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Home My WebLink AboutAgenda Packet 05-16-00 .. ¡ '-' ."., MAY 16, 2000 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA· WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ .....,; ßOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA May 16, 2000 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held May 9, 2000. 2. PROCLAMATION/PRESENTATION Resolution No. 00-93 - Proclaiming the month of Mayas "Civility Month" in St. Lucie County, Florida. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS COMMUNITY DEVELOPMENT SA. Ordinance No. 00-010/ Legislative - Consider staff recommendation to approve the ordinance amending Section 6.00.00, Vegetation Protection and Preservation, and Section 11.05.06, Vegetation Removal Perm~ of St. Lucie County Land Development Code. (second public hearin~ U-'¡-. 1ô C, /13 e 9 ¡.~ J í/I.-' J1.-6 L¡ 0 C,fQ rJ ",.ð ~ ì1é GL ", .-~~ SB. Ordinance No. 00-011/ Legislative - Consider staff recommendation to approve the ordinance amending Section 7.09.00, Landscaping and Screening of the St. Lucie County Land Development Code. (second public hearing) Cc- 1- jO G / '3 Q 5'Ø2---.. NOTICE: All Proceedings before this Board are electronically recorded. Any p'erson who decides to apReal any action taken by the Board at tl'iese meetings will need a record of the proceedings and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the reç¡uest of any party to the proceedings. mdividuals testifying during a hearing will be sworn in. Any party to the proceedmgs will be granted the opportunity to cross-examine any indivlaual testi!ying during a hearing upon request. Anyone with a disability re!1uirin~ accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462~ 777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' "wi REGULAR AGENDA MAY 16, 2000 PAGE nvo PUBLIC HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT (CONTINUED) 5C. Ordinance No. 00-012 / Legislative - Consider staff recommendation to approve the ordinance amending Section 2.00.00 Definitions, and amending 7.09.06, Standards for Native and Drought Tolerant Vegetation of the St. Lucie County Land Development Code. (second public hearing) C~ 10 G, /3'-- ?/.J"->- SD. Ordinance No. 00-013/ Legislative - Consider staff recommendation to approve the ordinance amending Section 7.09.0S(A) (1) Landscaping and Screening, R oval of Exotic Vegetation, of the St. Lucie County Land Development Code. econd public hearing) {' ....-,.- f tv G, (. 3- '}?-- Resolution No. 00-023 / Robert T. Ryan and Walter P. Ryan / Legislative - Consider staff recommendation to approve the resolution to define a Class "A"' Mobile Home as a Detached Single-Family Dwelling Unit for 8.68 acres of land in ,the AG-5 (Agricultural- 1 du / S acres) Zoning District. Location: Southwest corner /Of the intersection of Sneed Road and N.S.L.W.M.D. Canal No. 68 5. Resolution No. 00-012 / Betty Warren / Quasi-Judicial - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to operate a family residential home within 1,000 feet of another such family residential home in the RS-4 (Residential, Single-family, 4 du/acre) Zoning District. Location: 110 Essex Drive /'J 017 t....- f"t:) ð8--1)"/ 0 V. 5G. Resolution No. 00-024 / Wayne Skinner / Quasi-Judicial - Consider staff recommendation to approve the resolution changing the zoning from the AG-2.S (Agricultural - 1 du / 2.S acres) Zoning District to the RF (Religious Facilities) Zoning District. Location: Southeast corner of the intersection of Oraftge Avenue and Eleven Mile Road OIU'~~ Resolution No. 00-017 / Covenant Project Development Corporation / Quasi- Judicial - Consider staff recommendation to approve the resolution granting Preliminary and Final Planned Development Site Plan approval and a change in zoning from the RS-4 (Residential, Single-Family - 4 du / acre) Zoning District to the PUD (planned Unit Development - Lake Forest Park) Zoning District for the project to be known as Lake Forest Park - PUD. Location: West side of South 2Sth Street, approximately 900 feet North of Edwards Road ~. / Resolution No. 00-018 / Riverview Oil / Quasi-Judicial - Consider staff recommendation to approve the resolution approving the extension of the Conditional Use Permit and Major Site Plan approval to allow a self-storage facility for household goods in the CG (Commercial, General) Zoning District. Location: South side of Indrio Road, approximately 700 feet West of Kings Highway t( /' / ~<//~ '-' ...., REGULAR AGENDA MAY 16, 2000 PAGE THREE PUBLIC HEARINGS (CONTINUED) / Ordinance No. 00-19 - Consider staff recommendation to adopt the proposed Ordinance amending Chapter 1- 17, Article II (Street Lighting District) of the St. Lucie County Code of Ordinances and Compiled Laws. Resolution No. 00-86 / Florida Power & Light Company Bond Refunding (TEFRA) - Consider staff recommendation to adopt Resolution No. 00-86 as drafted. This public hearing was continued from April 2S, 2000 and May 9,2000. 6. NTY ATTORNEY Resolution No. 00-94 / St. Lucie County, Florida / Florida Power & Light Company Bond Refunding - Consider staff recommendation to adopt Resolution No. 00-94 as drafted. "y/ Resolution No. 00-9S - Consider staff recommendation to adopt Resolution No. 00-9S changing the name of the Northport Marina to River Park Marina. 7. /COMMUNITY DEVELOPMENT V Resolution No. 00-019 / Amerada Hess Corporation - Consider staff recommendation to approve the resolution granting Major Site Plan Approval to allow the construction of a gas station with a 2,446 square foot convenience store in the CG (Commercial, General) Zoning District for property located on the northeast corner of South U.S. Highway One and Savanna Club Boulevard. c:. ON /J. r> - 4.3 !tb-u v.t:O /f' -/7 PUBLIC WORKS 1/----/ /JV?/'/~ I Declare Building Unsafe / One building located at 420 Poplar Avenue, Port St. Lucie, Florida - Consider staff recommendation to declare the building located at 420 Poplar Avenue, Port St. Lucie, Florida to be unsafe pursuant to the provisions of Article III of Chapter 2-S of the St. Lucie County Code of Ordinances and Compiled Laws, and to hold a public hearing on J y 18,2000 at 7:00 P.M., or as soon thereafter as possible to take such further ction as is appropriate under Article III of Chapter 2-S of the Code. ~ '..J CONSENT AGENDA Mav 16.2000 1. WARRANTS LIST Approve warrants list No. 33 2. COUNTY ATTORNEY A. Agreement Approval / Pan Am International Flight Academy, Inc. - Consider staff recommendation to approve the proposed Recognition, Non- Disturbance and Attornment Agreement with Pan Am International Flight Academy, Inc., and authorize the Chairman to sign the agreement. B. Permission to File Suit / Board of County Commissioners vs. Robert Wiener - Consider staff recommendation to authorize the County Attorney's office to file suit against Robert Wiener for failure to pay rent from use of Northport Marina Island. C. Sportsman's Park West - Consider staff recommendation to terminate the January 28, 1986 lease agreement with the City of Port St. Lucie for Sportsman's Park West effective October 1, 2000. .. '-' .....,¿ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA May 16. 2000 CONSENT AGENDA UTILITIES A.1 Water Purchase - Consider staff recommendation to approve the temporary purchase of water from Fort Pierce Utility Authority to subsidize reclaimed water at South Hutchinson Island Wastewater Treatment Plant. '-' \wi! BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 9, 2000 Tape: 1 Convened: 9:05 a.m. Adjourned: 9:50 a.m. Commissioners Present: Chainnan, John D. Bruhn, Frannie Hutchinson, Doug Coward, Cliff Barnes, Paula A. Lewis Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Paul Phillips, Airport Director, Mike Leeds, Leisure Services Director, Ray Wazny, Public Works Director, Beth Ryder, Community Services Director, Bill Blazak, Utilities Director, Dennis Wetzel, Infonnation Technology Director, Hank DuFour, Human Resources Director, Marie Gouin, Interim, Management & Budget Mánager; Don West, County Engineer, Undersheriff Williams; Deputy Williams, A. Millie Delgado, Deputy Clerk 1. MINUTES (1-020) It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the minutes of the meeting held May 2, 2000; and, upon roll call, motion carried unanimously. 2. PROCLAMA TION/PRESENT A TIONS (1-028) A. Resolution No. 00-89- Proclaiming May 14,2000 through May 20,2000 as "Law Enforcement Week" in St. Lucie County, Florida and urging the citizens ofSt. Lucie County to observe Tu4sday, may 16,2000 as "Law Enforcement Memorial Day" in honor ofthose Peach Officers who, through their courageous deeds, have lost their lives or have become disabled in the perfonnance of their duty. It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve Resolution No. 00-89; and, upon roll call, motion carried unanimously. Undersheriff Dennis Williams was present to accept the Resolution. B. Resolution No. 00-91- Proclaiming the week of May 14,2000 through May 20,2000 as "Preservation Week" in St. Lucie County Florida. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 00-91; and, upon roll call, motion carried unanimously. Mr. Jack Roberts representing the Historical Commission was present to accept the Resolution. 3. GENERAL PUBLIC COMMENTS Ms. Jean Hearn, Tozier Road resident, addressed the Board regarding the impact fee public hearing scheduled for tonight. Ms. Hearn stated she felt that tonight's meeting was not a public forum since she was under the impression that all decisions had been finalized prior. -1- ~ """'" Mr. Fred Polidori, St. Lucie County resident, addressed the Board in opposition to the impact fee increase, the cost ofthe consultant and suggested initiating a transfer tax for those who buy an existing house. Mr. Robert Anderson, St. Lucie County resident, addressed the Board regarding additional campgrounds and parks being provided in the county for the residents. He also asked if there was any additional information on the disposal site. 4. CONSENT AGENDA (1-0598) Com. Coward requested discussion on item C-4 A. C-4.A Purchasing- RFP. No. 00-024/ Laboratory Services (Solid Waste Dept.) Award-Consider staff recommendation to award the RFP for Laboratory Services to Post, Buckely, Schuh & Jernigan- the top ranked proposer and authorize the Chairman to sign the contract as prepared by the County Attorney. Com. Coward questioned why the local firm (Harbor Branch Oceanographic) was not selected. A representative from the Solid Waste Division was not present to address Com. Coward's question or concern. Com. Coward requested this item be tabled for one week and asked the Board consider the local firm's proposal which he felt were qualified. It was the consensus of the Board to table this item for one week until more information could be obtained regarding the selection. It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent Agenda; with item C-4A being tabled for one week; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 32. 2. LEISURE SERVICES A. Revised Equipment Request No. 00-033- The Board approved the addition of$285.00 to the original equipment request and approved the revised equipment request for software that was inadvertently omitted from the original request. B. Permission to advertise- The Board approved the request for permission to advertise a Request for Proposals to enter into a lease agreement to operate C. Permission to advertise- The Board approved the request to advertise a Request for Proposals for pouring and advertising rights for soft drinks at the South County Regional Stadium. 3. INFORMATION TECHNOLOGY Agreement Renewal- The Board approved the renewal of the Remote Database Administration Agreement with SCT and authorized the Chairman to sign the agreement. 4. PURCHASING -2- ~ -....I B. Permission to Advertise- The Board approved the request for permission to advertise for bids for repairs to a county residence through the SHIP program. C. Award of Bid No. 00-037- The Board approved awarding the bid for the Civic Center main entrance doors to S1. Lucie Glass (low bidder) in the amount of$27,900 and authorized the Chairman to sign the contract as prepared by the County Attorney. 5. PUBLIC WORKS A. Position Requests No. PS 00-37, PSOO-38, Equipment Request No. 00-219,00-220,00- 221,and Budget Amendment No. 00-136- The Board approved the position requests, equipment requests and budget amendment to accommodate the increased work load in the Building and Zoning Division. B. Permission to Advertise- The Board approved accepting the petitions for the following projects: Lennard Road 1 MSBU - Roadway Improvements Lennard Road 2 MSBU- Potable Water Improvements Lennard Road 3 MSBU- Sanitary Sewer Improvements The Board also approved granting pemlission t.o advertise for the Initial Public Hearing to be held June 6, 2000 at 7:00 p.m. or as soon thereafter as possibíe. 6. COUNTY ATTORNEY A. 2025 Long Range Transportation Plan Update- The Board approved the proposed agreement between the S1. Lucie Metropolitan Planning Organization and Transportation Engineering Inc., d/b/a TEl for preparation of the 2025 Update ofthe Long Range Transportation Plan. B. Agreement Amendment/Community Care for the Elderly Program- The Board approved the proposed First Amendment to the September 28, 1999 Grant Agreement with the Council on Aging of S1. Lucie, Inc., and authorized the Chairman to sign the amendment upon receipt of the signed originals from the Council on Aging. 7. COMMUNITY SERVICES Contract Approval- The Board approved the contract with the Council on Aging/Community Transit, and to expend the match funds of$12,980 and authorized the Chairman to sign all the necessary documents. 8. UTILITIES Work Authorization Approval- The Board approved the work authorization with Mastellar and Moler in the amount of $19,236 for engineering services related to the rehabilitation ofthe existing clarifier at the North County Utility Wastewater Treatment Plant and authorized the Chairman to execute the agreement. 9. COMMUNITY DEVELOPMENT One Stop Permitting Grant/Budget Amend~ent No. 00-135 and Equipment Request No. 00-215- The Board approved the budget amendment and equipment request to purchase special software to be used in conjunction with the County's One-Stop Permitting program to maintain the security of the system from unauthorized use. .]- '-' ...,,; REGULAR AGENDA 5. COUNTY ATTORNEY (1-0839) Resolution No. 00-86- /Public Hearing for Florida Power and Light Conduit Bond Issues- Consider staff recommendation to continue this public hearing until May 16,2000 at 7:00 P.M. or as soon thereafter as possible. It was moved by Com. Lewis, seconded by Com. Coward, to continue the public hearing until May 16,2000 at 7:00 P.M. or as soon thereafter as possible; and, upon roll call, motion carried unanimously. 6. LEISURE SERVICES (1-0898) Award of Bid No. 00-040-/Civic Center Sign- Consider staff recommendation to award the bid for the Civic Center Sign to Meurett Sign Co. (lowest responsive bidder) in the amount of $88,541.17 and authorize the Chairman to sign the contract as prepared by the County Attorney. It was moved by Com. Barnes, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. 7. BI-WEEKLYREPORTS Com. Hutchinson gave a short overview of the committee meetings she attended. She advised the Board of the Port St. Lucie Annexation (Water and Sewer) project. Mayor Fielding advised her the they were looking to complete the project in the year 2006. Com. Barnes gave an overview of the Value Adjustment Board meeting. The Land Acquisition Selection Committee agreed to acquire a 400 acre parcel west of town. Com. Coward gave his overview on the Transportation and Transit Element Subcommittee meeting. He advised the Board that they would need tó update their positions on the Airport and the Seaport, he will be coming back to them for their input. He also commented on the Regional Planning Council meeting he attended where they discussed promoting re-development. Port St. Lucie does not have a downtown area and he believes there is a need to create some town centers and key transportation which would help create jobs and shop locally. He encouraged the Board to attend the next team meeting of the PSL Economic Growth on May 15th, 2000 at 4 p.m. Com. Bruhn gave an update on the committee meetings he attended. The Law Library purchased new books and commented Chamber of Commerce and their discussion on forming the Economic Development Board. Com. Coward commented on a recommendation made by a local resident and also in reading in the paper about the Governor wishing to form a statewide 17 member committee to deal with the Energy issue. He proposed having representation on this committee. It was the consensus of the Board to appoint the Utilities Director, Bill B1azak:, to this committee as St. Lucie County's representative. Com. Bruhn advised the Board that he had received a petition from the River Park Homeowners Association wishing to re-name the North Port Marina to the River Park Marina. The County Attorney advised the Board of an Ad-hoc Committee which was formed to this purpose and they have not been active for a while. . -4- '-" .....,; Com. Coward stated he was comfortable with the name change and felt the committee does not need to be re-activated. The County Attorney suggested dissolving the committee and having the Board handle these items on a case by case basis. It was suggested this item be placed on the agenda for the next meeting. It was the consensus of the Board to disband the committee. There being no further business to be brought before the Board, the meeting was adjourned at 9:50 a.m. Chainnan Clerk of Circuit Court -5- '-' 'WI MAY 16,2000 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA· WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBUC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBUC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., UIÙess 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. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-" ..." ßOARD OF COUNTY COMMISSIONERS www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 AGENDA May 16,2000 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE (9 MINUTES Approve the minutes of the meeting held May 9, 2000. App'(òfd. 2. PROCLAMATION/PRESENTATION Resolution No. 00-93 - Proclai~np the month of Mayas "Civility Month" in St. Lucie County, Florida. R:pprD~1t1L 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ApP(()¡~ . PUBLIC HEARINGS COMMUNITY DEVELOPMENT 15A. \.......// 5B.' Ordinance No. 00-010/ Legislative - Consider staff recommendation to approve the ordinance amending Section 6.00.00, Vegetation Protection and Preservation, and Section 11.0S.06, Vegetation Removal Permit, of St. Lucie County Land Development Code. (second public hearing) Ordinance No. 00-011 / Legislative - Consider staff recommendation to approve the ordinance amending Section 7.09.00, Landscaping and Screening of the St. Lucie County Land Development Code. (second public hearing) ,....r· NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to app.eal any action taken by the Board at tliese meetings will need a record of the proceedings and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the reç¡uest 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 indivlaual testi!ying during a hearing upon request. Anyone with a disability. re!1uirin~ accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462~ 777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ~ ...", REGULAR AGENDA MAY 16, 2000 PAGE TWO PUBLIC HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT (CONTINUED) ieSC) \./' i,~. i~>I SF) ,/' SGi SH.: ~3 Ordinance No. 00-012 / Legislative - Consider staff recommendation to approve the ordinance amending Section 2.00.00 Definitions, and amending 7.09.06, Standards for Native and Drought Tolerant Vegetation of the St. Lucie County Land Development Code. (second public hearing) Ordinance No. 00-013/ Legislative - Consider staff recommendation to approve the ordinance amending Section 7.09.0S(A) (1) Landscaping and Screening, Removal of Exotic Vegetation, of the St. Lucie County Land Development Code. (second public hearing) Resolution No. 00-023 / Robert T. Ryan and Walter P. Ryan / Legislative - Consider staff recommendation to approve the resolution to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit for 8.68 acres of land in the AG-S (Agricultural- 1 du / S acres) Zoning District. Location: Southwest corner of the intersection of Sneed Road and N.S.L.W.M.D. Canal No. 68 ßppíCJV@ - Resolution No. 00-012 / Betty Warren / Quasi-Judicial - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to operate a family residential home within 1,000 feet of another such family residential home in the RS-4 (Residential, Single-family, 4 du/acre) Zoning District. , LOCatiO~ssex Drive (;o¡jJ(JfJ.. ðY1UtA- - - -Hu~SD() I 8(LrMfj¡ (¡fJJ/1i2J Resolution N~.fv~¡ / wa~e Ski:fn;t {~JŒ~{cl~~{de~f?(Æ/ð) recommendation to approve the resolution changing the zoning from the AG-2.5 (Agricultural - 1 du / 2.S acres) Zoning District to the RF (Religious Facilities) Zoning District. Location: Southeast corner of the intersection of Orange Avenue and Eleven Mile Road ApfJ(ðV'd Resolution No. 00-017 / Covenant Project Development Corporation / Quasi- Judicial - Consider staff recommendation to approve the resolution granting Preliminary and Final Planned Development Site Plan approval and a change in zoning from the RS-4 (Residential, Single-Family - 4 du / acre) Zoning District to the PUD (planned Unit Development - Lake Forest Park) Zoning District for the project to be known as Lake Forest Park - PUD. Location: West side of South 25th Street, approximately 900 feet North of Edwards Road !1ppro&..d.. . ._ Resolution No. 00-018 / Riverview Oil / Quasi-Judicial - Consider staff recommendation to approve the resolution approving the extension of the Conditional Use Permit and Major Site Plan approval to allow a self-storage facility for household goods in the CG (Commercial, General) Zoning District. Location: South side of Indrio Road, approximately 700 feet West of Kings Highway ItppmVeeL '-{- / b ( tlh ft - NO '-' """" REGULAR AGENDA MAY 16, 2000 PAGE THREE .\ U/, PUBLIC HEARINGS (CONTINUED) COUNTY ATTORNEY SJ, Ordinance No. 00-19 - Consider staff recommendation to adopt the proposed Ordinance amending Chapter 1- 17, Article II (Street Lighting District) of the St. Lucie County Code oj Ç>rdinapces and Compilep_Laws·u d.. ) ttp(J(()veo- __ -!fó¿,o( ( rfT-.IV Resolution No. 00-86 / Florida Power & Light Company Bond Refunding (TEFRA) - Consider staff recommendation to adopt Resolution No. 00-86 as drafted. This public hearing was continued from April 2S, 2000 and May 9,2000. 11pI)(1JV~ . SK. 6. COUNTY ATTORNEY A. Resolution No. 00-94 / St. Lucie County, Florida / Florida Power & Light Company Bond Refunding - Consider staf~ recommendation to adopt Resolution No. 00-94 as drafted. fJp¡Jrlv'f£t B. Resolution No. 00-95 - Consider staff recommendation to adopt Resolution No. 00-9S changing the name 0); ~he Nortl}port Marina to River Park Marina. ~prôv~ COMMUNITY DEVELOPMENT 8. Resolution No. 00-019 / Amerada Hess Corporation - Consider staff recommendation to approve the resolution granting Major Site Plan Approval to allow the construction of a gas station with a 2,446 square foot convenience store in the CG (Commercial, General) Zoning District for property located on the northeast corner of South U.S. Highway One and Savanna Club B~~ard. /. ' PUBB~~~~ llppmv~-úJl1}1 ~01C 0tØlíifM{ffJ ~'W_A'¿50Ia-ncrxJ ~~I ~~ Declare Building Unsafe / One building located at 420 Poplar Avenue, Port St. Lucie, Florida - Consider staff recommendation to declare the building located at 420 Poplar Avenue, Port St. Lucie, Florida to be unsafe pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, and to hold a public hearing on July lß, 2000 at 7:00 P.M., or as soon thereafter as possible to take such further action as is appropriate under Article III of Chapter 2-S of the Code. .i-h ~ (Jf-I J:rJe- fv ~ 2-1 fp(J~ . - '-' ...,.¡ CONSENT AGENDA Mav 16.2000 1. WARRANTS LIST Approve warrants list No. 33 2. COUNTY ATTORNEY (¡) Agreement Approval / Pan Am International Flight Academy, Inc. - Consider staff recommendation to approve the proposed Recognition, Non- Disturbance and Attornment Agreement with Pan Am International Flight Academy, Inc., and authorize the Chairman to sign the agreement. c~ PCer~dssion tOffFile Suit / BOdar~ of countYhc~mrruh' sSiconers vSA' Robert ~ienff~r - onSI er sta recommen atlOn to aut onze t e ounty ttorney s 0 Ice to file suit against Robert Wiener for failure to pay rent from use of Northport Marina Island. C. Sportsman's Park West - Consider staff recommendation to terminate the January 28, 1986 lease agreement with the City of Port St. Lucie for Sportsman's Park West effective October 1, 2000. UTI LlTI ES '-' "WI BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA May 16. 2000 CONSENT AGENDA A.1 Water Purchase - Consider staff recommendation to approve the temporary purchase of water from Fort Pierce Utility Authority to subsidize reclaimed water at South Hutchinson Island Wastewater Treatment Plant. · '--' ....II OPERATING FUNDS CONTINGENCY REPORT ~ Prepared by Office Management and Budget Presented to the BOCC: May 14,2000 · FISCAL YEAR 1999-2000 FU,."""S APPROVED FROM CONTING~Y GENERAL FUND DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 001-9910-599100-800 900,000 Administration: Downtown Library Property 001-1900-561000-7952 8,570 12/07 001-1900-561002-7952 1,336 12/07 Administration PSL High School Band 001-1900-582030-100 2,500 12/07 Admin/County Atty. Platts Creek Acquisition 001-1210-561000-3112 $78,000 12/07 001-1210-561002-3112 $6,000 12/07 Administration Health Deptllmpact Fees 001-6210-562012-4609 50,598 12/14 County Attorney Platts Creek Acquisition 001-1210-561000-3112 (11,599) 12/14 Marine Safety Lifeguard Towers Repairs 001-2920-546200-200 10,000 03/07 Council on the Aging 10% match/homebound seniors 001-6900-582015-600 18,200 03/07 Civic Center Civic Center Sign 001-7510-563000-700 $95,000 03/14 Administration Impact fees -PSL Athletic League 001-1900-582000-100 7,007 03/14 Administration Florida Grapefruit Coalition 001-1900-582000-100 7,500 03/14 Leisure Services Equestrian Arena 001-7210-563000-76009 108,000 04/11 Administration White City Hisorical House 001-1930-563000-16010 $35,000 02115 Veteran Services Computer 001-5310-564000-500 1,240 04/18 Communications 001-5310-541000-500 800 04/18 Community Development Match for Tree Spade Grant 001133-1525-564000-100 3,000 05/02 Total used: Balance Available 421,152 478,848 Prop0s.ed action: Balance Available After Proposed Action: 478,848 G:\BUDGEnaUATIROIGENERALIFORMSIAMENDMOO.wb3 0510812000 ; FISCAL YEAR 1999-2000 Fo."",pS APPROVED FROM CONTINGb,JY FINE AND FORFEITURE FUND DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 107-9910-599100-800 20,000 Visiting Judges 107 -605-various-1618 2,200 04/25 Total used: Balance Available 2,200 17,800 Proposed action: Balance Available After Proposed Action: 17,800 G:\BUDGEnQUATTROIGENERALIFORMSIAMENDMOO.wb3 0510812000 ~ DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 Ft.J;"",;S APPROVED FROM CONTING~Y UNINCORPORA TED SERVICES FUND ITEM ACCOUNT # Contingency 102-9910-599100-800 Total used: Balance Available G:\8UDGEì\QUA TTROIGENERALIFORMSIAMENDMOO.wb3 05/0812000 AMOUNT DATE 23,560 o 23,560 -¡ DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 Fu..."S APPROVED FROM CONTINGE.JY PORT AND AIRPORT FUND ITEM ACCOUNT # Contingency 140-9910-599100-800 Total used: Balance Available Balance Available After Proposed Action: G:\BUDGEnQUATTROIGENERALIFORMSIAMENDMOO.wb3 0510812000 AMOUNT DATE 50,000 o 50,000 50,000 FISCAL YEAR 1999-2000 FUV APPROVED FROM CONTING£...,,;Y MOSQUITO CONTROL DISTRICT FUND DEPARTMENT ITEM ACCOUNT # AMOUNT DATE Approved Budget Contingency 145-9910-599100-800 74,186 Mosquito Control Pepper Park Addition 145-6230-561000-46501 65,000 10/12 Pepper Park Addition 145-6230-561000-46501 (65,000) 01/25 Total used: Balance Available o 74,186 Proposed action: Balance Available After Proposed Action: 74,186 G:\BUDGEnaUATTROIGENERALIFORMSIAMENDMOO.wb3 05/0812000 ., DEPARTMENT Approved Budget Proposed action: G:I8UOGETlQUA TTROIGENERAL'FORMSIAMENDMOO.wb3 0510812000 FISCAL YEAR 1999-2000 'JNDS APPROVED FROM CONTINGEN( 'JtNITARY LANDFILL FUND (SOLID WAS~ ITEM ACCOUNT # Contingency 401-991o-S99100-800 Total used: Balance Available Balance Available After Proposed Action: AMOUNT 300,000 o 300,000 300,000 DATE · ~ , . DEPARTMENT Approved Budget Proposed action: FISCAL YEAR 1999-2000 IDS APPROVED FROM CONTINGEN . ~RIST DEVELOPMENT FUND(TOURIŠ1IJ ITEM ACCOUNT # Contingency 611-9910-599100-800 Total used: Balance Available Balance Available After Proposed Action: G:\sUQGET\OUA TTROIGENERAl IFORMSIAMENDMOO.wb3 0510812000 AMOUNT 12,419 o 12,419 12,419 DATE '-' ...J AGENDA REQUEST ITEM NO. :2. DATE: May 16,2000 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. 00-93 - Proclaiming the month of May, 2000, as "CIVILITY MONTH" in St. Lucie County, ~Florida. BACKGROUND: Mark P: Barnebey, Chairman of the City, County and Local Government Law Section of the Florida Bar, has requested this Board proclaim the month of May as Civility Month in St. Lucie County. The attached Resolution No. 00-93 has been drafted as requested. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-93 as drafted. f] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: County Attorney: $Y Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicableJ___ Eff. 5/96 '-' .~ ... RESOLUTION NO. 00-93 A RESOLUTION PROCLAIMING THE MONTH OF MAY, 2000, AS "CIVILITY MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. The open exchange of public discourse is essential to the democratic system of government; and, as a cornerstone of democracy, Americans have observed certain rules of behavior generally known as civility. 2. Civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others. 3. Displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government. 4. Civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and can uplift our daily life and make it more pleasant to live in an organized society. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of May, 2000, as "CIVILITY MONTH" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to exercise civility toward each other, not only during Civility Month but each day of the year. PASSED AND DULY ADOPTED this 16th day of May, 2000. ATTEST: DEPUTY CLERK ~ ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~. '-' """ RESOLUTION NO. 00-93 A RESOLUTION PROCLAIMING THE MONTH OF MAY, 2000, AS "CIVILITY MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of 8t. Lucie County, Florida, has made the following determinations: 1. The open exchange of public discourse is essential to the democratic system of government; and, as a cornerstone of democracy, Americans have observed certain rules of behavior generally known as civility. 2. Civility, derived rrom the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others. 3. Displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government. 4. Civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and can uplift our daily life and make it more pleasant to live in an organized society. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of81. Lucie County, Florida: 1. This Board does hereby proclaim the month of May, 2000, as "CIVILITY MONTH" in 81. Lucie County, Florida. 2. This Board urges the citizens of 8t. Lucie County to exercise civility toward each other, not only during Civility Month but each day of the year. PASSED AND DULY ADOPTED this 16th day of May, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN CITY, COUNN A"ND LOCAL GOVERNME'NT LAW SECTION (i») "·0.... '~$ ~"'G' ~RO'\\~ www.loc-gov-Iaw.org CHAIR: Mark P. Barnebey 1001 3rd Avenue W.o Ste. 320 Bradenton, Fl å4205 (941) 364·2400 CHAIR-ELECT: Alexandra M. Maclennan 225 Water Street, Ste. 2100 Jacksonville, Fl 32202·5154 (904) 366-2462 SECRETARYITREASURER: Susan H. Churuti 315 Court Street Clearwater, Fl33756-5165 (727) 464-3354 IMMEDIATE PAST CHAIR: Susan F. Delegal P.O. Box 14070 Ft. lauderdale, Fl 33302·4070 (954) 525-1000 BOARD LIAISON: Michael P. McMahon, Orlando (407) 843-7860 EXECUTIVE COUNCIL: Terms ExpirIng 2000: District 4 Eugene Steinfeld, Margate (954) 972-8830 Terms Expiring ~001: District 1 Cari Lynn Roth Tallahassee (850) 488-041 0 District 2 Kenneth W. Buchman Plant City (813) 752-3172 Terms Expiring 2002: District 3 Craig H. Coller, Miami (305) 375·5151 District 5 Kathryn Kaye Collie Orlando (407) 836-7320 Terms ExpIring 2000: At-Large Members: Emeline C. Acton Tampa (813) 272·5670 Professor James J. Brown SI. Petersburg (727) 562-7855 Lawrence A. levy Miami Beach (305) 673·7470 Thomas G. Pelham Tallahassee (850) 222·5984 Robert N. Sechen Tallahassee (850) 921·4129 Maureen S. Sikora Bradenton (941) 745-3750 Ex-Officio Members: All Past Chairs SECTION ADMINISTRATOR: Carol Kirkland The Florida Bar Mw-i1tR ,VJOD 1°V~ April 27, 2000 The Honorable John Bruhn 2300 Virginia Avenue Fort Pierce, FL 34982-5652 . ~wrnfñ1 Uû~"'li' . . ,'~/!JOO æJ ',~,~;., .'ë. ...-...... " ;'¡~!. C(, Ar. .~. CFI"E ~. ~¡'i'~(- . l j . \... Re: Proclamation and Pledge of Civility Dear Commissioner Bruhn: For a long time, Americans observed certain rules of behavior, known generally as "civility." Today, however, there seems to be a general decline in the conduct among citizens. Too often anger, rudeness and impatience are exhibited in public meetings. While rules of polite behavior may sound stuffy or prudish, there is much at stake in cultivating civility. Civility uplifts our common life, and makes it more pleasant. The art of civility requires constant application everyday. For this reason, the members ofthe City, County and Local Government Law Section of The Florida Bar offer a pledge of public conduct, and ask that your local government proclaim the month <;>fMav as Civility Month. We urge all citizens to exercise civility toward each other. It is my pleasure to enclose a plaque inscribed with the "Pledge of Civility" and the "Proclamation," The plaque is suitable for placement on the podium or other appropriate location. If you have any questions or are interested in having one of the Section's members make a presentation in person, please contact Susan Trevarthen at 954-763-4242. Thank you for your attention to this important matter. ~ Sincerely, ~eJ~~ ..'J m//?~ ~~ t.\,S~'r ~~G1arnebey' /' .y ~d\V^' d-%! Chair \'.¡\{\. "\ \ v ,'\ \ Cl- \Y' . IJ\Y Enclosures · ".. '-' ....., P9(OCL.9LM.9Lrr¡ of){ wliereas, the open exchange of public discourse is essential to the democratic system of government; and wliereas, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; wliereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning citizen, is behavior worthy of citizens living in a community or in common with others; and wliereas, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and wliereas, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and wliereas, civility can uplift our daily life and make it more pleasant to live in an organized society; and wliereas, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. 9{pw, tlierefore, be it reso[ved by the County Commission of the County of that the month of May is proclaimed as Civility Month, and calls upon all citizens to exercise civility toward each other. Passed and adopted this day of ,2000. ATTEST: CLERK --4..-- ,- / AGENDA REQUEST ~TEM NO. 5- A y DATE: May 16, 2000 CONSENT REGULAR PUBLIC HEARING [X ] Leg. [X] Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: q¡r~~ ~mmunity Dev. Director SUBMITTED BY (DEPT): Community Development SUBJECT: Consider Draft Ordinance DO-OlD, Amending Sections 6.00.00, Vegetation Protection and Preservation, and 11.05.06 Vegetation Removal Permits, of the St. Lucie County Land Development Code. BACKGROUND: Draft Ordinance DO-OlD, proposes to amend Section 6.00.00 Vegetation Protection and Preservation, to provide for clarification and general amendments including the following; by amending §6.00.04(E), to increase the period from five years to eight years when a property must remain in agriculture if it is cleared without~benefit of an agricultural exemption being in place; by amending §6. 00.04 (G), to reduce the minimum size of a parcel required to submit a vegetation removal permit from one acre to ~ acre; by amending §6.00.05(A)&(B), by clarifying the internal responsibilities for the processing of vegetation removal permits; by amending §6.00.05(C), by amending the standards for the protection of vegetation to be left on a particular property during permitted land clearing activities; by amending §6.00.05(D), by strengthening the tree protection and mitigation requirements when a protected tree is removed; and by amending §11.05.06, by clarifying the internal responsibilities for the processing of all vegetation removal permits. FUNDS AVAILABLE: Not Applicable. PREVIOUS ACTION: On April 18, 2000, the Board of County Commissioners held the first of two required public hearings on these proposed amendments. At that hearing no final action was necessary on Draft Ordinance 00- 010. RECOMMENDATION: Staff recommends approval of Draft Ordinance 00-010. COMMISSION ACTION: [ ] APPROVED [ ] DENIED IX ) OTHER' ~ ~o~~::~,~::, to ~ for Board Coordination/Signatures discussion and vote. Mgt & Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only): " ."""".. '-' ..., " DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM TO: Board of County Commissioners Amy Mott, Resource Protection coordinato~'\. May 10, 2000 FROM: DATE: RE: Vegetation Protection Advisory Committee's suggested revisions to 00-01 0 The Vegetation Protection Advisory Committee met on May 9,2000, to discuss the BOCC's recommendations from the first public hearing held on April 18th. During the discussion, the committee expressed a general concurrence with the Board's recommendations, however they did bring up a few points that need to be specifically addressed. The first issue deals with the language found in Section 6.00.04 of the Land Development Code (Draft Ordinance 00-010). Under the exemption provisions of the Section, Paragraph G addresses the exemption for single-family homes. The Committee still supports the recommended change in lot size from one acre to one-half acre. However, they felt the Board was not comfortable with that particular change. The Board may wish to consider an alternative change that would leave the current one acre standard, but add a new provision that calls for the protection of any tree greater than twenty four inches (24") dbh, regardless of zoning category. The feeling of the Committee was that if the primary objective of these changes was to protect large historic or heritage trees on a parcel, then perhaps the regulations should be directed towards that particular point. 6.00.04 EXEMPTIONS G. The removal or alteration of protected vegetation except mangrove or dune vegetation, upon any detached single family residential lot or parcel of land having an area of ÐAD (1) one half (1/2) acre or less. This exemption is, however, subject to the following conditions: 1. Nothing in this exemption shall exempt any person from the landscaping requirements set forth in Section 7.09.00 of this Gode; 2. This exemption shall not be construed to allow the removal or alteration of protected vegetation without a Vegetation Removal Permit on any exempted lot or parcel of land by its subdivider unless the subdivider intends in good faith to construct a residential unit or units upon the lot or parcel of land prior to its sale. Advertisement or listing the lot or parcel of land for sale without a residential unit shall create a presumption that the subdivider does not intend to construct such a unit and that the intent is for a subsequent purchaser to develop the lot or parcel. 3. No protected tree twentv-four inches (24/1). or oreater. dbh shall be removed from anv residential parcel (includino those in the AG-5. AG-2.5. AG-1. AR-1. RE-1. and RIG zonino districts). reoardless of parcel size. except bona-fide aoricultural uses, without an approved Veoetation Removal Permit and an approved mitioation plan. The second issue addresses the language found in Section 6.00.05 of the Land Development Code (Draft Ordinance 00-010). Under the Vegetation Protection Standards Section, line d, in Paragraph C. addresses the protection of palm trees preserved on a site during construction. The Committee discussed the extra .,,'''' ~/ "-" .....,; costs and time involved in constructing barricades around each individual palm tree. The intent of the barricades is to protect a tree from mechanical injury to its bark and roots. Palm trees do not have bark and can withstand a great deal of root injuries, including those due to soil compaction and grade changes, unlike woody trees such as Oaks and Pines. The Committee felt that it was too cost prohibitive, as well as unnecessary for the health of the palms, to construct barricades around each palm. Therefore the committee chose to strike the provision requiring barricade placement around palm trees. 6.00.05 CRITERIA GOVERNING ISSUANCE OF PERMIT C. VEGETA TION PROTECTION STANDARDS The following minimum standards for vegetation protection shall be applied to any area of vegetation designated to be preserved under the terms of an approved Vegetation Removal Permit: d. At a mmJ.m/;lm distaRCÐ øf tVI<) (2) root from tho t(/;lnk øf an erotectød Ixllm t."Dos: The final issue also addresses language found in Section 6.00.05 of the Land Development Code (Draft Ordinance 00-010). Under the Tree Protection and Mitigation Section, Paragraph D, outlines the diameter threshold for tree mitigation requirements. The Committee had originally chosen to reduce the size from twenty inches (20") dbh to fourteen inches (14") dbh. The intent of this section is to ensure the replacement of the overall native tree canopy of St. Lucie County. As per direction from the Commission, we reviewed the required contents of a trees survey. In reviewing the different tree diameter threshold, the Committee felt it would be logical to set up two different tree size categories. Therefore, they settled on ·Canopy Trees· and ·Subcanopy Trees·. They then developed definitions for both and set up mitigation standards addressing both tree size categories. D. TREE PROTECTION AND MITlGA TION Prior to the removal and/or grubbing of native vegetation for the purpose of implementing a final development order, the removal plan must demonstrate that reasonable efforts have been made to micro-site impervious surfaces to protect such vegetation. Any native tree at least 2(J -14 12 inches in diameter at breast height (D.B.H.) for those trees defined as canoov trees and 4 inches in diameter at breast heiGht (D.B.H.) for those trees defined as subcanoov trees (exceot for oalms which shall have a minimum clear trunk of ten (10) feet) shall be preserved and protected in accordance with Section 6.00.0S(C), unless the tree is determined to be a safety hazard, prevents the reasonable development of the site, is causing damage to structures or more desirable trees around it, is infected with disease or is infested with insects. The dovoløpef aoolicant for veGetation removal oermit shall demonstrate why the tree is a hazard, diseased, infected, infested or why it is not practically feasible to develop the parcel without removing the tree. The Commuf1ity DOVÐ!opment Public Works Director, in consultation with the Community Develooment Director shall determine the appropriateness of any such claim anQ shaH gÐRSIJIt with tho $t. Lugio LkOOR .c{)restor [;IRQ tho S1. LuÐÍe COlJFlty Ag::fgl:JlWml ExtensiÐR ServfÐo. When a native tree at least 2(J -14 12 inches in diameter at breast heiGht (DB.H.) for those trees defined as canoov trees and 4 inches in diameter at breast heiaht (DB. H.) for those trees defined as subcanoov trees (exceot for oalms which shall have a minimum clear trunk of ten (10) feet) is considered to be healthy and the CommuRfty DO'/8lÐpment Public Works Director has approved its removal based on meeting one or more of the above standards, the Vegetation Removal Permit shall only be issued after an acceptable mitigation plan has been reviewed and approved by the Community DO'/Ø!øprnoRt Public Works Director. Prior to the issuance of any zoning compliance, certificate of capacity or other recognized authorization for the commencement of the permitted development activity, the replacement trees shall be planted, relocated or preserved or the appropriate mitigation fees shall be paid to the County. Mitigation shall be required for the loss of any healthy, native tree of at least 2(J -14 12 inches in ,,/"" '-" ....,I ". diameter at breast heiaht (DB.H.) for those trees defined as canODV trees and 4 inches in diameter at breast heiaht (DB. H.) for those trees defined as subcanoDV trees and shall include the following. 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the meanings herein ascribed to them. Tree, Canopy: Any self-supporting woody plant of a species which normally attains a minimum average crown spread of twenty feet (20') or greater, including but not limited to Live Oak, Laurel Oak, Slash Pine, Sand Pine, Bald Cypress, and Red Maple. Tree, Subcanopy: Any self-supporting woody plant of a species which normally attains a minimum average crown spread of twenty feet (20') or less, including but not limited to Dahoon Holly, and all species listed as 'Tropical Hardwood Hammock Trees '~ cc: Dan McIntyre, County Attorney Doug Anderson, County Administrator L '-' .....,¡ , ,. DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM DATE: Board of County Commissioners Amy Molt, Resource Protection COOrdinat~ May 10, 2000 TO: FROM: SUBJECT: Ordinance No. 00-010 Attached is a copy of Draft Ordinance 00-010, which proposes to amend Section 6.00.00, Vegetation Protection and Preservation, of the County's Land Development Code. In the fall of 1999, the County Commission established a Vegetation Protection Advisory Committee whose charge was to review the County's landscaping and vegetation protection guidelines, and to recommend modifications, as it felt necessary to further the objective of vegetation and habitat preservation. The Vegetation Protection Advisory Committee met six times from June 1999 to December 1999. The first of two required public hearings was held on April 18, 2000, for the review of the proposed amendments. Draft Ordinance No. 00-010 is an ordinance amending Sections 6.00.00, Vegetation Protection and Preservation, and 11.05.06, Vegetation Removal Permits, to provide for clarification and general amendments as follows: 6.00.00 Vegetation Protection and Preservation 6.00.03 (A) Vegetation Removal Permit Required This section was amended by the addition of the word any to the description of protected vegetation, the addition of the sentence The Vegetation Removal Permit application shall be completed in conformance with Section 11.05.06 of this code, to make reference to the section in the LDC outlining the procedure for obtaining a vegetation removal permit, and the addition of the sentence, Protected vegetation shall include all native vegetation, to clarify the definition of protected vegetation. 6.00.04 (A), (C), (D), and (J) Exemptions These sections were amended by the addition of the word any to the description of protected vegetation. I1l' '-" ..., / /' 2 6.00.04 (E) Exemptions This section was amended by increasing the period from five (5) to eight (8) years when a property must remain in agriculture if it is cleared without the benefit of an agricultural exemption being in place. 6.00.04 (G) Exemptions This section was amended by reducing the minimum size of a parcel required to submit a vegetation removal permit application from one acre to one-half acre. 6.00.05 (A), (B), (C) and (D) Criteria Governing Issuance of Permit These sections were amended by the addition of language clarifying the internal responsibilities of the Public Works Director and the Community Development Director in the processing of vegetation removal permits. 6.00.05 (B) LIMITING REMOVAL OR ALTERATION A new paragraph, a, was added in outlining native upland habitat preservation requirements. "When native vegetation communities exist on a property greater than five acres (except as provided for in Section 6.00.04 (£)), a minimum of fifteen percent of any existing native upland habitat on the property must be preserved in its natural condition. To be considered a native vegetative community, that community must have native habitat which includes intact canopy, understory and ground cover. " 6.00.05 (C) Vegetation Protection Standards Language was added to strengthen the standards for protecting vegetation to be left on a property throughout permitted land clearing activities and site development. The word conspicuous was added to describe protective barriers. Safety fencing was added to the list of allowable barrier materials. Language was added stating that protective barriers will be constructed and maintained throughout the entire construction period. The minimum distance of protective barrier distance was changed from six (6) feet to ten (10) feet in an effort to decrease root compaction and damage to protected trees during construction. Distance between stakes was decreased from fifty (50) feet apart to twenty (20) feet apart. Wording was added to specify that barriers should be constructed to form a continuous unbroken perimeter around the areas to be protected from clearing activities. A section was added stating In the event that any protective barriers are removed or altered and clearing activities are conducted within an area identified for preserve under the issued vegetation removal permit, the Public' Works Director is authorized to direct that all land clearing and site alteration work at the site be stopped until the barriers are restored and any necessary corrective actions taken to repair or replant any vegetation removed or damaged as a result of these encroachments. The options of possible activities allowed in a vegetation protection area were limited to assure that the preserve area be maintained in its natural state so as not to alter the water and oxygen content of the soil and upset its natural function. A section was added, covering unavoidable activities in the root areas of protected trees, stating that These modifications shall be based upon the suggested standards in the latest edition of the 'Tree Protection Manual for Builders and Developers" published by the Division of Forestry of the Florida Department of Agriculture and Consumer Services, or a similarly recognized reference manual. Heavy machinery ,. I. '-' .....,; 3 prohibited in designated preservation areas was changed to include any equipment, including passenger vehicles. A section was added to outline enforcement measures for violations of the protected vegetation standards. Vegetation destroyed or damaged as part of the development of a site or parcel, shall be replaced by vegetation of equal environmental value as specified by the Public Works Director, in consultation with the Community Development Director, before any occupancy or final use permit authorizations are issued. 6.00.05 (D) Tree Protection and Mitigation This section was amended by decreasing the size of a tree that requires mitigation from twenty (20) inches to fourteen (14) inches (except for palms, which shall have a minimum clear trunk of ten (10) feet). Developer was changed to specify applicant for vegetation removal permit. Language was added to clarify the internal responsibilities of the Public Works Director and the Community Development Director in the determination of protected trees. The quantity of replacement trees for all native species (except palms) approved for removal was increased from one inch to two inches dbh required mitigation credits per one inch dbh removed with approval. All mitigation trees shall meet the minimum requirements of Section 7.09.03 (E), Landscaping and Screening, as well as measure at least three inches dbh. The formula for calculating mitigation credits was simplified. All native trees protected, relocated, or planted on-site, which meet these minimum requirements, will count as a credit toward the required mitigation at a ratio of one inch preserved (over the three inch minimum) for one inch removed. Each palm tree that is preserved through on- site protection or relocation will count towards any required palm tree mitigation requirement at a ratio of one palm tree preserved/relocated is equal to one palm tree removed. A section was added stating As part of the issuance of any Final Development Order/Permit requiring the mitigation of trees as set forth in this code, the property owner shall submit to an inspection of the planted/preserved materials 18 months after the issuance of a certificate of occupancy or other use authorization as may be granted by the Public Works Director for the County. If it is determined that the planted/preserved trees are dead, diseased or otherwise not in compliance with the provisions of this Code and the original approved mitigation plan, the property owner shall be provided notice and directed to correct any observed deficiencies and replace all noncompliant trees within 60 days. Failure to maintain all required landscaping shall be grounds for referral to Code Enforcement Board for appropriate enforcement actions. The Public Works Director is authorized to include within the building permit fee, adequate charges to cover the costs of enforcing the requirements of this section. 11.05.06 Vegetation Removal Permits References throughout this section made to the Community Development Director were changed to the Public Works Director. , " ~ '-tI 4 11.05.06 (B) (2) This section was changed to require that an illustrative plan of the existing vegetative conditions on the project site, including an identification of what areas will be impacted by the proposed development activity and what areas are proposed for protection/preservation. The individual location of all County protected trees that are twelve inches (12") dbh for those trees defined as canopy trees and four inches (4") dbh for those trees defined as sub-canopy trees (except for palms which shall have a minimum clear trunk of ten feet (10'), that are located within all areas of proposed improvement areas and within twenty feet (20') of all proposed improvement areas shall be shown on the illustrative plan. , '-" ,..." 1 ORDINANCE NO. 00-010 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 4 DEVELOPMENT CODE BY AMENDING SECTION 6.00.00 VEGET.. TION 5 PROTECTION AND PRESERVATION, TO PROVIDE FOR RIF ION 6 AND GENERAL AMENDMENTS AS FOLLOWS; AME CTION 7 6.00.03(A) TO CLARIFY WHEN A VEGETATI RE RMIT IS 8 REQUIRED; BY AMENDING SECTION 6.00. , B), ( NO (J), 9 EXEMPTIONS TO PROVIDE THAT THE E PTION PLY 10 TO PROTECTED NATIVE TREES, TO THE 0 A 11 DESCRIPTION OF PROTECTEDVEGETA ENDING 12 6.00.04(E), EXEMPTIONS, TO INCREAS 100 FROM FI 0 13 EIGHT YEARS WHEN A PROPERTY MU N AGRICULTURE 14 IF IT IS CLEARED WITHOUT BENE6 GRICUL TURAL 15 EXEMPTION BEING IN PLACE; BY A NDIN 6.00.04(G), 16 EXEMPTIONS, TO REDUCE TH M SI A PARCEL 17 REQUIRED TO SUBMIT A VEGE VAL IT FROM ONE 18 ACRE TO % ACRE; BY A .05(A) AND (B), 19 CRITERIA GOVERNING TH T, BY CLARIFYING 20 THE INTERNAL RESPO ROCESSING OF ALL 21 VEGETATION REMO 0 PROVIDE FOR THE 22 PRESERVATION OF XISTING NATIVE UPLAND 23 HABITAT ON PR E FIVE ACRES; BY AMENDING 24 S N 6.0 ERNING THE ISSUANCE OF 25 Y A THE ARDS FOR THE PROTECTION OF 26 N TO N A PARTICULAR PROPERTY FOLLOWING 27 NO ACTIVITIES; BY AMENDING SECTION 28 RIA NING THE ISSUANCE OF PERMIT, BY 29 T E PROTECTION AND MITIGATION 30 N A PROTECTED TREE IS REMOVED; AND BY 31 11.05.06, VEGETATION REMOVAL PERMIT TO 32 R FERENCES FROM COMMUNITY DEVELOPMENT 33 DIRECTOR 1: PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 34 (A)(4) TO REQUIRE THAT CANOPY TREES THAT ARE 12 35 GREATER, IN DIAMETERATBREASTHEIGHT(D.B.H.)AND 36 OPY TREES 4 INCHES, OR GREATER, IN DIAMETER AT -------------------------------- Ordinance #00-010c Draft #3 Underline is for addition £triJre TRrsH!j'R is for deletion Redline is suggested amendments from Bce Review 4/18/00 Page 1 PRINT DATE: 05/09/00 '-' ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 BREAST HEIGHT (D.B.H.), EXCEPT FOR PALMS WHICH SHALL HAVE A MINIMUM CLEAR TRUNK OF TEN (10) FEET BE SHOWN ON A VEGETATION REMOVAL PERMIT APPLICATION; BY PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WI THE DEPARTMENT OF STATE; PROVIDING FOR AN EF I ATE; PROVIDING FOR ADOPTION AND PROVIDIN FOR ION. WHEREAS, the Board of County Commissioners 0 the following determination: 1. On August 1, 1990, the Board of Co County, Florida, adopted the St. Lu Code. 2. The Board of County Co amend ments to the St. L through the following Ord' - 7 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 20, 1999 November 2, 1999 , 2000, the Local Planning Agency! Planning and mmission held a public hearing on the proposed ordinance ishing notice in the Port St. Lucie News and the Tribune at days prior to the hearing and recommended that the sed ordinance be approved. -------------------------------- underline is for addition ÐErilte TRreti~R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-010c Draft #3 Page 2 PRINT DATE: 05/09/00 þ \..; "'-" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 4. On April 18, 20000, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on April 7, 2000. 5. On May 16, 2000, this Board held its second public hearin proposed ordinance, after publishing a notice of su h Port St. Lucie News and the Tribune on y 4, 2 6. The proposed amendments to t Development Code are consistent objectives and standards ofthe St. Lu and is in the best interest of the healt citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by Lucie County, Florida: mmissioners of St. PART A. THE SPECIFIC AMENDMEN READ AS FOLLOWS, INCL ND DEVELOPMENT CODE TO APTER VI OTECTION STANDARDS ROTECTION AND PRESERVATION rd of County Commissioners to provide for the health, safety, and welfare of the rs to St. Lucie County by establishing an administrative review process which ation of native habitat in accordance with the St. Lucie County Comprehensive Plan and d forest management practices by minimizing the unnecessary removal of valuable existing -------------------------------- Underline is for addition ÐI;;E'iJre TRE'SIi'!'R is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #00-010c Draft #3 Page 3 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 "-r """'" vegetation in advance of approved land development within the unincorporated area of St. Lucie County. In addition, it is the intent of the Board to prevent such destructive land development practices as speculative grubbing and clear cutting of land without a site plan or vegetation management plan. 6.00.02 RELATIONSHIP TO OTHER SECTIONS OF THIS CODE A. The provisions of the following Sections shall supersede the provision of conflict. 1. Mangrove Protection, Section 6.01.00; 2. Environmentally Sensitive Lands, Section 6. 6.00.03 VEGETATION REMOVAL PERMIT REQUI A. No person shall remove or alter any protected veg portion thereof in the unincorporated area of St. L Removal Permit from the Community Development this Code. The Ve etation Removal Permit Section 11.05.06 of this code. Protected v B. Unless otherwise provided in this C County government, shall be subje shall not be subject to: "g all departments of St. Lucie ection. Public entities, however, 1. 2. C. ntra this Chapter, the activities set forth below shall not require the it. The burden of proving entitlement to any particular exemption shall ing the exemption. These exemptions shall not apply to the removal or , dune vegetation or native trees protected as per Section 6.00.05(0). ration of any protected vegetation as necessary for the following activities: aring of a path not to exceed four (4) feet in width to provide physical access or view ssary to conduct a surveyor site examination for the preparation of bona fide site evelopment plans or vegetation inventories; or -------------------------------- Underline is for addition £triJre Ta£sCll!'a is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #00-010c Draft #3 Page 4 PRINT DATE: 05/09/00 .. It 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 , \w' ..., 2. The clearing of a path not to exceed ten (10) feet in width to provide vehicular access necessary to conduct soil percolation or soil bore tests, provided such clearing or removal is conducted under the direction of Florida registered surveyor or engineer. Any person who intends to remove or alter any protected vegetation pursuant to the a ove exemption must notify the Community Development Director in writing at least two (2) prior to the commencement of the removal or alteration. B. Routine landscape maintenance such as trimming or pr intended to result in the eventual death of the vegeta . landscaping or gardening activity which is com replacement or relandscaping. C. The removal or alteration of any protected vegetatio provided such work is done by or under the control of has obtained all necessary licenses or permits to pr D. The removal or alteration of anv protected vegetatio to a site. E. The removal or alteration of protected commercial nursery, tree farm, agri removal or alteration is performed above operation and is performe vegetation, other than rou development order shall be either: ul operating and bona fide ar operation, provided that the ed by the person conducting the en removal or alteration of protected performed under this exemption no or improvement on the same land within of such vegetation removal or alteration provided been granted for that land by the 51. Lucie County e date of completion of such vegetation removal or alteration n has been granted by the 51. Lucie County Property Appraiser. tected vegetation shall be conducted pursuant to this exemption unless emoval or alteration notifies the Community Development Director, in ove or alter protected vegetation pursuant to this exemption at least ten initiation of the removal or alteration. otected vegetation which has been destroyed or damaged beyond saving by natural es not covered by other sections of this Chapter or which constitutes an immediate roperty, or other trees. -------------------------------- Ordinance #00-010e Draft #3 Underline is for addition Gtrike Tkre~~k is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 5 PRINT DATE: 05/09/00 . - . .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-' -...I G. The removal or alteration of protected vegetation except mangrove or dune vegetation, upon any detached single family residential lot or parcel of land having an area of eRC (1) one half (1/2) acre or less. This exemption is, however, subject to the following conditions: 1. Nothing in this exemption shall exempt any person from the landscaping r forth in Section 7.09.00 of this Code; 2. This exemption shall not be construed to allow the remo vegetation without a Vegetation Removal Permit yexe subdivider unless the subdivider intends in go to co upon the lot or parcel of land prior to its sale. isement for sale without a residential unit shall crea presum intend to construct such a unit and that the i . the lot or parcel. H. Vegetation removal or required by law, ordinance, governmental authority. I. Mining activities undertaken pursuant to a vali Code. J. The removal or alteration of any nonp 6.00.05 A. e Community Development Director shall issue a if a co application has been submitted to the Public Works . nt evidence demonstrating that at least one of the following criteria of the protected vegetation is necessary in order to implement er. nt Order has not been issued, or is not required by this Code for the cultural use of the land and, e proposed removal or alteration of protected vegetation is not to be performed ursuant to the operation of a tree farm, commercial nursery, agricultural operation, ranch or similar operation; and, The proposed removal or alteration of protected vegetation is the minimum -------------------------------- underline is for addition £E!'iJte TR!'8\i!JR is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #00-010c Draft #3 Page 6 PRINT DATE: 05/09/00 ." ~ '-' ....., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 necessary to allow for the construction of the intended use or improvement; and, c. The applicant has provided the CeR'lR'luRity Dcvclepf'flcRt Difcetef Public Works Director a survey of the property outlining the areas of proposed vegetation removal or alteration including the location of all trees as outlin in Section 11.05.06(2)(A)(4). d. The applicant has provided the Director a written plan to control erosion of the proposed vegetation alteration approved by the the commencement of any vegetati shall be incorporated as express paragraph. 3. The protected vegetation is located within easement, drainage easement or stormwa 4. The protected vegetation is located w or a nuisance with respect to existi afety or health hazard, icle or pedestrian routes. B. a. alter any protected vegetation shall be limited by the Public Works Director to the minimum necessary to e removal or alteration. This may include limiting the extent of r parcel of land or specifying special conditions by which uch limitation shall be clearly indicated in writing on or attached Rem al Permit. If vegetation removal is limited to a portion of a lot or ent of such limitation shall be clearly delineated on the face of any site Imum standards for vegetation protection shall be applied to any area of vegetation e preserved under the terms of an approved Vegetation Removal Permit: conspicuous. suitable protective barrier, constructed of ffi metal, wood, safety fencinq or -------------------------------- underline is for addition 8tFilre Tkre\i~k is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-010c Draft #3 Page 7 PRINT DATE: 05/09/00 ~ . '¥ '-' "'wI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 other durable material, shall be placed and maintained around individual protected trees, as follows: a. At a minimum distance of six (6) feet or more from all species of mangroves; or b. At a minimum distance of either ~ ten (10) feet or of the dripline from all protected hardwood trees, whi c. At a minimum distance of either ~ te all protected conifer trees, whichever d. At a minimum distance of two (2) fe e. As otherwise provided in special Permit. Unless otherwise provided by law or in Vegetation Removal Permit, groups of prot shall not require protective barriers. by the installation of stakes at a m tape, ribbons, or similar materi protected area to form a co . from clearinQ activities. No care shall be taken that can see the limits of 2. 'al conditions attached to a egetation to be preserved rominently highlighted eet apart. Ropes, plastic around the perimeter of the und the areas to be rotected ched to a protected tree. Special arked so that equipment operators 3. all remain in place until removal is authorized s Director or until issuance of a certificate of tion preservation area shall eitRer be: be maintained in its natural state so er the water and ox en content of the soil and u set its natural function. 6f -------------------------------- Underline is for addition CtriJre Thre~!!k is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-010c Draft #3 Page 8 PRINT DATE: 05/09/00 .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . '. '-' ...,./ c. DC3i§Rce te ceRferffl te tRC JeRe3cepiR§ fce¡uircfflcRt3 ef tRi3 Ceec. 5. 6. No soil shall be removed from within a vege 7. No fill material, construction material, concr shall be stored, deposited or disposed of wit 8. No signs, permits, wires, or other attach damaging nature, shall be affixed or attac 9. If landscaping is to be installed protective barriers or designati and hand labor. n area after removal of ished using light machinery 10. .1L D. g of native vegetation for the purpose of implementing a final ova Ian must demonstrate that reasonable efforts have been made to s to protect such vegetation. 14 inches in diameter at breast height (D.S.H.) (except for palms which m clear trunk of ten 10 feet shall be preserved and protected in accordance (C), unless the tree is determined to be a safety hazard, prevents the reasonable e site, is causing damage to structures or more desirable trees around it, is infected is infested with insects. The ecveleper applicant for veaetation removal permit shall why the tree is a hazard, diseased, infected, infested or why it is not practically feasible p the parcel without removing the tree. The CefflffluRity DC'o'clepfflcRt Public Works Director, -------------------------------- Ordinance #00-010c Draft #3 Underline is for addition £triJte Taretl!j'R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 9 PRINT DATE: 05/09/00 '; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .... ,. '-" ......, in consultation with the Community DeveloDment Director shall determine the appropriateness of any such claim ElFIe 3~ell ceFl3ult '¡¡ith thc St. LI:Jcic Ur68F1 r erester eFle the St. Lucie CeuFlty Agricl:Jltural Extcf13ioFl SefVice. When a native tree at least 2G 14 inches D.S.H. (exceDt for Dalms which shall have a minimum clear trunk of ten (10) feet) is considered to be healthy and the .,,, Public Works Director has approved its removal based on meeting one or more standards, the Vegetation Removal Permit shall only be issued after a/'l accepta n plan has been reviewed and approved by the CeffiffiuFlity DcyclepfficFlt R ;'c Wor ior to the issuance of any zoning compliance, certificate of capacity r re rization for commencement of the permitted development activ the repla II be pia relocated or preserved or the appropriate mitigation shall b Mitigation shall be required for the loss of any healt exce t for alms which shall have a minimum cle following: 1 . the replacement trees, either preserved, rei other native species as the tree(s) ap 2. the quality and size of the requirements set forth in Sec' et the minimum landscape 3. protect e that are in excess of the minimum requirements of )!£1 will count as a credit toward the required mitigation of any a be removed as art of the ve etation removal ermit. For ter than 3 inches d.b.h. se'o'ed; that is Dreserved throuQh on- edit of ~ ~ inch Dreserved for one inch removed will be any required mitigation. ; all native trees cated on-site that exceed the minimum re uirements of Section 7.09.03 E will ount as credit towards the reauired mitiQation of any Drotected trees that may be removed as Dart of the veaetation removal Dermit. For each inch of tree Qreater than 3 inches d.b.h. relocated on-site. a credit of one inch relocated for one inch removed will be aranted towards any reauired mitiQation. -------------------------------- Ordinance #00-010c Draft #3 Underline is for addition £E£ihe TRreli~R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 10 PRINT DATE: 05/09/00 , " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -.. "0 ~ '-' c. 4. The replanting design shall provide adequat 5. When the property being developed is not may mitigate off site on public lands in the a. obtain written permission from th necessary replanting plan. The d implement the replanting plan, in and labor; or ublic entity to implement the e all necessary services to funding, plant materials b. contribute $200 per inc County's discretion f environmentally un on public lands. he County to be used at the aintenance of publicly owned eating or replanting native trees med by a qualified professional. Q... elopment Director may impose supplemental requirements as a special condition emoval Permit when necessary to carry out the intent of this Section. These tandards shall be based upon the suggested standards in the latest edition of the tion Manual for Builders and Developers" published by the Division of Forestry of the epartment of Agriculture and Consumer Services, or a similarly recognized reference -------------------------------- Underline is for addition Ðl:riJ[e TRr8~!!,R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 11 PRINT DATE: 05/09/00 ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ::. ~ ...., '-' manual. **************************** CHAPTER XI ADMINISTRATION AND EN 11.05.00 PROCEDURE FOR OBTAIN 11.05.06 VEGETATION REMOVAL PERMI A. GENERAL PERMIT REQUIRED 1. No person shall remove or alter protected v the unincorporated area of S1. Lucie Permit from the Public Works Dir under Section 6.00.04 of this Y lot or parcel of land in a Vegetation Removal . , unless exempt 2. Any person desiring a Vege Works Director e written application to the Public g forms provided by the Director. 3. e, a Preliminary Vegetation Removal plan C1 in accordance with Section 11.02.00. A in substantial conformity with the requirements Code. A preliminary vegetation removal plan does B. shall be accurately completed, signed by the land owner or his agent f the application is submitted by an agent, it shall include a notarized early indicating that the land owner has delegated full authority to the agent to e permit and that the owner accepts any special conditions which may be imposed blic Works Director CeffiffiuRity De't'clepffiemt Difceter, pursuant to this Code. h application for a Vegetation Removal Permit shall be accompanied by a: -------------------------------- underline is for addition StFi]te TRFe1i~R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 12 PRINT DATE: 05/09/00 Ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ..... " '-' '-' a. Vegetation inventory which shows: 1. The approximate location, extent and general type of all vegetation on the subject lot or parcel of land, including common ðf and scientific names ofthe major groups of vegetation; 2. All protected vegetation proposed for either r 3. The proposed buildings, struct drawn to scale; and 4. that are ment and within twenty (20) feet II be shown on the illustrative plan. ent, improvement areas shall include all m buildable areas, as identified in Section f6!! JOalls (all specics) sRd ether COURty pretected Trees (except a3 Rated hereiR) Trepical/Sl:Jbtrapicsl Speeies ~ 8!l lie Works Director COffiffiuRity DevclapffieRt Direetor, may require that the ation include such additional information necessary for adequate administration of this ction. -------------------------------- Underline is for addition 8Erilte TRrSti!!R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 13 PRINT DATE: 05/09/00 Ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '*' .. '-' "wtf 4. Two (2) copies of the application and accompanying documents shall be submitted to the Public Works Director CeR'lR'll:lRity De'iele¡3R'1CRt Dircctor,. 