please feel tree to give me a call, Sincerely, Marty 1:, Sanders,11,13. Executive DirCUtur of Growth Managerrlcni, band Acquisitions Sc Governmentaq Relations MES:mtf I""? n.ln-.Napo 1-)L hen;Py,mSNaAr _al'MLpl1C6 ' LCW—'C CT PUT j FWANC1AL Cam+ '? MANAeBMENr tT . ACCREDITED SYSTEMWIDE SYTHESOUTHERNASSOCIATIONOFCOLLEGESANDSC0001-5 The Schnol Sunni of St Lucie Caunly is an Cqual Opporlunfly Agency Prepared by and to be returned to: Robert N. Klein, Esq. Klein & Dobbins, P.L. 805 Virginia Avenue Suite 25 Fort Pierce, FL 34982 AGREEMENT FOR CONTRIBUTION TOWARD PUBLIC SCHOOL LAND ACQUISITION AND FACILITIES CONSTRUCTION [GRANDE BEACH] - THIS AGREEMENT ("Agreement") is made and- entered into this day of 2006, by and, between the SCHOOL BOARD OF ST. LUCIE COUNTY ("School "Board"), and GRANDE BEACH NORTH HUTCHINSON ISLAND, L.L.C., a Florida limited liability company ("GRANDE BEACH"). WHEREAS, GRANDE BEACH proposes to change the St. Lucie County future -land use designation on the property identified in Exhibit "A" attached hereto and made apart hereof (the "Property"); and WHEREAS, under its current future land use designation, a maximum of zero residential units potentially could be developed on the Property ("Current Maximum"); and WHEREAS, the future land use change proposed by GRANDE BEACH, if granted, would increase the potential residential density on the Property, thereby increasing the impact on public school facilities in St. Lucie County upon development of the Property; and WHEREAS, even though the future land use change would increase the potential residential density on the Property, GRANDE BEACH has provided a substantial area of the Property (the "Mixed Used Area") that will have minimal impact on the public school facilities upon development of such area; and {00004604.1} 1 WHEREAS, if GRANDE BEACH obtains the proposed future land use change, the maximum number of residential units that may be developed on the Property ("Future Maximum') will be established by a development order entered by St. Lucie County with respect to the Property ("Development Order'); and WHEREAS, the difference between the. Future Maximum and the Current Maximum represents the increase in the number of residential units on the Property ("Density Increase") that would result from the future land use change proposed by GRANDE BEACH; and WHEREAS, the existing St. Lucie County Educational Facilities Impact Fee Ordinance (codified at Chapter, 1-6.5, Article V, of the Code of Ordinances of St. Lucie County, Florida, and hereinafter referred to as the "Ordinance') requires that an educational facilities impact fee ("School Impact Fee") be paid at the time of issuance of a building permit for each unit when property is developed; and WHEREAS, GRANDE BEACH will be subject to payment of the School Impact Fee as required by the Ordinance; and WHEREAS, the ' School Impact flee as established by the Ordinance does not currently include a component to compensate for the potential increased density represented by a future land use change and the resultant need for additional public school sites and facilities; and WHEREAS, the School Board is in need of funds to acquire real property and construct additional public schools; and WHEREAS, the St. Lucie County Comprehensive Plan provides that future development -shall pay for 100 percent of the capital improvements needed to address the impact of such development, and that future development payments may take the form of voluntary contributions for the benefit of any public facility; and (00W46W.1) 2 WHEREAS, GRANDE BEACH wishes voluntarily to contribute funds toward the acquisition of property for additional public school sites and the construction of additional public school facilities to compensate for the future land use change proposed for the Property and the Density Increase that would result from that change; and WHEREAS, that amount of funds to be contributed by GRANDE BEACH hereunder is lower on a per unit basis due to the creation of the Mixed Use Area. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties,' and in consideration of the benefits to accrue to each, it is agreed upon as follows: 1. Accuracy of Recitals. The above recitals are true and -correct and incorporated herein. 2. Contribution of Funds. Provided the proposed future land use. change is adopted and becomes final and non -appealable, GRANDE BEACH hereby agrees to contribute to the School Board, for the purchase of public school sites and the construction of public school facilities, an amount ("Density Increase Contribution") calculated by multiplying the the sum of $1,500.00. per unit- times the Density Increase in units as determined at the time of approval of a Development Order for the Property. The Density Increase Contribution shall be paid to the School Board prior to the issuance of each building permit for any building on the Property which will contain residential units, as GRANDE BEACH shall seek issuance of same pursuant to its discretionary timetable for development, based upon the number of residential units in the building to be constructed. 3. Credit Against School Impact Fees and Adoption of Additional Fees. GRANDE BEACH, agrees that the Density Increase Contribution shall not be creditable against the School Impact Fee existing on the date of this Agreement because the fee includes no component for the increased land and facilities needs attributable to changes in future land use designation that result in increased residential density. The School Board agrees that in the event the Ordinance is amended to include this component in the School Impact Fee or in the event a fee is otherwise imposed on new development for the cost of additional school sites and facilities attributable to future land use changes, it will support GRANDE BEACHS' S request for a credit against such amended School Impact Fees or other new development fee, as such fees may be applicable to the Property, to the extent that any portion of the Density Increase Contribution has been paid in accordance with this Agreement. Such credits shall be applicable to such units or such portion of the Property as may be designated in a sehool impact fee credit agreement between the parties, or by written designation provided to and approved by the School Board, which approval shall not be unreasonably, withheld. In the event that the Ordinance is amended to include the cost component contemplated herein or in the event a fee is otherwise imposed on new development for the cost of additional school sites and facilities and some or all of the Density Increase Contribution otherwise payable pursuant to this Agreement has not been paid, then such remaining Density Increase Contribution payments shall no longer be required and instead the amended School Impact Fee or other new development fee for such remaining units shall be paid in accordance with the applicable ordinance. 4. Satisfaction of School Needs. The School Board agrees, based upon the information provided by GRANDE BEACH and otherwise made available to the School Board, and without. determining that the Density Increase Contribution provided in this Agreement would be appropriate for any other project or development if other information becomes available that (i) GRANDE BEACH'S payment of School Impact fees in accordance with the Ordinance, and (ii) this Agreement for Density Increase Contribution as provided herein, collectively fairly address the impacts of the future development of the Property on educational facilities needs in St. Lucie (000046M.I ) 4 County, and as such the School Board has no objection to the approval of the proposed future land use change for the Property. 5. Miscellaneous. (a) Entire A ement. This Agreement contains and sets forth all the promises, covenants, agreements, conditions, and understandings between the Parties with respect to the subject matter of this Agreement. (b) Terms and Words. All terms and words used in this Agreement, regardless of the number and gender. in which used, shall be deemed to , include any other gender or. number as the context or the use thereof may require. (c) Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall not be affected or impaired and each remaining provision shall remain in full force and effect. In the event that any term or provision of this Agreement is determined by appropriate judicial authorities to be illegal, void or otherwise invalid, said provision shall be given its. nearest legal meaning, or be construed as deleted as such authority determines and the remainder of this Agreement shall be construed to be in full force and effect. (d) Headings. Captions and paragraph headings contained in this Agreement are for convenience and reference ' only and in no way define, describe, extend or limit the scope or intent of this Agreement, nor the intent of any provision hereof. (e) Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of Florida and venue with respect to any litigation between the parties related to this Agreement shall be St. Lucie County, Florida. {00004W4.1) 5 6. Successors and Assisns. This Agreement shall be binding upon the parties, their heirs, successors, and assigns. 7. Amendments. This Agreement shall not be changed, modified, or amended except by an instrument in writing and executed by the parties. [END OF PAGE] (00oo4604.1) 6 IN WITNESS WHEREOF, the parties hereto have caused the execution of this Agreement by their duly authorized officials as of the day and year first above written. Signed, sealed, and delivered in the presence of: Print,/ �►'� tar Print Name- STATE OF FLORIDA COUNTY OF BROWARD GRANDE BEACH NORTH HUTCH�NSON ISLAND,.,.L.C. Lb-n V. Zeller, The foregoing instrument was acknowledged before me this 12' -day of _�§, 1 , 2006, by MARTY V. ZELLER, as Manager/Member of GRANDE BEACH NORTH HUTCHINSON ISLAND, L.L.C., a Florida limited liability company, who (is personally known tome or ❑ has produced as identification. ATTEST: Michael J. Lannon, Superintendent and Ex-Officio Secretary Notary Public, State of Florida Print Name: ,o I H6J"—' " My Commission Expires: 4. CM M IiM.PERN * * W CAAMlISSM # DD 27805 EXPIRES: AprN 3D, 2006 'VOF R� B"* ThrU Budget Nobry UMM SCHOOL BOARD OF ST. LUCIE COUNTY By: Kathryn Hensley Chairman (OOM46M.1) 7 EXHIBIT "A" LEGAL DESCRIPTION Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A" and the portion of Coral Avenue (n/k/a Flotilla Terrace) lying north of .Marina Drive, according to the plat of Coral Cove Beach, Section One, as recorded in Plat Book 11 at Pages 30A and 30B of the Public Records of St. Lucie County, Florida. Containing 9.444 acres more or less. (OOOM oa.i) 8 BOARD OF COUNTY COMMISSIONERS EXHIBIT 2 April 17, 2006 Klein & Dobbins, P. L-. Attorneys and Counselors at Law 805 Virginia Ave, Suite # 25 P 0 Box 2414 Ft. Pierce, FL 34982 (772) 409-1133 DEPARTMENT OF PUBLIC ,SAFETY JACK T. 50UTHARD DIRECTOR CAROLYN DILL -COLLIER — 911 COORDINATOR DONALD DANIELS — EMERGENCY MANAGEMENT COORDINATOR CHARLES T. CHRISTOPHER — RADIOLOGICAL COORDINATOR KAREN TAYLOR — ANIMAL CONTROL COORDINATOR ANDREW RITCHIE — MARINE SAFETY COORDINATOR Re: Grande Beach North Hutchinson Island, LLC ("Grand_ Beach'I/i'dorth Hutchinson Island Development Dear Mr. Klein: In regards to our prior meeting on March 31, 2006 and your April 10"' letter, I have spoken with Doug Anderson, County Administrator,- regarding your proposal on the monetary gift to be used for hurricane preparedness by the Public Safety Department, Division of Emergency Management in lieu of building and operating -a shelter in a -mandatory evacuation area, we accept your offer. Of course, it will have to be approved by the Board of County Commissioners. Thank you for taking the initiative and going above and beyond meeting just the requirements.. These funds" will be greatly beneficial to the community.,. - Please feel free to contact me. if you have any questions at (772) 462-1736. Sincerely, cal ] ck T Southard, hector JTS/csi Cc: Mr. Doug Anderson, County Administrator Mr. Ray Wazny, Asst. County Administrator Ms. Faye Outlaw, Asst. County Administrator Mr. Robert Nix, Growth Management Director Received S�; Growth Management JOSEPH E. SMITH, District No. 1 - DOUG COWARD, District No. 2 PAULA A. LEWIS. District No. 3 FRANNIE.HUTCHINSON, District No. 4 - CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 101 North Rock Rood • Fort Pierce, Florido 34945-3438 Phone (772) 462-1736 - Public Safety Office • (772) 465-5770 - 911 Office Line (772) 461-5201 - Emergency Management Phone (772) 461-6496 - Radiological • (772) 462-2355 - Marine Safety (772) 461-6177 - Animal Control P.O. Box 2414 Fort Pierce, FL 34954-2414 Writer's E-Mail rkiein@kleindobbins.eom VIA E-MAIL 'aL cksQstlucieco.gov KLEIN & DOBBINS, P. L. ATTORNEYS AND COUNSELORS AT LAW 805 Virginia Avenue (772) 409-1133 Suite 25 Fax(772) 409-1134 Fort Pierce, FL 34992 www.kicindobbins.com April 10, 2006 Jack T.-Southard - Public Safety Director St. Lucie County Department of Public Safety 101 N. Rock Rd Fort Pierce, FL 34945-3438 Dear Jack: Writer's Direct Dial (772) 409-1133 Ext. 1 Re: Grande Beach North Hutchinson Island, LLC ("Grande Beach")/North Hutchinson Island Development Thank you and Charles Christopher for taking the time to discuss this project with me. Please accept this letter on behalf of Grande -Beach as its offer to pay $20,000 to the St. Lucie County Department of Public Safety, Division of Emergency Management, prior to, and as a condition to issuance of, the first building permit for a residential structure on the property in accordance with the currently submitted plan for development. This payment is in lieu of and substantially greater than the cost of constructing.a hurricane -shelter on the site, which is in a mandatory evacuation area. Grande Beach is pleased to be able to craft an alternative that is more practical and effective. We do, however, understand that this offer -must be approved by the St. Lucie County Board of County Commissioners. Grande Beach recognizes that these funds will be used by the County for hurricane preparedness. Grande Beach acknowledges that these funds do not entitle any future resident of Grande Beach to space in a County shelter. Any person seeking to use a shelter must apply and qualify according to applicable County rules.. (00004754.1) & I Jack T. Southard April 10, 2006 Page 2 j —-- If you need anything further, please let me know. I would appreciate your prompt written response accepting this offer so that I may timely notify the Growth Management Department. Again, thank you for your time and cooperation. Very truly yours, Robert ein RNK/dm Cc: Marty Zeller (via e-mail) Bob Halpern (via a=mail) Michael Houston (via e-mail) BOARD OF COUNTY COMMISSIONERS November 3, 2005 John V. Giordano, E.I. Culpepper.& Terpening, Inc. 2980 South 25`h Street Ft. Pierce, FL 34981 .. IL U UTILITIES COUNTY • DEPARTMENT P.M. BOWERS DIRECTOR EXHIBIT 9 :.. RE: Utility Service , v0abiliiy Status Letter — GrAnde Beach De` You have requested St. Lucie County (the "Utility"), to provide you a utility This utility service availability letter is intended to provide a non -binding statement ant status of utility service availability in the areas of St. Lucie County served by the Utility. The Utility would like to confirm available capacity of water, wastewater and reuse services to the above referenced location. This letter is not a reservation of utility capacity and is contingent upon the required infrastructure being constructed to -the site, and payment of application fees and charges. The Utility makes no representation to you that utility plant or line capacity will be available for your Property at the time you request a reservation of utility capacity for your Property -.or request utility service to your Property. -This letter does not bind the Utility to provide utility service to your Property. Sincerely, P.M. Bowers Utility Director cc: Lisa Earl, Utility Service Manger J. Wayne Davis, Project Manager Ray Murankus, Project Manager Received B DEC P 2 2005 Growth Management NOV 0 9 2005 JOSEPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No, 3 FRANNIE HUTCHINSON, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982 • Phone (772) 462-1150 • FAX (772) 462-1153 web site: www.co.st-lucie.fl.us EXHIBIT 10 CORRESPONDENCE August 22, 2005 Mr. Robert Lowe, President Lowe's latemational Realty plus 2901 N. MAway A1A Fart Pierre, FL '34949 Doar Mr. Lowe; Please allow this letter to serve as notice of our intention to acquire rpm as the only financial institution, in the new development to be located at or near 2901 N. Highway AlA in Fort Pim me, Florida. This is contmgeW upon a lease or puss an w4 ment satisfactoiy to the beak for adequate space with driv" location. It is my understanding, that the facility will be available for occupancy, sometime during the ld quarter of 2007. I also assume that as the plans progress, prior to dal approval, we will have some input as to the location of the facility and it's appearance. We, also feel that we can provide a Pharmacy to also occupy sMdanal space adjamt.to the bank. As I'm sure that you understand, this expansion of the Oculina Hank, will also require. regulatory approval: If you need any additional inform don, please feel fivo to contact M Vim' truly yam, A. Matfett ide nt k CEO 1100 Wanner Drive — Pt. Mwea, F6 M"9 — Pbaw. 772.465.3200 Pros 772.465-SM 790 U.S. HWnmy t — vero S@@& 'FL 52962 — Mono: 773.563J212 — FM 772.563.2811 " Z d EZZl 'ON W"nM11nolMk-eC4M YNV9 VNI1R30 NSS:E SOOZ 'ZZ 'InV LETTER OF INTENT September 1 4.2005 Mr. Robert 7 Lowe, CIPS Lowes Intentional Realty Mw Inc. 2901 N. A1A North Hubchiwon Island FL. 34949 Dear Mr. Lowe: This letter will serve as nay intent to participate in your new project located on North Hutchmoa Island. I understand the project is tob-. known as Grande Beach and will include about 8000 square £oet of coaaar kcal one scary space eitw for rotor sale which will ba-deternn acd at a latar date.°by the de .,E;��; . I maderstwd tW-c the sari and or wM beat th� nradua raw-, My Plans are for a 2500. square Italian rwtaur-wt The location to be agreed upon by all parties involved As PO=M ng gm forward we an eonhoue to discuss all the terms, condmom, construcbon dares and prices. All the above items are to be agreed upon by A parties and upon that we can move forward with a fwnal agreement between all parties involved in this transaction. .I am loaitdng farward to this location in your project. This agreenxaot may be cancelled by at any tune agtecamot is signed and is not binding upon tills party in with this I also told and;: that I will be the only dinncr restawnant located in the new plaza.. M Min1r m Smnvi GRI Very Beach, FL. 32960 Gl/bJ/kfJUb 12:47 5614621440 COU PAGE 02/02 CORAL COVE BEACH OWNERS ASSOCiiATION 211 Marina Drive, FL Pierce, ice. 34949 772-4654826 fax: 772-465-9062 August 9, 2005 St. Lucie County Community Development 2300 Virginia Avenue- T` -°Ft.-Pierce, FL. 34982 Ladies and Gentlemen: The. project planned for North Hutchinson Island at the Sands Plaza sounds acceptable and we support it; however, we wish to go on record as opposing any plans to vacate Flotilla Terrace, the street behind the current stores, before the site plans are "set in stone". In other words, vacating Flotilla Terrace must be conditioned on site plans approved by the County Commission and Coral Cove with all assurances that the project will go forward in a timely manner. Sincerely, Nancy Spalding, Secretary. Cc. at. Lucre County Commissioners February 9, 2006 Patrick J. Marcello 219 Riverwalk at the Sands Fort Pierce, Fl 34949 Board Of County Commissoners 2300 Virginia Avenue 'Fort Pierce, Florida 34982 Re: PA 05-008 PMUD 06-001 Re: Grande Beach Gentlemen: I received your notice dated February 3, 2006 regarding the proposed change to the above reference property on AIA We own the home at #219 Riverwalk at the Sands. My property abuts this parcel on the north side. I have met with these developers and studied their proposal to build approximately 85 condo's and some small business' in that complex I strongly recommend this zoning change be permitted. This project would be very beneficial for this vacant property and would certainly enhance the area. Sincerely: P earAcelo/ Mary Patricia Marcello- FEB 16 2006 s_ F&14-2006 04:02PM FRU LOVES III MATIONAL REALTY PLUS INC +TT241TS535 T-943 P.002/003 F-956 Scpb=bw 13, 2M 14k RabW J. Lowr, WS Pied®t IAmm Thimatiomal RsaltgPhi& bw. 2901 N. A><A North Fitrt+ftnm Tsis4 FL 34%9 Re. Pfwdaus letter of 9.12.05 DearMr. Lowe:. _ _ Pkm accep ttds i,a m as an ad&ndm to ourp wlaus lea= dated SvMwbw 12, 2005. It is oW imam to be the only small retail locatieo st ym Qmd B=& mixed we clvvelop�R tlnot is being ueted au ttue site wbr.�e yona ptcscnt al�ce i5 localtsd. This zeta outlet wM fezdtlme a conibbOw of a travel sway and small wore wiflt pe deeps a smau caffieax as if fmi b at this iocsfim We look forward W ]beating addtdonel dem3s about the project. zPam► A Cit+oup la�, LLC P.O. Bmc 32035 LmgweodL-FL 32752-0359 ae/ze 3Wd -MvdL aWwon 69980fLLav ZS=sT 980Z/vT/Z8 rcc-io-LUUD UI:49I'M PMM-LURES INTERNATIONAL REALTY PLUS INC +7724676535 T-065 P.002/002 f-002 FW1 Ego$ 12:36PM FROM{-LOWES INTIMATIONAL REALTY PLUS ANC tYrtosT617s T 6E0 P-002/801 F-111 January 5.2006 RE! Loasing opportunity in Mande Beset+ To Wbom it May concern: This letter Js an atrautpt to acquire a lease available from your company of approltitaately 3000 square fact with the. "clusive: of the only ritstawaat at Gravid 13awk of HutrManson Taland. We. (dba) Lexas Family Restaurant ins. wUl offer a utlditionol meap for breetkfASt, lunch and dinner. zn addition, we would like to iaquice the possibility Of attasnias a.full liquor Hoar►ve upon approval from your company. The prineiple>< of LeXes Faasily Restauraeu Inc. cone with 30 years of cxperience in ibe food service industry - have included several aruclas regarding our reotaaeants. We are interested is Icasing or purcbasing Uw spaces_ Meese contact us at your convenience. - Reg;prd�, Jiro Tvalepis and Luis Kardssia (773.2093104, i313.s39.4262 and 727.332 6726) t -e1 B,4ieusco 'tB MWE*:I t 9003 By of&j FED-20-2006 10:30AN FROM-LMES IN76RNATIONAL FEALTY PLUS INC +7T24676535 T-068 P.001/001 F-006 SANDRA MARTINEZ MXXMxwWw..xrwx..wx...xxw.n.....w.www.nXl.xlw.W1....IN�Y111YNN1r.N1.111.111WINww...wwr.wrw.n.w.wwr.w.r..nnrnwrr.....��..xwnr.r.nwxxxwX.nw..nrw..w�www...w. 3321 Caracal Dr., North HutcMnson Island, F1.34939 772-429-7403 Febr mry 19, 2W6 Dear Mr. Lowe, The Purpose of this letter Is to define our Interest In the mtsillCommerclal spa0e and to oaauro an cxvl w* forany beoucy related "NO" and Produotl: VW it Wing dovoiaped on North Hutchbrson 1914"d On A1A in Ft Pierce. My husband and I have combined experience and expertise In the beauty indusby. We have suocessfu and scale sabns and beauty supPAm We are confident we w0 be an aassset toyour devoeiiOpment and our heighbodng c ommur ft- Our Rion for this sb will be a 90D-1SDQsq_ Ft. rrp sr&ie sale that is Ydt avintbrtable and P�b9.. _ Invtting; In mee�ing the caammurtlt�s needs we wIN_ be protilding quality hair, a�n CM wr,,44" V%% still also pwWg beauty supper to re the oo qual of Oft stop beauty shop. We have obtained our cbrrts with exmilO rt customer Mvc--, and built our reputations on w=ffenoe. We are malted for the opportunity to serve our Community once again. Sincerely, Slgnatiure ,,, i i►: 6E%tleafia�in March 4, 2006 Bill Heam, Chairman St. Lucie County Local Planning Agency 2300 Virginia Avenue Fort Piece, Florida 34982-S652 Dear Mr. Hewn, Received By. MAR 07 2006 Growth Management Re: Petition Number: PA-05.w Please be advised that I own property adjacw to the parcels relevant to the above mfuenced Petition Number, and File Numbers: PMUD "I AND PA405.M. This letter is in regard to the Grande Beach North Hutchinson Island LLC's request for re- zoning property from Commercial status. To better inform myself of issues related to the -. — »-...AQUM fa n7zoning, I.ask you to furnish me with documents related to the initial zoning . Of the properties in question as Commercial. In the event you Are unable to furnish mne with the relevant _ . � _. document _please, Advise me s, to .who I msy .contact to otitaua this At -two point in time, I understand that North Hutchinson Island has lost Comrnacial PPY since the Hurricanes of 2004. I am of the opinion that if any change in zoning is warranted. North Hutchinson Island is in need of more Commercial Zoned property at this time, not less. With this in mind, I *69 to the Dronoaal to re -tong from t2to currently existing Commercial status that Grande Beach North Hutchinson Island LLC has made. Please forward my objection to the proposed rezoning from Commercial status related to the above referenced petition to the St. Lucie County Local: Planning Agency: Please be advised that it has come to my attention that a local businessman, who Apparently has had a business interest in the parcels cited above, suggested that Commercial endeavors would be unable to demonstrate profitability at the above referenced sites. 71be assertion that the above referenced properties would not be profitable as Commercial properties is speculative and wrong. I understand. that the previous business owners (lessees) at the locations cited above expressed interest in . reopenint their businesses following the Hurricanes of 2004 and were prevented from doing so due to the property oww's failure to mane needed mpairs to the building strtuc1. ... - Business owners would not have been interemd in reopening their businesses if they believed they would fail to snake a profit. Further, in comidwati& of the Pnuposai, it is my opinion that the County government has an obligation to the welfare and interests of its residents before considering the self-interest of developers and involved Real Estate agent(s). Please be advised than I raised the same objection to re -zoning to you in your position as Chairman of the St. Lucie County Planning and Zoning Commission in a letter to you dated February 10. 2006. Since my last letter, I have additional grounds to raise for objecting to the proposed changes. based upon Grande Beach North Hutchinson Island 2 LLC's FmOntation of plans to build three story/tim fondly structures on the cited in the File Numbers and Petition Number listed above. parcels PfOPMties adjaccnt to the above referenced parcels are all one -family dwellings. Three story/three fanilY structures do not fit within the adjacent property context. Wile the Grande Beach developers auy see an opportunity for hi gh profits population sty FoPonl, this is unwanted and incongruous with the h their increased �!� V+operties. [ believe a �0�°w �� the homes of horns could enerate a proms for the constntction of higher end single family g gnificarrt profcta for a developer and would be more palatable to odjww propcny owners, notwithstanding the need for Commercial cnterpirim. I believe the self-iotereat of the Developer and involved Real Estate Agents) could be served by the pwsuit of high and single family home development without a change in zoningproperties the Commercially zoned parcels, without degradation to environment of the of ....�tt�n;..�omoowrters. of proposed*=* Ucreaae ahrough'tbaC3rAnde,Besch dewelo pars' proposal would ' `=-pe=.ol atmosphere of the Coral Cove arm' -71 a addel noises and lights.emfttittg front a high density development would -radically and negatively change the environment, Further, the Proposed construction with lessened drainage from the cummt landscApe will present increased risk of flooding. I have enclosed pictures (4) that show the flood risk of the am and were taken after Hurricane Wilma, The pictures indwate ALtbUt of flood with the adva_M= of h umm ed and u evelop !N (parcels cited above) which allowed drainage from this one storm. The incrqued population density proposed would reduce potential flood water drainage and ROM a peril to adjacent homes. Pleaaa forward my objections to the proposed rezoning from Commercial status related to the above referenced petition.to the St. Lucie -County Local Planning Agency. - Thank you, Michael C. Riordan- 213Merim Drive _...... _.. Fort Piarce, Florida 34949 Enclosures (4 pictww) March 11, 2006 Bill Hearn, Chairman St. Lucie County Local Planning Agency Board of County Commissioners 2300 Virginia Ave Fort Pierce. FL 34982 1uawa6PUL3kv ylnnoaq A8 pan!ao% RE: Grande Beach North Hutchinson Island, LLC Development Dear Mr. Hearn ,. —A!e are �vrting.rngarding the above de elopi t Uecause w anticipate that we will not be able to attend meeting being held on Thursday March 16, 2006. Based on the preliminary PMUD site plan dated 7/1/05 we wish to voice our support for the development as proposed. This development is very important to us because of its location directly across from our home. We are located at the corner of Marina Drive and Flotilla Terrace. It is our opinion that the location of the residential buildings, as designated in the site plan, with the 10,000 sq foot of commercial buildings in the middle of the development will be an enhancement to our neighborhood. We understand that there has been some discussion about increasing the. commercial space to 25,000 or-50,000 sq fft. We think increasing the - commercial space would be a mistake. This opinion is based on the _ following: 1. The existing 7000 sq ft facility historically had a vacancy rate of approximately 40%. This. unacceptable vacancy rate only improved the last two_years before the hurricanes hit in 2004. The vacancies were filled by a restaurant expansion (Mama Rosa's), North Beach Cafe, and a title company/attorney office. 2. Mama Rosa's and North Beach Cafe never appeared to be overly busy. We imagine that they were able to keep the doors open because of the low rent of the old Plaza.. I don't think a new location would be able to provide rents that would come close to matching the rents they had. 3. In the past we have never heard of any large corporation considering opening a location on the island. Why? Because it's not feasible on the island. Why isn't there a Bank on the island? Ask your local Bankers (Riverside or Harbor Federal). I think they'll give you the same answer. If you get a local bank to commit to a long term lease on the island then I'll change my opinion. 4. Finally, as we were coming home last night from Vero (Friday Night), we passed Norris's Restaurant and Dino's Restaurant. Both were packed to capacity. Then we stopped at Sharkey's to pick up a sandwich and it was empty. Sharkey's is the only place to get food on the Island and it was empty: at 6:00 on a Friday night. That should tell you something. The only time that they are busy is at lunchtime from non-resident construction and service workers on the Island. In conclusion we ask that you don't increase the commercial space and hold the developers accountable to develop the property- as outlined in the Preliminary Site plan dated 7/1/05. We appreciate this opportunity to voice our concerns and please call us at 460-1049 if you have any questions. Thank you. Sin erely, Karl and Beth Williams 203 Marina.Drive. Ft. Pierce, FL 34949 cc: St. Lucie County Board of County Commissioners Doug Anderson, SLC County Administrator X4. 1, (46a�s4as 7;6 a,46� X4� MAR 14 2006 10i / Growth Mono-amrt i � �� i / � �i i � 1 7 i ' ' /' ' � i d � L�� _ . �-- ��-_ ��=� i i ,. i� v , / i./ � � � _� � / i � � ' " ' a ' � _ � / � � � ,r � � � � I i' � �' � � / � / � � � � , i � � �� / � w i / � / ' � , / /' � out ,,e C.d'iR,e �-� uc(CGGC�'ZC�2 �i / /� / � � , .� i � � � �. :� �_ _::.-.._ ... - - C / ` _ / �� From: "Debrah J. Agnello" <dagne01@charter.net> To: <HankF@stlucieco.gov> Date: 3/16/2006 5:02:14 PM Subject: March 16th Planning & Zoning meeting... St. Lucie Planning & Zoning Board Re: Request for rezoning of the parcel fka Sands Plaza Chairman Hearn and members of the Board; When we bought our properties on North Hutchinson z Island five years ago, we were leaving the walled -off, overbuilt beach of Palm Beach County. As title abstractors, we did a tremendous amount of research on the current zoning and land use of North Beach. We were attracted by the pristine nature of the beaches and the small community flavor of the barrier island.. Since that time, multiple -hurricanes and over development have robbed us of any service& and- amenities we once had. The former Sands Plaza is the last piece of commercially zoned property on the island. The current owners are asking to have the zoning changed from commercial to residential, enabling them to build even more condominiums, slamming the door shut on any chance for retail, hospitality, dining or other commercial services in our community. Recently, our county representatives have made great strides in protecting the small-town nature of the northern county with projects such as the North County Charrette. The south end of North Beach was set aside as the designated area for commercial services decades ago by a forward -thinking county commission. They realized, as we know you will, that the residents of our barrier island have the same right to local services as any other community in St. Lucie County. We should not have to go to another city to get a cup of coffee and a sandwich or make a bank deposit. In this county, communities similar to ours, with more than 4000 residents and thousands more projected, plan for 2.5,000 to 50,000 square feet of commercial space. The Treasure Coast Regional Planning Council's own paid expert opined that 30,000 to 35,000 was a reasonable amount of designated commercial space for North Beach. I believe this is the same expert who is responsible for the Towns, Village & Countryside concept ,the county has adopted. Your approval of this rezoning petition will leave us with zero. As stewards of our quality of life, as well as of the county's land interests, we know this board will not be swayed by yet another developer and will vote -not to approve this rezoning petition. Sincerely, Debrah J. Agnello - - Noel A. Hoover Owners, Parcel No. 142312000220001 & Parcel No. 142312000230008 CC: <DianaW@stlucieco.gov> Lawrence S nkowsk Grande Beach Mends, Nix.doc Pa e 1 Craig Mundt 5051 N. A1A #12-1 N. Hutchinson Island, FI 34949 Phone/Fax 772 465-2001 March 15, 2006 Mr. Robert Nix Director St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, FI 34982 Re: Grande Beach ,_Dear. iJtr. Nix-= Tuosday morning 1 watched as the Board of County Commissioners had to weigh in once again on the Waterstone/Emerson Estates issue which has ensued due to various interpretations and perhaps some lack of clarity in plans and definitions at the beginning. Clearly the BOCC does not wish to revisit it and guided staff to work on some issues and better policies. This brings me to my point. Last Saturday I received by Federal Express a 20 pound package which contained the agenda and materials for this week's meeting of the Planning and Zoning Commission. You have seen it and I'm sure calculated that -this is going, to be a midnight meeting. The last agenda items were for Grande Beach, which is a very complicated issue as intertwined are an abandonment, a future land use change, a rezoning and preliminary site plan all in a cascading event. In the package were two staff reports and backup regarding this item; however there was no site plan. Was this missing in my package only? As this item had been on last month's agenda, I reread the modified staff reports and absent an included site plan, assumed and continued to rely on the fast site plan submitted to us dated with "Staff Comments 12-06-05". Monday evening I received a call from a North Hutchinson Island resident who asked a couple of questions, with which I was not familiar, about Grande Beach. Thus, Tuesday afternoon, after the BOCC meeting, I went to the Growth Management Department and asked to see Larry Szynkowski, planner for this project, and a copy of the Grande Beach Preliminary Site Plan. With just a cursory examination I noticed substantial adjustments which do not appear on the site plan, which I have been working with at home. I asked for a copy and he said to take the one we were looking at. 1 had several other meetings Tuesday and couldn't look at the plan until last night. There are a lot of changes. The assumptions I had made, the opinions I had formed, and the questions that were to be asked on Thursday would be radically altered by this new data and a new set of questions are being formed by what I see. Public perception could change as well. Lawrence S nkowski - Grande Beach A ends Nix.doc ........ _ Page 2 When was this material to be presented to the P&Z Commissioners and why was staff selective in sending the old site plan but not the new? I believe the intent of sending P&Z materials to members of the commission several days in advance is to allow for proper preparation: I know when I sit down to work through our package; I have the Comprehensive Plan and Land Development Code nearby and refer to them regularly to verify many items for compliance. Maybe the long time members and professionals can do it from memory but I'm not there. If the plans sent to us were perfect we could wave them through and there would be few questions. But in many instances, they are far from perfect, and the Commissioners do ask a lot of questions.and valid issues important to the community are raised. _ Tie ate plan I picker up yesterday has "Staff- Comment" dates 12-06-05 and 02-14-06. The question I ask is why wasn't this availabje to us for -the February 1frmcting and included for the Mach 16, 2006 meeting? 14on`t think my time has been wasted familiarizing myself with the earlier plan but there are some major transitions. Is there anything other DRC members need to comment on? I also would not be comfortable with the Growth Management Planners and the applicants agents "talking us through" the changes late at night after an exhaustive session with the prior applications. That doesn't allow for the detailed examination each of us is entitled to give and defeats the purpose of having materials in our hands on a timely basis. It could further lead to an oversight that is our future "Emerson Estates" where someone will say, "It was right there on the plan you approved" or "Don't you remember we talked about it that night." The County Commissioners are making it clear so these mistakes are to be avoided. As the issues are all interwoven, previously stated, I would not be comfortable in hearing the Future Land Use and Rezoning changes by themselves should such a suggestion be made. It is far more important that this be "done right" rather than "on time." I respectfully request that the Grande Beach issue be removed from the St. Lucie County Planning and Zoning Commission Agenda for Thursday March 16, 2006 and notification made today. Craig Mundt Member of the Planning and Zoning Commission Cc: William Hearn, Chairman SLC Planning and Zoning Commission Doug Coward, Chairman St. Lucie County Commission Lawrence Szynkowski- Re: Mr Munot has requestea tnaz finis ieuer oe rorwarueu to amp ismucia ui ais ri raya From: <chasgrande@msn.com> To: "Gil Backenstoss" <backeng@stlucieco.gov>, "Bnjheam" <Bnjheam@aol.com>, "Elounds" <Elounds@aol.com>, "pamhammerfl" <pamhammerfl@aol.com>, "Ramon Trias" <ramontrias@aol.com>, "Susie Caron" <Ronemuss1@aol.com>, "jmknapp" <jmknapp@bellsouth.net>, "Craig Mundt" <Icmundt@bellsouth.net>, "mefirst" <mefirst@bellsouth.net>, "Kathrine Hensley" <hensleyk@stlucie. k 12. fl. us> Date: 3/16/2006 2:30:39 PM Subject: Re: Mr Mundt has requested that this letter be forwarded to allmembers of the PI Gil: While I have received Mr. Mundt's attached letter, I did not receive any indication of a decision made by either you or Bob Nix. 1 would expect that, based on the information passed along by Mr. Mundt, you would have to consider postponing the hearings related to Grande Beach. Assuming you have considered his request,. I would hope you would email all of us with your decision so we would be prepared for the full list of agenda items without spending time on items that will not be heard. — If you-hdv& rouk reached -a deois'l-3 as Vez;- (n i;:put :�u�-` `►,e ccrosrvter. u�r' h Mr-Mundt's. Based on his description on the level of change in the latest plans which the rest of us have not seen, I don't see how we should be reviewing the applications. Moreover, I believe this is an administrative decision that should be made by senior staff. I would be very disappointed if the staff was planning to present it to us for public debate. Thanks, Chas --- Original Message From: Gilbert Backenstoss Sent: Thursday, March 16, 200612:56 PM To: Bill Hearn; Edward Lounds; Pamela Hammer; Ramon Trias; Susan Caron; John Knapp; Craig Mundt; Stephanie Morgan; Charles Grande; Kathryn. Hensley Cc: Heather Young; Robert Nix; Lawrence Szynkowski Subject: Mr Mundt has requested that this letter be forwarded to allmembers of the Planning and Zoning Commi Mr Mundt has requested that this letter be forwarded to all members of the Planning and Zoning Commission. _ Gil Backenstoss, L.A. Assistant Director Growth Management backeng@stlucieco. gov Office 772-462-1594 Fax 772-462-1581 CC: "Heather Young" <HEATHERY.VAAVE_P.SLCMAILD@stlucieco.gov>, "Robert Nix" <NixR.VAAVE_P.SLCMAILD@stlucieco.gov>, "Lawrence Szynkowski" <Szyn kowL. VAAVE_P. SLCMAI LD@stlucieco. gov> LARRY D. STORMS 3150 No. Hwy. A1A, Suite 1102 North No. Hutchinson Island, FI 34949 PH: (772) 464-2260 E-mail: LarryO-2FloridaStorms4u.com, March 16, 2006 Mr. William Hearn, Chair St. Lucie County Planning and Zoning Commission/Local Planning Agency 2300 Virginia Avenue Annex Fort Pierce, FL 34982 RE: Proposed Grande Beach Development; 1. Proposed Future Land Use Designation Change from COM, Commercial to Mixed Use Development, MXD: 2. Proposed Change in -Zoning from.CG (Commercial General) to PMUD (Planned Mixed Use Deveapment) Zoning. Di4 it -i� r" Ntl .Proposed 'T Iknary_ — t . niad-Mixddd tjso i ��celopment,, PMUD, t Preliminary S te-Phan") Approval; North Hutchinson Island, FL Dear Mr. Hearn: I am resident of North Hutchinson Island where my wife and I have owned a condominium for about 9 years across Highway A1A and north of the proposed Grande Beach development property ("Property"). The Property is now occupied in part by the "remnants" of the Sands Plaza Shopping Center which was essentially "closed" after the building was ravaged by the September, 2004, hurricanes. I have several concerns with the proposed actions referenced above. I am providing the comments that follow as a "concerned citizen" of St. Lucie County and, although I do provide consulting services to a variety of clients including site and land developers on -a fee basis in several states, I am offering my comments here without compensation from any party. In .addition to being a "concemed citizen," I am also a Director for the North Beach Association of St. Lucie County, Inc. ("NBA") and the Vice - Chair of the NBA's Land Preservation Committee- ("LPC") and I have read the letter you have received, which I have referenced herein, from the LPL's Chair, Diane Andrews. However, my included comments and my presentation to the St. Lucie County Planning and Zoning Commission/Local Planning Agency ("P&Z") are not made in representation of the NBA or the LPC: I am, also, a St. Lucie County Board of County Commissioners ("BOCC") appointed member of the Smart Growth Advisory Ad Hoc Committee. However my comments and presentation to the P&Z are not made in representation of that Committee. I am, also, the Key Contact/Liaison representative to the BOCC from the Realtors Association of Indian River County Board of Directors and that organization's Governmental Affairs Committee: However my comments and presentation to the P&Z are not made in representation of that organization or that Committee. Since my comments below reflect my professional opinions, I have included a curriculum vitae to familiarize the P&Z and any other interested party with my background. To summarize, I am a Professional Engineer registered in Florida, Colorado and California; an experienced Land Use Permitting and Regulatory Affairs Consultant; and a Real Estate Broker licensed in Florida and Colorado. I have more than thirty years of public and private real estate and site development project experience and I believe I am qualified to offer the following comments: OVERVIEW: An approval of the Grande Beach Development, as proposed ("Proposal"), would be an egregious forfeiture by St. Lucie County of the last opportunity for North Hutchinson Island's ("NHI") residents and visitors to participate in some of the benefits associated with a "traditional." development pattern, including being able to walk or bike to a "convenience center" that serves their "daily needs." Such an approval would be a "forever decision" that would, effectively, relegate these residents and the visitors to NHl in perpetuity to their cars and to "off -island" shopping. Is this what we learned to be a desirable development pattern from the TVC Charrette and Plan. processes?? `Comments related to the Proposed Future Land, Use Designation Ctiange from-COM, - ..marerciaUse, Devsj.00... D(/_ The existing "Commercial" Land Use designation is consistent with. the GOAL of the Comprehensive Plan ("Comp Planj and its related Policies. The development of the property as "commercial" will help attain the stated Comp Plan GOAL of providing "the highest quality living environment possible, through a MIXTURE OF LAND USES reflecting the needs and desires of the LOCAL RESIDENTS" by serving those residents' "daily needs." 2. The Proposal is predominately a RESIDENTIAL development with, relatively, a pittance of COMMERCIAL included. As staff notes (March 7, 2006, Future Land Use Change Amendment Memorandum), the Applicant proposes several, creative "Sub Area Policies." This is an effort to "fit" the Proposal into the MXD Land Use and into the PMUD, Planned Mixed Use Development, Land Development Code ("LDC") requirements. These efforts, discussed later, to contort the MXD Comp Plan and the PMUD LDC designations and requirements are contrary to Comp Plan policy: "Plans for development or re -development SHALL be consistent with the Overall Plan Goal." The "contortion" efforts are, also, contrary to the stated Comp Plan GOAL which is to be ensured by "strictly enforced building, ZONING AND DEVELOPMENT CODES." Further, the "contortion" efforts are out of synch with the Comp Plan's cautionary language related to the MXD designation, "Application of this district should be with PRUDENCE.." 3. The Future Land Use Element, from the Comp Plan, "presents a pattern of development.for the future growth of St.. Lucie County" and "is intended to serve as the foundation for the BALANCE" of the many Comp Plan Elements. The Comp Plan is "to direct the location and intensity of development for the VARIETY OF USES NECESSARY FOR A REALTY AND DIVERSIFIED COMMUNITY." The COMMERCIAL designation of the property did not just "happen" and it should not be changed whimsically. The "Commercial" Land Use designation and the primarily "commercial" development of the subject property is a critical component in 2 establishing the BALANCE of land uses necessary to and for the benefit of NHI's residents and visitors. Staff, inaccurately, characterizes the Proposal and the Property as "the redevelopment of an existing commercial site that contains a MOSTLY VACANT STRUCTURE, and that has had a commercial designation since 1990 without successfully redeveloping." This inaccurate characterization suggests: 1. There has been very little or no "demand" for ANY additional commercial on North Hutchinson Island, NHI, "since 1990" and 2. The property and structure are vacant due to that lack of demand, ignoring the FACT that previous owners recognized the structures "Functional obsolescence" (loss of value due to factors within the development itself) years ago and, realizing the significant "scrape off' value of the property, chose not to rehabilitate the structure. The situation was exacerbated by the hurricanes and the previous owners' reported "reluctance" to rehabilitate the building to continue to lease to past tenants and/or to new tenants presumably because 'Ionants" could complicate future salesidevelopment plans. Interestingly, maybe contrary to the above, the staff report states, "The Growth Management Department believes that there may „nQed-fa.UP TO 25,000 SF O GIIAI�I� ot#ha iala :�.�." -Othe "shidles7 ci3O, in the me!ated letter to -the P&Z from the Land Preservation C:,r tfnMee ("Li�C"_) of the North Beach Association of St. Lucie County, Inc. ("NBA") forecast a demand for "commercial and retail" from about 20,000 to about, reasonably, 50,000 SF of space. 4. The "value" of and "need" for "neighborhood commercial centers" on NHI has been_ recognized by St. Lucie County many times during past years. For example, BOCC Resolution 74-06, "Plan for Hutchinson Island," states, "Neighborhood commercial centers should be developed in each planning unit in an EFFORT to provide. a neighborhood focus and ALLEVIATE THE NEED FOR CROSSING TO THE MAINLAND FOR CONVENIENCE ITEMS." Further, that Resolution states, "create TOURIST CENTERS on North Beach". and "planned shopping centers should be located adjacent to A1A on a minimum site size of four acres and CONTAIN UP TO 50,000 SF OF FLOOR SPACE." Additionally,, BOCC Resolution 86-01 states, relative to NHI, "the smallest- planned shopping centers -should be located on -a minimum site size of four acres and contain approximately 50,000 square feet of floor space." 