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Agenda Packet 09-07-99 (Part One)
" '-' ....., WELCOME SEPTEMBER 7,1999 BOARD OF COUNTY COMMISSIONERS MEETING AGENDA GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC 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 Drior 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. rf As a general rule, when issues are scheduled before the Commission under department request or public hèaring, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT-Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, Fla. 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. '-' ""'" 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 BOARD OF COUNTY COMMISSIONERS AGENDA September 7,1999 7:00 P.M. '/;1 I/¿¡LL c-..s ,# IV I. ~ ~ vi ¡J ~ j)1J-/:J ¡t6/ C /J. I ¡() f ~ X. (l/(¡,., (I .- U (; I 1/ I '1 (.Jr-'ÍI c.- 1f/7 INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held August 24, 1999. 2. PROCLAMATIONIPRESENTATION A. Leisure Services - Presentation by Adel Endres on her proposal to con~tr ct a. nd facilitate a "Butterfly House" at the Savannas Campground. ~. _6 v^-__ ~ .~ ¿:. '~'i// Resolution No. 99-216 - Commending James M. Artman for achieving the rank of Eagle Scout with the Boy Scouts of America. B. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS COUNTY ATTORNEY SA. Resolution No. 99-213 - Consider staff recommendation to approve the resolution abandoning a Portion of Abbott Street and the Undefined Strip of Land of Ben Hogg's Subdivision, and authorize staff to advertise the Notice of Abandonment. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boarö at these meetings will need a record of the proceedmgs and for such purpose may neeö to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any parIT to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meetin2 should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1418 at least forty-eight(48) hours prior fo the meeting. '-' ...,,; REGULAR AGENDA SEPTEMBER 7,1999 PAGE TWO PUBLIC HEARINGS (CONTINUED) COUNTY ATTORNEY (CONTINUED) SB. Ordinance No. 99-11- Consider staffrecommendation to approve the Ordinance deleting the Port and Airport Authority from the definition of County Employee and creating a section in the Code to provide for the payment of food and promotional expenses incurred while ) promoting the common interests of St. Lucie County. Y þJ' ~\ , TV DEVELOPMENT 0 r1t Resolution No. 99-183/Petition of Beverly Schoeneberg -Consider staff recommendation to approve the resolution to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-S Zoning District. Location: 21430 Glades Cut-Off Road. SD. ~,--~.vut ¿ I I') / SE. Resolution No. 99-187/Petition of Charles A. White - Consider staff recommendation for a change in zoning from the RM-S (Residential, Multiple-Family- S duJacre), CO (Commercial, Office), and CG (Commercial, General) zoning districts to the PUD (planned -Unit Development - Pine Summit) zoning district, and for approval of the Preliminary and Final Planned Development Site Plan, for the Planned Unit Development to be known as Pine Summit PUD. Location: East side of South U.S. Highway No.1, approximately SOO feet South of the entrance to the Vista St. Lucie Condominiums) Ordinance No. 99-017- This is the second of two required public hearings. Consider staff recommendation to approve the ordinance amending Section 7.10.16(Q)(1)(a)(1)(c), ofthe St. Lucie County Land Development Code, to provide for the clarification of common use areas to refer to public or private roadways. 6. UTILITIESIRECYCLING A. Recycling Education Grant - Consider staff recommendation to approve the acceptance of the $132,681 FY 1999-00 Recycling Education Grant Award from the Florida Department of Environmental Protection, and authorize Chairman to sign the quarterly reimbursement reports. B. Position Reclassification - Consider staff recommendation to approve the modification of the Education Specialist position for the Recycling Department to require an equivalent Teaching Certificate, and to reclassify the position from the current Grade 17 to a Grade 21 at a starting salary of $24,710. '-' '...I REGULAR AGENDA SEPTEMBER 7,1999 PAGE THREE 7. COUNTY ATTORNEY Resolution No. 99-218 - Consider staff recommendation to approve the resolution pertaining to the Endorsement and Congressional Authorization of the Central and Southern Florida Project Comprehensive Review Study (Restudy). '-" '...I CONSENT AGENDA SEPTEMBER 7.1999 1. WARRANTS LIST Approve warrants list No. 46 thru 48. 2. PUBLIC WORKS Engineering _ Consider staff recommendation to approve the one year extension to the agreement for Roadway and Intersection Design with Culpepper & Terpening, Inc.; Kimley-Horne & Associates, Inc.; Lindahl, Browning, Ferrari & Hellstrom, Inc.; and Inwood Consulting Engineers, Inc., and authorize the Chairman to sign the agreements. LEISURE SERVICES ( 3. IlV'r A. \) { A to approve D & B Tennis as the contractor to resurface the Tennis Courts. - ~ .~I '~¡} PA System for Lawnwood Stadium - Consider staff recommendation to approve 011 \ ~ I~' (1'Ý Budget Amendment No. 99-138, and Equipment Request No. 99-239 for the purchase '\ /:1r\~ îlf" l o£the PA System for Lawuwood Stadium, . ~ Budget Amendment No. 99-136, and Equipment Request No. 99-237 for the purchase IV of a computer for the Historical Museum to institute a collection management system. D. Electrical Replacement / Savannas Campground - Consider staff recommendation to approve Budget Amendment No. 99-13S allocating $17,400 for replacement of the electrical connections in Area One at the Savannas Campground, and approve a change order to the contract with Pipeline Energy, adding this work to the contract. E. l,JF. Resurfacing Lawnwood/Lakewood Tennis Courts - Consider staff recommendation Lighting Boards and Dimmer Pack - Civic Center - Consider staff recommendation to approve Budget Amendment No. 99-137 in the amount of $S,24S, and Equipment Request No. 99-238 for the purchase of lighting boards and a dimmer pack for the Civic Center. Equipment for Edwards Road Park Compounds - Consider staff recommendation to approve Budget Amendment No. 99-134, and Equipment Request No. 99-236 to purchase a gas powered concrete saw and cart, and to build a pole barn. Capital Equipment Purchases - Consider staff recommendation to approve Budget Amendment No. 99-133, and Equipment Request No. 99-232 to purchase three computers, No. 99-233 to purchase a Lecte\o~~odel #SCSLS6C/FS6, and No. 99-234 (;:;h$eametalG';e::re ''):MSiOU' , JÞ d íL~ ~1-'~rfv~' '-' .""""" CONSENT AGENDA SEPTEMBER 7,1999 PAGE TWO 4. ADMINISTRATION Committee Appointments - Consider staff recommendation to ratify Commissioner Barnes' appointment of Bill Theiss to serve on the Restudy Coordination Committee. S. COUNTY ATTORNEY A. B. C. D. E. F. ~JJ Collective Bargaining Agreement - Consider staff recommendation to approve the proposed Collective Bargaining Agreement with Teamsters Local Union No. 769. Release for Property Damage - Consider staff recommendation to approve the Release for Property Damage at the St. Lucie County Sports Complex and authorize the Chairman to sign the Release upon receipt of payment for damages. Article V Trust Fund Grant-in-Aid Agreement !Resolution No. 99-220 - Consider staff recommendation to approve the Article V Trust Fund Grant-in-Aid Agreement and Resolution No. 99-220 Releasing the Grant funds, and authorize the Chairman to sign the Agreement. Grant-in-Aid Agreement for Court Reporting Services-Consider staffrecommendation to accept the FY99-00 Grant-in-Aid Agreement for Court Reporting Services to the Nineteenth Judicial Circuit, from the Office of the State Courts Administrator. FEC License Agreement - Consider staff recommendation to approve the FEC License Agreement, and authorize the Chairman to sign the Agreement. County Owned Tax Certificates-Old Dixie Highway/Rickert- Consider staff recommendation to bid at the Tax Deed Sale on September 14, 1999, not to exceed 20% over assessed value of $S,700. G. County Owned Tax Certificates-Torpey Road/Barnes - Consider staff recommendation to bid at the Tax Deed Sale on September 7, 1999, not to exceed 20% over assessed value of $6,612. HTE, Inc. Agreement - Consider staff recommendation to approve the amended and restated agreement with HTE, Inc., and authorize the Chairman to sign the Agreement. 6. UTILITIESIRECYCLING A. Permission to Advertise - Consider staff request for permission to advertise a Request for Proposals for Engineering Services. B. Contract Extensions - Consider staff recommendation to approve engineering contract extensions with Culpepper & Terpening, Mastellar & Moler, Inwood Consulting Engineers, Camp Dresser & McKee, and Lindahl, Browning, Ferrari & Hellstrom from September 30,1999 to December 31,1999 to allow for advertisement of a Request for Proposals, and sufficient time to select firms and enter into a new agreement. '-" ....", CONSENT AGENDA SEPTEMBER 7, 1999 PAGE THREE 6. UTILITIESIRECYCLING (CONTINUED) C. Permission to Purchase - Consider staff recommendation to purchase a 10' x 12' storage building for $1,S3S to serve as a temporary office for the North County Utility District. D. Permission to Purchase - Consider staff recommendation to purchase two refrigerated sampling units for the North Hutchinson Island wastewater treatment facility, at a cost of $4,700 each, and approve Equipment Request 99-230, and 99-231. 7. PURCHASING A. RFP No. 99-070 - Recycling of Clean Wood Waste - Consider staff recommendation to reject the proposal of Waste Corporation of Florida and re-advertise to encourage additional participation. B. RFP No. 99-067 -Classification & Pay Plan Study - Consider staffrecommendation to approve the shortlist, and grant permission to begin negotiations with the top ranked firm. The contract will be brought back to the Board for final approval. Consider staff recommendation to approve Budget Amendment No. 99-139 to set up funds. C. Treasure Coast Courier Service, Inc. Contract Extension - Consider staff recommendation to approve a contract extension, and authorize the chairman to sign the contract extension. 8. MOSOUlTO CONTROL Jack Island Addition Project - Consider staff recommendation to approve the presentation of the Jack Island Addition project to the Legislative Delegation, for the purpose of obtaining their support for 100% state funding of the purchase of approximately 40 acres of coastal wetlands and uplands on North Hutchinson Island. 9. LffiRARY Permission to Purchase-Consider staff recommendation to authorize the purchase of WorkFlows graphical client license for Windows9S from Sirsi. 10. COMMUNITY DEVELOPMENT A. Permission to Apply - Consider staff recommendation to authorize the submittal of a Consultation Grant to the National Endowment for the Humanities on behalf of the SLC Historical Museum. '-" ..., CONSENT AGENDA SEPTEMBER 7, 1999 PAGE 10. / f .h. MMUNITY DEVELOPMENT CONTINUED Permission to Apply - Consider staff recommendation to authorize the submittal ofthe VISIT FLORIDA grant application with the $1,000 match coming from the Economic Development Adyertising budget line. Tourism - Consider Tourist Development and staff recommendation to approve payment of the August invoices to R. J. Gibson in the amount of$22,647.S8. Resolution No. 99-18S - Consider staff recommendation to approve Resolution No. 99- 18S approving the request of Dollom, Inc., granting Major Site Plan Approval for the project to be known as Savanna Club Apartments. E. Resolution No. 99-188 - Consider staff recommendation to approve Resolution No. 99- 188, granting Major Site Plan Approval for the Project to be known as St. Peter's Lutheran Church. INVESTMENT FOR THE FUTURE A. Engineering - Consider staff recommendation to approve the Reimbursement Agreement with SFWMD in the amount of $101,SOO for the Orange Avenue Bridge Replacement Project, Budget Resolution No. 99-220, and authorize the Chairman to sign the agreements. B. Savanna Park - Consider staff recommendation to approve moving the Savanna Park Project up one year to construct ~~iÞ::0ms.. /),...--" ~Idr(,.. rO"l'''''- r ~o ~f1 .)', /),';7!y/r- éfJ~ / c' :r~J ~ L,i\ nUß1 ðf/. .~rtY- r /1'" , AV r 1f 5,,1 (1/ JI \1' U ,IV fY- t-v1' l~ l" /' .,.> '> t' ,P ";) 1"'- ¿) r' /)¡f t /) ~/r c/f-' ~..,.. :-;!I)!IY.. ~.. ~ 1'-11' .....~. .~~" oy~'~__J_~~/. ~·I ~~4fI!!' II~ ~".~~¡iíjftrr~f"T¡lf¡ÏrJ;;~ ~'¡:J~.!~ :'.!~!'¿~ ~I'I~'.' !lfl/ "íJIW~'-~v '''..~'!/·'' , l¡ h·I',~,,,,,,:/ ~' ¡./if,~</?~~: ç':;¿ 1~~~--; ¿-;f~ ~ Jjo/:~!"""~ ~ ...,.¡ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA September 7.1999 CONSENT AGENDA ~AGEMENTANDBUDGET A.l Loan Agreement - Consider staff recommendation to authorize preparation and execution of a loa greement and Resolution No. 99-225 with SunTrust Bank in the amount 0 $535,000 0 provide financial support for Automated Services Public Safety project expenditures. Tlfls ~ S fff'"U1,...J> .~ 5" '-( t) c)¿.IO -- ~ ~ CR ,(..,}f cJ,. ~ f1-. ~ t1'i' ) --- -~-- --- ..- .'-' "'-" BOARD OF COUNTY COl\.1MISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING '...,1 Date: August 24, 1999 Tape: 1-2 Convened: 9:02 a.m. Adjourned: 11 :20 a.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Frannie Hutchinson, Cliff Barnes, Doug Coward Others Present: Doug Anderson, County Administrator; Phil Freeland, Asst. County Administrator; Dan McIntyre, County Attorney; Julia Shewchuk, Community Development Director; Ray Wazny, Public Works Directòr; Paul Phillips, Airport Director; Bill Blazak, Utilities Director; Jim David, Mosquito Control Director; Mike Leeds, Leisure Services Director; Harvey Lincoln, M & B Manager; Don West, County Engineer; Don Cole, Acquisitions Manager; David Kelly, Planning Manager; Gayla Barwick, Tourism Manager; Hank: DuFour, Personnel/Training Director; Joe Finnegan; Personnel/Risk Manager; Charlie Bicht, Purchasing Manager; Nick Dragash, Central Services Manager; Leo Cordeiro, Solid Waste Manager; Deputy Nickel; A. Millie Delgado, Deputy Clerk 1. MINUTES (1-023) It was moved by Com. Barnes, seconded by Com. Coward to approve the minutes of the meeting held August 17, 1999 as amended; and, upon roll call, motion carried unanimously. AWARDS PRESENTED The Public Works Director presented an award from the Federal Emergency Management Agency to St. Lucie County for their participation .in the National Flood Insurance Program Community Rating System. Accepting the award was David Kelly, Richard Bouchard, and JoAnn Riley. Mr. Paul Hiott, Veterans Services Manager, presented the Board with the awards received from the Chili Cook-Off The County Administrator presented Harvey Lincoln, Management/Budget Manager with the Distinguished Budget Presentation award from the Government Finance Officers Association. Mr. Lincoln thanked his staff and Ms. Marie Goen who is presently on maternity leave for their hard work and accomplishments. 2. PROCLAMATION (1-054) Resolution No. 99-211- Proclaiming the week of August 30- September 6,1999 as "St. Lucie County Fire Fighters Appreciation Week" in St. Lucie County. It was moved by Com. Bruhn, seconded by Com. Coward, to approve Resolution No. 99-211; and, upon roll call, motion carried unanimously. A representative from the St. Lucie County Firefighters and Paramedics, was present to accept the proclamation. -1- ...:.-.'--:.-,,,---~-,,-',-..¡ -,",:'" ~ ...., 3. GENERAL PUBLIC CO.M:MENTS (1-436) Mr. Al Lagerstrom, Lakewood Park resident, thanked the Board for their efforts in helping the area obtain a traffic signal at WinterGarden and Lakev100d Park. "J 4. CONSENT AGENDA (1-500) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Consent Agenda with item the deletion of warrant list number 46; and C-3B being pulled for a later date; and, upon roll call, motion carried unanimously. 1. WARRANT LIST This item was pulled. 2. LEISURE SERVICES A. Savannas Campground- The Board approved an increase in the petty cash fund by $200. B. Fairwinds Golf Course- The Board approved tranferring funds from Golf Course Machinery and Equipment into Clubhouse Contractural Services for payment of repairs to the wastewater treatment plant. C. Specialist Agreement- The Board approved the specialist agreement with Alma Lewis and authorized the Chairman to sign. D. Budget Amendment No. 99-132Æquipment Request No. 99-226- The Board approved the amendment and the equipment request for the purchase of a golf cart for Lawnwood Stadium. E. Lease Agreement- The Board approved the lease agreement with John Carroll High School for the use of Lawn wood Stadium and authorized the Chair to sign. 3. CENTRAL SERVICES A. Custodial Services Contract - The Board approved the amendment to the contract with Golden Mark Maintenance adding Fairwinds Golf Course, 'Tourism, and the Health Department for a total of$3,085.50 per month. B. Seventh Street Jail- This item was pulled for decision at a later date per Com. Bruhn's request. 4. PUBLIC WORKS A. Road and Bridge- The Board approved the extension to the contract with C.E.M. Enterprises, Inc., d.b.a. Sunshine Painting to supply the Road and Bridge Division with excavated and restored swales, and authorized the Chairman to sign. B. Engineering- The Board approved the one year extension to the agreements for Construction Inspection Management with American Consulting Engineers, Inc., Culpepper and Terpening, Inc., and Lll,1~aW, Browning, Ferrari & Hellstrom, Inc., and authorized the Chairman to sign the agreements. ' C. Road and Bridge- The Board approved Change Order NO.1 with The Signal Group, Inc. in the amount of$119,364.20 for the construction of the signalized intersection at Kings Highway and Winter Garden Pc:.r!ç,.'ay, and (1l1thorized the Chainnan to sign the Change Order. .' -2:- ----~- '-" ..I D. Engineering- The Board approved a Work Authorization with Hazen and Sawyer for the Savannas Conceptual Design in the amount of$12,000 and approved the project budget as outlined, and authorized the Chair to sign. ,;.. .' . 'h' . 'L'...·· 5. MANAGEMENT/B 00 GET Resolution No. 99-212- The Board âpprov~d the budget resolution establishing the budget for the COPS MORE '98 grant from u.·S~ Department of Justice and authorized the Chairman to sign the award documents. ' 6. INVESTMENT FOR THE FUTURE Glades Cutoff Road Canal Stormwater Improvements- TH Board approved Change Order NO.1 reducing the contract amount by $2,250 for a final contract amount of$126,608. The Board accepted the project, approved the release of retainage, and approved the final payment to Adnan Investment and Development, Inc., in the amount of $12,388.62. 7. PURCHASING ., A. Purchasing Card Program- The Board approv~d expansion of the Purchasing Card Program to all departments. B. Bid No. 99-74- The Board approv~d awarding the bid for a Service Crane for the Landfill to Advanced Overhead Systems in the amount of $70,631,including the Public Construction Bond and authorized the Chairman to sign the contract as prepared by the County Attorney. 8, ADMINISTRATION Tourist Development Council- The Board approved the reappointment of Juanita Landreneau to the Tourist Development Coµncil. 9. PERMISSION TO ADVERTISEIRECONTh1ENDED FOR A NIGHT MEETING Community Development- The Board approved advertising the following public hearings for the September 7, 1999 Board meeting at 7:00 p.m. or as soon thereafter as possible: Beverly Schoeneberg(Vikki Aaron, Agent), to define a Class "A" Mobile Home a as a detached single family dwelling unit in the AG-5 zoning district. Charles A. White, for Preliminary and Final Planned Unit Development approval for the project known as Pine Summit- POO, and for a change in zoning from the R1\1-5, CO and CG zoning districts to the POO Pine Summit zoning district. Ordinance No. 99-017- amending Sèction 7.10.16 (Q)(1)(a)(l)(c), of the St. Lucie County Land Development Code, to provide for the clarification of common use areas to refer to public or private road ways only(2nd Public Hearing). 10. CONfMUNITY DEVELOPMENT Resolution No. 99-214- The Board approved the r~solution approving an Urban and Community Forest grant MemOf&ïdum of Agreement with the State of Florida. -3- .. -----.- '-" ...,¡ 11. LIBRARY . I' - '., :-.".',", '.' ", '.........-' Grant Acceptance- The Board approved äcc~ptìn.g the Gates Library Initiative Grant in the amount of$36,126. And al~6 approved BudgetResolution No. 99-215 and Equipment Request Nos. 99-227, 99-228 and 99-229. REGULAR AGENDA .~ ADDITIONS A-2. Prevention Policy Board- Mrs. Rae Pike presented her request for County involvement in this program and requested that the Chairman sign a letter of support and that the Chairman and the Leisure Services Director sit on Boards associated with this program. It was moved by Com. Coward, seconded by Com. Hutchinson to approve Mrs. Pike's request; and, upon roll call, motion carried unanimously. 5. COUNTY ATTORNEY (1-1079) . Ordinance No. 99-10- For consideration before the Board was staff recommendation to approve the Ordinance amending the Alarm Systems Ordinance effective October 1, 1999. Com. Bruhn expressed his concerns with the public being charged for the alarms doing their jobs such as if someone shakes a window in an attempt to get in, but, leaves after the attempt. He also questioned if the companies could be charged for faulty equipment. Deputy Monahan, Road Patrol, addressed Com. Bruhn's questions regarding evidence of attempted break-ins. He also advised the Board that the majority of the false alarms is due to operators error and also not providing the correct code for someone who has permission to enter the home or business. . Com. Barnes expressed his concerns with the cost in qollars and man hours for false alarms. Ms. Jean Hearn, Indrio Road resident, questioned if staff had reviewed what other communities are doing with similar problems. The Assistant County Attorney addressed Ms. Hearn's questions. Com. Hutchinson suggested passing the ordinance at this time and re-assessing it in the future regarding the cost of law enforcement for responding and also review the false alarm issues. It was moved by Com. Hutchinson, seconded þy Com. Bruhn, to approve Ordinance No. 99-10; and, upon roll call, motion carried unanimously. 6. LEISURE SERVICES (1-2246) A. Presentation- The Leisure Services Diré:ctor m?~ie a presentation on a TV program to help create promotional and marketing opportunities. Com. Coward asked the Leisure Services Director to work with Adelphia Cable to see if they can provide the same type of coverage which is presently given in north county. The County Administrator advised the Board that Adelphia will be setting up another channel for the county to share with the city of Port St. Lucie, this is per the rranchise agreement. It was the consensus of the Board to instruct the Leisure Services Director to proceed. -4- ----- -. '-" "-' B. Interlocal Agreement- For consideration before th~ Bòard was staffrecommendatíon to approve the interlocal agreement with the School Board for the use of Lawn wood Stadium and authorize the Chair to sign. '.. . It was moved by Com. Hutchinson, seconded by Com. Coward, to approve the Interlocal Agreement; and, upon roll call, motion carried unanimously. :.j 7. ADMINISTRATION (1-2732) Committee Appointments- Each Commissioner was asked to make an appointment to the Restudy Coordination Committee. Com. Coward advised the Board of his appointment - Mr. Jim Terpening. The balance of the Board advised the Chairman that they at this time did not have an appointee. It was moved by Com. Bruhn, seconded by çom. Hutchinson, to approve Com. Coward's appointee to the Restudy Coordination Committee; and, upon roll call, motion carried unanimously. 8. MOSQUITO CONTROL (1-2857) Permission to apply- For consideration before the Board was staff recommendation to approve submittal of a land acquisition grant applicatior to the Florida Communities Trust Program for 50% of the estimated $600,000 purchase price for Pepper Park Addition, and allocate reserve funds to the Port to provide the local match, should the application be successful. Com. Coward stated there are very positive aspects to this project, however, he is uncomfortable with the funding commitment of $250,900 that thecoun~y does not have at this time. He suggested submitting the application and requesting that the FCT provide substantial funding for this project. The Mosquito Control Director advised Com. Çoward and the Board of the difficulty with this request. Com. Coward stated he would be more in favor of voting for this item if the local match would be drastically reduced. The Mosquito Control Director addressed the process ofthe application and previous Board direction. . Com. Barnes suggested trying to amend the application in an attempt to receive more of a percentage from the state. Com. Coward suggested this be pursued with FCT staff and find out what the options are. He asked that in the future, the Board be presented with the funding amounts before approval of submitting an application to the state. The Mosquito Control Director addressed the procedures he followed and stated that during the budget process, no budget was established for this issue as an oversight. The Board continued to discuss the issue. The County Attorney suggested the Board direct th~ Mosquito Control Director to contact FCT and see if it is possible to amend the application at thisJate date lowering the county's match to $50,000 and see if this could be accomplished. -5- '-' ""'" ~ It was moved by Com. Barnes, seconded by Com. Bruhn, to direct the Mosquito Control Director to contact FCT to see if it is possible to amend the application by lowering the county's match to $50,000; and upon roll call, motion carried u~animously. ADDITIONS (2-678) . . A.3. Leisure Services- For consideration before the Bœrd was staff recommendation to eliminate the Stadium Manager's position àt Thomas 1. White Stadium and consider the recommendation of staff to approve the Projects and Special Activities Manager position for St. Lucie County Leisure Services. It was moved by Com. Hutchinson, seconded by Com. Barnes to approve staff recommendation; and, upon roll call, motion carried unanimously. A-9. Committee Appointment- The Board was asked to appoint one person to the School Readiness Coalition. Com. Barnes nominated his assistant, Victoria Stahl. Ms. Sylvia Kramer addressed the Board in favor of this appointment. It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the appointment of Victoria Stahl to the School Readiness Coalition; and, upon roll call, motion carried unanimously. UNAGENDAD ITEM Com. Coward requested the Board consider scheduling a public hearing to re-consider the item voted on last week regarding the car wash is Lakewood,Park. He felt they made a mistake in approving this conditional use and asked tþe Board to review,the definition of Commercial Neighborhood as opposed to Commercial Genera( -. Com. Barnes advised the Board that he intended to vote against this request due to the fact that many hours was spent on this issue and he felt the comment of the amount of cars which will utilize this car wash was irrelevant and that the area rf.sidents will be utilizing the car wash on a regular basis as opposed to transient business. Com. LewÍs stated she would also vote against this request and reiterated her previous feelings that this use was more conducive for the area thari aMcDonald's or a strip mall. Com. Hutchinson concurred with both Com. Barnes and Com. Lewis and stated due to the conditions imposed, she felt comfortable with the use. Com. Bruhn stated he concurred with Com. Coward according to what he interpreted the code to read. . - . . It was moved by Com. Coward, seconded by Com. Bruhn to schedule a public hearing to re- consider this item; and upon roll call, the vote was as follows: Nay's: Barnes, Hutchinson, Lewis; Aye's: Bruhn, Coward; motion denied-by a vote of3to 2. BOARD COMMENTS Com. Barnes addressed the Board regarding the proposed low income housing development in the River Walk Project. He asked staff to briiig to the Commission, information relative to the articles in the newspapers so that the County còrríìnission can take a position. -6- ". )...... . --. -;-:--"-~ -""V -..~ ,.,~.~-,~ '-' ....,J Com. Coward stated the Board and staff had to work with the City of Port St. Lucie to promote smart growth. Com. Hutchinson addressed the Board regarding the cal~s and comments being received relative to the proposed move of the Civil Division to St. Lucie W cst. She asked that both the City of Ft. Pierce and the City of Port St. Lucie be reassured 'that the county has not made a decision on this . . . J. move. She does not want this to turn into a spectacle of one city versus the other. Com. Barnes commented on this issue and stated he was not sure if this move was indeed needed or if additional courtrooms were needed. He has been told by various Civil Attorney's that the courtrooms are under utilized. Com. Lewis stated that she knows for a fact that the City of Port St. Lucie did not request this move or have they solicited such a move. This was a county suggestion and a decision has not been made. Com. Coward stated this was a staff recommendation that went to an advisory committee and this was the first time it was discussed by the BCC and has not come before them for any recommendations. He felt this was something that should be noted in the newspapers. There being no further business to be brought before the Board, the meeting was adjourned at 11 :20 a.m. Chairman Clerk of Circuit Court -7- '-" ...., AGENDA REQUEST ITEM NO. J{1 DATE: 9/7/99 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Mike Leeds ~ Director, Leisure Services SUBMITTED BY(DEPT): Leisure Services - Parks SUBJECT: Presentation by Adel Endres on her proposal to construct and facilitate a "Butterfly House" at the Savannas Campground. BACKGROUND: Pete Keogh, and Linda Brown did an onsite visit with Mrs. Endres to discuss her proposal. It was determined that her proposal does have merit. Mrs. Endres has requested that she be allowed to present her proposal to the Board of County Commissioners. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: N/A COMMISSION ACTION: ENCE: [ ] APPROVED [] DENIED Id OTHER: Continue to work with ~ff o~ ~~loping a proposal. - Dc.> o~ ß¡rr- /"" ~ Coordination/Siqnatures Dou nderson County Administrator County Attorney: Originating DeptHd L Finance: (Check for Copy only, if Applicable) Mgt. & Budget: Purchasing Mgr.: Other: Other: Eft. 1/97 ,-,. Butterfly House in the Savannas Adell Endres ~. Objective · The objective of this proposal is to build a butterfly house in the Savannas · Bring revenue into the community · Highten environmental awareness Tourist Attraction · The butterfly house will attract tourists to the area · Thousands of visitors go to Butterfly World in Broward county each year · Butterflies have become very popular around the world, drawing more and more visitors to butterfly houses Educational Enrichment · I plan to include educational programs for local schools · Field trips from local schools will be encouraged and sought after · Communication with the surrounding environmental study centers will be an ongoing project Environmental Importance · Florida's tropical climate makes it a haven for butterflies · There are more than 100 species of butterflies in Florida · Florida's booming population and land development have disrupted the habitats of these native beauties Community Awareness · This butterfly house will educate the community about the importance of conservation of our natural resources · They will view butterflies in their natural setting, both in the screen house and flying freely in the surrounding landscape · Workshops will be made available to encourage butterfly '-"" \-., gardening Structure · There will be a main building housing the growing lab, viewing window, admission desk, and gift shop · The screened butterfly house will be built to meet all of the state regulations for a quarantine center for the butterflies · I have been in contact with the state regarding the regulations Butterflies · There will be butterflies flying freely throughout the butterfly house · These will include the native Florida species · Visitors will also view butterflies from around the world, including those from the rain forests Background Information · I have been studying and raising butterflies for the past three, years · I have attended workshops around the country · I have traveled to many butterfly houses and farms · I have just recently returned from a trip to Costa Rica where I met with a breeder to import the rain Forrest species Projected Personnel Benefit to the County · Additional revenue · No cost to the tax payers · Increase environmental awareness · Increase tourism · Added educational resource for schools · Additional employment opportunities Strengths · I have been a teacher for 20 years · I am green schoollaison for Stuart Middle School ~ '-'- "-' - ~ \...r' · I have taken environmental issue courses at FIT · I have raised and released butterflies with my students Additional Benefits · Community beautification · The joy that shows on the faces of the visitors when the butterflies land on them · Pride in our community Next Steps · Approve the project · Move forward to benefit all "' '-' AGENDA REQUEST '-' ITEM NO. ;¿ß DATE: September 7, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-216 - Commending James M. Artman for Achieving the Rank of Eagle Scout with the Boy Scouts of America BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-216 as drafted. COMMISSION ACTION: Anderson Administrator [X APPROVED [] DENIED [ ] OTHER: County Attorney: v1}/· Review and Ap1)rovals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 i- ~ ~ "'-" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-1176 DATE: August 30, 1999 SUBJECT: Resolution No. 99-216 - Commending James M. Artman for Achieving the Rank of Eagle Scout with the Boy Scouts of America ------------------------------------------ ------------------------------------------ BACKGROUND: On October 9, 1999, James M. Artman will be recognized by the Boy Scouts of America for achieving the rank of Eagle Scout. James is a member of Troop 444, chartered by the Lakewood Park United Methodist Church. He has been a member of the Boy Scouts since the second grade - he is now a senior. Attached is a list of requirements for becoming an Eagle Scout. James will be honored at the Eagle Court of Honor on October 9, 1999 at 7:30 p.m. at the Lakewood Park United Methodist Church. The attached resolution has been drafted at the request of Commissioner Bruhn to recognize the achievements of Mr. Artman. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 99-216 as drafted. DSM/caf Attachments , , '-" ...." RESOLUTION NO. 99-216 A RESOLUTION COMMENDING JAMES M. ARTMAN OF TROOP 444 FOR ACHIEVING THE RANK OF EAGLE SCOUT WHEREAS. the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1 . The Treasure Coast District of the Boy Scouts of America presently serves approximately three thousand youth in St. Lucie County. 2. The requirements for becoming an Eagle Scout are extensive and the Scout must complete an Eagle Scout board of review. 3. Only two (2) out of every ten (10) Scouts ever reach the rank of Eagle Scout. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1 . This Board recognizes that it is important to support and acknowledge the achievements of and support the youth of St. Lucie County. 2. This Board does hereby commend James M. Artman of Troop 444, chartered by the Lakewood Park United Methodist Church, for his accomplishment in achieving the rank of Eagle Scout. PASSED AND DULY ADOPTED this 7th day of September, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman BY: "u ...,.. '-"' AGENDA REQUEST """" ITEM NO. 611 DATE: September 7, 1999 REGULAR [ PUBLIC HEARING [XX] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.) : County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Resolution No. 99-213 Portion of Abbott Street - Right-of-way Abandonment Undefined Strip of Land of Ben Hogg's Subdivision Ridgehaven Area BACKGROUND: See an attached memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: March 23, 1999 - Request Permission to Advertise Notice of Intent August la, 1999 - Request permission to Advertise Notice of Public Hearing RECOMMENDATION: Staff recommends that the Board approve Resolution No. 99-213 to abandon a Portion of Abbott Street and the Undefined Strip of Land of Ben Hogg's Subdivision as more particularly described in Resolution No. 99-213, authorize staff to advertise the Notice of Abandonment and record Resolution No. 99-213 in the Public Records of St. Lucie County, Florida. [ X ] [ ] APPROVED OTHER: DENIED as Anderson Administrator COMMISSION ACTION: xx County Attorney: XX Originating Dept. ~ ~ [) - Review and Approvals xx Airport Dir.~ XX Public Works: ~ XXEngineering: Finance: (Check for Copy only, if applicable) E f f . xx Ccmn. Develop: 'Y '-' ...." PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: August 16, 1999 SUBJECT: Public Hearing Resolution No. 99-213 Portion of Abbott Street - Right-of-way Abandonment Undefined Strip of Land of Ben Hogg's Subdivision Ridgehaven Area The St. Property petition strip of Lucie County Airport Division has requested that the Acquisition Division proceed forward with the abandonment of a portion of Abbott Street and an underlying undefined land lying in the Ridgehaven Acquisition - Phase 2 Area. The purposes of this abandonment are as follows: A. That part of Abbott Street is part of the Ft. Pierce Highland subdivision which is located within the Ridgehaven Acquisition Phase 2 proj ect of the airport expansion. St. Lucie County owns all the property lying south of Lot 16 of Block 3 and all of the homes in this area have been demolished. B. The underlying unidentified strip of land is part of Ben Hogg' s Subdivision which has not been used for road right-of-way and is unimproved and surrounded by County owned property for airport purposes. On March 23, 1999, the Board authorized staff to initiate the abandonment proceedings and advertise the Notice of Intent to 11' \....t .""" Abandon. This notice was advertised in The Tribune March 30, 1999 and April 6, 1999. All relevant public utilities have given written consents for the abandonment. Also all County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. There are no abutting property owners, as all_the surrounding property is County owned. On August 10, 1999, the Board granted permission to advertise a Notice of Public Hearing to be published in The Tribune on August 26, 1999. RECOMMENDATION: Staff recommends that the Board approve Resolution No. 99-213 to abandon a Portion of Abbott Street and the Undefined Strip of Land of Ben Hogg's Subdivision as more particularly described in Resolution No. 99-213, authorize staff to advertise the Notice of Abandonment and record Resolution No. 99-213 in the Public Records of St. Lucie County, Florida. Respectfully submitted, . - I~ ~ ~~ Donald G. Cole Property Acquisition Manager BV G:\ACQ\WP\BELINDA\ABANDONM\AIRPORT.ABB\bocc memo ph sept7.wpd EXISTING N ISION APPROACH PROTECTION ZONE fUTURE NON PRECISION APPROACH PROTECTION ZONE t · ~ W+E ~~;; s ii i- -----., I I I ~ ~ C-- APPROACH PRQTECTloN ZONE fOR I PRECISION APPROACH TQ EXISTING I RUNWAY WHEN APPROACH IS INSTALLED. I I I GIW'IIIC SCÁlol: k-_..t..'L.1 .,. ¡--) 1'1 NOT E : STREETS WILL BE VACATED WHEN ALL OF THE PROPERTY IS PURCHASED. LIGHT GRAY SHADING INDICATES THE PROPOSED 25th. STREET EXTENSION. A FLORIDA DEPARTMENT Of TRANSPORTATION PROJECT. LEGEND: ROADS ABANDON ANOERSON PARCEL FUTURE PROPERTY LINE RED - INDICATES FUTURE ..... ......- LIGHT BLUE - INDICATES EXISTING ----.-----.---.... YELLOW INDICATES COUNTY OWNED PROPERTY GREEN CROSS HATCHING INDICATES COUNTY OWNED PROPERTY RED INDICATES PROPERTY NOT ACQUIRED AT THIS TIME. HlN£8AUGH PARCEL TO BE ABANDON n· \C:-7-1\IITnrAmm:¡lI~ITr\Ir:q\ATDDnDT\QQ')¡f q,,¡.. III' n 1')' 11· '::¡-:¡ 1QQQ nqA T ~I ¡ ~ :< I ti I I III I§II:: ~~I :1 !!s3~ I Ii · ... ... : I . ..... ø 1: I III lit 1:1 ... ... ... ... I \..i .....,.; This instrument prepared by: Belinda Vose under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RESOLUTION NO. 99-213 DATE: September 7, 1999 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CLOSING, VACATING AND ABANDONING ANY INTEREST OF ST. LUCIE COUNTY AND THE GENERAL PUBLIC A PORTION OF ABBOTT STREET LYING SOUTH OF THE SOUTH LOT LINE OF LOT 16, BLOCK 6 AND LOT 14, BLOCK 3 OF FT. PIERCE HIGHLANDS SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 29 AND THE UNDERLYING UNDEFINED STRIP OF LAND LYING ON THE EAST LINE OF LOTS 9, 10, 11, 12 AND 13 OF BEN HOGG'S SUBDIVISION AS RECORDED IN PLAT BOOK 1, PAGE 19 ALL OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Sections 177.101,336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01 et. seq. Of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights-ofway in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. Pursuant to Plat Book 10, Page 29 and Plat Book 1, Page 19 of the Public Records ofSt. Lucie County and the general public have a dedicated interest in the following described land: THAT CERTAIN 60' RIGHT-OF-WAY KNOWN AS ABBOTT STREET LYING SOUTH OF THE SOUTH LOT LINE OF LOT 16, BLOCK 6 AND LOT 14, BLOCK 3 OF FT. PIERCE HIGHLANDS SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND 1 1 '-' '.J THE UNDERLYING UNDEFINED STRIP OF LAND LYING EAST LINE OF SAID LOTS 9, 10, 11, 12 AND 13, AS SHOWN ON THE SAID PLAT ENTITLED BEN HOGG'S SUBDIVISION OF SECTION 28, TOWNSHIP 34S, RANGE 40 EAST AS RECORDED IN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 3. Pursuant to Official Records Book 1130, Page 1510 of the Public Records of St. Lucie County, Florida, St. Lucie County has a deeded interest in the following described land: THE UNDERLYING UNDEFINED STRIP OF LAND LYING EAST LINE OF SAID LOTS 9, 10, 11, 12 AND 13, AS SHOWN ON THE SAID PLAT ENTITLED BEN HOGG'S SUBDIVISION OF SECTION 28, TOWNSHIP 34S, RANGE 40 EAST AS RECORDED IN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. 4. The purpose of this abandonment is as follows: A. That part of Abbott Street is part of the Ft. Pierce Highland Subdivision which is located within the Ridgehaven Acquisition Phase 2 project of the airport expansion. St. Lucie County owns all the property lying south of Lot 16 of Block 3 and all of the homes in this area have been demolished. B. The underlying unidentified strip of land is part of Ben Hogg's Subdivision which has not been used for road right-of-way and is unimproved and surrounded by County owned property for airport purposes. 5. A Notice of Intent to file a petition for abandonment of part of Abbott Street and the undefined width was advertised on March 30, 1999 and April 6, 1999, and no objections were filed. 6. All relevant public utilities have given written consents for the abandonment. 2 '-' ...., 7. There are no abutting property owners, as all the surrounding property is County owned. 8. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. 9. It is in the best interest of the public to vacate and abandon the following: THAT CERTAIN 60' RIGHT-OF-WAY KNOWN AS ABBOTT STREET LYING SOUTH OF THE SOUTH LOt LINE OF LOT 16, BLOCK 6 AND LOT 14, BLOCK 3 OF FT. PIERCE HIGHLANDS SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND THE UNDERLYING UNDEFINED STRIP OF LAND LYING EAST LINE OF SAID LOTS 9, 10, 11, 12 AND 13, AS SHOWN ON THE SAID PLAT ENTITLED BEN HOGG'S SUBDIVISION OF SECTION 28, TOWNSHIP 34S, RANGE 40 EAST AS RECORDED IN PLAT ROOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. and to renounce and disc/aim any rights of the general public in and to the right-ol-way and to the undefined strip of strip of land. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida: That a portion of ABBOTT STREET and AN UNDEFINED STRIP OF LAND more particularly described as follows: THAT CERTAIN 60' RIGHT-OF-WAY KNOWN AS ABBOTT STREET LYING SOUTH OF THE SOUTH LOT LINE OF LOT 16, BLOCK 6 AND LOT 14, BLOCK 3 OF FT. PIERCE HIGHLANDS SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND 3 '-'-" '-tÎ THE UNDERLYING UNDEFINED STRIP OF LAND LYING EAST LINE OF SAID LOTS 9, 10, 11, 12 AND 13, AS SHOWN ON THE SAID PLAT ENTITLED BEN HOGG'S SUBDIVISION OF SECTION 28, TOWNSHIP 34S, RANGE 40 EAST AS RECORDED IN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. is hereby closed, vacated and abandoned and the right, title and interest of the general public in and to said lands hereby disclaimed and renounced. Chairman Paula A. Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 7th day o/September, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY G:IACQI WPIBELINDAIABANDONMlAIRPORT.ABBIResolution.wpd 4 \...I ~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PETITION FOR ABANDONMENT TO: BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA. The undersigned PETITIONER hereby petItIOns the St. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights-of-way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and 336.10, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq. *************************************************************************************** TYPE OF ABANDONMENT REQUESTED (check one or more as applicable) ("*" indicates requirement for public hearing) A Plat (*) A Portion of a Plat (*) xx County Road Right-of-way (*) Drainage Easement not Affecting Road Drainage _ Public Utility Easement Drainage Easement Affecting Road Drainage (*) _ Other Public Interest in a Private Right-of-way or Easement *************************************************************************************** Petitioner hereby certifies that the filing fee of $250.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is non- refundable and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. ~ ....; This Petition shall contain an affidavit of the Petitioner attesting to the validity of the representations herein and it's completeness to the best of Petitioner's knowledge and belief. 1. The Legal Description of the petition site is attached as (EXHIBIT "A"). (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) 2. Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: Plat and Deed and recorded in: Plat Book 1, Page 19 and Official Records Book 1130, Page 1510 of the Public Records of St. Lucie County, Florida. 3. Attached hereto as (EXHffiIT "B") is a sketch, accurately drawn, depicting the petition site as described in (EXHIBIT "A "), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefiting from the abandonment. A copy of a portion of the appropriate tax map (8 1/2 X 11), obtainable from the Property Appraisers Office, may be used for this purpose. 4. Attached hereto as (EXHTRIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 1/2 X 11), obtainable from the Property Appraisers Office, may be used for this purpose. 5. . Attached hereto as (EXHIBIT "D") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) 6. Attached hereto as (EXHTRIT "E") is a list of abutting property owners, including correct mailing addresses, property tax Identification number and legal descriptions of the adjacent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of-way and such signed statements are attached hereto as (EXHIBIT "E-I", "E-2", etc. 7. Attached hereto as (EXHTRIT "F"), consecutively numbered "F-I", !IF-2'', etc., the signed consent of any affected utility providing service to or within the petition site and/or drainage district having jurisdiction over the petition site. 8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment of the public right-of-way will not prevent other property owners from access to and from their property, and no other property owner in the vicinity will be adversely affected. 9. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction of the St. Lucie County Board of County Commissioners. '-" ...." 1 O. The Petitioner hereby certifies that the petition site is not a pUDlic accessway to any publicly accessible waters in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County comparable land or lands necessary for public access to the same body of water. 11. The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the petition site as evidenced by an instrument recorded in Plat Book 1, Page 19 and Official Record Book l.l3Q, Page l.5..1.Q, St. Lucie County, Florida, a copy of which is attached as (EXHffiIT "G". 12. The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adjacent to the petition site,. are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement of the County Tax Collector is attached hereto as (EXHIBIT "H") 13. The Petitioner hereby certifies: a) that the petition site to be abandoned is NOT within the limits of any municipality, OR 14. The Petitioner hereby submits a statement (EXHffiIT "J") in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land. 15. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: Ft. Pierce News Tribune 3/'!JDjCf'f . (First date published) J{ / (pI r¡q (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO TillS PETITION AS (EXHIBIT "K"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" X 17") UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISffiLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSmLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. '-' .....,I TillS PETITION MUST BE EXECUTED BEFORE A l'IùT ARY PUBLIC DATE: .~/~5/q1 St. Lucie County, a Political Subdivision of the State of Florida }L~) á.~ ~~;; Chair Paula-A. LewisJ" 2300 Virginia A venue Ft. Pierce, FL 34982 COUNTY OF ST. LUCIE STATE OF FLORIDA Before me this day personally appeared Chair Paula A. Lewis who, being duly sworn, deposes and says: That she is the Chair of the St. Lucie County Board of County Commissioners is the Petitioner; and, That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's knowledge, information and belief. m to (or affirmed. before me this c{5'¡¿ay of "--;) k¿¡ (! ¡ L , 1999, by 7 u ~who personally appeared before me and d who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of , a credible witness /J. /. r r, . l! . r U t/;(~~ 0. /~/, ftf¿ d () Notary Public ,\\~~''J,,'''' l~\(£~, Char1ene A. Furtado ~{~ Ô MY COMMISSION II CC668035 EXPIRES ~t·..f\,~'" September 24. 2001 .P.r...... BONDED THRu TROY FAIN INSURANœ. INC. I I 05'\- : \50ó"ci1nì I 1.JJ05Q- \501 oolA:ì ì .JJ057-.JJ .JJ'\ on \50'\ 0'\ .JJQ5'l:. \8 ~ ~ ~ , 0 I") 0 to 0 0 <h q ".. ".. 0 ~ q to 0 !£- , 8'v''è:!1 '" LLdON ~ 8 .¡. ~ Ö t::. § q co g ~ ~ o o o N I") o o N o !£- ~ o o ~ § N o !