5. The completed application shall be accompanied by an application review fee established in accordance with Section 11.12.00 of this Code. Additionally, Payment of a plicable permit and inspection fees, established in accordance with Section 11.12.00 of t ' ode, shall be required prior to issuance of the Notice of Intent as describe io .05.06(D) of this Code. 6. The filing of an application shall be deemed Director CeR'lR'lI:lRity De't'cle¡3R'1eRt Direeter, purposes of evaluating the application. C. REVIEW OF APPLICATIONS FOR VEGETATION 1. The Public Works Director Removal Permit Application and render a working days of submission. If the applica to the applicant with an identification of determined to be incomplete mus Dcvele3R'1CRt Direeter, within thO Any application not returne application fee. , shall review each Vegetation ompleteness within two (2) lete, it shall be returned exists. Any application s Director C6R'1R'1URity ification of incompleteness. ect to the payment of a new 2. en determined to be complete, the Public , shall review the application and approve, , based on the standards set forth in Section within thirty (30) days from the initial date of tion shall be deemed to have been approved in ded in the application. D. ks Dir ........... ' shall conduct an inspection of lopmêflt site and upon determination of compliance with the provisions of code, shall issue a Vegetation Removal Permit. No Vegetation Permit he Public Works Director CeR'lR'lI:lRity Dcvele3R'1eRt Direeter, has verified e provisions of Section 6.00.00 of this code. A Vegetation Removal Permit ed on site. ed, a Vegetation Removal Permit must be prominently displayed upon the subject -------------------------------- Underline is for addition Gtril£e TRr81i~R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 14 PRINT DATE: 05/09/00 Ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 -.. .. '"wII '-' E. TERM OF VEGETATION REMOVAL PERMITS 1. A Vegetation Removal Permits issued with a Final Development Order shall be valid for the term of the Final Development Order and shall be renewed, as necessary, with the site development plan. 2. Vegetation Removal Permits issued without a Final Developme a term of six (6) months and may be renewed for a¡second s· for renewal must be made in writing to the Publi f~'. ks D Direeter prior to- the expiration of the permi Pub Devele¡9ffieRt Direeter determines that site ons have date of issuance of the initial permit as a res natural high winds, hurricane, tornado, flooding, fire reapplication and full review. The determin Devcle¡9fficRt Direeter regarding the necess within ten (10) working days of receipt determination is not made within that pe renewed. 3. Unless renewed as provided abov void if the work authorized by t date of the permit. shall expire and become hin six (6) months after the 4. Unless renewed as provo void if authorized r abandoned for a pe val Permit shall expire and become ced, is suspended, discontinued, or six (6) months. 5. mes void after work has commenced, a new esumed. Any new application for a Vegetation all applicable standards in effect that the time of F. determines that any land development onditions of an issued Vegetation Removal Permit or the provisions of y issue a Stop Work Order on the development site in question and ppropriate review and enforcement in accordance with Section 11.13.03 on by the Public Works Director Ceffiffil:JRity De'¡elepffieRt Dirceter may be appealed to CI of Adjustment, in accordance with the provisions of Section 11.11.00 of this Code. -------------------------------- Underline is for addition ÐE£iJEe TR£eu!j'R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 15 PRINT DATE: 05/09/00 ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ... . ..., '-' ******************************** PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated are ordinances and County resolutions, or parts thereof, in conflict wit ordin this ordinance to the extent of such conflict. PART C. SEVERABiliTY. If any portion of this ordinance is for any reason held or decl such holding shall not affect the remaining portions of this ordi shall be held to be inapplicable to any person, property, or applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINA This ordinance shall be applicable througho PART E. itied copy of this ordinance to the Bureau of Capitol, Tallahassee, Florida 32304. vote on this ordinance was as follows: xxx xxx -------------------------------- Underline is for addition ÐtriJœ TRrB~~R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 16 PRINT DATE: 05/09/00 ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 - " "-' ......, Commissioner Paula Lewis xxx Commissioner Cliff Barnes xxx Commissioner Doug Coward PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the S1. Lu word "ordinance" may be changed to "section", "article", or ordinance may be renumbered or relettered to accomplish through H shall not be codified. PASSED AND DULY ENACTED this _ day of May, 200 ATTEST: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -------------------------------- Underline is for addition £t:dJEe Tarsti!'a is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-010c Draft #3 Page 17 PRINT DATE: 05/09/00 ~ ,;:,~}j1~~\iW{t~TICQ .:;<,¡,\,~,,.t':',.; r,:·ôFì¿Ç·ØNG . .;:...,' ~. "., , ; , ~{t}F, AFF~.CTI~ç:'r~i' , ~ ~_.:~:~,;'.,::,,: .-.··\V~"'...",_.·.:<:-..- .\-:.... '::, ~':-;'\~~,~~~:"'" _ ':'~~' ',' ,',' ~. ~~fc~~!~,\':!Jc'e: ç~.~nty, ,Bo'~'9fi CountY,·:,çq~J~!oners propose. to 'adopt the :'!;~ r~tJ;',;~~~~,,~'~S~~':{"i~;~':;:" . ... . ·Nf~dÃDIÑANCE;"~:~MÊNÔ¡NG<TÁË':''¡::ST, LUCIE" COUNTY LAND ib,... .' ,.9P:MENT CODE BÝ·;ÂM~N¡jíNG ·:·SECTION 6~00.00 VEGETATION J~;rg<W0N ·AND PRESERVAr,qN, To"e~OVIDE FOR CLARIFIC,ATION AND ~Af.AENDMENT<:! AS', FO~~b!D..ING SEGJ'IQN.6 OO.03(A), TO ~wtiÊt:I~~E1'Â~ä~eRMtT*¡S~''R'Ed(jIÄEÖ;''BŸ AMENDING SECTION 6.oo.04(A),(B), (C), (D), (E) AND (J), EXEMPTIONS, TO :ADD THEWORQANY TOTHE,PESCRIPTION OF PROTECTED VEGETATION; BY AMENDING SECTION 6.00.04(E), EXEMPTIONS, TO, INCREASE THE PERIOD FROM FIVE TO EIGHT YEARS WHEN A PROPERTY, MUST REMAIN IN AGRICULTURE IF IT IS CLEAREDWITHQUt'BENEFITÒFAN AGRiCULTURAL exeMPTION BEING IN PLACE; "BY' ·ì\MENDINGSECTiON 6.00.04(G), 'ExeMPÌ,]ONS, TO· REDUCE THE MINIMUMSìzEOFA f=I,ÁRCELREOUJRED TO sUBMiT: A\ìEGÈTÂTION REMOVACPERMlt FÁOM ONE ACRE TO 1/2 ACRE; BY·AMENDED SECTION 6.oo~05(A) AND (B), CRITERIA GOVERNING THE ',íSSUÅNC~'OF PERMIT, BY CLARIFYING THE INTERNAL RESPONSIBILITIES f~W;THê ,PI:¡OÇESSI,NG OF:ALL' 'VEGETATION REMOVAL PERMITS; BY 'AMENDING SECTION . 6.oo.05(C), CRITERIA GOVERNING THE ISSUANCE OF P~MlTi BY AMENDING THE STANDARDS FOB THE PROTECTION OF .vEGETATION TO BE LEFTON A PARTICl)LAR PROPER¡;YFOLlOWING PERMITTED LAND CLEARING ACTIVITIES; , . BY AMENDING SECTION ·ij~ºº;P5(Q), CHITERIA GOVERNING]~~,~~,S~t\f'J9~9F PE.~.M'J\ BYl\ME,~PING :u:!~~'TREE P~OTECTION. .J\Nº~MmGJ.\:rl.QN :J~EOl!!RE;.MENTS WHEN¡.,A ~~Q.1E,P.JED TI1EE IS REMOVED; A~D"BY "A~,!;NDI~G 'SECTION 11.05.06, ~GEiA.TIQN REMOVAL PERMIT TO·-CHANGE~THE'if"¡I:FERENCES FROM COMMUNITY'DEVELOPMENT DIRE,CTORl"p,PUBLlC WORKS DIRECTOR; BY ~ËÑDINGSECTION 11.05.06(B)(2)(A)(4f',tO REOUlfU: THAT ALL TREES, REGARDLESS OF SPECIES TYPE, ABOVE FIVEINCHES'D.B.H. OR 15 FEET IN He.IßÍ:i1 BE'SHOWN ON A VEG'ETATIONREMOVAL PERMIT APPLICATION; BY PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEV,ERABILlTY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFF,ECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATIÒN. ".. - . f·.... A PUBLIC HEARING on Ordinance 00-010 will be held before the St. Lucie County Bo8røof Commissioners on Tuesday, May 16, 2000, at 7:00PM or as soon thereafter as possible, in Commission Chamb~rs of the Roger Poitras Annex, 2300 Ýili~;~~e~ ft. ,Pierœ, Fl., ~att~~ a~~Ç,tiØ~Y.9P,~p~~Sonal ~nd prop.erty rights may biJïeard and acted upon. All interested persons are invited to attêridand ~ heard; W~~n.CC>.mments reœived in advance ofth~p'u,Qjç,ib~~ring'w.iil· á'/so b~ heard.' ·Jl~q-#(~f:r.·}~~ '. '¡.'''' -';.' ',' ",':, . :.'....,_._ :....,!t:~$~):1;;d~ ;,',.: :-'-. I. ..-....~..,...~.............":'...... '-.-,..~..-...''''-''"-~......_:.' ". Th~\:PI,Irpose of thispublic.~Oearingis to, amen: theSt'Lucie County Land D$~ëJópment Code to provide for amendments to the regulations governing ....""",. 'ÒrtLpf,'eícisti(lg' native vegetation in the unincorporated areas of the county. \~.,,~1,.r;:" '.,¡..I ,¡ . . f ,. ",ttíe,~eC9n~, of two required PlJblic. hearings. , , '. ' ~"\','~lj"·'.~'~'.:J"" "':."..' '.:. !. ' It~e:9Ý~J?êr~qdêèi(¡es to appeal, anyA~¢iSion'made with respect to any matter ~!~eredat the meetings or hearings of. any board. committees, commissions, a.W1:J.çy,·~uncil or advisory group, that person will need ~ecord of,the proceedings B!ÍÇf;!bat;",for such purpose may need to ensure that a verbatim record of the' prpce~!n.gs is.m~de, which record shol;lld include the testimony and evidence. u~on "t,1;~~<¡tQn«;,~ppealls to. be based. Upon the r~Cuest of any party to the procéedmg, i~~i!ls testifying during a hel;l.ring will be sworn in. Any party to the proceeding WiII~be;9ranted an opportunity to cross-examine any individual testifyíng during a h~~~9..u~~~r~~uest. . . . ~-"'~·!~"'~!r~' .1."'-". ~ .' ", ,'I This ì:iòtiœ dated and exècuted this 1st day of May, 2000. .t{: '~;",::~" 'J"1"" .':"~: ~: - -' J' , ~' , ...Jf'BOAÀb-OF:COUNTY COMMISSION ST. LUCIE COUNTY, FLqRIDA /S/ John D. Bruhn, Chairman PUBLISH DATE: May 4, 2000 "., r-:. )~!:' .;~ ~~.,.... ~ 411 ~".. I,:.', ;~~ ~ ~;.,,..r,.It ,,>"". tve·U? '/ "" , NOTICÈ:,IOF ESTABLlr~.MENT ""t¡~ '-' OR CHANGE"OF REGÞl.ATION - AFFECTING THE ·USE:OF .LAND' " The St Lucie County Board of County CommISsIoners propose to adopt the fol- lowing Ordinance: . ORDINANCE NO. 00-010 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 6.00.00 VEGETATION PROTECTION AND PRESERVATION, TO PROVIDE FOR CIÆIACATlON· AND GENERAL AMENDMENTS AS FOLLOWS: AMENDIN~ SECTION ' 6.oo.03(A) TO CLARIFY WHEN A VEGETATION REMOVAL PERMIT IS REQUIRED: BY AMENDINGSECllON 6.oo.04(A);{B}, (C), (D), (E) AND (J), EXEMPTIONS, TO ADD THE WORD ANY TO THE DESCRIPTION OF PRO- TECTED VEGETATION: BY AMENDING ~ON 6.OO.04(E};.eXEMP- TlONS, TO INCREASE THE PERIOD FROM FIVE TO EIGHT YEARS WHEN A PROPERlY MUST REMAIN IN AGRICULTURE IF IT IS a.EARED WITH- OUT BENEFIT OF AN AGRICULtuRAL EXEMPTION BEING IN PlACE;. BY AMENDING SECTION 6.oo.04(G}, EXEMPTIONS, TO REDUCETHE·.MINI-· MUM SIZE OF A PARCEL REQUIRED TO SUBMIT A VEGaATlQN REMOVAL PERMIT.FROM ONE ACRE TO ill ACRE;... BY AMENDED $EO- TlON 6.oo.05(A)AND'.(B}, CRITERIA GOVERNING THE ISSUANCE OF PERMIT, BY CLARIFYING THE INTERNAL RESPONSIBIUTlES FOR· THE PROCESSING OF ALL VEGETATION REMOVAl PERMITS; BY AMENDING SECTION 6.oo.05(C}, CRITERIA GOVERNING THE ISSUANCE OF, PER- MIT, BY AMENDING THE STANDARDS FOR THE PROTECTION OF VEGE- TATION TO BE LEFT ON A PART1CUtAR PROPERTY FOLLOWING PER- MITTED lAND CLEARING ACTIVÍTIES: BY AMENDING SECTION 6,00.05(0). CRITERIA GOVERNING THE ISSUANCE OF PERMIT,BY AMENDING THE TREE PROTECTION AND MmGATION REQUIREMENTS WHEN A PROTECTED TREE IS REMOVED; AND BY AMENDING SECTION 11.05.06. VEGETATION REMOVAL PERMIT TO aiANGE THE REÆR..; ENCES FROM COMMUNITY DEVELOPMENT DIRECTOR TO PUBLIC WORKS DIRECTOR; BY AMENDING SECTION 11.05.06(BX2}(A}(4}. TO REQUIRE THAT ALL.TREES, REGARDLESS OF SPECIES TYPE; ABOVE FIVE INCHES D.B.H. OR 15 FEET IN HEIGHT BE SHOWN ON AVEGETA- TlON REMOVAL PERMIT APPLICATION; BY PROVIDING FOR CONFLICT- ING P~OVlSIONS: BY PROVIDING FOR SEVERABILITY: PROVIDING FOR APPLICABILITY: PROVIDING FOR AUNG WITH THE . DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FÒR ADOP- TION AND PROVIDING FOR CODIACATlON. A PUBUC HEARING on Ordinance 00-010 will be held before the Sl Lucie County Board of Commissioners on Tuesday, May 16. 2000, at 7:00 PM.or as soon thereafter as possible. In Commission Chambers of the Roger PoItras Annex . 2300 Virginia Ave. Fl PIerce, FL. Matters affecting your personal and property rights may be heard and ¡¡cted upon. All interested persons are invit~ ed to attend and be heard. Written comments received in advance of the pub- lic hearing will also be heard. ' The purpose of this public hearing is to amend the Sl Lucie County Land eve!- opment Code to provide for amendments to the regulations governing rotec- tion of existing native vegetation in the unincorporated areas of the county. This is the second of two required public hearings. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committees, commis- sions, agency, councilor advisory group, that person will need record of the proceedings and that, for such purpose may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted aQ.opportunity to cross-examine any individual testifying dunñg a heåring upOn request. This notice dated and executed this 1st day of May, 2000. BOARD OF COUNTY COMMISSION ST LUCIE COUNTY, FLORIDA ISI John D. Bruhn, Chairman PUBLISH DATE: May 4,2000 ... _.,,~_.._--_._-_. ....,.-:, ~~. U ~ ~ ,.,," I t:~ t~ t,J } tv t-" ,t" ¡ ~ j c ~ ... , Ordinance 00-010 - Section WO.OS CRITERIA GOVERNING ISSUA~ OF PERMIT (Page #7) B. LIMITING REMOVAL OR ALTERATION a. Whennatl'./e..·(eaetation..eommuniti6s..exiat.oFl.anv.aroae/'tv areater .than.five..aCJ'e3..fexœ.Bt a3BrovideelforinCection6.ØØ.E>4lEll.aminirTjumof 1 S Bereent of. an'v'exi3tinanative ualanelhabitatonther;roaeFty ,ffll;J3tbeareªel'ved in itsnatl:lf81 condition. Tebeoon3idered a nativexeqetati·t'eeðfflmunitv, that eemml:J",itv muat have nati'ie habitat whichinGludè! intatteaneav.undèrslefVaneJareOndcsvel'.JAdd a tie in into thelandscaae38etiðr'Ù. b. The extent of approval to remove or alter any protected vegetation shall be limited by the Community De'¡elopment Director Public Works Director to the minimum necessary to accomplish the purpose of the removal or alteration. This may include limiting the extent of approval to portions of a lot or parcel of land or specifying special conditions by which removal shall take place. Such limitation shall be clearly indicated in writing on or attached to the Vegetation Removal Permit. If vegetation removal is limited to a portion of a lot or parcel of land, the extent of such limitation shall be clearly delineated on the face of any site development plans. Ordinance 00-011 - Section 7.09.03(E)(7) (Page #11 ) 7. Native Vegetation When nati'9'~ veaetation comml::lnitieªexiat on ant' Broaerty a realeI' t"a", five acres (exaect e,., are'y"de for in Seetle" EU10.G4fCn. B miniml::lm of 15 aeres"t of arw exiatina nati\'e ual8r'ld habitatsr' the ðroaertv. ml::lst be 6reserved in its flatural condition. robe eonaideredBf'lBti'i8 yeaetative eommunitv. that eommuniwmust ha\'e native habitat whiehjf'l~tl;lde8 itHactean06·¡. understðl'v BRd around eo'/er. (Add a tie iR ime the '~'eaet8tie" remo\·alaectioR). The preservation of existing native vegetation is shaUbe required where the location of said vegetation is not in conflict with the proposed building or parking areas. The COl'FlffluRity Developl'FleRt Director Public Works Director. may require that reasonable changes be made to any site plan developl'FleRt or application for building permit for the purpose of preserving or protecting any special or unique existing tree(s) or native habitat. Alternative #1 (existing language) If the proposed landscape area preserves the existing native veQetation, no additional plantings will be required if is provided. The COl'Fll'FlunityÐevelo,.,meRt Director Public Works Director, shall determine if the Quality and Quantity of the preserved native vegetation meets the intent of this Code. Alternative #2 If the sites proposed landscapinQ area preserves all ora substantial Dart of the existinQ native veQetation found on the property. then the requirements· of this section may be Dresumedtobesatisfied. if adequate screening is provided. The Public Works Director, shall determine if the Quality and Quantity of the preserved native vegetation meets the intent of this Code. " Parcel Size for When a V e~tion Removal Pennit Is Required. '..I Ordinance 00-010 - Section 6.00.04 (Page #5) EXEMPTIONS G. The removal or alteration of protected vegetation except mangrove or dune vegetation, upon any detached single family residential lot or parcel of land having an area of ORe (1) one half (1/2) acre or less. ********************* The Vegetation Protection Advisory Committee met on May 9, 2000, to discuss the BOCC's recommendations from the first public hearing held on April 18th. During the discussion, the committee expressed a general concurrence with the Board's recommendations, however they did bring up a few points that need to be specifically addressed. One issue deals with the language found in Section 6.00.04 of the Land Development Code (Draft Ordinance 00-010). Under the exemption provisions of this Section, Paragraph G addresses the exemption for single-family home site under one acre. The Committee still supports the recommended change in lot size from one acre to one-half acre. However, they felt that if the Board was not comfortable with that particular change, the Board may wish to consider an alternative change that would leave the current one acre standard intact, but add a new provision that calls for the protection of any tree greater than twenty four inches (24 H) dbh, regardless of zoning category. The feeling of the Committee was that if the primary objective of these changes was to protect large historic or heritage trees on a parcel, then perhaps the regulations should be directed towards that particular point. Noting these comments, Section 6.00.04(G) is could read as follows: 6.00.04 EXEMPTIONS G. The removal or alteration of protected vegetation except mangrove or dune vegetation, upon any detached single family residential lot or parcel of land having an area of one (1) one half (1/2) acre or less. This exemption is, however, subject to the following conditions: 1. Nothing in this exemption shall exempt any person from the landscaping requirements set forth in Section 7.09.00 of this Gode; 2. This exemption shall not be construed to allow the removal or alteration of protected vegetation without a Vegetation Removal Permit on any exempted lot or parcel of land by its subdivider unless the subdivider intends in good faith to construct a residential unit or units upon the lot or parcel of land prior to its sale. Advertisement or listing the lot or parcel of land for sale without a residential unit shall create a presumption that the subdivider does not intend to construct such a unit and that the intent is for a subsequent purchaser to develop the lot or parcel. 3. No protected tree twentv-four inches (24"). or areater. dbh shall be removed from any residential parcel (includina those in the AG-5, AG-2.5. AG-1. AR-1. RE-1. and RIG zonina districts). reaardless of parcel size. except bona-fide aaricultural uses. without an approved Veaetation Removal Permit and an approved mitiaation plan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 '-" ¡rEVISED ORDINANCE NO. 00-010 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 6.00.00 VEGETATION PROTECTION AND PRESERVATION, TO PROVIDE FOR CLARIFIQATION AND GENERAL AMENDMENTS AS FOLLOWS; AMENWG...$ËCTION 6.00.03(A) TO CLARIFY WHEN A VEGETATIQN REr.Jl ERMIT IS REQUIRED; BY AMENDING SECTION 6.00.q~~~}~(B), ( NO (J), EXEMPTIONS TO PROVIDE THAT THE E~fiMPTIONi PLY TO PROTECTED NATIVE TREES, TO A~[D THE WcQ:tt.~,i. DESCRIPTION OFPROTECTEDVEGETA1IQN; BYAMENDING~N¡ 6.00.04(E), EXEMPTIONS, TO INCREASE"Fbl¡;'gERIOD FROM FI·VE'7fO EIGHT YEARS WHEN A PROPERTY MUS1REI'VtAIN IN AGRICULTURE IF IT IS CLEARED WITHOUT BENEFITØF~~'.I\GRICUL TURAL EXEMPTION BEING IN PLACE; BY AMENDING~E:Q~JQN 6.00.04(G), EXEMPTIONS, TO REDUCE THE.tv1IN~~UM 81 ;':A PARCEL REQUIRED TO SUBMIT A VEGETA..·.$.·.·.·J.O.'.:·:.···.NiR...BMOVAL .IT FROM ONE . ... . . . . ... . . ~.' ,.,. ' " , '. . . -.- ...-.......,...... ... ... ACRE TO 1f2 ACRE; BY AM.§fSlÐËD'~ffi~TI)šI~N 6.qomS(A) AND (B), CRITERIA GOVERNING THE.I$SUANgEOm@fiI1!MJr, BY CLARIFYING THE INTERNAL RESPONSI@IUTIE~}FOR T'ffl'If.'f;'mOCESSING OF ALL VEGETATION REMOVAL>PERMIIS AND .iTO PROVIDE FOR THE PRESERVATION OF A<rølNIMUM'~S% OFI;XISTING NATIVE UPLAND HABITAT ON PROPERTY GREAmI;R THAN FIVE ACRES; BY AMENDING SECTION 6.00.0 O';}} CRIT~~I~@~NtERNING THE ISSUANCE OF PERMIT, BY AM'· .. G THE S1'f"~t\J~AmDS FOR THE PROTECTION OF VEGETATIONT .. ON APAmTICULAR PROPERTY FOLLOWING PER-MEr-PED LAN BING ACTIVITIES; BY AMENDING SECTION 6.00.0S(~),~RITERIA.E.1.(:)~:~BNING THE ISSUANCE OF PERMIT, BY AMENOINiGTHE'TI.JR.EE· PROTECTION AND MITIGATION REQ.l..JIREMªt'4rS~HENA PROTECTED TREE IS REMOVED; AND BY AMENDING SEOTION11.0S.06, VEGETATION REMOVAL PERMIT TO CHANGE THE REFERENCES FROM COMMUNITY DEVELOPMENT DIRECTOR TOPUBLlC WORKS DIRECTOR; BY AMENDING SECTION 11.05.06(B)(2)(A)(4) TO REQUIRE THAT CANOPY TREES THAT ARE 12 INCHES, ORGHEA TER, IN DIAMETER AT BREAST HEIGHT (D.B.H.) AND SUB-CANQPY TREES 4 INCHES, OR GREATER, IN DIAMETER AT BHEASTHEIGHT (D.B.H.), EXCEPT FOR PALMS WHICH SHALL HAVE AMINIMUM CLEAR TRUNK OF TEN (10) FEET BE SHOWN ON A VEGETATION REMOVAL PERMIT APPLICATION; BY PROVIDING FOR -------------------------------- Underline is for addition 3L... ;'J,.", Tl....vu.~L is for deletion Redline is suggested amendments from BCC Review 4/18/00 Sfr Page 1 PRINT DATE: 05/09/00 Ordinance iOO-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ~ "'-' CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florída, has made the following determination: . . 1. On August 1, 1990, the Board of Coun~ø()mmission~~~~f~t. Lucie County, Florida, adopted the St. LUGi$ County Land;lÐevªl~pJ¡1ent Code. 2. The Board of County Commissiêners>has adopted certain amendments to the St. Lucie County> Lahcf Development Code, through the following Ordinances 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97 -23 - 99-02 - 99-04 - 99-15 - 99..·17 - March 14, 1991 November 7, 1991 February 16, 1 ~~3 May 25, 199ª May 25, 199.3 August 16j:.1994 Januarýl0, 1995 Marçh4.. ·1997 Septì;)mber 2, 1~~7 April6, 1999 Aµgust 17, 1 ~Ø$ ~tll¥~O, 1999 Se(:)tember 7, 1999 9h09 - May 14, 1991 92-17 - June 2,1992 93-03 - February 16, 1993 93W6 - May 25, 1993 94+07 . - June 22, 1994 94..21 - August 16, 1 994 96-10 - August 6,1996 97-09 - October 7, 1997 99-01 - February 2, 1999 99-03 - August 17, 1999 99-05 - July 20, 1999 99-16 - July 20, 1999 99-18 - November 2, 1999 3. QJ'1}¡;~pruary l'7,~~OO¡)the Local Planning Agency! Planning and &().rii~~;~~~miSsi()~j¡~$ld a public hearing on the proposed ordinance afterpa~'i~~i~~ notice in the Port St. Lucie News and the Tribune at least 10~ª~S¡tprior to the hearing and recommended that the proposecf()rcfinance be approved. 4. On AprH18, 20000, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the PortSt. Lucie News and the Tribune on April 7, 2000. On May 16, 2000, this Board held its second public hearing on the proposed .ordinance, after publishing a notice of such hearing in the -------------------------------- Underline is for addition 8L~':'J...c 'fluuu.,.l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 2 PRINT DATE: 05/09/00 Ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 '-' """ Port St. Lucie News and the Tribune on May 4, 2000. 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County ComprehensiMªPlan and is in the best interest of the health safety and public welfªfeof the citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the B@"atd of Cou~tý Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE LANm:¡:ìma~Et.OPMENT CODE TO READ AS FOLLOWS, INCLUDE: ******************************** i~HAPiER VI R ESOU R',.PRO¡ICTIOf)lii~ST AN DAR DS 6.00.00 .,', ,. . . ... '," .........,-.-.-.-.-.........-:"....,.........,'.., . ...,.-..-_.....,..-...... VEGET ATIONPROTECTleNiAND PRESERVATION 6.00.01 INTENtr It is the intent ofthe~o~d of Coun1Y~~~D1issioners to provide for the health, safety, and welfare of the residents of andyi~¡torst 1. Lucie:~ímty by establishing an administrative review process which encouragespreservationof .,~. habitat' in accordance with the St. Lucie County Comprehensive Plan and beneficiahland and forest . ,ªl11ent practices by minimizing the unnecessary removal of valuable existingìvegetation in advåh '. . ....pproved land development within the unincorporated area of St. Lucie County. In addition, it is the'ihtehf of the Board to prevent such destructive land development practices as speculative grubbing and êlear cutting of land without a site plan or vegetation management plan. 6.00.02 RELATIONSHIP TO OTHER SECTIONS OF THIS CODE A. The provisions of the following Sections shall supersede the provisions of this Section to the extent of conflict. 1. Mangrove Protection, Section 6.01.00; -------------------------------- Underline is for addition -'ILL ';'h", 'fluu~",l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 3 PRINT DATE: 05/09/00 Ordinance #OO-OlOc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' '..I 2. Environmentally Sensitive Lands, Section 6.02.00. 6.00.03 VEGETATION REMOVAL PERMIT REQUIRED A. No person shall remove or alter any protected vegetation from or on any lot or parcel of land or portion thereof in the unincorporated area of St. Lucie County without first obtainims a Vegetation Removal Permit from the Community Development Director unless exempt unºªrSection 6.00.04 of this Code. The Veaetation Removal Permit application shall be colT1@et~~!!in conformance with Section 11.05.06 of this code. Protected ve etation shall5include allintiXìêiiye etation. B. Unless otherwise provided in this Code, all public el)µties, including¡~n County government, shall be subject to the requirem~t;1,ts of this Section. Râti) shall not be subject to: 1. The permit application fees under Section 1'~~~i~,~ºØ!i~fthis Code; or 2. The penalties under by Section 11.13.03 of tl1is¡<Døø~V C. The provisions of this Section may be suspended or waived bY the Gommunity Development Director during a period of emergency officiallyêlêcféited by theBQardofeounty Commissioners. 6.00.04 EXEMPTIONS Notwithstanding anything to the contrary intþis Chapt~~¡the . at forth below shall not require the issuance of a Vegetation Removal PerrniW,l1he bur~r10f prov .. lement to any particular exemption shall lie, at all times, with the pers0ge'aimi9Hth~!;êxemption·f~~~~~x~mpti2n~¡~n·~11,9g~~pgIY.~g,!n~ removal or alteration of any mangrove ¡tree ~¡i!!!q~l'1e vegetatj~n onnativeitreesDrotecteêl;;aSiDEfr,¡¡$'g¡øll1 6;0(}:(}S(D). A. Theremoval or alteration of any protecteqi\te9:êtation as necessary for the following activities: 1. Theclearingofá,pathnot to exceed four (4) feet in width to provide physical access or view necessary to condUCtiéisurvey or site examination for the preparation of bona fide site development plansor"ê~etation inventories; or 2. The clearill1g ofa path not to exceed ten (10) feet in width to provide vehicular access necessarytocooduct soil percolation or soil bore tests, provided such clearing or removal is conductêd under the direction of Florida registered surveyor or engineer. Any person who intends to remove or alter any protected vegetation pursuant to the above exemption must notify the Community Development Director in writing at least two (2) days prior to the commencement of the removal or alteration. B. Routine landscape maintenance such as trimming or pruning of protected vegetation which is not intended to result in the eventual death of the vegetation, mowing of yards or lawns, or any other landscaping or gardening activity which is commonly recognized as routine maintenance, replacement or relandscaping. -------------------------------- underline is for addition 3L~';'h.", 'fluvuyl, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 4 PRINT DATE: 05/09/00 Ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' '-....I C. The removal or alteration of any protected vegetation in an existing utility easement or right-of-way provided such work is done by or under the control of the operating utility company and that company has obtained all necessary licenses or permits to provide utility service through the easement. D. The removal or alteration of anv protected vegetation for the purpose of maintaining existing access to a site. E. The removal or alteration of protected vegetation underta,kem by a IªWft.l commercial nursery, tree farm, agricultural operation, r ¡or similârôp removal or alteration is performed on land owned or I Iy occupiedbyt · above operation and is performed pursuant to tha~()peration. .... When¡- protected vegetation, other than routine maintenan~¡tlas be~Qþerformed no development order shall be approved for any othe'0t1$eor improvement on t either: rating and bona fide , provided that the conducting the r.alteratiqh of ....ljÌsi'~¥êmption . '}~ârn~ilåhd within 1. Two (2) years from the date of completion of §L<mVij9ij that an agricultural classification has been granted () Property Appraiser; or, removal or alteration provided It:md by the St. Lucie County 2. rive (5) Eiaht (8) years from the dateofcol'nþ!etion of such vegetation removal or alteration if no agricultural classification hasbeen grál"lt~tjythe St. Lucie County Property Appraiser. No removal or alteration of protected vegetation shall:tjecol1qÙcted pursuant to this exemption unless the person conducting 'l1átremovalor alteratiol"lnofifies the Community Development Director, in writing, of the inteQ~itotemoveQl"alter proteØfed vegetation pursuant to this exemption at least ten (10) days prior toiJl1øinitiationof the removal or alteration. F. The removal of prote naturaJcauses or immediate, peril to getationWl1iêhl1a,§aeen destroyed or damaged beyond saving by t covere~;&Y'()fl1êrSections of this Chapter or which constitutes an , or othèr'treès. G. Theternovaloralterat Ø¢ted vegetation except mangrove or dune vegetation, upon any detached$iØ~lø'fW'"ily re\."pr parcel of land having an area of ORe (1) one half (1/2) acre or less. Thisex~mp'ion is, how~ver, subject to the following conditions: 1. Nothing'ÌI'! forth in S' ex~mption shall exempt any person from the landscaping requirements set 1"17';Ø9.00 of this Code; 2. This exer1'ìPtiol"l shall not be construed to allow the removal or alteration of protected vegetation without a Vegetation Removal Permit on any exempted lot or parcel of land by its subdivider unless the subdivider intends in good faith to construct a residential unit or unitsqpon the lot or parcel of land prior to its sale. Advertisement or listing the lot or parcel ofland for sale without a residential unit shall create a presumption that the subdivider does not intend to construct such a unit and that the intent is for a subsequent purchaser to develop the lot or parcel. -------------------------------- Underline is for addition 3L. ';'1,.", 'fl..vu~l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #00-010c Draft #3 Page 5 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 H. J. I. 6.00.05 A. ~ .-...,,1 Vegetation removal or required by law, ordinance, or the lawful exercise of some other public or governmental authority. Mining activities undertaken pursuant to a valid mining permit issued under Section 11.05.11 of this Code. The removal or alteration of any non protected vegetation. CRITERIA GOVERNING ISSUANCE O':iPERMIT< CRITERIA FOR ISSUANCE The Public Works Director. in consultation with the a Vegetation Removal Permit only if a completed Works Director is accompanied by sufficient evid following criteria has been satisfied: ...I,IQiW'Development .' iâll issue has been submi Ôthe Public !1~trating that at least one of the 1 . The R removal or alteration of the protectecvegetationf;is)n~ee$$ªry in order to implement a Final Development Order. 2. A Final Development Order hEl.S!iFlofbeem,r$ªUEJCi()r is not required by this Code for the intended non-agricultural us~of the lan<;f¡àndr a. The proposed rernpval or altj3råtion of protected vegetation is not to be performed pursuant to the9peration Qf:åtree farm,commercial nursery, agricultural operation, ranch or simil¡:lroperatiQQ;,and, b. TheHr8PQ~ed remo~~I@~~ªI'àtion of protected vegetation is the minimum nece$sªryit<:> allow fo(c¡:tt:)!3t; . uction of the intended use or improvement; and, The ap Directo removal 0 11 .05.06(2) s provided the Community Develof)ment Director Public Works of the property outlining the areas of proposed vegetation including the location of all trees as outlined in Section c. d. Theªppllcant has provided the Community Develof)ment Director Public Works Director a written plan to control erosion which may be expected to occur as a result'ofthe proposed vegetation alteration or removal. The erosion control plan must be approved by the Community Develof)ment Director Public Works Director prior to the commencement of any vegetation removal or alteration. All provisions of the plan shall be incorporated as express conditions of any permit issued under this paragraph. The protected vegetation is located within an existing or proposed right-of-way, utility easement, drainage easement or stormwater management tract or facility. -------------------------------- Underline is for addition 3L....;.J..... 'fL...uu"l. is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 6 PRINT DATE: 05/09/00 ordinance #OO-010c Draft B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 fi f~ .~.~ '-' .." 4. The protected vegetation is located where it creates or will create a safety or health hazard, or a nuisance with respect to existing or proposed structures or vehicle or pedestrian routes. B. LIMITING REMOVAL OR ALTERATION a. b. The extent of approval to remove or alter a. . . otected vegetatiôQ.$ Community Development Director Public Wô'tks Direç!ôt to the mini~; accomplish the purpose of the removal or al. 'fÐîs may include Iimi!I approval to portions of a lot or parcel of la . ·øcifying special conditiô by which removal shall take place. Such limitation sha ly,indicated in writing on or attached to the Vegetation Removal Permit. If vegeté!~ip .......¥~i~limited to a portion of a lot or parcel of land, the extent of such limitation shå:1I be ca)iI}t,ijêUi'1øated on the face of any site development plans. C. VEGETATION PROTECTION STANDARDS The following minimum standards for vegetatiøri>ptp~~Ction~l'\all be applied to any area of vegetation designated to be preserved under the termS ö.f'·âh approved Vegetation Removal Permit: 1. A conspicuous. suitablErptötectiveþårrier, con§ttucted of tð metal, wood, safety fencina or other durable materiál, shall be pla.ced and måintained around individual protected trees, as follows: a. At amii'1imum distancEf()fSi)(:(6) feet or more from all species of mangroves; or p. At a nii.l'1iniüm distance of either ~ ten (10) feet or two tRireJ3 (2/3) of the radius of the dtiþlihefrom all protected hardwood trees, whichever is greater; or c. Ata minimum distance of either ~ ten (10) feet or the radius of the dripline ·frQmallprotected conifer trees, whichever is greater; or d. At aminimum distance of two (2) feet from the trunk of all protected palm trees; or e. As otherwise provided in special conditions attached to a Vegetation Removal Permit. 2. Unles$otherwise provided by law or in the terms of special conditions attached to a Vegetation Removal Permit, groups of protected trees or areas of vegetation to be preserved shall not require protective barriers. However, such areas shall be prominently highlighted by the installation of stakes at a maximum of fifty (::;0) twenty (20) feet apart. Ropes, plastic tape, ribbons, or similar material shall be attached to the stakes around the -------------------------------- Underline is for addition 3L~ ';'J,." 'flavu~l. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-010c Draft #3 Page 7 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ....., perimeter of the protected area to form a continuous unbroken perimeter around the areas to be protected from clearina activities. No marking materials shall be attached to a protected tree. Special care shall be taken that preservation areas are properly marked so that equipment operators can see the limits of permitted removal activity. 3. Protective barriers or protective designations shall remain in placel.')til removal is authorized by the CommuFlity Develol'meFlt Public Works Di@ctor or.lIntH issuance of a certificate of occupancy. In the event that any protective barriers are rel1"lô,~éd or altét~¡;~~~:i\~l~~rina activities are conducted within an area identified for pre~~~è under th~ii;'isSÜ~:¡,";'~~~tation rem~yal permit. the Public Works Director is authori~~d to dire~rtttat åfl¡'¡~~n~',¡~I~~~i~a~~~¡¡;site alteration work at the site be stopped untih!th~ barrier~¡iàre restorêêÍ¡¡:~~~¡¡~~å~~~ssarv corrective actions taken to repair or replant æ1\1:,veaetatîon removed or dam'åaeêJi:as a result of these encroachments, 4. The entire vegetation preservation area sha,lh'!, so as not to alter the water and ox en comtal1t oftf1ìé;¡'$ 8. M8iFltaiFlee! iFl its Flstursl state;.ðÌ' b. rre'y'ie!ee! 'NitI'! permeable laFle!3Cfi~~l'TIttteri81, 3uena3 gffi33, grouFle! cover, or mulcR; or c. De3igFlee! to eOFlfoÎ'ffl to tRe laf'lebeal'iFlgree¡ulremeFlt3 of tRis Code. 5. No grade changes~ha.U be madewithin the:vegetation preservation area that require trenching or cuttingøfroots, excøpt in complial1ce with the terms of special conditions in an approved Veg(itatiQn RemovaIRérmit,Ði~Ching for underground irrigation and utility lines within veg~t' tection arøasshØ-llbe done in a way that plant root systems are p(Qtectedif est extent possIble. These modifications shall be based upon the '$Ü ested .the latest edition of the "Tree Protection Manual for Builders and í2)é~~I~~.~rs" Pût)n~~~éii~~::tQe Division of Forestrv of the Florida Department of Aariculture and::~.ónsumer Services..i()r;a.similarlv recoanized reference manual. No sòif'ß!1é1.U bé.removed from within a vegetation preservation area. 6, 7. No fill matél"ia,h~nstruction material, concrete, paint, chemicals, or other foreign materials shall be stored, deposited or disposed of within a vegetation preservation area. 8. No signs, permits, wires, or other attachments, other than those of protective and non- damagiflg nature, shall be affixed or attached to protected vegetation. If landscaping is to be installed within a vegetation preservation area after removal of protective barriers or designations, installation shall be accomplished using light machinery and hand labor. -------------------------------- underline is for addition 3LL ';'J,..<o 'fLLU~,"I. is for deletion Redlineis suggested amendments from Bee Review 4/18/00 Page 8 PRINT DATE: 05/09/00 ordinance iOO-010e Draft i3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-" 'wII 10. Ilea·v·)' fflaCRifl8ry Any equipment. includinq passenqer vehicles. shall not be driven, parked, or stored or repaired within designated vegetation preservation areas. .11.:. Veqetation destroyed or damaqed as part of the development of a site or parcel. shall be replaced bv veqetation of equal environmental value as specified by the Public Works Director. in consultation with the Community Development Director. before any occupancy or final use permit authorizations are issued. D. TREE PROTECTION AND MITIGATION Prior to the removal and/or grubbing of native veget development order, the removal plan must demons to micro-site impervious surfaces to protect such v Any native tree at least æ 14 inches in diameter atølght (D.S.H.) (except'fô¡SÔalms which shall have a minimum clear trunk of ten (10) feet) sh ed and protected in accordance with Section 6.00.05(C), unless the tree is deter .. ........ ,', safety hazard, prevents the reasonable development of the site, is causing dam to st, 'more desirable trees around it, is infected with disease or is infested with insects. The . Ifeant for ve etation removal permit shall demonstrate why the tree is a 'seased,iñt~~e(t;infested or why it is not practically feasible to develop the parcel Wi .. the tree: i'J11hØ COfflffluRity De'v'elo~ffleRt Public Works Director, in consultation wiíöíhê eveloment Director shall determine the appropriateness of any such clairrt\·ê.ñel sRaUêôA~~'~~'ftI;tth~$t Lucie UrbaR rorester aReI tRe Ct. Lucie COURt)' Agricultural CxteFlªIßR CerviÇøt When a native tree at least æ 1'4iriêhes D.8Hif. (exceptfør palms which shall have a minimum clear trunk of ten (10) feet) is con~ig~red to b~;'ó'ealthy an9,~Ne COfflffluRity De"elo~ffleRt Public Works Director has approved its r~rnoval basêdon me~t¡~g one or more of the above standards, the Vegetation Removal Permitshall onIYºÉ'i§§Y~Ø;âfter an acceptable mitigation plan has been revieWe.d and appr!,>vedÞy the Oo"",~i:.t~ifY'~e"elo~ffleRt Public Works Director. Prior to the isSUé:U"1C90f any zoriinQColTlpliance, ceRiJiêatåof capacity or other recognized authorization for the COlTlmØhcement of thePermitt~çI development activity, the replacement trees shall be planted, relocatèdorpreserved ort~e;2j,p~r!,>priate mitigation fees shall be paid to the County. Mitigationsh2j,ltbe.required fôr1ó'ø<loss of any healthy, native tree of at least æ 14 inches D.S.H. (excepfforpalms;:whith shall have a minimum clear trunk of ten (1 Q) feet) and shall include the fqlloWing: 1 . the replacernènttrees, either preserved, relocated or newly planted, shall be of the same or other native species as the tree(s) approved for removal; 2. the quality and size of the replacement trees shall meet the minimum landscape requirElments set forth in Section 7.09.03(0); quantity of replacement trees, for each species approved for removal, shall be at a ratio of ðfte two inch d.b.h. per one inch D.S.H. removed. except that each palm tree that is preserved throuqh on-site protection or relocation will count towards any required qalm tree -------------------------------- Underline is for addition 8L~';'h.c 'fL~uu~L is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance iOO-010c Draft #3 Page 9 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ."" ...., mitiaation reauirement at a ratio of one palm tree preserved/relocated is eaual to one palm tree removed. The following mitigation credits shall apply to all other tree species: a. all native trees protected on-site that are in excess of the minimum requirements of Section 7 .09.03(G){gl will count as a credit toward the required mitigation of any protected trees that may be removed as part of the veaetation remöval permit. For each inch of ª tree areater than 3 inches d.b.h. saved; t~Æ3.t is pr~~êrved throuah on- site protection a credit of &:25 .Q.!}g inch reserved fot::øne.,ifiÌch removed will be granted toward§. the any required mitigatiØp. b. c. trees planted, preserved or r~I~e;e\tê~~r' site 'Nl'liêhè~~~:e~the mil"limum landscape code shall COtll"lt as half cre~itJê'W"ªrelã't"'~mitigatiol'l;~~~tJirement3 if such trees are not of the same specie~a3tl'lê 1'18ti'~~'t(~~tf.~ql:liri~gmitigation But are l"Iath/e and drought tolerant 3p~cies; allnati~~iit~~s(~/anted on-site. that exceed the minimum reauirements of Section 7:()~,()3l!~ii;Will count as credit towards the reauired mitiaationiof any pretected tré'Ø§:tnåt may be removed as part of the veaetation removãl permit./For each,iiiñch of tree areater than 3 inches d.b.h. planted on-sitê.acredit ofibne inch planted for one inch removed will be aranted towards anvfêauired mJtiðation. 4. The replanting design shall pro¥ideâtl~quate space for root and crown development; 5. \tVhEln the prope~néj~gdeveloped is not appropriate for on-site mitigation, the developer may mitigate otf$iteO/"í,public lands in the County in the following manner: a.~~tain writtenp~tl1iission from the appropriate public entity to implement the n~5~~~~ry replanting plan. The developer shall provide all necessary services to iroplemenqhe replanting plan, including but not limited to funding, plant materials ðnd..làbbr;or b. contribute $200 per inch DBH required for mitigation to the County to be used at the County's discretion for either the acquisition and maintenance of publicly owned environmentally unique lands, or to be used for relocating or replanting native trees on public lands. Any such work shall be performed by a qualified professional. 6. As part of the issuance of any Final Development Order/Permit reauirina the mitiaation of trees as set forth in this code. the property owner shall submit to an inspection of the planted/preserved materials 18 months after the issuance of a certificate of occupancy or -------------------------------- Underline is for addition 3LL';'¡"", 'fIau",,,,L is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 10 PRINT DATE: 05/09/00 Ordinance #00-010c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 '-" ....., other use authorization as may be aranted by the Public Works Director for the County. If it is determined that the planted/preserved trees are dead. diseased or otherwise not in compliance with the provisions of this Code and the oriainal approved mitiaation plan. the property owner shall be provided notice and directed to correct anv observed deficiencies and replace all noncompliant trees within 60 days. Failure to maintain all reauired mitiaation shall be arounds for referral to the Code Enforcement Boardlor appropriate enforcement actions. The Public Works Director is authorized to inClude within the buildina permit fee. adeauate charaes to cover the costs of enforcinathe reauirements of this section. E. SUPPLEMENTAL REQUIREMENTS The Community Development Director may impoªØ::¡supplero.Øl1tal requirêrnes<asþecial condition of a Vegetation Removal Permit when n ...... ry tø'œrry out the inten his Section. These supplemental standards shall be based upon ested standards in thelâtest edition of the "Tree Protection Manual for Builders and Deve I..!þlished by the Division of Forestry of the Florida Department of Agriculture and Consume.rSêi;·óra similarly recognized reference manual. **************:~~*~~~.~~~~~* €HAPTER XI ADMINISTR:ATION AND ENFOR€EMENT 11.05.00 PROS.Elt:JRE FOR·OiB;JjAINING DEVELOPMENT PERMITS 11.05.06 VEGETATION REMOVAL PERMITS A. GENERAL PERMIT REQUIRED 1 . NC).pØrSCU!)is ..ªII remov~;8ralter protected vegetation from or on any lot or parcel of land in the uriin ted area'of St. Lucie County without first obtaining a Vegetation Removal Permit fro· blic Works Director COl'l"ll'l"luFlity Developl'l"leFlt Director, unless exempt under Secti :04 of this Code. 2. Any persoh desiring a Vegetation Removal Permit shall make written application to the Public Works Director COl'l"ll'l"luFlity De".relopl'l"leFlt Director, using forms provided by the Director. Unless exempt under Section 6.00.04 of this Code, a Preliminary Vegetation Removal plan shall be required with all site plans submitted in accordance with Section 11.02.00. A preliminary vegetation removal plan shall be in substantial conformity with the requirements -------------------------------- Underline is for addition 3LL ';'kc 'fl'Lvu~l. is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 11 PRINT DATE: 05/09/00 Ordinance #OO-OlOc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '" ...." of this Section, and Section 6.00.00 of this Code. A preliminary vegetation removal plan does not result in an authorization to commence any vegetation removal or alteration. A preliminary vegetation removal plan is intended to generally identify the existing vegetative communities on the proposed development site. Prior to the commencement of any vegetation removal or alteration activities a formal Vegetation Removal permit is required. 8. APPLICATION REQUIREMENTS 1. The application form shall be accurately complet~~isignedbY;:tI'1~'!¡ãÎ"'ld owner or his agent and notarized. If the application is submitted.t)y.an agent¡'i~ ···include a notarized statement clearly indicating that the land own~~:~ãs delègated!ftJI to the agent to apply for the permit and that the owner a~þts any Spèciål c6 :hich maybe imposed by the Public Works Director . 'uantto this Code. 2. all vegetation on the and scientific names of Each application for a Vegetation Removal accompanied by a: a. Vegetation inventory which 1. The approximate lo~t;~~;e~~nt and subject lot or parcel()f!Iªf1~¡!ioølµding the major groups Of Vegetatiõo; 2. All protect~civegetation'propo$øçlf()reither removal or preservation; 3. The proposed buildings, structures, driveways, and other improvements drawn to scale; a.nd 4. MINIMUM DlAMCTCn AT OnCACT I IClGI IT (DßlI) -------------------------------- Underline is for addition 3L...';'k.", 'flauu~l. is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 12 PRINT DATE: 05/09/00 Ordinance *00-010c Draft *3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~ ....,¡ Tyþèôf Tree Clash rine & ralm Tree Oal<s (all sJ:'ecies) and other County J:'roteeted Trees (except as noted herein) Minimum Diameter t(T f2!l 3. The Public Works Director Community Q~»-elopme"tDi"êetor;'. application include such additional information\rlecessaryfør adequaf Section. 4. Two (2) copies of the application and accompar"\Yin9'}ººGuments shall be submitted to the Public Works Director Community De·'eloPl'\"\ê"t[)i'~~tªI'.. 5. The completed application shall be accolTIPémied bya:ni:ªPP 'on review fee established in accordance with Section 11 .12.0Qd tS.,.Çode. Addi¡'Payment of applicable permit and inspection fees, establish. tdance with Ion 11.12.00 of this Code, shall be required prior to issuanceofttìeNô).()flntent as described Section 11.05.06(D) of this Code. 6. The filing of an applicatiQI'l shall b~y~éemed t~<eXténd permission to the Public Works Director Community Oe't'elôpmentpirector, orRis desianee to inspect the subject site for purposes of evaluating the application. C. REVIEW OF APPLICATIONS FOR VEGEl7ATleNREMOVAL PERMITS 1. The PublicWrkiE>irector Coml'flunity Development Director, shall review each Vegetation RemQval på ' , uliÇé3.tion and render a determination of completeness within two (2) workingdays 0 þrriÎ$sio/1. If the application is determined incomplete, it shall be returned toth~}a.pplicant witbanidentification of the areas in which a deficiency exists. Any appli~t!Þh(jl:lterminedtQ>be incomplete must be returned to the Public Works Director . '. ", within thirty (30) days of the date of notification of incomplét '¡«Any application not returned within that time shall be subject to the payment Qf néwapplication fee. 2. Within twenty (20) days after an application has been determined to be complete, the Public Works Director Community De'~'eloJ:'ment Director, shall review the application and approve, approveWith conditions or deny the application, based on the standards set forth in Section 6.00.05 of this Code. If no decision is issued within thirty (30) days from the initial date of submission of the application, the application shall be deemed to have been approved in accordance with the information provided in the application. D. PROCEDURES FOR ISSUANCE OF VEGETATION REMOVAL PERMITS -------------------------------- underline is for addition 3L~ ;.¡..'" 'i1.~vu."L is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #OO-OlOc Draft #3 Page 13 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 F. ~ ...., 1 The Public Works Director COfflfflURity DevelopffleRt Director, shall conduct an inspection of the proposed development site and upon determination of compliance with the provisions of Section 6.00.00 of this code, shall issue a Vegetation Removal Permit. No Vegetation Permit shall be issued until the Public Works Director COfflfflURity DevelopffleRt Director, has verified compliance with the provisions of Section 6.00.00 of this code. A Vegetation Removal Permit may be issued on site. 2. Once issued, a Vegetation Removal Permit must be site. upon the subject E. TERM OF VEGETATION REMOVAL PERMITS 1 . A Vegetation Removal Permits issued with aEi¡)alDevølópment Order term of the Final Development Order and st'iáll\ber~newed, as development plan. 2. Vegetation Removal Permits issued withoutáFinaIDê~~I~Bm~nt Order shall remain valid for a term of six (6) months and may be renewed forØ,?§f3conÇfsix (6) month period. A request for renewal must be madei~>\rfri'i~gto the Pu~IiQW()í:ks Director COfflffluRity De'i"elopffleRt Director prior to th~@~pirati9r'lºfjhe permifltthe Public Works Director COfflffluRity DevelopfflcRt Di~ct6r determines that site· conditions have changed substantially from the date otissuance ofthe'initialp@rmit\as a result of natural growth of trees and vegetation, or higt'1¡Winds, hurricane,tórnadOitflóoding, fire, or other act of nature, the Director may requi~@~êapplicati9('l and fullfeviêw. The determination of the Public Works Director COfflffl.~f:jit)'De·(elopmeRt Director regarding the necessity for reapplication and review shall be.,rTfãde within'ten (1 0) wo~k¡ng days of receipt of a written request for renewal. If such a clêterminationjiSnot made within that period of time, the permit shall be automatically reneWed. 3. Unless renßWeq'ª$iprovided abo'le,aVegetation Removal Permit shall expire and become Vojdif the wotl<'ªºftiøtized by the permit is not commenced within six (6) months after the dáteofthe pern1ît·· 4. U¡)leSsreoe.)Ned as providêdabove, a Vegetation Removal Permit shall expire and become voidit~;Ú.ltfuofjzed remOVal work, once commenced, is suspended, discontinued, or abandonedf<Mã;pøriod equal to or greater than six (6) months. If a VegetatiónJaemoval Permit expires or becomes void after work has commenced, a new permit mu.st be obtained before work is resumed. Any new application for a Vegetation RemovaFPermit must comply with all applicable standards in effect that the time of reapplication. VIOLATIONS If the Public Works Director COfflffiuRity DevelopffleRt Director determines that any land development activity violates the terms or conditions of an issued Vegetation Removal Permit or the -------------------------------- underline is for addition 3LL':'kc 'f!.Luu.~l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #00-010c Draft #3 Page 14 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-" ¥ provisions of this Code, the Director may issue a Stop Work Order on the development site in question and process the violation for appropriate review and enforcement in accordance with Section 11.13.03 of this Code. G. APPEALS Any final action by the Public Works Director Col't'll't'luRity De\'elopl't'leRtDirectormay be appealed to the Board of Adjustment, in accordance with the provisions of Section11.41:00 of this Code. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to ordinances and County resolutions, or parts thereof, in by this ordinance to the extent of such conflict. PART C. SEVERABILITY. of St. Lucie County, County are hereby superseded If any portion of this ordinance is for any reas9@0neld or d€l~larêdtob~)l.Inconstitutional, inoperative, or void, such holding shall not affect the remainin~)J30rtions of this ordin~r:1~~lf this ordinance or any provision thereof shall be held to be inapplicable4ø;:;~ny person, propertYI:orcircumstance, such holding shall not affect its applicability to any other per§øf1, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE~ This ordinance shall be appn~I~):;~Þtºughout SKEticie County's jurisdiction. PART E. FILlNGWIJH THE'DEPAFtTMENT OF STATE. The Clerk beand·isherêbyøitaçted forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and.l.4a\l'v'$;~partment of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall takêeffect upon filing with the Department of State. PARTG. ADOPTION. -------------------------------- underline is for addition 3LL';'k", 'fluvu;¡l. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-010c Draft #3 Page 15 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 '-' ...., After motion and second, the vote on this ordinance was as follows: Chairman John D. Bruhn xxx Vice Chairman Frannie Hutchinson Commissioner Paula Lewis Commissioner Cliff Barnes Commissioner Doug Coward PART H. CODIFICATION. xxx xxx xxx ·xxx Provisions of this ordinance shall be incorporated in the St;,l£:1.Jcie ðQgde and Compiled Laws, and the word "ordinance" may be changed to "section", other a ...........¡~te¥{()rd, and the sections of this ordinance may be renumbered or relettered to intention;provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this ATTEST: DEPUTY CLERK of ßØARo0F COUNTY COMMISSIONERS ST. LtJCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -------------------------------- Ordinance #00-010c Draft #3 underline is for addition 3L~ .;.¡,.'" 'fL~vu;Jl, is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 16 PRINT DATE: 05/09/00 '-" 1 2 3 DJM 4 00-010c(LndcodOO -H) '-' -------------------------------- Underline is for addition 3L~ ':'h.c 'fl,~vu"l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #00-010c Draft #3 Page 17 PRINT DATE: 05/09/00 '-' AGENDA REQUEST ;,JrEM NO. 5 ~. B DATE: May 16, 2000 CONSENT REGULAR PUBLIC HEARING [x ] Leg. [X] Quasi-JD. [ SUBMITTED BY (DEPT): Community Development PRESENTED BY: -l!!:".r'£'¿ C mmunity Dev. Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Consider Draft Ordinance 00-011, Amending Section 7.09.00, Landscaping and Screening, of the St. Lucie County Land Development Code. BACKGROUND: Draft Ordinance 00-011, proposes to amend Section 7.09.00, Landscaping and Screening, to provide for clarification and general amendments including the following; by amending §7.09.03, by clarifying the requirements for the submission of landscape drawings with all applications for building permits, by establishing a post development inspection requirement for landscaping health and survival, by further restricting the use of certain nonnative tree and plant species and requiring their removal from any site on which a final development order is issued if they are determined to be present, by reducing the percentage of native plantings required from 100% to 75%, by requiring that in those areas where scrub habitat is determined to exist any new plants must also be of the scrub variety, by adding a requirement that a minimum of 25% of all planted shrubs be of a native species, by adding new standards for credit for the preservation of existing trees, by adding standards to be applied to all reserved parking areas, by adding to those uses effected by the eight foot high landscaped separator all multi- family dwelling units with 3 or more units, and by amending the requirement affecting landscaping for all residential structures having three or fewer units. FUNDS AVAILABLE: Not Applicable. PREVIOUS ACTION: On April 18, 2000, the Board of County Commissioners held the first of two required public hearings on these proposed amendments. At that hearing no final action was necessary at that time, on Draft Ordinance 00-011. 00-011. RECOMMENDATION: Staff recommends approval COMMISSION ACTION: [ ] APPROVED ; ~ _ DENIED [X] OTHER: ~ .~ Coordination/Signatures c~:~yt~,~::, to p' for Boar.:,. ~dge" ,A~ s M. Anderson Administrator Purchasing: originating Dept: Other: Other: Finance: (copies only): -- . f. ~ "wi DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM FROM: Board of County Commissioners Amy Molt, Resource Protection COOrdinat~ May 10, 2000 TO: DATE: SUBJECT: Ordinance No. 00-011 Attached is a copy of Draft Ordinance 00-011 , which proposes to amend Section 7.09.00, Landscaping and Screening, of the County's Land Development Code. In the fall of 1999, the County Commission established a Vegetation Protection Advisory Committee whose charge was to review the County's landscaping and vegetation protection guidelines, and to recommend modifications as it felt necessary to further the objective of vegetation and habitat preservation. The Vegetation Protection Advisory Committee met six times from June 1999 to December 1999. The first of two required public hearings was held on April 18, 2000, for the review of the proposed amendments. Draft Ordinance No. 00-011 is an ordinance amending Sections 7.09.00, Landscaping and Screening, to provide for clarification and general amendments as follows: 7.09.00 Landscaping and Screening 7.09.01 Purpose Wording was added to show that this section of the code is to work in conjunction with section 6.00.00 and the County's priority intent to protect and preserve native vegetation wherever possible. 7.09.03 (A) General Provisions A paragraph was added clarifying the requirements for the submission of landscape drawings with all applications for building permits. Specifically, the landscape plans for all non-residential uses, regardless of site plan status; mobile home parks and subdivisions; recreational vehicle parks; and multiple-family residential uses shall be prepared, signed and sealed by a registered Florida Landscape Architect, or as may be permitted under Section 481.329, Florida Statutes. Landscape plans prepared for detached single-family (including individual mobile homes not located in a mobile home park), two-family, three- family residences, and bona-fide agricultural uses and operations, are exempt from the .. ~ ~ ~ 2 requirements for a signed and sealed landscape plan, except for that portion of any bona- fide agricultural use or operation involving the retail sale of materials produced on site, and as may otherwise be required by this Code. The word general was struck from the description of landscape plans. The reference to Community Development Director was changed to Public Works Department to reflect internal responsibilities. 7.09.03 (B) Installation and (C) Irrigation The wording of these sections was slightly arranged to clarify meaning, none of the requirements were changed. 7.09.03 (D) Maintenance The period of time allotted to correct a violation was increased from thirty (30) days to sixty (60) days. A final inspection requirement for landscaping health and survival scheduled for eighteen months after completion of construction was added. As part of the issuance of any Final Development Order/Permit requiring the installation of landscape materials as set forth in this code, excluding detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences, the property owner shall submit to an inspection of the planted/preseNed materials 18 months after the issuance of a certificate of occupancy or other use authorization as may be granted by the Public Works Director for the County. If it is determined that the planted material is dead, diseased or otherwise not in compliance with the provisions of this Code and the original approved landscape plan, the property owner shall be provided notice and directed to correct any obseNed deficiencies and replace all noncompliant materials within 60 days. Failure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The Public Works Director is authorized to include within the building permit fee, adequate charges to cover the costs of enforcing the requirements of this section. 7.09.03 (E) Plant Materials Several additional non-native, invasive tree and plant species were added to the list restricting their use in St. Lucie County. The percentage of required native plant species was reduced from 100% to 75%. Sections requiring the use of plant species from specific lists when development is to occur on North or South Hutchinson Island or a site determined to contain scrub habitat. A requirement was added that a minimum of 25% of all planted shrubs be of a native species. A new section was added outlining the acceptable standards for using existing, preserved tree towards landscape credits. A preserved tree that meets the standards of this section may be substituted for any of the trees required by the landscaping requirements of this section at a ratio relative to the dbh of the preserved tree. 7.09.04 General Landscape Requirements Wording was added to this section to point out the relationship between this section and section 6.00.00 Vegetation Protection. (A) A sentence was added restating the requirement that landscaping shall be designed so that it will not interfere with the function of utility easements. A:\BOCCMEM011.DOC .. '-' ""'" 3 (B) The height requirement for landscape buffers between parking and vehicular use areas and abutting properties was decreased from six (6) feet to four (4) feet at time of planting and a time period of eighteen (18) months was allotted for the hedge to attain six (6) feet in height. (C) A sentence was added to assure that interior landscape area requirements may be altered to accommodate existing trees. Standards were included applying to all reserved parking areas. (E) Buffering between all multi-family dwelling units with three units or more and single or two family uses was added to the eight-foot high landscape separator requirement section. (I) Additional landscape requirements, including shrubbery around along the foundation of the side of the residence that faces any street, were added for landscaping for residential structures of three or fewer units. A\BOCCMEMOI'.DOC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '-' '-' ORDINANCE NO. 00-011 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7. .00, LANDSCAPING AND SCREENING, TO PROVIDE FOR C RIFI ION AND GENERAL AMENDMENTS AS FOLLOWS; AME CTION 7.09.01, PURPOSE, TO INDICATE THE RELA NSH N THIS SECTION AND - SECTION 6.00.00 VEGET P AND PRESERVATION; BY AMENDING S ION 7. RAL PROVISIONS, BY CLARIFYING THE QUIRE, ENTS SUBMISSION OF LANDSCAPE DRAWIN 1: . LL APPLI FOR BUILDING PERMITS, BY EST ABLlS ST DEVELO INSPECTION REQUIREMENT FOR LA G HEALTH AND SURVIVAL, BY FURTHER RESTRICT OF CERTAIN NONNATIVE TREE AND PLANT SPEC ES A ING THEIR REMOVAL FROM ANY SITE ON A FIN LOPMENT ORDER IS ISSUED IF THEY AR D TO ...... ...... RESENT, BY %W ' REDUCING THE PERCENT A';'INGS REQUIRED FROM 100% TO 75%, BY R E AREAS WHERE SCRUB HABITAT IS DET NEW PLANTS MUST ALSO BE OF THE SC DING A REQUIREMENT THAT 25% OF ALL P F A NATIVE SPECIES, BY ADDING NEW ST ESERVATION OF EXISTING T AND N AMENDING SECTION 7.09.04 AT TIO BETWEEN THIS SECTION AND 00.0 TION PROTECTION BY PROVIDING THAT S DESIGNED SO THAT IT WILL NOT H T CTION OF UTILITY EASEMENTS; BY CTI % TO CLARIFY THE MINIMUM HEIGHT OF BETWEEN CONFLICTING LAND USES AT TIME ITHIN 18 MONTHS OF PLANTING; BY ADDING E APPLIED TO ALL RESERVED PARKING AREAS, THOSE USES EFFECTED BY THE EIGHT FOOT HIGH SEPARATOR ALL MULTI-FAMILY DWELLING UNITS S OR MORE CONTAINED THEREIN AND BY PROVIDING VER BY THE BOARD FOR ANY PUD, PNRD OR PMUD, BY -------------------------------- Underline is for addition 8tri]re TRre~~h is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 1 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 '-" ...." AMENDING THE REQUIREMENT AFFECTING LANDSCAPING FOR ALL RESIDENTIAL STRUCTURES HAVE THREE OR FEWER UNITS; BY PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING F, . AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND P FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Luc· determination: 1. On August 1, 1990, the Board of County Co adopted the St. Lucie County Land Develop 2. The Board of County Commissioners has a Lucie County Land Development Code, th 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-23 - 99-02 - 9-04 - 5 - March 14, 1991 November 7,199 February 16, 1. May 25, 199 May 25, 1 Augus Jan M S - 1 - 6-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - ay 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 20, 1999 November 2, 1999 17, , the Local Planning Agency! Planning and ion held a public hearing on the proposed ordinance otice in the Port St. Lucie News and the Tribune at prior to the hearing and recommended that the ordinance be approved. 'ril 18, 20000, this Board held its first public hearing on the osed ordinance, after publishing a notice of such hearing in the ort St. Lucie News and the Tribune on April 7, 2000. -------------------------------- underline is for addition £tJriJre TRJre~,,!,R is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 2 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 '-" ..,..¡ 5. On May 16, 2000, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 4, 2000. 6. The proposed amendments to the St. Lucie Development Code are consistent with the genera objectives and standards of the St. Lucie C unty C and is in the best interest ofthe health s nd citizens of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Lucie County, Florida: PART A. THE SPECIFIC AMENDMENTS TO T READ AS FOLLOWS, INCLUDE: " VII N AND IMPROVEMENT NDARDS n is to set forth regulations for the proper installation and maintenance of ervation of native ve etation that will contribute to air purification, regeneration of ater, abatement of noise, glare, heat, and control of erosion, as well as enhance er and value of surrounding neighborhoods and thereby promote the general welfare of uch landscaping would also assist in traffic control, both vehicular and pedestrian. The -------------------------------- underline is for addition ÐEFihe 'I'RFeu~R is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #OQ-011c Draft #3 Page 3 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-" ....., provisions of the VeQetation and Preservation Section of the Land Development Code (Section 6.00.00) shall supersede the provisions of this Section to the extent of conflict. 7.09.02 APPLICABILITY The landscaping requirements of this Section shall apply to all non-residenti changes in use, except for those uses interior to a common shop . nte structure provided that no additional parking is required, regardl e pia subdivisions, recreational vehicle parks, and multiple-famil idential (including individual mobile homes not located in a mobile hom k), two- must comply only with Sections 7.09.03 and 7.09.04(1) 0 operations are exempt from the provisions of this Section, e retail sale of materials produced on site, and as may otherwi 7.09.03 GENERAL PROVISIONS A. REQUIREMENT FOR LANDSCAPING P A gCRcfsllandscaping plan shall be re new structural construction or addi part of a bona-fide agricultural u by this Code, and that as pa on site. :~þplications associated with any cept for those structures that are otherwise be specifically addressed olve the retail sale of materials produced compliance with the other provisions of this Code, all landscaping plans f all existing and proposed utility lines and rights-of-way. The gCRcf61 II indicate the relationship of the proposed landscaping to these utility lines and hall demonstrate compliance with the other provisions of this Code. dscape plan shall identity the type and quantity of all plant and tree species to be sistent with the provisions of this Code. -------------------------------- Underline is for addition Gtrike Thr8~~h is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 4 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~ .."", Prior to the issuance of any certificate of occupancy or other final occupancy/use authorization, the COffiffiuRity DcvclopfficRt Dircctar Public Works Director shall inspect and verify that the landscape plantings on the property are consistent with the approved landscaping plans. B. INSTALLATION All landscaping shall be installed in a professional manner accordin with the quality of plant materials as hereinafter described shall exccpt fer:. eDetached single-family (including individu horn park), two-family, and three-family residences are ex om this C. IRRIGATION Any new. reauired. automatic irrigation system inst detached single-family (including individual mobile two-family, and three-family residences shall incor 1. Zoning of irrigation systems: Sprinkler heads shall be circuit 2. Automatic irrigation sy zone. an automatic rain shut-off device for each 3. the spray stream shall be reduced by requiring low trajectory all be maintained in working condition at all times, to prevent waste of uring Water Shortage n systems shall be operated in accordance with the requirements of water shortages ared for S1. Lucie County by the South Florida Water Management District~ ðf S1. Lucie ounty or other appropriate requlatinq authority. -------------------------------- Underline is for addition 8triJte Tftrs1:i!'Jft is for deletion Redline is for adjustment from Bee review 04/18/00 Page 5 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 '-' ."""" D. MAINTENANCE .L The owner shall be responsible for the maintenance of all landscaping, which shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all unhealthy and dead material within tl'1irty (30) sixty (60) days after a notification of a violation in ormance with the approved site plan! or landscape plan. Violations of this se e to maintain all required landscaping shall be grounds for referral to the ement Board for appropriate enforcement actions. The aG 60 day or co e extended, when necessary, by the County Administrator or hi nee t very from acts nature such as a hurricane or a freeze. 2. E. PLANT MATERIALS to meet the reauirements of this Code shall 0.1 or better as given in the most recent edition of "Grades and ". , Florida umer Services, or standards equal thereto. ect- and disease- resistant, and shall be clean and reasonably free s or diseases when installed. Plant materials that are known to be nments, whose physical characteristics may be injurious to the public, or tity and quality of debris so as to present maintenance difficulties shall not be der this Code -------------------------------- Underline is for addition £t£i][e TR£el1~R is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 6 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-' 'WI and Staneares fer Nursery rlants", rmt II, rloriea Dcpartmcnt of ~riculturc and GonsufRcr Scrviccs, or standards Cetuel tl9creto. All plant matcrials sl9all BC insee! ane eiscasc rcsistant, ane 319all Be clean Bne reasonebly free of "iJcces ane noxious pcst3 or eiseascs ·.