5. Staff in several comment sections, reduced to one quote for an example here, states, "this project should not be required to provide all of the additional commercial need" on NHI and "there is other land that may become available for further commercial use through redevelopment." WHERE? There are no other "commercial" properties of significant size on NHI and "rezoning" an existing. property is not an option as the LDC states, in part, "NO APPLICATION for an amendment to this code, shall be accepted which proposes to CHANGE THE ZONING CLASSIFICATION of any land on North or South Hutchinson Island to a classification OTHER THAN to ....HIRD, PUD, PNRD, PMUD, U, 1, RF,.." one of the therein specked, various residential districts. NO MORE REZONING TO "COMMERCIAL"I What "commercial" exists on NHI is all there can bel K7 6. A few miscellaneous comments in response to the staff report: A. Relative to complying with the Comp Plan's Transportation Element's Goal's, staff states, "this amendment will include a transit stop within the proposed development." WHERE? Not found on the Preliminary PMUD Site Plan provided by the Growth Management Department revised to reflect "staff comments, 12-06-05." B. The traffic analysis discussion states "the current Commercial Future Land Use would generate an estimated 10,656 trips, almost SEVEN TIMES as many as the Mixed Use designation." Is that to say the "205,000 square feet of commercial space under the CG (Commercial General) Zoning District" is a "permitted use" and not subject to Site Plan review and approval including FAR ratios, setback requirements, etc. and, therefore, it is a fair comparison to the Proposal? Are there no other reasonable alternatives to "205,000 square feet of commercial space OR the Proposal? C. Regarding the Level of Service demands for Parks, staff states, "with a person per household rate of 2.47 (Census 2000), the total population is estimated at 207 that will be MOSTLY SEASONAL. The standard of 5 acres/1000 population for community parks produces a demand of 1.035 acres in community park acreage to meet the needs of the proposed residents." WAIT! If the "SEASONALITY" of the future and."current residents DOES NfJT;£HAbIGE s_paei or "demand" for pairlrs�-why is it 84 SIGNIFICANTLY-accounted#or when the Applicant forecasts "the _. — market potential for commercial develepmenY _ NHI? --- -- The "seasonality" of.NHI residents and visitors is often cited to support the Applicant's positions but never quantified or referenced as to "source"! As discussed in the above reference NBA letter, the "seasonality" picture is changing dramatically with the Baby Boomers' influx. Possibly more important, although this "demographic change" with the Baby Boomers will certainly increase the number of "primary residents," is the "fact" that there are additional developments planned in the County and those "visitors" (e.g. "off -island County residents") will use the BEACHES on NHI and they will "demand" services from the local retail and commercial businesses on NHI. NHI BEACHES will likely be the preferred beach and boat ramp areas for the TVC Area residents (about 37,500 new homes), the areas along the Indrio Road Corridor outside of TVC (24,600 new homes), new developments along Highway 1 and the Dixie Highway (e.g., Coconut Cove), etc. An approval of the Proposal will be to the detriment of not only NHI residents but to thousands of "visitors;' as well. The "seasonality" myth can also be addressed with anecdotal -evidence: Visit NHI on a SUMMER DAY when all of the "residents" have allegedly "returned north" and wait in line at one or both of our two remaining "commercial" businesses for fuel and/or a snack at Cumberland Farms or a sandwich at Sharky's. Then explain how the "off -island visitors" don't create "demand" for services on NHI. Finally, recall that Highway A1A was recently named a Designated Scenic Highway. A "convenience center" would, certainly, complement those additional, attracted travelers' experiences on NHI and benefit the businesses that would locate in such a center. 4 Comments related to the Proposed Change in Zoning from CG (Commercial General) to PMUD (Planned Mixed Use Development) Zoning District AND for Preliminary Planned Mixed Use Development, PMUD, ("Preliminary Site Plan") Approval: The Planning and Zoning Commission/Local Planning Agency ("P&Z"), March 16, 2006, Agenda includes the Change in the Future Land Use designation, item no. 10, and the Change in Zoning as stated above, item no. 11, BUT the Preliminary Site Plan is not listed on the referenced Agenda. Although the approval of a Preliminary Site Plan is subject to a public hearing in accordance with Section 11.00.04 of the LDC, and it is subject to review relative to the standards of Section 11.02.07 as required by LDC 11.02.05.A.9, the Preliminary Site Plan should not be considered by the P&Z at the referenced meeting as the public, as a common courtesy if nothing else, has not been made aware of the P&Z proposed action by the Agenda. In addition, the March 1st Growth Management "mailed notices" sent to proximate property owners addressed only the Change in Zoning and the Change in Future .Land Use proposals and did not provido-eL!'puhlic katicf w "b ic. hearing forpre . inary ohnt±�ad Mixed Used- Developmen#Approvoi,,'.which is understood to be customary and-*-policy-established by "precedent," which is a term staff has used in another context to agree with the Applicant's proposal to create "Sub -area policies." Further, first, NBA was advised on March 14, 2006, that the Applicant has submitted a revised Preliminary PMUD Site Plan with a revision date of "2/14/06" ("Revised Plan") and it is understood the Applicant purports, apparently, to having addressed staff and the Design Review Committee's ("DRC") noted "deficiencies" with this Revised Plan. First, NBA understands the P&Z members and, certainly, the PUBLIC have not had an opportunity to review the Revised Plan. Second, there is no indication that the staff report (March 7, 2006 Change in Zoning Memorandum) which relates to the "change in zoning" AND the "Preliminary Site Plan" reflects a review of the Revised Plan OR' is there evidence the "Chairman of the DRC" pursuant to LDC 11.02.05.5, did "notify the Community Development Director that the Site Plan (added: Revised Plan) is READY for presentation to the Planning and Zoning Commission." As such, the Applicant should revisit the Preliminary Site Plan process by resubmitting the Revised Plan for DRC review after the Community Development Director deems the Revised Plan is "complete" for review (LDC 11.02.05.A.1) and then proceed with the process following DRC in accordance with the LDC requirements. Accordingly, the Preliminary Site Plan should not be considered by P&Z until the above steps are completed. Ignoring these,"procedural errors' could invite an aggrieved party to seek a temporary restraining order ('71101 to stop any further action on the Proposal and, possibly, the actual development if _the Proposal were approved and construction proceeded. The TRO could be followed by a petition for injunctive relief. Such actions could have negative consequences, potentially, for the Applicant and/or. St. Lucie County. 2. The staff, in considering the Standards for Review of proposed Amendments to the Code and Official Zoning Atias, per LDC Section 11.06.03, states relative to "standard A," or "1" in the staff report, "The Applicant is requesting Preliminary PMUD approval for the entire 9.44 acres of land including four parcels." LDC Section 11.02.10, related to the "Preliminary Site Plan Requirements," requires, "THE OWNER'S SIGNED CONSENT TO THE FILING OF THE APPLICATION." Staff indicates that about 1.5 acres, consisting of two alleys and the Flotilla Terrace Extension right-of-way are included within the 9.44 acre "project" There is no evidence presented that the St. Lucie County Board of County Commissioners ("BOCC', which has "jurisdiction and control" of these properties pursuant to LDC Section 11.10.01, has relinquished its ownership interest which does not occur until various documents (e.g. the proof of publication of notice of public hearing and a copy of the notice of adoption of the resolution approving a petition for abandonment) are RECORDED (LDC 11.10.09), following the related abandonment public hearing. THEREFORE, if this premise is correct and if the term "owners" includes the BOCC's interests in these public properties, then the County needs to be a "co -applicant" for the Preliminary PMUD approval OR the Applicant --- needs to secure ownership of -the alleys and -right-of-way:PRIQR to filing an -1 €,atiar-for-P^Eli�rana ,PMLID approval:= The Future Land Use Change staff report, discussed earlier, states "the abandonments need to be completed prior to the Board of County Commissioners action on this matter." The staff states, "The applicant has concluded negotiations with the Riverwalk at The Sands Condo Association for abandonment of the northern alley. The Association's consent to the alley abandonment is expected in the form of a Quit Claim Deed prior to the hearing. Abandonment hearings will take place prior to the BOCC review of this amendment" to the Future Land Use Plan (from the staffs March 7, 2006, Land Use Designation Change Memorandum). LDC Section 11.10.02.13 requires the Applicant to file an "application"'which shallbe on the "petition form prescribed by the County Engineer.." Further, that section requires "any petition for abandonment of rights -of -way shall _be signed by all owners of abutting property." Presuming. "rights -of -way" includes the above referenced "alley," which it apparently does based upon staffs above quoted statement, this section seems to require the Sands Condo Association's signed consent to be submitted with the APPLICATION and the PETITION; not "prior to the hearing." The section does not provide for the signature to be in the form of a Quit Claim Deed. It is understood that the "Request for Permission to Advertise Public Hearing - Petition to abandon.." was on the BOCC's March 14, 2006, Agenda with the intent of setting the related Public Hearing for April 4, 2006, at 6:00 P.M., BUT the matter was "continued" or "tabled" to consider allowing the abandonment hearing to coincide with the 3 proposed land use actions. Accepting the "ownership" premise discussed above and assuming the County is not a co -applicant with the developer in the Preliminary Site Plan process and recognizing the "ownership" does not change from the BOCC to the Applicant "at the hearing" but only days or weeks later when the several " abandonment related documents are recorded, it would appear the Applicant needs to "buy" the rights -of -way and the alleys and have the abandonment process completed BEFORE proceeding with the Preliminary Site Plan process. The BOCC during its January 30 & 31, 2006, Strategic Planning Session held at Panther Woods discussed "Should the County receive value for the abandonment of County interests and increase the abandonment fees." It was then noted the County abandoned 13.32 acres in 2004 and 5.40 acres in 2005 and that there would be "little cost except staff time to amend the St. Lucie County Land Development Code and the schedule of fees" to establish a "privilege fee based on a fair market value appraisal upon Board approval for the abandonment and vacation of the interests of the County." Several of the Commissioners said "we need tougher criteria and a reason or a study as to why we should abandon public lands." The Commissioners participated in 3 "straw votes" and directed staff to proceed to implement their "direction" for formal consideration by the BOCC. The results: 100% for "more stringent criteria for abandonment;" 100% for the "PRIVILEGE FEE;" and 100%.for increasing the filing fee from $250 to $500. It is understood that staff has not presented its recommendations to the BOCC for consideration and action as yet. Considering the above and the likely almost "pending legislation," it is suggested the Applicant consider offering to voluntarily "buy" the needed right-of-way and alleys and conclude that "purchase" before proceeding with the land use matters. As to "price," there are four parcels in the development Property, plus the right-of- way and 2 alleys that would need to be abandoned/vacated by the BOCC. The "private" lands sold for (5/26/05) $7,200,000 for 7.73 acres (Property Assessor's Web Site) which is $931k/acre ($21.38/6f). The alleys and Flotilla Terrace right-of- way add to about 1.53 acres, more or less, based upon a rough estimate scaled from the Applicant's drawings. At the per acre price they PAID, not to mention appreciation that should be paid to the county, The Applicant should pay the County about $1.42 MILLION to vacate/abandon these "public" lands. Of course, in the alternative, the Applicant can propose to develop the property he "owns" and not include the right-of-way and alleys as a part of a revised proposal. 3. The staff, in its March 7, 2006, Change in Zoning AND Preliminary Site Plan Memorandum) in considering the Standards for Review of proposed Amendments to the Code and Official Zoning Atlas relative to "standard A" in the LDC 11.06.03, `whether the proposed REZONING is in conflict with any applicable portions of the St. Lucie County LDC," lists SEVERAL, BUT NOT ALL, of the "Purpose" statements from LDC 7.03.01, which addresses the "purpose" of the Planned Mixed Use Development, PMUD. Staff FIRST states its position "the proposed REZONING has been determined to not be in conflict with any applicable provision" of the LDC. Then, staff addresses LDC 7.03.01.A,B,E (C in staff report) and F (D in staff report), BUT DOES NOT ADDRESS "D. Allow for a juxtaposition (Added: "a side -by -side position") of land uses both horizontally and vertically, not_otherwise allowed." WORSE, staff only lightly addresses and, then, essentially dismisses "C. Encourage a broad range of services (SHOPPING, employment, schools, recreation, etc.) in CLOSE PROXOMITY TO THEIR NEED." The staff report considers the Proposal in a vacuum and states "the development cannot provide a broad range of services on 9.44 acres." Why not recognize the demonstrated "need," which has even been recognized and adopted by resolutions twice by the BOCC, for "about 50,000 square feet of commercial" on NHl and the FACT that this Property has and may be the only remaining property 7 (i.e. "forever decision" if Proposal approved) with the designated Future Land Use and the "commercial" zoning that can fulfill'that need. The Question, "whether the proposed REZONING is in conflict with any applicable portions of the St Lucie County LDC," needs a response that considers the Proposal relative to the "community" of NHI AND the greater St Lucie County "community" and demonstrates that NO applicable portion of the LDC is in "conflict" with the Proposal. To the actual staff comments: HOW does staffs response to the above "conflict" question with "the applicant is proposing to enhance the project by providing providing colored pavers, street furniture, landscaping, and on -street lighting.". demonstrate that the REZONING IS NOT IN CONFLICT WITH THE LDC? Parts of the staff comments read like marketing brochure for the Proposal not a professional review relative to the REZONING criteria in LDC 11.06.03. LDC 11.06.03.D, listed as staff report item "4," asks "whether there have been changed conditions that require AN AMENDMENT" TO THE ZONING MAP?" Staff states, the "hurricanes damaged the existing 7,000 square strip center causing all but one tenant to leave." The commercial property has NEVER been fully occupied." The premise is incorrsct as -it suggests, as discussed earlier, -NO DEMAND for ncammercla1"-on NHI... Worse, is "HURRICANE DAMAGE" -sufficient justification for a CHANGfNG'THE ZONING-O=pROPERTY11-Another. staff 'report item 8, LDC 11.06.03.1, responds to the question of "whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of the St. Lucie County Land Development Code" with the proposed REZONING "would not be in conflict with the public interest" and "is in harmony." There should be sufficient information above to conclude the Proposal is neither "not in conflict" nor is the Proposal "in harmony" without repeating it. 4. The staff, in its March 7, 2006, Change in Zoning AND Preliminary Site Plan Memorandum) In considering the application for Preliminary Planned Mixed Use Development approval, which includes a review of the Preliminary PMUD Site Plan submitted by the Applicant, although it is not noted "which" version of the Preliminary Site Plan was reviewed (e.g., 7-1-05 OR 12-06-05 OR 2-14-06) as discussed earlier, staff finds "the application for Preliminary Planned Mixed Use Development (PMUD) approval has been REVIEWED for consistency with the provisions of the" LDC 'hand "has been DETERMINED to meet ALL APLLICABLE STANDARDS FOR REVIEW. LDC 11.02.05.A.3 and4 require the Preliminary Site Plan to be reviewed to °determine that the application complies with the standards of section 11.02.07" or that the Applicant is informed of any deficiencies. The "Standards for Site Plan Review," LDC 11.02.07, are NOT EVEN REFERENCED IN THE STAFF REPORT. To pick a one of those standards ("site plan approval shall be granted only if the applicant demonstrates the following"), "A. Consistency with local ordinances and the comprehensive plan" has not been demonstrated. 5. The Applicant, as discussed earlier, NEEDS to "amend" the LDC and the Comp Plan; as discussed in staffs March 7, 2006, Change of Land Use Memorandum, as the Proposal DOES NOT COMPLY with the requirements of LDC 7.03.00, Planned Mixed Use. Development. Refer to NBA's related letter for several Applicant requests, which are essentially "waiver requests," and note, interestingly, these requests are not discussed in staffs March 7, 2006, Change in Zoning AND 8 Preliminary PMUD memorandum. A few of the Applicant's proposed "Sub Area Policies" or, "contortions," are included below, somewhat paraphrased, along with the related LDC requirement: A. The Applicant proposes to limit the residential land uses to 84 condominium units. Within the PMUD, per LDC 7.03.03.A, "residential land uses may not exceed 40% of the PMUD." The "waiver" request takes the Proposal from about 35 units that would be allowed to 84 units; B. The Applicant proposes the maximum non-residential square footage permitted is to be 10,000 square feet. LDC 7.03.03.A requires a MINIMUM "gross acres" of 1.0 acre for Professional Services/Office and 1.0 acre for Commercial, since it is understood the Applicant has indicated that both of those "land uses" would be included in the Proposal and, per LDC 7.03.03.A, "where more than one land use is developed within the PMUD, the minimum size of the development shall be the SUM of the minimum areas for EACH land use.." From the 12/06/05 Preliminary PMUD Site Plan, it appears that only "10,000 square feet" of gross area is "commercial." C. The Applicant states "a designated transit stop shall be provided within the development" -As-4iscussed earlier, oes tGee Per+ s, a rts, aU of the LDC-requirements? 6. The staff reports do not discuss the. LDC "Standards and Requirements" including the Minimum Area; Floor Area .Ratios, Dimensional Requirements, Parking and Loading, Lighting, Buffers and Landscaping, Perimeter Buffers and/or Phasing sections of LDC 7.03.00 relative to the Proposal. Without this information, again wondering "which" Preliminary Site Plan is being reviewed and considered, how can the P&Z make a recommendation to the BOCC on PMUD change and the Preliminary Site Plan application? 7. There has been much discussion/controversy concerning the "demand for retail and commercial" and/or "the market potential for commercial development" on NHI. An Applicant's representative, Robert Klein, in a February 7, 2006, memorandum asserts the Proposal "will meet the CURRENT and FUTURE demands of NORTH HUTCHINSON ISLAND RESIDENCE" and "The commercial analysis prepared by Thompson Consulting, Inc. (Added: "Thompson") submitted with the application provides verification of that." Neither Mr. Klein nor Thompson address the potential "demand" for services on NHI from the thousands of "visitors" from other areas within St. Lucie County and beyond discussed earlier. Referring to the Thompson "Commercial Analysis" dated August, 2005, ("Analysis") here are a few of the several non -referenced and/or unsupported statements included in the Analysis: Page 1, "the types of commercial uses that locate on barrier islands do not generally attract shoppers from the mainland." Page 2, "The year end 2005 estimated population in St Lucie County was.215,090 and is projected to increase to 237,774 in the next 5 years (by 2010). " "Approximately 4,080 RESIDENTS or 2.0 percent +/- live in North Hutchinson Island." Page 4, "a greater proportion of NHI's residents live elsewhere MORE MONTHS per year than do the residents of St. Lucie County." Page 5, "Supportable space estimates were prepared using 2000, 2005 and 2010 population estimates and projection of 0 3,135, 4,097 and 4,502, respectively." "..those retail categories which are generally supportable on barrier islands include eating/drinking facilities, convenience food, pharmacy and sundry items and gasoline services, with the balance fulfilled on the mainland." "Like all barrier islands located on the Atlantic Ocean... NHI has LIMITED population base on the Island." "It is estimated that approximately 11,000 square feet of CONVENIENCE COMMERCIAL RETAIL SPACE are supportable by the RESIDENTS of North Hutchinson Island CURRENTLY." Page 6, "given the amount of convenience commercial space offered on the mainland in the vicinity of the bridges as well as on the barrier island in Indian River County, NHI market support (demand) for space located on the Island IS DEEMED SUFFICIENT TO JUSTIFY 5,000—10,000 SQUARE FEET OF CONVENIENCE COMERCIAL SPACE." The referenced NBA letter discusses the "range" and "variances" in the population estimates from several sources for 2005 and 2010 for St. Lucie County and NHI. Interestingly, the Comp Plan includes the "1990 U.S. Census County Population Projections" of 222,140 in 2005 and 245,542 ,in 2010.' What is the Analysis's - source that ylbids forecasts-Ur`the`County population which are approximately 3.2% LOWER 1N 2005 !AND 2010 than 1kh€ " CENSUS" Figun_T _ _s. _ The Analysis states the NHI "population" as 4,097 for 2005 and 4,502 for 2010. The NBA letter, BASED UPON AN ACTUAL SUMMATION prepared by NBA states. NHI "currently has 3,200 homes" and BASED upon developments "approved" through those under construction sates "and will add more than 1,000 homes in the near future." Using NBA's total of 4,200 homes for 2010 and the Analysis's total "population" _of 4,502 in 2010 YIELDS ONLY 1.07 PEOPLE PER RESIDENCE. WOW! That is huge "seasonality" factor, as discussed earlier, and it is sure different than the 2.47 people/dwelling unit from the "2000 census" and as used by County staff in forecasting the "demand" for "community parks" on NHI. WORSE, the Analysis figure of 4,502 "population" in 2010 and the Analysis's "estimated" demand, which PRESUMABLY has been ADJUSTED TO INCLUDE what "little" attracted business visits NHI from the Mainland, etc., is the basis to "justify the 5,000 - 10,000 square feet" the Analysis concludes is required on NHI. Does the Analysis REALLY provide "verification" as to what is required? From the Tribune on March 15, 2006, "buoyed by western and northern growth, St. Lucie County's TOTAL POPULATION could skyrocket to 322,000 in four years (2010), a 67% increase over the 2000 Census, according to a private reportthe school district released Tuesday." Back to the BEACHES discussion, From the Tribune on March 16, 2006, "The county is now ranked as the 13t' fastest -growing county in the nation: 2005 population = 241,305. That figure is 12% higher than the Analysis's 2005 figure of 215,090 people. Are any of those 241,305 peopole going to "visit" and use the NHI beaches and "convenience services" that could be located on NHI? Stipulating, for the sake of discussion only, to the Analysis's assertion that NHI should have ONLY those retail uses which are "convenience center" oriented and based upon the EXISTING 3,200 homes ON NHI and GENERALLY IGNORING THE 10 "FACT," per Page 3 of the Analysis that "household income is greater for residents of Hutchinson Island than is the case countywide" which means more NET SPENDABLE INCOME, which increases"demand" and sales on NHI and is NOT factored into the Analysis's conclusion and GENERALLY IGNORING the "off -island" demand and sales on NHI from the "Mainland" who are on NHI as 'visitors" and allowing for the "seasonality" (even though it may be partially a myth) by using less than 2.47 people per unit, the "amount of supportable demand for restaurants, neighborhood and specialty retail on NHI is CONSERVATIVELY estimated to be (DISCLAIMER: This analysis and its "estimates" are for illustrative and DISCUSSION purposes only and no one assumes any responsibility or liability for its use or misuse and the presentation of this material carries no responsibility to provide additional information beyond what is presented herein) a minimum of "about" 30,000 square feet For discussion purposes, this total "could" be sub -divided as follows: Neighborhood Services (e.g., banking, dry cleaning, florists, package liquor and video), "about" 7,000 S.F.; Gifts and Specialty Retail (e.g., apparel, cards, beachware), "about" 3,000 S.F.; Specialty Foods (e.g., gourmet take-out foods, coffee, bakery, bagels and pizza) "about" 5,000 SY; Casual Restaurants (e.g., sit down'restaurants with liquor- and some, "banquet" space) "3bouf.15,000-SX. For comparison retatiye to "sit do n't, n xants; Mengrov tie's on saute Hutchison Island is 6,054 S.�K- (finished area) and Dino's Restaurant on Hwy. 1 is 2,896 S.F. (finished area) based upon the Property Appraiser's Web Site. The above estimate DOES NOT INCLUDE the "demand" for Commercial office space which is known to be, currently, in excess of 10,000 S.F. The sum of the two "demand" figures yields a "demand" of "about" 40,000 square feet Thank you for the opportunity to discuss the Grande Beach Proposal. Based upon the above, I suggest the P8Z recommend "denial" of the Proposal to the BOCC if the P8Z chooses to "approve," "approve with conditions" or "deny" the 3 applications. Sincerely, Larry D. Storms cosRicOLONVITAE Related to Grande Beach Presentation March, 2006 UMNY OL STORMS OVERVIEW: Larry Storms is a Professional Engineer registered in Florida, Colorado and California; an experienced Land Use Permitting and Regulatory Affairs Consultant; and a Real Estate Broker licensed in Florida and Colorado. He has more than thirty years of public and private real estate and site development project experience. His Real Estate and Site Development Services, including civil engineering rhanagement, are provided in Florida through SDSI — Site Development Services, Inc., located north of the North Beach Causeway west of Hwy. 1 in St. Lucie County, FL, and in Colorado through SASI — Site Development Services, Inc. His Real Estate Brokerage services are provided in Florida through Michael Thorpe Real Estate, Inc., where Larry is a Broker -Associate, and in Colorado as Larry D. Storms, Real Estate Broker. SUMMARY OP -QUALIFICATION$ r7.F3.A7T__EQ—T PRE NTATlt?N. • Project Permitting, Public Lands Abandonment, Planning and Design Comments: Thirty years of development and redevelopment project experience. Professional services range from the pre- acquisition evaluation of and acquisition support for project sites; the preparation of land use feasibility studies; the preparation, processing and presentation of land use entitlement applications and documents; and/or the preparation of conceptual engineering plans through the development of construction documents for more than 1,000 private and public civil engineering improvement projects throughout the Western United States. Project experience includes the creation, dedication, vacation and abandonment of public rights -of -way owned by local, state and Federal entities. Project "Mix of Land Uses" and Demand Comments: Colorado Salesperson (1995) and Broker (1999) licenses and Florida Broker (2000) license. Provides selection and pre -acquisition studies for vacant and developed lands including establishing and prioritizing site selection criteria and preparing site reconnaissance/use feasibility studies. Provides acquisition services including preparing and assisting clients' legal counsel to prepare lease, lease -option, purchase,, easement, license interest, and right-of-way agreements. He has planned, land use -permitted and civil engineering -designed more thart 50 "commercial/offoe; "shopping center" and "mixed use" developments. CERTIFICATIONS: • Professional Engineer — Florida, Colorado and Califomia • Real Estate Broker — Colorado and Florida EDUCATION: • B.S.C.E. (Civil Engineering), 1969, California State University, Fresno; graduated magna cum laude. • Post -graduate studies in environmental and traffic engineering at University of California, Berkeley • Post -graduate studies in management and finance at Stanford University and California State University, San Francisco • Real Estate studies in Colorado and Florida to obtain and maintain Broker's licenses and to obtain GRI, Graduate Real Estate Institute, designation through classes at various educational institutions 12 April 17, 2006 TO: Doug Coward, Chairman St. Lucie County Board of Commissioners 2300 Virginia Ave Ft. Pierce, Florida J4(, yaAh*1fa"t) rt �S APR 19 2006 Boe-d $2 d Q-• We are owners and residents at the Atrium 11 on the Ocean, 3000 NAIA directly across the street from the proposed Grand Beach mixed use project currently before the St. Lucie Board of Commissioners for approval. Many of us have had the opportunity to review the developers proposed plan, which from our understanding would include seven Mediterranean style 3-story condominium buildings, with minimum square footage of 1900 to 2300 per unit and 10,000 square feet allocated for commercial use. We encourage end urge the apprgval:of this.proje t only_so,long as it is in strict accordance with the developers.paroposed-plan criYtit forth by Ihe:cca:rtyr North Hutchinson is a beautiful residential island connecting to Vero Beach. The preservation of the island and the uniqueness of the vegetative and ocean landscape can . only be preserved through residential and condominium development and not more space dedicated to commercial use as some would suggest. We do not believe this is a point of destination market that would attract mainland consumers and it should further be noted that, as an educated guess, 50016 or more of the island population is gone from late spring to early fall. Certainly not an adequate number of people to support excessive commercial space. Many North Hutchinson residents are still recovering from the devastating damage of the 2004 hurricanes, attempting indemnification from insurance companies and restoring and rebuilding their residences. The Grand Beach development, as proposed, is a wonderful opportunity to enhance the beauty and integrity of North Hutchinson Island as well as providing increased tax revenue for St. Lucie County. Yours truly, Received By Growth Management Lawrence Szynkowski - Fwd: (Email All Commissioners) Page 11 From: Robert Nix To: David P Kelly; Deanna Magalhaes; Gilbert Backenstoss; Hank Flores; Lawrence Szynkowski Date: 4/25/2006 3:25:30 PM Subject: Fwd: (Email All Commissioners) FYI and aroject file. Bob >>> "Joan Miller" <Joan c@Joan-S-Miller.com> 4/25/2006 12:32 PM >>> Below is feedback from the main County website Email All the Commissioners form. hftp://www.co.st- lucie.fl.us/bocc2/email.htm First Name: Joan Last Name: Miller _E-mail- JoanO-Joan-S-Miller.com .-- Y Phone:7a2-467-2646 _ Comment or Question: Dear Commissioners: I -am taking this opportunity to write to you in the hopes that opinion from your constituents on North Hutchinson Island will help you to make an enlightened decision on the project known as "Grande Beach." It is difficult for me as a resident/owner at The Sands (the contiguous property to the North)to understand why you would deny this project, which would replace an on -going eyesore. Granted, perhaps another developer might have had a different idea but it is understandable that anyone would be very reluctant to devote more space to restaurant service when the Island could not sustain the one free-standing restaurant we had. At least, everyone should be happy they are willing to invest in building an up -scale residential complex with some"community-serving commercial. space. Thank you for your time and consideration. Sincerely, Joan S. Miller 3266 Lakeshore Drive North Hutchinson Island, FL 34949 Bob Nix, Director Growth Management St. Lucie Co. Community Development Dept. Planning Division 2300 Virginia Avenue Ft Pierce, FL 34982 Dear Mr. Nix, I am forwarding you a copy of a letter I sent to Mr. Douglas Anderson on April 12, 2006. I am requesting thai"this letter be placed in the Grande Beach rezoning application package for -.presentation to the y:,a;-d of County Conunissioneat fheii iviay 2, 2006 meeting. Sincerely, William K. Medina 3223-8 S. Lakeview Cir. Ft. Pierce, FL 34949 Received By " `- �- 5 E;j(xi Growth Management WILLIAM K. MEDINA 3223-8 S. Lakeview Circle Ft. Pierce, FL 34949 Sent via U.S. Mail April 21, 2006 St. Lucie County Administrator Attention: Douglas M. Anderson 2300Virginia Avenue Ft. Pierce, FL 34982 Re: Request to Lease Land in the Coral Cove Beach, Section 1, a subdivision line in Sections 25 and 26, Township 34, Range 40 of St. Lucie County, Florida, TRACT "F1" and. TRACT "A", as seen in attachment. ISear W.Anderson: I am requesting the services of your office to resolve the rights of ownership of the above referenced property, consisting of a section of land at the end of the Coral Cove Waterway which was not dredged to the property line. I have outlined the flow of correspondence on the subject for your review and action. Summary of Correspondence December 30, 2004 — Request to Mr. Ed Cox by Doretta Marquisette, President of the Sands Condominium Association, Section I, to be given equal opportunity for use of the subject land. January 3, 2005 — Request to Lease subject land submitted by Marvin P. Pastel H, Esq., with the firm of Becker and Poliakoff, acting on behalf. of The Sands Community Association, Inc. January 26, 2005 — Response from Mr. Anderson advising that the County's Environ- mental Resource Division is requested to determine if the property is needed for a County purpose, indicating that "A copy of their response will be provided." (Never received.) February 4, 2005 — Letter from Mr. Anderson requesting information `.`concerning who constructed boat docks on County Property? In addition, please provide a specific description of your clients' proposed use of the property." March 31, 2005.— Response by Mr. Pastel describing how the subject property would be used "for passive recreational activities." and providing information regarding the construction of the six boat slips attached to the property. William K. Medina April 21, 2006 Page 2 April 15, 2005 — A response by Mr. Anderson to inquiries made by Mr. Robert Emery on February 7 and March 2, 2005. "St. Lucie County will request Treasure Coast Abstract and Title Insurance Co. prepare a title search to determine ownership of the Coral Cove Waterway." The Department of Environmental Protection was also to check the permit records to ensure the boat slips were properly permitted. The response also stated that, if the property is determined to belong to the County and it is not needed by them, a Request for Bids to lease the parcel will have to be pursued. Copies of the search results - -will be sent to Mr. Emery: As far as I know, no other correspondence exists. In addition to the above recitation of correspondence regarding the question of ownership of the subject property, a QUIT CLAIM DEED was filed on July 14, 2000, between CODEVCO Limited Partnership and Larry R. Stewart and Dianne L. Stewart, which assigns the following: "TRACT F-1 and TRACT "A' of CORAL COVE BEACH SECTION ONE according to the Plat thereof; recorded in Plat Book 11, Page 30A and 30B of the Public Records of St. Lucie County, Florida, together with six existing boat slips which lie immediately west of the above reference property, including the property between the Tracts and the slips more particularly described in Exhibit `A' attached ..." (OR Book 2106 Page 1780) The 02-14-06 Preliminary PMUD Site Plan for Grande Beach shows that access to the subject property is provided through a Gated Entrance. Discussions have taken place between Martin Zeller, the Developer, and the adjoining property owners in an attempt to resolve issues regarding the use of the property. The Developer clearly intends to use the property and the six boat slips for the benefit of the future owners of the Grande Beach development. Attempts, which were started in December 2004, by the adjacent property owners to establish the rights of ownership continues without a resolution. The Grande Beach Development goes before the Board of County Commissioners for a hearing on their application on May 2, 2006. They clearly intend to use the subject property and which, in turn will generate increased boating activity along the 1500 foot canal. The canal is presently visited by manatees with calves that congregate, undisturbed, at the end of this canal It will also impact the growth of mangroves and the fish habitat environment that is present. I will be contacting the Florida Fish and Wildlife Conservation Commission about my concerns for preserving the area for a manatee and fish breeding environment. William K. Medina April 21, 2006 Page 3 I am witness to the fact that a dock with six boat slips did not exist at that location prior to July, 2000, and myself and others enjoyed the presence of nursing manatees in that area. It is essential that ownership and permitted use of this area must clearly be defined and that limitations on its use be imposed. rM'Q�t sincerly4 William K. Medina Director, Riverside at Sands Condominium Telephone: 772460-1759 E-Mail: billmedsr@aol.com Attachment: Exhibit "A" . Copies to: Board of County Commissioners Dan McIntyre, County Attorney Vanessa Bessey, Environmental Resources Director John Schwarz, President, Sands Community Association Doretta Marquisette, President, Sands Section 1 Bob Emery TRACT "Fl" toter ...... C14 q 2 _1NE '`�/a�(/A•1" sEcL APPROXIMATE MtAv iu47i WwiFh w FD 4* Q3� ry o TOP OF BANK x_xlx�x�x 2. DROP POLE ►A03 �—�. S/a!l p f I�IK S — _ weop gotycsw j y+:- U /_ E Ito — `too '~ '� • OIRT TRAVEL WAY APPROXIMATE � O \ ' Al V1 _ .......... �- EDCE OF WATER � � x —� '"'• Q Q 0 ' S MMDE NON-EXCLUSIVE _. PROPOSED EASEMENT WOOD PILLINGS (T I+crs) 87V8'470E O 20.00'C CORAL COVE WATERWAY N+. _ Adre .41AW WE,o/sb O j ,nog TRACT "A" C7R 10(a A E / 7YONOOD PILLNGS / APPROXIMATE (TYPICAL) J Q MEAN HIGH WATER LINE o.� APPROXIMATE EDGE OF WATER s of, CONCRETE APPROXW +- SULKHEAD MEAN HIGH WAIM LINE 6h I D.BMi * DRAINAGE EASEMENT A. (PER P.B. 11. PC. 300) DRAINAGE EASEMENT LOT 3 (PER P.O. I). PQ JOB) LOT 2 l07 1 d x 5 ti6 OCCUPIED 6.0' i 60 PROJECT BENCHMARK I LB .41NtM FD PRM LB 4286 MO 1' V(u) `L p9 ELEVATION - 5.61 0.23'E I ♦ •�'� �1GlRlN! D N87`08�4 5.22�i 5' j---- r 5 LOT 32 � LOT 33 LOT 34 LOT 35 LOT 38 1 Lawrence Szynkowski - Fwd: Grand Beach Developers Page 11 From: Robert Nix To: David P Kelly; Gilbert Backenstoss; Lawrence Szynkowski Date: 4/21/2006 3:17:11 PM Subject: Fwd: Grand Beach Developers Please ensure the below email is in the public record for Grande Beach. Bob >>> "Ronald Sturms" <RDSTURMS1@peoplepc.com> 4/20/2006 9.09 PM >>> County Commission Members I am opposed to the current plan of the Grand beach developers for the former Sands Plaza. (1) 82 residential units rather that the 35 allowed is too many (2) This is the last piece of commercial property left on North Beach and 10,000 square feet of commercial space is insufficient for current and future neighborhood services -PY There should be some return for the $1.4 million worth, of public [ends which the developer want abandoned and donated to his project` Thank You. Ronald D. Sturms, Bryn Mawr Ocean Towers, Unit A703. Lawrence Szynkowski - Fwd: (Email All Commissioners) Page 1 From: Robert Nix To: David P Kelly; Deanna Magalhaes; Gilbert Backenstoss; Hank Flores; Lawrence Szynkowski Date: 4/25/2006 3:25:30 PM Subject: Fwd: (Email All Commissioners) FYI and project file. Bob >>> "Joan Miller' <Joan@Joan-S-Miller.com> 4/25/2006 12:32 PM >>> Below is feedback from the main County website Email All the Commissioners form. hftp://www.co.st- lucie.fl.ustbocc2/email.htm First Name: Joan Last Name: Miller Email: Joan .Joan. S=Miller.com Phone: 772-467-2646 Comment or Question: Dear Commissioners: I am taking this opportunity to write to you in the hopes that opinion from your constituents on North Hutchinson Island will help you to make an enlightened decision on the project known as "Grande Beach." It is difficult for me as a residentlowner at The Sands (the contiguous property to the North)to understand why you would -deny this project, which would replace an on -going eyesore. Granted, perhaps another developer might have had a different idea but it is understandable that anyone would be very reluctant to devote more space to restaurant service when the Island could not sustain the one free-standing restaurant we had. At least, everyone should be happy they are willing to invest in building an up -scale residential complex with some community -serving commercial space. Thank you for your time and consideration. Sincerely, Joan S. Miller 3266 Lakeshore Drive North Hutchinson Island, FL 34949 GRANDE BEACH DEVELOPMENT Opposition to proposed Site Plan Submitted on April 27, 2006 by William Medina 3223-8 S. Lakeview Cir. Ft. Pierce FL 34949. Tel 460-1759 A. DENSITY. In conflict with surrounding area Proposed: 84 units on 9.4 acres (8.6 units/acre). Sands Community: 240 units on 69.7 acres (3.4 units/acre). Coral Cove Beach: single family homes (RS-4). B. HEIGHT. Three-story buildings, one story taller than surrounding area. - Sands Community has one and two story homes. Coral Cove Beach has one and two story homes. ; i�4ViE C%AT inadequate for island residents needs.' Presently existing on site 7,000 sq. ft. Developer Proposes 10,000 sq. ft. Studies require up to 48,000 sq. ft. D. ZONING. Present property is all commercial. Proposed for mixed use zoning. Sands Community zoned HMD. Coral Cove Beach zoned RS-4. E. DOCKS AND LAND. Land at end of the Coral Cove Waterway. Disputed ownership of 150 ft. by 45 ft. section of land at east end of the Coral Cove Waterway. Out side of the property line boundaries of the adjacent property owners. - Permit not found for six boat slips constructed five years ago. F. ENVIRONMENTAL. Concerns for waters surrounding docks. - Mangroves growing on above disputed property provide sanctuary for fish stock. Manatees use the location for nursing their young because of its seclusion. Increased boating activity could disturb or destroy this environment. Removal of undocumented boat slips and dock" would result in returning this to a marine life protection area. G. COMMERCIAL DEVELOPMENT ISSUES. Insufficient commercial space. - Inadequate in size. - Is located within the planned community which may not attract passing automobile traffic as it looks like_ it is dedicated for use by the owners in the development. - Appears to provide inadequate parking. - Does not provide adequate access for delivery trucks bringing in supplies. - Provides no opportunity for future additional commercial development. -2- THE ISSUES FOR INCREASED COMMERCIAL AREA. About 1959, the entire 9.4 acres along with the dedicated Flotilla Drive roadway was approved for commercial use. There were 132 units on the Island at that time. The planners obviously felt the zoning was adequate for future growth. . In 1984, 25 years later, the living units increased by 840% to 1,242 units. During that period, a small commercial building of 7,000 sq. ft. was constructed. The mid-1980's saw an economy that was in a tailspin with new units in the Sands Development being sold at auction for around $50,000. Improvements or expansion of the commercial building were not economically justified. These same units, in the Sands, now sell for $400,000 and other new homes are selling for up to a million dollars. biv ertem, rise lasted until the recent hurricanes left the building severely damsg►=.i -nd the few lease holders were removed. The shopping center went unnoticed and unused mainly because the building was about 250 feet away from highway AIA. At that time, the shopping center contained a real estate office, which occupied almost half of the building and served a small percentage of the island's population. A very poorly stocked convenience store, a small pizza parlor, and a breakfast/ lunch -type restaurant were other tenants. The empty lot around the building had a shed on it which served as a dropping - off point for "Good Will." The lot was often had used cars with "For Sale" signs on them. It certainly did not attract customers nor did it attract commercial ventures that the residents expected and deserved. The former owners had no interest in making this a viable commercial business venture_ and after the hurricanes the land alone was more valuable. During the last 22 years, new homes continued to be built and the area grew another 158% to its present count of 3,200 units. Adding -the 746 units in construction or approved for construction brings the number up to 3,946 units. Multiply those units that factor by 1.94 persons per household gives us a population of 6,655 persons. Of that number, 4,310 are permanent residents and 3,389 are seasonal residents. Bob Gibbs, County Consultant/Land Planner, used a figure of 1,800 full and/.or part-time households to arrive at a supportable commercial space requirement of 29,000 to 38,000 sq ft. Using Mr. Gibbs figures as applied to today's unit's count provides us with the _ commercial space requirement of 48,185 sq. ft. This calculation does not include future growth which is expected to continue at a 10% annual rate. Mr. Gibbs stated that the average household spends $8,200 each for food and groceries for a total of $32,357,200 in annual sales with 99% of it spent on the mainland. So what happened! The population of our beautiful island grew by leaps and bounds and unit values increased by 900% while the commercial activity remained stagnant. Should we be penalized by losing the last piece of land available for decent commercial development? -3- The new developer argues that the Island will not support commercial activities larger than 10,000 sq. ft. My response is that we never had any commercial ventures that would attract a decent customer base. The commercial, property has always been trashy so residents went to the mainland for their needs. This further clogs the North Bridge and US. I with traffic that would stay on the island if better facilities were available. With units selling now at no less than $400,000, we are attracting a more affluent owner - base. You cannot attract customers to businesses that do not exist. The consumers and their money are here. Build a well developed commercial zone of business, services and restaurants, with adequate parking, and the customers will come. As our elected representatives -we implore -you to-denytherequest for zoning change and -- the abandc mient-of the street and alleys.so as to encourage the develb w- to modify his _ S-O" Plan to align -with the needs of'the'islands"residents. We were successful ar -the .. _. planning and zoning hearings with votes of 5 to 4 against the plan and unanimous against rezoning. You are our last resource for redress of a plan that has too many units and is not in compliance with the surrounding area and does not provide an adequate amount of commercial development. We thank you for your time and consideration. Aition of Grande Beac.. North Hutchinson Island, L-.; for a Change in Future .nd Use Classification from COM (Commercial) to MXD (Mixed Use -Medium . itensity-Grande Beach) Sea Palms Condo Z Tiara Towers Condo W C1R �S Vv � � L Q� u� Sands on the Ocean SHORE WINDS DR BEACHH DR _ I I- I- J_ P Q LL The Atrium on the Ocean It The Atrium on the Ocean Barclay Beach Club Aquanique Ocean Club _Q Q yr z PA 05-008 Legend ® Subject property N �sawticxarggsutn.t 17epalmsnt Map prepared February 1, 2006 Grande Beacn North Hutchinson Island, LLC Land Use Sea Palms Condo ti RM Tiara Towers Condo h W GIR RM n S �KEV�E Qu v� Sands on the Ocean O CEL RM � or w - I The Atrium on the Ocean II m� s a a z The Atrium on the Ocean Barclay Beach Club RM Aquanique Ocean Club SHORE WINDS DR J m � Q o 2 CPUB U RU z R RU PA 05-008 Legend sr- N �sovtiF xargyemenr D�.ement ® Subject property Map prepared February 1, 2006 �1 Grande Beach North Hutchinson Isla nd, LLC Zoning �.0 Sea Palms Condo 1 v \ U OF 2 �L HIRD 01 m_ _ p 0D Q *J0' O� oc``� 6IRD Tiara Towers Condo HIRD Sands on the Ocean The Atrium on the Ocean II The Atrium on the Ocean I - .