£- i ¡ry ~ g 1õ 8 ~ Ö '9 ,- o t::. f! g o d> g q ".. o t:::.. ~ o ~ § N ê- U) ~ §" 8 ell i) 8 5 J¡ :> ~ I I 6'\ 1¡60'\..()0 - : \: 00 On) I \.601 rz:-000I A: ì \.60,\..()05 06'l..Q'\onì \.60'\..Q ~ o '" ..... o :! o t::- §' o o dJ o o C? .... o t:::. o ~ -' I ('J I 8 :3 ~ :3 N o @.. 1.0 ~@' C?g ~O ~' ð g ~ N íi5 tD "'~ ~~ 8..... @..9 133dlS Hlì:lON ~ '--" ~ EXHIBIT "A" PARCEL "A": THE STRIP OF LAND OF UNDEFINED WIDTH LYING EAST OF SAID LOTS 9,10,11,12 AND 13, AS SHOWN ON THE SAID PLAT ENTITLED BEN HOGG'S SUBDIVISION OF SECTION 28, TOWNSHIP 34S, RANGE 40 EAST AS RECORDED IN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. . . LUCIE COUNTY, FLORIDA AND PARCEL "B": THAT CERTAIN 60' RIGHT-OF-WAY KNOWN AS ABBOTT STREET LYING SOUTH OF THE SOUTH LOT LINE OF LOT 16, BLOCK 6 AND LOT 14, BLOCK 3 OF FT. PIERCE HIGHLANDS SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ~ pJV p~/_ LIGHT GRAY SHADING INDICATES THE PROPOSED 25th. STREET, A FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT. NOT TO SCALE [:u,~~: LUCIE,-~~~~~u~~;'~~-~~r"""· !) C::J -t- 0 <::> - 17 -t- v 1J .L ("\ 1J ¡ i LOCATION MAP LOCA-1.DWG, DAVID ARD 09171997 - -D © \ \ \ ~------ EXISTING NON PREC """N X~ J APPROACH PROTECT. J ~E '.~-:~ .~ FUTURE NON PRECISION ........ 1 APPROACH PROTECTION ZONE \,,. - - - - - ""' \ 1 1 \ \1: : ~\ 1 . ~\ :?- APPROACH PROTECTION ZONE FOR ..\ 1 PRECISION APPROACH TO EXISTING ~ : RUNWAY WHEN APPROACH IS INSTAllED. ~ : 1 1 1 1 o PERONA 1 1 1 1 1 1 1 1 1 1 1 \ wL ------------------.--------- GRAPHIC SCALE .p: h.....-LJ-: ~ ( 1Hf'EET) . ---------------------~----------- -- ---------- . NOT E ; STREETS Will BE VACATED WHEN All OF THE PROPERTY IS PURCHASED. r--------., , s i: z æ ¡,¡. 0 ~d :t Z rn [ d~ 8~ ~ ~O ~ 31 ~ I ~ I I ~~ a~ I ~;I~~~ 8 ffi i' ~ Co ~ o~ ~ 8~~i~1 1š3iæl ~~ ~ ~ ~ I:> :~I . .....\J Q o::~ :I: ~:;:~:;: .. .. " ~I": ~ .. ¡ I I ~ UJ Z 0 ~ UJ .. > ~ ~ . Š i \.-t .-J EXHIBIT "D" Type or print names, addresses, and property descriptions here. I Owner Name and Address I Tax I. D. Number and Property Legal Description DICKERSON REALTY FL, INC. 1428-602-0028-000/7 P. O. DRAWER 719 HOGG'S SUBDIVISION IN 28/34/40 THAT PART OF LOTS 8,9, 10, 11, STUART, FL 34995 12 AND 13 LYING WEST OF AN 80' WIDE STRIP OF LAND AS DESCRIBED IN OR BOOK 152, PAGE 217 FREDERICK V. TILLMAN 1428-604-0099-000/1 301 HUNT A VENUE LOT 16, BLOCK 6, FT. PIERCE HIGHLANDS UNIT 2, LESS THE EAST FT. PIERCE, FL 34946-8710 25' ST. LUCIE COUNTY NUMEROUS SURROUNDING PROPERTIES IN THE RIDGEHA VEN AREA NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY. IMPORT ANT: IN ANY PROCEEDING wmCH REQUIRES A PUBLIC HEARING, PETITIONER SHALL PROVIDE PRE- STAMPED, PRE-ADDRESSED ENVELOPE AND CERTIFIED MAIL RETURN RECEIPTS TO ST. LUCIE COUNTY wmCH WILL BE USED TO PROVIDE NOTICE OF THE SCHEDULED PUBLIC HEARING TO EACH OF THE ABOVE PROPERTY OWNERS. \,..0'. ~ EXHIBIT "E" (list of adjacent property owners) I Owner Name and Address I Tax I. D. Number and Property Legal Description N/A DATE "-' .....,J BOARD OF COUNTY COMMISSIONERS PROPERTY ACQUISITION t.{- <J :TS March 23, 1999 J. 9 Florida Power and Light Company P. O. Box 460 Ft. Pierce, FL 34954 !..., , RE: CONSENT OF IN-.IERESTED ORAfEECTED UTIUTYIDRAINAGE ENTITY Pelltion to Abanàon/Vacate Part of Abbott Street and an Undefmed Width of Lots 9- 13 of Benn Hogg's Subdivision To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 561-462-1725. Thank you for your assistance in this matter. Sincerely, ß~;;¿' ~ Belinda V ose Acquisition Agent Enc. Petition site sketch and description. ***********..********************..**.***..*.************...**.*.***********..***.**.**.*..**.***.....****** Consent as req~ Consent Refused Consent with the following conditions: _ t=:r L N A .5 N C t::::r:\ c, L / Tì E5 LcL.~ 1lF.D tv 1'17--i /N m I S LO C A. TI 0 tv . F= . P. U T (L- I í/E c; J../ A ..5 ~ c-, L- J T7 ES A Lc iV G- -rJ-I1.$ S ïy¿et?1- . <Ç2f~¡I-~ Authorized Representative Date: 1-f~7 /"~CJ JOHN D ßRUHN, District No.1. DOUG COWARD, District NO.2· PAULA A. LEWIS, District NO.3· FRANNIE HUTCHINSON, District NO.4' CLIFF ßARNES, District NO.5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 (561) 462-1725 · FAX (561) 462-1440 ." " <0 i ~ f- 10 T" ..- I- oT" ~ Ü § UJ !£8§~ §" UJ a:: f- 8 8 (f) l- N !:!. i) § 5 8 ~ e. o a:: « > UJ ....J ::J @ o z « ....J ã Ï ..... 10 §!ê ¡: § !£.' "-' 8 \~ ~ âI .., ...... ~a)€ ~§ --8 § ~ I I I 5O'IJ:j05'1- : \: ooon) l..Q05;o- \5010oQ10 _^~J:jOOII\~ \50'l...\)\J"'-05~J:j'lOn~ \50'1-0 ~ a) N 8 ~ 133èLLS H.J.~è Hlè~ON C9Jooo.. ..- Ol.oo-~OS) T" ! § uoo-CW cJ., ... U) ~ ... 8~ T" .~ 8 ~ ~ [. ..8u ~~l ~. om w« C/)I.l... oQ- a..H~ ~ ~ oed ~ ~ Q::« a.. i '" .... o q g ...... ª ~ T" o t::. ~ t . :;, ~ ~'r b. ~ J . 1: ! , - ! : ~ ! ,. . c~ / / ... ( I ! I '- --, I I I , :¡!:.i. ...z 08 1"'I;!2 -> ~ .......§ 0-: ;;;¡ ~-cn c::-:cn --Co· Q..-0 ·CJ 0'10 ~::z:: 07- ""¡W.J a:I --C ~~ <~ ~~- W.Jz~ cn~~ O-W.J Q..~z oz,.;:; c::0... Q..~W.J ZQ --cz \t.I;:¡ --C . . ~. :;, .,. , , .. " ;. I!:r' ','.:/::\; " ',. ·:,I;,·i· " "·.d1 ...¡\J"" ; I! "-,,. .....,¡ BOARD OF COUNTY COMMISSIONERS PROPERTY ACQUISITION March 23, 1999 -., œ Œ~~~:q~,; FPUA ENGINEEF~ Fort Pierce Utilities Authority P. O. Box 3191 Ft. Pierce, FL 34948 RE: CONSENT OF INTERI~STED OR AFFECTED ¡TTILITY/DRAINAGE ENTIn: Petition to AbandonlV acate Part of Abbott Street and an Undefmed Width of Lots 9- 13 of Benn Hogg's Subdivision To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 561-462-1725. Thank you for your assistance in this matter. Sincerely, ' -: I' \ i~ 4£;,¿ ~ Belinda V ose ' .' Acquisition Agent r:' e , -~ r ~ APB. - \ ,- L.·· Ene. Petition site sketch and description. ************************************************************************************************************ Consent as requested v- Consent with the following conditions: Consent Refused Date: 3 ' 3D ~ 91 vie L:Ì--- g€: Authorized Representative JOHN D. ßRUHN. District No.1· DOUG COWARD. District No.2· PAULA A. LEWIS. District NO.3' FRANNIE HUTCHINSON. District No.4. CLIFF ßARNES, District NO.5 County Administrator· Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 (561) 462-1725 · FAX (561) 462-1440 ~ ~. ~ 8 \8 ~ I I I .005....- : ~50óoon) I Q5r::r ~501~IO .0001 A) ~SO"".oQ5'2: Q5'l..o....orn ~50....'O §" a N i) § 5 g ) !!!. fo- W W a:: f0- r;¡ .' <0 1l)T'" ~ ~ ~§~ ~ ~ T'" f § M . ~ .... 8;0- T'" ,,:.~ ~ ~ ~ ~, ~ dI uS" ~~l ~ T'" ~ g 8 cD N 8 N o ~ Il) ~~ ~ ~ d:J N 8 N ê. ora We::( C/)LL oQ- a..H~ ~ ~ OQ{ ~ ~ ~e::( a.. o a:: « > w --' :J g o z « --' I (') Ï 8~- u ,~ « Bo ~ !e,.' 0 133è:J.l.S H.L';¿: Hlt~C'N ...... - y 1 . ~ ! G .. .. ., ~'r b. .. ':.: :':~ 'I; .. . ;.ì:", 'L\:':;' ~z 09 f"')rJJ -> ~- ~NQ o -:~ E-:rJJ a:: ~rJJ -t: Q . Q..-'-' ~'-' 0'\0 ~:I: Or. ....J1.r.J ¡:Q !:,.: i' .i ~ .. .. :j II :/ -< ..J '-" 1 _J 1 c.!I . .1. -t: ~~ ~Q QE-- I.r.Jz~ rJJ~Q 0-1.r.J Q..~Z OZ,.;;: a::0~ Q..QI.r.J ZQ "1:Z QQ;;:¡ -t: :;\ ,'. .', It:!' . .;'.: .: ~ \ i . '..1.>,_,' I"',.I,!',. ',I·:h,.i, "··..Iil ";: ~ . " ~ '! ~....¡ ~ .. J ~ ! . ; !o_..~ ': . Q O¡Ç ~ ~ '" 1- 01 - :> ..,.. -- () (lJ ..., I I I , I I-t (/- .. ¡ I I I I I ~ I:! ) : \ C -: I ~ ~ 1-1. ~~ I -I ----~~-.2! I trJ I I .L__,.... ____ ooz Ii:; 01 :Z ~ · ! · · · ~ .~ : - \..- ......,¡ @ BELLSOUTH TELECOMMUNICA TIONS FILE #: 240.0920 Date: March 31, 1999 /." I , ~ , .,. t' ". -', ............... . '9 ~ t.. '- ;, '-.........~ '- \.: RE: PETITION TO ABANDONN ACA TE Belinda V ose Acquisition Agent St. Lucie County, FI ~. , -'-.j DEAR: Ms. V ose BellSouth has no objection to the abandonment of the utility easement R/W as described herein; Part of Abbott St and an Undefined Width of Lots 9-13 ofBenn Hogg's subdivision as shown in attached sketch. We have no facilities within this portion of said right-of-way. If! can be of further assistance please call Dale A. Hill at (561) 489-8161. Yours truly, , .lv;ØJr ~2~ ! Billie C. Greenlief General Manager \..øf BOARD OF COUNTY COMMISSIONERS '-' PROPERTY ACQUISITION ....~. March 23, 1999 '¡" : n;" . ~'i! I., i:I ',[ U1 ¡ ; ¡ II· MAR 2 61999 Bell South 3300 Okeechobee Road Ft. Pierce, FL 34947 RE: CONSE1\'T OF INTERESTED OR AFFECTED (TT!LITY/DlUINAGE ENTITY PetitIOn to AbandoníVacate Part of Abbott Street and an Undefmed Width of Lots 9- 13 of Benn Hogg's Subdivision To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 561-462-1725. (I' II) Thank you for your assistance in this matter. Sincerely, ~~'4 Belinda V ose Acquisition Agent Ene. Petition site sketch and description. ************************************************************************************************************ Consent as requested ý¡¡'5 , Consent with the following conditions: /t//J /lJ E Consent Refused Date: tt~ Authorized Representative JOHN D. ßRUHN, District No.1· DOUG COWARD, District NO.2' PAULA A. LEWIS, District No..3 . FRANNIE HUTCHINSON, District NO.4. CLIFF ßARNES. Disrrict No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Ft. Pierce, FL 34982 (561) 462-1725 · FAX (561) 462-1440 , . ." o ~ o l1:: « > w -' ~ g o ~ -' I (j I g 8 cD N 8 N o !e. ~ f- UJ UJ l1:: f- If) , (0 lh-r - ~ o.....~ () !£8§ ~ f- 10 §1è .§ ~. It) ~~ ~ N~ 0 g9 ~ - \....t 8 ~ Ii> 'é ~ I I I SO,\.!j05'\- : ~ ooon) '.!j06Q- \50100010 _^s::?..Q001¡\) \50'\ ..iJV""":052.!j'\ On) \50'\.0 CMJoo. -- O¿O(hOS) i ~ (¿¡ooo 8£00- ~OS) M ... ~ r- <0 8'- ij ...... .:.§ ~ ~ ~, tLJOoo- ..8" ~~l s¿oo-~os> tB/ooO- 9¿OCNOS> 1331:J1S H1S¿: Hl~O~j éJ¡ ~-- ~ex)€ ~§ -'S§ ~ ~ ex) N -8 N ª' ~. om we::( cnLL oQ- ~ u nHu~ L.L. 0 « c;:I 00:1 ~ ~ Q::e::( a.. ~ § co> <; 9 g ~ ~ ..... o t::. ~ , . ft" ~ " " . - ! : ~ !. . . c~ I . ~ ! nil.' . ~!;~!~ ~A: I,;' "-9-- c. ~:~ ~21 ~!: U'.íf > P ~ ' ~~I 't _ c.:-r!.__ ., ~¡':';I ....\; oJ.._:o . ,-,:~I~~ . ,i : _ I. . " .. I . ! ~ ," : / .~ ., :1~'!; ;>i 7r. ~~ i :. r .t~,.) :.~ .....,.... ß..,;;:.'JJ~¡ ~f!'~ft' \.\. ::' t~ n - P,il"., i-~ :.1..'.,:1 ..-..- I~"··· . ",,' , b ..- 's ...'-í.....: ) , ., '.\ ,:('. . 'f -. r , ··.rl.!i¡'~.': ., "'I ; I~"Y . ;: ..~~ - ~-;J .J ""-' ~ij·.Y: 4.-.....·" 2 ,-","2' í ','If 0"· -"L "It¡; "'""Vil)" &--, . I . .. .~ .....;,. C,,\~~ -"1 ,/ ,/ .. ( I I I I L__, I I I I !',r b. .L._-""_'~ __.._ :,\ --t: ~~ ~Q Q¡...- ¡'¡z~ V¡~Q O_¡.¡ ~~z OZ.,;;; C2::0~ ~Q¡'¡ ZQ ~Z CQ~ .-,: . , ~Z 02 ....,~ -> ~- ~N~ 0-:';;;> ¡...-v¡ C2::-:'v¡ --t: <::> . ~-'-' -c.:J 0'10 ~:I: o%; ...J[.¡J CQ . ," , ,.:,~ '. . . .j ·:h..ï, ...··..Ii! ,'. " \~).. \. : J :': ~, .. . ~. ~ t.· ¡, ~ 1.'!' -;.: ·>i ¡.... 1495 NW Bri~ Stuart. FL 34994 Adelph."'a Phone (561) 692-9010 Fax (561) 747-2250 '-' March 26, 1999 Belinda Vose Acquisition Agent St. Lucie County Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Petition to AbandonNacate: Part of Abbott Street and an Undefined Width of Lots 9-13 of Benn Hogg's Subdivision Dear Ms. Vose: Please be advised that Adelphia Cable has no objection to the abandonment of the above-referenced site. However, we do not have any interest in this particular area as we do not provide service to Ft. Pierce. If you have any questions or need additional information, please contact me at (561) 692-9010. Sd2~~ Bob Grant Construction Supervisor - -,-'--- - - BG:lg ,'" Ie: (í'''. f¿ n I'r J 'i \ r 1-, ~ I . I; i I" . cc: Jim Vernon !:.JL MAR 2 9 1999 ! ;'-r:.~ -:''' ...::_, '~'. ..1 Equal Opportunity Employer '-" BOARD OF COUNTY COMMISSIONERS ~ PROPERTY ACQUISITION March 23, 1999 Adelphia Cable Company 1495 NW Britt Road Stuart, 'FL 34994 RE: CONSENT OF INTERESTED OR AFFECTED UTlLITYIDRAINAGE ENTITY Petition to AbandonlVacate Part of Abbott Street and an Undefmed Width of Lots 9- 13 of Benn Hogg's Subdivision To Whom It May Concern: Please consider this letter as our request for a LEITER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 561-462-1725, Thank you for your assistance in this matter. Sincerely, /~3d~~ x:~ Belinda V ose Acquisition Agent Ene. Petition site sketch and description. ************************************************************************************************************ Consent as requested Consent with the following conditions: Consent Refused Date: Authorized Representative JOHN D ORUHN. Dlstrlcr No 1 . DOUG COWAP.D. Dlsrricr No.2· PAULA A LEWIS. Disrricr No. J . FRANNIE HUTCHINSON. Disrricr No.4· CliFF OARNES. D,srrtcr No.5 Counry Admlnisrroror - Douglas M. Anderson 2JOO Virginia Avenue · Ft. Pierce, FL J4982 (561) 462-1725 · FAX (561) 462-1440 '-' "'" ~ NORTH 25TH STREET o .0> -, 00 o ~'" ?; js '" U1 ~ ,01 j~ <J1 -u »:::0 ~~H~O NÂp..) ~¡;o§ -U ~bO 1lC/) »m roO ~ ~ 8 p..) (XI j I Gi I r- » z o ~ c: r- m ;¡; AI o -::¡ (501.0076 0 .... .00018) § TRAC 118u to ~ ! '§ g¡ .... 8 ~, ~ .... ~8 01 .... j .. w (S01..QOn ~ 00017) (S01..Q070 .... -- -OOOJ&) ~I ......... -:-' m ~\ s UJ --i AI m m --i o-\.oSì ~IJO \.o-7.~(.90o-\.osì ~"Iooo- O~~Q9ì ...()"''''' I IIJOOO I \ ",,\.osì I _\.SOv I I I -; ~8~ ~ ~ ::~ m .' "ëiI ~ ~ IS ~ j "§ ,n .~ . . '--' !\;:':.:. ,i'ji ....; 0::1 :,,:, r"1 l'" 'L. 0 .,.. -i .. - VJ 0 oj; C"J~ "'C C"J- ;¡. . <:> VJ:" :.0 ..' VJ -i C::::.. 0 0::1..... ..., SRo -< Vi t.J ÕO ~..., õ .; .. ;¡. C:::0::I ~;¡. C'~ t'jC''''C ""0:.0 ::-~O ~<''''C t'j-O C't'jVJ ~~t'j _-iC' C');. ~~ );. :., \..:; .¡- ..-- ....,,--.,. I I "9 I .. I . I . I Jj) I I .f........-t------ I--ì .. I I I 1'.. I-~ I ,H,o I ì I ';; It I ) r I :::z .. I 0: 0 \ I " I I ( ,-- " -,. 't I .~ I I 10 oA- I ~~ ""' I r i: I "'l: ;;; ,. I I O;-£' ". Î CO I ........ " '. I I I I .. ao. I I t·r .. I I r Q ~- L~ +-1 I I I I I ..... ~ .. . Z ~<J .! ;1 ~ !: . . .; f, ~ . i -r ~ '-' '-'^. ßOARD OF COUNTY COMMISSIONERS PROPERTY ACQUISITION 4 May 1999 " i' . ¡l lit' fr,' n.1 W' :,.. ( i ill ~_~ 'i. . I' I ¡ < t:p·" r ~~;[ 8 ~. ~ ,J L . ...... AT&T 1200 Peachtree Street. PA 166 Atlanta, GA 30309 RE: c.ílliSE!SI..0F INTERFSTED OR A.FFECTED..J.lIILITYIDRAI"IA.GF: F'\iTITY Petition to Abandon/Vacate Part of Abbott Street and an Undefmed Width of Lots 9- 13 of Benn Hogg's Subdivision To Whom It May Concern: Please consider this letter as our request for a LEITER OF NO OBJECTION to the abandorunent of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self-addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at 5ó 1-4ó?-17?5. Thank you for your assistance in this matter. Sincerely, .,'-¡ . /' -.../ if. ~Î, j~_/;. .-{'.-/ /;---::"c.- /'~~ p.. Belinda V ose Acquisition Agent Enc. Petition site sketch and description. ************************************************************************************************************ Consent as requested ).'" Consent with the following conditions: Consent Refused D:Ht:: ;J....¡e i,:\ i'iq(1 , ~t.:, ~. C\·~ n t.'. Authorized Repres~t:ltive ~ JOHN Q Of\UHN Dlsrrlcr No 1 . DOUG COWAfl.D Dls"'cr No '2 . PAULA A LEWIS. Dls"'cr No J . mA:-<NtE HuTCHINSON. D,srrlcr No 4 . CLIFF ßAf\NES D,s,,:ç No 5 Counry Admlnlsrraror . Douglas M. Anders,::,' 2JOO Virginia Avenue · Fr. Pierce. FL .34982 (561) 462-1725 · FAX (561) 462-1440 : '-' -....I ~ ~E ~~ - ~ "JCRT" :!5TH STREET o ,âì ... 00 o ~..., ~ ~8 -..., (11 ~ ,0'> §1¡3 õ;8 _ I\J c.n âì o ..., 8 '" ( ) 8 '2 ~ -u ~: »;U I!~' . ~ À H .. .' io > I 1_..... ~ n § -U fI~~~ »m OJO "8 I\J 8 I\J CD ~ I Ô :r r ~ "'- C1 ~ C r m < » :u o ~ (501.0075 ... .00018) ~ (501-0075 TRAC "8" .QOO('1) i ! '~ gj ~':" .... § ... ~§ 0'> .. W j (501-0073 ~ DOQI7) (501-0070 ... - ~ ~§ 8ª~ , ~CDc.n 8 -' I -oÀ cp ãì §o õ;è -... ':-' 0- ,,09ì ~ JO,,0-"l.~"l,900'""09ì ~'VIOOO'" OIOOOlQ9ì -0900'"1 ~ JO~~09ì : .,,90v I I I ãì ° c.n S ~ ë c § ~ $ hi 0 -I (f) 8 '" -< ~ ~ª~ :u .§ m m oÀ ... 0 -< ~ --t - ~01 ~ 0'> .' ,ft .~ , ~" '- 'r, . . -..-- ....---.... -,. oL- IQ I I jj1 I .f..;--t------ r:: I ' rl I , I ;::1 I I I 1 t- -D 4-; I I I I I .... CD z.. (;;. Ii å · () ~ " . J Z .... H ...... Ie , -I c.¡. fI" £ t: ~ " : ~.._.¡ > . ." , i !' .. ~ !.-.-i " , ~ 1\ . .';1 , L';t; : 2, 02 r"'!0"'O "!'JO::o ='20 Z~"'O !"1-0 O!"1cn :;;Zr"'! _'"'ÌO 0, '"'Ì::o ::t!"1 , 1 r- I "'"' r ~ F " .. t·, I" .. . . '-" .1 I I ::;::I t"1r- "./0 :::~ 0'" (')~ (')_"'0 _ <:>, "'. ::0 "'=~ c: 0 ::;::I ,... "!'J s::~ -< ¡¡;.... õO Z"!'J , -i .. c- o ,'., . :" ", I. :.: .;..) ~:'1 ..' ..:, ~. ¡:. ; . .; . I, ~I\f:! .' ',.;, . 1 i:] I I 1 1-_, I : aó I ) 0. '" '" { .. . 1 ~ JUHrHl8 HU111ICH¡' :.....It::r( ur [fIB L...lrc--- [ LOUr-t - 0(. LUCle LOUtH/ \.... r::,ile _i'Jurn~'er:f61626~ OR ~ 1130 PAGE 1510 ,~,ecot ded. OJ-07-98 09.04 A.rr:""'" ....J.--. ) A,J Please return to Courthouse Box 76 This instrument prepared by: TREASURE COAST ABSTRACT & TITLE 401 B. SOUTH INDIAN RIVER DRIVE FORT PIERCE, FLORIDA* :u9mgsuffiP: $ 0.00 Brenda J.Bidle/File No. g7Ð1;1QŠJX : $ 0.70 Appraisers Parcel Id. Num~r~nt 1~8-6b1-o028-0§~~ . CORRECTIVE CORPORATE WARRANTY DEED /) nd ~ J2eh This Warranty Deed Made this b::::... day of FEBRUAny, 1998 A.D. by DICKERSON REALTY FLORIDA, INC. a corporation existing under the laws of FLORIDA, and having its principal place of business at 3340 SE Dixie Highway, Stuart, FL 34997 hereinafter called the grantor, to ST. LUCIE COUNTY PORT & AIRPORT AUTHORITY, a special taxing district whose address is 2300 Virginia Ave., Ft. Pierce, FL 34982 hereinafter called the grantee: (Wherever used herein the term "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations) Witnesseth: That the grantor, for and in consideration of the sum of $10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee: all that certain land located and s!!uate if' ST. LUCIE County, F!orida, viz: SEE EXHIBIT "A" ATTACHED HERETO THIS IS A CORRECTIVE WARRANTY DEED DESIGNED TO CORRECT THE ERRONEOUS LEGAL DESCRIPTION RECITED IN THAT CERTAIN CORPORATE WARRANTY DEED RECORDED IN OR BOOK 1115, PAGE 1827, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. fJR BOOK 1130 PAGE 15" \...r .'-' Together With all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to Hold, the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except taxes accruing subsequent to December 31, 1997; zoning ordinances and rights of way for public roads. SUBJECT TO restrictions, reservations, limitations, and easements of record, if any; this reference to said restrictions shall not operate to reimpose the same. (CORPORATE SEAL) In Witness Whereof the grantor has caused the presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officer thereunto duly authorized, the day and year first above written. Signed, sealed and delivered ~D- Itness ÍÀ P&~~;;cntJMD Witne s n_ print nam~l2.YLr{)WeLG STATE OF FLORIDA C01JNTY OF MARTIN The foregoing instrument was acknowledged before me thiS~ day of ~~, 1998, A.D. by JAMES R. WIDMANN, the President of DICKERSON REALTY FLORIDA, INC., a Florida Corporation. on behalf of the corporation, who i ersona Iy known to ~r who produced ~ as i en I Icatlon an who did (not) take an oath. C .. . ~~::¡;.:t~ø., EJøanor G. DavIs ommlSSlon expires: {*t'Ji.<¡:<1 MY COMMtSSIDN1CC591879EXPIRES (S EAL) ~~!l." December 18. 2000 "i·~iff.~if" 80IIŒD 1MIU TRDV FAIN INSURANœ, INC. (JßAALtJ¡, Ii. ~ /) 'ì'Notary. Public print name £LeA£JtJ¡¿ <=J. U4 V /5 '--' OR BOOK 1130 PAGE 15~ EXHIBIT "A" That part of Lots 9, 10, 11, 12 and 13 of plat entitled BEN HOGGIS SUBDIVISION in Section 28, Township 34 South, Range 40 East, said plat as recorded in Plat Book 1, at page 19 of the Public Records of St.Lucie County, Florida, lying East of Parcel No. 8 (an 80 foot wide strip of land) said Parcel No. 8 as described in Official Records Book 152, page 217, of the Public Records of St. Lucie County, Florida. TOGETHER WI~H The strip of land of undefined width lying East of said Lots 9,· 10, 11, 12 and 13, as shown on the said plat entitled BEN HOGGIS SUBDIVISION, LESS AND EXCEPTING Any portion of the plat entitled FORT PIERCE- HIGHLANDS-UNIT 1 as recorded in Plat Book 10 at page 29 of the Public Records of St.Lucie County, Florida, lying within the above referenced Lots 9, 10, 11, 12 and 13 and within the strip of land of undefined width lying East of said Lots 9, 10, 11, 12 and 13 of said plat entitled BEN HOGGIS SUBDIVISION. ~ll lying in Section 28, Township 34 South, Range 4Q East, St. J ~ Lucie County, Florida. '~. Verified ~ ....., EXHIBIT "H" Certification of taxes paid on petition site or adjacent benefiting property. ST. LUCIE COUNTY IS EXEMPT '-" -....J EXHIBIT "I" Resolution of Abandonment by Municipality (Only if petition site is within a municipality.) N/A '-' '-' EXHIBIT "J" Petitioner's statement in support of granting petition. PARCEL "A": THE UNDERLYING UNIDENTIFIED STRIP OF LAND IS PART OF BEN HOGG'S SUBDIVISION WHICH HAS NOT BEEN USED FOR ROAD RIGHT-OF- WAY AND IS UNIMPROVED AND SURROUNDED BY COUNTY OWNED PROPERTY FOR AIRPORT PURPOSES. PARCEL "B": THAT PART OF ABBOTT STREET IS PART OF THE FT. PIERCE HIGHLAND SUBDIVISION WHICH IS LOCATED WITHIN THE RIDGEHAVEN ACQUISITION PHASE 2 PROJECT OF THE AIRPORT EXPANSION. ST. LUCIE COUNTY OWNS ALL THE PROPERTY LYING SOUTH OF LOT 16 OF BLOCK 3 AND ALL OF THE HOMES IN THIS AREA HAVE BEEN DEMOLISHED. ~ \,J EXHIBIT "K" (Proof of Publication of Notice of Intent to File a Petition for Abandonment) '-' BOCC 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 ATTN.: BELINDA VOSE, PROP. ACQUISITION THE=" IIdBUNE P.O. Box 69 Fon Pierce. Sl Lucie Couoty. Florida 34954-0069 STATE OF FLORIDA COUNIY OF ST. LUCIE Before the undersigned authority personally appeared Maureen Saltzer- Gawel, or Cathi Revels, who on oath says that he/she is publisher, classified manager of The Tribune, a daily newspaper published at Fort Pierce in St. Lucie County, Florida; that the attached copy of the advertisement, being a NOTICE OF INTENT TO ABANDON in the matter of close, vacate and abandon that portion of a public right-of-way known as part of ABBOTT STREET, etc. was published in said newspaper in the issues of March 30 & April 6, 1999 Affiant further says that The Tribune is a newspaper published at Fort Pierce, in said St. Lucie County, Rorida, and that the said newspaper has heretofore been continuously published in St. Lucie County, Rorida, each day and has been entered as second class mail matter at the post office in Fort Pierce, in said St. Lucie County, Rorida, 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. f1I1ll or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swo(\o and subscribed before me April 6, 1999 ~._-_.- ~/\-. ~ OAÁAAtJ ~~~ ,"~<"!".~tI"'''~''.A;I..~,''. Notary Public ......, No. 4285 NOnCE OF tlIENT 10 ABANDON 10 WHOM II' MAY CONCERN: You will take notice that In accordance with the ProVisions of SectiON 177.101, 08 amended 336.09 and 336.10, Florida Statutes. as amended, and St. lucie County Land Development Code, Section 11.10.01 et. seq., ST. LUCIE COUNtY BOARD OF COUNtY COMMISSIONERS Infends to file a petition requesting that the St. Lucie County Board of County Commissioners close, vacate, and abandon that portion of a public right-of-way known as POrt of ABBOTT stREET and an UNDEFINED stRIP OF LAND LYING IN BEN HOGG'S SUBDIVISION hereinafter described. and renounce and disclaim any right of st. lucie County and the Public In and to lhe landa lying within that portion of said pUblic right-of-way known 08 port of ABBOTT STREET and an UNDEFINED STRIP OF LAND LYING IN BEN HOGG'S SUBDIVISION In SI. lucie County, Florida. descrfbed as follows: lEGAL DESC:RI'IION PARCB. "A": DE SJRP OF WÐ OF UNDEFND WD1H L'tING EASl' OF ~ L01S9,10.11,12AND1S,ASSHOWNON1HE~PIAT ENm1ED BEN HOGG'S SU8DMSION OF SECIION 21, 'lOWNSI-. US. RANGE 40 EASl' AS RECORDED IN PlAT BOOK 1, PAGE 19 OF DE fIt8JC RECORDS OF ST. WCE COUNIY, ~ IHJ PARCB. ,": tHAT CERl'AIN 6f1 RIGHT-OF-WAY kNOWN AS A8801T STREET L'tING SOO1H OF DE SOO1H LOT IN OF LOT 16, BLOCK 6 NÐ LOT 14, ILOCK S OF Fr. PERCE IIGtINÐS SUIDMSION AS II£CORDED IN PlAT BOOK 10. PAGE 29 OF 1HE PU8UC RECORDs OF ST. WCE COUNIY. ~ ST. LUCIE COUNtY 2300 VIRGINIA AVENUE Ft PIERCE, FI 349B2 Publish: March 30. 1999 &; AprIl 6. 1999 -- ì '-" ...., NOTICE OF INTENT TO ABANDON TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177.101, as amended 336.09 and 336.10, Florida Statutes, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq., ST LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS intends to file a petition requesting that the St. Lucie County Board of County Commissioners close, vacate, and abandon that portion of a public right-of-way known as part of ABBOTT STREET and an UNDEFINED STRIP OF LAND LYING IN BEN HOGG'S SUBDIVISION hereinafter described, and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying within that portion of said public right-of-way known as part of ABBOTT STREET and an UNDEFINED STRIP OF LAND LYING IN BEN HOGG'S SUBDIVISION in St. Lucie County, Florida, described as follows: LEGAL DESCRIPTION PARCEL "A": THE STRIP OF LAND OF UNDEFINED WIDTH LYING EAST OF SAID LOTS 9, 10, 11, 12 AND 13, AS SHOWN ON THE SAID PLAT ENTITLED BEN HOGG'S SUBDIVISION OF SECTION 28, TOWNSHIP 34S, RANGE 40 EAST AS RECORDED IN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND PARCEL "B": THAT CERTAIN 60' RIGHT-OF-WAY KNOWN AS ABBOTT STREET LYING SOUTH OF THE SOUTH LOT LINE OF LOT 16, BLOCK 6 AND LOT 14, BLOCK 3 OF FT. PIERCE HIGHLANDS SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ST. LUCIE COUNTY 2300 VIRGINIA AVENlÆ FT. PIERCE, FI 34982 PUBLISH: DATE PROOF & BILL: ST. LUCIE COUNTY ATTN: ENGINEERING DIVISION 2300 VIRGINIA A VENlÆ FT. PIERCE, FL 34982 '-' ....., NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177.101, as amended 336.09 and 336.10, Florida Statutes, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq., a public hearing will be held by the Board of County Commissioners of St. Lucie County, Florida, in the Commission Chambers of St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on 7th day of September, 1999, at 7:00 P.M. or as soon thereafter as practicable, on the petition ofSt. Lucie County Board of County Commissioners, to close, vacate and abandon a portion of a public right-of-way known as part of ABBOTT STREET and an UNDEFINED STRIP OF LAND LYING IN BEN ROGG'S SUBDIVISION hereinafter described, and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying within that portion of said public right-of-way known as part of ABBOTT STREET and an UNDEFINED STRIP OF LAND LYING IN BEN ROGG'S SUBDIVISION in St. Lucie County, Florida, described as follows: LEGAL DESCRIPTION PARCEL "A": THE STRIP OF LAND OF UNDEFINED WIDTH LYING EAST OF SAID LOTS 9, 10, 11,12 AND 13, AS SHOWN ON THE SAID PLAT ENTITLED BEN HOGG'S SUBDIVISION OF SECTION 28, TOWNSHIP 34S, RANGE 40 EAST AS RECORDED IN PLAT BOOK 1, PAGE 19 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND PARCEL "B": THAT CERTAIN 60' RIGHT-OF-WAY KNOWN AS ABBOTT STREET LYING SOUTH OF THE SOUTH LOT LINE OF LOT 16, BLOCK 6 AND LOT 14, BLOCK 3 OF FT. PIERCE HIGHLANDS SUBDIVISION AS RECORDED IN PLAT BOOK 10, PAGE 29 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. '-" ....., All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the Public Hearing will also be considered. Anyone requiring special accommodations to attend or participate in the Public Hearing should contact the County Administrator at (561-462-1450 or TDD-561-462-1428) a minimum of forty-eight (48) hours prior to the hearing. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA. PUBLISH: August 26,1999 PROOF: 81. Lucie County Property Acquisition Division 2300 Virginia Avenue Ft. Pierce, FL 34982 BILL: 81. Lucie County Airport Division 2300 Virginia Avenue Ft. Pierce, FL 34982 COPIES TO: County Administrator County Attorney Public Works Director County Engineer Road & Bridge Manager Community Development Director --- EXISTING N 310N APPROACH PROTECTION ZONE FUTURE NON PRECISION APPROACH PROTECTIPN ZONE WfE i ~ i- I~ I ~ i C-- APPROACH PROTECTION ZONE FOR I PRECISION APPROACH TO EXISTING I RUNWAY WHEN APPROACH IS INSTALLED. I I --.... . GRAPHIC BeAU: ~-.u-: '!' ¡--) NOT E : STREETS WILL BE VACATED WHEN ALL OF THE PROPERTY IS PURCHASED. LIGHT GRAY SHADING INDICATES THE PROPOSED 25th. STREET EXTENSION, A FLORIDA DEPARTMENT OF' TRANSPORTATION PROJECT. ANDERSON PARCEL HINEBAUGH PARCEL n· \C:-7-AIITnr'An\nOAlAIHIr.:c:\ ATOOnOT\OO')Æ C"..... 1..1 {\Æ ~~. At::· '::¡{\ ~nnn nCA LEGEND: ROADS ABANDON m 1m ¡i1i!¡i!!iI!IIT~..rm;,¡mrTImlmjrEIIj[!'i~¡¡ FUTURE PROPERTY LINE RED - INDICATES FUTURE LIGHT BLUE - INDICATES EXISTING ---.-------- YELLOW INDICATES COUNTY OWNED PROPERTY GREEN CROSS HATCHING INDICATES COUNTY OWNED PROPERTY RED INDICATES PROPERTY NOT ACQUIRED AT THIS TIME. TO BE ABANDON T ~I ¡ ~ !< I t; I I !~ I lill:: ~~I ~I !53~ I !~ ~ .. \II ... lit ... I Q · · ... · ..... .. ø 1: .. .. I I '-" ""-" DEFINITIONS Abandon - the voluntary relinquishment of rights of ownership or another interest or give up the interest. Abutting property - one whose land is contiguous, touches, or borders on the petition site. Affected property - any parcel ofreal property, or portion thereof, which lies within a three hundred feet (300') radius of the boundaries of the petition site, or any other property adversely affected by the requested action. County - St. Lucie County, Florida, and its Board of County Commissioners. County right-of-way - any right-of-way acquired by the County or the public by virtue or a dedication to the public or the County on Ii plat, by separate instrument of conveyance or by prescription. Department - The St. Lucie County Property Acquisition Division. Land value - the value of land as established for the tax base by the Property Appraiser's Office prior to any or all exemptions. ~ - that person, governmental entity or business entity which is the fee simple title holder of real property. Owners As.'iociation - any association or corporation created under the laws of the State of Florida, the membership or which is comprised of all owners of real property over which the owners association has jurisdiction by virtue of a declaration of covenants and restrictions, declaration of condominium, or similar instrument. The term shall '-" """ include the terms "homeowner's association and property owner's association". Petition for abandonment or Petition - the form, prescribed by the Department, which requests the abandonment of a plat, or portion thereof, right-of-way or public easement pursuant to this Ordinance. Petition site - any parcel of real property subject to a petition for abandonment. Petitioner - the person(s), governmental entity or business entity submitting a petition for abandonment. The term petitioner shall include "co-petitioner" where appropriate. Flat - any drawing of real property made and recorded pursuant to Chapter 177, Florida Statutes, or the ordinances of St. Lucie County. Private right-of-w~y - any right-of-way dedication or deed to an owners association or the owner of the abutting property which is dedicated as right-of-way and is the perpetual maintenance obligation of any owners association or the owner of abutting property. Public Easement - any utility or drainage easement which is dedicated by plat in perpetuity (forever) for roadway, util~ty or drainage purposes, or which is conveyed by separate instrument recorded in Public Records to the public or the County, which instrument has been approved by the County for recordation. The term shall not include instruments of conveyances or dedications made to specifically named utility companies, owners associations, drainage districts, or other governmental agencies. Public Records - the documents filed in the office of the Clerk of the Circuit Court in and for St. Lucie County, Florida. Right-of-w~y - any strip of land dedicated or deeded for ingress and egress or access purposes. The term shall include the terms "road, highway, alley, accessway and any other similar term". The term shall mean both County right-of-way and private right-of-way. '-"" "" Utility company - any public or franchised entity which provides electrical, water, sewer, gas, communication or cable services. - -.,. -- .~ \.,- AGENDA REQUEST I~M NO. 5 [) DATE: September 7, 1999 REGULAR [ ] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Ordinance No. 99-11 - Amending Chapter 1-2 (Administration) - Promotional/Entertainment Expenses BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board ;3.dopt Ordinance No. 99-11 as drafted. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: Raise maximum tip percentage to 20% u as Anderson County Administrator 6 month review rJa Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eff. 5/96 '-' ......., /~ r INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO. 99-1180 DATE: August 31, 1999 SUBJECT: Ordinance No. 99-11 - Amending Chapter 1-2 (Administration) - Promotional/Entertainment Expenses ------------------------------------------ ------------------------------------------ BACKGROUND: Attached is a copy of draft Ordinance No. 99-11 which, if adopted, would amend Section 1-2-16.1 "Longevity and special recognition awards to county employees" of the Code of Ordinances of St. Lucie County by deleting the St. Lucie County Port and Airport Authority. Further, Ordinance No. 99-11 would, if adopted, create Section 1-2-16.2 "Food and Promotion Expenses" of the Code of Ordinances of St. Lucie County. This section would allow county employees to be reimbursed for meal and beverage expenses of persons in the interest of promoting and publicizing the County. Requests for reimbursement pursuant to this section would be approved by the County Administrator or designee prior to the expenditure unless extenuating circumstances are determined to exist by the County Administrator. Then the County Administrator may grant an exception after an expense has been made. Permission to advertise was granted on August 10, 1999 and notice was published in the Tribune on August 20, 1999. '-' """'" RECOMMENDA TION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 99-11, as drafted. Respectfully submitted, -hi-c /,¿'~ Katheri e ackenzie-Smith Assistant County Attorney Attachment '-' -DrvA- ~ ~¡:;d 56 ORDINANCE NO. 99-11 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS BY AMENDING CHAPTER 1-2 (ADMINISTRATION) OF THE CODE OF ORDINANCES BY AMENDING SECTION 1-2-16.1 TO DELETE THE ST. LUCIE COUNTY PORT AND AIRPORT AUTHORITY FROM THE DEFINITION OF COUNTY EMPLOYEE AND BY CREATING SECTION 1-2-16.2 (FOOD AND NON-ALCOHOLIC BEVERAGE EXPENSES) TO PROVIDE FOR PAYMENT OF FOOD AND NON-ALCOHOLIC BEVERAGE EXPENSES INCURRED WHILE PROMOTING THE COMMON INTERESTS OF THE PEOPLE OF ST. LUCIE COUNTY; FURTHER PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners (the "Board") adopted Ordinance No. 87-54, which created Chapter 1-2.16.1 "Longevity and special recognition awards to county employees" of the Code of Ordinances of St. Lucie County, Florida, to authorize the expenditure of county funds to purchase awards and meals for specified county employees including employees of the St. Lucie County Port and Airport Authority; and, WHEREAS, the 1998 Florida Legislation pursuant to Chapter 98-497, Laws of Florida, has abolished St. Lucie County Port and Airport Authority; and 3t~uck tl~~ough passages are deleted. Underlined passages are added. 1- '-" ......., WHEREAS, the Board has determined that it is in the common interest of the people of St. Lucie County and serves a public purpose to further the economic welfare of St. Lucie County by allowing valid and proper expenditures of County funds for food and non-alcoholic beverage expenses; and WHEREAS, the Board has determined that it is necessary and in the public interest of the citizens of St. Lucie County, Florida to create Chapter 1-2-16.2 of the St. Lucie County Code of Ordinances. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Chapter 1-2 ADMINISTRATION ARTICLE I. IN GENERAL PART A. AMENDMENT OF SECTION 1-2-16.1 - LONGEVITY AND SPECIAL RECOGNITION AWARDS TO COUNTY EMPLOYEES Section 1-2-16.1 of Article I of Chapter 1-2 of St. Lucie County Code of Ordinances is hereby amended to read as follows: Section 1-2-16.1 Longevity and special recognition awards to county employees. (a) Definition. The term "county employee" as used in this section shall include all employees of the following: (1) Board of County Commissioners (2) ::a. Lucie County rort ðnd Airport Authority" i2.lt3t St. Lucie County Mosquito Control District .QlW St. Lucie County Erosion District Struck th~ough passages are deleted. Underlined passages are added. 2- ~ -...; i4lt5t Any county constitutional officer who desires to participate in the award program. (b) Expenditures from county funds. The following expenditures are deemed to constitute valid and proper county purposes for which county funds may be used: (1) The purchase and presentation of awards to county employees for longevity of service or outstanding service or achievement in connection with county employment. Such awards may include framed certificates, plaques, pins and other suitable tokens of recognition as determined by the board of county commissioners. (2) Breakfasts, luncheons, or dinners during which such awards shall be presented to the recipient county employees. (3) Breakfasts, luncheons, dinners or special events during which all county employees shall be recognized for their service to the county. PART B. CREATION OF SECTION 1-2-16.2 FOOD AND NON-ALCOHOLIC BEVERAGE EXPENDITURES. Section 1-2-16.2 of Article I of Chapter 1-2 of the St. Lucie County Code of Ordinances is hereby created to read as follows: Section 1-2-16.2. Food and non-alcoholic beverage expenses 1.gl Expenditures from County funds. The following expenditures are deemed to be in the common interest of the people of St. Lucie Countv. necessary for the economic welfare of St. Lucie County and constitute a valid and croper County purpose for which Countv funds may be used: ill excenditures. including necessary sales tax and tips not to exceed '1lJ-A -:..,,fifteen percent. for meals and non-alcoholic beverages. of persons o ,in the interest of promoting and engendering goodwill. to 8t~ùck th~ough passages are deleted. Underlined passages are added. 3- '-' ...,,¡ publicize. advertise. and promote the activities of the County. to make known the advantages. facilities. resources. proiects. attractions and attributes of the County, to create a favorable climate of opinion concerning the County. and to coooerate with other agencies. public or private. ill All requests for food and non-alcoholic beverage expenses pursuant to this section should be approved bv the County Administrator or designee prior to the expenditure. Under sufficient extenuating circumstances. as determined by the Countv Administrator. the County Administrator or designee. at his or her discretion. may approve food and non-alcoholic beverage expenses after the expense has been paid. PART C. CONFLICTING PROVISIONS Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. 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. 3t~uck th~ough passages are deleted. Underlined passages are added. 4- '-'" ...., PART E. 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 F. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office. PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or re lettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Paula A. Lewis XX Vice Chairman John D. Bruhn XX Commissioner Cliff Barnes XX Commissioner Doug Coward XX Commissioner Frannie Hutchinson XX St~uck Lh~ough passages are deleted. Underlined passages are added. 5- '-' ....., PASSED AND DULY ADOPTED this _ day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY St:r: tIck Lluougl.L passages are deleted. Underlined passages are added. 6- - ...-; - .. .. , '-' AGENDA REQUEST ...., ITEM NO. 5C DATE: 09/07/99 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [X] Quasi-Jud. [] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Development SUBJECT: Request to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit for 6.05 acres of land located at 21430 Glades Cut-Off Road, in the AG-5 (Agricultural - 1 dU/5 acres) Zoning District - Draft Resolution 98-183. BACKGROUND: Petition of Beverly Schoeneberg (Vikki Aaron, Agent) 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-99-001) FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Approve Draft Resolution 98-183, to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit for 6.05 acres of land located at 21430 Glades cut-Off Road, in the AG-5 (Agricultural 1 dU/5 acres) Zoning District. COMMISSION ACTION: [ X ] [ ] APPROVED OTHER: DENIED -- M. Anderson Administrator cr-// .~ County Attorney: . > Review and ~provals Management & Budget: Purchasing: Originating Department: Other: Other: Finance: (Check for Copy only, if applicable) '-' ....." "-- COUNTY COMMISSION REVIEW: 09/07/99 File Number MH-99-001 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: EO dOfcpsioners un;ty evelopment Director eptember 1, 1999 FROM: DATE: SUBJECT: Petition of Beverly Schoeneberg (Vikki Aaron, Agent) 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: 21430 Glades Cut-Off Road ZONING DISTRICT: AG-5 (Agricultural- 1 du/5 acres) FUTURE LAND USE: AG-5 (Agricultural - 5) PARCEL SIZE: 6.05 acres SURROUNDING ZONING: The AG-5 (Agricultural - 1 du/5 acres) Zoning District is located to the north, south, and west. The Zoning District is located to the east. SURROUNDING LAND USES: The existing uses are residential and vacant. FIRE/EMS PROTECTION: Station #11 (Shinn Road), is located approximately 6 miles to the north 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: Glades Cut-Off Road is a county owned/maintained right-of- way 150 feet in width. ......... ,..." September 1, 1999 Page 2 Subject: Beverly Schoeneberg File No.: MH-99-00l SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity COMMENTS The petitioner, Beverly Schoeneberg, is requesting authorization to install a new 24.33 foot by 48 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 6.05 acres ofland located at 21430 Glades Cut-Off Road, in an area of residential and agricultural uses. County staff has reviewed the application and detennined 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 defmed 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. Staffhas 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 ofthe proposed Class "A" Mobile Home. Staff recommends approval of Draft Resolution 99-183. Please contact this office if you have any questions on this matter. SUBMITTED: ¿~~ ia Shewchuk, AICP ommunity Development Director hf cc: Beverly Schoeneberg Vikki Aaron 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 98-183 FILE NO.: MH-99-Q01 A RESOLUTION DEFINING A CLASS "A" MOBILE HOME AS A DETACHED SINGLE- FAMILY DWELLING UNIT IN THE AG-1 (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: 1. Beverly Schoeneberg (Vikki Aaron, Agent) presented a petition 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 for the property described below. 2. On September 7,1999, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 3. The Class "A" Mobile Home determination is consistent with aIL elements of the St. Lucie County Comprehensive Plan and has satisfied the standards of review set forth in Section 11.05.02(D) of the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The St. Lucie County Board of County Commissioners has determined that the request of Beverly Schoeneberg (Vikki Aaron, Agent) to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit to be located on that property described as follows: SECTION 21, TOWNSHIP 37 SOUTH, RANGE 38 EAST. BEGIN AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT-OF-WAY OF GLADES CUT-OFF ROAD AND THE WEST LINE OF SAID SECTION; THENCE, NORTH 44°43'30" EAST ALONG SAID RIGHT-OF-WAY 788.70 FEET TO THE POINT OF BEGINNING, THENCE, CONTINUE ALONG SAID RIGHT -QF-WA Y 239.37 FEET; THENCE, NORTH 37°03'16" WEST 663.16 FEET; THENCE, NORTH 01°56'00" WEST 357.33 FEET; THENCE, SOUTH 88°04'00" WEST 365.73 FEET TO THE WEST SECTION LINE; THENCE, SOUTH 01°56'00" EAST ALONG SAID SECTION LINE 338.34 FEET; THENCE, NORTH 88°04'00" EAST 198.00 FEET; THENCE, SOUTH 29°17'24" EAST 817.37 FEET TO THE POINT OF BEGINNING. File No.: MH-99-001 September 7. 1999 Resolution 98-183 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 ~~ \..øi ,.." (6.05 AC) (Tax 1.0. No. 4221-332-0011-000/1). (Location: 21430 Glades Cut-Off Road) is consistent with the requirements of Section 11.05.02(0) of the St. Lucie County Land Development Code, and is hereby approved. 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 Paula A. Lewis xxx XXX XXX XXX XXX Vice-Chairman John D. Bruhn Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes PASSED AND DULY ADOPTED This 7th Day of September 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H\WP\RESOLUTI.N\FINISHED.99\Schoeneberg.MH\SchoenebergRES.wpd File No.: MH-99-001 September 7. 1999 Resolution 98-183 Page 2 ·, ! I ! I : ¡ ¡ i ~!! i I ~i I I: j' ! I I I I ! I I! I I I I II' i I I ! I ! III ! ¡Ii II j i ¡ I ¡ ¡ II ¡, ¡ 1 -¡~-t I ~ . ' I -! -, ! -! -i I : I , 1- ,1 -I J I! Hi! 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'" 0 ~ ~ ~ ~ ~~~ õ,.c« æ~ëÓ -..J c».S .; .S; ~ ~g-c ..-= ~ ~ z ., c '" 0 ~:¿§ ~ "§ æ'~ ~ Š:.~ ~ § a:s 1Q :a a::: æ ~ < 0 .~ .~ <Ó ~ 'OC-E ~ æ ~ 2 0 '¡ij .8 -¡¡; Z ~ 0 ~ ':J ~::¡¡¡ 0 .~ æ Q) ~ _w.c. c ~EE0~ o~e~UJ -- «J _ c: C.!J -¡¡; If) ~ ., Z ~~~~1. .g ~ ~ ~ u $'6E"ðo ~-g"Èg-~ E '" ., æ u e tI) E.::. w :;;.~ ð m ìrl QJ Qj ~ Q.) ::J ~ -g E"È U) ctI Q.) .- ro: U) "C!:'Ooz E "" æ - º .~ C 0> 1D ~ QJ 0 .!; 2 u g>£ro:;i:L õg'"&,O(] .EÆ":~!f ~oæ~U) ~2û;--o g-.Ð 8 .~ ~ ro~õ~U) ~-ê-Gg.ÇJ ~ 2 ~s f[ <D '" '" @ (;;.') ~..!- "U o ~ ä: .. .£: ~ (ij L. :J .. CII C UI "U "U IU ..... L .QJ >. .::I. U) C)I"'~¡:: 8~ ~~; ø~ ~~ ; rt', &ù ~ . !:: ::I~ ~ ... 0 ~ ......., Section 3.01.03 Zoning District Use Regulations C. AG-5 AGRICULTURAL - 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 five (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 (Ol) 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 anli 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) j. - Telecommunication towers - subject to the standards of Section 7.10.23 (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. equipment maintenance. (4581) c. Airports and flying, landing, and take-off fields. (4581) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) Adopted:AUgust1,1990 98 Revised Through 04/15/99 ... - '-' '-"" Section 3.01.03 Zoning District Use Regulations e. Farm products warehousing and storage. (4221/4222) 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 fumiture (24) i. Mining and quarrying of nonmetallic minerals, except fuels (14) j. Retail trade: (1) Farm equipment and related accessories (999) (2) Apparel & accessory stores (56) k. Sewage disposal subject to the requirements of Section 7.10.13 (999) I. Camps - sporting and recreational (7032) m. Off-Road Vehicle Parks. except go-cart raceway operation or rentals (7999). subject to the requirements of Section 7.10.21 (999) 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 7.10.19 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 house subject to the requirements of Section 7.10.04. (999) Adopted 'August 1, 1990 99 Revised Through 04/15/99 .. - '-' ..."", 0) ........-.- z '- " Q) ... E ..Q c~ co co Q) QI " ~ T'""" E ,., !i C 0 ",'" Q) 0 ~ c · w ., 0 ~ t I > .- .. 0 ., ... ~ u 0) C " -< . ..c E ." 0) ,.,,, ~ u () ... 0 · Ï "ë ~ Do ~ (f) · " ,,- ~ r I E " Do U >- E:ë Do ~ · o '" '" ~ L:: 0 u " .; " Q) \ C- OD 0 > , ., Q) t:> CO , , ... ... ... '" II: ~ Z :J 0 ~ ü z QYOI - :J 0 aYOH 3N' 7.)HVY Ü a: w 1,¡. > . f ã: I ; .. .. ... t! ~ Z ... ~ = g ¡:: .. I ~ a: II: I!i 0"t0II Q]]NS « ~ II: ::;:;: ë5 .,., ......, ~ S ¡.£ 1 S S£ 1 ... ... ~ .. '" i I!i ... '" II: II: AlNno:::> 3380H:::>33>10 '\ ~ - .. - - Zonin ......., .....", Beverly Schoeneberg MH ".99-001 f N Land Use ~ .....", Beverly Schoeneberg M H . 99-001 ~ Community Development t ~ Geographic Information Systems Map revised August 17, 1999 _ IT\8 ) h8I been compiled lor __ pIonrkog IInd .-.nee pI.<pOSØS only. v.w. ~ efbt,.. been rMde to provkje the molt curent n 8CCUI'BI. N lnfonTllltion poeaÞe,." not Irùnded for U88 as . legally birdng doa.ment '-' 'w1fI' AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, SEPTEMBER 7,1999 7:00 P.M Petition of Beverly Schoeneberg (Vikki Aaron, Agent), 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: 21430 Glades Cut-Off Road) THE PROPERTY'S LEGAL DESCRIPTION IS A VAILABLE UPON REQUEST If it becomes necessary, these public hearings may be continued from time to time. Please Tfõte that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter cÔnsidered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on August 26, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 26, 1999. FILE NO. MH-99-001 - - ~ "wJI ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA SEPTEMBER 7. 1999 TO WHOM IT MAY CONCERN, NOTICE b hereby given In accordonce wffh Sedlon 11.00.03 d the St. Lucie County land o...Iopment Code and In accordance with the p<oYislans d the St. lucie County Comprehensive PIon. that the fallowing applicants have requested that the St. Lucie County Board d County Commlsskmen consJd.. thetr request as follows: 1. BEVERLY SCHOENE8ERG (VIkkl Aaron. Agent). Ia dellne a Class' A' Mabile Home as a Detached Single-Family Dwelling Unit In the AG.5 Zoning Dlstrld. Sedlon 21. Township 37 South, Range 38 East. Begin at the Intersection d the northwosterly right-of·way 01 Glades Cut·Off Rood and the west line d sold section, thence north ..·.3'30· East along said rlght-of.way 788.70 feet Ia the Paint d 8egloolng¡ thence cantlnue along said righl- oI-way 239.37 feet; thence North 37'03'16' W'" 663.16 feet, thence North 01'S6'00" W'" 357.33 feet; thence Savth 88'0.'00' West 365.73 feet Ia the west section line; thence Savth 01'56'00' East along said section line 338.3-4 feet; thence North 88'0.'00' Eost 198.00 feet, thence South 29'lr2.' East 817.37 feet Ia the Paint d 8eglnnlng. (6.05 Aq (OR 1221-9851 (Tax 1.0. No. .221.332.0011.000/1). (Location, 21.30 Glades Cut.Off Road) 2. CHARLES.... WHITE. for Preliminary and Final PlaMed Unit Develop- ment approval for the pra ect known as Pine Summit. PUD. and for a Change In Zoning !ram the RM·S (Residential. Muhiple..Famlly - 5 du/ aae). CO (CammercIoI, 0IIIce , and CG (Commercial. GeneraQ Zoning D1str1c1s Ia the PUD (planned Unit DevoIapment . Pine Summit) Zoning DIs1rid far the fallowing described property, A parcel d land lying In SectIon 22 & 23. Township 36 Savth. Range .0 East and being mare partlculorty described as fallows, Commence at the northeast <am« d said Section 22, thence South 00'08'00' West. along the eoslllne 01 said SectIon 22. a distance 01 1162.76 feet Ia the Paint d 8egloolng¡ thence cantf.... Savth 00'08'00' W.... along the eost line d sold SectIon 22, a distance of .55..6 feet Ia a CUMI concave Ia the northeast. ha'ling a radl... d 1130.00 feet, thence southeasterly. through a central angle d 36'53'2.'. on ac distance 01 727.56 feet Ia a nan-IangenIlnIersecIfon; thence Savth 05'03'.3' W.... a distance d 67.18 feet, thence Savth .7"15'56' W.... a distance 01 115.13 feet Ia a CUMI concave Ia the southeast. ha'ling a radius 01 815.00 feet, thence sauthwest.ly. through a central angle d U·.6'«'. an arc dlslance 01 210.22 feet to a non-langent Intersectlan; thence Savth 00'08'00' West. a distance d 319.81 feet, thence North 89'SI'OO" West. a distance d 113HO feet, thence North 27'32'30" West, parallel with the _t right-of.way line 01 U.S. Highway No. 1 (State Rood No. 51. a distance 01 61S.02 feet; thence North 89'S2'00" W.... a distance oIS8.36 feet; thence North 00'10'5.' East. a distance d 300.00 feet, thence North 89'S2'00' West. a dlslance of 99.23 feet, thence North 27"32'30' W.... porallel wffh said easl right-of.way line 01 U.S. Highway No.1. a distance 01 1 09.35· feet, thence North 25'26'.5" West. a distance d 809.21 feet to a paint on the east line of the _t hall d the northwest quarter 01 the northeast quarter 01 said Section 22; thence North 00'1 0'5.' East. along said eoslll... a distance d 181.00 feet, thence North 89'50'2.' West. parallel with the south line d the northwest q..... d the northeast quarter d said Section 22. a dIslance of .S9.78 feel, Ia a paint on the east right-of.way line 01 said U.S. Highway No. 1. said east right-of.way line being a CUMI concave Ia the eost. ha'ling a radius d 1832.08 feet. a central angle of 05'51'2S". a d.ard distance 01187.20 feet. and a chord bearing 01 North 17".5'35" West¡ thence nartherty along the arc d said CUMt and said east right-of-way line line, on arc distance 01187.28 feet Ia the westerly end 01 a jog In sold east rIght-of.way h.... thence North 75'10'07" East. a distance 0112.00 feet Ia the eosterly end d said jog. said easterty end d sold jog being a paint 01 curva1ure d a CUMt concave Ia the east and ha'ling a radius 011820.08 feet. a central angle 01 13'S5'17", a d.ard distance 01..1.15 feet and a d.ard bearing 01 North 07"S2'1.' West¡ thence northerly along the arc 01 sold CUMI and said eos! rlght-of.way hne. an arc distance 01 ..2.23 feet, Ia a paint 01 Intersection with a nan-radfal h... a radial Ia said paint bean Savth 89'05'2.' W...; thence Savth 89'S2'00' East, parallel with the north II... 01 Sedlon 22. a distance 01 263..2 feet, thence North 00'05'33" East, parallel wffh the eost.ly right-of-way line 01 said US Highway No. 1. a dIsta_ 01 330.00 feel, Ia a paint on the sauth II... of the north 120.00 feet 01 the west half 01 the narthwesl quarter of the northeast quarter 01 Sedion 22, thence Savth 89'S2'OO" East. along the sauth II... 01 the north 120.00 feet 01 the west half 01 the narthwost q"""- 01 the northeast quarter 01 said Sectfon 22, a dIsta_ 01 36..71 feet, Ia a point on the eos! line 01 the west 60.00 feet 01 the eost ha~ 01 the northwest quarter 01 the northeast quarter 01 said Section 22, thence Savth 00'10'S.' West. along the east line 01 the west 60.00 feet 01 the eas' half 01 the northwest quarter 01 the northeas! quarter. a dllla_ 01 700.00 feet, thence Savth ..·52'00" East. a dlslance 01 .84,7. feet Ia the sauth line of the narth 1162.76 feet 01 said Sedion 22, thence Savth 89'S2'00' East, along sold sauth line, a dIsta_ 01 278.00 feet; thence Savth 00'08'00" West, a distance 01 117.00 feet, thence Savth 89'52'00' East. a dllla_ 01270.00 feet, thence North 00'08'00' East. a distance 01117.00 feet; thence Savth 89'S2'00" Eas!. along said south II.... a dlslance 01 1026.93 .... Ia the eost line of said Section 22. returning Ia the Paint 01 BegIMing. Sold parcel cantolns 77.80 acres. mare or less. (Tax 1.0. Nos. 3.22·121· 0002.000/1 and 3.22.12O-OOOO-OOO/.). (location, East ~de 01 Savth U.S. Highway No.1. approximately 500 feet Savth of the entrance Ia the Villa SI. Lucie Condomlnl.IM) PUBLIC HEARINGS will be held In the County Commission Chamber~ 3rd floor d the Roger PaItnn Admlnls1raflan Annex Building. 2300 Virginia A_ fort PIerce. flollda on September 7. 1999. beglMlng at 7,00 P.M. or as soon thereofter as possible. PURSUANT TO SectIon 286.0105. florlda Statutes. II a person decides to appeal any dectslon made by a board, agency. or commis- sion with respect Ia ony matter considered at a meeting a hearing. he will need a record 01 the praceedlng~ and that. for such purpo.... he may nted to ensure that a verbatim record of the proceedings is made, which record Includes the tesllmany and evidence upon which the appeal Is Ia be based. 80ARD Of COUNTY COMMISSIONERS ST.lUCIE COUNTY. flORIDA /S/ PAULA.... LEWIS, CHAIRMAN Pub~ .Aug. 26. 1999 - - fl'J- k,,}; '-" No. 7977 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBlIC HEARING AGENDA SEPTEMBER 7, 1999 TO WHOM IT MAY CONCERN: NOTICE is hereby given In accordance with Section 11.00.03 ot the St. Lucie County Land Development Code and In accordance with the provisions ot the St. Lucie County Comprehensive Plan, that the tollowing applicants have requested that the St. Lucie County Board ot County Commissioners consider their request as tollows: 1. BEVERlY SCHOENEBERG(VIkld Aaron, Agent), to defme u Class "A" Mobile Home as a Detached Single-Family Dwelling Unit In the AG-5 Zoning District. SECTION 21, TOWNSHIP 37 SOUIH, RANGE 38 EAST. BEGIN AT THE INTERSECTION OF THE NORTHWESTERlY RIGHT-of-WAY OF GlADES CUT..QFf ROAD AND THE WEST UNE OF SAID SECTION, THENCE NORTH 44' 43'30" EAST AlONG SAID RIGHT-of-WAY 788.70 FEET TO THE POINf OF BEGINNING. THENCE CONI1NUE AlONG SAID RIGHT-of-WAY 239.37 FEET, THENCE NORTH 37' 03'16· WEST 663.16 FEET, THENCE NORTH 01· 56'00" WEST 357.33 FEET, THENCE SOUIH 88· 04'00' WEST 365.73 FEET TO THE WEST SECTION lINE, THENCE SOUIH 01· 56'00" EAST ALONG SAID SECTION lINE 338.34 FEET, THENCE NORTH 88' 04'00" EAST 198.00 FEET, THENCE SOUIH 29" 17'24' EAST 817.37 FEET TO THE POINf OF BEGINNING, (6.05 Aq (OR 1221-985) (Tax I.D, No, 4221-332-0011-000/1). (location: 21430 Glades CuI-otf Road) 2. CHARlES A. WHITE, tor Preliminary and Final Planned Unll Development approval tor the project known as PiI'Ie Summll- PUD, and tor a Change In ZonIng trom the RM-5 (Residential, Mulllp/e-Famlly - 5 dU/acreL CO (ComrnercIat, Office), and CG (Commercial, Genera/) Zoning Disfricls 10 the PUD (Planned Unit Devetopment - Pine Summit) ZoriIng District tor the tollowing described properly: A PARCEl OF lAND LYING IN SECTION 22 6: 23, TOWNSHIP 36- SOUIH, RANGE 40 EAST AND BEING MORE PARnCUIARlY DESCRIBED ÞS FOllOWS: COMMENCl! AT THE NORTHEAST CORNER OF SAD SECTION 22; THENCE SOUIH 00" 08'00· WEST. AlONG THE EAST lINE OF SAID SECTION 22, A DiSTANCE OF 1162.76 FEET TO THE POINT OF BEGINNING: THENCE CON11NUE SOUIH 00" 08'00· WEST, AlONG THE 'EAST UNE OF SAID SECTION 22. A DiSTANCE OF 455.46 FEET TO A CURVE CONCAVE TO lHE NORTHEAST, HAVING A RADIUS OF 1130.00 FEET; THENCE SOU1HEASTERlY, THROUGH A CENTRAl ANGlE OF 36· 63'24·, AN ARC DiSTANCE OF 727.56 FEET TO A NON-TANGENT INJERSECTION; THENCE SOUIH OS· 03'43' WEST, A DISTANCE OF 67.18 FEET, THENCE SOUIH 47" 15'56· WEST, A DISTANCE OF 115.13 FEEl TO A CURVE CONCAVE TO lHE SOUIHEAST, HAVING A RADIUS OF 815.00 FEET, 1HENCE sotI1HWESÆRl.y, THROUGH A CENTRAl ANGlE OF 14' 46'44·, AN ARC DiSTANCE OF 210.22 FEEl TO A NON-TANGENT INTERSECTION; THENCE SOUIH 00" 08'00" WEST, A DISTANCE OF 319.81 FEEl, THENCE NORTH 89" 51'00" WEST, A DiSTANCE OF 1134.90 FEET; THENCE NORTH 27" 32'30" WEST, PARAllEL WITH THE EAST RIGHT-of-WAY lINE OF U.S. HIGHWAY NO.1 (STAlE ROAD NO.5), A DISTANCE OF 615.02 FEET; THENCE NORTH 89" 52'00" WEST, A DISTANCE OF 58.36 FEET; lHENCE NORTH 00" 10'54· EAST, A DiSTANCE OF 300.00 FEEl: THENCE NORTH 89" 52'OCr., WEST, A DiSTANCE OF 99.23 FEET; 1HENCE NORTH 27" 32'30' WEST, PARAllEL WITH SAID EAST RIGHT-of-WAY lINE OF U.S. HIGHWAY NO. I, A DiSTANCE OF 109.35 FEEl: THENCE NORTH 25· 26'45· WEST, A DISTANCE OF 809.21 FEET; TO A POINT ON THE EAST lINE OF THE WEST HAlf OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARJER OF SAID SECTION 22; THENCE NORTH 00" 10'54' EAST. AlONG SAID EAST IJNE, A DiSTANCE OF 181.00 FEET: THENCE NORTH 89" 50'24· WEST, PARAllEl WITH lHE SOUIH UNE OF - ....." THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SEC110N 22, A DiSTANCE OF 459.78 FEEl, TO A POINT ON THE EAST RIGHT-OF-WAY UNE OF SAID U.S. HIGHWAY NO, I, SAID EAST RIGHT-of-WAY UNE BEING A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1832.08 FEEl, A CENTRAl ANGlE OF OSo 51'25' A CHORD DiSTANCE OF 187.20 FEET, AND A CHORD BEARING OF NORTH 17" 45'35· WEST; ~ENCE NORTHERLY AlONG THE ARC OF SAID CURVE AND SAID EAST RIGHT-of-WAY UNE, AN ARC DISTANCE OF 187.28 FEET TO THE WESTERlY END OF A JOG IN SAID EAST RIGHT-of-WAY lINE: THENCE NORTH 75° 10'07" EAST, A DISTANCE OF 12.00 FEET TO THE fASIERlY END OF SAID JOG, SAID EASTERlY END OF SAID JOG BEING A POINT OF CURVAJURE OF A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 1820.08 FEEl, A CENTRAl ANGlE OF 13' 55'17·, A CHORD DiSTANCE OF 441.15 FEET AND A CHORD BEARING OF NORTH 07" 52'14· WEST: THENCE NORTHERlY AlONG THE ARC OF SAID CURVE AND SAID EAST RIGHT-of-WAY UNE, AN ARC DiSTANCE OF 442.23 FEEl, TO A POINT OF INTERSECTION WITH A NON-RADIAI. UNE, A RADIAl. TO SAID POINf BEARS SOUTH 89" 05'24· WEST; THENCE SOUTH 89" 52'00" EAST, PARAU.B. WITH THE NORTH lINE OF SECTION 22. A DISTANCE OF 263.42 FEEl; THENCE NORTH 00" 05'33· EAST, PARAUB. WITH THE fASIERlY RIGHT-of-WAY UNE OF SAID tIS HIGHWAY NO. I, A DISTANCE OF 330.00 FEET, TO A POINT 0N-IIt soutH UNE OF THE NORTH 120.00 FEEl OF 1HE WEST HAlf OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22; THENCE SOUIH 89" 52'00" EAST, ALONG THE SOUTH UNE OF THE NORTH 120.00 FEET OF THE WEST HAlf OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 364.71 FEEl, TO A POINT ON THE EAST UNE OF THE WEST 60.00 FEET OF THE EAST HAlf OF lHE NORTHWEST QUARJER OF THE NOImŒAST CIUARIER OF SAID SECTION 22; THENCE SOUIH 00" 10'54· WEST, AlONG THE EAST UNE OF THE WEST 60.00 FEEl OF THE EAST HAlf OF 1HE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 700.00 FEET; THENCE SOUIH 44· 52'00" EAST, A DISTANCE OF 484.74 FEET TO THE SOUIH lINE OF THE NORTH 1162.76 FEET OF SAID SECTION 22; THENCE SOUIH 89" 52'00· EAST, ALONG SAID SOUIH lINE, A DiSTANCE OF 27B.00 FEET: THENCE SOUIH 00" 08'00" WEST, A DISTANCE OF 117.00 FEET; THENCE SOUIH 89" 52'00" EAST, A DISTANCE OF 270.00 FEEl: THENCE NOinH 00" 08'00" EAST, A DISTANCE OF 117.00 FEET; THENCE SOUIH 89" 52'00' EAST, AlONG SAID SOUIH UNE, A DISTANCE OF 1026.93 FEET TO THE EAST UNE OF SAID SECßON 22, REI1JRNING TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 77.80 ACRES, MORE OR lESS. (Tax I.D. Nos. 3422-121-0002.( ()( (1 and 3422-120-0000-000/4). (location: East side of South U.S. HIghway No.1. approJdmaIeIy 500 teet South of the entrance to the VIsta st. lucie CondomInIums) PUBUC HEARINGS will be held In the County Commission Chambers, 3rd tloor ot the Roger Poitras Administration Annex Building, 2300 Virginia Avenue. Fort Pierce, Florida on September 7, 1999, beginning at 7:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 2B6.01 05, Florida Statutes, II a person decides to appeal any decision made by a board, agency. or commission with respect to any malter considered at a meeting or hearing, he will need a record ot the proceedings, and that, tor such purposes, he may need to ensure that a verbatim record ot the proceedings Is made, which record Includes the testimony and evidence upon which the appeal Is to be based. BOARD OF COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA IS! PAULA A. LEWIS, CHAIRMAN Publish: August 26, 1999 -.- . b ,/~ L<..~,-<- - ¡F~~~';~~~~=~~T 0\ _ '0 ¡ o~l ~~~;. 'I I', t- It') 00't-11t')1~· ..J !, :-. O\''''=t O\¡O\ oJ", O\,:;;tì'Wl" , 'N N'('<)I"'i't:¡i' ...,.1...,. «>'...,. !'-J:: ~¡:1:t~('<)~('<)'('<)1«> 1,1UI"'¡I...¡¡...¡!...¡I"'¡:...¡I._L..-1I...¡ !i (;51~: ~'~!~I ~I~I~: ~!~ 0\ ¡ ···ftLLL o:-! ! '! i ,~::r::~ bJ)1¡ ,_ _I I~ ,_ U,_ = I....'....'~ ~ ¡:::,~¡U'<,U <¡ 1~,~¡'~i~It;,~i31~;3 -0' I~ ~ W,wl:J w .... ....i 11I1!1I1 ¡;;:;i¡:;:¡IO'¡::¡IE-''':8I!-< 10'~'~'~1:J ~,~ ...¡!~ 1 ð11~, ¡~I~ <I~'I~ ~,~ , ... ~I 'Io'o!-< 0 0 10 I U >,~ ~I~ ~¡¡;¡:;I_~:~ ~ ,>-~ ¡-----+--~~-- j~... ~- .,,^ : 18:'; ! ;N! ¡, , I~'I! i I I~I :: ! t~) [S;¡ I , )tl::¡ I ! I~! ¡~, ! ¡e=¡ 10 '.' 1.;>1 :,.,i.. , ¡UI~,.,!-< ¡ '~I ¡~j , !f--¡: '-.. 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CII rÆ ~ ~ ~ ~'~ 0':810 ill ë ~ 'I ~ ~:I:@ £1< ~¡1lJ a'~I§ , e == ' Z 1I1,1I1 II1 U ~ :8 ~'~ ~ ,I 0 ~ ,-- 0,1_ ""'''''IN'''' _:'...,.100 ¡ u _ 1... 010 0 Õ Õ 0 0 o¡è; ¡~ 0 ! GJ o¡o 0 Q S2 O¡C> 010 ! 0'" ,Q 91,99:'1' '1'.9'9'919 'I.... t.: e õ ° g!£ ='~I= £ ;q ¡i 5;:s' j = °18 gig olglolglg ! e bJ) ,Z ~IN M'~' ~ NI~ N ~ 11:: = I ~ ""'1- ('<)!N -1('<) ('<),('<) N ¡-~ = ~ '7J~ ~~~ ....!~ ~ f(!f( :~ Q. .; i Þ< ~¡Ñ Ñ~Ñ Ñ Ñ1Ñ:Ñ Ñ lã)~,,=uË~~J~_~J~ ~ ~¡~ - - ."w1/Î -- - '"" AGENDA REQUEST ...., ITEM NO. 5D DATE: September 7, 1999 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [ ] Quasi-JD. [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBJECT: Consider Draft Resolution 99-187 approving the petition of Charles A. White (a/k/a Trans-Global Equities, Ltd.) for a Change in Zoning from RM- 5, CO, and CG to PUD and for Preliminary and Final Planned Development Site Plan Approval for the Planned Unit Development to be known as - Pine summi t PUD SUBMITTED BY: Community Development BACKGROUND: Trans-Global Equities, Ltd., through their representative Charles A. White, is seeking approval for a change in zoning from RM-5 (Residential Multiple Family - 5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development) for property on the east side of South US #1, generally bounded on the south by Prima Vista Boulevard and on the north by Rio Mar Drive. This proj ect wi 11 be known as Pine Summi t a Planned Unit Development. The Pine Summit project is proposed to consist of 174 single family dwelling units and 42 duplex units, for a total of 216 dwelling units. The pine summit PUD is proposed to be an age restricted community. According to the submitted development documents, this project does not permit anyone under the age of 21 to reside permanently in this project. The homes within this development will be of conventional construction. The project will be platted and the individual lots sold through Fee Simple Ownership The current application is for both Preliminary and Final Planned Unit Development approval. If this petition for Planned Unit Development is approved, the zoning designation on the entire petitioned property would be changed from from RM-5 (Residential Multiple Family - 5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development - pine Summit). This change in zoning would be consistent with the County's Comprehensive Plans Future Land Use Designation. At the June 17, 1999, public hearing on this matter, the Planning and Zoning Commission recommended approval of this petition by a vote of 6 to o , with three members.absent.. FUNDS AVAILABLE: N/A. PREVIOUS ACTION: None. RECOMMENDATION: Staff recommends approval of Draft Resolution 99-187. COMMISSION ACTION: [ ] APPROVED [ DENIED [X] OTHER: Continue to 10/19/99 - Coordination/Siqnatures County Attorney: Mgt & Budget: Purchasing: originating Dept: Other: Other: Finance (copies only) : (AGEND471) -- ,. '-" """" ¡j COUNTY COMMISSION REVIEW: September 7, 1999 Resolution 99-187 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: September 2, 1999 Subject: Consider Draft Resolution 99-187 approving the petition of Charles A. White (a/kIa Trans-Global Equities, Ltd.) for a Change in Zoning from RM-5, CO, and CG to PUD and for Preliminary and Final Planned Development Site Plan Approval for the Planned Unit Development to be known as - Pine Summit PUD LOCATION: East side of south US #1, generally bounded on the south by Prima Vista Boulevard and on the north by Rio Mar Drive. EXISTING ZONING: RM-5 (Residential,· Multiple Parñify-5· du/ac), CG (Commercial General) and Co (Commercial Office) LAND USE DESIGNATION: RU (Residential Urban) - See Comments PARCEL SIZE: Total Site Area: 77.80 Acres PROPOSED USE: 216 Unit residential development 174 single family dwelling units and 42 duplex units PROJECT DENSITY: 2.77 Units per acre SURROUNDING ZONING: RM -9 (Residential, Multiple Family - 9 du/ac) to the north; RM -5 (Residential, Multiple Family - 5 du/ac) to the east, CG (Commercial General) and CO (Commercial Office) to the west. SURROUNDING LAND USE: To the north is the Vista St. Lucie condominium; to the east is vacant property; to the west is existing commercial development along the US #1 frontage. FIRE/EMS PROTECTION: Station Number 5, Prima Vista Boulevard, is located approximately 3 miles away. UTILITY SERVICE: Water and Sewer services to be provided by City of Port St. , ,. '- ....., September 2, 1999 Page 2 Subject: Pine Summit PUD Lucie. TRANSPORTATION IMPACTS: Right of Way Adequacy: See Standards of Review/Comments. Scheduled Area Improvements: See Standards of Review/Comments. TYPE of CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ******************************** This petition is for a combination of change in Zoning and Site Plan Approval. As such, it is required to satisfy both the standards of review found in Section 11.02.07 and Section 11.06.03 of the County's Land Development Code STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing the application of a proposed amendment to the text of this Code or an application for a proposed amendment to the Official Zoning Atlas, the Board of County Commissioners and the Planning and Zoning Commission shall consider: A. Whether the proposed amendment is in conflict with any applicable portions of this Code. The proposed change in zoning has been determined not to be in conflict with any applicable provision of the County's Land Development Code. As noted in the comments below, the proposed site development plan that accompanies this request for change in zoning to Planned Unit development has been determined to meet minimum standards of the Land Development Code, if subject to the special conditions cited below. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. The proposed change in zoning for the Pine Summit PUD is consistent with the general purpose, goals, objectives, and standards of this Code, the S1. Lucie County Comprehensive Plan, and the Code and Compiled Laws of S1. Lucie County. This polices include, but are not limited to: Policy 1.1.1.1 of the S1. Lucie County Comprehensive Plan establishes a maximum density for the RU (Residential Urban) Land Use category as 5 dwelling units per acre. This proposed project is to be developed at a density of 2.7 dwelling units per acre. Therefore, · , '-' ....., September 2, 1999 Page 3 Subject: Pine Summit PUD the proposed project is consistent with this policy. Policy 1.1.5.10 of the St. Lucie County Comprehensive Plan states "...construction of new residential development at densities greater than two (2) units per acre shall only be permitted when central or on-site wastewater systems are available or will be provided concurrent with the impacts of development, consistent with the adopted levels of service found in the plan." The applicant has provided a letter of service availability from the City of Port St. Lucie Utilities System Department which indicates sufficient capacity is available to support the proposed project. The proposed project is consistent with this policy. Policy 1.1.9.4 of the St. Lucie County Comprehensive Plan states "...the land development regulations shall provide that existing on-site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping or as a part of minimum yard areas so that as much of the identified habitat as is practicable is maintained." The land use break down for the Pine Summit PUD project is as follows: land Use Acres % of Site road right-of-way 16.16 20.77% buildings, driveways, etc. 26.23 33.71% wetland areas 25.49 32.76% wetland buffers 5.23 6.72% common open space 2.69 3.46% recreation tract 2.00 2.57% totals 77.80 100.00% As shown in the above table approximately 50% of the project site has been reserved as Open Space or preservation. C. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses. The proposed change in zoning to Planned Unit Development is not inconsistent with the surrounding residential and commercial uses. The proposed development of this property as a single family detached residential community is consistent with the existing development and expected development in this area. D. Whether there have been changed conditions that require an amendment. Roadway capacities, south of Rio Mar Drive have increased with the recent widening of South US #1 to six (6) lanes. Water and sewer services have been brought to area as a result of other area developments. E. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment 1 '-" ....., September 2, 1999 Page 4 Subject: Pine Summit PUD would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit and emergency medical facilities; This requested changes in zoning is not expected to create additional demands on the existing community services in this area that will not be addressed by the requirements of this development. Water and sewer services will be provided by Port St. Lucie Utilities. Roadway capacities are generally sufficient to meet the demands of this project, however as noted in the comments below, there are certain operational considerations that have to be addressed for this project to proceed. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. The proposed change in zoning to Planned Unit Development for the residential project be known as Pine Summit is not anticipated to have any substantial negative effects on the existing environment on this site. As part of the site plan review process for this Planned Unit Development, the developer has submitted an environmental impact assessment report that addresses this projects impacts on both existing native habitat and wildlife on the project site. Prior to the initiation of any physical development activities on this property, the developer is required to obtain all necessary agency permits from the South Florida Water Management District, Army Corp. Of Engineers and Florida Department of Environment Protection. As noted in the special conditions below, the developer of this project are required to remove all existing exotic vegetation from this site as part of pre- development construction activities. G. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. The proposed change in zoning has been determined to represent an orderly and logical pattern of development for this area. The proposed site plan minimizes impacts on the sites internal wetlands and provides for the protection of a portion of the remaining native habitat on the site. H. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Code. The proposed change in zoning has been determined not to be in conflict with the public interest. STANDARDS FOR PLANNED UNIT DEVELOPMENTI SITE PLAN REVIEW In addition to the minimum standards of review and project development set out in Section 7.01.00, Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum j '-' ....., September 2, 1999 Page 5 Subject: Pine Summit PUD Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Planned Development approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN: The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the Sf. Lucie County Comprehensive Plan, and the Code and Compiled Laws of Sf. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of Sf. Lucie County. The proposed Pine Summit PUD is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. This polices include, but are not limited to: Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes a maximum density for the RU (Residential Urban) Land Use category as 5 dwelling units per acre. This proposed project is to be developed at a density of 2.7 dwelling units per acre. Therefore, the proposed project is consistent with this policy. Policy 1.1.5.10 of the St. Lucie County Comprehensive Plan states .....construction of new residential development at densities greater than two (2) units per acre shall only be permitted when central or on-site wastewater s}'stems are available or will be provided concurrent with the impacts of development, consistent with the adopted levels_ of service found in the plan." The applicant has provided a letter of service availability from the City of Port St. Lucie Utilities System Department which indicates sufficient capacity is available to support the proposed project. The proposed project is consistent with this policy. . .' - Policy 1.1.9.4 ofthe St. Lucie County Comprehensive Plan states .....the land development regulations shall provide that existing on-site native upland habitat be incorporated into required site plans as a part of open space areas, required landscaping or as a part of minimum yard areas so that as much of the identified habitat as is practicable is maintained." The land use break down for the Pine Summit - PUD project is as follows: Land Use Acres % of Site road right-of-way 16.16 20.77% buildings, driveways, etc. 26.23 33.71% wetland areas 25.49 32.76% wetland buffers 5.23 6.72% common open space 2.69 3.46% recreation tract 2.00 2.57% totals 77.80 100.00% .., '-' ."-,,, September 2, 1999 Page 6 Subject: Pine Summit PUD As shown in the above table approximately 50% of the project site has been reserved as Open Space preservation. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed Pine Summit PUD has been determined not to have an undue or adverse effect upon nearby properties, if subject to the conditions outlined in the comments below: 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The developer has designed this project in a manner that reflects he preservation of approximately 50% of the existing habitat found on the site. This site has been deemed to meet applicable County protection standards for site plan review, if subject to the conditions described in the comments below. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. The property to the north is the already developed Vista St. Lucie Condominium. To the east are vacanU undeveloped parcels. To the west is an area of mixed commercial uses. This residential development density of this project is 2.7 du/ac. By comparison, the Vista St. Lucie Condominium has been developed at a density of nine (9) units to the acre. C. ADEQUACY OF PUBLIC FACILITIES: The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The developers of the Pine Summit PUD have submitted a traffic impact report assessing the impacts of this project. Except as noted in the comments below, this development is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. j '-' "wII September 2, 1999 Page 7 Subject: Pine Summit PUD The applicant has submitted a letter of intent from the City of Port St. Lucie Utilities System Department, which indicates that sufficient capacity for both water and sewer is available to support the proposed 216-unit residential complex. D. ADEQUACY OF FIRE PROTECTION: The applicant has obtained from the 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 - Fort Pierce Bureau of Fire Prevention written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES: The proposed building or use will be served by adequate school facilities. The Pine Summit PUD will be served by adequate school facilities. The Pine Summit PUD is proposed to be an age restricted community. According to the submitted development documents, this project does not permit anyòne unaer The age of 21 to reside-permanentty in this project. F. ENVIRONMENTAL IMPACT: For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). As required under Section 11.02.1 0(A)(3)(r) ofthe St. Lucie County Development Code, the developers of this project have submitted an environmental impact assessment. This assessment has reviewed the site for the presence of any threatened or endangered animals or plants. In addition this assessment has reviewed the biotic conditions of the property through a review of the various habitat communities. Using the Florida Land Use Cover and Forms Classification System, this site has been determined to have the following habitat communities: FLUCFCS Designation Approximate Acreage Pine Flatwoods 50.20 j '-' -.."",I September 2, 1999 Page 8 Subject: Pine Summit PUD FLUCFCS Designation Approximate Acreage Brazilian Pepper 0.02 Australian Pine 0.89 Melleleuca 5.48 Wetland Forested Mixed 10.00 Freshwater Mash 11.21 This petition for Planned Unit Development was submitted to the County for review prior to the effective date of the recently enacted amendments to the County's Planned Unit Development Regulations effecting the issue of "common open space". This project has been reviewed, and certified under the previous code requirements regarding open space computations. Under the County's previous PUD Open Space regulations, a minimum of 35% of the projects overall area was to be set aside as Open Space. Open Space at that time included uses such as parks, recreation areas, marinas swimming beaches, common landscaping and planting areas in addition to areas of natural preserve, flood plains and stormwater retention facilities. The current petition for change in zoning totals approximately 78 acres. The following table provides a generalized land use break down for this project: Land Use Acres % of Site road right-of-way 16.16 20.77% buildings, driveways, etc. 26.23 33.71% wetland areas 25.49 32.76% wetland buffers 5.23 6.72% common open space 2.69 3.46% recreation tract 2.00 2.57% totals 77.80 100.00% The submitted environmental assessment report has also reviewed the site for the presence of any threatened or endangered animals. Based on these surveys, one abandoned gopher tortoise burrow has been observed in the vicinity of Lots 7 an 8 of the proposed Block "F". Based on the submitted site plans it appears that the developers is proposing to eliminate the abandoned gopher tortoise nest as part of the development of this project. '-' '-' September 2, 1999 Page 9 Subject: Pine Summit PUD In addition to the gopher tortoise burrow cited above, it has observed that a sandhill crane nest has been observed in approximately the middle of the wetlands identified as "Wetland B". Consistent with the recommendations of the submitted environmental impact assessment, staff recommends that any final approval order for this project include the following special condition: * Prior to the issuance of any building permits or site construction authorizations, including land clearing, the developer shall have obtained from the US Fish and Wildlife Service and the Florida Game and Freshwater Fish Commission the appropriate permits for the relocation/elimination of the abandoned gopher tortoise burrow and for the protection of the observed sandhill crane nesting habitat. No building permits, including site alteration and land clearing permits can be issued until copies of the appropriate agency permits or release by the appropriate agency from any requirement for a permit have been submitted to St. Lucie County. COMMENTS: The petitioner, Trans-Global Equities, Ltd., through their representative Charles A. White, is seeking approval for a change in zoning from RM-5 (Residential Multiple Family - 5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development) for property on the east side of South US #1, generally bounãed on the south by Prima Vista Boulevard and on the north by Rio Mar Drive. This project will be known as Pine Summit a Planned Unit Development. The Pine Summit project is proposed to consist of 174 single family dwelling units and 42 duplex units, for a total of 216 dwelling units. The duplex units will be located in the northern 1/4 of this project with the single family units located on the remainder of the project site, just east of the large wetland area along the projects western ptope-rty-line. - The Pine Summit PUD is proposed to be an age restricted community. According to the submitted development documents, this project does not permit anyone under the age of 21 to reside permanently in this project. The homes within this development will be of conventional construction. The project will be platted and the individual lots sold through Fee Simple Ownership The Pine Summit PUD property currently has three separate zoning designations on it, two of which are in conflict with the property's current Residential Land Use designation. This conflict between zoning and land use has existed since 1993 when the Board of County Commissioners approved a petition for change in Land Use for a portion of what is now the Pine Summit property from COM (Commercial) to RU (Residential Urban). At that same time, the property owners sought, and obtained, a Preliminary Planned Unit Development approval for a portion of the PINE SUMMIT property. The Preliminary Planned Unit Development approval, granted under Resolution 93-057, was for a 167 unit residential development. That projects preliminary approvals expired in 1996. Because Final Planned Unit Development approvals were not obtained, the zoning on this property was never changed from its 1993 designations. The current application is for both Preliminary and Final Planned Unit Development approval. If this petition for Planned Unit Development is approved, the zoning designation on the entire '-" '-' September 2, 1999 Page 10 Subject: Pine Summit PUD petitioned property would be changed from from RM-5 (Residential Multiple Family - 5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development - Pine Summit). This change in zoning would be consistent with the County's Comprehensive Plans Future Land Use Designation. As required under Section 11.02.10(A)(3)(r) of the St. Lucie County Development Code, the developers of this project have submitted an environmental impact assessment. This assessment has reviewed the site for the presence of any threatened or endangered animals or plants. In addition this assessment has reviewed the biotic conditions of the property through a review of the various habitat communities. Using the Florida Land Use Cover and Forms Classification System (FLUCFCS), this site has been determined to have the following habitat communities: FLUCFCS Designation Approxima te Acreage Pine Flatwoods 50.20 Brazilian Pepper 0.02 Australian Pine 0.89 Melleleuca 5.48 Wetland Forested Mixed .10.00 Freshwater Mash 11.21 Consistent with Policy 8.1.8.1. of the County's Comprehensive Plan, a recommended condition of approval for this project is: 1. Prior to the issuance of the first building permit for any residential unit or structure in this project, including models, the developer shall have completed an exotic removal program for all areas of the site where Brazilian Pepper, Australian Pine and Mellaluca trees have been observed as shown in the preliminary environmental assessment report prepared by R.L. Weight Environmental Consultants, Inc. for Charles A. White, Trans-global Equities, Inc. dated May 1999. This exotic removal program shall be done in conjunction with any land clearing activities associated with the installation of the onsite infrastructure improvements. In the event that additional areas of Brazilian Pepper, Australian Pine Mellaluca or other exotic trees are observed on this site, those exotic shall be removed as part of the site development process. This petition for Planned Unit Development was submitted to the County for review prior to the effective date of the recently enacted amendments to the County's Planned Unit Development Regulations effecting the issue of "common open space". This project has been reviewed, and certified under the previous code requirements regarding open space computations. Under the County's previous PUD Open Space regulations, a minimum of 35% of the projects - ~ ....",.¡ September 2, 1999 Page 11 Subject: Pine Summit PUD overall area was to be set aside as Open Space. Open Space at that time included uses such as parks, recreation areas, marinas swimming beaches, common landscaping and planting areas in addition to areas of natural preserve, flood plains and stormwater retention facilities. The current petition for change in zoning totals approximately 78 acres. The following table provides a generalized land use break down for this project. Land Use Acres % of Site road right-of-way 16.16 20.77% buildings, driveways, etc. 26.23 33.71% wetland areas 25.49 32.76% wetland buffers 5.23 6.72% common open space 2.69 3.46% recreation tract 2.00 2.57% totals 77.80 100.00% As noted, the developers of this project are not required to provide for the minimum open space standards for Planned Unit Development now in effect. However, as the above table shows the project does meet the current standard of 35% "common open space" through the preservation of the sites wetland areas alone. - - Current regulations require that 15% of the sites remaining upland habitat also be preserved. While this site is not required to meet this current standard, the upland habitat preserves that have been provided throughout the project, though combination of open space buffers associated with the wetlands and thought and expanded preservation area around the-area identified as "'Wetland C" totaling 7.53 acres, appear to meet this minimum 15% requirement. As noted the submitted environmental assessment report has also reviewed the site for the presence of any threatened or endangered animals. Based on these surveys, one abandoned gopher tortoise burrow has been observed in the vicinity of Lots 7 an 8 of the proposed Block "F". Based on the submitted site plans it appears that the developers is proposing to eliminate the abandoned gopher tortoise nest as part of the development of this project. In addition to the gopher tortoise burrow cited above, it has observed that a sandhill crane nest has been observed in approximately the middle of the wetlands identified as "Wetland B". Consistent with the recommendations of the submitted environmental impact assessment, staff recommends that any final approval order for this project include the following special condition: 2. Prior to the issuance of any building permits or site construction authorizations, including land clearing, the developer shall have obtained from the US Fish and Wildlife Service and the Florida Game and Freshwater Fish Commission the appropriate permits for the relocation/elimination of the abandoned gopher tortoise burrow and for the protection of the observed sandhill crane nesting habitat. No building permits, including site alteration and land clearing permits can be issued until copies of the appropriate agency permits or ... ~ "-" ....,¡ September 2, 1999 Page 12 Subject: Pine Summit PUD release by the appropriate agency from any requirement for a permit have been submitted to St. Lucie County. As required under Section 11.02.10(A)(3)(q) of the County's Land Development Code, the developers of this project have submitted a Traffic Impact Report assessing this projects impacts on the surrounding roadway network. As the site plan indicates, access to this project is via South US #1. A future access point onto Lennard Road is shown but cannot be used until Lennard Road is actually constructed. Overall, roadway capacities in this area appear to be within acceptable Level of Service (LOS) limits, except for that portion of South US #1 north of Rio Mar Drive. The recent widening of US #1 south of Rio Mar Drive to six (6) lanes has resulted in an increased carrying capacity for this roadway. US #1 north of Rio Mar Drive is not yet programmed for construction, however the Florida Department of Transportation is in the process of right-of-way acquisition. Construction is not expected to begin for at least six years. Recent traffic count data indicates that approximately 39,000 VPD (vehicles per day) may be expected along the portion of South US #1 adjacent to this projects driveway connection. This volume is approximately 3,000 vehicle per day in excess of the maximum LOS D capacity of this roadway. Under the County's Concurrency Management Policy, the Board may approve additional trip impacts onto this segment of the County's road network, provide however, that the impacts from this property do not exceed 1% of the LOS D threshold rate. In this case this, the1% allowance equates to approximately 360 trips. Based on the information presented in this traffic impact report, this project will be generating approximately 2,000 vehicle trips per day. All of those trips, under the current site plan, will be ac-cessing South US #1. Of the 2,000 total trips generated by this development, 80% are expected to be trips with a southerly destination or point of origin. Acknowledging that a portion of the southerly directed trips using this entrance will terminate their trip end in this development, we believe that it is reasonable to assume that approximately 1,000 trips per day will be making U- turns at the intersection of Lake Vista Trail and South US #1 in order to access their southerly destination. It should be noted that Lake Vista Trail is not a public roadway. Lake Vista Trail is considered to be private driveway that services the Vista St. Lucie development site. This "road" was not built to standard roadway specifications. The intersection of Lake Vista Trail and South US #1 is currently unsignalized. This intersection has been reviewed several times in the past few years for signalization purposes and signalization warrants have been not been met. The addition of approximately 1,000 vehicles per day making a "U-Turn" at this intersection will not by itself warrant signalization. At the present time, County staff is not aware of any conditions that would meet minimum traffic warrants for this signalization of this intersection. The issue of the function of this intersection was discussed at the Planning and Zoning Commission meeting on this petition on June 17,1999. Following that meeting, the petitioners traffic engineers were asked to review the operation of this intersection and determine if their planned traffic movements could be accommodated. In response, the developers representatives have submitted a revised plan that would call for the extension of the existing portion of Lennard Road from Savannah Ridge Elementary School, south to the planned project entrance onto Lennard Road. - - '-' 'wtI September 2, 1999 Page 13 Subject: Pine Summit PUD This extension would be done in phases concurrent with project development. This extension would effectively provide for an alternative way in and out of this site that would direct traffic north to Kitterman Road, allowing turning movements at the signalized intersection of Kitterman Road and South US #1. County Staff has reviewed the submitted proposal and agrees that this alternative circulation pattern is the most efficient, safe and effective way of dealing with this developments impacts. We do not believe that traffic safety can be met at the intersection of Lake Vista Trail and South US #1 with the introduction of approximately 1,000 new trips per day making U-turns at this intersection. However, since the developer's representatives have submitted the proposal for the extension of Lennard road, County staff has been contacted by the developer (September 1, 1999) that they would prefer not to have this requirement placed on them because the right-of-way for this section of Lennard Road, south of Savanna Ridge Elementary, has not yet been acquired. The right-of- way for this section of Lennard Road is not on their property. It is their position the they are not the ones who can acquire this right-of-way. To impose such a restriction on them would, in their opinion, be an unnecessary burden and hardship. Accordingly, staff has no alternative but to recommend that the Board consider the following condition in any final approval actions/orders for this project: 3. No more that 50, single family units (475 trips per day/9.57 trips per day) be permitted for construction until one of the following conditions has been met. a. The construction/expansion of South US #1 between Rio Mar Drive and Midway Road from four (4) lanes to six (6) lanes moves into the third year of the Adopted FOOT Work Program; or, b. Lennard Road is extended from its current terminus at Savannah Ridge- Elementary School to the east project entrance. Alternatively, should Lennard Road be constructed from Prima Vista Boulevard northward towards this east project entrance, the requirements of this condition can be determined to be satisfied. or, c. The intersection of Lake Vista Trail and South US #1 is signalized. At the developers discretion, substitution of a duplex unit for a single family dwelling may be done, provided however that the total trip generation rate of this project does not exceed 475 trips per day until one of the above items is addressed. The trip generation rate for a duplex is 5.85 trips per day, per residential unit. (One duplex = 5.85 x 2 = 11.7 trips per day.) It should be noted that the original traffic report submitted for this project, dated December1992, revised through April 1999, assumed that this project would have to access Lennard Road for capacity purposes. In May, the developers representatives submitted a revised traffic statement indicating that with the recent completion of the widening South US #1 south of Rio Mar Drive, it appears that from a capacity stand point that this project can be accommodated on the areas road network with little negative impacts. However, from a traffic operations standpoint, County staff is still concerned as to how well the adjacent road system can accommodate these added trips, '-' ......, September 2, 1999 Page 14 Subject: Pine Summit PUD particularly when so many of them are required to make the U-Turn movement at the unsignalized intersection of Lake Vista Trail and South US #1. It is for this reason, consistent with the requirements of Section 7.01.03(E) of the County's Land Development Code, that the above cited condition is recommended for inclusion in any Final Development Order for this project. Finally, at the planning and zoning commission meeting of June 17,1999, there was a discussion about the perimeter buffering between this residential development and the Vista St. Lucie residential development. Noting the recommendation of the Planning and Zoning Commission, staff recommends that the following condition be included in any final approval order for this project. 4. As part of the construction of the primary infrastructure for this project (roads, drainage and utility system) the developer shall construct a six (6) foot high opaque fence or wall along the northerly property line between this site and the Vista St. Lucie development site. This opaque fence or wall shall be located so as to provide for an effective visual screen between the two developments. 5. A minimum 15 foot wide buffer strip of native vegetation, including understory, shall be provided along the northerly property line between this development site and the adjoining Vista St. Lucie development site. Clearing of this buffer area may only be conducted by the individual lot owner/purchaser following the completion of the construction of any residential unit. In addition to the above specific conditions, staff recommends the following additional general project conditions be included in any final development order for this project. 6. Sidewalks, consistent with the requirements of Section 7.01.03(e)(1) and Section 7.05.02(a)(2) of the Land Development Code, shall be provided throughout this development. In the event that there are segments of internal roadway that do not have residential lots adjoining them, sidewalks shall be constructed to complete the connection of the residential blocks. Sidewalk construction shall be required as part of the initial site development work. 7. The indicated connection of Bristle Cone Drive to Lennard Road shall be constructed and opened to the use of the residents of this development upon the completion of the adjoining portion of Lennard Road. 8. Security gates may not be installed on any of the access drives in the development unless it is demonstrated through the PUD Minor Adjustment process that the requirements of Section 7. 10. 15 of the St. Lucie County Land Development Code have been complied with. 9. The parcel identified as Future Commercial Out Parcel, is specifically not included as part of the Planned Unit Development approval. 10. Any and all required off-site wetland mitigation shall be provided for in St. Lucie County. 11. All recreation facility development shall be done in accordance with the requirements of Section 7.01.03(K)(2)(a) of the St. Lucie County Land Development Code. '" "-' , ..", September 2, 1999 Page 15 Subject: Pine Summit PUD 12. Prior to the issuance of any building permits for any residential structure in this development, the developer shall convey to St. Lucie County, free and clear of any líens or incumbence, the portion of the project site labeled as open space that is located in the planned right-of- way for Prima Vista Boulevard. At the June 17, 1999, public hearing on this matter, the Planning and Zoning Commission recommended approval of this petition by a vote of 6 to 0, with three members absent. Attached is a copy of Draft Resolution 99-187, which if approved would grant the petition of Charles A. White (alkfa Trans-Global Equities, Ltd.) for a change in zoning from RM-5, CO, and CG to PUD and for Preliminary and Final Planned Development Site Plan approval for the Planned Unit Development to be known as - Pine Summit PUD Staff recommends approval of Draft Resolution 99-187. If you have any questions, please let us know. JS/DJM PINESMT5(71a) cc: County Administrator Asst. County Administrator County Attomey Public Works Director County Engineer Fire Marshal Charles White James P. Terpening File 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2.6 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ;¡, v , .".,. RESOLUTION NO. 99-187 A RESOLUTION GRANTING A CHANGE IN ZONING FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA AND FOR PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR A PROJECT KNOWN AS PINE SUMMIT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CHANGE IN ZONING 1. Charles A. White (a/k/a Trans-Global Equities, Ltd.), presented a petition, for a change in zoning from RM-5 (Residential, Multiple Family-5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development) for certain property in St. Lucie County, Florida, the purpose of which is to receive Final Planned Unit Development approval for a 216 unit residential devë10pment to be known as PINE SUMMIT. 2. On June 17, 1999, the St. Lucie County Planning and Zoning Commisšion held a public hearing, of which due public notice was published in the Ft. Pierce News Tribune and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that the requested change in zoning from RM-5 (Residential, Multiple Family-5 du/ac) , CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development) be granted. 3. On September 7, 1999, this Board held a public hearing on the petition of Charles A. White (a/k/a Trans-Global Equities, Ltd.), after publishing a notice of such hearing in The Tribune and the Port St. Lucie News and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed zoning change is consistent with the St. Lucie County Comprehensive Plan and has satisfied the Resolution 99-187 Page 1 September 2, 1999 draft #1 - - ~ ... - - .Jt v , ..." 1 requirements of Section 11.06.03 of the St. Lucie County 2 Land Development Code. 3 4 SITE PLAN 5 6 5. On June 17, 1999, the St. Lucie County Planning and 7 Zoning Commission held a public hearing, of which due 8 public notice was published in the Ft. Pierce News 9 Tribune and mailed to all property owners within 500 10 feet at least 10 days prior to the hearing, and 11 recommended to this Board that the requested Preliminary 12 approval for Pine Summit a Planned Unit Development, be 13 granted. 14 15 6. On September 7,1999, this Board held a public hearing on 16 the petition of Charles A. White (a/k/a Trans-Global 17 Equities, Ltd.), for Preliminary and Final Planned Unit 18 Development approval for Pine Summit a Planned Unit 19 Development, after publishing a notice of such hearing in 20 the Tribune and Port St. Lucie News and notifying by mail 21 all owners of property within 500 .feet of the subject 22 property. 23 24 7. The petitioner, Charles A. White (a/k/a Trans-Global 25 Equities, Ltd.), is proposing. to construct a 216 unit 26 residential development to <be known as Pine Summit. 27 28 8. The Development Review Committee has reviewed the Final 29 Planned Unit Development site plan for the proposed 30 project and found it to meet all technical requirements 31 and to be consistent with the future land use maps of the 32 St. Lucie County Comprehensive Plan, subject to the 33 conditions set forth in Part of this Resolution. 34 35 9. The Development Review Committee has reviewed the 36 Preliminary and Final Planned Unit Development site plan 37 for the proposed project and found it to be consistent 38 wi th the requirements of the St. Lucie County Land 39 Development Code, subject to the conditions set forth in 40 Part of this Resolution. 41 42 10. The proposed project is consistent with the general 43 purpose, goals, objectives, and standards of the St. September 2, 1999 draft #1 Resolution 99-187 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 - - -. ... - - - .It ~ ......i Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 11. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public heal th, safety and general welfare. 12. All reasonable steps have been taken adverse effect of the proposed project vicinity through building design, landscaping, and screening. to minimi ze any on the immediate site design, 13. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 14. The proposed project will be served by adequate public facilities and services. 15. The applicant has - demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 16. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on September 7, 1999. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: CHANGE IN ZONING A. The property on which the change in zoning from RM-5 (Residential, Multiple Family-5 du/ac), CG (Commercial General) and CO (Commercial Office) to PUD (Planned Unit Development) is being granted is described as follows: September 2, 1999 draft #1 Resolution 99-187 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 48 ... '-' ...., Insert legal B. A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. SITE PLAN C. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Preliminary and Final for the proj ect known as Pine Summi t be, and the same is hereby, approved as shown on the site plan drawings for the proj ect prepared by Culpepper & Terpening, inc, dated , and date stamped received by the St. Lucie County Community Development Director on 1999, subject to the following special conditions: 1. Prior to the issuance of the first building permit for any residential uni t or structure in this project, including models, the developer shall have completed an exotic removal program for all areas of the si te where Brazilian Pepper, Australian Pine and Mellaluca trees have been observed as shown in the preliminary environmental assessment report prepared by R.L. Weight Environmental Consultants, Inc. for Charles A. White, Trans-global Equities, Inc. dated May 1999. This exotic removal program shall be done in conjunction with any land clearing activitíes associated wi th the installation of the onsi te. infras tructure improvemen ts . In the even t tha t additional areas of Brazilian Pepper, Australian pine Mellaluca or other exotic trees are observed on this site, those exotic shall be removed as part of the site development process. 2. Prior to the issuance of any building permi ts or si te construction authorizations, including land clearing, the developer shall have obtained from the US Fish and wildlife Service and the Florida Game and Freshwater Fish Commission the appropriate permits for the relocation/elimination of the abandoned gopher tortoise burrow and for the protection of the observed sandhill crane nesting habitat. No building permits, including site alteration and land clearing permits can be issued until copies of the appropriate agency permits or release by the appropriate agency from any requirement for a permit have been submitted to St. Lucie County. 3. No more that 50, single family units (475 trips per day/9.57 September 2, 1999 draft #1 Resolution 99-187 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 '-' ....,¡ trips per day) be permitted for construction until one of the following condi tions has been met. a. The construction/expansion of South US #1 between Rio Mar Drive and Midway Road from four (4) lanes to six (6) lanes moves into the third year of the Adopted FDOT Work Program; or, b. Lennard Road is extended from its current terminus at Savannah Ridge Elementary School to the east project entrance. Alternatively, should Lennard Road be constructed from Prima Vista Boulevard northward towards this east project entrance, the requirements of this condition can be determined to be satisfied. or, c. The intersection of Lake Vista Trail and South US #1 is signalized. At the developers discretion, substitution of a duplex unit for a single family dwelling may be done, provided however that the total trip generation rate of this project does not exceed 475 trips per day until one of the above items is addressed. The trip generation rate for a duplex is 5.85 trips per day, per residential unit. (One duplex = 5.85 x 2 = 11. 7 trips per day.) 4. As part of the cC?nstruction of the primary infrastructure for this project - (roads, drainage and utility system) the developer shall construct a six (6) foot;. high opaque fence or wall along the northerly property line between this site and the Vista St. Lucie development site. This opaque fencg or wall shall be located so as to provide for an effective visual screen between the.~wo_Qevelopments. _ 5. A minimum 15 foot wide buffer strip of native vegetation, including understory, shall be provided along the northerly property line between this development site and the adjoining Vista St. Lucie development site. Clearing of this buffer area may only be conducted by the individual lot owner/purchaser following the completion of the construction of any residen tial uni t. 6. Sidewalks, consistent wi th the requirements of Section 7.01.03(e) (1) and Section 7.05.02(a) (2) of the Land Development Code, shall be provided throughout this development. In the event that there are segments of internal roadway that do not have residential lots adjoining them, sidewalks shall be constructed to complete the connection of the residential blocks. Sidewalk construction shall be required as part of the initial site development work. 7. The indicated connection of Bristle Cone Drive to Lennard Road September 2, 1999 draft #1 Resolution 99-187 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 '-" '-II shall be constructed and opened to the use of the residents of this development upon the completion of the adjoining portion of Lennard Road. 8. Securi ty gates may not be installed on any of the access drives in the development unless it is demonstrated through the PUD Minor Adjustment process that the requirements of Section 7.10.15 of the St. Lucie County Land Development Code have been complied with. 9. The parcel identified as Future Commercial Out Parcel, is specifically not included as part of the Planned Unit Development approval. 10. Any and all required off-si te wetland mitigation shall be provided for in St. Lucie County. 11. All recreation facility development shall be done in accordance with the requirements of Section 7.01.03(K) (2) (a) of the St. Lucie County Land Development Code. 12. Prior to the issuance of any building permi ts for any residential structure in this development, the developer shall convey to St. Lucie County, free and clear of any liens or incumbence, the portion of the project site labeled as open space that is located in the planned right-of- way for Prima Vista Boulevard. D. The_property on which this site plan approval is being granted is described as follows: DESCRIPTION: insert legal E. A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. F. The approvals and authorizations granted by this Resolution for the purpose obtaining building permits on this property, shall expire on September 7, 2001, unless the developer has obtained a Final Plat approval for the site plan/subdivision described in Part C or an extension has been granted in accordance with Section 11.02.06(B) (3), St. Lucie County Land Development Code. Unless otherwise addressed through the projects final construction plans, all primary infrastructure work for this subdivision plat shall be completed no later than September 7, 2002. September 2, 1999 draft #1 Resolution 99-187 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 _26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-' .....,¡ G. The Final Planned Unit Development Site Plan/General Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, Charles A. White (a/k/a Trans-Global Equities, Ltd.), including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part D. H. The conditions set forth in Part C are an integral nonseverable part of the site plan approval granted by this resolution. If any condition set forth in Section C is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. I. A copy of this resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Developmen~ I?irector. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this 7th day of September, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN September 2, 1999 draft #1 Resolution 99-187 Page 7 - \wi \wi 1 2 ATTEST: APPROVED AS TO FORM AND 3 CORRECTNESS: 4 5 6 7 DEPUTY CLERK COUNTY ATTORNEY 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 99-187a(a71) 47 DJM September 2, 1999 Resolution 99-187 draft #1 Page 8 ~ ....,.J DECLARA TION OF COVENANTS AND RESTRICTIONS FOR PINE SUMMIT SUBDIVISION This Declaration of Covenants and Restrictions made this day of . 1998, by Trans-Global Equities, L.C., a Florida limited liability company, 7118 Beech Ridge Trail, Tallahassee, Florida, 32312, hereinafter referred to as "Declarant." ARTICLE I, PURPOSE Declarant, in order to provide for the preservation of the values, amenities, attractiveness and desirability of the real property to be known as "Pine Summit", as more fully described in Article II hereof, and in order to provide for the administration and maintenance of certain portions of said real property and for the enforcement of these covenants and restrictions, hereby declares that the real property described in Article II hereof shall be held, used, transferred, sold and conveyed subject to the covenants and restrictions set forth herein. ARTICLE II. DEFINITIONS A. "Association" means Pine Summit Homeowners Association, Inc., a Florida nonprofit corporation. B. "Board" means the Board of Directors of Pine Summit Homeowners Association, Inc. C. "Lot" means the respective parcel ofland in the Properties, other than the Common Area, as said parcels are more particularly described in Exhibit "B." D. "Bylaws" means the Bylaws of the Association. E. "Committee" means the Architectural Control Committee. F. "Common Area" means any land, easements or facilities which the Association owns and/or maintains, including specifically, but not limited to, the private Homeowners Recreational Facility more particularly described in Exhibit "C", the wetland areas and the upland/preserve areas as described in Exhibit "D", the common areas described in Exhibit "E", and the private roadway system described in Exhibit "F." G. "Declarant" means Trans-Global Equities, L.C., a Florida limited liability company, its successors and assigns. H. "Declaration" means this Declaration of Covenants and Restrictions as the same may be supplemented and amended from time to time. ... ~ '-' I. "Improvement" means all buildings, outbuildings, sheds, driveways, parking areas, fences, swimming pools, lights and utility poles and any other structure of any type or kind. Improvements to be placed on any lot require the approval of the Committee. 1. "Living Area" means those heated and/or air-conditioned areas which are completely finished as a living area, and shall not include garages, carports, porches, patios, or storage areas. K. "Member" means any member of the Pine Summit Homeowners Association, Inc. L. "Owner" means any person who owns fee simple title to any lot within the development, and shall not mean a mortgagee unless and until such mortgagee has acquired title through foreclosure or any proceedings in lieu of foreclosure. M. "Properties" shall mean and refer to the real property described in Article III hereof N. "Preservation and Conservation Easement" are those properties contained within the development that are subject to a preservation and/or conservation easement. These would include the wetland areas, upland buffers and mitigation areas as shown in Exhibit "G". ARTICLE III. PROPERTY SUBJECT TO DECLARATION The real property which is subject to this declaration is that certain real property located in St. Lucie County, Florida, and· more particularly described in Exhibit "A" attached hereto. ARTICLE IV, PINE SUMMIT HOMEOWNERS ASSOCIATION. INC. 'Section 1 General. Declarant has deemed it desirable for the efficient preservation of the values and amenities in Pine Summit to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and administering and enforcing the covenants and restrictions, and collecting and disbursing the assessments and charges hereinafter established, and for the purpose of promoting the common interest of the property owners in Pine Summit. Pursuant thereto, Declarant has caused to be incorporated under· the laws of the State of Florida, as a nonprofit corporation, PINE SUMMIT HOMEOWNERS ASSOCIATION, INe. for the purpose of exercising the aforesaid powers. The Association shall have such powers in the furtherance of its purposes as are set forth in its Articles ofIncorporation and Bylaws, and may include, but not be limited to, maintenance of the roads, common areas, easements, a security system, and pest control program, together with management of the homeowners facility. The Association may engage in any other activity or assume any '-' .....,¡ responsibilities that may be considered as promoting the common interest of Pine Summit residents. . - The Association shall operate and maintain at its cost, in neat and good order"and for the use and benefit of the owners of property in Pine Summit, all land owned by the Association. The Association shall be responsible for the perpetual maintenance of the Homeowners Association Recreational Facility, roads and common areas unless or until the appropriate governmental body of St. Lucie County accepts this responsibility from the Association. The Association shall further have the obligation and responsibility for the hiring of appropriate personnel and for the maintenance, management, repair, upkeep and replacement of the common areas. Section 2. Membership in the Association. Each record owner of a fee simple or undivided interest in any lot which is subject to this Declaration shall be a member of the. Association and shall abide by the Association's Articles, Bylaws, rules and regulations and this Declaration, and shall be liable for the payment of all assessments levied~ provided that a person or entity who holds such an interest merely as a security for the performance of an obligation shall not be a member. Section 3. membership: Voting Rights. The Association shall have two classes of voting Class A. Class A members shall be all those owners as defined in Section 2, with the exception of Declarant. Class A members shall be entitled to one vote for each lot owned. When more than one person holds such interest in any lot, all such persons shall collectively be entitled to one vote per lot, which vote shall be exercised by the consent of a majority of the owners of record of such lot. For the purpose of exercising voting rights, the owner of a lot which has a residential dwelling on it may designate the occupant to vote; provided said designation shall be made in writing and shall remain in effect until canceled in writing and delivered to the Association. Class B Class B membership shall be the Declarant. The Class B member shall be entitled to cast three votes for each lot in which he holds the interest required for membership by Section 2; provided that the Class B membership shall cease and become converted to Class A membership when seventy-five percent (75%) of the lots are owned by persons or entities other than the Declarant, or when Declarant elects in writing to terminate Class B membership, whichever occurs first. No membership shall be entitled to vote unless such member has fully paid all assessments as provided herein and as shown by the books of the Association. ARTICLE V. ASSESSMENTS Section 1 Creation of Lien and Owner's Obligation. Each owner ofa lot by the acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, covenants and agrees to pay to the Association annual assessments and special '-" ....,.¡ assessments to be fixed, established and collected from time to time as herein provided. The annual and special assessments, together with such interest thereon and cost of collection thereof as herein provided, shall be a charge on the land and shall be a continuing lien upon the property agajnst which each assessment is made. Each such assessment, together with such interest and cost of collection thereof as herein provided, shall also be the personal obligation of the person who is the record owner of such property at the time when the assessment comes due. Section 2. Annual Budget. As provided in the Bylaws of the Association, the Board shall prepare an estimated annual budget which shall reflect the estimated Association expenses. Thereupon the Board shall allocate an equal share of the Association expenses to each lot in the form of an assessment. Section 3. Number of Lots. For the purposes of determining an equal share of Association expenses, and therefore, the assessment, the number of Lots in Pine Summit shall include only such Lots as have been conveyed to purchasers. The total number of Lots in Pine Summit conveyed to purchasers shall be used as the denominator and the number" 1" shall be used as the numerator for the calculation of equal shares of Association expenses. Section 4 Purpose of Assessments. The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, safety and welfare of the residents of Pine Summit, and in particular for the improvement and maintenance of properties, services and facilities devoted to the purpose and related to the use and enjoyment of the common area and the homes situated upon lots, including but not limited to, the payment of taxes, insurance, repair, replacement, additions thereto, maintenance ofsurfacewatermanageìnent system and toe cost of- mitigation, monitoring and maintaining in accordance with the Environmental Resource Permit, and for the cost oflabor, equipment, materials, management and supervision thereof. Section 5 Assessments Until changed by the Boardy the monthly assessment per lot shall be $125.00. The monthly assessment may be increased or decreased by the Board no more frequently than annually; provided, however, that the maximum monthly assessment shall not exceed the sum of$150.00 per lot unless the same is approved by members of the Association in accordance with Section 6 below. Section 6. Change in Maximum Assessment. The Association may change the maximum amount of the assessment fixed by Section 5 above prospectively for any annual period, provided that any such change shall be approved by two-thirds (2/3) of the voted of Class A members who are voting in person or by proxy at a meeting duly called for such purpose, written notice of which shall be sent to all members at least thirty (30) days in advance of said meeting and which notice shall set forth the purpose of the meeting. Section 7 Special Assessments In addition to the assessments authorized by Section 5 above, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of ant construction or reconstruction, unexpected repair or replacement of a capital improvement on the common areas, including any necessary fixtures and personal property relating thereto, and any extraordinary ~ ~ expenses of operation or maintenance, provided that any such assessments shall have the assent of two-thirds (2/3) of the vote of Class A members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members at least thirty (30) days in advance of said meeting and which notice shall set forth the purpose of the meeting. Section 8. Quorum, The quorum required for any action authorized by Section 4 or Section 5 above shall be as follows; At the first meeting called, as provided in Section 4 and 5 hereof, the presence at the meeting of members, or of proxies, entitled to cast sixty (60) percent of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at said meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. Section 9. Assessment Due Dates. The monthly assessments provided for herein shall be due and payable on or before the first of each month until otherwise changed by the Board. The initial purchasers of the building sites £Tom the Declarant shall be required to pay the Association the monthly assessment, without proration, at the time of conveyance of the lot £Tom the Declarant to said initial purchaser. The Due date of any special assessment levied pursuant to Section 7 shall be fixed in the resolution authorizing such assessments. Section 10. Authority of Board, The Board shall have the authority to change the due date of assessments and the amount thereof, provided, however, that written notice of any change in the amount or due date of any assessment shall be given to each owner at least thirty. (30) days in advance of such due date. The Board shall cause to be prepared a roster of the properties and assessments applìcable thereto which roster shall be kept at the principal address of the Ass9ciation, and shall be open to inspection by any owner during normal business hours. A written statement or invoice for payment of the assessments shall be sent to each owner at the address designated in writing to the Association by each owner. If not otherwise designated in writing, said statements and lor notices may be mailed to the address of any lot upon which a dwelling unit has been constructed, and, in the case of unimproved lots, may be mailed to the address set forth in the St. Lucie County tax roll. The Association shall, upon request, furnish to any owner liable for the payment of assessments, a certificate in writing signed by an appropriate officer of the Association, setting forth whether said assessment against the owner's lot have been paid and the due date of the next assessment. Such certificate shall be conclusive evidence of payment of any assessments therein stated to have been paid. Section 11. Effect of Nonpayment of Assessments. If the assessments are not paid on the date when due then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof, including reasonable attorneys' fees, as hereinafter provided, thereupon becoming a continuing lien on the property which shall bind such property in the hands of the then owners, his heirs, devisees, personal representatives and assigns. - - \...' """'" The personal obligation of the then owner to pay such assessments, however, shall remain his personal obligation for the statutory period and shall not pass to his successors in title unless expressly assumed by them. If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at a rate of eighteen (18) percent per annum, and the Association may bring action at law against the owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the cost of such action, including attorney fees. Section 12. Rights of Declarant. Notwithstanding anything contained herein to the contrary, Declarant shall be exempt from the payment of assessments against lots owned by the Declarant and held for sale in the normal course of business; provided however, that this exemption shall not apply to lots owned by the Declarant upon which have been constructed a dwelling unit; and, provided further, that Declarant's exemption from payment of assessments shall terminate upon termination of Class B membership in the Association or upon Declarant's written waiver of this exemption, whichever shall occur first. Section 13. Subordination of the Lien to Mortgages. The lien of the assessments provided for above shall be subordinate to the lien of any first mortgage of an institutional mortgagee and to the lien of any purchase money mortgage held by the Declarant, its successors and assigns. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any building site pursuant to mortgage foreclosure or any proceeding in lieu thereot: shall extinguish the lien of such assessment as· to payments which become due prior to such sale or transfer. No sale o.r transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. For the purpose of this Declaration, "Institutional Mortgagee" means (a) any lending institution having a first mortgage lien upon a lot including any of the following institutions; a federal or state savings and loan or building and loan association, or bank: or real estate investment trust, or mortgage banking company doing business in the Sate of Florida; or (b) any "Secondary Mortgage Market Institution" including the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation and such other secondary mortgage market institutions as the Board shall hereafter approve in writing which has acquired a first mortgage upon a lot; or ( c) any and all investing or lending institutions, or the successors and assigns of such lenders herein referred to as the "Lenders" which has loaned money to Declarant to acquire, or construct improvements upon the property and which holds a mortgage upon any portion of the property securing such a loan. ARTICLE VI. ARCHITECTURAL CONTROL COMMITTEE Section 1. Membership The Board shall appoint the members of the ACC which shall initially consist of Charles A White, Mark A Conner & Larry McDonald. Section 2. Successors. Upon the death or resignation of any of the above named \..t >,.J individuals from the ACC, the Board shall appoint a successor Committee member. Section 3. Purpose. No building, fence, structure, alteration or improvement of any kind, other than interior alterations not affecting the external appearance of a builging or structure shall be commenced, erected, placed or maintained upon any portion of any lot unless and until the plans and specifications therefore shall have been approved in writing by the Committee in its sole judgement and discretion as to harmony of external design and location in relation to surrounding structures and topography and as to aesthetic quality. Section 4. Approval Procedures. Any approval requested of the Conuruttee shall be requested in writing and shall be subnùtted to the Committee at the principal office of the Association. In the event the Committee fails to approve or disapprove such plans and specifications within thirty (30) days after the same has been subnùtted to it, approval shall be deemed to have been given if written notice by the applicant has been given to the Conuruttee stating that no action was taken for thirty (30) days and requesting immediate action within ten (10) days and the Committee fails to approve or disapprove within said ten (10) day period. Before any construction is undertaken, the owner of the lot or his representative shall lay out the dimensions of the structure on the site, and this specific site plan must be approved by the Committee in writing. Within ten (10) days after completion of the construction of an improvement within Pine Summit, the owner, builder or other representative of the owner, shall give written notice to the Committee that the improvement is complete and ready fOf-inspection. Within twenty (20) days after receipt of such notice, the Comnùttee shall inspect the improvement and shall notify the owner in writing as to any defects of deficiencies which are found. This response from the Committee shall include a statement as to the corrections which should be made to correct any such deficiencies so as to r~nd~r.tþe it:nprovemen~ in compliance with the approved plans and specifications. The owríer shall be given a reasonable amount of time within which to correct such deficiencies, and, after being given a reasonable opportunity to do so, the Committee shall make such recommendations to the Board as it deems necessary in enforcing compliance with the approved plans and specifications. In the event the Committee fails to inspect the improvement and notify the owner in writing as to the defects within twenty (20) days after such notice, the improvement will be deemed in compliance with the plans and specifications previously approved. Section 5. Adnùnistration . The Committee shall have the power to adopt rules and establish procedures not inconsistent with the provisions of this Declaration, including, but not linùted to construction and development standards as may be deemed necessary by the Committee to insure quality development, and to insure preservation of the aesthetic qualities of the property and to insure that there will be no pollution of wetlands. The written request and subnùttal of plans and specifications required pursuant to Section 4 hereof shall include, but not be linùted to a specific site plan, floor plans with elevation drawings, accessory structures and features including pool, deck plans, screen enclosures, mailboxes, fences and other structures, garbage disposal facility or area, driveway and sidewalk location, specific grading, clearing and landscaping plan, erosion control and drainage control requirements both pre- and post- - '-' .,.",¡ construction, construction timing schedule, a comprehensive color scheme designating the precise color of all exterior surfaces, and complete submittals on all materials proposed for use. The Committee may disapprove a plan for lack of artistic style or aesthetic quality. For example, the Coqunittee may disapprove a plan because it is too square or "box like," because the roofis too flat, because there is not sufficient landscaping, or for any other reason that the Committee, in its sole discretion, may deem appropriate. In addition to the basic roof and wall color, the rendering and color scheme shall include, but not be limited to, the color of the trim, the gutters, windows, shutters, decks, porches, and all other exposed surfaces. The Committee, in its sole discretion, may disapprove a color scheme on the grounds that it is not in confonnance with the aesthetic character of the development. The Committee shall also disapprove any aluminum windows, doors, or similar structures using aluminum, except anodized aluminum. No pipes, wires, or other appurtenances underneath or adjoining a structure shall be exposed, but shall be encased or housed as a part of the overall construction project. ARTICLE VII. GENERAL STATEMENTS. Section 1. Land Use and Building Type. No lot shall be used except for residential purposes. No building of any type shall be erected, altered, placed or permitted to remain on any other than one single family dwelling. When the construction of any building once begun, work thereon shall be prosecuted diligently and continuously until the full completion thereof The main residence and attached structures shown on the plans and specifications approved by the Committee must be completed in accordance with said plans and specifications upon each building plot unless such completion is rendered impossible as a result of strikes, fires, national emergencies or natural calamities. No lot shall be subdivided, except for Phase VII where duplex units are permitted, it being the intent of this provision to allow one residential unit per lot; provided, however, that one dwelling unit may be constructed on two or more adjoining lots. Nothing contained herein shall prohibit the developer ITom making minor adjustments in lot lines and dimensions. Section 2. Size of Dwelling Structure. The ground floor living area of the main structure if a single family dwelling, exclusive of one story porches, garages, and patios shall not be less than 1,000 square feet. The Committee shall retain the rights to grant variances on twenty- five (25) percent of the lots contained within the development. . Section 3 Improvement Setbacks and Locations No building or structure shall be located nearer than twenty (20) feet ITom the front property line to the house or ten (10) feet to the garage, nor nearer than five (5) feet to the rear property line. All setback requirements shall meet the St. Lucie County Ordinances as amended by the Pine Summit P.D.D. zoning classification. The Committee reserves the right to grant variances in all setback requirements within the development in accordance with Ordinance. No building, structure, fence, wall, hedge or shrub planting which obstructs sightlines at elevations between two (2) and four (4) feet above the roadways shall be placed or permitted to remain on any comer within the triangular area fonned by the street property lines and a line connecting them at points twenty (25) feet ITom the intersection of the street lines or, in the case '-' ..,.,,¡ of a rounded property corner, from the intersection of the property lines extended. The same sightline limitations shall apply within ten (10) feet from the intersection of a street property line with the edge ofa driveway or alleyway pavement. No hedge shall be pennitted to remain within such distances of intersections unless the foliage line is maintained at sufficient height to prevent obstruction of sightlines. Unless specifically approved by the Committee, no fence of any kind shall be placed or constructed nearer to the front corner line than the building setback line or the front corner of the residence, whichever is greater. The Committee will require certain decorative fencing to be constructed around all courtyard areas. Section 4. Temporary Structures. No trailers, travel trailers, motor homes, basements, tent shacks, garage or barn or other outbuilding shall be at any time used as a residence, temporary or permanent, nor shall any structure of a temporary character be located on any lot at any time. Boats trailers, campers, or other vehicles shall be parked or stored within the confines of the lot and shall not be parked on the road or other common area. Section 5. Driveway and Sidewalks. All driveways and sidewalks shall be constructed of concrete. Where curbs are required to be broken for driveway entrances, the curb shall be repaired in a neat and orderly fashion and in such a way to be acceptable to the Committee. Each lot shall be required to construct off street parking pads for a minimum of two (2) vehicles, side by side. Construction of four (4) foot wide pedestrian sidewalk will be required on most lots. Section 6. Utility Connection and Television Antennas. All house connections for all utilities, including but not limited to, water, sewer, electricity, natural gas, telephone, computer, and television shall be run underground from the property connecting points to the building structure in such a manner to be acceptable to the governing utility authority and tqe Co~tt~~._ No exterior radio and lor television antenna, or satellite dish shall be placed or installed upon a lot within the development unless completely unseen from the street and approved in writing by the Committee. Section 7. Potable Water Supply. No individual potable water supply system of any type shall be pennitted on any site within the development unless approved in writing by the Committee. Individual shallow well systems shall be permitted for irrigation purposes only. Section 8. Garbage and Refuse Disposal No lot shall be used, maintained, or allowed to become a dumping ground for scraps, litter, leaves, limbs, or rubbish. Trash, garbage or other waste shall not be allowed to accumulate on the property and shall not be kept except in sanitary containers installed in such a manner to be acceptable to the Committee. All equipment for the storage and disposal of such material shall be kept at the rear of the residence, and in no event shall the same be visible from the street. Under no circumstances shall any of the same be located at the front of the residence. Section 9. Mail Boxes. The size, location, design and type of material used for the '- 'wi construction of mail boxes or receptacles shall be approved by the Committee. Each mail receptacle shall be required to have a photocell activated light fixture that has been pre-approved by the Committee. Section 10. Irrigation System. It shall be the obligation of each owner to provide reasonable and sufficient irrigation service to their lawn and landscape areas to maintain the appearance of the development. Section 11. Hurricane Season Each owner who will not be present in their homes during the hurricane season (June 151 through November 30th) shall be required to take all reasonably necessary precautions to prepare their home for the possibility of a hurricane prior to their departure. ARTICLE VIII. RESTRICTED OR PROHIBITED ACTIVITIES Section 1. Business or Commercial Activity. No business, trade or commercial activity shall be conducted on any lot. Section 2 Signs. No sign of any kind shall be displayed to the public view on any site except one (1) sign of not more than two (2) square feet advertising the property for sale or rent which may be placed on window ofumt. All sign must be approved in writing by the Committee. -Section -3. Livestock -and Pets. -No animals, livestock or poultry of any kind shall be raised, kept or bred on any lot, except that dogs, cats and other household pets may be kept, provided that they are not kept, bred or maintained for commercial purposes. Dogs must be kept on a leash, be fenced in a yard, or kept in the house. Any dog creating a nuisance in the neighborhoo~ be ,it from excessive þarking, chasing cars, chasing people, or the like, shall constitute a nuisance and shall result in the Association taking whatever action is appropriate to remove such nuisance. Section 4. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood or tend to damage or destroy either private or public property. Section 5 Vehicle Parking. There shall be no on street parking whatsoever of the following~ boats, motor homes, or trailers. Section 6. Storage of Personal Property. All personal property kept on the premises of a lot, shall be either kept and maintained in a proper storage facility, or shall be stored at the rear of the home. However, nowhere on the property shall this provision be construed to permit junk cars, old appliances, or the like from being kept anywhere on the property, including in the front, on the side or in the rear of the property. Any personal property, if it is to be stored on the lot, is to be stored in a completely enclosed structure approved by the Committee. Among other remedies, and after thirty (30) days notice to owner, the Association may come upon the lot ~ .."",; to remove property being stored in violation of this provision, all at the expense of the owner, which shall constitute a lien against said property. An automobile or other vehicle shall be considered a "junk car" under this provision if it is immobile for a period of thirty (30) days or lon~er, or does not have a current license tag. Section 7. D¡ying Areas. No clothing, laundry, or wash shall be aired or dried on any portion of a lot in an area exposed to view to neighbors, and no clotheslines shall be permitted except inside the fenced-in courtyard/patio area which is not visible to neighbors. Section 8 Use ofFill No owner or person acting for an owner shall bring any fill material into Pine Summit without the prior written approval of the Committee, which approval shall be given only upon a showing that the use of such fill is necessary to a particular construction project, and upon a showing that the use of such fill will not change or adversely affect the drainage pattern within Pine Sumnùt. Section 9. Clearing and Landscaping No clearing, grading, destruction of vegetation or cutting of any tree large than 4 inches in diameter shall be undertaken or commenced on any lot until a clearing and landscaping plan has been approved in writing by the Comnùttee, and such plan shall specifically designate the vegetation and trees to be removed, and the particulars of trees, shrubs, hedges and/or sodding to be placed upon the lot after completion of construction. Owners shall maintain as much of the existing vegetation as possible. Removal of exotic and nuisance vegetation from lots and adjacent upland/buffer preserve shall not be prohibited. In any event, all lots shall be maintained so as to prevent erosion. Section 10. Open Fires. Open fires and burning of leaves, or underbrush shall be prohibited in Pine Summit unless prior written consent of the Committee is obtained. The Committee's consent shall be granted in the Committee's sole discretion, and, if granted, may be conditioned upon such terms as the Comnùttee deems appropriate. Section 11. Television Antennas. No television or other outside antenna system or facility shall be erected or maintained on any lot to which cable television service is then currently available, except with specific consent of the ACT, which consent may be unreasonably withheld. Section 12. Children No children under the age of twenty-one (21) years shall be permitted to reside in any home or on any lot within Pine Summit, except that children may be permitted to visit temporarily for periods not to exceed sixty (60) days in total in any calender year, and subject to such rules and regulations of the Association limiting their use of the common property and recreation areas. Section 13. Resident Limits. No more than three (3) persons may reside in any home on any lot on a permanent basis; provided however, that it shall be permissible for an owner to have more than that number of individuals visiting, on a temporary basis, for periods not to exceed thirty (30) days in any calender year. Section 14. Lakes and Wetlands. The lakes and wetlands located within Pine Sumnùt ~ t-J are primarily intended as aesthetic features. They are not available for actual use. Swimming, boating docks, landings and similar use, construction and/or placing of soils or other substances such as trash, removal of trees, shrubs, or other vegetation, excavation, dredging, removal of soil mat~rial, diking, fencing, or any other activities that would serve to detrimentally affect flood control, water conservation, erosion control, or affect fish and wildlife habitat conservation or preservation, shall not permitted. The wetlands and the surrounding upland buffers/preserve areas are hereby declared Conservation Areas as well as common areas. These wetland areas are the perpetual responsibility of the Association and may in no way be altered from their natural state. ARTICLE IX. EXTERIOR MAINTENANCE All owner must maintain structures in good repair and keep the same safe, clean, and orderly in appearance at all times, and to maintain such structures in an attractive manner. The Committee shall be the judge as to whether the structures are safe, clean, orderly in appearance, and properly painted or preserved, and where the Committee notifies the particular owner in writing that said structure fails to meet acceptable standards, said owner shall thereupon remedy such conditions within thirty (30) days to the satisfaction of the Committee and that failing to remedy such conditions, the owner or tenants hereby covenant and agree that the Association may perfonn such necessary maintenance, but is not obligated to perfonn the same or take such actions as will bring the said structure up to acceptable standards, all such repairs and actions to be at the sole expense of the owner. Such maintenance as to a vacant lot may include the mowing of grass and weeds, the trimming of trees and shrubs, and the removal of trash and litter. The cost of any such maintenance shall be assessed against the lot upon which the maintenance is perfonned, and shall be due and payable within fifteen (15) days after Written-notice of the assessment is mailed to the owner. It shall also constitute a lien against the lot and a personal obligation of the owner, and may be enforced and collected in the same manner as provided herein for the collection of delinquent assessments. ARTICLE X. COMMON AREAS Section 1. Members' Easements of Enjoyment Subject to the provisions of Section 3, every member shall have a right and easement of enjoyment in and to the common areas and such easement shall be appurtenant to and shall pass with the title to every site. Each owner shall have a perpetual easement for ingress over and across the private roadway and utility easement more particularly described in Exhibit "c" attached hereto. Section 2 Title to Common Areas. The Declarant may retain legal title to the common areas until such time as he has completed improvements thereon. Notwithstanding any other provisions herein, the Declarant hereby covenants, for himself, his successors and assigns, that he shall convey title to the common areas to the Association not later than the 15th day of April, 2000. Section 3. Extent of Members Easements. The rights and easements of enjoyment created hereby shall be subject to the following: '--' '-" (a) The right of the Association to suspend the enjoyment rights of any member far any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for inffaction of its published rules and regulations; and, (b) The right of the Association to dedicate or transfer all or any part of the common property to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members, provided that no such dedication or transfer, detennination as to the purpose or as to the conditions thereof, shall be effective, unless an instrument signed by members entitled to cast two-thirds (2/3) of the votes irrespective of Class of membership has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every member at least ninety (90) days in advance of any action taken. Section 4 Drainage Easements Declarant grants and reserves unto the Association a perpetual easement for drainage purposes over and across that property more particularly described in Exhibit "D", "E", and "F," together with the right of ingress and egress for maintenance of the easement areas as and when deemed necessary by the Association. Section 5. Maintenance. The Association shall maintain all common areas within Pine Summit, including specifically all roads, easements, common areas, entryways and facility improvements. The Association is further authorized to take such action as deemed reasonably necessary to provide for adequate security within Pine Summit, and to provide a program for pest control. The Association shall also maintain all private residences yards. The Declarant reserves unto itself, his successors and assigns, a perpetual and alienable easement and right on, over and under the common areas and each lot to erect, maintain and use pipes, wires, cables conduits, sewers, water mains and other suitable equipment for the conveyance and use of electricity, telephoI1e. ~quipment, conununity antenna television service, gas, sewer, water drainage facilities, or other public conveniences or utilities on, in or over those portions of each lot or common areas as may be reasonably required for utility line purposes, provided however, that no such easement shall be applicable to any portion of such lot, parcel or tract, as may (a) have been used prior to the installation of such utilities for construction of a building whose plans were approved pursuant to this Declaration, or (b) such portion of a lot as may be designated as the site for a building on a plot plan for erection of a building which has been approved in writing. These easements and rights expressly include the right to cut any trees, bushes or shrubbery, make any gradìng of the soil, or take any other similar action reasonably necessary to provide economical and safe utility installation and to maintain reasonable standards of health, safety and appearance. Such rights may be exercised by any licensee of Declarant, but this reservation shall not be considered an obligation of Declarant to provide or maintain such utility or service. ARTICLE XII. PARTY WALLS Section 1. General Rules of Law to Apply. Each wall or fence which is built as a part of the original construction of a residential unit upon a lot which constitutes a common wall - - '-' ...." of the respective owners of the residential unit shall constitute a party wall, and to the extent not inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and the respective rights and liabilities of the parties shall apply thereto. Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared equally by the adjoining owners Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any owner may restore it, and the adjoining owners shall contribute equally to the cost of restoration without prejudice to the right of any owner to seek larger contributions ITom the other adjoining owner under any rule oflaw regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision contained herein, any owner who by his negligent or willful act or omission causes the party wall to be exposed to the elements shall be liable for the cost of furnishing the necessary protection against the elements. Section 5. Right to Contribution Runs With Land The right of any owner to contribution ITom the other owner under the provisions of the Article shall be appurtenant to the lot and shall pass with the title to the lot. ARTICLE XIII. ENFORCEMENT All covenants contained within this Declaration concerning the collection of assessments may be enforced only by the Association or Declarant by action at law or in equity to enforce the personal obligation of an owner for the payment of delinquent assessments or foreclosure of the lien against the lot; provided however, that any such action taken by the Declarant shall be commenced in the name of the Association and on its behalf and all recovery of property or money shall be for the benefit of the Association. All remaining covenants and restrictions herein contained may be enforced by the Association, Declarant, or any owner in any judicial proceeding seeking any remedy provided herein or recognizable at law or in equity, including damages, injunction, or any other appropriate form of relief against any person violating any covenant, restriction or provision hereunder. The failure by any party to enforce any such covenant, restriction or provision herein contained shall in no event be deemed a waiver of same or of the right of such party to thereafter enforce same. The party bringing any such action to enforce the covenants, restrictions or provisions hereof shall, if said party prevails, be entitled to all cost thereof, including but not limited to reasonable attorneys' fees. No liability shall attach to Declarant for the failure to enforce the terms of this Declaration.. ARTICLE XIV, DECLARANT'S DEVELOPMENT RIGHTS Nothing contained in this Declaration shall be interpreted or construed to prevent Declarant, his transferees, or his or their contractors or subcontractors ITom doing or performing on all or any part of Pine Summit actually owned or controlled by Declarant or his transferees or '-' '-" upon common areas, whatever they determine to be reasonably necessary or advisable in connection with the completion of the development of the property, including, without limitation; _ (a) erecting, constructing and maintaining thereon such structures and vehjcles as may be reasonably necessary for the conduct of Declarant's business of completing and establishing the property as a residential community and disposing of the same in parcels by sale, lease, or otherwise; or (b) conducting thereon his or their business of completing and establishing the property as a residential community and disposing of the property in parcels by sale, lease, or otherwise; or ( c) maintaining such sign or signs thereon as may be reasonably necessary in connection with the sale, lease, or otherwise transfer of the lots; (d) - provided however, that operation being conducted under subparagraphs (a), (b) and (c) immediately above shall be permitted upon only those parts of Pine Summit owned and controlled by the party causing or conducting said operations, and the common areas. As used in this Section, the term "its transferees" specifically does not include purchasers of lot improved as completed residences. The Association shall have the further obligation and responsibility for the hiring of appropriate personnel and for the maintenance, management, repair, upkeep and replacement of the Common Areas. ARTICLE XV. OWNER'S OBLIGATIONS Section 1. Insurance. Each own~r shall maintain fire and extended coverage insurance on the improvements located upon his Lot in an amount equal to the full replacement value. The Association may require written evidence of such insurance on an annual basis. In the event of loss, subject to the consent and approval of any such mortgagee named as loss payee, all insurance proceeds shall be used to promptly repair or replace the damage unless the Association shall otherwise agree. Section 2 Repair. If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the owner thereof to rebuild, repair or reconstruct such residence in a manner which will substantially restore it to its appearance and condition immediately prior to such casualty. Reconstruction or repair shall be commenced within thirty (30) days after the damage occurs and shall be continuously prosecuted to completion with all due diligence, but in no event later than one hundred and eighty (180) days after such damage or casualty, acts of God and matters beyond the control of the owner excepted. ARTICLE XVI. AMENDMENTS Section 1. By Declarant Until Declarant's Class B membership in the Association is terminated as herein provided, all amendments or modifications shall only be made by Declarant, without the requirement of the Association's consent or the consent of the owners; provided however, that the Association shall, forthwith upon request of Declarant, join in any -- - .. '-' 'wtIfJ such amendments or modifications and execute such instruments to evidence such joinder and consent as Declarant shall, rrom time to time, request. Additionally, until Declarant's Class B memberslúp is terminated, Declarant may waive or grant variance rrom any of the covenants and restrictions, if the Declarant, in its sole judgement, determines such a variance to be a minor or insuhstantial violation. After termination of Declarant's Class B membership in the Association, the right to grant such variances shall be exercised by the Arclútectural Control Committee. Notwithstanding any provisions contained herein, no part of these documents that relate to the surface water management system or the conservation/preservation areas can be amended without the prior written approval of the South Florida Water Management District. Section 2 By Owners. Except as provided in Section 3 of this paragraph, after termination of Class B memberslúp in the Association, this Declaration may be amended by; (a) the consent of the owners of two tlúrds (2/3) of all the lots, together with; (b) the approval or ratification ofa majority of the Board. The aforementioned consent of the owners may be evidenced by a writing signed by the required number of owners at any regular or special meeting of the Association called and held in accordance with the Bylaws, and evidenced by a certificate of the Secretary or an assistant secretary of the corporation. Section 3. Scrivener's Errors and Immaterial Changes. Amendments for correction of scrivener's error or other immaterial changes may be made by the Declarant alone untillús Class B memberslúp is terminated and by the Board thereafter and without the need of consent of the owners. Section 4. Limitations. Notwithstanding anythiñg to the contrary herein contained;- no amendment to this Declaration shall be effective which shall impair or prejudice the rights or priorities of the Declarant, or of any Institutional Mortgagee under tlús Declaration without the specific written approval of the Declarant, or the Institutional Mortgagee affected thereby. Furthermore, notwithstanding anything to the contrary he~ein ~oAtain~.. no ~endment to tlús Declaration shall be effective which would increase the liabilities of a then owner or prejudice the rights of a then owner or his family, guest, invites and lessees to utilize or enjoy the benefits of the then existing common areas unless the owner or owners so affected consent to such amendment in writing or unless such amendment is adopted in accordance with the procedure of Section 2 required for adoption of an amendment to the Declaration. Section 5. Effective Date of Amendments Any amendments to this Declaration shall become effective upon Certificate of Amendment to the Declaration setting forth the amendment or modification being recorded in the Public Records of St. Lucie County, Florida. ARTICLE XVII. DURATION OF COVENANTS AND RESTRICTIONS The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of Declarant of owners and the Association, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years form the date tlús Declaration is recorded, after which time said covenants shall be automatically extended for successive periods often (10) years unless an instrument recorded, agreeing to change said --~ - ... '-' "wi covenants and restrictions in whole, or in part, provided however, that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of such change, and unless written notice of the proposed agreement is sent to every owner at lease ninety (90) days in advance of any action taken. ARTICLE XVIII. MISCELLANEOUS Section 1. Severability In the eyent any of the provisions of tlùs Declaration shall be deemed invalid by a court of competent jurisdiction, said judicial determination shall in no way affect any of the other provisions hereof, wlùch shall remain in full force and effect and any provision of tlùs Declaration deemed invalid by a court of competent jurisdiction by virtue of the term or scope thereof shall be deemed limited to the maximum term and scope permitted by law. Further, the invalidation of any of the covenants or restrictions or terms and conditions oftlùs Declaration or reduction in the scope or term of the same by reason of judicial application of the legal rules against perpetuities or otherwise shall in no way affect any other provision wlùch shall remain in full force and effect for such period of time and to such extent as may be permitted by law. Section 2. Notices. Any notice required to be sent to any member or owner, under the provisions of tlùs Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as member or owner on the records-of the Association at the time of suc}rmaiIing. Section 3 Inter:pretation ofDeclaratiori. The Board shall have the right and responsibility to determine all questions arising in connection with tlùs Declaration and to construe and ip.terpr~t th~ provisions of tlùs Declaration in good faith. AIl such interpretations shall be binding on the owners. Section 4 Captions Headings and Titles. Article and paragraph captions, headings and title inserted throughout tlùs DecIaration are intended as a matter of convenience only and in no way shall such captions, headings or titles define, limit, or in any way affect the subject matter or any of the terms and provisions thereunder nor the terms and provisions oftlùs DecIaration. Section 5. Context. Whenever the context so requires or admits, any pronoun used herein may be deemed to mean the corresponding masculine, feminine or neuter form thereof and the singular form of any nouns and pronouns herein may be deemed to mean the corresponding plural form thereof and vice versa. Section 6. Attorneys' Fees. Any provision in tlùs DecIaration for the collection or recovery of attorneys' fees shall be deemed to include, but not be limited to, attorneys' fees for the attorneys' services at all trial and appellate levels and, unless the context clearly indicates a contrary intention, whether or not suit is instituted. -- '-' ''-'" IN WITNESS WHEREOF, tills instrument has been executed by Declarant the day and year first above written. WITNESS Trans-Global Equities, L.C. WITNESS Mark A Conner, President STATE OF FLORIDA COUNTY OF ST. The foregoing instrument was acknowledged before me this day of , 1998, by Mark A Conner, President of Trans-Global Equities, L.C., a Florida limited liability company, doing business as Pine Summit Development, known to me, and has executed same on behalf of said Trans-Global Equities, L.C. NOTARY PUBLIC My commission expires; IN WITNESS WHEREOF, tills instrument has been executed by Declarant the day and time first above written. WITNESS Trans-Global Equities, L.C. WITNESS Charles A White, Vice President STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me the day of . 1998, by Charles A White, Vice President of Trans-Global Equities, L.C., a Florida limited liability company, doing business as Pine Summit Development, known to me, and has executed same on behalf of said Trans-Global Equities, L.C. NOTARY PUBLIC My commission expires: '--' "-" (]) ---- z ., -+--' S ..c ~ ... " t:... " ., co S .-- s ... co 0 ",en ~ .2 t: .. .. w I " 0 t > - .. ,,'" G 0 « 0) c .. :I . S .., 0) ..... ~ 0 =~ G Î if) t: t: D. ~ " ,,- ~ r (]) N s U D. 0 s:ë D. G !0.- cr: o '" :I .; <.J .. CO .. \ (. "" 0 ..c '\ " CI 0 :! ... ... ... ... ... a: ... ~ a: Z ::> 0 ~- () z ::> 0 () a: UJ ¡ > i ã: ,. ... =. z ... .. ;:!' ! ~ ... .. I· .. 5 ... « a: 0\'011 ODHS ~ ~ a: 0 ~r·) ,."., ~ s ..s: 1 S S£ 1 ... ~ ... .. ... ~ 5 .. .., a: MNn08 3380H833>10 , ~ '-' . ..." Charles Ä. White Zoning l I Williomsbur J Way " ,~ o G " > ¡; õ c: o U :l ,I, L.: -Fi .11 -" u o u c: c J: . " z I I IRM I I I I " 2 ¡; " J: Conal No. 28 ç: !" J: '¡;' ::r . c '< c ~;¡.~ ... t" "'-.::,,2 ,,, r(~ ..["',... ~~ \ .,;o;l ) .....\"" ,...c::::! IX L.~ ('~ ~\..> c..J ", PNRD L l!'Jï ""..., "'-,.... < /,)-? \/ t" ,../' ~)~ ......r.h _1...... ~-:~~ Lr:.2 (l~ \ Lr.l.J -I.. ~'" \..-' - r ,;,\-" ....ç;.-,- L..:'- -~ r~:'I:: ..-\'" - ,:-r;\.... "r') '? 1;;- .....' .....\- (..~;\..> ,...c::::! " L L" (_1 PUD C-, r-- '-[1 --- ----- ------ PNRD RZ 99-014 Community Development Geographic Information Systems Map revised May 25,1999 I I I I I I RM-5 I I I I I I I I I í a: « R 5 11110 mop hu boon COtI1 >iIed Iorgonoralplaming ond -.... _ only. - wwy ofIOIt... boon -- to pnMdo !he moot cunenllnd occunIIe N InfonnatIon pouI¡Io. 110 not Intended lor use .. . IogøIIy binding doco.mont. - ~ ..."., Charles A. White Land Use " > -= " .> o I I I I I Rtf1 I I I I I RU I I I I I I CP~B I I I I l I William. bur J Way o c a U I: " Z M Canal No, 28 != !'" :J: '¡;' ::T ~ o '< ^-"'> </.) . .... \/ ,,("') I.. Ii;' (.7 ......\- t\~,J r ...... ~~ I...U -,- I......r.é} C r lO ....~.2 RM I~ Cr_t] ...-'\~ -1-:- _ f\íí' \ Lr.,.J ... \'" .... - t' ,0\... (I RM ¿a-.J- r- - '-'_l'¡ t \ -, r r ;,J .. \,,", - '=.);\--, f""(~ 'ï.~ ~~> ,/ ..C'-- \ ..?l j r-(J '-r~1 ......\- t~ ;\,J ...... R u --- ---- ------ RZ 99-014 Community Development Geographic Information Systems Map revised May 25,1999 This mop has been compiIod fer __ planning inti I8fet8nco ~ orIf· WhIle fNf1fY etIort has been .- to proyIde tho -- amIOt end accurate N Infonnallon possible. lis not Intended fer """ os . IagaI1y binding docunonl - '-" ..." PUBLIC HEARING CHARLES A. WHITE FILE NO. RZ-99-014 Mr. Hank Flores presented staff comments. Mr. Flores stated that he was presenting the petition of Charles A. White, for Preliminary Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 duJacre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (planned Unit Development - Pine Summit) Zoning District for 77.80 acres of property located on the east side of South U.S. Highway No.1, immediately south of the Vista St. Lucie Condominiums. Mr. Flores stated that the surrounding zoning to the subject property is RM-9 (Residential, Multiple- Family - 9 duJacre) to the north. CO (Commercial, Office) and CG (Commercial, General) to the west. RM-5 (Residential, Multiple-Family - 5 duJacre) to the east. He stated that the surrounding land uses are RM (Residential Medium) to the north. RU (Residential Urban) to the east. COM (Commercial) to the west. Mr. Flores stated that the applicant is proposing the development of a 216-Unit, Single-Family residential subdivision consisting of 174 Single-Family Lots and 42 Duplex Lots. As a Planned Unit Development, the project proposes to develop the subject property with some flexibility, such as the establishing area and yard standards which are different from those required in standard zomng districts, and in the ability to cluster dwelling units to protect environmentally sensitive areas on site. Mr. Flores stated that Section 7.01.03(1) of the Land Development Code at the time the proposed project was submitted, required that a minimum of35% (27.23 acres) of the gross area ofland to be committed to a Planned Unit Development must be for use as parks, recreation areas, marinas; swimming beaches, open space, planting, or other public purposes other than rights-of-way, above ground utilities, and parking areas. Of the required 35% open space, a minimum of 15% (4.08 acres) must consists of native habitat to be preserved in its natural condition. Mr. Flores stated that the proposed planned unit development maintains 25.49 acres of Wetlands (32.76% of the site), 2.00 acres in the recreation tract (2.57%), Open Space of2.69 acres (3.46%), and Native Upland Habitat of5.23 acres (6.72%). The project therefore maintains 45.51% of the gross project in open space. The remainder of the project of 42.39 acres (54.49%) consists of those areas designated for residential development and road rights-of-way. Mr. Flores stated that as staff reviewed this project and prepared the staff report, an issue concerning access emerged. Subsequent to this concern being raised, the petitioner's representative submitted an addendum to the Transportation Impact Report explaining his traffic analysis and effectively addressed concerns about this issue. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 24 "-' ...", Mr. Flores stated that staffhas, therefore, detennined that the proposed zoning designation and the Preliminary Planned Unit Development site plan is compatible with the existing and proposed uses in the area, has met the standards of review as set forth in the Land Development Code, and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chainnan McCurdy asked if there were any questions from the Board. Mr. Grande asked Mr. Flores if one hundred percent ofthe current wetlands are being preserved. Mr. Flores stated that 32.76% of the overall project consists of wetlands. He stated that 27.57 acres of wetlands exist on-site, of which 2.08 acres need to be mitigated. Ninety-two and one-half of the wetlands on-site will, therefore, will be preserved. Mr. Grande asked Mr. Flores if the uplands that are being preserved met the standards at the time when the application was submitted, but no longer meet the standards as of this date. Mr. Flores stated that is his understanding. Mr. Grande asked Mr. Flores ifthis petition should be reviewed based on the standards that were in effect at the time the application was submitted. Mr. Flores stated yes. Chainnan McCurdy asked if there were any other questions of staff. Mr. Trias asked Mr. Flores if there is only one way to enter and exit this development. Mr. Flores stated yes. Mr. Trias asked Mr. Flores if there are any requirements as far as the length of cul-de-sacs for emergency response and other situations. Mr. Flores stated that would be a general review of the Fire Department. Mr. Trias asked Mr. Flores ifthe County staff reviews this or not. Mr. Flores stated that the County does this in conjunction with the Fire Department. Ms. Dreyer stated that she is concerned about the length of Bristlecone Drive. She stated that pennanent dead end streets, as listed in the Code, should not exceed 1,000 feet in length. She stated that it was her understanding that a portion of this project was not to be completed until the Lennard Road and Prima Vista Boulevard additions were completed. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 25 - ~ --..-.- ---- '-' ...", Mr. Kelly stated that the original was approved several years ago and it is back before them now. When it was first was approved, there were conditions that limited it to being developed until Lennard Road and Prima Vista Boulevard was completed. He stated that since that time, FDOT has completed six lanes to the south of this and over the next five years has over $19 million committed to the section from Rio Mar to Midway Road. He stated that the capacity of U.S. 1 is changing dramatically and the requirement to have Lennard Road and Prima Vista Boulevard in place for capacity reasons no longer exists. He stated that in the long tenn for marketing and other reasons, Lennard Road and Prima Vista Boulevard are important to the project. It can, however, function with U.S. 1 as its primary access. Ms. Dreyer stated that some history on this subject would have been helpful. She asked Mr. Kelly what was the nature of this petition if it had already been approved prior to this meeting. Mr. Kelly stated that the project has expired, this is a new project, and that is why a lot of history was not provided. He stated that staff looked into the history of this project and found this condition. Ms. Dreyer asked if that was the Condition regarding Phases III, IV, and V. Mr. Kelly stated yes. Mr. Kelly stated that Mr. Matthes, Project Engineer at Culpepper & Terpening provided a letter today to staff which explained that U.S. 1 provided the necessary capacity and that staff did not need to add that condition. Mr. Kelly stated that Mr. Matthes is correct. Ms. Dreyer asked Mr. Kelly what do we do with the access to Lennard Road that is on the site plan. Mr. Kelly stated when Lennard Road is constructed it will be linked and until then the project will use circular patterns with one access. Ms. Dreyer stated that she was concerned about whether Bristlecone Drive met Code requirements. Mr. Kelly stated that the Fire Department sits on the Development Review Committee and that he recalls there was no objection to that, but he will check with the Fire Department. Mr. Moore stated that he understood staffs position with the traffic impact, but he was wondering if staff had any type of time table on the Lennard Expansion. Mr. Kelly stated no. Ms. Dreyer stated that there was a concern from a local resident of this site that they may be rezoning Residential to Commercial. She asked Mr. Flores whether or not that concern was before the Board at this moment. Mr. Flores stated that the request is to change from Commercial to Residential. Planning & Zoning Commission/ Local Planning Agency June 17, 1999 Page 26 '-' ...., Chainnan McCurdy asked if there were any other questions of staff. At this time, Chainnan McCurdy opened the public portion of the hearing. Chainnan McCurdy asked if there was anyone who would like to speak on this issue. Mr. Chuck White, Post Office Box 3146, Tallahassee, addressed the Board. Mr. White stated that he was speaking on behalf of Pine Summit. He stated that the project was originally submitted in 1992 in anticipation of Lennard Road and Prima Vista Boulevard being constructed. He stated that it is in the Comprehensive Plan to be completed in 1995 or 1997. He stated that the project did not also go forward because of their problems with off-site sewer available to the site. He stated that subsequently they worked with the City of Port St. Lucie to obtain a grant that extended sanitary sewer into the area, which they now have. Mr. White stated that they would like to see Lennard Road developed because it would be beneficial to the community. He stated that they cannot tie themselves with the development of the roadway because they have no idea if the County is going to act or not. Mr. White stated that the available density of389 units is based on old zoning, they have reached 216 units. They have protected all of the wetlands of the property. There are 25 acres that have been put aside. This is consistent with the Treasure Coast Regional Planning Council which encourages development to the east side of U.S. 1. He stated that around the property to the north is a condominium project, to the west as well. To the east are residential projects. Chainnan McCurdy asked if there were any questions ofthe Board. Ms. Dreyer asked Mr. White if this was going to be developed in phases or all at one time. Mr. White stated that they have not specified phases in the project. They are considering doing it in two segments, however, they need approval on the whole thing before they can start working. He stated that it is his understanding that this submission is for preliminary and final approval. Mr. Kelly stated that this will be preliminary and final at the Board of County Commissioners. Chainnan McCurdy asked if there were any other questions. Ms. Debra Ross, Esq., with Cornett, Googe, Ross and Earle, a law finn in Stuart, addressed the Board. Ms. Ross stated that she represents the Vista St. Lucie Condominium Association, which is located to the north of the subject property. She stated that they had not seen a site plan until tonight. Ms. Ross stated that the residents have three concerns: · Access Planning & Zoning Commission/ Local Planning Agency June 17,1999 Page 27 '-" ""-" · Buffering · Traffic Ms. Ross referenced access of the project. She stated that they have been told that access to the project will be only to the south ofthe western parcel of Pine Summit. She stated that she thought there would not be access to the north of that parcel which is Vista St. Lucie's access road. Mr. Kelly stated that the plan does not show any access off of Vista St. Lucie's access. Ms. Ross referenced traffic impact. She stated that it appears that Pine Summit would only be accessible by a right turn in, right turn out. She asked Mr. Kelly if she was correct. Mr. Kelly stated yes. Ms. Ross stated that they do have concerns about this since it will result in a substantial amount of traffic making V-turns in front of Vista St. Lucie. She stated that they perceive this to be a traffic problem up to the northern access ofthe PUD. Ms. Ross stated that the third concern they had is buffering. She stated that the northern property line will have approximately 15 single family homes and part of the recreation area and that the western portion of the PUD will contain approximately 15 duplexes. The concerns about buffers are for aesthetics and security reasons. She stated that Mr. White has said that there will be twQ buffers, one being a six foot shadow box fence as well as a 15 foot no disturbance zone. She stated that they have not seen the final development plan and do not know whether these buffers were on it, buf she would request that they be put on before the plan has received approval. Chainnan McCurdy asked if there were any questions. Mr. Moore asked Ms. Ross if Pine Summit agrees to the buffering, if Vista St. Lucie would be okay wi th that. Ms. Ross stated that the buffer proposed is satisfactorily. She stated that they did have substantial concern about the traffic coming out to the north of U.S. 1. Mr. Grande asked Mr. White if the buffering as just described would be acceptable to him. Mr. White stated that it would be, with a slight change in wording. He stated that he has agreed to construct the wood cedar shadow box fence. He stated that the 15 foot buffer is fine except the undisturbed portion. He stated that he did not have any intentions of removing trees, but that these will be people's backyards so to say that no one will disturb the growth is not reasonable. He stated that the fence will be the furthest away from the adjacent property. Planning & Zoning Commission/ Local Planning Agency June 17,1999 Page 28 '-' ....., Mr. Grande asked Mr. White ifhe would consider doing this in two phases, although he is seeking full approval. Mr. White stated that the bank will not loan him any money until this is approved. Mr. Grande asked Mr. White ifhe would have a problem with having the second of the two stages contingent on the Lennard Road Extension. Mr. White stated that respectfully with the history of the County and its performance on that issue, he would. Ms. Ross referenced buffering. She stated that the restrictive covenants for Pine Summit can be written so the buffer areas contained on the lots that are to the southern boundary can be restricted as no disturbance zones. She stated that the issue is not the fence as much as the greenery that exists beyond that. Mr. Kelly stated that Mr. White stated that he is happy to leave the trees, but ifthe owners wanted to clear the understory, they should be able to. Ms. Ross stated that they would be fine with that. Mr. Grande stated that he understood Mr. White stated that is the way it will work out, but what was within the fences was owned by the purchasers and he did not hear any intention of Mr. White to restrict them from removing trees within 15 feet of the fence. Mr. White stated that he did not have any problem putting- that restriction in and that he wants the trees to remain as they are. Mr. Kelly stated that he would recomiriend that the Board place a condition stating that. Ms. Dreyer asked Mr. Kelly ifthere is anything in the power of the County to limit the number of U-turns. Mr. Kelly stated that he believes that staff will need to meet with the applicant before the Board of County Commissioners hearing to discuss this issue. Ms. Dreyer stated that she is sure that FDOT would have a lot to say about whether you can have left hand turns onto U.S. 1. Mr. Kelly stated that FDOT would have to make that decision and that there might have to be a decision made about a median. He stated that there is a concern which will have to be discussed. Mr. Merritt stated that he believes that there is a median there at this time. Planning & Zoning Commission! Local Planning Agency June 17, 1999 Page 29 - -- '-' ""'" Mr. Kelly stated that is accurate at this time and when the widening of U.S. 1 is constructed, the median will be maintained. Chairman McCurdy asked if there was anyone else who would like to speak on this issue. Hearing no further comments in favor or in opposition to the issue, Chairman McCurdy closed the public portion of the hearing. Chairman McCurdy asked if there were any other questions. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Moore moved that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Charles A. White, for Preliminary Planned Unit Development approval for the project known as Pine Summit - PUD, and a Change in Zoning rrom the RM-5 (Residential, Multiple-Family - 5 dulacre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (Planned Unit Development- Pine Summit) Zoning District with the conditions of: · The fence should be put in place. · The 15 feet of understory should remain unless owners decide to remove it. Mr. Grande seconded the motion. Ms. Dreyer asked for clarification concerning the prohibition on the removal of trees and was wondering if the conditions included that or not. Mr. Moore stated that they could make the restriction of the removal of trees as part of a condition for the PUD. Upon roll call, the motion was approved 6-0. Planning & Zoning Commission! Local Planning Agency June 17, 1999 Page 30 '-' ....",; fõ) rn @ rn 0 \Yl rn fñì lJù JJN - 8 1999 æJ June7, 1999 COMMUNITY DEVELOPMENT 5lLUCIE COUNTY FL Mr. & MrS. Paul J. Finn 4 Lake Vista Trail #106 Port St. Lucie, FL 34952 Diana Wesloski, Chairman St. Lucie County Planning & Zoning Board 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Dear Ms. Wesloski, This letter is in response to the notification from your office on the proposed change in zoning near Vista St. Lucie. We are opposed to this change from residential to commercial zoning and are definitely opposed to using any part of Vista's entrance for any other traffic, except for Vista's use only. We feel that this will effect our property value greatly. We would appreciate you voicing our opinion at the meeting on Thursday, June 17th. nk you, IJ¡¡.~ Paul J. Finn '-' .'w/ AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, SEPTEMBER 7,1999 7:00 P.M. Petition of Charles A. White,for Preliminary and Final Planned Unit Development approval for the project known as Pine Summit - PUD, and for a Change in Zoning from the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (Planned Unit Development - Pine Summit) Zoning District for the following described property: (Location: East side of South U.S. Highway No.1, approximately 500 feet South of the entrance to the Vista St. Lucie Condominiums) THE PROPl!!l!Y'S LEGAL DESCRIPTION IS A VAILABLE UPON REQUEST If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. . . - .' . . - - - If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners on August 26, 1999. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 26, 1999. FILE NO. RZ-99-014 ~ ....,¡ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA SEPTEMBER 7. 1999 TO WHOM IT MAY CONCERN, NOTICE Is hereby given In accO<danco with Secflon 11.00.03 0/ the Sf. Lucie C""nty Land Development Code and In accordance with the proYIsians 0/ the St. Lucie C""nty Comprehensive Plan. that the following appUconh have requested that the St. Lucie County Boord of County Commissioners consider their request as fOJlOW1i: 1. BEVERLY SCHOENEBERG (Vikkl Aaron. Agent). to define 0 Class 'A" Mobil. Home as a Detached Single-family Dwelling Unit In the AG·S Zoning Distrid. SectIon 21. Township 37 South. Range 3B East. Begin at the intenedlon 0/ the north........ny rlght-d-way 0/ Glades C",.()ff Road and the _t line of soid section; thence north 44'43'30" East along soid rtght-d-way 7BB.70 feot to the Point 0/ Beginning; thence continue along sold rlght- o/-way 239.37foet; thence North 37"03'16" West 663.16 feet; thence North 01'56'00" W... 357.33 foet, thence South BB'04'oo" W... 365.73 feet to the _I_Ion line; thenco South 01'56'00" East aiang soid stdIon line 33B.34 feet, thence North BB"04'oo" East 19B.00 feet; thence South 29'17'24" East B17.37 feet to the Point o/Beglnnlng. (6.05 Aq (OR 1221·9B5) (Tax I.D. No. 4221-332-0011-000/1). (Locollon, 21430 Glades C",.()ff Rood) 2. CHARLES A. WHITE. lor Preliminary and Final Planned Unit Develop- ment approval lor the project known os Pine Summll - PUD. and lor 0 Chonge in Zoning from the RM-5 (Res1dentIol. Multiple-Family - 5 du/ oatiL CO (Commen:Io~ OffICe). and CG (Com.....cial. GeneraQ Zoning DIstricts to the PUD (plonned Unll Development - Pine Summit) Zoning DIstrict for the following described ~ A parcel of land lying In SectIon 22 & 23. Towmhlp 36 South. Range 40 East and being more partlculoriy desalbed as foil""" Commence 01 the northeasl com« of soid SectIon 22; thenco South OO'OB'oo" West. along the eostllne of sold Section 22. 0 dlstonœ of 116276foet to the Point o/Beglnnlng; thence continue South OO'OB'oo" W.... along the eostllne of soid SectIon 22. 0 distance of 455.46 feet to o CUf\'O concave to the northeosI. having 0 radius of 1130.00 fool; thence southoosterly. through a contral anglo 0/ 36'53'24". an orc distance of 727.56 feet 10 a non-tongent Inlonectlon; thence South 05'03'43" West. a distance of 67.16 feot, thence South 47'15'56" W.... a distance of 115.13 feet to a CUf\'O concave to tho sautheasI. having a radius of B15.oo feel; thence south_lerty. through a contral anglo 0114'46'«". on Of( distance 01 210.22 feel to a non-tangent I-..ction; thence South 00'08'00" West. a distance 01 319.Bl feet; thence North B9'51'oo" West. a distance 011134.90 feet; thence North 27'32'30" West. parallel with tho eost rlght-d-way line 01 U.s. Highway No. 1 (Stolo Road No. 5). a distance 01 615.02 feet; thence North B9'52'00" West. a distance 0/ 58.36 feet; thence North 00'10'504" East. a distance 0/300.00 feet; thence North 89'52'00" W.... a distance 0199.23 feet; thence North 27'32'30" Wost. para"eI with sold.... rlght-d-way line 01 U.s. Highway No.1. a distance 0/ 109.35 feet; thence North 25'26'45" W.... a distance 01 B09.21 feet ta a point on the eost line of tho ...... hall 01 tho north...... quarter 01 tho northeast quarter 01 sold Section 22; thence North 00'10'54" East. along soid eost line. a distance 0/181.00 feet; thence North 89'50'24" W..~ parallel with tho south line 01 tho north_f qua..... 01 tho northeast quart« 01 said Section 22. a distance 0/ 459.78 feet. to a point on tho .... rIgfd-d-way line o/sold U.S. Highway No.1. sold.... right-of-way Ane being a CUf\'O concove to tho east. having a radius of 1832.08 f.... a contral anglo 0/ 05'51'25". a chord distanco of 187.20 loot, and a chord bearing 01 North 17'45'35" Wosf; thence nottt..Iy aiang tho Of( 01 said CUf\'O and sold .... rlght-d-way line line, an arc distonce 01187.28 feot to tho wostorIy end 01 0 ag In told .... rtght-d-way AIIO; thenco North 75'10'07" East. a distance 0112.00 feot to the easteriy end o/sold ag. sold eo""ly end 0/ said ag being a point 01 a.noIII<o 01 a CUf\'O concovo ta tho eost and having a radiv. 011820.08 feet. a contral anglo 0113"55'17". a chord distance 01 441.15 foet and a chord bearing of North 07'52'14" W..., thence northorty along tho arc oI.ald CUf\'O and sold east right-of-way Ii... an Of( dlstanco 01 442.23 foet. ta a point 0/ Intonoctlon with a non-radial line. a radial to said point bears South 89'05'24" W...; thence South 89'52'00" East. porafIeI with tho north line 0/ Section 22. a dlstanco 01 263.42 feet; thenco North 00'05'33" Easf. porallol with the easterly rlght-d-way line 01 sold US Highway No. 1. a distance 01 330.00 feet. to a point on tho south line 01 tho north 120.00 foet 0/ tho ...... half of tho northwost quorIor of tho northeast quarter 01 SectIon 22; thence South 89'52'00" East, aiang tho south line 01 tho north 120.00 feet of tho ...... half 01 tho northwost quart« of tho northeast quart.. 01 sold SectIon 22, a distance 01 364.71 foet, to a point on tho .... line 01 tho ...... 60.00 feot 01 tho east hall 0/ .... nor1h...... quarter 01 tho northeosI quarter 01 said SodIon 22; thence South 00'10'504" W.... aiang tho .... line 01 tho _ 60.00 feot 01 tho .... hall 0/ tho north_, q_ of tho northea.t quarter. a distanco 01 700.00 foot, thence South 44'52'00" East. a distanco 01 484.74 foet ta tho south line of tho north 1162.76 f... 01 said SectIon 22; thence South 89'52'00" East. along sold south line. a distance 01 278.00 fool; thence South 00'08'00" West. a distance 01 117.00 feet; thence South 89'52'00" Ea.t. a distance of 270.00 feot; thence NartfI 00'08'00" East. o distance 01117.00 f..t; thenco South B9'52'00" East. along sold south line. a distonce 01 1026.93 feot ta tho east line of sold Section 22. retumlng to tho Point 01 BegIMlng. SaId parcel contains 77.80 acm. more or loss. (Tax I.D. NaL 3422-121- 0002-000/1 and 3422-120-0000-000/4). (lacatJon, East side of South U.S. Highway No. 1. appraxlmolely 500 foot South 01 tho entranco to tho Vlsta ~I. lucio Condominiums) PUBLIC HEARINGS will be held in the C""nty CommIssion Chambers. 3rd floor 0/ the Roger Poitras Adm;nistrotlon Annox Building. 2300 VIrginia Avenue, Fort Pierco. FloIida on September 7. 1999. begiMlng 01 7:00 P oM. or as soon thereafter as possible. PURSUANT TO SectIon 286.0105. Florida StaMes. W a person decides to appeal any decision made by a boord, agency, or commis- sion with respect to ony matt.- considered at a meeting or hearing. he will need 0 record 01 tho proceodlngs. and that. for such purpo.... he may need to ensure that 0 verbatim record of the proceedings rs made, which rICord includes the testimony and evldenco upon which the appeal Is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. flORIDA /S/ PAULA A. LEWIS. CHAIRMAN Pub" Aug. 26. 1999 íl.L 7(;.,,-,; ~' '....,i No. 7977 tHE NORtHWEST QUARTER OF tHE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 459.78 FEET, TO A POINT ON tHE EAST RIGHT-OF-WAY UNE OF SAID U.S. HIGHWAY NO.1, SAID EAST RIGHT-OF-WAY UNE BEING A CURVE CONCAVE TO tHE EAST, HAVING A RADIUS OF 1 B32.08 FEET, A CENTRAL ANGlE OF 05° 51'25' A CHORD DISTANCE OF 167.20 FEET, AND A CHORD BEARING OF NORtH 1 r 45'35' WEST; 1}iENCE NOImIERLY AlONG tHE ARC OF SAID CURVE AND SAID EAST RIGHT-oF-WAY UNE, AN ARC DISTANCE OF 167.26 FEET TO tHE WESTERlY END OF A JOG IN SAID EAST RIGHT-oF-WAY UNE; 1HENCE I NORIH 75' 10'07" EAST, A DlSl'ANCE Of 12.00 FEET TO tHE EASTERLY END Of SAID JOG, SAID EASTERLY END Of SAID JOG BEING A POINT Of CURVAIURE OF A CURVE CONCAVE TO tHE EAST AND HAVING A RADIUS Of 1820.06 FEET, A CENTRAL ANGLE OF 13° 55'17", A CHORD DISTANCE OF 441.15 FEET AND A CHORD BEARING Of NORTH or 52'14' WEST; tHENCE NORtHERlY AlONG tHE ARC Of SAID CURVE AND SAID EAST RIGHT-oF-WAY UNE, AN ARC DISTANCE Of 442.23 FEET, TO A POINT Of tNŒRSECTION WI1H A NON-RADIAL UNE, A RADIAl TO SAID POINT BEARS SOUIH 69" 05'24' WEST; tHENCE SOUIH 69" 52'00" EAST, PARAI.l.EL WI1H tHE NORTH UNE Of SECOON 22, A DISTANCE Of 263.42 FEET; tHENCE NORTH 00" 05'33' EAST, PAIW1.EL WI1H tHE EASTERLY RIGHT-oF-WAY UNE Of SAID us HIGHWAY NO, I, A DISTANCE Of 330.00 FEET, TO A POINT ON tHE SOU1H UNE Of tHE NORTH 120.00 FEET Of THE WEST IWf Of NORTHWEST QUARTER Of tHE NORTHEAST QUARTER Of SECTION 22; tHENCE SOU1H 89" 52'00" EAST, AlONG tHE SOUIH UNE Of tHE NORTH 120.00 FEET OF tHE WEST HAlF Of tHE NORTHWEST QUARTER Of tHE NORIHEAST QUARTER Of SAID SECTION 22, A DISTANCE OF 364.71 ÆET, TO A POINT ON THE EAST UNE Of tHE WEST 60.00 FEET Of THE EAST HAlF Of tHE NORTHWEST QUARTER Of tHE NORIHEAST QUARTER Of SAID SECTION 22; THENCE SOU1H 00" 10'54' WEST, AlONG THE EAST . UNE Of THE WEST 60.00 F.æT Of tHE EAST HALf Of THE NORTHWEST QUARTER Of tHE NORTHEAST QUARTER, A DISTANCE Of 700.00 ÆET: THENCE SOU1H 44' 52'00" EAST, A DISTANCE Of 484.74 FEET TO tHE SOU1H UNE OF THE NORTH 1162.76 FEET Of SAID SECTION 22; THENCE SOU1H 89" 52'00" EAST, AlONG SAID SOU1H UNE. A DISTANCE Of 278.00 ÆET; THENCE SOU1H 00" 08'00" WEST, A DISTANCE Of 117.00 FEET; tHENCE SOUTH 89" 52'00" EASf. A DISTANCE Of 2"70.00 ÆET; THENCE NORTH 00" 08'00' EAST, A DISTANCE Of 117.00 FEET: tHENCE SOUTH 89" 52'00' EAST, AlONG SAID SOUTH UNE, A DISTANCE Of 1026.93 FEET TO tHE EAST UNE Of SAID SECTION 22, RETURNING TO THE POINT Of BEGINNING. SAID PARCEL CONTAINS 77.80 ACRES, MORE OR l£SS. (Tax 1.0. Nos. 3422-121..()()02.()()(),11 and 3422-1~4). ST. LUCIE COUNtY BOARD OF COUNtY COMMISSIONERS PUBUC HEARING AGENDA SEPTEMBER 7, 1999 TO WHOM IT MAY CONCERN: NOTICE Is hereby given In accordance with Section 11.00.03 ot the Sf. Lucie County Land Development Code and In accordance with the provisions ot the Sf. Lucie County Comprehensive Plan, that the tollowing applicants have requested that the St. Lucie County Board ot County Commissioners consider their request as tollows: 1. BEVERLY SCHOENEBERG(Vikkl Aaron, Agent), to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 Zoning Disffk:t. SECTION 21, TOWNSHIP 37 SOUTH, RANGE 38 EAST. BEGIN AT THE INTERSECT10N OF THE NORTHWESTERLY RIGHT-oF-WAY Of GlADES CUT-OFF ROAD AND tHE WEST UNE Of SAID SECTION, THENCE NORTH 44° 43'30" EAST AlONG SAID RIGHT-oF-WAY 788.70 ÆET TO tHE POINT Of BEGINNING. THENCE CONTINUE AlONG SAID RIGHT-oF-WAY 239.37 FEET, THENCE NORTH 3r 03'16" WEST 663.16 ÆET. THENCE NORTH 01° 56'00" WEST 357.33 FEET, THENCE SOUTH 66° 04'00' WEST 365.73 FEET TO tHE WEST SEC110N UNE. THENCE SOUIH 01" 56'00" EAST AlONG SAID SECTION LN 338.34 FEET, THENCE NORTH 88" 04'00" EAST 198.00 ÆET, THENCE SOU1H 29" 17'24" EAST 817.37 ÆET TO tHE POINT Of BEGINNING. (6.05 AC (OR 1221-985) (Tax f.D. No. 4221-332-OQl1.()()(),11). (location: 21430 Glades CuI-Off Road) 2. CHARLES A. WHITE, tor Preliminary and Flnol Planned Unit Development approval tor the project known as Pine Summil - PUD, and tor a Change In Zoning 110m the RM-5 (Resldenflal, Multiple-family - 5 du/acre), CO (CommerCial, Office), and CG (Commercial, GeneraQ Zoning DIstricts to the PUD (Planned Unit Development - Pine SUmmit) Zoning District tor the tollowing described property: A PARCB. Of lAND LYING IN SECTION 22 ~ 23, TOWNSHIP 36 SOUTH. RANGE 40 EAST AND BEING MORE PAR11CUtARlY DESCRIBED /IS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER Of SAID SECT10N 22; tHENCE SOUTH 00" 08'00" WEST, AlONG tHE EAST LN Of SAID SECTION 22, A DISTANCE Of 1162.76 FEET TO THE POINT OF BEGINNING; tHENCE CONT1NUE SOUTH 00" 08'00· WEST, AlONG THE EAST lINE Of SA[) SECTION 22.. A. DISTANCE Of 455.46 FEET TO A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS Of 1130.00 FEET; THENCE SOU1HfASTERlY, THROUGH ACEN11W.ANGLE Of 36" 53'24", AN ARC DISTANCE Of 727.56 ÆET TO A NON-TANGENT INTERSECTION; THENCE SOU1H 05" 03'43' WEST, A DISTANCE OF 67.18 FEET, THENCE SOU1H 4r 15'56" WEST, A DISTANCE Of 115.13 ÆET TO A CURVE CONCAVE TO THE sotI1tÆASt HAVING A. RADIUS Of 815.00 FEET. THENCE SOUIHWESTERlY, THROUGH A. CENTRAL ANGLE Of 14" 46'44", AN ARC DISTANCE Of 210.22 ÆET TO A NON-TANGENT INTERSECTION; THENCE SOUTH 00" 08'00" WEST. A DISTANCE Of 319.81 FEET, THENCE NORTH 89" 51'00" WEST, A DISTANCE OF 1134.90 FEET; tHENCE NORIH 2r 32'30" WEST, PAIW1.EL WI1H THE EAST RIGHT-oF-WAY UNE Of U.S. HIGHWAY NO.1 lSTATE ROAD NO.5). A DISTANCE Of 615.02 FEET; THENCE NORTH 89" 52'00" WEST, A DISTANCE OF 58.36 ÆET; THENCE NORTH 00" 10'54· EAST, A DISTANCE OF 300.00 FEET; THENCE NORTH 89" 52'OO~ WEST, A DISTANCE OF 99.23 FEET; THENCE NORIH 2r 32'30' WEST, PAIW1.EL WI1H SAID EAST RIGHT-oF-WAY UNE OF U.S. HIGHWAY NO. I, A DISTANCE Of 109.35 FEET; THENCE NORTH 25' 26'45" WEST, A DISTANCE Of 809.21 FEET; TO A POINT ON THE EAST UNE Of tHE WEST HAlF Of tHE NORTHWEST QUARTER Of tHE NORIHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 00" 10'54' EAST. AlONG SAID EAST UNE, A DISTANCE OF 181.00 FEET; THENCE NORTH 69" 50'24' WEST, PARAlLEL WI1H tHE SOUIH UNE Of (locaIIon: East IIde of South U.S. HIghway No. I, approxtmately 500 teet South of the entrance to the Vbta St. lucie CondomInIums) PUBlIC HEARINGS wlU be held In the County CommJssIon Chambers, 3rd fica¡ ot the Roger PoItras AdmJnlsllation Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida on 5eptember 7, 1999, beginning at 7:00 P.M. or as soon Ihereaffer as possible. PURSUANT TO Section 286.0105. Florida StaMes, If a person decides to appeal any decision made by a board, agency, Of commission with respect to any mailer considered at a meeting or hearing, he will need a record ot the proceedings, and that, tor such purposes, he may need to ensure that a verbatim record ot the proceedings is made, which record Includes the testimony and evidence upon which the appeal Is to be based. BOARD OF COUN1Y COMMISSIONERS ST. LUCIE COUN1Y. flORIDA ISI PAULA A. LEWIS, CHAIRMAN Publish: August 26. 1999 : Iu. b U/~L...- '-" .....,J PLANNING AND ZONING COMMISSION REVIEW: 06/17/99 File Number SP-98-0501RZ-99-014 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission Planning Manager d?'L June 9, 1999 FROM: DATE: SUBJECT: Application of Charles A. White, for Preliminary Planned Unit Development approval for the Project Known as Pine Summit - PUD, and for a Change in Zoning ITom the RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), and CG (Commercial, General) Zoning Districts to the PUD (planned Unit Development - Pine Summit) Zoning District. LOCNfION: East side of South U.S. HighwayNo. 1, immediately south of- the Vista St. Lucie condominiums. EXISTING ZONING: RM-5 (Residential, Multiple-Family - 5 du/acre), CO (Commercial, Office), ~d çq .cCo~ercjal, General) Zoning Districts PROPOSED ZONING: PUD (planned Unit Development - Pine Summit) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 77.80 acres PROPOSED USE: 174 Single-Family Lots and 42 Duplex Units for a total of 216 Units SURROUNDING ZONING: RM-9 (Residential, Multiple-Family - 9 du/acre) to the north. CO (Commercial, Office) and CG (Commercial, General) to the west. RM-5 (Residential, Multiple-Family - 5 du/acre) to the east SURROUNDING LAND USES: RM (Residential Medium) to the north, RU (Residential Urban) to the east, and COM (Commercial) to the west. '--' "wIÎ June 17, 1999 Page 2 Petition: Pine Summit - PUD File No: SP-98-050fRZ-99-014 FIRE/EMS PROTECTION: Station #3 (250 West Prima Vista Boulevard) is located approximately 2 miles to the west. UTILITY SERVICE: Water and sewer service will be provided by Port St. Lucie Utilities. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for U.S. Highway I is 100 feet. Additional right-of-way is not required as a result of this request. SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning is not in conflict with the St. Lucie County Land Development Code. The application for Preliminary Planned Unit Development approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been 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. This change in zoning '-' '....,I June 17, 1999 Page 3 Petition: Pine Summit - PUD File No: SP-98-050/RZ-99-014 will, for example, allow the applicant to develop the subject property in a manner that encourages innovative use of land. This Planned Unit Development will result in a lesser density than that which would be allowed under current zoning. There are 174 single-family lots and 42 duplex units for a total of216 units. If the subject property were developed at its maximum residential density, 389 units would be possible. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning and the accompanying Preliminary Planned Unit Development site plan have been detennined to be consistent with the general land uses in the surrounding area. The Future Land Use Maps of the St. Lucie County Comprehensive Plan indicate that the petitioned property is suitable for development at a density of up to 5 dwelling units per gross acre. The proposed development indicates a gross density of 2.78 units per acre. 4. Whether there have been changed conditions that require an amendment; There areÏio changes that would require an amendment. 5. Whether and the extel!t to which the proposed .amendment would result in demands on public facilities, and whether or to the extent to which the proposed - amendment would-exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan which is tied to this rezoning is expected to create additional demands on any public facilities in this area. Water and sewer service is available and will be provided by Port St. Lucie Utilities. In regard to access for the project, the only access to this site at the present is from a portion of property that fronts on South US Highway No.1, just to the north of Johnny's Comer Restaurant (north of Rio Mar Drive). The indications on the project site plan of "Lennard Road" and "Prima Vista Boulevard" are for the planned extension of these roadways. In addressing this issue the petitioners have acknowledged the County's project schedules for these roadways and have indicated that they will be able to adequately access their property from US Highway No. 1 for a limited period of time, with the ultimate plan being to utilize Prima Vista Boulevard/Lennard Road as the primary access point when it is constructed. The developers have further indicated through the traffic analysis submitted with this application that for this project to be developed, the Lennard Road/Prima Vista connection must be completed. '- ....., June 17, 1999 Page 4 Petition: Pine Summit - PUD File No: SP-98-050/RZ-99-014 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant through the PUD (planned Unit Development) process, has proposed a development plan that provides for the protection of environmentally sensitive areas. The applicant will need to obtain all 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 Commission. 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 existÏp.g.subdiyisions. The project is located on the east side of South U.S. Highway No.1 and would meet the goals of ilie Eastward Ho! policies of the Treasure Coast Regional Planning Council (TCRPC), which encourages the location of new development to areas of existing development. Vista St. Lucie condominiums are located to the north. St. Lucie Oaks apartments are located to the west across South U.S.- Highway No.- 1. - There are also many single family homes in the area. 8. Whether the proposed amendment would be in 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 216-Unit, Single-Family residential subdivision known as Pine Summit - PUD consisting of 174 Single-Family Lots and 42 Duplex Units. As a Planned Unit Development, the project proposes to develop the subject property with some flexibility, such as the establishing area and yard standards which are different from those required in standard zoning districts, and in the ability to cluster dwelling units to protect environmentally sensitive areas on site. The developer is thus able to reduce the environmental '-' 'WI June 17, 1999 Page 5 Petition: Pine Summit - POD File No: SP-98-0501RZ-99-014 impacts on the property to a greater degree than with more conventional development. The proposed development will preserve 25.49 acres (32.76%) of existing wetlands on site. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35% (27.23 acres) of the site must consist of open space, a minimwn of 15% (4.08 acres) of which must be native upland habitat preserved in its natural condition. The planned development maintains 45.51 % of the project area in open space. Wetlands account for 25.49 acres (32.76%), the recreation tract is 2.00 acres (2.57%), Common Open Space is 2.69 acres(3.46%), and Native Upland is 5.23 acres (6.72%). The remainder of the project of 42.39 acres (54.49%) consists of those areas designated for residential development. The open space calculations do not include any front, side, or back yards. As staff has reviewed this submission, an issue has emerged that effects the ability of the petitioner to construct this project. However, if this issue is properly addressed, it will not prohibit the development of this project. This issue is in regard to access to the project site. At present the only access to this site is from a portion of property that fronts on South US Highway No.1, just to the north of Johnny's Comer Restaurant (north of Rio Mar Drive). The indications on the project site plaJ) of "Lenn~d Road" and "Prima Vista Boulevard" are for the planned extension of these rooowa~. . -- In addressing this issue the petitioners have acknowledged the County's project schedules for these roadways and have indicated that they will be able to adequately access their property from - US Highway NQ.. 1 for. a limited period of time, with the ultimate plan being to utilize Prima Vista Boulevard/Lennard Road as the primary access point when it is constructed. The developers have further indicated through the traffic analysis submitted with this application that for this project to be developed, the Lennard RoadJPrima Vista connection must be completed. Staff has detennined that the proposed zoning designation and the Preliminary Planned Unit Development site plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives and policies of the St. Lucie County Comprehensive Plan with the exception of the comment dealing with access. This development will be at a density below that which is pennitted by the existing zoning and Future Land Use Designation of this property. In considering any approval actions, staff recommends that the following special condition be included in any recommendation to the Board of County Commissioners: No building pennits are to be issued for any residential structure in Phase III, IV or V until such time as the Lennard RoadlPrima Vista Boulevard is constructed from, at a minimwn, the project entrance to South U.S. Highway No. 1 in accordance with the specifications and standards of St. Lucie County. '-' ....,.¡ June 17, 1999 Page 6 Petition: Pine Summit - PUD File No: SP-98-0501RZ-99-0l4 Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to the referenced conditions. Please contact this office if you have any questions on this matter. Attachment hf cc: Charles A. White Richard Ladyko, E.I. File '-, "'-" CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7 .00,00 GENERAL PROVISIONS 7 .00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower developrT1ent costs; C. allow design options that encourage an environment of s~able character, compatible with surrounding land uses; and - D. permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, -and the provision of recreation areas and open space. 7.01.02 AUTHORizED USES A. PERMITTED USES Any permitted. conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); ResidentiaVConservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); ResidentiaVConservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential. Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home- 5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). Adopted August 1.1990 375 Revised Through 04/15/99 """. . "'" Section 7.01.00 Planned Unit Development B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial. Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs. bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (S) contiguous acres of land under common ownership or control. B. DENSITY The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(M}(8} shall gövem. C. AREA. YARD, AND HEIGHT REQUIREMENTS Area. yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit. site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overfay Zone shall apply. D. PUBLIC FACILITIES 1 . The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems. and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County- Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). Adopted August 1, 1990 376 Revised Through 04115199 ~ '-" Section 7.01.00 Planned Unit Development 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dwelling unit, or other use permitted in the Planned Unit Develop~~mt shall have access to a public street either directly or through an approved private road, a pedestrian way. or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project. or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creating traffic hazards or congestion on any street. 5. Streets in a Planned Uliit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances. however. variations to the standard minimum right-of- way widths may be considered -ªs part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±5° angle of ninety degrees (90°) unless circumstances acceptable to Sl Lucie- County indicate -a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline. 9. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length. a "Y" or "T" type of turn Adopted August 1, 1990 377 Revised Through 04/15/99 "-' '-" Section 7.01.00 Planned Unit Development around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, impr~;)V.ed with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of- way. 11. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. . F. PARKING AND LOADING 1. General Provisions a. The number, type, and location of parking spaces shall be deteOllined at the time of final Planned Unit Development plan approval. The determination of the number of . spaces required shall be based on Section 7.06.01 (F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code. and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. Adopted August 1, 1990 378 Revised Through 04/15/99 ~ """ Section 7.01.00 Planned Unit Development b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking In Planned Unit Developments, on street parking may be used so long as ~~ read on which the on-street parking is proposed lies entirely within the limits of the defined Planned Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped(parallel) handicapped(angled) 8 feet X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. G. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. H. LANDSCAPING AND NATURAL FEATURES . . - ~ . Native trees and vegetation and other natural features shall be preserved to the extent practicable. 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. I. OPEN SPACE STANDARDS 1. A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space. which may include, parks, recreation areas, bicycle and pedestrian paths and facilities. marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purposes or use other than street, road or drainage rights-of-way, above ground utilities, Adopted August 1,1990 379 Revised Through 04/15/99 - ~ '-' Section 7.01.00 Planned Unit Development excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space. For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percentper acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement. subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one of the following: a. The advance dedication of all common open space to a public. or acceptable private, agency that will, upon acceptance. agree to maintain the common open space and any buildings. structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, b. A phased conveyance of the land to a public or acceptable private agency that will. upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that haveJJeen placed on it. The schedule for the phased conveyance of any such lands to be used for common open space shall be a specific condition of approval for the Planned Unit Development. 2. - No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned _Unit Devel- opment. - . - - . . . - 3. Areas provided or reserved to meet any other environmental preservation or protection requirements- of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. J. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. PHASING 1. A Planned Unit Development may be developed in more than one stage or phase. Adopted August 1. 1990 380 Revised Through 04/15/99 - "-' ...., Section 7.01.00 Planned Unit Development 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commisªjon~rs. Unless otherwise amended by the Board of County Commissioners through the FinäfDevelopment Site Plan review process, the following sequence of development must be adhered to: a. One or more major recreation facilities and other major amenities. planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty (40) percent, or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi-phased development shall be completed or appropriate security posted prior to issuance of bUIlding or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, c. For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requir:m.ents in. Section 11.02.05. Adopted August 1,1990 381 Revised Through 04/15199 .. 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Nil.,),. i.N N M ~!N N N N M , = N NI~'N N NIN'N N N N,N N .....·N'N N N .....,N N N .....'N N N N.N ,ji~ ,~ ~~I~ ~ ; ;:;,-f'?..~ ~l~ ~l;f'?lf'?J!&~~I.~I~,?; ~ ~I~ ~ ~ ~I~ ¡ :¡ I d I 1 'I II II II II 1.·....·1 ë '~ ¡ ...... ¡fIJ '.... I.,:'¡I§ .... , - := ,.8 II ,., loS I, = II.... ¡I tJ 1:.8 I e ~ ,þþ- :1 ~ :.8 lø ~ ¡ I . 1- < 1= fIJ :.'.,., ë ~ i c.. = 1.9 .= : ~ U I ~ ,., il~ oS IÞ~ '¡.JIIIIIII ,....( II = 9 I, = 0'1 ]I 8 0'1 ¡I § ~ IU ,., ..... 0 10"'" 1- - = .~ ~ ~ l.š þþ , ,., = ~ = ..... Ie..::: ¡ ~ = :,~ ~ J:;~ w- ... <.:) ~ ~ >-" ~ U U Ñ - ..-,. - - - '-' """'" AGENDA REQUEST 5E ITEM NO. DATE: 09/07/99 CONSENT REGULAR PUBLIC HEARING [ X ] Leg. [] Quasi -Jud. [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ X ] [ ] APPROVED OTHER: County Attorney: . .~/ Community Development PRESENTED BY: 1=~n~'::~ ~¿~ Second Public Hearing on Draft Ordinance 99-017 - Petition of Jacquelene E. Veach amending the St. Lucie County Land Development Code by Amending Section 7.10.16(Q) (1) (A) (1) (c), to provide for the clarification of common use areas to refer to public or private roadways only. Draft Ordinance 99-017 proposes to amend Section 7.10.16(Q) (1) (A) (1) (c), of the St. Lucie County Land Development Code (LDC). This amendment would clarify the definition of common areas as used in Recreational Vehicle Parks. This is the second required public hearing on this ordinance. (File Number: PA-99-002) N/A The Planning and Zoning Commission, by a vote of 6 to 0 with 3 members absent (Mr. Matthes, Mr. Lounds, and Ms. Wesloski), modified and recommended approval of the request to clarify the definition of common areas as used in Recreational Vehicle Parks. On August 17, 1999, the Board held its first required hearing on Draft Ordinance 99-017. At that time, the Board authorized the conducting of the second, and final, public hearing on this ordinance to be held on September 7, 1999, to provide for the clarification of common use areas to refer to public or private roadways only. Staff recommends that the Board of County Commissioners approve Draft Ordinance 99-017, which amends the St. Lucie County Land Development Code by Amending Section 7.10.16 (Q) (1) (A) (1) (c), to provide for the clarification of common use areas to refer to public or private roadways only. DENIED as M. Anderson ty Administrator Review and Approvals Management' Budget: Purchasing: Originating Department: Finance: (Check for Copy only, if applicable) Other: Other: ¡, '-" "'" (: COUNTY COMMISSION REVIEW: September 7, 1999 Ordinance 99-017 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Board of County Commissioners From: Community Development Director Date: August 11, 1999 Subject: Draft Ordinance 99-017 - Petition of Jacque1ene E. Veach amending'the St. Lucie County Land Development Code by Amending Section 7. 10. 16(Q)(1)(A)(1)(c), to provide for the clarification of common use areas to refer to public or private roadways only. (File Number: TA-99-003) Attached is a copy of Draft Ordinance 99-017, which proposes to amend Section 7.1O.16(Q)(1)(A)(1)(c), of the St. Lucie County Land Development Code (LDC). This amendment would clarify the definition ofcómmon areas as used in Recreational-Vehicle Parks. This proposed LDC amendment was submitted by Jacquelene E. Veach in ac~ordance with the provision of Section 11.00.01 of the LDC. This petition was not initiated by St. Lucie County. The petitioner would like to amend the definition of common use areas as used in Section 7.1O.16(Q)(1)(A)(1(c), to clàrify-thàt coriùrion úses areas should refer to public or private roadways only when taking the setbacks for structures on side yard comers in recreational vehicle parks. Regular lots within R V Parks are considered to be zero lot line lots. The setbacks for these lots is 8 feet on the left side and 0 feet on the right side. For lots which are adjacent to common use areas that are utilized for pedestrian access, the setback from the pedestrian access is a minimum of 5 feet, regardless of whether the access is located on the left or the right side of the lot. The petitioner is proposing that the setbacks for all lots be the same for all lots, regardless of whether or not there is a pedestrian access adjacent to the lot. The petitioner believes that the current regulations of the LDC do not allow owners of lots in the Nettles Island development to fully utilize the space of their lots. In making any amendment to the TEXT of the Land Development Code, consideration must be given to the ramifications that the proposed change will have on the entire county and not to just one specific location. While this use may be appropriate for the Nettles Island development, it may not be appropriate for all RV Parks in the county. A review of the RV Parks on record in St. Lucie County and on South Hutchinson Island in particular indicate that Nettles Island is the only RV Park that has any common use areas between lots. Therefore, the amendment to the LDC regulations would only directly affect the residents of Nettles Island. " '-' ....., September 1, 1999 Page 2 Petition: Jacquelene E. Veach File No.: TA-99-001 On July 15, 1999, the St. Lucie County Planning and Zoning Commission held a public hearing on Draft Ordinance 99-017. At that hearing, and following the acceptance of public comments, the Planning and Zoning Commission recommended, by a vote of 6 to 0 with three members absent, that the Board of County Commissioners approve a modification of the requested change in text to clarify that common uses areas should refer to public or private roadways only when taking the setbacks for structures on side yard comers in recreational vehicle parks. The modification has been included in the attached draft ordinance. On August 17, 1999, this Board held the first of two required public hearings on Draft Ordinance 99-017. At that time Commissioner Coward asked staff if the changes submitted to the Board by Ms. ZelIa Brown would be met by the proposed ordinance. Because staff was not provided a copy of Ms. Brown's documents prior to the public hearing, it was agreed that staff would review her comments prior to the second public hearing and address her concerns at that time. No other comments were presented by the public. Staffhas reviewed the request and recommends approval of a change to the text of the LDC which would clarify the definition of common uses areas to refer to public or private roadways only as set forth in Draft Ordinance 99-017. Please let us know if you have any questions. hf cc: Jacquelene E. Veach Ted Oakes Zelia Brown 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 'T \..I '-II ORDINANCE 99-017 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.16(Q) (1) (a) (1) (c), TO PROVIDE FOR THE CLARIFICATION OF COMMON USE AREAS TO REFER TO PUBLIC OR PRIVATE ROAD RIGHTS-OF-WAY; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners adopted certain amendments to the St. Lucie County Land Developmeñt Code, through the following Ordinances: 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 96-10 - 97-09 - 98-01 - March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16. 1994 January 10, 1995 August 6, 1996 October 7, 1997 February 2,1999 May 14, 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 February 21, 1995 March 4, 1997 September 2,1997 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 95-02 - 97-01 - 97-23 - 3. On July 15,1999, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. - -- - -- - - - - - - - -- - -- -- ----- - --- -- --- - - - ------------ nOl]hl p Und~rl; np is for addition Rrrikp Thrmlgh is for deletion Ordinance 99-017 1st Draft Page 1 Print Date: 07/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 J ~ \wi .....I 4. On , 199_, 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 Tribune on , 199 . 5. On , 199 , 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 Tribune on , 199_. 6. The proposed amendment to the St. Lucie County Land Development Code is 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 citiz~ns of St. Lucie County, Florida. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: ******************************** CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7,10.00 SUPPLEMENTAL STANDARDS 7.10.16 RECREATIONAL VEHICLE PARKS ----- - - -- - - --- -- - ---------- -- --- - -- - -- --- --- --- Double tJnd~rlinp- is for addition F;f"rikp Thrnngh is for deletion Ordinance 99-017 1st Draft Page 2 Print Date: 07/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 PART B. '-' ....; PARAGRAPHS A THROUGH Q (1) (A) (1) (A) NO CHANGES (b) side yard eight (8) feet unobstructed on the left side and zero (0) feet on the right side when facing the lot from the center of the main street frontage. In the absence of recorded lots lines, a minimum eight (8) feet unobstructed between adj acent units shall be required. (c) side yard corner eight (8) foot left side and five (5) foot right side when facing the lot from the center of the main street frontage (includes all properties adjacent to ~ommnn l1R~ ;:¡rp;:¡R Dublic and nrivate roadwavs). In the absence of recorded lot, lines, a minimum eight (8) feet unobstructed between adjacent units and five (5) feet from any common use area shall be required. (d) rear yard five (5) feet. Note: The front yard setback for special situation lots shall be five feet. Special situation lots include those lots in which the longest property dimension is found along the street frontage. Common lIS'" ar",as sha]] r",f"'r_ to nuhl ; ~ anti nrivarp roañWAVA nn]v TIOt:R a.ñ;a.cp-:nt: t.o nedPRrrian aCCPRQ Aha.ll not. hp ~onRiñpreñ cornPT lot.s For lots with double street frontage, the front yard shall be identified on the approved site plan of the particular Recreational Vehicle Park, which shall be kept on file with the Communj,ty. Development Department. The front yard for a block of double frontage shall be consistent the length of that block. Double frontage lots are not eligible for special situation consideration or designation. Any deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. PARAGRAPHS Q(1) (A) (2) THROUGH Q(2) NO CHANGES CONFLICTING PROVISIONS. Special acts of .the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and Ordinance 99-017 ist Draft - - - - - - - - -- - -- - -- ------ ----- -- ---- - - -- - -- ----- nnl]hl~ tJnnprlinp is for addition !,;t-rikp Through is for deletion Page 3 Print Date: 07/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 '-' ....I County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining 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 D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Depártment of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis xxx Vice-Chairman John D. Bruhn xxx - - - - -- - - - - -- --- - ----- ---- -- ------ - ----------- nn11hl~ Unnpr1inp is for addition !::t-rikp Thrrmgh is for deletion Ordinance 99-017 1:st Draft Page 4 Print Date: 07/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ~ '....I Commissioner Frannie Hutchinson xxx Commissioner Cliff Barnes xxx Commissioner Doug Coward xxx PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be re-numbered or re-lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this ____ day of , 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN . APPROVED AS- TO FORM AND CORRECTNESS: COUNTY ATTORNEY hf H,\WP\ORD\99-017 - - - - - - - - - - - -- -- - ------------- ---------------- Donhlp tJnnprlinp is for addition ~trikp Thrrn1gh is for deletion Ordinance 99-017 1st Draft Page 5 Print Date: 07/08/99 ,-,. -....I PUBLIC HEARING DRAFT ORDINANCE 99-017 Mr. Hank Flores presented staff comments. Mr. Hank Flores that he was presenting Draft Ordinance 99-017 which proposes to amend the St. Lucie County Land Development Code by amending Section 7. 10. 16(Q)(I)(a)(I)(c) to provide for the clarification of common use areas to refer to public and private road rights-of-way only. Mr. Flores stated that the proposed amendment was submitted by J acquelene E. Veach in accordance with the provisions of the St. Lucie Land Development Code. Mr. Flores stated that the petitioner would like to amend the definition of common use areas as used in Section 7.1 0.16(Q)(1)( a)(1)( c), to clarify that common use areas should refer to public or private rights-of-way only when measuring the setbacks for structures on side yard comers in recreational vehicle parks. Regular lots within RV Parks are considered to be zero lot line lots. The setbacks for these lots are eight (8) feet on the left and zero (0) feet on the right when facing the lot from the roadway. For lots which are adjacent to common use areas that are utilized for pedestrian access, the setback 1Ì"om the pedestrian access is a minimum of five (5) feet, regardless of whether the access is located on the left or the right side of the lot. The petitioner is proposing that the setbacks for all lots be the same for all lots, regardless of whether or not there is a pedestrian access adjacent to that lot. The petitioner believes that the current regulations ofthe St. Lucie County Land Development Code do not allow owners oflots in the Nettles Island development to fully utilize the space of their lots. Mr. Flores stated that in making any amendments to the text of the St. Lucie County Land Development Code, consideration must be given to the ramifications that the proposed change will have on the entire County and not to just one specific lòcation. While this usè may be-appropriäte for the Nettles Island development, it may not be appropriate for all RV Parks in the County. Mr. Flores stated that a review of the RV Parks on record in St. Lucie County and on South Hutchinson Island in particular indicates that Nettles Island is the only RV Park that has any common use areas between lots. Therefore, the amendment to the 8t. Lucie County Land Development Code regulations would only directly affect the residents of Nettles Island. Mr. Flores stated that staffhas reviewed the request and recommends approval of a change to the text of the 8t. Lucie County Land Development Code as stated in Ordinance 99-017. Chairman Wesloski asked if there were any questions for Mr. Flores. Mr. Moore asked Mr. Flores what negative ramifications this could have on future RV Parks. Mr. Flores stated that he is not aware of any negative ramifications on future RV Parks. He stated Planning & Zoning Commission! Local Planning Agency July IS, 1999 Page 27 '-' ~ that Holiday Out and Adventure Out do not have pedestrian access between lots. He stated that this provision ofthe St. Lucie County Land Development Code directly affects only the Nettles Island development. Mr. Moore asked Mr. Flores if he could foresee any negative impacts for future RV Parks. Mr. Flores stated no. Mr. Grande stated that the staffmemorandwn states that "A review of the RV Parks on record in St. Lucie County and on South Hutchinson Island in particular". He asked Mr. Flores ifhe looked at the rest of the County as well as South Hutchinson Island, in that this is not going to affect anything else. Mr. Flores stated yes. Mr. Grande asked Mr. Flores how this concept (Ordinance 96-010) became a part of the St. Lucie County Land Development Code. Mr. Flores stated that he did not know. He stated that residents have requested variances from this particular provision and staff recommend denial because they did not prove a hardship. The only way around this is to amend the St. Lucie County Land Development Code. Mr. Grande asked Mr. Flores if anyone has ever identified a reason why this Ordinance (96-010) was put in place in the first place:- Ms. Shewchuk stated that when this Ordinance (96-010) was put into effect, typically in the zoning ordinance and in all Zoning Districts have comer side setbacks for structures that are larger than re~~ar s~de setback~ for structures. The reason for this is to provide for safety and a side distance in proximity and adjacent to public right-of-ways to roads to provide security for the residents from the vehicles and vice versa. The same situation was put into effect in the R V Parks and this section refers only to the RV Parks where an extra five foot comer side setbacks to separate the structures ftom the public right-of-way. This was also applied to pedestrian access ways which are in between the lots because they are also referred to as common areas. Ms. Dreyer asked Mr. Flores if this Draft Ordinance would only apply to the setbacks to public and private rights-of-way and exclude other types of common use areas. Mr. Flores stated that the current provisions state that you must maintain five feet on all sides including the pedestrian area. The proposed language allows the same setbacks for all lots regardless of whether you are adjacent to a common use areas or not. Ms. Dreyer asked Mr. Flores ifthe structure could abut the pedestrian walkway. Mr. Flores stated yes. Planning & Zoning Commission/ Local Planning Agency July IS, 1999 Page 28 '-'" "-" Ms. Dreyer asked Mr. Flores ifthis is what the residents want. Mr. Flores stated yes. Chairman Wesloski asked ifthere were any further questions for Mr. Flores. At this time, Chairman Wesloski opened the public portion of the hearing. Chairman Wesloski asked if there was anyone that would like to speak in favor of or in opposition to this Draft Ordinance. Ms. ZelIa Brown, unit owner at Nettles Island, addressed the Board. Ms. Brown stated that Nettles Island, Inc. is an entity of its own. She stated that they fall under Corporate Law 617 which is not for profit. She stated that they maintain their roads, they have their own garbage trucks, they are an entity of their own. She stated that their zoning is HIRD (Hutchinson Island Residential District). The County has allowed them to build single-family residences. Ms. Brown stated that she is one of fifty five unit owners who feel they are being penalized for owning three sided lots (which have been referred to as comer lots). They are asking that the County not condemn five feet of their property because they are next to a common use area, they are being taxed and they pay taxes to the County on their survey. She stated that at the time their Board ask for the five foot to be included in the Ordinance (96-010) they thought they would gain three feet, but they cannot build between structures, only to their survey. If they are deprived of five feet, either side, whether it is ta the left-or to the right, they are cut dawn five feet on their building space. Ms. Brown stated that the wording on page 3 of Draft Ordinance 99-017, paragraph (c), "five (5) feet from any common use area shall be required" should be stricken. She stated that she is very concerned that the clarification of common use areas to refer to public or private road rights-of-way only, is bypassing the- five foòt they- are being penalized for, because their land is near a common area. She stated that if she were to move her 1980 trailer to build a single-family residence, she would be penalized five foot of her property that she is paying taxes on. Ms. Brown stated that Nettles Island is referred to as a Recreational Vehicle Park. They are not. They fall under the County Ordinance of a Recreational Vehicle Park. They are zoned HIRD (Hutchinson Island Residential District). She is not sure how the roads and the right-of-ways were entered into this petition. Mr. Grande asked Ms. Brown if she would agree that Draft Ordinance 99-017 should be passed as presented by staff. Ms. Brown stated no. She would like the wording "five foot on either side of a common use area" deleted. She stated leave the words "right-of-way" as far as roads. She stated that their roads are private and they maintain them. . She stated that the roads should not enter into this request for an Ordinance change at all. Planning & Zoning Commission! Local Planning Agency July 15, 1999 Page 29 \...,f ..." Chairman Wesloski asked Mr. Flores if the Draft Ordinance is for St. Lucie County and not for Nettles Island is that why the wording "public and private rights-of-way" is included. Mr. Flores stated yes. Ms. Dreyer asked Ms. Brown if Nettles Island, Inc. has lot lines. Ms. Brown stated yes. Ms. Dreyer stated that the way she reads the last sentence in paragraph ( c), side yard comer, is that the setbacks only apply in the absence of recorded lot lines. Ms. Brown stated that all residents have a survey on record. Ms. Dreyer asked Ms. Brown if Nettles Island, Inc. is a platted recorded lot line. Ms. Brown stated yes. Ms. Dreyer stated that Ms. Brown is requesting that the five feet fÌ'om any common use area be deleted. She stated that she believes that only applies in the absence of recorded lot lines under this particular section of the St. Lucie County Land Development Code, so it would not affect Nettles Island, Inc. Ms. Brown stated that it does affect Nettles Island, Inc. Mr. Kelly stated that paragraph (c) in Draft Ordinance 99"-017 speaks to side yard comer lots. He stated that a comer lot is a lot that abuts a street. He believes we need to maintain distance fÌ'om streets whether they are public or private, if there is vehicular use. The side comer section that has been referred to is intended to deal with streets. The objection is that it still maintains a five foot separation fÌ'om common use areas. He stated that stafIhas re-defined common use areas in the note to specifically state they are public and private roads. Common use areas are not pedestrian walkways. Mr. Kelly stated that Ms. Dreyer is correct in that "in the absence of recorded lot lines" would apply to an RV Park that does not have lots. It may just have pads and is typically a rental park. In those cases, you need to maintain a minimum of eight feet unobstructed between adjacent units and you need to still be five feet fÌ'om common use areas. Common use areas have been re-defined to be public and private roads and rights-of-way, they are not pedestrian. He does not see the conflict. Ms. Brown stated that they are having building permits turned down. Mr. Kelly stated that you will until this Draft Ordinance 99-017 is passed. Ms. Brown stated that they have one hundred and forty-one feet ofwaterftont area that does not have Planning & Zoning Commission/ Local Planning Agency July IS, 1999 Page 30 ~ ..",,; a walkway and Mr. Veach has lost three sales because of this clause. Mr. Kelly stated that staff tried to write Draft Ordinance 99-017 in very simple terms. If you have a lot line that is adjacent to anything other than a public or private right-of-way, then the rules are you can go zero feet or five feet depending on which side of the lot you are on. If you are adjacent to a public or private right-of-way (vehicular traffic) then you need to maintain the five feet. Ms. Dreyer asked Mr. Kelly if it would be possible to grant a variance to Nettles Island, Inc. as a whole and not amend the St. Lucie County Land Development Code. Mr. Kelly stated that the variance procedure is intended to look at individual circumstances. He stated that Nettles Island, Inc. may not be able to meet all of the tests for a variance, i.e., hardship, uniqueness and the other issues that go with variances. Mr. Grande asked Mr. Kelly if the specific language that Ms. Brown is concerned with does not apply to Nettles Island, Inc. because their lots are platted. Mr. Kelly stated that is correct. It does not apply to Nettles Island, Inc. It would not apply to other parks similarly situated where there are pedestrian rights-of-way. Mr. Grande asked Mr. Kelly if leaving the language as presented by staff will have no affect whatsoever on Nettles Island, Inc. because their lots are platted. Mr. Kelly stated yes. Chairman Wesloski stated that she believes there is still some confusion regarding common areas. Mr. Kelly stated that the Note reads "Common use areas shall refer to public and private rights-of- ways only." He stated that when the term "common use area" we are talking about "roads" and not pedestrian areas. He stated that the intent of "lots adjacent to pedestrian access shall not be considered corner lots" is that corner lots are only those lots that are adjacent to roadways. Mr. Moore asked Mr. Kelly ifthe sentence could be reworded to "the common use areas shall not refer to pedestrian rights-of-way". Mr. Kelly stated that canals are considered common use areas. He would not want to place a structure up against a canal right-of-way in other RV Parks. Ms. Dreyer suggested using "roadways". Mr. Bill Deiters, President of the Board of Directors at Nettles Island, addressed the Board. Mr. Deiters stated that they would like the deletion of the present rule that states the owner to the right of a sidewalk must give up five feet of their property. Planning & Zoning Commission/ Local Planning Agency July IS, 1999 Page 31 '-' ...I Mr. Deiters suggested that staff use "roads" and delete all language referring to common use areas. He stated that we cannot say "common use areas" because we have parking spaces next to bath houses that are next to a zero lot line side of a lot. He stated that if staff includes common use areas as roadways and parking spaces we cheat those residents out of five feet. He stated that if the wording "roadways" is used everything would be okay. As soon as you infiinge upon common use areas you are going to hurt the residents next to the parking lot. Chainnan Wesloski asked if there were any questions. Chainnan Wesloski asked if there was anyone else that would like to speak in favor of or in opposition to this Draft Ordinance. Mr. Mark Boston, Chainnan for the Nettles Island Political Action, 579 Nettles Boulevard, Jensen Beach, addressed the Board. Mr. Boston stated that he has five letters from residents who are away or were not able to attend tonight. Mr. Veach and the Nettles Island Builder were also not available tonight. Mr. Boston stated that all the residents want is their five foot back on the sidewalk easements, so they can build their homes. He stated that there have been many homes built and double-wides put in over the years on the five foot. Last year this was stopped and many residents sold their lots. Many residents are waiting for this five foot piece of property next to the sidewalk easement to be dropped so they can build on the zero lot lines. Chainnan Wesloski asked Mr. Boston if he would like to submit the five letters for the record. Mr. Boston stated yes. Ms. Young stated that she had an opportunity to speak with staff regarding the language in Draft Ordinance 99-017. Staff proposes the sentence in paragraph (c), side yard comer, "public ana private rights-of-way" be changed to read "public and private roadways". This clears up the canal concerns raised by Ms. Brown. The same change should also be made in the Note. Ms. Young stated that the last sentence in the Note "Lots adjacent to pedestrian access shall not be considered comer lots" addresses a lot that has a street in front, and a sidewalk on the side. If you own a lot of this type rather than being a (c) side yard comer, you would be a (b) side yard, and because the lots in Nettles Island are recorded, you would have the eight feet unobstructed on the left side and zero on the right side, the same as your neighbors. Ms. Young stated that she believes these changes address the concerns of the residents here tonight. Changing the language from rights-of-way which could be considered as a canal, to roadways. The reason behind this was safety from vehicular traffic, then you allow someone on a canal to have the eight and zero foot consideration. Ms. Pat Miller, resident of Nettles Island and Condominium Manager, Jensen Beach, addressed the Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 32 \..of '-'" Board. Ms. Miller stated that five feet may not sound like a lot, but these lots are thirty five feet wide, sixty five feet deep. If you take five feet away, you are talking a considerable amount of square footage when your building a home. With the new language that is being proposed, everyone will have equal use of their land, regardless of whether you are located next to the sidewalk. The residents who have a sidewalk, even with a zero lot line, end up with more than eight feet between their neighbor and their home. Ms. Miller stated that the current language states those RV lots that have not been platted. That should have excluded Nettles Island rrom the entire five foot issue. It very clearly stated unless there are no lot lines established, then the rule is put into play. As a result of the interpretation there are residents in this room who spent five hundred dollars in an attempt to obtain a variance and were denied. She does not believe the variance should have been required in the first place. The interpretation would indicate that Nettles Island should not have fallen under that particular paragraph. Chairman Wesloski asked if there was anyone else that would like to speak in favor of or in opposition to this Draft Ordinance. Hearing no further arguments in favor of or in opposition to the petition, Chairman WesIoski closed the public portion of the hearing. Chairman Wesloski asked ifthere were any questions or discussion. Mr. Grande asked Mr. Deiters if the language proposed by Ms. Young would specifically meet his concerns. Mr. Deiters stated yes. Chairman Wesloski asked what would be the pleasure of the Board. After considering the testimony presented during the public hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St. Lucie County Land Development Code, Mr. Grande moved that the Planning and Zoning Commission forward a recommendation of approval of Draft Ordinance 99-017, as amended by Ms. Young's comments to the St. Lucie County Board of County Commissioners because it meets all of the objectives of the residents and does not contradict anything that exists currently in the County. Mr. McCurdy seconded the motion. Chairman Wesloski asked if there was any discussion. Upon roll call, the motion was approved, 6-0. Chairman Wesloski stated that Draft Ordinance 99-017 would be fOlwarded to the Board of County Planning & Zoning Commission/ Local Planning Agency July 15, 1999 Page 33 \wi ....." Commissioners with a recommendation of approval with the changes that were made in the motion. Planning & Zoning Commissionl Local Planning Agency July IS, 1999 Page 34 '-' Memorandum 'wtI fõ)Œ@ffiD\YlŒfñ) Uù AlX) I 9 I9æ æJ To: Dennis Murphy From: Shirley Burlingham.! ~ /1.u.t--¡;¡:; COMMUNITY DEVELOPMENT ST. LUCIE COUNTY FL Subject: Ordinance No. 99-017 Clarification of common use areas to refer to public or private rights-of-way. Date: August 18, 1999 The above Ordinance presented at the August 17, 1999 Commissioners Meeting was very confusing and I am not sure what Zella Brown was trying to do. If she was trying to solve a problem at Nettle's Island, why this way. I don't think we can single out one area and this would involve all parks existing and in the future. Further more, how can we call what Nettl~.' s Island has become a Recreational Vehicle Park? Two story homes certainly make it a residential park. Ocean Resorts is registered with the state as a Residential Park with Recreational Vehicle sites. We only have a few empty lots left and we no longer rent them to the public. They are rented by the owner and not by our park. The County created the Administrative Variance for a fee of $50 to take care of smaIl problems. Our roads are all private roads (2.8 miles). We have common areas and set backs as well. Therefore, we are very concerned that what she is req'!esting would apply to all parks in the County. What about the new one? Outdoor Resorts? Please let me know if there is any change to be made. We want to add our input ifit applies to us. We also might want to change our By- Laws to become more stringent than the County if her proposal is not in our best interest and should be adopted by the Commissioners. - Thanks for your help, Dennis. The sidewalk is looking good. I have seen a bicycle rider on the part that is finished. I think that is telling us that it is really appreciated. ~~ iL£i¡~ -S.3/d ~~a-oL ß. d~~J :/.2. .. J r¡/,SI r ~ t..".I '- ~t:~[~\ ~~~. ï ~J!tj ,Q ~'- .w .(/ ''..¿ìÒR\\)~>/; ....~~_._.~ ........._, '" PLANNJNU A.NV ZON~Nt:..iRß.VmW: .11!íy 15, ~~¡;;I) .l\1 E 1\tl 0 RA N n u j\'1 UEPAR1"M¡';N"f 01" COMMUNITY DEVELOPMENT ¡<rom: Plaunu¡g ¡md Zoning CoAuuÌliSÍOTl ~lanoíug MélIl~e.r (k:¿. JuJy 6. 1999 T\): Date' .l.)raft OrdínanÇt~ 99-017 - PetÍfion of Jacquc1cnc R Veach ~mendìng the St J..ude County Land Devclopmçnt Code: by hmondìng Se-otWll 7.1 O,16(9)( 1)( A)( j J<. ,). to ltfovide for th:::~!icatio~Of common use ar~.t9_~rC! ~~ public or pri\'at~ road ~r.w~.. !!Y' (FiIeN~ber:TAw99.Q(?3)·' " ---. Attached is a t.lup)' of t>taft Ordinance 99"()17. which proposes to amend S«lion 7.1 O.16(Q)(1 )(A)(l)«(:). of th~ St. 1. uciC" COlWty Ltlnd J)P.v~t0I'menf ('od~ ,tDC). This amendmçnt wO'uld clarify the: definition of common areas as u.o;¡ed in Recreational V chicle P8Iks. This pror·osc:d LDC amendment was submitted by Jacquclene E. Veach ìn accordance wí1h the provision of SectÍuß 1 J .00.01 of the LJJC, This petition was not ìn1t1ated by St. Lucie Count), 4:111\1 i:) pn."Svnleó ~ proposed. ~U~j(~l~t: Tb~ petitioner would hk.e to amend the definition of common Uoore areas as; used in SC<;Û\'l1 7.1 O.16(Q)(1 )(A)( l (c), to clarifY that common USes ØI'e$ should I'eiCr to public or private rigbts-ot:. way only whm measuting the ~b~ for ÃtllCtw"cJ on $ide: yanl comers in l'ÇÇJ"Cftt'ÌolU11 vehiokt parks. Rq..ru1ar lots within RV Parks are considered to be l.-eIO lot line lots. l'be setback& for the.~c lots are 8 feet 011 the left sick and "feet on tøc right side. when fiIaing the lot ftom the: strcef. }o'or luts wbich are adjacent to common usc areas that arc utilized forpedc:strian access, tbe setback hom tbe pedestrian access is a mimmum of 5 feet. regædlcss of whether the access ìs located un tbc left or ligbt side of the Jot" lhc pot11ionor iG propo£ÌDg that the 5õ~back$IOr alllotg b~ tli.e ~me for tiH 1uf.~. regardless of whether or not there is a pedestrian access adjacent to the lot. The petitioner believes that the Guaent regulations oftbe LDC do not allow owners oflots in the Nettles Island dcv'clúpment to fully utilize the space of their lots. III m:tking any mnendro.cnt to the TEXT ('fthe t .and Development Code. c-.onsideratìon must. be JOVeJ1 tQ the [",41nifications that the proposed change will bave on tbe entin count)' and not to just one s¡'>ccifîc lo"dtíon. Whih: thi6 use may be appropriate: tOr the Nettles Island development, it may 110t be appropriate for all RV P91'Þ in the couuty. A ",,¡view oftbc RV Farka on n;çord in $t, Lucie County and on South Hutchinoon Island in particular indicatts that Nettles lslend is the {tf¡}y R V Patk that has any common use araasbetween lots. Th«:refore, the amendment to the LDC regulations would only directly affect the residents of Nettles Island, " " 1 2 J " 5 6 '7 a 9 10 11 12 13 14 15 16 17 18 19 2ù 21 22 23 24 25 ?r.: 29 30 31 2. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 .-- --. -- - - - - - - - - Ordinance n96-010a Draft 111 ('-' ~ (cg) rear yar.d ¿:¡ reas). I n the ëtb[lenc(~ ~cord~? .lot: 1 ines;-:i rru n lmt~m e1ght:: ---Í.£Ù. fe(~t tiïïõ1Jsfrü'ëted- bët:We~n ?d;¡¡Cent: units ~nd t~ (5 feet from any conrnlon use area sh~ be' required. five (5) feet. . Note: The fx'ont yard s~tback for speci¡¡l sit;uðLioIl lots shall be five feet. Special situation lots include those lots in which tha longest p rope rt}' dim~nf'.i()n is found along the street frontage. For lots with double street frontage, the front yard shall be identified on the approved site plan of the particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontage shall be consistent the length of that block. Double frontage lots are not el igible for special situation consideration or designation. Any 'deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adj ustment in accordance with Sectioñ -10.01.00. In all recreational vehicle parks created after August ~, 1990, includiñg the expansion of any existing recreational vehicle park. (a) (b) front yard side yard twenty (20) feet ten (10) feet unobatructcd between ~ left side and ?ero (0) feet on the ri~t~~ side when facinq the ot l:rom the center of the main street frontaqe_ In the absence of recordeci~t 1 ines =-a min~mum ten (10l _Éèët uno structed etween ad;acent units shall be e uired ; and ten 10 foot left side ~na e1 t 8 oot r1~~ s~de when faC1nQ t e ot from center of the main ,1gl ~ide yard corner - = D(=;..bi"; "ün~rrrnë is fõi addItioo ¡;tn.lle "l~is for deletion - - - - - - - -. -.- - - Paq., 43 PRINT DJ\TE:: J/OIJ') ; o ~ tc/ 8 ..... ...... t-l o w o 'V ;Þo G) (T1 N -.J o 0\ 1 2 J 4 r:; E; 7 8 9 10 11 12 1.3 14 15 16 17 18 ·19 20 21 22 23 2.1\. 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 ~ ~ PARAGRAPHS 3 THROUGH 9 -- NO CHANGE ********************k************ 7.10.00 SUPPLEMENTAL STANDARDS ".10,16 RECREATIONAL VEHICLE PARKS ~_ PERMITTED SPECIFIC USES AND ADDITIONS 1. Any Recreational Vehicle Park, occupying more t.han t.en (10) acres, unless locat.ed on North or South Hutchinson Tsland when~ there shall be. no minimum acreage requirement other thRD that set out in Sect:ioIl. 7.10.15 (C), is permitted to have installed, erected, constructed or otherwise placed on site Rec.reational Vehicles, Travel Trailers, Detached Singlè J....amily Residences, Class A Mobile Homes and addit.ions thereto," including wood decks, screen rooms, patios and like accessory facilities subjeèt to the following requirements: The following minimum yard requirements shall be maintained: in all recreational vehicle parks existing on or before August 1, 199Õ. (a) front yard (b) side yard <'.l. 1. Jg},. side yard corner - CoO - - -- --- - - - -- - - - ~~eVn~rITneisl~~dfiioo . t;t):~ u~ :'i\ralt3'R is for deletion Ordinance U96-010ð Draft #1 _ __ -.,., w_ __ __W __ __ {""'J" 4.2- PRINT DATE: 1/01/96 ^ 0: C C ;r; f-1 o w o tv :c- G) t:J N '-3 o U1 - ~ ('-I July 15, 1999 Ref: Meeting on Nettles Island, 7 p.m. July 15, 1999 Attn: Hank Florez, I live at 965 Nettles Blvd. Jensen Beach, Fl. My lot)s zero lot line is adjacent to the sidewalk. I paid a premium price for this unit because of its location and size. Stiould you take an additional 5 ft. on this side, and I be forced to rebuild at some point, it- would not just take 175 sq. ft. ofliv~g ar€?~;_ bu~ because 9fthe triangular shape of the lot, and building restrictions already in place, my lot would be unbuildable. Please reconsider this move. It is unfair! Sincerely, -- .- /?1 cur I ðr..vV Margie Torgersen ~ .~ C. JACK SAVAGE 1766 NATIONAL ROAD WHEELING, WEST VIRGINIA 26003 July 13, 1999 M:t'. Mark Boston 579 Nettles Blvd. Jensen Beach, Florida 34957 '. To Whom It May Concern: I own Lot 778 and would like to build a house on it. At the present time, the 5' off-set adjacent to a public walkway, is preventing me from building the house that I had designed, I hope the 5' set back can bè eliminatëd~ Very truly yours, -;r/ £7- c. J ck Savage CJS/ram ~ ~ 1'; I;r-~JJ-~ ~: }fo- / () / / 9 9y /le: ¥1~AL}-~ 07\ ?1e1;tk~) JJ. ~ cu.. /-rI- ~ 07\ ~ ~ M- ,)'17 ..~ rted., ~ a.f~ (Å ~ 41L /&<jh 1 ~~. - 1Yß- ~;a 4if ~ ~ ;t Þ- Æ-~ (j"h 7 - IS- -91 4;1 ~ ~ J ð" :ÞIlw ~ 11-"')- rl~~µ~r 1'~ J < 0/rJ~¿:¿.1n-'Þ~ ]sS"s ~ 1M A ~ ~ /ff'3it ~Þ:.~~~~~~Si.~:~ ~k.:~~~:~~~~HB~~~~~;~~j~~~~~::>~~S8~~f :;.:~~::~~;::..::. ~ .;~::> C'w'. ('oJ , I' ! . ~ J ~ wh-~)?¡<4A~ il U ~.r. ~~~ ~ ! ~- .~. ¡¡ ~ ~~.~ ~ ... ~-~~~- f~~~ ..~.;' I ,/ _/1 .t;,. ...~... ! _ ~'l7:/-- i --j.. . I j I i --. . .. - ..-.. /.--..---... LoT - c.f1 .) .. . ..- ..-. ~g ('-' (~ - I' ,: ,. 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Þ9~_ - -------- _n.___n ______~~----\À\\~ ~ '~\\~--o~~~~~vk ~-\~O,. ~------ -- _..._--+~..,_Jro~-j\!lL$~~~wm..1~l.~ ..~.----- .," __...:-------H----~Ð-\\jle-~- ~.~ _~~..\~~--~---~-LOO~~\-~- - --- . .._.__+~OC~ _Z~-~ o\J.c.mPf\_~C~~ ocr- . -.- -.- ---------- -----------t-~--!)~~M ~---f~-~~-~-~--~~--: _ _____.. -.-___._____~:!-lk;-I.-~W~ ~ ~~ \~ ~\~~~_._~k ~-~~- - ------ - '-. ;$!:~-i;~~;f;¡; ..--------. ~_O~f\...___1D__hQ_~---D~-.~~~-"--J.~ u:la.._-%'y~__~- ---~---- ------- ~;;in;~1;1i1¡¡¡ ...,.~..~~..~~..~J=~~.~.-~~\=~~~~-~. .. .....:~= --. ..-- .l~'~ .~ ~~~-~-~\~k~-..-- ________________:; _~~__s~--~--~~~-~~~--_o-ü-~~- ~--- ___________~~ ~~~ ~~cM.J-\>£Ù~~..c~---- _____~.,k<,P~0) ~e.!~~~ O~-" -- --. .--- - n_ ____nO -ul-- -- ._....._.._._...___....______.._ ____._ ._...._._..._n_.__ -- -~~----1-~----~- ..~~- -.-~. .~.~.~-----~--.. --~---~~~.----.~~.~ --- ~-jr---- . _.____._._______u. .__._.._.....____ -----_.. ! n....=--===~r- ... ____ . _____ .__.____ . ------.1 ~ " 'j . ......_.._........_._... ___._____.__.___ .._ _. __. n. _._.______..___.._. _._.. ._.._ ._ - --- . -.. .-.- ..- ..-..-.....-- --_.---.- -.-.-.--.--.--...----...--.. -..-----.-.--...-.--------.---- - -. ---_. -----..-------...--.----.. ..--.-.-.....--------..---..-------.-.---.- ~. ~ Nettles Island Inc., 0 condominium 9801 South Ocean Drive, Jensen Beach, FL 34957 (561) 229-2930 FAX (561) 229-9901 Board of County Commissioners 2300 Virginia Avenue Fort Pierce, FI 34982-5653 May 17,1999 Messrs. Coward, Barnes, Bruhn Ms. Lewis, Hutchinson '. Please be advised that the Board of Directors of Nettles Island is in complete support of Mrs. Veach's application for a variance ITom the provisions of Section 7.10.16(Q) (a)(I) of the County's Land Development Code. This ordinance unjustly deprives owners of5 feet of their land simply because it is located adjacent to common element; a sidewalk or grassy area. We have a zero lot line setback for all property and have not experienced any problems with air space, light or safety. The space between homes is 8'. The space between homes where there is common element is at least 15 to _18 feet. Allowing the zero lot line for those properties adjacent to conlmon element would still provide for more than the 8' that exist in 97% of the property located on Nettles Island. We are concerned for all of the 55 owners who are in this situation. The loss of5 feet of their property, in some cases renders their lots unusable except for a driveway. Any assistance you can provide the residents of Nettles Island will be appreciated. Sincerely, ~~~ William Deiters President Nettles Island Board of Directors '-' """ AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, SEPTEMBER 7, 1999 7:00 P.M Consider Draft Ordinance 99-017, Petition of Jacquelene E. Veach amending the St. Lucie County Land Development Code by amending Section 7.1 0.16(Q)(J)( a)(l)(c), to provide for the clarification of common use areas to refer to public or private roadways only. If it becomes necessary, these public hearings may be continued from time to time. Please note that all proceedings before the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter consideret! of such meeting or hearing, he will n!!!d 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 tf} be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 26,1999. FILE NO. ORD-99-017 '-' AI "-' NOTI.CE OF ESTABLISHMENT OR CHANGE OF REGULATION AFFECTING THE USE OF LAND The St. Lucie County Board of County Commissioners propose to adopt the following Ordinance: ORDINANCE NO. 99-017 , AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE ay AMENDING SECTION · 7.10.16(Q)(1)(a)(1)(c), TO PROVIOE FOR THE CLARIFICATiON 'OF COMMON USE AREAS TO· REFER TO ··PUBLIC OR' PRIVATE ROAD WAYS; BY PROVIDING FdR CONFLICTING PROVISION, 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 FORCÇ>DIFICATION. · A PUBLIC HEARING on Ordinance 99-017 will be held before the St. Lucie County Board of County Commissioners on Tuesday, September 7, 1999, at 7:00. P.M. or as soon thereafter as possible, in the County Commission Chambers, 3rd floor of the County Administration Annex, ·2300 Virginia Avenue, Ft. Pierce, FL. Matters affecting your personal and property rights may be heard and acted upon.. All intere~tadperspns are Invited to attend and' be heard. Written comments received in advance òf the public hearing will also be heard, . The purpose of this public hearing Is to amend the St. Lucie County Land, Development Code by clarifying that common use areas as used in Section 7.10.16(Q)(1)(a)(1)(c) cefers to public or private road ways only: 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 :meêtlngs 9r hearings of any board, committees, commissions, agency, council or advisory · group, that person will need record of the proceedings and that, for such purposes 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 heari,ng will be sworn In. Any party to the proceeding will be grantec,i an opportunity to cross-examine any Individual testifying during a hearing upor.uequest. . " . This notice dated and executed this 23rd day of August, 1999. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ... /S/ Påula A. Lewis, Chair'man . PUBLISH DATE: Augu~t 26,. 1999 , \ Jh¿ 7kws '-' ""'" ; NOTICE OF ESTABL.IS'HIVIENTw, "OR· CHANGE OF RE~ULATí9N AFFECTING THE USE OF 'LAND The St. Lucie County Board of County Commissioners propose to adopt the following Ordinance: ' ' . .' I ORDINANCE NØ. 9&ø1,7. ' .' AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DËVELOPMENT CODE' BY AMENDING SECTION 7.10.16(0)(1 )(a)(1 )(c), TO PROVIDE FOR THE CLARIFICATION OF COMMON USE AREAS TO REFER TO PUBLIC OR PRI- VATE ROAD WAYS; BY PROVIDING FOR CONFLICTING PRO- VISION, BY. PROVIDING FOR SEVERABÙ1.lT;f/ PROVIDING FOR APPLICABILITY, PROVIDING FOR . FftING:(WITH THE ,DEPARTMENT OF STATE, PROVIDING ¡:;OR·.AN·EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIOING FOR CODIFICATION. ,....,., " , . ,..!, . A PUBLIC HEARING on Ordinance 99-017 will be håld before' the St. Lucie County, Board of County Commissioners on Tuesc1aý, September 7,.1999, at 7:00 P.M. or as soon thereafter as póssi- ble,' in the County Commission Chambers, 3rd floor of the County Administration ,. Annex,' 2300 Virginia Avenue,' Ft. Pierce, Fl. Matters affecting your personal and property rights maybe heard and acted upon. . All interested persons are invited to attend and be heard. Writteneomments received in . advance of the, public nearing y¡ilLalso be heard. ' ' , . The 'purposeofthis publicheari"gis'ió ~mend)heSt.. Lucie· County Land Development Code by clanfyiòg that common use areas as used in Section.7.10.16(Q)(1)(a)(1)(c) refers to public or . private road waÿs only. This iS,the second_of two:required public hearings. . ., .'. If any person decides to app~alany decision madewith re$peéÚo any matter considered at the meetings or hearings of any board, committees, commissions, agency, council.oradvisory group, that· perSon'will need record ofthe proceedings and that, for such 'pur- poses may need to ensure that a verbatim: reçord,of the proceed- ings'is made., which record should inch,lde th~ testimony and :evi~.. dence upon which the appeal is.to be based.· Ùpó¡' Jhe reque~t 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 testifyingdurin.g a: hearing.~pon request. '!. ,':.1 This notice dated and executed this 23rd day of August,1999. '. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA. ISI Pauia A. Lewis, Chairman PUBLI~H DATE: August 26, 199.9 ' " I .1 I -r ÁA,' b Mu.- .... (\-' (""" PLANNING AND ZONING REVIEW: July 15, 1999 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT To: Planning and Zoning Commission Planning Manager rßI- July 6, 1999 From: Date: Subject: Draft Ordinance 99-017 - Petition of Jacquelene E. Veach amending the St. Lucie County Land Development Code by Amending Section 7.10.16(Q)(I)(A)(l)(c), to provide for the clarification of common use areas to refer to public or private road rights-of-way only. (File Number: TA-99-003) Attached is a copy of Draft Ordinance 99-017, which proposes to amend Section 7. 10. 16(Q)(I)(A)(I)(c), of the St. Lucie County Land Development Code (LDC). This amendment would clarify the definition of common areas as used in Recreational Vehicle Parks. This proposed LDC amendment was submitted by Jacquelene E. Veach in accordance-with the provision of Section 11.00.01 of the LDC. This petition was not initiated by St. Lucie County, and is presented as proposed. The petitioner would like to amend the definition of common use areas as used in Section 7.10. 1 6(Q)(1)(A)(l (c), to clarify that common uses areas should refer to public or private rights-of- way only when measuring the setbacks for structures on side yard comers in recreational vehicle parks. Regular lots within RV Parks are considered to be zero lot line lots. The setbacks for these lots are 8 feet on the left side and 0 feet on the right side when facing the lot 1Ì"om the street. For lots which are adjacent to common use areas that are utilized for pedestrian access, the setback 1Ì"om the pedestrian access is a minimum of 5 feet, regardless of whether the access is located on the left or right side of the lot. The petitioner is proposing that the setbacks for all lots be the same for all lots, regardless of whether or not there is a pedestrian access adjacent to the lot. The petitioner believes that the current regulations of the LDC do not allow owners oflots in the Nettles Island development to fully utilize the space of their lots. In making any amendment to the TEXT of the Land Development Code, consideration must be given to the ramifications that the proposed change will have on the entire county and not to just one specific location. While this use may be appropriate for the Nettles Island development, it may not be appropriate for all RV Parks !n the county. A review of the RV Parks on record in St. Lucie County and on South Hutchinson' Isl3Íid in particular indicates that Nettles Island is the only RV Park that has any common use areas between lots. Therefore, the amendment to the LDC regulations would only directly affect the residents of Nettles Island. - ~ ~ July 15, 1999 Page 2 Petition: Jacquelene Veach File No.: TA-99-001 Staffhas reviewed the request and recommends approval of a change to the text of the LDC which would clarify the definition of common uses areas to refer to public or private rights-of-way only. Please let us know if you have any questions. hf cc: ]acquclenc E. Veach Ted Oakes 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 - ('-' ~ ORDINANCE 99-017 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 7.10.16{Q) (I) (a) (1) (c), TO PROVIDE FOR THE CLARIFICATION OF COMMON USE AREAS TO REFER TO PUBLIC OR PRIVATE ROAD RIGHTS-OF-WAY; BY PROVIDING FOR CONFLICTING PROVISION, BY PROVIDING FOR SEVERABILITY, PROVIDING FOR APPLICABILITY, PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determination: " 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners amendments-to the St. Lucie County L¡¡.nd through the following Ordinances: adopted certain Development Code, 91-03 - 91-21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 96-10 - 97-09 - 98-01 - March 14, 1991 November 7, 1991 February 16, 1993 May 25, 1993 May 25, 1993 August 16, 1994 January 10, 1995 August 6, 1996 October 7, 1997 February 2,1999 May 14... 1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 February 21, 1995 March 4, 1997 September 2,1997 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 95-02 - 97-01 - 97-23 - 3. On July 15,1999, the Local Planning Agency/Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. - - - - - - - - - - - - - - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - nOl1hl~· tJndfl!r1infl! is for addition R~r;kp Thrrnlqh is for deletion Ordinance 99-017 1st Draft Page 1 Print Date: 07/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (\-' (~ 4. On , 199_, 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 Tribune on , 199_. 5. On , 199 , 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 Tribune on , 199_. 6. The proposed amendment to the St. Lucie County Land Development Code is 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. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. - SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE TO READ AS FOLLOWS, INCLUDE: ******************************** CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.10.00 SUPPLEMENTAL STANDARDS 7.10.16 RECREATIONAL VEHICLE PARKS ----- - - - - - - - - - ~ - - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - DÖ;lhl p.íJndp.rl i np. is for addition !,;I"rik.. Thro1lgh is for deletion Ordinance 99-017 1st Draft Page 2 Print Date: 07/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 PART B. ~ ~ PARAGRAPHS A THROUGH Q(1) (A) (1) (A) NO CHANGES (b) side yard eight (8) feet unobstructed on the left side and zero (0) feet on the right side when facing the lot from the center of the main street frontage. In the absence of recorded lots lines, a minimum eight (8) feet unobstructed between adjacent units shall be required. (c) side yard corner eight (8) foot left side and five (5) foot right side when facing the lot from the center of the main street frontage (includes all properties adjacent to ~nmmnn 1J~P ;lrp;:)f:~ nub]:ic and nrivate riahts-of- ~). In the absence of recorded lot lines, a minimum eight (8) feet unbbstructed between adjacent units and five (5) feet from any common use area shall be required. (d) rear yard five (5) feet. Note: The front yard setback for special situation lots shall be five feet. Special situation lots include those lots in which the longest property dimension is found along the street frontage. ~nmmnn us~ Ar~AS ShAll r~f~r t:o nuh' ; ~ Ann nrWRt:p r;ah~R-nf-w;tv nnlv T.nt:R ;u1iltr'!pnt': to nPñ~Rt':riAn -a~r'!PAA RhA11 not: hp ~onR;d~r~d r'!ornPT 1nt:A For lots with double street frontage, the front yard shall be identified on the approved sitelPlan of the particular Recreational Vehicle Park, which shall be kept on file with the Community Development Department. The front yard for a block of double frontage shall be consistent the length of that block. Double frontage lots are not eligible for special situation consideration or designation. Any deviation or change to the front yard designation that does not include the adjustment of the entire block shall only be approved by the Board of Adjustment in accordance with Section 10.01.00. PARAGRAPHS Q(1) (A) (2) THROUGH Q(2) NO CHANGES CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County I County ordinances and - - - ---- - - - - - - - - - - -- ----------- --- - --- - -- - - -- - ---- Ordinanèe' 99-017 1st Draft· Douhlp Undpr1inp is for addition ~~r;kp Thrnugh is for deletion Page 3 Print Date: 07/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 --26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ~ ~ .County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining 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 D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy o~this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida" 32304. PART F. EFFECTIVE DATE, This ordinance shall take effect upon adoption of the Board of County Commissioners. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula A. Lewis xxx Vice-Chairmap John D. Bruhn xxx - - - - - - - - - - - -- - - ----- - ---- - - - -- -- -- --- -- ----- - ---- D011hl~ nnrl~rlinp- is for addition Strikp Thrrnlgh is for deletion Ordinanèe· 99-017 1st Draft Page 4 Print Date: 07/08/99 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (~ ~ Commissioner Frannie Hutchinson xxx Commissioner Cliff Barnes xxx Commissioner Doug Coward xxx PART H. CODIFICATION. provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other ,appropriate word, and the sections of this ordinance may be re-numbered or re-lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ENACTED this ____ day of , 199.9. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY hE H:\WP\ORD\99-017 - ------ ------ ------ ------------- ------ ----- - ----- Oonhlp tJnnprlinp is for addition fa'r; I...· Thrnllgh is for deletion Ordinance 99-017 1st Draft Page 5 Print Date: 07/08/99 '-' ....., ITEM NO. 6-A AGENDA REQUEST DATE: SeDtember 7.1999 REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Utilities DeDartment PRESENTED BY: ,¿;;./.. .' 7 I(~i'/~·~'''{.'' !'<,'/ /\l . Robin D. Ennis Recycling Coordinator ,"' .¿" ~ ',;~'! >"" t.. ';. '..,,) SUBJECT: Request Board approval to accept the Florida Department of Environmental Protection Recycling and Education Grant Award for Fiscal Year 1999-00 in the amount of $132,681 and to authorize Chairman to sign the quarterly reimbursement reports. BACKGROUND: The majority of the grant funds will be utilized to promote participation in our residential and commercial recycling programs. FUNDS AVAILABLE: Funds for Recycling Education will be a part of the 1999-00 budget for the Utilities and Recycling Department. PREVIOUS ACTION: Board has accepted this annual grant award for the past eleven years, and has authorized Chairman to sign the quarterly reimbursement requests. The 1998-99 award was $129,837. RECOMMENDATION: Board approve the acceptance of the $132,681 FY 1999-00 Recycling Education Grant Award from the Florida Department of Environmental Protection, and Authorize Chairman to sign the quarterly reimbursement reports. 2t2J APPROVED o DENIED COMMISSION ACTION: o OTHER: Review and ADDrovals Management and Budget: ¥ Purchasing: - j) // -:J Other: '-' "'wI I '~ I. / "", '-~ 1c MEMORANDUM FROM: Board of County Commissioners . ). Robin D. Ennis, Recycling Coordinator ,:L-.(I .,1..'11 ./ .1../ !¡ ¡i/;{t r . ¡'JIi} August 27, 1999 LV / TO: DATE: RE: 1999-00 FDEP Recvclina Education Grant Acclications BACKGROUND In 1988, the Florida Legislature enacted the Solid Waste Management Act. This landmark piece of legislation changed forever the operation and methodology of solid waste management in Florida. In addition to imposing rigorous standards on landfills, waste-to-energy facilities, and waste collection systems, recycling was mandated to become an integral part of each county's waste management hierarchy. A critical part of the Act was the imposition of the 30% recycling goal. By 1994, each of the 67 counties must have reduced its waste stream by 30%. To assist the counties with this effort, $35 million dollars a year was earmarked from sales tax revenue to establish the Solid Waste Management Trust Fund. Each year, all Florida counties were awarded a per capita portion of the $35 million. From 1989 - 1997, St. Lucie County received approximately $320,000 annually to assist with our efforts to promote recycling. In 1997, the Legislature voted to divert more than 63% of the Solid Waste Trust Fund money to the SWIM Program (to aid in aquatic weed management and an Everglades cleanup project), thereby reducing the counties' recycling grants to $10 million. S1. Lucie County's portion of the recycling education grant has been reduced to an average $126,000 annually. As a result of this cutback, we and many other counties have significantly reduced our recycling education efforts. Some have continued their programs with funding from their own Solid Waste budget. Private industry lobbyists and County Legislators have requested the Legislature return the grant awards to their original level, but thus far have not been successful. This year, our grant award is $132, 681. ~'.". ... .~~..ID..'....'rC..,....... ~'$.~":" . ..'.. .. ~<~ ~«:¡, I FLORJ~"'" ì:t '-' ..., Department of Environmental Protection '-- --- ~- '-- -- ~- " -, ---J ::1 Twin Towers Office Building 2600 Blair Stone Road Tallahassee. Florida 32399-2400 Jeb Bush Governor RECYCLING Ii EDUCATION G~ AGREEMl!:ln FOR S~~E ASSIS~AHCE UNDER SEerIOR 403.7095, FLORIDA S~S PART I - G~ RO~Il"ICATIOR IRFORMA~ION 1. Grant Number: 2. Date of Award: July 1, 1999 REOO-55 3. Grant Title: SOLID WAS7B RECYCLING AND EDU~IOR G~ 4. Grant Period: October 1, 1999 - September 30, 2000 5. Grant Amount: $132,681 Base Portion: Incentive Portion: Recvclina and Education $ 55,682 S 76.999 Total Grant Amount: $132,681 6. Grantee ( s) : Address: ST. LUCIE COUNTY 2300 Virginia Avenue Fort Pierce, Florida, 34982 7. Federal Employer Identification Number: 59-6000835 8. Authorized Representative: Name: Title: Paula A. Lewis Chairwoman, Board of County Commissioners Phone: 561-462-1150 9. Contact Person: Name: Address: Robin Ennis Recycling Coordinator 2300 Virginia Avenue Fort Pierce, Florida, 34982 Phone: 561-462-1150 10. Total population of Grantee(s) from official April 1, 1998, population Estimates: 183,222 11. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallahassee, Florida 32399-2400 :,;_': :':(850r'488;"0300:",:,;.,; ~,:i;;":~~;-: :',;' ',:,..:"" ;";:l:;-:,;,; Printed on recycled paper. David B. Struhs Secretary -. ~ PART II - GRANT CONDITIONS '-' A. GENERAL CONDITIONS: 1. The method of payment, for the period October 1, 1999 through September 30, 2000, will be on a reimbursement basis only. 2. The grantee shall elect to submit reimbursement requests on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimbursement request, with summaries and appropriate contracts attached, shall be due on the last day of the month following the end of the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in detail sufficient for pre audit and post audit review. 3. Grant funds may be expended through September 30, 2000. A final reimbursement request must be submitted no later than October 31, 2000. 4. Reimbursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. 5. Expenditures shall be limited to allowable items as listed in section 62-716.430 of the Solid Waste Grants Program Rule: (a) Solid waste recycling grants shall be used to provide funding for recycling program capital costs, which include equipment purchases, solid waste scales, facility construction and other such costs approved by the Department. (b) Grant funds may also be used for operating subsidies, provided that the applicant shall demonstrate that such a use is necessary for the success of the recycling program, and shall show how the subsidy will benefit the program. (C) Recycling grant funds shall be used for projects to assist local governments in recycling paper, glass, plastic, construction and demolition debris, white goods, and metals and in composting and recycling the organic material component of municipal solid waste. (d) Solid waste education grant funds shall be used to promote recycling, volume reduction, proper disposal of solid wastes, and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies to assess the feasibility and success of the recycling and education programs. (e) All existing public and private recycling infrastructure shall be fully used to the extent possible when planning and implementing the local government recycling programs. Funds shall not be used for duplicating existing private and public recycling programs unless the applicant demonstrates that such existing programs cannot be integrated into the planned recycling program, ) 6. Each recipie~of grant funds shall maintain ~urate records of all expenditures of grant funds and shall assure that these records are available at all reasonable times for inspection, review or audit by Department personnel and other personnel authorized by the Department. Records shall be kept for a period of at least 3 years following the end of the grant period. The grantee agrees that it will expeditiously initiate and complete the program work for which assistance has been awarded under this agreement in accordance with all applicable provisions of Florida statutes and the Florida Administrative Code. 7. Allowable costs may be charged to this agreement beginning either October 1, 1999, or the date this agreement is fully executed, whichever date is later. 8. Grant funds shall be included in the grantee's Annual Audit subject to the requirements of CH.216.349, F.S.. Any subgrants made by the grantee shall also include a provision for the subgranted funds to be included in the subgrantee's Annual Single Audit. A copy of all Single Audits shall be submitted to the Department of Environmental Protection, Solid Waste Section, by March 31st of each year. 9. The Department has the right to terminate a grant award and demand refund of grant funds for non-compliance with the terms of the award or the Solid Waste Grants Program Rule 62-716. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the local government complies with the terms of the grant award. 10. Grantee shall obtain all necessary construction-related permits before initiating construction, 11. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue. 12. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida Statutes. 13. The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with this grant. 14. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or a State Agency. t ....., ....., Grant # REOO-55 OFFER ARD ACCEP~CB The state of Florida, acting by and through the Department of Environmental Protection, hereby offers assistance to the local government(s) of St. Lucie County, and the cities of Fort Pierce, Port st. Lucie, and St. Lucie Village for all allowable costs incurred up to and not exceeding $132,681. Grant Application dated 06/22/99, included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL PROTECTION: H;¡f }ÌJnll~ /1ì1¿þ~ /It J ~ John M. Ruddell, Director Division of Waste Management ~ )0Iqq t I· \ Date In accepting this award and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general and special conditions. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: signature of Authorized Representative Paula A. Lewis Chairwoman, Board of County COmmissioners Date Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahassee, Florida 32399-2400 - - t , .\.t .""" ITEM NO. 6-B DATE: Sectember 7.1999 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Utilities Decartment PRESENTED BY: ¡ \ ì} t'· I'lL . J.~il~~ . . .' "-~ I/./P.t:/ ,.. 1 ' Wilnam Blazak) Utilities Director SUBJECT: Request Board approval to modify the Education Specialist position for the Recycling Department to require an equivalent Teaching Certificate, and to reclassify the position from the current Grade 17 to a Grade 21 at a starting salary of $24,710. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 186202-3412, and 186-3412 PREVIOUS ACTION: Board approved the position in 1989 at a Pay Grade 17, with a starting salary of $20,529. At the recent Budget Workshop, the BOCC unanimously approved and directed staff to fill this position. RECOMMENDATION: Board approve the modification of the Education Specialist position for the Recycling Department to require an equivalent Teaching Certificate, and to reclassify the position from the current Grade 17 to a Grade 21 at a starting salary of $24,710. 11: APPROVED o OTHER: o DENIED COMMISSION ACTION: (). ,t.,L{ AI\ (ì t-.. County Attorney: Management and Budget,. ,:-01.) Originating Dept: ! (J:ttt~~ffJt£r/ Other: Ii j l' " ì Finance: Check for copy only, ifapplicable: Review and ADDrovals v Purchasing: rØ Other: '-' ...., Wi Utilities Department Office of Recycling MEMORANDUM FROM: Board of County Commissioners William Blazak, Utilities Director l~Ù~ August 27, 1999 TO: DATE: RE: Education Scecialist Position BACKGROUND The Recycling Education Specialist position was created in 1989. The primary responsibility of the incumbent was to assist the Recycling Coordinator in the development and implementation of a comprehensive recycling education program. While adult education was a target market, the primary emphasis was the school program. Environmental education is an important part of the school district's curriculum, and the Education Specialist provided in-classroom lectures, hands-on activities, and educational materials. Several teacher workshops were also held to provide more in-depth education about recycling, waste reduction, and other related topics. The incumbent also participated in numerous events to promote recycling Le. County Fair and Rainbow Festival. The salary for this position is funded entirely by the Florida Department of Environmental Protection Recycling Education grant. The Education Specialist position has been vacant for six years. During this time, numerous requests from community groups and teachers were unfulfilled, and our recycling education efforts have been minimal. During the past year Robin Ennis has met with Administrators from the School District and principals from each of the public schools. They are not only interested in working with our department to expand the recycling education curriculum in the classrooms, but to institute a system wide recycling program for paper, cardboard, and cafeteria waste. Presently there is no recycling in St. Lucie County public schools. Last year, with the aid of Herb Burgart, the Science Teacher at Mariposa Elementary, a pilot program was instituted. The program resulted in the recycling of more than 50% of the waste stream. The program received national recognition by Recycle Florida Today (a state wide organization of recycling professionals), and Disney. Mr. Burgart and his students received Disney's highest award for their recycling program with an a prize of an all expense paid trip to Disney World for the class, and participation in an elaborate award ceremony in Orlando. With the aid of a qualified Education Specialist, it is my goal to have similar success in all public schools, and a more comprehensive public education campaign. Additionally, as a qualified, certified teacher, the incumbent can provide environmental education assistance to the staff at the new Environmental Learning Center. The job description has been rewritten to require an equivalent Teaching Certificate and college degree. The pay for this position has not been adjusted since 1989. I am therefore requesting that the pay grade be increased from a Grade 17 to a 21, with a minimum salary of $24,710, which is equivalent to that of an entry level teacher in the public schools. () L /:J ~ ....." ~ JOB CODE 574 PAY GRADE 17 REV 08-05-92 PAGE 2 OF 2 EDUCA~ION SPECIALIST Recycling Program ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good hand/eye coordination. Very frequent use of good near vision, good hearing, Frequent walking and standing. . Ability to lift 50 pounds. Ability to drive a passenger motor vehicle. ENVIRONMENTAL CONDITION REOUIREMENTS: Frequent work inside the. office in a sedentary posture. Frequent public contact outside the office in schools, offices, public and private meeting facilities. WORK HAZARDS: Possible contraction of c.ommunicable disease (cold, flu, etc.) due to heavy public contact. possible personal injury due to auto travel. Must be willing to work occasional evenings and weekends attending publi~ meetings and community events. SAFETY EQUIPMENT USED OR NEEDED: Automobile safety belt. EDUCATION: Graduation from an accredited college with a minimum of an Associates Degree. EXPERIENCE: Must type 35 wpm and have at least two year's experience with the operation of a personal computer. Experience in desktop publIshing useful, but not essential. Public speaking or teaching experience required. Some technical writing experience is helpful. A comparable amount of training or experience may be substituted for the minimum qualifications. LICENSE CERTIFICATION OR REGISTRATION:. Valid Florida Driver's License with a good drivers record is ~equired. '-' ....., [/.~ ".. I J ,__ .-¡-- J-'" /1 :z;:-t/ 4- ~ C,J"..-J ;J' ('")¡ J,;. ,,~ {fflò;II~ IT') JOB GRADE PAY GRADE EDUCA TION SPECIALIST Recycling Program MAJOR FUNCTION: Responsible administrative and public education work in the development and implementation of residential and commercial recycling and waste reduction education programs. This position reports to the Manager of Recycling and Waste Minimization. KNOWLEDGE. ABillTIES. AND SKlLLS NEEDED TO PERFORM THE ESSENTIAL JOB FUNCTION: Knowledge: Knowledge of recycling and waste reduction principals, procedures, and systems. Must be computer literate with knowledge of desktop publishing and design, and spreadsheet software. Knowledge of principals of education, public relations, and communication are a must. Abilities and Skills: Ability to develop and implement comprehensive recycling and waste reduction education programs including in-classroom teaching, public speaking at community events, and general public education programs. Must possess excellent grammar, oral and written communication skills, and be an experienced public speaker. Must be creative, self- directed and resourceful in developing and implementing new programs. Ability to work with the School District in implementing the Florida Department of Education's 4-R's program. Conduct in-classroom student education programs as well as develop and impl,ement teacher/facilitator workshops. Work with other County and non-profit environmental and civic groups to promote recycling and waste reduction. Ability to compile data, and write and present reports. Must type 35 wpm and have experience with computer software including desktop publishing, word processing, and spreadsheet. Provide needed assistance to Contracts Administrator in resolving waste collection customer service issues. ESSENTIAL JOB FUNCTION: Provides assistance to the Manager with the planning and implementation of recycling education and promotion of various County recycling and waste minimization programs. Current programs include residential and commercial recycling, public and private school program, composting, litter prevention, and waste reduction. Assist Manager with preparation of studies, reports, and data management. Must work and communicate effectively with children, the general public, vendors, public officials, and the media. Assist Manager in daily operations as needed. Perfonns related work-as requested or assigned. '-' ...." ESSENTIAL PHYSICAL SKILLS: Use of both hands and fingers with dexterity. Good hand/eye coordination. Very frequent use of good near vision, good hearing. Frequent walking and standing. Ability to life 50 lbs. Ability to drive a passenger motor vehicle. ENVIRONMENTAL CONDmON REOUIREMENTS: Frequent work inside the office in a sedentary posture. Frequent public contact outside the office in schools, offices, public and private meeting facilities. WORK HAZARD: Possible contraction of communicable disease (cold, flu, etc.) Due to heavy public contact. Possible personal injury due to auto travel. Must be willing to work occasional evenings and weekends attending public meetings and community events. SAFETY EOUIPMENT USED OR NEEDED: Automobile safety belt. EDUCATION: Graduation from an accredited college with minimum of a bachelor's degree. Major course work in education, communications, or marketing. EXPERIENCE: Teaching or public speaking experience required. Solid waste or recycling education experience preferred. Desktop computer and word processing software experience required. Knowledge of desktop publishing useful. Marketing and public relations experience also useful. Experience in designing brochures, promotional campaigns is helpful. UCENSE CERTIFICATION OR REGISTRATION: Valid Florida Teaching Certificate preferred. Florida Department of Environmental Protection Recycling Coordinator Certification must be obtained within one year of employment. Valid Florida driver's license with a good driving record is required. VFFECTIVE UPON RATIFICATION BY THE"'-"ON AND APPROVAL BY THE SCHOOL BOARD . '. EFFECTIVE 7/1/98 PROFESSIONAL COMPENSATION CERTIFIED :rEACHERS (BACHELOR'S) 1998-99 10 MONTH EMPLOYEES Pay Type 010 011 012 02 Annual Salary Bachelor Bachelor Bachelor's Degree Plus Plus 15 hr Step or Equivalent Cert. 15 hours In-Field :;-------. 1 / 24 660 . 24,961 25,089 ---~ 2 25,364 25,664 25,792 3 26,067 26,368 26,496 4 26,771 27,073 27,199 5 .. 27,477 27,778 27,905 6 28,179 28,480 28,607 7 28,882 29,182 29,311 8 29,586 29,886 30,014 9 30,290 30,591 30,720 10 30,993 31,293 31,421 11 31,932 32,232 32,360 12 32,870 33,170 33,297 13 33,808 34,110 34,237 14 34,747 35,046 35,175 15 35,686 35,986 36,114 16 36,390 36,697 36,825 17 37,108 37,421 37,552 18 37,787 38,087 38,216 19 38,507 38,807 38,936 20 39,227 I 39,527 39,656 21 39,947 40,254 40,382 22 40,667 40,980 41,110 23 41,387 41,710 41,844 24 42.107 42.430 42.5ô5 Up to 10 years credit may be granted for previous teaching or administrative experience performed under contract in accredited school(s) or in a similar school(s) acceptable to the Superintendent Less than 60 college semester hours, deduct from Bachelor's rate: 60 college semester hours to 90 hours, deduct from Bachelor's: Over 90 college semester hours but less than degree, deduct from Bachelor's Degree rate. Those desiring evaluation of graduate semester hours presently on file in the personnel department for the purpose of qualifying for supplements designated "specifically within certmed field(s)" must apply to the Personnel Department prior to September 1 st and Februar'l1 st 3 term or quarter hours equal 2 semester hours. In the Board's discretion the following annual supplement may be given: Bachelor's degree in speech-language pathology or communications disorder or speech language impaired. \ , ,~ "~ .1J ii, \ ~. , \ $6,569 $5,442 $4,317 $4,000 ~i~;;;'I~ ';'.1 .'j, ,,/, .\1<j":.: , .- 'I . ".!..'~ ,.,'r'þl.,. ....:...~....!\~J.: ", ~~. .!. ..... ..:..:..:.... . _,:.:.: t t '. ".. ".. : . « ,: ~~~·::!~f,;2::·::. ' '-" ~ I I I . SCHOOL BOARD OF SAINT LUCIE COUNTY JOB DESCRIPTION .. 'osition No. 51xxx, 52.:xx:(, 53xxx )alary Schedule 01000 :LSA Exempt [0 B TITLE Length of Work Year Date Approved Date Revised . , DEPARTMENT 10-11-12 Months 8-26-97 . :~ fI' , REPORTS TO ::tassroom Teacher School Based i PrincIpal/Director JOB GOALS ro help students learn subject matter and skills that will ~ontrlbute to theIr development as nature, able and re?ponsible men and women. . , ~ .' ~INIMUM QUAUFICATION~:r... L. Bachelor's degree or higher. . ,. Florida certification In the area to be taùght. 3. Good moral character DUTIES AND RESPONSIBIUTIES: -1. Meets and Instructs assigned cfasses In the locatfons and at the times designated. -2. Plans a prog~m of study that, as much as possible, meets the indIvidual needs, interests and abilities or the students. ' , . ~. -3. Creates a cfassroom environment that Is conducIve to learning and appropriate to the maturity and Interests of the students. *4. Prepares far cfasses assigned and shows written evidence of preparatfon upon request of' : Immediate superior. *5. Encourages stuQ,ents to set and cna~ntaln st:àndards of.9assr~m behavior. . *6. Guides the le~mlng process toward the achleveme~~ of ,curriculum goals and - in harmony with the goals -,establishes dear objectives for all le5$ons, units, projects and the like to communicate these objectives to students: *7. Employs a variety of Instructional techniques and Instructional medial consistent with the physicall1mltatfons of the locatfon provided and the needs and capabilities of the Individuals or student groups Involved. *8. Strives to Implement by Instruction and action the district's philosophy of education and Instructional goals and objectives. .:' " RlYÌkå llll!:}!} .. MU's..or,;.,.;-: ..':<:""';;" '..' .. "; ,..".;~~~.t:....,.. ~'<J~mr(.i .. "..." ..- "'~ .. .. ..., ..~. '. ~~~:'~~!-;:':~~':: ;I·:·.:;:.';f!':: ~.. " ., ,..:..:!,: .:;'~..' '...':~:.~~;.;:~~;:~'.. -~ ~.'¡i'.:;;;~" J'iI,!!~~ñ't(... ,¡, ,I. r . .~..~ ..1-..··· . ." . .,.... ~ "." h.~J~rt I . \lt~~~:;~~~~~::.:;.:¡:~'.~·:1:·~:~::;~:i ..::: .::..~ : ·.:.i.l;.'~·~;~"'·~~f:::~.~:: ~:::... ·l~{¿.~aij::.~:~·.;:·· . ..:. ,- . .~.:: ~~·.·~~j,:~jEh~~· . . '" . ,- "'^. ....1 ....'.. ,.. , ':, .:.: ......... '::~¡:~ i:; >.¡ 0:; ::... ,:".:;' . . ... ..... .." ~ \,.~¡,-.. : .,.,' ..I~, I'I'()" . ::¡" ..' ¡i!::::;;¡~ilt;!:;;:: . ) I , :I.assraom Teacher Jage 2 : I I "9 Assesses the accomplishments of students or¡' a regular basis and provides progreSs reports as required. !f.,' . i LO. Diagnoses the learning dIsabilities of students on a regular basis, seeking the assistance of district specialIsts as, required. Takes all neëessary and reasonable precautlons to protect students: ~uipment, materials arid facilities. .J' '.. rll. 1&12. MaIntaIns accurate, complete and correct records as required by law, district policy and ådmlnlstrative reguJation.J··· '.: L3. AssIsts the admlnlstratlon In Implementing all poll9es and/or rules governing student life and conduct and for the classroom, develops reasonable rules or classroom behavior and procedure, and maintaIns orderln l:t1e cJassroom In a faIr and just manner. l4. Makes provlslon~ for being available to students and parents foe education-related purposes outside the Instructional day when required or requested t9 do so under reasonable terms. I Plans and supervises purposeful assignments for teacher aide(s) and/or volunteer(s) and cooperatively with department hears, evaluåtes their job performance. Strives to maintain and Improve professional competence. ~5. L6. .7. .a. ~ Attends sta~ meetlngs and seI'Ves on staff committees as required. $ T~ perfon:n othe't duties as asslgñed~y the prfndpal. . : . 'hysIcal Demand aa~ - L IEssentlal Job Functions ~"~ .....-~ ~"";.,,I 7Illull '-" '...I Ã- (" ç,:- S :- I" ~ f ' ,~ ( 11 :" \ \ := c......- --' '.. '" : ! 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E!. ~c::~,~;; ;:1 n CII .. ..,it f;- ":~:g~~ ::s .:&\~~: !.-< - CD o tn C .. .... - tn m Dr3 i! 5" ::SS' CCI... m CD ... en CDS' ~c.. n -" _::s 5' :r CClm CD :5. Q..::S CCCl n:u -'0 -cr 0- ::s ::s "m a ::s CCI =- ¡¡JÞ 3(') ...0 ::s c o ::s c~ ... ~~ =-~ o n 0- - -- . ::s u::a (') o o .. Q. 5- m S" :c n o = it n .... 3 CD - '-" "'" Recommendations for the Development and Implementation of a Recycling and Waste Reduction Program for St!l Lucie County Public Schools ~/ ~. .. i<·~:. ~ -'- . -... ":...:'~':.-".. -. Submitted by Robin D. Ennis St. Lucie County Recycling Coordinator J<\ ¡ . L: ' r r ~ ~ ~ [ ~ I I I I I I I I I I I ~ ""-" Objective TO develop and Implement a reCYCling and waste reductIon program for all st. Lucie county PUblic Schools. The st. Lucie county ReCYCling Coordinator and her staff will assist SChOOl DistrIct Administration In this process, providing advfce and guIdance In the planning and decision process, and if school officials are desirous, will assist In the Implementation Of a system- wide program. Backgl'Øund Recycllng has been an important element Of the environmental education cu"iculum is St. Lucie County SChOOls fOr over a aecade. However, there has been no consIstent program to recycle the waste generated in the schoOls. According to studIes of schOOlS across the nation who have implemented SUCh programs, and a pilot program conducted at Mariposa Elementary schaal, more than 7096 Of a typical SChool's waste /s recyclable. Attachment A Illustrates the results of a waste composition study that was conducted at Mariposa and showS the actual composition Of their wast~ J stream. All Of the cardboard, note paper, ana office paper, and mUCh .QL. the cafeterIa waste can be recycled, reducing the volume of wa~atr~: ends up in our landffll as well as affectIng a cost savings to t . ~ dIstrict by avoIding disposal costs. Efforts to maintain reCYCling In the schoOlS have been un past. This was due in no part to the laCk Of Interest and . schoOls, There were two essentIal reasons for the past" SCl100l set up Its own Independent recyCling program, n IndIvidual entities wIth the hauler or their ChoosIng. Th contract and each schOOl negotiated price and service l rather than utilizing the school district's group buyIng p instability Of the haulers who were hIred to cOllect tne m Despite public perception to the contrary, recyCling IS not> , business. WhIle the materials collected are commodIties, th extremely low and the resale markets sPoradic. Many ent/í .., started a recyclIng business In st. Lucie County, only to fail .~ inability to sustain themselves during market downturns, J . ............. ........ '. ....... ...... ".. .......... r r fl. . f L ~ ~ [ f [ [ I I I I I I I I I '-' .,-, Recømmsndat/øn The key to developing a successful recycling program for the schoOlS Is to contract wIth a single, reputable hauler for the entIre aistrict ana enter into a service contract that clearly states the terms, services, and costs of waste cOllection (collect/on and disposal) and recycling. under suCh a contract, the fees for SOlid waste cOllection and recycling would be determined through a competitive bid process. we recommend that the terms of the contract state that upon the Implementation of a comprehensive recyclIng program at each SChOOl, the level Of garbage and recycling service and the aSSOCIated fees be aCl)usted accordlnglN. (This step could significantly reduce the school district's overall cost Of waste services). In adddlt/on, the hauler would be requlrect to continue provIding service regardless Of the poor market conditions for the resale of the recyc/ables and assume the liability thereof. This schaal Cl/strlct may wIsh to consider the pOSSibIlIty of Sharing revenues with the hauler for the sale Of the recyclable materials. While waste cOllectIon and recyclIng services can be provided Independent Of each other and by different haulers, the lowest net cost for waste ..!J collect/on servIces will be realized If the recycling services are providea Õ'Í: the same hauler and therefore included In the contract for sO/;'twaste ~.... collection services. All Of the major waste haulers In st. Luci '..~ have the resources to service the school district's waste ha .~ provide recYcling services to many Of their existing custo .' .~ inclusIon Of both waste cOlfectlon and recyc/lng under th will result in the greatest cost efficiencies for both servic r c [J r f1 t ~ ~ [ f I I I I I I I I I I ......, '.J steps to Implement the Recycling PI'ØII,am The st. Lucie county ReCYCling Coordinator and her staff will assIst to the extent necessary to develOp ana Implement this program. 1, schoOl distrIct to enter Into a contract with a waste hauler for the collection Of solid waste and/or recycling at all public schools In the district. - 2. SChOOl district sta~ RecyclIng Coordinator, and waste hauler develop a comprehensive plan to initiate recycling /n the schoOls. Mater/aM to be recycled: From classrooms and Off/ces Mixed paper Newspaper 3. From the cafeterIa MIlk cartons Drink boxes Juice Bags Plastic bowls cardboard steel cans Plastic jugs Recycling Coordinator will develop a written guide for to Inform them of the Implementation and malntena- process. Recycling CoordInator and staff will meet - prIncipal to develop a specific program for their sc determine the level Of collect/on service needed, recommendations accordingly. ..~ . "-' -, '. . :1 ~ ;~""'::'.: ::.. 4. Recycling Coordinator will provIde all In-classroom containers. Hauler wIll provIde external contalne and reevcllng. 5. Each school wll/ appoint an In-house team of facu students to manage the program. Recycling Coordi .. .- will aid each SChool In the promotion and training for -- program. 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("þ ~ ~ ~ a .'. ~ g ~" ~. .Q Er ~ ("þ Þ--'~" . ~ .,,< 0 = "g. F;l. ~ ti1 ~ g ~ ~ ~ 8 s~ ::t S 0 ;:¡-. ~ t=': = .:. , Q.. (JQ ~ ("þ š ("þ G =~ ~.~ n ~. ~ g. ~ š ~ . ~ Et' U'.! g ,,~ ~ ,,-..... 0 0 00 t:r'. ~ en '- ., 0 '-II tn 0 (JQ f""+o G ,...., "". ~ ~ f""+o.... .... f'\"\ ~ t-I ~ Cl. tì-+ ~. Ä. <n~.- ~. :g ~ ~ 0 ~~. a .E8 ~. S ~ ~. S' §. ~ ~ ::! ë- == g ~ ("þ ~ ~ 0 Q..= Þ-t '-" Þ-t Þ--' 0.. H ('þ ~. g ~ ("þ g~ sa. ~ Cl. 'g ~g~ ~o~ ~ .; ~ ~ ª ~. Þ-t ~ ("þ ~. ~ ~ p ~. = ::t. ~ Cl. (JQ ("þ ~. Š = :I: o ~ o yO ~' ~ ~o CD ~ .. 00 ~~~ G). ¡;¿)c; . .. .. :;gCDu v . . ~ .. :: en %fYJ .. . t- O) .., . I CD C. ·v '-' AGENDA REQUEST ......, ì/ ITEM NO. -I- DATE: September 7, 1999 REGULAR [XX] PUBLIC HEARING [ ] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 99-218 - Endorsement and Congressional Authorization of the Central and Southern Florida Project Comprehensive Review Study (Restudy) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 99-218 as drafted. COMMISSION ACTION: [XJ APPROVED [] DENIED [ ] OTHER: E: ------ County Attorney: ~/ V Review and Approvals Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable) Eft. 5/96 - '-" ..., .- I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. Mcintyre, County Attorney C.A. NO. 99-1177 DATE: August 30, 1999 SUBJECT: Resolution No. 99-218 - Endorsement and Congressional Authorization of the Central and Southern Florida Project Comprehensive Review Study (Restudy) ========================================== BACKGROUND: In 1995, St. Lucie and Martin County established the Regional Attenuation Facility Task Force to find methods to improve water quality in the St. Lucie River and the Indian River Lagoon and to develop stormwater projects to improve stormwater management and reduce flooding throughout the region. In 1997, the Board established the Restudy Joint Coordination Committee ("Restudy Committee") for Martin and St. Lucie Counties which is charged with assisting the U.S. Army Corps of Engineers (USACE) and South Florida Water Management District (SFWMD) with public awareness and education efforts and with representing the broadest possible local interests during these efforts. The USACE and SFWMD have collaborated in the development of the Central and Southern Florida Comprehensive Review Study (Restudy) to provide adequate water for the natural system while enhancing future water needs for urban and agriculture, continuing to provide flood control and correcting infrastructure to reverse previous environmental consequences and restore environmental systems to viability. The Restudy has been submitted to the Congress for formal consideration, authorization and appropriation. The attached resolution No. 9~-218 encourages "-' "'" the Congress of the United States to endorse the Restudy and commit to work cooperatively to further the Restudy through authorization, appropriation and implementation. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board adopt Resolution No. 99-218 as drafted. DSM/caf Attachment '-' ....,¡ RESOLUTION NO. 99-218 A RESOLUTION PERTAINING TO THE ENDORSEMENT AND CONGRESSIONAL AUTHORIZATION OF THE CENTRAL AND SOUTHERN FLORIDA PROJECT COMPREHENSIVE REVIEW STUDY (RESTUDY) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Everglades is an environmentally unique global asset; and, 2. The future of Florida's sustainability is dependent upon an adequate supply of water for urban, agricultural and natural system demands, appropriate flood control measures to ensure the continued viability of existing developed areas and restoration and protection of natural resources necessary to maintain healthy biological communities; and, 3. The Central and Southern Florida Project, begun in 1948 and completed in 1969, succeeded in its originally intended purpose of providing flood control; and, 4. The Central and Southern Project has resulted in unintended environmental consequences, which have been compounded by the rapid urbanization of Florida; and, 5. Restoration of degraded natural systems such as wetlands, lakes, rivers, and estuaries benefits all residents and visitors to Florida and sustains economic vitality; and, 6. The United States Army Corps of Engineers and the South Florida Water Management District have collaborated in the development of the Central and Southern Florida Comprehensive Review Study (Restudy) to provide adequate water for the natural system while enhancing future water needs for urban and agriculture, continuing to provide flood control and correcting infrastructure to reverse previous environmental consequences and restore environmental systems to viability; and, 7. The Board has created a Restudy Committee to assist in the review of the Restudy; and, 8. The Congress of the United States has been presented the Restudy for formal consideration, authorization and appropriation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the Congress of the United States is encouraged to endorse the Restudy and commit to work cooperatively to further the Restudy through authorization, appropriation and implementation. After motion and second, the vote on this resolution was as follow¡s: \.,;' ......, CHAIRMAN PAULA A. LEWIS xxx VICE CHAIRMAN JOHN D. BRUHN xxx COMMISSIONER CLIFF BARNES xxx COMMISSIONER DOUG COWARD xxx COMMISSIONER FRANNIE HUTCHINSON xxx PASSED AND DULY ADOPTED this 7th day of September, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ( \--- 08/23/99 __- LUCIE COUNTY - BOARD PAGE 1 ~ ....., FZABWARR WARRANT LIST #46- 14-AUG-1999 TO 20-AUG-1999 FUND SUMMARY ( FUND TITLE EXPENSES PAYROLL :J 001 General Fund 142,944.56 250,774.01 001120 Community Services Block Grnt 98/99 5,680.74 218.75 001126 Section 112/MPO/FHWA Planning 99/00 0.00 3,220.62 001228 White City Park DEP 1,137.50 0.00 001242 98/99 E. M.. P.A. 330.08 0.00 101 Transportation Trust Fund 36,981.05 90,539.22 101002 Transportation Trust/80% Constitut 3,106.00 0.00 101006 Transportation Trust/Impact Fees 6,706.50 0.00 102 Unincorporated Services Fund 4,838.48 34,301.15 102001 Drainage Maintenance MSTU 0.00 2,911.10 105 Library Special Grants Fund 18.27 1,872.58 107 Fine & Forfeiture Fund 222,417.08 58,492.97 113 Harmony Heights 3 Fund 197.32 0.00 114 Harmony Heights 4 Fund 434.85 0.00 116 Sunland Gardens Fund 481.82 0.00 117 Sunrise Park Fund 120.29 0.00 119 Holiday Pines Fund 695.95 0.00 121 Blakely Subdivision Fund 65.93 0.00 123 Queens Cove Lighting Distl13 Fund 244.65 0.00 136 Monte Carlo Lighting MSTUl4 Fund 1,275.23 0.00 138 Palm Lake Gardens MSTU Fund 103.55 0.00 140 Port & Airport Fund 4,253.89 7,867.07 140274 FOOT/ Terminal Expansion 58,213.28 0.00 160 Plan Maintenance RAD Fund 5,540.32 1,964.80 170 Court Facilities Fund 1,427.55 0.00 181 SLC Housing Finance Authority Fund 296.00 0.00 183 Ct Administrator-19th Judicial Cir 28.65 5,309.39 183001 Ct Administrator-Arbitration/Mediat 0.00 1,716.80 183004 Ct Admin.- Teen Court 251.52 2,116.08 183207 Court Transcribing Costs 98/99 369.00 0.00 184202 Ft Pierce Inlet Mgmt Implementation 4,029.50 0.00 184802 FIND-Spur Jetty 2,014.75 0.00 185203 FHFA-SHIP 98/99 29,500.00 0.00 186 Recycling Operating Fund 709.47 1,334.69 186202 DEP-Recycling & Education 98/99 0.00 444.89 316 County Capital 7,512.69 0.00 335 Becker Road Capital Fund 331.80 0.00 339 Timberlake Estates MSBU Capital 1,080.42 0.00 401 Sanitary Landfill Fund 11 ,020.86 23,966.19 418 Golf Course Fund 13,863.36 15,474.19 421 H.E.W. Utilities Fund 12.07 163.88 441 North Hutchinson Island Utilities 202.51 2,731.04 451 S. Hutchinson Utilities Fund 189.54 2,567.18 461 Sports Complex Fund 22,470.72 9,143.12 461801 Sports for Life Baseball Camps 1 , 500 . 00 0.00 491 Building Code Fund 668.40 13,917.07 501 Automated Services Fund 16,018.96 54,645.32 505 Health Insurance Fund 62,667.40 0.00 - _._-_.._-----,..~--,-._-,-------,..__.__. --_._~.-._-- .-.' ,---- 08/23/99 LUCIE COUNTY - BOARD ....., PAGE 2 ~ FZABVARR - VARRANT LIST 146- 14-AUG-1999 TO 20-AUG-1999 i FUND SUMMARY (' FUND TITLE EXPENSES PAYROLL 'j 505001 Property/Casualty Insurance Fund 3,291.90 0.00 510 Service Garage Fund 13,988.28 8,108.73 611 Tourist Development Trust-Adv Fund 6,650.99 3,717.76 625 Law Library 0.12 0.00 GRAND TOTAL: 695,883.80 597,518.60 ~~ \-'",. --'-'-'_.~-"".'-- .-. -~..,....~,,.._..-,.-..~- .~~- .-..-.".---- 08/23/99 FZABWARR , . LUCIE COUNTY - BOARD ~ .'wI VOID 115T# 46- 14-AUG-1999 TO 20-AUG-1999 FUND: 001 ¿ 'General Fund .;¡ CHECK INVOICE VENDOR TOTAL 00245556 99029412 Tucker, Dean ,,,,,~--;-~~-..............- 364.00 FUND TOTAL: 364.00 ~~---~- ------- -- --~--_._._--- PAGE 1 08/27/99 ....... LUCIE COUNTY - BOARD ......, PAGE 1 FZABVARR VARRANT LIST #47- 21-AUG-1999 TO 27-AUG-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 380,960.03 21,149.60 001120 Community Services Block Grnt 98/99 8,972.02 0.00 001126 Section 112/MPO/FHVA Planning 99/00 329.70 0.00 001226 TDC Non-Sponsored Trip Grant 97/98 193.73 0.00 001235 TDC Planning Grant 98/99 4.37 0.00 001242 98/99 E. M.. P.A. 2,465.56 0.00 101 Transportation Trust Fund 40,999.14 0.00 101002 Transportation Trust/80% Constitut 525.00 0.00 101003 Transportation Trust/Local Option 81,691.50 0.00 101006 Transportation Trust/Impact Fees 1,165.00 0.00 102 Unincorporated Services Fund 5,146.14 0.00 102001 Drainage Maintenance MSTU 4,072.12 0.00 105 Library Special Grants Fund 4,732.76 0.00 107 Fine & Forfeiture Fund 2,861,805.67 0.00 112 River Park II Fund 507.17 0.00 120 The Grove Fund 138.22 0.00 122 Indian River Estates Fund 832.80 0.00 126 Southern Oak Estates Lighting 108.57 0.00 139 Palm Grove Fund 648.34 0.00 140 Port & Airport Fund 4,872.44 0.00 160 Plan Maintenance RAD Fund 4,656.29 0.00 170 Court Facilities Fund 4,162.51 0.00 182 Environmental Land Acquisition Fund 2,000.00 0.00 183 Ct Administrator-19th Judicial Cir 793.31 0.00 183001 Ct Administrator-Arbitration/Mediat 893.16 0.00 183004 Ct Admin.- Teen Court 310.86 0.00 183207 Court Transcribing Costs 98/99 2,088.00 0.00 185203 FBFA-SHIP 98/99 15,500.00 0.00 186 Recycling Operating Fund 865.29 0.00 186202 DEP-Recycling & Education 98/99 451.06 0.00 205 Beach Bond I&S Fund 117,002.50 0.00 262 Tourism Dev 4th Cent I&S Fund 198,783.83 0.00 282 Environmental Land I&S Fund 880.00 0.00 315201 DOS-315-Fort Pierce Branch Library 9,995.00 0.00 316 County Capital 50,290.49 0.00 316001 Transportation Capital 1,283.20 0.00 338 Anita Street Capital Fund 820.00 0.00 401 Sanitary Landfill Fund 865,691.41 0.00 401216 DEP-Litter Control & Prevent 98/99 3,050.00 0.00 401217 DEP-Vaste Tire 98/99 1,310.64 0.00 418 Golf Course Fund 12,848.33 0.00 441 North Hutchinson Island Utilities 3,664.68 0.00 451 S. Hutchinson Utilities Fund 1,390.94 0.00 461 Sports Complex Fund 4,724.92 0.00 461801 Sports for Life Baseball Camps 1,200.00 0.00 491 Building Code Fund 3,442.86 0.00 501 Automated Services Fund 20,505.50 0.00 ~QS H..lth In_u~.nQ. Fund 3QS, 771. 63 6,4io2.0a 08/27/99 FZABWARR \..rt. LUCIE COUNTY - BOARD ""'" WARRANT LIST #47- 21-AUG-1999 TO 27-AUG-1999 FUND SUMMARY PAGE 2 FUND TITLE EXPENSES PAYROLL 505001 Property/Casualty Insurance Fund 349.04 0.00 510 Service Garage Fund 33,083.61 0.00 611 Tourist Development Trust-Adv Fund 499.83 0.00 625 Law Library 41. 71 0.00 GRAND TOTAL: 5,158,520.88 I 27,591.63 y.,;,;:O ......-i~.-.-......""...:. , -'"':'~_"_ .:,,; .:~.....,.-, 08/27/99 FZABTJARR '-"" LUCIE COUNTY - BOARD ....,I VOID LIST# 47- 21-AUG-1999 TO 27-AUG-1999 FUND: 001120- Community Services Block Grnt 98/99 CHECK INVOICE VENDOR 00247182 99033925 Ft Pierce Utility Authority In FUND TOTAL: TOTAL 117.14 117.14 PAGE 1 "'~'~"7,",_.",,.._t.._"'""'"""";'~"_''''''''''-~.-.r_~,:.;.,.......~.........._-.:_-.........,..-<ti':'·t~¡;;;?~·--'[';;7~;..-.:;.-,-;:;--c;::. 08/27/99 ,-",,' LUCIE COUNTY - BOARD ......, VOID LI5T# 47- 21-AUG-1999 TO 27-AUG-1999 FZABVARR FUND: 282 - Environmental Land 1&5 Fund -~ ..) CHECK INVOICE VENDOR TOTAL 00247050 99033055 Villiam R Hough & Co FUND TOTAL: 880.00 880.00 PAGE 2 D }A'14 09/03/99 .. ~. LUCIE COUNTY - BOARD .....,J PAGE 1 í FZABVARR VARRANT LIST #48- 28-AUG-1999 TO 03-SEP-1999 FUND SUMMARY FUND TITLE EXPENSES PAYROLL ,J 001 General Fund 248,614.91 287,216.52 001120 Community Services Block Grnt 98/99 1,657.21 0.00 001126 Section 112/MPO/FHVA Planning 99/00 0.00 3,903.44 001228 Yhite City Park DEP 2,480.00 0.00 001242 98/99 E. M.. P.A. 336.96 0.00 101 Transportation Trust Fund 33,912.06 88,500.00 101003 Transportation Trust/Local Option 95,745.60 0.00 101006 Transportation Trust/Impact Fees 12,750.00 0.00 102 Unincorporated Services Fund 1 , 717 . 64 33,448.67 102001 Drainage Maintenance MSTU 8,792.00 2,911.02 105 Library Special Grants Fund 1,931.15 1,878.41 107 Fine & Forfeiture Fund 45,396.75 55,239.45 111 River Park I Fund 2,517.55 0.00 115 Sheraton Plaza Fund 431. 82 0.00 118 Paradise Park Fund 692.47 0.00 140 Port & Airport Fund 6,560.43 7,343.70 140274 FDOT/ Terminal Expansion 600.00 0.00 160 Plan Maintenance RAD Fund 1,132.76 2,199.27 170 Court Facilities Fund 3,179.04 0.00 182 Environmental Land Acquisition Fund 0.00 29,185.08 183 Ct Administrator-19th Judicial Cir 324. 10 5,309.39 183001 Ct Administrator-Arbitration/Mediat 449.90 1,716.80 183004 Ct Admin.- Teen Court 61.31 2,116.08 183105 Dom Relations Hearing Officer 99/00 5,979. 15 0.00 186 Recycling Operating Fund 173.46 1,334.69 186202 DEP-Recycling & Education 98/99 462.07 444.89 315 County Building Fund 14,825.59 0.00 315201 DOS-315-Fort Pierce Branch Library 600.00 0.00 316 County Capital 21,196.68 0.00 338 Anita Street Capital Fund 1,006.53 0.00 382 Environmental Land Capital Fund 1,300.00 0.00 401 Sanitary Landfill Fund 15,366.44 24,254.35 401217 DEP-Vaste Tire 98/99 2,540.25 0.00 418 Golf Course Fund 3 , 413 . 90 16,269.97 421 H.E.V. Utilities Fund 532.91 295.51 441 North Hutchinson Island Utilities 56,546.63 2,520.60 441801 SFYM Reclaimed Vater Main NHI Vaste 7,283.40 0.00 448 Renewal & Replacemen t Fund 125.00 0.00 451 S. Hutchinson Utilities Fund 9,384.18 2,497.30 461 Sports Complex Fund 5,075.34 10,743.07 471 Holiday Pines Utilities Fund 3,276.86 0.00 491 Building Code Fund 1,188.19 14,757.34 501 Automated Services Fund 53,019.46 53,794.07 505 Health Insurance Fund 226.28 0.00 510 Service Garage Fund 6,060.69 8,133.06 611 Tourist Development Trust-Adv Fund 2,028.55 2,735.41 625 Law Library 420.70 0.00 671 VaRner Place Fund 1O.7S0.oo 0.00 GRAND TOTAL: 692,065.92 658,748.09 09/03/99 ~. LUCIE COUNl'Y - BOARD..""",I FZABVARR VOID LIST# 48- 28-AUG-1999 TO 03-SEP-1999 FUND: 001 - General Fund CHECK INVOICE VENDOR 00247520 99034427 Fred Pryor Seminars / A Divisi FUND TOTAL: TOTAL 42.55 42.55 PAGE 1 09/03/99 ~ ~. LUCIE COUNTY - BOARD ~ ~ FZABVARR VOID LIST# 48- 28-AUG-1999 TO 03-SEP-1999 FUND: 001120- Community Services Block Gmt 98/99 CHECK INVOICE VENDOR 00246904 99032692 Stallings, John FUND TOTAL: TOTAL 500.00 500.00 PAGE 2 AGENDA REQUEST '-" ITEM NO. c-A' DATE: September 7, 1999 ~ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINeERING DIVlSIO~ 4115 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: ß%&.g. CSJ~/, (Donald B. WJst, P.E. County Engineer ~UÐJECT: Extension of Agreements for Continuing Professional Engineering Services for Roadway and Intersection Design. BACKGROUND: On September 30, 1999, agreements with Culpepper & Terpening, Inc.; Kimley-Horne&Associates, Inc.; Lindahl, Browning, Ferrari & Hellstrom, Inc.; and In'NOOd Consulting Engineers, Inc., will expire. The original agreement was to provide Roadway and Intersection Design on a continuing basis. The agreements were for a period of I'M) years with the option of a one year extension. FUNDS AVAIL.: nla PREVIOUS ACTION: March 5, 1996 - Board authorized staff to seek letters of interest from qualified firms to provide roadway and intersection design services on a continuing contract basis. August 12, 1997 - Board approved the short list and authorŒed staff to enter into contract negotiations. RECOMMENDATION: Staff reoommends approval of the one year extension to the agreement for Roadway and Intersection Design with Culpepper & Terpening, Inc.; Kimley-Horne & Associates, Inc.; Lindahl, Browning, Ferrari & Hellstrom, Inc.; and Inwood Consulting Engineers, Inc., and authorize the Chairman to sign the agreements. COMMIS$ION ACTION: [XJ APPROVED [ ] OTHER: [ ) DENIED __ :k'. (x)Originating Dept. Public WorkS .1f!4'-. road&int.ag.~ - CoordInatIonlSlanab.res [ ]Mgt. & Budget [x)Co. Eng ~ t..Ñ ' £1 [X]BudgetlR8Y~ r\ [~ '-' -....I AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this _ day of 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"), and CULPEPPER AND TERPENING, INC., (the "Engineer"). WIT N E SSE T H: WHEREAS, on November 25, 1997, the parties entered into an Agreement wherein the Engineer agreed to provide professional engineering services related to roadway (including but not limited to roads, sidewalk and bike paths) and intersection design for projects throughout St. Lucie County. WHEREAS, the parties have agreed to exercise the option to extend the tenn of the Agreement for the additional tenn of one (1) year on the same tenns and conditions, including the fee schedule. NOW, THEREFORE, in consideration of the mutual promises contained herein, the November 25, 1997 Agreement is hereby extended until and through September 30,2000. Except as extended herein, the remaining tenns and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: CULPEPPER AND TERPENING, INC, BY: SECRETARY AUTHORIZED OFFICER Print g:lattylagreemnt\C&T.99 (Name) (SEAL) '-" "wi AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this _ day of 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"), and LINDAHL, BROWNING, FERRARI & HELLSTROM, INC., (the "Engineer"). WIT N E SSE T H: WHEREAS, on November 25, 1997, the parties entered into an Agreement wherein the Engineer agreed to provide professional engineering services related to roadway (including but not limited to roads, sidewalk and bike paths) and intersection design for projects throughout St. Lucie County. WHEREAS, the parties have agreed to exercise the option to extend the term of the Agreement for the additional term of one (1) year on the same terms and conditions, including the fee schedule. NOW, THEREFORE, in consideration of the mutual promises contained herein, the November 25, 1997 Agreement is hereby extended until and through September 30,2000. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: LINDAHL, BROWNING, FERRARI & HELLSTROM, me. BY: SECRETARY AUTHORIZED OFFICER Print g:lattylagreemntllbf&h.99 (Name) (SEAL) ~ \wII AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this _ day of 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"), and KlMLEY-HORN AND ASSOCIATES, INe., (the "Engineer"). WIT N E SSE T H: WHEREAS, on March 10, 1998, the parties entered into an Agreement wherein the Engineer agreed to provide professional engineering services related to roadway (including but not limited to roads, sidewalk and bike paths) and intersection design for projects throughout St. Lucie County. WHEREAS, the parties have agreed to exercise the option to extend the term of the Agreement for the additional term of one (1) year on the same terms and conditions, including the fee schedule. NOW, THEREFORE, in consideration of the mutual promises contained herein, the March 10, 1998 Agreement is hereby extended until and through September 30,2000. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. A TIEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATIORNEY WITNESSES: KlMLEY-HORN AND ASSOCIATES, INC. BY: AUTHORIZED OFFICER Print g:lattylagreemntlkimJey-hom.99 (Name) "-" .....,¡ AGREEMENT EXTENSION THIS AGREEMENT EXTENSION, made this _ day of 1999, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"), and INWOOD CONSULTING ENGINEERS, INC., (the "Engineer"). WIT N E SSE T H: WHEREAS, on September 9, 1997, the parties entered into an Agreement wherein the Engineer agreed to provide professional engineering services related to roadway (including but not limited to roads, sidewalk and bike paths) and intersection design for projects throughout St. Lucie County. WHEREAS, the parties have agreed to exercise the option to extend the term of the Agreement for the additional term of one (1) year on the same terms and conditions, including the fee schedule. NOW, THEREFORE, in consideration of the mutual promises contained herein, the September 9, 1997 Agreement is hereby extended until and through September 30,2000. Except as extended herein, the remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: INWOOD CONSULTING ENGINEERS, INC. BY: SECRETARY AUTHORIZED OFFICER Print g:\atty\agreenmt\inwood.99 (Name) (SEAL) '-' AGENDA REQUEST "will ITEM NO. C - -3A: DATE: 9/7/99 CONSENT [X] REGULAR PUBLIC HEARING TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Leisure Services Michael D. Leeds Department Head SUBJECT: Contractor for the Resurfacing of Lawnwood/Lakewood Tennis Courts. BACKGROUND: On June 22, 1999, The Board of County Commissioners approved the resurfacing of the Lawnwood/Lake'tJood Tennis Courts. However, a contractor's name was not submitted. ?TJNDS AVAIL: 316.7210.599300.7502 Parks Maintenance - rlvailable funds $15,000.00. ?REVIOUS ACTION: Agenda Item C-4b - Resurfacing of Tennis Courts at Lawnwood/Lakewood Park approved June 22, 1999. RECOMMENDATION: Staff recommends ~he approval of D & B Tennis as the contractor to resurface the Tennis courts. [X] ] APPROVED OTHER: DENIED COMMISSION ACTION: Coordination/Siqnatures çounty Attorney: Originating Dept :$U ¿ Mgt: & Budget: Pu...'"Cbasing: Cther: Other: ?inance: (copies only) : UF. ll/4/93 f' '-" ....., C j (\ DEPARTMENT OF LEISURE SERVICES Recreation Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mike Leeds, Leisure Services Director FROM: Don McLam, Projects Manager DATE: August 27,1999 SUBJECT: Tennis Court Resuñacing - LawnwoodlLakewood ****************************************************************************** On June 22, 1999 the Board of County Commissioners approved Agenda Item C-4b. The resurfacing of the two teaching courts at Lawnwood Tennis Complex and the resurfacing of the four tennis courts at Lakewood Park Recreation Area. This courts are able to be resurfaced do to the funds saved through another resurfacing project. The contractor (D & B Tennis) that resurfaced Lawnwood Tennis Courts 3 through 6 and the Open Space Basketball Courts has agreed to maintain his per court prices for the LawnwoodILakewood tennis courts. Actually the over all cost for the six courts is $ 817.50 less than the per court cost from the Lawnwood agreement. Attached is a contract for D & B Tennis in the amount of$ll, 235.00 to resurface six tennis courts at the two locations. Staff recommends the BOCC approve D & B Tennis as the low bidder and request the BOCC Chair to sign the contract. '-" ...."I CONTRACT THIS CONTRACT, made this 1999, between ST. LUCIE COUNTY, state of Florida, he::-eir:after day of a Dolitical subdivision called the "C8UNT~ f" and of D the &: B Tennis, or his, its or ~heir successors, executc::-s, admir:istrators, and assigns herei!laf'::e::-::alled the "CJN'I'RAC'I'OR.11 WITNESSETI1: 1. PURPOS3/DESCRIP~:ON OF WORK ~hat :antractc~ aq~~es with C~unty, ;~~ the c8nsiàer~c:on herein mentioned, at ~is, its or thei::- own prepe::- cost and e~er:se to do all ~he 'Nork ::ine. furnish a ~ ~ the mace::::-ia::"s, equipr.:ent, supplies, a~d labor ~ecessar1 to car::::-y out t~is Ccnt::-act i~ ~he manne-= and to the :·..Ü::" extent as set 1:or-::: 1.:: the Con-:::-act Documentsf and to ~he satisfactien of t~e d~ly authe::-ized representatives of St. ~~cie CountYf who shal::" have at all cimes full opport~nity to i~spect the materials to ~e fu~ished and the Work to be done unde::- this Contract. It is agreed tha~ t2e work to ~e done une.e::::- t::1.S Contrac-: is the ::-esurfacing, in 3. 5 ingle color f or: :ou::::- te:"--.'1is courts at Lakewood Pa::::-k and ~·..iO instructional cour-:s __ ~awr:wood Tennis Complex set. forth i:: t:::e Quote attached here~o a::d :nade a :Jart hereof as 3xhibi t "A.. " Any conflict bet·,.¡een ::he terms and conditions of Exhibi~ "~" and the te::::-ms and :onditiens of this Cont::::-act, shall be in-:e=?reted in favor of this Ccr:t.::::-3.ct. 2 . PROJEC~ MANAGER The Project Manaqer :or the County is Don :~cSa~(56:) 462-:314. The p::::-oject Manager :or the Contractor is Da::::-::::-el::" Pe::::-ozynski at (941) 382-2.363. 3 . TIME OF PERFORID-~CZ The Ce~tractor s~al::" begin work within ten (lJ) calendar days after the signing, e:ŒC".lt.ion and delivery 0: ·,.¡ri::::en notice to -1- '-' ....., proceed, and shall guarantee completion of the Contract on or before thirty (30) calendar days from the date of notice to proceed. Commencement of the work by the C:mtractor shall be deemed a waiver of this ~otice. The work shall be conducted In such a manner and with suf:icient labor, ma~erials, tools, and equipment necessary ~o comple~e the work withi~ the time limit set for~h in the Contract. Scould the organizatic~ of the Contractor, or its management, or the :nanner of carryi~g on the work be mani=estly irrcompec.erlt, or i~adequac.e to do :.he ""'ork: speci:ied within the sc.ated ti:ne, ::hen the County sha:: have the righ~ :0 take charge of the "",ork and finish it and ::Jrovide the lai:cr, mac.erials and equipment ~ecessary to complete :.he work: as pla~~ed within the required ::ime and to charge the ccs~ 0: all such wcrk: agai!1sc. the Contrac::or and his, or its SL:.reey shall be ::eld responsible :.herefore. T~e Contractor fully u~~ers::ands and agrees thac. the COU!1ty shal: noe pay for any obliga::ion or expendic.~re made by the C::mtractor pr:.or to the effec::i ve date of ~his Cont~~ct, unless the Cou~ey authorizes such payme~c. in writirrg. 4. CONTRAC':' PAYMENT The County shal: pay the Contractor for the performance of this Contract and satisfactory completion of the project In accordance "",ith the :.er:ns and conditions of ::his Contract, ::he total amount of eleven thousand two hundred and ::hi::-c.y-five dol:ars ($11,235.00). PaY'1T1en~ sr:.a:l ;:;e made no later ~:--:.an forty-five \';5) days after ::he work: is acceDc.ed by the County ?roject Manager. 5" AUDIT The Ccnc.ractor agrees t:hat the County ::r any of its ë.uly authorized representati 7es shall, until the expi::-ation or t::ree years after expendi::ure of funds under this Cont::-act, have access to and the right ::0 examine any direct:: pertinent bocks, documents, papers, anci records of the Contractor involving transactions re:ated ::0 this Contract. The Co~::ractor agrees ::hat payment(s) :nade under this Contract shall be subject to reduc::ion for amounts cha::-ged ::he::-eto which are found c~ the basis of auë.it examination not to const:"tute allowable costs -":"'"1.de::- this Cont::-act. The Contrac::or sha:l re~und by check: payable to the County the amount of such ::-eductior- of payments. All re~~ired records s~all be maintained u~til an a~dit is completed and a:l questions arising therefrom are resolved, or three years after completion of the -2- '-" ....", project and issuance of the final cert~:icate, whichever lS sooner. 6 . GUARANTEE The Cone~actor guarantees to repa:.~, ~eplace or otherwise make good to the satisfact~on of the County any defects in workmanship or material appearing in the work wit~in sixty (60) days after the day ehe work is accepeed by the County ?roject ~anager. Contractor fu~~her guarantees t~e successful performance of the work for ~he se~Tice inte~ded. Neither inspection ~or payme~t, including final payment by the County shall relieve ~he Ccnc~ac=or f~om his or its obligations =0 do and complete the wc~k in accordance with this coneract. _= tne County deems it: inexpedient to requi~e =~e Cent:~actor te cor~ect jeficienc or defecti'le ma=erials or labor, an e~~it:able deduction f~om the contract ~rice sha:~ be made therefore or in the al=ernative, the County may sue for ~amages. 7. ~CONTRACTOR RESPONSIBILITY The Conc~actor is an independe~= contractor and is not an employee or agent of =he County. Nothi~g in this Coneract shall ~e ineerpreted =0 estab::'ish any relationship other than tha.t of an independent cont~acte~, between the County and =he Contractor, its employees, agents, su~contractors, or assigns, juring or after the performance of this Contract. The Con=ractor shall take the whole responsibili=y of the work and shall =ear all ~osses ~esulting to him, or it, en accou~t of the amount ~r cna~ac=er of the work, or because of the nature of the ground in or on which the work is done is different from what: was assumed or expected, or because of ~ad weather, or ~ecause of errors or omissions ~~ his or its bid on the Contract price, o~ except as other-,.¡~se prov:.ded in the Contract Documents because of any other cause ~hat:soever. 8 . INDEMNI?ICATION The Con=ractor covenants and agrees at a~l times to pay en behalf of and to sa?e, hold, and kee~ L":a=mless the County, its Officials, ~illployees, Agents, and Vc~un~eers and ~ndemnify the County, its Jfficia:s, Employees, Age~es, and Volunteers againse any and all claims, jemands, penalties, judge=ents, court coses, at corney's fees, and ~iability of ever-j ki:1d a~:i natu~e whatsoever arising out of or in any way connected or arising out of =he -3 - '-w' ....", performance of this Contract. The.Contractor hereby acknowl~dges that the payments made under this Cont::::-ac~ includes specific consideration for the indemnification provided he::::-ein. 9. INSPECTION The project ~ill be inspected by the ?ro:~ct ~anager fer she County and will be rejected if it is not in :onformity wit:: she Contrac~ provisions. Reject~d work will be i~~ediately correcsed by the Concrac':or. :.¡hen the ",york is sUDstar:ciall j' completed, she Contractor stall notify the County in writing :hac the work stall be ready for final inspection on a definice =ace, at least s~ree (3) calendar days cherea:terf which shall be s:ace¿ in such neci:e. 10. INSURANC3 A. WORKER'S COMP&~SATION The Concracter shall procure an¿ maintain, through :he term of this C~r:crac~, Werker's C:mDensac~on insurance ~n accordance wi en t::e laws of the State ':)f ?l:rida and in amC1..:.nts sufficient to secure the benefits ':)f che Florida Workmen's Compensation law for all employees of ::he :on-cractor and all subcontractors. T~e Worker's Compensatien i~surance policy required by tie Contract shall also inclu¿e ~~ployer's liabili:y. 3. GENERAL r..IÀBILITY The Cant=ac~or shall maintai~ dur~ng :he :ifecime of ~~is Contract regula::- C':)mprehensi ve Genera:' :'~abi2.i ty Insurance providing fer a li::Ü t of not less shar: ene ::undred thousand dollars($lOO,OOO) :er a2.1 damages arising cn..::: of ;:,odily injuries and property damage during the policy ;eriod. If any part of :he work is subj ect, si:ni2.ar insurance s::al:' be provided by er in behalf of the subcor:r.ract:.ors to cover S.:le:.::- e;erations. C. CERTIFICATE OF INSURANCE Contractor calendar subject to Cer::i: icates to all insurance shall ;:,e filed with the::Jur:::y days p::::-ior to the commence;::ent 0: the Co~nty's approval for ade~acy. re~~ired from she ac :'east seven: 7) wc::-k and shall be -4 - \wf """ 11. DEFAULT: TERMINATION Either party may terminate the C8r.~ract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In t.::e event of termi:1.ation, the County shall compensate the Contractor for all authorized work performed throueh - ~ ~ the termination date. ~ ..., ~"'. ATTORNE~S' FEES ~ COSTS In the event. of any dispuee ::oncer:::.ng the terms ar.d ccnditions of this :ontracc or in the e'1e:::: 0: any ac::ion by ar:'í par::y to this COrltract t.o judicially :'rlC er?rec or e:::orce t.::,is Contract or any proï:sion hereof, or:.n any dispute arising in any manner :rom t:::.s Coneract, the :;:;revai:ing par::y shal2. je eneitled to recover its reasonable cos::s, :ees ar:c. expenses, including but not :imited to, wit::ess ~ees, expert. feesf consúltant :ees, at. :orney, paralega:' ane:. :egal assistant fees, costs and expenses ar:d other professior:a: :: ees, cases ar:d expenses, whether suit je broug::e or noe, and whet.::e:::- any see ::lerr.ent shal: je entered in ar:y declaratory action, at :rial or on appeal. 13. NOTICES All noeices, requests, consents" ar:e:. c:::er cc:::municaticns required or ?ermitte~ under this Contract sha:: be ir. writing and shall be (as elecced by the person ~i7:"ng such r:otice) r:ar:d delivered by messer:ger or courier se::-:ice, ::elecommu:1icated, or mailed by regiseere~ or certified mai: (:;:;ost3oge pre:?aid) ret·..:.r:l receipt re~~ested, a~dressed to: As To County: wi t::' A :oPY To: St. Lucie CO~~ty Admi:1.istrator Administraticn A.~~ex 2300 Virginia Avenue Ft. Pierce,?~ 34982 St. :uc:"e :cunty A:torney Admi::is:::::-a:ion Anr.ex 23C: V:"=gi::ia Aver:ue Ft. ?ie::::-ce, FL 34382 -5- '-w' ..."", St. Lucie County Leisure Services Director 2300 Virginia Avenue Ft. Pierce( FL 34982 As To Contractor: Darrell Porozy~skì D & 3 Ten~is 3003 Waterwood Jr. Sebrirrg( ?L 33872 or ::0 suc:,_ ot:-:er address as any par':::- 11a:- ::'esignate by notice complying with che cerms of ::~is Sectio~. ~aci such nocice shall be ::ieemed ::ieli-lered (a; on ::-:e date ::'el:'-lered if by personal delivery, (b) on t::e dace upon ".....hich the re':.-...:.r:1 receipc is signed or ae~:.verl is ref-...:.sed or the notice is desiqnated by che postal authori~ies as not ::ieliverable, as the case ~ay oe, if mailed. 14. DELAY DAMAGES It is mut-...:.ally agreed becween the par~:.es hereto that time ~s of che essence in '::he performance of c::is::;::r:crac~. In the event the construction of the Work is not comp:"eced 'Ñithin the time herein specified t:-:e County wi::'l sur:=e::- damages, the amount of which is diffic-...:.lt if rrot impossible to asce::-eain. It is agreed, therefore ( chac from the compensation-oc::erÑise co be paid to the Concrac'::or, the Co~nty may recain the 3-"':'11 of ~ne hundred dollars ($100.00) per calendar day for each day t::ereaf~er, Sundays and holidays i:1cl~ded, that the ~'¡ork rema:.ns "..:.ncompleted. This sum shall reDresenc che ::iamages thac the Councy Hi::':" have sustained per calendar day f::-om che inconverlience ana e:çense caused to the Councy by che delay in the completion of che Wcrk. This sum is noc a pena::' ty ( being ene liquidaced damages ':.::e C::Junty will have sustained in 1:::e event of such defau::'c :Cy c:"1e Contractor. The County also reserves the right to recove::- ac':.-...:.al damages for ocher harm that resu:":s £::-om the delay_ The ~cncraceor shall be liable for li~~idat:ed ::iamages even if the Con:rac':. is terminated by che Cou~cy for cal:.se ::Jr if the C:mtraccor a'::a::::'ons the Work. The liabilicy of the C:::mcractor and its surety or sureties for liquidaced or actua:" damages is joint an::' s-s"leral. -6- '- ....., 15. MEDIATION In t~e event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-birrding mediae ion prior to filing a lawsuit. The parties shall agree on a mediator choserr from a list or certified mediators available from the Clerk of Court for St. Lucie Courrty. The ree of the mediator shall be shared equal:y by che parties. To the extent allowed by law, che mediaeion process shall be confideneial and the resc.:.':"ts of :he mec.1.ation or any testimor:y or argument introduced ac: the mediation shall noe be admissib':"e as evidence in any subse~c.:.errt proceeding concerning :he disputed :..ssue. :6. DISpTJTE RESOLUTION Any disputes relating to a quesc:ion or fact arising under chis Contiáct shall be resolved through geed faith effor~s ~pon the ~art or the Contract.or and the County or its representac:i ve. At all cimes, c:he Contract.or shall carryon the werk and maintair: its progress schedule in accordance with the requirements of ::he Contract and the determination of ehe Couney or its represen::aei ves, pending resolution of the dispute. Any dispute ::hat is nee resolved by mutual agreement sha:l be decided by the CGunty er i es representatives who shall rec.uce the decisien to 'Ñriting. :7. INT~RPRETATION: VENUE. This Contract. constitutes the entire agreemene between ::he parties Ni::h respect to the subject matter hereof and supersedes all prier verbal or written agreemerrts betNeen the parties Nith respect :':-:ereto. This Contract may only :Ce amended by wri:.::en document, properly authorized, exec'..lted and delivered by ::eth parties hereto. This Contract shall be interpreted as a whole ~nit and sectio:1 headings are for convenie!'lce only. A':"l im:erpretations shall be ;ove:r-ned by the laws of the State of Florida. In ::he event it is necessary for either party to initiate legal action regarding :.his Coneract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for c:aims under state law -7- ~ ~ and the Southern Dist~ict of Florida for a:1Y claims that are just~ciable in federal court. IN WITNESS TÑHEREOF, the County has hereunc~ s~bscribed and the C~nt~actor has signed his, its, or their name, or names the date af~resaid. ST. :UCIE COu~j~~, ?~OR:DA i'E~)JESSES : BY: P!:"~nc. Name: Title: .'\PPROVED AS TC ?JR.:': .:;"'-JD 20RRECTNE.3.3: BY: C~unty Ac -:::~ney WI':'NESSES: ft:~¿- ¡ ~ ~~~ BY:~~~ ' ~UTHORIZE: ~E~~ESENTATIVE ~ ~ \~ ~ Print Name ~ ~'rt..) -r~ f"~ <.... '\ ~"'\<.. I.. Title: a ,--,'0 '(\. ~ rt ¡'\"'T:'T'~UM,.·d'-àt:~.;' -8- \\. t H r. I? F. BY S l' 3\f1 T S? t:' ('1 F'T C .-\ TJ 0 .\1 S .-\ Nt) EST!:'rf -\ T! S :: 0 R : /~ f /',-~-5<..1'''cí-/r('_//VC';' cT 'j";:"../,. I', - , -, , -'~ 3 a 9 : a 9 AM O. 3,. r e: N N I '3 '" ..~. ,-". ,,&~ 7~ Offica Voica 941-Ja2-13g~ Shop Voica or Fax: 941.385-8579 D¡rre I Cal1ular= 941448-1 iOS Ray Cellular: 941-446-1i06 3003 Wat!rNood Dr. Sebring, FL 338ï2 ~~ S~~~.J & e~~tt3lt ~UOTE 1 TO" I ) --1 ..:,.:. / r-~' é /.' ( ¿'I, /..-v¡- ~ -! ~C'c \. .......' C,'/A/I /f- ÍÎ~!.r ,~; /:/.', '--/~ 3V;;7¿ ,/r , . ," . -i;", A /~ / I J .' / l,';' ,.. ,- í, 1'_,' ( ,- ...) <.: ¡ .~ "'-' ~ ! ~ / ...... I ~ '" rl\" r t'~ ...., ~ . / ¡ - <: } [A"/t-/',; \_Cc.~,~ I ....) ~4~ 33'5 3".57'~ F'.<)l DAAREL POROZYNSKI R.A r WOJCIK "'///~:/ /-L-. '\ , .; / I ' J. , . '"J . I / ,. \.. 0 C . I 1,-', ¿ r r ."_- / . I I·. ". I .... dl n /~ ,,.... . " "'.' ,,(_ ..:; . ì . cC" "';:# / 7&" (. ('. /'/. r :,-.- /./ ,......~- *- ;;:/ ~J(....... i) E Z (0 L~WN 'ÛCC"I ;) A "";; (': '/ ~ ¡; oiL' <: -. / - . -7'¿~ L"¿ )of ï ,.-.c (" /'":' I / C.r. .:. <:' ' .' -., ,/ ,,< j --:',1 ,-~ ~.:. (A.-r "":17/('-. /".....-c )2.7 ,',A",IYf /........, ¡"J 7 1"17 AUTHORIZED SIG='í.-\ Tt'R£: ,..... , ~ "L I I- -A- ......- , ! '-" AGENDA REQUEST ~M NO. C3'ß DATE: 9/7 /99 REGULAR PUBLIC HEARING [ CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: leisure Services PRESENTED BY: Mike Leeds Director SUBJECT: PA System for lawnwood Stadium BACKGROUND: Last year St. Lucie County entered into an agreement with the St. Lucie County School Board to operate and maintain the Lawnwwood Stadium Football Field. St. Lucie County BOCC and School Board approved a three (3) year agreement. In reviewing the needs of this facility, it became very evident that the PA System has become in-adequate for this facility due to the age and use of the system. FUNDS AVAilABLE: #001-7515-564000-700 - Machinery & Equipment PREVIOUS ACTION: August 24, 1999 the Board of County Commissioners approved the Inter-Local Agreement for Lawnwood Stadium. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the purchase of the PA System for Lawnwood Stadium, Budget Amendment #BA99-138, and Equipment Request #EQ99-239. COMMISSION ACTION: Doug Anderson County Administrator [x] APPROVED [] DENIED [ ] OTHER: Look at paying County back out of Capital Project Funds. Co 0 rd i n atio n/Siqnatures County Attorn"/ U£ Management & Budget, Originating Defrt/~ Public Works: Purchasing: Other: Finance: (Check for Copy only, if applicable)_ " ----_.-..- - .-.- :...........-.......................-.. --..-- ... --- .. - -' ..-........-........ ~ ~~ ~~§!5~ë;~È!~ª~ª~~~~iliÊê~~~~~~B[~ ~ j:;~;::~~~!::;~;;:;!~;:;:~;~~~:;;:5i ....._.... .... oo-¡,....... ~ . .... ..... .... ... _. -~~; H;: ~;;; ;;~: =; ;;:; .:::" :::.~:..= - :;... .;.., .á... ¡..~.. .... ..;..; iìI... .1_ ~ -..........................-............... -, - ;.!!~~.!~!~~~~~1.'!!_!.'!_~.'!_j~!'i~~~!~~~~~~~~~~ --..:..:....-~-~~""~:..:..~:=:::::::::~:!::~: '-' """ 3299 West Snow Road Port St Lucie, FL 349s.: (561) 336-4717 FAX (561)336-9574 PROFESSIONAl SOUND & LIGHTING Sates OnIce: 1253 SW Sarltiago Avenue Port St Lucie, FL 34953 (5~1) 34D-3799 REINFORCEMENT August 20,1999 Peter Keogh Special Facilities Manager St. Lucie County Leisure Services Dept. 2300 Virginia Ave. Fort Pierce, Florida 34982 PH: 462-1518 FAX: 462-1940 PROPOSAL FOR SOUND $YSTEM &:1: LAWNWOOD SJ'ADIUM IN FORT PIERCE. FL 1 MACKIE 1202 MIXER ( 8 CHANNelS) 1 CROWN MACRO 2400 STEREO AMP 2 WIRED MICROPHONES WITH SWITCHES (AUDIX OM-2S) 2 20 FOOT MICROPHONE CABLES 1 TELEX USR~100 WIRELESS MIC WITH AUDIX OM-3 CAPSULE ( 100SWITCHABLE CHANNELS) 1 TAPE DECK 1 CID PLAYER 1 RACK WITH COVERS FOR EQUIPMENT ALL CABLES TO CONNECT EQUIPMENT aoo FEET OF 10 GAUGE TRAY WIRE 3 COMMUNITY R2-474 3IWAY WATERPROOF SPEAKERS 1 RENTAL ON 62 FOOT BUCKET LIFT Speakers h8ve a near field, mediln1 field & tong field throwing range. They are also a 3Iway speaker system with two 1'Z speakers, one 2" hom & one 1· horn. The speakers are water proof. 2 will be placed 20' to 25 ' up on the far towers on the side with the press box and 2 will be placed on the middle tower The outside 2 wíll be aimed in a cross pattern towards the opposite seats. The speakers will all have additional safety œbles 00 them. The rack with the equipment win be located in the press box. The wire will be run open air from each tower to the press box. The wire is W and weather re$ittan~ Because each speake!' system hæ 3 different aiming points the coverage will be just fine. This system will give you high quality rich sound rather than a paging horn sound and with the tape deck and C/D player you will be able to play "We Are The Champions· and rod< the hoU$9. This is the recommended amount of speakers for this venue and it is a good cost stopping place. The rEJa$On I put in the wireffi$ mic is now the signer or MlC will be able to be on the f.eld without a cable running up to the booth. It should take 32 man hours to install the system and œn be done in stages if needed. the'system wiíl be completed to turn key status and at the convince of your staff we will have an instruction I q~ion & answer session. TOTAL PACKAGE PRICE COMPLETE TO TURN KEY OPERATION: $ 9,995.00 ::.~~:; 711 m¡ ;~;y ;"08 and thank you for gMng us th<I opportunity to bid on thi. project MiChael~/WW~" ' . ~9·.~~ MEANST.REAK PRODUCTIONS AUG-30-99 MON... .JQ _ ~61 871 79~4 P.01 ~ ......, M~4N)fr~4j trrrllJ<+ ;ON) SOUND RBNFOFr'-.ÆMENT SYSTEM RENTALS 1832 Äiroso Blvd. Port St. Lucie, Fla. 34984 Digital Bpr. # 407-754.1366 I NUMBER ·83079- I ~~~KQ)[?)©~~[l l proposal submitted to: Street Date Job Name qt'£ £' ~ -I '-/0 - "'Z./SZ.7 We hereby submit speci1iCðtions and estimates for: ~>'.J.4c. -¡; j-"þ'~ -4-> j.v J'.....(.IL (I) AI.".c 11£ ,tz. '1' Jt15'£ ( I) G>~~ itt..$¢II'O ~~ A~~,r.~~ ( t-) ..sÞ'f..f 8 1111, ~Þpu-c.jJ~.J ,.,/ ~lroH .-b1D ~'t.el C I) ~Pl- ':>~ elé, (I) Co ?'-tltyt£R (J) J).""ð/.:> 7T~41'), "" w¡J:¿¿;~s.s ¡.t,(~' ~Jt~ 7.r~ ( .;J) ~ ~4t- lø··I#..~.¡ ....L~J,ø~~~ ð~/~~~ JI'OL~~ofÞ~AI~ ~ ,tlPc.¥rO()o~ (r) 1#\J$'Yi:k.4>T;;Q. 7t> ''''~c.UP£ ~""'~... / "IkI..~ ~~ ~.!Goc 7Þ "h.~..r/J~~~r ''''H Job Phone We Propose hereby to furnish material and labor· comp:ete in accordance with the above specifications for the sum or ÁC",~( ~",J ,£;'-+-r~"¡;)-eA SlÞ<.? hvP % Payment to be made as follows: r? 'þr1- +lAl t,;,J -A ì':>V ;,...-t!: t£ t¡ ,,:JÞh,.¡ ~.s..~r1Qo'\ Ð~ /N.r~ D,9llars (S//, 8~() ~ All material is guaranteed to be as specified. All work is to be completed In a workmanlike manner according to standard practices. Any alteration or deviation from specilications involving extra costs win be executed only upon written orders. and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accjdents Of delays beyond our conlfol. The owner to carty fire, tornado and other necessary ir.surance. Our workers are fully covered by Workmen's Compensation insur nee. ~ ~(. ??I.79f'f ................,............ e ~rawn by us if not accepted within 30 days Acceptance of Proposal· The above prices, specifications and conditi!ons are satisfactory and hereby é\ccepred You are authorized to do the work a! specified. Payment will be made as outlined above. Date Of Acceptance ..... . .......,.......,.... ......... ...... SignalufO ............ ......... ............................."... Signature ......,.............. '. ...........'.'.'.....................,.......-. ~ September 1, 1999 Peter K~gh Special Facilities Manag~ St. Lucie County u:isure Ser.ïce5 Dept. 2300 Virgmia A.venue F Oft Pierce. FL 349'8: PROPOSAL FOR SOt?<D SYSTEM AND INSTALLATION :\T LA w"NWOOD STADIC~ IN FORT PŒ..~CE, FLORIDA The following is a I¡st or ~uipment that 'Nill be installed in the Sta.ciìwn. The speakers 'Ñiil be mounte<i on three !ig.'1t ¡>oils v.ith the wire run overhead from poll to poll. The equipment win be hou$e/i :n !D. equipment rack located in the Pr~ Box ThIs system mil _ be of music quality and hAve the abtlity to play C.D.'s and cassette tapes. It will also have - a wireless mic for field u.se. The price for this syStem installed will be $12,500.00. Please feei free to cail wrtn any questions. 1 . Mackie 1202 Mixer, ~ channels 1 - Crown Macro 1400 Stereo amplifier 2 - Wifed microphones wtth switches - Audix OM·2S 2 - 20' mic cables 1 - Teiex USR 100 wireless rnic with Audix OM-J capsule (100 ,witd1able channels) 1 . Tape Deck 1 - C.D. P1ayer 1 - RAck w/COVf:fS fer equipment All cables to COMect equipment 800' 10 gauge tray wire 3 - Community R2-474 3-way waterproof speakers Remal of Lift Truck Sincerely, FITCH ~CTR01'c1CS, INC. ~~7r~ -- William F. Fitch, Pmideau FITCH ELECTRONICS INC. MaìIin; Addrea: 2251 Portstown PM. PoUstown. PA 1946S . ~ (510) 46~82 LocatJon and Shi~ Addl...: 1'~ Ridt,¡e Rd.. Polts:own, PA 194êS. FAX (610) <469~59 ~DGET AMENDMENT REQUEST For.., REQUESTING DEPARTMENT: OMS/Leisure Services/Lawnwood Stadium PREPARED DATE: September 1,1999 AGENDA DATE: September 7,1999 , " .. ""¡'O,, :?ii' ;\C-", ~ "< }A::;f~~ ~",<:,,~>< , ' '" ~¡,,,,,..,.,,,, ~:€' } -'i'~-..,,:~ ¡ ~. :, ",:"; z? ';, it;¡W!r~tm~ ',' :, <' , ¡;:L~~nT[1-;!1~' <,' , ' j,~::Œtwr - '" > ~ )11, ~~ ' ~ , TO: 001-7515-564000-700 Machinery & Equipment $9.995 FROM: 001-7515-543000-700 Utilities $9,995 REASON FOR BUDGET AMENDMENT: Purchase PA System for Leisure Services Lawnwood Stadium. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: WLD BUDGET AMENDMENT #: 99-138 DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN elf. 10101/94 m D c: 'U 3: m z -I ~ m c ~ 111 o <0 <0 , I\,) W <0 ~ g.s-~~ CD ëi3 ::E C/) õoo:::::J":; ëi5" O::E CD s: ::E 0 ~ CD S· 0.. C/) ~ to C/) =- CDS:@"r- Q)CDo..g ~ ~ §' ëi¡- t:: CD ;;¡ (') ~ ~ ~ g o 0 g, ::J ~~g~ ~ ëì¡ :::: ~ ""T1 C/) ëb' ëi¡- ã) ~ Q - ;;¡ ëD~~Q ~ ':< C/) S· ;::;: ~ 8" t:r ~ Q) ~ () ::J ~ ëñ' ~ ~ (') ëi3 o CD ~ § :3 -< ~ ~ CD OJ ...... 00::: 0 ::E ~(')§: ::J (') -... Q) :r s: ::J CD ~0..C/) s:s:=- CD CD ~ ~ ~ ~, C/) 0 (') ~ Q. g ã) OJ ::J :3 g ~ ::J"a.C/) Q) Q) g. C/) "tJ 0 t:r "tJ Q. CD a () 00::: OJ g CD 0 ;;¡ 0.. Q) CD Q) a. =? s: õ Q) ëi3 ~ CD .g .Q W ~ ái ~ 5!t ã) '<::: CD (tj Q) ò' Q) ::J .., ;;; 0.. S:CQ:3 èi)' ëi3 Q) ~ CD S· ~ :3 @" :::: CD S· ~~ > o o o c Z -I Z c 3: ID m ?:' c c .... I -....¡ 01 .... '{1 01 0) .¡:., c c C I -....¡ C C '. ~ "T1 ñ > -I Õ Z m D c 'U 3: m z :-:I ~ C/) ~ ~ š:: c <: Cñ õ z ~ ~ ð o tJ C/) ~ tJ è: š:: > 'U 'U ~ o < m ~ ~ C/) ð :0 111 S C/) ~ C m 'U > ~ -I 3: m z :-:I r- 111 ëì) c: :0 111 C/) ~ s (') 111 C/) ~ m o o 3: 3: m z c m c en :-I mï DC cO :¡jm 3:0 mO zc -IZ ~~ DŒJ co m» en;:c -Ie "0 0" ;:Co !!O C/Jc Oz ~~ -<0 mO »3: ;:cs: ..¡,,- (þC/J (ÞC/J QCI- '0 ~Z m ;:c C/J ~ C/) t.~ ?1 - AGENDA REQUEST ~ NO. C-3C ...." DATE: 9/7/99 \-0-' REGULAR [] PUBLIC HEARING [ CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Leisure Services Mike Leeds SUBMITTED BY(DEPT) : SUBJECT: Equipment Purchase- Historical Museum BACKGROUND: The Historical Museum is in need of a computer to establish an ongoing inventory of the Museum's collection. The last comprehensive inventory was done in 1986. Several partial inventories have been done since but were not reconciled with the records. At this point, the Museum cannot completely list objects on exhibit( in storage, on loan or not longer in the collection. This inventory system is also suggested by the Risk Manager :n order to protect the County against losses. Monies are available :n the Museum's budget but must be reallocated to allow for the purchase. The cost of this equipment :s Sl, 210. There is a balance of $305 in the '":lachinery and equipment account ·.~hich is remaining from a priqr equipment purchase. ~herefore the attached budget amendment is written for $905. FUNDS AVAIL. :001-7910-564000-700 (Machinery and Equipment) PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Budget Amendment No. 99-136 and Equipment Request No. 99-237 for the purchase of a computer for the Historical Museum to institute an collection management system. I Review and Approvals COMMISSION ACTION: [ X] [ ] APPROVED OTHER: r.;:::~HED county At~orney: ~.'/ ~ Originating Dep~ ~ - if at::_t>_licable)_ Finance: (Check for COF! o~y. Management & Budget ?urcèAaing: Other: Other: Eff. 5/96 ., ~ (i ',) " ê.. l~tJ ~ -' St. Lucie County Automated Services 300 Virginia Ave Fort Pierce, FL 34982 USA elephone: 561/462-1681 Computer System Quote Quote Date 08/31/99 89901231601 Quote For: Leisure Services - Administration 2300 Virginia Avenue Fort Pierce, FL 34982 ;~-::-C'!'-' -I., :"--C:'--¡r '- __:'#--:-::...j_, ".:0::"'L''--" PCPENT PC\Pent\64mb\4gbHDD\3.5\FDD\N IC\VGA \Win95\CDROM WPOFFSUITE2000 Wordperfect Office Suite 2000 925.00 925.00 285.00 285.00 For Historical Museum Total Order This is a quotation for the Items requested. To initiate purchase of the Items, use the regular purchase order procedure to issue a purchase order to Automated Services, vendor number 3099. Upon receipt and installation of the items we will send an Invoice for submission to Finance for processing. Print Date: 08/31/99 4:13 PM Customer Original Page 1 '-t!UDGET AMENDMENT REQUEST F~ REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB/Leisure Services/Museum September 1, 1999 September 7, 1999 TO: 001-7910-564000-700 FROM: 001-7910-546100-700 001-7910-551200-700 Machinery & Equipment $905 Building Maintenance $280 $625 Equipment < $750 REASON FOR BUDGET AMENDMENT: To Purchase personal computer for the Museum. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN eft. 10/01/94 ~ 99-136 m 0' c: :;; ¡¡: m z -I ;:0 m c :'!= r1'1 £) <0 <0 I I\) W ....... '-" » o o o c: Z -I Z c: ¡¡: m m ~ èij' ~ S· ~;!;! ~S:èß~S:CDCD ~ CD - VI -. ;;:- ..... ~ "0 8- 5' ~ ~ ~ 5' § ..., :;: 0 C')o Õ -. 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C-3 \) DATE: 9/7/99 REGULAR [] PUBLIC HEARING CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Leisure Services Mike Leeds SUBJECT: Electrical Replacement/Savannas Campground BACKGROUND: On August 17,1999 a bid for replacement of the electrical connections for campsites in Area Two of the Campground was awarded to Pipeline Energy. However, two other areas at the campground are also badly in need of electrical work. In order to maximize use of the campground and increase revenues, staff is requesting approval to include Area One in the electrical work. The additional cost is $22,525.78. However, there is $5,221 remaining in the budgeted amount for Area Two, which when deducted from the cost for Area One, brings the net increase to $17,304.78. Re-allocation of monies in the approved budget for the Savannas will cover the cost. FUNDS AVAIL.:001-7220-563000-700 (Improvements other than Building) PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval of Budget Amendment No. 99-135 allocating $17,400 for replacement of the electrical connections in Area One at the Savannas Campground. Approve a change order to the contract with Pipeline Energy, adding this work to the contract. [X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: Review and Approvals Count.y At.t.o=ey: ~ Originat.ing De~ Management. & Budget. Purchasing: Ot.her: Ot.her: Pinance: (Check for Copy only, if applicableJ___ Eff. 5/96 , ~ '-' ~ ",i. !II: ~D - m D:J . ... ! 6 oo;cm ì ~ :0 "mm- m mz"C m Z-f~:;t :Þ ~ m~ CD c off - . en c..r-mC> ~.:::. c:cnOO) '.' zm»~ ." m:tJ¡¡: . - ..¡,<" ~I.:; 0)- I~: -< .. 0 en Z- (')2 ..¡,m- "(') CO(J)-f m < CD m ... m CD \ C· m m OJ r- Z (ê) r- m- - ç .-:;- (')'0 m C -:> .S> ~ ~ 0 ..¡, 0 ç-~ _ ;0 ..¡, -f ~ · . ~ -:. 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I , ~ ~~ ., 'i.. 0 ;i 8 :'.'-~ ~ ~ - ~Q CD ,(') \J ~ ~ 't ~ C t , l' VGET AMENDMENT REQUEST VM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB/Leisure Services/Savannas September 1, 1999 September 7, 1999 TO: 001-7220-563000-7650 Improvements OfT Buildings $17,400 FROM: 001-7220-531000-700 001-7220-534000-700 001-7220-540000-700 001-7220-546000-700 001-7220-546300-700 001-7220-549000-700 001-7220-549965-700 001-7220-551200-700 001-7220-552300-700 001-7220-552910-700 001-7220-554200-700 001-7220-547005-700 001-7220-546100-700 Professional Services Other Contractual Services Travel Equipment Maintenance Grounds Maintenance Advertising Interdepartmental Direct Charges Equipment < $750 Chemicals Uniforms Training & Education Printing & Binding - Material Center Building Maintenance $3,000 $605 $100 $5,800 $2,090 $75 $500 $3,354 $400 $500 $100 $400 $476 REASON FOR BUDGET AMENDMENT: Funds for Area one Electrical Project for the Savannas CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: ~ BUDGET AMENDMENT #: 99-135 DOCUMENT # & INPUT BY: OMB:QP/GENERAUFORMS/AMENDMEN eft. 10101/94