\'l9cn installee. rlant materials tl9at arc \(no·>'.'n to be intolerant of paving environments, 'l."l9os6 pl9ysieal el9arectcristics may Be injurio,~~~~ð tRe pUBlic, or specifiee for use uneer tl9is Goec. 2. Trees a. Trees shall be species having an a fifteen (15) feet in 5t. Lucie Coun clean condition. Trees having a m may be arranged or grouped so as spread, however, any such group or purpose of compliance with this G b. Palm trees may be clustered i (15) foot crown. All palm when installed. Three spread of fifteen (15) ve this minimum fifteen ear trunk of ten (10) feet hade tree having a mature c. Tree species sh two and one- when instal the tallest feet in height and have a caliper of done-half (41/2) feet above the ground ed by the average end of all branches not hall have a minimum of five (5) feet of clear trunk nopy spread at time of planting. Trees ose roots are known to cause damage to public roadways or r publ II not be planted closer than twelve (12) feet to such public or wo ss the tree root system is completely contained with a barrier for mini m dimensions shall be five (5) feet square and five (5) feet deep, the construction requirements shall be four (4) inch thick concrete ith number six (6) road mesh (6x6x6) or equivalent. e of the following trees shall be l:Jsee to fRoet tlge reetuircmcnts of tRis section nted in 5t. Lucie Goun . Where such s ecies alread exist their removal shall e a condition of anv final development order. Melaleuca leucadendra (Punk Tree) Schinus terebinthefolius (Brazilian Pepper) -------------------------------- underline is for addition 8tri][e TRre~~R is for deletion Redline is for adjustment from Bee review 04/18/00 Page 7 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 ¥ '...,I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Casuarina spp. (Australian Pine) None of the following species, or any species designated as Category I on the Exotic Plant Pest Council's most recent list of "Florida's Most Invasive Species," shall be used to meet the requirements of this section: 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Cupianopsis anacardiodes (Carrotwood) Acacia auriculiformis (Earleaf Acacia) Araucaria heterophylla (Norfolk Island Pine) Brassaia actinophylla (Schefflera) Eucalyptus spp. (Eucalyptus) Grevilla robusta (Silk Oak) Syzygium cumini (Java Plum) cinnamomum camphora (Ch Tree) Peltophorum pterocaroum (vellow poinciana) s orange and grapefruit trees. t of the required trees shall be species other than palm trees, except outh Hutchinson Island the Community Development Director of mix of tree species of more than 50% palm trees if it is atisfaction of the Director that the particular site is exposed to impa other similar natural conditions that are not conducive to non- t species. e than ten (10) trees are required to be planted to meet the requirements IS ode, a mix of species shall be provided. The minimum number of species e planted are indicated in Table 7-30. When a mix of species is required, no gle species shall exceed a 2 to 1 ratio relative to all other individual species. -------------------------------- Underline is for addition 8triJ¡e TÈlrs\i§'ÈI is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 8 PRINT DATE: 05/09/00 1 :J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ~ wi TABLE 7-30 Required Number Of Trees 11-20 21-30 31-40 41+ i. 1 shall be planted where it could, at mature height, conflict with overhead er lines. Larger trees (trees with a mature height of 30 feet or more) shall be nted no closer than a horizontal distance of 30 feet from the nearest overhead ower line. Medium trees (trees with a mature height between 20 - 30 feet) shall be off-set at least 20 feet horizontally from the nearest overhead power line. Small trees (trees with a mature height of less than 20 feet) shall not be required to meet a minimum off-set, except that no tree, regardless of size shall be planted within five -------------------------------- Underline is for addition Ctri]te Tare\:i~R is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 9 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '--' """" (5) feet of any existing or proposed utility pole, guy wire, pad mounted electrical transformer or other utility transmission! collection structure or equipment. Palm trees with a maximum mature height great enough to interfere with overhead power lines shall not be planted below overhead power lines and shall be located a minimum of two and one halt (2 1!2) feet, plus the average ma frond length, outside of any utility right-ot-way. The Communi ent Director, in consultation with Florida Power and Light Compa intain a list trees typically found in the South Florida that wth heights can reasonably be expected to interfere wi ead -------------------------------- Underline is for addition £t£iJre TÈ!.£8~!!È!. is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 10 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-' "'" 3. Shrubs and Hedges Shrubs shall be a minimum of twenty four (24) inches in height above grade immediately after planting. Hedges, where required, shall be planted and maintained so as to form a twe thirty (30) inch or higher continuous, unbroken, solid visual screen withir aRC (1) year eiQhteen (18) months after the time of planting. Twen five 25% ercent<lithe uanti of planted shrubs shall consist of native species. 4. Vines Vines shall be a minimum of twelve (12) inch be used in conjunction with fences, screens, 5. Ground Covers Ground covers, other than grass, shall be pi appearance and reasonably complete cov 6. Lawn Grass Grass areas shall be planted i County. Grass areas may b shall be used in swales or 0 protective measures sh I rmanent lawns in St. Lucie seeded, except that solid sod hen other than solid sod is used, rage is achieved. 7. Native Vegetation osed landscape area preserves the existing native vegetation, no additional will be required if adequate screening is provided. The Community Development Dir r, or Public Works Director, shall determine ifthe qualitv and quantity ofthe preserved aflve vegetation meets the intent of this Code. -------------------------------- Underline is for addition 8t£iJre Th£s\i3R is for deletion Redline is for adjustment from Bee review 04/18/00 Page 11 PRINT DATE: 05/09/00 ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 '-" .,.",.1 8. Tree Preservation. A preserved native tree that meets the standards below mav be substituted for any of the trees reauired bv the landscapinQ reauirements of this section. ª=. 25" - 30" 19" - 24" 13" - 18" 7" - 12" b. .L - I turf shall not be used in lieu of the plant requirements in this Code. artificial material in the form of trees, shrubs, ground covers, or vines shall not lieu of the plant requirements in this Code. -------------------------------- Underline is for addition Gtri]E6 TÌlFeu~R is for deletion Redline is for adjustment from BCC review 04/18/00 Page 12 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ., '-' ....I 7.09.04 GENERAL LANDSCAPING REQUIREMENTS A. REQUIRED LANDSCAPING ADJACENT TO P RIGHTS-OF-WAY The area between any building, off-street parking ar or road right-of-way, shall be designed and lands 1. A strip of land at least fifteen (15)~. or road right-of-way and any off- (1) tree for each thirty (30) lin tween the abutting street landscaped to include one or major fraction thereof. In addition, a hedge, w interior perimeter of t barrier shall be placed along the 2. ff-street parking or other vehicular use area landscaped with at least grass or other ground ned so that it will not interfere with the function of utili the public right-of-way through all such landscaping shall be rincipal use, parking or other vehicular use areas. scaped earthen berms may be used in conjunction with the planting of e provided that the intent of the visual barrier created by the hedge is Maximum slope ratios for all earthen berms shall be no greater than 3:1. ther similar barriers, whether they are constructed of opaque materials or not, may located y required yard, consistent with the provision for Section 8.00.00 of this Code. All êrimeter landscaping shall be located on the outside (street side) of the wall or fence. Any sonry, stockade or similarly constructed wall adjacent to a public or private street right-of- -------------------------------- Underline is for addition 8triJ¡e TRre1i~R is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #00-011c Draft #3 Page 13 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ., '-' '-' way shall be designed and constructed so that the wall face facing the street or road is articulated in such manner as not to result in a continuous flat wall surface facing the street or road right-of-way. Figure 7-31 generally depicts the placement of a fence or wall along a public or private street right-of- way. Pedestrian and vehicular access through any wall or fence are permitted, however the wall or fence shall be places so that adequate sight distance at any vehicular or pedestrian access is maintained. It shall be the responsibility of the property owner to maintain all Ian ing along the outside edge of any fence or wall consistent with the requirements of t . B. PERIMETER LANDSCAPING RELATING TO ABUTTIN 1. When an off-street parking area or other vehi an intervening building or structure from a screened shall be provided with a landscap Such landscaped buffer shall be designe landscape barrier not less than ~ four planting~ and to be maintained so as. to for \ .,....._. P.9.WJ.iIJS.._.._.._.._. G 3' mim from parking stall, incluing grass overhang 2' wide column, minimum. is to be 6" higher than the p, with decorative cap. Commercial Parking Lot or Building Area -------------------------------- Underline is for addition Stri][e Tkre1:i~k is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #00-011c Draft #3 Page 14 PRINT DATE: 05/09/00 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 ~ , '-" ....., solid visual screen after eiqhteen (18)months. between the off-street parking area or other vehicular use area and such abutting property. Such landscaped barrier shall be located between the common lot line and the off-street parking area and other vehicular use areas. 2. In addition, one (1) tree shall be provided for each thirty (30) linear feet or major fraction thereof of such landscape barrier. 3. Noncontinuous landscaped earthen berms may be used in c a continuous hedge provided that the intent of . ual maintained. Maximum slope ratios for all ea ms s Fences, walls or other similar barriers, whe not, may be located within any required y 8.00.00 of this Code. All required perimeter of the wall or fence. Pedestrian access tn however the wall or fence shall be placed so access is maintained. It shall be the res landscaping along the outside edge of any this Code. C. PARKING AREA INTERIOR LANDSCA 1 . Generally all have at least one (1) square foot of e feet or major fraction thereof of off-street e landscaped area shall contain a minimum all have a minimum width of at least ten (10) hade tree with the remaining area adequately er, or other authorized landscaping material not to Industrial Extraction (IX), and Utilities (U) will be exempt from andscaping requirements and only need to provide interior y req ed parking/access aisle areas. All other vehicular use areas are ior landscaping requirements.. ments into Landscaped Areas f a vehicle may not encroach upon any landscaped area. Two (2) feet of the epth of each parking space abutting on a landscaped area may be planted in extra r ground cover provided that a suitable motor vehicle stop is provided. -------------------------------- Underline is for addition 8tFiJœ TRFe~~R is for deletion Redline is for adjustment from Bee review 04/18/00 Page 15 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~ .. '-" '-" 3. Terminal Landscape Islands Each row of parking stalls shall be required to end in a landscaped island which shall measure no less than ten (10) feet in width, or less than fifteen (15) feet in length. At least one tree shall be provided for each terminal island. 4. Interior Landscape Areas No more than fifteen (15) parking spaces shall be interrupted by a minimum landscape area of single row of parking or four hundred square of continuous arkin laces and the ~ accommodate existina trees. Each interior ten (10) feet. One 1 shade tree shall be 5. Curbing All terminal landscaped islands and interi continuous raised, non mountable curb' of St. Lucie County as identified in all be surrounded with a cations for public works 6. Median Landscaping a. A linear lands satisfy, in pa Terminal is g rows of parking may be used to Section relative to interior landscaping. d in Section 7.09.04(C)(3). he owner of the land upon which such parkina is beina reserved shall enter into a written aareement which shall include a schematic portraval as to how the reauired parkina and loadina areas can be provided with the County. to be filed with the Clerk of the Circuit Court. with enforcement runninq to the County ensurinq that the -------------------------------- Underline is for addition c~£i]te 'TR£eU!!R is for deletion Redline is for adjustment from BCC review 04/18/00 Page 16 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~ ...., reserved parkinq and loadinq area shall never be encroached upon, used, sold. leased, or conveyed. for any purpose except in conjunction with the buildinq or use which the reserved parkinq area serves so lonq as the off-street parkinq facilities are required. b. c. d. D. VISIBILITY FOR LANDSCAPING ADJACENT TO T ACCESS ject property abuts the within the triangular areas between three (3) feet and six trimmed in such a manner that lowed provided they are so located equired grass or ground cover, shall not ccessway pavement. The triangular areas ccessway formed by the intersection of each side the pub -of-way line with two (2) sides of each triangle being from the point of intersection and the third side being a line o (2) other sides. at the corner formed by the intersection of two (2) or more public two ( sides of the triangular area being thirty (30) feet in length along the f-way lines, measured from their point of intersection, and the third side ing the ends of the other two (2) lines. FFER AREAS BETWEEN NON-RESIDENTIAL OR RESIDENTIAL OUSING THREE OR MORE DWELLING UNITS AND SINGLE FAMILY OR TWO TIAL USES ear yard perimeter buffer areas between non-residential or residential structure housinq ore dwellin units and sinqle family or two family residential uses shall be landscaped with -------------------------------- Underline is for addition GE£iJre 'FR£eti~R is for deletion Redline is for adjustment from Bee review 04/16/00 Page 17 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-' '-tI a masonry wall or opaque wood fence of at least eight (8) feet in height that forms a continuous screen between the uses. All masonry walls or opaque wood fences shall be landscaped with a continuous hedge along both the inside and outside base of the wall or fence. One tree shall be planted along the wall or fence for each thirty (30) linear feet or major fraction thereof of the length of the wall or fence. Tree plantings shall be alternated so that at least 60% of the required number of trees is located on the outside of the wall or fence. The remaining 40% of the ired perimeter tree plantings shall be located on the inside face of the wall or fence. Exts.tin n ve etation ma be used to satis all or art of the screenin re uirements u on of the Communi Development Director and the Public Works Director. All fences or walls shall be treated with an anti-graffiti of the property owner to remove any graffiti that may owner shall be responsible for the maintenance of al edge of any wall or fence. This landscaping shall be a healthy, neat, and orderly appearance free from re replacement of all unhealthy and dead material wi approved site planl or landscape plan. Violations landscaping shall be grounds for referral to the Code actions. The 60 day rule for compliance m Administrator or his designee to permit re Masonry walls or opaque wood fenc uired yard, consistent with the this perimeter masonry wall or if it shown to the satisfaction of the ers have signed a consent that indicates aque wood fence constructed along their . r is necessary to preserve any significant, sent shall be recorded in the lands records of nt is issued, the owner of the property on which All other landscaping gh a or fence may be permitted, however, the wall or fence shall be ight dl ance at the pedestrian access is maintained. Any wall or fence lic or private street right-of-way shall be designed and constructed so e street or road is articulated in such manner as not to result in a e facing the street or road right-of-way. Figure 7-31 generally depicts the or wall along a public or private street right-of-way. fthis section, non-residential uses shall not include any permitted or accessory use stitutional (I) or Religious Facilities (RF) Zoning District, except that a perimeter buffer n any residential zoning district and a permitted or accessory use in the Institutional (I) us Facilities (RF) Zoning District, shall consist of a landscaped masonry wall, opaque wood -------------------------------- Underline is for addition £E£iJ¡e TR£eCl~R is for deletion Redline is for adjustment from BCC review 04/18/00 Page 18 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 '-' ...,¡ To the extent permitted under Section 7.09.03(E)( Director shall encourage the use of preserved requirements of this Section. When making such Director shall attach a report to the building pi photographs or other acceptable documentation, th meets the intent of this Section. The Community D easement or similar restrictive covenant, if the e compliance with the terms of this section. An'l 7.09.03(E)(7) to meet the requirements 0 preserve area in perpetuity. If this pres no longer meets the intent of this Sec' requirements of this Section. F. receptacles shall be full'l screened from an'l residential use nd auditory barrier of not less than six (6) feet in height, or a scre consisting of evergreen shrubs or trees that shall be at least four and that can be expected to reach at least six (6) feet in height within onths. The screening shall extend the full length of an'lloading facility r~for ingress and egress; however, there shall not be greater than twenty (20) within the screen. TREET PARKING AND LOADING LOTS -------------------------------- Underline is for addition £t£i][e TR£8~~R is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 19 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . '-' ...., When an off-street parking or loading lot existed as of the effective date of this Code and such off- street parking lot is enlarged in area or capacity, the entire parking lot, both old and new, shall comply with this Code. H. LANDSCAPING AND SCREENING REQUIREMENTS FOR BACK-SIPHONAGE AND BACKFLOW PREVENTERS 1. It shall be the responsibility of the developer to landscape an 2. Backflow preventers shall be placed on privat 3. A continuous landscaped buffer shall be pi provide a visual screen from adjacent prop of eighteen (18) inches above grade imme maintained so as to form a four (4) foot or hi within one (1) year after the time of planting. , to imum nted and visual screen I. LANDSCAPING REQUIREMENTS FOR RESIDE UNITS 1. Any new residential structure c plant one (1) tree for every maximum planting of 17 tre area, the provisions of complied with. (3) units must preserve or t lot or parcel of land, up to a r parcel greater than one acre in otection and Preservation, shall be 2. his landscaping requirement shall meet the his Code. even - % ercent of the planted trees shall consist of native (Quercus virginiana), Laurel Oaks (Quercus laurifola), slash pine . s listed in Section 7.00.06(C)(2)(á), 7.09.04(L)(2) Native and EQUIREMENTS FOR ENCLOSED BUILDINGS OR GROUPS OF BUILDINGS PRODUCTION OF FOOD, PRODUCE, ANIMALS (LAND OR WATER SPECIES), ENTAL PLANTS OR TREES IN A AGRICULTURAL ZONING DISTRICT. -------------------------------- Underline is for addition Ðt£iJEe TR£e~~R is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 20 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-" ...,.¡ 1. Any new enclosed building, or group of buildings, used for the production of food, animals (land or water species) or ornamental products, excluding pole barns, sheds or barns used for the housing or sheltering of animals or livestock as an accessory use to the agricultural production operations, shall provide a minimum ten (10) foot wide landscape strip adjacent to, and around the perimeter of the building or group of buildings used for thi purpose. This landscape strip shall include at least one (1) tree, meeting the requiremen ·this Code, for every 30 liner feet of the building or group of buildings perimet 2.. ORC IluRdrcé (100%) Seventy-Five (75%) perce species such as Live Oaks {Quercus virginiana (Pinus elliotti), or other species listed in Secti Drought-Tolerant Vegetation. 3. Exceptions/Administrative Relief: The Community Development Director m paragraph if it is shown to the satisfaction building or group of buildings being used ~ species) or ornamental plants or trees . a.) more that five hundred ownership or control right-of-way are no operty that is not under the t-of-way and drainage canal termination; or, b.) ve vegetation buffer meeting the intent of etative buffer must be located on the ings is located on. If relief is granted under tation buffer is ever removed fro any reason, sible to provide new plantings consistent with the K. UIREMENTS & GENERAL DESIGN STANDARDS . g is provided, it shall be designed and arranged so that no source of uisance to adjoining property used or zoned for a residential purpose. II be so designed and arranged so as to shield public streets and highways rties from direct glare or hazardous interference of any kind. For non-residential property used or zoned for a residential purpose to the rear, or side, the following properties with a depth in excess of 200 feet: -------------------------------- Underline is for addition Ct!:iJre Tft!:8a~ft is for deletion Redline is for adjustment from Bee review 04/18/00 ordinance #OO-Ollc Draft #3 Page 21 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-" '>wi The maximum allowable mounting height of all outdoor light fixtures within 50 feet from the front property line is 25 feet, provided that such fixtures shall be shielded from public streets and highways to prevent direct glare or hazardous interference of any kind. The maximum allowable mounting height of all outdoor light fixtures between 50 feet from the front property line and 75 feet from the rear property line is 20 feet provide t such fixtures shall be shielded from all adjacent properties to prevent . or hazardous interference of any kind. The maximum allowable mounting height of all property line abutting a residential zoning dist . or not to extend above the height of the bun 2. For properties with a depth less than 200 f The maximum allowable mounting height of front property line is 25 feet. provided that s and highways to prevent direct glare or ha he maximum allowable mounting h . front property line and 25 feet fro shall be shielded from all interference of any kind. between 25 feet from the t provided that such fixtures t direct glare or hazardous The maximum allowa property line abuttin or not to extend a door light fixtures within 25 feet from any including the AR-1 zoning district is 6 feet all. tallatio ncealed source fixtures. These shall be cut-off he lens ot project below the opaque section of the fixture. All unted with a zero degree tilt. Ground mounted flood and spotlight inate the building facade are exempt from this requirement. nt throughout the site. ood d spotlights, if used. shall be placed on standards pointing toward d positioned so as to prevent light from glaring onto residential areas, Ings or walls and directed outward which creates dark shadows adjacent ounted outdoor lighting fixtures, other than those required by ordinances and s of the County, are prohibited on the rear or sides of buildings adjacent to tial zoning districts, including the AR-1 zoning district. All other building mounted oor lighting fixtures required by ordinances and regulations of the County shall be hielded to prevent light from glaring on residential areas. -------------------------------- underline is for addition GtrilEe Tkrs\i!!R is for deletion Redline is for adjustment from Bee review 04/18/00 Page 22 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-' ""'" 6. All outdoor lighting fixtures in place prior to March 1, 1999, shall be permitted to continue operation. However, any outdoor lighting fixture that replaces an existing fixture. or any existing fixture that is moved, must meet the standards of this Code. Existing fixtures that direct light toward streets, and are determined to be a traffic hazard, or existing fixtures that direct light toward adjoining property used or zoned for a residential purpose shall be either shielded or redirected within 90 days of notification. 7. Parks and recreational uses are exempt from the above req 8. Nothing in this Section is intended to contrave Turtle Protection). In the event of a conflict be standard shall apply. The Community Devel stricter of the two standards to be applied. (See Draft Ord. 00-012 for new p to ADMINISTRATIVE RELIEF FROM THE PROV Where the Community Development Dir any Final Development Order, that a r spirit and intent of this Code as configuration, he shall permit an Section. Any area landscape the alternate landscape are 1/2) times the amount that showing by the applicant for tions will not meet the general s, drainage or other issues of ccordance with the provisions of this e shall be designed in such a manner that rovided equal at least one and one half (1 e only to unincorporated areas of S1. Lucie County, County ereof, in conflict with this ordinance are hereby superseded by e is for any reason held or declared to be unconstitutional, inoperative, or void, the remaining portions of this ordinance. If this ordinance or any provision thereof icable to any person, property, or circumstance, such holding shall not affect its r person, property, or circumstance. -------------------------------- Underline is for addition 8t£ilte TR£e~~R is for deletion Redline is for adjustment from Bee review 04/18/00 Page 23 PRINT DATE: 05/09/00 Ordinance #OO-Olle Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . '-" ...., This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 3 PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Departmen PART G. ADOPTION. After motion and second, the vote on this ordinance was as Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Paula Lewis Commissioner Cliff Barnes Commissioner Doug Coward PART H. CODIFICATION. Provisions of word "ordi ordinan through cie County Code and Compiled Laws, and the r other appropriate word, and the sections of this plish such intention; provided, however, that parts B BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN -------------------------------- Underline is for addition Gtl':iJte TRl':e~!!R is for deletion Redline is for adjustment from BCC review 04/1B/00 Page 24 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 ''ifJ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 " '-' ....., APPROVED AS TO FORM AND CORRECTNESS: -------------------------------- Underline is for addition Ðtrihe TRre~~R is for deletion Redline is for adjustment from Bee review 04/18/00 Page 25 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 !,'"': . NOTlèE OF,' ESTABliSHMENT .. ORCHANGEOFREWlJLATION ' ~,; , AFFÊêTINGjTHÊ:USE'OF 'LÅND;')â~' 'of' ., ".;.r The Sl1 Lucie CÔUnty Board of County eommiSsioners propose to adopt the fol': lowing Ordinance:· ORDINANCE NO., 00-011 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMeNT CODE BY AMENDING SECTION 7.09.00, LANDSCAPING AND " SCREENING, TO' PROVIDE FOR ClARIFICATION . AND ,GENERAL AMENC-. MENl:SN3 FOLL.ows; AMENDING SECTION 7.09,01, PURPOSE, TO IN'DI-~, CATETHE RELATIONSHIP BElWEEN THIS SECTION ANDSECTl0N6.00.00~ , VEGET~TJòN PROTECTION AND PRESERVATION;, '.SY~ENOING SECTlOtf,. . 7.09.03,..GENERAL PROVISIONS, BY ClARIFYING THE REQUIREMENTS FOR~ . THE'S~B.MISSION OF ~DSCAPE DRAWINGS WiTH>Aü.,APPUCAT1ONS. FO~'B.U!LDING ~ITS,·,BY ··ESTABUSHING....A. P-OSI,'OEVElOPMENT' INSÆCTlON,REQUIREMENT FQR·LÞ.ND$CAPINGHEALTH'AND 'SURVIV~' .. BY FURTHER RESTRiCTING THE iJSE OFCERTAI~'NONNATlVETREE AND"! ' PLANT''SPEþlÐ?AND REaUIRlN(3. THEIR. REMOvAl" FRo... AN( SJTE,:ÓNi, WHICH A RNAL·DEVELOPMENT ORDER:18 ISSU!:D'.IF THEY AREDE1ëR",' MIN~D T9BE J:'RESENT" BX REDUCÍNG;J1iË"PeRÇENTAGE·QF NATIVE.! PLANTlNGS REQUIRED FROM tØO% . ro·75%, BY,.iREQUIRiNG THA"f.JN THOSE AREAS WHERESCRUBHABrrAT IS DETERMINED TO' EXIST ANti NEW PLANTS'MUSTALSO BE OFTHESCRUBVARlETY'tBY 'ADoING'r~~ REQUIREMENT-THAT 25% OF ALL PlANTED SHRUBS BE OFA NATIVE SPECIES, BY ADDING NEW STANDARDS FOR THE PRESERVATION OF EXISTING ,1REES;BY AMENDING SECTION 7.09.04 TO INDICATE THE RElA-" TlONSHIP 'BETWEEN, THIS SECTION AND SECTION 6.00.00 VEGETATION ' PROTECTlON;.·BY AMENDING THIS SECTION TO ClARIFY THE MINIMUM HEIGHT OF PLANTED MATERIALS BE1WEEN CONFUCTlNG LAND USES AT TIME OF PLANTING AND WITHIN 18 MONTHS OF PLANTING; BY ADDING' STANDARDS TÓ BE APPLIED TO ALL RESERVED PARKING AREAS, BY, ADDING TO THOSE USES EFFECTED BY THE EIGHT FOOT HIGI:I ~C- SCAPED SEPARATOR ALL MULTI-FAMIL Y DWELUNG UNrrS WITH 3 UNITS OR MORE CONTAINED THEREIN, BY AMENDING THE REQUIREMENT AFFECTING LANDSCAPING FOR ALL RESIDENTIAl STRUCTURES HAVE THREE OR FEWER UNITS; BY PROVIDING FOR CONFUCTlNG PROVISIONS;, BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPUCABILITY; PRO- ' VlDING FOR FlUNG WITH THE DEPARTMENT OF STATE; PROVIDING FO AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR, CODIFIcATION. ' A PUBLIC HEARING on Ordinance 00-011 will be helq before the St Lucie County Board of County Commissioners on Tuesday, May 16, 2000. at 7:00 PM or as soon thereafter as possible. In Commission Chambers of the Roger PoItras Annex Building, 2300 Virginia Ave, Fl Pierce, FL. Matters affecting your personal and property rights may be heard and acted upon, All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard, The purpose of this public hearing is to amend the St. Lucie County Land Development Code to. provide for amendments to the regulations governing land- scaping for all new development activities in the unincorporated areas of the coun- ty, This is the second of two required public hearings, If any person decides to appeal any decision made with respect to any matter con- sidered at the meetings or hearings of any board, committees, commissions, agency, council or advisory group, that person will need record of the proceedings and that, for such purpose may need to ensure that a verbatim record of the pro- ceedings is made, which record should include 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 proceed- ing will be granted an opportunity to cross-examine any individual testifying during a hearing upon request -.. This notice dated and executed this 1st day of May, 2000, BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA /S/ John D, Bruhn, Chairman PUBLISH DATE: May 4,2000 ~,{ NØ'T.ICE(Q~f",CÈsti8.LISHMENT . " ... .' .' -. ....~.,'~ \(': '...., 0,'." . ", '.' :. '. OR CHANCE\...; REGULATION AFFECTIN~TJlEUS":OF LAND þ . , . IÍ 'The SL LUCie County B..... of County CommIes...... ""'.... 10 'dopt the fOllowing Ordinance: , ORDINANCE NO. 00-011 t AN OADINANCE AMENDING THE ST,wciE ,COUNTY LAND DEVELOPMENT CODE By AMENDING SEC'J'IQN 7,09'00. lANDSCAPING AND SCAEENING, TO PAOVIDE FOA CLAAIFICATION AND GENEAAL ,,<\I,f!;J:lPMENTs AS FOLL9.W!¡i:!,\,'IENDING ."EC''JQN'c!'!!!',OJ" PUApÇSE, TO ·,;~DIC!\n; THE,. R~T¡ONß¡¡II1( , ", "'", ", ¡p~ ~e:òo,OO 'VEGETA'TION PAOTECT/ON A ; B M NDING SECTION 7.09.03. GENERAL PAOVISIONS. BY CLAAIFYING THE REQUIAEMENTS FOATHE SUBMISSION OF lANlJSCAPE DRAWINGS WITH ALVAPPlICATIONS FOA BUILDING PEAMITS. BY, ~ABUSHINGA ,POST DEVELOPMENT INSPECT/ON' REQUIAEMOOFOA ,LANDsCAPiNG 'HEALTH AND', SUAVlVAL. BY FURTHEA AESTRlerlNG' 'tHE USE OF C~RTAIN 1Íþ!j~A TlVE TREE AND 'PlJWr. ,Spe;çll'S :~Q;ÏI,EQUlRI"";TI:IEIA AEMoV Al ',FROM ANY SITE ON IVHIGH"',FINALDEVlli-bPMEÌllTOADEA IS ISSUED IF C1liEY"ÀAE 'DElE",MINE'D,>Tej' .BE', P"Ëiiem-, 'BÝ AEDUcl"" , THE PEACENTÂGE'OF,J'/ATIVE'Pi:.wnÌIIGs AEQUIA~D FAOM '00% TO 75%. BY AEQUIAING 'mAT IN THOSE' AAEAs ,WHEAE SCAUBfJAalTAT IS PETEAMINED TO exIST ANY NEW PlANTS MU~T AlSo BE OF THESCAUB VAAIETY, BY ADDING A AEQUIAEMENT 'mAT 25% OF AlL PlANTED ßHAUBS BE OF A NATIVE SPECIES. BY ADDING, NEW STANDAADS FOA : 'lliE PAESEAVATION OF EXISTING TAEES; BY AMENDING SECTION 7,09,04 TO INDICATE THE AELATIONSHIP BETWEEN THIS secTION AND SECTION 6.00.00 VEGETATION" PAOTECTION; By AMENDING THIS SECT/ON TO ' Cl.ARIFV, THE MINIMUM HEIGHT OF PlANTe;D MATERIALS BETWEEN "CONFlIcTING LAND USES AT TIME OF PlANTING AND WITHIN IB MONTHS 'OFI'Í.ANrING; BY ADDING STANDAADS TO BE APPLIED TO AlL AESEAVED PARKIN\" AREAS, BY ADDING TO lliOSE, USES EFFECTED BY THE EIGHT :.FOOT. HIGH LANDSCAPED SEPA!ATOA AlL MULTI-FAMIL Y DWElLING :. UNITS WITH a UNITS OA MOAE CONTAINED lliEAEIN, BY AMENDING THE :,~QU'AEMENT AFFECT/NGlANDSC)\PI!"G FOA ALL AESIDENTlAL · STRUCTuAES HAVE THAEE OA,FEWER UNITS; By PAOVIDING FOA 'cONFlICTING PAOVISIONS; BY , PAÒVIOING FOA SEYEAABILITY; "P""V/DING FaA APPLICABILITY; PAOVIDING FOA FILING WITH THE 'DEPARTMENT OF STATE; PROVIDI"" FPAAN ~FFECTIVE' DATE; ; PROVIDING FOR ADOPTION ANDPR.OVIDING FOR CODIFICATION. " ¡'A:~UBlIC HEAAING on Ontinance 00-01' wni be heIcIbefo~ /he St, Lucie County r"i>ud of Counly Comml'''''ne", on T......y. Mey1., 20()(, at 7"", PM '" os SOon ""1"._ os """'ble. In Comm""lon Ct\embe.. Of the FIoge, ,J'oItiIo! "''",.. ,,"""dI')g,,23OQ Vùgln/a Ave, FI. Pieroe, fl, ~ .O"""ng ..... po....., encl. ; ø<ôPêity'iioh" mày "" hoe... end eCtBd Ù¡jon, All ,__ ......, Me Invited to ; "'ncI"'Jd be he""" Wdlle<¡ co","'en" ~ io edvanoe Of thepUb/lohoedng , Will also 'be heard., ....~"..¡ ,.,\ . , . : 1ì!ò ;P- ot, tht, public heedng"" jg',âm''-Òd the SI. lUcle County L.end 'Doveiooment Code 10 P'<>vIde Ie.- a""'",,",e.ol> 10 /he 'eg",ation, gOVerning : ,"",,-ng too- all new devalopmenfaêtlvlli.... /he uni_atod' "'eos ot the : cOUnty. "'j'his Is the second of . two required pUblic he'!lrings. . . '.-~. fj:: '.'.r, -: :i,:¡..:,: ,; 'eny' P"<1'o<> - 10 ap- any -"on made WIth 'os".", 10 enYmatt", #,~al the meetings 0, hearing, 0' any, boa.., _miltee" _m_os, """""". """nOil 0' advisq'Y group, /het ....... will __ 'e""" of the PO'OOeedln.. and II\át, Ie.-' such pu<pOsè' ""'y need 10 ensu'"/hel e vO<'bat/m '""""' of the Ph>oØedJng, I, made, Which '-".Should lnoIUd<¡ /he leStlmony end -_ upon Which thee_aI I, to be """"', Upon the lequ.., of any party 10 Ihe, ~. IndividUal, ""lying during e he""ng w;II be sworn In, Any pady 10 the -"g will be g..- en _nity 10 """""xamlne any Indivldual/e"lyin9 juring it hèåring uPon request. -hi~ notice dated. and executed this 1st daYOf May, 2000. '·1:.-1'1'" :k!'ii?~, . BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ John D, Bruhn, Chairman PUBLISH DATE: May 4,2000 .....,,¡ '-' ""'" 00 REVISED 1 ORDINANCE NO. 00-011 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND 4 DEVELOPMENT CODE BY AMENDING SECTION 7.09.00, 5 LANDSCAPING AND SCREENING, TO PROVIDE FOR CLARIFICATION 6 AND GENERAL AMENDMENTS AS FOLLOWS; AMENIJ'~G<~ECTION 7 7.09.01, PURPOSE, TO INDICATE THE RELATIONSHIP'S EEN THIS 8 SECTION AND SECTION 6.00.00 VEGETATION PRÐ . TIQN AND 9 PRESERVATIQN; BY AMENDING St;~TION 7.09i{j'S; RAL 10 PROVISIONS, BY CLARIFYING THE·FîEQUIRt;MENTS 11 SUBMISSION OF LANDSCAPE DRAWIN~~:vvn:MALL APPLI 12 FOR BUILDING PERMITS, BY ESTABLlSH1~~':I!~OST DEVELOP 13 INSPECTION REQUIREMENT FOR LANI!)§IIp:I~G HEALTH AND 14 SURVIVAL, BY FURTHER RESTRICTI~$TFl5t+J.§Ë OF CERTAIN 15 NONNATIVE TREE AND PLANT SPECIES ANDFlEClUIRING THEIR 16 REMOVAL FROM ANY SITE ON .. A FINAL<DE~ELOPMENT 17 ORDER IS ISSUED IF THEY AR§IJ>.>....JNED TOBE'PRESENT, BY 18 REDUCING THE PERCENTAG&';;QF N'~1IXlI:~k)\N.tINGS REQUIRED 19 FROM 100% TO 75%, BY RE~(jIRINq!THATIN·11-tCE)SE AREAS WHERE 20 SCRUB HABITAT IS DETERMINED 'FO EXISTA.NYNEW PLANTS MUST 21 ALSO BE OF THE SC 'iB V AR'§rv, BYIDDING A REQUIREMENT 22 THAT 25% OF ALL P !TED S.J:lUBS BeOF A NATIVE SPECIES, BY 23 ADDING NEW STA DS F . THË<~RESERVATION OF EXISTING 24 TREES AND NA GET~ .;;~'Y AMENDING SECTION 7.09.04 25 TO/INDICATE LATION.IÞ'BETWEEN THIS SECTION AND 26 SECTI~~~.OO. ...... ATION PROTECTION BY PROVIDING THAT 27 LAND§.~I~lNG SË DESIGNED SO THAT IT WILL NOT 28 INTERFËF1EVIlITH 'f.WNCTION OF UTILITY EASEMENTS; BY 29 AMENDINGm: ··§EC .N TO CLARIFY THE MINIMUM HEIGHT OF 30 P.LANTED M BETWEEN CONFLICTING LAND USES AT TIME 31 OF PLANTIN.. ITHIN 18 MONTHS OF PLANTING; BY ADDING 32 STANDARDS 1Ð APPLIED TO ALL RESERVED PARKING AREAS, 33 BY ADDING Te THOSE USES EFFECTED BY THE EIGHT FOOT HIGH 34 LANDSCAPEÐ SEPARATOR ALL MULTI-FAMILY DWELLING UNITS 35 WITH 3 UNITS OR MORE CONTAINED THEREIN AND BY PROVIDING 36 FOR WAIVER BY THE BOARD FOR ANY PUD, PNRD QR PMUD, BY 37 AMENDING THE REQUIREMENT AFFECTING LANDSCAPING FOR ALL 38 RESIDENTIAL STRUCTURES HAVE THREE OR FEWER UNITS; BY -------------------------------- Underline is for addition 3L..';'h.~ 'fl...uu.~l, is for deletion Redline is for adjustment from BCC review 04/18/00 Page 1 PRINT DATE: 05/09/00 ordinance #00-011c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ~. .....,; PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Floridài;;;ha~made the following determination: 1. 2. On· August 1, 1990, the Board of County Florida, adopted the St. Lucie County Land .. ....-... . .._------... missioners 01$t. LuoJe County, Code. 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-23 - 99-02 - 99-04 - 99-15 - 99-17 - 00-1 0 - The Board of County Commissioners has Lucie County Land Development Code, thr amendmentsto:theiSt. Ordinances March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1 January 1 March 4, May 14,1991 June 2, 1992 16, 1993 25,1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20, 1999 July 20, 1999 November 2, 1999 3. OnFebrua~1:'7t~QOO, the Local Planning Agency/ Planning and Zö·Comnìi$ßj~,m.~~!8a public hearing on the proposed ordinance aftUþlishing 'eln the Port St. Lucie News and the Tribune at least l' a.ys prl'to the hearing and recommended that the proposinance be approved. Ordinance #OO-Ollc Draft #3 On April 18,/20000, this Board held its first public hearing on the propose(:lordinance, after publishing a notice of such hearing in the Port SkLucie News and the Tribune on April?, 2000. 16, 2000, this Board held its second public hearing on the ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 4, 2000. -------------------------------- Underline is for addition 3LL ';'J,.", 'fluvu-,¡l. is for deletion Redline is for adjustment from BCC review 04/18/00 Page 2 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ~ 'wi 6. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health safety and public welfare of the citizens of St. Lucie County, Florida. PART A. NOW, THEREFORE, BE IT ORDAINED by the Lucie County, Florida: of St. THE SPECIFIC AMENDMENTS TO THE ST. READ AS FOLLOWS, INCLUDE: ***************************.***** Ctil:APTljiR ,...,-., .-.-.-. DEVELOPMENi,¡d:ESI f'iN AN; ST ARÐS 7.09.00 LANDSCAPING AND SCRËENING 7.09.01 PURPOSE The purpose Qftl"lis'$e to setfgñh regulations for the proper installation and maintenance of landscaping and the ténof native ve etation that will contribute to air purification, regeneration of oxygen, absorption of wa ent of noise, glare, heat, and control of erosion, as well as enhance the aesthetic character an af surrounding neighborhoods and thereby promote the general welfare of the community. Such lallØs ng would also assist in traffic control, both vehicular and pedestrian. The provisions of the Veaetatiön and Preservation Section of the Land Development Code (Section 6.00.00) shallsupersede the provisions of this Section to the extent of conflict. 7.09.02 APPLICABILITY The landscaping requirements of this Section shall apply to all non-residential uses, including all requested -------------------------------- Underline is for addition 3L~';'J...<; 'fL~vu~l, is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #00-011c Draft #3 Page 3 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ...." changes in use, except for those uses interior to a common shopping center or similar multi-user building or structure provided that no additional parking is required, regardless of site plan status, mobile home parks and subdivisions, recreational vehicle parks, and multiple-family residential uses. Detached single-family (including individual mobile homes not located in a mobile home park), two-family, and three-family residences must comply only with Sections 7.09.03 and 7.09.04(1) of this Code. Bona-fide agricultural uses and operations are exempt from the provisions of this Section, except for that portion of the~tivity involving the retail sale of materials produced on site, and as may otherwise be requiredþy thisçøde. 7.09.03 GENERAL PROVISIONS A. REQUIREMENT FOR LANDSCAPING PLAN A geFleral landscaping plan shall be required with any new structural construction or addition to any ex are part of a bona-fide agricultural use or operatio addressed by this Code, and that as part of that operªijôna produced on site. The landscaDe Dlans for all non-residential u~~~,;~~~~~dless of site'~I~~;~åtus: mobile home Darks and subdivisions: recreational vehicle Dar~~~~l!!¡!t1~~~!!amilv resiéi:l~ntial uses shall be DreDared. sianed and sealed by a reaistered FI<:lrÌäa:;;;Laf'l~~:!;,;~~~hitect>?r'as may be Dermitted under Section 481.329. Florida Statutes. L~~t!fscaDe ~1~&~~~~1'I!~~f?~~etached sinale-familv lincludina individual mobile homes not locateddn a mobil~;¡;lìomei¡~~!'~tVíø;.familv. three-family residences. and bona-fide aaricultural uses and oDeratiQnS. are exemôtb'from the reauirement for sianed and sealed landscaDe Dlan. exceDffor that oortion of an¥:'¡ bona-fide aaricultural use or oDeration involvina the retail sale of materials Drocjªêed on sit(3:~,Jånd as may otherwise be reauired by this Code. .. ,'permit applicatiðiîls¡;is()~ted with re, except for those,\sttuctures that s may otherwise be specifically f'lvolve the retail sale of materials In adpition to demon~ttªtj9gcomplianªother provisions of this Code, all landscaping plans must~~?\Vthe 10~ti0f'1·~J;ª!lexisting< óposed utility lines and rights-of-way. The general landscªp~plªns shalHn . ·e relationship of the proposed landscaping to these utility lines and rightsi.Qf-wåY'2ìnd shall" trate compliance with the other provisions of this Code. The gel"l.eI'f).Llat'l(l~pe plansÞállidèntity the type and quantity of all plant and tree species to be instªllèdicof'lSiStØntWìtþ the provisions of this Code. Prior to the issuancêófa",ycertificate of occupancy or other final occupancy/use authorization, the COffll'fl unity DeveleprnêFìtDirector Public Works Director shall inspect and verify that the landscape plantings on the próperty are consistent with the approved landscaping plans. INSTALLATION AlIlandscaping shall be installed in a professional manner according to accepted planting practice withthé quality of plant materials as hereinafter described and shall be irrigated by automatic means, except for.:. dDetached single-family (including individual mobile homes not located in a -------------------------------- Underline is for addition :3 L~ ':'J,.", 'f¡,~ vu,.L is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #00-011c Draft #3 Page 4 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ..., mobile home park), two-family, and three-family residences are exempt from this automatic irriaation reauirement. C. IRRIGATION Any new. reauired. automatic irrigation system installed, including those detached single-family (including individual mobile homes not in a two-family, and three-family residences shall incorporate the installed for home park), 3. 1. Zoning of irrigation systems: Sprinkler heads shall be circuited or zoned 2. Automatic rain shut-off devices: Automatic irrigation systems shall be each zone. a. Sprinkler heads shall be b. The effects of wind spray nozzles. by requiring low trajectory 4. Maintenance of Irrigation systems irrigation condition at all times, to prevent waste of 5. Irrigation D. MAINTENANCE 1.,. The ownewshalPbe responsible for the maintenance of all landscaping, which shall be maintainedin él good condition so as to present a healthy, neat, and orderly appearance free from refuse and debris. Maintenance shall include the replacement of all unhealthy and dead material within thirty (~O) sixty (60) days after a notification of a violation in conformance with the approved site plan/ or landscape plan. Violations of this section, or faHure to maintain all required landscaping shall be grounds for referral to the Code Enforcement Board for appropriate enforcement actions. The 00 60 day rule for compliance may be extended, when necessary, by the County Administrator or his designee to permit recovery from acts of nature s~ch as.a hurricane or a freeze. -------------------------------- underline is for addition 3 LL ';'1,.", 'fla uu",J. is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #00-011c Draft #3 Page 5 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' """'" 2. As part of the issuance of anv Final Development Order/Permit reauirina the installation of landscape materials as set forth in this code. excludina detached sinale-familv lincludina individual mobile homes not located in a mobile home park). two-familY. and three-familv residences. the property owner shall submit to an inspection of the planted/preserved materials 18 months after the issuance of a certificate of occupancy or other use authorization as may be aranted by the Public Works Director for the <OOuntv. If it is determined that the planted landscapina is dead. diseased or otherwiseimat in compliance with the provisions of this Code and the oriainal approvedl~m~~~~~ði;;blan. the property owner shall be provided notice and directed t~;øprrect ~n¥,í\O~~~~ed deficiencies and replace ~II noncompliant materials within 62~;~P'_ FàntJ~~';;~!!~~~!,~tain all reau~r~~ landscaplna shalt be arounds for referrlil to t~~IfÐde Enfor~tne~~;¡!~~~e.for approprl,a.té enforcement actions. The Public Works miršctor is authorizeÖ;¡tâ;;;tmotf.td,e within:;.the buildina permit fee. adeauate charaes to covëì: the costsøf enforcinõ;jìlnâ1ìfe~uiretnêríÍs of this section. . .... . E. PLANT MATERIALS 1 . Quality Plant materials used' conform to the standards of Florida NO.1 or Standards for Nursery Plants·, t9T8, Department of Agriculture and Consumer ServicØ to meet thåtéâ\.Jitements of this Code shall in the md$~.,:éœnt edition of ·Grades and ", ,Florida .. ',·C,',:·-,',-,", ...'.........;......'<._ :"::<:-::::::':.:<:::":.:-' All plant materials shall be insect-,al"ld disea$ø~ resistan~í,;å.R'C:1'Shall be clean and reasonably free of weeds and noxious pests ()tdiseases when install~~. Plant materials that are known to be intolerant of paving environ~~pts, whosø,physical c~~racteristics may be injurious to the public, or that produce a quantity aodquality of:cjebris so~';lo present maintenance difficulties shall not be specified for use unciertl"1is Code . .. . - . . ðt;~~~~r4~,.~ or Bêt=t~~;~I¡~~~.il"l"Orades al"ld Ctal"ldards for Nl:lr"3er;' rlal"lts", 1 ::>7:3, al"ld "Grades al"ld~~~~~~~~~;for Nur~~~ì;,~,I~,~t~:', raft II, rloriela Depaftmel"lt of Agriculture al"ld COl"Isumer Cervices,...øl'..~~~~rds equåltI"!Ø~.tð. All pl~"tI'n8tê~¡~Iª;~h~Lþe il"lseêt'al"ld disease resistal"lt, al"lel shall be cleal"l al"ld reasol"laBly free ~f'Needs al"ld l"Ið~i~~p;~~~~ or diseases ·....hel"l il"lstalleå. rlal"lt materials that are 1(1"10·....1"1 to be il'\toleffil"lt of pa"tiI"l9~Í'I~~~"mel"lts, ·..,hose physical eharacteristiœ may be il"ljurious to the public, or that produce a 9W~l'þ' al"ld quality of eleBris so as to presel"lt mail"ltel"lal"lce difficulties shall not be specified for u3~ ul'\êler this Code. 2. Trees a. Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet in St. Lucie County and have trunks that can be maintained in a clean condition. Trees having a mature crown spread of less than fifteen (15) feet may be arranged or gro,uped ~o as to create the equivalent of a fifteen (15) foot -------------------------------- underline is for addition 3L...';'h... 'fluuu.~l, is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #00-011c Draft #3 Page 6 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 '-' ...., spread. however, any such group or groups shall only count as one (1) tree for the purpose of compliance with this Code. b. Palm trees may be clustered into groups of three (3) to achieve this minimum fifteen (15) foot crown. All palm trees shall have a minimum clear trunk of ten (10) feet when installed. Three palm trees are equal to one shade tre~;paving a mature spread of fifteen (15) feet. Tree species shall be a minimum of twelyª (12) feEltitn'tiøîght and have a caliper of two and one-half (2 1/2) inches at foyr'!~~i:øne-ha.lf .. above the when installed. Height shall be deterlJ)in~d by the ave. the tallest branch or two. c. d. All required trees, except palms, trunk and a minimum five (5) foot ave:aminimum of . read at time of plan e. Trees of species whose roots are kij~ø'2amage to public roadways or other public works shall not be pia .........~{ Ive (12) feet to such public roads ør works, unless the tree root system is'i¢Øm contained with a barrier for which the minimum dimen all be fivê'~ quare and five (5) feet deep, and for which thecølÎ$'røquiremeiì ..... all be four (4) inch thick concrete reinforced withÒÛmbè'..$iXiíð):rp~d mes1l(6x6x6) or equivalent. None of the following trees sh~lI!be ùâ~~'~'T~êt t¡'e requirements of t¡'ig section planted in St. Luci~Countv'.\tVnere suc~;sØècres alreadv exist. their removal shall be a condition of anv finaLdevelopmenfjørder. f. Melale!,ICa løµcadendra (PlJl1kTre~) Casl,JátiO~l~PP. (Australianf"ine) Schinus terebinthefolius (Brazilian Pepper) following species, or any species designated as Category I on the Exotic' ..østCøuncil's most recent list of "Florida's Most Invasive Species," be ùsE'Ìij tõ meet the requirements of this section: aria.cardiodes (Carrotwood) Dalberaiasissoo (Rosewood) (Earleaf Acacia) Albizzia lebbeck (Woman's Tounge) heterophylla (Norfolk Island Bishofia javanica (Bishofia) actinophylla (Schefflera) Enterolobium cycocarpum (Ear tree) Eucalyptus spp. (Eucalyptus) Ficus spp. (Non-Native Ficus) Grevilla robusta (Silk Oak) Sapium sebifrum (Chinese Tallow Tree) Syzygium cumini (Java Plum) Melia azedarach (Chinaberry) -------------------------------- Underline is for addition .3L....;.h" 'Tl'Lu,,~l. is for deletion Redline is for adjustment from BCC review 04/18/00 Page 7 PRINT DATE: 05/09/00 Ordinance #OO-Ollc Draft #3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2~ 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 1 2 3 4 5 Ordinance #OO-Ollc Draft #3 ft- . '-' ~ cinnamomum camphora (Champhor Tree) Uaustrum Sie\nec\nse (Chinse Privet) Scaevola Sericea. S. Taccada. S. Frutescens (Scaevola) syaygium Jambos (rose apple euaenia uniflora (surinam Cherry) Psidium SuPP. (Guava) PeltophorumoterocarolJrri (veil ow poinciana) g. and all non-native fruit trees such as grapefruit trees. Fifty (50) percent of the required t except that on North and South H Director may approve the use of mi if it is demonstrated to the satisfa exposed to high salt impacts or ot conducive to non-coastal plant sPE:} h. When more than ten (10) trees of this Code, a mix of speci to be planted are indica1 . single species shall exceed ired to beR!~ØtEld~Q meet the requirements rovided. ŸqØ':rtlinimum number of species When at;[lÍx of species is required, no tiv~,to all other individual species. TABLE 7-30 Minimum Number Of Species 2 3 4 5 i. O"elll.ll'ldl'ed (100%) Seventy Five (75%)percent of the plaRted trees shall consist ofoativespecies such as Live Oaks (Quercus virginiana), Laurel Oaks (Quercus laLirifola), slash pine (Pinus elliotti), or other species listed in Section 7;09.06(C)(2)(d) 7.09.04(L)(2). Native and Drought-Tolerant Vegetation. The requirements for canopy or shade trees shall be exempted by the Community Development Director when the proposed location of the canopy or shade trees will be in conflict with overhead power lines as described in Section 7.09.04g.{E)(2)(ff!l of this Code. The CeffiffiuRity DevelepffieRt Public Works Director shall require mitigation at a minimum ratio of one inch to one inch to compensate for the loss of any canopy or shade tree as outlined in Section 6.00.05(0). -------------------------------- Underline is for addition 3L~ ';'h", Tlavu!jJ. is for deletion Redline is for adjustment from Bee review 04/18/00 Page 8 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ~ ......, 1. If any development activity is to occur on a site located on Hutchinson Island. that has. or has been determined to have. native scrub veQetation and habitat present prior to the commencement of buildinQ activities. anv new tandscapinQ material introduced to the site pursuant to the requirements of this code. shall complv with the restrictions of Section 7.09.04~ (M). k. If any development activity is to occur on a site located on.anv parcel of land located west of the Atlantic Intercostal W aterwav. thatrnas, or.f:1åsbeen determined to have. native scrub veQetation and habita.t preseIit11l)~iiJf~'!\;the commencement of buildinQ activities. any new landsca~iø~ateriar1Ît~()~!!f.i;;~~ the site pursu~~t to the re uirements of this code sâfff&m I witf:1'ffUìêJ!IYèSlietions of Section 7.09.04-ffif9HN). H. i)ij)verhead Palm trees with a maXimum m'enough to interfere with overhead power lines shall not be plan. . below d power lines and shall be located a minimum of,þNÓt;ind onernålf (2 1/2) t, plus the average mature frond length, outside of éil'1.yutility ri J"'of-way...fflfle Community Development Director, in consultation with Flori ower ~~:Light Company, shall maintain a list trees typically føþnd in th !11)6~~î:fêìa area that at mature growth heights can reasòôt;iþlyþe expectij ;;int~jere with overhead power lines. -------------------------------- Underline is for addition 3L...';'hc Tluv...~I. is for deletion Redline is for adjustment from Bee review 04/18/00 ordinance #OO-Olle Draft #3 Page 9 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' """ Figure 7-30 Large Trees Large Palms 3. 30' minhlum HIback twenty four (24) inches in height above grade immediately required, shall be planted and maintained so as to form a ch or continuous, unbroken, solid visual screen within eRe (1) year ei hte .....«>.~~s after the time of planting. Twenty five (25%) oercent of the Quantity of olanteâ1;slîJttil13§1shall consist of native soecies. 4. Vines Vines sha.ll be a minimum of twelve (12) inches in height immediately after planting and maybe used in conjunction with fences, screens, or walls to meet physical barrier reqUirements. 5. Ground Covers -------------------------------- underline is for addition 3LL ';'h.~ 'fl'Luu;,¡l, is for deletion Redline is for adjustment from Bee review 04/18/00 Page 10 PRINT DATE: 05/09/00 ordinance #OO-Ollc Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-" ...,¡ Ground covers, other than grass, shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within four (4) months after planting. 6. Lawn Grass 7. Grass areas shall be planted in species normally grown as County. Grass areas may be sodded, plugged, sprigged, or shall be used in swales or other areas subject to&~rosion. used, protective measures shall be taken until,dl!j:!Ilete Native Vegetation .....0 .0. " IRe pre5el'V~t¡e"êfexi$tiRg nati'l~Ýè~~f4u6fljaret1ÙJred 't'v'Rere· t~e loeation ..~said 't'e~etatið.Í"l i3 notJ~,~nfH~. \vith thep~:~~tÞ\Ï!Jdi~;or.,parld"; ~~,~>~e,66rMnUl'lity ~~:k)~~:~d~'_~~~:~~~~~~~~~~Îi&t~~~iê~~:r~Þ~~i~~i~: or protèctin~ a~::S~~iá:161'1i"ieue:ext~in§tf~ët~~rfl8tìveRaþi~d~ 8. If the proposed land pEt area prøserves th xisting native vegetation, no additional plantings will be req if adeqyªtå screeni s provided. The Community Development Director or Publi orks Directõr, shall. ermine if the Quality and Quantity of the preserved nati'(~ ~I'etation m'êêí$"tVe.il'ltê t of this Code. Tree PresårvatiornL . - - ".,..... . . A oreserved natiVë:treEhthat meets the standards below may be substituted for any of the treesrëauired bv tffêKläridsœpinQ requirements of this section. a. Creditl:latio: Preserved native trees shall be credited for required trees. pursuant tothefollowinQ ratio DBHõfDreservêâ CreditBatiO towards native tree reauiredtrees 31 " - 36" 8 25" - 30" 5 1 9" - 24" 4 1 3" - 1 8" 3 -------------------------------- Underline is for addition 3L....:.h~ 'fluuu~l, is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 11 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 .......- -- '-" ....", DBHióf)l'eserVêd CrêditRâ.tiôtôwâ.rds l1ative tree rêauireötrêes 7" - 1 2" 2 2" - 6" 1 b. Trees Ineliaible for Credit Ratio: No credit shall be a.'~t1ted fOf'I,trees which are: ..'---.--..,....'.'.,.".,'..'..,..' 00' /<.--"" ".,,','''.',''''''''".''''''''''''''','/'< 3. located within re uired re tion areas' 4. dead. dyina. diseased or in.Î:infest~iif: 5. damaaed from skinnina. bå~!~~~rj~Umpina: or, 6. suppressed trees which ni~*líièêrl overtopped and whose crown development is restricted fromtiiiRvš,iêîùe to their relative size in relation to surroundina trees. &.- 9. Synthetic Lawns Synthetic or artificial turf shall notbê:ûsêqiøUØuQf the plaQtirêquirements in this Code. 9.1Q.,. Synthetic Plants Synthetic or artificial materiâ.1 in the fql'l1l of trees¡shrubs, ground covers, or vines shall not be used in lieu of theptå.ntrequirel'11ents in this.Code. 7.09.04 GENERAL LAN DSCARfNG REQUIREMENTS ø;ôts shall appfyto all non-residential, mobile home parks/subdivisions, . residential uses, including all requested changes in use, except enter or similar multi-user building or structure provided that ired, rê of whether a site plan is required or not. All development activit shall co rovisiônsPôf the Ve etation Protection and Preservation of the Land Development Code (s'!êØ¡OÔ}:which shåll supersede the provisions of this Section to the extent of conflict. Existin9"¥eaetation mav6ê::~~êd',~~wards landscape reauirements. in accordance with the auidelines set UP in~šbtion 7.09.03(E)(~1¡\V~~i:apProval from the Community Development Director. For the purposes of native tree protection. dimensional criteria in this section shall be reasonably flexible. with approval from theCômmunity DevelODltíêl1t Director. A. REQUIRED l;ANDSCAPING ADJACENT TO PUBLIC OR PRIVATE STREET OR ROAD RIGHTS-OF-WAY l'heareábetween any building, off-street parking area or other vehicular use area abutting a street orroad right-of-way, shall be designed and landscaped as follows: -------------------------------- Underline is for addition :3 LL ':'h.", 'PIa vu\,l, is for deletion Redline is for adjustment from Bee review 04/18/00 ordinance #OO-Ollc Draft #3 Page 12 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' "-" 1. A strip of land at least fifteen (15) feet in depth shall be located between the abutting street or road right-of-way and any off-street parking area and shall be landscaped to include one (1) tree for each thirty (30) linear feet of abutting right-of-way or major fraction thereof. In addition, a hedge, wall or other durable landscaping barrier shall be placed along the interior perimeter of this required landscaped strip. a. 4. Necessary accessways from the public righ . permitted to service the principal use, parki 2. All property lying between the right-of-way and off-street parki outside the required landscaped strip shall belªodscapE¡!. ground cover. 3. Landsca in shall be desi ned so that it /iwiíl not interferêw easements. 475. . rough all such ;!¥~hicular use areas. Noncontinuous landscaped earthen berms,¡¡ay b a continuous hedge provided that the intent of the v....... maintained. Maximum slope ratios f()r~I)ÊJªt;tl1en berms!stT 'unction with the planting of reated by the hedge is o greater than 3:1. Fences, walls or other similar barriers, wl1~thêtthe~~~~~östructedA>fópaque materials or not, may be located in any required yard, con~~teÌ1t with tl'lep~ t;$'ection 8.00.00 of this Code. All required perimeter landscaping sh . 10catediOn thetreet side) of the wall or fence. Any brick, masonry, stockade or simil constructed wall to a public or private street right-of- way shall be designed and co ted somât the wallf~ ce facing the street or road is articulated in such manner as not to r . .... a contiQjObus flat ~~JI surface facing the street or road right-of- way. Figure 7-31 generall icts the,~1ªèementº(ª{fence or wall along a public or private street right-of-way. Pedest' arnd vehicul I1tóugh any wall or fence are permitted, however the wall or fence s ;jJaces so âte sight distance at any vehicular or pedestrian a~~§ii~maintainC e the re ility of the property owner to maintain all landscaping aloijg·~t;¡eoutside e nce or wall consistent with the requirements of this Code. B. PERIMËTe ;@/\~ING TO ABUTTING PROPERTIES 1. reet par!ijÌ1g area or other vehicular use area will not be entirely screened ;'Q,µilding or structure from abutting property, that portion of such area not screene . provided with a landscaped buffer of not less than ten (10) feet in width. Such landsdâ.Þød buffer shall be designed and planted with a hedge or other durable landscapêparfier not less than ~ four (4) feet in height .....itl=lil'l 61'1e (1) year after at planting..âÌ1d to be maintained so as. to form a six (6) foot or hiaher continuous unbroken. solid visûâl screen after eiahteen (18)months. between the off-street parking area or other vehiçqlâr use area and such abutting property. Such landscaped barrier shall be located betWeen the common lot line and the off-street parking area and other vehicular use areas. 2. In addition, one (1) tree shall be provided for each thirty (30) linear feet or major fraction thereof of such landscape barrier. -------------------------------- Underline is for addition 3L... .a.c 'fluvu"l. is for deletion Redlîne is for adjustment from Bee review 04/18/00 Ordinance #00-011c Draft #3 Page 13 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 3. ~ '-' FIGURE 7-31 l \.-_.P.!1.\'Udos.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._..-..-..-..-..-.. 2' Hedge. typical. (30" inches within one Yem') in front of all Wall Sections. Typ. 2' wide column. minimum. Column is to be 6- higher than wall top. with decorative (i' -+ ""S (\) (\) -+ ! fl Area ed earthen berms may be used in conjunction with the planting of id~d that the intent of the visual barrier created by the hedge is óþi:tratios for all earthen berms shall be no greater than 3:1. otheršimilar barriers, whether they are constructed of opaque materials ~ted within any required yard, consistent with the provisions of Section 8.00.00 of¡.t~ê. All required perimeter landscaping shall be located along the outside of the waUo~f~nce. Pedestrian access through any wall or fence may be permitted, however tþe wall or fence shall be placed so that adequate sight distance at the pedestrian access isrnaintained. It shall be the responsibility of the property owner to maintain all landscaping along the outside edge of any fence or wall consistent with the requirements of this Code. 1 . Generally C. PARKING AREA INTERIOR LANDSCAPING Ordinance #OO-Ollc Draft #3 -------------------------------- underline is for addition ßLL ';'h." T,Lvu.~l, is for deletion Redline is for adjustment from Bee review 04/18/00 Page 14 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 '-' ...., Surface parking and other vehicular use areas shall have at least one (1) square foot of interior landscaping for each eighteen (18) square feet or major fraction thereof of oft-street parking and vehicular use area. Each separate landscaped area shall contain a minimum of one hundred eighty (180) square feet and shall have a minimum width of at least ten (10) feet and shall include at least one (1) shade tree with the remainingªrea adequately landscaped with shrubs, ground cover, or other authorized landscapi~gmaterial not to exceed three (3) feet in height. Properties that are designated Industrial Extra¢ti~mi(IX), åna"ti.J~I~ .... from any parking area interior landscaping requitêments angè)" landscaping for any required parking/access!j¡ijsle areas. AU:ôth exempt from the interior landscaping requirØments.. 2. Vehicle Encroachments into Landscaped A~~~; The front of a vehicle may not encroach up required depth of each parking space ab4 extra grass or ground cover provided that ä suitable ed area. Two (2) feet of the area may be planted in stop is provided. 3. Terminal Landscape Islands Each row of parking stalls shall be r~(;tJired':t q;!iÍifia landscaped island which shall measure no less than ten6~(» feet iry",rdth, or lãíi fifteen (15) feet in length. At least one tree shall be provigødifor eacl:\literminal islªnd. 4. Interior LandscapeArêas No more than (15) par~i" ·······~§shall be permitted in a continuous row without being interrù minimum¥ pe area of one hundred eighty (180) square feet fora single 0tf()W,n~ngr~~~suare feet for a double row of parking.mhê nurrtbel'ofc6 ·In .. ·faøl;at:lCj¡¡;ltifø This minimum re uired distance ma be altel'~dt~ accomm~~f~"~)<istina trees. Each interior landscaped area shall have a minimuntwidth of tenf':<J)'feet. One (1) shade tree shall be orovided for each interior island~ 5. Curbing All terminatlandscaped islands and interior landscaped areas shall be surrounded with a continuous raised, nonmountable curb in accordance with the specifications for public works orst. Lucie County as identified in Chapter 13 of this Code. Median Landscaping -------------------------------- Underline is for addition 3L~';'h.~ TL~v...,.l, is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 15 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' .....,; a. A linear landscape median between two abutting rows of parking may be used to satisfy, in part, the requirements of this Section relative to interior landscaping. Terminal islands are required as described in Section 7.09.04(C)(3). b. A landscaped parking lot median must be a minimum of eight (8) feet in width and provide for the planting of at least one tree for every thirty line~f'feet of median length or fraction thereof. All parking lot median landscap~dareas shall be protected with a continuous, raised, nonmountableBY~þ>i9~êCordance with the specifications for public works of St. Lucie>~unty asiø~l'1tifi~d in Chapter 13 of this Code. ....... .......... ..... ,--'" .....,.,< ......., '..,.,.,',','..,'.,-.-.....................- ',-.'-, 7. Reserved Parkina Area LandscaDe Reauiremêhts (7.06.02,(8) (4}l> , .._......'. ,'-.-.-----. ................:...'_....._.:<:««-:-:.-:..:.:.:.,.<, ','.'. ....-.-..--. .........-.-...-.,. .,-.-.-.............................,:', Where. in the determination of the Public W~r:~;~i~~ctôr. the reauired;1B~!!~~,;mi'Darkina and loadina SDaces is excessive for a sDeêif!~%jtJ.s~~~!~e owner or aaentkímavsubstitute landscaDina in lieu of Davina Drovided saidi>i~J¡ë~É,,~r.~>,reserved for future Darkina and loadina should the Countv find those are ne(;)Efi$I~å~'i!f¡,tt.iither Drovided: a. The owner of the land uoon whi?~.~uch Darkir1g>:i~,~êií1l~,r~served shall enter into a written aareement Which~~lt:"[~~~de a scf1~~~ti~>;fJjortraYal as to how the reauired Darkina and 10a~i~l~rê~Si~~¡~DrOvidedVlltmthe Countv. to be filed with the Clerk of the Circuit CoíiJi!e'wltì\iijåtøtØøment runnina to the Countv ensurina that the reserved Darkina arlfloadina(~raa¡s.tí¡;levef)iÐe encroached UDon. used. sold. leased. or conveYe~J§fôr any D~~ôseèl!!ât¡i~.iooniunction with the buildina or use which the reserv(;)~¡iparkina ~ffea serve$¡:sø¡;U!)na as the off-street Darkina facilities are reauired. . b. c. TheWri~~~;~~r.~ement shall be voided by the Countv if the reserved Darkina and loadina;'ar~~:¡~;~~~erted to usable Darkina area or if the reserved Darkina area is na Ion errêOirêêí~i, d. D. VISIBILITY FOR LANDSCAPING ADJACENT TO THE PUBLIC RIGHTS-OF-WAY AND POINTS OF ACCESS When an acce$sway intersects a public right-of-way or when the subject property abuts the intersection Qftwa (2) or more public rights-af-way, all landscaping within the triangular areas de.scrib~dbef()w shall provide unobstructed cross-visibility at a level between three (3) feet and six (ß}'feet,provided, however, trees or palms having limbs and foliage trimmed in such a manner that no I il'11bs or foliage extend into the cross-visibility area shall be allowed provided they are so located so as not to create a traffic h~zard. Landscaping, except required grass or ground cover, shall not -------------------------------- Underline is for addition 3L... ';'1-.", 'fl,...v",~¡' is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 16 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ~ ...., be located closer than three (3) feet from the edge of any accessway pavement. The triangular areas referred to above are: 1 . The areas of property on both sides of an accessway formed by the intersection of each side of the accessway and the public right-of-way line with two (2) sides of each triangle being fifteen (15) feet in length from the point of intersection and the third$ide being a line connecting the ends of the two (2) other sides. 2. The area of property located at the comer formeØ,by the in public rights-of-way with two (2) sides of the tri. ···'¡;jlar area along the abutting public right-of-way lines, red from t· the third side being a line connecting the en f the othertWo ( 'h of two (2) or more (30) feet in leng1/1 . tersection, giîJâ E. LANDSCAPED BUFFER AREAS BETWEEN STRUCTURE S HOUSING THREE OR MORE D TWO FAMILY RESIDENTIAL USES -REStDENTIALfÐENTIAL .... G UNITS AND sINGt;;eiiFAMIL Y OR All side and rear yard perimeter buffer areas beWleen . r:ttial or residential structure housina three or more dwellina units and sin lefamil or ... ·i~sidential uses shall be landscaped with a masonry wall or opaque w~ of at leasfiiI~i9......x.<feet in height that forms a continuous screen between the uses..(:~f.walls or 0pª!!tue wood fences shall be landscaped with a continuous hedge alC)g§ibðt nd outside base of the wall or fence. One tree shall be planted along thewåll or fenqø SO) linear feet or major fraction thereof of the length of the wall or fence. Tre~;!plan alternated so that at least 60% of the required number of treesisl(')cated 0l'llHå outsid wall or fence. The remaining 40% of the required perimeter treeplar'ltings shø.U be locat~ on the inside face of the wall or fence. Existina native veaetation mél¥be use~!(j¡satisfv all;:;~rDart of the screenina reauirements UDon aDDroval of the Communitv<E)éveloDment·E>irecto~a. the Public Works Director. All feJ'1ce¡s or walls shéln~~tr~ated with. i:ffiti surface treatment. It shall be the responsibility of····::··· ... pertyown~~;~()~~~()ye anygrà maybe applied to the wall or fence. In addition, the allbe respdnsibføifðrlt'le maintenance of all landscaping along both the inside and outside edge of any wall or feh~;landscaping shall be maintained in a good condition so as to preseritah~ªJtli!y,neat, and ~pearance free from refuse and debris. Maintenance shall includetheÇep m~nt of all.:. Ithy and dead material within sixty (60) days in conformance withJt'leappr(') ftaplan/ or landscape plan. Violations of this section, or failure to maintain all required lands gSballbe grounds for referral to the Code Enforcement Board for appropriate enforcement actidns.The60 day rule for compliance may be extended, when necessary, by the County Administratororhis designee to permit recovery from acts of nature such as a hurricane or a freeze. Masonry walls or opaque wood fences may be located within any required yard, consistent with the provisions of Section 8.00.00 of this Code. The requirement for this perimeter masonry wall or () quewoodfence may be waived by the County Commission if it shown to the satisfaction of the ..Commission either that the adjoining properties owners have signed a consent that indicates thêirdesire not to have the required masonry wall or opaque wood fence constructed along their property line, or that the Board determines that a waiver is necessary to preserve any significant, -------------------------------- underline is for addition 3L~';'h.", 'fluuu",l~ is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 17 PRINT DATE, 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ~ ......, protected or historic native vegetation. Any such consent shall be recorded in the lands records of St. Lucie County In the event that any such consent is issued, the owner of the property on which the nonresidential development is taking shall only need to comply with the standards of Section 7.09.04(8) of this Code as those standards relate to perimeter screening. All other landscaping provisions of this Code shall apply as applicable. Pedestrian access through any wall or fence may be permitted, however, the w. fence shall be placed so that adequate sight distance at the pedestrian access is méi! ne Any wall or fence constructed adjacent to a public or private street right-of-~ª,y shall bø "a and constructed so that the wall face facing the street or road is articulatø<l~jjb' such . '$. not to result in a continuous flat wall surface facing the street or road ri~~J~r~way. Figy¡ .... ally depicts.the placement of a fence or wall along a public or privat!:11i$freet right:of'-way. For the purpose of this section, non-residential use$'¡~. ssory use located in the Institutional (I) or Religious Faciliti ....... buffer area between any residential zoning district Institutional (I) or Religious Facilities (RF) Zoning D wall, opaque wood fence, hedge or other durable la that forms a continuous screen between the uses. screen is used to provide this required buffer, shall be landscaped with a continuous hedge thirty (30) linear feet or major fraction theraofo shall be located along the outside of ttJéwall. It maintain all landscaping along the 91!!tside edg~()f any.. .... . nt with the requirements of this Code. If veaetative landscape ~~f~ens are. inStalled. th~¥Jsñall be reauired to form a solid visual screen at time of plantina. Wh~n existina~eaetation i~:iinadeauate to function as a visual screen. it shall be auamented by twostaaaered rows of shrub:¡material at least six (6) feet in heiaht. dar Section7.09.o.~£I;)(!7) of this Code, the Community Development e use ofpre~ø~ød native vegetation as meeting the intent and When making such a determination, the Community Development ,,*0 the building plans or development permits, with supporting ~'c:t9cumentation, that indicates how the existing native vegetation . The Community Development Director may require, a ent or Sl strictive covenant, if the easement or covenant is necessary to *he termáof this section. Any developer seeking to utilize the provisions ,meet the requirements of this Section shall be required to maintain this native preserve ataid tuity. If this preserve area is ever substantially altered or removed so that it no longer mÊ!e~the intent of this Section, the developer shall be required to meet in the screening requireooants of this Section. -------------------------------- Ordinance #00-011c Draft #3 Underline is for addition 3LL';'k", 'flauu-,¡l, is for deletion Redline is for adjustment from BCC review 04/18/00 Page 18 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' ...., F. OFF-STREET LOADING SPACES AND WASTE RECEPTACLES All off-street loading spaces and waste receptacles shall be fully screened from any residential use by a uniformly colored, solid visual and auditory barrier of not less than six (6) feet in height, or a densely planted landscape screen consisting of evergreen shrubs or trees that shall be at least four (4) feet in height when planted and that can be expected to reach at least six (6) fe9~jn height within ORe (1) years eiahteen (18) months. The screening shall extend the fullløngth 0 Y loading facility with openings as required for ingress and egress; however, there eater than twenty (20) percent open space within the screen. G. EXISTING OFF-STREET PARKING AND LOADING When an off-street parking or loading lot existed as street parking lot is enlarged in area or capacity, t comply with this Code. H. LANDSCAPING AND SCREENING REQUIREMENTS; PREVENTERS 1. It shall be the responsibility of the dev Backflow preventers shall be p!