- Barclay Beach Club HIRD Aquanique Ocean Club o rt G,p BIMINI DR Q cL S W a D g Z SHORE WINDS DR N JO LL m O Cm RS-4 PUB U Q PA 05-008 Legend N Csowth'.Xargye+rrnst Dpaemen� ® Subject property Map prepared February 1, 2006 Grande Beach North Hutchinso,n Island, LLC .t r t L� rs • ��+ W OR 54 ,/, OCELOTWAY � / � •` '�`'' .•; / il1IY1.0 I I ..��,j"i"i� p a .. r ; A_ t i►, 14!cu_4M F INA'DR" ,w n. _ -1-� ►� ZZ " up 7IYt }i Mom... Isr i R - 'M F. p i• A. she iv �. Y. fs ,,. � lBERMUDA BEACH DR an O I a... i� + G.• +rr ' a. r3 .. BIMINI DR .:.•: t AMIN w 340 " ` s sr .. ha Olt SHORE WI ". "., `->93 ►ems ° , a• w _ WIND DR •� �r �P • .i" m i V CIA PA 05-008 Legend 6.-r.'rh.ar��r vsPa,tment ® Subject property Map prepared February 1, 2006 BOARD OF COUNTY COMMISSIONERS April 13, 2006 GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Grande Beach North Hutchinson Island, LLC has petitioned -St. Lucie County for a Change in Future Land Use Designation from COM (Commercial) to MXD (Mixed Use Development — Medium Intensity) for the following described property: Location: Northwest corner of the intersection of State Road A-1A and Marina Drive on North Hutchinson Island. THE PROPERTY'S LEGAL DESCRIPTION IS A_y8.ABLE UPON REQUEST le a xigi the petit%.t wig die ftld at 6:00 Pf or 6 c! rc thcrea er rrs - �1t K Ma, 2;�2 Q Maui ty�rnmissioner's Chambers, St Lucie-Crrunty Administration Building Annex, 2300 - Virginia Avenue, Fort Pierce, Florida All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive Written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. ' The proceedings of 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. For such purpose; he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (7.72) 462-2822 if you have any questions, and refer to: File Number: PA-05-008. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS b Doug oward, Chairman JOSEPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CHRI5 CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 • GISlfechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 fax: (772) 462-1581 Tourist Development: (772) 462-1529 • Fox: (772) 462-2132 www.co.st-lude.fl.us N NNUCNN V O V O W CNJiNfN7i�NNUNi V O V O V O V O V O V O GN11 V O CNr V O V O N(N71 V O UNi CNN V V O O CNN V O CNN V O CNNNNtNN N V V V V U1 fN17 V CNN CN V V CN V V NfNJiNNCNN V V V V CNN V CNNNNNNfN7iN V V V V NCNJ�CNN CNN 21 ff IN W O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 V 0 V 0 V 0 V 0 V 0 V O V O V A O 5p 0O00O +pp0O O p00O AVVV �Ao+OgCOoNp A OOaD O 0 WO N0 Vo Wo+oCoVp WV+o++oON+o��poO N��0ap0p 0VO0O0O � �O 000V 0WOOOj O0pOA 0+pOO 000� Oop0AAA8 000�0ON0AN0O0V 000�O �OpO0+V�10000O0 am3m�- m0OV+f �S0AO 3N00 �V0 5CCppj0m40 Nov0VOiO�0 3.m�c$>�22�°3iowcc pO00 7Cln6.cC)— otnG�O�cnc� w°c w ao �oonic0 -�c$Za3_ m'g�C NN�O�C�a.a. 0_n�..my�am c3. n=w r d o° =33`a° o 3 g R M � 0 Z sg w g tb<'�.zc'3��'=°�3mw E)Z w w� G�� w ch_65 E. w� mr�� w g o m v� o o m w`mp 3 o�� iv rrom� nvi nvi S��G��C� - �. � 3 3<>> vv�-5 c 3 Sx` °' Da ,$u; - 3, �n<v ` g cg x ° m C_ o� 3 D ?;2 w Ncnm a c �a w ,nw = 7Cr stew H aOL > > WD Q1D T 0 Wan � N �mm 0y&;-�d2cvc) m m a w � w w c3 to T w (7 ? m 0m s12 y m �i s o obi 3 �� rrkvnC3 a» S g a tntn� m- 3��i 3 D� �� y e� vw y a S m y D�N7C aoa arm 0 �`DDCD er a � m S _n N N O 4 W WOONCDOWNACD V O+V NNNNNN O_O W ON W NNN�N OONO+fON+000NO Cp OpN j NN'pT A W V+NNOD N+OD VNN ODNNi CoO Cn�N+W j jNNNNNNNNN-+NNN V AA CANON WNW W W V WAA+AAW CO .-. 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T1 Om Om i1f cZO� GI � t2Cnc00C."� "T DD>> n DDDDD O0 xco DD3 D aaFAO22°oMWzzzzzzx°vOoZ2zc n�a 00> ODDDDDD �3 d d C(DCC�D �N�Dv CDDC'O a (3D6 D C11(�1 > O�C716i10� 0OR �k'' QT C �C)O p �j• O 0000 ZJ U U O ?z zAz p O Z Z Z 2 a CA 2�v(ip_TTr41 3 amum pTTTTTT�7TQ(p37�TT 0zaaa.a.°z' mmmo � T 04 n fD fD N l� cD(N� Q 4/ N • (p' ° m T Dr'D==rrporrrr-rrrrr� T TT�T-n T T T T-n Tm T2z ��rr z TTr T r y OANAA (U7� � V�AA��Ap�Ap�ApAcpcpANW W�cApp D W W 0 j N CA i0 c0 tO C w t0 N AA A A .A V CO �O ��App c0 pOp�'�O In 90 co cP Ln aD c0 W �O c0 apDp m CO ao c0 ae O A c 6 A c0 m I N-� V pbpe � O CVT N N v V CD OVD V V tO C§' OD T co A'. OD N o co d OD c0 LU m fUESDAY, APHIL 18, 2006 - SCRIPPS TREASURE COAST NEWSPAPERS NOTICE OF CHANGE TO THE FUTURE LAND USE MAP OF THE ST. LUCIE COUNTY COMPREHENSIVE PLAN The St., Lucie County Board of County Commissioners will consider a request to dwW the Future Land Use designation of the lands indicated on the map in this advertisement. A public heaari � ng on this proposal will be held before. the Board_ of County CoM'rnl,�oneP_ on May 2, WN, a.. rtgoo n pA e; as soon ftraWter as possible, in the County Commission Chambers, 3rd Floor of the St. Lucie County Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, The purpose of this public hearing is to consider a request to change the Future Lnd Use designation from COM (Commercial) to MXD (Mixed Use Development Medium Intensity). Petition Applicant: Petition Number: uranae tieacrr North Hutchinson- Island, LLC PA-05-008 Northwest corner of the intersection of State Road A-1-A and Marina Drive on North Hutchinson Island. Copies of the proposed amendment may be obtained from the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982. Any questions may be directed to Larry Szynkowksld at 772-462-6456. All interested persons will be given an opportunity to be heard. Written ,All received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be. received I by the Growth Management Department - Planning Division at least 3 days . prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, Fort f'ier�ce, Florida, 34982. Please call 7721462-2822 if you have any questions or require additional information. The proceedings of the Board of County Commissioners are electronically ceded. PURSUANT TO Section 286 o1 o5 Florida=:rf a person r s to appeal any de;ision made: by _the Board of._ . County Commissioners ti ,.> aact to any matter, POSWor at:a- ling car !' m"7, he �nll-,need a peoond of the proceedings. For such purpose, he may ,need to ensurethata 14rbatim record of the proceedings is made, which reCord..includes the testimony and evidence upon which the appeal is to � be based.. , Upon the any lam! to Proceeding, individuals testifying during a hearing wilt a,swom in. Any' to the proceeding will be granted an opportunity to toss- examine any individual testifying during .a hearing upon re guest.: If it comes necessary, a public hearing may be continued to a date -certain " },K with a disability requiring accommodation to attend N meeting should htact ..the St. Lucie County Community Services Director at least forty-eight hours prior to the meeting at 770462-1777 or T.D.D. 7721462-1428. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS LUCIE COUNTY; FLORIDA . COWARD, CHAIRMAN # 1BLISH DATE: APRIL 18, 2006 1 O U • VMM4 1 (4% a • 1 \ V � 1 N` Fut. Land Use: RM Zoning: HIRD Existing Use: Condominiums \ o i ro n �P3- �// Job No. 5021 North Drawn By GAB AJ �� ^ I Checked By H Scale 1 =40 Approved By M Submittal Dates IT-1-05 Revision Dates -05 Staff Comments 12-00 Stoff Comments 02-14-06 5toff Comments 05-05-0E APR 0 7 2006 Sheet of Agenda Request Item Number: 5b Meeting Date: May 02, 2006 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. [ ] Quasi -JD { ] To: Board of County Commissioners Presented By Submitted By: Growth Management Growth Management Director SUBJECT: BA.CKC OUND:. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Consider Resolution 06-055 approving a request by North Hutchinson Island, LLC, to rezoning designation of a 9.44 acre parcel located northwest of the intersection of SR A-1-A and Marina Drive, from Commercial General (CG) Zoning to Planned Mixed Use Development (PMUD) Zoning, subject to limitations of Ordinance 06-023 and the attached Preliminary Plan. (File Number: PMUD-06401) + Appiica fs reasons for request: To facilitate p.-nning and development of a true mixed use community of 82 Units of Condominiums and 10,000 Square -feet of Neighborhood Commercial; to use innovative concepts and allow housing and commercial uses that cannot be accomplished without using the Planned Mixed Use Development land development regulations. • Staff findings: Site meets criteria for Planned Mixed Use Development with Ordinance 06-023 including Sub -Area Policies. The medium density is transitional from the east high intensity and west, northwest and southwest lower density. There is justification for added neighborhood commercial that is also adjacent to the south. - N/A At their meeting on March 16, 2005" after a Public Hearing, the Planning and Zoning Commission voted -7-0 to recommend that the County Commission deny adoption of the amendment. Staff recommends that the BOCC adopt the Amendment as a reasonable mixed use. COMMISSION ACTION: FXJ APPROVED Motion to approve with added condition contingent upon the abandonment petition, changes to building 7 stepped in moved north to sidewalk on existing site plan OTHER approximately 25' feet, removal of the top floor of the two southern units from building 7 creating the buffer approximately 70' from the Emery property, building 4 reinforced Approved 4-1 (in future for possible opportunity of expanding commercial), gate to be eliminated as Comm. Coward No noted, contribution to county $5,000 per unit over the 36 unit under the PMUD subject to the abandonment. County Attorney Mgt. & Budget: Finance: Fire Dept: Environ. Resources; Utility: Purchasing: Public Works: Other. Lawrence Szynkowski - Grande Beach PMUD.doc ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: David Kelly, Planning Manager FROM: Amy Mott, Environmental Regulations Supervisor DATE: October 17, 2005 RE: Grande Beach PMUD 1) The plant list shows 51 Silver Buttonwood to be planted, the graphic shows none 48. Also, there is a label for 3 Silver Buttonwood to be planted along the north property line but it is only pointing to 2 symbols. 2) Section 7.09.04 M states that if any development is to occur on a site located on North or South Hutchinson Island, 75 % of the new landscaping material to be planted shall consist of appropriate salt tolerant native species. Each type of required landscaping, such as trees, shrubs, vines, and lawn areas shall be calculated separately, and each type shall meet the required percentage minimum of plant materials. The proposed Landscape Plan shows 72% of the trees if magnolias are counted, as they are only moderately salt tolerant. Please consider diversifying the landscape plan with appropriate salt tolerant native species such as Cabbage Palm (Saba/ palmetto) Pigeon Plum (Cocco/oba diversifolia) Wild Lime (Zanthoxylem fagara), Paradise Tree (Simarouba glauca), and/or Satinleaf. 2) The Landscape Plan shows 2378 Cocoplum to be planted, along with two labels identifying "XX" as the quantity. Please revise to identify the exact number of Cocoplum to be planted in those areas or remove the labels. 3) The plant list shows 76 Hibiscus to be planted, the graphic shows 58. 4) Section 7.09.03 E. 2. c. requires that all trees measure a minimum of twelve feet in height, two and one half inches in diameter (measured at 4 % feet above ground), not caliper. Please revise. 5) A condition of approval of the site plan will be that the three live oaks proposed to be relocated on site shall be properly root pruned and prepared for relocation prior to GACOMMOMENVIRONMENTAL RESOURCES DEPARTMENT�ENVIRONMENTAL REGULATIONSGITE PLANSMANDE BEACH PMUD.DOC Lawrence Szynkowski - Grande Beach PMUD.doc Page 2 approval of a SLC Vegetation Removal Permit. 6) Please confirm that no lights from the proposed project will be visible on the beach, between or above the buildings on the east side of AM. 7) A condition of approval shall be (Pursuant to the requirements of Rules 68A-25.002 and 68A-27.005 of the Wildlife Code of the State of Florida) a permit for a gopher tortoise relocation/release project must be secured from the FFWCC prior to initiating any construction on the parcel. Should the burrows be abandoned and no tortoises are captured for relocation the burrows shall be excavated by a environmental professional to ensure no commensal species remain in the burrow. ERD staff concurs that off -site relocation is the best option in this case. 8) A condition of approval shall be the approval of a USACE Dedge and Fill permit prior to filling the existing ditch. GICOMMON\ENVIRONMENTAL RESOURCES DEPARTMENT\ENVIRONMENTAL REGULATIONS\SITE PLANS\GRANDE BEACH PMUDMOC C N Environmental Consultants, Inc. 561-744-7420 Fax: 561-744-2887 f � � C� � E-mail: cnenviro@bellsouth.net Mr. Rick McCann Florida Fish and Wildlife Conservation Commission (FFWCC) Office of Environmental Services 620 South Meridian Street Tallahassee, Florida 32399-1600 Re: North Hutchinson Parcel, Houston Cuozzo Group Our file #05-048 Dear Mr. McCann, A ± 7.73 acre parcel, known as the North Hutchinson Island Parcel, is being proposed for development in accordance with St. Lucie County Development Code. You may remember the site as being associated previously with Equity Ventures Realty, Inc. or NH Development Associates, LLC. The site was previously surveyed in June of 2004. A report was sent to FFWCC by Equity Ventures Realty, Inc. summarizing the results. Currently Houston Cuozzo Group on behalf of the owner, Grand Beach North Hutchinson Island, LLC., has contracted with C&N Environmental Consultants, Inc. to conduct an environmental reassessment on the subject parcel in compliance with Section 11.02.00.5(b) of the St. Lucie County Land Development Code. The parcel is located at Section 25, Township 34 South, Range 40 East, North Hutchinson Island, St. Lucie County, Florida, and is situated at the intersection of State Road (S.R.) AIA and Marina Drive (Figure 1, Location Map). The site was assessed again to identify the presence of state and federally jurisdictional wetlands, vegetative communities, soils/substrates, endangered/threatened species, wildlife utilization, and surrounding land uses. The only change observed is the two (2) burrows that exist on the site (FIGURE 2, Burrow Locations Map) are now completely abandoned. The burrow located in the Northwest corner near the sabal palm tree (Sabal palmetto) is totally covered with dune sunflower (Helianthus debilis). The mouth of the burrow located closer to the northeast corner has fairly thick coverage of spider webs on it. (See Attachment 1 - Photos). No other changes from the previous assessment on this site were observed. If you have any questions please call me 561.744.7420 Sincerely, Stacy Giv ns Biologist Cc: Houston Cuozzo Group Grand Beach North Hutchinson Island, LLC File 612 N. Orange Avenue o Suite A-10 a Jupiter, Florida 33458 GRAND BEACH NORTH HUTCHINSON ISLAND, LLC ENVIRONMENTAL IMPACT STUDY t7.73 Acre Parcel Section 25 Township 34 S Range 40 E June 9, 2004 PREPARED FOR: Grand Beach North Hutchinson Island, LLC PREPARED BY: C&N Environmental Consultants, Inc. 612 North Orange Ave., Suite A-10 Jupiter, FL 33458 (561) 744-7420 FAX (561) 744-2887 �31 Received By DEC 22 2005 Growth Management TABLE OF CONTENTS PAGE 1.0 INTRODUCTION..............................................................................1 2.0 SITE CONDITIONS..........................................................................1 3.0 SOILS.................................................................................................3 4.0 VEGETATIVE COMMUNITIES AND LANDCOVER ..................5 5.0 WILDLIFE.........................................................................................7 6.0 ENDANGERED/THREATENED SPECIES....................................7 7.0 WETLAND ANALYSIS...................................................................11 8.0 CONCLUSION..................................................................................11 9.0 REFERENCES..................................................................................12 FIGURES FIGURE 1 SITE LOCATION MAP........................................................2 FIGURE 2 SOIL MAP........................................................................4 FIGURE 3 FLUCCS MAP.......................................................................6 TABLES TABLE 1 VEGETATION LIST.............................................................14 TABLE 2 WILDLIFE OBSERVED ON-SITE......................................15 ATTACHMENTS PANORAMIC PHOTOGRAPHS OF SITE PHOTOGRAPHS OF WILDLIFE ON SITE ±7.73 Acre Parcel Grand Beach North Hutchinson Island, LLC St. Lucie County, Florida Section 25, Township 34 South, Range 40 East ENVIRONMENTAL IMPACT STUDY 1.0 INTRODUCTION A + 7.73 acre parcel, known as the Grand Beach North Hutchinson Island Parcel, is being proposed for development in accordance with St. Lucie County Development Code. Grand Beach North Hutchinson Island, LLC contracted with C&N Environmental Consultants, Inc. to conduct an environmental impact study on the subject parcel for compliance with Section 11.02.00.5(b) of the St. Lucie County Land Development Code. The parcel is located at Section 25, Township 34 South, Range 40 East, North Hutchinson Island, St. Lucie County, Florida, and is situated at the intersection of State Road (S.R.) AlA and Marina Drive. The site is being assessed to identify the presence of state and federally jurisdictional wetlands, vegetative communities, soils/substrates, endangered/threatened species, wildlife utilization, and surrounding land uses. Field surveys were conducted on the subject parcel to: 1) characterize and identify hydric soils that may be present, 2) evaluate hydrologic conditions, 3) identify and inventory vegetative communities and plant species, and 4) identify flora and fauna listed for protection that may occur or utilize the site. The data collected during field surveys and agency file search will be analyzed for compliance with the regulatory requirements necessary to secure federal (Section 404, Clean Water Act) and state (Section 373 Florida Statutes) natural resource permits. 2.0 SITE CONDITIONS The +7.73-acre Grand Beach North Hutchinson Island Parcel is located west of S.R. AIA and north of Marina Drive on North Hutchinson Island, St. Lucie County, Florida (Figure 1, Site Location Map). The land has been previously cleared of natural vegetation and exists primarily as open, maintained vacant land. A small shopping center is located approximately 200' west of AlA and is accessed from Marina Drive. A drainage ditch occurs north of the shopping center extending approximately 300' north. A culvert was observed at the south end of the ditch for discharge into the nearby tidal waters. Approximately 50' on the west boundary of the parcel abuts a finger canal constructed in association with the development of the adjacent Coral Cove community. The canal is hydrologically connected to the Indian River via Ft. Pierce Cut. Single-family residential C&N Environmental Consultants, Inc. Environmental Impact Study June 9, 2004 7.75 Acre Grand Beach North Hutchinson Island 04-048 1 T 141, I 0 i I� k i�rce artb E6ridg 77 1.- SITE BOUNDARY SCALE 1"= 250'-0" 0' 125' 250' 500, FIGURE q NORTH HUTCHINSON ISLAND PARCEL I%'T-m A< 1 till CONSUTS. INC I 1/ Grand Beach North Hutchinson Island, LLC s� FT. PIERCE, FLORIDA +�A�. NORTH SITE LOCATION MAP -- - development occurs north, south, and west of the parcel. Multi -family residential development occurs east of the parcel. Other nearby properties of note include the Ft. Pierce Inlet State Park approximately 0.25 miles south of the subject parcel and Jack Island Preserve approximately 0.5 mile north and west of the parcel. The Atlantic Ocean occurs approximately 300' east of the subject parcel. The subject parcel is not identified on the Inventory of Native Ecosystems of St. Lucie County. 3.0 SOILS According to the U.S. Department of Agriculture, Soil Conservation Service (USCS) soil survey of St. Lucie County, Florida, three (3) surficial soil units are present on the project site (SCS, 1978) (Figure 2 Soils Map). The soil units present are as follows: Map Symbol Soil Unit Name 21 Lawnwood Sand 6 Arents, Organic Substratum 10 Canaveral Fine Sand, 0-5 Percent Slopes Lawnwood Sand is a poorly drained, nearly level soil on broad flatwoods. Slopes are smooth to concave and range from 0 to 2 percent. Typically, the surface layer is about 8 inches thick. It is black sand in the upper 4 inches. The subsurface layer is 21 inches thick. It is gray sand in the upper 7 inches and light gray sand in the lower 13 inches. The upper 24 inches is black, weakly cemented sand and the lower 6 inches is dark reddish brown sand. The substratum, to a depth of 80 is pale olive sand with a few large pockets of loamy sand. The water table in Lawnwood sand is within a depth of 10 inches for 1 to 4 months and is between depths of 10 to 40 inches for 6 months or more during most years. A water table is perched above the subsoil during the summer rainy season or after periods of heavy rainfall. It recedes to a depth of less than 40 inches during extended dry seasons. The soil is well suited to improved pasture grasses, and it has medium potential for this use. Pangolagrass, bahiagrass, clovers are well adapted to grow in this soil. Natural fertility and low organic matter content characterize this soil. Arents, organic substratum consists of soil materials dug from several areas with different kinds soils that have been spread over muck in marshes or mangrove swamps. Slope ranges from 0 to 2 percent. In most places, the arents soil is made up of loose, sandy mineral material; however, amounts of loamy and weakly cemented sandy material that were subsoils in other areas are mixed throughout. A variable mixture of lenses, streaks, and pockets are within short distances. Depth of fill material ranges from about 20 to 70 inches. Muck of variable thickness underlies the fill material, and mineral material underlies the muck. C&N Environmental Consultants, Inc. June 9, 2004 04-048 3 Environmental Impact Study 7.75 Acre Grand Beach North Hutchinson Island I21 = LAWNW❑❑D SAND SCALE 1"= 1000' 6 = ARENTS, ❑RGANIC SUBSTRATUM 10 = CANAVERAL FINE SAND, 0 - 5 PERCENT SLOPES 0' 500' 1000' _ 2000' NORTH HUTCHINSON ISLAND PARCEL Cam, ENNNOW TAL EQUITY VENTURES casuTAN7Swig " INC. I _a Figure 2 6gg FT. PIERCE, FL NORTH SOIL MAP �— The water table in this arents soil is within a depth of 50 inches for most of the year. Available water capacity and permeability are variable. The soil has medium potential for improved pasture grasses and pine. Because of its periodic wetness and low fertility, it is severely limited for use in the cultivation of crops and citrus. Canaveral fine sand Soils underlying the parcel are predominately Canaveral fine sand, 0 to 5 percent slopes. This soil is a moderately well drained to somewhat poorly drained, nearly level to gently sloping soil that occurs on low dune like ridges and side slopes that border depressional areas and sloughs near the Atlantic coast (Soil Conservation Service, Soil Survey of St. Lucie County, Florida, 1980). The surface soil layer is dark brown fine sand about 6" thick. The underlying substrate extends to a depth of 80 inches or more. There are many sand -size shell fragments. The water table in Canaveral fine sand is between depths of 10 to 40 inches for 2 to 6 months or more and within 60 inches for most of the remainder of the year. Natural vegetation is cabbage palms, scattered saw palmetto, magnolia, bay, and scattered slash pine. The understory includes inkberry and pineland threeawn grass. 4.0 VEGETATIVE COMMUNITIES AND LAND COVER Most of the natural vegetation on the parcel was cleared most likely prior to construction of the existing shopping center. The plant species identified on the property (Table 1) were comprised mainly of low lying grassy and herbaceous plants. The following herbaceous species were observed on site: St. Augustine grass (Stenotaphrum secundatum), dune sunflower (Helianthus spp. ), ragweed (Ambrosia spp. ), stinging nettle (Urtica diocia), blackroot (Pterocaulon virgatum), blue-eyed grass (Sisyrinchium cyathophora), string lily (Crinum americanum), painted leaf (Poinsettia cyathophora), oldfield toadflax (Linaria canadensis), whitehead broom (Spermacoce verticellata L.), punctureweed (Tribulus cistoides), Florida Pusley (Richardia scabra L.), common beggarticks (Bidens alba), mat lippia (Phyla nodiflora), and cassia (Cassia spp.). Only 3 species of vegetation that would be classified as shrubs were present, oleander (Nerium oleander), willow (Saliz carolinia), and Brazilian pepper (Schinus terebinthifolius). Two species of tree present were cabbage palm (Sabal palmetto) and sand live oak (Quercus geminata). The vegetative communities have been mapped and categorized to Florida Land Use, Cover and Forms Classification System (FLUCCS) to a Level III (DOT, 1985). The vegetative communities and land cover on the subject parcel have been characterized and described by C&N Environmental Consultants, Inc. (C&N) botanists (Figure 3 FLUCCS Map). 141 Retail Sales and Services Central business districts that offer the sale of products and services comprise of approximately 1.32 acres of the site located on the south central end of the project area. C&N Environmental Consultants, Inc. June 9, 2004 04-048 5 Environmental Impact Study 7.75 Acre Grand Beach North Hutchinson Island 0 GT-2 1.32 ACRES - FLUCCS CODE 141. WHOLESALE SALES AND SERVICES ....�.■ 4.31 ACRES - FLUCCS CODE 190 OPEN LAND (CLEARED COASTAL SCRUB) 1.25 ACRI'=S FLUCCS CODE 432 SAND LIVE OAK I �• .37 ACRES - FLUCCS CODE 194 BOAT STORAGE SCALE i"= 125' .424 ACRES - FLUCCS CODE 422 BRAZILIAN PFPPER ...�� .056 ACRES - FLUCCS CODE 513 DITCH. o' 62.5' 125' 250' ®a� NORTH HUTCHINSON ISLAND PROJECT 001 EN% MENT& EQUITY VENTURES .�...,.a....d. �a Figure 3 s Its FT. PIERCE, FL "°' va ,,. 6-I NORTH ' ". FLUCCSMAP ---- 190 Open Land Undeveloped land comprise approximately 4.31 acres of the site and occurs throughout the easterly and northern half of the parcel except for the ditch banks that were dominated with Brazilian pepper. 432 Sand Live Oak Approximately 1.25 acres of sparse sand live oak occurs in the southwestern portion of the site. 194 Other Open Land Approximately 0.37 acres of the site is used for boat storage and is located on the mid western end of the project area. 422 Brazilian Pepper This invasive exotic shrub covers 0.48 acres of the site primarily along the perimeter of the parcel and on the ditch spoil banks that run along the north western portion of the site. 513 Ditch A ditch occurs on the parcel and runs in a north-easterly direction on the north-western end of the parcel, covering approximately .056 acres. 5.0 WILDLIFE Wildlife observed or known to occur on the site include armadillo (Dasypus novemcinctus), raccoon (Procyon lotor), opossum (Didelphis marsupialis), black racer (Coluber constrictor), gopher tortoise (Gopherous polyphemous), mourning dove (Zenaida marcroura), common grackle (Quiscula quiscala), loggerhead strike (Lanius ludovicianus), common crow (Corvus brachryhynchos), and killdeer (Charaduris vociferus). Please see Table 2 for Summary of Wildlife evident on site visit. 6.0 ENDANGERED/THREATENED SPECIES Research Prior to site survey, a literature search was conducted to determine a list of species with a potential for occurrence on the subject parcel. Determination of the probable geographic distribution of listed wildlife species and the probability of their occurrence are based upon Rare and Endangered Biota of Florida, Ashton et al., (1992), Kale (1978), Layne (1978), and McDiarmid (1978). Research indicated that two keystone wildlife species, the gopher tortoise (Gopherus polyphemous) and the Florida scrub jay (Aphelocoma coerulescens) could possibly occur on the parcel. Other faunal species likely to occur include the commensal species of the gopher tortoise, the Florida mouse (Podomys floridanus), gopher frog (Rana areolata aesopus), and the Eastern indigo snake (Drymarchon corais couperi). C&N Environmental Consultants, Inc. June 9, 2004 04-048 7 Environmental Impact Study 7.75 Acre Grand Beach North Hutchinson Island A. Gopher Tortoise Burrow Survey 1. Methodology A thorough and systematic gopher tortoise burrow survey was conducted on the site in an attempt to determine a total enumeration of the number of active, inactive, and abandoned burrows located in areas of suitable habitat. Parallel east -west transects were established approximately 10 meters apart depending on vegetative density throughout the site. Transects began on the northern most end of the site and proceeded south, ending at the southeastern corner of the site. Within each transect, the biologists walked a "S" pattern to maximize the search potential within each transect. All burrows located within transects were flagged with color -coded surveyor's tape to indicate the location and activity status of each individual burrow. Pink surveyor's tape denoted an active burrow; orange an inactive burrow, and blue tape indicated an abandoned burrow. Burrow locations and status were mapped in the field on an aerial photograph (1":200') of the parcel. Burrow activity status is determined according to criteria established by Auffenberg and Franz (1982) recommended by the Florida Game and Fresh Water Fish Commission (FGFWFC) in "Guidelines for Gopher Tortoise Relocation", (1 February 1988). Active burrows show signs of recent activity such as tracks, fresh digging, or scat. Inactive burrows show no signs of recent activity and may have scattered leaf debris on the mound or mouth of burrow. Abandoned burrows have leaf litter and sometimes cobwebs in the burrow mouth, or may even be partially caved -in. During the gopher tortoise burrow survey, a search was conducted by observation for the presence or signs of gopher frog, eastern indigo snake, Florida mouse, and other species of special concern. 2. Survey Results The burrow survey conducted May 27, 2004 yielded a total of one (1) active burrow. The burrow is located in the northwest portion of the site under a cluster of cabbage palm trees. No other burrows or listed species was observed on the subject parcel. Florida Game and Fresh Water Fish Commission (FGFWFC) recommends using a conversion of 0.614 for estimating the tortoise population based on burrow activity studies conducted in north Florida (Auffnberg & Franz, 1982). However, pursuant to the requirements of Rules 68A-25.002 and 68A-27.005 of the Wildlife Code of the State of Florida, a permit for a gopher tortoise relocation/release project must be secured from the FFWCC prior to initiating any construction on the parcel. The application and supporting documentation should be submitted to the FFWCC for review at least 60 days prior to the time needed. Please be advised that the FFWCC has 90 days to issue or deny a permit application. C&N Environmental Consultants, Inc. June 9, 2004 04-048 8 Environmental Impact Study 7.75 Acre Grand Beach North Hutchinson Island As relocation is a last -resort accommodation for the welfare of the gopher tortoise, development permits from all local, state and federal agencies must be secured prior to submittal of the relocation permit application. Copies of all development permits must be appended to the application. A permanent management commitment or plan ensuring the recipient area will be managed compatible with gopher tortoise survival is required for the recipient area. A conservation .easement pursuant to F.S. 704.06 or other formal commitment by entities owning or otherwise controlling the property will be required. Documented evidence of either course should be appended to the application. Applicants for relocation permits should be suitably trained or experienced. Copies of the applicant credentials should be appended to the application. To address the Upper Respiratory Tract Disease (URDT), blood testing is required prior to relocation permitting. The applicant must have an authorization from the FFWCC to capture, handle, and collect blood for URTD testing. Tortoises cannot be captured/relocated on days for which the overnight low temperature for that day and the two consecutive days thereafter is forecasted by the U.S. National Weather Service to be below 50' F. During summer months, releases should not be made during the hottest part of the day where shade is limited. a. Donor Site Treatment The donor site must be thoroughly and systematically surveyed using appropriate, biologically sound methodology no more than 90 days prior to relocation. All burrow determined to be "active" or "inactive" per the criteria of Auffenberg and Franz (1982), must be excavated or trapped. b. Recipient Site Treatment The recipient sites should be either of similar habitat character and quality as the donor site or demonstrated to be suitable for gopher tortoise occupancy. The site must have sufficient carrying capacity to accommodate the tortoises. Relocation of 20 or fewer tortoises should be to recipient site already occupied by tortoises or sites that are contiguous with sites already occupied by tortoises. The recipient site cannot be located more than 50 miles north or south of the donor site. Recipient sites must be systematically surveyed prior to relocation. c. Capture Methodology Tortoise can be excavated from burrows with backhoe, trapped or otherwise capture by non -harmful means. It is recommended that the burrows be excavated by backhoe to within four feet of the burrow end, and the remainder excavated by hand. A garden hose marked at one foot intervals should be inserted into the C&N Environmental Consultants, Inc. Environmental Impact Study June 9, 2004 7.75 Acre Grand Beach North Hutchinson Island 04-048 9 burrow mouth before and during excavation to indicate length of burrow remaining to be excavated and to prevent losing the burrow upon possible cave-in. Prior to release, each tortoise must be sexed, measured, and permanently and uniquely marked by scute-notching as per FFWCC guidelines. Tortoises should be kept during relocation activities under safe, sanitary conditions. The tortoises should remain in the shade and not be released until the end of the day when conditions are cooler. c. Transport and Release Methodology Captured tortoise must be transported to the recipient site within 24 hours or immediately following the results of the blood tests are attained, under shaded and sanitary conditions. Care should be taken to avoid any physical damage to in -transit tortoises. On unoccupied recipient sites, relocated tortoises should be released in groups of no more than 20 in the same general vicinities with access to shade. On already occupied sites, relocatees should be distributed throughout the site, and, when possible, released at "old" or "inactive" burrows (per the criteria of Auffenberg and Franz {1982)). d. Reporting Any tortoise mortality or debilitating injury occurring during the capture, relocation and release phases of relocation is to be reported to the FFWCC within 5 days. A report form for gopher tortoise relocations shall be submitted to the FFWCC within 30 days of permit execution. B. Scrub Jay Survey A scrub jay survey was conducted on June 4, 2004 on the North Hutchinson Island parcel to determine the possible presence of the jay which is listed as Threatened by both the United States Fish & Wildlife Service (USFWS) and the FFWCC. In accordance with methodology set forth in Subsection 1.2, Ecology and Development - Related Habitat Requirements of the Florida Scrub Jay (Aphelocoma coerulescens coerulescens),Nongame Wildlife Program Technical Report No. 8, April 1991, a high quality tape recording of Florida scrub jay territorial scolding was played on the site to attract the jays. No jays were observed responding to the tape recording and no jays were observed in the area. In attempt to find out if there were known scrub jay families in the area, Kevin Kiser, Assistant Park Ranger at St. Lucie Inlet Natural Area was interviewed. He said that there were no known occurrences of scrub jays in the area and that they had never been observed in the park. Therefore, the surveys were discontinued. C&N Environmental Consultants, Inc. Environmental Impact Study June 9, 2004 7.75 Acre Grand Beach North Hutchinson Island 04-048 10 7.0 Wetland Analysis No wetlands occur on parcel. However, there is a ditch connected to the Indian River via a 36" culvert that would be considered by the U.S. Army Corps of Engineers as "waters of the United States", which will require a Nationwide 39 permit to fill. 8.0 Conclusion The Grand Beach North Hutchinson Island parcel has been previously cleared and partially developed. It is an excellent candidate for the proposed residential development as there are no environmental constraints to development identified on the subject parcel. The gopher tortoise must be addressed prior to site clearing. Off -site relocation is recommended due to the lone occurrence of the gopher tortoise. There are substantial numbers of gopher tortoises in the area and it may be desirable to obtain permission and a permit for the FFWCC to relocate the gopher tortoise to a hereby natural area. As there is no natural habitat remaining on the parcel, St. Lucie County will not require a twenty-five percent preservation for Upland Habitat. The U.S. Army Corps of Engineers (USACE) will require a Section 404 Dredge and Fill Permit prior to filling the existing ditch. As stated previously, a Nationwide 39 permit will likely be required. A General Environmental Resource Permit (ERP) will also be required to address the surface water management on the parcel. This permit can be secured from South Florida Water Management District (SFWMD). C&N Environmental Consultants, Inc. Environmental Impact Study June 9, 2004 7.75 Acre Grand Beach North Hutchinson Island 04-048 11 References Kale, Herbert W. II, and Maehr, David S. (1990). Florida's Birds. Pineapple Press, Sarasota, Florida. Department of Environmental Protection (1998). Florida Wetland Plants: An Identification Manual. University of Florida. Taylor, Walter Kingsley (1998). Florida Wildflowers in Their Natural Communities. University Press of Florida. Wunderlin, Richard P. (1982). Guide to the Vascular Plants of Central Florida. University Presses of Florida. University of Florida Extension. Weeds of Southern Turfgrasses. C&N Environmental Consultants, Inc. June 9, 2004 04-048 12 Environmental Impact Study 7.75 Acre Grand Beach North Hutchinson Island TABLES C&N Environmental Consultants, Inc. Environmental Impact Study June 9, 2004 7.75 Acre Grand Beach North Hutchinson Island 04-048 13 TABLE 1 VEGETATION LIST Sabal Palmetto Cabbage Palm Canopy tree Quercus geminate Sand Live Oak Canopy tree Sa/ix carolinia Willow Shrub Nerium Oleander Oleander Shrub Schinus terebinthlfolius Brazilian Pepper Shrub Crinum americanum String lily Herbaceous groundcover Stenotaphrum secundatum St. Augustine Grass Herbaceous groundcover Poinsettia cyathophora Painted leaf Herbaceous groundcover Linaria canadensis Oldfield toadflax Herbaceous ground cover Spermacoce verticellata L. White Head Broom Herbaceous groundcover Tribulus cistoides Punctureweed Herbaceous groundcover Richardia scabra L. Florida Pusley Herbaceous groundcover Bidens alba Common Beggarticks Herbaceous groundcover Phyla nodiflora Mat Lippia Herbaceous groundcover Cassia spp. Cassia Herbaceous groundcover Helianthus spp. Dune sunflower Herbaceous groundcover Ambrosia spp. Ragweed Herbaceous groundcover Sis rinchium spp. Blue-eyed grass Herbaceous groundcover Pterocaulon virgaturn Blackroot Herbaceous groundcover Urtica diocia Stinging Nettle Herbaceous groundcover C&N Environmental Consultants, Inc. June 9, 2004 04-048 14 Environmental Impact Study 7.75 Acre Grand Beach North Hutchinson Island TABLE 2 Wildlife Observed On -Site Loggerhead strike Lanius ludovicianus Mourning dove Zenaida macroura Crow Corvus brachyrhynchus Common Grackle Quiscalus quisculd FKilldeer Charadrius melodus G:ojpher tortoise* Go herus a assizii *Species of Special Concern, Florida Fish and Wildlife C&N Environmental Consultants, Inc. June 9, 2004 04-048 Conservation Commission 15 Environmental Impact Study 7.75 Acre Grand Beach North Hutchinson Island ATTACHMENTS PHOTOGRAPHS III I G ,� `�,'�' • ''� .l'} tIIa.. t .r " Rit rr In �Y < , • / Culvert located on the south end of the ditch on the property. Loggerhead Strike (Lanius ludovicianus) observed on power lines along the parcel. .. it w. 0 4;: .� a m' {r ' lk Ik JL - ."�+�� • 1 a' N • Killdeer (Charadrius vociferous) observed in the Northwest corner of the parcel. PMUD 06-001 Transmittal Master Checklist Primary Distribution Sent xeceivea Environmental Resources Department, Amy Mott X X Public Works, Don West Surveyor - Ron Harris: - X X Road, Bridge, & Transportation - Scott Herring: X X Stormwater Management - Chris Lestrange:. X X General Engineering - Kyle Croce: X X Zoning Supervisor - Paula Bushby: X - - Attorney Prop Acquisition - JoAnn Riley: x X- Sheriff's Department - Major Monahan: X X St Lucie County Fire. District - Captain Derek Foxx: X Ft Pierce Farms/North St Lucie Water Control District Ray Garcia: Property Appraiser'-s.Dffice Maurice Snyder: IFAS - Jeffrey Gellermann: Residential Only School Board. of St Lucie:County - Marty Sanders: X X Community Services (Transit) - Jody Bonet: X Geosranhical Based St Lucie. County Utility Department - X X Airport Authority - Diana Lewis: City of Ft Pierce - Beach/Recor: X X City of Port "St Lucie - Cheryl Friend: Ft Pierce Utilities Authority - David Mellert: Education and Research Authority - Jane Bachelor: Board of Commissioners Hearing: May 2, 2006 File Number PMUD 06-001 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Larry Szynkowski, Senior Planner/Y HROUGH: Robert Nix, Growth Management Director DATE: April 19, 2006 SUBJECT: Application of Grande Beach North Hutchinson,�LLC, for a Change in Zoning from CG (Commercial General) Zoning District) to PMUD (Planned Mixed Use Development) Zoning District and for- Preliminary Planned Mixed Use Development approval for the project known as Grande Beach. LOCATION: Northwest corner of the intersection of State Road A-1-A and Marina Drive (See the map showing subject parcels) CURRENT FUTURE LAND COM (Commercial) USE DESIGNATION: PROPOSED FUTURE LAND USE DESIGNATION: EXISTING ZONING: PROPOSED ZONING: PARCEL SIZE: PROPOSED USE: SURROUNDING FUTURE LAND USE DESIGNATIONS: Mixed Use (MXD- Medium Intensity) Commercial General (CG) PMUD `(Planned Mixed Use Development- Grande Beach) 9.44-acres Mixed Use (82-unit condominiums, 10,000 sq ft of commercial) RM (Residential Medium - 9 du/gross acre) to the north, west, east and southeast; RU (Residential Urban - 5 du/gross acre) to the east. May 2, 2006 Page 2 SURROUNDING ZONING DESIGNATIONS: SURROUNDING EXISTING LAND USES: UTILITY SERVICE: TRANSPORTATION IMPACTS: Request: Grande Beach North Hutchison Island , LLC Rezone & Preliminary Plan, File Number: PMUD 06-001 HIRD (Hutchinson Island Residential district) to the north, northwest, east and southeast; RS-4 (Residential Single Family — 4 du/gross acre) to the south and southwest; There are condominiums to the east, Atrium I and II (125 foot) high-rise condominiums; there are single- family residences immediately north at Riverwalk at The Sands; single-family and multiple -family residences in The Sands development to the north and west; further . northwest are the two-story -r. ultifamily Lakeshore Condominiums at the Sarici ; to the south are the -two-story multifamily Galleons Townhouses, and to the south and west, the single family with boat slips Coral Cove Subdivision; due west is a canal leading to the. Indian River. The subject property is within the St. Lucie County Utilities Service. Area. Public water- & sewer lines are up to the property from the south along A-1-A. RIGHT-OF-WAY ADEQUACY: The existing right-of-way width of A-1 A at this location is 100 feet. The existing right- of-way width of Marina Drive at this location is 60 feet.... SCHEDULED IMPROVEMENTS: Abandonment of a partial roadway and two alleys. PERMITTED USES: Section 7.03.00 PLANNED MIXED USE - DEVELOPMENT Identifies 'the uses permitted: by right, as accessory uses or through the conditional use process. Any "Conditional Use" is required to undergo review and approval before that use may be commenced on that property. Any use not identified in the zoning district regulations is a prohibited") use in that district (see Attachment "A.) FIRE/EMS PROTECTION: Fire District Station 9 is located approximately a quarter of a mile north at 3595 SR A-1=A. May 2, 2006 Request: Grande Beach North Hutchison Island, LLC Page 3 Rezone & Preliminary Plan, File Number: PMUD 06-001 TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 OF THE ST. LUCIE LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider the following determinations: Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant -is requesting a -Preliminary PMUD (Planned f,7i! ;:i Use Development) approval for the entire- 9.44 -acres of land including four parcels. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development. Code. According to Section 7.03.01 of the LDC, the purpose of the Planned Mixed Use Development (PMUD) zoning district is intended to allow for a combination of residential and .non-residential development .of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of land reflecting changes in the technology of land development; The applicant's proposed design includes 82 condominiums in six. (6) 3-story buildings plus one (1) 24-3-story (northern) building laid out in a semi -circle around 10,000 square feet of neighborhood commercial in two (2) 1-story buildings of 5,000 and 3,000 square feet, and 2,000 square feet in the first floor of the residential building east of the latter, commercial building. The architectural theme of all of these buildings: is Mediterranean with barrel tile roofs. Access, to the site is` proposed to be via an entranceway from SR A-1-A 260-feet north of Marina Drive. The entrance will have two 18-foot one-way lanes separated by a 14-f6ot median and flanked by 18-foot deep angled parking spaces for commercial uses on the north and south. The entrance leads to a 100-foot diameter round -a -bout with a 24-foot driveway. From the round -a -bout there will be ingress and egress north and south on 20- foot wide boulevard with a 10-foot median. Along this boulevard, there will be overflow parking for commercial use and access to residential buildings. Covered parking will be provided for residential use. A separate 24-foot driveway will be to the north end, 10-feet south of the property line which will be used as a secondary, emergency access into the site. As part of the site plan, the applicant is proposing to enhance the project by providing colored pavers, street furniture, landscaping, and on -street lighting. See Commercial May 2, 2006 Request: Grande Beach North Hutchison Island , LLC Page 4 Rezone & Preliminary Plan, File Number: PMUD 06-001 Area Detail Sheet 3 of 6. The creation of high -quality, high -value housing and commercial uses will be aesthetically attractive (See Sheet 3 Building Elevations and Foot Prints) and will produce a net economic benefit to the County. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs, The project is designed with a roadway with one central access point. The access point into the project is located on SR A-1-A with a southbound deceleration lane for a right turn to be provided by the applicant. There is sufficient right-of-way (100-feet) for a left turn lane. There will be no access at the south from Coral Avenue (AKA Flotilla Terrace) and. Marina Drive. St. Lucie County Utilities will be providing water and sewer to the subject property. The applicant has provided verification from the County that sufficient capacity is available to meet the demands of this project. The applicant as part of the infrastructure improvements will be required to extend the water and sewer lines into the subject site. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses, and, The proposed project is compatible with the character of the area and with the surrounding land uses. The properties located to the north, south and west are two- story condominiums. To the east are high rise condominiums. The proposed 3-story condominiums will be transitional. from the high rise to, the two-story buildings. Additionally, the northern building will reduce from 3-stories on the south end to 2-stories on the north end that is near (within 90-feet) the existing residences. D. _ Permit the enhancement of neighborhoods through the preservation .of natural features, the provision of underground utilities and the provision of recreatiomand open space. The applicant's. proposed design incorporates a 2.73=acre area on the southwest and a 1.01-acre on the northeast that will remain as open space. On the west side, there will be approximately 6,000 square feet of recreation area, swimming pool and tot lot for the children who may live in or visit the residents of the development. The four existing large oak trees and two palms on the site will be preserved. Three oak trees and forty-two palms will be relocated. There are .73-acres of dry detention areas that will be landscaped. While the development cannot provide a. broad range of services on a 9.44-acre area, it will provide neighborhood commercial services. There is some convenience commercial to the south and Fire and EMS Services nearby to the north on SR A-1-A. The application for Preliminary Planned Mixed Use Development (PMUD) approval has been . reviewed for consistency with the provisions of the St. -Lucie County Land Development Code and the proposed future land use amendment. The application has been determined to meet all applicable standards of review. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; May 2, 2006 Request: Grande Beach North Hutchison Island , LLC Page 5 Rezone & Preliminary Plan, File Number: PMUD 06-001 The applicant has demonstrated that the proposed PMUD (Planned Mixed Use Development) amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 and Policy 1.1.7.4 allow for residential intensity within the. RM (Residential Medium) Future Land Use designation at a maximum of 9 du/acre. The proposed project has been designed with a density of 9 du/acre, which is consistent with the existing Future Mixed Use Land Use designation. Policy 1.1.4.2 requires that new development be designed and planned in a manner, which . does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located in the St. Lucie County Utilities designated service area. p-.watsr line and.. a sewer line are both immediately south of tlx: proposed project. A condition of final approval for the proposed project is that the applicant will extent the water and sewer lines into their site. The County Utilities Department has provided verification that sufficient capacity is available to meet -the water demands of the project. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; There are condominiums to the east, Atrium I and II (125 foot) high-rise condominiums; there are single-family 'residences immediately north at The Riverwalk at The Sands; single-family and multiple -family residences are found in The Sands development to the north and west; further northwest are the two- story multifamily Lakeshore Condominiums at the Sands; to the south are the two-story multifamily Galleons Townhouses, and to the south and west is the single family with boat slips Coral Cove. Subdivision; due west is a canal leading to the Indian River. The proposed project is -compatible with the character of the area and. with the surrounding land uses:. The properties located to the north, south and west are two-story condominiums. To the east are high rise condominiums. These 3-story condominiums will be transitional from the high rise to the two-story buildings. 4. Whether there have been changed conditions that require an amendment; The existing 7,000 square -foot strip center has been mostly -vacant since being damaged by the hurricanes of 2004. The commercial property has seldom been fully occupied. 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; May 2, 2006 Request: Grande Beach North Hutchison Island , LLC Page 6 Rezone & Preliminary Plan, File Number: PMUD 06-001 The subject property is located in the St. Lucie County Utilities designated service area. A condition of approval for the proposed project is that the applicant extends the water and sewer lines into their site. The County Utilities Department has provided verification that sufficient capacity is available to meet the water demands of the project. The. applicant submitted a Traffic Impact Report (TIR) which looked at all the major arterials, and minor arterials within a 2 mile radius of the site. The Report indicates that the Level of Service (LOS) Capacity on SR A-1-A is 13,800 AADT. The proposed project will generate approximately the following daily trips on SR A-1-A: 0 8,445 AADT West of North Bridge o 11,910 AADT East of North -Bridge 0 8,025 AADT North of Shorewinds Drive o -7,625 AADT North of the Project The highest AADT above east of the bridge includes traffic that is diverted to the recreation and residential areas on the Island. The traffic analysis indicates that all roadways within the study area are expected to operate at a LOS C through 2006. 6. Whether, and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Vegetation The site has been previously cleared and partially developed. The proposed site design will. not result in significant adverse impacts on the natural environment. Of the total 9.44-acre area, the project design documents 4.47-acres (47% of the site) as open space. Trees The four ,existing large oak trees and two palms on the site will be preserved. Three oak trees and forty-two palms will be relocated. Gopher Tortoise A gopher tortoise burrow was located on the northwest end of the subject property. The gopher tortoise must be addressed prior to site clearing. Off -site relocation was recommended in the Environmental Impact Study. A permit for a gopher tortoise relocation/release project must be secured from FFWCC. The application should be submitted 90 days before it is needed. Water on Surface The .056-acre ditch on the northwestern portion of the parcel that is connected to the Indian River via a 36" culvert will require a Nationwide 39 permit from the May 2, 2006 Request: Grande Beach North Hutchison Island, LLC Page 7 Rezone & Preliminary Plan, File Number: PMUD 06-001 U.S. Army Corps in addition to a Section 404 Dredge and Fill Permit. A SFWMD Environmental Resource Permit will be required for water management/drainage. 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; The properties located to the north, south and west are two-story condominiums. To the east are high rise condominiums. These 3-story condominiums will be transitional from the high rise to the two-story buildings. 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 iR_ conflict with the public interest and is in harmony, . with the- purpose and intent of the St. Lucie County Land _ Development Code. COMMENTS: The petitioner, Grande Beach North Hutchinson Island ,LLC., has requested a change in zoning from the CG (Commercial General) Zoning District to the PMUD (Planned Mixed Use Development) Zoning District with RM-9 (Residential, Multiple -Family — 9 du/acre) on property located northwest of S'.R. A-1-A and Marina Drive in order to allow for the development of the property fora Mixed Use' Multiple -family 82 maximum unit condominium with 10,000 square -feet of Neighborhood. Commercial. Attached is a copy of Section 7.03.00 PLANNED MIXED USE DEVELOPMENT, of the St. Lucie County Land "Development Code, which delineates the permitted, accessory, and conditional uses allowed in this zoning district. If this change. in zoning is approved, the applicant, would be limited; to those uses allowed in the Residential, Multiple Family — 5 (RM-5); Residential, Multiple Family — 7 (RM-7); Residential, Multiple Family — 9 (RM-9); Commercial, Neighborhood (CN), Commercial, Office (CO); or Hutchinson Island Residential District (HIRD). Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in Section-11.06.03 and Section 7.03.03 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. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the request of Grande Beach Hutchinson Island LLC for the rezoning of the subject site to PMUD and the Preliminary Plan for the PMUD, subject to the following conditions:' 1. The Director of Growth Management is authorized to issue a development order in such form as he may prescribe. No development shall occur and the project cannot obtain any -permits until a development order is issued by the Director of Growth Management, or the person he designates in May 2, 2006 Request: Grande Beach North Hutchison Island , LLC Page 8 Rezone &..Preliminary Plan, File Number: PMUD 06-001 writing to issue the development order. The Development Order shall be recorded in the Public Records of St. Lucie County, Florida with the Resolution. 2. The Final Plat shall not be recorded until constructible engineering plans are approved, and all common improvements are either: a) built and accepted or approved by St. Lucie County; or b) secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 3. The resolution shall be recorded in order to provide constructive legal notice of development conditions that run with the land. The act of recording the resolution does not authorize development. All conditions of approval and applicable code requirements must be determined to be satisfied by the Director of Growth Management. _ --The.-, Director of Growth Management shall obtain comme►its from the appropriate county staff,.legal staff, and other responsible agencies regarding the satisfaction of all applicable code requirements and conditions of approval prior to issuing a development order. 5. The Department of Growth. Management shall confer with the County Engineer, Public Works Department, Environmental Resources Department, and Utilities Department to determine the number of constructible engineering plans that shall be required to be submitted for review. The applicant shall, following notification by the Director of Growth Management, submit the required number of plans to the Department of Growth Management for processing, distribution, and final action. 6. No development order shall be issued by fthe Director of Growth Management until a-complete°set sealed constructible final engineering plans, supporting calculations and survey data for the site work and offsite- improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, Fire Department, and any other -agency that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be, made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 7. The Director of Growth Management is authorized to evaluate project concurrency, and to issue a certificate of concurrency upon his determination that all requirements for concurrency management have been satisfied. No Development Order shall be issued prior to the issuance of a Certificate of Concurrency. 8. Prior to the recording of any Final Plats for the project, the developer, his successor or assigns,, shall either construct or provide sufficient security in May 2, 2006 Request: Grande Beach North Hutchison Island , LLC Page 9 Rezone 8 Preliminary Plan, File Number: PMUD 06-001 accordance with Section 11.04.00 of the St. Lucie County Land Development Code for the construction of a 6-foot wide sidewalk along the project's frontage on SR A-1-A. 9. The developer, his successors or assigns, shall be required to provide a Bus Stop/Transit Stop at the entrance to the project on SR A-1-A. 10. Prior to issuance of the Land Clearing Permits, the Applicant will be required to obtain the FFWCC Permit for gopher tortoise relocation/release, U.S. Army Corps Section 404 Permit and the 39 Permit. 11. Prior to issuance of the Land Clearing Permits, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees to be preserved or -relocated in accordance with the allowable mitigation options outlined in the St. Lucie County. Land Development Code. 12.: Prior .the issuance of--2nv Land -Clearing Permits for the Grande Beach PUD- Site, the developers, -or his assigns, shall clearly delineate ail trees to be preserved and/or protected. Delineation shall be by either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except to guide the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. Upon installation, the Environmental Resource Division prior to issuance of the land -clearing permit shall inspect the installed fencing. 13. The applicant shall be required to submit to St. Lucie County an annual. monitoring report demonstrating compliance with the conditions 10, 11, and 12 above. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. For the purpose of this condition, "completion of the development" shall mean the issuance of the 80th Certificate of Occupancy or the Certificate of Occupancy for the 98t' percentile of -the final project density in the event that less than 82 units are constructed on this site. 14. The developer shall be required to construct a south -bound right turn lane and all modifications as may: be required by St. Lucie County and FDOT excluding a traffic signal 15. Along internal major streets within the development, final asphalt lifts shall not be completed until 70% or more of the accessing residential units are completed. 16. Prior to the issuance of the certificate of occupancy for the first residential unit, the developer shall have completed the execution of a final utility service agreement with St Lucie County, indicating all developer obligations associated with servicing this site. 17. The applicant will extend the water and sewer lines into their site. 18. The permitted uses within the Grande Beach mixed use development shall be limited to those uses found in the Residential, Multiple Family — 5 (RM- May 2, 2006 Request: Grande Beach North Hutchison Island , LLC Page 10 Rezone & Preliminary Plan, File Number: PMUD 06- 001 5); Residential, Multiple Family — 7 (RM-7); Residential, Multiple Family - 9 (RM- 9); Commercial, Neighborhood (CN), Commercial, Office (CO); or Hutchinson Island Residential District (HIRD). 19. The subdivision plat, the final site plan, and engineering and construction drawings shall substantially conform to the site plan approved as a part of this resolution and attached as Exhibit 6. cc: Bobby Klein, Klein & Dobbins, Inc. Attachment May 2, 2006 Request: Grande Beach North Hutchison Island, LLC Page 11 Rezone & Preliminary Plan, File Number: PMUD 06- 001 Suggested motions to recommend approval/denial of this requested Rezoning and Preliminary Plan: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE REQUEST OF GRANDE BEACH NORTH HUTCHINSON, LLC, FOR A CHANGE IN ZONING FROM CG (COMMERCIAL GENERAL) TO PMUD (PLANNED MIXED USE - DEVELOPMENT), AND APPROVAL OF THE PMUD PRELIMINARY PLAN, BECAUSE [CITE REASON(S) WHY - PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE REQUEST OF GRANDE. BEACH NORTH HUTCHINSON, LLC, FOR A CHANGE IN ZONING FROM CG (COMMERCIAL GENERAL) TO PMUD (PLANNED MIXED USE DEVELOPMENT) AND APPROVAL OF THE PMUD PRELIMINARY PLAN, BECAUSE CITE REASON(S) WHY - PLEASE BE SPECIFIC] I RESOLUTION 06-055 2 File Number: PMUD-06-001, RZ 06-001 3 4 A RESOLUTION GRANTING REZONING FROM 5 COMMERCIAL GENERAL TO PLANNED MIXED 6 USE DEVELOPMENT AND APPROVAL OF A 7 PRELIMINARY PLAN FOR A PROJECT KNOWN 8 AS GRANDE BEACH PMUD. 9 10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 11 testimony and evidence, including but not limited to the staff report, has made the following 12 determinations: 13 14 1. Grande Beach North Hutchinson Island LLC. presented a petition for a Final Planned _ 15 _ Unit Development Flan and: Preliminary Plat for 8_unit resid4itia., cs;nclominiums 16 (seven 2-story and 3-story _ condominium buildings) 'and 10,000 square feet of 17 neighborhood commercial (2,000 square feet in a condominium building and two 18 building of 5,000 square feet and 3,000 square feet each) project to be known as 19 Grande Beach - PMUD. 20 21 2. On March 16, 2006, the St. Lucie County Planning and Zoning Commission held a 22 public hearing on the petition of -Grande Beach North Hutchinson Island LLC. for a 23 Final Planned Unit Development Plan and Preliminary Plat for 82-unit residential 24 condominiums (seven_ 2-story and 3-story condominium buildings) and 10,000 square '25 feet of neighborhood commercial (2,000 square feet in a condominium building and 26 two building of 5,000 square feet and 3,000 square feet each) project to be known. as 27 Grande Beach - PMUD, after publishing a notice of such hearing in the Tribune and 28 notifying by mail all property owners within 500 feet of the property.boundaries. 29 30 3. On March 16, 2006 the St. Lucie. County Local Planning Agency held public 31 hearing on the petition , after publishing notice at least 10 days prior to the hearing and 32 ` notifying by mail all owners of property within 500 feet of the subject property, and has 33 recommended that tliis Board deny the hereinafter described request for a change in 34 Future Land . Use Designation from COM (Commercial) to MXD (Mixed Use 35 Development — Grande Beach, Medium Intensity) with included Sub -area Policies as 36 listed here: 37 38 • Residential land uses will be limited to a maximum of 82 dwelling 39 (condominium) units. 40 • The maximum 40% residential threshold set forth in Section 7.03.03.A of the 41 St. Lucie County Land Development Code will not be applicable to 42 development on this site. 43 . The non-residential square footage required is 10,000 square feet. 44 . The commercial component of the project shall be integrated into the overall site 45 design through architecture, building materials, color and street orientation. 46 • A designated transit stop shall be provided within the development. Page 1 of 7 Resolution 06-055 May 2, 2005 File No.: PMUD 06-001 I 2 for the property described in Part A below; 3 4 4. On May 2, 2006, this Board held a public hearing on the petition of Grande Beach 5 North Hutchinson Island LLC., for Preliminary Planned Unit Development approval for 6 the project known as Grande Beach - PMUD after publishing a notice of such hearing 7 in the Tribune and notifying by mail all property owners within 500 feet of the subject 8 property. - 9 10 5. The proposed project is consistent with the general purpose, goals, objectives and 11 standards of the St. Lucie County Land Development Code, the St. Lucie County 12 Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 13 14 6. The proposed project will not have an undue adverse effect on adjacent property, the 15 character of the neighborhood, traffic conditions, parking, - utility facilities or other 16 chatters affecting the pGblic health, safety and general welfare. 17 w_ ._. 18 SITE PLAN 19 20 7. All reasonable steps have been Taken to minimize any adverse effect of the proposed 21 project on the immediate vicinity through building design, site design, landscaping and 22 screening. 23 24 8. The proposed project will be constructed, arranged and operated so as not to interfere 25 with the development and use of neighboring property, in accordance with applicable 26 district regulations. 27 28 9. The proposed project will be served by adequate public facilities and services. 29 30 10. The applicant has demonstrated that water supply; evacuation facilities and 31 emergency access are satisfactory to provide adequate fire protection. - 32 33 34 NOW, THEREFORE,- BE IT RESOLVED by the Board of County Commissioners of St. Lucie 35 County, Florida: 36 .37 A, Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the 38 Final Planned Unit Development and Preliminary Plan for the project to be known as 39 Grande Beach — PMUD,, and is hereby, approved as shown on the -site plan drawings 40 for the project prepared by Houston Cuozzo Group on July 1, 2005, last revised on 41 March 8, 2006, and date stamped received by the St. Lucie County Growth 42 Management Department on April 7, 2006, attached hereto as Exhibit 6, and 43 incorporated by reference, subject to the following conditions: 44 45 1. The Director of Growth Management is authorized to issue a development order 46 in such form as he may prescribe. No development shall occur and the project cannot 47 obtain any permits until a development order is issued by the Director of Growth 48 Management, or the person he designates in writing to issue the development order. Page 2 of 7 Resolution 06-055 May 2, 2005 File No.: PMUD 06-001 The Development Order shall be recorded in the Public Records of St. Lucie County Florida with the Resolution. 2. The Final Plat shall not be recorded until constructible engineering plans are approved, and all common improvements are either: a) built and accepted or approves by St. Lucie County; or b) secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. I The resolution shall be recorded in order to provide constructive legal notice of development conditions that run with the land. The act of recording the resolution does not authorize development. All conditions of approval and applicable code requirements must be determined to be satisfied by the Director of Growth Management. 4: The Director of Growth Management shall obtain comments from the appropriate COUNiLy staff, re oil staff, and other responsible a ancioe rcgarc inri the satisfaction of all applicable code requirements and conditions of approval prior to issuing a development order. 5. The Department of Growth Management shall confer with the County Engineer, Public Works Department, Environmental Resources Department, and Utilities Department to determine the number of constructible engineering plans that shall be required to be submitted for review. The applicant shall, following notification by the Director of Growth Management, submit the required number of plans to the Department of Growth Management for processing, distribution, and final action. 6. No development order shall be_ issued by the Director of Growth Management until a complete set sealed constructible final engineering plans, supporting calculations and survey data for the site worts and offsite improvements are approved by the Office of the. County Engineer, Public Works Department, Utilities Department, Environmental Resources- Department, Growth Management Department, Fire Department, and any other agency that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 7. The Directorof Growth Management is authorized to evaluate project concurrency, and to issue a certificate of concurrency upon his determination that all requirements for-concurrency management have been satisfied. No Development Order shall be issued prior to the issuance of a Certificate of Concurrency. 8. Prior to the recording of any Final Plats for the project, the developer, his successor or assigns, shall either construct or provide sufficient security in accordance with Section 11.04.00 of the St. Lucie County Land Development Code for the construction of a 6-foot wide sidewalk along the project's frontage on SR A-1-A. Page 3 of 7 Resolution 06-055 May 2, 2005 File No.: PMUD 06-001 1 9. The developer, his successors or assigns, shall be required to provide a Bus 2 Stop/Transit Stop at the entrance to the project on SR A-1-A. 3 4 10. Prior to issuance of the Land Clearing Permits, the Applicant will be required tc 5 obtain the FFWCC Permit for gopher tortoise relocation/release, U.S. Army Corps 6 Section 404 Permit and the 39 Permit. 7 8 11. Prior to issuance of the Land Clearing Permits, the- applicant shall be required to 9 submit to the County a final tree mitigation plan that indicates the location of all trees to 10 be preserved or relocated in accordance. with the allowable mitigation options outlined in 11 the St. Lucie County Land Development Code. 12 13 12. Prior the issuance of any Land Clearing Permits for the Grande Beach PUD 14 Site, the developers, or his assigns, shall clearly delineate all trees to be preserved 15 and/or protected. Delineation shall be by either the placing of silt fencing, safety fencing 16 or -similar type. of materials. Flagging shall not be used except to guide installation of 17 _th fenc�ag materials. All land clearing activities shall be a� accordance to the specific 18 conditions/standArds outlined in the Land Clearing Permit. Upon installation, the 19 Environmental Resource Division prior to issuance of the land -clearing permit shall 20 inspect the installed fencing. 21 22 13. The applicant shall be required to submit to St. Lucie County an annual 23 monitoring report demonstrating compliance with the conditions 10, 11, and 12 above. 24 The requirement for this report shall begin on the anniversary date of commencement of 25 construction and shall continue on that date until two (2) years after the completion of 26 the development. For the purpose of this condition, "completion of the development" 27 shall mean the issuance of the 80th Certificate of Occupancy or the Certificate of 28 Occupancy for the 98u' percentile of the final project density_ in the event that less than 29 82 units are constructed on this site. 30 31 14. The developer shall be required to construct a south -bound right turn lane and aH 32 modifications as may be required by St. Lucie County and FDOT excluding a traffic 33 signal. 34 - 35 15. Along internal major streets within the development, final asphalt lifts shall not be 36 completed until 70% or more of the accessing residential units are completed. 37 38 16. Prior to the issuance of the certificate of occupancy for the first residential unit, 39 the developer shall have completed the execution of a final utility service agreement with 40 St. Lucie County, indicating all developer obligations associated with servicing this site 41 42 17. The applicant will extend the water and sewer lines into their site. 43 44 18. The permitted uses within the Grande Beach mixed use development shall be 45 limited to those uses found in the Residential, Multiple Family — 5 (RM-5); Residential, 46 Multiple Family-- 7 (RM-7); Residential, Multiple Family — 9 (RM-9); Commercial, 47 Neighborhood (CN), Commercial, Office (CO); or Hutchinson Island Residential District 48 (HIRD). 49 Page 4 of 7 May 2; 2005 Resolution 06-055 File No.: PMUD 06-001 19. The subdivision plat, the final site plan, and engineering and construction drawings shall substantially conform to the site plan approved as a part of this resolution and attached as Exhibit 6. 20. Road impact fees shall be paid prior to the developer receiving a Final Development Order. The impact fees shall be paid at the most- recent rate calculated by the county. B. The property on which this site plan approval is being granted is described below. The property described as follows: Tract "E-1", Blocks 8 and 9 and alleys abutting thereto, Tract "F-1" and Tract "A" and the portion of Coral Avenue (n/k/a Flotilla Terrace) lying north of Marina Drive, according to the plat of Coral Cove Beach; Section One, as recorded,in PTat Book f -at Pages 30A dh 30B of the Public Records of St: -Lucie-County, Florida.:('As shown in Exhibit A) Containing 9.444 acres more or less. Location: Northwest of the intersection of Marina Drive and SR A-1-A owned by Grande Beach North Hutchinson Island, LLC. C. The Final Planned Unit Development Site Plan/Preliminary Plat approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Grande Beach — PUD, including any successors in interest, shall obtain all necessary development permits and construction authorizations. from the appropriate State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local -building permits of authorizations to commence development activities on the property described in Part B. D. The conditions set forth in Part A are an integral nonseverable part of the Preliminary Site Plan approval granted by this Resolution.. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, "the site plan approval granted by this resolution shall become null and void. E. The conditions set forth in Part A are an integral nonseverable part of the Preliminary Site Plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with .that condition, the site plan approval granted by this resolution shall become null and void. F. This Final Planned Unit Development Site Plan approval shall expire on May 3, 2008, unless .an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or unless a building permit is secured. Page 5 of 7 Resolution 06-055 May 2, 2005 File No.: PMUD 06-001 G. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. H. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which said plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward X Vice -Chairman :iris Craft_ - �, - .= X Commissioner Paula A. Lewis X Commissioner Joseph E. Smith x Commissioner Frannie Hutchinson X PASSED AND DULY ADOPTED -this 2nd day of May, 2006. , ATTEST BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS Page 6 of 7 May 2, 2005 Resolution 06-055 File No.: PMUD 06-001 Deputy Clerk County Attorney Page 7 of 7 May 2, 2005 Resolution 06-055 File No.: PMUD 06-001 Okeechobee County g tl i y rw X w i 7 a of LM Rtl i T � � V C 0 C �_ NOlInpW Rd _ [ ,blmLrn Rtl C M'w H.y y y _ - qa r i ow s s - _ i CD (D a �� •��► N enes9u> Je `p�� z eN '0 �� = chi \)° °6°�" o\N e a _ 0) ee'0 C m m z I m t7l CD a) >o o � 4 rn A r r C� A petition of Grande Bea_. I North Hutchinson Island, LLC for a Change in Zoning Designation from CG (Commercial General) to PMUD (Planned Mixed Use Development -Medium Intensity) Grande Beach �\\\ _:off`. Sea Palms Condo 2 W cXR Tiara Towers Condo �S �AKE�v L Q� 03 Sands on the Ocean WAY The Atrium on the Ocean II -n The Atrium on the Ocean MARINA DR /� I BERMUDA BEACH yD� p tiLr' � bGBIMIINN I �cG . SHORE WINDS DR Barclay Beach Club Aquanique Ocean Club 0 J m � O U �-2 PMUD 06-001 Legend sr-� �'',� N f—ri-Vanq "Wxt9 drrnr! ® Subject property Map prepared February 1, 2006 Grande Beach Zoning IM HIRD y�Py I RD North, Hutchinson Island, LLC Sea Palms Condo T Tiara Towers Condo HIRD Sands on the Ocean The Atrium on the Ocean II The Atrium on the Ocean Barclay Beach Club- HIRD Aquanique Ocean Club OG,p BIMINI DR Q PL S' w I D g Z O M SHORE WINDS DR LLm U CPUB � r_�V=7!% RS-4 PM U D 06-001 Legend- �'`?� N yowrh x�rgynr�,�r as�aswreu ® Subject property Map prepared February 1, 2006 Grande Beacn North Hutchinson Island, LLC Land Use Sea Palms Condo J� Z RM � Tiara Towers Condo 0S �KEV�E`N Oft,RM n QQ U� Sands on the Ocean OCELOT WAY RM The Atrium on the Ocean II T 0 a The Atrium on the Ocean Barclay Beach Club RM Aquanique Ocean Club a a z ILI I 0 J SHORE WINDS DR m CPUB FRU< R RU P.M U D 06-001 Legend- N ® Subject property Map prepared February 1, 2006 Grande Beacn North Hutchinson Island, LLC OR w 'A T aim , .{Hill 1 71&qn AX • it .. OCELQT,WAY •• / i11I1'tp ° �� i. O' t&a �...:,#Era•tM_ARINAD '�..ac�:, -� �'' ! ALA lb zr. ... 1` a� Apo Am� BERMt}pA BEACH DR . y K_": �` rai,Qr�'IM7740, � �. ,x ,. BB, M_IINI DR s i r Z I'rs, s. � '� a . ,.�. 14t� i �i � : � •-` n: ter. .� 1, 1'k .�j III.6 T tj"�w� �F �+.ra 14 '.r,rw.=a'.4...;'°'-. r. a\.rci i; "` J' r#.j•, y SHORE WINDS DR . -..._. � �.,,.'s;;,,TT,s..:, b r, • i ' _ ��a.a. cur. y� � `�• - PMU.D 06-001 Legend -,z— e. N �sowth'.A(angge�rent Depasewrent ® Subject property Map prepared February 1, 2006 BOARD OF COUNTY COMMISSIONERS April 13, 2006 GROWTH MANAGEMENT In accordance with the St. Lucie County Land Development Code, you are hereby advised that Grande Beach North Hutchinson Island, LLC has petitioned St. Lucie County for a Change in Zoning from the CG (Commercial General) Zoning District to the PMUD (Planned Mixed Use Development — Grande Beach) Zoning District for the following described property: Location: Northwest corner of the intersection of State Road A-1-A and Marina Drive on North Hutchinson Island. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The sec6hd p r n he petition will lie held al b:0� p1►t! or od thereafter as n^F•� aM 5-Y,� a May0d;0tP t3�rrmissione, s C3�uritbers, S4 Lue�ie_County Adminrstraaisn Building Annex,360_ - Virginia Avenue, Fort Pierce, 77orida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at public hearing, of this matter before the Planning and Zoning Commission and County Commission, -rather than by contact outside of the scheduled public hearing(s). We encourage you to speak" at these public hearings, or provide written comments for the record. " The proireedings `of flie°'Baard'tf 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. For such purpose, he may need to ensure that a verbatim record of the proceedings is made,. which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. - Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior Ito the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to: File Number: PMUD 06-001. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Doug C war Chairman JOSEPH E. SMITH, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 •. FRANNIE HUTCHINSON, District No. 4 CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 • GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fox: (772) 462-1581 . Tourist Development: (772) 462-1529 • Fax: (772) 462-2132 www.co.st-lucie.fl.us Section 3.01.03 Zoning District Use Regulations S. CG COMMERCIAL, GENERAL Purpose The purpose of this district is to provide and protect an environment suitable for a wide varies;; o,' commercial uses intended to serve a population over a large market area,, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. ..Permitted Uses _ `,-Adjustmenticollection-&credit, reporting services trazr -- b. Advertising (731) C. Amphitheaters (ee) d. Amusements & recreation services -except stadiums, arenas, racetracks, amusement parks and bingo parlors pe> e. Apparel & accessory stores (se) f. Automobile dealers (ss) g. Automotive rental, repairs &-serv. (except body repairs) p51.753.751) h. Beauty and barber services (723n24) i. Building materials, hardware and garden supply Mi j. Cleaning services 7349) k.,_.. Comrraercial,prtnting (999) I. Communications - except towers (,e) m. Computer programming, data processing & other computer serv. (737) n. Contract construction serv. (office & interior storage only) (lsnem) o. Cultural activities and nature exhibitions (999) P. Duplicating, mailing, commercial art/photo. & stenog. serv. (733). q. Eating places (sel) r. Educational services - except public schools (ez) S. Engineering, accounting, research, management & related services tsrr t. Equipment rental and leasing services pas) u: Executive, legislative, and judicial functions piff 93/9N95IM7) V. Farm labor and management services rore). W. Financial, insurance, and real estate (wx,x wr.4A"-r) X. Food stores (s,) y. Funeral and crematory services vzw Z. Gasoline service stations (5s41) aa. General merchandise stores (s3) bb. Health services (w) cc. Home furniture and furnishings (s7) dd. Landscape & horticultural services (07e) ee. Laundry, cleaning and garment services (7z1) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this code (w) gg. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) Adopted August 1, 1990 118 Revised Through 0810VOO Section 3.01.03 Zoning District Use Regulations (2) Used merchandise stores (s93) (3) Sporting goods (e941) (4) Book & stationary (5942/5943) (5) Jewelry (5944) (6) Hobby, toy and games (59.$) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (s947) (9) Luggage & leather goods (swa) (10) Fabric and mill products (s%91 (11) Catalog, mail order and direct selling (59e1Is9e3) (12) Liquified petroleum gas (propane) (sw)- (13) Florists (s992) 0 4_ Tobacco (s993) (15) News'dealers/newssla„ds V 6) Opuce`I goads (ssos) (17) Misc. retail (See SIC Code for specific uses) (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services m90 (2) Misc. retail (See SIC Code for specific uses) r m) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (?ae,) . (2) - Security system services ma) (3) News syndicate (73 a) (4) Photofinishing laboratories (7ass) (5) Business services misc. (7ae9) �• - Mobile -home dealers (s27) kk. Mobile food vendors (eating places, fruits & vegetables -retail) (m) II. Motion pictures, va) mm. Motor vehicle parking - commercial parking & vehicle storage. (7sz) nn. Museums, galleries and gardens rtw) oo. Personnel supply services pas) pp. Photo finishing services, (7ae+) qq. Photographic services (722) IT. Postal services (u) ss. Recreation facilities (m) tt. Repair services (7s) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.OU. c999) W. Social services: (1) Individual & family social services (e32Je39) (2) Child care services (m) (3) Job training and vocational rehabilitation services (ssa) ww. Travel agencies (4124) xx. Veterinary services (m) 3. Lot Size Requirements Lot size requirements. shall be in accordance with Section 7.04.00. AdOpNdAugust 1, 1990 119 Revised Through 0A'O1100 I '-A -tin .3.01.03 Zoning Disbict Use Regulations 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. A6itestablishments sti- fact to requirements of Sec. 7.10.10. s > b-. Drinking places (alcoholic beverages) - free-standing. (sa13) c. Disinfecting & pest control services. (7342 d. Amusement parks. (?m) e. Go-cart tracks. em) f. Hotels & motels. qo,) g. Household goods warehousing and storage -mini -warehouses (m) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7o32)° k. Retail trade: (1) Liquor stores. (s92) k 'Stadiums, arenas, and race tracks. (»+) I. Telecommunication towers.- subject to the standards of Section 8. Accessory .Uses Accessory uses are subject to the requirements of Section 8.00.00, and inciu(i i << a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial bi rildind, nr a detached single-family dwelling or mobile home, (for on -site security purposcs). C. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1. 1990 120 Revised Through 08/01/00 7.03.00 . PLANNED MIXED USE DEVELOPMENT 7.03.01. PURPOSE The Planned Mixed Use Development District (PMUD) is intended to allow for a combination of residential and non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. . encourage abroad range of services .(shopping, employment, schools, recreation, etc.) in close proximity to their need; D. allow for a juxtaposiflon of land-us*boti horizontaNY and vcn:cal;y, nat wmle ewls'a`allowed; E: allow design options that encourage an environment of stable character, compatible with sur- rounding land uses; and F. permit,the enhancement of neighborhoods through the preservation of natural features, the pro- vision of underground utilities, and the provision of recreation areas and open space; 7.03.02 PERMITTED USES AND LOCATIONS Policy 1.1.6.4 of the St. Lucie County. Comprehensive Plan sets forth an intensity plan for each area with a Mixed Use Development (MXD) future land use designation. Planned Mixed Use Development (PMUD) zoning is permitted only within the MXD future land use. Permitted uses within the PMUD zoning designation vary by intensity as specified below. Compatibility and relative placement of different uses shall be limited s specified in Table 7.1, Compatibility of Uses vs. Road Classification & Average'Daily Trips. A.. High Intensity Any permitted -use as identified in the Residential; .Multiple-Family-5 (RM-�5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9), Residential, Multiple-Family-11 (RM-11); Residential, Multiple-Family-15; (RM-15) Commercial; Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); 'Industrial, Light. (IL); Industrial, Heavy (IH); Utility(U); Institutional (1); or HIRD zoning districts.of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and any other special requirement as set forth in this Code; may be permitted in an area designated High Intensity Mixed Use Development to the extent consistent with the future Land Use designations of the St. Lucie County Comprehensive Plan. B. Medium Intensity Any permitted, use as identified in the Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential; Multiple-Famiiy-7 (RM-7); Residential, Multiple-Family-9 (RM-9); SL Lucie Co" Lana Devetopr a code Adopted August 1.1990 7 - 21 Revised Though 03AW4 Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (IL); Industrial, Heavy (IH); Utility (U); Institutional (1); or HIRD zoning districts of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and any other special requirement as set forth in thisCode may be perrhitted in an area designated Medium Intensity Mixed Use Development to the extent consistent with the .future Land Use designations of the St. Lucie County Comprehensive Plan. C. Low Intensity Any permitted use as identified in the Residential, Estate-1 (RE-1); Residential, Estate=2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential; Single-Family-4 (RS-4); Residential; .Multiple-Family-5. (RM-5); Resideiilfal, Mobile Home-5 (RMH-Sy, Residential, Multiple-Family-5 (RM-5); Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (.CG); Industrial, Light (IL); or HIRD zoning districtsof this Code, anyaccessory use specified in the final PMUD, and'any conditional use .specified in the final PMUD; subject to the requirements of See -Won 11.07.00 and 'any.other special requirement asset forth. in Pls'G:.de�ma 6rrr:i'L?ed'in:an area des w..ted-Low.irrle;nsit l�ed*e Develo Y �-� � Y pment to the - extent consistent with the future Land Use designations of the St. Lucie County Comprehensive Plen. D. -Location Criteria Planned Mixed Use Development shall be based on and controlled by the roadway classification as defined in Section 7.03.03(E) The various permitted uses shall be located within the'development based on the functional classification -of and the projected average daily trips on the adjacent roadway, as per Table 7-1 below. In the case of large scale developments, the developer shall, subject to the review and approval of the county "specify the functional classification of each road within the development. In the case of smaller projects which are located on existing roads, the county's classifications shall be used. In either case, projected traffic volumes shall be submitted as a part ot.the required•Traffic impact Report. TABLE 7-1 Residential ((ndivickal single lamely) < 4,500 Residential ftovickial tvvo or three tam < 4,500 < 4,500 Residential other > 101000 4501=.10,000 < 4,500 c 4,500 lnsftdk mal > 10,000 4501- 15.000 < 7,500 < 4,500 Professional service / Office > 10,000 4501 - 15,000 <.4.500 Nek t6orhood Commercial < 7 < 4 St"cis C=*W, land N&,Wo~ Cods Adopted August 1'. 1990 7'- 22 OSMS04 -w7.03.03 STANDARDS AND REQUIREMENTS Standards.and requirements for a Planned Mixed Use Development shall be as follows: MINIMUM AREA 'Mlnimunrareas'for land uses within -Planned Wed'Use as :sp.ecified in Table . 7.2 below. Where more that one land use is developed within a-` Planned Mixed- Use Development, the minimum size of the development shall be the sum of the minimum areas for each land use as specified in.Tabie 7-2 below. All land included as a partof the minimum requirement shall be contiguous and under common ownership or control. Residential land uses may not exceed 40 percent of the Planned Mixed Use Development. TABLE 7-2 B: 4 1 , r.l./-�lertL.�..�u.., 1.,,,:�.._.7 .�'}'�`C� .3....�....Gd° ..!•n �-'� ..:1-,.-.�.L��. .�,,.+1, - h,.,...,,f l � RESIDENTIAL DENSITY AND NON-RESIDENTIAL FLOOR AREA.. RATIOS . 1. The maximum permitted residential density of a Planned Mixed Use Development shall not exceed the residential density reflected in the Mixed Use Intensity Plans of the St. Lucie County Comprehensive Plan and referenced in Table 7-3 below. On North and South Hutchinson Island,. the provisions of Section 3.01.03(AA), HIRD (Hutchinson Island Residential Qistrict) shall govem.- sL L„a4 cowy.LNd Dwwwrwd cod. Adopbd Aupud 1.19M 7 - 23 fi hldTWcwh 05MU 4 2. For non-residential uses, intensityshall be limited by Floor Area Ratios as specified in Table 7-3.below. Floor. Area.Ratio is defined as the total floor area of.the building divided by the total area of the.lot. The total floor area of,the..building shall include all floors of the building; TABLE 7-3 Residential 15 V . lnat[h+rtlonal 1.50 Frol9sskna! service "Ice Commercial 1.00 Public ServicesAff ies 0.50 W KIUS ial 0.50 Residential 5 9 InsiMutional 1.00 Professional Semcialofte 1.00 Commercial . „ . 0.75- Public'servic"Altdi " . 0.25 Industrial 025 a 0 5 Residential lh► tMulimw - 0.50 Professional ServicWOfiice - -0•6 Commercial 0.50 Public servicaUdities 0.25 Whore mixed land uses are horizontally or vertically integrated on the same parcel, the developer shall demonstrate that the parcel contains sufficient land area for the proposed uses to have been approved individually. Ir. DIMENSIONAL REQUIREMENTS For Mixed Use Developments, area, OM' hdi6ht and othef dimensional requirements of Chapters 7, 8, 9, and 13 shall be determined at the lime of final PMUD Plan approval except that 3L t wb Cw*j tared Dw"wn» * Code Z - 24 Aevi ee n►ou0h o5n5KH AMopsdAuPsr 1.1990" for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. Where area, yard, height and other dimensional requirements, as defined by the Planned Mixed Use Development are less restrictive than similar requirements of this Code, approval may be granted by the Board of County Commissioners upon demonstration that such less restrictive dimensional requirements are determined to be consistent with.the intent and purpose of the St. Lucie County Comprehensive Plan, and he other standards and requirements of this Code. D. PUBLIC FACILITIES 1. In order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie Cobrity Comprehensive Plan, the Planned Mixed Use Development shall be zfesigned and located so -there -will be no net public cost for the: provision of water lines, ewage lines, storm and r-mlace drainage systc rt4, andother utility -systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (60) inches. A'ctual..water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8') inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. The maximum number of f ire hydrants that may be located on any dead end water main is one (1). 4. Fite hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie Courity-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Roadway Classification - Roadways in Planned Mixed Use Developments shall be classif led as arterial, collector, or local roads or streets..These claRsifications are. presented in order of the intensity of .their associated uses. Local streets are further subdivided into -- residential and sc vb. CM*Y Lxd oereWpm t Cade Adopled August 1.1990 7 - 25 general streets. While the uses permitted along these streets differ, neither of these classifications Is intended to be used more intensively than the other. Further definitions of -and standards forthese classifications as used for Planned Mixed Use Developments are found below and in Table 7-4. a. Arterial road - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high -operating speed, and high mobility importance: b. Collector road - A route -providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately...average operating speed -Such a route also. collects and distributes traffic between local roads or arterial roads.and serves as a linkage between land. access and mobility. needs. C. Local streets - Routes which primarily permit direct access to abutting property and connections to a higher order roadway. A local street provides service that is relativelylow in volume and short average trip length or minimal through traffic movements. (1) Residential local street - a local 'street on which only residential, institutional, and neighborhood commercial uses are permitted (see Table 7-1). (2) 'General local street - a local street on which some residential uses are at Lab CM* Land Dum4 mwr Cod. Aeop.d AopAl �. �se� - 7 - 26 Fisvised Tiiiou�n osnsro4 prohibited (see Table 7-1). 2. Roadway Design Criteria - The following criteria shall be used in planning for traffic circulation. a. Minimum dimensional requirements for roadways in Planned Mixed Use Developments shall be as specified in Table 7-4 below, unless otherwise approved. b. Principal vehicular access points shall be designed for smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Local streets within the Planned Mixed Use Development shall not be connected.to streets outside the development where their use would encourage through traffic. c. The proposed Planned Mixed Use Development shall be designed so that it will not crew tra i c cong estlon on the arterial and collector roads surrounding the project, , ;, -..: �. or surly surronncinn,iilec`tor or artsriaiiroadtiacll'b`irrroved so that they will not be adversely affocied. - - d. The proposed Planned Mixed Use Development shall be designed so that arterial and collector roads which enter or leave the project, shalt connect to roads of the same or higher classification. e. As specified in Table 7-1 above, all non-residential land uses, other than neighborhood commercial, within the Planned Mixed Use Development shall have direct access to a general Local or collector street without creating traffic hazards or congestion on any street. f. As specified in Table 7-1 above, all residential land uses within the Planned Mixed Use Development shall have direct access to a residential local, a general local or a -collector street without creating traffic hazards on any street. g- Access points on all collector or- arterial streets serving a Planned Mixed Use Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. h. Access to arterial strdets shall be permitted -only for uses -with projected average daily traps (ADTs) of 4,500 or greater (see Table 7-1). i; Streets in a Planned Mixed Use Development may be dedicated to public use or retained udder private ownership. Said streets and associated improvements shall comply with Chapter 13, Building Regulations and Public Works Construction, of the St. Lucie County Land Development Regulations. Variations to the standard minimum right-of-way widths may be considered as part of the Planned Mixed Use Development if it - is shown to the satisfaction -.of the Board of - County Commissioners, that the- requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Mixed Use Development. st Lude C=4 tans vwomp nwd cod. Mep i A„o„d I, 190 7 - 27 Rw "dTfwa OSM6roa j. All roads and streets shall intersect at an approximate *50 angle of ninety degrees (90°) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cukle-sacs shall be provided at the end of all dead end roads or streets greater than five hundred and one (501) feet in length. The length of a dead-end street _ shalt, be measured along the centerbnef the street from the its point of ne er±di-Warintersection w `the confierl ie gf interitieting street to the end of the dead-end street or -roadway. Aif cut-de-sacs'shall 'have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is. five hundred (500) feet or less in length, a "Y' or "T" type of turn around may be approved. If a dead end street is temporary in nature'then a temporary cul-de-sac shall be required until the roadwayJs connected to another street or road. In the center of the. cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter'of`hot less than seventeen (17) feet, unless -otherwise approved through the review of the Planned Unit _Development_ All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum. of ten (10) feet from any exterior building walls, except for security -gatehouses or similar security structures located in a private street or road right-of=way._ Any pedestrian circulation system and its related walkways shall be separated from the vehicular street system. This may include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation: areas, local shopping areas, and other neighborhood uses which generate a considerable. amount of pedestrian traffic. 7 - 28 Rewbed ThWWO WM51" TABLE 7-4 Requires curb.& gutter for stormwater design unless otherwise approved by County Engineer. Soueoc .tliod 9NMD�gMMAdT�alMfw�._ - AirC6sd�rwplflortd�D�prY�+AdT�r�yaYYa�Flsida Lwrd d 7rrlsSlrwn! od Qtdior4 err for FMiil.lpi tel¢ . .- eLLuiCadyCow-W rDwsebrnWD*wu-d - F. PARKING AND LOADING ►: t. ` General Provisions a. The number, type, and location of parking spaces shall be determined at the time r of final Planned Mixed Use Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01(F) of this Code. The - number of parking spaces required by this section may be reduced. based on substantial competent evidence that the reduced number of spaces -is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. - b.. Reserved parking spaces may be provided; in `lieu of paved spaces, subject to Section 7.06.02(C) of this Code. St nude Cmx*y tyw orm4mord code AdopWAugud 1.199D 7-29 FWAsa Through OSMSM 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code,. and the following standards: a. Off-street parking and loading areas shall be designed to provide. traveiways between adjacent uses while;discouraging through traffic. b. Off-street parking and loading areas shall :be screened from -adjacent roads and pedestrian walkways with hedges, dense planting, or changes :in grades or. walls. 3. -On Street Parking In Planned Mixed Use Developments; on street parking may be* used so- long -as the :road on which the on -street parking is -proposed lies entirely within the fti'.s D.f: tho'-defin9d , Planned Mixed- Use Development and � such parking would not . contravene ar%-ottier Y - pr"ovisio of This Code or tine St: L`ucie:County Code'oi Oriiir:a r t s. Wlhdrn`. uch ori:d,ee parking and loading is used, it shall be consistentwill the following design-standaWs:..: a. The minimum size of a parking stall shall 15e as follbWs: parallel 8 feet X 23 feet angled 10 feet X 18 feet handicapped (parallel) 12 feet X 23 feet handicapped (angled) 12 feet X 18 feet b. Handicapped parking. spaces shall, be appropriately marked. C. Access.for.emergency fire vehicles shall be in accordance with:NFPA standards. d. No more than fifteen (15) parking spaces shall'be permitted in.a continuous row without being interrupted by a minimum landscape -area of 360 square feet. . G. LIGHTING All lighiing facilities shall be arranged in such a manner so as to prevent direct glare or h9zardous interference of any kind to adjoining streets or properties. A detailed lightingplan shall be required for arterial and collector streets and any Planned Mixed Use Development located on North or South Hutchinson Island, H. BUFFERS AND LANDSCAPING BETWEEN USES WITHIN THE PLANNED MIXED USE DEVELOPMENT Mixed Use Developments shall provide buffers and landscaping as- required by Section 7.09.00, . unless otherwise approved. PLANNED MIXED USE DEVELOPMENT PERIMETER BUFFERS.. Buffers at the perimeter of the PMUD shall be as specified in Table 7-5 below. sL Lade COX" Lana Dwebpmera cod+ 7 - 30 Awind- ro;,ot�o5n51i1s - AdopbdAugml.1990 TABLE 7-5 To be determined 1CIALANSMUMNAL 30 Feet by the zoning of the adjacent q, property J. SETBACKS FROM AGRICULTURAL LAND ar3nod-Wi euUss Devfalht�tents adjacent iq land used fora r'icultural pur�,spo Vr designated . for agricultural use on the Future Land Usc Map of�tho St. Lucie county Comprehensive Plarr_shail provide setbacks from the agricultural land suffjcieni to protect the: function and operation of those uses from the encroachment of Urban activities or- uses. K. OPEN SPACE AND LANDSCAPING STANDARDS 1. A minimum of thirty-five (35) percent of the gross area of the land to be committed to a Planned Mixed Use Development must be for use as common open space,.which may .include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping or planting areas, or other areas of public purposes other than street, road or drainage rights -of -way, above ground utilities, excluding exclusive stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, isle must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given ata rate of 150 percent per acre towards the remaining common open space requirement. 2.. All areas to -be dedicated for -corrimon open space shall be identified as part of the Preliminary Development Plan for the Planned Mixed Use Development: Areas that are f loodways, lakes, wetlands, and stormwater retention .areas may be applied to satisfy the total common open space, subject toahe requirement that 15% of any existing native habitat on the property must be included as part of the required 35'o common open space. As part of the Final Planned Mixed Use Development submission process, the developer or a: petitioner for the .Planned Mixed Use Development shall provide for one of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it . All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Mixed Use Development ;or, SL Ltcb CCU* Lard DsvebpnW t cod. AdopW Aur.W 1.19M 7 - 31. Rwis«f Trmuo WnSl04 3. - 4.- b. A phased conveyance of the land to be used for common open space to a public or acceptable private agency that.will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on 'it. The schedule for.the phased conveyance of any such lands to be used 'for common open space shall' be a specific condition of -approval for the Planned Unit Development. No such parcel of land dedicatpd;or. conveyed for common open space shaif.be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Mixed Use Development. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regulatory authority may.be counted towards the overall common open space requirement, provided that the common open space meets the requirements of thlb-Code. landscaping 'tor off-street parking_ andloading areas sbaiS; as a minimum, meet •,lie requirements of 7.09.00. 5. For Planned Mixed Use Developments to be constructed:instages of phases, the net open space provided in an individual stage or phase may vary from the required thirty-five (35) percent if the approved plan for the Planned Mixed Use Development provides for the required open space, and the County is assured that the open space Will be provided. L PHASING 1. A Planned Mixed Use Development may developed in more than one'stage or phase. .2. if a-Final.Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or. phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are- subject to approval by the -:Board of County Commissioners. Unless otherwise amended by the Board of County. Commissioners through the Final . Development Site Plan review process, the following sequence of development must be adhered to: a. One or.more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security.posted prior to the issuance of building or.mobile home permits of more than forty (40) percent, or other percentage as determined by the Board to be -appropriately based on circumstances that include the size of the project and the.-. proposed phasing. schedule of. -the total number of authorized :dwelling: units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi -phased development shall be completed or appropriate security posted prior to issuance -of building or mobile -home permits or. the recording of any final plat within that phase:. - b. For Planned Mixed Use Developments to be constructed in stages or phases, the net density..of an individual stage or phase may vary from the approved Final Site St. LWb C dy lava DWWWnwd soft Ad*bd^Vug 1.19W 7 - 32 R*vimd Thagh 0W15 04 Plan subject to the requirements in Section 11.02.05. 3. Notwithstanding the above, if the land is within a Development of Regional Impact and governed by a development order, the development order shall govern the timing of the phases or stages of development activity. M. SIGNS 1. Signs within any Planned Mixed Use Development (PMUD), less than or equal to 100 acres in overall area, shall comply with the provisions of Chapter 9 of this code, provided however, that the Board of County Commissioners may condition approval of.a. Planned Mixed Use Development (PMUD), upon compliance with more stringent.sign.regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent.public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan. - :2. Signs within' any Planned Mixed Use Development (PMUD),: greater than•.100 acres. in oveWJ area -may submit a general sigpage.plan for -the Piannomd.Mbwd.Use:DsvelopmfL4u; as part of the Final F[Anned Unit bevelopment-Plan submissions. The general3tignage plan shall be based on the general dimension and size standards applicable to other similarly designated property, provided, however; that the Board of County Commissioners may condition approval of a Planned Mixed Use Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development- to ensure compatibility with surrounding land uses, to ensure public safety and .prevent public harm, and to ensure compliance with the St. Lucie County Comprehensive Plan: 3. 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LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA MAY 2, 2006 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. Lucia County'Com- pprehensive Plan that the following applicants heve requested that the St. Lucie County Board of County Commissioners consider the followin requests: Grande eeec� North Hutchinson Island, LLC for .a Change in Zoning from the CG (Co- mmercial General) Zoning District to the PMUD (Planned Mixed Use Development - Grande Beach) Zoning District for the follow- inngp ��ropert�r: TRACT 'E-1 , BLOCKS 8 AND 9 AND ALLEYS ABUTTING THERETO, -TRACT 'F-1' AND TRACT 'A' AND A PROTION OF CORAL AVE- NUE (N/K/A FLOTILLA TERRACE) LYING NORTH OF MARINA DRIVE, ACCORDING TO' THE PLAT OF CORAL COVE BEACH, ,SEC. TRW ONE, AS RECORDED IN PLAT BOOK 11 AT PAGES 30A AND 308 OF THE PUBLIC RE- CORDS OF ST. LLIVE COUNTY, FLORIDA CONTAINING 9.444 ACRES MORE OR LESS. Location:. . Northwest corner of the Intersection of North SR A-1-A and Marina Drive on North Hutchinson Island. The PUBLIC HEARING on this item will be held In the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Adminis- tration Building, 2300 Virginia Avenue, Fort Pierce, Florida on May 2, 2006, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at -this meeting, or the Item can be continued to a future'date and time. All interested persons will be given an oppor- tunity to be heard. Written comments re- ceived in advance, of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management De- partment - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Man*pement Department offices located at 2300 Virginia Avenue, Fort Pierce, Florida. Please call 772/462-2822 if you have any questions or require additional information. The .file for this project may be inspected pri- or to the hearing date in the Growth Manage- ment Department, 2300 Virginia Avenue, 2nd i'Floor, Fort Pierce, Florida. The St. Lucie County Board of County Commis- afoners has the power to review and grant any applications within their area of respon- sibility. The proceedings of the Board of County Corn- missioners are electronically recorded. ,PURSUANT TO Section 286.0105, Florida ,.Statutes, if a person decides to appeal any 'decision made by the Board of County Com- missioners with respect to any matter con- sidered'st a meeting or hearing, he will need a record of the proceedings. For such pur- pose, he may need to ensure that a verbatim record of the proceedings is made, which re- cord 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 parry to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be "continued from time to time as may be necessary to a date -cer- tain. Anyone with a disability requiring .accommo- `dation to attend this meeting should contact the St. Lucie County Community Services Di- rector at least forty-eight 148) hours prior to the meeting at 772/462-1777 or T.D.D. Tre-isure Coast Newspapers Tuesday, AM[ A MAN BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ DOUG COWARD, CHAIRMAN okpril,18, 2006 137 0 AGENDA REQUEST ITEM NO. 5C TO: BOARD OF COUNTY COMMISSIONERS DATE: May 2, 2006 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [x] CONSENT [] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Petition for Abandonment Petition to abandon a portion of a 60-foot platted right-of-way known as Flotilla Terrace along with two 30-foot alleys Resolution 06-126 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve Resolution No. 06-126, instruct staff to publish the final Notice of Abandonment, record Resolution No. 06-126, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County. COMMISSION ACTION: rA APPROVED [ ] OTHER Approved 4-1 Comm. Coward No [x] County Attorney: [x] Originating Dept: 10- [ ] DENIED Review and Approvals [ ] Road and Bridge: [x] Engineering: ✓M. Anderson Administrator [x] Public Works: VY. [ ] Purchasing: PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: May 2, 2006 SUBJECT: Public Hearing Petition to abandon a portion of a 60-foot platted right-of-way known as Flotilla Terrace along with two 30-foot alleys Resolution 06-126 BACKGROUND: The Property Acquisition Division received a request to abandon a platted 60-foot right-of-way along with two 30-foot alleys in the platted subdivision of Coral Cove Beach recorded in Plat Book 11 Page 30A and 30B. The petitioner requests the abandonment of a portion of Flotilla Avenue, f/k/a Coral Avenue and two 30-foot alleyways, in order too more efficiently develop their property as a single contiguous property. Developing the property as a single contiguous property will allow construction of a mixed use development, with vertical improvements located toward the center of the property, resulting in increased buffering from neighboring properties. The petitioner has submitted a site plan called Grande Beach North Hutchinson Island, LLC. The abandonment, future land use amendment and site plan approval will be presented simultaneously. There have been objections to the development and abandonment with a public records request of Grande Beach from the North Beach Association of Saint Lucie County, Inc. In Mr. Robert Emery's letter, he asks that the developer donate lands equal to the abandonment parcels for the community to use as an activities building for functions, voting association meetings etc. Also, Nancy Spalding, Secretary of Coral Cove Beach Owners Association, Inc. approved the project but wanted the vacating of Flotilla Terrace a condition of the site plan approval. We have attached the objection letters. RECOMMENDATION: Staff recommends the Board approve Resolution No. 06-126, instruct staff to publish the final Notice of Abandonment and record Resolution No. 06-126, Proof of Publication of the Notice of Public Hearing and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. Respectfully submitted, J Ann Riley Property Acquisition Manager Grande Beach North Hutchinson Island Abandonment of a portion of Flotilla Terrace and 2 alleys S `�EV1EW C1R R`VSR\N fl� MARINA DR o: w F g 0 BERMUDA BEACH DR a _ Subject property a N A 0 75 150 30D � 1 1 Feet CORAL COVE BEACH OWNERS ASSOCIATION 211 Marina Drive Ft. Pierce, FL. 34949 772-465-5826 fax: 772-465-9062 August 9, 2005 St. Lucie County Community Development 2300 Virginia Avenue Ft. Pierce, FL. 34982 Ladies and Gentlemen: The project planned for North Hutchinson Island at the Sands Plaza sounds acceptable and we support it; however, we wish to go on record as opposing any plans to vacate Flotilla Terrace, the street behind the current stores, before the site plans are "set in stone". In other words, vacating Flotilla Terrace must be conditioned on site plans approved by the County Commission and Coral Cove with all assurances that the project will go forward in a timely manner. Sincerely, /,�D Nancy Spalding, Secretary Cc: St. Lucie County Commissioners NORTH BEACH ASSOCIATION OF ST. LUCIE CO., INC. P.O. BOX 3573 FORT PIERCE, FL 34948 Craig Mundt, President Diane Andrews, Vice President Jean Downing, Vice President &Secretary Wm. McKenney, Vice President Peter Wittkuhns, Treasurer February 13, 2006 Ms. Heather Young Assistant County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Public Hearing for Petition PA-05-008, February 16, 2006 FES 1 3 Dear Ms. Young: A public hearing has been scheduled for February 16, 2006 on the proposal before the Local Planning Agency to consider a request to change the Future Land Use designation of the lands indicated on the map accompanying the published legal notice and on the map included with the letter notification to nearby landowners. The "Land Preservation Committee of the North Beach Association respectfully requests that the hearing be postponed for failure to comply with certain requirements contained in the Land Development Code. Specifically: 1. The land proposed for change is made up of four separate and distinct parcels, each with its own property identification number and plat. designation (Blocks 8 and 9 of Tract E-1, Tract F-1 and Tract A, all in Coral Cove Beach Section I, Plat Book 11, pages 30A and 30B), yet the signage posted on February 6`h is only on Block 8. And, it is only Block 8 that fits the written description of the property in both notifications as being located on the NW corner of the intersection of North SR AlA and Marina Drive. Block 9 is located on North SR AlA and is separated from Block 8 by a clearly -delineated road; Tract F-1 is located on Flotilla Terrace (formerly Coral Avenue); and Tract A is located at the intersection of Flotilla Terrace and Marina Drive. 2. The graphic of the proposed land use change accompanying the letter notification to nearby landowners erroneously and misleadingly includes one publicly -owned road (the northernmost block of Flotilla Terrace) and two 30-foot wide alleys abutting the north and south ends of Tract E-1, a total of 1.2 acres of public land. These rights -of -way were the subject of a "Notice of Intent to Abandon" published by the developer, Grande Beach North Hutchinson Island LLC, on July l" and 8t' of 2005, yet a petition was never j submitted for action. The "Drives, Circles, Waterways, Lanes, Avenues, Roads, ✓ Walkways, Alleys and Easements" on the Coral Cove Beach plat were dedicated to, and accepted in writing by, the County " for the "perpetual use of the public for prop r DT, n 1` 4 purposes". Any abandonment of these properties to private ownership would require a separate public hearing and a showing that abandonment would be "for proper purposes". 3. The information contained in the legal notice of February 6, 2006 is woefully inadequate and pales in comparison to the legal notice published by the predecessor owner for the same purpose on February. 16, 2005, exactly a year ago. Samples of both are attached. We believe that the exhibits that are attached (listed below) speak for themselves, and we respectfully request that our petition for postponement be favorably acted upon by the County Attorney and the item removed from the agenda of February 16, 2006 for rescheduling at a later date, after proper legal procedures have been followed. Exhibits A: Portion of current Zoning Atlas showing 4 parcels and 3 B: Photo of signage on Block 8, Tract E-1; C: Photo of Tracts A & F-1 showing no signage; D: Growth Management's Feb. 3`d notification letter with inclusive graphic; E: Notice of Intent to Abandon, July 2005; F: Published legal notice, February 6, 2006; and G: Published legal notice, February 16, 2005. Sincerely, Diane Andrews Vice President & Chair, Land Preservation Committee Copy: Chairman, P&Z rK Q —�(u) Director/Growth Managementc,� public rights -of -way; partial description and all- s 6•+u-e~v J Downin�+�./ Vice Preside Page 1 of 1 Janet Licausi - Property Acquisition - Grande Beach From: "Diane Andrews" <andrewsl 14@bellsouth.net> To: <licausij@co.st-lucie.fl.us> Date: 2/15/2006 1:16 PM Subject: Property Acquisition - Grande Beach CC: <bnjhearn@aol.com>, "Heather Young" <heathery@stlucieco.gov>, "David Kelly" <davidk@co.st- lucie.fl.us> Land Preservation Committee North Beach Association of St. Lucie Co., Inc. February 15, 2006 Dear Ms. LiCausi: You and I have spoken previously about the Notice of Intent to Abandon published last July by Grande Beach North Hutchinson, LLC, and which has yet to be finalized. I note that on December 27, 2005 you advised the Senior Planner that there was still a need for the applicant to acquire consent from the Coral Cove Beach Owners Association. Please be advised that this association has no standing in the matter. It is not a homeowners' association as defined by Florida Statute [F.S. 720.301(7)]. They have no Declaration, By -Laws or Articles of Incorporation recorded with the Clerk of the Court, creating a mandatory homeowners' association. It is an association formed in 1999 for the sole purpose of filing a class action suit to obtain a deeded easement to a 5' beach access that was part of Tract Q of the Plat, and which was undergoing rezoning from COM to HIRD. Class action status was granted for civil action to obtain their goals but owners were allowed to opt out, and some did. In any case;, the association cannot speak for Coral Cove property owners on this matter. We believe that affected individual property owners would need to consent. The plat of "Coral Cove Beach Section One" (Plat Book 11, pages 30A and 30B) contains a dedication that was accepted by the County that dedicates the "Drives, Circles, Waterways, Lanes, Avenues, Roads, Walkways, Alleys and Easements" on the plat "for the perpetual use of the public for proper purposes". If it is determined that all property owners in the plat of "Coral Cove Beach Section One" need to consent to this abandonment because of the pepetual dedication and who could be argued have a vested interest, then we are talking about all of the property west of North Al and north of Shorewinds Drive up to the Sands Community development, as well as all of the property north of Shorewinds Drive on the east side of North Al as far north as to include the Sands -on -the -Ocean condominium. This committee is also going on record to oppose any action on preliminary development approval for plans that include these public rights -of -way until such time as the abandonment has been successfully accomplished. Sincerely, Diane Andrews Chair, Land Preservation Committee file://C:\Documents%20and%2OSettings\Administrator\Local%2OSettings\Temp\GW}OOOOI.HTM 2/15/2006 7 aao r7l' APP d9 � This instrument prepared by: Janet LiCausi, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RESOL UTION NO. 06-126 DATE: May 2, 2006 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CLOSING, VACATING AND ABANDONING ANY INTEREST OF ST. LUCIE COUNTYAND THE GENERAL PUBLIC IN A PORTION OF A 60-FOOT PLATTED RIGHT-OF-WAY KNOWN AS FLOTILLA TERRACE (FORMERLY KNOWN AS CORAL AVENUE) AND TWO 30-FOOT ALLEYS IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: .1. That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01 et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights -of -way in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. Pursuant to Plat Book 11, Page 30A and Page 30B, St. Lucie County and the general public have a dedicated interest in the following described land: Flotilla Terrace A parcel of land described as Coral Avenue a 60. 00feet wide right-of-way lying north of Marina Drive according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Containing 1.01 acres, more or less. 30-foot alley A parcel of land, being a 30 foot wide alley lying south of Block 8, according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Containing 0.25 acres, more or less. 1 30 foot allev_A parcel of land being a 30.00 feet wide alley lying North of block 9 according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Containing 0.25 acres, more or less. 3. The abandonment of the 60 foot platted right-of-way and two 30 foot alleys will allow the developer to use their property more efficiently as a single contiguous property. 4. A Notice of Intent to Abandon was advertised on July 1 and July 8, 2005. County staff received a letter of objection from Diane Andrews, VP and Sec'y of North Beach Association of Saint Lucie County, Inc. Also, Nancy Spalding, Secretary of Coral Cove Beach Owners Association, Inc. who approved the project but wanted the vacating of Flotilla Terrace a condition of the site plan approval. Mr. Robert Emery also wanted to go on record that he believes the developer should donate property, equal to the abandonment, for the community. 5. All relevant public utilities have consented to the abandonment. Utility easements will be granted if needed for the construction of the project. 6. All abutting property owners have been notified and there were no objections. 7. On April 11, 2006, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on May 2, 2006 8. On May 17, 2006, a Notice of Public Hearing was advertised in the Fort Pierce Tribune. 9. County staff reviewed the petition and has no objection to the abandonment. It is in the best interest of the public to vacate and abandon the right-of-way more particularly described as follows: Flotilla Terrace A parcel of land described as Coral Avenue a 60.00 feet wide right-of-way lying north of Marina Drive according to the Plat of Coral Cove Beach 2 recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Containing 1.01 acres, more or less. 30-foot alley A parcel of land, being a 30 foot wide alley lying south of Block 8, according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Containing 0.25 acres, more or less. 30 foot alley A parcel of land being a 30.00 feet wide alley lying North of block 9 according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Containing 0.25 acres, more or less. NOW, THEREFORE, BE IT RESOL ICED by the Board of County Commissioners of St. Lucie County, Florida: That a portion of Flotilla Terrace and two 30-foot alleys more particularly described as follows: Flotilla Terrace A parcel of land described as Coral Avenue a 60.00 feet wide right-of-way lying north of Marina Drive according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Containing 1.01 acres, more or less. 30 foot alley A parcel of land, being a 30 foot wide alley lying south of Block 8, according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Containing 0.25 acres, more or less. 30-foot alley A parcel of land being a 30.00 feet wide alley lying North of block 9 according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. 3 Containing 0.25 acres, more or less. is hereby closed, vacated and abandoned and the right, title and interest of St. Lucie County and the general public in and to said lands hereby disclaimed and renounced to be effective as provided herein. Chairman Doug Coward Commissioner Frannie Hutchinson Commissioner Paula Lewis Commissioner Chris Craft Commissioner Joseph Smith PASSED AND DULY ADOPTED this 2nd day of May, 2006. ATTEST: DEPUTY CLERK 4 BOARD OF COUNTY COMMISSIONERS OF ST. L UCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORMAND CORRECTNESS: COUNTY ATTORNEY ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PETITION FOR ABAND ONMENT TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA. . The undersigned PETITIONER hereby petitions the St. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights -of -way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and 336.10, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq. TYPE OF ABANDONMENT REQUESTED (check one or more as applicable) indicates requirement for public hearing) A Plat (*) ✓ A Portion of a Plat (*) County Road Right-of-way (*) Drainage Easement not Affecting Road Drainage Public Utility Easement Drainage Easement Affecting Road Drainage (*) Other Public Interest in a Private Right-of-way or Easement Petitioner hereby certifies that the filing fee of S250.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is non-refundable and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. This Petition shall contain an affidavit of the Petitioner attesting to the validity of the representations herein and it's completeness to the best of Petitioner's knowledge and belief. The Legal Description of the petition site is attached as (EXHIBIT "A"). (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) 2. Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: Plat of Coral Cove Beach, Section One (Plat # and identification, Deed, or other title evidence) recorded in: Plat Book 11, Page 30A and 30B (Plat Book and Page, Deed Book and Page, or Official Record Book and Page) Public Records of St. Lucie County, Florida. Attached hereto as (EXHIBIT "B") is a sketch, accurately drawn, depicting the petition site as described in (EXHIBIT "A"), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefiting from the abandonment. A copy of a portion of the appropriate tax map (8 '/2 x 11), obtainable from the Property Appraisers Office, may be used for this purpose. 4. Attached hereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a mirumum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 '/z x 11), obtainable from the Property Appraisers Office, may be used for this purpose. Attached hereto as (EXHIBIT "D ") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses, property tax Identification number and legal descriptions of the adjacent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of- way and such signed statements are attached hereto as (EXHIBIT "E-1 ", "E-2" etc.) 7. Attached hereto as (EXHIBIT "F"), consecutively numbered "F-1" "F-2" etc., the signed consent of any affected utility providing service to or within the petition site and/or drainage district having jurisdiction over the petition site. The Petitioner hereby certifies that in the event this petition is granted, the abandoiunent of the public right- of-way will not prevent other property owners from access to and fa-om their property, and no other- property owner in the vicinity will be adversely affected. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction of the St. Lucie County Board of County Commissioners. 10. The Petitioner hereby certifies that the petition site is not a public accessway to any publicly accessible waters in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County comparable land or lands necessary for public access to the same body of water. 11. The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the petition site as evidenced by an instrument recorded in Official Record Book 2 2 5 PPage 2 3 7 $ St. Lucie County, Florida, a copy ofwhich is attached as (EXHIBIT "G"). and Book 2258, Page 2383 12. The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adjacent to the petition site, are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement of the County Tax Collector is attached hereto as (EXHIBIT "H"). 13. The Petitioner hereby certifies: (CIRCLE "a" OR "b" BELOW) a) that the petition site to be abandoned is NOT within the limits of any municipality, OR b) that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as (EXHIBIT "I"). . 14. The Petitioner hereby submits a statement (EXHIBIT "J") in support of this petition which stateE Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land. 15. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: Fort Pierce Tribune (Name of newspaper in which Notice of Intent was published) July 1, 2005 July 8, 2005 (First date published) (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS PETITION AS (EXHIBIT "K"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT TO LA A,11, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" x 17") UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. THIS PETITION MUST BE EXECUTE GRAN DATE: Q COUNTY OF Li STATE OF F I p r;C .Q. c,F0 A N EAMN NOV PAtioger's signature .' PUBLIC CHINSON ISLAND, L.L.C. Type or print Petitioner's name L4 Petitioner's Address rG aJ AL. 333 z I. Petitioner's Phone Numb r ng Member Before me this day personally appeared matr'+►v, Ze 1 t er who, being duly sworn, deposes and says: the Managing Member of Grande Beach North Hutchinson Island, That is(''ra) the pP+,+,,,Arr��•; a L.L.C., the Petitioner. That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's knowledge, information and belief. Subscribed and sworn to (or affirmed) before me this 3D day of �a r.e, , 20oSby a r Y) _ who personally appeared before me and _✓who is personally known to me. — whose identity I proved on the basis of whose identity I proved on the oath/affirmation of a credible witness Notary Public v rO�?,PY PUB,'C1 CAROL "MEAN * * MY COMMISSION r DD 278215 EXPIRES: Apri 30, M Banded ThnJ &*et Notary $VVk$e Junes ,"2005 St. Lucie County 200 Virginia Avenue Fort Pierce, Florida 34982 Re: Grande Beach North Hutchinson Island, L.L.C. Tracts A, F-1 and E-1 and Blocks 8 and 9 of Coral Cove Beach, Section One Ladies and Gentlemen: Please be advised that Grande Beach North Hutchinson Island, L.L.C., as the fee - title owner of the above -referenced real property, hereby designates Klein & Dobbins, P..L., as its agent for the purpose of filing (a) a Petition for Abandonment of a road and a1Jeys adjoining the above -referenced properties, and (b) any other permit or approval re-ating to the property. GRANDE BEACH NORTH HUTCHINSON ISLAND, I .L.C., a Florida limited liability V. Zeller, Managing Member STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this 22day of June, 2005, by Martin V. Zeller as Managing Member of Grande Beach North Hutchinson Island, L.L.C., a Florida limited liability company. Said person (check one) ✓is personally known to me, _ produced a driver's license (issued by a state of the United States within thy, last five (5) years) as identification, or _ produced other identification, to wit: O�'"Y. C;WL HALPERN 3 * 1v1Y 4i?61WS' 10 b DO 278215 " r 010FS: Aoril 30, 2008 �iJn1� IWiU � w 5u4a1 Nobly S1rvICM Print Name: Notary Public, State of Florida Commission No.: T)D 2 z My Commission Expires: %? pr , 1 3 o , �8 (00002958.1) EXHIBIT "A" Type the legal description of the petition site here DESCRIPTION A parcel of land described as Coral Avenue a 60.00 feet wide right—of—way lying north of Marina Drive according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Being more particularily described as follows: Commence at the Northwest corner of Tract "F-1",thence S89'49'02"E along the North line of said Tract F-1 a distance of 16.62 feet to the POINT OF BEGINNING Thence continuing S89'49'02"E a distance of 81.27 feet, to the Northwest corner of the 30' Alley way as shown on the Plat of Coral Cove Beach, thence S15'32'02"E, along the Westerly line of said alley way and Blocks 8 and 9 and Tracts E-1, of the said plat also being the Easterly Right of Way line of Coral Avenue, a distance of 730.78 feet, to the Southwest corner of a 30' Alley way, said point also being on the Northerly right of way line of Marina Drive, thence N87'08'47"W, along said Northerly Right of Way line, a distance of 97.86 feet to the intersection with a non tangent curve concave to the northwest, having a radius of 25.00 feet, the chord of which bears N38'39'36"E; thence northeasterly along the arc of said curve, a distance of 47.29 feet through a central angle of 108'23'15"; thence N15'32'02"W along the East line off Tract F-1 also Westerly right of way line of Coral Avenue, a distance of 674.13 feet to the beginning of a curve concave to the southwest having a radius of 25.00 feet; thence northwesterly along the arc of said curve a distance of 32.41 feet through a central angle of 74'17'00" to the POINT OF BEGINNING. Containing 1.01 acres, more or less. I I %, &-I" Sheet 1 of 2 11 DESCRIPTON R/W Abandonment Prannrn`i F'nr File: 04-127S&D.dwg Date: 6-22-05 CMICLILPEPPER& 11 TERPENING.IHc. CONSULTING ENGINEERS LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34982 SKETCH TO ACCOMPANY S89.49'02"E LEGAL DESCRIPTION North line of 16.62' Tract F-1 P.0.6 THIS IS NOT A SURVEY P. O. C. 88 27' 02"E Northwest Corner Alley Tract 'F-1" / (Zo b30 Abandoned) L=32.41 R 25 00 °" 1 ck 9 C=N52'40'32'W g1 o �O o, Hp i z 'l My > % r 1 v 1 1 N 0 50 100 u l:--i j I N, SCALE IN FEET Z N, � 1 m N, J -�rac Coral Po9e 30 1 Plot B oQK°AA TRACT F=1 1 Coral Cove Beach Plot .Book 11 Page 30 1 0' l60 1 terly R�9ht °t We\Nasterly line Et°n Tract E—t Carol Avenue 8 9 at Blocks Westerly Right of Way line 1 of Coral Avenue and Easterly line Tract F-1 1 L=47.29 ` g1 o ck 8 6=108'23'15" R- 25.00 I C-N38'39'36"E A = DELTA R = RADIUS �AUey d ) 30 +�. L = ARC LENGTH CIR = CIRCLE I AbQndone (10 be Drive 4 PG = PAGE MariIIa' PB = PLAT BOOK N87'08 47 W 97.86 POB = POINT OF BEGINNING Marra BEARING BASIS POC = POINT OF COMMENCEMENT Drive PLS = PROFESSIONAL LAND SURVEYOR Northerly Right of BEARINGS SHOWN HEREON ARE ASSUMED AND Way line Marina Drive RELATED TO THE NORTHERLY RIGHT—OF—WAY LINE OF MARINA DRIVE WITH A BEARING BASE OF N87'08'47"W Sheet 2 Of 2 REVISED BEARING BASE by RD Dated: 3-2-06 SKETCH OF DESCRIPTION File: 04-127S&D.dwg CONSULTING ENGINEERS OF Date: 6-22-05 & R/iN Abandonment CULPEPPER & LAND SURVEYORS 2980 SOUTH 25th STREET Preoared For TERPENING,ING. FORT PIERCE, FLORIDA 34982 DESCRIPTION A parcel of land, being a 30 foot wide alley lying south of Block 8, according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Being more particularity described as follows: Beginning at a Southwest Corner of Block 8; thence N74'27'58"E along the South line of said Block 8, the some being the North line of said 30 foot wide Alley, a'distance of 359.99 feet to the Southeast corner of Block 8 and the West Right—of—way line of State Road A-1—A (100 foot wide Right—of—way); thence S15'32'02"E a distance of 0.72 feet to the beginning of a curve concave to the west having a radius of 1,096.28 feet; thence Southerly along the arc of said curve a. distance of 29.29 feet through a central angle of 01'31'50" to the Northerly Right—of—way line of Marina Drive (60 foot wide Right—of—way); thence S74'27'58"W along the South line of 30' Alley Way and the Northerly Right—of—way line of Marina Drive (60 foot wide Right—of—way) a distance of 359.60 feet to the Southwest Corner of said 30 foot wide Alley and the Easterly Right—of—way line of Coral Avenue (60 foot wide Right—of—way); thence N15'32'02"W, along said Right—of—way line, a distance of 30.00 feet returning to the POINT OF BEGINNING. Containing 0.25 acres, more or less. S� -— 20fp Sheet 1 of 2 MESCRIPYION South Alley Prepared For File: 04-127S&D.dwg Date: 6-22-05 CULPEPPER� TERPENINGINC. CONSULTING ENGINEERS LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE. FLORIDA 34982 f7 q% IR/_19t7 & = DELTA R = RADIUS L = ARC LENGTH CIR = CIRCLE PG = PAGE PB = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE ASSUMED AND RELATED TO THE NORTHERLY RIGHT-OF-WAY LINE OF MARINA DRIVE WITH A BEARING BASE OF S74.27'58"w SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY ht 0, Waue .Nee oflyP�o�t'�c Leh vpe S15'32'02"E 0.72' L=29.28 G= 1'31'50" R-1096.28 C=N14'46'07'E 0 50 100 i,=� �=� i SCALE IN FEET .c 4 ;�-4 REVISED BEARING BASE by. RD Dated: 3-2-06 Sheet 2 Of 2 SKETCH OF DESCRIPTION File:04-127S&D.dwg CONSULTING ENGINEERS Date: 6-22-05 & OF CULPEPPER & LAND SURVEYORS South Alley C, 2980 SOUTH 25th STREET Preoored For TERPENING.INC. FORT PIERCE. FLORIDA 34982 DESCRIPTION A parcel of land being a 30.00 feet wide alley lying North of block 9 according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30. Said Plat lying in Sections 25 & 26, Township 34 South, Range 40 East, Saint Lucie County Florida. Being more particularily described as follows: Begin at the Northeast corner of Block 9 of said plat; thence S74'27'58"W along the North line of said Block 9 also the south line of 30' Alley way, a distance of 367.69 feet to the Northwest corner of said Block 9 and the Easterly right—of—way line of Coral Avenue (a 60.00 foot wide right—of—way); thence N15'32'02"W along said East right of way a distance of 30.00 feet to the North West corner of a 30.0' Alley. thence N74'27'58"E, along the North line of 30' Alley way, a distance of 369.79 feet to the NorthEast corner of said 30.00 feet alley and the West right—of—way line of A-1—A (a 100 foot right—of—way); thence S11'32'02"E along the west right of way line of SR AlA a distance of 30.07 feet returning to the Point of Beginning. Containing .25 acres, more or less. ,-ev YQ Sheet 1 of 2 DESCRIPTION North Alley File: 04-127S&D.dwg Date: 6-22-05 CTCULPEPPER TG'RC��NIN(��ur CONSULTING ENGINEERS LAND SURVEYORS 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34982 SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY N15'32'02"W 30.00' & = DELTA R = RADIUS L = ARC LENGTH CIR = CIRCLE PG = PAGE PB = PLAT BOOK POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PLS = PROFESSIONAL LAND SURVEYOR BEARINGS SHOWN HEREON ARE ASSUMED AND RELATED TO THE NORTH LINE OF BLOCK 9 WITH A BEARING BASE OF S74'27'58"W St 1'32'02"E 30.07' 0 50 100 �—I 1:=� I SCALE IN FEET BLOCK 9 II REMISED BEARING BASE by. RD Oated: 3-2-06 Sheet 2 Of 2 11 SKETCH OF DESCRIPTION OF North Alley D.e., 1.14 c'^1 FIIe:U4-12/S&U.dwg CONSULTING ENGINEERS Date: 6-22-05 & CULPEPPER LAND SURVEYORS CTIT-ERP�ENINGFORT PIERCE, f-LORIOAT34982 EXHIBIT "B " Draw an accurate sketch of the petition site and abutting properties, if applicable, or attach a Boundary Survey (preferred) Legend A � Subject property 1425-701-0192-000/2 1425-701-0176-900/3 1425-701-0155-000/1 j 1425-701-0153-000/7 Parcels within 300' 0 125 250 500 I I � I Feet t✓1R S �KEv�EW L p CELOT WA t O r 7 MAMNA UJ g J l O SS J = LL Q Q \\ {� Z B SHORE WINDS DR 0 — c? G wr.F atsngge,.r�,.r P7epahre,.t EXHIBIT I C " Sketch or attach a location map here TWP. 34S.-R► 40E. g 1 MILES 1 1/ 1 SEE PAGE 21 SOUTHEAST OUAoRANT 0 e80 1320 laeo 2e4o IFEET I 5280 NORTHEAST QUADRANT ST. LUCIE COUNTY, FLORIDA OF TWP. 34S.•RNG. 40E., uj GARFIEIDk I U AIA rPOINT ` ■ s • .uoi \ 9 I MARY E. z \ RIVER _ RICE20.98 �yi C1 ri \ INVESTMENTS J \ n� FISH ,CO. \ 't HOUSE ` ! AX w .. y COVE / 112 3 ) SM"ER's H04R /OIVKED CNAnA[k39 \7 r- ln� 133.63 Ac. I - vrs �s..ras ` 22 L / I RAY WIRQ Ali BONITA I L R / 1 23 /OLD �/ �, II JACK > INLET ISLAND CRAN RAPIDS, � �� / (� .I / OUNOATION _ 16.29 JACK ISLAND ACCESS RO CHARLES L MCIIARU d VIVIAN ca 110 CUT T. `/ f / : STEVENS -1 / B MARIE _ / WALLS `o COASTAL 4�•' . Y' I DEMOU TION. 1 fI T.I.I.F. INC.130/1 36.5Ac. 27 ul GENE Yn ; 1I/4 350.57 AC. I ffJ cWi I o � ccl f, . cc III V /AqN 1 / _ `O a }}..15 / 1 S AC. � A B O / LL / �GPOSNORE 1 \ 1426-3AIA0-01/8 �� 48.8Ac.T430-7 4 / L 26.1A -----------------------i--' --...................... rd N Ccwv. N VV �J Z J Q ST Po`1 D 1►0 STATE OF FLORIDACOOK 1 T T.I.LF. \' Ci POINT r:. 85 63 AC yy OPS /!'�`a1f,. 171 3-1 40- r°' 0) 9 / p,� //� / �_��. ao0T \ cl Z ti F ' '� � 240 0 e Go AIA t c,-— TWP. 35S.-RNG 40E. C1 .915. ILO.Q. ours TOE POINT � J/ � i �� 48 AC. COON PIER ORT CE IN= ISLAND F SEAWAY OP I l SEE PAGE 35 TWP. 35S.•RNG. 40E. 23 EXHIBIT 11E AFFIDAVIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF ST. LUCIE STATE OF FLORIDA Before me this day personally appeared Da h%G L S/° / no9-4 who, being duly sworn, deposes and says: That he/she is the President of Riverwalk at Sands Condominium Association, Inc. (the "Association") That the real property (the "Property") located north of and immediately adjacent to the thirty (30) foot wide alley (the "Alley") described in Exhibit "A", attached hereto and made a part hereof, is a common element of Riverwalk at Sands, a Condominium. That the Association has been furnished a drawing which clearly indicates the Alley to be abandoned and its relationship to the Property. That the Association hereby consents to the abandonment of the Alley, which is located adjacent to the south boundary of the Property. The undersigned, being duly sworn by me, declares that the above/foregoing statement is true and correct to the best of his/her/their knowledge and belief. Riverwalk a nds Condominium Associatio , I c. By: Print Name: -Da r-i•&L Sp/hou As President Subscribed and sworn to (or affirmed) before me this 13+day of , 2006, by jARR -:1- g. 5P1A)D.51 who personally appeared before me and X who is personally known to me. whose identity I proved on the basis of whose identity I proved on the oath/affirmation of . a credible witness. e Wa m0n.'g.J.,WrA Notary ' . (00003442.2) KATHY A. SCHULTZ Notary Public, State of Ohio My Commission Expires 96-20-OP EXHIBIT "F" {00002972.1 } FPL December 7, 2005 Klein & Dobbins, P.L 805 Virginia Avenue Fort Pierce, Florida 34982 Mr. Dobbins: Florida Power & Light Company, 3301 Orange Ave, Ft Pierce, FL34947 Phone:772-489-6255, Fax: 772-489-6225 rE Il DEC 1 9 2005 This letter is to inform you that the easements provided for Grande Beach North Hutchinson Island, LLC/Hutchinson Island Development will protect the existing Florida Power and Light overhead and underground facilities. At this time Florida Power and Light Company has no objection to the abandonment of a) Coral Avenue north of Marina Drive, b) the 30 foot Alleyway north of Block 9; abd c) the 30 foot Alleyway south of Block 8, all as described in the Plat of Coral Cove Beach recorded in Plat Book 11, Page 30 of the Public Records of St. Lucie County, Florida. Sincerely, Vicky Holly Customer Project Manager 772-489-6255 an FPL Group company Ccomcast® 940 12`h Street Vero Beach, Fl 32960 October 4, 2005 W. Lee Dobbins Klein & Dobbins, P.L. 805 Virginia Avenue Suite 25 Fort Pierce, FI 34982 Re: Grande Beach North Hutchinson Island, LLC/North Hutchinson Island Development Dear Mr.Dobbins: Based on our conversation and the granting of the requested Utility Easement, Comcast has no objection to the abandonment of a) Coral Avenue north of Marina Drive, b) The 30 foot alley north of Block 9 and c) the 30 foot alley south of Block 8, in the Coral Cove Beach Plat. If you require further information, I may be contacted at 772-567-3473, extension 151. Sincerely Craig Bowers Construction Coordinator Construction Department cc: Scott Swanson, Commercial Development Manager Anthony Springsteel, Construction Supervisor OCT 0 7 2005. BellSouth Telecommunications, Inc. Barbara Ball - Director Planning and Provisioning 2021 So. MilitaryTrail Room 107 West Palm Beach, FL 33415 Date: 10/17/2005 Klein and Dobbins, P.L. Attn: W. Lee Dobbins, Attorney at Law 805 Virginia Ave. Suite 25 Fort Pierce, FL 34982 OO BELLSOUTH Office: 561439-9100 Fax: 561-964-3499 DEC 2 0 2005 r RE: PETITION TO ABANDON/VACATE EASEMENT Grande Beach North Hutchinson Island — Tract A, Tract F-1, Tract E-1, and Blocks 8 and 9 of Coral Cove Beach in St Lucie County. Dear Mr. Dobbins: Per your request dated August 3rd, 2005, BellSouth has no objection to the abandonment of the platted county right-of-ways described herein: The parcel of Coral Avenue, a 60 foot wide right-of-way lying north of Marina Drive recorded in Plat Book 11 Page 30' and lying in Sections 25 and 26, Township 34 south, Range 40 East, St Lucie County Florida. The parcel of land being a 30.00 foot wide alley lying North of block 9, according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30 and lying in Sections 25 and 26, Township 34 south, Range 40 East, St Lucie County Florida. The parcel of land being a 30.00 foot wide alley lying South of block 8, according to the Plat of Coral Cove Beach recorded in Plat Book 11 Page 30 and lying in Sections 25 and 26, Township 34 south, Range 40 East, St Lucie County Florida. In addition, we request that you forward a certified copy of the recorded easement for our records. If you require further assistance, please contact Brian Ellis at (772) 460-4454. Respectfully yours, fmR Marrk A batic"& LIU—J-vo For Barbara Ball Director cc: Barbara Ball Revision 12/16/2005 bce EXHIBIT " G" Proof of ownership of petition site or adjacent benefiting property EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE # 2636563 OR BOO- -258 PAGE 2378, Recorded 06/01/2005 : 1.2:12 PM Doc Tax: $41650.00 Prepared by and After Recording Return To: David Kahan, Esq. David Kahan, P.A. 3125 W. Commercial Blvd., Suite 100 Fort Lauderdale, FL 33309 Special Warranty Deed This Indenture, made this 2� day of May, 2005, between NH DEVELOPMENT ASSOCIATES, LLC, a Florida limited liability company, whose address is 3125 W. Commercial Blvd., Suite 100, Ft. Lauderdale, Florida 33309 ("Grantor') and GRANDE BEACH NORTH HUTCHINSON ISLAND, LLC, a Florida limited liability company, whose address is 601 Mockingbird Lane, Plantation, Florida 33324 ("Grantee"), "Grantor" and "Grantee" are used for singular or plural, as context requires. W itnesseth, That said Grantor, for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in St. Lucie County, Florida (the "Land', to wit: See Exhibit "A" attached hereto and made a part he SUBJECT TO: 1. Taxes and assessments for the year 2005 and 2. Covenants, easements, restrictions anei appearing on the plat and /or co o t 3. Zoning prohibitions and restricti impose Together, with all tenements, anywise appertaining. matters of ford and other matters abdivision; and )y governmental authority. thereto belonging or in To Have and To Hold, the s e forevdW And Grantor hereby covenan with Grantee t t it is lawfully seized of the Land in fee simple; that Grantor has good right an awful authori t sell and convey the Land; that it hereby fully warrants the title to the Land as iously des ' ed and will defend the same against the lawful claims of all persons cla' by, der Grantor, but not otherwise. natures con; ed on following page] F;0KAHANID0CSSDEEDSSPECIALWH DEVELOPMEN7. G0.4NDE aEACHAI.DOC OR BOOK 2258 PAGE 2379 In Witness Whereof, Grantor has hereunto set Grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: V � Signature Printed Name re Printed Name STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) NH DEVELOPMENT ASSOCIATES, LLC, a Florida limited liability company By: EQUITY NH P S, INC., a Florida corporation, it ging Member By: BarneyPlin2ansky, President The foregoing instrument was acknowledged before is Z4' —day of May, 2005 by Barney Danzansky, the President of Equity NH Partners, Inc., a�ba�oanaging Member of NH =lykown , LLC, a Florida limited liability aid company. He is or produced as I eon. IC. ' ll.S ttr; l,:I. ,T or stamped name of Notary Public My Commission Expires: 2:0KARWD0CSIDEEDSISPECIALWH DEVELOPMEN7. ORANDE BEACH.OLDOC OR BOOK 2258 PAGE 2380 EXHIBIT "A" Tract E-1 and Blocks 8 and 9, all of CORM, COVE BEACH, SECTION ONE, according to the Plat thereof recorded in Plat Book 11, Pages 30A and 30B of the Public Records of St. Lucie County, Florida. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT — SAINT LUCIE COUNTY FILE 4 2636565 OR BOO'" ?258 PAGE 2383, Recorded 06/01/2005 - 12:12 PM Doc Tax: $8750.00 Prepared by and After Recording Return To: David Kahan, Esq. David Kahan, P.A. 3125 W. Commercial Blvd., Suite too Fort Lauderdale, FL 33309 Special Warranty Deed This Indenture, made this 26, day of May, 2005, between NH DEVELOPMENT ASSOCIATES, LLC, a Florida limited liability company, whose address is 3125 W. Commercial Blvd., Suite 100, Ft. Lauderdale, Florida 33309 ("Grantor") and GRANDE BEACH NORTH HUTCHINSON ISLAND, LLC, a Florida limited liability company, whose address is 601 Mockingbird Lane, Plantation, Florida 33324 ("Grantee'). "Grantor" and "Grantee" are used for singular or plural, as context requires. Witnesseth, That said Grantor, for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, the following described land, situate, lying and being in St. Lucie County, Florida (the "Land"), to wit: See Exhibit "A" attached hereto and made a part SUBJECT TO: Taxes and assessments for the year 2005 and subsequent yea Covenants, easements, restrictions and o matters of re d and other matters appearing on the plat and /or common��_edivision; and Zoning prohibitions and restrictions ' ovemmental authority. Together, with all tenements, hereditatriaftfs� // anywise appertaining, urten es thereto belonging or in To Have and To Hold, the same er. And Grantor hereby covenants is lawfully seized of the Land in fee simple; that Grantor has good right and 111 and convey the Land; that it hereby fully warrants the title to the Land as pand will defend the same against the lawful claims of all persons claimir rantor, but not otherwise. E following page) P!DKAHAMIDOMDUDWPECIALWH DEVELOPMENT • CRANDe BEACH.OI.DOC OR BOOK 2258 PAGE 2384 In Witness Whereof, above written. Grantor has hereunto set Grantor's hand and seal the da Y and year first Signed, sealed and delivered in our presence: U� Signature D ua V79 Printed Name Signature Panted Name STATE OF FLORIDA COUNTY OF BROWARD SS: NHDEVELOpMENTASSOCIATES limited liability company LLC, aFlorida By: EQUITY NH P RS, INC., corporation, a Florida aging Member By: Barney nzansky, president The foregoing instrument was acknowledged before me Barney Danzansky, the President of Equity NH parts r sZ 6.day of May, D tes, LIC, aFlorida ' Y, 2005 by Personally known limited ]iabili pant on nag Member of NH Y wn to me r produced said company. as ident' p Y He is ation_ YJ,'. . .L(,,.IUA fY•�Ca.f.,� r Typed, blic MY Commission Expires: or stamped name of Notary Z\DXAHA"j)o�EC' 1SPECIALWH pEVELOPMLNT. GkAMOE RVACI{OI.DOC OR BOOK 2258 PAGE 2385 EXHIBIT "A" Tract A and Tract F-1, all of CORAL COVE BEACH, SECTION ONE, according to the Plat thereof recorded in Plat Book 11, Pages 30A and 30B of the Public Records of St. Lucie County, Florida. EXHIBIT II H" Certification of taxes paid on petition site or adjacent benefiting property Tax Collector St. Lucie County Florida Page 1 of 1 Bob Davis, CPA, CGFO, CFC DUPLICATE 2004 REAL ESTATE !T. LUCIL COUNTY TAX COLLECTOR NOTICE o1 AO VALONYN TAX!! ANO NON WLORfN A!!YYlIYNTA 1425-7,01-0192-000/2 411,900 11 0; 411,900 0002 � 1 4 w .. .f e... . N H Development Associates Llc 25 34S40E 3201 W Commercial Blvd #116 CORAL COVE BEACH -SECTION ONE - Fort Lauderdale,FL 33309 BLK 9 ALL BLK AND N 1/2 OF TRACT E-1 (OR 1957-2805) (2.78 AC) AQ`VfALOREm, TAXES :1 County Parks MSTU .2500 102.97 Co Public Transit MSTU .0900 37.07 Erosion District E .1000 41.19 Environ Signif Land Bond .1250 51.49 Law Enf,Jail,Judicial Sys 3.3178 1,366.60 Cc General Revenue Fund 4.1248 1,699.01 St Lucie County Port Bond .0240 9.89 St Lucie Co Storm Wtr Mgt .4108 169.21 St Lucie Co Comm Dev MSTU .5256 216.49 Law Enforcement MSTU .3557 146.51 Childrens Service Council .3915 161.26 St Lucie Co Fire District 2.7806 1,145.33 FL Inland Navigation Dist .0385 15.86 Mosquito Control .2757 113.56 School Non -voted Cap Imp 2.0000 823.80 School Voted Capital Imp .1820 74.97 School Req Loc Ef/Discret 6.1310 2,525.36 S FL Water Mgmt District .6970 287.09 ALL TAXES BECOME DELINQUENT APRIL 1ST. PAY ONLY COMBINED TAXES AND ASSESSMENT5'. $,8, 98T. 66 oNr ^n+oQrNT PAT IN U ! TU TO BOY DAVI!, 8, 628 15 TAX CO LLE e 8, 718 03 8�807, 91 tj `` 8, 8:97 78 8, 987 66 9, 257 29':. NOV 30 DEC 31 JAN 31 FEB 28; MAR:'3 JL. APR 30 *** PAID *** PAID *** PAID *** 11/30/04 PERIOD 1 99-20041130-108180 $8,628.15 CK The information contained herein does not constitute a title search and should not be used as such. .SthL Incie County Tax Collecsubject to verification 1 i.. //�1/•97I ,nA/11 n-11 11-11 n T T♦<Tn T '1- 1A-I -n+ /+nn nnn- Tax Collector St. Lucie County Florida Page 1 of 1 Bob Davis, CPA, CGFO, CFC DUPLICATE 2004 REAL ESTATE ST. LUCIE CW TY I- COLLECTOR NDTICS OT AD VAIARSN TA%E.Y AND NON -AD VOLOREM -193 D4NTf 1425-70:1-01T67900 3 533, 300 I, 0 I 533, 300 I 0002 N H Development Associates Llc 25 34S40E 3201 W Commercial Blvd #116 CORAL COVE BEACH -SECTION ONE - Fort Lauderdale,FL 33309 BLK 8 ALL LOTS AND S 1/2 OF TRACT E-1 (OR 1957-2805) (2.77 AC) VlAOFtENlrTAX ES County Parks MSTU .2500 133.32 Co Public Transit MSTU .0900 48.00 Erosion District E .1000 53.33 Environ Signif Land Bond .1250 66.66 Law Enf,Jail,Judicial Sys 3.3178 1,769.38 Cc General Revenue Fund 4.1248 2,199.76 St Lucie County Port Bond .0240 12.80 St Lucie Co Storm Wtr Mgt .4108 219.08 St Lucie Co Comm Dev MSTU .5256 280.30 Law Enforcement MSTU .3557 189.69 Childrens Service Council .3915 208.79 St Lucie Cc Fire District 2.7806 1,482.89 FL Inland Navigation Dist .0385 20.53 Mosquito Control .2757 147.03 School Non -voted Cap Imp 2.0000 1,066.60 School Voted Capital Imp .1820 97.06 School Req Loc Ef/Discret 6.1310 3,269.66 S FL Water Mgmt District .6970 371.71 AD VALOR EM_TAXES: $11, 6 3 6 ._ 5 9 / .' NON'`AD'-VALOREM ASSES'SM'ENTS - - � ALL TAXES BECOME ❑ELINQUENT APRIL 1ST. NON -AD VALOREM ASSESSMENTS'' COMBINED TAXES AND ASSESSMENTS ' $11, 636`.-59- PAY ONLY Pwr IM r To 11 17 .Aa ��.. 11,287 99 11'.,,403 86, i 5 11„520 22, 11 636.59 11, 985 69. , NOV 30 DEC 31 JAN.31 FEB 28 MAR 31 APR 30 *** PAID *** PAID *** PAID *** 11/30/04 PERIOD 1• 99-20041130-108179 $11,171.13 CK The information contained herein does not constitute a title search and should not be used as such. .St This County Tax Collecsubject to verification IS Tax Collector St. Lucie County Florida Page 1 of 1 Bob Davis, CPA, CGFO, CFc DUPLICATE 2004 REAL ESTATE ST. LUCIE COUNTY TM COLLECTOR NOTICE Or A V"O"M TA J -0 NON -AO VOLo11iM !di[f9Mi NT$ bzewart, Larry h Stewart, Diane L 3211 N AlA Fort Pierce,FL 34949 County Parks MSTU Co Public Transit MSTU Erosion District E Environ Signif Land Bond Law Enf,Jail,Judicial Sys Co General Revenue Fund St Lucie County Port Bond St Lucie Co Storm Wtr Mgt St Lucie Co Comm Dev MSTU Law Enforcement MSTU Childrens Service Council St Lucie Co Fire District FL Inland Navigation Dist Mosquito Control School Non -voted Cap Imp School Voted Capital Imp School Req Loc Ef/Discret S FL Water Mgmt District .2500 .0900 .1000 .1250 3.3178 4.1248 .0240 .4108 .5256 .3557 .3915 2.7806 .0385 .2757 2.0000 .1820 6.1310 .6970 25 34S40E CORAL COVE BEACH -SECTION ONE - TRACT F-1 (MARINA PARCEL) (OR 1317-1654) ALL TAXES BECOME DELINQUENT APRIL 1ST. NON -AD VALOREM ASSESSMENTS COMBINED TAXES AND ASSESSMENTS. $ 1' 557 .I95 PAY ONLY' UNE AMOUNT 17.85 6.43 7.14 8.93 236.89 294.51 1.71 29.33 37.53 25.40 27.95 198.53 2.75 19. 68 142.80 12.99 437.76 49.77 1 495�:63 / 1 511 21 / ly/526 79 , 1 542 37 / 1 557 95 1 604°, 69 �� I�n'� . Al ij/ t / I DEC 31 JAN'31 FEB 3NOV`30 F APR 30l. *** PAID *** PAID *** PAID *** 11/30/04 PERIOD 1 10-20041130-001837 $1,495.63 CK The information contained herein does not constitute a title search and should not be used as such. This Internet service is subject to verification by the St Lucie County Tax Collector. R r Tax Collector St. Lucie County Florida Page 1 of 1 Bob Davis, CPA, ccFO, cFc DUPLICATE 2004 REAL ESTATE ST. LUCI! COUNTY TAX COLLECTOR -__ NOTICI 01 AO VSUt"N TAXL! -0 NON -AO V LONlN A!!!!lNSNT! Stewart, Larry R Stewart, Diane L 3211 N AlA Fort Pierce,FL 34949 25 34S40E CORAL COVE BEACH -SECTION ONE - TRACT A (MARINA PARCEL) (OR 1317-1654) x AC] WALQREt+k,ta.AXE.S County Parks MSTU Co Public Transit MSTU Erosion District E Environ Signif Land Bond Law Enf,Jail,Judicial Sys Co General Revenue Fund St Lucie County Port Bond St Lucie Co Storm Wtr Mgt St Lucie Co Comm Dev MSTU Law Enforcement MSTU Childrens Service Council St Lucie Co Fire District FL Inland Navigation Dist Mosquito Control School Non -voted Cap Imp School Voted Capital Imp School Req Loc Ef/Discret S FL Water Mgmt District .2500 .0900 .1000 .1250 3.3178 4.1248 .0240 .4108 .5256 .3557 .3915 2.7806 .0385 .2757 2.0000 .1820 6.1310 .6970 41.77 15.04 16.71 20.89 554.40 689.25 4.01 68.64 87.83 59.44 65.42 464.64 6.43 46.07 334.20 30.41 1,024.49 116.47 ALL TAXES BECOME DELINQUENT APRIL 15T. NON -AD VALOREM ASSESSMENTS- COMBINED TAXES AND ASSESSMENTS $3'� 64 6 ;`11 pHE �i ~wEo uW-T 41, °3, 500.'2? 3,'S3':6 73 k 3,'S73 19 3, 60.9 65 3, 646. 11 3, 755. 49 :y rf NOV.30 DEC 31' JAN 31 FEB 28 MAR 31 APR 30 *** PAID *** PAID *** PAID *** 11/30/04 PERIOD 1 10-20041130-001838 $3,500.27 CK The information contained herein does not constitute a title search and should not be used as such. This Internet service is subject to verification by the St Lucie County Tax Collector. EXHIBIT "J" Petitioner requests abandonment of the identified portion of Flotilla Avenue (Coral Avenue) and the two (2) identified 30-foot alleyways, in order to more efficiently develop Petitioner's property as a single contiguous property. Developing the property as a single contiguous property will allow construction of a mixed use development, with vertical improvements located toward the center of the property, resulting in increased buffering from neighboring properties. (00002973.1) Consent Agenda Items -: 4 / E_Z'='/ 0 4 ST . LUC I E COUNTY - BOARD PAGE F7ABWARR WARRANT LIST #30- 22-APR-2006 TO 28-APR-2006 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 2,215,524.61 1,036.84 001150 FTA Section 5303 Grant FY 03 5,927.88 0.00 301159 FTA Section 5303 Grant FY 04 13,549.62 0.00 001166 Section 112/MPO/FHWA/Planning 05 15.16 0.00 301172 CDBG Grant FY 05 910.50 0.00 001179 CSBG FY 06 2,211.89 0.00 001299 FDCA Emergency Mgmt Prep & Assistan 1,969.00 0.00 001403 Smithsonian Marine Ecosystem Exhibi 299.24 0.00 101 Transportation Trust Fund 319.79 0.00 101002 Transportation Trust/80% Constitut 19,048.85 0.00 11-01003 Transportation Trust/Local Option 93,795.71 0.00 '-01004 Transportation Trust/County. Fuel Tx 8,320.43 0.00 101006 Transportation Trust/Impact Fees 92,502.45 0.00 101213 FDOT 25th St. Widening 389,713.32 0.00 102 Unincorporated Services Fund 10,758.28 0.00 02001 Drainage Maintenance MSTU 1,890.00 0.00 105 Library Special Grants Fund 97,761.35 0.00 107 Fine & Forfeiture Fund 3,018,905.84 0.00 1-07001 Fine & Forfeiture Fund -Wireless Sur 2,400.00 0.00 _07005 F&F Fund -Legal Aid 15,557.60 0.00 113 Harmony Heights 3 Fund 232.35 0.00 " Harmony Heights 4 Fund 506.46 0.00 Sunland Gardens Fund 566.59 0.00 117 Sunrise Park Fund 141.04 0.00 Holiday Pines Fund 883.03 0.00 -21 Blakely Subdivision Fund 81.17 0.00 =23 Queens Cove Lighting Dist#13 Fund 296.15 0.00 "_27 Pine Hollow Street Lighting MSTU 367.65 0.00 =28 Kings Hwy Industrial Park Lighting 493.52 0.00 130203 FDOT-Fixed Route Grant 26,733.75 0.00 =36 Monte Carlo Lighting MSTU#'-- Fund 1,448.14 0.00 138 Palm Lake Gardens MSTU Fund 119.98 0.00 _40 Port & Airport Fund 21,733.92 0.00 1-40128 Industrial Park West-EDA 2,462.46 0.00 =40322 Industrial Park West Development 3,610.88 0.00 140327 FDOT Access Roads Ph.2 A/P IPW 3,026.66 0.00 140334 Const. Apron & Environmental Mitiga 2,200.00 0.00 40336 Rehabilitation of Taxiway E 4,090.13 0.00 140339 Drainage Improvements #407701 1,962.38 0.00 140340 FDOT Hurricane Repair Grant 33,382.00 0.00 140341 Construction of Airport Rescue & Fi 12,312.41 0.00 140342 Construction of Access Road forARFF 7,057.87 0.00 181 SLC Housing Finance Authority Fund 830.00 0.00 183 Ct Administrator-19th Judicial Cir 3,415.05 0.00 183001 Ct Administrator-Arbitration/Mediat 104.25 0.00 183006 Guardian Ad Litem Fund 453.09 0.00 1R5005 FHFA SHIP FY04/05 20.00 0.00 008 FHFA Hurricane Housing Recovery 5,333.00 0.00 04/2�/Dd F'7 kBWARR FUND TITLE 310002 310201 316 317 397 398 401 418 451 461 471 478 479 491 505 505001 611 625 650 ST. LUCIE COUNTY - BOARD WARRANT LIST #30- 22-APR-2006 TO 28-APR-2006 FUND SUMMARY Impact Fees -Parks FDEP/FRDAP Ancient Oaks County Capital County Capital -St Revenue Share Bnd Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Agency Fund GRAVD TOTAL: EXPENSES 30,252.42 6,475.50 179,451.39 1,500.00 20,860.00 7,275.00 511,136.27 1,501.71 27,767.56 35,668.16 93,748.44 19,017.10 7,200.00 3,673.07 445,263.41 4,208.79 72,722.42 5,012.94 2,226.36 7,600,205.99 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 -5,104.64 0.00 0.00 0.00 0.00 6,141.48 V-1 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2A DATE: May 2, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre SUBJECT: Addendum to Landfill Gas Agreement between Tropicana Manufacturing Company, Inc. and St. Lucie County BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Addendum and authorize the Chairman to sign the Addendum. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 D6ugW Anderson County Administrator Review and Approvals County Attorney: Management & : Budget Purchasing: g- Originating Dept. Solid Waste Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 06-704 DATE: April 21, 2006 SUBJECT: Addendum to Landfill Gas Agreement between Tropicana Manufacturing Company, Inc. and St. Lucie County BACKGROUND: On November 23, 2004, the County entered into a Landfill Gas Agreement with Tropicana Manufacturing Company, Inc. for the purpose of using landfill gas by Tropicana as a boiler fuel. Attached to this memorandum is a proposed Addendum to the Agreement. The principal change to the November 23, 2004 Agreement is to use the "NYMEX Fund Settlement Price" plus $0.0149 as the "Cost of Natural Gas" in the formula in Section 7.2. The proposed changes are acceptable to the County's Solid Waste staff and Solid Waste consultants. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Addendum and authorize the Chairman to sign the Addendum. Respe Xully submitted Daniel 5. McIntyre County Attorney DSM/caf Attachment Revised 121/02/05 ADDENDUM TO LANDFILL GAS AGREEMENT BETWEEN TROPICANA MANUFACTURING COMPANY, INC. AND ST. LUCIE COUNTY LANDFILL GAS ADDENDUM THIS ADDENDUM made and entered into on this day of , 200_, to that certain LANDFILL GAS AGREEMENT ("Agreement") of November 23, 2004, by and between TROPICANA MANUFACTURING COMPANY, Inc. ("TMC"), a Delaware corporation, and ST. LUCIE COUNTY ("County"), a political subdivision of the State of Florida, acting by and through its Board of County Commissioners ("Board"). WHEREAS, the County and TMC have previously negotiated and entered into the above -referenced Agreement for the purpose of gathering, transmitting and utilizing landfill gas ("LFG") by TMC as a boiler fuel in the industrial manufacturing, processing or production process at its St. Lucie County facility; and WHEREAS, the parties have determined that certain operational factors affecting performance and compliance in an effective, efficient and beneficial manner with the Agreement warrants the revision of certain provisions of said Agreement; and, WHEREAS, the Parties desire to amend the Agreement by an addendum; and, WHEREAS, TMC has determined that this ADDENDUM to the Agreement is beneficial to TMC; and WHEREAS, County has determined that this ADDENDUM benefits the healthy, safety and welfare of the citizens of St. Lucie County and serves an important and proper public purpose. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations, benefits and covenants contained herein, and for other such good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and TMC agree that they shall be bound by and shall comply with the following provisions of this ADDENDUM to the said Agreement, as follows: I. The provisions of ARTICLE 1— DEFINITIONS are amended as follows: 1.17 "Director" means the Director of the County's Solid Waste Department 444tb4 AleflEs, or his or her designee. 1.20 „" means the U.S. 2 7Q "Force Majeure" means: (a) An act of God (e.g., hurricane, tornado, landslide, lightning, earthquake, fire, explosion, or flood), acts of a public enemy, war, terrorism, blockade or insurrection, riot, civil disturbance, labor strike, lockout or similar labor dispute, and the inability to secure materials, products or labor; (b) The order or judgment of any federal, state, or local court, administrative agency or governmental body, excepting decisions of federal courts interpreting federal tax laws and decisions of state courts interpreting state tax laws, if it is not also the result of the misconduct or negligent action or inaction of the Party relying thereon or of a Person for whom the Party relying thereon is responsible; provided that neither the contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed as a measure of willful misconduct or negligent action or inaction of such Party; (c) The failure to issue, suspension, termination, interruption, denial, or failure of renewal of any Permit or approval essential to the operation of the County's LFG Collection Assets, either Party's LFG Handling Assets, or TMC's Facility; provided that such act or event shall not be the result of the misconduct or negligent action or inaction of the Party relying thereon or of a Person for whom the Party relying thereon is responsible; and provided further that neither the contesting in good faith of any such action nor the failure to so contest shall constitute or be construed as a measure of willful or negligent action or inaction of such Party; (d) A Change in Law; (e) The failure of any federal, state, or local public agency or private utility having operational jurisdiction in the area in which the Landfill and Facility are located, other than thb County, to provide and maintain utilities, services, water and sewer lines, and power transmission lines which are required for and essential to the operation of the County's LFG Collection Assets, either Party's LFG Handling Assets, or TMC's Facility; (f) Any unforeseen condition (including the presence of hazardous waste) which shall prevent, or require redesign or change in, the construction or operation of either Party's LFG Handling Assets, provided that the condition was actually and constructively unknown to the Party claiming a Force Majeure event; or (g) The condemnation, taking, seizure, involuntary conversion, or requisition of title to or use of the Landfill or Facility, or any material portion or part thereof, taken by the action of any federal, state or local governmental agency or authorities, other than the County; and (h) Any act, event, or condition which is determined by mutual agreement of the County and TMC to be of the same general type, and subject to the same 3 conditions, as those set forth in subparagraphs (a) through (g), above; provided, however, (i) "Force Majeure" shall not be deemed to include any act, event, or condition: (1) not described in subparagraphs (a) through (h), above; (2) over which a Party relying thereon (including any Person for whose performance such Party is responsible) has, under the circumstances involved, reasonable influence or control; (3) that could have been or can be overcome, under the circumstances involved, with reasonable due diligence by the Person relying thereon; (4) arising out of changing economic conditions; or (5) arising out of normal weather conditions for St. Lucie County. 1.212 "Landfill" means the County Landfill that is located at 6120 Glades Cut-off Road and used for the disposal of the County's garbage. The Landfill is depicted, and its legal description is provided, in Exhibit "A" to this Agreement. 1.22N, "Landfill Gas" ("LFG") means a natural gas with any mixture of hydrocarbons and noncombustible elements in a gaseous state, consisting primarily of methane and carbon dioxide, produced from the Landfill. 1.234 "Metering Station" means the location immediately upstream of the Delivery I Point, and the various meters and instruments used at that location, where the County measures the quantity and quality of the LFG delivered to TMC. 1.24-5 "MMBTU" means one million BTUs. 1.256 "Month" means the period commencing at 12:00 a.m. Eastern Standard Time on the first Day of a calendar month and ending at 11:59 p.m. Eastern Standard Time on the last Day of the same calendar month. 1.262 "MOU" means the Memorandum of Understanding (effective April 6, 2004) that was executed by the Parties concerning the sale and purchase of the County's LFG. 1.279 "Party" or "Parties" means TMC, the County, or both, as the context indicates 1.289 "Permit" means any local, state, or federal permit, license, franchise, registration, certification, authorization or other governmental approval required for the performance of a Party's obligations under this Agreement. 1.293-0 "Person" means any and all individuals and entities, natural or artificial, including but not limited to a firm, association, joint venture, partnership, public or private corporation, city or county, governmental agency, branch of government, or other group or organization, however organized, and any combination of the foregoing. 1.304- "Royalty" or "Royalties" means the compensation paid by TMC to the County for the LFG delivered to the Delivery Point. 0 1.31.2 "Shared Costs" means the operation and maintenance costs that are shared by TMC and the County pursuant to Section 9.1 of this Agreement. 1.32--+ "Specifications" means the "Specifications for Acceptable LFG" contained in Exhibit "C" to this Agreement. 1.334 "TMC" means Tropicana Manufacturing Company, Inc., a Delaware corporation. 1.345 "TMC's LFG Handling Assets" means all of TMC's equipment and other tangible assets used for the transmission, handling, management and use of LFG between the Delivery Point and the TMC boiler that will use the County's LFG. TMC's LFG Handling Assets include, but are not limited to, TMC's LFG pipelines and the equipment added to TMC's boiler to enable TMC to utilize LFG as boiler fuel. TMC's LFG Handling Assets do not include TMC's boiler or any other TMC equipment that is in place at the Facility on the Effective Date. II. The provision of ARTICLE 2 - TERM, Section 2.2 is amended as follows: 2.2 This Agreement shall remain in effect for a term of thirty (30) years, unless terminated earlier or extended. The thirty-year term of this Agreement sha4l-begian on the Commencement Date of September. 1, 2005 as established by mutual consent pursuant to the I provisions of Section 3.16, below. III. The provision of ARTICLE 3 - THE PARTIES' LFG FACILITIES, Section 3.16 is amended as follows: 3.16 TMC and the Consulting Engineer shall notify the Director in writing when the Parties' LFG Handling Assets are ready to commence routine commercial operations, and TMC shall identify the date that TMC wishes to designate as the Commencement Date. The proposed Commencement Date shall be designated as soon as practicable after the Director accepts the County's LFG Handling Assets pursuant to Section 3.15, above. The actual Commencement Date shall be the Day when the County issues its payment to TMC, pursuant to Sections 3.17, 3.18 and 3.19, below, for the construction of the County's LFG Handling Assets, or an earlier date that is mutually acceptable to the Parties. Prior to the Commencement Date, the County shall provide LFG to TMC, without charging a Royalty, to enable TMC to startup and test the Parties' LFG Handling Assets. After the testing has been completed successfully, the County shall have no obligation to provide LFG to TMC until the Commencement Date. The foregoing notwithstanding. if the Parties agree to a mutually cceptable Commencement Date that is prior to the accomplishment of all of the terms and provisions of Section 3 17 through 3.19 of the Agreement, the acceptance of that mutually determined Commencement Date shall not relieve the Parties from complying with any outstanding or remaining provisions or conditions of the Agreement, «.,hich are not clearly inconsistent therewith. IV. The provision of ARTICLE 7 - ROYALTY, Section 7.2 is amended as follows: 5 7.2 The amount of the County's Royalty shall be calculated by using the following formula: Royalty = 36% x LFG Quantity x Cost of Natural Gas In this formula, the "LFG Quantity" is the amount of LFG accepted by TMC during the previous Month (measured in MMBTU). The "Cost of Natural Gas" is the NYMEX Final Settlement Price plus $0.0149 for natural gas. "NYMEX Final Settlement Price" as used herein is the price established as of the close of trading on the third (3`d) business day before the end of the calendar month preceding the month of actual delivery and acceptance of LFG under this Agreement arm— �� a T Company in Zeiie 2 en the first Day of the Month for whiA_ the Reyaj�y is being eakulated. as aeeeptable to both Pai4iews. V. The provisions of ARTICLE 8 — BILLING AND PAYMENT OF ROYALTY AND SHARED COSTS are amended as follows: 8.1 Each Month following the Commencement Date, the County shall provide TMC with billing statements for the Royalty that TMC owes the County for the LFG delivered during the preceding Month and for the Shared Costs that TMC owes the County for the preceding Month. The billing statements, as applicable, shall: (a) identify the total quantity of LFG (measured in MMBTU) accepted by TMC during the preceding Month; (b) contain the County's calculation of the amount due based on NYMEX Final Settlement Price plus $0 0149 from TMC; and (c) contain the County's calculation of the Shared Costs owed by TMC. 8.5 All billing statements and invoices from the County to TMC shall be sent to the following addresses, unless notice of a change is given in accordance with Article 15, below: For TMC: Purchasing Department,keeounts Payable Tropicana Manufacturing Company, Inc. c/o Tropicana Products Inc 6500 Glades Cut-off Roadv. 0. Box 3 � Fort PierceBr-adanten, FL 34981.2G6 With copy faxed to: Attention: Purchasing Department b (772) 429-6470T+epieaan M *4a + ;, b 1 6500 Glades Cut off Reiad y,•• 8.6 All payments from TMC to the County shall be sent to the following addresses, unless notice of a change is given in accordance with Article 15, below: For the County: St. Lucie County Solid Waste Director 6120 Glades Cut -Off Road Fort Pierce, FL 34981 Cel VI. The provision of ARTICLE 9 — OPERATION AND MAINTENANCE COSTS, Section 9.1 is amended as follows: 9.1 Normal and routine operation and maintenance costs for the County's LFG Handling Assets shall be shared equally by TMC and the County, with each Party paying fifty percent (50%) of the Shared Costs. Among other things, these Shared Costs shall include the cost of calibrating the meters and other instruments used by the County to measure the quantity and quality of the LFG. The Parties' Shared Costs also include, but are not limited to, the out-of- pocket costs the County incurs for the independent, qualified third -party contractor that the County shall hire, with the recommendation and approval of TMC, to be responsible for the normal and routine operation and maintenance of the County's LFG Handling Assets. However, the Parties' Shared Costs shall not include the County's labor costs for its own employees. To reduce the potential for future disputes about Shared Costs, and as a guide to be used in resolving potential future disputes, Exhibit "D" provides some examples of operation and maintenance activities that will be included as Shared Costs, as well as replacement activities that will be funded solely by the County. The foregoing notwithstanding the County, with the approval and consent of TMC. may contract with the independent qualified third party contractor for perfornzing normal and routine operation and maintenance services for the County's LFG Handling Assets rendered on a "flow of gas versus fixed costs" basis with the "Shared Costs" charges for the services rendered by that third party contractor being paid fifty percent 50%) each by the County and TMC. VII. The provision of ARTICLE 15 — NOTICES is amended as follows: All notices and other communications provided for hereunder shall be either (a) hand delivered, (b) mailed by registered or certified mail, return receipt requested, or (c) sent by telecopy (receipt confirmed by telephone), in each case addressed to the intended recipient at the address for notices specified below, or at such other address as shall be designated by such Party by notice given in accordance with this Article 15. All such communications shall be deemed to have been duly given when transmitted by telecopier and receipt is confirmed, or when personally delivered, or in the case of mailed notice, when delivered, as shown by the returned receipt. Actual notice shall always be effective when received. For TMC: Plant Manager Tropicana Products, Inc. 6500 Glades Cut-off Road Fort Pierce, FL 34981 With copies to: General Counsel PepsiCo Bevefages and Foods Quaker. Tropicana Gatorade 555 West Monroe Chicago, IL 60661-3716 Alan H. Prather, Esquire 7 Dye, Deitrich, Prather, Petruff & St. Paul, P. L. I I I I Third Avenue West, Suite 300 (34205) Post Office Box 9480 Bradenton, FL 34206 For the County: St. Lucie County Solid Waste DirectorManag 6120 Glades Cut-off Road2300 %1ir-g b ii Fort Pierce, FL 349812 With copies to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 VIII. The Agreement and all of its Articles, Sections, Paragraphs, provisions and terms, except as applying to the specific provisions amended by this ADDENDUM, are hereby ratified and confirmed and remain in full force and effect by and between the Parties. IX. This ADDENDUM shall be governed by, and construed in accordance with, the laws of the State of Florida. The Parties stipulate that venue for any suit, action or proceeding brought by either Party with respect to the interpretation or enforcement of this ADDENDUM shall lie in St. Lucie County, Florida. X. This ADDENDUM shall be executed in at least triplicate originals by the Parties hereto and each when so executed and delivered shall constitute one and the same ADDENDUM. XI. If any provision of this ADDENDUM shall be invalid, illegal or unenforceable in any respect under any applicable law, then, unless the context otherwise requires or the express purpose of this ADDENDUM and its related Agreement is frustrated, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. XII. The Parties acknowledge that they each have had meaningful input into the terms and conditions contained in this ADDENDUM. Therefore, any doubtful or ambiguous provisions contained herein shall not be construed against the Party that physically prepared this ADDENDUM. XIII. It is acknowledged, understood, accepted and declared by the Parties that documents of any kind held by TMC relating to this ADDENDUM, the Agreement and this transaction addressing TMC's operations downstream of the Delivery Point are intended to be the private business records of TMC, as well as protected trade secrets. Documents of TMC are not intended to become public records pursuant to Chapter 119, Florida Statutes, solely by the fact of the existence of this ADDENDUM and the related Agreement between TMC and the County. However, documents generated by TMC relating to the measurement of LFG and the amount of the Royalties due to the County shall be available for review by the County. If TMC seeks payment of any claims pursuant to the provisions of this ADDENDUM and the related Agreement, any documents relevant to TMC's claim shall be made available for inspection and copying by the County. XIV. Any term, condition, covenant or obligation in this ADDENDUM or the related Agreement that requires performance by a Party subsequent to termination of this ADDENDUM or the related Agreement shall remain enforceable against such Party subsequent to such termination. XV. TMC represents that: (a) TMC is a corporation duly organized under the laws of the State of Delaware and TMC is qualified to do business in the State of Florida; (b) this ADDENDUM has been duly authorized and executed by TMC; (c) TMC has the requisite power and authority to perform its obligations under this ADDENDUM: and (d) TMC shall conduct all of its activities under this ADDENDUM in compliance with all applicable law. XVI. The County represents that: (a) the execution of this ADDENDUM has been properly approved and authorized by the Board; (b) the County has the requisite power and authority to perform its obligations under this ADDENDUM; and (c) the County shall conduct all of its activities under this ADDENDUM in compliance with all applicable law. XVII. This ADDENDUM shall take effect upon approval by Board and execution of same by its Chairman or Vice Chairman. IN WITNESS WHEREOF, the Parties have authorized the execution of this ADDENDUM by their respective officials on the day, month and year below given. Attest: By: Secretary/Treasurer Tropicana Manufacturing Company, Inc. By: President/Vice President Print Name Print Name (Seal) Date: , 200 9 WITNESSES: By: Print Name: By: Print Name: STATE OF FLORIDA COUNTY OF The foregoing document was acknowledged before me this day of 200_, by as Manufacturing Company, Inc., who is personally known to me or has produced as identification. Attest: By: Deputy Clerk Notary Public, State of Florida Printed Name Commission Number: Commission Expires:_ St. Lucie County, Florida, By: Chair: of Tropicana Board of County Commissioners Date: ,200 Approved as to Form and Correctness Daniel S. McIntyre County Attorney I:\Docs\TPI\St. LucieTio Gas\Landfill Gas Addend um.Redlined.12.02.05.Doc 10 91 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: Weldon B. Lewis Park Florida Power & Light Company 12' Utility Easement ITEM NO. C2B DATE: May 2, 2006 REGULAR [ ] PUBLIC HEAPING[ ] CONSENT [XX] PRESENTED BY: JoAnn Riley Property Acquisition Manager BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the 12' Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 (� Review and Approvals [XXJ County Attorney: [ ) Environmental Resources: [XX] Originating Dept.: 3MR [ ] Road A Bridge: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\Environmental\Ancient Oaks\FPL Easement Agenda Request.wpd County Administrator [ ] County Engineer: ( ] OMB: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: May 2, 2006 SUBJECT: Weldon B. Lewis Park Florida Power & Light Company 12' Utility Easement BACKGROUND: Florida Power & Light Company has requested a 12' Utility Easement. The Easement will allow the installation of a new ground transformer along the North boundary of the Park that will feed the restrooms and irrigation. Ralph D. Denuzzio & Associates prepared the attached sketch and legal description. Central Services has no objections to the proposed Easement. RECOMMENDATION: Staff recommends that the Board approve the 12' Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and direct staff to record the Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, Ann Riley Property Acquisition Manager 6:\ACQ\WP\7oAnn\Environmental\Ancient Oaks\FPL Easement Agenda Memo.wpd Work Request No. 1951714 EASEMENT Sec.O3 Twp M S, Rge 40E This Instrument Prepared By Name: DELBERT LYNN Parcel I.D. 3403SoZoo2-4o1o4 Co. Name: Florida Power& Light Company (Maintained by County Appraiser) Address: 3301 ORANGE AVE Form 3722 (Stocked) Rev. 7/94 FT PIERCE FL p9 of _ The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10' feet in width described as follows: SEE EXHIBIT A AND B ATTACHED HERETO AND MADE A PART HEREOF Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or as distribution; and further grants, to the fullest extent the undersigned hthe power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on 20_. Signed, sealed and delivered in the presence of: orpora e s name i ness igna ure By: (President's signs ure Print Name: Print Name: (Witness) Print Address: (Witness' igna ure Attest: Print Name: (secretarys signature) (witness) Print Name: Print Address: (Corporate Seal) STATE OF AND COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by , and respectively the President and Secretary of a corporation, on behalf of said corporation, who are personally known to me or have produced as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Notary Public, Signature Print Name 04/14/2005 13:26 56/7959282 H&I CONTRACTING TNC PAGE 02/ 03 z mZ� N 23 I I I I A tiLF]� S O IITTMii � � ^ 500.253B9M i 1 i PWNr OF T"IMUS i 3NE TMU 7L-0 IRiilf� b'T1i t Y PJM4 ♦'02'w A.fiO` L2 I NA9•wS8`E 1 9.23' I Toa � , & 14 u.0 M 90002U SS"W 231,00` w .r FACT wAv LTNE S.R. C-wt '•'� ��w� POP (OUMMER Ave) EAST LDVE Socnow 3.36-<0 -�`— 'FRD 12' FPL EASEM'E T SKETCH & LEGAL DESCRPnON SIL Lucie County WJT VAUM ►ann,t "M MiATUM AN! ?VIC 6U'%V21�' * AM MPMR A ftDt[M I.7GEM D W14 oa er Ralph D. Denuzzlo & Associates Engineers, Planners,Surveyc7rs 218 N F'eoleral IIIghway Fort- Pierce, FL 34950 LB NO. 000744.8 (954) 969-5100 FAX (954) 959-968U sawn P. MWA mm n-MMAMMR 'imNa a 0040 DPM m 2' F)iLDBQ1( N/A BATE► 022--20-05 SCALD NTS ^04/14/2005 1.3:26 5617959262 H&J CONTF!ACTING I14C PAGE 03/03 C� ��1 rS / l LEGALDESCR.IPTlON: A 12" ►NIDE. F.P,L. EASEMENT LYING WITHIN LOT 9 OF WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUOL.iC RECORDS OF ST LUCIE COUNTY HAVING A CENTERLINE DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 36 SOUTH, RANGE 40 EAST; THEN(" F COUTH DO62S135" WEST ALONG THE WEST LINE OF sm SECTION 3-36-40 A DISTANCE QF 665.49 FEET; THENCE NORTH W58'17- EAST FOR 24.10 FEET TO THE NORTHWEST' CORNER OF SAID LOT 9; THFNrr SCIUTH 0002S'35" WEST ALONG THE EASTERLY RIGHT-0I7-WAY LINE OF OLEANDER AVENUE (STATE ROAD 5-605) AS CURRENTLY LAID CUT AND IN USE A DISTANCE OF 231.00 FEET To TTiE POINT OF BEGINNING; THENCE NORTH 89*58*17" E-AgT41.00 FEFT, THENCE SOUTH 79049*52' EAST 77.31 FEET; THENCE SOUTH 880X9'44" EAST 24.74 DEFT; THENCE NORTH 76049'28" EAST 63.40 FEET; THENCE NORTH 89658'17" EAST 148.92 FEET; THENCE NORTH D0614"O. EAST 4..60 FEET; THENCE NORTH 89045'58" EAST 9.23 FEET; TO THE POINT OF TERMINUS GENERAL NOTES: 1: THE 1.1NDCR5IGNED SURVEYOR HAS NOT BEEN PROVIDED A CURRENT TITLE OPINION OR ADSTRAC t OF MATTERS AFFECTING TITLE OR BOUNDARY TO THE SUBJECT PROPERTY, IT IS POSSIBLE THAT -MERE ARE DOCUMENTS OF RECORD UNRECORDED DEEDS, EASEII OR OTHER INSTRUMENTS THAT COULD AFFECT THE BUUNUAHILk i 10 1 FIE SUBJECT PROPERTY. 2: THIS EOUNDARY SURVEY IS BASED UPON THE LEGAL. DESCRIPTIONS FURNISHED 6Y THE CLIENT. 3: MEASUREMENTS SHOWN HEREON ARE FXPRFS4Fn IN FFFT Awn DEr.IMAL PAMs THEREOF. 4: RALPH D. DENUZZIO de ASSOCIATE, INC. RESERVES THE RIGHT TO muzE, ANY AND ALL INFORMATION OBTAINED IN THE PREPARATFON OF THIS SURVEY W N UOINt: THIR MAP nF LAND SURVEY, FOR ANY OT"WLR 13VA15 !^►68. 5: DIMENSIONS SHCNN ARE TAKEN AT THE EXPOSED AREAS OF IMPROVEMEK!"S UNDERCROUNC FOOTERS, FOUNDATIONS, UTIDms OR OTHER SUBSURFACE STRUCTURES ARE NOT LOCATED FOR THE PURPOSE OF THIS SURVEY. W SOURCES OF WFORMAMN USED IN PREPARATION OF THIS SURVEY ARE AS FOLLDws: A PUTT OF "SUBDIVISION OF WHITE CITY (PLAT BOOK 1. PAGE 23, S.LC.R.) B SURVEY — TOPO/ BOUNDARY OF ANCIENT OAKS PARK PERFORMED BY KIMLEY HORN e> A5'SUI,:IAIt5, INC. DATED 6-4--02 7; THIS SURVEY UW NOT BE REPRODUCED IN WHOLE OR IN PART W117HOUr THE PERMISSION OF RALPH D. DENUZZIO & ASSOCIATES, INC. 8: TH'S ORAMNG IS NOT VALID UNLESS RBARINY: AN ORImmm 1.czlrmAT1.IRE AND EMI30SSED LAND SURVEYORS SEAL 9; BEARINGS ARE WED ON THE WE"T LINE OF SECTION 3-36-40 161 THIS SKETCH CONPI.TCS VTTU THE WTNT14LIM TECHNICAL STANDAQbS ESTABLISHED BY CHAPTER 61--G17-6 OF THE FLORIDA ADMINNISTRATIVE CODE. 19' FPL EASEMENT SKETCH & LEGAL DESCRIPTION St Lucie County Ralph D. Danuzzio & Associates Engineers, Ptanners,Surveyors P1 R N t` tderat Highway Fort Plerce, FL 34950 LB NO, 0007448 (9S4) 969-5100 FAX (954) 969-9600 WT VAI.12 YIRIOUT nE SICAV,A� TIC�A� 0: A rLARtAA LSCF.FISED wxvcrm AND eMM-M craws r. 14MILw, rm Flan. RCL M L 4W JIM NIL cIa YK74f1 Draw >� BP _-- FIE1D1mC �NfA DAB, a�-20-05 ram, NTS SIVIT M 2 of 2 INACCESSIBLE '�] 13 kV El FUTURE 23 kV 23 kV SALT SPRAY N 1 I7 a 213+7 CONSTRUCTION NOTES 1. LOC. 1 INST FUSE SW 2. LOC. 2 INST 50 KVA PM TX 3. 1PN1C TO PMTX WR # 1951714 IWR # 2515-043-0432 AS -BUILT CREW PRINT ALLHINFPLSTANDAGROUND RODS VALUES REEN SHOWN AT ALLOCEDTO JOB CERTRED NTMATERIAL HANGESSHOWNTHISASJ3UILT AS -BUILT BE WITHIN FPL STANDARDS, VALUES ARE SHOWN AT ALL LOCATIONS. PRINT. MATERIAL CHANGES SHOWN ON ROB FOREMAN'S SIGNATURE DATE FOREMAN'S SIGNATURE DATE SUPERVISOR'S SIGNATURE DATE INmAls CERT, DATE Easement? Yes[:] No ® Survey/Stake? Yes ❑ No® Work withSMO?Yes ❑No ® FPL OCL/ST LUCIE CTY FT PIERCE Tree Work? Yes ❑ No ® Designer/Stake?Yes ❑ No ® CT/Special Mtr? Yes ❑ No 4660 OLEANDER AVE -ANCIENT OAKS PARK PERMIT I City I County Rd. County Air State Road FFA FT PIERCE FL RED WMp RR Xing DR. Dist. Transm. ' Requested Tel. Co. Set Poles ? YES NO X Tale. Attachment Per Designed by: IHAO TSAI Date: 4/12/2006 Requested Tel. Co. Transfer ? YES ❑ NO Request CAVT Transfer? YES ❑ NO ® T.I.ph oeC..J.bN.. Drawn by: IXT Check by: IXT Dwg No. 1 OF 1 POLE LINE FEET 0' DUCT BANK FT. 0' Rural Location Sec. 3 TWP. 36 S,R. 40 E. POLE LINE FT. ON TRANSM. POLES 0' TRENCH FT. 360' SCALE: N.T.S St. Lt MAP No. Pri Map No. AV-0574 TLM/LDS MODEL No. _ 7Map Posting? YES ® NO ❑ Posted by: Work Order No. 2515 ER No. 043 LOC'n Code 0432 181 X SNOISN38 oN roJ xou-alto z'fvwf %P ]eBf z%-xss (tlt) xrf %c-n Rx<) moue attc v' mr yrK 'llluz lsrz �oP ' �'svrttoss.Yaue uzm�-att%r mot �i roul'saienossypue�l.Wfwn WOH•ABIWl� ❑-J W35 SLY65 s3'd uelda3lS VOIaOIj AINNOJ al m is a�]ald•Jd )IJed Wo l.ualouy n r�.�w� < 6 z o� p i MlO fa afbla SOS ,.�.� Hd Yy $IaHJ to tl00� ^two 0310N SYf 8 ct7 3 •j a v� Er co • s � 3 3 m A 'Y q o �1IIY x• II �t]� J .S f aL9 � Ilt I 9 I iRC$ ](D.00.'N o ] €€qq LZ I 1 I g�� jj gE A I I• I � .5 fill � �sE� `a 'fillVk •, r „ I I Fs i a I II I 4 I i • Ix>,IErt lsf6 - i+xlvxf0 xplr�0�lllv ,, g[4 i,, � d ; _. b ''fY > * r I � I r•�I ! �` pg � I 1 Oy' �%> RdWe �' �i• Yn - i/`�P I P � s o EElll333E +»+ � L€ 1•'?: N AI l jO . � € }'y .r'... ➢ AID €Wo i � a /' 1 /S ... Y •C y ni 4 s� Hg; 10 L ; ty 'op po .O. rim T, O`1184Y(D tf0k� 49, O'. Jig l I Am 40, --- - - bvFM.sf.szow`/ s .sc, ms Aocst - �• (S09-S 'RN P-H a]e ) a Ay JOPuse10 - lw+a.ra n ..nn �?� S_ 3 Y lxmdt.e n zdt 8] � R � l,rf• a� aS ; AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 ITEM NO63c,, DATE: May 2, 2006 REGULAR [ ] PUBLIC HEARING [ CONSENT [ X ] PRE NTTED BY: U vv /MicAael Powle P.E. County Engineer SUBJECT: SR 615 S. 251h Roadway Widening (Midway Road —Edwards Road) Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc. to provide reimbursement for rental of vibration monitoring equipment in the amount of $6,500. BACKGROUND: See attached memorandum. FUNDS AVAIL. Funds will be made available in 101006-4116-563021-4108 S. 25th St. Widening — Transportation Trust Impact Fees. PREVIOUS ACTION: 1 /10/06 - Board approved the First Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide geotechnical testing services in the amount not to exceed $100,000 for the S. 25"' Street Roadway Widening Project (Midway Road -Edwards Road). RECOMMENDATION: Staff recommends Board approve the Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide reimbursement for rental of vibration monitoring equipment in the amount of $6,500 for the S. 25"' Street Roadway Widening Project (Midway Road - Edwards Road), and authorization for the Chairman to sign. COMMISSION ACTION: JC] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attomey [x]Originating Dept. Public Works [ ]Finance rl� S. 2EP Widening Dunkelberger Amend 2 to WA16.ag.doc C JXPOW. & Budget* [x]Co. yM. Anderson Administrator [x]Exec. Asst.1� DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: May 2, 2006 SUBJECT: SR 615 S. 25"' Roadway Widening (Midway Road —Edwards Road) Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc. BACKGROUND On September 12, 2000, the Board entered into a Joint Participation Agreement (JPA) with FDOT to reimburse design and construction of S. 25"' Street Widening. On October 16, 2001, the Board entered into an Agreement with Inwood Consulting Engineers to provide design and permitting services for the S. 25'h Street Widening Project. On June 28, 2005, the Board approved Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide geotechnical testing services in the amount of $20,000 for the SR 615 S. 25t" Roadway Widening Project (Midway Road -Edwards Road). On January 10, 2006 the Board approved the First Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., to provide geotechnical testing services in the amount not to exceed $100,000 for the S. 25"' Street Roadway Widening Project (Midway Road -Edwards Road). The attached Second Amendment to Work Authorization No. 16 with Dunkelberger Engineering & Testing, Inc., is to provide reimbursement for rental of vibration monitoring equipment in the amount of $6,500 for the SR 615 S. 25"' Roadway Widening Project (Midway Road -Edwards Road). This equipment is not explicitly available in their continuing services contract with St. Lucie County. It will be used to monitor vibration levels near the existing structures along the river during our pile driving work associated with the new bridge construction. SECOND AMENDMENT TO WORK AUTHORIZATION NO. 16 CO3-10-686 W.A. #16 PROJ.#4108 S. 25`h ST. WIDENING (MIDWAY RD. TO EDWARDS RD.) - SOIL TESTING Pursuant to that certain Agreement between County and Engineer for Professional Services for Continuing Soil Testing Services (the "Agreement" (Contract No. CO3-10-686) between St. Lucie County (the "County") and Dunkelberger Engineering & Testing, Inc., (the "Engineer") dated October 14, 2003, the Engineer agrees to perform and successfully complete the scope of work as set forth in the Engineer's Agreement and more particularly described in the attached Exhibit "A", the County agrees to compensate the Engineer the amount not to exceed One Hundred Six Thousand Five Hundred and 00/100 ($106,500.00) dollars. All work under this Second Amendment to Work Authorization No. 16 shall be completed on or before December 31, 2007 (or refer to schedule Exhibit "A", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. WITNESS: ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY DATE: DUNKELBEJWF�ENGINEF,RING & TESTING, INC. IM E. Dunkelberger, DATE: April 20, 2006 Exhibit "A" DATE: April 19, 2006 WORK AUTHORIZATION: Second Amendment to Work Authorization No. 16 PROJECT: S. 25`h St. Widening (Midway Rd. to Edwards Rd. - Soil Testing FIRM: Dunkelberger Engineering & Testing, Inc. TIME OF PERFORMANCE: December 31, 2007 SCOPE OF WORK: Perform soil testing services on the S. 251h St. Widening (Midway Rd. to Edwards Rd.) project on an as needed basis. in AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN ITEM NO. C3b DATE: May 2. 