ª~d . <I'~en backflow preventers. 2. rQperty. 3. A continuous landscaped bt;!ffer shall i\tfîe backflow prevention device, to provide a visual screen fromiadjace toperties,l¡(AI rubs or hedges shall be a minimum of eighteen (18) inch~~¡âbóve gra after planting, and shall be planted and maintained so as to fØrroafour ( ot or hig continuous, unbroken, solid visual screen within one (1) year:~ffêr the tirT1,~Rf plantin~ . I. i.ENTIAL STRUCTURES OF THREE OR FEWER LANPSCAPING RE;@~'aE:MENTS F~) UNfWS 1. AnyJilø\iV resideJilti~lf~fit.J~tJre containing one (1), two (2), or three (3) units must preserve ór~I~º e (1) trey ... 2,500 square feet of the subject lot or parcel of land, up to am . lanting:ôf¡¡~Iw es per lot or parcel. On any lot or parcel greater than one acre ina/1 .. ,visions órSection 6.00.00, Vegetation Protection and Preservation, shall be compli . ·2. All trees prè$êtYèd or planted in order to meet this landscaping requirement shall meet the standards of Section 7.09.03t6*t !£l.Œ.lof this Code. 3. ORe I I tJ I'\d red (100%) Seventy-Five (75%) percent of the planted trees shall consist of nativøspecies such as Live Oaks (Quercus virginiana), Laurel Oaks (Quercus laurifola), slashpine (Pinus elliotti), or other species listed in Section 7.0~.OC(C)(2)(d), 7.09.04(L)(2) Native and Drought-Tolerant Vegetation. -------------------------------- Underline is for addition 3L... ';'k", 'fl,...u,-,~l, is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #00-011c Draft #3 Page 19 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' "" ~ GRrubs sRall be iRstalled aloR6 tRe fOI:JRdatioR of tRe side of tRe resideRee tRat faces aRV 3treet. ~ All otRer lot areas Rot oo'/ered by dri'/e"/itl't'3 or 3tructl:lres 3Rall be DlaRted witR la'NR 6ra33. 6rOI:JRd cover or otRer aDDrðVed laRd3C8De materials. J. LANDSCAPING REQUIREMENTS FOR ENCLOSED BUILDINGS 0 USED FOR THE PRODUCTION OF FOOD, PRODUCE, ANIMALS ( OR ORNAMENTAL PLANTS OR TREES IN A AGRICUL]LJRAL Z. ROUPS·OF BUILDINGS Ä TER SPECIES), RICT. 1. Any new enclosed building, or group of buildi (land or water species) or ornamental produ for the housing or sheltering of animals or Ii production operations, shall provide a mini to, and around the perimeter of the build in This landscape strip shall include at least 0 Code, for every 30 liner feet of the building 2.. ORe IluRdred (100%) Seventy-Five (75%)percent native species such as Live Oaks (Qu.e~øtl· irginiana slash pine (Pinus elliotti), or other~ . Section Native and Drought-Tolerant V@get d trees shall consist of ks (Quercus laurifola), ,7.09.04(LH2) 3. Exceptions/Administrative f{ølief: The Community Dev@lopment Dirc~tor may grant relief from the requirements of this paragraph if it is sh o the sa~åction of th~fCommunity Development Director that the building or group 0 dings bøidg used fOFtliíè production of food, animals (land or water species) or orº~ al plantst;.lrc·tt~AAi~¡ a.) hundred (5pCl)ffeet from any adjacent property that is not under the trol of the developing party. Road right-of-way and drainage canal . ot excluded from this property determination; or, b;) )?{:::.:> IS~dequatelY>~9r~øned by an existing native vegetation buffer meeting the intent öf.tl'lis.}paragràptL This existing native vegetative buffer must be located on the propèrtytþat the building or group of buildings is located on. If relief is granted ul1dèrf ·····àragraph, and if the native vegetation buffer is ever removed fro any reason e property owner shall be responsible to provide new plantings consistent with th requirements of this code. K. OFF-STREET SITE LIGHTING REQUIREMENTS & GENERAL DESIGN STANDARDS General..RsqÚirements Wt1ereártificial outdoor lighting is provided, it shall be designed and arranged so that no source of the lighting will be a visible nuisance to adjoining property used or zoned for a re~idential purpose. -------------------------------- Underline is for addition 3L~';'h." 'fJ.~vu,.J. is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 20 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' "wtI In addition, the lighting shall be so designed and arranged so as to shield public streets and highways and all adjacent properties from direct glare or hazardous interference of any kind. For non-residential properties that abut property used or zoned for a residential purpose to the rear, or side, the following shall apply: 1 . For properties with a depth in excess of 200 feet: The maximum allowable mounting height of all outdoor light f utes within 50 feet from the front property line is 25 feet, provided that such fixtures shall... .' ed from pUblic streets and highways to prevent direct glare or hazardouSinterfereiii~'ø ' kind. The maximum allowable mounting height of~II'outdoor ligh tu"êsb~tWêên 50 feet,fróm the front property line and 75 feet from the røgr property¡'.line is 20 fee . '~i~êci,t~ªt)such fixtures shall be shielded from all adjacent prºp~rties·tô;þrevent dire '((e,Gr,inâzardous interference of any kind. The maximum allowable mounting height of al,!,puf property line abutting a residential zoninggi$frict,¡ feet, or not to extend above the height of the buffer w 2. For properties with a depth less than200fêêt: ixtures within 75 feet from any AR-1 zoning district is 6 The maximum allowable mounting height()f~l()utd()or . fixtures within 25 feet from the front property line is 25 feet,provided thatsuclÎfi~~r ...... .,., II be shielded from public streets and highways to prevent direct glare or hazardous interference of any kind. he maximum allowaplê.mounting.height of a!lôutdoor light fixtures between 25 feet from the front property i~;tand 25 f~tfrom th~Jêar property line is 20 feet provided that such fixtures shall ~.. shi~lded from ,ªlIadJa,cent properties to prevent direct glare or hazardous interference," indo The maxim property line a or not to extend a Ie mounting height of all outdoor light fixtures within 25 feet from any I"øsidential zoning district including the AR-1 zoning district is 6 feet ê:~fttlØight of the buffer wall. 3. Allotltdo type fiXfû lighting fi... .. spotlight fi>{ttf requirem~Ì"It. il1g installa.tions shall use concealed source fixtures. These shall be cut-off .ch the lenses do not project below the opaque section of the fixture. All . II be mounted with a zero degree tilt. Ground mounted flood and hat are used to illuminate the building facade are exempt from this ure styles shall be consistent throughout the site. 4. Ground mounted flood and spotlights, if used. shall be placed on standards pointing toward the building or wall and positioned so as to prevent light from glaring onto residential areas, rather than the buildings or walls and directed outward which creates dark shadows adjacent to the buildings. -------------------------------- Underline is for addition 3L~';'h.", 'fluvu.-,¡l. is for deletion Redline is for adjustment from BCC review 04/18/00 Ordinance #OO-Ollc Draft #3 Page 21 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' ....., 5. Building mounted outdoor lighting fixtures, other than those required by ordinances and regulations of the County, are prohibited on the rear or sides of buildings adjacent to residential zoning districts, including the AR-1 zoning district. All other building mounted outdoor lighting fixtures required by ordinances and regulations of the County shall be shielded to prevent light from glaring on residential areas. 6. All outdoor lighting fixtures in place prior to March 1, 1999, shall be permitted to continue operation. However, any outdoor lighting fixture that repla~\ªf'I existing fixture. or any existing fixture that is moved, must meet the stanqªrds of tt.1i~~~t;)dø.'Existing fixtures that direct light toward streets, and are determined t9j ··'traffich~~~ì'ØF,~~isting fixtures th~t direcflight toward adjoining property used or . for a resid~t:ìtialP~ºse shall be either shielded or redirected within 90 days of noti~ ion. 8. 7. Parks and recreational uses are exempt fr Nothing in this Section is intended to contra Turtle Protection). In the event of a conflict two standard shall apply. The Commu 0 determine the stricter of the two standards. 0 be appl irements of Section 6.04.02 (Sea regulations, the stricter to the t,Director is empowered to (See Draft Ord. 00-012fornew; . .,.. ph L, M & N) t 0 ADMINISTRATIVE RELIEF FROMiTHE PROXlISIONSQJ1frFfilIS SECTION Where the Community Deve!QPl11ent Dir r determiNes based upon a showing by the applicant for any Final Development order, that ral applt9åtion of these regulations will not meet the general spirit and inteotof1f1is Code as~e, traffic patterns, drainage or other issues of confiation, he shªll;R~fmit an alter",··· pe scheme in accordance with the provisions of thiS ion. Any,ârèä çape pia ed as an alternative shall be designed in such a manliertb~tthe alternã ... .....nQ~pape area and the amount of material provided equal at least one andOnêhª-If¡~~1/2) timesith~:~~()µnt that was originally required. ....**************************** PART B. CONFtfOTINGPROVISIONS. SpeCÎª-lacts of the Floridaløgislâture applicable only to unincorporated areas of St. Lucie County, County orciinänces and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded bytt'\is ordinance to the extent of such conflict. PART C. SEVERABILITY. Ifäny portion offhis ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision -------------------------------- Underline is for addition 3L... ';'J,.", 'fl,...vu",l. is for deletion Redline is for adjustment from Bee review 04/18/00 Ordinance #00-011c Draft #3 Page 22 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ....,¡ thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a Administrative Code and Laws, Department of State, The PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Depart PART G. ADOPTION. After motion and second, the vote on this ordinance was Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Paula Lewis Commissioner Cliff Barnes Commissioner Doug Qow<!"ø xxx PART H. CODIFICATION. Provisions ofthisordil1a,nce shalhl;)EJ,;.f/i'u~()rp()rated in the St. Lucie County Code and Compiled Laws, and the word "ordina.nce~ þe change. . C 'on", "article", or other appropriate word, and the sections of this ordinance rnaY:;~~rred orrêlêred to accomplish such intention; provided, however, that parts B through HShallnotb~;çocUfi~d, PASSED AND DULY EN~~1FE:Ð:itnls _ day of May, 2000 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: BY: DEPUTY CLERK CHAIRMAN -------------------------------- Ordinance #OO-Ollc Draft #3 Underline is for addition 3L...';'J..." 'flavu~l. is for deletion Redline is for adjustment from BCC review 04/18/00 Page 23 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Ordinance #OO-Ollc Draft #3 ~ '-..I APPROVED AS TO FORM AND CORRECTNESS: -------------------------------- underline is for addition 3L...;'h", 'fL",v,",,,,L is for deletion Redline is for adjustment from BCC review 04/18/00 Page 24 PRINT DATE: 05/09/00 "'\ ~ '-' AGENDA REQUEST ~TEM NO. 5~C- DATE: May 16, 2000 CONSENT REGULAR PUBLIC HEARING [X ] Leg. [X] Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: co~ector SUBMITTED BY (DEPT): Community Development COMMISSION ACTION: [ ] APPROVED ~DENIED [X] OTHER: Continued to for Board ~ SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney: Originating Dept: Finance: (copies only): Consider Draft Ordinance 00-012, Amending Sections 2.00.00 Definitions, and 7.09.06 Standards for Native and Drought-Tolerant Vegetation, of the St. Lucie County Land Development Code. Draft Ordinance 00-012, proposes to amend Section 2.00.00 Definitions, by adding a definition of scrub habitat, and 7.09.06 Standards for Native and Drought-Tolerant Vegetation, by moving this section into the existing Section 7.09.04 General Landscape Requirements and by amending it as follows; by deleting A and B, by amending Section 7.09.04(L) (1) to provide for proper section references; by amending §7.09.04(L) (2) by amending the list of Water Wise Plant Materials that may be used to meet the intent of this section; by amending §7.09.04(l) (3) to restrict the use of cypress mulch as it related to compliance with the requirements of this section, by adding new paragraph M Special Landscaping Standards for North and South Hutchinson Islands; and by adding new paragraph N Special Landscaping Standards for development in areas determined to contain scrub habitat. Not Applicable. On April 18, 2000, the Board of County Commissioners held the first of two required public hearings on these proposed amendments. At that hearing no final action was necessary at that time, on Draft Ordinance 00-012. Staff recommends approval of Draft Ordinance 00-012. discussion and vote. Coordination/Signatures Mgt & Budget: Purchasing: Other: Other: t·f ...... .....,; DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM FROM: Board of County Commissioners Amy Mott, Resource Protection coordinato~ May 10, 2000 TO: DATE: SUBJECT: Ordinance No. 00-012 Attached is a copy of Draft Ordinance 00-012, which proposes to amend Sections 2.00.00 Definitions and 7.09.06 Standards for Native and Drought-Tolerant Vegetation, of the County's Land Development Code. In the fall of 1999, the County Commission established a Vegetation Protection Advisory Committee whose charge was to review the County's landscaping and vegetation protection guidelines, and to recommend modifications as it felt necessary to further the objective of vegetation and habitat preservation. The Vegetation Protection Advisory Committee met six times from June 1999 to December 1999. The first of two required public hearings was held on April 18, 2000, for the review of the proposed amendments. Draft Ordinance No. 00-012 is an ordinance amending Sections 2.00.00 Definitions and 7.09.06 Standards for Native and Drought-Tolerant Vegetation, to provide for clarification and general amendments as follows: 2.00.00 Definitions This section was amended to include a definition of Scrub Habitat. Scrub Habitat: A well drained, fire adapted, plant community occurring primarily on ridges (elevated areas), characterized by white or light colored, acidic sand. Generally, the habitat has a sparse sand pine canopy, with dense clumps or vast thickets of scrub oaks and other shrubs dominating the understory. The groundcover is generally very sparse, being dominated by lichens and herbs, with open patches of barren, exposed sand. 7.09.00 Landscaping and Screening The existing section 7.09.06, Standards for Native and Drought-Tolerant Vegetation, is to be deleted and moved to a reserved status. The text from Section 7.09.06 is to be moved into Section 7.09.04, General Landscape requirements. Paragraphs A and B were deleted and the remaining paragraphs were renumbered to meet the structure of the LDC .. '-' .....,; 2 7.09.04 (L) Standards for Native and Drought Tolerant Vegetation This section was amended to provide for proper species list selection references (7.09.04 (L) (2) for Native and Drought Tolerant Vegetation, 7.09.04 (M) for North or South Hutchinson Island, or 7.09.04 (N) for Scrub Habitat). (1) This section was amended by modifying the list of native and water wise plant materials that may be used to meet the intent of this section. (2) This section was amended by restricting the use of cypress mulch as it is related to compliance with the requirements of this section. A new paragraph, M, Special Landscaping Requirements for North and South Hutchinson Island, was added. 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 the species listed below. The Community Development Director may reduce the minimum size requirements to the largest plant sizes available if the listed plant material is unavailable in the sizes set forth in 7.09.03 (E) (2) and (3). 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. A new paragraph, N, Special Landscaping Standards for Development in areas Determined to Contain Scrub Habitat, was added. If any development is to occur on a site that is determined, through an Environmental Impact Report submitted pursuant to section 11.02.09 or section 11.02. 10 of this code, or by the Community Development Director following a specific site inspection by the Director or his designee, to be scrub habitat as defined in Chapter 2 of this code, 75% of the new landscaping material to be planted shall consist of the following listed species. The Community Development Director may reduce the minimum size requirements to the largest plant sizes available if the listed plant material is unavailable in the sizes set forth in 7.09.03 (E) (2) and (3). 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. AIBOCCMEM012.DOC .,. '-' -."",I 1 ORDINANCE NO. 00-012 2 3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY 4 DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 TO 5 DEFINITION OF SCRUB HABITAT, BY AMENDING SE TION 6 STANDARDS FOR NATIVE AND DROUGHT-TOLERA 7 BY MOVING THIS SECTION INTO THE EX ING 8 GENERAL LANDSCAPING REQUIREMEN D 9 FOLLOWS; BY DELETING PARA PtlS 10 RENUMBERING THE REMAINING PA RAP 11 STRUCTURE OF THE LAND DEVELOP 12 NEW SECTION 7.09.04(L)(1) TO PRO 13 REFERENCES; BY AMENDING SECTION 14 THE LIST OF WATER WISE PLANT MA 15 TO MEET THE INTENT OF THIS SECT 16 7.09.04(L)(3) TO RESTRICT THE 17 RELATED TO COMPLIANCE 18 SECTION, BY ADDING NEW A G 19 REQUIREMENTS FOR NOR AND 20 ADDING NEW PARAG N SP 21 FOR DEVELOPMENT EAS 22 HABITAT; BY PRO G F 23 PROVIDING FO RABI 24 P ING F NG 25 G FECT ATE; PROVIDING FOR ADOPTION 26 DIN IFICATION. 27 28 missioners of St. Lucie County, Florida, has made 29 30 31 90, the Board of County Commissioners of St. Lucie 32 0 da, adopted the St. Lucie County Land Development 33 34 35 ^Board of County Commissioners has adopted certain 36 endments to the St. Lucie County Land Development Code, -------------------------------- Underline is for addition E;£Fi](e TRFeOl!!R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 1 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 \ '-' 'wi through the following Ordinances 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-23 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - March 14, 1991 November 7,1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4,1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 May 16, 2000 3. On February 17, 2000, the Local Zoning Commission held a pu . after publishing notice in t least 10 days prior to proposed ordinance b lanning and d ordinance the Tribune at mended that the 4. On April 18, 200 proposed ordin Port St. Lu d held' first public hearing on the notice of such hearing in the on April 7, 2000. this B eld its second public hearing on the fter publishing a notice of such hearing in the the Tribune on May 4, 2000. a ndments to the St. Lucie County Land e are consistent with the general purpose, goals, andards ofthe St. Lucie County Comprehensive Plan e est interest of the health safety and public welfare of the f St. Lucie County, Florida. RE, BE IT ORDAINED by the Board of County Commissioners of St. , Florida: -------------------------------- Underline is for addition Ðtz:i][e TÈlz:e"'!j"R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 2 PRINT DATE: 05/09/00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 '\ '-" "wi 1 2 3 4 5 6 7 8 9 PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: CHAPTE DEFINITI 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the Scrub habitat: APTER VII ESIGN AND IMPROVEMENT STANDARDS APING AND SCREENING : tht: t:xisting St:ction 7.09.06 is to bt: ddt:ud and movt:d to a Rt:st:rvt:d status. Tht: xt from Section 7.09.06 is to be moved into Section 7.09.04, as shown below) -------------------------------- Underline is for addition £tri][e Tà.rea~à. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 3 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 \ '-" 'wi 7 .09.06 STANDARDS FOR NATIVE AND DROUCHT TOLERANT VECETATION 7.09.04 GENERAL LANDSCAPING REQUIREMENTS L. STANDARDS FOR NATIVE AND DROUGHT-TOLERANT VEGETATION A. r'urpo3c ß. Applicebility Geee:- 1. When a development is design provisions of Section 11.02.0 standards shall be require 7.09.00. nned site plan under the n incorporating the following ndscape standards in Section a. landscaping required by Section 7.09.00 ials as defined in Section~ 7.00.06(C)(2), except that one hundred (100) percent of st of water-wise grasses listed in Section 7.09.0 Each type of required landscaping, such as trees, d lawn areas shall be calculated separately, and each type shall ercentage minimum of defined water-wise plant materials. be grouped according to watering requirements in order to ver- ing of water-wise plant materials. Proposed irrigation zones shall n the landscaping plan. Such zones shall take into consideration both I and microclimate factors, such as northern or southern exposure, II sun, slope, and berming. und covers approved under Section 7.09 .04(L )(2)( Q) 7 .OO.06( C)(2) 31=1811 may be ed instead of grass when planting strips are eight (8) feet wide or less. -------------------------------- Underline is for addition OtriJle TRrS\i!!,R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 4 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 \ '-' ..., 2. Plant Materials All plants utilized to meet the water-wise requirement shall be site appropriate, and shall be selected from the following lists or be water-wise and non-invasive species approved by the Community Development Director. In approving other plant materials, the Director shall consider criteria including, but not limited to, soil type, hydrology, and cli a. Grasses (1) -Bahia grass (may be mixed (2) St.Augustine grass (3) Other grass serving a Development Director. b. Ground Cover/Accent Plants: COMMON NAME SCIENTIFIC NAME AFRICAN BUSH DAISY Gamolepis Chrvsanthemoides AFRICAN IRIS Dietes vegeta i. AGAPANTHUS i. AMARYLLIS i. ...¡;:rAAACU¡:; rem! MARSH ELDER LlRIOPE, LlL YTURF NECKLACE POD i. PARSONS JUNIPER i. PENTAS PERIWINKLE (VINCA) Evolvulus alomerata i. PURSLANE Nephrolepsis exaltata RAILROAD VINE Tecomaria Capensis i. RAIN LILY -------------------------------- Underline is for addition £triJte Tarsli3B. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 SCIENTIFIC NAME Ophiopogon japonicus Hedera helix Tripsacum dactvloides Cuphea hyssopifolia Ipomea elaleflifere imperati iva frutescens Liriope muscari Sophora Tomenlosa Juniperus_~ squamata expansa 'parsoni' Pentas lanceolata Catharanthus roseus Portulaca grandiflora Ipomea pes-capri Zephyranthes spp. Page 5 PRINT DATE: 05/09/00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 \ '-" .J 2 COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME CAROLINA YELLOW Gelsemium sempervirens RAMORA JASMINE .. CAST IRON PLANT ASpidistra elatior RED FOUNTAIN GRASS .. COMPACT SHORE Juniperus conferta .. JUNIPER 'compacta' .. COONTIE lamia ftoridana Z. pumila, .. 'Z. furfuracea .. CREEPING FIG Ficus pumila CRINUM LILY Crinum SPP. .. DAYLlLY Hemerocallis spp. .. .. 9'M\Rf rnOCUMBCN£ Juniperus chinensis .. Hymenocallis latifolia BLUE DAZE JUNIPER 'procumbens nana' DOWNY JASMINE Jasminum Multiftorum Philodendron Selloum DWARF JASMINE Trachelospermum Crinum Americanum asiaticum DWARF FAKAHATCHEE Lantana montevidensis GRASS involucrata .. DWARF LANTANA Weåelie tfilel3ete DWARF GARDENIA YELLOW CANNA Canna Flaccida 3 4 5 6 7 8 9 COMMON NAME SCIENTIFIC NAME .. LANTANA Lantana spp. Slreli¡:ie felliflee LlMEBERRY Triphasia trifolia Juniperus chinensis 'blue .. MARSH ELDER Iva fruclescens vase' Severinia buxifolia NANDINA Nandina domestica Buxus microphylla NIGHT JESSAMINE Cestrum noctumum -------------------------------- Underline is for addition £tri]re TRreti!!R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 6 PRINT DATE: 05/09/00 , ~ ~ COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME 1 ~ BURFORD HOLLY lIex comuta 'Burfordii' ~ OLEANDER Nerium oleander 2 BUTTONWOOD Conocarpus erectus ORANGE JASMINE 3 ~ GANNA CeRRe )( geflerelis ~ 4 CArc IIOtJCYWCI<LC ,eee_Pie 88!el1eie & 5 & CARDBOARD PLANT Zamia furfuracea 6 ~ CHRISTMAS BERRY Lycium carolinianum 7 coco PLUM Chrvsobalanus lcaco & 8 ~ COONTIE Zamia floridana L yonia terruginia 9 CORAL BEAN Erythrina herbacea Hibiscus Coccineus 10 CRAPE MYRTLE Lagerstroemia indica Vibumum suspensum 11 CREPE- Tabemaemontana lIex vomitoria 'Schelling's JASMINE,PINWHEEL divaricata dwarf FLOWER 12 ~ CRINUM LILY Crinum spp. Cocoloba Uvitera 13 DOWNY JASMINE Philodendron selloum 14 ~ DWARFYAUPON HOLLY Alpinia spp. 15 ~ DWARF CHINESE HOLLY Jasminum nitidum 16 ~ SHINING SUMAC, Rhus copallina WINGED SUMAC 17 SHRIMP PLANT Justicia brandegeana 18 ~ SILVERTHORN Elaeagnus pngens 19 ~ SNOWBERRY Chiococca alba 20 & SOUTHERN WAX Myrica ceritera MYRTLE 21 SWAMP HIBISCUS Hibis?Js Qrandiflours 8eeeiRel:lS 22 Garberia truticosa TARFLOWER Betaria racemosa 23 Gardenia jasminiodes ~ TEXAS SAGE Leucophyllum tructescens 24 Abellia x grandiflora THRYALLlS, RAIN OF Galphimia glauca GOLD -------------------------------- Underline is for addition St£iJ.e TR£eli~à. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 7 PRINT DATE: 05/09/00 , '-' ....,¡ COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME GOLDEN SHRIMP PLANT Pachystachys lulea .. TORUlOSA JUNIPER Juniperus chinesis 'Ioru/osa' 2 .. GOLDEN DEWDROP Duranta repens VITEX Vitex lrifloia 3 .. HETZ/I JUNIPER Juniperus chinensis 'hetzii' .. 4 HIBISCUS Hibiscus x rosa-sinensis 5 .. INDIAN HAWTHORN Raphiolepis indica 6 .. JAPANESE PRIVET Liguslrum japonicum 7 8 9 . Sell le/el'8,,1 ! IIe8 fl'tJz:e" i" £1. llleie Cell"!) 10 11 12 13 d. Trees: 14 15 COMMON NAME SCIENTIFIC NAME 16 AMERICAN Ostrya virginiana Acer rubrum HOPHORNBEAM 17 BALD CYPRESS Persea borbonia 18 CAMPHOR TREE Belula nigra 19 CHERRY LAUREL lIex x attenuala 20 Quercus shumarclii 21 SLASH PINE Pinus elliolii 22 SOUTHERN MAGNOLIA Magnolia grandiflora 23 .. SOUTHERN REDCEDAR Juniperus silicicola 24 SWEETGUM Liquidambar styraciflua 25 .. SYCAMORE Platanus occidentalis 26 TREE LlGUSTRUM Liguslrum /ucidum 27 WATER OAK Quercus nigra 28 x Cupressocyparis leylandii WAX. MYRTLE Myrica ceritera 29 Quercus virginiana .. WEEPING Y AUPON /lex vomiloria 'pendula' HOllY 30 Podocarpus nagi WINGED ELM Ulmus alala -------------------------------- Redline Underline is for addition Ct£iJre TR£6H§'R is for deletion is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 8 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 , "'-" """ COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME PIGNUT HICKORY Carya glabra YELLOW POINSIANA Peltophorum inerme PODOCARPUS Podocarpus macrophyllus . £elt tslere..t 11188 ffez:e.. i.. £1. l¡,¡eie CStt.." 3. Mulching Standards a. All plant materials meeting the water- with at least a three-inch (3) layer b. 4. Alternative Method of Meeting th Communities Are Maintained a. unities on the site may substitute he following ratios: No water-wise requirement Water-wise requirements limited to 30% 0 each type of required plant material Water-wise requirements limited to 40% 0 each type of required plant material ion of -wise requirements by preserving existing native upland plant . 'es shall be allowed only when the Community Development Director hat all of the following criteria are met: he existing native plant communities shall be viable and in good condition and include canopy, understory, and ground cover. The existing native plant communities must be protected by a conservation easement or other legally enforceable preservation mechanism. 3. The execution of the site plan will not threaten the viability of the existing -------------------------------- Underline is for addition £tlfi][e TR£e,,"~R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 9 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 '-" ...., native plant community. 4. The plant community to be preserved shall be at least one-half (1/2) acre in size, except that microcommunities totaling at least one-half (1/2) acre may be preserved providing that each microcommunity is at Ie st ten (10) feet in width and contains at least one hundred (100) square 5. A management plan is submitted t communities will be maintained 5. Irrigation Systems a. Irrigation System Design Standard 1. 2. Irrigation required for the communities shall be limite plant communities or initially require ad systems shall r shall include restoration of existing plant systems. Newly installed plant communities may ed. Temporary irrigation at least six (6) months and on, or ed by Community Development Director. 3. all incorporate the following criteria: prinkler heads irrigating designated high water demand areas I be circuited or zoned so that they can be irrigated at a different ncy or application rate than low water demand areas. At a imum separate zones shall be created for turf and planting eds, with a separate zone also required for trees not incorporated into planting beds. Automatic rain shut-off devices: Automatic irrigation systems shall be equipped with an automatic rain shut-off device for each proposed zone. (c) Elimination of over-throw onto impervious surfaces: -------------------------------- Underline is for addition 8tri[e Tftre\i~R is for delet ion Redline is suggested amendments from BCC Review 4/18/00 Page 10 PRINT DATE: 05/09/00 Ordinance #00-012c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 '-" ....." 1 . Sprinkler heads shall be directed away from impervious surfaces. 2. The effects of wind on the spray stream shall be reduced by requiring low trajectory spray nozzles. b. Maintenance of Irrigation Systems: Irrigation systems shall be maintained i waste of irrigation water. Broken sprinkl or replaced within fourteen (14) day c. Irrigation During Water Shortage Irrigation systems shall be operated shortages declared for St. Lucie Co District or St. Lucie County. M. COMMON NAME SCIENTIFIC NAME Beach Panic Grass Panicum amarum Sea Oats Unicola paniculata Beach Verbena Glandularia maritima Borrichia artJorescens Beach Sunflower Helianthus debilis Gaillardia pulchella Gopher apple Liciania michauxii -------------------------------- Underline is for addition £tri]Ee TR£e~!!,h is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 11 PRINT DATE: 05/09/00 '-' ,...." COMMON NAME 1 Portulaca 2 3 Sea Purslane 4 5 Goldenrod 6 7 Railroad Vine 8 9 10 SHRUBS: 11 12 Marlbeny 13 14 Salt Bush 15 16 Beautybeny 17 18 Jamaica Caper 19 20 Snowbeny 21 22 Coco-plum 23 24 Pigeon Plum 25 26 Sea Grape 27 28 Florida Privet 29 30 Yaupon Holly 31 32 Marsh Elder 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME Portulaca pilosa Beach Peanut Okenia hypogaea Sesuvium portulaca strum Spiderwort Tradescantia spp. Solidago spp. Ironweed Ipomoea imperati Beach Morning Glory Â Baccl1aris halimfolia Callicarpa americana Capparis spp. Chrysobalanus icaco Coccoloba diversifolia Coccoloba uvifera Serenoa repens Sideroxylon foetidissimum Yucca aloifolia Yucca filamentosa amia spp zanthoxylum clava-herculis live Oak Quercus virginiana Cabbage Palm Sabal palmetto Juniperus silicicola Paradise Tree Simarouba glauca Lysiloma latisiliquum -------------------------------- Underline is for addition Ctri](e TRreCl!'R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 12 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 . '-' """ N. SPECIAL LANDSCAPING STANDARDS FOR DEVELOPMENT IN AREAS DETERMINED TO CONTAIN SCRUB HABITAT COMMON NAME GRASSES Broomsedge Bluestem Arrowfeather threeawn Wiregrass Purple Lovegrass GROUND COVER Blanket Flower Yellow Jessamine SCIENTIFIC NAME Andropogaon virginicus Aristida purpurascens Aristida stricta Eragrotis spectabilis Quercus pumila Solidago spp. Tradescantia spp. Veronia spp. Yucca filamentosa Myrtle Oak Quercus myrtifolia lIex ambigua Scrub Palmetto Sabal etonia lIex vomitoria Saw palmetto Serenoa repens L yonia lucida Sparklebeny Vaccinium arboreum -------------------------------- Ordinance #00-012c Draft #3 Underline is for addition £triJ[8 TÈlre~!!"R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 13 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 . .'" ...." COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME Chapman Oak Quercus chapmanii TREES Scrub Hickory Carya floridana Olive Pignut Hickory Carya gtabra Juniperus silicicola Southern Red Cedar *********************** PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to un ordinances and County resolutions, or parts thereof, in co this ordinance to the extent of such conflict. f St. Lucie County, County hereby superseded by PART C. SEVERABiliTY. If any portion of this ordinance is for an such holding shall not affect the remai shall be held to be inapplicable to applicability to any other perso e unconstitutional, inoperative, or void, . Ifthis ordinance or any provision thereof mstance, such holding shall not affect its t. Lucie County's jurisdiction. forthwith to send a certified copy of this ordinance to the Bureau of , epartment of State, The Capitol, Tallahassee, Florida 32304. I take effect upon filing with the Department of State. -------------------------------- Underline is for addition Gt£ihe TR£e<l~R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 14 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 II . . 'w' PART G. ADOPTION. "will After motion and second, the vote on this ordinance was as follows: Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Paula Lewis Commissioner Cliff Bames Commissioner Doug Coward PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the S1. l word "ordinance" may be changed to "section", "article" ordinance may be renumbered or relettered to acc through H shall not be codified. PASSED AND DULY ENACTED this xxx xxx Compiled Laws, and the nd the sections of this ed, however, that parts B OUNTY COMMISSIONERS COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -------------------------------- Underline is for addition CtriJte TÌireki~Ìi is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 15 PRINT DATE: 05/09/00 -.. " , 'w' .., .0¡'''O~~C~Ö:a¡HMENT''' ,., /~"'J (::~~ÔìfCtf4ÑG.E,~YiiGÛ(AfÎON~'· . ii?····~'·:ÀFFËCTI~GTHÊ USE OF LAMb',· ",. ',·~ti:;,;;é-: .,. .'::<:,,:~:ì;;~'..,, .'. ',:;:,.,::'2:/'..' .;'è' - . ,1l9/e.Pøunty.,SC)ar.c;t ø(cøìiiì~.COrrimI8../oners· propOs.. to 'a~opt the fo owing Ordinance: . .. . -,; "~~>~ 1" ".~ ;,_,,',\.'; ;ºRP/N~NéE }iO. 00-012 . , .. ,";. _ '. . .. '.,. :->;;';.f:¡;¡j;;;~~~'¡';1;'¡ÈN¡;~~~;"7;iJûJ6¡é;ç&¡~. ..lANO ·,bEVELQ~~.@\,;..,CQ[?,E<~7(.. AME:NDING' SECTiPNi,:g.qo.og;.,;Tq. .APO '. A .DlfINlTlqN;¥fP;'=#'SC~U~?'H~IT"'T; . BYAMEtiDING, SECl;ION.7.09;06, ,STANDA8P§~If,qF,(, NA:OMI?¡jA~º-~Q8..0VGHT- TO!¡:ERANT:"VEß,E.1"A r.lq~ BV' MOVING..JfOs;:·'seCTIÖN ':INTO"rHIt;il:X'STING . SECTION. 7.Ò9;04;· . GENERAL LANº$C~!=í'~ê3'~FQUIRE~~NTS _AN.l;h~MENDIN~· ~TA~'FO~PW~¡';;/3Y;., Q¡;~(3"J;J~~~~PHS~ j~ND ·:·~¡~P RENU¥eE:~ING;'('HSfl¡;MANIN~;: P~R..~J:I§.,Z10·MEET ¡THE·.S¡~U9:rU/ilEOF:1'HE;'LAf't1D".ÐE;v'ELOPMENT" CODJ3~/BY~ AMENDING NEW;:"SECTIO,.r 7.09;04~L)(1) TO PROVIDE FOR", J?¡:¡OPJ:R. SECTION' REFERENCES;' BY\.ð\MENDING SECTIQN7.OEM)4(L,),(2). BY¡; , ~ENPJNÇ3."THE',LI~t:Øfì'[~$TëR~Wt~ë't:P.~~~ATER'ALS .TIi~17'MAY:~E;;; =~1~i3tt~RtiJ~;:~TB~~~~6Y~~~SB~U~~~Nf~~~,:~~i~~:.. ~I· .·;~.,MRqAN. '.R£;:j.w~ TH..~.,:..~..,..I;Q.Uf.R '. t!T..',.S.'.~. ;lrHIS.ê~P!. !P.~."ß. Y.~t\PD. ING:.:;.. ¡.. I;V(P.AAAGRJ\.P!;f M s,PEC'~I,,;,~N P N@1!;tEQUIREMENTS. FOR:NORTJi r~º4~O_W'.I:i;¡~QTC':'JlriJSON· IS~. .off} ..G:NEW:eðRAGRA~H N ·"R~Ç.IÞ,J:~;\LA1;JDSCAeING:iªI~,NP,¡. >'. VELOPMErif' IIN.,::~8EAS .' çrIN¡;:!¥.t4t.Q;·'ÇON-r:~.IN.'Y~$,.,.",." ~T;BY¡ 'P¡::¡O,\7I[)INØ,' FO¡:¡ " . . [tJ~;;~~YI~ION~iay.,eR~'i',~J "E"'ERA~I~ITY.:;PF!O.Y'D.ING ..¡; .,~9MJIQTX';:!~ßºVIDINGF.QR~~ ". . ..: HTHEDEPARTMENT OF ~~rnJ?~Qv.IDING FOR AN:~FFE9T.IY.1!= .Qf.:T..l:¡~~O\lIDjNG FORAQ9~TION . . @JF-()R CODI¡::lvATlqN<,':'DC;¡r· '#!U/, -.. r' "',,,,, ['.. :\ ",\ :f; .... '. . --.. ,*,~,.".,:,,,,,J:¡jN~òn OrpjD.~qq,(0(J.012\"'1II bEiti~ld befor~ theiSt; !.ucie, qounty ~e!J~9.1~tycommISSI()ner~()n,;r,u~~day,M~¥i:?16, 2QpO, at 7:00 P.~..or as ~?;. tÞ~i~a~~t as.~ossiþle, In' ~he~~~rtyço~!J1i~s¡þn ChamberS,3rd fJoor,ofthe ,Çõu~~-Aämi~i~tratfon ~flnex;' 2~OO~¥lrgl~I~Ä~~,9"'¡t, . Fh.:FI¡tr;g~, ;fl. :~tters affecting your PEi1rsonal and property.rlghtS may bø. heard and' actèd upon. ~ ~ Inteì:~steá persöns are inviteQ to attenct,and be heard; r Written commentsré6elved . "'~ '. . . . . " '.' .~ ",.~ .. ", ,-,. '", '. ',J -'ts,. -,", ~ .~, _ " :_ ,.. . in,~ao.ce.oOhe pUbllc'hearing'~iiI alsÞbè.~eard: ..:' . '.: .~', ¡. . ':-';:';'i "," ,.'::.;f;,~ ;-·;:'·:i~~·;-: ;,'. ·::,:,ì;..,: .,. ,.:.,. ¡il~'(¡:,; .' ;Ti1e:, puiP9se 'of this public' hearing is ; to amend.. ~e' St.' : Lucie County Land R~v~JoPò.!~!1~:',Code to. WOIM~:"10r ~~~9~]t1E!nl~t..to; the J~gulatI8f1Š "~ÞYemlng ¡ ·_~dan:ls:Jor· Native and· Orou,gnt-tolerant Vegetarian for '>al!'I1ØW,d~velopment ,. .. :'.~e,fll"nCOlJ)Ot.at~:ar~~i¡~f{tQej~ùntY"{Thlsls,the,,seèond of two li9;t~:]~gs.. :·~1,/¡:.~iJiL5G.,;~;/?''''!1 . ,';¡j:<:,: .',"..' ~j:e9Iê.~~'t)'apP~åJ:car)11f9~91SIê?Q with 'r¡tspeèt"tQ any. IT!atter , .' e. ~âtf1tjk1néetlngs~()r<heàrJoo~¡·or;áný.. '. .." corrimlttees;.~Cómmlsslons, tag;,ïCý~.(X;û~·~ríQr adVISQ~;gtô~p;<tb~(~pè.r~ò.hWjIJ;:;Ò~edrecord of the . pr~eeding$ . .~-:'that.,for"such purpose may 'need to ensure that a verbatim record of the pr:oceec1lngs i~. made, which record should include the testimony and evidence upo{l . whiçht/1e appeal is to be based. Upon the request of any party to, the:prOceeding, individuals testifying during a hearing will be sworn !n. 'Any party to the proceeding. will be, grante,cLan opportunity to cross-examine any individual testifying during a hearing .upon request: . . . .., This notice dated and executed thls1stdayof May, 2000. : ¡~" ¡'·F:."·.··>. . BOARD OF COUNTY COMMISSIONERS ŠT. LUCIE COUNTY, FLORIDA ISI John D. Bruhn., Chairman PU~LlSH DATE: May 4,2000 ~.... ~' >,' . .., I I' - itW " -- --- .' ." ~ 4 :' : -.' 0- -, :. ,I .' .. I' ': . . '. t. 0, ,~ ., ", ",' :. .0 ~, ;: 'I t. -:.. :~ " .$ .' I' ." ~. t.: . I ~, ", " " :. I' " ," ," ," ;'1 , I '. " " " :r- .' .0 .' ,:" . J~Q~.~ÇE OF E~r~~~I.S1!~Yl.r.:~~)f' OR "CHANGE '. OF,;'RE ~ U~ì~TIONtfff~;,>" .' .. '~~(',";'-":! ':.' .' ."'~-ó',-.p" _':"-I..,.~.~~:::;",;~~~.:. :"~~!!'~(:"·.f/, ',: AFFECTING THE,USEOF'~:LARD"':' ,- ":'¡ .' ,~,,,:..,,..,, . ',-':!'.' -¿':;"~" .,~ . . . "'-:~'~~\~:;1 The st Lucie County Board of CoUnty Com~· propose' to' adopt the following Ordinanée: 'i"":;:'!:} ORDINANCE NO. 00-012 \ AN ORDINANCE AMENDING THE ST. LUCIE COUNlY LAND DEVELOPMENT CODE BY AMENDING SECTlON 2.00.00 TO ADD.A DEFINmON OF SCRUB HABITAT. BY AMENDING SECTlON 7.09.06, STANDARDS FOR NATIVE AND DROUGHT-:TOLERANT VEGETATION BY MOVING THIS SECTlON INTO THE EXISTING SECTlON 7.09.04.:" GENERAL lMDSCAPING REQUIREMENTS AND, AMENDING IT M¿ FOLLOWS; BY 'DELEnNG PARAGRAPHS A AND B AND RENUM-\ BERING THE REMAINING PARAGRAPHS TO MEET THE STRUCTURE OF THE lMD DEVELOPMENT CODE; BY AMENDING NEW SECTION 7.09.04(LX1) TO PROVIDE FOR PROPER SECTION REFERENCES: BY AMENDING SECTlON 7.09.04(l)(2), BYAM~NGTHE UST· OF .' WATER WISE PLANT MATERIALS 'THAT MAY BEÜSED TO MEET THE'· INTENT OFTHISSECTlON; BY AMENI)It<iG $ECTION 7.09.04(LX3) TO'" RESTRICT THE USE OF CYPRESS MULCHM ITRB.ATED TO CQM-' PUANCE WITH THE REQUIREMENTS OF. THIS SECTION. BYADDING NEW PARAGRAPH M SPECIAL LANDSCAPING REQUIREMENTS FOR NORTH AND SOllTH HUTCHINSON ISLAND: BY ADDING NEW PARA-. GRAPH NSPECIAL LANDSCAPING, STANDARDS FOR DEVELOP-·· MENT IN AREAS DETERMINEDTQ CONTAiN SCRUB HABITAT; BY PROVIDING FOR CONFUGTlNG PROVJ$IONS; BY PROVIDING FOR SEVERABIUlY; PROVIDING FORAPPUCABlUlY: PROVIDING FOR FlUNG' WITH THE' DEPARTMENT' OF' STATE: PROVIDING FOR AN· EFFECTIVE DATE; PROVIDING FORADOP11ON AND PROVIDING FOR CODIFICATION. ' · . A PUBUC HEARING on Ordinance 00-012 will be held before the Sl Lucie County .Board of County Commissioners on Tuesday, May 16.2000. at 7:00 P.M. or as soon thereafter as possible. In thê County Commission Chambers, 3rdftoor of the County Admlnlslration Annex. 2300 VIrginia Avenue. Fl Pierce, A. Matters affecting your personal and property rights may be heard and acted upon. All interested pérSOOS are invite<! to attend and be heard. Written comments received in advance of the public hear- ing will also be heard. The purpose of this public hearing is to amend the St. Lucie County Land Development Code to provide for amendments to the regulations Governing Standards for Native and Drought-tolerant Vegetarian for all new development activities in the unincorporated areas of the county. This is the second of two required public hearings. If any person decides to appeal any decision made with respect to any matter considered at the meetings or hearings of any board, committees, . commissions, agency, councilor advisory group, that person, will need record of the proceedings and that, for such purpose may need to ensure that a verbatim record of the proceedings is' made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying dur- ing a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. :' " · · ' .' .' '. ," This notice dated and executed this 1st day of May, 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI John D. Bruhn., Chairman PUBLISH DATE: May 4, 2000 _._----~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ~ ~ REVISED ~e, ORDINANCE NO. 00-012 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 2.00.00 TO ADD A DEFINITION OF SCRUB HABITAT, BY AMENDING SEÇTION7.09.06, STANDARDS FOR NATIVE AND DROUGHT-TOLERA EGETATION BY MOVING THIS SECTION INTO THE EXIS\TING 7.09.04, GENERAL LANDSCAPING REQUIREMENT D G IT AS FOLLOWS; BY DELETING PARA. HS rS:..AND RENUMBERING THE REMAINING PA· RAP O.xl: STRUCTURE OF THE LAND DEVELOP E; BY AME NEW SECTION 7.09.04(L)(1) TO PROV PROPER SEe; REFERENCES; BY AMENDING SECTIONu 2) BY AMENDING THE LIST OF WATER WISE PLANT MATeRI MAY BE USED TO MEET THE INTENT OF THIS SECTfðN; B G SECTION 7.09.04(L)(3) TO RESTRICT THEF CYP LCH AS IT RELATED TO COMPLIANCE W ..EQUIR TS OF THIS SECTION, BY ADDING NEW PAR' "L LANDSCAPING REQUIREMENTS FOR NORl1li1J'AND ~x SON ISLAND; BY ADDING NEW PARAGRAet1iN SP~ØlAL ° APING STANDARDS FOR DEVELOPMENT 1~1.·~REAS~.-=TERMI D TO CONTAIN SCRUB HABITAT; BY PROVt,JNG FgR CONE TING PROVISIONS; BY PROVIDING FOR S . RABI P ING FOR APPLICABILITY; PROYIDING FQ ING DEPARTMENT OF STATE; ~..~. .... E>.ING Fa.)....... FEC E; PROVIDING FOR ADOPTION AN ..0VIDINGiit; DIFICATION. WHEREAS, thal3~ªl'dof CouñtM'~!'Ttmissioners of St. Lucie County, Florida, has made the followingrdêtéfìîiÎÂä.ti9n: 1. On August1, 1'990, the Board of County Commissioners of St. Lucie County,FloriCla, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances -------------------------------- Underline is for addition 3 L... ':'h.c Tl,...vu.-,¡l. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 1 PRINT DATE: 05/09/00 ordinance #00-012c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - ªª~O 1 - ~~.fØ3 - >;99-05 - 99-16 - 99-18,;" 00-11/> - ency/ Planning and pposed ordinance the Tribune at ed that the '-' 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-23 - 99-02 - 99-04 - 99-15 - 99-17 - 00-1 0 - March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7,1999 May 16, 2000 3. On February 17, 2000, the Local P Zoning Commission held a public he after publishing notice in the Port S . least 1 0 days prior to the h~ proposed ordinance be appro ...., May 14,1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August tEh 1994 Augl!~t6; 1996 >QctØÞér 7, 1997 .. ry 2,1999 17,1999 999 9 4. On April 18, 20000, thi§,n30ard proposed ordinance, ªttèr publi§ In Port St. Lucie New.sait1id the T'icune onN lic hearing on the f such hearing in the pn17,2000. 5. On May 16, 20ØØì'this Baara held it§second public hearing on the proposed orcdin~Ace, aft~ ·;~~tJfg a notice of such hearing in the St. Luåiè"tslåws and the on May 4,2000. 6.ämendments to the St. Lucie County Land . onsistent with the general purpose, goals, . .5 of the St. Lucie County Comprehensive Plan .. . est int est of the health safety and public welfare of the .i¡Jcie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: P ART A. -------------------------------- underline is for addition 3L~';'h.c Tluu,",,,l, is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-012c Draft #3 Page 2 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 '-"' ....., THE SPECIFIC AMENDMENTS TO THE ST. LUCIE LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: ******************************** CHAPTER II DEFINITIONS'( 2.00.00 DEFINITIONS When used in this Code, the following terms shall have the'töê Scrub habitat: A well drained fire ad a ted lant communi occurrin areas), characterized by white or light cOlo~~g1~~!i~~and.__!~!:~I¡Y. the habitat has a sparse sand pine canopy. with dense ClllI'ODS;'i:~~;¡~~~~;~hickets;;Bm'¡iscrub oaks and other shrubs domina tin a the understory. 1~e arou~~¡\~!~~i~~..~~øÐraIlY very sparse. being dominated bY lichens and herbs. wit~;;:øpen patehe~4~~'II!Yri: exposed sand. ******************************** ..d CHI~ÿliR VII . "sLop'M'Iir#Jf, DESIGN AND IMPROVEMENT x;S~ANDARDS 7.09.00 LAN DSêIBIf!.JG AND SCREENING (Note: th~ ~xi$t;ngS~ct;on 7.09.06 if> to b~ d~t~ted and moved to a Ref>~rv.xt f>tatuf>. Th~ text from S~dtion 7.09.06 if> to b~ mov~d into S~ction 7.09.04, af> f>hown below) 1:09~06 STANDAnDS ron NATIVI: AND DnOUCIIT-TOLEnANT VECI:TATION 7.09.04 GENERAL LANDSCAPING REQUIREMENTS -------------------------------- Underline is for addition 3L~ .;.¡..'" 'fl.~vu,;l. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 3 PRINT DATE: 05/09/00 Ordinance #00-012c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ~ ~ L. STANDARDS FOR NATIVE AND DROUGHT-TOLERANT VEGETATION A. rurpose TRe purpose of tRis CeetioR is to set fOrtR regulatioRS for tRe proper iRstallatioR, preservatioR eRð ffleiflteRafle6 of site appropriate laRðsÐepiRg, follo'NiRg tRe prifleiples of water '(lis~laflðsœpiRg, in orðer to ooRtribute to ·....ater ÐOFlsert'atioR iR tRe tlRiROOrporateð portioFl~ of Gt Ll;!ëié COURt)'. O. Applicability ...---.-.......,-'..-..,.. - TRe prOVi3iof'l3 oftRi3 CeetioR 3R811 apply of'lly to laR~3¢áþif'lg requil'ed·ij~~;ªeijþI:'l7.09.00 ofJl;IIS ~ . . C. Water '.vise Cite De3igf'l GteFlðarels for Cite1j.leJ:'.('roJcëb 1. When a development is designated as a niå:jií"ïør. or planned site plan under the provisions of Section 11.02.02 of this Code,~ø.t ...................................jgn incorporating the following standards shall be required, in addition tq..tne géner~,{I~~spape standards in Section 7.09.00. a.JJ1Jandscapí~gtêquired by Section 7.09.00 i~§as defif')eâ in Sectionª 7.09.0C(C)(2), ~~~~t~~t!;one nundred (100) percent of required lawn ar~~~ shall 9<'nsls .' Of~~t~r"Wise grasses listed in Section 7.0a.e6(C)(2) 7.09¡04(L)(2){a}{ Each ~~"òffrequired landscaping, such as trees, shrubs, vine§,,',,'àhêFlawn are~S shall be;:~lculated separately, and each type shall meet the reSH!red perce!1tage minimyt:J'i of defined water-wise plant materials. b. '. äls shall f()u â',according to watering requirements in order to -waterin 8'. ise plant materials. Proposed irrigation zones n on the'landš ing plan. Such zones snail take into consideration terial and microclimate factors, such as northern or southern a'()r full sun, slope, and berming. c. d coveìÍ~;åpproved under Section 7.09.04(L)(2){c) 7.09.0C(C)(2) sRall mav ~ ~~;insteåâOf grass wnen planting strips are eight (8) feet wide or less. 2. Plant Materials All plallt$ùtilized to meet the water-wise requirement shall be site appropriate, and shall be sele.ct~ðfrom the following lists or be water-wise and non-invasive species approved by the COI'J'U1'1Unity Development Director. In approving other plant materials, the Director shall cOnsider criteria including, but not limited to, soil type, hydrology, and climate. a. Grasses -------------------------------- Underline is for addition 3L..';'¡"'ç 'fl,..vu"l, is for deletion Redlineis suggested amendments from Bce Review 4/18/00 Page 4 PRINT DATE: 05/09/00 Ordinance #00-012c Draft #3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '-" ,." (1) Bahia grass (may be mixed with ryegrass) (2) St.Augustine grass (preferably 31:1b 3peeie3 rx 10) (3) Other grass serving a site specific need approved by the Community Development Director. 1 2 3 4 5 6 7 8 b. Ground Cover/Accent Plants: COMMON NAME SCIENTIFIC NAME ''Qphiopogon japonicus 9 Gamolepis Chrvsanthemoides AFRICAN BUSH DAISY AFRICAN IRIS Dietes vegeta .. AGAPANTHUS Agapanthus orientalis....ð:. Africanus .. AMARYLLIS Hippeastrum x hybridum .. AOrAnAGUÐ rcm¡ Asplll'8!:1t1S denaiflerus BAY CEDAR Suriana Maritima BEACH DUNE SUNFLOWER Helianthus Debilis BEAUTY BERRY Callicarpa Americana BIRD OF PARADISE Strelixia Reqinae .. BLANKET FLOWER Gaillard~pUlchella Juniperus horizontalis . . 'wiltò(lii' BLUE RUG JUNIPER BLUE DAZE EVôMJlus alomerata BOSTON FERN. SWORD FERN CAPE HONEYSUCKLE Nep . exaltata Teconiaria Capensis CAROLINA YELLOW . JASMINE . Gelsemiumsempervirens .. CAST IRON PLANT . Aspidistra elatior .. COMPACT SHORE JUNIPER Juniperus conferta 'compacta' COONTIE Zamia floridana Z. pumila, Z. furfuracea CREEPING FIG Ficus pumila CRINUM LILY Crinum Spp. COMMON NAME .. .~, ..,....... ØWA6F LILY TUFl17. ., . MONDo GRASS ENGLISH IV'''' ';'~AKAHATCHÊÊ GRASS SCIENTIFIC NAME >?Hedera helix T~CUìndäctvìOi(Jes Cuphea hyssopifolia Ipomea stele"ifel'8 irnoerati iva frutescens Llriope muscari SoPhora Tomentosa Juniperus_~ sQuamata exPansa 'parsoni' Pentas lanceolata Catharanthus roseus Portulaca grandiflora Ipomea pes-capri Zephyranthes spp. Pennisetum Setaceum Var. Rubrum lIex vomitoria 'Schelling's dwarf' Uniola paniculata Borrichia Arbororescens Vaccinium myrsintes -------------------------------- ~ underline is for addition ;' LL .;.),.<: 'Tl.L uu",l" is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #00-012c Draft #3 .. MARSH ELDER. LIL YTURF ~ PERIWINKLE (VINCA) PURSLANE RAILROAD VINE .. RAIN LILY RAMORA RED FOUNTAIN GRASS .. SCHELLING'S DWARF HOLLY .. SEA OATS SEA OX·EYE DAISY SHINY BLUEBERRY Page 5 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '-' "'w1I COMMON NAME SCIENTIFIC NAME & DAYLlL Y Hemerocallis spp. & DWAnr rnOOI::JMBctIC Juniperus chinensis BLUE DAZE JUNIPER 'procumbens nana' DOWNY JASMINE Jasminum Multiflorum DWARF JASMINE Trachelospermum asiaticum DWARF FAKAHATCHEE Tripsicum dactyloides L. GRASS iasminodies "minima" & DWARF LANTANA Lantana depressa (ovatifolia 'reclinata') h:. involucrata DWARF GARDENIA Gardenia jasminoides 'prostrata' COMMON NAME Tulbagia violacea & SOCIElY GARLIC & SPIDER LILY SPLIT LEAF PHILODENDRON "STRING LILY: . & + .--,',.".,....- ....-.-., ,.,___."U'_' ---.... -.'_. ,---_. ,.....--- . ,-'. ;¡:ÁAlLltlO LANTANA & WCÐtl1A W.CANNA * Calt teleraflt ! Ilað .feu", ¡,. £t. Ltieie Cðtmt) "'"y; c. Shrubs: .. .. . ÇOMMON NAME COMMON NAME SCIENTIFIC' NAME Lantana spp. OCAIJTYocnny Oallieal"l!!,i:lfMPÍearu! & LANTANA ·'·ÙMEBERRY '''',. MARSH ELDER OlnÐ or rAnAÐICC CtfðlitÎ4:ié.giruie & BLUEVASE JUNIPER Juniperus chinensis 'blue vase' . BOXTHORN Sevéi'ini¡i buxifolia BUXuS rrilèroptlyUa NANDINA NIGHT JESSAMINE & BOXWOOD BURFORD HOLLY BUTTONWOOD Conocarpuserectus ORANGE JASMINE lIex comu!a:'BUrfordii' & OLEANDER & 6ANNA 081'1118 X IIl!l'Iereli(! & PINE CONE LILY, WILD GINGER + OArC IIOtICVÐI::JOI(LI! & CARDBOARD pLANT TGððrflð.ria ellt'ef\si! & PITTISPORUM Zamia furfuracea PLUMBAGO & CHRISTMAS BERRY Lycium carolinianum RED FOUNTAIN GRASS coto PLUM Chrvsobalanus Icaco & ROUND-LEAF HAWTHORN -------------------------------- Underline is for addition 3LL ':'1,.", 'fl'Lvu"L is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #00-012c Draft #3 SCIENTIFIC NAME Hymenocallis latifolia Phil9dendron Selloum Crinum Americanum Canna Aaccida SCIENTIFIC NAME Triphasia trifolia Iva fructescens Nandina domestica Cestrum noctumum Nerium oleander Murraya paniculata 'Lakeview' Zingiber zerumbet Pittisporum tobira Plumbago auriculata Pennisetum setaceum var. rubrum Raphioleis umbellata Page 6 PRINT DATE: 05/09/00 '-' "wi COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME 1 I- COONTIE Zamia floridana RUSTY L YONIA Lyonia ferruginia 2 CORAL BEAN Erythrina herbacea SCARLET HIBISCUS Hibiscus Coccineus 3 CRAPE MYRTLE Lagerstroemia indica I- SANDANKWA Vibumuntsuspensum VIBURNUM 4 CREPE- Tabemaemontana I- SCHELLING'S JASMINE,PINWHEEL divaricata FLOWER 5 I- CRINUM LILY Crinum spp. SEÄ'GRAPE 6 DOWNY JASMINE Jasminum multiflorum 7 I- DWARFYAUPON HOLLY lIex vomitoria 'nana' 8 I- DWARF CHINESE HOLLY lIex comuta 'Rotunda' 9 l- t DWARF OLEANDER Nerium oleander Rhus copallina 10 FAKAHATCHEE GRASS Tripsacum dactytoides Justicia brandegeana 11 FIRE THORN Pyracantha coccinea 12 FLORIDA ANISE Illicium floridanum Chiococca alba 13 FRAGRANT Osmanthus Myrica cerifera OSMANTHUS 14 I- GALLBERRY lIex Hibiscus arandiflours cðceil'letls 15 I- GARBERIA Befaria racemosa 16 Leucophyllum fructescens 17 I- THRYALLlS, RAIN OF Galphimia glauca GOLD 18 I- TORULOSA JUNIPER Juniperus chines is 'torulosa' 19 I- VITEX Vitex trifloia 20 I- 'hetzii' I- WILD OLIVE, FLORIDA Forestiera segregata PRIVET 21 x rosa-sinensis YELLOW ELDER Tecoma stans 22 indica YELLOW ANISE Illicium parviflorum 23 Ugustrum japonicum 24 25 26 27 28 29 -------------------------------- Underline is for addition .3 L... .;.),.'" 'fl.... uu~L is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 7 PRINT DATE: 05/09/00 Ordinance #00-012c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 '-' ....,.¡ d. Trees: COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME Al;er rubrum AMERICAN HOPHORNBEAM BALD CYPRESS CAMPHOR TREE CHERRY LAUREL CHINESE ELM CRAPE MYRTLE DAHOON HOLLY EAST PALATKA HOLLY FLORIDA MAPLE GOLDENRAIN TREE INDIAN HAWTHORN LAUREL OAK LEYLAND CYPRESS LIVE OAK NAGI PODOCARPUS PIGNUT HICKORY PODOQARPUS . Galt tetel'6.l'It Ostrya virginiana RED MAPLE Taxodium distichum & REDBAY Cinnamomum camphora Prunus caroliniana Ulmus parvifolia 'Drake' Lagerstroemia indica & lIex cassine & lIex x attenuata & Al;er barbatum Koelreuteria elegans & Raphiolepis indica 'Majestic Beauty' Quercus laurifolia x Cupressocyparis leylandii Quercus virg!niaria & YAUPON ELM PodocárPQS nagi YELLOW POINSIANA .-.....,.-.'.'."., (:,>:<_'-'::":-.-:-::,:::<'c:-:.-.:-/' ",::<:":>,>.".".--:-:,'-.-:.,::.:,'.":.<:"':",:.:":", " -,1,..1 las free""t"A~;::~~>~,~~t:I~t) 3. . Mulching Standards Uquidambar styraciflua Platanus occidentalis Ugustrum lucidum Quercus nigra Myrica cerifera lIex vomitoria 'pendula' Ulmus alata Peltophorum inerme a. Mulch shall cover the entire area of the planting bed. 4. Alternative Method of Meeting the Water-Wi~e Requirement When Native Upland Plant Ordinance #00-012c Draft #3 -------------------------------- Underline is for addition 8L...';'kc Tl,...vuyL is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 8 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' .....,; Communities Are Maintained a. Preservation of existing native upland plant communities on the site may substitute for all or part of the water-wise requirement in the following ratios: Preservation of 25% or more of site No water-wise requirement Preservation of 15-25% of site Water-wiserEl9yirem,él1ts limited to 30% pfeach typø@f,t~q~ired plant material . .........,., .........,....... ,---.,.._....,..:,..",. ..._..-...,......,'.,.......-.--... ..---....... ............ Preservation of 1-15% of site<:;W ater-wisetØq of each tyþêof b. Reduction of water-wise requiremelil communities shall be allowed onlyvv determines that all of the following cr'it pr~~rving existing . . ....... Community Deve et: li:ffl,yiable and in good condition nd?¢oyer. 1. The existing native plant communi and include canopy, understory, an 2. The existing native plantqo easement or otner legally e pities mustbøþrotected by a conservation ,able preservation mechanism. 3. The execu~.!,9Î1 of the.sité plar'lvvill;;tfì~ttlíreaten the viability of the existing native plant community. .. . 4. ThElpJª"tcom"1.9mity to be preserved shall be at least one-half (1/2) acre in, except ... microcommunities totaling at least one-half (1/2) acre e prese r9~i~i9gthat each microcommunity is at least ten (10) width an . nta.ins at least one hundred (100) square feet. 5. 5. plan is submitted to show how the viability of the preserved will be maintained without the use of heavy equipment. Design Standards irrigation of preserved plant communities shall be prohibited. Irrigation required for the re-establishment or restoration of existing plant communities shall be limited to temporary irrigation systems. Newly installed plant communities or supplemental plants to existing plant communities may initially require additional water to become established. Temporary irrigation systems shall remain in place for a period of at least six (6) months and shall include: -------------------------------- underline is for addition 8L...';'h.c 'fl,...vu.",l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 9 PRINT DATE: 05/09/00 Ordinance #00-012c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ~ ....." (a) Temporary low-volume irrigation, or (b) Alternative method approved by Community Development Director. 3. Automatic irrigation systems shall incorporate the following criteria: (a) Zoning of irrigation systems: Sprinkler heads irrigati~~:?esigna~~ shall be circuited or zørt~d so that) different frequency <,) pplication r~ areas. At a minimu· parate zones sh planting beds, wit .. eparat~zone alsor: incorporated into p t'1ijl;)gb~.ºs. (b) Automatic rain shut-ôff:Øø~~ê$; ater demand areas be irrigated ata water demand ,Jep for tl.ll11'iand rðdfor/trêes not Automatic irrigatiol'!!;isyste rain shut-off device for each . mþ~iequipped with an automatic o$èdzone. (c) Eliminationotover4hrow onto impeiVious surfaces: 1.Sprinkler;hèadsshaU be directed away from impervious surfaces. 2: The effects of Wind on the spray stream shall be reduced by requiring loW trajectory spray nozzles. b. Maint~nancè of Irrigatio/'lSystel"li$: Irrig~tiô.rtsy~tems shall be maintained in working condition at all times, to prevent wastèô.f,:irrIQ(ition water. Broken sprinkler heads, pipes and nozzles shall be repairedØr.rèþla,~d within fourteen (14) days of notice. c. Irrigation Duriog¥\làter Shortage stems shall be operated in accordance with the requirements of water s eclared for St. Lucie County by the South Florida Water Management Distriêt:ÔfSt. Lucie County. M. SPECIAL LANDSCAPING REQUIREMENTS FOR NORTH & SOUTH HUTCHINSON ISLAND 11.an'( develoPment is to occur on a site located on North or South Hutchinson Island. 75 % of the /'lèWHå/'ldscapinQ material to be planted shall consist of the followinQ species. The Community ga"êlopment Director may reduce the minimum size reQuirements to the larQest plant sizes available if the listed plant material is unavailable in the sizes set forth in 7.09.03 (E) (2) and (3). -------------------------------- Underline is for addition 3LL';'J..... 'fl'Lvu"l. is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 10 PRINT DATE: 05/09/00 Ordinance #00-012c Draft #3 '-' ....., 1 Each tvpe of reauired landscapina. such as trees. shrubs. vines. and lawn areas shall be calculated 2 separatelv. and each tvpe shall meet the reauired percentaae minimum of plant materials. 3 4 5 COMMON NAME SCIENTlRC NAME COMMON NAME SCIENTIFIC NAME 6 7 GRASSES: 8 9 Broomsedge Bluestem Andropogon virginicus Beach Panic Grass 10 11 Seashore Saltgrass Distichlis spicata Sea Oats 12 13 Purple lovegrass Eragrotis spectabilis 14 15 16 GROUND COVER: 17 18 Aster Aster spp. 19 20 Silver Sea Oxeye Borrlchia arborescens 21 22 Blanket Flower Gaillardia pulchella michauxii 23 24 Portulaca Portulaca pilosa 25 26 Sea Purslane Sesuvium portulacastrum spp. 27 28 Goldenrod Solidago spp. Veronia spp. 29 30 Railroad Vine Ipomoea pes-caprae 31 32 33 SHRUBS: 34 35 Martberry Osmanthus american a 36 37 Psychotria nervosa 38 39 Myrtle Oak Quercus myrtifolia 40 41 White Indigoberry Randia aculeata 42 43 Snowberry Rouge-Plant Rivina humilis 44 45 Scrub Palmetto Sabal etonia 46 47 Inkberry Scaevola plumieri 48 49 uvifera Saw palmetto Serenoa repens 50 51 Florida Privet Forestiera segregata False Mastic Sideroxylon foetidissimum 52 53 Holly lIex vomitoria Spanish Bayonet Yucca aloifolia 54 55 Iva frutescens Bear Grass Yucca filamentosa 56 57 Iva imbricata Coontie amia spp 58 59 Lycium carolinianum Hercules' Club Zanthoxytum clava·herculis 60 -------------------------------- Underline is for addition 3L~':'k", 'fL~uu;¡h is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 11 PRINT DATE: 05/09/00 Ordinance #00-012c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 '-' ....., COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME Poisonwood Melopium toxiferum Wax Myrtle Myrica cerifera Lancewood Ocolea coriacea TREES: Gumbo Limbo Bursera simaruba Live Oak Ouerçusvirginiana Sabalp~lìnetto Simarouba~glàtíqa . .. Stangler Fig Ficus aurea Cabbage ~1Ti Southem Red Cedar Juniperus silicicola ParadiseTfee Wild Tamarind Lysiloma latisiliquum N. :.,-::.:::,.::: SPECIAL LANDSCAPING STANDARDS FOR D~ÊLOptiA8W'"tIN\AREAS DETERMINED TO CONTAIN SCRUB HABITAT If an develo ment is to occur on a site that,'s)/ irnâd;throu h an Environmental 1m act Re ort submitted pursuant to Section 11.02.09:¡!-ør¡Seêl:lotf)';~i,.iliÔI~¡10 of this Code. or by the Community Development Director followina a speélffCsite imDåêfl()Ajî)V¡~IiJ'è:Oiréctor or his desianee. to be scrub habitat as defined in Chapter 2 of !~tsCode. 7~i!:% ofâA*'¡1~~~/lâl1dscapina material to be planted shall consist of the followina list~~~ecies. .)i~ Comm~~itv¡geVelopment Director may reduce the minimum size reauirements~~'trye lara~~t;;blant siz~~¡ available if the listed plant material is unavailable in the sizes set¡:J~orth in Sdbn 7.09.03;(E) (2) and (3). Each type of reauired landscapina. such as trees::~lfifubs. vin~!!~'nd la'lt"l~rèas shall be calculated separate Iv. and each e shall meet the re uireai ercenta Ð,¡;(nimurmof lant materials. COMMON NAME COMMON NAME SCIENTIFIC NAME GRASSES Broomsedge Bluestem Andropoga<¡.virginicus Lopsided indiangrass Sorghatrum secundum Arrowfealher tftreeawn AriStida purpurascens M$tida stricta Sporobolus junceus Pinewoods Dropseed Wiregrass Panicum Needleleaf Dichanthelium aciculare purple Lovegrass Eragrotis spectabilis GROUND COVER Blanket Flower Gaillardia pulchella Runner Oak Quercus pumila Yellow Jessamine Gelsemium sempervirens Goldenrod Solidago spp. Blue-eyed Grass Sisyrinchium spp. Spiderwort Tradescantia spp. Beach Sunflower Helianthus debilis Veronia spp; Ironweed -------------------------------- Underline is for addition 3L...';'h.c 'fluvu,;l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 12 PRINT DATE: 05/09/00 Ordinance #00-012c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ~ ., COMMON NAME SCIENTIFIC NAME COMMON NAME SCIENTIFIC NAME SI. John's Wort Hypericum spp. Bear Grass Yucca filamentosa Gopher apple Liciania michauxii Portulaca Portulaca pilosa SHRUBS Hawthome Crataegus spp. Myrtle OaK Quercus myrtifolia Carolina Holly lIex ambigua Scrub Palmetto Saba! etoriia Yaupon Holly lIex vomitoria Vaccinium arboreum Serenoa repen$ Fetterbush Lyonia lucida Chapman Oak Quercus chapmanii TREES in us clausa Scrub Hickory Carya floridana Wilc1ÒJíŸè. Osman~usamericana Pignut Hickory Carya glabra Sai1d Pinè::/': Juniperus silicicola Sou~em Red Cedar Live Oak Quercus virginiana ******************************** PART B. CONFLlCTINGÞROVISIONS. Special acts·ofthe Florida legislature ordinances and County resolutions¡ o. by this ordinance to the extent of such licable only to unincorporated areas of St. Lucie County, County thereof, in conflict with this ordinance are hereby superseded iet. PART C. SEVER,ABIl;mrv. If any portion of this ordinançe'¡sfór any reason held or declared to be unconstitutional, inoperative, or void, sucfuholding shall not affØ¢t the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to þeinapplicable to any person, property, or circumstance, such holding shall not afféotits applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. -------------------------------- Underline is for addition ::IL...';'),.", 'fl....vu",l. is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 13 PRINT DATE: 05/09/00 ordinance #00-012c Draft #3 ;c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ~ .....,; This ordinance shall be applicable throughout Sf. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance Administrative Code and Laws, Department of State, The Capitol, Bureau of PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Paula Lewis Commissioner Cliff Barnes Commissioner Doug Cowarc xxx PART H. Provisions of this ordinance s the word ·ordinance~l<may be ch this ordinance may be renumbere B through H shall not be coqified. rporated in the Sf. Lucie County Code and Compiled Laws, and ~~~ction·, "article", or other appropriate word, and the sections of IØ~(ðÍ"ed to accomplish such intention; provided, however, that parts PASSED AND DULY ENAC'fED',this _ day of May, 2000 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN -------------------------------- Ordinance #OO-012c Draft #3 Underline is for addition 3L....a.", 'fluuu.yl, is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 14 PRINT DATE: 05/09/00 1 2 3 4 5 I! DJM OO-OI2b(LndcodOO -H) Ordinance #00-012c Draft #3 '-' ..",., APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY -------------------------------- Underline is for addition 3L~';'h.~ 'Flauu~l, is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 15 PRINT DATE: 05/09/00 ~ ".. 'r '-" ~TEM NO. 5~ D AGENDA REQUEST DATE: May 16, 2000 CONSENT REGULAR PUBLIC HEARING [X ] Leg. [X] Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Community Development PRESENTED BY: ?~~ Community Dev. Director SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ [ X ] OTHER: County Attorney: Continued to Originating Dept: Finance: (copies only): Consider Draft Ordinance 00-013, Amending Section 7.09.05 (A)(l) Landscaping and Screening, Removal of Exotic Vegetation, of the St. Lucie County Land Development Code. Draft Ordinance 00-013, proposes to amend Section 7.09.05 (A) (1) Landscaping and Screening, Removal of Exotic Vegetation, to clarify the type of exotic vegetation that is required to be removed during all new development activities as well as other general amendments as follows; by amending §7.09.05(A) by creating a new paragraph (2) prohibiting the planting of any species listed as a Catego~ One species in the latest edition of the Florida Exotic Pest Plant Councils "Most Invasive Species List·; and by amending §7.09.05(B) to clarify the procedures and process associated with declaring certain exotic pest plants as invasive species and authorizing their removal in the event of a filed complaint for properties in recorded subdivisions located in the unincorporated areas of the County. Not Applicable. On April 18, 2000, the Board of County Commissioners held the first of two required public hearings on these proposed amendments. At that hearing no final action was necessary at that time, on Draft Ordinance 00-013. Staff recommends approval of Draft Ordinance 00-013. DENIED for Board d:ï:8oÇcHRa~~Ç?¡h~It9re¥ote. Mgt & Budget: purchasing: Other: Other: Ì'o:" .. l , , ~ .,¡ DEPARTMENT OF COMMUNITY DEVELOPMENT Administration MEMORANDUM DATE: Board of County Commissioners ~ Amy Moll, Resource Protection coordinato~ May 10, 2000 TO: FROM: SUBJECT: Ordinance No. 00-013 Attached is a copy of Draft Ordinance 00-013, which proposes to amend Section 7.09.05 (A) (1), Landscaping and Screening, Removal of Exotic Vegetation, of the County's Land Development Code. In the fall of 1999, the County Commission established a Vegetation Protection Advisory Committee whose charge was to review the County's landscaping and vegetation protection guidelines, and to recommend modifications as it felt necessary to further the objective of vegetation and habitat preservation. The Vegetation Protection Advisory Committee met six times from June 1999 to December 1999. The first of two required public hearings was held on April 18, 2000, for the review of the proposed amendments. Draft Ordinance No. 00-013 is an ordinance amending Section 7.09.05 (A) (1), Landscaping and Screening, Removal of Exotic Vegetation, to clarify the type of exotic vegetation that is required to be removed during all new development activities as well as other general amendments. 7.09.05 (A) General (A) A requirement was added for the use of chemical herbicide treatment of any remaining stumps. The species required to be removed was changed to include all species listed as "Category I" in the latest edition of the Florida Exotic Pest Plant Councils "Most Invasive Species List." The Community Development Director may waive the requirements of this section for the undeveloped portion of a single-family residential site greater than one (1) acre. A section prohibiting the planting of species listed as "Category~ I" in the latest edition of the Floriáa Exõtic Pest Plant Councils "Most Invasive Species List." (B) The title of this section was changed to "Exotic Pest Plants; Maintenance and Removal". The species required to be monitored as nuisances and prohibited species was changed to include all species listed as "Category I" in the latest edition of the Florida Exotic Pest Plant Councils "Most Invasive Species List." It was added that the 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 ...", ublic roeeting within \IIi!\'! 2 issioners shall revieW appeals at a Pthe County I\droinistrato(. Board ot County co~~ tM date the appeal is receNe$~ b~O to $'200 dollars per lot. (30) calendar d9:~: ro . \1arge \lias changed t(oro . ¡"e per lot adrolnlstratNe C '-' i WHEI' the foll\ 1. ~rC"I:é.W.O''3·00C r-. '-. I: '-" "wII 2 Board of County Commissioners shall review appeals at a public meeting within thirty (30) calendar days from the date the appeal is received by the County Administrator. The per lot administrative charge was changed from $2.00 to $200 dollars per lot. A:\BOCCMEM013.00C .. ,,,"OJ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 , . '-' ..""" ORDINANCE NO. 00-013 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY DEVELOPMENT CODE BY AMENDING SECTION 7.09. LANDSCAPING AND SCREENING, REMOVA VEGETATION, TO CLARIFY THE TYPE OF E C V IS REQUIRED TO REMOVED DURING E ACTIVITIES; BY AMENDING SECTION 7.0 (A) BY PARAGRAPH (2) PROHIBITING THE P TING F LISTED AS A "CATEGORY I" PLANT SPE E LATEST OF THE FLORIDA EXOTIC PEST PLANT "MOST INV E SPECIES LIST."; BY AMENDING SECTIO TO CLARIFY THE PROCEDURES AND PROCESS ASS DECLARING CERTAIN EXOTIC PEST PLANTS A CIES" AND AUTHORIZING THEIR REMOVA A FILED COMPLAINT FOR PROPERT UBDIVISIONS LOCATED IN THE UNINCOR HE COUNTY BY PROVIDING FOR CONFLI PROVIDING FOR SEVERABILITY; PROVI ; PROVIDING FOR FILING WITH THE D E; PROVIDING FOR AN EFFECTIVE DATE; P ION AND PROVIDING FOR CODIFICATION. mmissioners of 51. Lucie County, Florida, has made 990, e Board of County Commissioners of 5t. Lucie dopted the 51. Lucie County Land Development rd of County Commissioners has adopted certain ents to the 51. Lucie County Land Development Code, h the following Ordinances 91-09 - May 14, 1991 March 14, 1991 -------------------------------- Underline is for addition m:rilœ 'l'RrSti'3'R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 1 PRINT DATE: 05/09/00 Ordinance #00-013c Draft #3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 - 25 26 27 28 29 30 31 ,,- \ 32 33 34 35 36 37 38 39 I '-' ...., 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-23 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - 00-12 - November 7,1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 May 16, 2000 May 16, 2000 3. On February 17, 2000, the Local Zoning Commission held a public h after publishing notice in the Port least 1 0 days prior to the proposed ordinance b~ ap 4. On April 18, 20000, t proposed ordinanc Port St. Lucie N blic hearing on the e of such hearing in the April 7, 2000. 5. second public hearing on the ng a notice of such hearing in the ribune on May 4,2000. . ents to the St. Lucie County Land consistent with the general purpose, goals, tan rds ofthe St. Lucie County Comprehensive Plan 'nterest of the health safety and public welfare of the ucie County, Florida. THEREFQ , BE IT ORDAINED by the Board of County Commissioners of St. da: -------------------------------- Underline is for addition Gtri]œ TRrSt:l!!R is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 2 PRINT DATE: 05/09/00 ordinance #00-013c Draft #3 ~/ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 f . '-' 'wi PART A. THE SPECIFIC AMENDMENTS TO THE ST. lUCIE LAND DEVELOPMENT CODE TO READ AS FOllOWS, INCLUDE: ************************** DEVELOPMENT DESIGN A STANDA 7.09.00 LANDSCAPING AND SC 7.09.05 REMOVAL OF EXOTIC V A. GENERAL .L Melalcl:Jea, pl:Jfll( er papcr tree Braziliafl pepper trce IRelu~c3 AU3treliafl piflc here within the I" in the latest ecies List." -------------------------------- Underline is for addition E:tri]te TRreti~H. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 3 PRINT DATE: 05/09/00 Ordinance #00-013c Draft #3 ¡. J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 j . '-' ...., B. AU8TIlALlAN PIN[ Nm/OI1 DI1AZILlAN OAK TI1C[ I '!CICHT MAINT[W\NCE EXOTIC PEST PLANTS: MAINTENANCE AND REMOVAL 1 . Nuisances declared and prohibited a. It is found and declared to be expedient and necessary to the p public health, comfort, safety and welfare of the inhabi all lots in recorded subdivisions of S1. Lucie County required to be kept free from listed as a "Cate 0 I" in the latest "Most Invasive Species List." which, structures, physical condition, or oth to life or property within the immedi of tr=ees veaetation which create a Erosion control measures or reseed was removed may be reauired. b. lanted, anywhere within , any species listed as est Plant Councils "Most c. ian eek pepper trees located within 1. Lucie County shall be maintained at a en the tree and the nearest property line, any such trees or arw sl9ccies listed as a ., . his designee finds and determines, based upon a complaint operty adjacent to a lot which is the site of such a tree, that a des Ibed and declared in this section exists, he shall notify the record g property in writing and demand that such owner cause the condition thirty (30) days of mailing, serving or posting of notice. Such notice ntially the following form: NOTICE TO: Date: -------------------------------- Underline is for addition ÐEFiJœ TRreli!!R is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 4 PRINT DATE: 05/09/00 Ordinance #00-013c Draft #3 " ,. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~ , '-' "wJI Address: Property: You, as the owner of record of the property above described, are notified that the Board of County Commissioners of St. Luci Florida, on the _ day of . 49 20 nuisance exists upon such property, caus d by: You are hereby notified that you mu days, failing in which, the Board of and the cost thereof will be levied a The notice shall be sent by certified mail, postal service to return after five (5) days, owner of the offending property as th records of the County Property Ap so addressed and deposited in such notice is returned by th Development Director or h' any, of the property or to and if still unable to d or near the front pr ested, with a request to the hall be addressed to the address appear on the Icient and complete when er postage prepaid, unless e. If the notice is returned, the of the notice to the occupant, if Who can be found within the county; ysically post such notice on such land at 3. Section (B)(2) shall advise the property owner that within thirty , serving or posting of notice, as the case may be, he may make of County Commissioners in care of the County Administrator afford him an opportunity to show that the condition does not or to contest the determination of the Public Works Director or pt of such a request, the County Administrator shall schedule a before the Board of County Commissioners. Commissioners shall review the a eal at a ublic meetin within thi 30 calenl7r s from the date the a eal is received b the Coun Administrator. eM tion shall be taken to abate any nuisance involved until the matter has been the Board of County Commissioners. f, thirty (30) days after mailing, serving or posting of notice, as the case may be, no hearing -------------------------------- Underline is for addition ÐtJriJ£e TRJr8~!!,R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #OO-013c Draft #3 Page 5 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i . '-' .....,; has been requested and the conditions described in the notice have not been remedied or abated, the Public Works Director or his designee shall authorize the condition to be remedied or abated by the County at the expense of the property owner. If a hearing has been held and has been concluded adversely to the property owner, the Administrator or his designee shall authorize the condition to be remedied or abated by the County at the expense of the property owner, unless the Board of County Commissioner ct otherwise. The employees, servants, agents or contractors of the County ed to enter upon the property and take such steps as are reasonabl require abatement. 5. Assessment of cost of abatement against pro After abatement the cost to the County, in ($200) per lot administrative charge, shall b Commissioners. Thereupon the Board of Co the cost against the offending parcel. The r the cost of abatement actually incurred by t Such assessment shall be a legal, valid and The assessment shall become due and pa of assessment after which interest sh any unpaid portion there. 6. Notice of lien As soon as possible Commissioners shall Office of the clerk 0 effective as of the mail a notice t the last en made, the Board of County assessment resolution to be filed in the t. Lucie County; and the lien shall become e Clerk of the Circuit Court. The Clerk shall each parcel of land described in the resolution which notice may be in substantially the following NOTICE u, as the record owner of the property above described, are hereby dvised that the Board of County Commissioners of St. Lucie County, Florida, did on the _ day of , 49 20 _' order the abatement of a certain nuisance existing on the above property, sending you notice thereof, such nuisance being: -------------------------------- Ordinance #OO-013c Draft #3 Underline is for addition ÐtriJEs TkrsH!'ft is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 6 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i . '-" 'wJI (hereby describe briefly) A copy of such notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by St. Lucie County at a cost of $ . Such cost, by resolution of the Board of County Commi ioners of St. Lucie County, has been levied against the above prope has become a lien thereon. You may pay such assess me e of the Clerk of the Circuit Court of St. Lucie County, Co rt Pierce, Florida. If such assessment is not pa' . hin 0 it will be instituted to enforce said lien by the s id lot By If such assessment is not paid in full, includ year after it is filed in the office of the C enforced by civil action as other Ii shall include court costs, attorn f payment, within one (1) ucie County, it may be e of Florida. Such action enforcement. PART B. nincorporated areas of St. Lucie County, County conflict with this ordinance are hereby superseded by ny reason held or declared to be unconstitutional, inoperative, or void, ning portions of this ordinance. If this ordinance or any provision thereof any person, property, or circumstance, such holding shall not affect its on, property, or circumstance. all be applicable throughout St. Lucie County's jurisdiction. -------------------------------- Ordinance #00-013c Draft #3 Underline is for addition £triJte TRreH'!j'R is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 7 PRINT DATE: 05/09/00 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 i . "-" ...., PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 323 4. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Departmen PART G. ADOPTION. After motion and second, the vote on this ordinance was as Chairman John D. Bruhn Vice Chairman Frannie Hutchinson Commissioner Paula Lewis xxx ted in the St. Lucie County Code and Compiled Laws, and the , "article", or other appropriate word, and the sections of this to accomplish such intention; provided, however, that parts B -------------------------------- Ordinance #00-013c Draft #3 Underline is for addition Ct£ihe TR£811!!R is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 8 PRINT DATE: 05/09/00 ". ( - - '-" ...,; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN -------------------------------- Ordinance #00-013c Draft #3 Underline is for addition Strihe TRreti~R is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 9 PRINT DATE: 05/09/00 þ r:-i ,,> ,!'kÓT;~O¡:;:ES"'Ä~.¡ISïtlil¡;:":r~' ....- _._ ~. - I' .,,~~ h~ ~ 'p, ·,;)i:\' .:.1:- .;' :,'/'11' , ". O~~tt~NGEO~(;¡9,~~!19~ . .. "AEEIiCT'ING THE:f'û.'SE<OF;tAND . .. " .:;:'l~J¡b~rd:~~;~~~~~iià~h~_s~:t8id~Pt the . ~ ~ fOl'owln9 Ordinance: ' .~;.. . ,,' . ,.~., 'ANn ORDINANCE AMENDING THE "ST: LUCIE COUNTY LAND EVELOPMENT CODE' BY AMENDING SECTION 7.09.05(A)(1); LANDSCAPING ,. D SCREENING, REMOVAL OF EXOTIC VEGETATION, TO' CLARIFY THE TYPE OF EXOTIC VEGETATION THAT IS REQUIRED TO REMOVED DURING ,ALL NEW DEVELOPMENT ACTIVITIES; BY AMENDING SECTION 7.09.05(A) BY CREATING A NEW PARAGRAPH (2) PROHIBITING THE PLANTING· OF ANY SPECIES LISTED AS A CATEGORY I PLANT SPECIES IN THE LATE&T EDITION F THE FLORIDA EXOTIC PEST PLANT COUNCILS AMOST INVASIVE )PECIES LIST. BY AMENDINGSçCTION 7.09.05(B)· TO CLARIFY THE PROCEDURES AND PROCESS ASSOCIATED WITH DECLARING CERtAIN EXOTIC PEST PLANTS AS AINVASIVE SPECIES AND AUTHORIZING THEIR REMOVAL IN THE EVENT OF A FILED COMPLAIN" FOR PROPERTIES IN RECORDED SUBDIVISIONS LOCATED IN THE UNINCORPORATED AREAS OF THE COUNTY BY PROVIDING FOR. CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY;' PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. PUBLIC HEARING on OrdinånceOO-013 will be held before the St. Lucie County Board of County Commissioners on Tuesday, May 16, 2000, at 7:00 P.M. or as soon thereafter' as possible, in the County Commission Chambers, 3rd floor of tl:le County Administration Annex, 2300 Virginia Avenue, ·Ft. Pierce, FI. Matters affecting your personal and property rights may b.e heard and acted upon. All interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. The purpose of this public hearing is to amend the St. Lucie County. Land Development Code to provide for amendments to the regulations governing the removal of exotic vegetation for all new development activities in the unincorporated areas of the county. This is the second .of two re.quired public hearings. If any person decides to appeal· any decision made with. respect to any matter considered at the meetings or hearings of any board" ~qmmittees, commissions, .agency, council or advisory group, that person willnee,d rèèord of the proceßdings ~and that, for such pÙrpose may need to ensure that a verbatim record of tl;1e proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based, Upon the request of any party to t~e proceeding, individuals testifying during a hearing will be sworn in. Ahy party to the proceeding ,will be granted an opportunity to cross-examine any individual testifying during a rearing uponr~~uest. . '" . ,',)-: This notice datêd and executed this 1st day of May, 2000. ~ ~ " ~ f r t I' ~." f )'1: r V' t: r . f t. t . . I"~ ~ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA '~..<t. .".' ·.../S/ JohnD; Bruhn.., Ch~irman; "'k\'fii:;)'1.~'PU~LlSHDATE: . May 4, 2000' , , . -- ~ --.. - ~ - . ;~";=:'.." ~.' "'·;'r~'· . . '. '., -." $",.:; H:~'CX~1t¡~~~~~~fo~");t .' tfFEcr'NGTHE US~()F LAND. .. ¡. " , <. '. The St. LUcie Coumy IIoan¡ OfCoumy~ -e '0 adop, the fOllolt1(ing Ordinance: ORDINANcE NO. 00-013 , " .' I , IW ~ AI.fENo¡NG THE sr.1JJc¡¡; CouNTy I.ÅNÓ Deva.QPMENT CODE BY ~/NG SEcTI9N7.09'ÍIS(A¡(I¡. ~IWD ~ REMovAlOp, ÐcÒ1TC.~A-. TION. TO ClARIFy THE TYPE OF ÐcOlJc ~A1ION Í1iAr IS REQuIRED ro REAIovEo OUI¡¡NGAli. NEw ~'., ~; BY AAfENowo SECrJòN7.oø.Os(A¡BYCffl1AnNGA NEw P~ (2 ~THE;~Op" IWY. 1 sPEcIEs lISTEn As AACA'IEGot¡y 'IY#8Æc,ES IN THE "Ar- H EST EDrIJON OF THE 1'I.0RI0A Ðconc PEsT Pt..w¡- ~'.' AMosr. ¡NVAsIVE SPECIES l!ST;""ÐY AAtENDlNG SEC11Ot, , 7.09./J5($. TO ClARIFy THE ~ IWD ~ Asso. I ClA1ED~ DEClARING C$rAINEXo'l1c PEsrPLv4rsAsA/N,. - VASIVEf~i¡S IWD ~ THEIR REMovAl IN THE EVENrOp,A FII:Eo~ FOR ~ IN'~ I ~BY~~=~ ~FOR~;PRovIDlNGFOR~; PRovrowo FOR FILING IWI}f THE DEPARnrENr OF STATE; PR0- VIDING FOR IW EFFECTIvE DATE; PRovIDING FOR ADoI>rroN ANDPR~"'DING FOR CODIFICATION. A 1'UøI.!q, IiEARlNG on (H¡j¡nance 00.013 Will be held bemre tho. SI, LUCIe Coumy Boa", of County ~ on ~.IofayI6, 2000. 8/1.'00 PJ.. or .. -. Ihorøoti;.. -'.10 /he Coumy ~ Chamr.... 3ft IIoor of /he County ~ ^"""" 2300 IIi¡r,¡¡" A-. 1'1. Pren:ø. FJ. "'atten. "IIëcting !'Our I>ersona' and -.. iI9hfs may be he"", """ acted~. All Inletests" _s aO! ''''^''''' 10 a!tend and be heard. WriItet, -nls -iVed In advance of th9 PUblic ~earing Will also be heard. . , 'The pu...... of "Is þUbjichearing Is 10 a01énd ... St. LUCIe County land '. '~ Code 10 - tb, amendlnenls 10 "e ","ulations gav. c'. ,'eming.........., Of """,,C -lion to.- au .... """""""'nt actM,... '. ';in "e UniQ_fed aleas of 'he COUnty. This 's 'he second of two '. . required P(Jblic hearings. If any - decides '0 aPPea' any deciSIon mad. Wi1h O!Spect to any lOa"... -...., at ... meetings or hearings Of any boant, comml"ees, commission.. "96ncy, COUOdJ or adviSOly 9O>OP. /ha, pelSon Will n""" 0!c0n1 of... P_Ings and /ha'. to.- SUch pU'Pose may need 10 ensu", "at a -Ifm -'" of ... "-edlngs Is lOad.. Wh'ch 0!c0n1 Shou'd Inct"". ... "'"mony and evidence U"""Which... appeal Is 10 be baS.d. U"""... "'<¡uest Of any />a<1y '0 "e "-eding. 'nd/vidua,s 'es- . 'ng dUring a hearing 'NIl, be --. In, Any Pa<ly 10 ... "-eding Will ""'n,,,,, an """",,""/ty 10 "'<>ss-examine any indlvidua, tesllfytng du,. a hearing uPon request. OOIlce. dafed and E!Xecufed "Is 1S1 day ot May. 2000. \ ------ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI JOhn D. BrUhn.. Chairman PUBLISH DATE: May 4, 2000 .-.--- --..---- .¡ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ~ 6D '-' REVISED ORDINANCE NO. 00-013 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.09.º5~A)(1), LANDSCAPING AND SCREENING, REMOVAL OF EXOTI~VEG"ÄTION, TO CLARIFY THE TYPE OF EXOTIC VEGETAJION THÅl'iIS1f1EQUIRED TO REMOVED DURING ALL NEW DEVE @""ENTÂ(a1'1{; . S; BY AMENDING SECTION 7.09.05(A) BY CREA G A NEVV,,9Jf.' . ,H (2) PROHIBITING THE PLANTING OF SPEÇU¡:S LlS,A,( "CATEGORY I" PLANT SPECIES IN T TES1 EDITIOffE ...... ...... ',-----,. FLORIDA EXOTIC PEST PLANT COUNCI'T INVASIVE SPSI'ES LIST."; BY AMENDING SECTION 7. . ro CLARIFY THE PROCEDURES AND PROCESS ASS,...? ... ..I[H DECLARING CERTAIN EXOTIC PEST PLANTS AS':';"INVÄ .,E/SPECIES" AND AUTHORIZING THEIR REMOVAL.· E EVÊNmøF A FILED COMPLAINT FOR PROPERTI§ ORDEDx:SUBDIVISIONS LOCATED IN THE UNINCOR~' . ..0F?1'HE COUNTY BY PROVIDING FOR CONFLlC;Jj.NG P ....lif¡Y PROVIDING FOR SEVERABILITY; PROVIDI~p FORtbITY; PROVIDING FOR FILING WITH THE DEgAR!TME, OF ST E; PROVIDING FOR AN EFFECTIVE DATE; PR.N.7IDINGt::;' R ADO. . ION AND PROVIDING FOR CODIFICATION. WHERE:Ä$rtþé'~pard Ôfi~~mt¥Commissioners of St. Lucie County, Florida, has made the following>detennination;? 1. OnA~gl..J§t1, 1990'ttié Board of County Commissioners of St. Lucie Counfy,fZlOricJa, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances 91..03 - 91-21 - 93-01 - March 14, 1991 _ November 7,1991 February 16, 1993 91-09 - 92-17 - 93-03 - May 14,1991 June 2, 1992 February 16, 1993 -------------------------------- Ordinance #00-013c Draft #3 Underline is for addition 3L~';':h.", 'fl.~vuyh is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 1 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 93-05 - 93-07 - 94-18 - 95-01 - 97-01 - 97-23 - 99-02 - 99-04 - 99-15 - 99-1 7 - 00-1 0 - 00-12 - '-' .....,; May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7, 1999 May 16, 2000 May 16, 2000 93-06 - 94-07 - 94-21 - 96-1 0 - 97-09 - 99-01 - 99-03 - 99-05 - ªª-16 - ~~~n 8 - ;jU" 00-11 - May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August1?, 1999 ly;~O, 1999 20, 1999 ber2,1999 3. On February 17, 2000, the Local Zoning Commission held a public he after publishing notice in the Port St. least 1 0 days prior to the hearifJ proposed ordinance be approved. 4. On April 18, 20000, this B proposed ordinance, aft~~i . ..... Port St. Lucie News anc;:t..1the TriQtllne "','-'-,,,' '-"-"'-"'::.-','"".'. 5. On May 16, 2000J.~hi$ Boar~!¡¡¡f1eld its~~ond public hearing on the proposed ordina,mçe¡ after/ðlishinQiiinotice of such hearing in the Port St. Lucie News and ribuQ~!¡;an May 4, 2000. .. ...,.---... 6·i[re prqJBI~~~~·Fmend~~Î)t 0 the St. Lucie County Land Developmef1)~'~~~~.are consistent with the general purpose, goals, ()ðj~9tives arid":ß{ªm s of the St. Lucie County Comprehensive Plan andlsiAthe bešt'iA tiof the health safety and public welfare of the citizensofSt. LuciéCounty, Florida. NOWrTHEREFORE,St:liFORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Ordinance #00-013c Draft #3 -------------------------------- Underline is for addition 3L~';'k." T!.~vu,,!. is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 2 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 '-' """" THE SPECIFIC AMENDMENTS TO THE ST. LUCIE LAND DEVELOPMENT CODE TO READ AS FOLLOWS, INCLUDE: ******************************** CHAPTER VII DEVELOPMENT DESIGN AND IMPn STANDARÐS 7.09.00 LANDSCAPING AND SCREENING . . 7.09.05 REMOVAL OF EXOTIC VEGETATION A. GENERAL 1:. Any developer submitting site plan;1or siteep! roval or in conjunction with a Conditional Use Permit lanned~nit Devétö t, or Planned Non-Residential Development shall bereqijired to ~.~tJ1ove. and.~emicallv treat any remaininQ stumDs. of all of the fOllo',ving e'$R1içvegeta1iRP oCGl:lrfin~øn 8ite listed as a "CateQorv I" in the latest edition of the Flo~i~FExotic ~~~t Plant .q~uncils "Most Invasive SDecies List." The Community D~~eIRpment DirØ'!~rr'Q~Y;;:~åive the reQuirement of this section for the undeveloDed'Øorti(:)r'I of a sinQ~i¡f£trni(~;reSidential site Qreater than one (1) acre. Melaletfe8 eJtlÌI~'H:tl:Jenervia: Mel8lel:Je8, pl:Jnl< or p8per tree Ccl=linu3 terebintRifblius: Bl'ftZilian pepper tree E4ªål.le:rina, allsþéeie3: InclI:Jde3 AU3tralian pine 2; No DerSO~{~~állpl~nt or cause to be Dlanted or Dermit to be Dlanted. anywhere within the area of uninco~orated St. Lucie County. any sDecies listed as a "CateQorv I" in the latest edition of the Plôrida Exotic Pest Plant Councils "Most Invasive SDecies List." B. AUCTnALlANJ?INC A~mlOn OnAZILlAN OAI< Tncc I ICIGI IT MAINTCNANCC EXOTIC PES7f PLANTS: MAINTENANCE AND REMOVAL 1. Nuisances declared and prohibited -------------------------------- Ordinance #00-013c Draft #3 Underline is for addition :sILL':']"'" 1'1'Lv,",,,,1. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Page 3 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-" ...., a. It is found and declared to be expedient and necessary to the preservation of the public health, comfort, safety and welfare of the inhabitants of St. Lucie County that all lots in recorded subdivisions of St. Lucie County, outside of municipalities, be required to be kept free from AI:Jstrali8F1 "iFle 8F1d/or Ol'8ziliaFl 081< trees any species listed as a "Cateaorv I" in the latest edition of the Florida Exotic Pest Plant Councils "Most Invasive Species List:' which, by reason of height, proximity to neighboring structures, physical condition, or other peculiar cha.racteri$ties, might cause damage to life or property within the immediate area.$urrouJilding the same. The existence of tt'ees veaetation which creª~e a haz~"i Jared to be a public nuisance. Erosion control measures orreŠeedin <> . m which the exotic veaetation was removed may be mauireâ. b. No person shall plant or cause to within recorded subdivisions of unin as "Cate 0 I" in the latest edition a Exotic Pest Plarit¡;:t3ouhcils "Most Invasive Species List." 088u8riFl8 (â~;'¡;j~~~,¡f\83 AU3tl'81i8F1 "iFle) trees 8F1d/or Orazili8F1 081< tre63 .. c. Existing individual Australian pine and/or BraziJipepper trees located within recorded subdivisions of un in porated St. Luunty shall be maintained at a height not to exceed the dist . 'tw~en the tree;and the nearest property line, minus ten (10) feet. Thß' axis . . such . ðr.;~rf.¡u3peGi~ª,~1i3ted.~ ~ M" ,", " '".... It ;-:-:'-:.;::.\:"'+_:/--", . -' '.. ····,··ö,:·,,··'.···,..···· . -'-'..... .,.."._,."./_' ___' _.,......".,/,..,..._ ...... _._ ....__-_.'__...,..,'.,_.'......,. ..Mest:rR'....s3i'v'8Sßèeiesl;:fst" isherebydeèfár~dto be a pUblic nuisance. ...... ..'....--..... .... 2. Notice to property oWru~r If the Public WorkslDlrêctor or h ... esigneefijjds and determines, based upon a complaint by an owner orteO'ê:!.'nt of pro d' ntto a lot which is the site of such a tree, that a public nuis@¢ø,ª§Çlescribede d in this section exists, he shall notify the record owner of tt:1eó i"g prope 'brig and demand that such owner cause the condition tobe remedie i~;~jrty (30) days of mailing, serving or posting of notice. Such notice maybø in subsiø.U~;tI;\~following form: NOTICE TO: Date: Address: Property: You, as the owner of record of the property above described, are hereby notified that the Board of County Commissioners of St. Lucie County, Florida, on the _ day of . +9 ~, determined that a nuisance exists upon su~h property, caused by: -------------------------------- Ordinance #00-013c Draft #3 Underline is for addition 3LL~J,.<: 'fl'Lvu~l, is for deletion Redlineis suggested amendments from BCC Review 4/18/00 Page 4 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ~ (list briefly the details) You are hereby notified that you must abate this nuisance within thirty (30) days, failing in which, the Board of County Commissioners will have it done; and the cost thereof will be levied as an assessment again$t such property. 3. The notice shall be sent by certified mail, retY~m¡¡'r~ceipt rêq~~$!.~~î'~:i!h a request to the postal service to return after five (5) days, if 4(;1~èliverable, ª",d;:SI'i1ªlti:t),~!iªçfdressed to the owner of the offending property as their nam .. ames al'1dimailin§¡~~~~ê~$,¡'ª pear .Qnthe records of the County Property Appraiser hall b~i¡dêemed sLl1fI' plete when so addressed and deposited in the U ta~~$"mail with prope repaid, unless such notice is returned by the po i<íè as undeliverable.e notice is returned, the Development Director or his d!sl'i1~~ldeliver a copy of the notice to the occupant, if any, of the property or to any k. . .. ... the owner who can be found within the county; and if still unable to delive~~ notilphysically post such notice on such land at or near the front property line thereo Right of hearing before the Board.Qfil.~1iI Any notice given under Secti~ÒÎ'.09.05(â 1Iª.Øvi$èthe property owner that within thirty (30) days after the m~iltng, serviq~ibr p ~i.~gof.~øtice, as the case may be, he may make a written request ~~¡the Boa.~~of Coun!¥'Commissioners in care of the County Administrator for a h ..~ befor~;,tllíe body toªfford him an opportunity to show that the condition does not cq ute a p nuisanqa0ôr to contest the determination of the Public Works Director or esigne r receip~¡¡òf such a request, the County Administrator shall schedul ring . +d before the Board of County Corp rs. Th ............ .... un Commissioners shall review the a eal at a ublic m in thi 3~;;_endar da s from the date the a eal is received b the Coun Ad ft6 further action shall be taken to abate any nuisance involved until¡the matte by the Board of County Commissioners. 4. Abatement by If, thirty (3 er mailing, serving or posting of notice, as the case may be, no hearing has been ;and the conditions described in the notice have not been remedied or abated, the Works Director or his designee shall authorize the condition to be remedied or a ated by the County at the expense of the property owner. If a hearing has been held and has been concluded adversely to the property owner, the Administrator or his designee shall authorize the condition to be remedied or abated by the County at the expense of the property owner, unless the Board of County Commissioners direct otherWise. The employees, servants, agents or contractors of the County are authorized to enter upon the property and take such steps as are reasonably required to effect the abatement. -------------------------------- Underline is for addition 3L...':'h.", 'fl,...vu~l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Ordinance #OO-013c Draft #3 Page 5 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' ...., 5. Assessment of cost of abatement against property owner After abatement the cost to the County, including a t\vo dollar ($2.00) two hundred dollar ($200) per lot administrative charge, shall be calculated and reported to the Board of County Commissioners. Thereupon the Board of County Commissioners, by resolution, shall assess the cost against the offending parcel. The resolution shall describe the property and show the cost of abatement actually incurred by the Cqµnty including the administrative charge. Such assessment shall be a legal, vanq a/'tô>binding obligation against the property until paid. The assessmentsl1~1I becomøâ~~/a.nd payable thirty (30) days after the mailing of a notice of assessmen!fa.tter,which inter~~t'$t:\a.I.1 accrue at the ra,te of six (6) per cent per annum on any unpaid ÞØ/'tibn there. . 6. Notice of lien . . ""-"""" As soon as possible after the assessmd $:,'¡þeen made, the Boâi€Î/bf County Commissioners shall cause a certified copY~~~ment resolution to be filed in the Office of the clerk of the Circuit Court in and f'!eGounty; and the lien shall become effective as of the date of filing such coP. the'~'øf~ôft~e Circuit Court. The Clerk shall mail a notice to the record owner or owners of ea¢l1pa.rcelof land described in the resolution at the last available address,! owner whiChrlotiçemay be in substantially the following form:'· NOTICE,· To: Address: Property: You, asth advised t Florida, di abatemen . you notice t ecord oWi:'lØ'ri<ôfthe property above described, are hereby . Board of County Commissioners of St. Lucie County, _ day of , t9 20 _, order the .in nuisance existing on the above property, sending šuch nuisance being: (hereby describe briefly) Açop¥Ofsuch notice has been heretofore sent you. You failed to abate such nuisance; whereupon, it was abated by St. Lucie County at a cost of $ . Such cost, by resolution of the Board of County Commissioners of St. Lucie County, has been levied against the above property and has become a lien thereon. You may pay such assessment to the office of the Clerk of the Circuit Court of St. Lucie County, Courthouse, Fort Pierce, Florida. If such assessment is not paid within one (1) year, suit will be instituted to enforce said lien by the sale of said lots. -------------------------------- Underline is for addition 3L~ ';'h.", 'fluvu\;l. is for deletion Redline is suggested amendments from Bee Review 4/18/00 Ordinance #00-013c Draft #3 Page 6 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-" ~l ð~' if: :j ~,~ \..,¡I Board of County Commissioners of St. Lucie County, Florida By If such assessment is not paid in full, including interest to the (1) year after it is filed in the office of the Clerk of the may be enforced by civil action as other liens action shall include court costs, attorney's of pªyrnent, within one qf:¡!St. Lucie County, it e of Florida. Such forcement. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to ordinances and County resolutions, or parts thereof, in by this ordinance to the extent of such conflict. St. Lucie County, County hereby superseded PART C. SEVERABILITY. If any portion of this ordinance is for any r~a$bn held such holding shall not affect the remªil"iing portio thereof shall be held to be inapplica.....b. .~~';tb any p n, prop affect its applicability to any other :)~¡;Šon. pro~ììt¥i or cir inoperative, or void, If this ordinance or any provision or circumstance, such holding shall not PART D. APPLICABILITYiÖF.ORDINANC . This ordinanceshø.llbeªpplicabl&tful'O\;lghqut St. Lucie County's jurisdiction. PART E. FltlNSWlia'rHE DEPARTMENT OF STATE. The C1f:~rk be and is herebyd¡rè~~â forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws. Department of State, The Capitol. Tallahassee, Florida 32304. PART F. EFFECilVE DATE. Thisordiognceshalltake effect upon filing with the Department of State. -------------------------------- Ordinance #00-013c Draft #3 Underline is for addition 3L~':'h." Tl.~vu",L is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 7 PRINT DATE: 05/09/00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ~~ '-' PART G. ADOPTION. "WI Chairman John D. Bruhn After motion and second, the vote on this ordinance was as follows: Vice Chairman Frannie Hutchinson Commissioner Paula Lewis Commissioner Cliff Barnes Commissioner Doug Coward PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the word ·ordinance· may be changed to this ordinance may be renumbered or B through H shall not be codified. PASSED AND DULY ENACTED DJM xxx Compiled Laws, and word, and the sections of however, that parts COUNTY COMMISSIONERS COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY -------------------------------- Ordinance #00-013c Draft #3 Underline is for addition 3L~';'J...ç 'I'L~uu~l, is for deletion Redline is suggested amendments from BCC Review 4/18/00 Page 8 PRINT DATE: 05/09/00 , ...., ~ '-' ....., - ITEM NO. 5-l:::, AGENDA REQUEST DATE: 05/16/00 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [X] Quasi-Jud. [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: \v SUBMITTED BY: Community Development SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X] APPROVED [ ] OTHER: County Attorney: Q~/~ y4; Originating Department: Finance: (Check for Copy only, if applicable) Director Request to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit for 8.68 acres of land located on the southwest corner of the intersection of Sneed Road and N.S.L.W.M.D. Canal No. 68, in the AG-5 (Agricultural - 1 du/5 acres) Zoning District - Draft Resolution 00-023. petition of Robert T. Ryan and Walter P. Ryan to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. (File No.: MH-OO-001) N/A None Approve Draft Resolution 00-023, to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit for 8.68 acres of land located on the southwest corner of the intersection of Sneed Road and N.S.L.W.M.D. Canal No. 68, in the AG-5 (Agricultural 1 du/5 acres) Zoning District. DENIED CE: CONC as M. Anderson ty Administrator Review and Approvals Management & Budget: Purchasing: Other: Other: '-' ..., COUNTY COMMISSION REVIEW: 05/16/00 File Number MH-00-001 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commissioners FROM: Community Development Director DATE: May 11, 2000 SUBJECT: Petition of Robert T. Ryan and Walter P. Ryan to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. LOCATION: Southwest comer of the intersection of Sneed Road and NSL WMD Canal No. 68 ZONING DISTRICT: AG-5 (Agricultural - 1 du/5 acres) FUTURE LAND USE: AG-5 (Agricultural - 5) PARCEL SIZE: 8.68 acres SURROUNDING ZONING: The AG-5 (Agricultural - 1 du/5 acres) Zoning District is located to the north, south, east, and west. SURROUNDING LAND USES: The existing uses are residential and agricultural. FIREIEMS PROTECTION: Station #11 (Shinn Road), is located approximately 10 miles to the east of the subject property. UTILITY SERVICE: Water and sewer service is provided by an on-site well and septic system. TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: Sneed Road is a county owned/maintained right-of-way 77 feet in width. SCHEDULED IMPROVEMENTS: None at this time. '-' ...., May 11,2000 Page 2 Subject: Robert T. Ryan and Walter P. Ryan File No.: MH-OO-OOI TYPE OF CONCURRENCY DOCUMENT REQUIRED: COMMENTS Certificate of Capacity The petitioners, Robert T. Ryan and Walter P. Ryan, are requesting authorization to install a new 24 foot by 42 foot mobile home meeting the definition of a Class "A" Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development Code in order to replace an existing mobile home. The applicant proposes to place the Class "A" Mobile Home on 8.68 acres of land located on the southwest comer of the intersection of Sneed Road and NSL WMD Canal No. 68, in an area of residential and agricultural uses. County staff has reviewed the application and determined the proposed mobile home complies with the objective standards of review as forth in Section 11.05.02(D) of the County Land Development Code, which allows the county to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit. Section 11.05.02(D) stipulates that mobile homes proposed to be defined as detached single-family dwelling units must be similar in texture, color, and appearance of single-family dwellings in the same zoning district in which it is to be located. Staff has reviewed the proposed mobile home and its specifications and has verified that these standards have been met. The attached plot plan and rendering provide the details of the proposed Class "A" Mobile Home. Staff recommends approval of Draft Resolution 00-023. Please contact this office if you have any questions on this matter. SUBMITIED: la 1. Shewchuk, AICP ommunity Development Director hf cc: Robert T. Ryan and Walter P. Ryan File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 ......" ...." RESOLUTION 00-023 FILE NO.: MH-OO-OO1 A RESOLUTION DEFINING A CLASS II A II MOBILE HOME AS A DETACHED SINGLE- FAMILY DWELLING UNIT IN THE AG-5 - (AGRICULTURAL - 1 DU/5 ACRES) ZONING DISTRICT IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: Robert T. RAan and Walter P. RJan presented a petition to Define a Class "A" Mobile orne as a uetache ~lngle-Family Dwelling Unit in the AG-5 (Agricultural- 1 du/5 acres) Zoning District for the property described below. On May 16, 2000, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. The Class "A" Mobile Home determination is consistent with all elements of the St. Lucie County Comprehensive Plan and has satisfied the standards of review set forth in Section 11.05.02(0) of the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. 2. 3. A. The St. Lucie County Board of County Commissioners has determined that the request of Robert T. Ryan and Walter P. Ryan to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit to be located on that property described as follows: THE NORTH V2 OF THE NORTH 112 OF THE NORTHEAST v.. OF THE SOUTHEAST v.. OF SECTION 28, TOWNSHIP 35 SOUTH, RANGE 38 EAST. LESS THE RIGHT-OF-WAY FOR SNEED ROAD AND LESS THE NORTH 37 FEET ACCORDING TO THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. (8.68 AC) (TAX I.D. NO. 2228-411-0000- 000/5). (LOCATION: SOUTHWEST CORNER OF THE INTERSECTION OF SNEED ROAD AND N.S.L.W.M.D. CANAL NO. 68) is consistent with the requirements of Section 11.05.02(0) of the St. Lucie County Land Development Code, and is hereby approved. Resolution 00-023 Page 1 File No.: MH-00-001 May 16, 2000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' ...., B. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn xxx XXX XXX XXX XXX Vice-Chairman Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 16th Day of May 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Deputy Clerk hf H\WP\RESOLUTI.N\FINISHED.2000\Ryan.MH\RyanRES. wpd Resolution 00-023 Page 2 File No.: MH-00-001 May 16, 2000 '-' ...., 'D 9.-\;It Z " C E a:s C ... " c::... a:s T"'" " ., E >, 0 C >. 0 ø.'" 0 0 a:s a: 0 ~ c:: .. I " 0 ò >. > .- .. " ... a: D- O Q cI .. 0 E ... >,'" < I.- =~ .., I- (1) c:: c:: ~ " ,,- . I ... t ±= E " ~ a:s ~ E:<: ... (1) Co o ø. ... :¡ S 0 u cI . ..0 '" "" \ Co ... 0 0 , " a: C> , ! ... ... ... ... III: ~ ~ III: Z ::> 0 ~ ü z ::> 0 Q,O¥ 3ft, ]DNfti' Ü a: ill I > I ä: ~ ... ~ ~ ...» Z = ... ¡::: :II .. ~ III a: I ¡ NOI"":» ... <t: III: Oy,," Z III: Z <t: a tC·~ ~ ~ .. ,,' w > . ... ~ ... .. '" ¡ .. '" III: III: s ~ 1 S 'ii' 1 S 9' 1 ~ '\; ~ ,UNnOJ 3380HJ33)iO A Petition of Robert T. Ryan ~d Walter P. Ryan to Define a CYtss "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural, 5 acresttmit) Zoning District. " o o II:: N.S.L. W .M.D. Conol "..-, , , \.--........ . . . . . . M H 00-001 .12 ,..........~ VI .. ;.(, . '. ;',.. .. I. Community Development t Geographic Information Systems Map prepared April 20. 2000 ~ This pattern indicates subject parcel In. map has been complied for general pIennIng ..w:t reference purpoI8I œly. N 'NhI1e f1V8IY effort has been made to provide the most CUT8I'1t and acante Information posstie, it It not Intended fof' use as . legally binding docu'nent. Zoning Roberti. Ryan and Walter P:'Ryan AG-5 '0 o o 0:: N.S.L. W.M.D. Canal ,,"-" , , \---.... . . . . . . M H 00-001 Community Development I Geographic Information Systems Map prepared April 20. 2000 ~ This pattern indicates subject parcel ThIs map has been ~ tor genera1p(emìng a"d reference purpoeea rriy. N 'NhI1e fNel"/ etkJrt has been made to provide the most current and aocurate irIform&tion possible,. if¡ not Intended tor use .. . Ieg8Ity binding doci.menl Land Use Robert'f. Ryan and Walter P ~yan ~ AG-5 "0 o o It: N.S.l.W.M.D. Canal ,.--, , , \.---.... _ ._ _ ._ ._"Þ. --. -...._ M H 00-001 Community Development \ Geographic Information Systems Map prepared April 20, 2000 ~ This pattern indicates subject parcel This map has been compiled lor oeneral planning and relerence purposes ooiy N While fN8fy etl'or1 hu been made to provide 'the rn:;IQ CUfTen( and accurate inlormation pouibIe. it is no! intended lor use as a IeQaIIy binding doc\lf\8l'lt \.or rsday, May 4, 2000 ;1010 legal MaUces I ST. LUCIE COUI'ITY: BOARD OF COUNTY ;.:,,'/;. CoMMISSIQf,lERS··}>.·'. ~f·::ru.~UCI:1EAJUNG~G~.~;¡ . ': . ".;:'. ., MaYI6,2000¡..·, ':. ..:""~~~<·~";\i·...,,I.r' .;t..::..t~ ff' ."" _ :...:.~". ,.1.-, /fl.....'" ; or TO WHOM IrMAY C~CERN: . '~ÓTlcË"~·~· I ftI', ,'<'. 't ..,.~~"'" ):;1'. ',. '~': ., ....' "..- . ..,,-t,;~:~ ,,;~.'('ó¡k""Q11U In '.WI1f¡·:ihe·:~ :oftM, Sf. 'Luchi County (;OIIpi'ehenslve ;::.-'~fhofihe . !1PP,IrNfftl. i.~;.,.,." ;~~ ,~Ct'~ ' ",;..':" . ··.·Board~·' ;: ,',....tôm- :~~;~CØl~ .:.as follows: . . ~ ~-~.~".~-:. ~.'..I": .~ '- ,,,'~. ;......>.!",. ~oPment !lChaiIiIeIn ~~ Rs.:.4fÓZõñlng ... tó~fþe\¡Ì'lIo z.~ ,OIs- ?tri'!~~'~~;~ .., própërf'r- '.' ., ~ of tMNW II" of .. Sf II" , 'of .'1\ië SEll" OfSéction 20, To~hlp 35 SouCI1Range "0 ,. EaSt, (less !Iie.west 17.SOfeet thereof and the NE II" of ihe SE 1/".of~ sell" of'sald SeC- -lion 20, less 1118 West 161.BO '. feet of thè·Nódh 269,« feet and .'1118 East ~0.00 ~jhereQL~1I ':.lyIngins,t, Wcie' tc;iììIÍY; :F1Orida. -LESS. AND EXCEPIII;¡G ,iit!Jenl· from 1118 Nonh 2B".66 feet of 1118 A NE II" of 1118 SE II" of 1118 SE 1/ ~Yi said Section 20, less 1118 ::;WeSi.161.80 feet thèrèof. LESS .:, AND· EXPECTING there from those lands described In Official Re<;oro Book 0981, Page 107", PublIc Records of St. LucleCoun- tv, Florida. ..,' . (Tax 10.1'10.2"20:':'''2; . 0001-000/1)"· . (Location: West side of SOutlt 25th Street, approximately 900 feet north of Edwards Rood.) A I~H£" .R2\~~ T. Ryan and Walter P. yan, to define a Ckiss -A- MobUe Home as (' Detached SliIgle-Famlly Dwelling Unit In 1118 AG-5 Zoning District. Section 28 Township 35 Ra1'\)e 38 " ..N 1/2 of N 1/2 of NE 1/" of · SE I/Hess Sneed Rood R/W & . . Less..N 37FT-(8.79 AQ(OR 1.19.0479?2I..,. ,. .' / . (TaxIlH!o,2228-4Ú-, . 0001~/5) ..' (\.ocatIaIi; SoutIw;m aXrwK' of 1118 '~!of\15!I88dJRoiiå and ::N.s.LW~:bml~'þa~: , .. ;.>,.. I!il/f, lq'l .. 3. . BettY ~:,!or: a ,..CondJ.: ,tIonaI Use fPeñiIIt··iM, pB.i.'.:.. ' ..- ,,;-'_~";:" tJ . ""- .w""", the . ut-UlfUIf a CIORItIIiInIty . res!- denIIat ~Ify WIthIn roo feet' of . another ,iuddadllty'ln'Jhe .R$-4 , . (ResIdentIa~ ,SlngIt-famllY., -., ,'" dolacre) ZOiIIng O/strd InSt. Lucie 'Çounty for 1118 foI........- , desalbed prapêrty: , ---"II SheratQl1 : Plaza unit 2 R~at' Lot 93(<< 270-1145) . "r;, .;;,( , (Tax 10: No. \/¡,32-805- .,:; '0093-0(0/9) (Location: 110' Essex Drivel It. Wayne Sklf1l\«,has pet~ for (. Change In Zoning, from from' AG-2.5 (Agrlcullure Residential-I unlt/2.5 aa8$1 ~ RF (R~lglous Facilities) Zòn¡ng District 11\ St. Lucie CoiintY fat Ìhe followl"IÍ desaibed property: Hattie Chamberlain SID In 28 35 39 r rads I & 2-LesS S 883."" FT - (6.80 AQ ¡OR 988-26861 (Tax 10. 1'10.,2328-'501-0001- 000/8) . (Loccition:SoutI\êastÇPme¡' of 1he Intersedlan ofOk~ Röåd . and Eleven Mile'Road) . . ,h 1! ç. t,. " C· ¡~1.J:t 'U.....l ,~ .....", ';-5." ~iv!!"(~w ulI,.,-","p'ony.. ··~fôt ¡ì:12:montlr:~;,s!Øì1{\&f' , Conditlonal.Use pri¡Y:' ,. .' !I;$eJhstorage'.fOj:ilitt'!9f, hold goods In 1118 :Ç<H " - clal" .Genera~ :¡Zonll'i¡'::DiStrict and ,a MajO!' Site Pion 'Opprovål I for the projéct krio"",~as a",Rlver~ '. " view Oil Companyfòr:I1ie' foi- lowing described prOpertY:' The east 956.06 feet,ôf the:,Soutb 200.00 of the North 220.00 feet of the Northeast V. of the Sòuth- east V. of Section 14, Township 3" South. Range 39 East, Less the East "80.00 feet thereof, said parcel being 'more 'particularly described as: . Commencing at the northeast·cor- ner of saId Northeast V. of 1118 Southeast V.ofSedlonl" ,: Township~". Soùth,,:RatÍge 39 . " East;,Thence nm.SO!IIttJIMlo'39" west alang 1118 v..section line a dlstcirÏCe of '(ào,pO~~' .Jhence . runSoutb 00"23 53 ,East a dis- tance ~., 2O.oQ ~J~·~·.poInt of beginning;, ThenCe . ,COIiflnUe SouCI1W23'~.East~ distànce of 2OO.ooJeef:~ run sOuth 89"35'W W~',a ~ of "76.07 feet; ThinœÒÏÌ!.Nonh 00~23'48" West a diitanCe· of 200.00 feet to ~. ~ iight.of~ way of:lndrio Rood'S!afeRood . 61 "); Thence TUn': North . 89"36'39- East'a~ $Óld ,right- of-way a distance of "76.06 féet . ta 1118 point ofbegIMlng.: " . Said lands lying and. being In St. Lucie County, FIortda. . Said Parcel contains 2.18 aa8S, mOre or less. ' . (Tax Id. No. 131"':¡"11- 0005-000/") (Location: South stde 'of Inclrlo Rood,awoxlmately 700 feet west of N~ Kings HI~IìWay)' .. A PUBLIC HEARING ,Will be held In 1118 County Commission Cham- bers; 3rd floor of the Roger POI- tras AdminIstration AnneX BuIld- Ing, 2300 Virginia, Avenue, Fort Pierce, Florida on May 16; 2000, beginning at 1:00 P.M. OC' as soon thereafter as possible. '. PURSUANT TO" Section. 286.0 105, Florida. Statutes; If a persOn decides to appealaR)' decision made by a board, agency, or commission with respect to any matter considered at a meeting of hearing, he will need a record of. the proceed- ings, and that, for such Purpase, he may need to ensure that. a verbatim record of the proçeed. ings is made, which recoi-d includes the testimony and eYi: dence upon which the appeal Is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ JOHN D. BRUHN, CHAIRMAN PUBLISH DM~:~ 4, 2000 5J~\ \ "';'" ~,J (~J '-' I- ................."..'... ..Ú' . . ·'··....n· .......- "^"~ No. 1581 ST. LUCIE COUN1Y BOARD OF COUN1Y COMMISSIONERS P\JBUC HEARING~ May 16. 2000 TO WHOM IT MAY CONCeRN: NOTICE Is hereby giVen In· cxx:ordance wI1h SectIon .1 i .00.03 of the 51. lucie County land DeveIopmenI. COde and In . accordance with the þrovlslons~of Ih9 51. Lucie COUnty Comprehensive Plan. .that ,the .:foIIowtng applicants have requested that the:SI.:LÚcIØ: Couòty BOard of coUnty C~~.!he'jrØquemas~ . . 1. Covenarit 'PIO¡a' DewIÒpm4Int. CorporatIon. for a Change.1n ZOnIng fI'orri the RS-4 . to ZOnIng DIsfrtcf to the P\JO ZOnIng DIsfrk:f for the following described prt)peI'fy: .' .1··'I..!~i~'...'''' '", . :..... .AJ of the tN{ 1I4:Of If:!e SE, 1/4 of the SE 1I4Qf SectIon 20. TownshIp 35Sçufh Range 4q ~.Iess the .VIØSt 17.50 feet thereof and 1hØ· NE 1/4 Of the· SE1/4 of the SE 114 . of said SectIon 2O.less'theWe$i16UO'iee! of the North 269.44 feet and Ih9East·40.00feel.tf:!ØrØof..AII·tytng In .SI.WcIe County. florida. lESS AND EXCEPJ'ING II'Iêt9fromthe Nor1h 284.66 feet of the HE. 1/4 of the SE 1I4'bt~:S(1'4of said SectIon 20. less I the West 161.80 feet ~.u:ssN:ÐEXPEC11NG there hom : Ihoselands descrfbed 1ri"Ofllclal"Rëcard Book 0981, Page I 1 074, Pwac Records of 51. LÚCIe toc.ttv, florida. . ! . , (TaxÐ. No.24~2-OOO1-OOO(1). (locaIIon: West·· side of South 25th Street, approximately 900 feel north of Edwards Road.) ;. 2. Robert T. Ryan:Cni WalMrP. ~,to define a Class "A' : . MobIle Home as a Detached SIngIe-famIIy DwellIng tWf In .... the ÞG-5 ZonIng DIsfrIct. for the following described ~. : property: ~ . " :::: Section 28 TownshIp 35 Range 38 N 112 of N 112 of NE 1/4 of SE 1I4-less Sneed Road RJW a: less N 37 FT-{8.79 AC(OR 1194-992) (Tax ID. No. 2228-411-0001-000/5) (locaIIon: Southwest corner of the Inlersecflon of Sneed· Road .,.. and N.S.LW.M.D. Conal No. 68.) L . 3. Betty Wanøn, for a CondIIIonaI Use PermIt 10 aUow the .... operation of a cornrnunIIy residential faclDly wIIhIn 100 feet "" ot another such factUfyln the. RS-4 (ResIdential, SIngIe-famfty _ - 4 dulacre) Zoning DIsIrIcf· In St. lucie Cç¡unty for the .~.. .. following described property: ':. Sheraton Plaza unit 2 ~aI laf93 (or 270-1145) ~ : (Tax /D. No. 1432-8~3-ooo(9) !". ~: (location: 110 Essex DrIve) ." . ~;4.,;~~'#Wf.,~ ... t ~·t t:. I ~,. , I~:.( -\. '.·4. wOvOe 5IdnrUas petitioned for. a þ¡onge IriZonlngtcim : ~: from AG-2.sTAgñcufIlire,. ResIdential-I UnitI2.s.'aciÈiS) ,1Ó'RF . '. (ReligIous' Factlifles) Zoning Dlshlet It) 51. lucie County for 'the ::. tollowing described pr9POOV: .. .;., \. ~. . . ,..' HOffle ChambeIIaIn SID In 28 35 39 Tracts 1 8t 2-less 5 883.44 1..:: FT - (6.80 AC) (OR 988-2686) :',,, ~:':: (Tax 10. No. 2328-501-0001-000(8) ..' :. (I.ocafion: SouIheasI comer of the Intersection of 0Iœech0bee Road and Eleven Mile Road) ~. :- : 5. RIwMew oa Company. Inc., for a 12-month extension of a ..: . CondIfIonaI Use PermIt to allow a seCf-storage fac/IIIY for ...: . household goods In the .CG (Commercial. General) ionIng ;": DIsIrIcf and a Major SIte PIon approval for the project known -<" . as a RtverYIew oa Company for the ~ ~ :~~.~ ~. '. ;~ . . . . ,. the east 956,Ó6 feet of the South 200.00 of the.Nor1h 220.00 !III, . feet of the Northeast 1/4 of the Southeast 1I~ øf SecfIon .14. =',' Towosh/p 34·SouIh, Rcqe 39 East. less the. Eàst 480.00 feet· ~. thereof,·saId parceI.beIng more parIIcuIarty described as: II' (' ~~aI the.norIheasf corner. of told ~ 1/4 of ~. the Sc;IutheCJSf 1/4 If SectIon 14. TownshIp 34 South; Rarige39' 1. EaSt: )hence Mt south 89"36'39" West. along the 1/4 secffOn ~, ... ine'a distance of 480.00 feet; 1IienCe Mt South ocr23'53~ Easf ¡ ·o·disfanCe of 20.00 feet to the point of begI1.II!1g;:thence .,: continue· South 00"23'53' East a distance of 200.00. feet; .... 1henCe Mt south 89"35'01' West a dIsfance of 476.07 feet: :; 1henCerui NorÌh 00"23'48" West a distance of 200.00 feet,lO .¡ the·South 1Ighf-af-way of IndrIo Road [Stale Road ·614); ~ . : Mt,NorIh 89"36'39" Easf along said rtghl-of-way a dlstancifof· '" 476.06 feel to the point of beginning. ~; SaId lands lying and being In St. lucie County; florida. SaId Parcel contains 2.18 acres, more or less. (Tax Id: No. 1314-411-0005-00OI4) (locaIIon: South side of IndIIo Road, approximately 700 feet west of North KIngs HIghway) .... ,. t¡Ii;: ¡.;..J 'r ~ :.10, ~. I!r, I'\JRSlWIT TO Section 286.01 OS, Florida SIafufes; If a peI$OI'I :: ~ to appeal any decision made by a board;..~, .. or cornrrissIonwl1h. respect to any maftefconsfderEld aI; a meeting or heårIng, he wftI need a record of the prodèectIngs. ::: and Ihaf, for such ptXpOSe, he may need toensurelliQr a #- - vert>atim record of· the proceedings .Isn\ade, . wfÌlchreêord ~. Includes the. testimony and evidence uponwhlc!i the ·appeal ~< Is to be based. . t· . ò . BOARD OF COUN1Y COMMISSIONERS lit: st LUCIE COUN1Y. FLORIDA : 1St JOHN D. BRUHN. CIWRMAN A PUBLIC ŒARING will· be held In the Couniv Commission Chambers, 3rd floor of the Roger PoItraS Administration Annex 8u11ding, 2300 VIrginia Avenue; Fort PIerce, florida on May 16. 2000, beginning aI 7:00 P.M. or as soon lhereaffef as )OSSible. : Publish: May 4. 2000 \'.".¡ . '- it J' ,PJ::.1p;, .." ~,... . ,@; h~ 5J~ I Cd£:) ,. '.~·~U.h· . . .',,,,_.'~.~" ,. ,~,.·h., dU. .M. ^~.~_..~., ¡¡ ¡¡ " II H II n II II n II n H ¡, II I! II !¡ II II (/J ¡¡ E II CJ 'I..... il~ !I ÇI.) I ~ = r Ê ~ L...~ II~ ~ II = .... !Ioooo ~ ¡¡ C, _ ll:a c= II c.. ~ Ii e ~ II t).() = II Q c= "CJ = ìiØ c= II. ~ II.... ~ 115 ~ 1.1 E .... I c.. .... iQCJ ,,_ .c ¡¡ CJ Q I!¡;>; ~ q ..., [~~ .. I'~~ 'I.... I¡ï: S II = = II!::! ' Ii. = ,I E = II Q == IIU ~ :J~ ~ II Q · n.... ~ II 5 ~ U E .." II.... - II J:. C H = == i c.. .. ii CJ = ¡Lg.~ '-" "'" = ~ = ~ 'O:t ~ ~ '~ ~ l u L Ii ~ " ," ~~. .! 'f~ I_I' :.-,L~~:I. ~l: _,} 1,.. ;; ...~~ ~J . ".." }...'"jaJ - ; f JI.<'·' . 'If. /. _.1 ¡_-c, '.Þ-, ::1..--1 . j .- . 0' , ¡ i ' -~,.j~.: ., .,' ~ ." I 0" f ' ",~":6~. 'r t~>~~".;_. . ~~.~þ.< ~~:f. ,., ~fJt},·~::,· _~'J:.__.\{. ~':': ~;"~~. ....- C-j", _.' . .': '<1,:: :·,i~j#F.1V . 'c:¡'~~~. 1"lfvi; ~ r-tf:.. r" . '" ':'C r,/ql..Jl. .1- . '" ¡ . ·:¡I!~~~:a·'" r ~:~.. ~f . " . }:.- ~'!. -- ".' . , '-" ...., ',: t ..-..¡~ - ~ í -,- I '", . '¡;.- ..... .",~.. " -~ f :L: ~ -:~- ...,. ,.: I. :., ,. . ./: - , , . þiJ{t . , ~. '.~~:~~- ,....... ~' .' .. '.~ . ~ .;.0;-::1, . ~~(t~ MOW /\\'~ ~~~ . V,C k~ y Ii :;./1 Y Ã~t-, {\ .:,1 " ... ,. \If' .::;; t' '. - .. 'J " ., .> -, I.~" , " :,?"., " t: ~.&. j ~... .,' '" ~r~~ .f;. '5.,- . . 1-.: '-' ...., ':.111 E'" = -.. -~ III . oS: ~ ..:1::1: 'D 1 ~!~ ~UoI~ ,', " .. . .. - r··· t, L___ ~ .... .... .... ~AGENDA REQUEST ~M NO. 5-Ç- DATE: 05/16/00 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi -Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development gQ\L- Director SUBJECT: Request for a Conditional Use Permit to operate a family residential home within 1,000 feet of another such family residential home in the RS-4 (Residential, Single-family _ 4 du/acre) Zoning District - Draft Resolution 00-012. BACKGROUND: Petition of Betty Warren, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another such family residential home in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District, for property located at 110 Essex Drive. (File No.: cu-oo- 003) FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 7 to 0 wi th two members absent (Mr. Merritt and Mr. Trias), recommended approval of the Conditional Use Permit at its April 20, 2000, meeting. RECOMMENDATION: Approve Draft Resolution 00-012 granting a Conditional Use Permit to operate a family residential home within 1,000 feet of another such family residential home in the RS-4 (Residential, Single-family, 4 du/acre) zoning District for property located at 110 Essex Drive. [X] APPROVED [ ] OTHER: Motion to Deny - Approved for reasons stated. 4-1 (Lewis - no) ~y DENIED g as M. Anderson. ty Administrator COMMISSION ACTION: CE: Review and Ap~rovals County At.torney: Management & Budget: Purchas in9: Originating Department: Other, Other, Finance, (Check for Copy only, if applicable) '-" ~ COUNTY COMMISSION REVIEW: May 16,2000 Resolution 00-012 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners Community Development Director From: Subject: May 9, 2000 Petition of Betty Warren, for a Conditional Use to allow a family residential home within 1,000 feet of another such family residential home in the RS-4 (Residential, Single-family - 4 du/acre) Zoning District. (File No.: CU-OO-003) Date: The subject property is located at 110 Essex Drive, within the RS-4 (Residential, Single-family - 4 du/acre) Zoning District. The purpose of the Conditional Use Permit is to allow a family residential home within 1,000 feet of another such family residential home. At the April 20, 2000, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0 with two members absent (Mr. Merritt and Mr. Trias), recommended approval of this petition as set forth in Draft Resolution 00-012. This proposed Conditional Use Permit meets the standards of review as set forth in Section 11.07.03 ofthe St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. We would like for the Commission to be aware that this would be the fourth home in this area. The requirement for a conditional use permit for family residential homes within 1,000 feet of each other was placed in the code to prevent a concentration of such homes. Such a concentration has the potential to impact a single-family neighborhood. Staff has identified no negative impacts associated with this petition or the concentration of family residential homes in this area. Staff recommends the approval of this petition for a Conditional Use Permit to allow a family residential home within 1,000 feet of another such family residential home in the RS-4 (Residential, Single-family - 4 du/acre) Zoning District for property located at 110 Essex Drove, as set forth in Draft Resolution 00-012. SUBMITTED: J a Shewchuk, AICP ommunity Development Director cs cc: Betty Warren File '-' ST. LUCIE COUNTY "WI CONDITIONAL USE RESPONSE FORM Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes the Following Conditional Use: To allow the operation of a community residential facility within 1000 feet of another such facility. r :~ ..... Regarding Property Located At: 110 Essex Drive Please Return To: Currently Zoned: RS-4 (Residential, Single-family - 4du/acre) St. Lucie County, Department of Community Development C· Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 , Please check only one of the three following statements and return by: Mav 10, 2000 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE v--- I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Date: .a~~\~A'~~~ ~tvE~:UeN0 q30Ç¥~ .!ill!¡ 1M Signed: ~ Q~~~ Name (Please Print): Address: Please note that any form returned without a name and address will not be considered. All: returned forms are a matter of public record and available for viewing upon request. Comments: (FILE NUMBER CU-00-003, BETTY WARREN) \ ., --~...----- .-"". '-" ST. LUCIE COUNTY 'wi CONDITIONAL USE RESPONSE FORM . ,,",,1 8 ,','.j ¡:,'Ii '-''' Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where·a written protest ... against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the propOSEtd action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes the Following Conditional Use: To allow the operation of a community residential facility within 1000 feet of another such facility. Regarding Property Located At: Currently Zoned: 110 Essex Drive RS-4 {Residential, Single-family - 4du/acre) Please Return To: St. Lucie County, Department of Community Development Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Please check only one of the three following statements and return by: Mav 10, 2000 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE ~ I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): ,- 1:, ¿, '"j¡ ~. ~~ b Cfð (/- . , .' [Y1,) Py'~- r0;/I/ ~ :,~ ~~h /()6- . ï!((J.19 p. (] -f H I / ~ ¡( c:.l J:-/ 31.9~6· Address: Date: ,j-) ~ I ,/) (1 I ( Signed: I ~ f/ ¿~ß~ Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: (FILE NUMBER CU-OO-003, BETTY WARREN) '-' ST. lUCIE COUNTY 'wi CONDITIONAL USE RESPONSE FORM Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes the Following Conditional Use: To allow the operation of a community residential facility within 1000 feet of another such facility. Regarding Properly Located At: 110 Essex Drive Currently Zoned: RS-4 (Residential, Single-family - 4du/acre) Please Return To: St. Lucie County, Department of Community Development Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 1 Please check only one of the three following statements and return by: Mav 10, 2000 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE v I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. Name (Please Print): ß\', \D~E~ ~ó,UN.s() rJ 36 i D :s u It 11) II n fJ J fotl '? \E.:KC~ 'Ç/r Address: Date: .5 - ¡ - D ¿) Signed: ~~i ~~) Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: I 1-~Æ_1 Ho/YJ€- ;í) -'~ '7 f;L)'t: P~a, Í10 Ù~J ÇY) OZ<fj II (FILE NUMBER CU-OO-003, BETTY WARREN) '-" ...., ST. LUCIE COUNTY CONDITIONAL USE RESPONSE FORM Section 11.07.01 (C) of the St. Lucie County Land Development Code provides that where a written protest against an application for a Conditional Use Permit is signed by the owners of fifty (50) percent or more of the area within five hundred (500) feet of the property affected by the proposed action, any such Conditional Use Permit shall not be approved except by the favorable vote of four-fifths (4/5) of all of the Board of County Commissioners. The Applicant Proposes the Following Conditional Use: To allow the operation of a community residential facility within 1000 feet of another such facility. Regarding Property Located At: 110 Essex Drive Currently Zoned: RS-4 (Residential, Single-family - 4du/acre) Please Return To: St. Lucie County, Department of Community Development Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Please check only one of the three following statements and return by: Mav 10. 2000 I AM IN FAVOR OF THE PROPOSED CONDITIONAL USE I AM NOT IN FAVOR OF THE PROPOSED CONDITIONAL USE I HAVE NO OPINION TO THE PROPOSED CONDITIONAL USE v--- I certify that, as of the date shown below, I am a property owner within 500 feet of the proposed Conditional Use. !Vle,trbvv--1/ }r: Address: J.. 0 [( . £' S 5 -(" x.. ~ Y. (o'r f PI 'It r'~'" ) F (c...., f'r1c..,'r,'...J1 A~J\'"{,s.s -- ~JC¡ 1-()~l\.)'Y\ðð'r ¿ÞJ: .. fI, 1M ,,-,.¡i 0/; (f", 1L¡ If- 'l~J - ;71.;1 ~ /7 S -q- () Ö Signed: ~1 ,1k-~7 Name (Please Print): Ku¡:'tAS Date: Please note that any form returned without a name and address will not be considered. All returned forms are a matter of public record and available for viewing upon request. Comments: (FILE NUMBER CU-00-003, BETTY WARREN) MAY I I 3D) COMMUNITY OEVElOpMENl . ST LUCIE COUNTY, FL . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 '-' "'" RESOLUTION 00-012 FILE NO.: CU-OO-003 A RESOLUTION FOR A CONDITIONAL USE PERMIT TO ALLOW A FAMILY RESIDENTIAL HOME FOR THE PURPOSE OF AN ADULT LIVING FACILITY WITHIN 1,000 FEET OF ANOTHER SUCH FAMILY RESIDENTIAL HOME IN THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DU/ACRE) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Betty Warren, presented a petition for a Conditional Use Permit to allow a family residential home within 1,000 feet of another such family residential home for the purpose of operating an adult living facility (ALF) in the RS-4 (Residential, Single-family - 4 du/acre) Zoning District for the property described in Part A. 2. On April 20, 2000, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in the RS-4 (Residential, Single-family - 4 du/acre) Zoning District for the property described in Part A. 3. On May 16, 2000, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. File No.: CU-OO-OO3 May 16. 2000 Resolution 00-012 Page I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 \w 'wi 5. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. The proposed project will be serviced by adequate public facilities and services. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 16, 2000. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the S1. Lucie County Land Development Code, a Conditional Use Permit for Betty Warren to allow a family residential home for the purpose of an Adult Living Facility within 1,000 feet of another such family residential home in the RS-4 (Residential, Single-family - 4 du/acre) Zoning District is granted for the property described as follows: Section 32, Township 34 South, Range 40 East, Sheraton Plaza Unit 2 Replat, Block 1, Lot 93. (Tax ID No. 1432-805-0093-000/9) (Location: 110 Essex Drive) B. This Conditional Use Permit shall expire on May 16, 2001, unless a Zoning Compliance has been obtained in accordance with Section 11.05.00(B) of the S1. Lucie County Land Development Code or an extension is granted in accordance with Section 11.02.06(8)(3) of the S1. Lucie County Land Development Code. C. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Betty Warren, including any successors in interest, shall obtain all necessary permits and construction authorizations from the appropriate Local, State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, the South Florida Water Management District, and the Department of Children & Families, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part A. D. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 16, 2000, which certificate shall File No.: CU-OO-OO3 May 16. 2000 Resolution 00-012 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 98 40 i~ '-' '...I remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. E. The St. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn XXX Vice-Chairman Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED this 16th day of May 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY cs: H:IWPIConditional Useslbetty warrenlresolution.OO.Q12.wpd File No.: CU-OO-OO3 May 16. 2000 Resolution 00-012 Page 3 f '-' ( ''wI -----------------------.-----------.----------------------------- ------------. 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'.- tJi--· t· ~ ~.~j ~~] :.~~ ~.-:.~ ~.-: ~_~' ,'",DRIve -:.0 '; (. ~..:¡-----:..:-~. 0 ~ f~ -4 w' 0' ~ '<;', -L~:'''';t:\-P, ~. ,~ ',~ 16 '''~: ~~'.:t:r.~ ~.~~ C~-~ ~~- :_"~'/(~~' ~~ ,:ìJ ::~~;¡jJU':__' ~ ,T u: ¡ c ~.; I~,::~ ~: ~J"'_.'; r,-T,R:~: '" ( ~'~:~'¡: ,~,;,"'~, i~,: ~. ~.] ~:C' Lu' L__' L__' ~.'.:/~.~> ~> _, -'-"; , Q. ..., I ,- ~ (),~ " : ., W-: ~ --; ! ," _ -\ roO ~. ...... ~ L ~ . U' Iw - 2 ;- " .-_' ,_ "\ ~ ,---I r--' ,--, r--' r-- ,---,} , ,) r--, ~ ~ t~~"'~ C_.J I . 60' I." J ..... _ -' '-] J \ __ _, l..r J '-_ _ I \... J ';.,' l J -' , J~ ~l r', ~ '--' B ~;lllr~-' ,-~:ì~:'I' .-·:Ir',,\.---~~.:., ;' ~~() " ·.1,. ,r:I-L,:lc--:lr~'I~:.2 ~ ,; " V'~'l :---'1"'" '--~L --r- T --.\ ~',\. \ -,j~'!' --{'r - "I"'l'~" s¡ CU-OÖ-003' I' ,." 7;"'-' ,.:~_~ , , 0 ~ ; . ; . , 'P, L - .' '. .' , ~ J J I. f J 80ULEVARD w :> èë a , , 'J r' " , r ., , .' - " - -' L' , -, .Ii , . " c .' ~ " " ,.-- '. , ¡ ~ , .' . . " , , r " , , . . , " " , r- I Ö ~ '. '" ~ a , " , - ~ r - 0 , '- .' w , .' - (D . " , " ; , '. ., .' , : , . -' r r ; , " - ,-- " 0 " , 60 , -' '--- ,.- " ., - .' , I L .' r , g L , " . -' " e '- .' , L -' " - '- .' . - J " 'L , ~ , .' , e '- J 2 Õ ':¡- --, ... ~. u r - -- ,.... - - , ~JJ r -, , " - ,-- . _ J I ~ - 80UL E v ARD r ·L, 1- ':1 : -- .:¡:- , '. : . ,0 '. __'j -- ¡" ~.__J i r --, 'l.J-' é '. -- . ( '-' (' "- .....I Section 3.01.03 Zoning District Us~ Regulations J. RS-4 RESIDENTIAL, SINGLE-FAMILY - 4 1 . Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided thãt - the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) b. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. Adopted August 1, 1990 107 Revised Through 09/07199 (' '-' ....,¡ ..........-.- z .. .. e C <::~ ('t') .. .. 0 Q) e .... 0 0 0.'" 0 lo- N 10- 0 ~ <:: .¡ w .. 0 N CU I > - '" ~ .. .. S Q CI U U 0 ~ . e · 0 ...... :z u ::.2 ... I · ~ ~ <:: <:: ~ " :>- · r ........ Do ........ :::> e u :: 0 Q) e:ë Do OJ 0 o 0. Do ~ U CI · å .. :z \ (. ... 0 , .. Q , e ... ... .... a: ç Z :J 0 Ü OYoøtNfS a: UJ .. > .. l . ä: t' o. ' u ... ::!' .. = ~_._._--_._._, .... .. a: I' ovow 01JHS Z <{ êS o,!-> MIYJ ~ ç Z :J o Ü QYOH 1M' ]'JHY" ... z ¡:: a: <{ ~ .. .... ~, '. " ", >- , '-- , a: 't , ~ ¡.---/ / ~o , <oJ ... '" ~ g ~",/' ~-/ ... '" a: a: ,/', //'/ \ /-' í s ~~ s S~ S 9~ ~.. "1, <¡. AlNno:) 3380H:)33>iO r (' '-" ...".¡ Zoning Betty Warren LJ ) l LJ ) Kin ISO /52 /54 261 268 269 270 Z11 272 273 Z14 275 Z16 /46 /-(7 148 /49 151 153 /55 156 157 286 285 284 283 282 281 280 Z19 278 277 /45 /44 /43 /42 /41 140 139 /38 /37 136 /35 Juanita Avenue 123 125 /26 /Z1 /28 129 130 13/ /32 133 /34 135 /36 /37 /38 139 140 /41 /42 124 4 7 6 5 4 3 2 149 148 /-(7 26 Sheraton Boulevard 25 68 95 96 97 98 õ1 45 36 69 OJ 66 > 44 35 72 71 L- OJ 24 125 126 /27 /28 129 70 0 65 43 > 34 L- 64 42 0 33 123 122 121 120 1/9 75 76 OJ 63 41 32 L- -+-' 77 ...c 40 0 31 62 - 11/ (f) OJ I/O 1/2 1/3 1/4 78 C E 61 39 30 0 0 lOB 79 > U OJ 29 109 107 106 /05 60 38 0 Essex 80 59 37 28 41 42 43 44 45 so 51 52 53 56 57 58 /97 198 199 I C & S.F.F.C.D I I I Canal C-25 cu 00-003 Community Development Geographic Information Systems Map prepared March 23. 2000 l L 1\ ~ This pattern indicates subject parcel This map has bMn compiled tor genetllill pIaming and telftfence JUposeI onty. 'NhiIe 8Y8I'Y eftof'l has been made 10 provtde the mosl CUl'Tenf and accurate information possible, it is not Intended lor use as a IeQaIly bindinQ documeot j ~ ( (" "-' "wi Land Use Betty Warren LJ ) l L-J ) Kin Drive ISO 152 154 261 268 269 270 271 272 273 274 275 276 146 147 148 149 151 153 155 156 157 286 285 284 283 282 281 280 279 278 277 145 144 143 142 141 140 139 138 137 136 135 Juanita Avenue 123 /25 126 127 /28 129 130 131 132 133 134 135 136 157 138 139 140 141 142 124 8 7 6 5 4 3 2 149 148 147 26 Sheraton Boulevard 25 68 96 97 98 61 45 36 69 ()) 66 > 44 35 72 71 \.... ()) 24 125 126 127 /28 129 70 0 65 43 > 34 \.... 64 42 0 33 123 122 12/ 120 1/9 75 76 ()) 63 41 32 \.... +-J 77 ..c 40 0 31 62 - 111 (f) ()) 110 1/2 1/3 78 C E 39 30 0 61 0 lOB 79 > U 109 /07 106 105 104 ()) 60 38 29 0 Essex 80 59 37 28 41 42 43 44 45 SO 51 52 53 54 55 56 57 58 197 /98 /99 I C & S.F.F.C.O I I I Canal C-25 cu 00-003 Community Development Geographic Information Systems Map prepared March 23, 2000 L t 1\ ,~ ~ This pattern indicates subject parcel This map has bMn compiled tor general pIaMing W'd reference XXpos8$ onty. Wh4Ie fMK'f ettort has been made to pI'()IItde It'oe most CLWranl and accurale AormaIion possible. it is noc intended lor use as a IegaIy birdog ~ i'. - ( ( Betty Warren ~ This pattern indicates subject parcel ç , Community Development ~ ~ Geographic Information Systems Map prepared March 23, 2000 CU 00-003 """ """' hu -. comp;Iod 10< -- and """"""" pIKI>08OI only. N 'NI'We f1VefY effort has been made to proyide the most current and accurate information possible. it is not intended fof use as a IegaJy binding document. ( '-' r" ...., PLANNING AND ZONING COMMISSION REVIEW: 04/20/00 Planning and Zoning Commission Planning Manager (j: April 13, 2000 TO: FROM: DATE: File Number CU-00-003 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Application of Betty Warren, for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS- 4 (Residential, Single-Family - 4 du/acre) Zoning District. SUBJECT: LOCATION: ZONING DESIGNATION: LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: SURROUNDING ZONING: SURROUNDING LAND USES: FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMP ACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: 110 Essex Drive (approximately 400 feet south of the intersection of Essex Drive and Juanita Avenue) RS-4 (Residential, Single-Family - 4 du/acre) RU (Residential Urban) 0.18 acre Family residential home located within 1,000 feet of another family residential home. RS-4 (Residential, Single - Family - 4 du/acre) to the north, south, east, and west. Residential single-family homes RU (Residential Urban) to the north, south, east, and west. Station # 4 (2850 Aviation Way) is located approximately 1.5 miles to the north. Water and sewer service is provided by Ft. Pierce Utility Authority. The existing right-of-way width for Essex Drive is 60 feet. - . None Certificate of Capacity. ( '-' (' .....I April 13, 2000 Page 2 Petition: Betty Warren File No.: CU-00-003 STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the S1. Lucie County Land Development Code. Section 3.01.03(1)(6), RS-4 (Residential, Single-Family - 4 du/acre) Zoning District, allows family residential homes that are located within 1,000 feet of another family residential home as conditional uses, subject to approval by the Board of County Commissioners. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. There are three existing licensed homes located within this neighborhood: Tax ID # Center Name Center Address Distance Map Code 1432-805-0102-000/6 Avant Group Home (Marlene Hadden) 207 Essex Drive 150 feet A 1432-805-0091-000/5 Marlene Hadden Group Home 1 204 Essex Drive 150 feet B 1432-807 -0048-000/5 Johnson's Group Home 2604 Bennett Drive 1,000 feet C These three facilities concentrate on adult care. The applicant is proposing an adult living facility, which will have a maximum of six clients and three employees. Upon applying for a license to operate the adult living facility, the applicant was apprized of the code requirement for a conditional use when a family residential home is located within 1,000 feet of another family residential home. We would like for the Planning & Zoning Commission to be aware that this would be the fourth home in this area. The requirement for a conditional use permit for family residential homes within 1,000 feet of each other was placed in the code to prevent a concentration of such homes. Such a concentration has the potential to impact a single-family neighborhood. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; ( ~ f ...., April 13, 2000 Page 3 Petition: Betty Warren File No.: CD-00-003 This conditional use is not expected to create significant additional demands on any public facilities in this area. The applicant has applied for license to operate an adult living facility in the State of Florida. Upon applying for the license and confinning the appropriate zoning, it was detennined that due to the existence of three family residential homes within 1,000 feet of the subject property, a conditional use pennit would be required. 4. Whether and the extent to which the proposed conditional µse would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. COMMENTS The applicant, Betty Warren, has applied for the requested conditional use in order to operate a licensed family residential home within 1,000 feet of another family residential home for property located at 110 Essex Drive. The subject property is located in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Family residential homes are pennitted within this zoning district. When there is an existing family residential home located within 1,000 feet of another family residential home a conditional use is required. The character of the area in which the subject property is located is primarily residential in nature. There are three existing residential day care facilities located within 1,000 feet of the proposed facility. Upon applying for a state license and confinning the appropriate zoning for the subject property, it was detennined that a conditional use is necessary when another facility is located within 1,000 feet of the subject property. We would like for the Planning & Zoning Commission to be aware that this would be the fourth home in this area. The requirement for a conditional use pennit for family residential homes within 1,000 feet of each other was placed in the code to prevent a concentration of such homes. Such a concentration has the potential to impact a single-family neighborhood. Staff has identified no negative impacts associated with this petition or the concentration of family residential homes in this area. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. No special conditions have been recommended. Please contact this office'·if you have any questions on this matter. - Attachment cs cc: Betty Warren ( { ~ AGENDA - PLANING AND zoN'ft(G COMMISSION TUESDAY, APRIL 20,1999 7:00 P.M. Petition of BETTY W ARREN,for a Conditional Use Permit to allow a family residential home within 1,000 feet of another family residential home in the RS-4 (Residential, Single-family 4 du/acre) Zoning District for the following described property: (Location: 110 Essex Drive) THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on April 7, 2000. Legal notice was published in the Port St. Lucie News and the Tribune newspapers of general circulation in St. Lucie County, on April 7, 2000. FILE NO. CU-OO-003 -i ...,...\1... ~1('f"') ("f'\ -¡- - ,?,' '?'? 010 0 V')iV') an 0\'0\ 0\ ;;';;;;';1;;'; ...' ...I :\ M (",\:M - -1- M MiM o òiò'j V) '011111 ~ ~i~1 ~M:~4 rr:z .I I ~ ¡ '''' E ~ - '" » ,00 = qS ,- ,~ E '100 '0 I'E , IIIIIII c,¡ ;:a 0. ~ 100 t).O o ~ 'c.:ï I - = ~ E .0. '0 ;-¡¡ ';> ,~ '~ » - '2 = E E o U ..... o - = ~ E - 100 os 0. ~ ~ 1 , T-~I . 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COMMISSIQ~ERS~"ì>., '~'. ~f ,!~~UC I1EARING;t.q~~·,. ., : ~:'4.;P·\"/'!oaY 16. ~14fb':'~:~' ...~. :~~~~. ¡oJ.. ...." ,.". TO wHOM rriMY (:~CERN: '~~~,~ -~:he_S~;i#:'~ ;..'~~ãñd In , Witft':ihe-~sIons fi tile St. . lucle Coùnly COIIprehenslve ..,p....ft ,fhc¡tÍhe h!I\oo,tÏJng ~r~ . "~,... ùeSted~~~':a'~ ' ~:l,.'~~,¡;;¡l~~':;"'·'tôm- . '~~"'i~~~~" ~~~...., ".,rèquèsI , . DeVe!opinent ..' , . ',0 0Ìan¡¡e In . ~ ~'R5-4tO·ZoñJng ., t6.thê1p'uD ¡ontllll, ,D1s- ~. !rid, foè the .~low1ng 'de$ì:ribed " prOpër1yi" ..', ;'¡I of theNw I/It ~~ SE I/It , 'of..1M SE1/It öfSèdion 20. To~hlp 35 South 'Range ItO ..t:oS/,iless the.west 17.50 feet thereof and the NE 1/ It of ¡he SE I/It.offh.eSE1/It of ' sold Sec- " -tion 20, less the West 161.80 '. feet of thèNådh 269.« feet and ·the Eost ~O.OO ~jh8Í'ec:il: All ;lyIngln$,t.wde~ 'fk,irl9a- 'LESS, AND EXCEPIING;:,1\1er8 ffom the North 281t.66 f1iet' of the A NE I/It of the SE I/It 01 the SE 1/~:of sold Section 20, less the :.~.weSt. 161.80 feet thereof. LESS ,:AND·EXPECTING there from those lands desaibed In OffIciol Reçocd Book 0981, poge 1071t, Public· Records 01 SI. LudeCoun- !y, Florida. .',.' (Tax 10. No.2lt20~lt2; 0001-000/1).· . (location: W est ~1de of SOuth 25th Street, approximately 900 feet north of Edwards Road.) "'" A I~Hé:,. ?~~ T. Ryan and Walter P. Ryan, to' define 0 CIàss "A· MobIle Home as 0' Detached Single-Family Dwelling Unit In the AG-5 Zoning District. Section 28 TownshIp 35 Range 38 " .' N 1/2 01 N 1/2fi NE1/It fi SE I/<C-less Sneed Rood RjW & · Less, ,N 37 FT-(8.79' Aq(OR 1.19":~,,;. ,. " . (Tax II). No. 2228..f 1·1- 0001~/5) ." (locatioli; SoutIw;st comer, fi the · Intersedla\1.1Q!~,$!I88d ,p..;;;l.and ·N.s.tW.M.9.:'6ìnàI~)· , · .. , .' ¡,i'r~ h\"1; 3.ø.ttY ~:Jor:aCond\o . ..,=~~~':' . denllallad\l!y within roo feet' of ' another ,íudtfadllly' In :thitRs.4 ,(RestdentIa~ SlnglHamnY' - 4 do/aael ZOiIIng 0IstrId InSl , lude -County for the fallowing desalbed propérty: , ,. Sheraton. Plaza unit 2 R~' lot 93 (or 270-1145) . ":,' ..,.... , (Tax. 10. No. 1432-805- ,.; ·0093-000/9) (LocatIon: 11 0 . Essex DrIve) It. Wayne Škl"f!e<, has petitioned for 0.. Change In Zoning, from from AG-2.5 (Agrlcullure Resldentlal-! unlt/2.5 aaes) ~ RF (R~nglous facilities) ZOning District In SI. Lude CaüntY fa¡ Ìhe follawlng descrtbed property: Hattie Chamberlain S/D In 28 35 39 rrads 1 & 2-lesS S 883 <4-4 FT - (6.80 Aq (OR 988-2686i (T ox 10. No. 2328-'50 1-000 1- 000/8) . (l~on: Southèast~ofthe Intersection of'Olc~ RôCKt ' and Eleven MiI&' Road) . . ^ \' ç L '\ e7'':;' f'\.J t. ~.I,.~ ...., ',-5.'.RivervieW OiLLotnp,a!))"U '~fOé' ·o':iI2:.nonth'::;;-Xt:!ošiø· ' " Conditionol ,usè· peñ¡;¡Î^''ë; "o;$elhstoroge' fi1?titj'fól: hold" ~oods In' ~~cq':ìc;¡¡,¡~~ dol, . GeneraQ ~ ¡ZonlN '.: :DistriCt ond ,0 Moi~ SUe Plan 'oppiovál for the project kriown~as a··,R¡v(~ .. ,. I view Oil Company :fòr' tIÎe" foi" lowing described propertY, \ The east 956.06 leetôf the:,Soutb 200.00 of the North ,220.00 feet of the Northeast V. 01 the' Sòuth- east '/. 01 Sedlon 1 It, Township 34 South, Range 39 East, Less the Eost It80.00 feet !hereaf, soid porcel being more porticularly described as: . Commendng at the northeast·cor· ner of sold Northeast V. of the Southeast V.ofSeétlon 1 It Township~It Soùth.,:~añge 39' East;,Thence nHI;$O!II\I, ~~36'39" West along the v..sed\an line a distOßCe fi 480.OÒ:ie.,ií' ,'fhenc;e . IUnSouth QO"23'53"¡&ast a dls- tonce,fi20.oQ ~~!ò' the' paint 01 beglnrilna:.,:Thènte .c:ò.\t¡nue SouthOÒ~23"'~'.~p distànce fi 2OO.00.~~.ruiI sóuth 8~35'W West"adiíiOnè:e fi It76.07feet¡ TlMinœiùQ '. Nanh OO'!23'J¡8" West a distanCe· of 200.00 feet to ~.~rlght4; wqy onndrlo Roa~qS!afe Rood 61 It); Thence Tun" North . 89"36'39" East·along sókÌrlght- oI-wqy 0 distanal fi It76.Ò6 f1iet . ta the paint filMglnnlng. : ' " Said lands lying and, being In St. Lude County, florida. Said Parcel contains 2.18 'aa8S, l!IÔI'8or less. . . (Tox Id. No. 1311t~11- 0005-000/4) . (Location: South side 'of Indrio Rood, appfoxlmotely 700leet west of N~ KIngs HigHWay)' .. A PUBLIC HEARINGwftl beheld In the County ConÌmlsslon Cham- bers. 3rd floor of the Roger PoI- Iras AdminIstration AnneX Build- Ing, 2300 Virginia Avenue, fort Pierce, Florida on May 16. 2000, beginning at 7:00 P.M. or as soon thereafter as possible. '. PURSUANT' TO·' Section 2B6.0 1 05, Florida, Statutes; If a person decides to' appeal any decision mode by 0 board, agency, or commission with respect to ony matter considered ot 0 meeting of hearIng, he will need 0 record of the pc'oceed- Ings, ond thot, for such purpose, he may need to ensure' tho!. a verbatim record of the pc'oçeed. ings is mode, which record Includes the testimony and evi- dence upon which the oppeal Is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ JOHN D. BRUHN, CHAIRMAN PUBLISH Dt¡T~:~ 4, 2000 </ ' ' ~ ~\ i t'·'. ~', ",.;, \.~:': ~ '-' . ..."_,,."'.,..-......lV'..~.Jo... ." . ..... ''''''.l'A~' II No. 1581 Sf. LUCIE COUNIY BOARD Of COUNIYC()MMISSIOIiŒRS PUBUC HEARING ÞßENDI' May 16; 2OÌ)O TO WHOM IT MAY CQNC£RN: NOTICE Is hereby given In· aooorclanCe with. section 1 i .00.03 of the St. Lucie County Laod ~Code and In . accordance wllh the þCOYIsIonS.~of thØ St. . Lucie County Comprehensive Plan! 1hat,fht:follcM,lnO applicants have requested that theSt.·xLt.l!:le: County BOard of County Commlssloner$ çoNIdèr ~...rØquøsIs as foa!7Ns: 1. eovenaítt~, oe..alàpm4M1t· CoIporafIon. for a Change.1n zoning froIri. the·· ~ . to zoning DisIIIct to Ihe PUD zoning ~ for the following é:IesaI>ed ~ . 'f"-I,"~:~~' ::;"11 . .. .' . ,',0' . .AI\ of the KW 1/4'oflh.e $E. 1/4 of the $E 1/4q( SectIon 20, TownshIp.35 .$c)uft1 Ra1ge. 4Q.~.18ss the WØst17.50 feef thereof and 1hØ' NE 1/4 Of the· $E·1/.( of the $E 1/.( . of said section 2O.IesS'thewest 161.:80'fêet of the Norl" 269.44 feef and IheEast ·40.00feet.fI:IØrØot.AI'~ In 51. \.UCIe County. florida. lESS AND EXCEP11t:(G itt$refrom1he North 284.66 feet of Ihe NE 1/4 of the $E 1/4"óf1hè'se'J/4of said Sectton 20, Jess the west 161.80 feet thërØOf;.Ws·NI)EXPECIING there fiom Ihoselands descIIbed lÌ'i'OmCìaI"Rëc:ocd Book 0981. !'age 1074. PubUc Records of 51. Luè:letolrit, FlorIda. (TaxD. No.242Q.442-OOO1-ooo11). (location: west &Ide of South 25th Street, approJdmately 900 feel north of Edwards Road.) ;: 2. Robert T. RyanOnd waltêrP. ~.to define a Class "K : . Mobile Home as a Detached SIngIe-famIIV DwellIng UnIt In _.... the ÞG-5 ZonIng DIsIrlct. for the following desCrIbed ~. : property: ::j: section 28 TownshIP35~nge 38 N 112 of N 112 of NE 1/4 of SE . 1/4-Less sneed Road RJW a: less N 37 FT-(8.79 AC(OR 1194-992)(Tax ID. No. 2228-411-0001-00015) (location: Southwest corner of the IntØlSeCllon of Sneed Road and N.S.LW.M.D. Canal No. 68.) ".. . 3. Betty Wanen. for a CondIIIonOI USe PermIt 10 aUow the ': operation of a COIM'U\Itv residential faclØly within 100 feel .." of another such tac\lltyln the. RS-4 (ResidenIkJl, SIngle-family .~ . _ 4 dU/acre) Zoning DIsIrlct In 51. lucie C9unty for the following desCrIbed property: . - :~ : Sheraton Plaza unit 2 ~ Lot 93 (or 270-1145) !' . (Tax 10. No. 1432-8~3-OOO19) ~. ~: (tocatlon: 110 EssexOrfve) ." - "...,.··~·frt· 1 . r.>;'.~. ¡"'I~ .,-: .,4. Wayne ~ petitioned for. a ~hange If\ ,Zon!ng!rgm ~. ~~ from AG-2.517ígriculture.. Resldentiat-1 unI1I2.5acres) itoRS' :.: (ReIigIouS.Facltíties) Zoning DIstrict In St. lucie County for !he . .. foC\oWlng described pr?PØ£IV: . ~ . ;:; HèJtIIe Chambeflaln SID In 28 35 39 Tracts 1 &. 2-less S 883.44 ~...: FT - (6.80 AC) (OR 988-2686) ;¡"tf., ':-: (Tax 10. No. 2328-501-OOO1.QOO/8) .' :: (loCaI1on: SouIheOSf corner of the Intooection of Okeechobee Road and Beven Mile Road) -: . 5. IÍIYeIvIeW 01 Cor/1)anV. Inc.. for a 12-month extension of a ::- : CondIIIonOI USe PennIf 10 allow a seIf-storage facUitY for ...: . hausehaId goods In the .CG (Commercial. General) ZonIng ;..: DIstrlct and a Major SIte Plan approval for. the project known .." . . as a RJverv\eW 01 Company tor the folloWIng de~ :~> property:. . .. .. ¡~ . . . . ;,;. the east9s6.Ó6 feet of the South 200.00 of the North 220.00 "" . feet of the NorIheOSt 1/4 of the SOUtheast 1/~øf SectIon ,.(, ~,. ~ 34. South. Rcroge 39 East. less the East 480.00 feet· ..... thereof. scid parcel being more parfIcuIar\y desCribed as: !lit . ,;f Z ~at the.northeOSf comer. of said ~ 1/4 Qf il \he SOUtheast 1/4 If SectIon 14, TownshIp 34 South; Range 39 . ~~ . EaSt: 'thence run south 89"36'39" West. along the 1/4 section r . iIne'c:i dIstanCe of .(80.00 feet; TIience run South 00"23'53" East f: '0 'dIstanCe Of 20.00 feet 10 the point of begInnIng;.:Thenc8 ~... contInUe South 00"23'53" East a distance of 200.00. feet: .... 1henCe run south ·89"35'01" West a distance 01 476.07 feet; ::: 1henCèMi North 00"23'48" West a distance of 200.00 feet. to .. \he·South dghI~-wav of IndIto Road (State Road 614); 1her\CØ . :; run North 89"36'39" East along said rtghl-of·way a dlstancè· of . .; 476.06 feet 10 the point of beginning. 4: SaId lands Iy.Ing and beInQ In St. lucie County; florida. SaId FarceI contolnS 2.18 acres, more or less. (Tax let No. 1314-411-0005-00OI4) (lacaIIon: SOUth side of Indrio Road. approximately 700 feel west of North lOngs HIghway) .... A PUIIUC tEARING will· be held In the eouniy Commission ChanberS. 3rd floor of the Roger PoItras Administration ÞMex BuIlding, 2300 VIrgInIa Avenue; Fort PIerce. Florida on May 16. 2000. beglMlng at 7:00 P.M. or as soon thereafter as pQSSible. .... ".J r t :10" ~. ~, I'tIRSlIANT TO section 286.0105. Florida Statutes; If a person :: ~ 10 appeal any decision made by a board, agency, _. or corÝ1/TissIonwlth. respecl 10 any motterconskler~ at. a meeting ·or heOrtng, he will need a record of the proceedIngS. ::: and thai, tor such. purpose. he may need 10 enSure ttiat . a ;.-' . verbatim record of the proceedIngS Is made. wtllchreêòrd ;:: Includes the testimony and evidence upon whtcti !he appeal .,,~'. Is to be bOSèd. . ~. ~: : 80ARD OF COUNTY COMMISSIONERS itj" st LUCIE COUNTY. flORIDA : /SI JOHN D. BRUHN. CfWRMAN : Publish: May 4, 2000 .. ,~' I R ( 5J~ ¡c¡.() ······f·! r" ~i J' ,@ t,,,<";:' 1 p; h~ L.",~' ... ~ '" AGENDA REOUEST ~EM No.5-G; DATE: 05/16/00 CONSENT REGULAR [ PUBLIC HEARING [ X ] Leg. [] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~\L SUBMITTED BY: Community Development SUBJECT: Request for Rezoning of Property located on the southeast corner of the intersection of Orange Avenue and Eleven Mile Road from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District - Draft Resolution 00-024 BACKGROUND: Petition of Wayne Skinner, for a Change in Zoning from the AG-2.5 (Agricultural 1 du/2.5 acres) zoning District to the RF (Religious Facilities) Zoning District. The stated purpose of the rezoning is to allow the subj ect property to be developed for the establishment of a church. (File No.: RZ-OO-004) FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 7 to 0, wi th two members (Mr. Merritt and Mr. Trias) absent, recommended approval of the rezoning at its April 20, 2000, meeting. RECOMMENDATION: Approve Draft Resolution 00-024 changing the zoning from the AG-2.5 (Agricultural 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District for property located on the southeast corner of the intersection of Orange Avenue and Eleven Mile Road. [ X ] [ ] APPROVED OTHER: DENIED s M. Anderson y Administrator COMMISSION ACTION: CE: County Attorney: ~1¿ ly Review and Approvals Management & Budget: purchasing: originating Department: Other, Other, Finance, (Check for Copy only, if applicablel '-' ...., COUNTY COMMISSION REVIEW: May 16,2000 Resolution 00-024 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: May 10, 2000 Subject: Petition of Wayne Skinner, for a Change in Zoning from the AG-2.5 (Agricultural _ 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District. (File No.: RZ-OO-0(4) The proposed rezoning of property located on the southeast corner of the intersection of Orange Avenue and Eleven Mile Road from the AG-2.5 (Agricultural- 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District is to allow for the establishment of a church. At the April 20, 2000, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, with two members (Mr. Merritt and Mr. Trias) absent, recommended approval of this petition. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution 00-024, which, if approved, would grant this request for a change in zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District. Staff recommends the approval of this petition as set forth in Draft Resolution 00-024. SUBMITTED: lia 1. Shewchuk, AICP Community Development Director hf cc: Wayne Skinner File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 '-' """'" RESOLUTION 00-003 FILE NO.: RZ-99-025 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-2.5 (AGRICULTURAL - 1 DU/2.5 ACRES) ZONING DISTRICT TO THE RF (RELIGIOUS FACILITIES) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Wayne Skinner.. presented a petition for a Change in Zoning from the AG- 2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District for the property described below. 2. On April 20, 2000, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District for the property described below. 3. On May 16, 2000, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: File No.: RZ-00-004 May 16, 2000 Resolution 00-024 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 '-' "wi HATTIE CHAMBERLAIN SID IN SECTION 28, TOWNSHIP 35 SOUTH, RANGE 39 EAST, TRACTS 1 & 2-LESS THE SOUTH 883.44 FEET - (6.80 AC) (Tax ID No.: 2328-501-0001-000/8) (Location: Southeast corner of the intersection of Orange Avenue and Eleven Mile Road) owned by Wayne Skinner, is hereby changed from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District. S. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn xxx XXX XXX XXX XXX Vice-Chairman Frannie Hutchinson Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 16th Day of May 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WP\RESOLUTI.N\FIN ISHED.OO\Skinner.RZ\SkinnerRES.wpd File No.: RZ-00-004 May 16, 2000 Resolution 00-024 Page 2 A petition of Wayne Skir\.Ìr for a Change in Zoning ~m AG-2.5 (Agricultural, Residential-1 uniV2.5 acres) to RF (Religious Facilities). J 4 ..--- ..- ~ This pattern indicates subject parcel Community Development Geographic Information Systems Map revised March 24, 2000 RZ 00-003 ThiI rNP ,... beWI ~ IDf glMQllpIrri'1g " ,.....,. purpoMI Oft/It. '^'*- .,.,-y .øort _ been n-» 10 protide .,.. moll o.nw'II WId a::a.-.. N i"IIonMIIOn poubIrI.r. noc~ IDflAe _. ~ Þi"dng docu'nenI. '- ." 1....,- Z " "- ... E Q) <:~ C ('t') .. " 0 E '" 0 C 0 ",tI1 0 '" ~ 0 ~ <: .. w .. 0 '" I >- i Cf) .. ... .c U C II ~ 0 E · . 0 "'... :w u Q) ... 0 ... Ï ëë ~ \ C " ,,- · r ~ N E u ~ . ~ CÖ a: c. E:ë: ... o '" ... S 0 U II · .; ... :w \ C. .. 0 '\ .. (;) II: f ... ... '" ... II: '" ç Z :J 0 ç U - , '\, Z "- :J '\, 0 ~~~__~_m~___ QVOW -jt,--i;NWW-- U a: ~ .. ~ : III ã: I f ... .. ... .. Z 4 ... .. ;;' ~ '" I' .. II: '" « z ~ II: ~ « 0 oZ,) ~ , , '.., " , " , " , , ~ ... .. ~ ... .... I!í .. II: .... II: . c? S 9' 1 , S to' 1 S !i' 1 A.l.NnOJ 3380HJ33>10 c¡.. Zoning 'w Wayne Skinner -..I AG 2.5 ROOÒ 'oee c'0° OV-ee ~ ~ J I I I I I I I I I I I I I I I I I I I I I I I s 4 RZ 00-003 Community Development ¡ Geographic Information Systems Map revised March 24, 2000 1>00 ..... ... -. - "'-- "'" -.nee ....-.,.,. N 'WNiI ~ eftort hili ~ mede m prorw4de ... moat a.nenC and .xu''' ri:ItmIdon ~.' it: net W1Irded lor UN . . IegaIy' bh:ting docunenI. ~ This pattern indicates subject parcel Land Use ~ Wayne Skinner '-' AG I I ~ooò I I I I I I 'oee I I I c'0° I I I OV.ee I I I I I I I I I I I I I I I I I I I I I I J I ~ I I I I I I I I I I I I ..-- ..-- ~ This pattern indicates subject parcel Community Development t Geographic Information Systems Map revised March 24. 2000 'I'M rTWrØ hell bMn QOI'1'9iIed Iof genttalpWring rd twfwwce ~ 0t'Iy. N While .,ery efb't has been .,... 10 pt~ ..... most CU'ferC and aoc:urat.e ri::IrTMdon pouibIII, ÌI" noc""""" tor UM _ . IegaIy bindng doQ.Iment. RZ 00-003 TO: FROM: DATE: SUBJECT: LOCATION: EXISTING ZONING: PROPOSED ZONING: FUTURE LAND USE: PARCEL SIZE: PROPOSED USE: PERMITTED USES: '-' ( ,.." PLANNING AND ZONING COMMISSION REVIEW: 04/20/00 File Number RZ-00-004 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager ~ April 14, 2000 Application of Wayne Skinner, for a Change in Zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District. Southeast comer of the intersection of Okeechobee Road and Eleven Mile Road AG-2.5 (Agricultural - 1 dul2.5 acres) RF (Religious Facilities) AG-2.5 (Agricultural - 2.5) 6.80 acres Church Facility Attachment "A" - Section 3.01.03(Y) RF (Religious Facilities) - contains the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district SURROUNDING ZONING: AG-2.5 (Agricultural - 1 du/2.5 acres) to the north, south, east, and west. ~ ~ April 14, 2000 Page 2 Petition: Wayne Skinner File No.: RZ-00-004 SURROUNDING LAND USES: The general existing use surrounding the property is residential to the south. A grove service business is located to the west, and a residential driveway is located to the east. The Future Land Use Classification of the immediate surrounding area is AG-2.5, which permits a density of 1 dwelling unit per 2.5 acres. FIRE/EMS PROTECTION: Station #11 (Shinn Road), is located approximately 3.5 miles to the west. UTILITY SERVICE: The subject property will be served by an on-site well and septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for Eleven Mile Road is 45 feet and Okeechobee Road is 200 feet. Right-of-way dedication shall be required for part of any future development and the use of the property. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQillRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code. '-' (" April 14, 2000 Page 3 Petition: Wayne Skinner File No.: RZ-00-004 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The AG-2.5 Land Use allows the RF Zoning District. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing and proposed land uses in the area. The general use of the immediate surrounding area of the subject property is residential to the south. A grove service business is located to the west, and a residential driveway is located to the east. Churches may be compatible with residential uses. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Prior to thè approval of any proposed development, the applicant will need to provide documentation verifying that sufficient facilities are in place to support the development. 6. Whether- and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and \..., c, April 14,2000 Page 4 Petition: Wayne Skinner File No.: RZ-00-004 local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The surrounding parcels of property are designated for residential uses. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Wayne Skinner, has requested this change in zoning from the AG-2.5 (Agricultural - 1 du/2.5 acres) Zoning District to the RF (Religious Facilities) Zoning District in order to sell the property to a religious organization for use as a church facility. Attached is a copy of Section 3.01.03(Y) - RF (Religious Facilities), of the S1. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in the Religious Facilities Zoning District. If the change in zoning request is approved, the applicant, by right, would be allowed to establish any ofthe uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the pennitted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in the S1. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. April 14, 2000 Page 5 Attachment hf cc: Wayne Skinner File ~. (. "wi. Petition: Wayne Skinner File No.: RZ-00-004 ("" <.., Section 3.01.03 Zoning District Use Regulations Y. RF RELIGIOUS FACILITIES 1. Purpose The purpose of this District is to provide and protect an environment suitable for the establishment and operation of churches, synagogues, temples, and similar uses. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). 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. P~rmitted Uses a. Churches, synagogues, temples, and similar uses. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking 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. Day care facilities, associated and operated by the principal religious use located on that property. This would include the operation of a day care facility during the normal business week, as licensed by the State of Florida, as well as during any religious function or associated activity. (999) b. Educational services, associated with and operated by the principal religious use located on that property. This would include the operation of an educational facility providing general academic and/or special training from grades K to 12, and as licensed by the State of Florida. (999) c. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Parking lots & parking areas, together with related circulation elements. b. Enclosed storage structures. c. Playgrounds and athletic fields (no artificial lights) provided that no activity area shall be permitted within twenty-five (25) feet of the perimeter of the property. d. Private water and sewage utility services provided that they are for the sole use of the particular private development, are not intended to be a sub-regional system, and do not involve industrial wastewater as defined. Adopted August 1, 1990 134 Revised Through 09/07/99 L c Section 3.01.03 Zoning District Use Regulations e. Single family dwelling (detached or as part of the principal structure). (1) Private swimming pool accessory to the single family dwelling provided that the swimming pools shall be walled or fenced to prevent uncontrolled access to such swimming pool from the street or from adjacent properties. (2) Non-commercial garages accessory to the single family dwelling. Adopted August 1, 1990 135 Revised Through 09/07/99 L ,. ....,¡ Section 3.01.03 Zoning District Us~ Regulations B. AG-2.5 AGRICULTURAL - 2.5 1. Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural.surroundings. Residential densities are restricted to a maximum of one dwelling unit per two and one half (2.5) gross acres. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Agricultural production - crops (01) b. Agricultural production - livestock & animal specialties (02) c. Agricultural services (07) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting & trapping (09) g. Forestry (08) h. Kennels. (0752) i. Research Facilities, Noncommercial (8733)' j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking 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. Agricultural labor housing. (999) b. Aircraft storage and equiplDent maintenance. (4581) c. Airports and flying, landing, and takeoff fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) Adopted August 1, 1990 96 Revised Through 09i07/99 ~ r ...., Section 3.01.03 Zoning District Use Regulations f. Gasoline service stations. (5541) g. Industrial wastewater disposal. (999) h. Manufacturing: (1 ) Agricultural chemicals (287) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (24) i. Mining and quarrying· of nonmetalic minerals, except fuels. (14) j. Radio, television, and microwave communication stations and towers. (999) k. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel & accessory stores. (56) I. Sewage disposal subject to the requirements of Section 7.10.13. (999) m. Camps - sporting and recreational. (7032) n. Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.1 <!.19 of this Code. 8. Accessory Uses: Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest hoµse subject to the requirements of Section 7.10.04. (999) Adopted August 1. 1990 97 Revised Through 09/07/99 ,--' ~ AGENDA - PLANING AND ZO~G COMMISSION TUESDAY, APRIL 20, 1999 7:00 P.M. Petition of WAYNE SKINNER, for a Change in Zoningfrom the AG-2.5 (Agricultural] du12.5 acres) to the RF (Religious Facilities) Zoning District for the following described property: (Location: Southeast corner of the intersection ofOkeechobee Road and Eleven Mile Road) THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on April 7, 2000. Legal notice was published in the Port St. Lucie News and the Tribune newspapers of general circulation in St. Lucie County, on April 7, 2000. FILE NO.""RZ-OO-004 . 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C::OMMISSlq~ER~.: <. .. .:r':fÙ~UC ~EARING;4.C;~D~<. . :;';.j::.~¡~:\j\MaY 16, 2m~~~';)j,,:~ ..~.,t\Jo:'''' "t,.. .. ... .. TO wHoM IT MAY Ç~CERN: . N9Jlg.~ý' gl (da~ ,_". :~~~~~. ~ I ,- ·~Ibè'. prcmsIons 01 the. St. 'luchi coùnfy ~prehenslve . ,··.plan.tbatthe ~ ~ " ",,", . . ·'.".fiC;.::..J;¡.:-:::r~:$I.~1.ué:Ie . t~~~èf.t~ ~:~:b . ~I R5-"4tO Zoning . .. 16~ihe\¡j!UDZ;onIng pis- -~ frld.foÍ' ·1118· Jol1owlng ~deSèribed 'própØrlyi., ..... , ;ÂJI of theNw 1/.4.¡;fitie .SE 1/.4 , 'ofltiëSE1/.4 OfSec:lion. 20, Townthlp 35 South 'Range .40 . '. faSt ¡less the West 17.5Q feet ther~f and the HE 1/.4 of the SE 1/.4oftl)e SEI/.4 of saId Sec- ,II 20 less the West 161.80 .~of thèNódh2~~~# ~~: . the East .40.0() '~"""":F~ . lying ~St.b¡cle G:ìIiiIt(.....'- ¡lESS. AND EXCEIJ'ING,¡,.!,..." ffom the Nortti 28.4.66 feet of the A NE 1/.4 of the SE 1/.4 of the SE 1 ¡ .4·of said Sedion 20, less the ;.~.wèst. 161.80 feet thereof. LESS >AND'EXPECTING there from . . those lands desalbed In Official Reca«! Book 0981, Page 107.4, Publi¿ Records of SI. Lucie Coun- ty Florida. ..... (T~x ID, No.20420~.42- .' 0001-000/1).' (locatiÖl\: West side of SOuth 25th Street, apProxlniately 900 feel north of Edwards Road.) A ~) "'. \ ç' rli.....,,-. 2. Robert T. Ryan and Walter P. ·RYàn;· to delinea Clciss "A" MobIle Home as a Detached Single-Family Dwelling Unit In the AG-5 Zoning DlsfrId. Section 28 Township 35 Range 38 '. .1'11/2 ofN 1/201 NE 1/.4 of . SE 1¡"-less Sneed Rood I/W & less. N 37 FT -(8.79 Aq(QR :. . 1!9.f9?2J..,. ...' .. (Tax II). f'!o. 2228-.411- . 0001-000/5) . . (\.oaÍIkiii: South~ corner· 01 the :. ·Intened. . iÔ!ltol.·..:,,$!\8. !I8ed.:R.~,o..nd ·N.5LW.M.t>:'ðmà, ~''68~ ... . ... ,~ í:W~~JØ ; 3. . 8ettY ~Jor. 0.. Condio . . .1I~t IJ.se~PIrrit)ot~ the '. .'opératIO¡, 01 0 ~ resl- dential facility wIthI~ roo feet 01 . another·iuch fadllty'In;1f1e RS-'C (Residentfo~ Slngfë..famlJy' - " , do/aae) ZOnIng DistrIct inS!. . Lucie -County for the following desaibed propérty: . . . Sheraton. Plaza unit 2 R~at. lot 93 (or 270-11.45) . "'," ~ : (TaxID.'No. 1.432-805- ,., ·0093-'000/9) (locallon: 11 0 . Essex Drive) 04. Wayne Skin,\«, has petitioned for (. Change In Zoning from from' AG-2.5 (Agrlcullure, Residential-I unlt/2.5 aa~) 10 RF (R~lglous Faclnties) Zòn¡ng District In St. Luclè Coú'ntY lei the following ciesaIbed property: Hatfle Chamberlain SID In 28 35 39 Trads 1 & 2-les$ S 883.« FT - '(6.BO Aq (OR 988-2686) (Tax ID. No.. 2328-'501-0001- 000/8) (loaitlon: Southëast·Cììmer Of t.f!e Intersecflon of'()k~ Rôad . and Eleven MiI&' Road) . . ~.. (~~J é ~)..~ .....", '.:-5:· RivetView UtI. ,\..omP.';'~ '¡ ·~fo('å·':12.:month·:,~~sl·· Condilionol.U.è' pe<.¡;¡,'( . ..' .'. .' o·;seJhstorage '. faj:il¡ti!i;~#i:. hald goods Inthe:CG.'(Com~ec:f dal.. GeneraQ ·¡Z""I1'9'..Dlstriq . and ~ Moior Site Plan 'approvál for thèpro¡.;d krioWfl'as a';River~ J view Oil Company for: ,th,e fol- lowing desalbed properly: The east 956.06 feel..ôf the'.South 200.00 of the North 220.00 feet of the Northeast V. of the SOuth- east V. of Section 1 04, Township 304 South, Range 39 East, Les. the Eost 0480.00 feet thereof, soid parcel being more particularly desalbed as: Commencing at the northeast'cor- ner of said Northeast Y. of the Southeast V. of .Sedion 1.4, Township 3.4 South,;,.RarÏge 39 East;.l'hetQ nin.S04I!fI.89°36'39" West.along the V.:~ line a distance 01 .480.00 .~;'fbence · runSoufh 00"2~'~l~ast~ dis- tance 0I20.OQ Ièe! ,to. the point of bOg¡nriIn<I:~. ~~nue SouthOÓ~23TS3~.~ ~ dl'!.~~ 01 200.ooJeel)~\~ ""'111 89"35'W West-adi~ of 0476.07 feet; TIwinœ NIl.. North OO~23'.48" west a.. 4is~nce of 200.00 feet to ~ ~ ñght.of- ~ onndrlo R~ '(S1afe Road · 61"); ThenceTuri.;'~orth 89"36'39" Easf along said JIg~t- · . of.~ a distance of .476:~ feet · to the point 01 beginnIng. .. Said lands lying and. being In St. Lucie County. Florida. .' . Said Parcel contains 2;18 aaes, môreor Iess.. .' . (Tax Id. No. 13104-.411· 0005-000/04) . (location: 5<!uth side oflndrlo Road,approJdmalety ZOO feel west of North Kings HlgfiWay)' .. A PUBLIC HEARING .WlII be held In the County Commission Cham- bers· 3rd floor of the Roger Poi- tras 'Administration AnneX: Build- ing, 2300 VIrgInia Avenue, fort. Pierce, Florida on May 16, 2000, beginning at 7:00 P.M. or as soon thereafter as possIble. '. PURSUANT· TO· Section . 286.0105, Florida. StaMes, 11 a person decides to' appealaR}' decision madtl by a board, agency, or commission with respect to any matler considered at a meeting of hearing, htl will need 0 record of . the proceed- ings, and that, for such PurPose, he may need to ensure thai. a verbatim record of the proçeed- ings is made, which recor~ includes the testimony and evi- dence upon which the oppeal is to be based, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, flORIDA /S/ JOHN D, BRUHN, CHAIRMAN PUBLISH DN~:~ 4, 2000 5J~\ \ -t"" ~', "'- {,.,J '-" I- ..ú·..·""·U····..···.···· ·.·..I.....l.n.. .... .......... .. No. 1581 ST. LUCIE COUNJY BOARD OF COUNTY COMMISSIONERS PIJBUC HEARING N;ENDA May 16; 2OÔO TO WHOM If MAY CONCERN: NOncE Is hereby giVen In' accordance with Seclton .1 i .00.03 01 lhe Sf. lucie County Laod· DevØIopment.Code and In . accordance with· the þrovlslons,:.olfhØ SI.· Lucie County Comprehensive Plan. that .1he:'oUowIng applicants have requested that. the> Sf.:t.ûcIØ Courity BOard of County Commlsslonel$ çon$Idér ~ rèquem as ~ . . ~ ,..',' f c. .~.. . . 1. Covenarit Project' ~,CoIporaIIon. for a Change.1n ZOnIng trorri.lhe· RS-4 . to lonIng DIs1rIct 10 the PlIO ZOnIng . ~ for the following described :)I'CIperIy: . ·I·._¡l.~,~~· ::"11 _. ,;'" . ·AR of the NW 1/4;:of#)& SE'1/4 of the SE 1/4« SectIon 20. township . 35.~ Range. 4q ~..Jess theWèsf17.50 fee; thereof and IhØ 'NE 1/4 of the· SE1I4 of the SE 114 . of said SectIon 2O.~'theWe$f 16UO'~ of the Norfh269.44 feet and the East40.00feel.lI>tØreof.,AlIVInIi In Sf. lucie Coooty, Florida. LESS AND EX~ .~fromthe NOI1h 284.66 leel of the HE 1/4 of the SE 1/4.ót~:S(V4of said SecIIon 20, Jess I the West 161.80 feel thereof. .LESSAND.EXPEC11NG there ftom Ihoselands described ¡¡'¡'Ollk:laf'RØcord Book 0981, ......... I '. . . ~ I 1074, Pubuc Records of Sf. LuCIe County. FIoIIda. . ! (TaxD. No.242!h442-OOO1..((()f1). (I.ocaIton: West·· side of South 25th street, approxlmafely 900 feel north 01 Edwards Road.) ... 2. Robert T_ RranCnd Waller P. ~.Io define a Class "K : _ Mobile Home as a Detached SIngIe-FamIIy ~ unit In ~. the ÞG-5 ZOnIng Dlstilcl. for the loIIowIng descI1bed ~. : property: ::i: Seclton 28 'kIwnsIJIØ351longe 38 N 112 ofN 112 of NE 114 of SE ., 1I4-Less Sneed Road RJW at Less N 37 FT-(8.79 AC(OR , 1194-992)(Tax ID. No. 2228-411-0001-000(5) (I.ocaIton: Southwest comer of the Inlelseclton 01 Sneed Road Ox' and N.S.LW.M.D. Canal No. 68.1 -:: . 3. Belly Waren. for a Condlflonal Use PermIt 10 allow the operofIon of a convnunIIy resldenflal facløty within 100 leet ot another such . lacllifyln the. RS-4 (ResIdenflal. Slngte-Iamlly ,~ . . 4 dulacre) Zoning Dislllct In Sf. lucie C9unty for the .- following descrtbed property: - .... . .- ';; - Sheraton Plaza un" 2 ~ l.of 93 (or 270-1145) ~ : (Tax /D. No. 1432-805-0093-00(19) . !". ::: (I.ocatIon: 110 EssexOltve) - '''·~';:<r~·'. .t -t,,'" f· '. /.~ r~ , .~,F" 11< ( ;:: -4. \Vayfie ~ peflfloned for. a çhange 11\ Zon!nQ(i'Qffi ~. ~- from AG-2.5~riculfUre. . ResIdential-I ÜnItI2.S.'acies) ,iO'RF . .. (Retlgious·FacIIffies) Zoning DIsfrIcl In Sf. lucie County forlhe ::. following described prc;>pertv: ' , ; " , . HOllIe Chamberlain SID In 28 35 39 Tracts 1 8< 2-Less S 883.44" :...: FT - (6.80 AC) (OR 988-2686) ~~'-# :::: (Tax D. No. 2328-501-0001-00018) :: (Location: Southeast comer 01 the Intersecflon of ~ ,.. Road and Beven Mile Road) ~. ::- : 5. RIYeIvIew oa ~. Inc.. lor a 12-mon1h extension of a ..: . Cond1tIonaI Use PermIt 10 allow a seff-storage facIIIY lor :: . household goods In the. CG (Commercial, General) Zoning ...< DIsIIIcI and a Major SIte Plan approvallor.1he proecf known .-: . ,as a R/veMew 01 Company lor the loIfo\tIIng c:Iesc:,IfQed ~;,' property:. . . . ¡~ . . . . ,. the easl956;06 leeI of the South 200.00 of the.North 220.00 -. . feel of the NorIheasf 1/4 of the Southeast 1/~ of SectIon ,140/ ~. ~ 34· South. Range 39 EasI. Less ttie· Ecist 480.00' feet ..... thereof. said pörcelbeIng more parfIcuIarIy descrtbed as: ... \.r ~.ComrnØnc:Ingal the .norIheast comer. of said ~ 1/4 of ~ the Southeast 1/4 It SectIon 14. TownshIp 34 South; Range 39 . 1~ . EaSt: Ì'hence U' south 89"36'39" West. along the 1/4 sectton ii· .. ane'a dIsfance of 480.00 feet; 1tience U' South ocr23'53~ EasI t. '0 disfance of 20.00 feet 10 the point of begInnIng:)hence . continue South 00"23'53' East a distance of 200.00. feel:· ... thence run. soufh89"35'OI· West a distance of 476.07 feet: :: 1hencèrun NOI1h 00'23'48· West 0 distance of 200.00 feel.1o .. IheSoulh rIghf-of-wov of IndrIo Road (Slate Road ·614): ~.. : U',NorIh 89"36'39" East atong said rIghf-of-wov a c:IIsIancêof Ai 476.06 feet 10 the point of begIrv1Ing. ..: SaId lands lying and being In Sf. lucie County; FIoIIda. SaId Parcel conlafns 2.18 acres. more or less. (Tax let No. 1314-41 HX)OS-OOOl4) (I.ocaIton: South side of Indrlo Road, apprOJdmately 7do leel west of North Kings Highway) - ,.. A PUBUC HEARING wll· be held In the CounÌy Commission Chambers. 3rd ftoor of the Roger l'oIfTas Admlnlsfratlon AMex Building, 2300 VIrginia Avenue; Fort PIerce. FIoIIda on May 16. 2000. beglmlng at 7:00 P.M. or as soon !hereafter 0$ PQSSIbIe. ~. i;,1 :.~.. ¡: :!ow ~. ~, PURSUANT TO Seclton 286.0105. Florida SIatutes. If a per$OO :: ~ 10 appeal any decision made by a board.. agency, .... or commission with. respecl 10 any matterconslder~ at, a - meeting or healing. he will need a record of the ~. ::: and 1haI, lor such putpOSe, he may need 10 ensure fh<:1! a ,.' . verbatim record 01 the proceedings Is made, which reCord ;: ~ Includes the testimony and evidence upon which. the .appeaf ~-._ Is to be based. (. $" . BOARD OF COUNtY COMMISSIONERS lit: sr WCIE COUNtY. FLORIDA : /SI JOHN D. BRUHN. CHAIRMAN : Publish: May 4, 2000 r.~!:... ", f~.J' . æ; J'di ~"..." i '. ~~ 5Jtt{ ,{)O ~ ~ '-' AGENDA REQUEST ...., ITEM NO. 5-+-+ DATE: 05/16/00 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi-Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Community Development ~. Communlty Dev. Dlr. , ,'L (V SUBJECT: Request for Preliminary and Final Planned Unit Development Site Plan Approval and a Change in zoning for Property located on the west side of South 25th Street, approximately 900 feet north of Edwards Road from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development - Lake Forest Park) Zoning District - Draft Resolution 00-017. BACKGROUND: Petition of Covenant Project Development Corporation for Preliminary and Final Planned Unit Development Site Plan Approval for the proj ect to be known as Lake Forest Park - PUD, and a Change in Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development - Lake Forest Park) Zoning District for a 59-Unit residential rental retirement community consisting of 19 Duplex Units and 7 Triplex Units. (File No.: RZ-OO-003) FUNDS AVAILABLE: N/A. PREVIOUS ACTION: On March 16, 2000, the Planning and Zoning Commission, by a vote of 7 to 0, with two members absent (Mr. McCurdy and Mr. Moore), recommended approv.al of the Preliminary Planned Development site plan and rezoning of the petitioned property. On April 4, 2000, the Board of County Commissioners granted a waiver from the requirements of a Transportation Impact Report (TIR). RECOMMENDATION: Approve Draft Resolution 00-017 granting Preliminary and Final Planned Development Site Plan approval and a change in zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development Lake Forest Park) Zoning District for the project to be known as Lake Forest Park - PUD. [ X] [ ] APPROVED OTHER: DENIED Do las M. Anderson County Administrator COMMISSION ACTION: CE: County Attorney: C¡~¿.: / kr/ 1"'__ " Review and ADDrovals Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) ¥ ...." COUNTY COMMISSION REVIEW: May 16,2000 Resolution 00-017 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: May 10, 2000 Subject: Petition of Covenant Project Development Corporation, Inc. for Preliminary and Final Planned Development Site Plan Approval and a Change in Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development - Lake Forest Park) Zoning District. (File No.: RZ-OO-OO3) LOCATION: West side of South 25th Street, approximately 900 feet north of Edwards Road. EXISTING ZONING: RS-4 (Residential, Single-Family - 4 du/acre) PROPOSED ZONING: PUD (Planned Unit Development - Lake Forest Park) FUTURE LAND USE: The east 455 feet has a future land use classification ofRM (Residential Medium) and the remainder of the subject property has a future land use classification of RU (Residential Urban) PARCEL SIZE: 12.01 acres PROPOSED USE: 59-Unit Retirement Rental Community - 19 duplex units and 7 triplex units SURROUNDING ZONING: I (Institutional) to the north, CG (Commercial, General) to the south, and RS-4 to the west. To the east across South 25th Street, the zoning is CN (Commercial, Neighborhood) and CO (Commercial, Office). '-' """ May 10, 2000 Page 2 Petition: Lake Forest Park - PUD File No: RZ-00-003 SURROUNDING LAND USES: RU (Residential Urban) to the west and north. RM (Residential Medium) to the north and west across South 25th Street. COM (Commercial) to the south. FIREIEMS PROTECTION:- Station #1 (2400 Rhode Island Avenue) IS located approximately 1 mile to the north. UTILITY SERVICE: Water and sewer service will be provided by the Fort Pierce Utilities Authority TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for South 25th Street is 100 feet. SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following detenninations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning and site plan are not in conflict with the St. Lucie County Land Development Code. The application for Preliminary Planned Unit Development approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been detennined to meet all applicable standards of review. ¥ ., May 10, 2000 Page 3 Petition: Lake Forest Park - PUD File No: RZ-00-OO3 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed amendment would be consistent with all elements of St. Lucie County Comprehensive Plan. The proposed project and change in zoning will, for example, allow the applicant to develop the subject property in a manner that encourages the preservation of environmentally sensitive wetlands on site. The 0.57 acre wetland located on the subject property will be preserved. This Planned Unit Development will result in a lesser density than that which would be allowed under the future land use classifications of the subject property. There are a total of 59 units proposed. If the subject property were developed at its maximum residential density, 97 units may be possible. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning and the accompanying Preliminary Planned Unit Development site plan have been determined to be consistent with the general land uses in the surrounding area. The Future Land Use Maps of the St. Lucie County Comprehensive Plan indicate that the petitioned property is suitable for development at a density of up to 9 dwelling units per gross acre on the east 455 feet of the subject property (25 units) and 5 duJacre on the remainder of the property (46 units) for a total of71 units possible under the PUD regulations. The proposed development of 59 units allows for a density of 4.9 units an acre. 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan which is tied to this rezoning is not expected to create additional demands on any public facilities in this area. Water and sewer service is available and will be provided by the Ft. Pierce Utilities Authority (FPUA). Access for the proposed project is provided on South 25th Street. The developer has '-' .."", May 10, 2000 Page 4 Petition: Lake Forest Park - PUD File No: RZ-OO-003 demonstrated that this project will not overload adjacent roadways. The Board of County Commissioners granted a waiver from the requirements of a Transportation Impact Report (TIR) on April 4, 2000. . 6. Whether· and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant through the PUD (planned Unit Development) process, has proposed a development plan that provides for the protection of environmentally sensitive areas. The applicant will need to obtain all pennits relating to environmental impacts on the site prior to any construction taking place. These agencies include the Anny Corps of Engineers (ACORE), South Florida Water Management District (SFWMD), and the Florida Game and Freshwater Fish Commission. Prior to any construction on the site, a vegetation removal pennit application must be filed with and approved by the Community Development Department for the removal of any trees on the subject property. The existing wetland on site will be preserved. 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 proposed zoning designation would result in an orderly and logical development pattern. The development is located in an area of proposed and existing commercial and institutional uses and subdivisions. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in hannony with the purpose and intent of the St. Lucie County Land Development Code. - . COMMENTS The applicant is proposing the development of a 59-Unit, Multiple-Family residential development to be known as Lake Forest Park - PUD to be developed with 19 duplex and 7 triplex units. Attached is the site plan for the proposed project. As a Planned Unit Development, the project '-' ....., May 10,2000 Page 5 Petition: Lake Forest Park - PUD File No: RZ-00-003 proposes to develop the subject property with some flexibility, such as the ability to cluster dwelling units to protect environmentally sensitive areas on site. The developer is thus able to reduce the environmental impacts on the property to a greater degree than with more conventional development. The proposed development will preserve the 0.57 acre (4.7% of the entire site) of existing wetlands on site. At the July 15, 1999, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, with two members absent (Mr. McCurdy and Mr. Moore), recommended approval of this petition with the following 2 conditions: 1) the applicant shall enhance and maintain an 8 foot vegetative buffer on the west boundary and on the north boundary along Wildwood Lane of the subject property and 2) Access shall be provided for the outparcel located generally between this parcel and the ACLF previously approved. Since the proposed project does not impede access to this parcel, staffhas not included it as a condition of approval in Draft Resolution 00-017. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum of 15% of which must be native upland habitat preserved in its natural condition. The planned development maintains 65.6% of the project area in total open space. Wetlands account for 0.57 acre, an existing lake is 0.75 acre, Native Upland Preserve is 1.16 acres, the detention area is 0.32 acre and general open space is 7.98 acres. The remainder of the project of 4.03 acres (33.4%) consists of those areas designated for residential development (buildings, roadway, driveways, sidewalks, and lift station). Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition as set forth in Draft Resolution 00-017. SUBMITTED: ia 1. Shewchuk, AICP ommunity Development Director Attachment hf cc: Peter W. Aquart, P.E. Michael Swartz, P.E. File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 '-' ...,¡ RESOLUTION 00-017 FILE NO: RZ-OO-O03 A RESOLUTION GRANTING PRELIMINARY AND FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS LAKE FOREST PARK - PLANNED UNIT DEVELOPMENT, AND A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: CHANGE IN ZONING 1. Covenant Project Development Corporation, Inc. presented a petition for a change in zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development - Lake Forest Park) Zoning District for certain property in St. Lucie County, Florida. 2. On March 16, 2000, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that the requested change in zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (Planned Unit Development - Lake Forest Park) Zoning District be granted. 3. On May 16, 2000, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property and granted final approval to the property described below. 4. The proposed change in zoning is consistent with the St. Lucie County Comprehensive Plan and meets the requirements of Section 11.06.03 of the St. LLJcie County Land Development Code. File No.: RZ-00-003 May 16, 2000 Resolution 00-017 Page 1 '-' ....", 1 2 3 SITE PLAN 4 5 5. The petitioner is proposing the construction of a project consisting of 19 Duplex 6 Units and 7 Triplex Units for a total of 59 Units for property located on the west side 7 of South 25th Street, approximately 900 feet north of Edwards Road. 8 ·9 6. . The Development Review Committee has reviewed the site plan for the proposed 10 project and found it to meet minimum technical requirements. 11 12 7. On March 16,2000, the St. Lucie County Planning and Zoning Commission held a 13 public hearing, of which due public notice was published and mailed to all property 14 owners within 500 feet at least 10 days prior to the hearing, and recommended to 15 this Board that Preliminary Development Plan approval for the project to be known 16 as Lake Forest Park - PUD, be granted. 17 18 8. On May 16, 2000, this Board held a public hearing on the petition, after publishing 19 a notice of such hearing and notifying by mail all owners of property within 500 feet 20 of the subject property, and granted Preliminary and Final Development Site Plan 21 approval for the property described below. 22 23 9. The proposed project is consistent with the general purpose, goals, objectives, and 24 standards of the St. Lucie County Land Development Code, the St. Lucie County 25 Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 26 27 10. The proposed project will not have an undue adverse effect on adjacent property, 28 the character of the neighborhood, traffic conditions, parking, utility facilities, or 29 other matters affecting the public health, safety, and general welfare. 30 31 11. All reasonable steps have been taken to minimize any adverse effect of the 32 proposed project on the immediate vicinity through building design, site design, 33 landscaping, and screening. 34 35 12. The proposed project will be constructed, arranged, and operated so as not to 36 interfere with the development and use of neighboring property, in accordance with 37 applicable district regulations. 38 39 13. The-proposed project will be served by adequate public facilities and services. 40 File No.: RZ-00-003 May 16, 2000 Resolution 00-017 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4j 42 '-" '-' NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as lake Forest Park - - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by CPH Engineers, Inc., dated April 3, 2000, and date stamped received by the St. Lucie County Community Development Director on April 5, 2000, for the property described below, subject to the following condition: The developer of lake Forest Park - PUD shall provide and maintain an 8 foot high vegetative buffer on the west property line and on the north property line along Wildwood lane. B. The property on which this Preliminary and Final Planned Unit Development Site Plan approval is granted is described as follows: ALL OF THE NORTHWEST Y. OF THE SOUTHEAST Y. OF THE SOUTHEAST if.. OF SECTION 20, TOWNSHIP 35 SOUTH, RANGE 40 EAST, LESS THE WEST 17.50 FEET THEREOF; AND THE NORTHEAST Y. OF THE SOUTHEAST Y. OF THE SOUTHEAST Y. OF SAID SECTION 20, LESS THE WEST 161.80 FEET OF THE NORTH 269.44 FEET AND THE EAST 44.00 FEET THEREOF. ALL LYING IN ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING THEREFROM THE NORTH 284.66 FEET OF THE NORTHEAST Y. OF THE SOUTHEAST Y. OF THE SOUTHEAST Y. OF SAID SECTION 20, LESS THE WEST 161.80 FEET THEREOF. LESS AND EXCEPTING THEREFROM THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 0981, PAGE 1074, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. CONTAINING 12.01 ACRES, MORE OR LESS. (Location: West side of South 25th Street, approximately 900 feet north of Edwards Road) C. This Preliminary and Final Planned Unit Development Site Plan approval shall expire on May 16, 2002, unless building permits are issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. D. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 16, 2000. File No.: RZ-00-003 May 16, 2000 Resolution 00-017 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ¥ -...I E. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Jòhn D. Bruhn xxx Vice-Chairman Frannie Hutchinson xxx Commissioner Paula A. Lewis xxx Commissioner Doug Coward xxx Commissioner Clifff Barnes xxx PASSED AND DULY ADOPTED this 16th Day of May 2000. BOARD OF COUNTY COMMISSIONERS ST. 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S~ [J . 0 Eï ~~, ~~.. i _ ~ ~ ., ( '-' f .,,¡ PLANNING AND ZONING COMMISSION REVIEW: 03/16/00 File Number RZ-00-003 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT DATE: Planning and Zoning Commission Planning Manag~ March 9, 2000 TO: FROM: SUBJECT: Application of Covenant Project Development Corporation, for Preliminary Planned Unit Development approval for the Project to be known as Lake Forest Park - PUD, and a Change in Zoning from the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District to the PUD (planned Unit Development - Lake Forest Park) Zoning District. LOCATION: West side of South 25th Street, approximately 900 feet north of Edwards Road EXISTING ZONING: RS-4 (Residential, Single-Family - 4 du/acre) PROPOSED ZONING: PUD (Planned Unit Development - Lake Forest Park) FUTURE LAND USE: The east 455 feet is RU (Residential Urban) and the remainder is RM (Residential Medium) PARCEL SIZE: 12.1 acres PROPOSED USE: 59-Unit Retirement Rental Community - 19 duplex unitsl7 triplex units SURROUNDING ZONING: I (Institutional) to the north, CG (Commercial, General) to the south, and RS-4 to the west. SURROUNDI~G LAND USES: RU (Residential Urban) to the north, and COM (Commercial) to the south. FIRE/EMS PROTECTION: Station #1 (2400 Rhode Island Avenue) IS located approximately 1 miles to the north. (~ ~ (' .....,; March 9, 2000 Page 2 Petition: Lake Forest Park - PUD File No: RZ-00-003 UTILITY SERVICE: Water and sewer service will be provided by the Fort Pierce Utilities Authority TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for South 25th Street is 100 feet. SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning and site plan are not in conflict with the St. Lucie County Land Development Code. The application for Preliminary Planned Unit Development approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been 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; The applicant has demonstrated that the proposed amendment would be consistent with all elements of St. Lucie County Comprehensive Plan. The proposed project and change in zoning will, for example, allow the applicant to develop the subject property in a manner that encourages the preservation of environmentally sensitive wetlands on site. This Planned Unit Development will result in a lesser density than that which would be allowed under current zoning. There is a total of 59 units. If the subject property were developed at its maximum residential density, 97 units may be possible. f '-" ( ~ March 9, 2000 Page 3 Petition: Lake Forest Park - PUD File No: RZ-OO-003 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning and the accompanying Preliminary Planned Unit Development site plan. have been determined to be consistent with the general land uses in the surrounding area. The Future Land Use Maps of the St. Lucie County Comprehensive Plan indicate that the petitioned property is suitable for development at a density of up to 5 dwelling units per gross acre on the east 455 feet of the subject property (14 units) and 9 du/acre on the remainder of the property (83 units) for a total of 97 possible units. The proposed development of 59 units allows for a density of 4.9 units an acre. 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan which is tied to this rezoning is not expected to create additional demands on any public facilities in this area. Water and sewer service is available and will be provided by the Ft. Pierce Utilities Authority (FPUA). Access for the proposed project is provided on South 25th Street. The developer has demonstrated that this project will not overload adjacent roadways. Based on this demonstration, the developer is seeking a waiver from the requirements of a Transportation Impact Report (TIR). 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant through the PUD (planned Unit Development) process, has proposed a develapment plan that provides for the protection of environmentally sensitive areas. The applicant will need to obtain all permits relating to environmental impacts on the site prior to any construction taking place. These agencies include the Army Corps of Engineers (ACORE), South Florida Water Management District (SFWMD), and the Florida Game and Freshwater Fish -- ..... f" '-' ( .....,; March 9, 2000 Page 4 Petition: Lake Forest Park - PUD File No: RZ-00-003 Commission. Prior to any construction on the site, a vegetation removal permit application must be filed with and approved by the Community Development Department for the removal of any trees on the subject property. The existing wetland on site will be preserved in its entirety. 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 proposed zoning designation would result in an orderly and logical development pattern. The development is located in an area of proposed and existing subdivisions. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The applicant is proposing the development of a 59-Unit, Multiple-Family residential development to be known as Lake Forest Park - PUD to be developed with 19 duplex and 7 triplex units. Attached is the site plan for the proposed project. As a Planned Unit Development, the project proposes to develop the subject property with some flexibility, such as the ability to cluster dwelling units to protect environmentally sensitive areas on site. The developer is thus able to reduce the environmental impacts on the property to a greater degree than with more conventional development. The proposed development will preserve 0.57 acre (4.7% of the entire site) of existing wetlands on site. Section 7.01.03(1) ofthe St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum of 15% of which must be native upland habitat preserved in its natural condition. The planned development maintains 65.6% of the project area in total open space. Wetlands account for 0.57 acre, an existing lake is .75 acre, Native Upland Preserve is 0.73 acre, and general open space is 5.61 acres. The remainder of the project of 4.03 acres (33.4%) consists of·those areas designated for residential development (buildings, roadway, driveways, sidewalks, and lift station). (- '-' ( ....., March 9, 2000 Page 5 Petition: Lake Forest Park - PUD File No: RZ-OO-003 Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the S1. Lucie County Land Development Code and is not in conflict with the goals, objectives and policies of the S1. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. 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I , iI , " I II 1$11 I il I :! H ¡ ~,.-. ''J"",,,L''-^1'._,,;c---,,lt--''jl ~!f1If1:~f1li~J j, ' : i!~'¡ I:~ HI ~ ~I~,~ ~ *11~'1 ~ o!~ ~ ~ ooí¡"'C '1 ~ b'~ ~ ~:6¡¡ 00 01' 0'1 O.~ N 0'1 0 ~ O·~ ~ 0' il'l ~i !::s ! : ___~'~__A~~_"""wL _A_--¡,-~-,-h---"¡-,---- I '"r1.7' 1'"r1' '"r11 '"r1 1'"r11'"r1'¡'"r1 0;0 ~'I'O '10 .,0 10 iO ,0 :4,:4 ~ :4 :41:4[:41:41:4 ." i." 2. I." I." 1 ." 1"'0 I." 1"'0 õ":õ" Jñ"~ñï1õ";õ"lõ"lõ" ~:g !~i~ ~j~lg¡~ - ¡ ¡' , ¡ !.i ;:r¡~""I'"r1¡'"r1 '"r1i'"r1.'"r1';:r¡-'rii'TiloT:1''"r1·'"r1 l' l';l'il'l'l'l'!l' l'l'l'l' l' He.; II~ j)oo H~ H~ !N ,- I,;,J W iW'jf.;J W ~ ~ ~; ~ ~ \0 \0 '1.0 ' \0 \0 00 00 001 00 -..! N N i~; 'P '" '" VI ~ W - '0'1 \0 W 0'1 0'1 I,;,J. ~ 0'1 ~ ~ N 0 0 W'W W W W,~;~ ~ - \01\0"\0 -....J 00~U\ 00 0\: 1 0\;0\:- 00 VI .þ. W!W ~ 00'0 W WI ~ ~. \0 \0; 00 00 ~;~ \0, \0 00100 N ,~ ~ 0'1: ~ ~N , , 0'1 0'1 00 VI N V1 ~t:; æ. .g == = "'1 (JQ - ~~ Ea ë:)'g, "'1 ~ ~å 013 0= b= == N« ë:)'t:; "'1 ~ n~ Q - < Q I'D "0 = 13 = ~ = = - - ÞOdI .2. ~ I'D Q n(JQ - "'1 ~~ < e: œ,n Q '"'" "0 = 13 ë:)' I'D "'1 = 13 - = n:t. Q Q "'1 = "0 rJ1 Q« "'1 .." a.- .... ~ Q 13 = .." i~ :"""- ..... . -- o o ,. '-' rsday, May 4,2000 ;1010 legal NoUces I 10 IN ST. LUCIE COUt'lTY BOARD OF COUNTY '.:.,,/.. COMMISSlq~ERs~·r.·' l' :f,v.~uc: \:IEARINGI!-q~. '. ~:( '. '. . .".,',., M1Jy 16,2000,· ..,. ..' "~..."....:\,\.... ....,'. .d"". u .':.~.-:t;;<~~, ;.¡,~_ . ,x.1,,'o....:", ;;,.,ol'~ -')' TO wHOM IT 1M Y C:O~CfRN: . N9J.q,~·.gl ~~~;;. ,", I~ .' , .' :t!'tIM,': provtstons : of the. St. 'Lucie County Comprehensive ,,~n¡1hofthe føllooHjqg ~\Can! . l~·~'~'IIie\;~f"J't.ùi:Ie ' }~;Çcjiii\if:BC:kJll~çÌ;øitom- . ~Ss1òlMírs ¡ c:Oîi$1dei~ rëC¡uest ~~I~.....··.····... .··.~~·~oPment h~;;t~J-.O:~ì In ~~ {ò~i!1e\¡j!UD 2;onI\19 .0': -~ frid tor the following deSCribed ...própërIyi..'.... . .;..' , ;;\II of theNW 1/4 of tt\e SE 1/4 , 'of:1hèSE1/4 OfSèdion 20, To~~P 35 ~.Ro~ 40 . ,. East, ¡less the.west 17.50 feet thereóf and the NE 1/4 of ihe SE 1/4offh.eSE1/4 of saki Sec- 'flon20,1ess the West 161.80 '. feet of thII·Nåé.fh 269.44 feet ond ·the East 40.00 ,",jhò£ All . ~ lying ln$,t. bide tô(¡'tiiy.FI9rkIa. 'LESS. ANDBCCE~:UNG 'Î,f!1ere from the North 284.66 feet of the A NE 1/4 of the SE 1/4 of the SE 1/~:of saki Section 20, less the ;.~.weSt.161.80 feet thereof. LESS .:At'lD·EXPECTING there from those lands desalbed In Official Re<;ocd Book 0981, Page 1074, Public Records of Sf. Lucie Coun· ty, Florida. . . (Tax ID. Na.2420::'42- .·0001.000/1). . (location: West side 01 SOuth 25th Street, apProximately 900 feet north of Edwards Road,) A I~HE.. .2\~.~ T. Ryan and Walter P. Rýõn, to' define 0 Ckiss . "A" MobIle Home os a Detached Single-Family Dwelling Unit In the AG-5 Zoning Dlsfrid. Section 28 Township 35 Ra~ 38 . i ..N 1/2 oft'! 1/2 of NE1/4 of SE 1¡<4·less Sneed Rood R/W & . less. . N 37 FT -(8.79 AQ(OR '.\ 9+'9?21..,. . ..' . (J ox IQ. No. 2228-411-' . 0001~/5) .'. (\.ocafIoIi; Sout!WÏlsfaxn« . of the .1nIersed1an¡of,.5!Ieect.:R....:.;/ and :N.s.lW.M.Q;'tcíiiàl Niì8; ...... · .. ,,' í¡¡t~}. f(ÚJ; 3.·BeIfY ~Jor 0 ~ "fl~ ,U.sé (Peì'mri\:t.. ~ciIÌòw the .: 'cipei"oIkiiI. of a. ~mUnltyresl- d4in1fa1~ity within roo feef'of . another ·such· fadIIty, In ·1héRS-4 , . (ResIdentIa~ '. SltÌglHamnY' · -.. ...( do/oael ZOning DIstrict InSl · lucie -County for the foI.......~ desaibed propérty: . ~wn'V SheratQn . Plaza unit 2 R~ lot 93 (Or 270-1145) '0":'''' (Tax.ID.'No. 1432-805- ',:; · 0093-000/9) (locatIon: 11 0 . Essex Drivel ... Wayne Skinner has ~ for 0.. Change . I~ Zoning from fro 111 . AG-2.5 (Agrlculfure Residential-I unlt/2.5 Ga8$1 ~ RF (R~lglous Facllltiesl ZÒÍl/ng Dishidl~ St. Lucie Coíinft for Îhe following dèscrfbed property: Hotfle Chamberlain SID In 28 35 39 rrads 1 & 2-lesS S 883.« FT - (6.80 Aq (OR 988-26861 (Tax ID. No. 2328-'501-0001- 000/81 . . (locciflon: SoutIÍéo$tÇPrnef ôI·the intersection of'Olc~ RóCKI . and Eleven Mllè'Road) . . A \' ç ¡~~J t t.. ., e:;. ~l,,~ .....,; ';·:I:'·:·~~~rI2·~~Uthjl;~~t>Y . : or. a,. ..oon .,:e'xtensiOÎ'i Conditional ,Usepri¡~tÓ: . . . 'o~$eJhstorag«(fâj:ilitj'fç¡;.:..i';;;¡~ hold goods In.theCq~'(~~Þ cIal, .GeneraQ ;IZònlJ1¡',:D¡~<.1 and a. Moi~ Site PI~n 'approyql ,lor the project kooW!l:as a··.RiYêr~ view Oil Compony·for'the fO/.' lowing described propert)o, ; The east 956.06 feet. öf ~:.Soutb 200.00 01 ~ Norlh220.00 feet .. 01 ~ NortheostV. of thesóuth- east V. 01 Section 14,' Township 34 South, Range 39 East, Less ~ East 480,00 feet thereof, sold porcel being' more . .particulorly described as: Commencing at ~ northeast·cor- ner 01 sold Northeast V. of the Southeast V. olSedian 14 ;. T ownship~" . Soufh,ò:RalÍge 39' : . East; ,Thence run..soufþJl«]o36'39" West olong the lA'sectlon line 0 distance of "80,oci:~;·.'fhence · run'~ 00"23·53·~Eåsf 0 dls- fanœof20.oQlèèf~· ~'poInt of beglnriW" Thence· ~nue SoùI\IOÒ~'f'53~.~lâ dlstànce of 200.00JeeI¡~,f!IÌI SÓU!h 8«]035'01· West· 0 diStanCe of 476.07 feet; Thfìnce r\ii¡.. foIorth 00~23'48" West a4isfonCe of 200.00 feet to the. ~ itght~~ way oflndrto Roor:I'(Stote Rood · 6 U); Thence TUriò' North 8«]036'39" East·oIonì¡ SÓk:Î.rIght- of-way 0 distance of 476.06 féet · fa the point of beginning. : ' . Sold lands lying and. being In St. Lucie County, Florida. Sold Parcel contains 2.18 acres, mOre or less. . . . (Tax Id. No. 1314-411· 0005-000/4) . (location: South side . 01 Indrlo Road,appfoxlmofely 700fNt west of N~ Kings HI.9IìWoy)· .. A PUBLIC HEARINGwfll be held in the County Commission ChaI1l- hers; 3rd floor of the Roger POi- tras Admlnl stroflon AnneX Build- Ing, 2300 Virginia Avenue, fort Pierce, Florida on May 16: 2000, beginning of 7:00 P.M. or os soon thereafter os possible. '. PURSUANT TO" Section. 2B6.0 1 05, florlda. StaMes. if a person decides to appeolany decision madé by 0 boord, agency, or commission with respect to ony matter considered of 0 meeflng of hearing, he will need 0 record of. the proceed- ings, and thot, lor such purpose, he may need to ensure' that. a verbatim record of the proçeed- ings is mode, which record indudes ~ testimony and evi~ dence upon which the appeal Is 10 be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, fLORIDA /5/ JOHN D. BRUHN, CHAIRMAN PUBLISH D",r~.~ 4, 2000 5/~\ \ rc", ~.', ."'; \."",,1 '-" .(_. ""'~""~h"'_''''''''''''''.r''''''''./'''.t'....."...........,.. .""....t''''.. No. 1581 ST. LUCIE COUNTY BOARD OF COUNIY COMM1SSIOfŒRS P\J8UC HfARING AGENDA. May 1(;; 2OÔO TO WHOM IT MAY CONCERN: NOTICE Is hereby given In accordance wllh SecfIon 1 tOO.03 of fhe SI. Lucie COUnty land Devel9Pment. COde and In ,accordance with the provlslons~ot thG SI.· Lucie County Comprehensive Plan. that. thø .:foUowlng appUcants have requested that the Sf.:~ eounty BOard of County Commissioners conSIder ~ requests as ~: . .,' .- ..". ¡"\"- ": " .. 1. Covenant 'PIoect' ~. CoIporatIon. for a Change.1n ZonIng fron'i. the·· RS-4 . to ZonIng DistrIct to the PUO ZOnIng DIstrIèt for the toaowtng descdbed property: .", 'I~ ~. ;i~' . -. '. .' ,'. ": .- . ;...... . All of the tlW 1/4 ~Of tt:!e SE 1/4 of the SE 1/4« SectIon 20" TownshIp 35 South Range 4q~,1ess theWèst 17.50 feet thereof and the: NE 1/4 of the· SEl/4 of the SE 114' of said Sectfon 2O,ie;sS' the W6$f 16UO~íê«. of the North 269.44 feet and the East 40.00 feet.thØreot..AlIYIni) In .St.t.ucIe County, Florida. lESS AND EXCEPllNGll\Øfetrom1he North 284.66 feet of the NE.1/4 of the SE 1/4bt thè"Se1/4of said SecfIon 20. less the W6$f 161.80 feet 1herÐåt;.ièSs'NÐEXÆCTING thØre from those lands descIIbed lÌ'¡OmCIaI."RØcord Book 0981, Page 1 074. PublIc Records of St. 1.uCIe. County, florida. (Tax 10. No.242D-44NJ001-ooot1). (lacafion: West·· side of South 25th Street, approximately 900 feet north of Edwards Road.) ;. 2. Robert T. Ryan and WallWP. RVl:nto define a Class "K = . MobIle Home as a Detached SIngIe-FamIIy DwellIng unn In .... the fiG-5 ZonIng DIstrIct. for the following descrfbed :;:. : property: ,.:: . Section 28 TownshIp 35 Ilange 38 N 112 of N 112 of NE 1/4 of SE . 1/4-Less Sneed Road RI'N & less N 37 FT-(8.79 AC)(OR 1194-9921 (Tax ID. No. 2228-411·0001-ooo(5) (locaflon: Southwest comer of the intersection of Sneed Road and N.S.LW.M.D. Canal No. 68.1 < . 3. 8etIy Warren, for a CondIftonaI Use PecmIt to allow the '" operaflon of a cornrnunfty residential facility within 100 feet '" of another such facility In the. RS-4 (ResIdential, Slngte-family .~ _ - 4 dulacre) Zoning DIsb1ct In st. lucte C9ur\ty for the following descIIbed property: . - -~ - Sheraton Plaza unit 2 ~ l.ot93 (or 270-1145) ~ : (Tax 10. No. 1432-805-0093-00019) !". ~: (location: 11 0 Essex OlIve) ." . .'_,I>4:40.:rr...rr~#'t:If--~ . J: f î-j ~~.'" / ~ , ~". .' 11.<:. ( .~ "4. 'I/ayOa SIdr,,-.ÞJs peiifloned for. a ~hange IriZor;lngtfôm : .: from AG-2~ltUre, .ResldentiaJ-1 unIfI2.5.'acies) ~Ó~RF . '. (Religious. f<lclfffies) Zoning DIstrict In Sf. lucie CountyforlÌ1e :.'. following descóbed pr?J>6IIV: , .', ,.'.;.. ¡ '. \ " ;.~~ . Hattie Chambeftaln SID In 28 35 39 Tracts 1 at 2-less S 883,.44 1;: FT - (6.80 AC (OR 988-26861 ~-.tt -# :~: (Tax 10. No. 2328-501-0001-00018) :. (locotlon: Southeast comer of the InfE!fSeCfion of Otœechobee Road and Beven Mile Road) ::- : 5. IiIveMew oa COf'r1xJnV. Inc.. for a 12-month extension of a ..; . ConcItIonaI Use PermIt to allow a setf-sforage facU:1fy tor ...: . household goods In the, CG (Commercial. General) Zoning ;'.: DIstrtct and a Maor SIte Plan approvat for. the project known -': . . as a RIvervtew 01 Company for the follo\lting ~sç.rIQed ':.. .. pr!JPOOv:. . f _ . . ;..; . The easf956;06 feet of the South 200.00 of the North 220.00 ~ . feet of the Northeast 1/4 of the Southeast 1/4 øt SectIon .14. :,:.. ~ 34.5oull\. ~ 39 East. less the Ecist 480,iJo' ieet ...... thereot. said párce/' being more parttcuIarty descrtbed as: ~ . , :;~at the .northeast comer. of said ~ 1/4 of ~. the SçIufheasf 1/4 If SectIon 14. TownshIp 34 South; ROnge39' j, . EaSt: )hence rœ south 89"36'39" West. atong the 1/4 section Ii '. ine'ci distance of 480.00 feet; Thence rœ South 00"23'53~ East . ;, ·0 è:tIstance Of 20.00 feet to the point of ~:.:Thence continue South 00"23'53' East a distance of 200.00. feet;· .... Thence Mt. south 89"35'01" \Nest a distance of 476.07 feet; :: 1hencèMÍ North 00"23'48" \Nest a distance of 200.00 feel. to ., theSoulh rtght-of-way of Indrto Road (State Roacf614); Ther1CØ :, rœ North 89"36'39" East atong said rtght-of-way a dlstancêof . ... 476.06 feet to the point of beginning. ....: SaId lands Iytng and being In st. lucte County; Florida. SaId Parcel contains 2.18 acres, more or less. (Tax let: No. 1314-411-0005-00OI4) (locafIon: South side of Indrfo Road. approxlmatety 700 feet west of North J<Ings HIghway) ... ~. 1j..J ~. ~ :10" :;:: PUR:StWfT TO Section 286.D1 OS, Florida Statutes. It a PØison ...- cteck:Ies to appeal any decision made by a board, agency. :: or COt1ÍmIssionwlfh. respect to any matter··consIderØd at.a meeting or heàrIng. he WtI need a record of ~ ~, ~ and thai, for such purpose. he may need to ensure tho! a ~. verbatim record of the proceedings Is made, wfÌk::hreêord ~:. IncIudEis the testimony and evtdence uponwfÌlch the appeal ;~.: Is to be based. . 7,p. ~~ : 80ARD OF COUNlY COMMISSIONERS -r:, Sf. LUCIE COUN1Y. FLORIDA : /Sf JOHN D. BRUHN. CHAIRMAN A PUBUC HEARING wII· be held In the Couniy Commission Chambers, 3rd noor of the Roger PoItras Admlntstraflon 'Annex BuIlding, 2300 VIrginia Avenue; Fort PIerce. florida on May 16, 2000, begInnInIJ at 7:00 P.M. or as soon thereafter 0$ POSSIble. : Publish: May 4.2000 ':"""-..' , ~ J' i"... '-;:; 1 p: I....., "'>"'. . " .r!: î.¡:~ 5J't.£ I {)() " ~ '-" ....,¡ ITEM NO. 5-.1 AGENDA REQUEST DATE: 05/16/00 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi-Jud. [X TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X ] [ ] 4-1 APPROVED OTHER: (Bruhn - no) County Attorney: !J/ Originating Department: Finance, (Check for Copy only, if applicable) consider Draft Resolution 00-018, granting a 12-month extension of the date of expiration contained within Resolution 98-088 Conditional Use Permit and Major Site Plan approval for property located on the south side of Indrio Road, approximately 700 feet west of Kings Highway, to allow a self-storage facility for household goods in the CG (Commercial, General) Zoning District - Draft Resolution 00-018. The applicant was granted a Conditional Use Permit in 1998. The project has not been constructed. The applicant is seeking a 12 month extension. The reason cited for the extension is that developer of the project has been unable to secure appropriate financing. The request for an extension was made prior to the expiration of the project. (See Attached Letter) (File Number: CU- 00-00s/cu-98-00S) N/A The Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of the Conditional Use Permit at its March 19, 1998, meeting. On April 21, 1998, the Board of County Commissioners granted approval for a conditional use permit and major site plan to allow a self-storage mini-warehouse. Approve Draft Resolution 00-018, approving the extension of the Conditional Use Permit and Major Site Plan approval to allow a self- storage facility for household goods in the CG (Commercial, General) Zoning District. DENIED ~ Do 1 s M. Anderson Cou y~Admïnistrator Review and Approvals Management & Budget: Purchasing: Other: Other, '-' ...,., COUNTY COMMISSION REVIEW: May 16,2000 Resolution 00-018 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: May 10, 2000 Subject: Request for an extension of the date of expiration of a Conditional Use Permit for a 35,200 square foot self-storage facility for household goods in the CG (Commercial, General) Zoning District and Major Site Plan approval for the project to be known as Riverview Oil Company. (File Number: CU-OO-005/CU-98-005) The Board of County Commissioners, through Resolution 98-088, authorized a Conditional Use Permit for a 35,200 square foot self-storage facility for household goods in the CG (Commercial, General) Zoning District and Major Site Plan approval for the project to be known as Riverview Oil Company. The date of expiration of the conditional use/major site plan has expired and the developer of the project is requesting a 12 month extension in order to secure appropriate financing (see attached letter). Attached is a copy of Draft Resolution 00-018, which, if approved, would grant this request for an extension of the date of expiration. Staff recommends approval of Draft Resolution 00-018. SUBMITTED: cU- 1. Shewchuk, AICP munity Development Director hf cc: Steve Snoberger File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 '-' ...., RESOLUTION 00-018 FILE NO.: CU-oO-o05/CU-98-o05 A RESOLUTION FOR AN EXTENSION OF A CONDITIONAL USE PERMIT TO ALLOW A SELF- STORAGE FACILITY FOR HOUSEHOLD GOODS IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT AND A MAJOR SITE PLAN APPROVAL FOR THE PROJECT KNOWN AS RIVERVIEW OIL COMPANY FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA HEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made he following determinations: CONDITIONAL USE 1. On April 21, 1998, the St. Lucie County Board of County Commissioner granted, through Resolution 98-088, a Conditional Use Permit to allow a self storage facility for household goods in the CG (Commercial, General) Zoning District and Major Site Plan approval for the project known as Riverview Oil Company. 2. The developer of Riverview Oil Company has requested that the site plan approval for this project be extended. NOW, THEREFORE, BE IT ORDERED: A. Pursuant to Section 11.02.06(B)(1) of the St. Lucie County Land Development Code, the site plan for the project known as Riverview Oil Company, approved through Resolution 98-088, is hereby extended for a period of 12 months from the date of original expiration - April 21, 2001. B. All terms and conditions of Resolution 98-088 shall remain in full force and effect. C. The property on which this site plan project is to be built is described as follows: File No.: CU-00-005/CU-98-005 May 16, 2000 Resolution 00-018 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 '-' .....,; THE EAST 956.06 FEET OF THE SOUTH 200.00 OF THE NORTH 220.00 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS THE EAST 480.00 FEET THEREOF, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 34 SOUTH, RANGE 39 EAST; THENCE RUN SOUTH 89°36'39" WEST ALONG THE 1/4 SECTION LINE A DISTANCE OF 480.00 FEET; THENCE RUN SOUTH 00°23'53" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00°23'53" EAST A DISTANCE OF 200.00 FEET; THENCE RUN SOUTH 89°35'01" WEST A DISTANCE OF 476.07 FEET; THENCE RUN NORTH 00°23'48" WEST A DISTANCE OF 200.00 FEET TO THE SOUTH RIGHT-OF-WAY OF INDRIO ROAD (STATE ROAD 614); THENCE RUN NORTH 89°36'39" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 476.06 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. SAID PARCEL CONTAINS 2.18 ACRES, MORE OR LESS. (Location: South side of Indrio Road, approximately 700 feet west of North King Highway) D. If building permit approval is not obtained within 12 months of the date of this extension, this site plan shall expire on April 21, 2001. E. The Certificate of Capacity granted by the Community Development Directo on April 21, 1998, shall remain valid for the period of this site plan approval. F. A copy of this Order shall be attached to the site plan drawings described in Section A, which shall be on file with the St. Lucie County Communit Development Director. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn xxx Vice-Chairman Frannie Hutchinson xxx Commissioner Paula A. Lewis xxx File No.: CU-00-005/CU-98-005 May 16, 2000 Resolution 00-018 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 '-' .....,; Commissioner Doug Coward xxx Commissioner Cliff Barnes xxx PASSED AND DULY ADOPTED This 16th Day of May 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman TTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK County Attorney f H :\WP\Resolutions\Finished.2000\Riverview.CU\RiverviewRES. wpd File No.: CU-00-005/CU-98-005 May 16, 2000 Resolution 00-018 Page 3 '-' ., CARTER ASSOCIATES, INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 2 1St STHEET VEHO BEACII. FLOHl)A :120(;0-:1472 5() 1-562·4 I n I 561-5(;2-7180 (FAX) \'V\\'\'\'. cartcrassoc. con} MAHVlN E. CAHTEH, P.S.M. DEAN E LUETIIJE, P.E. (1'1. & >lCI ..OliN II. IILlIM. P.E. FH.\NK S. (TCClJHESE. P.S.M. D,\VII> E. LlJETI\.JE, P.S.M. (;EOHGE SIMONS. P.E. STEVE SNOIIEHGEH, P.E. ",\THlCK S. WAI:nIEH. P.E. March 14, 2000 Mr. David Kelley, Planning Manager St. Lucie County Community Development 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Subject: Riverview Oil Company Conditional Use Site Plan Approval Resolution 98-088 File No.: CU-98-005 Extension Request Dear Mr. Kelley: The above mentioned project received unanimous approval from the St. Lucie Board of County Commissioners on April 21, 1998. To date, the Owner of the project has been unable to secure appropriate financing for development and is considering re-engineering of the site as a possible alternative to the proposed project. Per Section 11.02.06.8.2 of the County's Land Development Code, we respectfully request the Board of County Commissioners grant the Owner a 12-month extension of the original development order approving the proposed site plan. Should you have any questions or comments regarding this request, please fe.el free to contact me at your convenience. Very truly yours, CARTER ASSOCIATES, INC. ßt;c ~ ~(2 P ---_._-~_._.----,........-.-,.. .., í-;1 fì r?,. .. ,! !'~ J! . .- --------..-.------ Steve Snoberger, P.E. Project Manager 6 SS/sw ;,·;1 ~~=.-""--_.. .- cc: Ray Shurtleff - Riverview Oil Co. CAI Sn\illg Floridél SI11((' 1<)11 \\SER VER\SECRET AR y\CY~\[NGPROJ\Misc3· Vac\kelley97 -52cxt.doc z - c-" 0 » I z :III SHE£D ROAD :III :s:: CARL TON ROAD :Þ ~ !: ~ ::D . r-o :::! .. ... Z ... I i 0--. ::D ()O <: m p) '-- ::D r-+CD () fl:ANÇ£ LIE ROAD -.() 0 0 c :J () z ~ 0 C Z ~ ... ....\ ~ OKEECHOBEE COUN1Y >..,¡I T 35 S T ]4 S ... ... i a :III ... ... ... ... ~ IJ <' \. CD c:> ') \ < '" 0 .. () en -. a:: ., CD CD ¡: · .. n C ." '" 0 -~ ~ :r3 · 03 " I ." -<= ~ :t :t 0 £[20 · - - ... o .... 0 > .,,< 0 -; 3 t:1 I - -.... () ~'" 0 p) '" -. < !" o '" 0 co 0 :t - '" 0 01 0 en'" CD :3 0 0 '< 3 .. '" "'0 .... :t '" .... 3 p) .. :::J z ----- '< ; '-" ....,/ A petition of Riverview Oil Company Self-Storage for an extension of a conditional use permit in the CG (Commercial, General) Zoning District. I í ; i \ i \ i \ \ \ " .........-----"'/ 20 /9 /8 /7 /6 /5 /4 /3 /2 /I I 8 9 / 2 3 4 5 6 I 7 /0 I Indrio Road Jennings -0 > m I I /0 I 9 8 7 I 6 I I I I / 2 3 4 :5 I :;E Q '< a.> u L- a.> CL Laguna +J l..L / i / \ \ , \ \ \ \ \ ,ì Road .:x. L- a 0... /0 /5 9 8 7 v 6 0 z 5 0 4 c 0 u 3 >- a 2 ::¡: ..c 0'\ I -0 o o ::¡: a.> .:x. a -.J CU 00-005 V 7/7 /1 This. pattern indicates ~/ LL:J subject parcel (f) 0'\ C ~ o :::?: 3 u.... CL u.... Community Development Geographic Information Systems Map revised April 28, 2000 This map has been compiled for general plaming and reference purposes arty. N VvtIUa fJVf!KY effort has been made to provide the most current and acosate Information possible, It is not intended for use as 8 legally binding dQCLmElf1t. '-' ..., Riverview Zoning Oil Company Self-Storage 45 I I i I' i I r--== Jennings r=Jl \ I \ I r: \ \ -0 /0: 9 8 7: 6 \ \ > I I ~ ì \ m I 0 \ ì I ~ \ . .......... .. ) I 2 3 4! 5 Lh R"'o'-a--d--/ Laguna Q) U L- Q) 0.. +-' 20 /9 /8 LL /7 /6 /5 /4 13 /2 // 2 3 4 5 I 6 I 7 8 I Indrio- Road ~ L o 0.. 8 7 6 5 4 o c o U v o z CG CN -0 o o ~ Q) ~ o ---1 3 >, o ~ ..c {J) I 2 9 /0 z ü u (J) {J) c ::::c o L ~ l.J.... Q.. l.J.... CG AG-1 CU 00-005 V/m This pattern indicates subject parcel Community Development Geographic Information Systems Map revised April 28, 2000 This map has been compiled for general planning and reference purposes only. N While fII/ef\j effort. has been made to provide the most cunent and accurate information possible. it is not intended 10( use as a legally binding document. Riverview Oil Company Self-Storage Land Use \.r' í í In Jennings ~! \ I I \\.\ D AI". "D /0 I 9 8 7 I 6 r / r > I I ~. , m I 0 \ \ I '< \ ì I 2 3 4 i 5 ~ 'R"o'-a--d--'/ Laguna a> u L- a> 0.... ........ 20 /9 /6 /5 /4 /3 /2 /I l..L I 8 9 2 3 4 5 6 I 7 /0 I Indrio _ Road ~ L- a 0.... "D o o 3: a> ~ a .....J 2 RS CU 00-005 ~ 7 / 7 / I This. pattern indicates u/ -.LLJ subject parcel ...., /5 8 7 v 6 0 z OM 5 0 4 c 0 u 3 >. a 2 3: ...c 0"1 ::r::: (f) 0"1 C ~ o ~ 3: COM lL. Q.. lL. Community Development Geographic Information Systems Map revised April 28, 2000 This map has been compiled for general planning and reference purposes onty. N While f!/IIefY effort has been made to provKie the most oment and accurate information possble, it is not intended for use as a legally binding document. ~_"m'1__^ , , I 1 ¡pi':::; ¡~.Oo i~!~ '.\OI'¡:" !,¡:.. ¡j ~ ¡ ! 10 I, !!j I j :-:; , 1 If I::! ¡E. o¡g j f/?, 101 I~ 1 101 ¡~.¡ la-I ,'"'1 ¡ '" "J;W:€'iJ- I>:> E3 :> «'II ,...., 5"' ::! ~ Izlt"" § I I G II>:> 1m 01<1 t"" >.f/? a.IS '1""1. >115 Is f/? 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"T1 "T1 l'l'!>l'l' .¡._.___._m_'~~~~, "~. <, v>,V>'Nc ltè!tèr6' I~!~' 18:~; i8'~ "T11,,"T1I"T1i l'l'il', "v> v>·Ni ·tètèV> VliVl't3' ;G;:G;~i :;I:O,c31 -.1;00·0- , i .W;';; 'tè!tè VI VI· '''''''''''',- 'N'N~ ......'...... io,o VI'VI· > " '0 -+~~·¡BI ,'-0''-0,'-0, 'VI,Vlio- _:_;0\ :N;N,6: _~_:O' Õ:1~18, t:;: ~ ~ ~"O ...~ = ., (JC ã ~~ ES. õ's. ., (1 (10 ~a ba 0= b æ. 0.... !.It'< \è~ OO~ I -< Q~ ° - I 0 0"CS ~a õ'g ., .... æ~ -< ~ ~ 0 .,~ :i. ., ~ ~ ~"CS ~ 0...· =~ (1= o õ' a ., "CS a ~ ~ = ~ '< 0 !:I:J= ~ !:I:J ~~ !:I:J;- S" a ~ rn (JC ~ ;, ¡; i¡ ¡, ~ ; ~ ; ~ --- '-' rsday, May 4,2000 ;1010 legal NoUces ST. LUCIE COUNTY BOARD OF COUNTY ; .:,,:/. COMMISSI~e~:·t::·' t':f~~UC\1EAR'NG·~Œ. :~:i..·' . .,......,MaYI6,2000,.... .... ~~"t"..:.,,\.... ";'1" ,~~," .~~. . :~~~... ,.:.t,.. .. ....",:t' TO wHoM rTMAŸ (:~CE~ . NâTlcË,t\~';"ý'. gl rdóncê'~~ ~':Þ.' A~(¡ÇI(~.:·-·Þ~. ,,:~C&Ie~c:dÎn , .·Wltf¡':IiM,~~O'ÌIsIOns :ci ".SL . Lucie Coùn!y ·Compi'ehenslve . ".....ft,JhotiÞe~~ ~ . ~~~~Jtí.~~ ' ~~~t;JáíY~ . .:.as IoIlows: . d.' . '. ì"'-";;~~~ . .. ..... ...>.t~~ Çhatige In .. ~.\ .' ~!RS--4IOZõñlng :.'6~ t.5~ih6\¡P.UD ZonIlIII.DIs- "1rIdfo( the IoIlowIng~ ~r:r::~'1/4~ ~sk 1/4 , 'of1lie SEI/4 öf ·Sèctioo. 20, To~hip 35 Souflt ·.Range 40 '. EaSt. 'less 1Iie. West 17.5Qfeet thereof and the HE 1/4 of the SE 1/40f~ Sf 1/4 of sold See- -Hon 20,1ess the West 161.80 feet of "·NOdh 269.« feêt and ·the East 40.bo~.;it)eî'eQ!: All . lying In S,t. Wde &:ìUri1t. f~ 'LESS ANDBCCEi'JING;¡,tþere .' from the North 284.66 feel of the A NE 1/4 of the SE 1/4 of the Sf IH·of soid Section 20, less the :.~.WðSt. 161.80 feet thèreof.LESS ,:AND . EXPECTING there from those lands desaibed in Officlol Reçocd 8001\ 0981, Page 1074, PubliC Records of SI. LucleCoun- !y, Florida, ..' (Tax 10, No,242(j~42-· 0001-000/1), .. . (Location: West side of SOuth 25th Street, approximately 900 feet north of Edwards Rood.) I~H ç' (,o~.., ,2\~~ T. Ryan and Wolter p, Rýãn, . to' define 0 Ckiss ~A' MobIle Home os O· Detached Single-Family Dwelling Unit In the AG-5 Zoning Dis1rld. Section 28 Township 35 Range 38 ': .N 1/2 ofNI/2of NEI/4 of : SE 1/4.-less Sneed Rood R/W & . .less:H 37 fT-(8.79 AQ(OR I.! 9+.9?2I.., . .' . (T OJ( IQ. t-!o. 2228..c fl-· . OOOI~/5) " (looaticxii. ~ ~'of the : ·lnhnedÞ\1 of,.5!MocI. ' ... . :N:s.tW~:'6ìiìàt~~·~ . "...vi.. ,. ,.,.~ , · i.ka; " 1<t'M,~ ,!fl '. .......:... ~Joc. 0 . Condi.:. ,,~!"'.. Use fP8iiiIIt'.:.. _.:.ô,:,.. ' .: "~da~': . · ~~ifywlthlnrOO fwI'of· · onothec·íuch.fodIify lII'thè·RS-4 . (ResIdentIo '. . ; , .J~ ¡ ... ~. Slnglè-famlly . -." . ~ UV¡aaé· ZOOIng 0IsIrIct·1II SL · lucie r_...... . desad;;'M 1 !or. the IoIIowing . property: Sheroto.n Plaza unit 2 RMlat lot 93 (óc27()"1I45) "':.';" I (Tax,ID.No. t.432-805- ,.; ·0093-000/9) (Locallon: 11 0 . Essex Drive) 4. Wayne Skinner ho~ petitioned foe Q. Chonge ...: Zoning from from . AG~2.5 (Agrlculiure, Residential-I unlt/25 OO'es) to RF (R~iglous fodllties ZÒnlng DlsfrId If) St. Lude ~ fa¡ ihe following desafbed property: Hattie Chamberlafn SID In 28 35 39rrads 1 & 2-leSs S 883.« fT - (6.80 Aq (OR 988-26861 (Tax 10. No. 2328·'5() 1-000 1- 000/8) . (too:itlon: SouttíeostÇ#rner óf ·the Intersection of'Ok~ R~ . and Eleven Mn&' Rood) . . .... ..--. f. t ~- l ,,-.,,~ \ <\J(J....l.._') "wtI ·:)f&~~~i~~:~~ ConditiOÌloI.USep&1idí~i ., ··~~~st((oge:fo3:!litffór. hold goods In the:CGT' - doI,. .<;eneco~ : :Z~!ir9 ',:Öldiid and .a.Moj~ Site Plan"op¡,rÒòiåi ,foe théprojedkrioW!\~.as à·;.Rlvëi~ view 0.1 Company'for: Ifi'e foi. IaWing desaibedproPeffY:' ,. . The east 956.06 feet.uöf thê:.Soutb 200.00 of lhe No,rth,.220.oo feet .. of the Northeast V. of theSåuth- eost V. of Se::tlon 14, Township 3. South, Range 39 East, Less the East 480.00 feet thereof, said parcel beingmo<epartÎCIJlorly desalbed os: ' Commencing at the northeast·cor- ner of sold Northeast V. Of the Southeast V. of .seétiÒn H, Townshlp~4 . South.,:Roñge· 39 ~ ,Eost;.Thenc:e nm,SO!Jfþ.~r36'39" West. (l1ong the V.:~~on line 0 distonc:e of ~:~','fhenœ . nmSouth OO"23·53"~Emt·a disc. ~. of·~.OQ)èêf~· ,,';poInt of .. . JIiØnc8·àxitlnUe South~~.~iá 'distånœ of 200.00, feef;T1i8ncê-.ruiI SÓUth 89"35'01~ West' 0 ·disiánCe. of 476.07 feel; Thlinœr\ïi¡, ~ 00'!23' 4S" west 0 diStàMe. of 200.00 feet to ~ ~ rlghi-of~ . way of~lndrIo Rood 'State Rood . 614); Thence Tun': North ·89"36'39" Eost·atonca ïóki ,right- ., of-way 0 distance of 476.06 féet . . to the point ofbeglMlng. : : .. Soid lands lying and, being In St. lucie County, FIortdo. . Sold Porcel contains 2.18 àcres, môrearless.:· ..' . (Tax id. No. 1314':"11· 0005-000/4) (location: SclUthskle oflndrlo Rood, approXimately 700 fe8t west of N~ KIngs HlgfiWoy)' .. A PUBLIC HEARING Will be held In the County Commission Cham- ben; 3rd floor of the Roger PòI- lras Administration Annex Bulld- Ing. 2300 Virginia Avenue, Fort Pierce, Florida on May 16, 2000, begiMlng at 7.:00 P.M. or os soon thereafter os possible. -. PURSUANT· TO· Section. 286.01 05, Florida. Statutes; If 0 persòn decides to' appeolany decision mode by 0 boord, agency, or commission with respect to any matter considered of 0 meeHng of hearing, he will need 0 re<:oed of the proceed- ings. and that, fa< such pIKpose. he may need to ensure that. 0 verbatim reca<d òI the proceed- Ing. is made, which recoed indudes the testimony and evI· dence upon which the appeal Is to be ba.ed. 80ARD OF COUNTY COMMISSIONERS Sf. LUCIE COUNTY, FLORIDA /5/ JOHN D. 8RUHN, CHAIRMAN PUBLISH DV~'~ 4, 2000 ~I ; ~J~\\ I (<!", \,,...: \.....:t' '-' .{-- . ....?U.....,.·........'.......U.UNA........""'.t' ......,................··..·U- . No. 1581 sr. UJCIE COUNTY BOARD OF COUN1Y COMMISSIONERS PUBUC HfARING AGENM May 16. 2OÒo TO WHOM IT MAY CONCERN: I NOncE Is hereby given In accordance wllh Secllon 1 i.00.03 of fhe SI. lucie County land DeveI9Pment. Code and In . accordance wllh the proVlslons~of Itìe St. ·lucle COUnty Comprehensive Plan, that Ihe.:followlng applicants have requested that the SI.:~ Courity Bôard of County CommIssIoners ~.theIr requests as ~ . ~ ,". '-"', :~'. , " . 1. Covenarit 'Proiect: Dè\'8Iopmønt.. CoIpocaIIon. for a ctiange.1n ZOnIng froni: the·· ~, to ZOnIng Disbtct 10 the P\JO ZonIng ~ for the following desatbed property: . f·.....~·;,~· .<'''' -. . . :..-.,':: ·AR of the tN{ 1/4~of JI:!e se, 1/4 of the se 1/4.qI SectIon 20, TownshIp 35SÇu111 Range 4Q ~.kiss the Wèst 17.50 feet thereof ood II\ÈfNE 1/4 of the· se·1/4 of the se 1/4 . of said SectIon 2O.Ie;sS'theWe$f 16UO~fe8t at the Norlh269.44 feel and !tie 'East 40.00 feet.If:IØr8ot..M·tytng InSt.luCIe <:ounty, FIoIIda.. lESS AND EXCEPI1t'(G IÞêretrom1he North 284.66 feel of the HE. 1/4 of.the se 1/4'Òfthê:se 1/4 at said SectIon 20. kiss the West 161.80 feet ltieréôt;' léss'ÅiÐ EXPECIING lhGie from Ihoselands descIIbed iO>è>tiiÇ¡a¡"RecO.d Book 0981. Page 1 074. PublIc Records of St. LuCIe, Cotri(, RoIIda. (TmcID. No.2420"442-OOO 1-00011). (location: West·· side at SOUth 25th street, approximately 900 feel nor1I1 of Edwards Road.) :. 2. Robert r. Rvanèinc:i WcNttP. ~ 10 define a Class ·A· = . MobIle Home as a Detached SIngIe-FamIIy Dwelling UnIt In ....: the ÞG-5 ZonIng Dlslllcl. for the following descrtbed ~. : property: :::.: Section 28 TownshIP 35 Range 38 N 112 of N 112 of NE 1/4 of se . 1/4-less Sneed Road RtN ð; less N 37 FT-(8.79 AC)(OR 1194-(92) (Tax 10. No. 2228-411-0001-00015) (I.ocaIIon: SOUthwest comet' of the intersection of Sneed Road and N.S.LW.M.D. Canal No. 68.) ..,. . 3. Belly WcmM'I, for a Conditional USe PermII 10 aDow the .... operation of a community residential facility within 100 feet "" of another such facØlly In the. RS-4 (ResIdential. SIngle-family _ - 4 dulacre) Zoning DIstrIct In st. lucie C9unty for the ·4"· foflowlng described proper1y: . - -~ - Sheraton Plaza unit 2 ~ lot 93 (or 270-1145) ~ : (Tax 10. No. 1432-805-0093-00019) !"- ::: (location: 110 Essex Drtve) - ""..,;:t~rt":.¡:\'.~' . f: ~·t ,;.;.... ;-;~. /..T> '-Il"';~ ~d'. i ~~ ( f..:4. Warne SIdi1..¡as peiiflonêd for. a ~ h~Zor;N:1ièim . ;~. from AG-2~e.ResldenIial-1 unIII2.5.acreslilo"Rf: . '. (ReIigIoUS'FacUifies) ZonIng DIstrict ~ SI. lucie Countyfor:¡¡,e ::. foUowlng described pr~ .' . ,.:'~ ¡-, :'. ;~. HàItIe CharnbertaIn SID In 28 35 39 Tfacls 1 &. 2-less· S 88j~44 1...: FT - (6.80 AC) (OR 988-2686) ~~-# :~: (TaxlD. No. 2328-501-0001-00(18) ;^' :. (loCOIion: Southeast comef of the Inlem3Clion of Okeechobee Road and Eleven Mile Road) -. ::- : 5. RIveMew 01 ~, Inc.. for a 12-month extension of a ..: . Cond1tIonaI USe Pem1II 10 allow a seIf-storage facllilý for ...: . hausehoId goods In the .CG (CommercIal. General) ZOnIng ;.,: DIstrIct ood a Major SIte Plan approval for the proecllcnown < . . as a RIveIvIew 01 Company for the ~ ~ ~~~.. pr~. . .' - .. . ;'. . ;,;;. The east956n6 feel at the South 200.00 of the. North 220.00 -. - feel of the Northeast 1/4 of the SouIheasI 1/~ Of SectIon .14. ~: ~ 34· South. Range 39 East, less the· EOst480.ÒO' feet· ..... thereof. said pcircef. betng more particularly descrI>ed as: .. ..' , '." ~. CornmencInÍ:Jalthe.northeast comer. at ~ ~ 1/4· of ~ the SouIhØast ·1/4 If SecIIon 14. TownshIp 34 SauIh; 'Rarige ·'39 ¡ 1:· EoS!: Ìhence MI south 89"36'39." West.atong the1/~ ~ ~' .. lne'a distance of 480.00 feel; 1tienCe MI SOUth 0tr23 53; EaSt . 1; ·a·dIstance Of 20.00 feel 10 the point of begImIng:JhenoØ conllnue SOUth 00"23'53' East a dIsfance of 200.00. feet;. .... ThenCe MI. south ·89"35'01' West a distance at 476.fJ7fee1; :: 1henCèMl NOrih 00"23'48· West a distance at 200.00 feet.1o -:. theSoulh right-of-way of IndIIo Road (Slate Road ·614); ~.. . :: MI:Nor1h 89'36'39' EaSt aiong said dght-of-way a dIsIancê·of· AI 476.06 feet 10 the potnf at beginning. ..: SaId lands Iytng ood betng In st. lucie County; FlorIda. SaId Parcel contains 2.18 acres. more or less. (Tax let No. 1314-411-0005-00O(4) (locaIion: South side of Indrio Road. approximately 700 feel west of North KIngs HighWay) .... A PUBUC HEARING wit· be held In the eouniv Commission 5.' Chambers. Jrd ftoor of the Roger l'oIIras Administration AMex ..- BuIldIng, 2300 Virginia Avenue; Fort PIerce. FIcxIda on May 16, 2000. begInr\In!¡ at 7:00 P.M. or as soon thereafter as pOSSIble. h: ;;.. ~ . I'URSlIANT TO Section 286.0105. FIortda statutes; If a person : ~ to appeal any decision made by a board;.~, _. or commIssIonwfth. respect 10 any mattE!fconslder~ al: a meelingor heártng. he wit need' a record of the proceedIngS. ~ and thai, for such purpose, he may need 10 ï"l'Iuelha(a ".' verbatim record of the proceedings Is made, wfÌlchreêòld ~. Includes thetesflmonv and evlcfence upon which the appeal ~< Is 10 be based. . f· $" . BOARD OF COUNIY COMMISSIONERS ,r,;: sr. LUCIE COUN1Y. flORIDA : ISI JOHN D. BRUHN. CHAIRMAN : Publish: May 4. 2000 \,.¡; : ,; "'¡ t.:\.J.· _.,d "''''''~' .r;:; ~~ 5J~ I Cere) AGENDA REOUEST ...",., ITEM NO. SD '-' DATE: May 16, 2000 REGULAR [ ] PUBLIC HEARING [X] CONSENT [ ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Ordinance No. 00-19 - Amending Chapter 1-17, Article II (Street Lighting District) BACKGROUND: See attached memorandum CA 00-669 FUNDS AVAILABLE: N/ A PREVIOUS BOARD ACTION: On May 2, 2000, the Board of County Commissioners authorized staff to advertise a May 16, 2000 public hearing to consider the adoption of proposed Ordinance No. 00-19. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt proposed Ordinance No. 00-19 amending Chapter 1-17, Article II (Street Lighting District) of the St. Lucie County Code of Ordinances and Compiled Laws. PC] APPROVED [] DENIED [ ] OTHER: CE: COMMISSION ACTION: County Attorney: :J/ Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-669 DATE: May 5, 2000 SUBJECT: Ordinance No. 00-19 - Amending Chapter 1-17, Article II (Street Lighting District) BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 00-19 which would amend Chapter 1-17, Article II (Street Lighting District) of the St. Lucie County Code of Ordinances and Compiled Laws. The current ordinance requires both a public hearing and an election of the benefitted property owners in order to create a street lighting district. The proposed ordinance would amend Section 1-17 -17 (d) to add a requirement for mailed notice of the public hearing to all recorded title owners to any property which would be assessed under the proposed district. In addition, Section 1-17-17(f) would be amended to change the method of assessment from an ad valorem basis to an equal basis for all affected properties. This would appear more appropriate given the nature of the benefit provided. Finally, Section 1-17-17(h)would be added to permit the Board to waive the election requirement in order to avoid unnecessary delay and expense in instances when the petition has been signed by a majority of the record title holders in the proposed district. As an alternative to providing for waiver of the election, the Board may wish to consider eliminating the election requirement given the opportunity for property owners to express their opinions regarding a proposed district through the petition and the public hearing process. Notice of the May 16, 2000 public hearing was published in The Tribune on May 5, 2000. CONCLUSION/RECOMMENDA TION: Staffrecornmendsthat the Board of County Commissioners adopt proposed Ordinance No. 00-19 amending Chapter 1-17, Article II (Street Lighting District) of the St. Lucie County Code of Ordinances and Compiled Laws. Respectfully submitted, H~O~ Assistant County Attorney Attachment HY/ Copies to: '-' ..", County Administrator Public Works Director Finance Director Management and Budget Manager MSBU Coordinator Property Appraiser Tax Collector Deputy Clerk '-' ...." ORDINANCE NO. 2000-19 AN ORDINANCE AMENDING CHAPTER 1-17, ARTICLE II "STREET LIGHTING DISTRICT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-17-17 (SAME-PROCEEDINGS) TO PROVIDE FOR NOTICE TO THE RECORD TITLE HOLDERS; FURTHER AMENDING SECTION 1-17-17 TO PROVIDE FOR ASSESSMENT ON AN EQUAL BASIS RATHER THAN ASSESSMENT ON AN AD VALOREM BASIS; FURTHER AMENDING SECTION 1-17-17 (SAME- PROCEEDINGS) TO PROVIDE FOR WAIVER OF THE REQUIREMENT FOR AN ELECTION TO ESTABLISH A STREET LIGHTING DISTRICT; AMENDING SECTION 1- 17-18 (VIOLATION AND CONFIRMATION OF CREATION) FOR CLARIFICATION; AMENDING SECTION 1-17-20 (ANNUAL ASSESSMENTS) TO PROVIDE FOR ASSESSMENT ON AN EQUAL BASIS RATHER THAN ON AN AD VALOREM BASIS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. Section I25.0I(1)(q), Florida Statutes, provides for the Board to create special municipal service taxing or benefit units for any part or all of the unincorporated areas of the County to provide various services, including street lighting. 2. On May 23,1972, the Board adopted Ordinance No. 72-2 which created Chapter 1- 17, Article II of the St. Lucie County Code of Ordinances and Compiled Laws to provide for the establishment of street lighting districts in the unincorporated areas of the County. 3. Section 1-17-17 provides for a special assessment on all real property within a street lighting district on an ad valorem basis. Struck through words are deleted. Underlined words are added. 1 '-' .."", 4. Given the nature of the benefit provided by street lighting, it would appear more appropriate to assess the benefitted properties on equal basis derived from the actual cost of providing the service rather than the assessed value of the benefitted property. 5. Section 1-17-17 further provides for a special election of qualified electors in a proposed street lighting district following preliminary approval by the Board to detennine whether to create the district. . 6. In light of the opportunities available for affected property owners to express their desires with regard to the creation of a street lighting district through the petition and public hearing process, it would appear appropriate to authorize the Board to waive the election requirement where it detennines that the petition for creation of the proposed district has been signed by a majority of the record title holders. NOW, THEREFORE, BE IT ORDAINED by the Board of County CommissionersofSt. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-17-17 ("SAME-PROCEEDINGS") OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-17-17 ("Same-Proceedings") of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-17-17. Same-Proceedings. The proceedings for the creation and establishment of a district authorized by this article shall be as follows: (a) There shall be filed with the board of county commissioners, hereinafter called the board, a petition for the creation of such district and for the levy of special assessments under the provisions of this article to pay the cost of the improvements an special services to be furnished by such street lighting district. Such petition shall be signed by the owners of not less than fifteen (15) percent of the lots within the boundaries of the proposed district. Opposite each such signature there shall be inserted the post office address and a brief reference to the real property within the proposed district which is owned by such signer. For the purposes of such petition, the signature of any person holding a fee interest in the property shall be sufficient, and either the signature of the husband or the wife shall be sufficient in cases where Stmek through words are deleted. Underlined words are added. 2 '-' ..., the property is owned by both husband and wife. The rights of mortgagees and lienors shall not be considered. Such petition shall also set forth: (1) The proposed boundaries of the district, which shall not include any territory within the corporate limits of any municipality, an a request that a special street lighting improvement service district be created and established under the provisions of this article embracing the territory within such boundaries. (2) A brief description of any improvements to be acquired, leased or installed an estimate of the cost thereof. (b) Upon receipt of any petition, the board shall refer the same to the county tffiç assessor property appraiser. At the earliest practicable date, the tax assessor property appraiser shall examine such petition and indicate thereon any signers who are not owners of real property in the proposed district and file with the board a report setting forth the total number of lots within the boundaries of the proposed district and the number thereof whose owners have signed such petition. (c) If such reports shall show that the petition has been properly signed, the county administrator engineer shall make or cause to be made such surveys and investigations as he may deem necessary and thereupon file with the board his report, accompanied by a map and other pertinent data, setting forth: (1) The boundaries of the proposed district as set forth in the petition and his recommendations as to any territory within such boundaries which should be excluded from the district because of the disproportionate cost of providing for such territory the improvements or special services petitioned for or for any other reason; (2) The location or locations of any improvements to be acquired, leased or installed; (3) His The estimate4 öfthe cost of such improvements; and, (4) His The estimate4 ßfthe annual expense of operating any such improvements and of providing such special services. (d) If it shall appear to the board from such report of the county administrator engineer and from such other investigations as the board may make or cause to be made, that the improvements and services petitioned for would be of special benefit to all real property within the proposed district and that the cost of providing such improvements and special services would not be in excess of such special benefit, the Struck through words are deleted. Underlined words are added. 3 ~ .....,; board shall fix the place and date and hour for a public hearing, and publish once in a daily newspaper published and having a general circulation in the county a notice stating that at a meeting of the board at such -place and at such date and hour, not earlier than tcn (10) twenty-one (21) days from the date of such publication, the board will hear any objections of interested persons to the granting of such petition, which notice shall set forth a copy of the petition, excluding signatures, and brief summaries ofthe report of the tax assessor property appraiser, and of the report and recommendations of the county administrator. In addition. notice shall be mailed to the record title holder of any property to be specially assessed at least fourteen (14) days prior to the date of the public hearing. The mailed notice shall include a brief description of the proi ect. the proposed action to be taken by the board and the time. date and place of the hearing. (e) At the time and place stated in such notice, or at the time to which an adjournment may be taken by the board, the board shall receive and hear any objections of interested persons to the creation and establishment of the proposed district, the boundaries thereof, the special services to be provided, any improvements to be acquired, leased or installed, or the levy of special assessments therefor, or to any defect in the petition or the proceedings theretofore taken, or which question any of the powers ofthe board under the provisions of this article. The board may then or thereafter grant such petition with such modifications, if any, it may deem advisable and which do not enlarge the boundaries of the district or change the general type or character of the improvements or special services to be provided. All such objections shall be made in writing, in person or by attorney, and filed with the board at or before the time or adjourned time of such hearing. Any such objections not so made shall be considered as waived. (f) If the board shall, after such hearing, find that the improvements and special services to be provided shall be of special benefit to all real property within the boundaries of such district, that the cost of providing such improvements and services shall not be in excess of such special benefits, that the apportionment of such cost by the levy of special assessments on the taxable 'value of all real property in the district, on all ad valorem basis 'v"v'ould be in proportion to sueh in proportion to the benefits to the properties specially benefitted by such improvements, and that the creation and establishment of such district would be in the public interest, it shall adopt a resolution reciting the proceedings theretofore taken and providing for the creation and establishment of the district. Such resolution shall set forth the following: Struck through words are deleted. Underlined words are added. 4 ~ ...., (1) The name or designation by which the district shall be known, such as "Special Improvement Service District No. of St. Lucie County, Florida;" (2) The boundaries of the district; (3) The special services to be provided in the district; (4) If any improvements are to be acquired, leased in installed in order to provide for such special services, a brief description thereof and the amount of cost of such improvements and the estimated amount required annually to pay the cost of operating such improvements or, if no improvements are to be acquired, leased or installed, the estimated annual cost of providing such special services; (5) The maximum annual assessment pcr one thousand dollars ($1,000.00) or fraction thcreof of asscssed value on the taxable value of all real property in the district, that will be necessary to finance such special services. (g} Such resolution shall also provide for the calling and holding of a special election in the district at which there shall be submitted to the qualified electors residing in the district the proposition whether such district shall be created and established and the improvements and special services set forth in such resolution financed as therein provided. A copy of such resolution shall be set forth in the notice of such special election. Such special election shall be called, noticed and conducted and the result thereof detennined and declared in such manner as may be provided by the board, and may be held at the same time that any general or primary election is held or at any other time as shall be fixed by the board, anything in any law to the contrary not withstanding. The question submitted shall be substantially in the following fonn: "Shall Special Improvement District No. of St. Lucie County, Florida, be created and established and the improvements and special services set forth in resolution adopted by the Board of County Commissioners of St. Lucie County on , +9 , be financed as provide in said resolution?" .Qù In the event the board detennines that the petition has been signed by a majority of the record title holders of property within the proposed district. the board may waive the election requirement set forth in Section 1-17 -17(g). In such instance. the resolution adopted pursuant to Section 1-17-17(f) shall indicate that the board has waived the election requirement and provide for the creation and establishment of the district without further action. Struek through words are deleted. Underlined words are added. 5 '-" ...., PART B. AMENDING OF SECTION 1-17-18 ("VIOLATION AND CONFIRMATION OF CREATION") OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA. Section 1-17-18 ("'Violation and confinnation of creation) is hereby amended to read as follows: Section 1-17-18. Violation and confirmation of creation. If an election is conductedpursuantto Section 1-17-17(g) and a majority of the votes cast at the election provided for ili sectioli 1 17 17 of this article by qualified electors residing in the district shall approve the proposal submitted at such election; the board shall adopt a resolution validating and confinningthe creation of the district proposed by such election and authorizing the levy of the special assessments provided for in such section. PART C. AMENDMENT OF SECTION 1-17-20 ("ANNUAL ASSESSMENTS") OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-17-20 ("'Annual Assessments") of the S1. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-17-20. Annual Assessments. In each year, before the levy of county taxes, the board shall detennine the amount required in the following fiscal year, in addition to the funds then available and to become available for such purposes to pay the expenses of furnishing the special services for which the district authorized by this article was created, and the amount so detennined shall be specifically assessed upon the taxa-ble '¡alue of all real property within the district ili proportioli to the asscsscd 'valuatioli of such rcal property on a pro rata basis. Such special assessments shall be extended and collected at the same time and in the same manner as county taxes are levied and collected, and shall have the same priority rights, bear interest, be subject to penalties, and be treated the same as county taxes. The proceeds of such special assessments shall, when collected, be deposited with such depositories as shall be designated by the board and applied only to the purpose or purposes for which they were assessed. PART D CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of S1. Lucie County, and adopted prior to January 1, 1969, S1. Lucie County ordinances and S1. Lucie County Struck through words are deleted. Underlined words are added. 6 '-' ..., resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART E. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect on the date of adoption. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts D through H shall not be codified. PASSED AND DULY ADOPTED this XX day of XX, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: DEPUTY CLERK CHAIRMAN Struck through words are deleted. Underlined words are added. 7 '-' ..., APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY g:\atty\ordnance\2000\OO-19. wpd Struck through words are deleted. Underlined words are added. 8 " . ¡--' '-J(GENDA REQUEST ITEM~O. 3 r( ../l"rH N ~ \..1 ! b .2-- 0 () '0 DATE: iKai:Ch-25,2000 REGULAR [ : J PUBLIC HEARING þ( CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman, Esquire Bond Counsel SUBJECT: Florida Power & Light Company Bond Refunding - Resolution No. 00-86 BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00-86 as drafted. [2g APPROVED [ ] DENIED [ ] OTHER: ouglas Anderson County Administrator COMMISSION ACTION: County Attorney: ~. . l" J ~ / ~6 Review and Approvals Management & Budget Purchasing: Other: Other: Originating Dept. Finance: (Check for Copy only, if applicable) Eff. 5/96 . . ~ ...." . , ~,ø/~~.ø~ L.L.P. ~~d~ ð?U C~ ~~ /euU ~/(}() ~~5 ~~ /~ ~J y~ ,y~~(}~ M.EMORANDUM y~ (.90//) .Y5.Y- aô// y~ (.90//) .Y5ô-¿.9aô FROM: Chainnan and Members of the Board of County Commissioners of St. Lucie County, Florida Robert O. Freeman()¡}J:;- Alexandra M. MacLennan Squire, Sanders & Dempsey, Bond Counsel TO: DATE: April 17, 2000 RE: St. Lucie County, Florida Florida Power & Light Company Bond Refunding Background. St. Lucie County, Florida (the "County") has previously issued its Pollution Control Revenue Refunding Bonds (Florida Power & Light Company Project), Series 1992, dated May 28, 1992, Series 1993, dated July 27,1993, Series 1994A, dated July 12, 1994, Series 1994B, dated July 12, 1994, and Series 1995, dated March 7, 1995, and its Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1990, dated June 15, 1990, Series 1991, dated August 1, 1991, Series 1992, dated May 28, 1992, and Series 1993, dated July 1, 1993 (collectively, the "Outstanding Bonds"), to assist Florida Power & Light Company ("FPL") in financing and refinancing a portion of the costs of its undivided ownership interest in the acquisition, installation and construction of air and water pollution control and sewage and solid waste disposal facilities (collectively, the "Project"), at the St. Lucie Electrical Generating Plant, located on Hutchinson Island, St. Lucie County. FPL is requesting the County refinance all or a portion of the Outstanding Bonds through the issuance over the next three years of Pollution Control Revenue Refunding Bonds and Solid Waste Disposal Revenue Refunding Bonds in an aggregate principal amount not to exceed $315,000,000, which is the outstanding principal amount of the Outstanding Bonds. 5046VI!28902-00088/M-BOARD FOR TEFRA g¡j~ . g¡j~ . g¡j~. ~hekuI. ~~ . ~ . ~ . vl(ad,d ~..~. JÝu« qy~. 9~. 9~. 'Yf~ ~ , . '-' ~ i . ~,ø/~~ø~ LL.P. At the Board meeting on March 21, 2000, the Board consented to the publication of the notice of public hearing for purposes of the Internal Revenue Code of 1986, as amended (the "Code"), which requires a public hearing (the "TEFRA" hearing) on the location of the Project, the plan of finance and the issuance of the bonds. Requested Action. Consideration by the Board of a TEFRA resolution approving the issuance of the bonds after the public hearing for purposes of the Code. Effect of the Requested Action. The proposed TEFRA resolution approves the plan of finance for the refinancing of all or a portion of the Outstanding Bonds pursuant to Section 147(t) of the Code. Approval of the TEFRA resolution will not bind the County to issue any bonds for the proposed refunding. The final approval of the issuance of bonds for the purpose of refinancing the Outstanding Bonds will be at the County's discretion upon further request by FPL. The bonds, if issued, will not constitute a debt or liability of the County, the State of Florida, or any political subdivision thereof, but will be payable from and secured solely by payments by FPL under a Loan Agreement to be entered into with the County at the time of issuance of the bonds. 5046VII28902-00088/M-BOARD FOR TEFRA ~ ..,,¡ RESOLUTION NO. 00-86 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING, PURSUANT TO THE REQUIREMENTS OF SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, THE ISSUANCE OF NOT EXCEEDING $315,000,000 REVENUE REFUNDING BONDS ON BEHALF OF FLORIDA POWER & LIGHT COMPANY PURSUANT TO A PLAN OF FINANCING; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Findings. A. Pursuant to Chapter 159, Part II, Florida Statutes (the "Act"), the Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), has been requested by Florida Power & Light Company ("FPL"), to approve, for purposes set forth herein, a plan of finance for the issuance of its revenue refunding bonds in one or more series (the "Bonds"), the proceeds of which will be loaned to FPL to enable FPL to refinance all or a portion of the County's outstanding Pollution Control Revenue Refunding Bonds (Florida Power & Light Company Project), Series 1992, dated May 28, 1992, Series 1993, dated Ju1y 27, 1993, Series 1994A, dated July 12,1994, Series 1994B, dated July 12, 1994, and Series 1995, dated March 7,1995, and Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1990, dated June 15, 1990, Series 1991, dated August I, 1991, Series 1992, dated May 28, 1992, and Series 1993, dated July 1, 1993, previously issued to assist FPL in financing a portion of the costs of its undivided ownership interest in the acquisition, installation and construction of certain air and water pollution control and sewage and solid waste disposal facilities (collectively, the "Project"), at the Company's St. Lucie Electrical Generating Plant in the County. B. The approval requested by FPL is to comply with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), which section requires the approval by the Board of the issuance of the Bonds after a public hearing on the matter has been held. C. The Board on the date hereof has held a public hearing pursuant to notice duly published pursuant to the public approval requirements of Section 147(f) of the Code. A copy of the proof of publication of the notice is attached hereto as Exhibit A. Section 2. Public Hearing Held. The Board, on this date, has held a duly called and convened public hearing pursuant to the provisions and upon the terms and conditions set forth in Section 147(f) of the Code. Anyone who wanted to speak for or against the refinancing of the Project, and the issuance of the Bonds was given an opportunity to do so. Section 3. Approval Of Bonds. The issuance of the Bonds pursuant to a plan of financing is hereby approved for purposes of Section 147(f) of the Code. · . '-' ..." Section 4. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a meeting duly called and held this 25th day of April, 2000. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chainnan, Board of County Commissioners By: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORREC1NESS: By: County Attorney 2 5044v 1/28902·00088/R· TEFRA .. .- 5044v 1/28902-00088/R- TEFRA '-' Exhibit A Proof of Publication of Notice '" .) ..." .. "-' BRENDA A. MILLER, LEGAL ASSIST ANT SQUIRE, SANDERS & DEMPSEY L.L.P. 225 WATER STREET, SUITE 2100 JACKSONVILLE, FLORIDA 32202 TH~R.BUNE P.O. Box 69 Fort Pierce. St. Lucie County. Ronda 34954-0069 ST ATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally Lynn Ferraro, or Cathi Revels, who on oath says that he/she is general manager, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a NOTICE OF PUBLIC HEARING in the matter of proposed plan of financing, etc. was published in said newspaper in the issues of April 10, 2000 Affiant further says that The Tribune is a newspaper published at Fort Pierce. in said St. Lucie County. Florida. and that the said newspaper has heretofore been continuously published in St. Lucie County. Florida, each day and has been entered as second class mail matter at the post office in Fort Pierce. in said St. Lucie County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person. finn or corporation any discount. rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. S d b ·b f A '110 2000'-"---'·òV"~'-"'.'""~'-~""'~'~·'~-'_·'-'-";~ WŒ;0 an su scn ed b, e O,reme prI , '.., "'-_",-'~,,".-',,. .,:: 'J.""::. .':i::.. ". .î ~. I), IfÝ~<? Lu.' .':-.: :',:.~' "J j.. . L{i\/\. '4-( A A 1 ,( /l r:~~,,~;~,_·~,'.':-;:' ""1 .t.·....,.¡ .:,~,.. ..~.-.-',.:.~).- : /) . ¿.¿ -cSi' !<,,<. ".';.}./ :'0. .,':..'."..' I 1. . /1 ¡f,. Î r . ',.-". " .. " ,', · CK,Ltu / /)/'Vf'U. /Yll"-) 4?! '-..--.,. e...',". ,,,;, ,. ...... ~ ~¡¡___.....~...,..;\<;'..._.~."I.o.;.,....:x_:..,,'.-',J'_'"'....:........·,\o;·.....~ Notary Public "WI No. 5037 NOTICE OF PUBUC HEARING NOTICE IS HEREBY GMN, that on Tuesday, April 25. 2000, a public hearing will be held by the Board ot County Commissioners ot St. Lucie County, Florida (the "Issuer") in the County Commission Chambers in the Roger Poitras Administration Annex. 2300 Virginia Avenue, Fort Pierce, Florida, commencing at 9:00 a.m., E.S.T" or as soon thereafter as the matter may be heard, with respect to the proposed plan ot financing which contemplates the issuance by the Issuer in one or more series over the next 3 years of not exceeding $315.000,000 in aggregate prlncipol amount of revenue retunding bonds (the "Bonds") to enable Florida Power &. Light Company (the "Company") to refinance all or a portion of the Issuer's outstanding Pollufion Control Revenue Refunding Bonds (Florida Power &. Light Company Project), Series 1992, dated May 28. 1992. Series 1993, dated July 27, 1993, Series 1994A, dated July 12, 1994. Series 1994B, dated July 12. 1994, and Series 1995, dated March 7, 1995. and Solid Waste· Disposal Revenue Bonds. (Florida Power &. Light Company Project), Series 1990. dated June 15. 1990, Series 1991. dated August 1, 1991, Series 1992, dated May2B, 1992, and Series 1993. dated July 1, 1993. previously Issued to assist the Company In. tlnanclng a portion ot the costs of Its undivided ownership intelØst in the acquisition, Installation and construction ofulr and water. pollution control and .sewage and. solid waste disposal tacilltles (the "Project"), at the St, Lucie Electrical Generating Plant. located on Hutchinson Island. St. Lucie County, .6~01 S. AlA. Jensen Beach, Florida 34597. The Company Is the initial and current owner ot an undivided ownership inlerest In the Project and Is also the initial and current operator and manager of the Project, 'he Bonds~l\ not be a debt, liability or obligation ot the Issuer or of the State ot Florida or of any political subdivision thereaf. but shall be payable solely from payments derived from the·operation of the Project and other available revenues of the Company. Persons wishing to express their views regarding the proposed plan of financing and the issuance of the Bands may appear at the hearing or may submit their views in writing. Written comments should be submitted to thè Issuer at 2300 VIrginia Avenue, Fort Pierce, Florida 34982. Attention: County Attorney, and should be mailed In sufficient time to be received before April 25, 2000, the date of the hearing. Should any person decide to appeal any decision made by. the Issuer at this hearing, he or she will need a record of the proceedings and he or she may need to assure that a verbatim record ot the proceedings be made, which record includes the tesfimony and evidence upon which the appeal is to be heard. Immediately atter the hearing, the Issuer will approve or disapprove the issuance of the Bonds. Any person requiring reasonable accommodation at this meeting because of a disability or physical impairment should contact the SI. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least 48 hours prior to the meeting. BOARD OF COUNIY COMMISSIONERS OF S1 LUCIE COUNTY, FLORIDA THIS NOTICE IS DATED THIS 101h DAY OF APRIL, 2000. SUBMmED BY Daniel S. Mcintyre, County Attorney Publish: April 10, 2000 :--~~., . I) ( " 'J\ \... y '-' AGENDA REQUEST ITEM~O. fr;A DATE: May 16, 2000 REGULAR [.~] PUBLIC HEARING CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Robert O. Freeman Bond Counsel SUBJECT: Resolution No. 00-94 - St. Lucie County, Florida - Florida Power & Light Company Bond Refunding BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 00-94 as drafted. [Xj APPROVED [ ] DENIED [ ] OTHER: ouglas Anderson County Administrator COMMISSION ACTION: County Attorney: .k Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ...." ~,ø/~[þø~ LL.P. MEMORANDUM TO: Chairman and Members of the Board of County Commissioners of St. Lucie County, Florida DATE: May 8, 2000 I \~;'ì _~_Q;- G i! l t U ) ~ , !¡ r\\ \ MAY 9 2000 j '·~'-1 .J - ¡ COUNTY ATTORNEY FROM: Robert O. Freeman r"J I I Alexandra M. MacLenn~ Squire, Sanders & Dempsey, Bond Counsel RE: St. Lucie County, Florida Florida Power & Light Company Bond Refunding Background. St. Lucie County, Florida (the "County") has previously issued its Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1990, dated June 15, 1990, Series 1991, dated August 1, 1991, Series 1992, dated May 28, 1992, and Series 1993, dated July 1, 1993 (the "Outstanding Solid Waste Bonds"), to assist Florida Power & Light Company ("FPL") in financing a portion of the costs of its undivided ownership interest in the acquisition, installation and construction of solid waste disposal facilities (collectively, the "Project"), at the St. Lucie Electrical Generating Plant, located on Hutchinson Island, St. Lucie County. FPL has previously requested that the Board approve a plan of finance that would provide for the refinancing of all outstanding FPL bonds issued by the County, including the Outstanding Solid Waste Bonds. This plan of finance was the subject of a public hearing held April 25, 2000, at which meeting the matter was continued to a later date. After concluding the public hearing, if the Board determines to approve the plan of finance, FPL is requesting the Board's approval to move forward with the first of the refunding transactions. Specifically, if the plan of finance is approved, FPL is requesting the County refinance all or a portion of the Outstanding Solid Waste Bonds through the issuance at this time of Solid Waste Disposal Revenue Refunding Bonds, Series 2000 in an aggregate principal amount of not to exceed $70,735,000, which is the outstanding principal amount of the Outstanding Solid Waste Bonds. This first issuance includes the refunding and redemption of all of the outstanding Series 1990 Bonds and Series 1993 Bonds. Additionally, if the matter is approved by the Board, FPL will formally offer to purchase outstanding Series 1991 Bonds and Series 1992 Bonds, which are not currently callable. Holders of these bonds who accept the offer from FPL (which will include a '-' 'wi premium based upon market conditions at the time) will have their bonds purchased and cancelled on the date of issuance of the Series 2000 Bonds. The amount of the Series 2000 Bonds actually issued is limited to the principal amount of the Outstanding Solid Waste Bonds to be refunded (either through redemption of purchase by FPL). Requested Action. If the Board approves the plan of finance discussed at prior Board meetings, consideration by the Board of a resolution authorizing the issuance of not exceeding $70,735,000 Solid Waste Disposal Revenue Refunding Bonds (Florida Power & Light Company Project), Series 2000 (the "Series 2000 Solid Waste Bonds"), for the purpose of refunding the Outstanding Solid Waste Disposal Bonds. Effect of the Requested Action. The proposed resolution authorizes the issuance of the Series 2000 Solid Waste Bonds for the purpose of refinancing the Outstanding Solid Waste Disposal Bonds to be issued at this time. The authorization of the Series 2000 Solid Waste Bonds includes authorization to enter into a Loan Agreement with FPL and a Trust Indenture with The Bank of New York and other agreements necessary in connection with the issuance of the Series 2000 Solid Waste Bonds. The resolution provides full authority for the issuance of the Series 2000 Solid Waste Bonds only. Any subsequent request by FPL with respect to other aspects of the plan of finance will require further Board action. The issuance of this type of bond does not require a private activity bond volume cap allocation from the State of Florida. The bonds, if issued, will not constitute a debt or liability of the County, the State of Florida, or any political subdivision thereof, but will be payable from and secured solely by payments by FPL under a Loan Agreement to be entered into with the County at the time of issuance of the bonds. 2 5178VI/28902-00088/M-BOARD AUTH '-' .."" RESOLUTION NO. 00- q4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AUTHORIZING THE ISSUANCE OF ST. LUCIE COUNTY, FLORIDA SOLID WASTE DISPOSAL REVENUE REFUNDING BONDS (FLORIDA POWER & LIGHT COMP ANY PROÆCT), SERIES 2000, OF THE COUNTY (THE "SERIES 2000 BONDS"), IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING $70,735,000 FOR THE PURPOSE OF REFUNDING BONDS PREVIOUSLY ISSUED BY THE COUNTY TO FINANCE A PORTION OF THE COST OF THE ACQUISITION, INSTALLATION AND CONSTRUCTION OF SOLID WASTE DISPOSAL F ACILITIES AT THE ST. LUCIE ELECTRICAL GENERATING PLANT, AN UNDIVIDED INTEREST IN WHICH IS OWNED BY FLORIDA POWER & LIGHT COMPANY ("FPL"), LOCATED WITHIN ST. LUCIE COUNTY, FLORIDA; PROVIDING THAT THE SERIES 2000 BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF THE COUNTY, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION THEREOF, BUT SHALL BE PAYABLE SOLELY FROM THE REVENUES PROVIDED THEREFOR; FINDING THE NECESSITY FOR A NEGOTIATED SALE OF THE SERIES 2000 BONDS; PROVIDING FOR THE SALE OF THE SERIES 2000 BONDS PURSUANT TO AN UNDERWRITING AGREEMENT; APPROVING AND AUTHORIZING THE ACCEPTANCE OF A LETTER OF REPRESENTATION FROM FPL; AUTHORIZING THE USE AND DISTRIBUTION OF AN OFFICIAL STATEMENT RELATING TO THE SERIES 2000 BONDS; AUTHORIZING THE EXECUTION AND DELIVERY OF CERTAIN DOCUMENTS IN CONNECTION WITH THE DELIVERY OF THE SERIES 2000 BONDS; PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION WITH THE DELIVERY OF THE SERIES 2000 BONDS; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: SECTION 1. Findings. The Board of County Commissioners (the "Board") of St. Lucie County, Florida (the "County"), hereby finds, determines and declares that: (a) The County is a political subdivision of the State of Florida, and is a "local agency" as defined in Chapter 159, Part II, Florida Statutes, as amended (the "Act"). As such, the County is authorized to finance and refinance capital projects for the public purposes described in, and in the manner provided by the Act, and to issue its revenue bonds payable solely from revenues derived from the sale, operation or leasing of capital projects or from other payments received under financing agreements with respect thereto, for the purpose of financing or refinancing the Cost of the construction of improvements, additions, extensions or enlargements to the project. '-' ...." (b) The County has previously approved, (i) pursuant to Resolution No. 90-180 adopted on June 19, 1990, the issuance of $9,835,000 Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1990, dated June 15, 1990, (ii) pursuant to Resolution No. 91- 145 adopted on May 21, 1991, as amended, the issuance of $32,985,000 Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1991, dated August 1, 1991, (iii) pursuant to Resolution No. 92-134 adopted on May 5, 1992, the issuance of $12,015,000 Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1992, dated as of May 1, 1992, and (iv) pursuant to Resolution No. 93-149 adopted on July 13, 1993, the issuance of $16,500,000 Solid Waste Disposal Revenue Bonds (Florida Power & Light Company Project), Series 1993, dated July 1, 1993 (collectively, the "Prior Bonds"), the proceeds of which were used to assist Florida Power & Light Company ("FPL") in financing a portion of the Cost (as defined in the Act) of the acquisition, installation and construction of certain solid waste disposal facilities (collectively, the "Project"), at the St. Lucie Electrical Generating Plant (the "Plant"), located in the County, an undivided interest in which is owned by FPL. (c) FPL has requested that the County issue a series of bonds in the aggregate principal amount of not to exceed $70,735,000 and designated St. Lucie County, Florida Solid Waste Disposal Revenue Refunding Bonds (Florida Power & Light Company Project), Series 2000 (the "Series 2000 Bonds"), and lend the proceeds thereof to FPL for the purpose of paying for all or a portion of the cost of refunding by redemption or purchase by FPL and cancellation of the Prior Bonds, or such portion of the Prior Bonds as FPL shall direct to be refunded (the "Refunded Bonds"). FPL has represented that the proceeds of the Series 2000 Bonds will be sufficient, along with funds contributed by FPL, to pay all of the cost of refunding the Refunded Bonds. The principal amount ofthe Series 2000 Bonds actually issued shall not exceed the outstanding principal amount of the Refunded Bonds. (d) The County will enter into a Loan Agreement (the "Loan Agreement") with FPL, to be dated on or before the date on which the Series 2000 Bonds are issued, pursuant to which: (i) the County, concurrently with the issuance of the Series 2000 Bonds, will lend to FPL the proceeds from the sale of the Series 2000 Bonds to pay a portion of the cost of refunding (through redemption or purchase and cancellation) the Refunded Bonds; and (ii) FPL agrees (A) to apply the proceeds of the sale of the Series 2000 Bonds to the refunding of the Refunded Bonds, and (B) to repay such loan and interest thereon in installments (the "Loan Repayments") on the dates required to pay the principal of and premium, if any, and interest on the Series 2000 Bonds, whether at maturity, upon redemption or otherwise. The County has determined and does hereby determine that it is desirable and in the public interest for the County to lend the proceeds of the Series 2000 Bonds to FPL under the terms of the Loan Agreement for the purpose of financing a portion of the cost of refunding the Refunded Bonds. (e) FPL's obligation to make Loan Repayments shall be a general obligation of FPL. In addition, in order to provide collateral as security for the payment of the principal of and interest on the Series 2000 Bonds during any Long-Term Interest Rate Periods (as defined in the Indenture hereinafter referred to), FPL, except as otherwise permitted in the Indenture and the Loan Agreement, will issue its First Mortgage Bonds, Solid Waste Disposal Series (the "First Mortgage Bonds"), under a Mortgage and Deed of Trust, dated as of January 1, 1944, as supplemented and 2 5 I 22v2/3460/28902-00088/R-AUTH '-' .." amended (collectively, the "Mortgage"), from FPL to Bankers Trust Company and First Union National Bank (now resigned), as trustees, and will pledge the First Mortgage Bonds to the Trustee (described below). The First Mortgage Bonds, if and when issued, will be issued in an aggregate principal amount equal to the aggregate principal amount of, having the same stated rate or rates of interest as, and maturing on the same date or dates as, the Series 2000 Bonds. (f) The Series 2000 Bonds will be issued under a Trust Indenture, dated as of the same date as the Loan Agreement (the "Indenture"), between the County and The Bank of New York, as trustee (the "Trustee"), pursuant to which the County will assign to the Trustee as security for the Series 2000 Bonds certain of its rights under the Loan Agreement, including its rights to receive the Loan Repayments payable by FPL thereunder and pursuant to which the Trustee will serve as trustee for the Series 2000 Bonds. (g) The County hereby makes the following determinations with respect to the Project: (i) The Project is appropriate to the needs and circumstances of, and makes a significant contribution to the economic growth of, the County, protects the environment, preserves gainful employment, and serves a public purpose by advancing the public health and the general welfare of the State of Florida and its people, as stated in Section 159.26, Florida Statutes, as amended. (ii) The Project is owned and operated by a financially responsible corporation, which is fully capable and willing to fulfill (A) its obligations under the Loan Agreement, including the obligation of FPL to pay Loan Repayments in installments in the amounts and at the times required to provide for the timely payment of the principal of and premium, if any, and interest on the Series 2000 Bonds, (B) its obligation to operate, repair and maintain the Project at its own expense and to serve the purposes of the Act and (C) all other obligations and responsibilities imposed on FPL under the Loan Agreement. (iii) The County and any other local agencies in the County have been and will be able to cope satisfactorily with the impact of the Project and have been and will be able to provide, or cause to be provided when needed, the public facilities, including utilities and public services, that are and will be necessary for the construction, operation, repair and maintenance of the Project and on account of any increases in population or other circumstances resulting therefrom. (iv) Adequate provision will be made in the Loan Agreement for the operation, repair and maintenance of the Project at the expense of FPL and for the payment by FPL of the Loan Repayments in installments sufficient to pay the principal of and premium, if any, and interest on the Series 2000 Bonds. (h) FPL has requested that the County enter into an Underwriting Agreement (the "Underwriting Agreement"), in substantially the form of the agreement previously submitted to the County Attorney and Bond Counsel for their review, between the County and the underwriter named therein, as underwriter and initial purchaser of the Series 2000 Bonds (the "Underwriter"), whereby the County will agree to sell to the Underwriter, and the Underwriter will agree to purchase ., .) 5122v2/3460/28902-00088/R-AUTH '-" .."", from the County, all of the Series 2000 Bonds, at a purchase price hereinafter authorized, all on the basis of the representations and the terms and conditions set forth in the Underwriting Agreement and the Letter of Representation (the "Letter of Representation") from FPL to the County and the Underwriter, the form of which is attached as an exhibit to the Underwriting Agreement. (i) Pursuant to Section 218.385, Florida Statutes, as amended, the County hereby approves a negotiated sale of the Series 2000 Bonds, based upon the following findings as to the reasons requiring such negotiated sale: (i) The manner in which the Series 2000 Bonds shall be sold, so long as complying with all applicable federal and state statutes, shall be the prerogative ofFPL since the obligation for the payment of the Series 2000 Bonds rests with FPL and neither the County, the State of Florida nor any political subdivision thereof is responsible for such repayment or any associated expense. Also, the proceeds of the Series 2000 Bonds are to be used solely to refinance the Cost of the Project for FPL, which is a private party. (ii) Because of the complex nature of the financing and the refunding of the Refunded Bonds, the structure and timing of the issuance of the Series 2000 Bonds require extensive planning. It is impracticable for FPL and the Underwriter to engage in such planning within the time constraints and uncertainties inherent in a competitive bidding process. (iii) The vagaries of the current and near future municipal bond market demands that the Underwriter have the maximum time and flexibility to price and market the Series 2000 Bonds, in order to obtain the best interest rates available. The Series 2000 Bonds will be marketed at variable interest rates. The County has received, or will receive on or before the execution and delivery of the Underwriting Agreement, a disclosure statement from the Underwriter, setting forth the information required by Section 218.385, Florida Statutes, as amended. SECTION 2. The Series 2000 Bonds. The County will issue and sell the Series 2000 Bonds under the authority of the Act, in the aggregate principal amount of not to exceed $70,735,000. The Series 2000 Bonds shall be designated "St. Lucie County, Florida Solid Waste Disposal Revenue Refunding Bonds (Florida Power & Light Company Project), Series 2000". The Series 2000 Bonds shall be issued in such principal amount (not to exceed $70,735,000 or the outstanding principal amount of the Refunded Bonds, whichever is lower), shall be dated no later than the date of delivery of the Series 2000 Bonds, shall mature on such date in such year or years, but not later than forty (40) years from the date thereof, shall bear interest at such variable rate or rates, but in no event (except in the event of the designation of a Long Term Interest Rate Period ending on the day preceding the final maturity date of the Series 2000 Bonds, in which case the interest rate shall not exceed the maximum rate allowed by Florida law) shall the interest rate be greater than fifteen percent (15.0%) per annum, payable on such dates, and shall be subject to tender for purchase and redemption, all as determined and established in the Underwriting Agreement and the Indenture. The Chairman or Vice Chairman of the Board is hereby authorized to approve, on behalf of the County, the principal amolmt of the Series 2000 Bonds, the date of the Series 2000 4 5 I 22v2/3460/28902-00088/R-AUTH '-' ..., Bonds, the maturity date or dates, the interest rate or rates, the interest payment dates and the tender for purchase and redemption provisions, such approval to be conclusively evidenced by the execution and delivery of the Underwriting Agreement. The Series 2000 Bonds shall be issued as fully registered bonds in the denominations and the forms provided for in the Indenture, with such appropriate variations, omissions or insertions as are permitted or required by the Indenture or by Bond Counsel, and may have endorsed thereon such legends or text as may be necessary or appropriate to conform to any applicable rules and regulations of any governmental authority or any usage or requirement of law with respect thereto. The execution and delivery of the Series 2000 Bonds substantially in the form mentioned above is hereby authorized, and the execution of the Series 2000 Bonds for and on behalf of the County, with a facsimile or manual signature, by the Chairman or Vice Chairman of the County with the official seal of the Board impressed or imprinted thereon and attested, with a facsimile or manual signature, by the Clerk or Deputy Clerk, are hereby authorized and shall be conclusive evidence of any such approval. The Series 2000 Bonds and the premium, if any, and interest thereon shall not be deemed to constitute a debt, liability or obligation of the County, the State of Florida or any political subdivision thereof. Neither the County, the State of Florida nor any political subdivision thereof shall be obligated to pay the principal of or the premium, if any, or the interest on the Series 2000 Bonds except from (i) the Loan Repayments and other revenues derived from FPL or (ii) moneys derived from payments on the First Mortgage Bonds, if and when issued, or other security under the Indenture, and neither the faith and credit nor any taxing power of the County, the State of Florida or any political subdivision thereof, is pledged to the payment of the principal of or premium, if any, or interest on the Series 2000 Bonds or other costs incident thereto. SECTION 3. Use of Proceeds. The proceeds received from the sale of the Series 2000 Bonds herein authorized shall be lent to FPL and, in accordance with the Indenture, shall be applied to pay the principal portion of the cost of the refunding of the Refunded Bonds. SECTION 4. Approval of Loan Agreement. The execution and delivery of the Loan Agreement by and between the County and FPL is hereby authorized and approved. The Loan Agreement shall be executed by and on behalf of the County by the Chairman or Vice Chairman of the Board with the official seal of the Board impressed thereon, and attested by the Clerk of the Board or Deputy Clerk of the Board. The Loan Agreement shall be in substantially the form presented to the County Attorney and Bond Counsel prior to the meeting of the Board at which this resolution is adopted and as filed in the records of the Board, subject to such changes, insertions and omissions and such filling in of blanks therein as hereafter may be approved and made in the Loan Agreement by the officers of the County executing the same pursuant to this Section upon the advice of the County Attorney and Bond Counsel, the execution of the Loan Agreement for and on behalf of the County by such officers being conclusive evidence of their approval of any such changes, insertions, omissions or filling in of blanks. SECTION 5. Appointment of Trustee and Approval of Indenture and Other Fiduciaries. The Bank of New York, a New York State banking corporation, is hereby designated to serve as Trustee under the Indenture. Prior to the issuance of the Series 2000 Bonds, officers of the County shall approve the appointment of a Tender Agent, Paying Agent, Registrar, Remarketing Agent and Indexing Agent with respect to the Series 2000 Bonds. The execution and delivery of the Indenture 5 ; l22v21346U12H902-UOOHH/R-^UTH "-' ." by and between the County and the Trustee is hereby authorized and approved. The Indenture shall be executed by and on behalf of the County by the Chainnan or Vice Chainnan of the Board with the official seal of the Board impressed thereon and attested by the Clerk or Deputy Clerk of the Board. The Indenture shall be in substantially the fonn presented to the County Attorney and Bond Counsel prior to the meeting of the Board at which this resolution is adopted and as filed in the records of the Board, subject to such changes, insertions (including provisions with respect to bond insurance, if any) and omissions and such filling in of blanks therein as hereafter may be approved and made by the officers of the County executing the Indenture upon the advice of the County Attorney and Bond Counsel, the execution of the Indenture for and on behalf of the County by such officers being conclusive evidence of the approval of the appointment of the Tender Agent, Paying Agent, Registrar, Remarketing Agent and Indexing Agent and of any such changes, insertions, omissions or filling in of blanks. SECTION 6. Award of Series 2000 Bonds: Approval of the Underwriting Agreement and Acceptance of Letter of Representation: Cancellation of Authorized but Unissued Amount. The Series 2000 Bonds are hereby awarded and sold to the Underwriter pursuant to the tenns and conditions of the Underwriting Agreement and the Indenture. The execution and delivery of the Underwriting Agreement, and the acceptance of the Letter of Representation, are hereby authorized and approved, provided that the Underwriting Agreement shall be executed by the County on or before August 31, 2000. The Underwriting Agreement and the Letter of Representation shall be executed by and on behalf of the County by the Chainnan or Vice Chairman of the Board and, if requested, with the official seal of the Board impressed thereon and attested by the Clerk or Deputy Clerk of the Board. The Underwriting Agreement shall be in substantially the form presented to the County Attorney and Bond Counsel prior to the meeting of the Board at which this resolution is adopted and as filed in the records of the Board, subject to such changes, insertions and omissions and such filling in of blanks (including final purchase price) therein as hereafter may be approved and made in such form of Underwriting Agreement or the Letter of Representation by the Chainnan or Vice Chainnan executing the same pursuant to this Section upon the advice of the County Attorney and Bond Counsel, the execution of the Underwriting Agreement for and on behalf of the County by such Chainnan or Vice Chainnan being conclusive evidence of the approval of any such changes, insertions, omissions or filling in of blanks. The County hereby agrees to sell the Series 2000 Bonds to the Underwriter in accordance with the provisions of the Underwriting Agreement, pursuant to the terms and conditions set forth therein and herein, at a purchase price equal to not less than 98% of the principal amount of the Series 2000 Bonds (without regard to original issue discount, if any), plus accrued interest, if any, with the final purchase price for the Series 2000 Bonds (including original issue discount, if any) specified in the Underwriting Agreement as executed and delivered by the Chairman or Vice Chainnan of the Board pursuant to this Section. Prior to executing and delivering the Underwriting Agreement, the County shall have received a disclosure statement from the Underwriter, setting forth the infonnation required by Section 218.385, Florida Statutes, as amended. . The authorization for any portion of the authorized amount of the Series 2000 Bonds not sold pursuant to the Underwriting Agreement shall be deemed cancelled upon the issuance of the Series 2000 Bonds. 6 ; I 22v2/3460/28902-00088/R-AUTH '-' ...., SECTION 7. Approval of the Official Statement. The distribution by the Underwriter of a Preliminary and Final Official Statement (collectively, the "Official Statement"), in substantially the form presented to the County Attorney and Bond Counsel prior to the meeting of the Board at which this Resolution is adopted and as filed in the records of the Board, is hereby authorized and approved, subject to such changes, modifications, deletions and additions as the Chairman or Vice Chairman, upon the advice of the County Attorney and Bond Counsel, may deem necessary and appropriate, the execution of the Indenture for and on behalf of the County by the Chairman or Vice Chairman being conclusive evidence of the approval of any such changes. The County has not confirmed, and assumes no responsibility for, the accuracy, sufficiency or fairness of any statements in the Official Statement or any supplements thereto, other than statements and information therein relating to the County under "Introductory Statement" and "Disclosure Required by Florida Blue Sky Regulations." SECTION 8. Authentication of Series 2000 Bonds. The Series 2000 Bonds, upon their execution substantially in the form and manner set forth in the Indenture, shall be delivered to the Registrar for authentication, and the Registrar is hereby authorized and directed to authenticate and to deliver the Series 2000 Bonds to the Underwriter, upon payment of the purchase price therefor and approval of Squire, Sanders & Dempsey L.L.P., as Bond Counsel, all as more fully provided in, and subject to the terms and conditions of, the Underwriting Agreement and the Indenture. SECTION 9. Authorization of Further Actions: Additional Covenants and Agreements. The officers, employees and agents of the County are hereby authorized and directed to do all acts and things and to execute and deliver any and all documents and certificates which they deem necessary or advisable in order to consummate the issuance of the Series 2000 Bonds, including a Letter of Representations with The Depository Trust Company, and otherwise to carry out, give effect to and comply with the terms and intent of this resolution, the Series 2000 Bonds and the documents herein described. In addition to the other covenants and agreements of the County in this resolution and the Indenture, the County hereby makes the following covenants and agreements: (a) Arbitrage Provisions and Information Return. The County covenants that it has in the Loan Agreement required FPL to restrict the use of the proceeds of the Series 2000 Bonds in such manner and to such extent as may be necessary so that the Series 2000 Bonds will not constitute arbitrage bonds under Section 148 of the Code. The Chairman, the Vice-Chairman, the Clerk or Deputy and any other officer having responsibility for the issuance of the Series 2000 Bonds is authorized and directed, alone or in conjunction with any of the foregoing or with any other officer, employee or agent of or consultant to the County, or in conjunction with FPL or any officer, employee or agent of or consultant to FPL, to give: (i) an appropriate certificate of the County, for inclusion in the transcript of proceedings for the Series 2000 Bonds, setting forth the reasonable expectations of the County, based on the written representation of FPL on which the County shall rely, regarding the amount and use of all of the proceeds of the Series 2000 Bonds, 7 5 I l1v2/3460/28902-00088/R-AUTH ..... ...., the facts, circumstances and estimates on which those expectations are based and other acts and circumstances relevant to the tax treatment of interest on the Series 2000 Bonds, as provided by FPL, all as of the date of delivery of and payment for the Series 2000 Bonds; and (ii) the statement setting forth the information required by Section 149(e) of the Code, which shall be based on the relevant information provided by FPL. (b) Transcript of Proceedings. The Clerk or other appropriate officer of the County shall furnish or cause to be furnished to the Underwriter a true transcript of proceedings, certified by the Clerk or other officer, of (i) all proceedings had with reference to the issuance of the Series 2000 Bonds and (ii) any other information from the records of the County which may be necessary or appropriate to determine the regularity and validity of the issuance of the Series 2000 Bonds. SECTION 10. Severability. In case anyone or more of the provisions of this resolution or any document approved hereby shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provisions of this resolution or such document, as the case may be, and such other provisions shall be construed and enforced as if such illegal or invalid provision had not been contained herein or therein. SECTION 11. Governing Law. The Series 2000 Bonds are to be issued and this resolution is adopted and the Loan Agreement, Indenture, the Underwriting Agreement and such other instruments (other than the Letter of Representation) necessary for the issuance of the Series 2000 Bonds shall be executed and delivered with the intent that the laws of the State of Florida shall govern their construction. SECTION 12. Effective Date. This resolution shall take effect immediately upon its adoption. 8 5122vl/3460128'!Ol-00Œ8/R-AUTH \w' """'" PASSED AND ADOPTED at a meeting duly called and held this _ day of ,2000. (SEAL) ST. LUCIE COUNTY, FLORIDA By: Chairman, Board of County Commissioners By: Clerk of the Circuit Court, ex officio Clerk of the Board of County Commissioners APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney 9 5122v2/3460/28902-00088/R-AUTH ~ ,#~;<' ~;;/ " 'w """ AGENDA REQUEST ITEM NO. bE DATE: May 16,2000 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. 00-95 - Changing the name of the Northport Marina to the River Park Marina. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 00-95 as drafted. ~] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: County Attorney: 3Y Review and Approvals Management & Budget purchasing : Other: Other: Originating Dept. Finance: (Check for Copy only, if applicable)___ Eff. 5/96 .. " '-' """" RESOLUTION NO. 00-95 A RESOLUTION CHANGING THE NAME OF THE NORTHPORT MARINA TO THE RIVER PARK MARINA WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. The Northport Marina is located in the middle of River Park, and the members of the River Park Homeowners Association have signed petitions to change the name of the Northport Marina to the River Park Marina. 2. This Board recognizes the concern that the members of the River Park Homeowners Association share since the Northport Marina is not located in Port St. Lucie, but rather in River Park. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby change the name ofthe Northport Marina to the "RIVER PARK MARINA" . 2. This Board does hereby direct the County Administrator to forward a copy of this resolution to Mr. Jack R. Johnson, President of River Park Homeowners Association, P. O. Box 8122, Port St. Lucie, Florida 34985. After motion and second the vote on this resolution was as follows: Chairman John D. Bruhn XX Vice Chairman Frannie Hutchinson XX Commissioner Paula A. Lewis XX .. '-' .."" Commissioner Cliff Barnes xx Commissioner Doug Coward xx PASSED AND DULY ADOPTED this 16th day of May, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ~ '-' AGENDA REQUEST ..., ITEM NO. -1. DATE: 5/11/00 CONSENT REGULAR x PUBLIC HEARING [] Leg. [] Quasi-Jud. [ SUBJECT: Request of Amerada Hess Corp ation to permit a Major Site Plan Approval for a gas station with a 2,446 square foot convenience Store to be known as Hess Express in the CG (Commercial, General) Zoning District for property located on the northeast corner of South U. S. Highway One and Savanna Club Boulevard. (File No.: MJSP-OO-004) PRESENT~~ C unity Development Director TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development BACKGROUND: On November 17, 1999, Amerada Hess Corporation submitted an application for a major site plan approval for a gas station with a 2,446 square foot convenience store. On May 3, 2000, the Development Review Committee found that the major site plan met all technical review requirements and could go forward. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A None Approve Draft Resolution 00-019 granting Major Site Plan approval to allow the construction of a gas station with a 2,446 square foot convenience store in the CG (Commercial, General) zoning District for property located on the northeast corner of South u. S. Highway One and Savanna Club Boulevard. COMMISSION ACTION: [X] APPROVED DENIED [ ] OTHER: Approved with the deletion of condition #3 from the resolution 4-1 (Bruhn - no) ,_" mo<o",,_{1f Originating Department: Finance: (Check for Copy only, if applicable) Review and Approvals Management' Budget: Other: Purchasing: Other: '-' .~ COUNTY COMMISSION REVIEW: May 16, 2000 Resolution 00-019 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: May 16, 2000 Subject: Consider Draft Resolution 00-019 approving the request of Amerada Hess Corporation to a Major Site Plan, for the project known as Hess Express. (File No.: MJSP-OO-004) LOCATION: Northeast corner of U. S. Highway One and Savanna Club Boulevard EXISTING ZONING: CG (Commercial, General) LAND USE DESIGNATION: COM (Commercial) PARCEL SIZE: Parent Tract 8.5 acres Subject area 2.2 acres PROPOSED USE: SURROUNDING LAND USE: Gas Station with a 2,446 square foot convenience store To the north, south vacant commercial land; to the west is Savanna Plaza Commercial Center; to the east vacant commercial and Village of Lake Lucie Residential Community FIRE/EMS PROTECTION: Walton Road, Station Number #11, is located approximately 3 miles away. UTILITY SERVICE: Water and Sewer services to be provided by Port St. Lucie Utilities TRANSPORTATION IMPACTS: Right of Way Adequacy: See Standards of Review/Comments. Scheduled Area Improvements: See Standards of Review/Comments. ~ ~ May 16, 2000 Page 2 Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval TYPE of CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ******************************** STANDARDS FOR SITE PLAN REVIEW Section 11 .02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Reviewfor all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN: The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed Amerada Hess Station is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. These policies include but are not limited to: Policy 1.1.8.5 of the St. Lucie County Comprehensive Plan states; "Require effective visual and light diffusion barriers between residential and non-residential uses. Standards and requirements for such barriers are to be included in the landscaping and screening regulations of the St. Lucie County Land Development Regulations. II Even though the proposed project does not abut residential properties to the east, the developer has attempted to provide a vegetative buffer along the eastern property line, to protect the residents further east. This proposed landscape buffer will include seven Southern Florida slash pine trees (Pinus Elliotii 'Densa'), two live oak trees (Quercus Virginiana); one Southern Magnolia tree (Magnolia Grandiflora "Brackens BB or DO Blan); five existing trees and six sabal palmetto trees (Sabal Palmetto) plus a continuous hedge of anise (Illicium Flridanul!1). In ªddition, to the landscape buffer, the applicant has proposed to preserve the existing saw palmetto covering located adjacent to the proposed service station and the dry detention area. '-' ....." May 16, 2000 Page 3 Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed Amerada Hess Station has been determined not to have an undue adverse effeèt upon nearby properties. The applicant has utilized the placement of the building and existing vegetation to provide a buffer from the use to the surrounding areas. Access to the parent parcel will be via one right-inlright-out driveway connection onto South U. S. Highway One and a full access option driveway connection on Savanna Club Boulevard. The developers of this project have sought, and received, approval of a driveway variance allowing the access drive onto Savanna Club Boulevard to be less than the required minimum 350 feet from the east right-of-way of South U. S. Highway One. In consideration of this variance, the developer is obligated to provide for the alteration of Savanna Club Boulevard from South U. S. Highway One to a point east of the project access drive as depicted on the site plan. This improvement will result in a continuous through lane and a dedicated right-turn lane into the parent site. In addition to the above referenced roadway alterations, the developers of this site are required to construct a five-foot wide sidewalk along the properties Savanna Club Boulevard frontage from the existing walk at the entrance to the Villages of Lake Lucie to the intersection with U. S. Highway One. Internal pedestrian access connections to this site will be provided from the sidewalk as shown on the site plan. Noting the above, staff recommends that the following special conditions be included in any final development order for this project: a. Prior to the issuance of any final certificate of occupancy or other final use authorization for the property described in Part B of the resolution, the developer of this project shall provide for the addition of one additional through lane on eastbound Savanna Club Boulevard as generally depicted in the site plans referenced in Part A. All construction shall meet minimum St. Lucie County design standards. b. Prior to the issuance of any final certificate of occupancy or other final use authorization for the property described in Part B of this resolution, the developer of this project shall provide for the construction of the indicated five foot wide sidewalk along this projects Savanna Club Boulevard frontage as generally depicted in the site plans referenced in Part A. Finally, and consistent with the Boards previous action regarding community design considerations, staff recommends the following special condition be included that would impose minimum architectural design standards for this and any other buildings that might be located on this site. May 16, 2000 Page 4 '-" "'WI Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval c. Prior to the issuance of any final certificate of occupancy or other final use authorization for the property described in Part B of the resolution, the developer of this project shall meet the following minimum Port St. Lucie design standards. 1 . General Building Design Standards A. These standards are intended to promote an architectural style that is historically typical to this region of Florida. To promote this style, the developer is required to select at least five (5) elements or features from the following list and shall illustrate the selected elements or features on the required building elevation drawings to be submitted with any application for building permit. · Predominantly vertical, rectangular, windows · Clear glass windows (88% light transmission or more) · Lightly stained I painted wood in a horizontal pattern · Arbor · Clock tower · Bahama shutters · Square Columns · Porch with picket railing · Arcade I loggia · Cupola · Dormer · Standing seam metal roof · Widow's walk · Lattice detailing · Stone or stamped concrete pavement at project entry, drop- off, or pedestrian crossing (330 s. f. minimum). · Pedestrian courtyard or plaza (200 s. f. minimum) · Canopy · Portico I Porte Cochere · Sculpture · Raised cornice parapets over doors · Arches · Display windows · Bell tower · Frieze medallion Examples of these architectural styles are attached as Exhibit B. B. Facade and Roof Designs Prohibited Facade Features and Materials - . · large, blank, unarticulated walls · corrugated metal siding · plastic siding, plastic laminates unpainted concrete block/plain concrete walls · irregular, modernistic, window shapes · reflective-glass ~ May 16, 2000 Page 5 ....,¡ Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval · imitation rock work veneer plywood corrugated fiberglass square, box-like, buildings without articulation of windows or facade · · · Facade Designs Requirements for the articulation of facades shall apply to the front and sides of all buildings. · Articulation - Facade designs shall provide for varying wall offsets and other architectural features to create horizontal and vertical building articulation. A minimum wall offset of 5 feet is required to achieve horizontal facade articulation. A minimum vertical distance of 2 feet between facade elements is required to achieve vertical articulation. Roof Designs Sloped Roofs -- Roof height shall not exceed the average height of the supporting walls. The average slope shall be greater or equal than 1 foot of vertical rise for every 3 feet of horizontal run, and the average slope shall be less than or equal to I foot of vertical rise for every I foot of horizontal run. Proposed buildings shall incorporate at least two (2) of the following roof elements or features: · Eaves that overhang a minimum of 2 feet with a minimum fascia depth of 8". · Three or more roof slope planes per primary facade. · An additional vertical change in roof height (minimum 2 foot change in elevation). · Dormers or other additional roof elements facing primary street frontage. · A porch, portico, arcade, or other similar element located at the main building entrances. Flat Roofs -- Flat roofs may be used provided all of the following conditions are met: · Peaked or pitched roof elements shall cover at least 50% of the length of a facade facing the primary street frontage. Mansard roofs and/or cornices (min. 12" in height with a min. of 3 reliefs) may be counted toward meeting 25% of the required horizo'ltal len.9th. Peaked or pitched roof elements shall cover at least 25% of the sides of a building. · Equipment on roof shall not be visible from an elevation that is horizontal to the location of the roof equipment. · A porch, portico, arcade, or other similar element shall be located at the main entrance(s). '-' ....,., May 16, 2000 Page 6 Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval Prohibited Roof Materials Elements · Asphalt shingles (except laminated, 320 lb., 30 year architectural grade shingles or better). · Mansard roofs/canopies without roof articulation using faux gables, dormers, etc. · Roofs with less than a 3 / 12 pitch (unless full parapet coverage is used). · Back-lit awnings used as a mansard or canopy roof. · Brightly colored glazed tile. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping and screening. The developer has designed this project in a manner that will visually buffer the surrounding properties through the placement of an increased buffer for the surrounding areas. In order to minimize any adverse visual impacts on the surrounding area, and consistency with previous County Commission action in this area, a recommended condition of approval for this Site Plan project is that the architectural standards described above be complied with as part of the development of this project. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of the neighboring properties. The property to the north, south, east and west is zoned for commercial development. Approximately 430 feet to the west of the subject property is the entrance to the Villages of Lake Lucie. The proposed project will be separated from the residential properties to the east by approximately 430 feet of additional commercially zoned properties. Therefore, the proposed project will not negatively affect the existing Villages of Lake Lucie and Savanna Club Residential Subdivisions. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The applicant has submitted a letter of intent from the City of Port St. Lucie Utilities System Department, which indicates that sufficient capacity is available for water and sewer to support the proposed gas station and convenience store facility. '-' ., May 16, 2000 Page 7 Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval D. ADEQUACY OF FIRE PROTECTION: The applicant has obtained from the St. Lucie County - Fort Pierce Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES: The proposed building or use will be seNed by adequate school facilities. The applicant is proposing a commercial use, which will not impact school facilities. F. ENVIRONMENTAL IMPACT: For developments required to provide an environmental impact report under Section 11.02.09(A)(S), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Hom and Associates, Inc. (August, 1982). The subject property is less than 10 acres in size therefore; it does not meet the thresholds for submitting an environmental impact report, however, the proposed Site Plan is not anticipated to create adverse impacts on the natural environment found on this site. The site is considered to be generally undisturbed. The existing native growth appears to be second or third generation growth based upon the average diameter of the pine trees found on the site. There are two man-made ditches running through the site that appear to have been constructed as part of the old Lake Lucie subdivision. These ditches do not appear to serve any offsite drainage areas and will be eliminated as part of the sites construction. In order to meet flood protection and storm water management requirements, the building area of this parcel will need to be raised to minimum elevation of 17 feet, which will require approximately 3 feet of fill. The vehicular use areas will have to be raised to an average height of 15' 10", which will result in average fill requirement in these areas of just over one foot. A tree survey has been submitted as required. The developer is proposing to preserve a number of existing trees on the site as well as the existing saw palmetto coverage located along the eastern property boundaries and adjacent to the gas station facility and drainage area to the rear of the property. None of the trees on this site meet the required mitigation threshold found in Section 6.00.00 of the County's Land Development Code. However, County staff has been working with the developers of this site in order to try and protect as '-' ...., May 16, 2000 Page 8 Subject Hess Station/Savanna Club Boulevard Major Site Plan Approval much of the existing native vegetation on this site as possible. Accordingly, staff recommends that the following special conditions be included in any final development order for this project: a) As part of the development and final design of the projects stormwater management system, the developer shall coordinate with the Community Development Department in the final location of the required .31 acre storm water detention pond to be located to the rear of the proposed building with the objective being the minimization of impacts onto any functionally preservable areas of pine and palmetto understory vegetation that may be in this area. b) All areas of preservation/protection shall be appropriately secured and marked to ensure their protection during construction. To the extent permitted under County Codes, these areas shall be eligible for consideration in meeting the minimum landscaping and screening requirements of the County's Land Development Code. c) No clearing outside of the development parcel for the Hess Express/Savanna Club & U. S. Highway One shall be authorized until final site plans are approved in these areas. County staff has conducted a site inspection of the property. No protected or threatened plants, trees or wildlife species were observed in the area of the planned construction. However, if any threatened plants, trees or wildlife species are found to be present, prior to construction, all appropriate safeguards will be observed and complied with. COMMENTS: The petitioner, Amerada Hess Corporation, is proposing to construct a Gasoline/Convenience Store at the northeast corner of the intersection of Savanna Club Boulevard and South U. S. Highway One. While the specific development qualified as a Minor Site Plan, under the provisions of Section 11.02.02(C)(5)(2)(a) of the County's Land Development Code, this project is being processed for final review as Major Site Plan. Any further development on this property would be subject to the Major Adjustment requirements of the St. Lucie County Land Development Code. The area of the parent parcel under this application is 8.5 acres. This parent parcel is depicted in the attached Exhibit "A". The actual area of development for the Hess Express - Savanna Club/U. S. Highway One site is 2.0 acres and is as depicted on the attached site plans. The site is considered to be generally undisturbed. The existing native growth appears to be second or third generation growth based upon the average diameter of the pine trees found on the site. There are two man-made ditches running through the site that appear to serve any off-site drainage areas and will be eliminated as part of the sites construction. In order to meet minimum flood protection and stormwater management requirements, the building area of this parcel will need to be raised to a minimum elevation of 17 feet, which will require approximately 3 feet of fill. The vehicular use areas will have to be raised to an average height of 15' 10", which will result in average fill required in these areas of just over one foot. '-" 'will May 16, 2000 Page 9 Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval A tree survey has been submitted as required. None of the trees on this site meet the required mitigation threshold found in Section 6.00.00 of the County's Land Development Code. However, County staff has been working with the developers of this site in order to try and protect as much of the existing native vegetation on this site as possible. County staff has conducted a site inspection of the property. No protected or threatened plants, trees or wildlife species were observed in the area of planned construction. However, if any threatened plants, trees or wildlife species are found to be present prior to construction, all appropriate safeguards will be observed and complied with. Access to the parent parcel will be via one right-inlright-out driveway connection onto South U. S. Highway One. A full access option driveway will be constructed onto Savanna Club Boulevard. The developers of this project have sought, and received, approval of a driveway variance allowing the access drive onto Savanna Club Boulevard to be less than the required minimum 350 feet from the east right-of-way of South U. S. Highway One. In consideration of this variance, the developer is obligated to provide for the alteration of Savanna Club Boulevard from South U. S. Highway One to a point east of the project access drive as depicted on the site plan. This improvement will result in a continuous through lane and a delineated right-turn lane into the parent site. In addition to the above referenced roadway alterations, the developers of this site are required to construct a five-foot wide sidewalk along the properties Savanna Club Boulevard frontage from the existing walk at the entrance to the Villages of Lake Lucie to the intersection with U. S. Highway One. Internal pedestrian access connections to this site will be provided from the sidewalk as shown on the site plan. Staff finds that this petition meets the standards of review as set forth in Section 11.02.07 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, if subject to the Special Conditions outlined below. Attached is a copy of Draft Resolution 00-019, which, if approved, would grant this request for a Major Site Plan approval. 1. Prior to the issuance of any final certificate of occupancy of other final use authorization for the property described in Part B of the resolution, the developer of this project shall provide for the addition of one additional through lane on eastbound Savanna Club Boulevard as generally depicted in the site plans referenced in Part A of the resolution. All construction shall meet minimum St. Lucie County design standards. 2. Prior to the issuance of any final certificate of occupancy or other final use authorization for the property described in Part B of the resolution, the developer of this project shall provide for the construction of the indicated five-foot wide sidewalk along the Savanna Club Boulevard frontage as generally depicted in the site plans referenced in Part A of the resolution. 3. Prior to the issuance of any final certificate of occupancy or other final use authorization for the property described in Part B of the resolution, the developer of this project shall meet the following minimum Port S1. Lucie design standards. May 16, 2000 Page 10 '-' 'WI Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval General Building Design Standards. A. These standards are intended to promote an architectural style that is historically typical to this region of Florida. To promote this style, the developer is required to select at least five (5) elements or features from the following list and shall illustrate the selected elements or features on the required building elevation drawings to be submitted with any application for building permit. · Predominantly vertical, rectangular, windows · Clear glass windows (88% light transmission or more) · Lightly stained I painted wood in a horizontal pattern · Arbor · Clock tower · Bahama shutters · Square Columns · Porch with picket railing · Arcade I loggia · Cupola · Dormer · Standing seam metal roof · Widow's walk · Lattice detailing · Stone or stamped concrete pavement at project entry, drop-off, or pedestrian crossing (330 s. 1. minimum). · Pedestrian courtyard or plaza (200 s. f. minimum) · Canopy · Portico I Porte Cochere · Sculpture · Raised cornice parapets over doors · Arches · Display windows · Bell tower · Frieze medallion Examples of these architectural styles are attached as Exhibit B. B. Facade and Roof Designs Prohibited Facade Features and Materials · large, blank, unarticulated walls · corrugated metal siding · plastic siding, plastic laminates unpainted concrete block/plain concrete walls · irregular, modernistic, window shapes · reflective-glass · imitation rock work veneer · plywood · corrugated fiberglass · square, box-like, buildings without articulation of windows or facade '-' 'W May 16,2000 Page 11 Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval Facade Designs Requirements for the articulation of facades shall apply to the front and sides of all buildings. . Articulation - Facade designs shall provide for varying wall offsets and other architectural features to create horizontal and vertical building articulation. A minimum wall offset of 5 feet is required to achieve horizontal facade articulation. A minimum vertical distance of 2 feet between facade elements is required to achieve vertical articulation. Roof Designs Sloped Roofs -- Roof height shall not exceed the average height of the supporting walls. The average slope shall be greater or equal than 1 foot of vertical rise for every 3 feet of horizontal run, and the average slope shall be less than or equal to I foot of vertical rise for every I foot of horizontal run. Proposed buildings shall incorporate at least two (2) of the following roof elements or features: · Eaves that overhang a minimum of 2 feet with a minimum fascia depth of 8". · Three or more roof slope planes per primary facade. · An additional vertical change in roof height (minimum 2 foot change in elevation). · Dormers or other additional roof elements facing primary street frontage. · A porch, portico, arcade, or other similar element located at the main building entrances. Flat Roofs -- Flat roofs may be used provided all of the following conditions are met: · Peaked or pitched roof elements shall cover at least 50% of the length of a facade facing the primary street frontage. Mansard roofs and/or cornices (min. 12" in height with a min. of 3 reliefs) may be counted toward meeting 25% of the required horizontal length. Peaked or pitched roof elements shall cover at least 25% of the sides of a building. · Equipment on roof shall not be visible from an elevation that is horizontal to the location of the roof equipment. · A porch, portico, arcade, or other similar element shall be located at the main entrance(s). Prohibited Roof Materials Elements · Asphalt shingles (except laminated, 320 lb., 30 year architectural grade shingles or better). · Mansard roofs/canopies without roof articulation using faux gables, dormers, etc. · Roofs with less than a 3/12 pitch (unless full parapet coverage is used). · Back-lit awnings used as a mansard or canopy roof. · Brightly colored glazed tile. 4. As part of the development and final design of the projects stormwater management system, the developer shall coordinate with the Community Development Department in the final location of the required .31 acre storm water detention pond to be located to the rear of the ~ tJ May 16, 2000 Page 12 Subject: Hess Station/Savanna Club Boulevard Major Site Plan Approval proposed building, with the objective being the minimization of impacts onto any functionally preservable areas of pine and palmetto understory vegetation that maybe in this area. 5. All areas of preservation/protection shall be appropriately secured and marked to ensure their protection during construction. To the extent permitted under County Codes, these areas shall be eligible for consideration in meeting the minimum landscaping and screening requirements of the County's Land Development Code. 6. No clearing outside of the development parcel for the Hess Express/Savanna Club & U. S. Highway One shall be authorized until final site plans are approved in these areas. Staff recommends approval of Draft Resolution 00-019. If you have any questions, please let us know. lia Shewchuk, AICP ommunity Development Director SUBMITTED: JS/cs H:\Projects\Savanna Club Hess\staffrpt.wpd cc: County Administrator Asst. County Administrator County Attorney Public Works Director County Engineer Fire Marshal Jeff Iravani, Agent Rle '-' .." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION 00-019 FILE NO.: MJSP-oO-o04 A RESOLUTION GRANTING MAJOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS AMAREADA HESS STATION - SA V ANNA CLUB BOULEVARD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Amerada Hess Corporation. presented a petition for Major Site Plan Approval to allow a 2,446 square foot convenience store with eight gas pumps on 2.22 acres of land at the northeast corner of U. S. Highway One and Savanna Club Boulevard, in the CG (Commercial, General) Zoning District for the property described below. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served by adequate public facilities and services. 8. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 16, 2000. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: MJSP-OO-004 May 16,2000 Resolution 00-019 Page I '-" ...",J 1 2 A. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the site plan for the project to be known as Hess Express/Savanna Club Boulevard, is hereby approved as depicted on the site plan drawings for the project prepared by Jeff H. Iravani, Inc., dated 8/24/99, and date stamped received by the St. Lucie County Community Development Director on 8/26/99, for the property described below, subject to the following conditions: 1. Prior to the issuance of any final certificate of occupancy of other final use authorization for the property described in Part B of the resolution, the developer of this project shall provide for the addition of one additional through lane on eastbound Savanna Club Boulevard as generally depicted in the site plans referenced in Part A of the resolution. All construction shall meet minimum St. Lucie County design standards. 2. Prior to the issuance of any final certificate of occupancy or other final use authorization for the property described in Part B of the resolution, the developer of this project shall provide for the construction of the indicated five-foot wide sidewalk along the Savanna Club Boulevard frontage as generally depicted in the site plans referenced in Part A of the resolution. 3. Prior to the issuance of any final certificate of occupancy or other final use authorization for the property described in Part B of the resolution, the developer of this project shall meet the following minimum Port St. Lucie design standards. General Building Design Standards. a. These standards are intended to promote an architectural style that is historically typical to this region of Florida. To promote this style, the developer is required to select at least five (5) elements or features from the following list and shall illustrate the selected elements or features on the required building elevation drawings to be submitted with any application for building permit. · Predominantly vertical, rectangular, windows · Clear glass windows (88% light transmission or more) · Lightly stained I painted wood in a horizontal pattern · Arbor · Clock tower · Bahama shutters · Square Columns · Porch with picket railing · Arcade I loggia · Cupola · Dormer · Standing seam metal roof · Widow's walk · Lattice detailing · Stone or stamped concrete pavement at project entry, drop-off, or pedestrian crossing (330 s. f. minimum). · Pedestrian courtyard or plaza (200 s. f. minimum) · Canopy File No.: MJSP-OO-004 May 16, 2000 Resolution 00-019 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 '-' ...., · Portico / Porte Cochere · Sculpture · Raised cornice parapets over doors · Arches · Display windows · Bell tower · Frieze medallion b. Examples of these architectural styles are attached as Exhibit B. Facade and Roof Designs Prohibited Facade Features and Materials · large, blank, unarticulated walls · corrugated metal siding · plastic siding, plastic laminates unpainted concrete block/plain concrete walls · irregular, modernistic, window shapes · reflective-glass · imitation rock work veneer · plywood · corrugated fiberglass · square, box-like, buildings without articulation of windows or facade Facade Designs Requirements for the articulation of facades shall apply to the front and sides of all buildings. · Articulation - Facade designs shall provide for varying wall offsets and other architectural features to create horizontal and vertical building articulation. A minimum wall offset of 5 feet is required to achieve horizontal facade articulation. A minimum vertical distance of 2 feet between facade elements is required to achieve vertical articulation. Roof Designs Sloped Roofs -- Roof height shall not exceed the average height of the supporting walls. The average slope shall be greater or equal than 1 foot of vertical rise for every 3 feet of horizontal run, and the average slope shall be less than or equal to I foot of vertical rise for every I foot of horizontal run. Proposed buildings shall incorporate at least two (2) of the following roof elements or features: · Eaves that overhang a minimum of 2 feet with a minimum fascia depth of 8". · Three or more roof slope planes per primary facade. · An additional vertical change in roof height (minimum 2 foot change in elevation). · Dormers or other additional roof elements facing primary street File No.: MJSP-OO-004 May 16. 2000 Resolution 00-019 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 B. 48 49 50 51 ~ 'wi frontage. · A porch, portico, arcade, or other similar element located at the main building entrances. Flat Roofs -- Flat roofs may be used provided all of the following conditions are met: · Peaked or pitched roof elements shall cover at least 50% of the length of a facade facing the primary street frontage. Mansard roofs and/or cornices (min. 12" in height with a min. of 3 reliefs) may be counted toward meeting 25% of the required horizontal length. Peaked or pitched roof elements shall cover at least 25% of the sides of a building. · Equipment on roof shall not be visible from an elevation that is horizontal to the location of the roof equipment. · A porch, portico, arcade, or other similar element shall be located at the main entrance(s). Prohibited Roof Materials Elements · Asphalt shingles (except laminated, 320 lb., 30 year architectural grade shingles or better). · Mansard roofs/canopies without roof articulation using faux gables, dormers, etc. · Roofs with less than a 3/12 pitch (unless full parapet coverage is used). · Back-lit awnings used as a mansard or canopy roof. · Brightly colored glazed tile. 4. As part of the development and final design of the projects stormwater management system, the developer shall coordinate with the Community Development Department in the final location of the required .31 acre stormwater detention pond to be located to the rear of the proposed building, with the objective being the minimization of impacts onto any functionally preservable areas of pine and palmetto understory vegetation that maybe in this area. 5. All areas of preservation/protection shall be appropriately secured and marked to ensure their protection during construction. To the extent permitted under County Codes, these areas shall be eligible for consideration in meeting the minimum landscaping and screening requirements of the County's Land Development Code. 6. No clearing outside of the development parcel for the Hess Express/Savanna Club & U. S. Highway One shall be authorized until final site plans are approved in these areas. The property on which this Major Site Plan approval is being granted is described as follows: Commence at the northwest corner of Lot 2, Block 3, ("said point also being a point of intersection with the north line of the south half of Lot 3, Block 3, and the east line of File No.: MlSP-OO-004 May 16. 2000 Resolution 00-019 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 C. 32 33 34 35 D. 36 37 38 39 40 41 42 43 44 45 D. 46 47 48 49 50 51 52 E. '-' ....,¡ Lot 3, Block 3, according to the Plat of St. Lucie Gardens, as recorded in Plat Book 1, Page 35 of the Public Records of St. Lucie County, Florida"); thence South 89 degrees 54 minutes 28 seconds west along the north line of the south half of Lot 3, Block 3, a distance of 329.81 feet to the west line of said Lot 3; thence south 00 degrees 21 minutes 02 seconds east, along the west line of said Lot 3, a distance of 241.02 feet to the easterly right-of-way line of U. S. Highway No.1; (a 200.00 foot wide right-of-way); thence south 27 degrees 54 minutes 29 seconds east, along the easterly rightOof-way line of U. S. Highway No.1, a distance of 344.11 feet to the point of beginning. From said Point of Beginning thence north 62 degrees 05 minutes 31 seconds east, a distance of 71.52 feet to a point; thence north 89 degrees 54 minutes 28 seconds east, parallel with the north line of said Lot 2, Block 3, a distance of 371.01 feet; thence south 00 degrees 05 minutes 32 seconds east, a distance of 192.11 feet to a point; thence north 89 degrees 54 minutes 59 seconds east, a distance of 25.00 feet to a point; thence south 00 degrees 05 minutes 32 minutes east a distance of 58.00 feet to a point on the northerly right-of-way of Savanna Club Boulevard (a 130.00 foot wide right -of-way); ;thence south 89 degrees 54 minutes 59 seconds west along said northerly right-of-way line of Savanna Club Boulevard, a distance of 345.00 feet to a point of intersection with the easterly right-of-way line of U. S. Highway No.1; thence north 27 degrees 54 minutes 29 seconds west along said easterly right-of-way of U. S. Highway No.1, a distance of 245.00 feet returning to the point of beginning. Said lot containing 96,624 square feet more or less. (Tax ID #s: 3414-501-1914-005/0, 3414-501-1903-250/2). Northeast corner of U. S. Highway One and Savanna Club Boulevard.) This Site Plan shall expire on May 16, 2002, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. (Location: The Major Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Amerada Hess Corporation, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 16, 2000, which certificate shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. A copy of this resolution shall be attached to the site plan drawings described in File No.: MJSP-OO-004 May 16, 2000 Resolution 00-019 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ~ ...." Section A, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman John D. Bruhn XXX Vice-Chairman Frances Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED This 16th Day of May 2000. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: - DEPUTY CLERK COUNTY ATTORNEY File No.: MJSP-OO-004 May 16. 2000 Resolution 00-019 Page 6 .. '-" AGENDA REOUË!If ITEM NO. ~ DATE: May 16,2000 CONSENT [ ] REGULAR X PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBJECT: Request for County commission to declare unsafe the building located at 420 Poplar Avenue, Port St. Lucie, FL. SUBMITTED BY (DEPT): Public Works Department BACKGROUND: The Building located at 420 Poplar Avenue, Port St. Lucie, FL, has been deter.mined to be unsafe by the Building Official. The County Commission must take affir.mative action to declare the building unsafe and hold a public hearing to take appropriate action to remove the safety hazard. FUNDS AVAILABLE: Other Contractual Services, Acct No. 102-2415-534000-200 PREVIOUS ACTION: After inspection, the Building Official declared the building unsafe and a public nuisance on March 31, 2000. RECOMMENDATION: Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, County Staff recommends that the Board declare the building located at 420 Poplar Avenue, Port St. Lucie, Florida, to be unsafe and that the Board hold a public hearing on July 18, 2000 at 7: 00 p.m. or as soon thereafter as possible to take such further action as is appropriate under Article III of Chapter 2-5 of the Code. to June 27, 2000 oug as Anderson after as possibleC t Adm' . t t ou y 1n1S ra or COMMISSION ACTION: [X] APPROVED [ ] OTHER: Change Public Hearing date at 9:00am or as soon there ] DENIED Coordination/Sianatures I County Attorney: Mgt " Budget: Purchasing: Originating Dept: Other: Other: Finance: (copies only): (59AgencSa.18t - 420 Pop1ar Avenue) Err. 11/4/93 -- , '-' ..."" MEMORANDUM PUBLIC WORKS DEPARTMENT CODE COMPLIANCE DIVISION TO: Board of County Commissioners Raymond L. Wazny, Public Works Director ~~~ May 9, 2000 FROM: DATE: SUBJECT: Request to declare the building located at 420 Poplar Avenue, Port St. Lucie, Florida unsafe and to request a public hearing to consider appropriate actions. Under the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws the building located at 420 Poplar Avenue, Port St. Lucie, Florida, was inspected on March 31, 2000, and it has been determined to be unsafe and to constitute a public nuisance. A copy of the Certified Report of Inspection of the Structure describing the condition of the building for filing with the Board is attached to this memorandum. Under the provisions of Section 2-5-43 it is recommended that the Board accept the Certified Report of Inspection of Building for filing and declare the building to be unsafe and that a public hearing be held so that the Board may take such further action as is appropriate with regard to the unsafe building located at 420 Poplar Avenue, Port St. Lucie, Florida. RLW:ewc Enclosure as noted H:\WP\CONDEMN\59MEM01.BCC B 'w' ~ CERTIFIED BUILDING OFFICIAL REPORT DATE: MARCH 31, 2000 BUILDING LOCATED AT 420 POPLAR AVENUE PORT ST. LUCIE, FL The building located at 420 Poplar Avenue, Port St. Lucie, Florida has been damaged and is manifestly unsafe and unsanitary for use as single family dwellings. The building is in such a condition as to constitute a public nuisance. Specific conditions which exist include: damaged interior walls and ceilings damaged plumbing damaged electrical system dænagedroofsnucture open and unsecured Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building at 420 Poplar Avenue, Port St. Lucie, Florida is detennined to be UNSAFE. Wff/ OND L. AZ Y, P.E. Buil g Officia St. L cie County RLW:ewc 59inspections.lst '-" ....." CONDEMN A TION 24 23 2 22 oJ Q) 6 Q) :J 2J ::J 2J 2J 4 c: 4 c: Q) Q) ~ 7 2D 5 ~ 2D 2D 5 ....... ~ :J 8 Q) CJ) c: l:J 19 6 ~ 19 6 0 8 c: 0 () ctS 0 0 Q) 18 7 ~ 18 7 a.. 18 7 Ü 9 0 /711 8 /7 8 /7 8 Oleander ---~ 9 ëõürt 16 9 16 9 16 0 15 10 15 10 15 10 U II U II U II Coconut Avenue 18 19 2D 2J 22 23 4 oJ 2 420 Poplar Avenue Community Development t Geographic Information Systems ~ TtiI map '* been CCIrf1)IIed lor generW pIInùng and rofemnc::ø ptIP080I onto¡ WtìterMl'fefforthuÞelrlmlldltlD)I"O'tide1hemottWT8f1tandaccurale N InIonnIIion poaIb6t,.. nallnlendMi for ~ It . 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'183001 ·183004 tB~2()8 '195204 :186 1862M 304 30S ~H5 316 382 .3g2 .", '4öl' , .4ötžìa <'41B{:' ·;'421t ·'441 :1.51 ·:~461 ',,'411' ,"\91 ';:;'501 .,',:505 . .···'·~ösööî ~" . ,>~::- /~,?-. ;'<~~:: ,',.c., :.,~:_~.~,:. >.,:...-' . ;""¡,,,,;<,,,'-,:-" , "'-'.-1' IÄ) ,:>::;,>' I ",:;'~~...~ ~ Gêriétâl Fund Rêcrëatión Special Evéhts CbBG--Vorld of Plastitè TÙ Community Action Agèhcy FY 99/00 Sèction 112/MPO/FHVA Plâhhi~ 99/00 National EndoWil1ént HulMni HéS D!Þ~Régional Attenuation Fâcility fDC Planning Grant FY 99/00 Urban Mobile Irrigation Läb Gtãht S~/SLSVCD Vëll Monitöring Program Plöridian Aquifer VeIl Monitoring Transportation Trust Fund Transportation Trust Intêtlocàlš Tränspottatión Trust/Lócâl option tIriifièötporàtéd SetVièé~Fund ..... firåirlåge Mãintèt1âficê MSW LtbtårySpècial Gtahts Puftd Pirié &Þorféitüté Fund DrUg AbuSè Fund ~läkêly Subdivision Fund Þótt & Airport Fund Þött Fund Plàrt Maifitènahcé RAD Fund ct Administrator-19th Judicial eir êt Administrätot-Arbittätion/Médiàt êt Admin.- Têéh Court êòurt ~épofter Grant-In...Aid 99/ÖO mÞA'SlttP 99/00 ~êcýcling Operating Puhd Rècyêling & Educatiòn 99/00 é!õmrn\1fiicatiot1 Sy~tèll1 Pufid nèächAtquisitiön Fund ö6untyBuilding Fund C6Witý Qaþitâl ImVirófttnentäl Land Caþ1tål Furtd tdëal Hólding " . RoädMsgU Cåþi td . Sàfiitàry Landfill Fund Littêr COntrol & Prévèfitiört 99/ÖÖ CMH .. ê::öUisê Fund ~.g.V..UtilitiêS Fund Nótth Hutchinson Isláhd Utilitiè~ S~·' ttütèhinsón Utili tiéš fiurtd Stiõrt~ .' CöftîþléjC Fund aðlidãýPiftèS UtilitiêS Þund i1o.Udittg Códe F'ufid îfiförMatiót\Tééhfiolögy ttind Héä1thlfiSÙfafièe Fund Ptöþêí'tý/CàSuâltý tnsUtâtiêé Puftd mmra~a ž34.al~.41 235.()Q 3,504.20 3,15L:!9 1,154.11 53.38 962.16 a.al 234.24 sa.3ê 2,j13.01 64,9~a.6a 52,334.61 5.013.50 21,3SS.6B 4,966.90 ž,aO'i4ö 33B,ÖÖŽ.S2 2f4Ö~.g3 64.19 10,954.51 9,Soa.M 8,261.13 2,767.46 1:t~.51 519.36 124.50 610.99 sa;. 96 ïž6,ú4 1,611.00 12;1M.öö 1,499.00 15,Ma.ð6 .ì,4Sö.öo 24,ž4ö.l1 a,1~6.ì() I,M4.ÖO 14,aa5i~1 4a.al 9,Mj.93 3,943.33 33,3Bg,1S 3S,Ö9S.Ö~ .4,žg4.M 35;219.90 1ö1.94 êo1.02 I'Atm 1 PAftott Ž61.11a.~1 ö,ÖÖ ö.öö 1,266.1a 4,1ÖS.as lM.11 0.00 ð.OO lflS~ìas ö.Oö 1,151,M 9~;Sž6,6' 0.00 (j.M 42,4~g.~ a;126i44 2,100.8'0 a'OfS~5,4ß 0.00 (),M 6. Ugda ö.OO Ž,ISS.2ð 5,4gÒ,91 1.116,52 Ž.SSB,1j 0.00 1,563,'6 1,119,00 I,OŽ6.60 0.00 ð.Oö 0.00 0,0(') 0,0(} (M)() M,a2~ÌlðO OíðO 11,O~2.~ð la4.B& ~fðBI110 2.M&~2~ B,956,ðO 0.00 14,444.14 6&,6ga.~1 2,946.3B Ö,DO ',J~:;, ;;~tS)1Ž/óð - :·~:i~~~,. '~m\tA1tl1 VJJmAm.í tìŠ'f IM~ öê!:.MÁ'L~ôOO fð H~MAf,;.žOOð .,:,', . . ..' . MJNtJ ~y ~~.{. ....·~i,Li'~i.:;:...:;,li. .....£/;.:: ,"-Fi;¡i ./:~f1J.: .' ~.. ';,.-~'. :\r;s";~·,:' :;',,-:, 1.f .1" '510 ~êfVlCè Gåf'ãfê Fond 611 'Ï'ó\1t!st Dêvêlóþliíértt tru~t-Adv ~d 625 tå~ LibrAry sVf1öt~ ~..~ MMm GitANtJ tÖ'l'At: ~IS 1~f611.al 645. j4 i3.Mi.ii 1.023.324.26 ..", l'AðI 2 . ,mðtt , ,~§ð.l~ ~.261.6ð Ö.ÖO MÖ.ŽA6.46 ~LUêÍ~ còUN'fi ~ OOMtb .~:: 6SJ 1 Ì/ÖÖ ''''.;1:' ftmVAa·/ 'Vöï6 tJSfl 3l" M","MAf~žððô TÖ lŽ~MA1~ŽOOö ....., .~_; ··oot····'··"· Gè1Ìêrä1"~d Jt:¿¡;¡jjÄht'j~ì~(\~ OO:lS1629 'fíô196S1 ria PoWêt: & Light 12019652 12019653 12019654 12020133 12020136 12020138 12020142 12020144 t2020145 ï20ì0148 12020149 ...., êHEcK fbTAL! PUNb tmAL~ 'ì'MAL iLia 16.44 73.03 19.11 1 tt 93 10.04 36.91 M.16 29.16 12.4ù 2B.16 34.09 413.11 413,11 ~AM 1 -~",,"-- :.:ðS/l2!Q() \;;,i.',-·; :'PmVAAA· . S~Uê1~ œmm '" MAM ~ ttöì1J LtŠìfl ~~-'" M-"'MAfJ;žðôö tö H~MAf-,,~ðOO , ",~.,..\roNt1L.Jö':..:~J~!fiè. & ..Póf£êittifé Pùfid ~:r=.~i~~·,<;:,.::~,:P:~f~}i"~t ; 'MAL öö2s1629 fžò19491 tla Pòvêt & tight žl,gj 1201g493 9.S5 ctmdt totAL! 3 L 49 ptmiJ tmAL! g L 4a '~ PArm ž -"-.-....~~' ."" .:.,-<"~,~.....-~..;":!";,._,,...,..,,.-, '. 'c,,..,·t¡;...,__ .ðSJIŽ/ÖO S~t1dì~ tðMf'~ MMUJ ~ ,~b~ID· Vöïb LïSrl M~ M,,-MAf,:¡;~ôöö tö 12--MAf~~öôö ..~.:::PûNb: 14Ô;;,,"YPðrt &AlrþöHMd ~)¿lf~&··'· ······;)~fWð~èi\C";·~R· ðÖ2S1629 ïžo199äs Pla PÒWêt & Likht fMAL 19.ö9 FtJNb 'töTALt 19.ò9 PÁtm ~ -. '...__.:~,......... '"...._..".._......o;r.,.~- ~~~-" ':I,'...... ;¿~~.lÏž1ÖÔ . ~Ltfèt~ ê600f ~ MAlW ...., ':~vMm.' VÓ1fi LfSTlt~-" Ö~~MAt.=ŽÖÓÖ Tð 1~-"MA1..:~00ö :.i·:'~:.. ·14~ß.,£~:Mð~<1Üi~?Nnd -.J.)~f:······.....···:y:.. /_tr; ~ " - ,'.;,' '.,' <.,.,~ "(' böŽ51629 î20t9490 Fla Potfêt & Light 12019494 12019496 12019498 12019499 ì2019502 ·12020139 I2020140 ~ CltËcR TotAL: mt'AL l:la.~l 21.31 22.60 24.28 32.13 21.a1 35.92 361.1j 650.05 PUNiJ ToTAL: 6SÖ. ù5 'Á(fI 4 ;Õ~J121oô s'l\..ø6Ucï~ CòtJNTf ~ MMttJ ...., imVARR t/ötb LtStl j3- Ö6","MAY..:~OOõ tö l1-MAV~2ööö ~ . ·,c··Ï1ÙNb!.. 46L,:~:,SP6£-U' tðlliþi~ Puftd --J;¡~\" "';~~C~~· mAt 6ó:l516î§ .. ïìô2òl34 Plá !tof¡fêf ~ tight ~.S~ FUND TotAL: ~ò~g \~. ~Atm S ;':ôSJ12100;:;, S~t1èi~ CóOOf ~ MÁM -.J ':;"W1tì&Rf V'öïb tJstí 33-' ðg~MAý~~ððô TO i2-"-f.lAf~~õö(j 'WNn: . 4"I~·.·;-·ttóHda:Y.Þ!ñès Utili HêS Purtd :;c~cÎ·· ···'~,¡~Ô~ði;~·A_R tMAL ÔOÒ23göB Iíobï762 Plà Deþaftmèht of ~vitÓttMéhtå aÖÖ.ÒÖ F'tJNfi TOTAL! 900.00 , ".' "'F, '. PAt1I ~ 1 '-" ~ AGENDA REQUEST ITEM NO.A-1 DATE: May 16,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT) : Utilities Department William R. Blazak SUBJECT: Purchase of Bulk Water from Fort Pierce Utility Authority to subsidize the reclaimed water production at the South Hutchinson Island Wastewater Treatment Facility. The purchase of the water is on a temporary basis not to exceed 90 days. The cost of the hydrant installation is $50.00 and depending upon the extent of the dry spell water purchases could range from $5,000 to $10,000 per month. FUNDS AVAIL: 451-3510-543000-300 PREVIOUS ACTION: During construction of the facilities a temporary water connection and purchase of water was approved. RECOMMENDATION: Staff recommends that the Board approve the temporary purchase of water from Fort Pierce Utility Authority to subsidize reclaimed water at South Hutchinson Island Wastewater Treatment Plant. COMMISSION ACTION: X] APPROVED ] OTHER: [ DENIED derson Administrator /rv/ tip' /_ , County Attorney:x:1T1: .1.' f 'i i [I ;, ,r,j }~, If , ~ ,!-,,< .'/' Originating Dept: X \ {¡ t\;¡ .~ " ; -' Finance Director: (Check for Copy only, res Purchasing Other: if applicable)____ Other: ~ ..., ~ BOARD OF COUNTY COMMISSIONERS UTILITIES & RECYCLJ~~G DEPARTMENT WILLIAM ßLAZAK DIREGOR MEMORANDUM TO: Board of County Commissioners {71,if:x-- William Blazak, Utility Director \;\;\Cv FROM: DATE: May 16, 2000 RE: South Hutchinson Island Wastewater Treatment Facility - Water Purchase BACKGROUND: Based on our historical operation records at the South Hutchinson Island Wastewater Treatment Plant every year as the dry season approaches and our residents leave for the summer our reclaimed water supply diminishes substantially. In past years our operation staff has managed the reclaimed water excellently but even with good management there were times when the amount of water needed for minimal irrigation was not available. Depending upon the extent of the dry season and the number of residents on the Island, the amount of additional water needed on a daily basis is approximately 50,000 gallons. Utilities will implement conservation of reclaimed water and a watering schedule of every other day to maximize the amount of reclaimed delivered to our customers to maintain minimum irrigation to everyone. Even with conservation efforts there are times when the reclaimed water production will need to be subsidized. County Utility Staff is currently in the process of obtaining a pennit to construct a well that will supplement the reclaimed water production in the future and eliminate the need for the purchase of domestic water. The temporary purchase of water will be for this season only to subsidize our reclaimed production. It is important to note that the purchase of the domestic water just provides a margin of safety if it is needed. It is the intent of staff to manage the available supply of reclaimed water to minimize the purchase of the domestic water. RECOMMENDATION: Staff requests that the Board approve the purchase of domestic water from Fort Pierce Utility Authority for the South Hutchinson Island Wastewater Treatment Facility. HN D. ßf1,UHN, Disrricr No.1· DOUG COWAf1,D, Disrricr No.2· PAULA A. LEWIS, Disrricr No..3 . mANNIE HUTCHINSON. Disrricr No.4. CLIFF ßAf1,NES, Disrricr No.5 County Adminisrraror . Douglas M. Anderson 2300 Virginia Avenue e Fort Pierce, FL 34982 · Phone (561) 462-1150 . FAX (561) 462-1153 "Committed to Quality" ~ FORT PIERCE UTILI"tn:S AUTHORITY ~ 206 South Sixth Street (34950) Post Office Box 31 91 Fort Pierce, Florida 34948-3191 Phone 561-466-1 600 Fax 561-489-0396 5/3/00 Mr. William Blazak Utility Services Director 51. Lucie County P. O. Box 728 Fort Pierce, FL 34954 cq .~ ,- '- --i ,-- ~ RE: TEMPORARY WATER ("REUSE MAKE-UP WATER") SOUTH HUTCHINSON ISLAND {::; ,- Dear Mr. Blazak: ¿~ -' . . -( '..',~ In response to your inquiry concerning the temporary use of Fort Pierce Utilities Authority's (FPUA) water for reuse make-up water on South Beach, the FPUA would like to offer the following information: 1. FPUA will install a two-inch meter and backflow (RPZ) assembly on your fire hydrant at a cost of $50.00 (see attached sketch). 2. The rate for usage shall be as determined by the most recent or in effect Rate Resolution (see attached Rate Chart). 3. Temporary usage of hydrant meter shall be no more than 90 consecutive calendar days per year. 4. During this 90-day period and at FPUA's discretion, it may become necessary for this temporary service to be interrupted. Page 2 Letter to Mr. William Blazak 05/03/00 '-' -...I After you have had a chance to review the attached data, please contact me at extension 3423 to discuss the payment of the installation fee. We appreciate your interest in the services of the FPUA. Very truly yours, FORT PIERCE UTILITIES AUTHORITY /9-:ß Ct.441-tJL-/ David A. Mellert Senior Sanitary Engineer DAM/sLCBLAZAK Attachments cc Elie J. Boudreaux III, P.E., Director of Utilities Curtis Morris, Acting Director of Water/Wastewater/Gas Systems William G. Thiess, P.E., Supervising Engineer Cindy Southard, Administrative Coordinator Diane Mellert, Billing Supervisor J -, U1 _'-1-=" V I .~. U1 :::;: Z ........ ,.........-. ........::~:: Š en I CO .. ¡ CO e ~¿ .(/). en ... 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Ò ~~I'\).þ.~ 1-A001-A.þ.comcow...... .þ.m01ml'\).þ.......O...... 0 ~O~CO~~~N~comw01CO~~ ~~~coWmO~01_0 ~"""(J'col'\)m I-A~OO~COOI-A01 010000101.þ.~m ~ ø-{fl-{fl ~ - » I-A I-A -{fl -{fl -{fl -{fl ~ ...... ...... ~ ~ -{fl -(fl ~ N r~I'\)~WNI-AI-A~~_O~.þ.I'\)I-A......~-{fl-{fl 0 r~m~co01WO~~ .þ..þ.011'\)010com01 0 O......01I-A.þ.co............m...... .þ.m01mN01......I-A......, 0 ZN~comw......,m01I'\) ~~......COWWWI'\)O 0 ~ 01 01 ~ W en I-A ~ 0 0 ~ w CO ~ ~ ...... 01 0 0 0 01 CO .þ. ~ ...... ....... m ~ 3: "'C ï m m o "T1 ~ .... m ;:c C ~ > Q m - -- t::J CI) ." ~ O~~ :Š::s--t m~-o ::!::Oiì1 0-<::0 ~oo ~"'111 ñt~C::: ::oo~ <:...... ~;::! r--m ~:b 1==<::: ,....~ ~o G)~ ~~ rri en ~ ::0 ~ iri ::0 :b § ~ en rri ~ '~ ~ -.It.. ~ -.It.. <ð <0 (f) :J- (i) (i) ..... -.It.. o -... w 'v. \.If AGENDA REOUEST .., ITEM NO. C-2 A DATE: May 16, 2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBJECT: Pan Am International Flight Academy, Inc. - Proposed Recognition, Non-Disturbance and Attornment Agreement BACKGROUND: See attached memorandum CA 00-685 FUNDS AVAILABLE: N/ A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners the proposed Recognition, Non-Disturbance and Attornment Agreement with Pan Am International Flight Academy, Inc., and authorize the chairman to sign the agreement upon receipt of the signed originals from the sublessee. [x] APPROVED [] DENIED [ ] OTHER: E: COMMISSION ACTION: gl Anderson y Administrator County Attorney: ~ Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ ~ '-' ..,,; INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-685 DATE: May 5, 2000 SUBJECT: Pan Am International Flight Academy, Inc. - Proposed Recognition, Non-Disturbance and Attornment Agreement BACKGROUND: Pan Am International Flight Academy, Inc. intends to enter into a sublease agreement with B & E Houck Enterprises, Inc. to operate a flight school at the S1. Lucie County International Airport. The attached Recognition, Non-Disturbance and Attornment Agreement will govern the relationship between the County, as lessor, and the Flight Academy in the event of a default by the Houcks under their lease. Pursuant to the proposed agreement, the Flight Academy will be permitted to remain in possession of the subleased property and conduct its operations pending replacement of the Houcks with a new fixed base operator should default or early termination occur. CONCLUSIONIRECOMMENDATION: Staff recommends that the Board of County Commissioners the proposed Recognition, Non- Disturbance and Attornment Agreement with Pan Am International Flight Academy, Inc., and authorize the chairman to sign the agreement upon receipt of the signed originals from the sublessee.. Respectfully submitted, H~~ Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director Contracts Coordinator Deputy Clerk · MAY-12-00 FRI 04:21 PM FAX NO, p, 02 '-'--.. t' Prepared By and Rctum To: Gary W. Johnson, P.A. Dread and Cassel P.O. Box 4961 Orlando, Florida 32802-4961 For R~corùjng Purposes On:y RECOGNITION. NON-DISTURBANCE Al'"D ATTORNJ\.1ENT AGREF.r..ŒNT THIS RECOGNITION, NON-DISTURBANCE A~D ATTORNMENT AGREEMENT (the "Agreemene') is made and entered into this _ day of ,2000 by and between PAN ~\1 INTERNATIONAL FLIGHT ACADEIVIY, mc" a Delaware corporation (Sublessee"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Prime Lessor''). RE C!!A L§: '''l-IEREAS, St. Lucie County Port Airport Authority (the IIAuthority") and B & E Ho\.:ck Entetprises, Inc., a Florid:l corporation ("Houekh), entered into that certain Lease Agreement dated June 28, 1994 (the ''Prime Lease"), pursuant to which the Authority leased to Houck certain property located in St. Lucie C01Jnty, Florida, more particularly described on Exhibit A aLtached hereto and made a part hcreOÎ(the "Property"); WHEREAS, Prime Lessor is the successor to the Authority and has assumed the Authority's duties and obligations under the Prime Lease; WHEREAS, Houck and Sublessee entered into that certain Lease Agrecment dated April , 2000 (the "Sublease"), pursuant to which Houck subleased a portion of the Property described on Exhibit B attached hcrcto and made a part hereof (the "Subleased Premises"); WHEREAS, the parties hereto desire to assure TcnaTlt's possession and conirol of th~ Subleased Premises under the Lcasú upon the terms and conditions thcrein contained. NOW, THEREFORE, for and in consideration oftl1e mutual promises herein made and othcr good and valuable consideration, thc receipt and sufficiency of \'vhlch arc hereby acknowledged and confessed by the p;lrtics hereto, the parties hereto do hereby a!,S'1ee as l'QlJows: ORl1IRt:Al¡¡snn020f 3 19\ð5l0001 (;yYJ )' 5/81tX: 2:09 p.., MAY-12-00 FRI 04:22 PM FAX NO. P. 03 ~ ,...... 'III!!.. i ~·Cr I\cçordinø PUlt<).~ Only A GR~EM!~I: 1. Prime Lessor hereby consðnts to the Sublease, 2. Provided Sublessee is 110t in default in the paymer.t of rent or other sums payab!e by Sublessee under the tenns of the Sublease or under any other provisîon of the Suble:::.sc beyond any app1ic~ble grace or cure period, and provided further that Sublessee is then in occupancy of the Leased Premises (as defined in the Sublease), t~~ right of poss~ssion of Sublessee to the Premises shall not be affected or disturbed by any termination of this Prime Lease or by Prime Lessor in the exercise of any of its rights and rcmc::dies under the Prime L~ase. 3. In the eveI1t of any termination of the Ground Lease by Prime Lessor, Prime Lessor may assign the Sublease to a fixed base opcra¡or ("FBO") in conjunction. with a leasè tQ such FDO of property including the Sublea$ed Premises provided that such FBO shall aSSUme in writing aU of Houck's duties and obligations under the Sublease. 4. Sublessee shall not pay an installment of rent or any part rhcreofmorc than thirty (30) days prior to the due datc 0 f such installment, and Prime Lessor shal1not be bound by, and shall be entitled to recover ñom Sublessee as rent under th: Sublease, a.TJ.Y paym~nt of rent or additional rent made by Sublessee to Houck for more than one month in advaI".ce. 5. Upon Prime Lessor's delivery of notice to Sublessee that Prime Lessor has tenninarcd the Prime Lease or Houck's right to possession thercunder and that the rentals under the Sublease should b~ paid to Prime Lessor, Sublessee shaH thereafter pay to Prime Lessor all rentals and othcr monies due and to become due to Houck unùer the Sublease. 6. All notices which mayor are rcqu'ired to be .sent under this Agreement shall be in writing and shaH be sent by certified or registered U.S. mail, postag~ prepaid. return rcçeipt requested, aT!d sent to the party at the address appearing below or such other adùress as MY party shall hereafter inform the other party by written notice given as set forth above: Lessor: Pan Am IT1lemational Flight Academy, Inc. Miami International Airport P. 0, BQX 660920 Miami, Florida 33266 with a copy to: Gary W. Johnson, P.A. Broad and Cassel 390 N. Orange Avenue, Su¡tt~ 1100 Orlando, Florida 32801 2 OR~ :'.REALi!S'N2020 1.3 19'ij!j/OL'01 <,..vJ \Ii ~o.QQ 2·0:1 P>,I MAY-12-00 FRI 04:22 PM FAX NO. P. 04 ~ ~ Fo. Rcct>n!ín¡c Purpo~c> Odl~ County: St. Luci~ County An notices d~livered as set forth abo..'c shaH be deemed effective three (3) days from tho dare úepositcd in th~ U.S. mail. 7. The Prime Lease (and in particular, Paragraph 35 thereof) shan not eover or encumber and shall not be construed as subjecting in any manner to the lien thereof any oî Sublessee's trade fixtures, furniture, equipment or other persona! property at any time placed Or installed in the Subleased Premises, or any of Subless¡::ç'g revenues, income, rent, earnings or profiIs from the Subleased Premises; provided, however, that Prime Lessor shall continue to have a security interest in any and all rent artd other amounts due and payable by Sublessee to Houck pursuant to the tcrm.s ofthe Subiease. 8. This Agreement shall inure to the benefit of and be binding upon the parties her~to, their successors in interest, heirs and assigns and any subs~quent owner of the Subleased Premis~s secured by the Mortgage. 9. Should any action or proceec.ling be commenced to enforce any of the provisions of this Agreem~nt or in connection wirh its meaning, the prevailing party in such action shan be awarded, in addition to any other fellef it may obtain, its reasonable costs and expenses, not limited to taxable costs, and reasonable attorney's fees. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above written. WITNESSES: SUBLESSEE: PAN AM INTERt'ìATIONAL FLIGHT ACADEMY, INC., a Delawaro corporation By: Name: Title: Print Name: -, Plint Name: 3 CP.lII/lEALeS1'3Z0:ZC 1.3 1¡¡'~S,OJOi CWJ y 5t~:OO Z'OJ PM HAY-12-CO FRI 04:23 PM ~ ......., \VITNESSES: Print Name: Prim Name; Print Name: Print Name: STATE OF COUNTY OF FAX NO. P. 05 ~ For lI.eccnlln( i'\U!1,¡,¡c$ Unly PRIME LESSOR: ST. LUCrE COUNTY, a political subdivision of the State of Florida By: Name: Title; Attest: Name: Title: The foregoing instrument was acknowledged before me this _ day of , 2000, by - , as of PAN :\1\1 INTERNATIONAL FLIGHT ACADEMY, INC., a Del3war~ corporation, on behalf of the corporation. He/She is personally known to m~ or has produced as identification. ':¡R\. IIF.E/olEsm::!O'01,~ 1"6~JOOOI G\~J 11 !is/oo 2:0'3 PM (Signature of Notary Public) (Typed name of Notary Public) Notary Public, State of Commission No. My comn1Îssion expires: 4 NAY-12-00 FRI C4:23 PH FAX NO. P. 06 '-' ..... ~ rOf Rc:cordinK FUfpoms Only STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged b~forc me this _ day of -J 2000, by , as , and by , as , of ST, LUCIE COUNTY, a political subdivision of the State of Florida, on b~half of the County. They are personally known to me or have produced as identification. (Signature of Notary Public) (Typed name of Notary Public) Notary Public, State of Commission No. My commission expires: -- 01'11. 1\R~.AlES~:¡Z02( 1 " 191/WOOO1 GW~ YI ~8IOO Z:~~ f'IJ 5 ............~ MAY-12-00 FRI 04:23 PM FAX NO. ""~, ~. t;tü: a I r "A" PMC'E:!. A: A pa.rcel of la.nd lying in &:1ci being", part ot Sec:tior. 30, Town~riip 34 Sc~th, Range 40 East, and be~ng ~o~e par~i~ula,ly cI..c:~ib"d ~3 follows: r:o~ ~he Southe&5t co:~er o~ Secticn 30, Tcwn$hip 34 ~ou:h, Ranq~ 40 E~s~, ru~ ~or:h O-J9'O~" Ea5t alonç ~he eàst l~ne af .~i¿ S.c~ion 30 & dist~nce of 2,06~.lC fe~t ~o tne inter:Õðction 0: the sou1:herly edge' of SWiNE iLnd the S~/w..¡ e~~iw&y.¡ th.nc~ run SQuth 45·00'00' We.t a10n9 the .ou~he~ly edge ot the SWINE: ta.xiway " distance of 4S!I.OO !Qat to ,¡" point, sAid point being thQ Point of 8eginni~9; ~henc~ continue south 45'00'00 west a di5tance of 1,103.67 fQ9C more or less to a point lying on the aut line of thQ south clearifonc. zone for the north/south ::umJaY of "-he St. l.uci~ Coun~y In~.rn4tlon~1 Airport I thenc~ run south .OSo12'3a" eaat alonq the e4s~erly line of s5id cle4r~nce zona ð distance of 172.71 feet more or less to " poir.~, 5aLd point bein'] the northwest corn@~ of a tract of land as described in OR Book 100, Page 173, Public ~ecords Qf St. LUci~ County, Florida, thence run Bouth 89~9'S8· e&st a dist&rce of 653.15 !~ét to a point, said point lyin9 en the ~orth line of A tract of l~nd AS described in OR Book 100, Page 173, ?ub1ic Record~ of St. Lucie County, Florida; thence run North 45~OO'OO" "east a. di5tAnce of 539.35 feet to ~ point, Ia.id point lying on the w..~erlr R/W of the St. Lucie CountJ !n~.rnAtion~l Airport termina acce9S ro.ä as conveyed by the Fort Pie~cê Port ~nd Airport Aut~or~ty to St, Lucie County, Florida, 4$ described in OR Boox 49, Page 216, Public RBCord3 of St. Lucie Cour.~y, Florid&~ thence =un north 0-29'02" east Alcnq th~ wcst~rly R/N lint! of ator~I1Ient:1.onec1 tlt:ll\ilJ.al ðoces:; road a distancu of 304.9a feet ~o A point, thence t'1Jn north 4S·00 '00" loIe"t a àistancð of 394.35 teet to tne poir.~ of beginning, all lying in Section JO, Tovn8hip 3' South, Ra~ge 40 E~a~, St. Luoie County, Flo~id.·/!xceptin9, ho~.ver, the building loca~od on Lot 4 according to the pLAt prepared by F.E. 1::n91ar in September 194 7, now Occupied by the Civil }.il;' PatroL, together with the right or inqresa and eqrU3 to and from :;a.Lt building.. PARC!;L B A p&~cd of :'4nd lying in and bainq a. part of Sectio,.,. 30, ~ownshlp 34 South, Range 40 east And being more PQrticu14rly described aa follows: aeginning at the south~.st corner of Section 29. Town$hip 34 South, Rang_ 40 2,ut run ~outh 89-1'-34" ea.::t 30.00 feet to a point lyinq on t be louth line of said 5ection, t~=nce ~Un north OO·2G'26" east 625.22 feet parall~l to the we:;t line ot _aid ..~ction to a po.!..nt; thane. t"1.I1'I .OLJt~ 87"5l '34" .aot. 36.0~ feet t.o - point; .aid poLnt bei~9 the ~oint of Boqinnin91 from said Point of Beqinning rUn louth 87·51'34" e43t 668.93 te~t to a point; thence run north 45'15'26- east 515.68 fe~t~o d PQint; thence rl.ln north H'42'J4" 'oIe5!; 1,314.92 feat. to ð point; said point. beioq the P.C. of a CUL~a ccncðved to the "'cst, h¿vinq a delt4 Angle of 30·04' and a radiu~ of 1,294.52 f.e~; thence rùn in a southerly direct:ion ~lonq ~he drc ~f sAid curve 678.55 teet to a pointr said ?oint being the PoT. ot said curve; thence run south 45'¡¡'25" west: 100.00 fè~t t;o a point! thenc:e tun south 00' 22'26" "',Ut lOO.OO feet to a point¡ t~ènce rUn 30uth OO·22'~6" west 540.00 to a point; said point being the 'Qint of Boginning. All lying in SOCtion 29, Townahip 34 South, R4nçe 40 East, St. Lucie County, FlcriJ~. Allot the Above subje~t to Ga$em~nt5 a~¿/or Rights-ot-~al of record. F. 07 MAY-12-0C FRI 04:24 PM FAX NC. ~, ""fIlL.- !'ARC!:L C A pa:cel of l.~d lying in and being ð par~ 0: S~c~ion 30, ~o~n~hip 34 Scu~h, RangG tc E~~t, and bc~n9 moce ~4rtlcul~rly described as fol~o~&: Commencing at the Southaast corner of S~;ticn 30, Tcw~~hip J~ South, ~ange 40 East, St. Lucie County, Florida; th~ncc ru" N 00·00' 16" W, Along the East line 0: the Southeast 1/4 of said Section 30 for ~ diatance of 2665.52 feet to ~n iron rod at the exi~tln9 centerline inte:seetLo~ of RUnway~ 4 and 14, of the St. Lycie Co~nty International Atrpor~; thence r~~ S ~5. 00' 00· W a.lon~ the exi~ting centerline of ti.urway .; t~: ð d¡~~&nc. o~ 4G4.00 foet' thence S 45· 00' 00· E for a d¡,Cance of 11.0 te~t to the Point of B~;innir.9; thence ~un N 4S. 00' CO" W lor Ii distance of 600.00 !eet' ~he;}ce run £ 4=000' 00" W tor ð di'~Ance o! 800.00 feet; thenc~ ran S 4S. ~J' 00" E for · dLs~ance of 600.00 feet' the~ce run N 45- 00' 00" E fo: · dL~tAnce of 800.00 teet to ~he PoL~t of Beçinning a~d to close. All of the above su~ject to eðsemer.t~ ~nd/or Riqhts-of-Way of racord, PARCEL t): Parcel of hnd tying in Aod being a part of .section 30 I Township 34 South, Ranga 40 EAst and belng mer p~r;tc~larly d-øcribed AD follo~,; Commencing At t~e Southw.st corna~ of Section 30, ~ownship 34 South, Ran90 40 East, St. Lucia COU~tï, florid~i th~nc~ run 1/ 00· OC' 16" W, along the !ost line of tha Southa~8: 1/4 of laid SEction 30 for a diat:~nce of 2655.52 feet to ao i.on rod At t~a existing centerline intersection of Runways 4 ~nd 11, of the St. Lucie County Intern.tional ~irperti thence r~n S 45- 00' 00" W, alol'lg the exi$tiOI] cen~erline of Ruo...,ay 4 fox ð Ql.:Jtance of lJ64.00 he~' thence S 45' 00' 00" ~ for c1 dis~ance of 11.00 feet to the Point of Be91nningr thance run ~ ~5· 00' 00· w tor a distance of 990.00 fee~, th~nce run 5 450 00' OO~ H for ð distan=e of 410.QO fe.~' thence :Un 3 ~S. 00' 00· E for ~ di9t.ncc of 990.00 teat then~e run N 45· 00' 00" 2 for a di9tance of 440.00 teet to the Point of Ee~ir.nln9 And to close, Allot the Above Subject to ea.:sement:; al'1d/or Ri9hts-of-W~y of recorQ. PARCEL E; Commenclnq at the Southeast Ccrner o! Section 30, Township 34 South, Range 40 East, St, Lllcie County¡ Florida; thence North 00' 00' 16" Nest, along ~he ~ð5t line of the Southeast 1/4 of 9~id Section 30, d ~ist~nce of 2655.52 feet to An iron rod at the existing c~~terllne int.r~ectlon of RUnwAys 4 And 14, of the St. Lu~ie Co~nty Internat.ional Airpo!:"t¡ thence Sout:.h 45° 00' CC" West, Alon9 the exi~tjng c~nt.er1ine of Run~ðY 4, a di~tancc of 464.00 feet; thence North 45400' 00· Wl!st ~ distance of 589.00 teet to the Point of Seginoin;; chene Coft=~nuing North 45· 00' 00· We~t a distance of 600.00 ~ec¡ the~cù South 45' 00' 00· West a dist~nce ot 800.00 eet¡ thence Socth 45· 00' 00· E~st a distance 0: 600.00 eet¡ thence No~~h 45· 00' OON East ð distance of eoo.JO teet to the Point of Be9innlnq. All of tha a~=ve subject to øase~ènt~ anà/cr R19hts~of-Way of reCOl~. ,.' P. 08 · MAY-12-00 FRI 04:25 PM FAX NO. F. 08 '-'..-., .~ Fa: Rc."C(}rd¡,,~ P''';llx,~, O:'fiy EXHIBIT R LEGAL DESCRlPTI0~ OF THE SLt3LEASED PREMTSES FROM THE SOUTHEAST COR.!\JER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, RUN NORTH OO~9'02" EAST ALONG THE EAST LINE OF SAID SECTION 30, A DISTANCE OF 2,064.10 FEET TO THE INTERSECT!ON OF THE SOUTHERLY EDGES OF THE SOUTHWEST/NORTHEAST AND THE SOUTHEASTINORTHWEST TAXI WA YS; THENCE RUN SOUTH 45°00'00" WEST ALONG THE SOUTHERLY EDGE OF 'I'HE SOUn·IWEST/NORTHEAST TAXI WAY, A DrSTA~CE OF 489.00 FEET TO A POINT SAID POINT BEING THE PONT OF BEGlNNf.\JG; THENCE CONTINUE SOUTII 45°00'00" \~lEST, A DISTANCE OF 1,103.67 FEET, MORE OR LESS TO A POINT L YINO ON THE EAST LINE OF THE SOUTH CLEARA1\CE ZONE FOR THE NORTH/SOUTH RUNWAY OF THE ST, LUCIE COUNTY, FLORIDA AIRPORT; THENCE RUN SOUTH 05°12'38" EAST ALONG THE EASTERLY LINE OF SAID CLEARANCE ZONE, A DISTANCE OF 172.71 FEET, MORE OR LESS TO A POINT, SAID P01NT BEING THE NORTHWEST COR.,\¡ER OF A TRACT OF LAND AS DESCRIBED IN O.R. BOOK 100, PAGE 173; THENCE RID¡ SOUTH 89°29'58" EAST, A DISTANCE OF 655.15 FEET TO A POINT, SAID POINT LYING ON THE NORTH LINE OF A TRAC1' Of LAND AS DESCRIBED IN O.R. BOOK 100, PAGE 173, PUBLIC RECORDS OF ST. LUCIE COlJNTY, FLORlDA; THE~CE RUN NORTH 45°00'00" EAST, A DISTANCE OF 539.35 FEET TO A POINT, SAID POINT LYING O~ THE WESTERLY RIGHT- OF-WAY OF AIRPORT TECU.1L."lAL ACCESS ROAD AS COl'iVEYED BY FORT PIERCE PORT A:.'J"D AIRPORT AUTHORITY TO ST. LUCIE COUNTY, FLORIDA, AS DESCRIBED IN O.R. BOOK 49, PAGE 216, PUBLIC RECORDS OF ST. LUCIE COUNTY; THENCE RUN NORTH 00°29'02" EAST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF AFOREMENTiONED A1RPORT TERMINAL ACCESS ROAD, A DISTANCE OF 304.98 FEET TO A POINT; THENCE RUN NORTH 45°00'00" WEST, A DISTANCE OF 384.35 F£ET TO THE POlNT OF BEGINNING, ALL L YlNG IN SECTION 30, TOWNSHIP 34 SOUTU, RA,NGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. A~1) INCLUDING, PARCEL B, MORE PARTICGlJARLY DESCRIBED AS FOLLOWS, FROM THE SOUTHEAST CORNER OF SECTION 30, TOWNSHIP 34 SOUTH, RANGE 40 EAST, RuN NORTII 00°29'02" EAST ALONG THE EAST LINE OF SAID SECTION 3D, A DISTANCE OF 48.00 FEET TO A POINT; THENCE RUN NORTH 89°29'58" WEST) A DISTANCE OF 74.00' TO A POrNT IN THE WEST L~E OF AIRPORT TF:R.~INAL ACCESS ROAD; THENCE RUN NORTH 00°29'02" EAST ALONG THE WEST LINE OF AIRPORT TERMINAL ACCESS ROAD, A DISTANCE OF 776.86 FEET TO A POINT. THENCE RUN :\TORTH 89-27-43" WEST, A DISTANCE OF 177.22 FEET TO TIlE PO)NT OF BEGINNING, AND EXTENDING THENC't-: (1) NORTH 89°27'43" WEST, A DISTANCE OF 137.02 FEET TO A POINT, THENCE (2) t\ORTH 44°59'50" EAST, A DISTANCE OF 195.44 FEET TO A POINT, THENCE CRL '\R£AlE5~:¡():¡O 1.3 ,g~S5iÏ>G01 GWJ )' ~~/OO 2:C9 PM · MAY-12-00 FRI 04:25 PM FAX NG. P. 10 '-',-., ~I (3) SOUTH 00°29'02" WEST, A DISTANCE OF 139.50 FEET TO THE POINT OF BEGp'\'r\ING CONTAINING WITHIN SAID BOUNDS 9.557 SF (0.219 ACRES), MORE OR LESS. EXCEPTiNG, HOWEVER, THE BUILDING LOCATED ON LOT 4 ACCORDING 1"0 THE PLAT PREPARED BY FE. ENGLAR IN SEPTEMBER, 1947. NOW OCCUPIED BY THE CIVIL Am. PATROL, TOGETHER WITH THE RIGHT OF INGRESs AND EGRESS TO AND FROM SAID BIJ1LD1NG. for R=réillS Pw¡:oscs 0"iy ^LSO EXCEPTING, PARCBL A MORE PARTICULARLY DESCRIBED AS FOLLOWS, FROM THE SOUTHEAST CORl';ER OF SECTIO~ 30. TOWNSHIP 34 SOUTH, RANGE 40 EAST, RUN NORTH 00°29'02" EAST ALONG THE EAST LINE OF SAID SECTION 30, A DJSTA."\TCE OF 2065.21 FEET TO THE INTERSECTION OF THE SOlJTHERL Y EDGES OF THE SOUTHWESTINORTHEAST AND THE SOUTHEASTINORTHWEST TAXI WAYS; THENCE RUN SOUTH 45¢29'33" WEST ALONG THE SOUTHERLY EDGE OF THE SOUTHWESTINORTHEAST TAXI WAY, A DISTANCE OF 489.00 FEET TO A POINT, THENCE RUN SOUTH 44°30'4\" EAST, A DISTANCE OF 327.41 FEET TO THE POI}"ry OF ßEGINNING, A1\D EXTENDING THENCE (1) SOUTH 44Q30'41" EAST, A DISTANCE OF 57.00 FEET TO A POIST IN TrIE WESTERLY LINE or THE AIRPORT TE!t.\i1INAL ACCESS ROAD, THENCE (2) SOUTH 00°29'02" WEST ALONG SAm WESTERLY LINE, A DISTANCE OF 303.18 FEET TO A POINT, THENCE (3) SOUTH 44°59'50" WEST, A DISTANCE OF 252.79 FEET TO A PONT, THENCE (4) NORTH 00°29'02" EAST, A DISTANCE OF 286.72 FEET TO A POINT. THENCE (5) NORTH 16°54'54" EAST, A })lSTAKCE OF 148.21 FEET TO A PO~"T~ THENCE (6) NORTH 45Q3 t '26" EAST~ A DISTANCE OF 134.25 FEET TO THE POINT OF BEGINNING. CONTAll\ING WITHIN SAID BOUNDS, 64,572 SF (1,482 ACRES), MORE OR LESS. ORLI\ru:ALES r'oJ";]QI J 111160100c, CWJ ~i ~'o.co 2:0~ I'M ,/ W' ~ AGENDA REODEST ITEM NO. C·~ ß DATE: May 16,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT): Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Permission to File Suit - Board of County Commissioners vs. Robert Wiener BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION: Staff recommends that the Board authorize the County Attorney's office to file suit against Robert Wiener for failure to pay rent for use of North port Marina Island. COMMISSION ACTION: CE: [x] APPROVED [] DENIED [ ] OTHER: County Attorney: Çj/ I Review and Approvals Management & Budget: Purchasing: Originating Dept. Sheriff: Other: Finance: ....... .."", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: FROM: C.A. NO: Board of County Commissioners Katherine Mackenzie-Smith, Assistant County Attorney 00-693 DATE: May 10,2000 SUBJECT: Permission to File Suit- Board of County Commissioners vs. Robert Wiener BACKGROUND On November 23, 1993, St. Lucie County entered into a Lease Agreement with Robert Wiener wherein the parties agreed that the Lessee would operate a boat tour/canoe rental concession facility at the Northport Marina Island. Lessee was to pay a minimum annual rental of four thousand eight hundred and no/lOO ($4,800.00) to the County made in monthly payments of four hundred and nolI 00 ($400.00) which was due on the twentieth (20th) day of each month without billings. On April 1, 1997, the Agreement was amended to reduce the scope of the area being leased from the County and reduce the rent to three thousand and nolI 00 dollars ($3,000.00) in monthly payments of two hundred and nollOO ($200.00) from April through September and three hundred and no/lOO dollars ($300.00) from October through March. On April 25, 2000, the Finance Department shows an outstanding amount of$4,080.34 due through June 30,1999 on this lease. An additional $68.71 would be due if we prorate through July 10,1999 bringing the total to $4,149.05. (see attached memorandum) RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the County Attorney's office to file suit against Robert Wiener for failure to pay rent for use of Northport Marina Island. Respectfully submitted, KaL~iili Assistant County Attorney KMS/mt Attachment ~ ' ,.." """ DEPARTMENT OF LEISURE SERVICES MEMORANDUM TO: Katherine MacKenzie Smith, Assistant County Attorney THROUGH: Mike Leeds, Leisure Services Director ~/~ FROM: Don McLam, proj ects Manager DVY\B- DATE: April 27, 2000 SUBJECT: Bob Weiner ***************************************************************** Attached is the response from Finance as to the amount Bob Weiner owes the County from use of Northport Marina Island. Please proceed with "Legal Action". CC Robert Bradshaw, Assistant County Administrator Dan McIntyre, County Attorney ..~ - G _Ii'} ¡" 1,',1 o ~ rL[~··':J .. ~' fJ! ! ¡ tr! APR 2 7 I i L__,_.._.. _ ......(..... U!\t'-··· ~....) 1'·1; Y " .---.... ~ ...." CLERK OF CIRCUIT COURT FINANCE DEP ART11ENT ~~ INTEROFFICE 11EMORANDUM TO: Don McLam, Leisure Services THRU: Mike Leeds, Leisure Services Director () ~ Sharon Bouton, Assistant Finance Directort_l~ April 25,2000 FROM: ~. DATE: SUBJECT: Bob Weiner Rent The Finance Department shows an outstanding amount of$4,080.34 due through June 30, 1999 on this lease. An additional $68.71 would be due if you pro rate thru July 10, bringing the total to $4,149.05 If you have any questions or require any additional information, please feel ftee to contact me. Thank you SB/llh CC: Robert Bradshaw, Assistant County Administrator Chris Hartley, Finance Director Katherine MacKenzie, Assistant County Attorney Linda Brown, Assistant to the Leisure Services Director Nancy Palka, Accounts Receivable Supervisor 00-103 memos.afd/wienerrent ST LUCIE COUNTY BOARD OF COMMI~)ERS PREPARED: 04-25-00 r"""" OUTSTANDING RENT ..,. WEINER/GREAT AMER RIVER TOUR AS OF: ' MONTH PAST DUE TAX RENT AMOUNT PAID PAID PAID PAID PAID 11/4198 01/14/99 03/12199 04/05/99 PAID RENT TAX BAL PAST DUE PAST Due PAST Due FY97 001-0000-115000-000 CPI97 37.62 578.72 578.72 9/97 13.00 200.00 200.00 FY98 001-0000-115000-000 10/97 19.50 300.00 160.25 139.75 11/97 19.50 300.00 300.00 12/97 19.50 300.00 29.73 270.27 1/98 19.50 300.00 199.21 100.79 2/98 19.50 300.00 300.00 3/98 19.50 300.00 68.69 231.31 15.03 246.34 4/98 13.00 200.00 200.00 13.00 213.00 5/98 13.00 200.00 200.00 13.00 213.00 6/98 13.00 200.00 200.00 13.00 213.00 7/98 13.00 200.00 200.00 13.00 213.00 8/98 13.00 200.00 200.00 13.00 213.00 9/98 13.00 200.00 200.00 13.00 213.00 FY99 001-7216-369910-7101 10/98 19.50 300.00 300.00 19.50 319.50 11/98 19.50 300.00 300.00 19.50 319.50 12/98 19.50 300.00 300.00 19.50 319.50 1/99 19.50 300.00 300.00 19.50 319.50 2199 19.50 300.00 300.00 19.50 319.50 3/99 19.50 300.00 300.00 19.50 319.50 4/99 13.00 200.00 200.00 13.00 213.00 5/99 13.00 200.00 200.00 13.00 213.00 6/99 13.00 200.00 200.00 13.00 213.00 7/99 - 10days 4.19 64.52 64.52 4.19 68.71 8/99 9/99 I 405.81 6 243.24 938.97 469.48 469.48 469.48 3 895.83 253.22 4149.05 TAX: 61.03 30.52 30.52 30.52 CK TOTAL: 1,000.00 500.00 500.00 500.00 '-' AGENDA REOUEST I~\1NO. C...~~ DATE: May 16,2000 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY(DEPT):County Attorney Heather Young Assistant County Attorney SUBÆCT: Sportsman' sPark West- TenninationofJanuary28, 1986 Lease Agreement with City of Port St. Lucie BACKGROUND: See attached memorandum CA 00-699 FUNDS AVAILABLE: N/ A PREVIOUS BOARD ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners tenninate the January 28, 19861ease agreement with the City of Port St. Lucie for Sportsman's Park West effective October 1,2000. [xl APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Attorney: ¡¥ Review and Approvals Management & Budget: Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable): _ " '-" ...,,¡ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 00-699 DATE: May 10, 2000 SUBJECT: Sportsman's Park West - Termination of January 28, 1986 Lease Agreement with City of Port St. Lucie BACKGROUND: On January 28, 1986, the County entered into a Lease Agreement with the City of Port St. Lucie to lease Sportsman's Park West. Pursuant to the agreement, the County assumed responsibility for the development, maintenance, and control of the park until January 28, 2011. In conjunction with the recent negotiations on the parks impact fees, County and City staff tentatively agreed that the County would relinquish control of the park effective October 1,2000, subj ect to Board approval. Accordingly, staff is recommending that the County terminate the lease agreement effective October 1,2001. Although the lease agreement requires only forty-five (45) days notice of termination, staff recommends that the City be officially notified of the termination at this time in order to allow for a smooth transition period. CONCLUSION/RECOMMENDA TION: Staff recommends that the Board of County Commissioners terminate the January 28, 1986 lease agreement with the City of Port St. Lucie for Sportsman' sPark West effective October 1,2000. Respectfully submitted, ~~ Heather Y oun Assistant County Attorney Attachment BY/ Copies to: County Administrator Finance Director Leisure Services Director Management and Budget Manager Contracts Coordinator Deputy Clerk