2006 REGULAR: ( ) PUBLIC HEARING:( ) CONSENT: (X) PRESENTED BY: .0N Don Wes Public Works Director SUBJECT: Taylor Creek IC25 Dredging Restoration Project Phase 3. Approval of Work Authorization #3 with Dredging and Marine Consultants for Phase 3 Shoreline Stabilization, Permitting, and Engineering and Construction Inspection Services. BACKGROUND: Taylor Creek/C25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. In April, 2003, the County submitted permit applications for the entire Taylor Creek Dredging Project. In August, 2003 a decision was made to subdivide the Project into 2 Phases for purposes of permitting and construction. This decision was based upon the complexity of permitting issues and the need to expend grant funds in a timely manner. Currently, Phase 1 of the dredging has been completed. Approximately 100,000 cubic yards of muck sediments have been dredged from the navigation channel, east of the Railroad Bridge. Public Works Staff is ready to proceed with Permitting of Phase 3 of the Project, to allow construction to proceed in early 2007. The attached Work Authorization No. 3 with Dredging and Marine Consultants outlines the work that is necessary to obtain permit approvals for Phase 3, and to prepare plans and specifications for bidding purposes. Improvements that are proposed in Phase 3 include: Stabilization of the shoreline and the banks of Taylor Creek at selected locations. Limits of the Project are between the spillway structure and the US Highway 1 Bridge. Several Agencies are partnering with St. Lucie County to accomplish the restoration of Taylor Creek, including South Florida Water Management District (SFWMD), St. John's River Water Management District (SJRWMD), Florida Ports Council, (FSTED), and Florida Inland Navigation District (FIND). 0 FUNDS AVAILABLE: Funds will be made available in FDOT Taylor Creek Restoration Grant, Account No. 140329-4315-546350-4657-Maintenance Dredging. PREVIOUS ACTION:: 3/9199: Approval of Work Authorization #11 with Williams, Hatfield & Stoner in the amount of 11,000 for preparation of FIND Grant. 514/99: Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process. 2/15100: Approval of Work Authorization #13 with Williams, Hatfield & Stoner in the amount of $86,900 for sediment testing and analysis. 317100: Approval of Work Authorization #14 with Williams, Hatfield & Stoner in the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 511/01: Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and permitting of Taylor Creek Project. 2/5102: Approval of Work Authorization #2 with BCI in the amount of $33,050 for the Taylor Creek Restoration Dredging Project Shoreline Stabilization and Improvements Reach 2. 315/02: Approval of Work Authorization #3 with BCI Engineers, Inc. in the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. 8/22103: PO #2313380 for Arc Surveying for Hydrographic Survey in the amount of $18,500. 8/22103: PO #2313388 for Elab for Analytical Services in the amount of $18,894.00. 8/22/03: PO # 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10,050.00. 9/30/03: PO #2313589 for Dredging & Marine Consultants, Inc. for Grant Coordination and Permit Finalization in the amount of $19,990.00. 2/04104: Approval of contract with DMC Engineering in the amount of $24,970.00 for preparation of bid documents & specifications. 2/17104: Approval of Work Authorization #4 with BCI in the amount of $7,494.00 for design of spoil site. 3116/04: Award of Construction Contract for Phase I Dredging of Taylor Creek in the amount of $2,485,820.00. 119106: Board accepted the Taylor Creek Phase 1 Dredging project and released retainage and final payment to Lake Michigan Contractors, Inc in the amount of $648,315.65. RECOMMENDATION: Public Works Staff recommends approval of Work Authorization No. 3 with Dredging & Marine Consultants, in the amount of $107,500.00, for engineering services related to Phase 3, Taylor Creek Dredging. COMMISSION ACTION: XAPPROVEDO DENIED O OTHER: . Approved 5-0 Review and Approvals CON ENCE: /-Dp6glas Anderson County Administrator ,, ® Originating Dept: Pub. Wks.toarks • ® County Attorney: �L'' ® Management and Budget: ® Purchasing: & Recreation: ❑ Environmental Lands: ® Finance : C 0 ❑ Other Anyone with a disa ' ny requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. PUBLIC WORKS DEPARTMENT ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Don West, Public Works DirectorrT DATE: April 18, 2006 RE: Taylor Creek Dredging Phase 3 BACKGROUND: Taylor Creek/C25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The project will involve the removal of approximately 210,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit$ the public. In April, 2003, the county submitted permit applications for the entire Taylor Creek Dredging Project. In August, 2003 a decision was made to subdivide the Project into 2 Phases for purposes of permitting and construction. This decision was based upon the complexity of permitting issues and the need to expend grant funds in a timely manner. Currently, Phase 1 of the dredging has been completed. Approximately 100,000 cubic yards of muck sediments have been dredged from the navigation channel, east of the Railroad Bridge. Public Works Staff is ready to proceed with Permitting of Phase 3 of the Project, to allow construction to proceed in the summer of 2006. The attached Work Authorization No. 3 with Dredging and Marine Consultants outlines the work that is necessary to obtain permit approvals for Phase 3, and to prepare plans and specification for bidding purposes. Improvements that are proposed in Phase include: Improvements that are proposed in Phase 3 include: Stabilization of the shoreline and the banks of Taylor Creek at selected locations. Limits of the Project are between the spillway structure and the US Highway 1 Bridge. Several Agencies are partnering with St. Lucie County to accomplish the restoration of Taylor Creek, including South Florida Water Management District (SFWMD), St. John's River Water Management District (SJRWMD), Florida Ports Council, (FSTED), and Florida Inland Navigation District (FIND). RECOMMENDATION: Public Works Staff recommends approval of Work Authorization No. 3 with Dredging & Marine Consultants, in the amount of $107,500.00, for engineering services related to Phase 3, Taylor Creek Dredging. WORK AUTHORIZATION NO. 3 C#-04-12-563 Engineering Services Related to Dredging for Taylor Creek Restoration Dredging Project, Phase 3 Permitting, Engineering, and Construction Inspection Services. Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and DMC Engineers & Scientists, Inc.(the "Engineer") dated March 27, 2006, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 1" CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ENGINEER BY: Print Name: DMC Engineers & Scientists, Inc. Date: Dredging & Marine Consultants -DP[C ENGINEERS • SCIENTISTS April 19, 2006 DMC PN: 06-002-07 Mr. Donald B. West, P.E. Director of Public Works St. Lucie County 2300 Virginia Ave, 2nd Floor, Annex Room 229 Ft. Pierce, FL 34982 RE: Taylor Creek Restoration Dredging Project, Phase 3 Shoreline Stabilization; Permitting, Engineering and Construction Inspection Services; Scope of Services, Budget, and Schedule - Revision Dear Mr. West: Dredging & Marine Consultants, LLC (DMC) is pleased to submit this proposal with supporting exhibits for the above referenced project. We have attached the three exhibits; Exhibit A: Scope of Services, Exhibit B: Budget, and Exhibit C: Schedule, at your request. These services include the necessary services to survey, collect field data, design, permit and prepare bid specification for the Shoreline Stabilization along the Taylor Creek Canal, west of the US 1 Bridge. DMC is able to commence work immediately upon receipt of the County's Notice to Proceed. We look forward to working with St. Lucie County. Respectfully, Dredgin rine Consultants, LLC !'LA 7 Shailesh K. Patel, M.Sc., CPSSc. Project Manager CADMC PROJECTS\002 -St. Lucie County\06-002-07 TaylorCreek Ph 3 ShorelineStabilization\06-002-07St.LucieCounty TaylorCreekDredgingPhase3BankStabilization Proposal Coverltr03-27-06.doc 5889 S. Williamson Blvd., Suite 1407 - Port Orange, FL 32128 - Phone: 386-304-6505 - Fax: 386-304-6506 spatel@dmces.com - www.dmces.com Exhibit A Scope of Services Project: Taylor Creek Restoration Dredging Project, Phase 3 Shoreline Stabilization Client: St. Lucie Connt3 County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 06-002-07 Scope of Services Task 1: Right-oj-' lvay. Land, f. nvironmental, and Cultural Surveys andHeld field Darn Compilation: this tusKl wl:l .:Jailiar:. -inn shore!tra. and upiand catures along vne c:e6l', thhat, requirc slabllization, west of the US 1 bridge. In a preliminary 2003 survey, 10 si.tos were ideirio itd ,Tong we creek that evert severely ioded and contributing to the sediment load. The apiands and right -elf -way will be survey so as to ensure no private property in encroached.. The side slopes will be surveyed to assist with design options and site access issues, if any. We will complete all environmental surveys to identify and native and exotic plant species, threatened and endangered species as and well as a cultural resources for the. SEate. DMC will coordinate with the City of Ft. Pieicu; St. 1..ucie County, FI)EP. 11SAC_OE, Sl.. Ali and airy other groups or agencies to mce: their r_eeJ, for both the pQriniving :a ;.d design. iciiic;ing !uture maintenance. Tusk 2:.Project Design and F,'ngineering: This task will invoke utilizing the data collected in Task 1 above to :ornpltte the necessary engineering and design. We will meet with the SFWM.D, City of Ft. Pierce along with the County staff to discuss the design options and future maintenance of the site. We will evaluate up to three potential designs for consideration. This task will include the necessary meetings to design the best option for the agencies involved. This information will be used to prepare and submit the permits. It is likely that a combination of designs may be applicable to a site depending on the site features, access and location. Task 3: Permitting: DMC will coordinate and provide for all the necessary data required by the regulatory agencies to submit and secure the necessary permit for this project under this task. This task will also include two meetings with the necessary agencies or municipality to design the project. This task includes responding to the Request for Additional Information (RAI) from the FDEP and USACOE. St. Lucie County will be responsible for any local, state, and federal permitting fees. Dredging & Marine Consultants -.D]Y[C ENGINEERS • SCIENTISTS Task 4: Technical Specifications, Pre -bid and Contractor Evaluation. 4ssistance: DPAC will mo\,ide the necessary plans and specifications for biddlm,, IfiL Phass 3 project in this task. DMC will provide a 900/o set of plans and documents for the agreed design for the County's (engineering review and comment after the other agencies involved have reviewed .and agreed on the final design(s). A iira) set of the entire technical specifications and drawin2S %vi:l be provided in reproducihle format to the County. DMC will assist the County in coordinating the bidding schedule, coordinating and attending a pre -bid meeting, responding to any questions and providing any addenda and review and contractor selection process. Task S: Public and Project Meetings and Funding Management: i-iris task includes two public/commission update meetings/f)rrser_ta..ioi s, four management meeting wit'i St. Lucie County and any other coordination that may be needt-.. with the Cif, of Ft. Pierce or i) irii i' ull.iig Kati It r DMi: %Nili niariage i.his project to _nsurc p1.rni't, and. projeC-L schedule is maintained to implement the Phase 3 project. DMC will also ; .ssrst the f"Ounty with the preparation, modification and updates reports required by the various funding .tsenc.ies as i art of this task. i7h1C PKr:)!C(i'fS'(,.'iF St. Lucie County'\06-0o2-o7 i'aylorCreek Ph 3 Shore!i-..ertabiii::,ai .r.,Of, t(!:-f:'S 1 t.i%;o t. c.;aty 1 o%P�,Cn:kl)r. Iirarion Sc::DeEyhibit A03-27.06.doc Dredging & Marine Consullants ENGINEERS - SCIENTISTS Exhibit B Budget Project: Taylor Creek Restoration Dredging Project; Phase 3 Shoreline Stabilization Client: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 06-002-07 Budget Task Description Cost (S) 1 Right-of-way, Land, Environmental, and Cultural Surveys and Field Data Compilation 54,800.00 2 Project Design and Engineering 17,500.00 3 Permitting 9,500.00 4 Technical Specifications, Pre -bid and Contractor Evaluation Assistance 13,500.00 5 Public and Project Meetings and Funding Management 12,200.00 TOTAL 107,500.00 CADMC PROJECTS\002 -St. Lucie County\06-002-07 TaylorCreek Ph 3 ShorelineStabilization\06-002-07St.LucieCounty TaylorCreekDredgingPhase3ShorelineStabilization2 BudgetExhibit B03-27-06.doc Dredging & Marine Consultants ENGINEERS - SCIENTISTS -0„C() K 3 s -1 m �. 3 � 00 n 99 O c) c> 3 3. n o z 3 � � Q !; Qm m � � m o Al CA 1 CD v O � d � a Co d m � N 9 o cn m n 0 cn Ch p 0 v m3. m o r a 0 o .o 0 n A O m c I N_ O 1 d O v m a U2 v 0 m n N Ol AGENDA REQUEST ITEM NO. C3c DATE: May 2, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESE BY: SUBMITTED BY (DEPT.): ROAD & BRIDGE DIVISION (4110) Donald Pauley Interim Road & Bridge Manager SUBJECT: Re -approve Final acceptance of resurfacing work, Final Change Order #2, release of retainage, and make final payment of $95,615.42 for the annual 2004-05 Resurfacing Contract with Ranger Construction Industries, Inc using correct fund numbers. BACKGROUND: The contract was awarded to Ranger Construction Industries, Inc. on 4-13-04 for resurfacing identified roads for a total of $991,261.54. During the work on the contract, the paving of the New Fairgrounds parking lot, was added on Change Order #1 increasing the total contract price to $1,068,861.54. The work has now been completed and the Final Change Order is a decrease change order in the amount of $112,707.50 which adjusts the contract quantities to actual quantities used and final contract cost of $956,154.04. This item was previously approved by Agenda item C3a, dated 4-4-06 using incorrect fund numbers. The fund numbers are now changed to the retainage fund numbers with the following dollar values: 101002- 0000-205100-000 $82,621.12, 316001-0000-205100-000 $5,234.30, 001-0000-205100-000 $7,760.00. FUNDS ARE AVAILABLE IN: 101002-0000-205100-000 Contracts Payable Retained % 316001-0000-205100-000 Contract Payable Retained % 001-0000-205100-000 Contract Payable Retained % PREVIOUS ACTION: Contract awarded on 4-3-04 for $991,261.54. Change Order #1 approved on 6-7-05 increased contract to $1,068,861.54. Change Order #2 and Final acceptance approved on 4-4-06. RECOMMENDATION: Staff recommends re -approval of final acceptance, approval of Final Change Order#2, which will decrease the contract amount by $112,707.50 to a final contract amount of $956,154.04, authorize the Chairman to sign the Change Order, release retainage, and make final payment of $95,615.42 for the Resurfacing Contract with Ranger Construction Industries, Inc. COMMISSION ACTION: CONCURR Y] APPROVED [ ] DENIED Approved 5-0 [ ] OTHER lloAlas nderson County Administrator [x] County Attorney [x] Mkt. & Budget Vv__[x] Public Works Director [ ] Project. Manager [x] Finance Director [xi Purchasing Dept [ ] Road & Bridge AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY DIVISION: ROAD & BRIDGE - 4110 ITEM NO. C-3a DATE: April 4, 2006 REGULAR [] PUBLIC HEARING [ ) CONSENT [x] PRESENTED BY: J. Scott H nng, P.E. Road & Bridge Manager SUBJECT: Final acceptance, approval of Final Change Order #2, release of retainage, and make final payment of $95,615.40 for the annual 2004-05 Resurfacing Contract with Ranger Construction Industries, Inc. BACKGROUND: The contract was awarded to Ranger Construction Industries, Inc. on 4-13-04 for resurfacing identified roads for a total of $991,261.54. During the work on the contract, the paving of the New Fairgrounds parking lot, was added on Change Order #1 increasing the total contract price to $1,068,861.54. The work has now been completed and the Final Change Order is a decrease change order in the amount of $112,707.51, which adjusts the contract quantities to actual quantities used and final contract cost of $956,154.03. FUNDS AVAILABLE: 316001-41132-546200-42003-Transportation Trust/Local Option PREVIOUS ACTION: Contract awarded on 4/03/04 in the amount of $991,261.54. Change Order #1 was approved on 6/07/05 increasing the contract amount to $1,068,861.54. RECOMMENDATION: Staff recommends final acceptance, approval of Final Change Order #2, which will decrease the contract amount by $112,707.51 to a final contract amount of $956,154.03, authorize the Chairman to sign the Change Order, release of retainage, and make final payment of $95,615.40 for the 2004-05 Annual Resurfacing Contract with Ranger Construction Industries, Inc. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER [x] County Attorney: [x] Mgt. & Budget: [x] Public Works Dir.: CONCURRENCE: Douglas Anderson County Administrator [ ] Asst. Co. Adm: [ ] Prop. Acq. Man.: [x] Finance Director: [ ] Project Manager: [ ] Other: 2004/05 Resurfacing Contract.doc CHANGE ORDER ST. LUCIE COUNTY PROJECT: (name, address) ST. LUCIE COUNTY ANNUAL RESURFACING 2004 - 2005 CHANGE ORDER NUMBER: #2 INITIATION DATE: 2-07-2006 TO (Contractor): CONSULTANTS PROJECT NO.: - - - RANGER CONSTRUCTION INDUSTRIES, INC. 4510 GLADES CUT-OFF ROAD ST. LUCIE COUNTY FT. PIERCE, FL 34979 CONTRACT NO: C04-04-164 CONTRACT DATE: APRIL 13, 2004 You are directed to make the following changes intW,,s Contract: (Additional sheet attached as Exhibit A — Yes No) Final Acceptance and approval of Final Change Order for closing contract and changing quantities. The original (Contract Sum) was .......................... Net change by previous authorized Change orders ..................................... The (Contract Sum) JGuma teed Wim�mefTf€ oxAyprior to this Change Order was ....... The (Contract Sum) be oncm aaed� (decreased or changed) by this Change Order ....................................................... The new (Contract Sum) (Guat'-arxtesc# � including this Change Order will be The Contract Time will be fWm *tee (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: Funds Available: Account Number 316001-41132-546200-42003 $ 991,261.54 $ 77,600.00 $1,068,861.54 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall co - [I the al�►J and/or time adjustment due or owed the Contractor for the work or changes defined in this a d� executing this Change Order, the Contractor acknowledges and agrees that the stipulatedir time adjustments include the costs and delays for all work contained in the Change Order, including costs and days associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effe n all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accor nd satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and ti of performance caused directly and indirectly from the Change Order, subject to the current scope of theentire w as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the Count and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will 've all rights t0 file a claim on this Change Order after it is properly eyecuted. All work rerfor►red under this Change Order shall be performed in accordance with the contract specifications. Recommended: Architect/Engineer Address By Agreed To: RANGER CONSTRUCTION INDUSTRIES, INC. Contractor Date pims By Date Approved: ST. LUCIE COUNTY ROAD & BRIDGE DIVISION St. Lucie County Department 00 VIRGINIA AVENUE, FT. PIERCE . EL 34932 Addtes L 3 24 06 My Date �- Authorized: St. Lucie Cou y 2300 ergi a Ave., Ft. Pierce, F,8/42 By /bqie Approved as Jo o) ec ess - Countygtto ey PINK - PURCHASING LDENROD - FINANCE WHITE - VENDOR CANARY -DEPARTMENT AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C — 3D DATE: May 2, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESE TED BY: icha I V. Powley, E. County Engineer 9. SUBJECT: Approve Change Order No. 3 to Contract #C05-05-372 in the amount of $201,826.53 for the Water Main Extension SR 5 (US-1) Project, Easy St. North to Ulrich Rd. Additionally, approve Resolution No. 06-136 amending the budget. Construction of the project has been completed. Change Order No. 3 is for the additional work and soil exchange quantities for the replacement and compaction of soils between Stations 367+60 and 387+60. BACKGROUND: This project consists of the installation of approximately three thousand seven hundred linear feet of 12-inch diameter water main within the US-1 corridor. The installation of the water main will provide bulk water utilities to Indian River Estates. See attached Memorandum No. 06-102 for additional information. FUNDS AVAILABLE: Funds will be made available in the amount of $202,000.00 in Fund No. 39007-4115-534000-3804, Indian River Estates MSBU Engineering — Public Works from the MSBU Term Note with Bank of America. PREVIOUS ACTION: On May 24, 2005, the Board approved the award of the contract to Ditchdiggers, Inc. in the amount of $301,056.55. On December 13, 2005, the Board approved Change Order No. 1, Agenda Item No. C-91F in the amount of $21,007.63 for adjustments to directional bore quantities. On January 10, 2006, the Board approved Change Order No. 2, Agenda Item No. C-6E in the amount of $39,570.00 for replacement and compaction of soils between Stations 387+60 and 399+60. RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign Change Order No. 3 in the amount of $201,826.53 for a total contract price of $563,460.71 to the contractor, Ditchdiggers, Inc. for the Water Main Extension SR 5 (US-1) Project, Easy St. North to Ulrich Rd. Additionally, staff recommends the Board approve and authorize the Chairman to sign the attached resolution, Resolution No. 06-136, amending the budget. X COMMISSION ACTION: Approved 5-0 APPROVED [ J DENIED [ J OTHER [l County x Attorney V [x] Mgt. & Budget �r [x] Project. Manager [x] Executive Asst. [x] Road & Bridge [xi MSBu Coord. County Administrator [x] Originating Dept. Public Works [x] Purchasing Dept [x] (Check for copy only, if applicable DIVISION OF ENGINEERING MEMORANDUM 06-120 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Executive Assistant t n FROM: Craig A. Hauschild, P.E. -Assistant County Engineer V t Date: April 26, 2006 Subject: Water Main Extension SR 5 (US-1) Project Easy St. North to Ulrich Rd Contract # C05-05-372 This pro ject's objective was the installation of a 12 diameter water main along US-1 to supply bulk potable water to the Indian River Estates MSBU. Change Order No. 3, in the amount of $201,826.53, is for the replacement and compaction of soils, between Stations 367+60 and 387+60, necessary to complete the project. This change order represents the additional time and material cost expended by the contractor for work that was completed between Station 387+60 and 399+60. It includes both the soil replacement quantities that were provided, and the additional work that was performed by the contractor to obtain the required backfill compaction above the water main. The change order has been reviewed and recommended for payment by our design - engineering consultant. Funds will be made available in the amount of $202,000.00 in Fund No. 39007-4115- 534000-3804, Indian River Estates MSBU Engineering - Public Works from the MSBU Term Note with Bank of America. attachments: cc w/ottachments: Change Order No. 3 Culpepper & Terpening, Inc. Letter Dated April 3, 2006 Ditchdiggers, Inc. Letter Dated April 19, 2006 Don West, P.E. - Public Works Director Kyle Croce, P.E. - Senior Projects Engineer Barbara Guettler - MSBU Assistant CHANGE ORDER ST. LUCIE COUNTY PROJECT: Water Main Extension State Rd. 5 (U.S. #1) (name, address) (Easy St. to Ulrich Rd.) TO (Contractor): Ditchdiggers 2108 Orange Ave. Ft. Pierce, FL 34950 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) SEE ATTACHED EXHIBIT "A" CHANGE ORDER NUMBER: 3 INITIATION DATE: 4/25/06 CONSULTANT'S PROJECT NO.: N/A ST. LUCIE COUNTY CONTRACT NO: C05-05-372 CONTRACT DATE: 5/24/05 The original (Contract Sum) was................................................................................ Net change by previous authorized Change orders .................................................... The (Contract Sum) prior to this Change Order was ................................................... The (Contract Sum) will be increased bythis Change Order.................................................................................................. The new (Contract Sum) including this Change Order will be ..................................... The Contract Time will be unchanged by.................................................................... The Date of Substantial Completion as of the date of this Change Order therefore is Funds Available: Account Number 39007-4115-534000-3804 ............................................ $301,056.55 ............................................... $60,577.63 ............................................. $361,634.18 ............................................. $201,826.53 ............................................ $563,460.71 ...............................................( -0-) Days The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie County, Engineering Division Architect/Engineer 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 4/25/06 By: Kyle Croce, P.E., Proj. Mgr. Date Agreed To: Ditchdiggers Contractor 2108 Orange Ave.. Ft. Pierce, FL 34950 Address By: Date Approved: Public Works Department St. Lucie County Department 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 4/25/06 By: Donald B. West, P.E. P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney In U CDC N d � C N M, 0 a L V 0 O m l� N rn 0 M N a7 0 N ER M N co 0 M U) N 00 0 N m 0 �013D 13:41 FAX 772 467 4967 CULPEPPER 6 TERPENING 0002/003 1Te"TTERPENING, CULPEPPER & Consulting Engineers • Land Surveyors INC. 298o South 25th Street • Ft. Pierce, FL 34981 (772) 464.3537 • Fax (772) 464-9497 www.ct-eng.00m April 3, 2006 Kyle Croce, P.E. Senior Project Engineer Engineering Department St. Lucie County 2300 Virginia Ave. Ft. Pierce, Fl. 34982 RE: US 1 Extension Dear Mr. Croce, Job No. 98-37.2 Pursuant to recent communication regarding our letter of March 24, 2006 for the additional work associated for the above referenced project, please allow this letter to serve as a revision to that letter of March 24, 2006. In our March 24, 2006 letter it was our belief that there an existing Change Order had been approved pursuant to our collective meeting at year ending 2005. A recommendation was for the contractor to be compensated for an additional $120,660.56 it was with the express understanding that the existing $80,665.97 had previously been approved by the County System. Base on our current understanding where as a Change Order was not processed through the County, please accept this letter as a modification to the previous delineated letter. Our recommendation with the supporting back up as previously submitted for the above referenced work is $201,826.53 or an increase from our March 24, letter of 80665.97. The basis for our recommendation remains consistent with previous documents and back up transmitted to St. Lucie County Engineering. I trust the above is as required for processing for assistance in closing out this project. And should additional information become necessary, please feel free to contact our firm. vices cc: Stef Matthes, P.E., Vice President Scott Holmes, Ditchdiggers MEB/eo - KC. DNWldjUw ampotla 144 e1. J-V-M - - Michael Powley St Lucie County Public Works Engineering Department 2300 Virginia Ave Ft. Pierce, FI 34950 Re: Final Payment Demand Water Main Extension State Road 5 St. Lucie County Project No. 05-20 Dear Mr. Powley, [APR 2 1 M ENGINEERING April 19, 2006 Transmitted via E-mail and Hand Delivery Since our meeting in your conference room on April 13, 2006, we have received no other correspondence relating to acquisition of our final payment associated with retainage held and the soil exchange change order for the aforementioned project. Currently, we are in receipt of the following relating to project completion: 1. An executed change order dated 12/22/05 by Michael Powley initiating the work and unit cost pricing associated with the soil exchange change activities. 2. A final completion certification letter signed by Marvin Bethune of Culpepper & Terpening verifying the certification of the completed project. This completion letter requires the release of $236,273.92 which is comprised of $34,447.39 in retained funds as well as payment of $201,826.53 for the soil exchange change order. 3. A final payment certification letter for the soil exchange change order signed by Marvin Bethune of Culpepper & Terpening verifying and recommending final payment of the authorized change order in the amount of $201,826.53. 4. A second letter clarifying the first change order certification letter signed by Marvin Bethune of Culpepper and Terpening reiterating the certification to pay the completed change order in the amount of $201,826.53. Per our meeting on April 13, 2006, your request to compromise liquidated damages as they relate to the amounts currently owed our firm was denied. This denial is based on the results of our. meeting on November 14, 2005 and a subsequent e-mail received, where -in county attorney, Daniel McIntyre, negated any issue of liquidated damages by providing a time extension to the contract. It is our position that Ditchdiggers completed the requested tasks, at the agreed upon unit cost, in less time than granted by the change order and agreed with the certification results provided by St Lucie County's engineer of record. At this time, this letter is to serve as demand for final payment of the amounts due Ditchdiggers. If a resolution is not presented and agreed upon as to the $236,273.92 owed to Ditchdiggers by 4:30p.m., Monday, April 24, 2006, Ditchdiggers will have no option but to pursue formal relief under the contract. Furthermore, until all sums due Ditchdiggers, Inc are received, we will be unable and unwilling to release the water main for service to FPUA or any intended customers. rPAvAeryursoaccordingly, Scott Holmes Ditchdiggers, Inc. Cc Doug Anderson / County Administrator Dan McIntyre / County Attorney Raymond Wazny / Acting Utility Director Marvin Bethune/ Culpepper & Terpening Steph Mathis / Culpepper and Terpening Dave Mellert / FPUA Bill Thiess / FPUA Rob Schwerer, Esq RESOLUTION NO. 06-136 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a loan advance from the County's MSBU Term Note with Bank of America in the amount of $202,000 for the Indian River Estates Municipal Service Benefit Unit project. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 2nd day of May, 2006, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2005-2006, and the County's budget is hereby amended as follows: Revenue 37004-4115-384200-3804 Proceeds from Loan $202,000 Appropriations 37004-4115-534000-3804 Other Contractual Services $202,000 After motion and second the vote on this resolution was as follows: Commissioner Doug Coward, Chairperson XXX Commissioner Chris Craft, Vice Chairperson XXX Commissioner Joseph E. Smith XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED THIS 2ND DAY OF MAY, 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. C — 3E DATE: May 2, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRE S NTED BY: - n Mickel V. Pow y, P.E. County Engine r SUBJECT: Approve Changer Order No. 4 in the amount of $84,371.95 to Contract CO3-08-480 to install an equalizer pipe to correct a design oversight on the South Jenkins Road Extension project. Our consultant engineer of design, LBFH, Inc. has agreed to absorb all engineering and partial construction redesign costs associated with the oversight. BACKGROUND: Attached please find Memorandum 06-131 for additional information. All work will be coordinated and inspected by American Consulting Engineers. FUNDS AVAILABLE: Funds will be made available in Fund No. 101006-4116-563000-41002 I►npac+ Fees / Public Works — Engineering PREVIOUS ACTION: On August 1, 2003, the Board approved award of the contract to Ranger Construction Industries, Inc. in the amount of $1,583,245.83. On December 9, 2003, the Board approved Change Order No. 1 in the amount of $64,729.09 to install a silt fence adjacent to the perimeter and correct design oversights of the South Jenkins Road Extension project. On April 6, 2004, the Board approved Change Order No. 2 in the amount of $18,744.02 for modifications to the South Jenkins Road Extension project. On November 15, 2004, the Board Approved Change Order No. 3 in the amount of $50,024.72 for modifications to the South Jenkins Road Extension project. In order to increase safety awareness to the traveling public and carry out several construction activities some design modifications and additions were made to the plans. In addition to Change Order No. 3, staff requests of the Board, a reduction in the retainage of 5 percent from $166,358.95 to $83,179.47 assisting the contractor in compensating their subcontractors and finalize the project. Due to Hurricane Frances and Hurricane Jeanne, the finalization of this project has been delayed. Construction of the project has been completed. On July 26, 2005, the Board approved a reduction in the retainage from 5 percent ($83,179.47) to 1 percent ($16,635.90). Additional services of the Contractor will be necessary to finalize the project. RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign Change Order No. 4 in the amount of $84,371.95 for a total contract price of $1,801,115.61 to Ranger Construction Industries, Inc. to install an equalizer pipe and correct a design oversight on the South Jenkins Road Extension project. A COMMISSION ACTION: APPROVED[ ] DENIED Approved 5-0 OTHER DoAla Anderson Countl Administrator [x] County Attorney [x] Mgt. & Budget 0, [x] Originating Dept. Public Works [x] Project. Manager [x] Executive Asst. F� R,4 [x] Purchasing Dept [x] Road & Bridge [x] ERD La i� [x] (Check for copy only, if applicable) DIVISION OF ENGINEERING MEMORANDUM 06-131 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Department Revenue Coordinator FROM: Craig Hauschild, P.E. - Capital Projects Engineer Date: April 26, 2006 Subject: Change Order No. 4 South Jenkins Road Extension Project, Contract CO3-08-480 SLC Project No. 03-14 On July 23, 2003, bids were opened for the South Jenkins Road Extension project. Six hundred and thirty companies were notified, twenty-seven sets of bid documents were distributed, and six bids were received. The low bidder was Ranger Construction Industries, Inc., in the amount of $1,583,245.83. This project will construct the entrance to the Wal-Mart Distribution Center. Work will be completed concurrently with the Midway Road and Glades Cut-off Road Utilities Extension. All work will be coordinated and inspected by American Consulting Engineers. Change Order No. 4 in the amount of $84,371.95 is for the installation of an equalizer pipe for the project. Our Consultant engineer of design, LBFH, Inc. has agreed to absorb all engineering and partial construction redesign costs associated with the design oversight. Funds will be made available in Account Number 101006-4116-563000-41002 County Capital / Public Works - Engineering from loan proceeds. cc: Don West, P.E. - Public Works Director CHANGE ORDER ST. LUCIE COUNTY PROJECT: S. Jenkins Rd. Extension (name, address) TO (Contractor): Ranger Construction Industries, Inc. P O Box 14589 Ft. Pierce, FL 34982-5652 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) SEE ATTACHED EXHIBIT "A" CHANGE ORDER NUMBER: 4 INITIATION DATE: 4/19/06 CONSULTANT'S PROJECT NO.: NIA ST. LUCIE COUNTY CONTRACT NO: CO3-07-480 CONTRACT DATE: 8/1/03 Theoriginal (Contract Sum) was........................................................................................................................... $1,583.245.83 Net change by previous authorized Change orders......................................................................................... $133,497.83 The (Contract Sum) prior to this Change Order was............................................................................................. $1,716,743.66 The (Contract Sum) will be increased bythis Change Order................................................................................................................................................. $84,371.95 The new (Contract Sum) including this Change Order will be.............................................................................. $1,801,115.61 The Contract Time will be increased by.....................................................................................................................(663) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 6/30/06 Funds Available: Account Number 101006-4116-563000-41002 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/ortime adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Si. Lucie Countv EnrinPPring Division Architect/Engineer 2300 Vir inia Ave. Ft. Pierce. FL 34982 Address` / _100�r 4/19/06 By: Craig Hauschi1d, P.E., Ass't. Co. Engr. Date Agreed To: Ranaer Construction Industries, Inc Contr or P r x 14 8 PieQ FL 34979-4589 d 412u o(,, By: Date Approved: Public Works Department St. Lucie County Department 2300 Vir-ginia Ave., Ft. Pierce, FL 34982 Address 4/19/06 By: Donald B. West, P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney �o a Q O N O;oloo o'Olo!o 01010,0:010 o vlo v1 v11 r INIO 0 olo'r, o o,o!v r+ is &,- O & ! 7 �, 'IO�O:OviI OO�O IO�I�nlry D\ C v1l O.I^ OIv1;OIR T . ,O,C�, ool v�lo0,— M N �IOI�O10 O r'O,oO r Vi.b9;,�1�y Ib969�b91 I Id9!49; 69 f/9� rb9169 — 4y pp ' I I I I loioio o'oio v�'v�:o'v�!v-, Y,io �niv, oio!o,�n ! O'O10 O •O v1001 v1 OIO O N�O�— vy I N M R NIN NAP �Mh �n IN NMIOO ! 10 Ov�, pcoi p 11+1 N �n �nlr o1,-1 I IV'I Io OI �° v�, c 1 I I I elf hoq io,):604 'o,I-;fio�! e IIIiI�I �I I O10'CD i� O i I I I i I � MI —ININ pI W, Y I ( µ I I I I I I 1 I I ! I I I ! I I ! ^y I oc 51 tj D > l Ala gi . cl I ego f yIN cnl Vl l� NIN �I'L_' I v1 0 v,l xlUlwl C11QIwiia! UI yi opl.Si ep olol mu. .cam fn C .. ylwl 41I.0 0.1 NICI N EI i X;!X O�X'O� �•--�N C!�IO OI r'1!r IY N r o0I00 I- N N N,—IO INI M!M v1 r r I I I I vIv I I III �I Il�lili! I ! L Q a o M 69 — N AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT ITEM NO.—(z"-) 1P DATE: May 2, 2006 REGULAR[ ] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: Michael V. Powley County Engineer SUBJECT: South 261h Street Area Improvements Approval of Work Authorization No. 12 to the Agreement for Continuing Geotechnical Services with Ardaman and Associates, in the amount of $16,210.00 for soil exploration. BACKGROUND: See attached memorandum FUNDS AVAIL. Account No. 001404-6420-531000-600 - Professional Services PREVIOUS ACTION: July 12, 2005 - Board accepted the agreement for grant funding from the Florida Department of Community Affairs Disaster Recovery Initiative to fund drainage and sewage infrastructure installation for the 26th Street Project. RECOMMENDATION: Staff recommends approval of Work Authorization No. 12 to the Agreement for Continuing Geotechnical Services with Ardaman and Associates, in the amount of $16,210.00 for soil exploration. COMMISSION ACTION: DQ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney , 1 [x]Public Works Dir []Finance /�Zouglas M. Anderson County Administrator Coordination/Signatures [X]Mgt. & Budget ]Purchasing [. ]Community Services [x]MSBUCoor TP COMMISSION REVIEW: May 2, 2006 ENGINEERING MEMORANDUM NO. 06-009 TO: Board of County Commissioners FROM: Michael V. Powley, County Engineer mV� DATE: April 24, 2006 SUBJECT: South 26th Street Area Improvements BACKGROUND The South 26th Area Improvements project consists of drainage and sewer improvements to certain properties fronting on 26th, 27th 281h, 29th, and 301h Streets between Yergin Avenue and North Cortez Boulevard. The project lies within the unincorporated area of the county and within the city limits of Fort Pierce. July 12, 2005 - Board accepted the agreement for grant funding from the Florida Department of Community Affairs Disaster Recovery Initiative to fund drainage and sewage infrastructure installation for the S. 26th Street Area Improvement Project. Staff is now prepared to authorize Ardaman and Associates, Inc., through the subject Work Authorization, to proceed with soil exploration services on the 5. 26th Street Area Improvements project. RECOMMENDATION Staff recommends approval of Work Authorization No.12 to the Agreement for Continuing Geotechnical Services with Ardaman and Associates, in the amount of $16,210.00 for soil exploration. Attachment (Work Authorization) cc: Staff Concurring G:\ENG\M5BU\W0RD\M5BU Projects\5.26TH 5T\Agenda\AGA-Ardaman Geo.doc WORK AUTHORIZATION NO. 12 CO3-10-687 W.A. #12 PROJ: 38008 S. 26TH ST. AREA IMPROVEMENTS - SOIL TESTING Pursuant to that certain Agreement between County and Engineer for Professional Services for Continuing Soil Testing Services, (the "Agreement" (Contract No. CO3-10- 686) between St. Lucie County (the "County") and Ardaman & Associates, Inc., (the "Engineer") dated October 14, 2003, the Engineer agrees to perform and successfully complete the scope of work as set forth in the Engineer's Agreement and more particularly described in the attached Exhibit "A", the County agrees to compensate the Engineer the amount not to exceed Sixteen Thousand Two Hundred Ten ($16,210.00) dollars. All work under this Work Authorization No. 12 shall be completed on or before December 31, 2006 (or refer to schedule Exhibit "A", if appropriate). IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. WITNESS: WITNESS: ST. LUCIE COUNTY, FLORIDA CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DATE: ARDAMAN & ASSOCIATES, INC. BY: Dan Zr 11ack, P.E. Br nch Ma ager (Type ame/position) DATE: io 0 Exhibit "A" DATE: April 4, 2006 WORK AUTHORIZATION: No. 12 PROJECT: S. 26`h St. Area Improvements FIRM: Ardaman & Associates, Inc. TIME OF PERFORMANCE: On or before December 31, 2006. SCOPE OF WORK: Perform soil testing services on the S. 261h St. Area Improvements project on an as needed basis. 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 ITEM NO. C — 3G DATE: May 2, 2006 REGULAR [) PUBLIC HEARING ( ) CONSENT [XI PRES NTED BY: Mic el Powley E. County Enginee SUBJECT: Request for a Public Hearing for the Guettler Borrow Pit Mining Permit Application. BACKGROUND: The proposed Guettler Borrow Pit Mine is located in western St. Lucie County directly south of State Road 70. There has not been any previous mining activity on this site. FUNDS AVAIL.: N/A. PREVIOUS ACTION: N/A. RECOMMENDATION- Staff recommends Board approval for a public hearing to be held on June 6, 2006 at 6:00 P.M. or soon thereafter to consider the request of the Guettler Borrow Pit Mining Permit Application. COMMISSION ACTION: �I APPROVED [ ) DENIED OTHER: Approved 4-0 Comm. Hutchinson abstained from vote. [x]County Attorney [x]Originating Dept. Public Works AM DodgjO Anderson Cou ty Administrator Coordination/Signatures [ ]Mgt. & Budget [x]Com. Dev. [x]Env. Res. Dep. k [ ]Budget/Revenue Coord. DIVISION OF ENGINEERING MEMORANDUM 06-130 TO: Michael Powley, P.E. — County Engineer FROM: Michael Harvey, E.I. — Engineer Intern (`X 'r\- DATE: April26, 2006 SUBJECT: Guettler Borrow Pit Mine The proposed mine is located directly south of State Road 70 in western St. Lucie County. The mining plan proposes two pits totaling twenty-three (23) acres. There has not been any previous mining activity done on the site. The stated purpose is to mine sand for the State Road 70 widening project. I cc NOT A MAVEN` 4— JC V.- L Nofth- D IN s t Z6 c w L < ----------- zm al oz :9T- < dc z oz IXIIVIA)E:N27'211.148' LONG11UMM,090137.174' ww ST. LUCIE COUNTY SEC. Twp. R. WIN 308 N( m z FLORIDA 10, U, 365 I 37E 06-002 Kg < GuETTL.ER BORROW PIT ENVIRONMENTAL SITE REVIEW VICINITYINIAP NOT TO SCALE L t . ... .... .. 270 21.148' - it. 800 37.174'/-\ l-it- 74- - Li ---------- Ylo.t ff A--- --- ------- rl W4, ij oss ------------ K- --'r -------- ------ ---------- -- Popp— ..� - - ------- -- J ---- ------- ----- --- - ----------- -A -- ----------- SOURCE: DFLOFLNIESrREI-.I'ATI-ASI.'SA.Df'.I,li',�E. sl IT SIZE- im"so ACRES DRAWING NAME: DATE: 01 - V10N11-Y.DWG 12 JANUARY 2006 1 01" 7 R. L. WEIGT ENVIRONMENTAL CONSULTANTS, INC. 8985 S.E. BRIDGE ROAD, SUITE A, HORE SOUND. FL 33455 PHONF:(772)546-0255 FAX:(772)546-2316 E-N1A1Lr1%%1(qadcJphia.net in AGENDA REQUEST 7c6UNTY E L O R I D A TO: BOARD OF COUNTY COMMISSIONERS ITEM: # C-4A DATE: 5/2/06 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: Wayne Teegardin Risk Manager SUBMITTED BY (DEPT): Human Resources/Risk Management SUBJECT: BACKGROUND: Catastrophic Inmate Medical Insurance Renewal A catastrophic inmate medical insurance policy has been effect since 5-1-03. The policy protects the county from extremely large insurance claims involving incarcerated inmates housed in the St Lucie County Jail. Claims such as kidney disease, heart ailments, severe trauma, etc., requiring long term or in -patient hospital care can be very costly and the insurance helps shield the county from catastrophic claims. GENERAL NOTES: The claims filed under Catastrophic Inmate Medical Insurance are separate from the contract with Prison Health Services for routine Inmate Medical Care. FUNDS AVAIL: 001-2300-531300-200 Inmate Medical PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for HR/Risk Management to purchase the proposed Catastrophic Inmate Medical Insurance Policy in the amount of $75,149 as a means to reduce and control Inmate medical costs. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept. )d Finance: (Check for Copy only, if applicable)_ Review and Approvals Management & Budget: Other: CUR Douglas M. Anderson County Administrator Purchasing: Other: 0 BOARD OF COUNTY COMMISSIONERS TO: BOARD OF COUNTY COMMISSIONERS FROM: WAYNE TEEGARDIN, RISK MANA141+ DATE: 4/27/06 RISK MANAGEMENT WAYNE TEEGARDIN RISK MANAGER SUBJECT: CATASTROPHIC INMATE MEDICAL INSURANCE RENEWAL Background: See agenda request. Consider staff recommends approval for HR/Risk Management to purchase the proposed Catastrophic Inmate Medical Insurance Policy in the amount of $75,149 as a means to reduce and control Inmate medical costs. Recommendation: Staff recommends approval of Inmate Medical Insurance Policy. JOSEPH E. SMITH, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No. 3 FRANNIE HUTCHINSON, District No. 4 CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 - Phone (772)-462-1783 FAX (772) 462-2361 - email: teegardw@co.st-lucie.fl.us website: www.co.st-lucie.fl.us CATASTROPHIC INMATE MEDICAL INSURANCE QUOTE Name of Insured: St. Lucie County HRH / Hunt Insurance Group, Inc. Date of Quote: 04/27/06 3606 Maclay Boulevard South Insurance Carrier: Lexington Insurance Company Tallahassee, FL 32312 Inmate Count: 1359 Inmates (850). 385-3636 • (850) 385-2124 Coverage: • Off -Site Inpatient Hospital Services and Outpatient Surgical and attending Physician Services. The maximum eligible allowable shall be limited to the lesser of the amount paid, or up to an "Average Daily Maximum" (ADM) per admission of $8,000 ADM for the first three days and $4,000 ADM thereafter. E-r COVERAGE BASIS l' Plan 1, Plan 2 Plan 3 Aggregate limit of coverage per policy: $7 $750,000 $750,000 Limit of coverage per Inmate: $250,000 $250,000 $250,000 Specific deductible per Inmate: $75,000 $80,000 $86,000 Current inmate population: 1,359 1,359 1,359 Rate per inmate, per day- $0.150 $0.140 $0.120 Subtotal $74,405 $69,445 $59,524 $ Terrorism Coverage 744 $694 $595 Total Estimated Annual Premium* $75,1' 9 $70,139 $60,119 Exclusions or Limitations: (For a complete list refer to policy) Al charges in connection with security or guarding any inmate for any reason Al charges in connection with treatment within 72 hours of the effective date Charges which are incurred after the inmate has been released from custody • Al charges forwhich government authorities are not legally obligated to pay • All charges in connection with treatment in mental or nervous disorders Al• charges in connection with treatment of substance abuse • Charges paid outside the terms of the Policy • Charges which are not inpatient medical Exclusions or Limitations: (BUYBACK COVERAGE OPTIONS BELOW) Al charges incurred as a result of AIDS/HIV illnesses • Al charges in connection with pregnancy EXCLUSIONS BUY BACK COVERAGE: Plan 1 Plan 2 Plan 3 Aids/HIV $14,881 $131889 $11,905 Pregnancy $7,441 $6,944 $5,952 ASSUMPTIONS AND CONDITIONS: • This quote is an estimate based on data provided and subject to a completed application • Eligible claims are those occurring in 12 months and paid in 18 months • This quotation contains general information and is not a contract or binder of insurance • The Company reserves the right to audit the inmate count • Large claim updates may be required n -,��J �/ • Quotes are valid for 30 days (I _ 0 �/ AFT 2 %�20 RISK MANAGEMENT AGENDA REQUEST COUNTY F LORI DA-411111 ITEM: # C-413 DATE: 5/2/06 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin SUBMITTED BY (DEPT): Human Resources/Risk Management Risk Manager SUBJECT: Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices. BACKGROUND: Medical care for incarcerated jail inmates provided off -site (outside the jail) are paid under contract by Prison Health Services (PHS) and reimbursed by the County according to contract including psychotropic drugs. GENERAL NOTES: Our contract with PHS requires that the aggregate cap invoices be reimbursed per fiscal year quarter., Total cost for off -site medical care for the period 10-1-05 to 12-31-05 is $110,856.46; under the current funding formula of the PHS contract the County is responsible for $42,975.21 of the cost. Also for the same time period total cost of psychotropic drugs supplied under contract was $36,763.86 of which the County is responsible for $23,513.86. FUNDS AVAIL: 001-2300-,531 300-200 Fine & Forfeiture Reserve Inmate Medical PREVIOUS ACTION: RECOMMENDATION COMMISSION ACTION: N/A Staff recommends payment of PHS invoices in the amount of $66,489.07 per contract agreement. APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept. Finance: (Check for Copy only, if applicable)_ Review and Approvals Management & Budget: Other: CONCURRE Douglas M. Anderson County Administrator Purchasing: Other: r i BOARD OF COUNTY COMMISSIONERS TO: BOARD OF COUNTY COMMISSIONERS FROM: WAYNE TEEGARDIN, RISK MANA j DATE: 4/27/06 RISK MANAGEMENT WAYNE TEEGARDIN RISK MANAGER SUBJECT: PRISON HEALTH SERVICES INMATE HEALTH AGGREGATE CAP & PSCHOTROPIC DRUG INVOICES Background: See agenda request. Consider staff recommendation to approve the payment of PHS invoices in the amount of $66,489.07 per contract agreement. Recommendation: Staff recommends approval of payment. JOSEPH E. SMITH, District No. 1 DOUG COWARD, District No. 2 PAULA A. LEWIS, District No 3 FRANNIE HUTCHINSON, District No. 4 CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 - Phone (772)-462-1783 FAX (772) 462-2361 - emailteegardweco.st-Iucie.fl us website: www.co.st-lucre fl.us a r+ PRISON HEALTH SERVICES, INC. Suite 300 105 Westpark Drive Brentwood, TN 37027 (615) 376-1300 (800) 729-0069 fax (615) 367-9862 www.prisonhealth. cam St. Lucie County Sheriff's Office C/O Alliance Medical Management 5025 Lake in the Woods Blvd Lakeland, FL 33813 Attn: Phil Hoelscher Description Contract Year Amount Aggregate Cap 1st Quarter Calculation of Utilization and HIV Meds Remit Payment To: 10/1/05-9/30/06 $42,975.21 Total Amount Due: $42,975.21 Prison Health Services, Inc. 12464 Collection Center Drive Chicago, IL 60693 If you have any questions please contact Sheila Robertson at (800) 729-0069 ext. 338 u St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2005 through September 30, 2006 Utilization and HIV Meds FIRS r QUARTER.2006 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 271,561.00 Annual Aggregate Total: $ 271,561.00 0% reimbursement of difference to the county if below $ - 50/50 share between $ _ 100% bill back over $ 271,561.00 Summary of Aggregate Calc through 12/31/05: (1) Paid/Adjudicated Utilization: (2) IBNR (Open Events) (3) Pharmacy - HIV/Protease Inhibitors: (A.) Total Paid through 12/31105: Aggregate Limit (PHS responsibility) pro -rated 3 months: 50150 exp.share (PHS responsibility) pro -rated 3 months: (B.) Total PHS responsibility as of 12/31105: (C) Amount in excess of PHS responsibility due from St. Lucie County: (A-B) -OR- (C) Amount less than PHS responsibility due to St. Lucie County: (B-A x 0%) $ 575.42 $ 110,290.04 $ 110,865.46 $ $ 67,890.25 $ 67,890.25 $ 42, 975.21 $ PRISON HEALTH SERVICES, INC. Suite 300 105 Westpark Drive Brentwood, TN 37027 (615) 376-1300 (800) 729-0069 fax (615) 367-9862 wwu,%prisonhealth.com. St. Lucie County Sheriffs Office C/O Alliance Medical Management 5025 Lake in the Woods Blvd Lakeland, FL 33813 Attn: Phil Hoelscher Description Contract Year Amount Aggregate Cap 1st Quarter Calculation of Psychotropics Remit Payment To: 10/1/05-9/30/06 $23,513.86 Total Amount Due: $23,513.86 Prison Health Services, Inc. 12464 Collection Center Drive Chicago, IL 60693 If you have any questions please contact Sheila Robertson at (800) 729-0069 ext. 338 St. Lucie County, FL Aggregate Report for Contract Year: October 1, 2005 through September 30, 2006 Psychotropics FIRST QUARTER 2006 Aggregate Terms per Contract (backup attached): Annual Aggregate Limit: $ 53,000.00 Annual Aggregate Total: $ 53,000.00 0% reimbursement of difference to the county if below $ 50/50 share between $ 100% bill back over $ 53,000.00 Summary of Aggregate Calc through 12/31/05: (1) Paid/Adjudicated Utilization: (2) IBNR (Open Events) (3) Pharmacy - HIV/Protease Inhibitors: (A.) Total Paid through 12/31/05: Aggregate Limit (PHS responsibility) pro -rated 3 months: 50150 exp.share (PHS responsibility) pro -rated 3 months: (B.) Total PHS responsibility as of 12/31/05: (C) Amount in excess of PHS responsibility due from St. Lucie County: (A-B) -OR- (C) Amount less than PHS responsibility due to St. Lucie County: (B-A x 0%) S _ $ 36,763.86 $ 36,763.86 $ 13,250.00 $ 13,250.00 $ 23,513.86 MEMORANDUM DATE: March 17, 2006 TO: Wayne Teegarden, Risk Manager FROM: Toby Long, Director of Finance & Technology SUBJECT: Inmate Health Aggregate Cap. CC: Garry Wilson, Chief Deputy Doug Anderson, County Administrator MCG=Mi11WR iJ MAR 21 2006 RISK MANAGEMENT ST. LUCIE COUNTY, FLOR`IDA Attached are the aggregate cap invoices for the first quarter of the fiscal year. As you will remember the agreement with PHS was that the cap would be reconciled on a quarterly basis. The good news is that the amounts due are considerably less than they have been in the past. PYSCH. MEDS ; OCT, Total 16,216.93 NOV. Total 18,168.07 DEC. !Total 22,279.28 JAN.Total FEB. Total MAR. Total APR. Total MAY -- ITotal - - - JUNE TTotal JULY 'Total AUG. 1 Total SEPT. Total I CURRENT RUNNING TOTAL 56,664 28 f I - - I I MONTHLY TRADITIONAL NON-TRADITIONAL PSYCH DRUG EXPENSES Oct. 2005 to Sept. 2006 CREDITS TOTAL OCT. ;Total (3,908.37) NOV. Total (8,565 76) DEC Total (7,426 29) ' JAN. Total FEB. Total MAR. ITotal APR. Total MAY Total JUNE 'Total DULY Total AUG. Total SEPT. Total - - ' CURRENT RUNNING TOTAL (19,900 42) 'rr 36,763.86 r :a S I }: l pgy,m.: I i AGENDA REQUEST ITEM NO. L' 5 DATE: May 2, 2006 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM SUBMITTED BY (DEPT): CENTRAL SERVICES ASSISTANT DIRECTOR SUBJECT: Asa result of damage from Hurricane Frances, FY 05-06 IFF Funds in the amount of $150,000.00 were budgeted for removal of the EIFS System at the Woman's Dorm (B-4) and Medical/Rock Road Jail. However, funding from Building Maintenance/Hurricane Frances Repairs has been made available for this project and staff is requesting approval to reallocate these funds in the amount of $150,000.00 for the following projects at Rock Road Jail and approve Equipment Request # CSEQ06-266: • Re -roof Pod A-1 Bldg. ($50,000.00) • Purchase metal storage building for Jail Maintenance staff ($20,000.00) • Establishment of transport yard for inmate transportation to courthouse ($80,000.00) BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1931-546200-1527 (Maintenance Improvement Projects) PREVIOUS ACTION: On 12/20/2005, Item No. 4G, the Board approved entering into contract with Sunrise Systems of Brevard for removal of the EIFS System at the Woman's Dorm (B-4) and Medical. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of IFF Funding in the amount of $150,000.00, and proceed with projects located at Rock Road Jail: re -roofing Pod A-1 Building ($50,00.00), purchase a storage building to provide additional space to store equipment, materials and supplies ($20,000.00), and establishment of a transport yard for inmate transportation to courthouse ($80,000.00). Staff further recommends the Board approve Equipment Request # CSEQ06-266. MISSION ACTION: DQ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: Originating Dept: 7z>w Lq Coordination/Signatures Mgt. &Budget: Ct► " Other: CONCURR E: o nderso— n County Administrator Purchasing Mgr.: '17��t�r�a Eff. 1 /97 Finance: (Check for Copy only, if Applicable) MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: May 2, 2006 SUBJECT: Asa result of damage from Hurricane Frances, FY 05-06 IFF Funds in the amount of $150,000.00 were budgeted for removal of the EIFS System at the Woman's Dorm (B-4) and Medical/Rock Road Jail. However, funding from Building Maintenance/Hurricane Frances Repairs has been made available for this project and staff is requesting approval to reallocate these funds in the amount of $150,000.00 for the following projects at Rock Road Jail and approve Equipment Request # CSEQ06-266: • Re -roof Pod A-1 Bldg. ($50,000.00) • Purchase metal storage building for Jail Maintenance staff ($20,000.00) • Establishment of transport yard for inmate transportation to courthouse ($80,000.00) BACKGROUND: Due to damage from Hurricane Frances, FY 05-06 IFF Funds in the amount of $150,000.00 were budgeted for removal of the EIFS System at the Woman's Dorm (B-4) and Medical at Rock Road Jail. Funding from Building Maintenance/Hurricane Frances Repairs has been made available to cover the cost associated with this project and staff is requesting approval to reallocate these funds in the amount of $150,000.00 for the following projects at Rock Road Jail: • Re -roof Pod A-1 Building ($50,000.00) • Purchase metal storage building for Jail Maintenance Staff and provide additional space that is needed to store equipment, materials and supplies. ($20,000.00) • Establishment of a transport yard that would be utilized for the loading and unloading of inmates on the bus used to transport them to the Courthouse for appearances. ($80,000.00) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of IFF Funding in the amount of $150,000.00, and proceed with projects located at Rock Road Jail: re -roofing Pod A-1 Building ($50,00.00), purchase a storage building to provide additional space to store equipment, materials and supplies ($20,000.00), and establishment of a transport yard for inmate transportation to courthouse ($80,000.00). Staff further recommends the Board approve Equipment Request # CSEQ06-266. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2005-2006 DEPARTMENT: CENTRAL SERVICES RECOMMENDED: YES NO REVISED DIVISION: JAIL MAINTENANCE APPROVED: YES NO REVISED EQUIPMENT: METAL STORAGE BUILDING ADDITIONAL COSTS 11 BUDGET AMOUNT: $201000 X NEW I REPLACEMENT YES I NO JUSTIFICATION: The Jail Maintenance Division currently has no space to store materials and supplies. They also have some equipment that needs to use on a regular basis and no where to set it up. A metal building would be the easiest and most inexpensive way to provide space for this department. This would let them store materials that are needed to keep the maintenance operation of the Jail running smooth and it would also let them set up some equipment for a more efficent use. EQUIPMENT REQ#: CSEQ06-266 ACCOUNT#: 316-1940-564000-100 FEDERAL EMERGENCY MANAGEMENT AGENCY U.M.B. No JUb/-Ulm PROJECT WORKSHEET Expires April 30, 2001 PAPERW6RK BURDEN DISCLOSURE NOTICE DECLARATION NO. STD. PROJECT NO. FIPS NO. DATE CATEGORY FEMA- 1545 DR- FL FB040CB 111-99111-00 09/02/05 E DAMAGED FACILITY WORK COMPLETED AS OF: DATE: PERCENT: COUNTY JAIL, WOMEN'S DORM B-4 & MEDICAL BUILDING 9/2/05 0% APPLICANT COUNTY ST. LUCIE COUNTY ST. LUCIE LOCATION LATITUDE LONGITUDE 900 N. ROCK RD, FORT PIERCE, FL 34945 N 27.45866 W-80.40778 DAMAGE DESCRIPTION AND DIMENSIONS: Strong winds and driving rain from Hurricane Frances caused damage to the exterior wall surfaces of the Women's B-4 Dorm and the adjacent Medical Building both located at the St. Lucie County Jail compound. The Women's Dorm B-4 building is a 2-story structure that has a mezzanine area for holding cells while the Medical Building is a 1-story structure. The construction of these buildings consists primarily of reinforced concrete masonry walls and covered with an Exterior Insulation and Finish Systems (EIFS) panel. Hairline cracks on the wall panel surfaces are visible and most likely the cracking was caused by the gusty combination of strong winds and rain allowing water penetration to the generally shortened octagon shaped Women's B-4 building, 26 LF high, (approximately 10,885 SF total area) and the Medical building, 13 LF high, (approximately 2,550 SF area) . Also contributing to water penetration could be through the joints that are inherent requirement of this system and possibly some through the windows and doors. expansion The buildings did not suffer any damage to the flat roof or equipment on the roof. According to the Applicant, the presence of mold and mildew on the occupant side of the masonry block walls is evident following the storm, the remediation of which have already been covered in another PW. SCOPE OF WORK: WORK TO BE COMPLETED: Remove the existing 10,885 SF exterior wall EIFS panel system material on the Women's Dorm B-4 building, sandblast/ hydroblast, seal and apply 10,885 SF coating; and on the Medical Building, remove the existing 2,550 SF exterior wall EIFS panel system material, sandblast/ hydroblast, seal and apply coating 2,550 SF. NOTE: The Applicant preferred this type of fix, rather than repairing to pre -disaster condition, because if ever there is water intrusion again to cause mold and mildew inside the detention cells, they would again experience the security problems and difficulties associated to moving the detained people. These buildings houses people that have been on detention pending their treatment prior to court hearing and so in essence they have not yet been convicted. Eliminating the EIFS panel is also a cheaper fix, compared to 2 other options that have been considered. We used the low bidder out of 3 contractors. SEE COST ESTIMATE SHEET FOR REPAIR OPTION COMPARISON.. ATTACHED IS ABU TION SHEET OF BIDDERS. S i A`�� r' Does the Scope of Work change the pre -disaster conditions at the site? LJ YES NO ❑ YES M NO Special Considerations issues included? YES ❑ NO Is there insurance coverage on this facility? ❑ YES 0 NO Hazard Mitigation proposal included? PROJECT COST ITEM CODE NARRATIVE QUANTITY UNIT UNIT PRICE COST WORK TO BE COMPLETED - Contract Work $ - 1 9001 Women's B-4 Donn (EIFS Removal Only) 1 LS $ 64,900.00 $ 64,900.00 2 9001 Women's B-4 Dorm (Sandblast, Seal, Coat) 1 LS $ 51,000.00 $ 51,000.00 3 9001 Medical Building (EIFS Removal Only) 1 LS $ 14,900.00 $ 14,900.00 4 9001 Medical Building (Sandblast, Seal, Coat) 1 LS $ 12,000.00 $ 12,000.00 $ - TOTAL COST THIS PAGE $ 142,800.00 PREPARED BY: YOUNG JIA/ BEN ANOC TITLE: FEMA PROJEC l'OFFICEFJ BUILDING SPECIALIST FEMA PAC: WILLIAM GOFORTH STATE PA DANA HANSON APPLICANT: DON McLAM DATE: Ct f`� PHONE: v 1 (727) 572-4444 FF,K/rA F — on-91 .CRP 9R . .:DERAL EMERGENCY MANAGEMENT AC :Y WORK COMPLETED TO DATE COST SUMMAmi(SHEET APPLICANT FIPS # DISASTER # ST. LUCIE COUNTY 111-99111-00 FEMA - 1545 DR- FL LOCATION/SITE PROJECT REF # COUNTY CATEGORY 900 N. ROCK RD, FORT PIERCE, FL 34945 FB040CB ST. LUCIE E DESCRIPTION OF WORK PERFORMED PERIOD COVERING COUNTY JAIL, EIFS REMOVAL ON WOMEN'S DORM B-4 & MEDICAL BUILDING N/A CLAIM COST COMMENTS (FEMA USE ONLY) ELIGIBLE COSTS FORCE LABOR $ _ $ - ACCOUNT FORCE $ _ ACCOUNT $ - EQUIPMENT MATERIALS $ - $ RENTAL $ _ $ - EQUIPMENT CONTRACT $ 142,800.00 LOWEST BIDDER PER BID DOCUMENTS $ 142,800.00 COSTS TOTAL $ 142,800.00 $ 142,800.00 I certify that the above information was transcribed from timesheets, payroll records, equipment log, invoices, stock or other documents which are available for audit. records DON MCLAW ASSISTAN DIRECTOR 2LLs- CERTIFIED TITLE DATE Applicant's records have been reviewed and found correct with the exceptions as noted. EDERAL EMERGENCY MANAGEMENT AGE' CONTRACT WORK SUMMARY RECOR- APPLICANT FIPS # DISASTER # ST. LUCIE COUNTY 111-99111-00 FEMA - 1 1545 [DR-T FT- LOCATION/SITE Pw REF # CATEGORY 900 N. ROCK RD, FORT PIERCE, FL 34945 FB040CB E DESCRIPTION OF WORK PERFORMED PERIOD COVERING COUNTY JAIL, EIFS REMOVAL ON WOMEN'S DORM B-4 & MEDICAL BUILDING N/A INVOICE DATES N/A N/A N/A N/A CONTRACTOR Sunrise System of Brevard, Inc. Sunrise System ofBrevard, Inc_ Sunrise System ofBrevard, Inc. Sunrise System ofBrevard, Inc. BILLING/ INVOICE # Bid #05-090 Bid #05-090 Bid #05-090 Bid #05-090 AMOUNT $ 64.900.00 $ 51,000.00 $ 14,900.00 $ 12,000.00 CONS ENTS — SCOPE Remove existing EIPS exterior wall panel - Women's B-4 Sand Blast/ Hydro -blast, seal and apply coat-Women's B-4 Remove existing EIPS exterior wall panel - Medical Bldg, Sand Blast/ Hydro -blast, seal and apply coat -Medical Bldg. TOTAL $ 142,800.00 GRAND TOTAL $ 142.800.00 I certify that the above information from timesheets, payroll records, equipment log, invoices, stock records or other documents which are available for audit. DON McLA -E Nl V, L r ASSISTAN DIRECTOR 0S TITLE DA CERTIFIED Applicant's records have been reviewed and found correct with the exceptions as noted. CONTRACT PAGE 1 / AGENDA REQUEST ITEM NO. C_ 6 DATE: M Ay 21 2006 REGULAR [ ,J PUBLIC HEARING [ ] CONSENT [ X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPT): J.59. Frannie Hutchinson, County Commissioner SUB]ECT: Library Advisory Board BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratify Commissioner Hutchinson's appointment of Marjorie Harrell to the Library Advisory Board COMMISSION ACTION: DQ APPROVED [ ] DENIED [ ]OTHER: -� Approved 5-0 Douglas . Anderson County Administrator Review and Approvals County Attorney: Management U Budget: Purchasing: Originating Dept: Other: Other: Finance: (Check for Copy only, if applicable) es Agenda Request Submitted By: Growth Management — Tourism and Eco. Dev. Item Number R Date: May 2, 2006 Consent [X j Regular [ ] Public Presentation Leg. [ ] Quasi -JD [ ] Presented By 3w/4% Director SUBJECT: Ratification of Tourist Development Council's decision to approve a $2,000 Special Event Grant request for the 41s` Annual Florida Indian Hobbyist Association Pow Wow. The event was held on March 24 -26, 2006 at the Savannas Recreational Area. Funding will come from the County's Tourist Development Council's Grant Program. BACKGROUND: On April 12, 2006 the St. Lucie County Tourist Development Council (TDC) reviewed a request from the Pow Wow Association requesting funding from the TDC's grant program. A unanimous approval of a 7-0 vote was given. See attached memorandum. FUNDS AVAILABLE: Funds are available in the Tourism Aid to Private Organization Account Number 611-5210-582000-500 PREVIOUS ACTION: N/A RECOMMENDATION: The Tourist Development Council and staff recommends that the Board of County Commissioners approve the Special Event Grant Agreement and application in the amount of $2,000 to Florida Indian Hobbyist Association Pow Wow event as drafted by the County Attorney and authorize the Chairman to sign the agreement upon receipt of the signed originals. COMMISSION ACTION: CONCURR CE: APPROVED 0 DENIED OTHER X'i _ glas M. Anderson Approved 5-0 County Administrator Coordination/ Signatures County Attorney+ Mgt. & Budget: $`� Purchasing: Originating Dept.: Other: Other: Finance: COMMISSION REVIEW: May 2„ 2006 GROWTH MANAGEMENT DEPARTMENT Tourism and Economic Development MEMORANDUM TO: Board of County Commissioners FROM: Larry Daum, Manager DATE: May 2„ 2006 SUBJECT: Tourism Special Event Grant Agreement for the 41st Annual Florida Indian Hobbyist Association Pow Wow In accordance with previous Board direction, the Tourist Development Council has instituted a Special Event grant program to assist local organizations in promoting their events. The grants are paid from Tourist Development Tax funds. Attached to this memorandum is a copy of the proposed grant agreement and application for this event. Pursuant to the agreement, if approved, the Pow Wow Association will receive a special event grant in the amount of two thousand and 00/100 ($2,000.) If you have any questions, please let us know. Attachments CC: County Administrator County Attorney SPECIAL EVENT GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2006, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and FLORIDA INDIAN HOBBYIST ASSOCIATION, 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 fo►lows: 1. The County shall disperse to the Recipient a grant in the amount of two thousand and 00/100 dollars ($2,000.00) to be used to as set forth in its 2005-2006 Special Event Grant Application, incorporated herein by reference. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days of the date this Agreement is fully executed. 2. Within sixty (60) days following the event or the date of this Agreement whichever is later, the Recipient shall provide the St. Lucie County Tourism and Economic Development Manager with a report on the event funded by the grant including, but not limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event, and a copy of the brochure, flyer or poster used to market the event. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. g: \atty\agreemnt\FIHA 1 5. 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. 6. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of lif a or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 7. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. g: \atty\agreemntVIHA 2 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the St. Lucie County Tourist Development Council. 9. 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 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: Florida Indian Hobbyist Association c/o 172 S.E. Village Drive Port St. Lucie, Florida 34952 With copies to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tourism and Economic Development Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 11. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 9: \atty\agreemnt\FIHA 3 12. The Recipient 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(2005) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conf lict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notif ication by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. g: \atty\agreemnt\FIHA 4 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized off icials as of the day and year first written above. ATTEST: DEPUTY CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY FLORIDA INDIAN HOBBYIST ASSOCIATION BY: AUTHORIZED REPRESENTATIVE NAME: TITLE: g: \atty\agreemnt\FIHA 5 ST. LUCIE- COUNTY FORT PIERCE , ST DEVEWPMENT .� PORT ST LUCIE COd�f. \\�� HUTCHINSON ISLAND FLORIDA SPECIAL EVENT GRANT APPLICATION TDC APPLICATION: Must be typed or clearly printed. if a question does not apply, write N/A in the blank. Use additional sheets of paper if necessary. 1. Name of Event: ,�l h cjm Nn�� N61-IA14 st /�sSoe. All -iqnnµ 91 lQuoWoui 2. Location of Event: . &UamrlaS &rrPn�°^' e2rea- 3. Event date(s): nx: -rch air- At*- moo 4. If application is approved, what dollar amount of grant is being requested? (Maximum $2,000) 12000 5. What will grant dollars be used for during the event. I �N Remy-1s: 6, &U&ryf // Sllrarye-r C4c 6. Name of person filling out'this application: i,-Nh R>T-ro2FF 7. Phone:-3.3,7-33& 8' 8. Name of organization you represent: F�,Or�DA- YrvDl /y A)Z6 ',s� �ssoc�F/�fA� 9. Mailing address: 0 172, 10. City: l�* '5l LA"-cae. State: FL zip: `/45 --Z 11. Phone: ,3�?-3��,g- Fax: 9 2300 Virginia Avenue, Ft. Pierce, FL 34982 • (772) 462-1535 0 FAX: (772) 462-2132 • 1-800-344-TGIF 12. If grant is approved, please list the name and title of person authorized to sign a grant contract between your organization and St. Lucie County. Name: DPve,D lAn—,—ro2r—G Title: �res�o�nr� 13. Describe the purpose/mission of your organization: Lk? Lie 11-nerm-,4H sS77YCe 5 clanePrs,. •d CrcLPI-saneuy tu, iet Acen /7e6.61151- /Iv AN &L)pIVT )41,2af OUr/hei--5�-_�t14C uNr)rR 61Aig 0/%V0 4 9 121475iuZ- ,A 14. How long has organization been in existence?: -,! ! ye,2r-s 15. Number of members in organization: 6Qn rx /oo F'612,1e-fes 16. What are your event's goals and objectives? o 6; �JYIer/Cc2N ' ti C?r7 is f� j o f�CJ�S�. 1�f57yt'nTS` Zkll vt- e4n-er,c&w 61,4 * ea kh(aa-/ fWel l eli r 17. Who is your target audience? Cyey% 444e.9ls�o h-!l .,,qgr� y P.S�C1411Si �i4rn)lj�S Aga �N�oece^q�se5' �hc INVOlile,1171 aF eh,',C- �c%y 18. is this a first time event? Yes '� No, if no how many years has event been held? io 19. What is the anticipated attendance at your event? (You must give an estimate or your application will not be reviewed) 1600 ~ 20. What percentage of attendees will come from out of town? (You must give an estimate or your application will not be reviewed) .,c, -- 1a l% 21. Approximate number of room nights anticipated for your event? (You must give an estimate or your application will not be reviewed) . - � 22. List hotels, motels, or RV Parks that your organization plans on utilizing for this event: J�Q N�g s mole l Iv Iee-'0'U�` :Qi, , �tiru; 1-W I CEO u -YN AI 10 2300 Virginia Avenue, Ft. Pierce, FL 34982 ♦ (772) 462-1535 ♦ FAX: (772) 462-2132 ♦ 1-800-344-TGIF 23. What was the number attendance at last year's event? (if applicable) 1%50 If possible, provide copy of attendance records. 24. What percentage of above attendance figures came from out of town? (If applicable) Io - t9,0?D 25. List hotels and other paid accommodations that can verify number of room nights that were generated from last year's event: (If applicable) Ji N N , 3A va n n a S Ad 11,66V Mud h 1 v ,,,L y/I/ Q1l s bt)es�er N OR - have these properties submit, in writing, these numbers and attach to application. 26. Will other organizations participate in your event as co-sponsors? If so, please list: 11N, -r-,D Slaks _Asia/ �eryjc -2- ti-uc:e C'ouyy,-,� 11-ks r- 27. Give a brief narrative of overall concept of event using an additional sheet of paper. Please limit your response to 300 words or less. 11 2300 Virginia Avenud, Ft. Pierce, FL 34982 ♦ (772) 462-1535 ♦ FAX: (772) 462-2132 ♦ 1-800-344-TGIF Over its 41 year history, the format of the Florida Indian Hobbyist Association Pow Wow has evolved into one of the most respected events of its type in the eastern United States. The program in 2006 will remain much the same, given its past successes, with dances Friday night, Saturday afternoon & evening and Sunday afternoon. The dances, along with workshops, craft competitions, and demonstrations encourage participation by spectators. FIHA's philosophy has been to provide a family -oriented event that encourages participation and an event that complements the Savannas. By exposing local residents and visitors from throughout Florida & other states to a variety of Native American art & cultural experiences - traditional & social dancing, singing, story telling, flute music, clothing styles, tipi encampment living exhibits, seminars, vendor craft work & art - we intend to reflect the richness & vitality of the American Indian culture by showing it as a living art/cultural form that a static exhibit in a museum. As we enter our 41 ' year, Native American dancers, singers & exhibitors consider this to be one of the showcase events in the eastern USA. It is also one of Florida's longest continuous special event and much anticipated by area residents. Some participants & spectators have attended this event for over 30 years. FIHA has purposely kept admission low to attract the widest audience and educate as many as possible. Special programs are scheduled for area school children on Friday. A covered area is also provided for out handicapped spectators. A greater emphasis will also be placed on distributing flyers to local hotels as a means of attracting more leisure visitors in the area. During visits to other Native American functions, both state wide and National, flyers promoting St. Lucie County and our event have been widely distributed. Representative filling out application, please read and sign the certification below: I have reviewed the attached grant application to the St. Lucie County Tourist Development Council. I understand the grant funding requirements stated therein. I assert that the information contained in this application and any attachments are accurate and complete. I realize that these representations will be relied upon by the TDC and the Grant Review Committee. Please check: I have enclosed one (1) original and four (4) copies for the TDC. r/ rant funding I understand that any g g I receive requires my organization to include the phrase, "Event sponsored in part by the St. Lucie Tourist Development Council" on flyers and/or sponsor board. zl 610 Date Print Name Submission Deadline: All completed applications must be received 90 days prior to the event to the: St. Lucie County Tourism Office Attn: Grants Department 2300 Virginia Avenue Fort Pierce, FL 34982 772/462-1535 (2"d Floor of Civic Center Lobby) 12 G:\Tourism%WP\wp%Grants\Speclal Event App.docJune 29, 2005 Agenda Request Submitted By: Growth Management — Tourism and Eco. Dev. Item Number C i IG Date: May 2, 2006 Consent [X ] Regular [ J Public Presentation Leg. [ ] Quasi -JD [ ] Presented By Director SUBJECT: Ratification of Tourist Development Council's decision to approve a $2,000 Special Event Grant request for Zora Fest 2006. The event will be held April 28-30, 2006 at the Lincoln Park Academy and other venues. Funding will come from the County's Tourist Development Council's Grant Program. BACKGROUND: On April 12, 2006 the St. Lucie County Tourist Development Council (TDC) reviewed a request from the St. Lucie County Cultural Affairs Council requesting funding for Zora Fest 2006 from the TDC's grant program. A unanimous approval of a 7-0 vote was given. See attached memorandum. FUNDS AVAILABLE: Funds are available in the Tourism Aid to Private Organization Account Number 611-5210-582000-500 PREVIOUS ACTION: N/A RECOMMENDATION: The Tourist Development Council and staff recommends that the Board of County Commissioners approve the Special Event Grant Agreement and application in the amount of $2,000 to the Cultural Affairs Council for the Zora Fest 2006 event as drafted by the County Attorney and authorize the Chairman to sign the agreement upon receipt of the signed originals. COMMISSION ACTION: CONCUR CE: APPROVED 0 DENIED 0 OTHERS glas M. Anderson Approved 5-0 County Administrator Coordination/ Signatures County Attorney U-1 Mgt. & Budget: wwq Purchasing: Originating Dept.: Other: Other: Finance: COMMISSION REVIEW: May 2„ 2006 GROWTH MANAGEMENT DEPARTMENT Tourism and Economic Development MEMORANDUM TO: Board of County Commissioners FROM: Larry Daum, Manager DATE: May 2„ 2006 SUBJECT: Tourism Special Event Grant Agreement with the St. Lucie County Cultural Affairs Council for Zora Fest 2006 In accordance with previous Board direction, the Tourist Development Council has instituted a Special Event grant program to assist local organizations in promoting their events. The grants are paid from Tourist Development Tax funds. Attached to this memorandum is a copy of the proposed grant agreement and application for this event. Pursuant to the agreement, if approved, the Cultural Affairs Council will receive a special event grant in the amount of two thousand and 00/100 ($2,000.) If you have any questions, please advise. Attachments CC: County Administrator County Attorney SPECIAL EVENT GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2006, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL, 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 amount of two thousand and 00/100 dollars ($2,000.00) to be used for "ZoraFest 2006", as set forth in its 2005-2006 Special Event Grant Application, incorporated herein by reference. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days of the date this Agreement is fully executed. 2. Within sixty (60) days following the event or the date of this Agreement, whichever is later, the Recipient shall provide the St. Lucie County Tourism and Economic Development Manager with a report on the event funded by the grant including, but not limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event, and a copy of the brochure, flyer or poster used to market the event. 3. The Recipient shall have internal controls adequate to safeguard the grant. 9: \atty\agreemnt \tdc.event.cac.zorafest 1 4. If the grant cannot be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. 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. 6. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. g:\atty\agreemnt\tdc.event.cac.zorafest 2 7. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the St. Lucie County Tourist Development Council. 9. 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 2300 Virginia Avenue Fort Pierce, Florida 34982 With copies to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tourism and Economic Development Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: St. Lucie County Cultural Affairs Council 600 N. Indian River Drive Fort Pierce, Florida 34950 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. g: \atty\agreemnt \tdc.event.cac.zorafest 3 11. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 12. The Recipient 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(2003) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notif ication shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certif ied mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest g:\atty\agreemnt\tdc.event.cac.zarafest 4 with respect to services provided to the County by the Recipient under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law.and the Southern District of Florida for any claims which are justiciable in federal court. 14. This. Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized off icials 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: BY: COUNTY ATTORNEY g:\atty\agreemntVdc.event.cac.zorafest 5 WITNESSES: .ju,�lrex-, ` v . ci ST. LUCIE COUNTY CULTURAL AFFAIRS COUNCIL - BY:km(� AU' HORIZED REPRESENTATIVE NAMEA n, Al;k 62z?= tAf1 GE N. TITLE:�"II'�I 9:\atty\agreemnt\tdc.event.cac.zorafest ST. LUCK COUNTY FORT PIERCE DEVRPPMENT PORT ST LUCIE cod" HUTCHINSON ISLAND v FLORIDA SPECIAL EVENT GRANT APPLICATION TDC APPLICATION: Must be typed or clearly printed. If a question does not apply, write N/A in the blank. Use additional sheets of paper if necessary. 1. Name of Event: ZOIZA FE ST 20&� 2. Location of Event: 3. 4. 5. 6. 7. 8. 9. 10. 11. Event date(s): o�-tz PAP an- -301 i L 2q-K. -zIcC�o If application is approved, what dollar amount of grant is being requested? (Maximum $2,000) 4 2 W,bat will grant dollars be used for during the event? donorarium bca)' Name of person filling out*this application: Dbra fr) Phone: VZ.-')sq F Name of organization you represent: ST L LLC, t E. ccxu�. 0-URU R-I Frei Rs Q.Ou.1'jC1 Mailing address: 600 0 f�I V ER DRIVE City: �o RA- State: F L Zip: 34,q S72) Phone: %1 i 2) '+CP z - I `7 Ca -1 Fax: C-71 Z) 4(v Z '-17(eq E tea. , Y&u-,, A eue- 2300 Virginia Avenue, Ft. Pierce, FL 34982 • (772) 462-1535 0 FAX: (772) 462-2132 • 1-800-344-TGIF 12. If grant is approved, please list the name and title of person authorized to sign a grant contract between your organization and St. Lucie County. 13. Name: Tebra.5woll Title: T irec-lor Describe the purpose/mission ofryout`organization: 10 acf as �-- 14. How long has organization been in existence?:___' G --f 15. Number of members in or anization: 6j ber &14syty Liwd 'P 60CCW 16. What are your event's goals and objectives? Cfeal t, j/s��t/r?tjoe.,,, (TO OXI 1 [ 1 Celebri hon o � kr& Ajpn 1P 141 ram) rJ 4:j 17. Who is your target audience? Mthare loorish- �I fC'/t`�1" 5� � bry fi�lwk)fflm, :50fosr hei 1-i prnihe� : 1 ers ! j jn CV1*jra 1 --ffiu(1S1h 18. Is this a first time event? Yes _� No, if no how many years has event been held? wetv (pvwiw si�- �;aL5- 19. What is the anticipated attendance at your event? (You must give an estimate or your application will not be reviewed) lo�f,�f>t) 20. What percentage of attendees will come from out of town? (You must give an estimate or your application will not be reviewed)_ 21. Approximate number of room nights anticipated for your vent? (You must give an estimate or your application will not be reviewed 22. List hotels, motels, or RV Parks that your organization plans on utilizing for this event: Vim. -O RA Su,:Lj;5 10 2300 Virginia Avenue, Ft. Pierce, FL 34982 ♦ (772) 462-1535 ♦ FAX: (772) 462-2132 ♦ 1-800-344-TGIF 23. What was the number attendance at last year's event? (If applicable) - ITC0;-`—A000 If possible, provide copy of attendance records. 24. What percentage of above attendance figures came from out of town? (If applicable) Vic) 25. List hotels and other paid accommodations that can verify number of room nights that were generated from last year's event: (If applicable) OR - have these properties submit, in writing, these numbers and attach to application. 26. Will other organizations participate in your event as co-sponsors? If so, please list: _ST • LU C I l� t �-f Off t C f� L- SD C 1 ETV 27. Give a brief narrative of overall concept of event using an additional sheet of paper. Please limit your response to 300 words or less. -9�) -Q ,q— 0,4,--Qar-1 e I 11 2300 Virginia Avenue, Ft. Pierce, FL 34982 ♦ (772) 462-1535 ♦ FAX: (772) 462-2132 ♦ 1-800-344-TGIF Cultural Affairs Department MEMORANDUM DATE: February 17, 2006 TO: Tourist Development Board A,�_ FROM: Debbie Brisson, Director RE: ZoraFest 2006 — The Mystique of Zora Famed African -American novelist, playwright and social anthropologist Zora Neale Hurston spent her last years in Ft. Pierce, passing away in 1960. In the ensuing years, she has become an international cultural icon, wit her books selling in the millions of copies, one of which, Their Eyes Were Watching God, the subject of an Oprah Winfrey -produced movie starring Halle Berry and thelight behind a huge festival in Eatonville, FL. In January, the 17t' year of the festival, over 125,000 people were drawn to Eatonville and the economic effect was estimated at over three million dollars. St. Lucie County is presenting the second annual ZoraFest, The Mystique of Zora, April 28 — 30t'. The event will be held on the campus of Lincoln Park Academy where Hurston briefly taught. The festival will have a kickoff event on Friday Night featuring a Florida Humanities Council presentation of "Voices of the Harlem Renaissance" on the stage at the Magnet School of the Arts in Ft. Pierce. On Saturday, ZorFest 2006 will feature a street festival with food and art vendors, book booths and Zora related booths. Additionally, four lines of attractions will be occurring simultaneously all day during the festival. On the main outdoor stage, musical or theatrical entertainment will be performed on the hour, featuring professional dancers, griot storyteller Madafo, poets and musicians such as the Sankofa Rhythm Ensemble. In the main lecture hall, a series of scholarly lectures will be presented by major Hurston scholars such as Statson Kennedy, author of The Klan Unmasked, Dr. Karla Caplan, author of Zora Neale Hurston, A Life in Letters, Dr. Robert Hemenway, author of Zora Neale Hurston, A Literary Biography, Dr. Deborah Plant, author of Every Pot Must Sit On Its Own Bottom: The Philosophy and Politics of Zora Neale Hurston, and Valerie Boyd, author of the critically praised biography of Hurston, Wrapped in Rainbows. Festival attendees will have an opportunity to join in a question and answer period after each presentation and discuss the various subjects. A book signing will also take place for each author. In a second hall, we will be presenting the Sankofa, African American Museum on Wheels, considered to be one of the foremost collections of African American history readily available in the United States today. At the same time, on our youth stage we will be presenting local talent including the Avenue "D" Boys Choir, the Helen Abbot Theater of Hope dancers and the winners of our Middle School storytelling and High School rap contests. We will also providing a children's area filled with games and activities and we plan to give away books to the first 250 children in attendance. A soon to be announced "head liner" is scheduled to appear on our main stage following the days activities. Additionally, we are planning an event with the state director of the Zeta Phi Beta Sorority, Inc. to attract Zetas from all over the state to our event. The festival will conclude with a Sunday brunch at the Governor's Grill with Lucy Ann Hurston scheduled as the keynote speaker, giving our attendees reason to spend two nights in St. Lucie County. Should you have any questions or need any additional information, please do not hesitate to contact me at 462-2548. We thank you in advance for your support of ZoraFest 2006. Representative filling out application, please read and sign the certification below: I have reviewed the attached grant application to the St. Lucie County Tourist Development Council. I understand the grant funding requirements stated therein. I assert that the information contained in this application and any attachments are accurate and complete. I realize that these representations will be relied upon by the TDC and the Grant Review Committee. Please check: ,,f I have enclosed one (1) original and four (4) copies for the TDC. I understand that any grant funding I receive requires my organization to include the phrase, "Event sponsored in part by the St. Lucie Tourist Development Council" on flyers and/or sponsor board. Signed p� Print Name Submission Deadline: , /74c;�Q0CP Date All completed applications must be received 90 days prior to the event to the: St. Lucie County Tourism Office Attn: Grants Department 2300 Virginia Avenue Fort Pierce, FL 34982 772/462-1535 (2"d Floor of Civic Center Lobby) 12 G:\Tourism%WP%wp%Grants%Speclel Event App.docJune 28. 2005 Gayla Barwick - Zora Fest! The Mystique of Zora From: Linette Trabulsy To: Trabulsy, Linette Date: Thursday, March 30, 2006 11:17 AM Subject: Zora Fest! The Mystique of Zora Media Release Further Information, Contact: Debra Brisson St. Lucie County Cultural Affairs Council (772) 462-1767 Five Nationally -Acclaimed Authors On Tap for Second Annual Zora Fest! Five nationally -known authors and researchers on the life and literary accomplishments of the late Zora Neale Hurston will be discussing The Mystique of Zora at the second annual Zora Festl, April 28 through 30 at Lincoln Park Academy and several other venues in Fort Pierce. The festival itself will be Saturday, April 29 at Lincoln Park Academy in Fort Pierce. Admission is Free. Serving as the keynote speaker for the event will be Lucy Anne Hurston, niece of the famed Harlem Renaissance author who died in Fort Pierce in 1960. Hurston discussed her aunt's literature and relationships with her family at last year's festival. Hurston's book about her aunt, Speak, So You Can Speak Again, includes a CD of sound from the Federal Writers Project audio tapes recorded by Zora Neale Hurston, as well as family recollections of their aunt. Hurston will appear on Sunday, April 30, through the support of the St. Lucie Historical Society. New to the festival will be Dr. Robert Hemenway, chancellor of the University of Kansas, who wrote Zora Neale Hurston: A Literary Biography. At a Hurston presentation many years ago, Hemenway is credited with inspiring a new biography on Hurston by pointing out it was time for a new work and must be written by a black woman. That woman turned out to be author Valerie Boyd, who was in the audience that day. Her book, Wrapped in Rainbows: The Life and Times of Zora Neale Hurston, is now considered the most -acclaimed biography of Huston. She is a former journalist with the Atlanta Constitution and Journal and appeared as the keynote speaker last year at the Hurston festival in Fort Pierce. She will be back for additional literary discussions about Hurston. Other authors who will be serving on literary panels include: Stetson Kennedy, author of The Klan Unmasked and former supervisor of Hurston during her years researching for the Federal Writers Project; and Dr. Deborah G. Plant, professor of African Studies at the University of South Florida and author of Every Tub Must Sit On Its Own Bottom. Besides the festival events, the Zora Neale Hurston Committee and the St. Lucie County Cultural Affairs Council will present a one -woman show on Friday, April 28 at the Magnet School for the Arts on Delaware Avenue in Fort Pierce. The play, Loquacious and Bodacious: The Life of Zora Neale Hurston, will be presented by the Actors Repretory from West Palm Beach. The play was written and performed by actress Bhetty Waldron in the West Palm Beach area for many years. Waldron died of cancer last year. On Thursday, April 27 at 7 p.m. at the Magnet School for the Arts, public radio station WQCS / 88.9 FM and the Florida Humanities Council will present Voices of the Harlem Renaissance, a humanities lecture about the relationship between Hurston, author Langston Hughes and sociologist W.B. DuBois during the Harlem Renaissance period. The presentation is part of a grant from the National Endowment for the Humanities and is one of the first presentations of his humanities discussion. Admission is FREE and open to the public. For additional information, please contact the St. Lucie County Cultural Affairs Council at (772) 462-1767. file://C:\Documents%20and%20Settings\Gayla\Local%20Settings\Temp\GW } 0000 LHTM 3/30/2006 TO: Board of County Commissioners AGENDA REQUEST ITEM NO. C&A DATE: May 2, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT): Grants Bill Hoeffner, Grants Writer SUBJECT: Approve the Angle Road Sidewalk Project as the first priority and the St. James Drive Sidewalk Project as the second priority of two grant applications being submitted to the FDOT Transportation Enhancement Program. BACKGROUND: In the 4/25/2006 meeting, the BOCC approved a consent agenda item regarding the submittal of two Transportation Enhancement grants. One was for $440,000 for a sidewalk and signalization on Angle Road and the second was for $200,000 for a sidewalk on St. James Drive from Rivers Edge Elementary to the Oxbow Environmental Center. Subsequent to the BOCC meeting, it was realized the grant application requires a prioritization of the two projects. Due to the fact that a sidewalk currently exists on the west side of St. James Drive and the fact that Angle Road experiences heavy industrial traffic, does not have a sidewalk, and Westwood High School is located near Angle Road; staff is recommending Angle Road be assigned first priority. FUNDS AVAIL: N/A PREVIOUS ACTION: During 2002, the Board approved the submittal of a grant application for the St. James Drive Sidewalk Project to the Transportation Enhancement Program. On 5/9/2005, the BOCC approved funding of $49,921 for design of the Angle Road Sidewalk Project. The BOCC also placed $100,000 in the Capital Improvement Budget for construction of the Angle Road Project. On 3/14/2006, the BOCC approved the transfer of funds awarded through the Transportation Enhancement Program for the St. James Drive Sidewalk Project to the Avenue J Pedestrian Bridge Project. The BOCC also approved, on 3/14/2006, funding of $55,000 for design of the St. James Drive Project. On 4/25/2006, the BOCC approved the submittal of grant applications for both Angle Road Sidewalk Project and the St. James Drive Sidewalk Project to the Transportation Enhancement Program. RECOMMENDATION: Staff recommends the BOCC approve the Angle Road Sidewalk Project as the first priority and the St. James Drive Sidewalk Project as the second priority of two grant applications being submitted to the FDOT Transportation Enhancement Program. COMMISSION ACTION: [ x] APPROVED OTHER: Approved 5-u [ ] DENIED CONCURRENCE: DAXglXs Anderson County Administrator Coordination/Signatures County Attorney: Originating Dept:„ a Mgt 6 Budget: Public Works: Purchasing: Finance: AGENDA REQUEST ITEM NO. C8-13 TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants SUBJECT: Approve the re -submittal of a grant Council for funding of $900,000 for $2,560,500 for fiscal year 2007-2008 the Taylor Creek Dredging Project. increased funding for the project. grant if it is awarded. DATE: May 2, 2006 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: Bill Hoeffner, Grants Writer application to the Florida Ports fiscal year 2006-2007 and funding of for phases 3 and 2 respectively of The re -submittal is necessary to seek Also, approve the acceptance of the BACKGROUND: On 2/14/2006, a grant application for $1,500,000 was submitted to the Florida Ports Council for Phases 2 and 3 of the Taylor Creek Dredging Project. Subsequently, the Florida Ports Council advised increased funding potentially could be available. A revised grant application was therefore submitted to seek additional funding. The revised application seeks $900,000 in funding for Phase 3 to be completed in FY 2006-2007 and $2,560,500 in funding for Phase 2 to be completed in FY 2007-2008. Phase 1 of the project has been completed. The Florida Ports Council has provided advanced notice that the grant of $900,000 for Phase 3 will be awarded to the County FUNDS AVAIL: PREVIOUS ACTION RECOMMENDATION: COMMISSION ACTION: The $900,000 grant for Phase 3 requires a 25% match of $300,000. This amount will be budgeted into the Capital Improvement Budget for the Port for FY 2006/2007. A pending grant from the Florida Inland Navigation District may contribute $268,000 toward this match requirement. The grant request of $2,560,500 for Phase 2 will require a 25% match of $853,500. $853,000 will be therefore be budgeted in the Capital Improvement Budget for the Port for FY 2007/2008. A to —be -submitted grant application to the Florida Inland Navigation District may contribute $268,000 toward this match requirement. St. Lucie County previously received Florida Ports Council for Phase 1 of This phase has now been completed. submittal of a grant application to $1,500,000 for phases 2 and 3. This and is being replaced with this more a grant of $1.5 million from the the Taylor Creek Dredging Project. m 2/14/2006, the BOCC approved the .he Florida Ports Council for grant application has been rescinded current grant application. Staff recommends the BOCC approve the submittal of the grant application to the Florida Ports Council for $900,000 in funding for Phase 3 of the Taylor Creek Project and $2,560,500 for Phase 2. Staff also recommends the Board approve the acceptance of the grant if it is awarded. [ x] APPROVED [ ] DENIED f ] OTHER: Approved 5-0 CONCURRENC . Doug Anderson County Administrator !f Coordination/Signatures r / / County Attorney: f 4L,Mgt & Budget: Originating Dept: �¢ 42-14-- Public Works: Purchasing: Finance: