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HomeMy WebLinkAboutAgenda Packet 06-05-07 ~ 'line !I, 2007 ..00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA·S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and aSR anyone wishing to speaR to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD Olf COUNTY COMMISSIONERS www.co.st-lllcie.fl.lIs Chris Craft, Chairman 'oseph E. Smith, Vice Chairman DOllg Coward Pallia A. Lewis Charles Grande District No.5 District No. I District No.2 District No. J District No.4 'line 5, 2007 ..00 P.M. Invocation Pledge of Allegiance I.,. ,~. MINUTES ~~~\~~O Approve the minutes from the May 22,2007 meeting. 2. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled. J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ð~ A"U,,{ pri or ~ M"hÕ 0)\;1. pIA lIeð p (loA·o \'1,~ -~~' .",,,,.'. w= .~Ÿ"''''r"='fnr''S'X''''''''''''''''"''ITl '''«~,oo:_, w¿O« ="'''''''''''.'''''''"''"''*''''' ~fr- rn ¡¡ ."''1 'Ii.""" \lli'TWiliiìiì"" PUBLIC HEARINGS 5~~ ,~e ~~\/6» COUNTY ATTORNEY Second Reading - Ordinance No. 07-017 - Amend Land Development Code to Provide an Exemption to the Requirement for a Bond For Moving a Structure - Consider staff recommendation to approve Ordinance No. 07-017. !lBá COUNTY ATTORNEY f, \)(~e I, ''\- Ordinance No. 07-036 - Cardroom Gaming of pari-m.utuel Facilities - Consider staff recommendation to r1~1f H~ Jð~lbodetermine whether to adopt Ordinance No. 07-036. (1Ward -~Nð ,Law/3 - jé'5 ¡.JÓ-~C ~ ,1/Y11"j1y - 'I e5 {lro- /l: yes Co sC. GROWTH MANAGEMENT b--and U'" i e S Petition of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. for a Change in Zoning from IL (Industrial, '')~ Light) Zoning District to PUD (Planned Unit Development) Zoning District and Preliminary PUD Plan for ~? ' . property located on the north side of Metzger Road, South of Avenue M, West of Angle Road and East of ~".. ' / Canal Number 29 for the project to be Rnown as The Preserve. Draft Resolution No. 07-045 - Consider staff ~ ~n~ recommendation to continue the public hearing on this item to a date uncertain per the petitioner's request to -ó / ,,,deny this petition. Y~'f\.~\¡.:~ ~()~¡(}v) h C'c¡1hi'l\Ae~(- qo Da'rS/t)e~t~tV\be( L{~u.-t--0',OD?J.{O~t"-5 5C.:¡\ ./ \ '.}. \ I , " . " "j ~¡'0{;..v·h:y CÂS pOS<s/b e , I" '- . \ lJ U).)) i S - I\J U &(Il~(¿. ./ Nù Cð~ar~ - ~e7 (8 fv\ :th ,.- 'Jet) c. fUJt ,.-~ e:> ~ Reglllar Agenda 'line I, 2007 Page Two :-.. IE. \\ COUNTY AnORNEY 11~Q}, Ordinance No. 07-037 - TVC Comprehensive Plan Amendments - Consider staff recommendation to adopt ~~~\ ~ j) Ordinance No. 07-037 and authorize the Choirman to sign the Ordinance. 1 Ôf)\\Ij/y '-Ie) ~QWIS -I e-S G(~Jû /¡es CwJavd / I fS CIJr/ ió SD·ð ~~1~1 GROWTH MANAGEMENT ND};{,M~ CúJ¡ftLC- b f1J1JlJ".f~ 11h a~~:OðtJt·16(a.-'¡)SçðA-ft.ueJfhr~ Petition of St. Lucie OaRs Commercial, LLC, for a Change i~ ;~g from the CG (Commercial, General) and rlrÁ~ PNRD (Planned Non-Residential Development - St. Lucie OaRs) Zoning Districts to the PNRD (Planned Non- , Residential Development - St. Lucie OaRs Commercial) Zoning District and Preliminary Planned Unit Development Site Plan approval, for the project to be Rnown as St. Lucie OaRs Commercial - PNRD. The proposed development consists of a four-story, eighty-eight (88) room hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet, and an office space building consisting of 9008 square feet, on 4.64 acres. Draft Resolution No. 07-002. (File No.: PNRD / PUD 06-018) - Consider staff recommendation to approve Draft Resolution No. 07-002, granting a Change in Zoning from the CG (Commercial, General) and PNRD (Planned Non-Residential Development - St. Lucie OaRs) Zoning Districts to the PNRD (Planned Non- Residential Development - St. Lucie OaRs Commercial) Zoning District and Preliminary Planned Development Site Plan approval, with the limiting conditions stated in the Draft Resolution. END OF PUBLIC HEARINGS _ '" " "" 1 ' ,1 W-'Wfi ~l1't-· ~. wr " ,,- ="~~ni¡¡ f' fill_~!T ='1Iillill.¡"" ,,"" ,"~, - "'!II'i1iiii7r~'"~'~"Ii&" '.r~~' "'~*'=" T ,-","," MW\ CONSENT AGENDA :m:mmr ... @ .þV" - 'SiIIili' '''''''1 11111i1rW· ~i"'~'~ K1' ~ ".w""mÍi -m """==1 rl¡¡¡¡mi'rr~'-¡¡¡ ,~ , I. WARRANTS Approve warrant list No. 34 and 35 2. COUNTY AnORNEY , Aù A. Extension of Declaration of State of Local Emergency - Indian River Drive - Consider staff D.\\Q}.o(\ð, r Y recomm~ndation to approve the Declaration and authorize the Public Safety Director to sign the 1 \}.~\~v\ (j Declaration. 4-~ (1\ B. Resolution No. 07-147 - Amending the Interest Rate for the MSBU Revolving Loan Program - Consider staff recommendation to approve Resolution No. 07-147. ~. ~() Resolution No. 07-199 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie r:J IleA D(...tð' . County - Consider staff recommendation to approve Resolution No. 07-199 and authorize the rIA. loti rð Chairman to sign. , \/",\(v --tit P J. PUBLIC WORKS A. Modification to USGS contract for water quality monitoring at Five Mile CreeR, increasing the amount of the contract by $896.00 from $14,583.00 to $15,749.00. - Consider staff recommendation to approve the modification of the contract with USGS increasing the amount from $14,583.00 to $15,749.00, for water quality monitoring at Five Mile CreeR. B. Engineering Division - Second Amendment to WorR Authorization No. 20 (C03-05-395) with Hazen and Sawyer, P. C., for Garrison Lane Drainage Improvements. This amendment is for a time extension through August 31, 2007. No additional funding will be required for this item - Consider staff recommendation to approve the Second Amendment to WorR Authorization No. 20 with Hazen and Sawyer, P.C., for Garrison Lane Drainage Improvements, for a time extension through August 31, 2007, and authorize the Chairman to sign. 4. GROWTH MANAGEMENT A. Request to approve equipment request E007-322 and budget amendment BA 07-054 for the installation and purchase of a Smart Board System in Growth Management's future, remodeled DRC Conference Room - Consider staff recommendation to approve EO 07-322 and BA 07-054. B. Agreement with OaRbridge Development, LLC, to pay fee in lieu of constructing concrete sidewalRs - Consider staff recommendation to approve the Fee in Lieu of Construction Agreement with OaRbridge Development, LLC and authorize the Chairman to sign. C. Petition of Velay Properties, for the approval of an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road for the project Rnown as Seminole Acres Subdivision, a proposed 7-lot subdivision for property located on the east side of Seminole Road, approximately 1 mile north of ImmoRolee Road in the AG-1 (Agricultural - 1 du/acre) Zoning District - Consider staff recommendation to approve the agreement to Pay Fair Share Contribution for Improvements to Seminole Road for the project Rnown as Seminole Acres SID. D. Petition of Velay Properties, for final plat approval for the project to be Rnown as Seminole Acres Subdivision, a proposed 7-lot subdivision for property located on the east side of Seminole Road, approximately 1 mile north of ImmoRolee Road in the AG-1 (Agricultural - 1 du/acre) Zoning District - Consider staff recommendation to approve s. AIRPORT Request for approval of the PBS&J WorR Authorization No. 22 for additional environmental services to support the permitting and completion of the Major Site Plan application for the proposed Runway 9L/27R and Parallel Taxiway, for a lump sum amount of $135,857. - Consider staff recommendation to approve PBS&J WorR Authorization No. 22 to complete additional environmental services for a lump sum amount of $135,857, and to authorize the Chair or designee to execute. Consent Agenda 'line S, 2007 Page Two 6. PARKS AND RECREATION A. Fairgrounds Sanitary Sewer System Extensions Reimbursement/Forestry Division Approve Ditchdigger Change Order No.1 and Budget Resolution No. 07-189 - Consider staff recommendation to accept the $44,744 from the Forestry Division for its share of the Fairgrounds Sanitary Sewer System Extensions and approve Ditchdigger Change Order No.1 in the amount of $44,744 and approve Budget Resolution No. 07-189. B. Contract Approval with TS Academy Soccer - Consider staff recommendation to approve the contract with TS Academy Soccer for use of Lawnwood Football Stadium and South County Stadium for an adult soccer program and authorize the Chairman to sign. C. Replacement of water/irrigation pump at Maravilla ParR - Budget Amendment BA#07-059 and CIP#07-103 - Consider staff recommendation to approve Budget Amendment BA#07-059 and CIP#07-103 to replace the pump at Maravilla ParR in the amount of $10,928.00; the expense will be split equally with the Road and Bridge Department. D. American with Disabilities Act (ADA) Survey/Evaluation pertaining to Tradition Field Stadium - Consider staff recommendation to approve the transfer the credit of $12,368.00 from Hennis Construction Company, Inc., into the contingency line item and increase it to $32,368.00 7. PURCHASING Rejection of all Bids for ITB #07-049, Fairgrounds Office, Concession and Restroom Building Renovation - Consider staff recommendation to reject all Bids received for Bid #07-049 due to discrepancies in specifications. .¡~iìI¡¡¡¡ TI'IT1!?~-;]~; ¡,IOn 1mr¡¡¡' n_lìm --, ifi¡;i!]il7"- w ANNOUNCEMENTS 'line !I, 2007 11ì_i~'Y"n¡¡¡fi['~I'I~ - ..mm"l --='lili1.r¡¡j~~f¡¡¡utll_¡1iI1í ¡ ¡_~rif·-' ,~ ;'í] '-'Tr"~¡¡r@'WW1IiI¡¡¡¡1ì 1. The Board of County Commissioners will hold the LaRewood ParR Regional ParR Ribbon Cutting Ceremony on Thursday, June 21, 2007 at 5:00 p.m. 2. The Board of County Commissioners Budget WorRshops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 3. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lacR of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. 4. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. 5. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. 6. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. CAI. CA2. It) ., ( \ 1~\\e). (~~/~V\ r~J .1) ( U -fyJ ADDITIONS AGENDA 'line 5, 2007 REVISED 5/31/07 CONSENT AGENDA COUNTY ATTORNEY Kitterman Woods (KMJ Apartments, LLC) - Agreement to Pay Fee in Lieu of Constructing Turn Lane (Lennard Road) Road Improvement Agreement (Kitterman & Lennard Road) - Consider staff recommendation to approve the Agreements and authorize the Chairman to sign the Agreements. ADMINISTRATION Authorization to hire above mid-range of the pay scale - Consider staff recommendation to approve to hire above the mid-range at the noted salary. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tal:?en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings. individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 'line !I, 2007 ..00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA·S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and aSR anyone wishing to speaR to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-lllcie.fl.lIs Chris Craft, Chairman 'oseph E. Smith, Vice Chairman DOllg Coward Pallia A. Lewis Charle. Grande District No. !I District No. I District No.2 District No. I District No.4 'line 5, 2007 ..00 P.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes from the May 22, 2007 meeting. 2. PROCLAMATIONS/PRESENTATIONS There are no proclamations/presentations scheduled. I. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ~ ~ ~ ..' .. "''''&'>'''<'',>~Ub~'C¡~Trr''''='Tm q.". "<N"" '''O:'''''',:~", "'w'n~=ili">t~""""v- »»»<"*<="~ 'IIÎ ~~-~, ~r "'nw '~~lil' 1~· PUBLIC HEARINGS COUNTY AnORNEY Second Reading - Ordinance No. 07-017 - Amend Land Development Code to Provide an Exemption to the Requirement for a Bond For Moving a Structure - Consider staff recommendation to approve Ordinance No. 07-017. COUNTY AnORNEY Ordinance No. 07-036 - Cardroom Gaming of Pari-mutuel Facilities - Consider staff recommendation to deLle mine whether to adopt Ordinance No. 07.-036. ~. ./~ / J ,/1 ~ ¡.!' J ~ - ~ I,..o.JA,.../) /' J - £r1 Æ - ,,;VïJ L h -"\"..- !¿1 ~';n.-J , ....- c:.. ý ~ GROWTH MANAGEMENT t--/ 0 _ ð'~: . ¿?-v, Petition of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. for a Change in Zoning from IL (Industrial, Light) Zoning District to PUD (Planned Unit Development) Zoning District and Preliminary PUD Plan for property located on the north side of Metzger Road, South of Avenue M, West of Angle Road and East of Canal Number 29 for the project to be Rnown as The Preserve. Draft Resolution No. 07-045 - Consider staff recommendation to continue the public hearing on this item to a date uncertain per the petitioner's request to deny this petition. A/¡?L; CoP<_J- 1--/1 ~ /~ pov¿:J.-n~. '. ~t/S-- /OOr:? >--;, ......;_.,L ø~~~ 7ly --- 9.::J/-1;>d- c<2- r;¿C 3S- If - . Reglllar Agenda 'line !I, 2007 Page Two !lD. 0E. GROWTH MANAGEMENT Petition of St. Lucie OaRs Commercial, LLC, for a Change in Zoning from the CG (Commercial, General) and PNRD (Planned Non-Residential Development - St. Lucie OaRs) Zoning Districts to the PNRD (Planned Non- Residential Development - St. Lucie OaRs Commercial) Zoning District and Preliminary Planned Unit Development Site Plan approval, for the project to be Rnown as St. Lucie OaRs Commercial - PNRD. The proposed development consists of a four-story, eighty-eight (88) room hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet, and an office space building consisting of 9008 square feet, on 4.64 acres. Draft Resolution No. 07-002. (File No.: PNRD / PUD 06-018) - Consider staff recommendation to approve Draft Resolution No. 07-002, granting a Change in Zoning from the CG (Commercial, General) and PNRD (Planned Non-Residential Development - St. Lucie OaRs) Zoning Districts to the PNRD (Planned Non- Residential Development - St. Lucie OaRs Commercial) Zoning District and p~ary Plann~ ~ment Site Plan approval, with the limiting condi~ns stated in the Draft Resoluti~n... . >'"; ~. ~J~' 7'? ~:Jr'- ~.Þ- .~r...,~ COUNTY AnORNEY . -. ~ 7- Ordinance No. 07-037 - TVC Comprehensive Plan Amendment§..j Consider staff recommendation to adopt Ordinance No. 07-037 and authorize the Chairman to sign the Ordinance. ~- END OF PUBLIC HEARINGS _ ..+.,' ".+.~ .... m .~. '"IT~"'iif ·.~==I"Jb (~·'m I¥ '" . ~ +~,.h~..,,_w. iir¡11 '~==11"- _ "! F"""'"....,-' n"""j;j''''m''' ¡. "". ''''-inr m' mil "1æ'-"="'~ ",-",t'*"" "'n¡r"='~\u"'JW1"'=t'r· CONSENT AGENDA _ "'liIIij¡¡ """iiRI Inw"w'="=== ''1'''' "","".""'''''''~,.. "". "" -rni1!ill'11i1ìiID ~'r I. WARRANTS Approve rant list No. 34 and 35 ~ TORNEY ension of Declaration of State of Local Emergency - Indian River Drive - Consider staff recommendation to approve the Declaration and authorize the Public Safety Director to sign the Declaration. Resolution No. 07-147 - Amending the Interest Rate for the MSBU Revolving Loan Program - Consider staff recommendation to approve Resolution No. 07-147. Resolution No. 07-199 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County - Consider staff recommendation to approve Resolution No. 07-199 and authorize the Chairman to sign. PUBLIC WORKS A. Modification to USGS contract for water quality monitoring at Five Mile Cree!:l, increasing the amount of the contract by $896.00 from $14,583.00 to $15,749.00. - Consider staff recommendation to approve the modification of the contract with USGS increasing the amount from $14,583.00 to $15,749.00, for water quality monitoring at Five Mile Cree!:l. B. Engineering Division - Second Amendment to WorR Authorization No. 20 (C03-05-395) with Hazen and Sawyer, P. C., for Garrison Lane Drainage Improvements. This amendment is for a time extension through August 31, 2007. No additional funding will be required for this item - Consider staff recommendation to approve the Second Amendment to WorR Authorization No. 20 with Hazen and Sawyer, P.C., for Garrison Lane Drainage Improvements, for a time extension through August 31, 2007, and authorize the Chairman to sign. 4. GROWTH MANAGEMENT A. Request to approve equipment request E007-322 and budget amendment BA 07-054 for the installation and purchase of a Smart Board System in Growth Management's future, remodeled DRC Conference Room - Consider staff recommendation to approve EO 07-322 and BA 07-054. B. Agreement with OaRbridge Development, LLC, to pay fee in lieu of constructing concrete sidewal!:ls - Consider staff recommendation to approve the Fee in Lieu of Construction Agreement with Oa!:lbridge Development, LLC and authorize the Chairman to sign. C. Petition of Velay Properties, for the approval of an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road for the project !:lnown as Seminole Acres Subdivision, a proposed 7-lot subdivision for property located on the east side of Seminole Road, approximately 1 mile north of Immo!:lolee Road in the AG-1 (Agricultural - 1 du/acre) Zoning District - Consider staff recommendation to approve the agreement to Pay Fair Share Contribution for Improvements to Seminole Road for the project !:lnown as Seminole Acres SID. D. Petition of Velay Properties, for final plat approval for the project to be !:lnown as Seminole Acres Subdivision, a proposed 7-lot subdivision for property located on the east side of Seminole Road, approximately 1 mile north of ImmoRolee Road in the AG-1 (Agricultural - 1 du/acre) Zoning District - Consider staff recommendation to approve s. AIRPORT Request for approval of the PBS&J WorR Authorization No. 22 for additional environmental services to support the permitting and completion of the Major Site Plan application for the proposed Runway 9L127R and Parallel Taxiway, for a lump sum amount of $135,857. - Consider staff recommendation to approve PBS&J WorR Authorization No. 22 to complete additional environmental services for a lump sum amount of $135,857, and to authorize the Chair or designee to execute. Consent Agenda 'line !I, 2007 Page Two a. PARKS AND RECREAIION A. Fairgrounds Sanitary Sewer System Extensions Reimbursement/Forestry Division Approve Ditchdigger Change Order No.1 and Budget Resolution No. 07-189 - Consider staff recommendation to accept the $44,744 from the Forestry Division for its share of the Fairgrounds Sanitary Sewer System Extensions and approve Ditchdigger Change Order No.1 in the amount of $44,744 and approve Budget Resolution No. 07-189. B. Contract Approval with TS Academy Soccer - Consider staff recommendation to approve the contract with TS Academy Soccer for use of Lawnwood Football Stadium and South County Stadium for an adult soccer program and authorize the Chairman to sign. C. Replacement of water/irrigation pump at Maravilla ParR - Budget Amendment BA#07-059 and CIP#07-103 - Consider staff recommendation to approve Budget Amendment BA#07-059 and CIP#07-103 to replace the pump at Maravilla ParR in the amount of $10,928.00; the expense will be split equally with the Road and Bridge Department. D. American with Disabilities Act (ADA) Survey/Evaluation pertaining to Tradition Field Stadium - Consider staff recommendation to approve the transfer the credit of $12,368.00 from Hennis Construction Company, Inc., into the contingency line item and increase it to $32,368.00 7. PURCHASING Rejection of all Bids for ITB #07-049, Fairgrounds Office, Concession and Restroom Building Renovation - Consider staff recommendation to reject all Bids received for Bid #07-049 due to discrepancies in specifications. _ "'91lÎfrT-I"m'1ii'''¡~~"~lm'''Tr~''':>''1M¡¡¡ "'~=in¡- ' -~, rm' 'iìrm"T~~=¡¡WŒ'W¡¡Mf"'nl''''''\''' ANNOUNCEMENTS 'line !I, 2007 -:2W J Ii¡M"~"_'!'''')jniil'l!¡r'''W'¡iIIW''r''~¡¡¡¡Ui1lffi ", ii! =~"·=~"U W="~'\I~''''-11I!!l1lBn ' 1. The Board of County Commissioners will hold the LaRewood ParR Regional ParR Ribbon Cutting Ceremony on Thursday, June 21, 2007 at 5:00 p.m. 2. The Board of County Commissioners Budget WorRshops will begin Thursday, July 19, 2007 and run through Wednesday, July 25, 2007. 3. The July 10th Regular Board of County Commissioners Meeting and the July 17th Regular Board of County Commissioners meeting have been canceled due to lacR of quorum. Three Commissioners will be attending the Airport Conference on July 10th and three Commissioners will be attending the National Association of Counties (NACO) Conference on July 17th. 4. The Board of County Commissioners will hold a Budget Millage Adoption Meeting on July 31, 2007 at 9:00 a.m. in the County Commission Chambers. 5. The Board of County Commissioners will hold the Preliminary Budget Public Hearing on Thursday, September 6, 2007 at 6:00 p.m. 6. The Board of County Commissioners will hold the Final Budget Public Hearing on Thursday, September 13, 2007 at 6:00 p.m. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (712) 462-1777 or TOO (712) 462-1428 at least forty-eight (48) hours prior to the meeting. ADDITIONS AGENDA 'line !I, 2007 REVISED 5/31/07 CONSENT AGENDA CAI. COUNTY ATTORNEY Kitterman Woods (KMJ Apartments, LLC) - Agreement to Pay Fee in Lieu of Constructing Turn Lane (Lennard Road) Road Improvement Agreement (Kitterman & Lennard Road) - Consider staff recommendation to approve the Agreements and authorize the Chairman to sign the Agreements. DMINISTRATION uthorization to hire above mid-range of the pay scale - Consider staff recommendation to approve to hire above the mid-range at the noted salary. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (712) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. AGENDA REQUEST ITEM NO. CA2 DATE: 6/5/2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] SUBMITTED BY (DEPT): County Administration PRESENTED BY: Fa~':::::-C' ~:::::> Assistant County Administrator TO: Board of County Commissioners SUBJECT: Authorization to hire above mid-range of the pay scale. BACKGROUND: County Administration is working with the Growth Management Department to fill its vacant planner positions. A prospective applicant has been selected as Senior Planner in the Current Planning Division of the Department. Staff would like to hire the individual above the mid-range of the pay scale given their background and experience. In order to hire above the mid-range of our current pay scale requires Board approval. GENERAL NOTES: Holly Price (see attached job application). Senior Planner. Pay grade 23. Mid- point is $55,167. Seeking approval to hire at $60,000. FUNDS AVAILABLE: Growth Management budget. PREVIOUS ACTION: N/ A RECOMMENDATION: Staff requests Board approval to hire above the mid-range at the above noted salary. [ ] APPROVED f>dOTHER: Pulled prior to the meeting. [ ] DENIED COMMISSION ACTION: E: Do gla M. Anderson County Administrator Review and Approvals County Attorney: Management & Budget: Originating Dept: Other: Finance: (Check for Copy only, if applicable) Purchasing: Effective: MAY 0 8 2007 ~.. -. J::: COUNTY'. f lOR I D A' ". Human Resources '. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUAL OPPORTUNITY EMPLOYER 2300 Virginia Avenue Fort Pierce, Fl. 34982 - 5652 Telephone (772) 462-1546 Fax (772) 462-2361 Jobline (772) 462-1967 http://co.st-lucie.fI.us APPLICATION FOR EMPLOYMENT \(/i .v .' 1'--.1 .; \ S" , \.) Date: MAY S. 'l--DO 7 Position(s) Applied For: 1. ~ (O ~ ç:'~A-,.j... I¿:'~rz. 2. Str..4l~ fL Vlr-aAN ~ ","(1) 3. ~...,~~. (PLEASE PRINT PLAINLY IN BLUE OR BLACK INK) Name: 'P1ZA~~ ~c.ë( .¡::: Last First Middle Initial Present address: 240\ ~e:. 'PI Ñ ätZ.O ec,..,.o I ?o12.r- tD.¡. L..vc:...lti.,' ~¿, "!o4C¡ s: z. No, Street City State Zip Home Phone: 11'Z. ~~ 5 _ ~ C12-~ Telephone # where you can be reached: 1 ï~ - -2.-z..\ - 2--1 '2:. ~ J< \ \4- Would you work Full-Time: ø Part-Time: Q Were you previously employed by us? kil') List any friends or relatives working for us: "-L /4- Are you a U.S. Citizen? '(~ If not, Alien Registration or Visa Classification Form # If your application is considered favorably, on what date will you be available for work? 4 w ~ ~~ Ac-&--té.-~MJG-~· THIS EMPLOYMENT APPLICATION MUST BE COMPLETELY FILLED OUT AND SIGNED. List below all present and past employment, beginning with your most recent employment and describe all periods of employment including self-employment, unemployed periods and military service. Employment history must be complete. Use additional sheet if necessary. This application must be filled out completely in order to be considered for an interview. If you are submitting a resume, it may be attached, but the application must be filled out. If you are claiming Veterans Preference, you must attach a copy of your DD214 or your claim will not be valid. If you are a college graduate, we must have a copy of your diploma or college record for the degree to be considered during the interview. Application must be signed and dated. If you have any questions, please ask at the front office. St. Lucie County Board of County Commissioners is a Drug Free Workplace. '/,' J ( C,,/07 ,)(1 I -- - 'j-';> þl? ILc/- 77 "ì I (' (_ L' . .: t:"'ïc ¿ r'-- : ('; -( t: ¡I' 1. r \_., {/ t-' t'-t r]-1-. ' ';:' .I ~ .' (; c.( if.- ¿¿L 1 RECORD OF EDUCATION High School: Colleae: Other ISDeciM Name/Address of School: Name/Address of School: Name/Address of School: ~-r. &ClAl.oA.<Z.. O~ L~f'~..n. c.£..~ ÚMtV~1 r~ CsJ:. tøL..øe.,¡ Þ A c.~ E:., Course of Study: Course of Study: Course of Study: \,&~ S 'Pf'. E.oUJ~~ O jæ.\¡)~ ,\o~ v.I.. ()µ, V.......lr'( Aor~. ~"-1ING. \(E-fW ~...- . c:-..~ c,A 'Þ04~ V\~ F&,.. Check Last Year Completed: Did you Graduate? ~ \'I-E: List Diploma or Degree: \~ ... H~ c..6f..J ~c... Yes ü2r .ç, M M.'f¥.\'Z.- Ð c=- ~ CrJ ~(p~ So c....oov @, ~+e.~ VtLe.~ . ee.t;\O ~ A-c.. ~ O'\£-~ No 0 1) ,=-", e:. fooL ,,..¡, ~~"""~<D ~~ You will be required to furnish copies of your Social Security card, Drivers license and diplomas at time of employment. Type(s) of computer(s) "P~~~ ~"":'f4't¥420 T~ping ~pe~d . . WPM Steno Speed WPM Indicate any other experience, skills or qualifications not mentioned In this application: Military t--ll A- If you are claiming Veterans Preference - A copy of your 00214 MUST be attached. Were you in U.S. Armed If yes, what Branch? Rank at Discharge: Type of Discharge: forces? Yes: 0 No: 9Q List duties in the service including special training: Are you claiming Veterans Preference? Yes: 0 NO:~ Have you ever been employed by the state or a political Date of Duty: subdivision of the state including municipalities? (Include month, day and year) Yes:D No:D ~/A From: To: Legal Have you eVeR been convicted of or pled guilty, no contest or nolo contendere to a crime? Yes:D No:og Penal /Dis osition Have you I!WR been charged with a crime and either been placed on a court ordered probation, have adjudication withheld, or entered a pre-trial intervention program? Yes: 0 No: ~ Nature of char e Penal IDis osition By my signature, I certify that I know, understand, and agree that any false statement or omission of information requested will result in my immediate termination. H A'1 5.. '2-007 Date Signa~f :- 3 Applicant Driving History: Directions: Please print infonnatlon EXACTLY as shown on driver's license. Driver's License #: State in which County in which Type: Name and address If you have not held issued? issued? CDL (class) if different from a Florida Driver's p ~ 'to - ~ "2,.(, application: License for the 'î>1..QÇC,- ~p^, ~\. c...O c:,.., ¢.. Operator past three years, '::'~E,.. please give the () state in which it was issued. Is your license Has your license Has your license(s) Has your IIcense(s) ever been suspended? currently valid? expired? ever been revoked? Yes: 0 Yes:ctI Yes: 0 Yes:D NO:~ No: D No: Gf1 No: [gJ If yes, give complete details. List all traffic citations received within the last seven (7) Havøu ever cEf'eted a Defensive Driving Course? years. For each offense, give date, description of offense, city Yes No: and/or state in which offense occurred and disposition of case. If yes, give complete details: (Month/day/year) Sl"e-~ 114 (; 11 G- \¿. ... r' ~ f'OtLt" "" r. UJ c.t ~ ~Oö~ EMPLOYMENT APPLICATION CERTIFICATION I hereby certify that all of the facts and infonnation listed on this employment application are true and complete. I understand that any false, incomplete or misleading infonnatlon given by me on this application is sufficient cause for rejection of this application. I also understand and agree that any such false, incomplete, or misleading infonnation discovered on this application at any time after I am employed may result in my dismissal. I hereby authorize the County to investigate all statements contained in this application, to interview the references and previous employers listed In this application. I authorize the references and previous employers listed to give the County all facts, opinions and evaluations concerning my previous employment and any other infonnation they may have, personal or otherwise, and release all such parties from any liability which may allegedly arise from furnishing such infonnatlon to the County, including, but not limited to, any liability defamation or invasion of privacy. If I am offered employment, I understand that such an offer will be conditional upon satisfactory results of a background investigation and/or County medical examination or inquiry, including a drug screen test If then employed, I understand that I will be required to serve a six (6) month training period. I further understand that my employment is at the discretion of the Board and compensation and employment can be tenninated, with or without cause or notice, at any time, regardless of the successful completion of my training period, at the option of either the County or myself. I understand that no supervisor or other representative of the County other than the Board has any authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the foregoing. I further understand and voluntarily agree as a condition of employment or my continued employment, that I may be requested by the County to submit to a urinalysis or other drug or alcohol screen test and that my failure to take such test(s) when requested to do so or unsatisfactory test results will disqualify me from consideration for employment, or if I am then employed, may result in my immediate dismissal. I certify that I have read, understand and agree with the above. LL,{ A'-{ S, ZOO, Date . s.~~ Igna e 0 pant 4 HOLLY PRICE May 5, 2007 Human Resources Department St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982 TO WHOM IT MAY CONCERN: RE: Application for Employment - Senior Planning Positions I am sending you my resume and application in response to your advertisement on the Florida American Planning Association (F AP A) website for the Senior Planner and the Senior Urban Designer Planner positions. Including time spent on education, I have over 20 years of experience in Planning and Architecture. In 1997 I earned a Master of Arts in Urban and Regional Planning degree and in 1990 I earned a Bachelor of Design in Architecture degree from the University of Florida. In 2002, I obtained Planner certification from the American Institute of Certified Planners (AICP). I have worked as a Planner for both public and private entities. In my current position for a private land planning company, I have worked on projects located in St. Lucie County and in the Towns, Villages, and Countryside (TVC) district. The development ofNeo- traditional or New Urbanist communities has been of keen interest to me for many years. As a Planner, I have also been involved with the review of Developments of Regional Impact, Comprehensive Plan Amendments, Site Plans, Rezonings, and Plats among other applications. While employed at the City of Port St. Lucie Planning and Zoning Department, I frequently made presentations to the Planning and Zoning Board, Site Plan Review Committee, and to other public forums. Altogether, I believe that my education and experience in Planning and Architecture would be an asset to the County's planning objectives. I look forward to hearing from you concerning this position and hope to meet with you for an interview in the near future. I may be reached by telephone during the day at (772) 221-2128 ext. 114. Thank-you for your consideration. Sincerely, ~~// þ/:¿'¿c::.....- oIly Price 240 I SE Pinero Road Port St. Lucie, FL 34952 (772)335-3921 priceh@adelphia.net HOLLY EXPERIENCE Houston Cuozzo Group, Inc. Land Planning and Landscape Architecture - Stuart, Florida Senior Planner (1/2006-Current) Coordinated the preparation documents for submittal to State, Regional, and Local governments. Prepared documents for Developments of Regional Impact, Land Use Amendments, Rezonings, Site Plans, Plats, and Due Diligence Reports. Collaborated with a multi-disciplinary team of Developers, Engineers, Architects, Lawyers, and government agencies. Created computer and hand drawn plans or sketches for Conceptual Site Plans, Site Plans, and Plats utilizing New- Urbanist and Suburban design principles. Utilized Microsoft Word, Excel, and AutoCAD 2005 software. City of Port St. Lucie Planning and Zoning Department Port St. Lucie, Florida Planner (12/1998 - 10/2004) Reviewed applications for Developments of Regional Impact, Comprehensive Plan Amendments, Rezonings, Subdivision Plats, Site Plans, Variances, and Special Exception Uses. Presented recommendations to the City Council, Planning and Zoning Board, Site Plan Review Committee, Economic Development Committee, and Treasure Coast Regional Planning Council. Participated in orchestrating public meetings for the RiverWalk Master Plan and the Community Redevelopment Agency Master Plan. Updated and revised the City of Port St. Lucie Design Standards and the Landscape Code. Created computer and hand drawn plans for communicating ideas and perfonning analyses. Utilized Microsoft Word, PowerPoint, Access, Excel, and AutoCAD Release 14 and 2001 software. City of Orlando Planning and Development Department Urban Design Division - Orlando, Florida Planner II (11/1997 - 9/1998) Assembled a Multifamily Design Standards Review Committee, coordinated meetings, and presented material for the Committee to review. Established design standards based on New-Urbanist principles for multifamily development that were presented to the City Council. Reviewed Site Plans, Variances, Subdivision Plats, and Planned Unit Development Rezonings. Created hand drawn plans and sketches as needed for communicating ideas and perfonning analyses. Utilized Microsoft Word, PowerPoint, and Excel software. University of Florida GeoPlan Center Graduate Student (1/1994- 8/1996) Utilized ArcInfo and ArcView to create maps showing radon levels throughout the State of Florida. City of Tavares Planning and Zoning Department Planner Intern, Tavares, Florida (Summer 1994) Assisted in drafting amendments to the City's Comprehensive Plan for proposed annexations. Documented the location and age of approximately 50 historic buildings. (See A WARDS AND HONORS). PRICE John Wieland Homes, Atlanta, Georgia Architect Intern (1/1993 - 8/1993) Coordinated project development and drafted single-family homes using DataCAD Release 4 and manual drawing methods. (In August, I returned to college in order to earn a Master's Degree in Urban and Regional Planning. See EDUCATION). Architects Schlitt and Brenner, Vero Beach, Florida Architect Intern (9/1987 - 8/1988) Produced sets of construction documents for (1) bank, (2) restaurants, (1) professional office building, (1) warehouse, and (1) residence. (In August, I returned to college in order to earn a Bachelor's Degree in Architecture. See EDUCATION). CERTIFICATION AND EDUCATION American Institute of Certified Planners (AICP) (2002) Received certification as a Planner from the American Institute of Certified Planners. University of Florida, Department of Urban and Regional Planning Gainesville, Florida (8/1993 - 8/1997) Master of Arts in Urban and Regional Planning: August, 1997 Emphasis of study in Urban Design and Community Redevelopment. My tenninal project, A Long-Range Redevelopment Plan for Tavares Historic Town Center articulated a New-Urbanist, pedestrian-oriented design plan along with planning strategies for implementing the plan. Illustrations created using Au/oCAD Release 13. Manuscript created using Microsoft Word 97. Florida Real Estate for Salesmen Course (11/1991) Successfully completed this course and passed the State of Florida Real Estate for Salesmen Examination. University of Florida, Department of Architecture Gainesville, Florida (8/1977 - 5/1980, 8/1988 - 5/1990) Bachelor of Design in Architecture: May, 1990 Emory University Atlanta, Georgia First year undergraduate studies. (8/1976 - 5/1977) AWARDS AND HONORS Witter's Competition University of Florida - Gainesville, Florida (4/1995) As one member in a five-member inter-disciplinary team participating a one-day charette, our team won first place for the design of a new building for the Building Construction Department. Official Recognition, Resolution 94-21 City of Tavares - Tavares, Florida (8/1994) Received recognition from the City Council for work perfonned as a Planning Intern. 240 I SE Pinero Road - Port St. Lucie, FL 34952 - (772) 335-3921 EMPLOYMENT HISTORY HOLLY PRICE t. Company Name Houston Cuozzo Group, Inc. Land Planning and Landscape Architecture Address 2400 SE Federal Highway, Suite 310, Stuart, FL 34994 Name of Supervisor Michael Houston State Job Title and Describe Your Work Senior Planner Telephone (772) 221-2128 Part or Full-Time? Full-time Employed (State Month and Year) From 1/06 To Current Pay Start $50,000/yr Last $53,000/yr Reason for Leaving Currently employed here. Coordinated the preparation of documents for submittal to State, Regional, and Local governments. Prepared documents and managed others in the preparation of documents for Developments of Regional Impact, Land Use Amendments, Rezonings, Site Plans, Plats, and Due Diligence Reports. Collaborated b with a multi-disciplinary team of Developers, Engineers, Architects, and Lawyers. Created computer and hand drawn plans or sketches for Conceptual Site Plans, Site Plans, and Plats utilizing New- Urbanist and Suburban design principles. Utilized Microsoft Word, Excel, and AutoCAD 2005 software. 2. Company Name Peacock and Lewis Architects and Planners, Inc. Address 210 N. 2nd Street, Fort Pierce, FL 34950 Name of Supervisor Donald Bergman State Job Title and Describe Your Work Planner and Architect Intern Telephone Part or Full-Time? (772) 460-6085 Full-time Employed (State Month and Year) From 3/05 To 12/05 Pay Start $44,000/yr Last $44,000 Iyr Reason for Leaving Other Opportunity. Designed and drafted Site Plans/Buildings, represented clients, researched code, and coordinated projects. 3. Company Name City of Port S1. Lucie Planning and Zoning Department Address 121 SW Port S1. Lucie Boulevard, Port St. Lucie, FL 34984 Name of Supervisor Steve Ball State Job Title and Describe Your Work Planner Telephone Part or Full-Time? (772) 871-5212 Full-time Employed (State Month and Year) From 12/98 To 10104 Pay Start $44,000/yr Last $44,000/yr Reason for Leaving Assist family with hurricane damage I personal time off. Reviewed Developments of Regional Impact, Comprehensive Plan Amendments, Planned Unit Development and other Rezonings, Subdivision Plats, Site Plans, Variances, Special Exception Uses, /¡) and other applications. Presented recommendations to the City Council, Planning and Zoning Board, Site Plan Review Committee, Economic Development Committee, and Treasure Coast Regional Planning Council. Participated in orchestrating public meetings for the RiverWalk Master Plan and the Community Redevelopment Agency Master Plan. Updated and revised the City of Port St. Lucie Design Standards and the Landscape Code. Created computer and hand drawn plans for communicating ideas and performing analyses. Utilized Microsoft Word, PowerPoint, Access, Excel, and AutoCAD Release 14 and 2001 software. 2401 SE Pinero Road - Port St. Lucie, Florida 34952 - (772) 335-3921 - priceh@adelphia.net EMPLOYMENT HISTORY HOLLY PRICE 4. Company Name Telephone Part or Full-Time? City of Orlando Planning Dept.. Urban Design Division (407) 246-2300 Full-time Address Employed (State Month and Year) 400 S. Orange Avenue, Orlando, FL 32801 From 10/97 To 9/98 Name of Supervisor Pay Dena Wild, Chief Planner, Urban Design Division, (407) 392-3346 Start $29,700/yr Last $29,700/yr State Job Title and Describe Your Work Reason for Leaving Urban Design Planner 11- Contract Position - Ended 9/31/98 Organized a committee to address improving the design of multifamily development; Made presentations to the Multifamily Development Design Committee; Drafted new multifamily standards for the Land Development Code (LDC); Submitted Development Review Reports on proposed developments to the Municipal Planning Board (MPB) and the Board of Zoning Adjustment (BZA). 5. Company Name University of Florida, Urban and Regional Planning Dept. Address PO Box 115706, Univ. ofFL, Gainesville, FL 32611 Name of Supervisor N/A State Job Title and Describe Your Work Graduate Student. Telephone Part or Full-Time? (352) 392-0997 Full and Part-time Employed (State Month and Year) From 8/93 To 8/97 Pay Start N/A Last N/A Reason for Leaving Graduated - Master of Arts in Urban and Regional Planning. 6. Company Name University of Florida, GeoPlan Center Address PO Box 115706, Univ. ofFL, Gainesville, FL 32611 Name of Supervisor Stanley Latimer, Assistant in Research, GeoPlan Center State Job Title and Describe Your Work Graduate Assistant - Created maps using ArcInfo, a Geographic Information System (GIS), showing radon levels in soils throughout the state of Florida. Telephone Part or Full-Time? (352) 392-0997 Part-time Employed (State Month and Year) From 8/93 To 12/95 Pay Start $7.50/hr Last $8.00/hr Reason for Leaving Except for the terminal project, I had fmished the college curriculum. Moved to Vero Beach and finished terminal project. 7. Company Name University of Florida, Urban and Regional Planning Dept. Address PO Box 115706, Univ. ofFL, Gainesville, FL 32611 Name of Supervisor (Deceased) Dr. William Weismantel, Professor, Urban & Regional Planning State Job Title and Describe Your Work Graduate Assistant - Documented historic buildings in Hawthorne, Florida. Telephone Part or Full-time? (352) 392-0997 Part-time Employed (State Month and Year) From 6/95 To 8/95 Pay Start $8.00/hr Last Reason for Leaving $8.00/hr Temporary summer position. 2401 SE Pinero Road - Port St. Lucie, Florida 34952 - (772) 335-3921 - priceh@adelphia.net 2 EMPLOYMENT HISTORY HOLLY PRICE 8. Company Name City of Tavares Planning, Zoning, and Development Dept. Address 201 E. Main Street, Tavares, FL 32778 Name of Snpervisor Mark Cechman, Director of Planning State Job Title and Describe Your Work Planning Intern - Assisted in drafting amendments to the Comprehensive Plan. Documented historic buildings. Telephone Part or Full-time? (352) 742-6213 Full-time Employed (State Month and Year) From 5/94 To 8/94 Pay Start $7.50/hr Last $7.50/hr Reason for Leaving Summer Internship. 9. Company Name John Weiland Homes Developer of Single-family homes. Address Employed (State Month and Year) P.O. Box 87363, Atlanta, GA 30337 From 1/93 To 8/93 Name of Supervisor Pay Steve Romaine, Division Chief of Design Start $23,500/yr Last State Job Title and Describe Your Work Reason for Leaving Project Coordinator-Architect Intern Enrolled in Graduate School Coordinated project development and drafted single family homes. Telephone (404) 996-1400 Part or Full-time? Full-time $23,500/yr 10. Company Name Atlanta Structural Product Truss Fabrication Company Address P.O. Box 758, Lilbum, GA 30247 Name of Supervisor Tom Young, President State Job Title and Describe Your Work Project Coordinator - Designed and drafted structural plans for single family homes. Telephone Part or Full-Time? (404) 381-5858 Full-time Employed (State Month and Year) From 4/92 To 1/93 Pay Start $7.50/hr Last $9.50/hr Reason for Leaving Other opportunity - temporary. 11. Company Name Telephone Part or Full-Time? Not Employed or Self-Employed (561) 231-5087 N/A Address Employed (State Month and Year) 615 Causeway Boulevard, Vero Beach, FL 32963 From 5/90 To 4/92 During this period, I lived with my parents and brother in order to be close to my father and brother before their deaths. In 1990, both were diagnosed with cancer: I helped take care of them and other family matters. In addition, as an owner/contractor, I supervised the construction of a three-bedroom house for myself. In December of 1991, I moved to Atlanta, Georgia. 2401 SE Pinero Road - Port St. Lucie, Florida 34952 - (772) 335-3921 - priceh@adelphia.net 3 EMPLOYMENT HISTORY HOLLY PRICE 12. Company Name University of Florida, Architecture Department Address PO Box 115706, Univ. ofFL, Gainesville, FL 32611 Name of Supervisor N/A State Job Title and Describe Your Work Undergraduate Student. Telephone Part or Full-Time? (352) 392-0205 Full-time Employed (State Month and Year) From 8/88 To 5/90 Pay Start N/A Last N/A Reason for Leaving Graduated - Bachelor of Design in Architecture. 13. Company Name Radio Shack Electronic Retail Store Address 2627 NW 13th Street, Gainesville, FL, 32611 Name of Supervisor Stevie Adams, Principal Supervisor State Job Title and Describe Your Work Salesperson. Sold Electronics. Telephone (352) 373-1397 Part or Full-Time? Part-time Employed (State Month and Year) From 10/88 To 12/88 Pay Start $3.50/hr+ Comm. Last $3.50/hr + Comm. Reason for Leaving Temporary position during Christmas season while in college. 14. Company Name Architects Schlitt and Brenner Address P.O. Box 2589, Vero Beach, FL 32961 Name of Supervisor John Schlitt State Job Title and Describe Your Work Project Coordinator- Architect Intern Telephone Part or Full-time? (561) 562-1716 Full-time Employed (State Month and Year) From 9/87 To 8/88 Pay Start $7.501hr +(bonuses) Last $8.501hr +(bonuses) Reason for Leaving Enrolled in College of Architecture. Produced sets of Construction Documents for residential, commercial, and industrial development. 915 Old Dixie Hwy. SW, Vera Beach, FL 32960 Name of Supervisor Mark Peirce, Principal Supervisor State Job Title and Describe Your Work Project Coordinator- Architect Intern Telephone Part or Full-time? (561) 567-1402 Full-time Employed (State Month and Year) From 8/86 To 9/87 Pay Start $6.501hr Last $7.501hr Reason for Leaving Other opportunity. 15. Company Name John Calmes Architect Address Produced sets of Construction Documents for residential, commercial, and industrial development. 2401 SE Pinero Road - Port St. Lucie, Florida 34952 - (772) 335-3921 - priceh@adelphia.net 4 EMPLOYMENT HISTORY HOLLY PRICE 16. Company Name Fugleberg Koch Architects, Inc. Address 2555 Temple Trail, Winter Park, FL, 32789 Name of Supervisor Robert Koch, President State Job Title and Describe Your Work Architect Intern - Produced sets of Construction Documents. Participated in making a model of a resort hotel. Telephone Part or Full-time? (407) 629-0595 Full-time Employed (State Month and Year) From 1/86 To 8/86 Pay Start $5.001hr Last $5.001hr Reason for Leaving Other opportunity. 2401 SE Pinero Road - Port St. Lucie, Florida 34952 - (772) 335-3921 - priceh@adelphia.net 5 ø ~ + ...... ~ ø .. 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( J ~ ~ ; t5 ~ ~ --=- c..t \J . .... $.t ~ ã tU ~ = -.. -.. = ~ ~ ~ ~ ,() ~ ~ = ~ ..... tn c..t ~ \+-t = $.t = -.. c..t .g tU fa . ~ "a Jf~ i ï I:Î ~ 1- .t ~ 5 g tt' ¢: "a ~ ~ ~ã · 1 ] G) ~~ j 1 .j I ~~ ~l'~t~~ ~ ~ ã \+-t ~ ~ .! ~ §"' = ,Q · ¡:: ~ "'H c..t ~ ~ Q ~ ~~ -. ~ ..!! ~ ~ _~ Q .:E- ~ ~ ~ .....~ ~ '+-+ c..t ~ ~t:)~= ;Q S 'ª ,() ~ ~ ªEt ~ ,() ~ ..... i -£r ~ .! ~ ~ '+-+ ,.Q ø § ~ ~ --=- ~. .EP $.t ~ ~ ~ .ë ;äM. ~ 5 =: =: ~ ,() ~ ~ ã § ~ ~ ~ ~ 1~ ~~~ l~ AGENDA REQUEST ITEM NO. SA DATE: June 5, 2007 REGULAR [ ] PUBLIC HEARING [x ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Second Reading - Ordinance No. 07-017 - Amend Land Development Code to Provide an Exemption to the Requirement for a Bond for Moving a Structure BACKGROUND: See CA No. 07-0889 FUNDS AVAILABLE: PREVIOUS ACTION: On April 19, 2007, the Planning and Zoning Commission voted to forward this Ordinance to the Board with a recommendation for approval. On May 15, 2007, the Board of County Commissioners held the first public hearing on this Ordinance. RECOMMENDATION CONCLUSION: Staff recommends the Board approve Ordinance No. 07-017. COMMISSION ACTION: 'Þ'l APPROVED [ ] DENIED [ ] OTHER: Dougl s . Anderson County Administrator Approved 5-0 [X] County Attorney: ~ Review and Approvals [ ]Management & Budget: [ ] Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-0889 DATE: June 5, 2007 SUBJECT: Second Reading - Ordinance No. 07-017 - Amend Land Development Code to Provide an Exemption to the Requirement for a Bond for Moving a Structure BACKGROUND: Attached is proposed Ordinance 07-017, which would amend the Land Development Code to provide an exemption to the requirement that petitioners provide a bond that guarantees that a building will be brought up to the current code when moving a structure into or within St. Lucie County. Section 13.00.01(0) of the St. Lucie County Land Development Code currently requires persons seeking to move a building or structure to provide a bond to the County to ensure that the building or structure is brought into compliance with the building code in force at the time of the move. Section 1102.0 of the Florida Existing Building Code provides that residential buildings or structures moved into or within a county shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved provided the building meets certain criteria. In order to bring the Land Development Code into alignment with the Florida Existing Building Code, Section 13.00.01(0) needs to provide an exception to the bonding requirement for those buildings or structures that can meet the criteria in Section 1102.0 of the Florida Existing Building Code. Additionally, a number of buildings or structures which have been moved into or within the County have not been moved over a public right-of-way, but the County still desires that they be brought up to the current code if they do not meet the criteria in Section 1102.0 of the Florida Existing Building Code. On April 19, 2007, the Planning and Zoning Commission forwarded this Ordinance to the Board with a recommendation for approval. On May 15, 2007, the Board held its first public hearing on this Ordinance. RECOMM EN DATION I CONCLUSION: Staff recommends the Board approve Ordinance No. 07-017. Respectfully submitted, 0/) / 1fr-~ ./ - ,./ .. ./l.. '.: i j/ V~L/" ß ,/ /~ I ' ¡ f ò/V jl Heather Sperrazza' L' eke 7; '- Assistant County Attorney ~ HL/ CHAPTER 11 RELOCATED OR MOVED BUILDINGS 1101.1 Scope. This chapter provides requirements for 1102.2.2 Connection to the foundation. The connec- relocated or moved stmctures, tion of the relocated building to the foundation shaH 1101.2 Conformance. The building shall be safe for comply with the Florida Building Code, Building. II human occupancy as determined by the Florida Fire Pre- ~ Wind loads. Buildings shall comply with the Flor- vention C.0de and, the Florida Building Code, Building~~ilding Code, Building, Any repaIr, alteratIon, or change of occupancy undertaketl'" . Exceptions: within the moved structure shall comply with the require- , , ments of this code applicable to the work being performed, I. Structunù elements whose stress IS not Increased Any field-fabricated elements shall comply with the by more thanS percent. 11 requirements of the Florida Building Code, Building. 2. Manufactured buildings as approved by the Manu- factured Buildings Program, Florida Department of Community Affairs. 1102.4 Required inspection and repairs. The building official shall be authorized to inspect, or to require approved professionals to inspect at the expense of the owner, the various structural parts of a relocated building to verify that structural components and connections have not sustained structural damage, Any repairs required by the building official as a result of such inspection shall be made II prior to the final approval. 1102.5 and 1102.6 Reserved, SECTION 1101 GENERAL SECTION 1102 REQUIREMENTS ...;:;,r 1102.0 esidential buildings or structures moved into or n a county or municipality shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved, provided: I, The building or structure is structurally sound and in occupiable condition for its intended use; 2. The occupancy use classification for the building or structure is not changed as a result of the move; 3. The building is not substantially remodeled; 4, Current fire code requirements for ingress and egress are met; 5, Electrical, gas and plumbing systems meet the code in force at the time of construction and are opera- tio031 and safe for reconnection; and 6. Foundation plans are sealed by a professional engi- neer or architect licensed to practice in this state, if required by the Florida Building Code, Building for all residential buildings or structures of the same occupancy class, 7, Moving of buildings shall be in accordance with the Florida Building Code, Building. 1102.1 Location on the lot. The building shall be located lion the lot in accordance with the requirements of the Flor- ida Building Code, Building. 1102.2 Foundation. The foundation system of relocated ! I buildings shall comply with the Florida Building Code, Building or the Florida Building Code, Residential as appli- cable, 1102.2.1 Historic buildings. Foundations of relocated historic buildings and structures shall comply with the Florida Building Code, Building. Relocated historic buildings shall otherwise be considered historic build- ings for the purpose of this code, Relocated historic buildings and structures shall be so sited that exterior wall and opening requirements comply with the Florida II Building Code, Building or the compliance alternatives of this code, 11.1 ORDINANCE NO. 07-017 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 13.00.01 BY PROVIDING AN EXCEPTION TO THE REQUIREMENT THAT PERSONS SEEKING TO MOVE A BUILDING OR STRUCTURE MUST PROVIDE A BOND TO THE COUNTY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 1102.0 of the Florida Existing Building Code provides that residential buildings or structures moved into or within a county shall not be required to be brought into compliance with the state minimum building code in force at the time the building or structure is moved provided the building meets certain criteria; and, 2. Section 13.00.01(0) of the St. Lucie County Land Development Code currently requires persons seeking to move a building or structure to provide a bond to the County to ensure that the building or structure is brought into compliance with the building code in force at the time of the move; and, 3. In order to bring the Land Development Code into alignment with the Florida Existing Building Code, Section 13.00.01(0) needs to provide an exception to the bonding requirement for those buildings or structures that can meet the criteria in Section 1102.0 of the Florida Existing Building Code; and, 4. A number of buildings or structures which have been moved into or within the County have not been moved over a public right-of-way, but the County still desires that they be brought up to the current code if they do not meet the criteria in Section 1102.0 of the Florida Existing Building Code; and, 5. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie Cou nty Land Development Code. 6. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 - 91-21 - 93-01 - March 14, 1991 November 7, 1991 February 16, 1993 91-09 - 92-17 - 93-03 - May 14,1991 June 2, 1992 February 16, 1993 Strucl( tl'ìr6I:Jgl'ì passages are deleted. Underlined passages are added. Page 1 of 5 93-05 - 93-07 - 94-18 - 95-01 - 97 -01 - 97-03 - 99-02 - 99-04 - 99-15 - 99-17 - 00-10 - 00-12 - 01-03 - 02-09 - 02-29 - 04-02 - 04-33 - 05-03 - 05-07 - 05-23 - 06-13 06-18 - 06-30- May 25, 1993 May 25,1993 August 16, 1994 January 10, 1995 March 4,1997 September 2,1997 April 6, 1999 August 17, 1999 July 20, 1999 September 7,1999 June 13, 2000 June 13, 2000 December 18, 2001 March 5, 2002 October 15, 2002 January 20, 2004 December 7,2005 August 2,2005 January 18, 2005 September 20, 2005 June 6, 2006 May 30, 2006 September 12, 2006 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - 99-16 - 99-18 - 00-11 - 00-13 - 02-05 - 02-20 - 03-05 - 04-07- 05-01- 05-04 - 05-16 - 06-05 06-17- 06-22- May 25,1993 June 22,1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17, 1999 July 20,1999 July 02,1999 November 2, 1999 June 13,2000 June 13,2000 June 24, 2002 October 15, 2002 October 7, 2003 April 20, 2004 March 15, 2005 August 2, 2005 August 16, 2005 April 18, 2006 May 30,2006 July 18,2006 7. On April 19, 2007, 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 the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 8. On May 15, 2007, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on May 4, 2007. 9. On June 5, 2007, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on 10. The proposed amendments to the St. Lucie County Land Development Code are consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and are 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: Ctruel( t19f6Ug19 passages are deleted. Underlined passages are added. Page 2 of 5 PART A. The specific amendments to the St. Lucie County Land Development Code to read as follows, include: 13.00.00 BUILDING CODE 13.00.01 BUILDING CODE A. Unchanged B. Unchanged C. MOVING OF BUILDINGS, BOND REQUIRED The Building Official, as a condition precedent to the issuance of permit to move any building or structure over a public right-of-way, shall require a bond, or other form of acceptable security to the St. Lucie County Attorney, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney as listed in Section 11.04.01(C)(2). Such bond, shall, at a minimum, indemnify the County from any damage caused by the moving of such building to any street, road, highway, curb, sidewalk, tress, bridge, light pole, traffic signal, or other item or fixture as may be described by the County. The County shall, at its discretion, include any reasonable performance criteria within the bonding agreement intended to address the issue of damage to any street, road, highway or appurtenance thereto. D. MOVING OF BUILDINGS, IMPROVEMENTS BY OWNER The Building Official, as a condition precedent to the issuance of permit to move any building or structure o'v'er a public right of way, shall require a bond, or other form of acccptable sccurity to the St. Lucie County Attorney, to be executed by person desiring such removal permit. Such bond shall be made payable to the Board of County Commissioners of St. Lucie County, Florida, and shall be in a manner and form acceptable to the St. Lucie County Attorney as listed in Section 11.04.01(C)(2). The value of such bond shall at a minimum ffi be equal to the cost of demolition, removal or repair, in order to bring thc building into compliance '¡ýith the florida Ouilding Code, a3 emended and Ðdopted by St. Lucie County of the structure. The bond shall be conditioned on bringing the relocated building into compliance with the Florida Building Code within the ninety (90) days from the date of relocation; if the building does not comply with the Florida Building Code within the ninety-day period the County shall give ten days' written notice of noncompliance and of the County's intent to have the bond forfeited to cover the cost of demolition, removal or repair of such building. Following such notice, the bond shall be forfeited and the necessary demolition, removal or repair shall be done. The Building Official, may grant reasonable extensions to the ninety (90) day compliance period if it is demonstrated to the satisfaction of the Building Official that the delay in completing the required improvement has been caused by matters beyond the control of the owner or house mover. There shall be an Struell tl9reugl9 passages are deleted. Underlined passages are added. Page 3 of 5 exception to this bond requirement for any structure that the County Building Official or his or her designee determines fulfills the requirements of Section 1102.0 and 1102.3 of the Florida Existing Building Code. No permit for the moving of any structure shall be issued by the County unless there is an accompanying building permit for the reconstruction of the structure being moved at its new location, within the jurisdiction of St. Lucie County. The building permit application must conform with all other applicable sections of the St. Lucie County Land Development Code for the proposed location. If the structure is being moved to a location outside of the jurisdiction of St. Lucie County, no such building permit from the County will be required. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABI LIlY. 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. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on July 3, 2007. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Charles Grande Commissioner Doug Coward xxx XXX XXX XXX XXX Struel( t19rough passages are deleted. Underlined passages are added. Page 4 of 5 PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney ~truel( t19reugh passages are deleted. Underlined passages are added. Page 5 of 5 AGENDA REQUEST ITEM NO. 66 DATE: June 5/ 2007 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 07-036 - Cardroom Gaming of Pari-mutuel Facilities BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board determine whether to adopt Ordinance No. 07-036. M, APPROVED [] DENIED [ ] OTHER: ou as Anderson County Administrator COMMISSION ACTION: Approved 4-1 Comm. Coward voting No. Motion to include amendment on adðd:ional security It necessary. Review and Approvals Management & Budget Purchasing: _1':;11,.....'111::1 ......"""t"'. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eff, 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07 -881 DATE: May 16, 2007 SUBJECT: Ordinance No. 07-036 - Cardroom Gaming of Pari-mutuel Facilities ..................................................................................... BACKGROUND: The Florida Legislature adopted Section 849.086, Florida Statutes, to permit commercial cardroom gaming at existing pari-mutuel wagering facilities. The law provides that each County must approve cardroom activity in their respective Counties. A copy of Section 849.086, Florida Statutes, is attached. Also attached is a copy of a letter dated April 27, 2007, from Edward Becht, Esquire, requesting that the County grant permission for Fort Pierce Jai Alai to operate a cardroom. Attached to this memorandum is a copy of draft Ordinance No. 07-036 which, if adopted, would grant approval for licensed pari-mutuel facilities in St. Lucie County to operate cardroom facilities. For the Board's information, the Board previously voted to deny similar requests on November 26, 1996 and on March 4,1997, Also attached to this memorandum is a copy of Senate Bill 0752er which appears to have passed in both the House and the Senate. The law, if approved by the Governor, would provide for city approval of card rooms where the facility is located within a city. Fort Pierce Jai Alai is located within the City of Fort Pierce. As of this date, the law has not been presented to the Governor. The law, if approved, would be effective July 1, 2007. Permission to advertise was granted on May 15, 2007 and notice was published in the Tribune on May 22, 2007. RECOMMENDATION/CONCLUSION: DSM/ caf Attachments ORDINANCE NO. 07-036 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR CARDROOM GAMING OF PARI-MUTUEL FACILITIES, PROVIDING FOR REPEAL OF LAWS IN CONFLICT, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 849.086 of the Florida Statutes authorizes cardroom gaming at pari-mutuel wagering facilities holding a valid permit and license issued by the Division of Pari-mutuel Wagering pursuant to Chapter 550 of the Florida Statutes; and WHEREAS, Section 849.086 of the Florida Statutes provides that a County may authorize such cardroom activity at pari-mutuel facilities in accordance with the rules and regulations of the division of Pari-mutuel Wagering; and WHEREAS, the Division of Pari-mutuel Wagering has enacted rules and regulations specifying that a county may authorize such activity by enacting an ordinance approving cardroom operations; and WHEREAS, the Board wishes to authorize cardroom gaming at licensed pari-mutuel facilities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THAT:\ PART A. Article III "Pari-mutuel Wagering Facilities" of Chapter 1-12 of the Code of Ordinances of St. Lucie County is created as follows: Section 1-12-61 Pari-mutuel wagering facilities in St. Lucie County holding valid permits and licenses issued by the Division of Pari-mutuel Watering pursuant to Chapter 550 of the Florida Statutes are hereby authorized. pursuant to Section 849.086 of the Florida Statutes. to conduct cardroom activities. Such cardroom activities are to be conducted in accordance with Section 849.086 of the Florida Statutes and the rules promulgated thereunder. Underlined portions are added. 1 Strt:leh tkrst:lgk portions are deleted. PART B. Repeal of Laws in Conflict All local laws and ordinances of St. Lucie County in conflict with any provision of this Ordinance are hereby repealed to the extent of such conflict. PART C. Severability In any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a Court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. PART D. Inclusion in Code of Laws and Ordinances The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of St. Lucie County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or other appropriate word. PART E. Effective Date The provisions of this Ordinance shall become effective July I, 2007. PART F. Adoption. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Charles Grande xxx xxx XXX XXX XXX PASSED AND DULY ENACTED this 5th day of June, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Underlined portions are added, 2 Strtleh tkrotlgk portions are deleted, APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Underlined portions are added, 3 StrtJel\ tkrstJgk portions are deleted. F.S. 2006 ;uits may be ambling con- achment, gar- used against 3cution of suit. loney; execu- f property; writ perty used in ~ambling stat- of property tice of seizure lnt. ed. ate. feiture. c.-Whoever lerk or agent, ises or main- nplements or Jr other place , in any place jirectly have ixclusively or my person to 3.t any game r not, shall be hable as pro- ,084. 499; CGL 7657; s. per of gam- clerk, agent, of s. 849.01 J the extent ¡DO; CGL 7658. purposes.- )wingly rents ¡Iter or place j in the man- 01. 01; CGL 7659. .ons under ~ the propri- F.S.2006 :..--- GAMBLING Ch. 849 or common areas of a condominium, cooperative, resi- dential subdivision, or mobile home park of which a par- ticipant in a penny-ante game is a unit owner, or the facilities of an organization which is tax exempt under s. 501 (c)(7) of the Internal Revenue Code. The term "dwelling" also includes a college dormitory room or the common recreational area of a college dormitory or a publicly owned community center owned by a munici- pality or county. (3) A penny-ante game is subject to the following restrictions: (a) The game must be conducted in a dwelling. (b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling. (c) A person may not directly or indirectly charge admission or any other fee for participation in the game. (d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he or she will be a participant in any penny-ante game. (e) A penny-ante game may not be conducted in which any participant is under 18 years of age. (4) A debt created or owed as a consequence of any penny-ante game is not legally enforceable. (5) The conduct of any penny-ante game within the common elements or common area of a condominium, cooperative, residential subdivision, or mobile home park or the conduct of any penny-ante game within the dwelling of an eligible organization as defined in sub- section (2) or within a publicly owned community center owned by a municipality or county creates no civilliabil- ity for damages arising from the penny-ante game on the part of a condominium association, cooperative association, a homeowners' association as defined in s. 720.301, mobile home owners' association, dwelling owner, or municipality or county or on the part of a unit owner who was not a participant in the game. Hlstory.-s. 1. ch. 89-368; s. 33,ch, 91-197; s, 1358, ch, 97-102; s. 12, ch. 99-382; ss. 58, 70, ch. 2000-258, 849.086 Card rooms authorized.- (1) LEGISLATIVE INTENT.-It is the intent of the Legislature to provide additional entertainment choices for the residents of and visitors to the state, promote tourism in the state, and provide additional state reve- nues through the authorization of the playing of certain games in the state at facilities known as card rooms which are to be located at licensed pari-mutuel facili- ties. To ensure the public confidence in the integrity of authorized cardroom operations, this act is designed to strictly regulate the facilities, persons, and procedures related to cardroom operations. Furthermore, the Leg- islature finds that authorized games as herein defined are considered to be pari-mutuel style games and not casino gaming because the participants play against each other instead of against the house. (2) DEFINITIONS.-As used in this section: (a) "Authorized game" means a game or series of games of poker which are played in a nonbanking man- ner. (b) "Banking game" means a game in which the house is a participant in the game, taking on players, 863 etor, owner or keeper of any E. 0., keno or pool table, or billiard table, wheel of fortune, or other game of chance, kept for the purpose of betting, willfully and knowingly allows any minor or any person who is men- tally incompetent or under guardianship to play at such game or to bet on such game of chance or whoever aids or abets or otherwise encourages such playing or betting of any money or other valuable thing upon the result of such game of chance by any minor or any per- son who is mentally incompetent or under guardianship shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. For the purpose of this section, a "mentally incompetent person" is one who because of mental illness, mental retardation, senility, excessive use of drugs or alcohol, or other mental incapacity is incapable of either manag- ing his or her property or caring for himself or herself or both. History,-s. 1, ch. 3145, 1879; RS 2647; s. 9, ch. 4322, 1895; GS 3575; RGS 5502; CGL 7660; s. 1060, ch. 71-136; s, 5, ch, 88-33; s, 1356, ch. 97-102. 849.05 Prima facie evidence.-If any of the imple- ments, devices or apparatus commonly used in games of chance in gambling houses or by gamblers, are found in any house, room, booth, shelter or other place it shall be prima facie evidence that the said house, room, booth, shelter or other place where the same are found is keptfor the purpose of gambling. History.-s. 4, ch. 3764, 1887; RS 2648; GS 3578; RGS 5503; CGL 7661; s. 243, ch. 77-104. 1 I I 849.07 Permitting gambling on billiard or pool table by holder of license.-If any holder of a license to operate a billiard or pool table shall permit any person to play billiards or pool or any other game for money, or any other thing of value, upon such tables, she or he shall be deemed guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.-s. 14, ch, 6421, 1913; RGS 5505; CGL 7663; s, 1062, ch. 71-136; s. 1357, ch. 97-102. 849.08 Gambling.-Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misde- meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.-RS 2651; s. 1, ch. 4514,1895; GS 3579; RGS 5508; CGL 7668; s, 1063, ch. 71-136. 849.085 Certain penny-ante games not crimes; restrictions.- (1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section. (2) As used in this section: (a) "Penny-ante game" means a game or series of games of poker, pinochle, bridge, rummy, canasta, hearts, dominoes, or mah-jongg in which the winnings of any player in a single round, hand, or game do not exceed $10 in value. (b) "Dwelling" means residential premises owned or rented by a participant in a penny·ante game and occupied by such participant or the common elements Ch. 849 paying winners, and collecting from losers or in which the cardroom establishes a bank against which partici- pants play. (c) "Cardroom" means a facility where authorized card games are played for money or anything of value and to which the public is invited to participate in such games and charged a fee for participation by the opera- tor of such facility. Authorized games and cardrooms do not constitute casino gaming operations. (d) "Cardroom management company" means any individual not an employee of the cardroom operator, any proprietorship, partnership, corporation, or other entity that enters into an agreement with a cardroom operator to manage, operate, or otherwise control the daily operation of a cardroom. (e) "Cardroom distributor" means any business that distributes cardroom paraphernalia such as card tables, betting chips, chip holders, drop boxes, banking supplies, playing cards, card shufflers, and other asso- ciated equipment to authorized card rooms. (f) "Cardroom operator" means a licensed pari- mutuel permitholder which holds a valid permit and license issued by the division pursuant to chapter 550 and which also holds a valid cardroom license issued by the division pursuant to this section which authorizes such person to operate a cardroom and to conduct authorized games in such cardroom. (g) "Division" means the Division of Pari-mutuel Wagering of the Department of Business and Profes- sional Regulation. (h) "Gross receipts" means the total amount of money received by a cardroom from any person for participation in authorized games. (i) "House" means the cardroom operator and all employees of the cardroom operator. ü) "Net proceeds" means the total amount of gross receipts received by a cardroom operator from card- room operations less direct operating expenses related to cardroom operations, including labor costs, admis- sion taxes only if a separate admission fee is charged for entry to the cardroom facility, gross receipts taxes imposed on cardroom operators by this section, the annual cardroom license fees imposed by this section on each table operated at a cardroom, and reasonable promotional costs excluding officer and director com- pensation, interest on capital debt, legal fees, real estate taxes, bad debts, contributions or donations, or overhead and depreciation expenses not directly related to the operation of the card rooms. (k) "Rake" means a set fee or percentage of the pot assessed by a cardroom operator for providing the ser- vices of a dealer, table, or location for playing the authorized game. (3) CARDROOM AUTHORIZED.-Notwithstand- ing any other provision of law, it is not a crime for a per- son to participate in an authorized game at a licensed cardroom or to operate a cardroom described in this section if such game and cardroom operation are con- ducted strictly in accordance with the provisions of this section. (4) AUTHORITY OF DIVISION.- The Division of Pari-mutuel Wagering of the Department of Business and Professional Regulation shall administer this sec- GAMBLING tion and regulate the operation of cardrooms underth" section and the rules adopted pursuant thereto a d!S hereby authorized to: ' n, IS ',' (a) Adopt rules, including, but not limited to. th~ " issuance of cardroom and employee licenses for C· "de t· th' ar - room opera Ions; e operation of a card roo ' . rec~rdkeeping and reporting .requirements; and the c~1 lectlon of all fee~ and ~ax~s Imposed by this Section.: (b) Conduct investigations and monitor the tion of card rooms and the playing of authorized therein. (c) Review the books, accounts, and records of any current or former cardroom operator. (d) Suspend or revoke any license or permit hearing, for any violation of the provisions of thi~ tion or the administrative rules adopted thereto. (e) Take testimony, issue summons and nas for any witness, and issue subpoenas duces in connection with any matter within its jurisdiction. (f) Monitor and ensure the proper collection taxes and fees imposed by this section. Permitholder internal controls are mandated to ensure no compro- mise of state funds. To that end, a roaming division auditor will monitor and verify the cash flow and accounting of cardroom revenue for any given operat- ing day. (5) LICENSE REQUIRED; APPLICATION; FEES. No person may operate a cardroom in this state unless such person holds a valid cardroom license issued pur- suant to this section. (a) Only those persons holding a valid cardroom license issued by the division may operate a cardroom. A cardroom license may only be issued to a licensed pari-mutuel permitholder and an authorized cardroom may only be operated at the same facility at which the permitholder is authorized under its valid pari-mutuel wagering permit to conduct pari-mutuel wagering activ- ities. (b) After the initial cardroom license is granted, the application for the annual license renewal shall be made in conjunction with the applicant's annual appli- cation for its pari-mutuel license. If a permitholder has operated a cardroom during any of the 3 previous fiscal years and fails to include a renewal request for the operation of the cardroom in its annual application for license renewal, the permitholder may amend its annual application to include operation of the card- room. In order for a cardroom license to be renewed the applicant must have requested, as part of its pari- mutuel annual license application, to conduct at least 90 percent of the total number of live performances conducted by such permitholder during either the state fiscal year in which its initial cardroom license was issued or the state fiscal year immediately prior thereto. If the application is for a harness pérmitholder card- room, the applicant must have requested authorization to conduct a minimum of 140 live performances during the state fiscal year immediately prior thereto. If more than one permitholder is operating at a facility, each permitholder must have applied for a license to conduct a full schedule of live racing. 864 F.S. 2006 F.s.2006 GAMBLING )ms under this hereto, and is imited to: the nses for card- a cardroom' s; and the col: this section. tor the opera- orizedgames (c) Persons seeking a license or a renewal thereof to operate a cardroom shall make application on forms prescribed by the division. Applications for cardroom licenses shall contain all of the information the division, by rule, may determine is required to ensure eligibility. (d) The annual cardroom license fee for each facil- ity shall be $1,000 for the first table and $500 for eac.h additional table to be operated at the cardroom. This license fee shall be deposited by the division with the Chief Financial Officer to the credit of the Pari-mutuel Wagering Trust Fund. (6) BUSINESS AND EMPLOYEE OCCUPA- TIONAL LICENSE REQUIRED; APPLICATION; FEES.- (a) A person employed or otherwise working in a cardroom as a cardroom manager, floor supervisor, pit boss, dealer, or any other activity related to cardroom operations while the facility is conducting card playing must hold a valid cardroom employee occupational license issued by the division. Food service, mainte- nance, and security employees with a current pari- mutuel occupational license and a current background check will not be required to have a cardroom employee occupational license. (b) Any cardroom management company or card- room distributor associated with cardroom operations must hold a valid cardroom business occupational license issued by the division. (c) No licensed cardroom operator may employ or allow to work in a cardroom any person unless such person holds a valid occupational license. No licensed cardroom operator may contract, or otherwise do busi- ness with, a business required to hold a valid cardroom business occupational license, unless the business holds such a valid license. (d) The division shall establish, by rule, a schedule for the annual renewal of cardroom occupational licenses. Cardroom occupational licenses are not transferable. (e) Persons seeking cardroom occupational licenses, or renewal thereof, shall make application on forms prescribed by the division. Applications for card- room occupational licenses shall contain all of the infor- mation the division, by rule, may determine is required to ensure eligibility. (f) The division shall promulgate rules regarding cardroom occupational licenses. The provisions speci- fied in s. 550.105(4), (5), (6), (7), (8), and (10) relating to licensure shall be applicable to cardroom occupa- tional licenses. (g) The division may deny, declare ineligible, or revoke any cardroom occupational license if the appli- cant or holder thereof has been found guilty or had adjudication withheld in this state or any other state, or under the laws of the United States of a felony or mis- demeanor involving forgery, larceny, extortion, conspir- acy to defraud, or filing false reports to a government agency, racing or gaming commission or authority. (h) Fingerprints for all cardroom occupational license applications shall be taken in a manner approved by the division and then shall be submitted to the Florida Department of Law Enforcement and the Federal Bureau of Investigation for a criminal records 'ecords of any r permit, after IS of this sec- :ed pursuant and subpoe- duces tecum Irisdiction. collection of Permitholder ~ no compro- rning division sh flow and ;liven operat- nON; FEES. ¡ state unless e issued pur- lid cardroom , a cardroom. to a licensed ed cardroom at which the I pari-mutuel Igering activ- granted, the Nal shall be mnual appli- litholder has 'evious fiscal !uest for the Jplication for , amend its of the card- renewed the of its pari- juct at least 3rrormances ler the state license was )rior thereto. 10lder card- luthorization Inces during ·eto. If more acility, each e to conduct Ch. 849 check upon initial application and every 5 years there- after. The division may by rule require an annual record check of all renewal applications for a cardroom occu- pational license. The cost of processing fingerprints and conducting a record check shall be borne by the applicant. (i) The cardroom employee occupational license fee shall be $50. The cardroom business occupational license fee shall be $250. (7) CONDITIONS FOR OPERATING A CARD- ROOM.- (a) A cardroom may be operated only at the loca- tion specified on the cardroom license issued by the division, and such location may only be the location at which the pari-mutuel permitholder is authorized to conduct pari-mutuel wagering activities pursuant to such permitholder's valid pari-mutuel permit or as oth- erwise authorized by law. (b) A cardroom may be operated at the facility only when the facility is authorized to accept wagers on pari- mutuel events during its authorized meet. A cardroom may operate between the hours of 12 noon and 12 mid- night on any day a pari-mutuel event is conducted live as a part of its authorized meet. However, a permit- holder who hold:; a valid cardroom license may operate a cardroom between the hours of 12 noon and 12 mid- night on any day that live racing of the same class of permit is occurring within 35 miles of its facility if no other holder of that same class of permit within 35 miles is operating a cardroom at such time and if all holders of the same class of permit within the 35-mile area have given their permission in writing to the permitholder to operate the cardroom during the designated period. Application to operate a cardroom under this paragraph must be made to the division as part of the annual license application. (c) A cardroom operator must at all times employ and provide a nonplaying dealer for each table on which authorized card games which traditionally utilize a dealer are conducted at the cardroom. Such dealers may not have any participatory interest in any game other than the dealing of cards and may not have an interest in the outcome of the game. The providing of such dealers by a licensee shall not be construed as constituting the conducting of a banking game by the cardroom operator. (d) Each cardroom operator shall conspicuously post upon the premises of the cardroom a notice which contains a copy of the cardroom license; a list of authorized games offered by the cardroom; the wager- ing limits imposed by the house, if any; any additional house rules regarding operation of the cardroom or the playing of any game; and all costs to players to partici- pate, including any rake by the house. In addition, each cardroom operator shall post at each table a notice of the minimum and maximum bets authorized at such table and the fee for participation in the game con- ducted. (e) The cardroom facility shall be subject to inspec- tion by the division or any law enforcement agency dur- ing the licensee's regular business hours. The inspec- tion will specifically encompass the permitholder inter- nal control procedures approved by the division. 865 Ch.849 GAMBLING ~ be submitted on forms prescribed by the division a d shall be due at the same time as the monthly pan mutuel reports are due to the division, and such repo~l- , shall contain any additional information deemed neces~ sary by the division, and the reports shall be deemed public records once filed. (12) PROHIBITED ACTIVITIES,- (a) No person licensed to operate a cardroom may conduct any banking game or any game not specifically authorized by this section. (b) No person under 18 years of age may be per- mitted to hold a cardroom or employee license or engage in any game conducted therein. ' (c) No electronic or mechanical devices, except mechanical card shufflers, may be used to conduct any authorized game in a cardroom. (d) No cards; game components, or game imple- ments may be used in playing an authorized game unless such has been furnished or provided to the play- ers by the cardroom operator. (13) TAXES AND OTHER PAYMENTS.- (a) Each cardroom operator shall pay a tax to the state of 10 percent of the cardroom operation's monthly gross receipts. (b) An admission tax equal to 15 percent of the admission charge for entrance to the licensee's card- room facility, or 10 cents, whichever is greater, is imposed on each person entering the cardroom. This admission tax shall apply only if a separate admission fee is charged for entry to the cardroom facility. If a sin- gle admission fee is charged which authorizes entry to both or either the pari-mutuel facility and the cardroom facility, the admission tax shall be payable only once and shall be payable pursuant to chapter 550. The cardroom licensee shall be responsible for collecting the admission tax. An admission tax is imposed on any free passes or complimentary cards issued to guests by licensees in an amount equal to the tax imposed on the regular and usual admission charge for entrance to the licensee's cardroom facility. A cardroom licensee may issue tax-free passes to its officers, officials, and employees or other persons actually engaged in work- ing at the cardroom, including accredited press repre- sentatives such as reporters and editors, and may also issue tax-free passes to other cardroom licensees for the use of their officers and officials. The licensee shall file with the division a list of all persons to whom tax- free passes are issued. (c) Payment of the admission tax and gross receipts tax imposed by this section shall be paid to the division. The division shall deposit these sums with the Chief Financial Officer, one-half being credited to the Pari-mutuel Wagering Trust Fund and one-half being credited to the General Revenue Fund. The cardroom licensee shall remit to the division payment for the admission tax, the gross receipts tax, and the licensee fees. Such payments shall be remitted to the division on the fifth day of each calendar month for taxes and fees imposed for the preceding month's cardroom activities. Licensees shall file a report under oath by the fifth day of each calendar month for all taxes remitted during the preceding calendar month. Such report shall, under oath, indicate the total of all admissions, ~ (f) A cardroom operator may refuse entry to or refuse to allow to play any person who is objectionable, undesirable, or disruptive, but such refusal shall not be on the basis of race, creed, color, religion, sex, national origin, marital status, physical handicap, or age, except as provided in this section. (8) METHOD OF WAGERS; LlMITATION,- (a) No wagering may be conducted using money or other negotiable currency. Games may only be played utilizing a wagering system whereby all players' money is first converted by the house to tokens or chips which shall be used for wagering only at that specific card- room. (b) The cardroom operator may limit the amount wagered in any game or series of games, but the maxi- mum bet may not exceed $2 in value. There may not be more than three raises in any round of betting. The fee charged by the cardroom for participation in the game shall not be included in the calculation of the limitation on the bet amount provided in this paragraph. (9) BOND REQUIRED.- The holder of a cardroom license shall be financially and otherwise responsible for the operation of the cardroom and for the conduct of any manager, dealer, or other employee involved in the operation of the cardroom. Prior to the issuance of a cardroom license, each applicant for such license shall provide evidence of a surety bond in the amount of $50,000, payable to the state, furnished by a corporate surety authorized to do business in the state or evi- dence that the licensee's pari-mutuel bond required by s. 550.125 has been expanded to include the appli- cant's cardroom operation. The bond shall guarantee that the cardroom operator will redeem, for cash, all tokens or chips used in games. Such bond shall be kept in full force and effect by the operator during the term of the license. (10) FEE FOR PARTICIPATION.-The cardroom operator may charge a fee for the right to participate in games conducted at the cardroom. Such fee may be either a flat fee or hourly rate for the use of a seat at a table or a rake subject to the posted maximum amount but may not be based on the amount won by players. The rake-off, if any, must be made in an obvious man- ner and placed in a designated rake area which is clearly visible to all players. Notice of the amount of the participation fee charged shall be posted in a conspicu- ous place in the cardroom and at each table at all times. (11) RECORDS AND REPORTS.- (a) Each licensee operating a cardroom shall keep and maintain permanent daily records of its cardroom operation and shall maintain such records for a period of not less than 3 years. These records shall include all financial transactions and contain sufficient detail to determine compliance with the requirements of this section. All records shall be available for audit and inspection by the division or other law enforcement agencies during the licensee's regular business hours. The information required in such records shall be deter- mined by division rule. (b) Each licensee operating a cardroom shall file with the division a report containing the required rec- ords of such cardroom operation. Such report shall be filed monthly by licensees. The required reports shall the mor scril (c ope of E reCE prizl nex1 harr care perr low~ SUPI er's (E as ¡:: tion to a pa~ led Fun ordE maj ope carl (f use pro' ical tion rool Ü Wa (h), ifie< revl revl bur 55C (1 Par gra ute ho\ loc; car If a it i~ car pm gra det mu frol ea( uni ratl ute ( OF ( thE 866 F.S. 2006 division and nonthly pari- such reports emed neces- I be deemed udroom may )t specifically may be per- ! license, or ices, except conduct any ;Jame imple- )rized game j to the play- a tax to the )n's monthly rcent of the 1see's card- greater, is droom. This e admission :ility. If a sin- izes entry to Ie cardroom e only once !r 550. The )r collecting )sed on any 'd to guests imposed on entrance to 1m licensee fficials, and led in work- Jress repre- Id may also ;ensees for ensee shall whom tax- and gross , paid to the ms with the :iited to the ,-half being 3 cardroom ent for the 1e licensee he division " taxes and cardroom oath by the 3S remitted uch report dmissions, ~ f.:§.2006 GAMBLING Ch. 849 the applicant has: violated or failed to comply with the provisions of this section or any rules adopted pursuant thereto; knowingly caused, aided, abetted, or con- spired with another to cause any person to violate this section or any rules adopted pursuant thereto; or obtained a license or permit by fraud, misrepresenta- tion, or concealment; or if the holder of such license or permit is no longer eligible under this section. (b) If a pari-mutuel permitholder's pari-mutuel per- mit or license is suspended or revoked by the division pursuant to chapter 550, the division may, but is not required to, suspend or revoke such permitholder's cardroom license. If a cardroom operator's license is suspended or revoked pursuant to this section, the divi- sion may, but is not required to, suspend or revoke such licensee's pari-mutuel permit or license. (c) Notwithstanding any other provision of this sec- tion, the division may impose an administrative fine not to exceed $1,000 for each violation against any person who has violated or failed to comply with the provisions of this section or any rules adopted pursuant thereto. (15) CRIMINAL PENALTY; INJUNCTION.- (a)1. Any person who operates a cardroom with- out a valid license issued as provided in this section commits a felony of the third degree, punishable as pro- vided in s. 775.082, s. 775.083, or s. 775.084. 2. Any licensee or permitholder who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any licensee or permitholder who commits a second or subsequent violation of the same paragraph or subsection within a period of 3 years from the date of a prior conviction for a violation of such paragraph or subsection commits a felony of the third degree, pun- ishable as provided in s. 775.082, s. 775.083, or s. 775.084. (b) The division, any state attorney, the statewide prosecutor, or the Attorney General may apply for a temporary or permanent injunction restraining further violation of this section, and such injunction shall issue without bond. (16) COUNTY COMMISSION APPROV AL.- The Division of Pari-mutuel Wagering shall not issue any license under this section except upon proof in such form as the division may prescribe that a majority of the county commissioners in the county where the appli- cant for such license desires to conduct cardroom gam- ing has voted to approve such activity within the county. (17) CHANGE OF LOCATION; REFERENDUM.- (a) Notwithstanding any provisions of this section, no cardroom gaming license issued under this section shall be transferred, or reissued when such reissuance is in the n"ature of a transfer, so as to permit or authorize a licensee to change the location of the cardroom except upon proof in such form as the division may pre- scribe that a referendum election has been held: 1. If the proposed new location is within the same county as the already licensed location, in the county where the licensee desires to conduct cardroom gam- ing and that a majority of the electors voting on the question in such election voted in favor of the transfer of such license. However, the division shall transfer, without requirement of a referendum election, the card- 867 the cardroom activities for the preceding calendar month, and such other information as may be pre- scribed by the division. (d) Each greyhound and jai alai permitholder that operates a cardroom facility shall use at least 4 percent of such permitholder's cardroom monthly gross receipts to supplement greyhound purses or jai alai prize money, respectively, during the permitholder's next ensuing pari-mutuel meet. Each thoroughbred and harness horse racing permitholder that operates a cardroom facility shall use at least 50 percent of such permitholder's cardroom monthly net proceeds as fol- lows: 47 percent to supplement purses and 3 percent to supplement breeders' awards during the permithold- er's next ensuing racing meet. (e) The failure of any licensee to make payments as prescribed in paragraph (c) is a violation of this sec- tion, and the licensee may be subjected by the division to a civil penalty of up to $1,000 for each day the tax payment is not remitted. All penalties imposed and col- lected shall be deposited in the General Revenue Fund. If a licensee fails to pay penalties imposed by order of the division under this subsection, the division may suspend or revoke the license of the cardroom operator or deny issuance of any further license to the cardroom operator. (f) The cardroom shall be deemed an accessory use to a licensed pari-mutuel operation and, except as provided in chapter 550, a municipality, county, or polit- ical subdivision may not assess or collect any add i- tionallicense tax, sales tax, or excise tax on such card- room operation. (g) All of the moneys deposited in the Pari-mutuel Wagering Trust Fund, except as set forth in paragraph (h), shall be utilized and distributed in the manner spec- ified in s. 550.135(1) and (2). However, cardroom tax revenues shall be kept separate from pari-mutuel tax revenues and shall not be used for making the dis- bursement to counties provided in former s. 550.135(1 ). (h) One-quarter of the moneys deposited into the Pari-mutuel Wagering Trust Fund pursuant to para- graph (g) shall, by October 1 of each year, be distrib- uted to counties in which the card rooms are located; however, if two or more pari-mutuel racetracks are located within the same incorporated municipality, the cardroom funds shall be distributed to the municipality. If a pari-mutuel facility is situated in such a manner that it is located in more than one county, the site of the cardroom facility shall determine the location for pur- poses of disbu rsement of tax revenues under this para- graph. The division shall, by September 1 of each year, determine: the amount of taxes deposited into the Pari- mutuel Wagering Trust Fund pursuant to this section from each cardroom licensee; the location by county of each cardroom; whether the cardroom is located in the unincorporated area of the county or within an incorpo- rated municipality; and, the total amount to be distrib- uted to each eligible county and municipality. (14) SUSPENSION, REVOCATION, OR DENIAL OF LICENSE; FINE.- (a) The division may deny a license or the renewal thereof, or may suspend or revoke any license, when Ch. 849 room license of any permitholder that relocated its per- mit pursuant to s. 550.0555. 2. If the proposed new location is not within the same county as the already licensed location, in the county where the licensee desires to conduct cardroom gaming and that a majority of the electors voting on that question in each such election voted in favor of the transfer of such license. (b) The expense of each referendum held under the provisions of this subsection shall be borne by the licensee requesting the transfer. History.-s. 20, ch, 96·364; s. 26, ch. 2001-64; s, 1913, ch, 2003-261; s. 4, ch. 2003-295; s. 4, ch, 2005-288, 849.09 Lottery prohibited; exceptions.- (1) It is unlawful for any person in this state to: (a) Set up, promote, or conduct any lottery for money or for anything of value; (b) Dispose of any money or other property of any kind whatsoever by means of any lottery; (c) Conduct any lottery drawing for the distribution of a prize or prizes by lot or chance, or advertise any such lottery scheme or device in any newspaper or by circulars, posters, pamphlets, radio, telegraph, tele- phone,orotherwise; (d) Aidorassist in the setting up, promoting, or con- ductingof any lottery or lottery drawing, whether by writing, printing, or in any other manner whatsoever, or be interested in or connected in any way with any lot- tery or lottery drawing; (e) Attempt to operate, conduct, or advertise any lottery scheme or device; (f) Have in her orhis possession any lottery wheel, implement, or device whatsoever for conducting any lottery or scheme for the disposal by lot or chance of anything of value; (g) Sell, offer for sale, or transmit, in person or by mail or in any other manner whatsoever, any lottery ticket, coupon, or share, or any share in or fractional part of any lottery ticket,' coupon, or share, whether such ticket, coupon, or share represents an interest in a live lottery not yet played or whether it represents, or has represented, an interest in a lottery that has already been played; (h) Have in her or his possession any lottery ticket, or any evidence of any share or right in any lottery ticket, or in any lottery scheme or device, whether such ticket or evidence of share or right represents an inter- est in a live lottery not yet played or whether it repre- sents, or has represented, an interest in a lottery that has already been played; (i) Aid or assist in the sale, disposal, or procure- ment of any lottery ticket, coupon, or share, or any right to any drawing in a lottery; or ü) Have in her or his possession any lottery adver- tisement, circular, poster, or pamphlet, or any list or schedule of any lottery prizes, gifts, or drawings. (k) Have in her or his possession any so-called "run down sheets," tally sheets, or other papers, records, instruments, or paraphernalia designed for use, either directly or indirectly, in, or in connection with, the viola- tion of the laws of this state prohibiting lotteries and gambling. GAMBLING Provided, that nothing in this section shall prohibit par~ ticipation in any natio~ally advertised cont~st, drawing, game or puzzle of skill or chance for a prize or prizes unless it can be construed as a lottery under this sec- tion; and, provided further, that this exemption for national contests shall not apply to any such contest based upon the outcome or results of any horserace harness race, dograce, or jai alai game. ' (2) Any person who is convicted of violating any of the provisions of paragraph (a), paragraph (b), para- graph (c), or paragraph (d) of subsection (1) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. ' (3) Any person who is convicted of violating any of the provisions of paragraph (e), paragraph (f), para- graph (g), paragraph (i), or paragraph (k) of subsection (1) is guilty of a misdemeanor of the first degree, pun~ ishable as provided in s. 775.082 or s. 775.083. Any person who, having been convicted of violating any provision thereof, thereafter violates any provision thereof is guilty of a felony of the third degree, punish- able as provided in s. 775.082, s. 775.083, or s. 775.084. The provisions of this section do not apply to bingo as provided for in s. 849.0931. (4) Any person who is convicted of violating any of the provisions of paragraph (h) or paragraph (j) of sub- section (1) is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who, having been convicted of violating any provision thereof, thereafter violates any provision thereof is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s: 775.084. History.-s. 1, ch, 4373,1895; GS 3582; RGS 5509; CGL 7667; s. 1. ch. 26765, 1951; s. 1, ch. 67-72; s, 1, ch. 67-435; SS. 1,2, ch. 69-91; s, 1064, ch. 71·136; s, 168, ch. 83-216; s. 4, ch. 91·206; SS. 4,6, ch. 92-280; s. 1, ch, 93-160; s. 1359, ch, 97-102. 849.091 Chain letters, pyramid clubs, etc., declared a lottery; prohibited; penalties.- (1) The organization of any chain letter club, pyra- mid club, or other group organized or brought together under any plan or device whereby fees or dues or any~ thing of material value to be paid or given by members thereof are to be paid or given to any other member thereof, which plan or device includes any provision. for the increase in such membership through a chain proc- ess of new members securing other new members and thereby advancing themselves in the group to a posi~ tion where such members in turn receive fees, dues, or things of material value from other members, is hereby declared to be a lottery, and whoever shall participate in any such lottery by becoming a member of, or affiliat- ing with, any such group or organization or who shall solicit any person for membership or affiliation in any such group or organization commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. (2) A "pyramid sales scheme," which is any sales or marketing plan or operation whereby a person pays a consideration of any kind, or makes an investment of any kind, in excess of $100 and acquires the opport~· nity to receive a benefit or thing of value which is not pri- marily contingent on the volume or quantity of goods, 868 Edward W. Becht, P.A. ATTORNEY A T LAW Post Office Box 2746 (34954) 321 South Second Street (34950) Fort Pierce, Florida Telephone: 772-465-5500 Fax: 772-465-8909 edbecht@bechtlaw.com April 27, 2007 Honorable Chris Craft Chairman, Board of County Commissioners S1. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Florida Gaming Centers, Inc. Dear Commissioner Craft: As I have previously informed you, I represent Florida Gaming Centers, Inc. We have made inquiries with the County Attorney regarding the process for applying to the Board of County Commissioners for permission to operate a cardroom in St. Lucie County, Florida. He has advised me that this letter can start the process. Per Section 849.086(16), Florida Statutes, the County Commission has the authority to grant my client permission to conduct cardroom gaming at its facility at 1750 Kings Highway, Fort Pierce, Florida. There are currently cardroom operations in both Brevard County and Palm Beach County. Based on our research, many S1. Lucie County residents are taking their dollars outside ofS1. Lucie County to Brevard and Palm Beach to engage in what has become a recreational, if not social, activity. The cardroom operation, if approved by the Board of County Commissioners, would also need to be licensed by the State. Once licensed by the State my client would be required by State law to report its cardroom operation revenues to the State. In the fiscal year 2005-2006, the Brevard County cardroom operation generated gross revenues of$3,831 ,718.00 and the cardroom operation in Palm Beach County generated $7,572,929.00 in gross revenues. Based on the figures reported by those operations for the 2006-2007 fiscal year to date, we expect that we will fall somewhere in the range of $4.5 to $5 million in gross revenues. My client's facility in St. Lucie County consists of a parcel approximately 34.6 acres in size, with a main building situated on it which is approximately 79,321 square feet. My client holds licenses in S1. Lucie County for its Pari-mutual activities, and also holds a Pari-mutual license in Miami-Dade County. They also are and have been operating a cardroom in Miami -Dade County for three years. They are experienced cardroom operators. What my client proposes to do is to take approximately 4,000 square feet of its existing 79,321 square feet building and convert it from a mezzanine open area into a cardroom operation. Initially we contemplate establishing 22 tables for this operation. We expect to hire an additional 26 employees as dealers, and we will need to hire an additional 6 employees to support the cardroom operation as managers and supervisors. Additionally, we will be operating the jai-alai operation year round rather than seasonal which will result in our need to hire additional permanent employees. We expect, based on our experience, that once we are up and running at full capacity, the direct payroll attributable to the cardroom activities will be at least $800,000.00 per year. We have been here over thirty years and committed to the area, and we are not asking for any tax breaks or economic incentives from the County; only permission to operate the cardroom at this existing facility. I would appreciate you scheduling this on a Board of County Commissioner's Agenda in the near future so that I may make a presentation in support of this request. I have enclosed with this letter a proposed ordinance which I would appreciate you routing through Attorney McIntyre's office to see ifit meets with his approval. I have also enclosed with this letter a report prepared by Culpepper & Terpening which details the expected, de minimus impacts of this operation on Kings Highway. Thank you for your anticipated courtesies. Ve? trulY... yours)J"11 /.... ( I I ( Z c4;~~ W Edward W. Becht EWB/clc cc: Mr. W. Bennett Collett Session :Bills : : flsenate.gov Senate Bill sbü752er CODING: Words !5tricko'l are deletions; words UodeLlioed are additions. ENROLLED 2007 Legislature CS for CS for CS for SB 752 & CS for SB 1192, 2nd Engrossed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 An act relating to cardrooms; amending s. 849,QS(¡, F. S .; def ining the term "tournament"; revising license fees; revising hours of operation; authorizing the award of certain prizes; revising betting limits; authorizing tournaments; providing tournament requirements; providing an appropriation and authorizing additional positions; providing an effective date. Be It Enacted by the Legislature of the State of Florida: section 1. Paragraph (1) is added to subsection (2) of section 849,Q8~, Florida Statutes, paragraph (d) of subsection (5), subsections (7) and (8), paragraph (h) of subsection (13), and subsection (16) of that section are amended, to 18 read: 19 20 21 849.0a(¡ Cardrooms authorized.-- (2) DEFINITIONS.--As used in this section: "Tournament" means 22 more than ()J:leþettiJ:lg!::()uncLinY0:Lyirlg one or moretaþles and 23 (5) LICENSE REQUIRED; APPLICATION; FEES.--No person 24 Page 1 of8 http://www.flsenate.gov/cgi-bin/view-page.pI?File=sb0752er.htmI&Directory=session/2 0... 5/11/2007 Session :Bills : : flsenate.gov Page 2 of8 25 may operate a cardroom in this state unless such person holds 26 a valid cardroom license issued pursuant to this section. 27 (d) The annual cardroom license fee for each facility 28 shall be $1,000 for tR~ fir£t t~~lg ~Rg ~8ºº f9r each 29 Aggiti~R21 table to be operated at the cardroom. The ~ 30 license fee shall be deposited by the division with the Chief 31 1 CODING: Words £trigk.m are deletions; words underlined are additions. ENROLLED 2007 Legislature CS for CS for CS for SB 752 & CS for SB 1192, 2nd Engrossed 1 Financial Officer to the credit of the Pari-mutuel Wagering 2 Trust Fund. 3 (7) CONDITIONS FOR OPERATING A CARDROOM.-- 4 (a) A cardroom may be operated only at the location 5 specified on the cardroom license issued by the division, and 6 such location may only be the location at which the 7 pari-mutuel permitholder is authorized to conduct pari-mutuel 8 wagering activities pursuant to such permitholder's valid 9 pari-mutuel permit or as otherwise authorized by law. 10 (b) Þl.I1Yl1orsEòraCE:,g:¡:-eYl1011I1<i,, :¡:-ace,or ta,iªla,i 11 PEòrll1 it:l1()l<iEò:¡:-lice:.I1? e:<i1.lIl<ie:rthts. .?EòC: tigrlrnªY ,,()pe:¡:- at E:, '" a 12 c.ar<ir()()ln ,a,t: tl1epa,rj-..n11.lt: llel faci:!,ity onarlY" da,y" fgr: a 13 cumulative amount 12 hours if the permitholder meetu tJ1e 14 par:ªgraph", ( 7\ g2rgrQQm m2~r }Q~ 15 9p\U2til9 At tRia fAgi1it:z' 9);1.1:,' "ßlaR tag f2gilit~/ ÍI;, :ë1"tRQri¡;¡:gg 16 to 2Ç1Gliipt "'!1Jiir¡¡: OR p!1ri ¡.F,t'Jill iI"'iìRt¡;: shri);1.g it>:: :iI"tJ;;¡ori~¡;¡à http://www.flsenate.gov/cgi-bin/viewyage.pI?File=sb0752er.htmI&Directory=session/20 ... 5/11/2007 Session :Bills : : flsenate.gov Page 3 of8 17 mg¡¡t Þ c:;¡nàH?Om RDj' gp..r:;¡t¡¡ :9...t"9¡¡1'< tA9 1:1Q"rG of 13 nom;:]. :;¡ng 18 1:2 mignig1:1t on :;¡RY 9:;¡-:" :;¡ p:;¡ri m"tu..l ¡¡HgRt if) gQR9'lgt~ª- lim¡¡ 19 4iG:;¡ p:;¡rt 9f it¡;: :;>"tl;a9d iZ'ig mg\it :W9"''iH'ir, :;> p~rmjth91Ç1'H' "10.0 20 1o.QlgG;;¡ H;:¡lil<l g;:¡rgrggm liç<¡¡¡R¡¡;¡1< m;;¡::, Qpgr;;¡tg ;;¡ ç:ilrgrçgm agt"9l1n 21 t1:1g Rg"':t"'g gf l::J JýlgQR ;;1R9 D migRiJRt QR LlR~" g:;¡y tR:ilt Ii"... 22 r~ch.g ",f t1o.9 £:;¡1+Iii C'l:A~¡;: of p¡¡rmit if: gç:ç:nrriRg \"·'i th.i~ :ìá 23 mil¡¡¡¡;¡ 9f it", f:;¡9ilit~' if RQ 9t1:1gr Rolggr ",f t1o.:;¡t ¡;:L1~9 cl::;l.liJ¡;) gf 24 p..rmit '·'it1:1in :¡¡¡ mil,;?&' lli1 çp~r;:¡tinJ :;¡ ..:;¡rgr091i1 ;;11;:. 1i1''';:R tjm.. 25 ;;¡Rg if 211 ];;¡<,~lg9H) Qf tRIO ¡;;;am.. gl:;¡¡¡;¡G gf pgrmit "it1o.iR t1:1.. 26 :¡¡¡¡ mil.. ;;1rg;;¡ R2H9 giHgR tR9ir pgrmi¡;¡¡¡;¡ign iR ':ritibò'!j tQ t1:1'ii 27 p¡¡rmit1:1g1ggr to ºFgr:;¡t" t1:1¡¡ c:;¡rgroom gvribòg t1:1¡¡ g¡¡¡;:ign:;¡t¡¡g 28 pgrigg Þppli9:;¡tion to op~r:;¡t9 :iI g:;¡rgrgom Ubòggr tRi¡;: p:;¡r:Agr;;¡ph 29 m"¡¡;¡t 12g m:;¡gg to t'Rg giHi¡¡;¡igbò 2¡;) p2rt ?Í t];;¡¡¡ :;¡Rbò1.a:ill liggbò¡;)¡¡ 30 :¡¡ppli..:¡¡ti9n 31 2 CODING: Words ¡¡;¡trig].gn are deletions; words underlined are additions. ENROLLED 2007 Legislature CS for CS for CS for SB 752 & CS for SB 1192, 2nd Engrossed 1 (c) A cardroom operator must at all times employ and 2 provide a nonplaying dealer for each table on which authorized 3 card games which traditionally 1.1:3E: "tili7,. a dealer are 4 conducted at the cardroom. Such dealers may not have a ~ 5 participatory interest in any game other than the dealing of 6 cards and may not have an interest in the outcome of the game. 7 The providing of such dealers by a licensee does ~ not 8 constitute ~íi (;Qn~trn~g ;;¡¡;: çgR¡;;:tit"ting the conducting of a http://www.flsenate.gov/cgi_bin/viewyage.pI?FiIe=sb0752er.htmI&Directory=session/20 ... 5/11/2007 Session :Bills : : flsenate.gov Page 4 of 8 9 banking game by the cardroom operator. 10 (<:1) A.c::ard r oOITl 9PEòlêªtgf'_11lªY__ª ,^,ª!'<:1 gt:v~ ª,^,ªY~J jªc:J<:PQt:f3., 11 and prizes to a who holds certain combinations of cards 12 ~pe c iU ~<:1 )Jytlle cªrdroorn QP~rªt:ºr . 13 (e)~ Each cardroom operator shall conspicuously post 14 upon the premises of the cardroom a notice which contains a 15 copy of the cardroom license; a list of authorized games 16 offered by the cardroom; the wagering limits imposed by the 17 house, if any; any additional house rules regarding operation 18 of the cardroom or the playing of any game; and all costs to 19 players to participate, including any rake by the house. In 20 addition, each cardroom operator shall post at each table a 21 notice of the minimum and maximum bets authorized at such 22 table and the fee for participation in the game conducted. 23 Lf)~ The cardroom facility is ¡¡¡RAil J;.Q subject to 24 inspection by the division or any law enforcement agency 25 during the licensee's regular business hours. The inspection 26 11lÿst: ~ specifically in,c:lude ¡¡¡;;j.ggmj?A¡;;¡;; the permitholder 27 internal control procedures approved by the division. 28 (g)~ A cardroom operator may refuse entry to or 29 refuse to allow to pli:' any person who is objectionable, 30 undesirable, or disruptive to play~ but such refusal may ~ 31 not be on the basis of race, creed, color, religion, gendBr 3 CODING: Words gtrigkQR are deletions; words underlined are additions. ENROLLED 2007 Legislature CS for CS for CS for SB 752 & CS for BB 1192, 2nd Engrossed http://www.flsenate.gov/cgi-bin/view-page.pI?File=sb0752er.htmI&Directory=session/20 ... 5/11/2007 Session :Bills : : flsenate.gov Page 5 of 8 1 ~, national origin, marital status, physical handicap, or 2 age, except as provided in this section. 3 4 (8) METHOD OF WAGERS¡ LIMITATION.-- (a) No wagering may be conducted using money or other 5 negotiable currency. Games may only be played utilizing a 6 wagering system whereby all players' money is first converted 7 by the house to tokens or chips which shall be used for 8 wagering only at that specific cardroom. 9 (b) The cardroom operator may limit the amount wagered 10 in any game or series of games, but the maximum bet may not 11 exceed $5 ~ in value. There may not be more than three raises 12 in any round of betting. The fee charged by the cardroom for 13 participation in the game shall not be included in the 14 calculation of the limitation on the bet amount provided in 15 this paragraph. .!:I9""e;\T¡er, a cª:t:"cì:t:"ºC?mgpe:t::ªtgrnlªycgI1cìllc;t garnes 16 otIe;:x;ªs.!{<Jlcì::¡ern without a be;t:t:tng ..linlititthe;m:regllt:t::ecì 17 player þuy- than $100. 18 games, 19 'I'llEòent :t::y.. ..te;e;mf<J:t::ªmt:<J1l:CT1a me; I1t: '.... .... ~TlC;lllcì iTl g......aI1y rEO -ÞllY s! 20 e:x;c;e;e;cìthe; ..maxirnurnªmOllTlt:t:Ìlªt. c01l1cì .. þe""agered . by.. a 21 participant liJcekiI1d, non tournament games under 22 paragraph (b). Tournaments may be played only with tournament 23 c:::hips that are Pr:9yiciedtg all par't:icipaI1t¡:;inexc;l1aTlge;for.. an 24 e;Tltry ~ e;EòªI1cìªl1Y...§llÞ§e;glleI1t:. re::ÞllY§' .1':11 . p.lªyE:X'EJ......mllEJ t:X'EòCE:i ye 2 5ªI1.... E':.9:llalI111rnÞEòr:9ft:<JllX'Tlªrne;I1t:. chips ..... for t: he;~r .e;Tlt:ryfe;e;. 26 T<Jllrl1ameI1tchipsl1ªyeno cash value and represent: tournament 27 points only. TherEò is ion on the number of 28 29 otherwise cìeter:miTledþy .the cardroom ope;rªtor.Tollrnament 30 chipsrnªy never be redeemed for cash ():t'" for any other thing of http://www.flsenate.gov/cgi-bin/viewyage.pl ?File=sb07 52er .html&Directory=session/20... 5/11/2007 Session :Bills : : flsenate.gov Page 6 of 8 31 value. The distribution of prizes and cash awards must be 4 CODING: Words Qtriçk~n are deletions¡ words underlined are additions. ENROLLED 2007 Legislature CS for CS for CS for SB 752 & CS for SB 1192, 2nd Engrossed 1 <:leter:I1:lirl~dbythE::ci'\r:<:lr:oomoPE:rat()r fees are 2 açc;~ptEòd.F()r p'Llrp()se§ of tournament play only, the term 3 "gr()_:;:;§r:ecEò:iPt;S"InEòaIls the t;ot:i'\tët1llount:receiv¡o;d ,by the 4 cardroom operator fees, player re:-buys, and fee::, 5 participating the tournament less the total amount paid 6 7 (13) TAXES AND OTHER PAYMENTS.-- 8 (h) One-quarter of the moneys deposited into the 9 Pari-mutuel Wagering Trust Fund pursuant to paragraph (g) 10 shall, by October 1 of each year, be distributed to the 11 16) 12 9º,,¡;;¡ti..~ i¡;;¡ "}':Ü9!>l t);;¡Q g~n:g:n?Qm¡¡¡ 2);'.. lçg:;¡tiiQ¡ however, if two 13 or more pari-mutuel racetracks are located within the same 14 incorporated municipality, the cardroom funds shall be 15 distributed to the municipality. If a pari-mutuel facility is 16 situated in such a manner that it is located in more than one 17 county, the site of the cardroom facility shall determine the 18 location for purposes of disbursement of tax revenues under 19 this paragraph. The division shall, by September 1 of each 20 year, determine: the amount of taxes deposited into the 21 Pari-mutuel Wagering Trust Fund pursuant to this section from 22 each cardroom licensee¡ the location by county of each http://www.flsenate.gov/cgi-bin/viewyage.pI?FiIe=sb0752er.htmI&Directory=session/20 ... 5/11/2007 Session :Bills : : flsenate.gov Page 70f8 23 cardroom; whether the cardroom is located in the 24 unincorporated area of the county or within an incorporated 25 municipality; and, the total amount to be distributed to each 26 eligible county and municipality. 27 ( 16 ) LOCAL GOVERNMENT CQrJNTY CQÞ4Þ1I ~ ~ IQ}T APPROVAL. - - The 28 Division of Pari-mutuel Wagering shall not issue any 29 license under this section except upon proof in such form as 30 the division may prescribe that the local government wher-e the 31 a,ppl içaIlt: mf()r....~:iucllliçr:::rl§r:::. ..èlr:::sitr:::.st(). ç()nèluçt: ...ça,rèlrggm. ga,miIlg 5 CODING: Words ii.::triç:]ç~ti are deletions; words uIldE:'rliIled are additions. ENROLLED 2007 Legislature CS for CS for CS for SE 752 & CS for SE 1192, 2nd Engrossed 1 has voted to approve such activity by a majority vote 2g()'lE:' :rniIl9b()èlY. 0 t t:.Ì1ern1,ll"l~C ~pali ty 0 r t::Ì1r:::.....gg'l E'J:IliIlg}:)gèlY 0 f 3 · 4 m.2jºrit:~/ gÉ t:Rg ~g"Rt::)' gºT~rmi¡;:~i2JŸlgr~ i:r>a. tÞJ.'J ~º"Rty· T7lx19r9 tRii 5 ;¡¡pplig:;;¡¡xlt for ii.::"ç:h ligij:a¡;zg gQ¡;:ir'iiil¡;Z to 9'2RQ"9t g:¡¡rQr'2gJR g::;¡miRg 6 11.::..: "at..ª- tg ::;¡pprg"g £"<J11. ::;¡cti"it:' ·'·it11.iR t11.g g'21.lnty. 7 Section 2. 7 8 9 sa,Ja,r:y rate area1,lt:h()ti'Zed, and the sums of $:2.3°,72:2 10 r:eÇ1,lŒiIlgf1,lIlCl§aIlCl$48,4011.JIlmIl()IlJ:r:::Ç1,ltrJIl9 funds are 11 apPJ:opriatedfro!ll the Pari__mutuel WageJ:·ing of 12 13 Pllrp()s í? 9 f ÇêlrEyJIlg ies related 14 Section 3. This act shall take effect July 1, 2007. http://www.flsenate.gov/cgi-bin/view-page.pI?FiIe=sb0752er.htmI&Directory=session/20 ... 5/11/2007 Session :Bills : : flsenate.gov Page 8 of 8 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 CODING: Words ~trig],9R are deletions¡ words underlined are additions. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright © 2000-2006 State of Florida. http://www.flsenate.gov/cgi-bin/viewyage.pl ?FiIe=sb07 52er.html&Directory=session/20... 5/11/2007 Agenda Request Item Number Date: 5{1~ 06/05/2007 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X ] Quasi-JD [ X] To: Submitted By: Board of County Commissioners Growth Management Presented By ~f Bob Nix, AICP Growth anagement Director Petition of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. for a Change in Zoning from IL (Industrial, Light) Zoning District to PUD (Planned Unit Development) Zoning District and Preliminary PUD Plan for property located on the north side of Metzger Road, South of Avenue M, West of Angle Road and East of Canal Number 29 for the project to be known as The Preserve. Draft Resolution No 07-045 The petitioners, Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. requested a Change in Zoning from the IL (Industrial Light) Zoning District to the PUD (Planned Unit Development) The Preserve Zoning District and have the Preliminary Planned Development Site Plan Approval for the project to be known as The Preserve. The Preliminary Plan has 945 dwelling units including 420 condominiums, 473 town homes, and 52 one-bedroom apartments that are located on the 6 mixed use buildings along Metzger Road. The Townhomes' design have alleyway vehicle access. There are two 60' roadways that would become public roads with on street parking in order to meet parking code. There are recreational, upland/wetland preserve and landscaped common areas. N/A On September 21, 2006 the Planning and Zoning Commission voted 6-0 to forward a recommendation of denial of this application to the Board of County Commissioners because they believe that the density is too high and they do not approve of the concept of on-street parking. On October 17, 2006 the Board of County Commissioners heard comments concerning upland preserve acreage, right-of-way dedication of Avenue M and the current position of Fort Pierce; then continued the public hearing to November 14, 2006. On November 14, 2006 the Board of County Commissioners heard comments, then continued the public hearing to December 19, 2006. On December 19, 2006 the Board of County Commissioners continued the public hearing to March 20, 2007, at the petitioner's request. On March 20, 2007 the Board of County Commissioners continued the public hearing to June 5, 2007. RECOMMENDATION: Staff recommends that the Board of County Commissioners continue the public hearing on this item to a date uncertain per the petitioner's request or to deny this petition. ~ COMMISSION ACTION: L.:.-=.J APPROVED D DENIED c:=J OTHER SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: :i Coordination! Signatures Mgt. & Budget: Purchasing: t:N(;. '6 ~l'..l Approved 3-2 Comm. Lewis and C _Junty Attorney Voting No. Motion tr:"de continue for 90 days/September 4 200 6: 00 P.m. or as s~n 7 at thereafter as POSsible. JJ Partnership 3413 Olandwood Court, Suite 203 Olney, Maryland 20832 (301) 924-4422 Via email and U.S. Mail May 17,2007 Bob Nix, Director Growth Management 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Re: The Preserve Dear Bob: Our Application for Preliminary Plan Approval is currently scheduled to be heard at the June 5th public hearing. However, due to circumstances beyond our control, including the current difficult times facing the housing sector, we are currently in the process of evaluating our time-line in connection with proceeding with the further development of the Preserve. I have discussed this matter with Dan McIntyre, the County Attorney, and based upon that discussion my partner and I have determined the best course of action at this time is to ask you and the other Commissioners to continue our Application for Preliminary 'Plan Approval to a date uncertain. Kindly consider this our formal request for a continuance to a date uncertain. I expect that in the upcoming months my partner and I will be back with you and your staff to resume and complete the Preliminary Plan Approval process. When we are ready to proceed forward we will notify Growth Management and at that time we will ask you to re-advertise. . Larry Synkowski . Mark Mathes J ohnathan Ferguson, Esquire Commission Review - June 5, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: FROM: Board of County Commissioners Larry Szynkowski, AICP, Senior Planner DATE: May 14, 2007 SUBJECT: Request of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. for a Change in Zoning from an IL (Industrial Light) Zoning District to a PUD (Planned Unit Development) Zoning District and for Preliminary Planned Unit Development approval for the project known as The Preserve. The petitioners, Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC, are requesting to continue the public hearing on this item to a date uncertain. The petitioners, Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC, are seeking approval for a Change in Zoning from the IL (Industrial Light) Zoning District to the PUD (Planned Unit Development) Zoning District for the 945-unit, Condominium, Townhome and Apartment residential development to be known as The Preserve PUD. The Preserve development is located on a 75.08-acre parcel of land located on the west side of Angle Road and north of Metzger Road. The Planning and Zoning Minutes and the Board of County Commissioners Package of October 17, 2006 are attached for your consideration, since no resubmittals have been received since October 2006. There is a March 7, 2007 letter from the School Board of St. Lucie County. That board determined that a pedestrian bridge from the west side of the project to Westwood High School would be a safe route for students who would live in the development. At the Board of County Commissioners Meeting of October 17,2006 the Engineering Division required a 35 foot right-of-way for Avenue M, while the applicant had offered to dedicate 25 feet of right-of-way. The Upland Preserve acreage that is required was discussed. The Environmental Resources Department required a Tree Survey before any approval of the Preliminary PUD Plan. The applicant had requested a continuance to December 19, 2006, On December 19,2006 the applicant had requested a continuance to March 2007. The Board of County Commissioners granted a continuance to March 20, 2007 with the requirements that the petitioner meet with the County Engineer and to provide a Tree Survey. On March 20, 2007 the applicant had requested a continuance to June 5,2007. The staff had also requested that a consultant comment on the Traffic Impact Report submitted by the applicant. These comments from the consultant were sent to the applicant for further response that has not been received. June 5, 2007 Page 2 Subject: The Preserve File Number: RZ 06-001, PUD 06-001 RECOMMENDATION: Staff is recommending that this petition be continued to a date uncertain, as requested by the applicant, or denied due to lack of compliance by the applicant with requirements set by this Board. Please contact this office if you have any questions. SUBMITTED: 77Jlif Bob Nix, AICP Growth Management Director cc: Mark Mathes, Lucido & Associates Jan Stewart County Attorney File Î' D~Y./ \ :,~...:....lC Excellence in Educatìon l~n5~~~t The School Board of St. Lucie County St: Lù.cie CO\J.ntý 4204 Okeechobee Road pù.bhc Schools Fort Pierce, Florida 34947 · (772) 429-3600 Board Members Dr, John Carvelli, Chairman Carol A Hilson, Vice Chairman Kathryn Hensley Troy Ingersoll Dr Judl Miller Superintendent Michael J Lannon \!larch 7, 2007 Lawrence Szynkowski, Senior Planner Growth Management Department 2300 Virginia Ave Fort Pierce, FL 34982 RE: The Preserve Pedestrian Bridge to Fort Pierce Westwood High School Dear Mr. Szynkowski: The School Board has detennined that a pedestrian bridge on the western side! of The Preserve project at Avenue K would provide a safe route to school for the student ~opulatjon of the development as well as reduce traffic on local roads. The bridge would need toì!be outfitted with a gate and a locking mechanism to control traftìc after school hours. If you should have any questions, please fee] tree to give me a call at your convenience in my office (772) 429-3642. DCA l:\M'r L),;...'tIIl\t·m~'.(ÍI'~ f.11<¡ al'SI I u~i';('''\~III.~·'.~I¡': P1:~,' !l..-..u W\I'1'\:~H-(" t'nIUnlfl!\' Lt11H 1.7-1flui,lltl\: ql'~"'I"'EII/1" 0... -:'" SEAL OF l o BEST 'C'I æ FINANCIAL ~ ~ MANAGEMENT .§ ,.. PRACTICES '.. ACCREDITED SYSTEM-WIDE BYTHE SOUTHERN ASSOCIATION OF COLLEGESAND SCHOOLS Tile ScllOol Board of Sf Lucie County IS an Equal Opportumty Agency Agenda Request Item Number Date: 5D 03/20/2007 Consent Regular Public Hearing Leg. [ ] [ ] ( ] [X ] Quasi-JD [ X] To: Submitted By: Board of County Commissioners Growth Management Presented By f,/--ß Bob Nix, AICP Growth Management Director SUBJECT: Petition of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. for a Change in Zoning from IL (Industrial, Light) Zoning District to PUD (Planned Unit Development) Zoning District and Preliminary PUD Plan for property located on the north side of Metzger Road, South of Avenue M, West of Angle Road and East of Canal Number 29 for the project to be known as The Preserve. Draft Resolution No 07-045 The petitioners, Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. requested a Change in Zoning from the IL (Industrial Light) Zoning District to the PUD (Planned Unit Development) The Preserve Zoning District and have the Preliminary Planned Development Site Plan Approval for the project to be known as The Preserve. The Preliminary Plan has 945 dwelling units including 420 condominiums, 473 town homes, and 52 one-bedroom apartments that are located on the 6 mixed use buildings along Metzger Road. The Townhomes' design have alleyway vehicle access. There are two 60' roadways that would become public roads with on street parking in order to meet parking code. There are recreational, uplandlwetland preserve and landscaped common areas. N/A BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: On September 21,2006 the ~Ianning and Zoning Commission voted 6-0 to forward a recommendation of denial of this application to the Board of County Commissioners because they believe that the density is too h.igh and they do not approve of the concept of on-street parking. On October 17, 2006 the Board of County Commissioners heard comments concerning upland preserve acreage, right-of-way dedication of Avenue M and the current position of Fort Pierce, then continued the public hearing to November 14, 2006. On November 14,i 2006 the Board of County Commissioners heard comments, then continued the public hearing to December 19, 2006. On December 19, 2006 the Board of County Commissioners continued the public hearing to March 20, 2007, at the petitioner's req.uest. Staff recommends that the Board of County Commissioners continue the public hearing on this item to the June 6, 2007 Board meeting at 6:00 p.m., or as soon thereafter as the item may be heard, per the petitioner's request. CONCURRENCE: RECOMMENDATION: COMMISSION ACTION: c=J APPROVED r=J DENIED c=J OTHER Douglas M. Anderson County Administrator Co,"" Attorney --i1;1' Originating Dept.: Finance: Coordinationl Signatures Mgt. & Budget: i Environ. Res. Division: ~ Road & J!rid~ £ivision ,'" P~~PIe¡.iþ (. MVI' Purchasing: Other: 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 RESOLUTION 07-045 File Number: PUD06-001, RZ 06-001 A RESOLUTION DENYING REZONING FROM INDUSTRIAL, LIGHT TO PLANNED UNIT DEVELOPMENT AND APPROVAL OF A PRELIMINARY PLAN FOR A PROJECT KNOWN AS THE PRESERVE PUD. 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. Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., presented a petition for a Preliminary Planned Unit Development Plan for 974-unit residential subdivision (744 Condominiums, 230 townhouse units on a 75.0B-acre, 4 Parcel area) project to be known as The Preserve· PUD. 2. September 21, 2006 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On October 17, 2006 this Board held a public hearing on the petition of Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., for Preliminary Planned Unit Development approval for the project known as The Preserve PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. This Board heard comments re the amounts of upland preserve acreage and right-of-way dedication of Avenue M, and the position of the City of Fort Pierce, then continued the public hearing to November 14, 2006. 4. On November 14, 2006 this Board held a public hearing on the petition of Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., for Preliminary Planned Unit Development approval for the project known as The Preserve PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. The Board of County Commissioners heard comments, then continued the public hearing to December 19, 2006. On December 19, 2006 the Board of County Commissioners continued the public hearing to March 20, 2007, at the petitioner's request. On March 20, 2007 the Board of County Commissioners continued the public hearing to June 5, 2007, at the petitioner's request. 5. On June 5, 2007 this Board held a public hearing on the petition of Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., for Preliminary Planned Unit Development approval for the project known as The Preserve PUD. 6. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it does not meet all technical June 5, 2007 Page 1 of 6 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 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 requirements and to be inconsistent with the future land use maps of the St. Lucie County Comprehensive Plan. 7. The proposed project is inconsistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 8. The proposed project would have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. SITE PLAN 9. Some steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening, but they are insufficient. 10. 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. 11. The proposed project will be served by adequate public facilities and services. 12. The applicant has not demonstrated that evacuation facilities and emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Planned Unit Development Plan for the project to be known as The Preserve PUD, and is hereby, denied as shown on the site plan drawings for the project prepared by Lucido & Associates on August 17, last revised on October 2,2006, and date stamped received by the St. Lucie County Growth Management Department on October 2, 2006. B. The property on which this site plan approval is being denied is described below. PARCEL 1 COMMENCING AT THE SW CORNER OF THE NW 1/4 OF THE SE 1/4 OF SECTION 6-35-40, THENCE RUN NORTH 89 DEGREES 45' 53" WEST, 55 FEET TO THE POINT OF BEGINNING, FROM SAID POINT OF BEGINNING RUN NORTH 00 DEGREES 06' 24" EAST, A DISTANCE OF 1330.37 FEET TO A POINT, THENCE RUN SOUTH 89 DEGREES 32' 30" EAST, 696.14 FEET TO A POINT, THENCE RUN SOUTH 00 DEGREES 00' 53" WEST, 314.36 FEET, TO A POINT, THENCE RUN NORTH 89 DEGREES 55' 30" EAST, 576.44 FEET TO A POINT, THENCE RUN SOUTH 00 DEGREES 04' 30" June 5, 2007 Page 2 of 6 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 1 WEST, 1016.43 FEET TO A POINT, THENCE RUN NORTH 89 DEGREES 45' 2 53" WEST, 1273.62 FEET TO POINT OF BEGINNING. 3 4 PARCEL 2 5 6 THE NE 1/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 6-35-40, ST. LUCIE 7 COUNTY, FLORIDA, LESS THE SOUTH 200 FEET THEREOF. 8 9 10 11 PARCEL 3 12 13 THAT PART OF THE SE 1/4 OF THE 1/4 OF SECTION 6-35-40 DESCRIBED 14 AS: BEGINNING AT THE NORTHWEST CORNER OF THE SE 1/4 OF THE SE 15 1/4 OF SAID SECTION 6; THENCE SOUTH 89 DEGREES 45' 53" EAST, 16 ALONG THE NORTH LINE OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 17 6, 664.31 FEET, THENCE SOUTH 00 DEGREES 03' 33" WEST, 355.36 FEET; 18 THENCE SOUTH 89 DEGREES 45' 53" EAST, 14.11 FEET TO THE 19 NORTHWEST CORNER OF LANDS DESCRIBED IN OFFICIAL RECORD 20 BOOK 166, PAGE 540, THENCE SOUTH 00 DEGREES 00' 33" WEST, 293.01 21 FEET TO THE NORTH LINE OF THAT CERTAIN EASEMENT DESCRIBED IN 22 DEED BOOK 253, PAGE 480, THENCE NORTH 89 DEGREES 59' 15" WEST, 23 80.51 FEET TO THE NORTHWEST CORNER OF SAID EASEMENT, THENCE 24 SOUTH 00 DEGREES 02' 35" WEST, 630.00 FEET TO THE NORTH RIGHT- 25 OF-WAY LINE OF METZGER ROAD; THENCE NORTH 89 DEGREES 59' 15" 26 WEST, 374.33 FEET TO THE EAST LINE OF LANDS DESCRIBED IN DEED 27 BOOK 145, PAGE 391; THENCE NORTH 00 DEGREES 04' 30" EAST, 180.00 28 FEET TO THE NORTHEAST CORNER OF LANDS DESCRIBED IN DEED 29 BOOK 145, PAGE 391, THENCE NORTH 89 DEGREES 59' 15" WEST, 210.00 30 FEET TO THE WEST LINE OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 31 6, THENCE NORTH 00 DEGREES 04' 30" EAST, 1090.42 FEET TO THE 32 POINTOF BEGINNING. 33 34 PARCEL 4 35 36 THE SW 1/4 OF THE SW 1/4 OF THE SE 1/4 AND THE NW 1/4 OF THE SW 37 1/4 OF THE SE 1/4 OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 40 EAST, 38 ST. LUCIE COUNTY, FLORIDA. 39 40 LESS AND EXCEPTING THEREFROM: Al 42 BEING A PARCEL OF LAND LYING AND BEING IN THE NORTHWEST 1/4 43 OF THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 35 SOUTH, RANGE 40 44 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY 45 DESCRIBED AS FOLLOWS: 46 47 COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF 48 THE SOUTHEAST 1/4 OF SAID SECTION 6; THENCE RUN S 00 DEGREES 49 03' 25" E, (AN ASSUMED BEARING) ALONG THE EAST LINE OF THE June 5, 2007 Page 3 of 6 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 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 NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 6, A DISTANCE OF 308.98 FEET; THENCE RUN S 89 DEGREES 28' 37" W, A DISTANCE OF 555.51 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 89 DEGREES 28' 37" WEST, A DISTANCE OF 276.01 FEET; THENCE RUN NORTH 00 DEGREES 26' 12" WEST, A DISTANCE OF 316.91 FEET TO THE NORTH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 6; THENCE RUN SOUTH 89 DEGREES 59' 35" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 276.02 FEET; THENCE RUN SOUTH 00 DEGREES 26' 12" EAST, A DISTANCE OF 314.36 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINS 75.08 ACRES MORE OR LESS. Location: South of Avenue M, West of Angle Road and North of Metzger Road, and North of Avenue I, and East of Canal No. 29. C. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which said plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second. the vote on this resolution was as follows: Chairman Chris Craft XXX Vice-Chairman Joseph E. Smith XXX Commissioner Doug Coward XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED this 5th day of May 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman June 5, 2007 Page 4 of 6 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney June 5, 2007 Page 5 of 6 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Exhibit A 17 18 . General Location Map 19 . Area Subject to the Change in Zoning June 5, 2007 Page 6 of 6 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 en =' ~ I- "C m o a::: ~ C) c « Q) ~ .~ a.. ....; u.. ~ š t) . õ: fi '6 .5 ~ o o I CO o o :J a.. z{6t~ ~ r:11 ¡; ~ ~ .. ';"~ ~ '" ti ~~ ~ ,~ f . ~ ~ ...~< '4é ,~,:' ¡ v:, ~ 8 N M ~ i III ~ Q. Q. :I .. I i .el\ OC co - 1 ë <.; c: :e It :! ....., ... J J J I ~_ i u II <) ~ ..... It<> J ,(Juno:) a8qoq:l8Ii1) O A petition of Ft. Pierce Angle Road Trust for a Change in Zoning Designatio from IL (Industrial Light) to PUD (Planned Unit Development-The Preserve) ~ " $ ~ , I I It$. I I I I I I ... I I I I I I I I I I I I , , t I 13 I I ¡ J ! ; 'I ' I I I I I I I I I I I I I I I; I I I I 1 I 1 ' I 1 1 I I 1 1 I I I I I I I I 1 I I ! I I I 1 1 14 I I I I I 1 I , 1 I 1 I I I I I I I I I I I I I I I I I FLOYD JOHNSON RD ...1:.1 g\luun 'AMAI 0.,1'\ .... 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L i ~. % ~W/////~/'///~W~?; ~ rAVjN1j ~ ~~~ / ?(øjfØ) \:/'~ ~ffi I ~_~ ~ __u ~~~ ~~ ~ - ~ W ~ßj I ~'//~ r l~· en' en w 0, ,~ f I I rME:rz~EB RD ~. I I '1-:::- ---I-' ~~- '.---Jcn. i: ~F ~ ~ ;~- !----t~ Z I 'z -Z :L ... J ~ '- I J I illiTIB = iHÄ1'1ìNr SELENA AVE I-- - f- ~CIF ~ I ~---- 'z' 2, ~ Legend ~ Subject property ..5èJ<·~-'<~z;",. (:~.",.,,,.,~..:- §"r_I'Æ .7fIønø¡¡ømnrl' ZJ!p_tmnzl N  Map prepared April 3, 2006 GROWTH MANAGEMENT BOCC AGENDA ITEM TRANSMITTAL COVER SHEET Division: Plannina Prepared by: Larrv Szynkowski Meetina Date: March 20, 2007 Agenda Subject: Request of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. for a Change in Zoning from an IL (Industrial Light) Zoning District to a PUD (Planned Unit Development) Zoning District and for Preliminary Planned Unit Development approval for the project known as The Preserve. Attachments: Yes- X No- Public Hearing Required: Yes- X No- Meetina Time Deadlines for Proiects Deadlines Sign-offs BOCC Meeting Date County Policy Internal March 20, 2007 March 20, 2007 Deadlines per Planning Dlv Project Name, & File F Outlaw Deadlines Number Contact Name & Number If PH required - 27 Deadline - APO & Map February 21, 2007 Date:?;PfJ.¿L J,~ days prior - Request to GIS Initial: 15 days prior - Deadline - Ad Info to March 5, 2007 Date: !ieit'1:,' 2, J.!'òG Monday support staff Initial: 12 days prior- 15 days prior- 9 AM Deadline- Pkg to March 5, 2007 Date: t!t1":J. :J.ltJ b Thursday Monday Planning Mgr for ApDr Initial~ ;;dn 13 days prior - 13 days prior - Deadnne to submit March 7, 2007 Date: Wednesday Wednesday leaal ad to p&Der Initial: 8 days prior - 13 days prior - Noon Deadline-PIqJ to March 7, 2007 Date: Monday Wednesday GM Exec Secy \ Initial: 8 days prior - 13 days prior - To GM Asst Oir or Oir - March 7, 2007 Date: Monday Wednesday out by Thursday Initial: 8 days prior - 12 days prior - 5 PM Deadline to Plan March 8, 2007 Date: Monday Thursday Mar-final slgnoffs Initial: 7 days prior- 11 days prior- 9 AM Deadline to walk March 9, 2007 Date: Tuesday Friday sign-off items Initial: 7 days prior- 8 days prior- Noon Deadline to March 12, 2007 Date: Tuesday Monday complete sign-offs Initial: 6 days prior- 7 days prior- 5 PM Deadline-pkgs to March 13, 2007 Date: Wednesday Tuesday Exec Secy Initial: 5 days prior- 5 days prior- 9 AM Staff Mtg to March 15, 2007 Date: Thursday Thursday review agenda items 1_16;...1. The Preserve PUD 06-001, RZ 06-001 Transmittal Master Checklist Primary Distribution Environmental Resources Department, Amy Mott: Sent X Public Works Surveyor - Ron Harris: Road, Bridge, & Transportation - Scott Herring: Stonnwater Management - Chris Lestrange: General Engineering - John Frank Zoning Supervisor - Paula Bushby: X X X X X Attorney Prop Acquisition - JoAnn Riley: X Sheriff's Department - Major Monahan: X St Lucie County Fire District - Captain Derek Foxx: X Ft Pierce Farms/North St Lucie Water Control District X - Ray Garcia: Property Appraiser's Office - Maurice ~nyder: X IF AS - Jeffrey Gellennann: Residential Onlv School Board of St Lucie County - Marty Sanders: \ Community Services (Transit) - Jody Bonet: X X Geoe:raphical Based St Lucie County Utility Department - Ray Murankus: X Airport Authority - Diana Lewis: City of Ft Pierce - Beach/Recor: X City of Port St Lucie - Cheryl Friend: Ft Pierce Utilities Authority - David Mellert: X Education and Research Authority - Jane Bachelor: Received X X X X X X X X X X X X X Commission Review - March 20, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: THROUGH: Board of County Commissioners FROM: DATE: Bob Nix, GrowJh Management Director Hank Flores, "~mning Manager David P. Kelly, Planning Manager Larry Szynkowski, AICP, Senior Planner)( February 26,2007 SUBJECT: Request of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. for a Change in Zoning from an IL (Industrial Light) Zoning District to a PUD (Planned Unit Development) Zoning District and for Preliminary Planned Unit Development approval for the project known as The Preserve. The petitioners, Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC, are requesting to continue the public hearing on this item until June 6, 2007, at 6:00 p.m., or as soon as thereafter. I The petitioners, Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC, are seeking approval for a Change in Zoning from the IL (Industrial Light) Zoning District to the PUD (Planned Unit Development) Zoning District for the 945-unit, Condominium, Townhome and Apartment residential development to be known as The Preserve PUD. The Preserve development is located on a 75.08-acre parcel of land located on the west side of Angle Road and north of Metzger Road. I The Planning and Zoning Minutes and the Board of Commissioners Package of October 17, 2006 are attached for your consideration. This memorandum provides an update of the action taken at the Board of County Commissioners Meeting of October 17, 2006. The Engineering Division requires a 35 foot right-of-way for Avenue M, while the applicant has offered to dedicate 25 feet of right-of-way. The Upland Preserve acreage that is required was discussed. The Environmental Resources Department requires a Tree Survey before any approval of the Preliminary PUD Plan. The applicant had requested a continuance to December 19,2006, then March 2007. The staff has also requested that a consultant comment on the Traffic Impact Report submitted by the applicant. These comments from the consultant were sent to the appiicant for further response. February 26, 2007 Page 2 Subject: The Preserve File Number: RZ 06-001, PUD 06-001 RECOMMENDATION: Staff is recommending that this petition be continued to June 6, 2007, as requested by the applicant, so that the applicant has more time to meet the requirements of the Board of County Commissioners as directed on October 17, 2006, has an opportunity to respond to the traffic report comments from the staff consultant and submit any changes. Please contact this office if you have any questions. SUBMITTED: ~,tþ Bob Nix, AICP Growth Management Director cc: Mark Mathes, Lucido & Associates Jan Stewart County Attorney File JJ Partnership 3413 Olandwood Court, Suite 203 Olney, Maryland 20832 (301) 924-4422 February 26, 2007 Larry Szynkowski, Senior Planner Department of Growth Management Planning Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Re: Continuance of The Preserve Dear Larry: Please continue the referenced matter to the June 6th Board of County Commissioner's Public Hearing. We belie:ve this extension gives us enough time to work out the various issues raised by staff and that were discussed with the Commissioners during individual meetings we had with them about two weeks ago. cc: Mr. Johnathan Ferguson Mr. Mark Mathes art February 26, 2007 Page 3 EXHIBIT A MAPS Subject: The Preserve File Number: RZ 06-001, PUD 06-001 .... ø :::J ~ ..... -c' eo 0 T- ¡¡¡ a::: 0 z+- 0 ... I Q) I - <D C) 0 ~ c 0 « Q) ::> ~ C- .el\ or. Q) \,r. .- ...\,e~ C- ....; I, oo~ LL , "eC¡ . ,¡e{ ~\ r;'I~ . ,",11: ;, ~ "" . J!' ~ . ,~ ¡; ~ ,. ~ ~ '..~ E '", 11 .'~ ~ .~ I: ~ ~ ~ ....-i. \tt: ~. ~ .G. 8 N M § ~ III ~ Q. Ii :IE <> ~ ð u I æ .i " s 1I1f"11 !RIM I J J II: d ~ ~ 1__:' fI"O I I ,(Juno:) 88q04:r.J8J10 A petition of Ft. Pierce Angle Road Trust for a Change in Zoning Designatiol from IL (Industrial Light) to PUD (Planned Unit Development-The Preserve) , T I I I , I I I I I I I I I ,3 I ' I I I I <' " $ ~ I ,I I, I I I , ' ! I I I I ! I I I I , I ! , I ' I ! I I I, 'I I I I I I I I ' J , I , I I I I I I I , I I , I , , I' I I' , I : '4, I I I i I I I I I I I I I I ' I , I I , I , FLOYD JOHNSON RD r.J~1 DIA.~f"I 'AIIJAI ....,.. AA . PUD 06-001 ~/_-' / ........', -l.=jr--- ~f--.ff--.... / -:3...., _~ -.g- _ ---:-- _I I- _ __ ~'_-_.- _ _ :: ; .... ~ - - .... '" 4 ,(I) - 4- - , I ø - '--~ f--- - - - - - I I I, ;:j .... __.' 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'< f ~ "-- ~CIR ~ I ~-- -- 'z' 2 Legend ~ Subject property ..5ì~- j.,,:~«~zc, (';',."",~.;:.... þ"r1"rtli .7Iftznø,ul1mtmt Z19'tz,tmenl N A Map prepared ADril 3. 2006 Commission Review - October 17, 2006 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, Growth Management Director Hank Flores, Planning Manager David P. Kelly, Planning Manager FROM: Larry Szynkowski, AICP, Senior Planner DATE: October 5, 2006 SUBJECT: Request of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. for a Change in Zoning from an IL (Industrial Light) Zoning District to a PUD (Planned Unit Development) Zoning District and for Preliminary Planned Unit Development approval for the project known as The Preserve. LOCATION: The property is located west of Angle Road, east of Canal 29 and Westwood High School, north of Metzger Road and south of Avenue M CURRENT FUTURE LAND USE DESIGNATION: RH (Residential High) EXISTING ZONING: IL (Industrial Light) PROPOSED ZONING: PUD PARCEL SIZE: 75.08 acres PROPOSED USE: 945 Units of Multifamily Residential, 3% Neighborhood Commercial, 1.6 % Mixed Use SURROUNDING FUTURE LAND USE DESIGNATIONS: North: IND (Industrial). South: IND (Industrial) and MXD. East: IND (Industrial). West: P/F (Public Facilities) and RU (Residential Urban-Max 5 du/acre). October 1 7, 2006 Page 2 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 SURROUNDING ZONING DESIGNATIONS: North: IL (Light Industrial). South: IL (Light Industrial) & RS-4 (Residential Single-Family 4, South of Metzger Road) East: IL (Light Industrial). West I (Institutional) and RS-2 (Residential Single-Family -2) SURROUNDING EXISTING LAND USES: The existing uses of lands abutting the subject property to the north and northwest, south of Montecillo Avenue /Avenue M, include an auto salvage business and vacant lands. The existing uses of lands north of Avenue M and southwest of Angle Road include single family homes and vacant lands. The existing uses of lands to the east include vacant lands and residences for that portion between north of Avenue I, and vacant lands, a storage facility with office and a repair shop for that portion south of Avenue I and north of Metzger Road. Existing lands to the south of the subject property contain agricultural uses, a warehouse and two single family homes. West of Canal No. 29 is Westwood High School. (Please see attached "Existing Land Use Map") UTILITY SERVICE: The subject site is within the service area of the Ft. Pierce Utilities Authority. TRANSPORTATION SERVICE: RIGHT-OF-WAY ADEQUACY: The existing right-of-way for Angle Road varies from 66 feet to 100 feet. The applicant has identified Angle Road as the road to be accessed via Avenue K, which has 50 feet of right-of-way. Metzger Road ROW varies from 50 feet to 80 feet. SCHEDULED IMPROVEMENTS: The developer will construct: Two north/south roads through the development; Full intersection upgrades at Metzger Road and Angle Road; Metzger Road constructed to County Standards including a six-foot sidewalk on the north side of Metzger Road; Dedicate 50' ROWon Metzger Road, 25 feet of ROW on 41 sl Street and 25 feet of ROW on Avenue M. A paved emergency driveway, gate and knox box on Avenue M. Avenue K reconstructed to the intersection with Angle Road to County Standards. CONDITIONAL IMPROVEMENTS: Before the Final Plan approval, the developer submits Design for: Metzger Road to County Standards; Full October 17, 2006 Page 3 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 Intersection turn lanes at the Full of Metzger and Angle Road; and roads that are to become County Public roads. PERMITTED USES: FIREIEMS PROTECTION: Section 7.01.00 PLANNED UNIT DEVELOPMENT Any permitted, conditional or accessory use in the Agricultural and Residential zoning districts that do not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. Any use not identified in the zoning district regulations is a prohibited use in that district. In addition, up to three percent of the project gross area can be developed as commercial to serve the residential component of the project. Fire District Station 4 is located at 2850 Aviation Way about two miles north from this project. Station #1 (2400 Rhode Island Ave) is located approximately 2 miles to the southeast of the site. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. ********************************************************************************************************** The applicant is requesting a Preliminary PUD (Planned Unit Development) approval for the entire 75.D8-acre tract of land to be developed as The Preserve PUD. The proposed change in zoning has been determined to be in conflict with applicable provisions of the St. Lucie County Land Development Code. There are several conditions required of this development that would bring this development into compliance with the Code. I According to Section 7.01.01 of the LDC, the purpose of the Planned Unit Development (PUD) zoning district is 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; The revised plan has 945 units rather than 974 units as previously requested with some one-bedroom apartments added into the mix. The applicant's proposed design includes 420 condominiums and 473 townhomes, and 52 one-bedroom apartments with a breakdown as follows: Suildin s 2-sto Condominium 2-storv Townhomes 3-story Mixed _3rd Floor 1 bdrm No. of units 420 473 52 Size Ran e 800-1 ,700 s uare feet 1.000-1.100 SQuare feet 500-1,000 square feet October 17, 2006 Page 4 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 The applicant's proposed design has incorporated the existing land features in order to preserve the environmentally sensitive areas including 3.47-acres of wetland at the east end; 6.54-acres of upland preserve in four areas of the site; and three dry retention areas which total 2. 12-acres. In addition, the site design incorporates six lakes (three of which are over an acre) which will handle overflow of stormwater during a major event and combine to total 5.92-acres. Of the 75.08-acres, a total of 26.28 acres are required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 49.53-acres (24. 13-acres of landscape and the areas surrounding the lakes, 10.01-acres of preserve, 5.92-acres within the lake areas, 4.20 acres in two recreation tracts and 2.12-acres of dry retention and perimeter buffering). These 49.53 acres total 66% of the site. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with a roadway network system internally connecting the entire project. The primary access points into the development are two access points from Metzger Road to the south. Proposed median improvements need to terminate at the ultimate right of way per Engineering. The east access road, which needs to align with the interconnecting street, appears to offset ðpproximately twelve (12) feet. The County and City had requested that the entryway roads be improved and extended to the north of the project and exiting to existing roads. See Engineering and Acquisitions comments for adjustments. A portion of this project abuts 41 sl Street. Thirty-five feet will be donated for 41 sl Street by the developer. Six-foot concrete sidewalksl are required along 41 sl Street. Staff agrees with the applicant regarding Avenue "I". The existing wetland and proposed preserve area should not be impacted by right-of-way. Engineering rescinds the original request for additional right of way for Avenue I. Avenue M (Monticello Avenue) abuts the north line of the project. Twenty-five feet will be donated as additional right of way. Six-foot concrete sidewalks are required along Monticello Avenue. The additional access is via Avenue K from Angle Road. The proposed un-named connection to Avenue K should line up with Avenue K. The applicant will be reconstructing Avenue K and providing turn lanes into the project from the Angle Road at Avenue K. Since Metzger Road will be used for the bulk of the generated trips and is unimproved, the plan shows an increase in ROW of 50 feet. Before the Final Plan is approved, the applicant must submit the Design Plans for Metzger Road and other roads that will become public. County Standards for public roads include 12' travel lanes, 5' paved shoulder and 6' concrete sidewalks. October 17, 2006 Page 5 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 Typical sections for all the proposed public roads do not meet these minimum County standards. The roadway dimensions shall comply with requirements and standards applied by the Public Works Department. Before the Final Plan the applicant shall submit the Design Plans for the Full Intersection turn lanes at Metzger and Angle Road; and the design for the intersection improvements at Avenue K and Angle Road. Previously, the City of Fort Pierce had asked that a street be extended southward from Avenue M to Metzger Road at the south end of the development. That could be accomplished with the west entry roadway that begins with a median from Metzger northward. Along that roadway there is an oval-shaped round-about with five (5) intersects. Beyond that oval the road intersects at odd angles with a small street heading west and a road extending north which have no median. There would be difficult vehicle conflicts at this intersection. The north end of this road would connect to Avenue M. The east access road from Metzger has a possible "temporary cul-de-sac" if the east phase is built prior to the center phase. In the center phase, the plan shows two 90-degree turns in that street that only extends as far north as Avenue K. It then turns 90-degrees to the east onto Avenue K before it could reach a north- south connecting street. Avenue K will then connect with Angle Road that is a southeast to northwest road that curves due west. FPUA (Fort Pierce Utility Authority) will be providing water and sewer to the subject property. The applicant has provided verification from FPUA that water capacity is currently available at FPUA's Water: Treatment Plant and that wastewater capacity is currently available at their Water Reclamation Facility. The applicant as part of the infrastructure improvements will be required to extend the water from a 12" main on the south side of Angle Road and also connect to the e" main on Metzger Road creating a loop water system. The applicant will also be required to upgrade and/or reconfigure the lift station at Westwood High School and the wastewater system lines into the subject site. A wastewater study is required prior to Final PUD Plan approval. C. Allow design options that encourage an environment of stable character, compatible with su"ounding land uses; and, Bordering the project site to the north are vacant industrial land and a salvage yard; east of the 41st Street ROW there is vacant single-family residential; also to the east are industrial land and truck staging; on various tracts to the south are single-family homes and industrial uses; and to the west is Canal 29 and beyond the canal is Westwood High School. The nearest pending developments are Eagle Bend, Victoria Oaks and the Millcreek PUD. There is some similarity among Eagle Bend, Victoria Oaks, and The Preserve. The Millcreek PUD is proposed for 290 Townhomes and 120 Single family homes. There is a great similarity between the design of the Millcreek PUD eastern section and The Preserve's northern section. Those PUD October 17, 2006 Page 6 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 sections both have similar densities of Townhomes. But the overall PUD densities vary greatly between Millcreek's 6.4 du/acre and The Preserve's 12.58 du/acre. One difference is that Millcreek will propose 120 single family homes (30%), while The Preserve now proposes 473 town homes, 420 condominiums and 52 apartments. Eagle Bend plans for 451 Single Family units and 548 multi· family units. Victoria Oaks will have 273 single family units and 440 multi-family units. These two projects to the west have a higher percentage of single family homes than Millcreek: Victoria Oaks-41 % single family, Eagle Bend-45% single family. Based upon the number of total units proposed nearby, this residential project is consistent with the existing development patterns in the area. Furthermore, this project proposes an Attainable Work-Force Housing Initiative entitled The Preserve "10-10 Program." (See the attached four pages for the developer's proposed The Preserve "10-10 Program.") The program has been presented to the St. Lucie County Housing Division for review. The 10-10 Program is intended to address the need for workforce housing within the county. The title refers to ten percent of the homes in The Preserve which would be sold at a ten percent reduction in price of these homes compared to other similar homes in the development. The program proposes to make the 10% of the units available to the County to provide a 10%, price reduction/credit to qualified purchasers. Upon adoption of the Program and determination by the Housing Department, a cap will be placed on the sale prices of those identified units and a cap on the resale prices by deed restrictions. The proposed program is to be administered by the County. I D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities and the provision of recreation and open space. The applicant's proposed design has incorporated five stormwater compensation lake features totaling 5.92-acres which will aid in draining an overflow of water during a major storm event. On the east side of the development, are a 2.78 acre and a .69 acre wetland tract. On the west side is a dual purpose .9-acre youth soccer field and dry retention area within a 2.02 acre recreation parcel. The developer agrees to provide 11.26 acres of native habitat. All utilities will be placed underground. 1. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code. The proposed amendment is not in conflict with applicable portions of the St. Lucie County Land Development Code upon compliance with the listed conditions at the end of this document. 2. Whether the proposed amendment Is consistent with all elements of the St. Lucie October 17, 2006 Page 7 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 County Comprehensive Plan; The applicant has demonstrated that the proposed PUD (Planned Unit Development) amendment is consistent with the St. Lucie County Comprehensive Plan. Policy 1.1.1.1 allows for residential development within the RH (Residential High) Future Land Use classification at a maximum density of 15 du/acre. The proposed project has an RH (Residential High) FLU designation. Based upon the Comprehensive Plan Map change that was approved by the BOCC on May15, 2006, the entire site would be permitted to have 15 du/acre for a maximum of 1,126 duo The project was designed with a density of 945 units (12.58 du/acre), which is consistent with the Future Land Use designation. Policy 1.1.4.2 requires that new development be designed and planned in a manner, which does not place an unanticipated economic burden upon the services and facilities of St. Lucie County. The subject property is located in the Ft. Pierce Utility Authority designated service area. Sewer and water lines were previously installed along Angle Road in the vicinity of the subject property. Fort Pierce Utility Authority has provided verification that water is available to meet the water demands of the project. The applicant will only need to provide connections to the utility systems and make adjustments to the nearby lift station. The developer must also make contributions. including right-of-way and construction to intersections, roads and streets in the area as discussed elsewhere in this report. The developer must also satisfy the requirements of the St. Lucie County School District. Policy 2.1.2.3 Review access driveways and roadway connections...to assure safety and compatibility with the existing and future roadway network. Impose improvements for conformity as a condition of approval. Access driveways have been approved by the County Engineer. There is an offset near the southeast access driveway of approximately 12 feet from that access to 45th Street. Code requires a minimum 150 feet of distance from the centerline of each street or road. ITE requires distances that vary by the roadway width, Transportation and Land Development, ~d Edition, Institute of Transportation Engineers, Page 13-20. That access road must be brought into alignment. Policy 2.2.1.2 Review on site traffic flow to assure adequate circulation for motorized, non-motorized and pedestrian traffic Is provided. Require signage and roadway specifications that conform to the County's adopted standards. The townhouse area internal residential streets are 20 feet in width with on-street parking space widths of 7.5 feet. The travel lane would be 10 feet in width, which is the minimum for emergency vehicles on residential streets. On one side there would be a 5 October 17, 2006 Page 8 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 foot landscaped area and then a 5 foot sidewalk. Mailboxes are not indicated for location. The town homes have garages that are accessed from alleys. This is a much safer design and aesthetic improvement than previously proposed. The 10 foot wide lanes on both sides of the northwest recreation parcel and lake are not accessible by emergency vehicles and would be used for parallel parking. The condominium areas would have moving vehicles making parking movements or leaving the parking spaces. There would be normal pedestrian conflicts in these parking areas. While an oval turnabout will be at intersections along the internal road on the west and crosswalks provided on the through streets, pedestrian access to recreation facilities may create conflict points. All County signage and roadway specifications shall be required on the through streets. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; This proposed change in zoning and the accompanying Planned Unit Development site plan subject to the recommended conditions is not inconsistent with the existing and proposed uses within the area. The developer has worked closely with the City of Fort Pierce throughout the redesign of this project. County staff has met with the City and confirmed that the redesign is consistent with the direction given. The City continues to believe that the density is higher than warranted in the area. Bordering the project site to the north are vacant commercial lands, on various tracts to the south and west are single-family residential, to the east are industrial uses and vacant land. The applicant is requesting within the! PUD waivers to: · The width of parking spaces in the Condominium Parking Courts from 10-feet wide to 9-feet wide, and from 8 feet wide to 7.5 feet wide for on street parking. · Percentage of commercial uses is 1.6% above PUD standard. · There will be no extensions of Avenues I, J and L into the site. · Parking spaces on future Ipublic streets count as off-street parking. 4. Whether there have been changed conditions that require an amendment; The applicant has selected a development option that requires a change in zoning to the PUD (Planned Unit Development) zoning designation. This zoning designation includes a requirement for a specific site plan. The PUD Site Plan as revised includes six (6) buildings on the south ends with 52,390 square feet of retail space on the 1 sl floors and 52,390 square feet of office space on the 2nd floors. The 2.25 acres of commercial on the northeast meets the maximum percentage of commercial uses in a PUD. The Preserve exceeds that maximum percentage by 1.6% of the gross PUD area. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; October 1 7, 2006 Page 9 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 The applicant has revised a previously submitted 974-unit (720 condominiums, 254 Townhomes) residential project to a 945-unit (420 condominiums, 473 town homes and 52 one-bedroom apartments. The developer must contribute to major road reconstruction in this area. This development will be required to extend the infrastructure for water and sewer lines into the subject property and make adjustments to the lift station to the west. The community park and recreation are provided on site. The developer will have to contribute to regional parks, schools, solid waste and fire rescue through the impact fee processes. Policy 2.1.2.2 Traffic circulation and improvements Re: land use, ROWand Infrastructure plans; mitigation of potential impacts. The project is designed with a roadway system with the two primary ingress/egress points located on Metzger Road to the south. There will be another access point located on Avenue K from Angle Road connecting from the east. Angle Road is on the ROW Protection Map and will be widened from 2 to 4 lanes from Orange Avenue to King's Highway. The applicant submitted a Traffic Impact Report (TIR) which looked at all the collector, major arterials, and minor arterials within a 2 mile radius of the site. The TIR indicates that the proposed project will generate approximately 5,485 daily trips. It is more likely to generate 6,615 trips per day based upon the ITE standard of seven trips per day generated by Residential Condominiumsrrownhouses. Ibid. Chapter 3, Traffic Impact Analysis, 3-7 I The TIR conclusion states that "Based on the calculations and findings presented here, the project shall require construction of improvements at Angle Road and Metzger Road to include: a northbound left turn lane, a southbound right turn lane, a westbound left turn lane an eastbound left turn lane and possibly a signaL" Traffic Analysis for The Preserve, CONCLUSION, page 9. I Because of the 6,615 added trips to the main roads, Angle and Metzger, a signal warrant study for Angle Road at Metzger Road shall be required prior to construction of 709 units or 75% of the development. The applicant shall provide his proportionate share of contributions for the Kings Highway and Angle Road intersection to allow the northbound and southbound through movement to occur at the same time. The construction of a southbound left turn lane may be required there. The Traffic Analysis for The Preserve estimated 389 project trips for that intersection. There will be added traffic using Avenue K and Angle Road. Prior to the Final Plat the applicant must make improvements at Angle Road and Avenue K including right turn and left turn lanes and the entire roadway length of Avenue K from Angle Road to the northeast entrance to the development. The project should not cause any roadway to exceed its capacity. The entryways from Metzger should progress to the north for access to Avenue K. There should be access from Avenue K into the complex by means of a 60' ROW that shall be extended to the October 17. 2006 Page 10 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001 PUD-06-001 north-south roadway. That north-south roadway on the west side near the canal will be a 60' north-south roadway extending from Metzger Road to Avenue M. A second roadway entering from Metzger Road on the east shall also be a 60' ROW. That roadway should extend to Avenue K as a through roadway. But the developer has chosen not to improve 415t Street, only to donate 35 feet of ROW to this street. The east roadway will continue north internally to Avenue K . The applicant states that the north-south roadways will be public, but the east-west roadways will be private and used internally. The subject property is located within the Fort Pierce Utility Authority's service delivery area. The applicant has provided verification from FPUA that service is currently available to meet the demands of this project. The applicant will be required to extend the lines into the project as a condition of approval and adjust the wastewater lift station. The Preserve PUD will be served by adequate school facilities. A 945 unit, residential subdivision is expected to generate 193 (.204 students per unit) new students. The Preserve PUD will be subject to the County's Educational Impact Fee Ordinance. Prior to final PUD approval, the developer will be required to provide documentation that the requirements of the school district have been satisfied. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; Of the 75.08 acres, a total of 26.28-acres are required to be preserved in order to meet the minimum 35% open space requirement of the St. Lucie County Land Development Code. The applicant has met the 35% open space requirement through the preservation of 49.53 acres that is ,66% of the site. The Environmental Resources Division Report is attached. 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 subject site ~s designated with an RH (Residential High) future land use which allows a maximum density of 15 du/acre. Also, the Future Land Use designation allows for the development of a Planned Unit Development (PUD). Considering the 75.08 acres, this designation allows for the development of up to 1,126 residential units. In this development, plans for the Preserve PUD call for a density of 945 units which results in 12.58 du/acre. Considering the footprint of the six buildings of 52,390 square feet, shown as mixed use, this development could provide needed community services along Metzger Road. Bordering the project site are vacant commercial lands, single-family residential to the south, and east, and industrial development to the north, south and east. The proposed development will result in an orderly and logical development pattern. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and Intent of this Code; October 17, 2006 Page 11 Subject The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 Due to the urban neighborhood design, the proposed amendment should not conflict with the public interest because of the high density of the proposed PUD in an area with 5 du/acre adjacent on three sides. There are also light industrial uses adjacent to the development. The applicant has responded to the City of Fort Pierce issue of north-south connectivity. Though, the proposed amendment is consistent with the Housing Element of the St. Lucie County Comprehensive Plan Policy to provide Workforce Housing, if and when, specific commitments concerning the 10-10 Program are made. These developer commitments must be required by the County prior to Final Plat. Therefore, the proposal is not in conflict with the public interest because of the public's need for more workforce housing, equitable house insurance costs and increased homestead tax exemptions on new purchases. The major part of any community solution for lower cost housing is the government ownership of land. The proposed amendment is in harmony with the purpose and intent of the St. Lucie County Land Development Code as long as it provides the rights-of-way needed for vehicular safety and safe pedestrian within the development. COMMENTS: The petitioners, Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC, are seeking approval for a Change in Zoning from the IL (Industrial Light) Zoning District to the PUD (Planned Unit Development) Zoning District for the 945-unit, Condominium, Townhome and Apartment residential development to be known as The Preserve PUD. The Preserve development is located on a 75.0B-apre parcel of land located on the west side of Angle Road and north of Metzger Road. ' This petition, with the twenty-two recommended conditions, meets with the standards of review as set forth in Sections 11.06.03. The applicant is requesting variances to Section 7.01.02 B, 1.6% of commercial use and Section 7.06.02 B, the 10 feet width of parking spaces. A condition is added to comply with Section 7.01.03 E. 7. of the St. Lucie County Land Development Code. This section requires a centerline offset between a local street and a road shall be no less than 150 feet. The east entryway at Metzger appears to be offset by 12 feet. That is a small, but significant offset Oog) in the intersection. Condition #1 below ensures that the road offset is corrected. RECOMMENDATION: Staff is recommending that this petition be continued until the applicant meets with conditions. CONDITIONS: 1. Prior to recording of any plats or any portion of the property, the developers, or their assigns, shall submit a signed letter from the St. Lucie County School Board indicating that they have satisfied the St. Lucie County School Board for a school site. 2. The applicant shall upgrade and/or reconfigure the lift station at Westwood High School and the wastewater system lines into the subject site. A Wastewater Study is October 17 I 2006 Page 12 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 required for the Fort Pierce Utility Authority. 3. Prior to Final Plan Approval, the petitioner shall submit two sets of the Design plans for Metzger Road to the Growth Management Director. 4. The developers shall construct improvements at Angle Road and Metzger Road and those improvements at Angle Road and Avenue K to include a northbound left turn lane, a southbound right turn lane, a westbound left turn lane an eastbound left turn lane. 5. The developers shall extend Avenue K to Angle Road and reconstruct to County standards. 6. A signal warrant study for Angle Road at Metzger Road shall be required at construction of 709 units or 75% of the development. If such signal is found to be warranted, it shall be installed by the developer prior to issuance of a certificate of occupancy for the 825th unit. 7. Prior to Final Plan approval, the petitioner, his successors or assigns shall provide complete sets of sealed constructible Engineering Plans for all internal roads. 8. Prior to Final Plan approval, thirty - five feet of additional right of way will be required for Avenue M (Monticello Avenue) that abuts the north line of the project. 9. The developer, his successors or assigns shall either construct or, provide a fee in lieu df, based on an engineer's estimate and agreed to by the County Engineer, for the construction of a 6-foot wide sidewalk along the project's frontage on Metzger Avenue, 41st Street, Avenue K and Avenue M (Monticello Avenue.) 10. Prior to the issuance of the Certificate of Occupancy (CO) for the first building permit, the petitioner, his successor or assigns, shall reconstruct Avenue M, unless a paved driveway, gate and a knox box will connect to Avenue M, the developers shall. 11. Prior to the issuance of the Certificate of Occupancy (CO) for the first building permit, the petitioner, his successor or assigns, will provide a connection to the school site on the west side of the development by coordinating with the 5t. Lucie County School Board. 12. Prior to Final Plan approval, in order to satisfy the requirements of the project, on street parking, will require Board of County Commissioners' approval. If the on street parking is not approved for this purpose, the number of units must be reduced accordingly. 13. Roads in the development that are designated as through streets for connectivity of the development shall have twelve (12) foot travel lanes and five (5) foot bicycle lanes with on street parking. 14. Prior to final PUD approval, the applicant must identify the specific 10-10 October 17, 2006 Page 13 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 Program units and commit to maximum offering prices for the identified 10-10 units. 15. Prior to final PUD approval, the applicant shall provide a report to the County that demonstrates that a 35 mph speed may be maintained on the curves and streets as designed with on street parking within the project and that sufficient capacity exists to allow all intersections to clear at the a.m., p.m., and school peak hours. 16. Prior to final PUD approval the applicant shall provide a queuing study thatdemonstrates that on street parking is not within the functional area of the intersections with Metzger Road. 17. Rights-of-Way shall meet St. Lucie County Standards for roads proposed to be dedicated to the County and connectivity shall be required. 18. The Director of Growth Management is authorized to issue a development order in such form as he may prescribe. No development shall occur and the project cannot obtain any permits until a development order is issued by the Director of Growth Management, or the person he designates in writing to issue the development order. The Development Order shall be recorded in the Public Records of St. Lucie County, Florida with the Resolution. 19. The Final Plat shall not be recorded until all common improvements are either: a) built and accepted or approved by St. Lucie County; or b) secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the þeriod of maintenance required by the Land Development Code. 20. No development order shall be. issued by the Director of Growth Management until a complete set sealed constructible final engineering plans, supporting calculations and survey data for the site work and offsite improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, Fire Department, and any other agency that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 21. Prior to the Final Plan the petitioner shall eliminate all Category I & II invasive exotic species, incorporate more native species of ground cover, shrubs, palms and trees and specify Pinus elliotii var. densa for South Florida Slash Pine on a signed & sealed landscape plan. 22. Prior to Final Plan approval, the applicant shall be required to submit to the County a final tree mitigation plan that indicates the location of all trees to be preserved or relocated in accordance with the allowable mitigation options outlined in the St. Lucie County Land Development Code. October 17. 2006 Page 14 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 23. Prior to issuance of any building permits or vegetation removal permits for any portion of The Preserve project, the developers. their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a Preserve Area Management Plan designed to be used as a guide by the future homeowners association for the long term management of the upland and wetland preserve areas, including, at a minimum, exotic removal in all preserves, proposed monitoring program, proposed replanting plan of native vegetation in any impacted areas, signage for preserve area boundaries, explanation of who will be responsible for future maintenance, the nine principles of the Florida Yards and Neighborhoods Program promoting "green" practices such as native plant landscaping, water conservation, and minimization of fertilizers and pesticides. and the plan in its entirety shall be included as an exhibit to the HOA documents. 24. Prior to issuance of any building permits or vegetation removal permits for any portion of The Preserve project, the petitioners, their successor or assigns, shali submit to St. Lucie County Environmental Resources Department Declaration of Master Covenants, Conditions. and Restrictions of The Preserve Homeowner's Association documents. The guidelines, at a minimum, should specify restrictions on any encroachment into areas covered by the Conservation Easement, as well as restrictions on vegetation removal outside the building pad areas. At a minimum the documents shall include: a. Language which notifies prospective property owners that the association property includes open space/preserve areas which are protected under conservation easements; b. Language which informs the prospective property owners that the open space/preserve areas may not be altered from their natural/ permitted condition with the exception of: exotic vegetation removal, or restoration in accordance with the restoration plan included in the conservation easement; c. Language by which the homeowner's association accepts the responsibility for perpetual maintenance of the conservation easement and agrees to take action against lot owners as necessary to enforce the conditions of the easement; and d. Notification of property owners of any mitigation/monitoring and/or financial assurances for which the association is responsible. a. Prior to issuance of any building permits or vegetation removal permits for any portion of The Preserve project, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a final, recorded Conservation Easement dedicated to, or made in favor of, the County and clearly identifying the upland and wetland Preserve Area location(s) and size(s). 25. Prior to the issuance of any Building Permits or Land Clearing Permits for any October 17, 2006 Page 15 Subject: The Preserve Rezone & Preliminary Plan File No's.: RZ 06-001, PUD-06-001 portion of The Preserve project site, the petitioners, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department Engineering Plans (or Erosion Control & Clearing Plans) clearly identifying all areas to be preserved, limits of clearing, and locations of all silt fencing, turbidity barriers, and vegetation protection barriers. 26. The applicant shall be required to submit to St. Lucie County an annual monitoring report demonstrating compliance with the above conditions. The requirement for this report shall begin on the anniversary date of commencement of construction and shall continue on that date until two (2) years after the completion of the development. For the purpose of this condition, "completion of the development" shall mean the issuance of the 926th Certificate of Occupancy or the Certificate of Occupancy for the 98th percentile of the final project density in the event that less than 945 units are constructed on this site. Please contact this office if you have any questions on this matter. Please let this office know if you have any questions on this matter. SUBMITTED: Bob Nix, AICP Growth Management Director cc: Mark Mathes. Lucido & Associates Jan Stewart County Administrator County Attorney 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 45 46 47 RESOLUTION 07-045 File Number: PUD06-001, RZ 06-001 A RESOLUTION GRANTING REZONING FROM INDUSTRIAL, LIGHT TO PLANNED UNIT DEVELOPMENT AND APPROVAL OF A PRELIMINARY PLAN FOR A PROJECT KNOWN AS THE PRESERVE PUD. 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. Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., presented a petition for a Preliminary Planned Unit Development Plan for 974-unit residential subdivision (744 Condominiums, 230 townhouse units on a 75.08-acre, 4 Parcel area) project to be known as The Preserve - PUD. 2. September 21, 2006 the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On October 17, 2006 this Board held a public hearing on the petition of Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., for Preliminary Planned Unit Development approval for the project known as The Preserve PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. This Board heard comments re the amounts of upland preserve acreage and right-of-way dedication of Avenue M, and the position of the City of Fort Pierce, then continued the public hearing to November 14, 2006. 4. On November 14, 2006 this Board held a public hearing on the petition of Fort Pierce Angle Road Trust and Riverstone Metzger, LLC., for Preliminary Planned Unit Development approval for the project known as The Preserve PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners 'within 500 feet of the subject property. 5. The Development Review Committee has reviewed the Final Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 6. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. March 20, 2007 Page 1 of 9 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 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 7. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. SITE PLAN 8. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 9. 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. 10. The proposed project will be served by adequate public facilities and services. 11. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Planned Unit Development Plan for the project to be known as The Preserve PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Lucido & Associates on August 17, last revised on October 2, 2006, and date stamped received by the St. Lucie County Growth Management Department on October 2, 2006, subject to the following conditions: 1. Prior to recording of any plats or any portion of the property, the developers, or their assigns, shall submit a signed letter from the St. Lucie County School Board indicating that they have satisfied the St. Lucie County School Board for a school site. 2. The applicant shall upgrade and/or reconfigure the lift station at Westwood High School and the wastewater system lines into the subject site. A Wast.water Study is required for the Fort Pierce Utility Authority. 3. Prior to Final Plan Approval, the petitioner shall submit two sets of the Design plans for Metzger Road to the Growth Management Director. 4. The developers shall construct improvements at Angle Road and Metzger Road and those improvements at Angle Road and Avenue K to include a northbound left turn lane, a southbound right turn lane, a westbound left turn lane an eastbound left turn lane. 5. The developers shall extend Avenue K to Angle Road and reconstruct to County standards. 6. A signal warrant study for Angle Road at Metzger Road shall be required at construction of 709 units or 75% of the development. If such signal is found to be warranted, it shall be Installed by the developer prior to issuance of a certificate of occupancy for the 825th unit. March 20,2007 Page 2 of 9 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 7. Prior to Final Plan approval, the petitioner, his successors or assigns shall provide complete sets of sealed constructible Engineering Plans for all internal roads. 8. Prior to Final Plan approval, thirty - five feet of additional right of way will be required for Avenue M (Monticello Avenue) that abuts the north line of the project. 9. The developer, his successors or assigns shall either construct or, provide a fee in lieu of, based on an engineer's estimate and agreed to by the County Engineer, for the construction of a 6-foot wide sidewalk along the project's frontage on Metzger Avenue, 41st Street, Avenue K and Avenue M (Monticello Avenue.) 10. Prior to the issuance of the Certificate of Occupancy (CO) for the first building permit, the petitioner, his successor or assigns, shall reconstruct Avenue M, unless a paved driveway, gate and a knox box will connect to Avenue M, the developers shall. 11. Prior to the issuance of the Certificate of Occupancy (CO) for the first building permit, the petitioner, his successor or assigns, will provide a connection to the school site on the west side of the development by coordinating with the St. Lucie County School Board. 12. Prior to Final Plan approval, in order to satisfy the requirements of the project, on street parking, will require Board of County Commissioners' approval. If the on street parking is not approved for this purpose, the number of units must be reduced accordingly. 13. Roads in the development that are designated as through streets for connectivity of the development shall have twelve (12) foot travel lanes and five (5) foot bicycle lanes with on street parking. 14. Prior to final PUD approval, the applicant must identify the specific 10-10 Program units and commit to maximum offering prices for the identified 10-10 units. 15. Prior to final PUD approval, the applicant shall provide a report to the County that demonstrates that a 35 mph speed may be maintained on the curves and streets as designed with on street parking within the project and that sufficient capacity exists to allow all intersections to clear at the a.m., p.m., and school peak hours. ¡ 16. Prior to final PUD approval the applicant shall provide a queuing study that demonstrates that on street parking is not within the functional area of the intersections with Metzger Road. 17. Rights-of-Way shall meet St. Lucie County Standards for roads proposed to be dedicated to the County and connectivity shall be required. 18. The Director of Growth Management is authorized to issue a development order in such form as he may prescribe. No development shall occur and the project cannot obtain any permits until a development order is issued by the Director of Growth Management, or the person he designates in writing to Issue the development order. The Development Order shall be recorded in the Public Records of St. Lucie County, Florida with the Resolution. March 20,2007 Page 3 of 9 Resolution 07-045 The Preserve PUD 06-001, RZ 06-001 ~00-90 n:I . ~00-90 and 8AJ8S8Jd 8l .l 9170- La uo!}nIOS8~ 6 40 17 a6ed LOOl'Oll :)JeVII :¡U8WSSe8 uOI¡eJUssuo:» SLn ul PSpnl:»UI ueld uOI¡eJO¡ssJ SLn LnlM 8:»uepJo:»:»e ul uOI¡eJO¡SsJ JO 'leAOW8J UOI¡e¡s6sA :»1¡OX8 :10 UOI¡d8:»XS SLn LUIM UOI¡IPUO:» pSnlWJsd IleJn¡eu JISLU WOJI pSJs¡le 8q ¡OU ~ew seSJe 8AJ8SSJd/s:»eds u8do SLn ¡el. ¡ SJSUMO ~¡JsdoJd SAI¡:»8dsOJd sl. ¡ SWJOIUI I. :»II. M s6en8ue, 'q :S¡U8WSSe8 uOI¡eAJSSuo:» Jspun PS¡:»8¡oJd SJe I. :»II. M Se8Je 8AJsssJd/8:»eds u8do s8pnl:»UI ~¡JsdoJd uOI¡el:»osse SI. ¡ ¡el. ¡ SJ8UMO ,(¡JsdoJd 8AI¡:»sdsOJd SSIII¡OU I. :»II. 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Jsnllls,ltµa.1t1Q pa.l!nbu oe 'aJa,dmo3 pallfaua.ap aq OJ aOlll!mqns aonlt3!fddlt ae .I0.!l 'saallpllap aamJ alqnnddlt .aam OJ ÄIIp lIaalsnq qna Wd O£:t a.l0Jaq JU¡)IQJ.ledaa aqJ qJ,- paID pall p~aldlQ03 aq ~snm JaamdolaAaa paaalt'd II .I0J .1I0IJ83nddltllY The toDowiag information you provide is very important in determinibg the outcome of your Rezoning request. It il required by the St. Lucie Land DevelopmeDt Code that appropriate findiDgJ be made to justify a RezoDing approval. Pleale use adellllo.at pages, if necessary, to justify your request. 1.) Describe the reason for the requested change in zoning: r'··..-····.. . iTo implement the change in future land use from Industrial to Residential High while providing the flexibility available :through a Planned Unit Development zoning agreement to implement the desired development program. I I , L._... .... ".... 2.) Is the proposed rezoning in conflict with any portion of the St Lucie COWlty Land Development Code or the St. Luice COWlty Comprehensive Plan? ¡Th;';~~sed rezoning is not in conflict with any portion of the St. Lucie County Comprehensive Plan or Land iDeveloþment Regulations. As a planned unit development, the proposed rezoning seeks to amend certain portions of [the code as shown on the preliminary plan and includes amendments to the following land development controls: parking ¡rate,parking dimension. roadway and right-of-way width, building spacing, and length-to-width ratio of native preserves. L.-_.-..,...- 3.) How is the proposed change in zoning compatible with the existing uses in the area? -............"'.. . !A noise study was conducted to determine the compatibility of locating residential units adjace", to the existing industrial !uses lathe north and east. The study found that maintaining a 200' building setback will allow the industrial noise to ¡dissipate to code acceptable levels. With this finding, the proposed project can be found compatible with the adjacent ¡Industrial uses. To the west lies Westwood High School- a compatible and complimentary use to the proposed project. F í i..,...~_~"., .,,",'p. .... 4.) How is the proposed change in zoning compatible with the Land Use designation on this property? ¡A-Pï~nned Unit Development is an allowable zoning district to implement the Residential ~igh future land use !designation. I ' ! t , 1......-.."'..,.......... S.) What conditions have changed in the immediate area that warrants consideration of this change in zoning? r'··-·········"·· ¡The County is developing an industrial park in the nearby area thus reducing the need for industrial acreage. The ¡presence of Westwood High School reduced the compatibility of this site for industrial uses. The County's High Density ¡Residential future land use designations are below required amount per the Comprehensive Plan. As this parcel ;s within 11/4 mile of other RH designations, its designation as PUD to implement the RH future land use is now appropriate. 6.) What arc the anticipated impacts of the proposed rezonin¡ on the existing and futw'c public facilities in this area? j"."....,_~....... 'M,n_' ¡The rezoning by itself should not have any direct impacts on the existing or future public facilities. The site is already ¡designated for industrial development. The development as multifamily or industrial would have comparable impacts on ¡existing or future public facilities. As part of the final site plan approval, specific concurrency determinations will be made. r L.,_...... 7.) What arc the anticipated enviromnental impacts of the proposed rezoning? If no adverse impacts are anticipated. please explain why? r-."-'-'~-' . :The rezoning by itself should not have any direct impacts on the environmental aspects of the site. The site is already ¡designated for industrial development. The development as multifamily or industrial would have comparable impacts on ¡the environmental features of the site. However, as a PUD, the amount of preservation will exceed that required under ¡standard zoning requirements. As such, the rezoning will have net positive impact on environmental preservation. t.. ~'·.._,.·.___w . 8:lY.r"ill the proposed rezoning result in an orderly and logical development pattern? Please explain. ¡The proposed zoning wUI result in an orderly and logical development pattern. With Westwood High School and the future ¡development of single family homes to the west, a transition from the commercial and industrial along Angle Road to the ¡proposed multifamily provides an even better transition to the school and adjacent single-family than does the existing ;inœ,strial designation. I ; ¡ ì f SPECIAL NOTICE (pLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional infonnation to ensure a complete review of this project. ACKNOWLEDGMENTS AppHcant Information (property Developer) Name: See attached sheet for Owner Information Phone: Fu: Agent Information Name: Mark Mathes, AICP - Lucido & Associates Address: 701 East Ocean Blvd. Stuart, FL 34994 Phone: 772-220-2100 Fu: 772-223-0220 Email: mmathes@lucidodesign.cpm Address: Property OWDer Information This application will not be considered complete without the notarized signature of all Drooertv owaen of record. which shan serve as an acknowledgment of the subDÚssion of this application for site plan approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. See owners authorization letter attached See owners authorization letter ¡attached Property Owner Silnatun Mailing Address: Property Owner Name (PIe..e Print) . '.' .... ..",";,',. f r"'~. it .;" j .I ..-. ß\. . . t, / /-, ,.t..... þ Phone: STATE OF FLO, :lW>A , ,_, . COUNTY OF .l \..0.. ,e '- L\,,'-. The foregoing instrument was acknowledged before me this ~ "t:):FF.ICEVSE ONLY Project Reviewer: ....~ .." of 'r'" ~~~ .20 ,r (.' . by 7/11( ~. who is p~t¡~~~í.Y- · o~ to rite or who has produced /l¿~ t':":''':'''DRC Review: Approval Date: as identification. Comments: "'l/~¿L~'C')LÇ:>( (~) ~_l_;~:J {Signature of Notary , )/7/1/ <";1''- 0. ( ¿;) /4,·"...') S:'- Type or Print Name of Notary Notary Public Title '¿),.;J ?/3..." VSCommission Nwnber (Seal) SHANNON D. FlEISS MY COMMISSION _ DD 283245 EXPIRES: May 18. 2008 BonGed Thru Notary Public Undllw..... ··~I;.;¡·:Ii::...'· i~' --~\ æ*: :"É ~'. - :~¡ v.~ ..... .' . " .Rf..'n\' " · . Owners Information Ft. Pierce Angle Road Trust Nile R. Lestrange, Trustee 1600 S. Federal Highway, 10th FL Pompano Beach, FL 33062 Riverstone Metzger, LLC Jim Bellinson, Managing Member 370 E. Maple Road, 3rd FL Binningham, MI 48009 CASH RECEIPTS ~ ICKET Receipt No: Misc. Planning Copies (Maps, literature, etc.) 102-1510-341902-100 PETITION NAME: \' ~ ~ .~ Site Plans, Rezoning, Etc. 102-1510-341903-100 ~~ I \ë<5"~ Code: Site Plans Re-zonings Compo Plan Amendment Land Dev. Code Text Amendment Conditional Uses Administrative Variances Variance Mobile Home (Class A) Planned Unit Development SP REZ CPA LCA CU ADV V ~mD Concurrency Fees/Planning (Referral, final dev.) 102-1510-341910-100 C. ~~ _\"'~·CC Completed By / Signature Date Completed Control No: ~ ~ í) File No. CG· Co \ R. 1. C G - 00 \ (' - , ! . '" -.. -'.-..------ -----..··-_...~._........H.........._.. _..~....... .........__..........~~_., .._.. .....-._.. LlBERM"OWN LLLP 4007-F NORBECK RD. ROCKVILlE, MD 20853 .--.. .', .-........ .. .. SANDY SPRING BANK '7801 Georgia Ave., Olney, MD 20832 www.sandyspringbank.com )bur Financial Future Begins Here. 65-109/550 00026 ~ 12/30/2005 PAY St. Lucie County Commission Two Thousand One Hundred Twenty-Five and 40/JOO·········................................Pfli......................~NT **2.125.40 ,,1000 2 b ?III ':05 500 ~O ~ b': .... TO THE ORDER OF; St. Lucie County Commission . ··-··,----Aþþ1ìëauon 'RëŸíèWfeês--'" h._ --·"....H . -'" I:DIfDl K. FIIr, Jr.. CI.EIUI: or f.. CDlCUIf CXIIIRr - IIAnIf 10DCD COIIN':r rILE' 25'!3!1 oa BDaK 2204 'AGE 2231. Reco:dad 0"05/2005 .~ 12,SI IN DDc :f_, 'I47S.0D Corporate Warranty Deed T....llldeal.,., ."".""'. 3D. 2IIDS A.D. -...... ....., CP c..... .... A ..... c.r,...... .....pIII ......... II: 3U ,...............1ub&..2DI, T..... PI. 31'''. ___.............. ......r.. - 01'..... 0_"'111._ "'...."ILt',. "'"~. ....h.. u.1III\r Cm,IIII1........IIIIa...... la, 3711... "'......... 3td..... .........1\IdoIpo 4IDIIt a.... 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TDWMhIp 35 SDUIb, llan.a4D Eu~ SI. 1.uaIc County, FlDrlda; WS BXC1IP'l1NO THI1U!FIlOM : The EallO fcctDfthaNIII1h 100 f.laflbcMW 1/4 oflheNW U4Df1llcNl1/4 DfSccllDn 7, TawnIIIIp 35 SD1IIh, a.ø.e40 Eu~ AND LESS ....SUIIS leDlDflbcMW J14 DrllleNW 114 Df....NB 114 Dr il1011l1li 7, TDWIIIhIp 35 SøuIII, Il..... 40 1!MI, IIIUIIIpIIhc )/II11II100 .......t a cIatIød ID CøunIy DrSL Luala In DIId Bøøk 82, ,... 240; AtJlO .....I1D.liøm IIw above pllUll DfllIId, aU DRllllna rI hù Df MY rar public nmII and allllDI dralnt.. ........ 1 FiJe Nlllllbcr: IO!D240 14JI-...........I- ....... - - --~ - - - - - PROPERTY RECORD CARD Thomas J Geiger (TR) Record: 1 of 1 Propt:rty Identification ""'Prev Next» Spec.Assl11nt Taxes Exemptions Permits Home Print Site Address: SecfT own/Range: Map ID: Zoning: ANGLE RD 06 :35S:40E 24/065 ParcellD: Account #: Land Use: City/Cnty: 2406-421-0001-000-2 19343 Vac Comm ST. LUCIE COUNTY ...II:\. \-uCIE CQ~ ... \ .. _ . ~ \...c ^1P~ :/ \ "'. ,.~ "',_....~~ Ownership and Mailing Owner: Address: 1600 S Fed Hwy FI10 Thomas J Geiger (TR) % Lestrange Pompano Beach FL 33062-7500 Legal Description 63540 FROM SWCOR OF NW 1/4 OFSE 1/4 RUN N 89 DEG 45 MIN 53 SEC E 55 FT TO POB, TH RUN N 00 DEG 06 More... Sales Information Date Price 6/12/1991 100 Code 01 Deed DE Assessment FV Book/Page 2005 Val: 199400 0744/2814 Assessed: 199400 Ag.Credit: 0 Exempt: 0 Taxable: 199400 TotalTax: 4225.55 Total Land and Buìlding Land Value: 199400 Acres: 32.7 Building Value: 0 Finished Area: OSqFt BUILDING INFORMATION No Sketch No Image Available Available Exterior Features View: ExtType: Grade: StoryHght: Interior Features BedRooms: FullBath: 1/2Bath: %A/C: Special Features and Yard Items Type VIS Qty. Units RoofCover: YearSI!: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHt/FI: Prm.Flors: %Sprinkled: Qual. Cond, YrBIt. Land Information No. Land Use 1 1000-Vac Comm 2 1000-Vac Comm Type 302 -Sq Feet 302 -Sq Feet Measure 712206 712206 Depth THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND 15 NOT WARRANTED. 'L~.II_____.. ___1_ ___1___ ___~___1~ .J_""A A£'A"" 1 AAA1 AA""" ""I. rJ#''''^^' II ;>; m m z ë5 » o '- m· z ;>; Z r:n ë5 » ,0 I~ 1"- U _....L,., ; ~. ---·"1 ! ¡ ~ ¡ -..-...-", "- dint Lucie County, Flori...&t Property Appraiser's - Internet Mapping Print Service 1502ft 1......_.11.._._.. ___,~ ~_~/C'+'n_:_+__... ~~_1')"_.J-C'T'71:' ".C'_'''_.J_ ø;1. Æ__" r:.J+1._A.cn 9. 1. Æ~_ u_: ~ ':! 11 .c I"nn.c ¿ u,,6'-" ... V..L J. ,,-dint Lucie County, Flori'-à Property Appraiser's - Internet Mapping Print Service 1_.......__1'-_____4 ___1_ __._/C"1,¿1~ .!__.Lu n,..., 1 nT1"'7T" n..., ~,... 'If....,.. ... .. ,_ n .... .. ....,.. , ,---, PROPERTY RECORD CARD Thomas J Geiger (TR) Record: 1 of 1 Property Identification «~Prey Next » Spec.Assnmt I axes Exemptions Permits Home Print Site Address: SecfTown/Range: Map ID: Zoning: AVI 06:35S:40E 24/065 ParcellD: Account #: Land Use: City/Cnty: 2406-431-0001-000-3 19346 Vac Comm ST. LUCIE COUNTY :\ \.\)CIE Co. ~II"~,,~ !"'2 ',' \.... A""-:A. '~' Ownership and Mailing Owner: Address: 1600 S Fed Hwy FI10 Thomas J Geiger (TR) % Lestrange Pompano Beach FL 33062-7500 Legal Description 63540 NE 1/4 OF SW 1/4 OF SE 1/4-LESS S 200 FT- AND THAT PART OF SE 1/4 OF SE 1/4 MPDAF: BEG ATNW More... Sales Information Date Price Code 6/12/1991 100 02 Deed DE Assessment FV Book/Page 2005 Val: 194100 0744/2814 Assessed: 194100 Ag.Credit: 0 Exempt: 0 Taxable: 194100 TotalTax: 4113.21 Total Land and Building Land Value: 194100 Acres: 24.2 Building Value: 0 Finished Area: 0 SqFt BUILDING INFORMATION No Sketch No Image Available Available Exterior Features View: EXtType: Grade: StoryHght: Interior Features BedRooms; FullBath: 1/2Bath: %AlC; Special Features and Yard Items Type Y/S Qty. Units RoofCover: YearSIt: EffYrBIt: NO.Units: RoofStruct: Frame: PrimeWall: SecWall: Electric: HeatType: HeatFuel: %Heated: PrmlntWall: AvgHt/FI: Prm.Flors: %Sprinkled: Qual. Condo YrBI!. land Information No. Land Use 1 1000-Vac Comm 2 1000-Vac Comm Type 310 -Sq Feet 302 -Sq Feet Measure 74866 979286 Depth THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. L~.II.._._.. ___1_ __~/___ ___l)___1:':¡-"1If\~1I'J 1 f\f\f\1 f\f\f\'J '1/111 '" nn/;. .... ..iint Lucie County, Florit...4 Property Appraiser's - Internet Mapping Print Service -----......,......~......,.,..,.,......'..._-.. ,"'''''." ! I ¡ -_.....~. _........~....-......,-....,.,-<',... --':,;.,_....""'......~, o 1 '3ft 1,.++....//",,,,u, ..."..,1,. n..n/~,iTP...;..i-n'''u, oco",?r""'rl=«;;:T7P Ã'T«;;:..1r"",rl=Rr l\A<n'\ UT;t1th=<i1f.\Q,e,.l\A~nJ..Jp;n i/1 f.\/?OOI\ PROPERTY RECORD CARD R;verstone Metzger LLC Record: 1 of 2 Property Identification «~Prey Next » Spec.Assmnt : "xes Exemptions Permits Home Print Site Address: SecITown/Range: MaplD: Zoning: 4508 METZGER RD 06:35s:40E 24/065 ParcellD: Account #: Land Use: City/Cnty: 2406-432-0001-000-6 19347 AG TRANSFER ST. LUCIE COUNTY .," ".<~' Sll~ \.\)CIE ~(),"~,'" ~ ,. \~ A~~ '~~ Ownership and Mailing Owner: Address: Riverstone Metzger LLC 370 E Maple Rd Birmingham MI 48009 Legal Description 63540 SW 1/4 OF SW 1/4 OF SE 1/4 AND NW 1/4 OF SW 1/4 OF SE 1/4(41) (18.12 AC) (OR 2204-2238) Sales Information Date Price 3/3012005 925000 7/17/1995 412200 8/1/1988 530000 Code 02 02 02 Deed we we CV Book/Page 2204 / 2238 0965 / 2942 0602 / 0500 Assessmr,nt FV 2005 Val: 205149 Assessed: 69696 Ag.Credit: 135453 Exempt: 0 Taxable: 69696 TotalTax: 1476.94 Total Land and Building Land Value: 157849 Acres: 18.12 Building Value: 47300 Finished Area: 2357 SqFt BUILDING INFORMATION . No Image ....".. (IIIl) ",c.. (U.) Available Exterior Features View: Roof Cover: AS - Asb Shingles RoofStruct: GA - Gable EXtType: HD - HD YearBIt: 1940 Frame: Grade: D-D EffY rBIt: 1970 PrimeWall: SB - Abs Shingle StoryHght: 0020 - 2 Story No,Units: SecWall: Interio,r Features BedRooms: 4 Electric: AV-AVERAGE PrmlntWall: WB-WB FullBath: 2 HeatType: AvgHt/FI: STD 1/2Bath: HeatFuel: Prm.Flors: SP - Sing Pine %A/C: 0 %Heated: 0 %Sprinkled: 0 Special Features and Yard Items Land Information Type VIS Qty. Units Qual. Condo YrBIt. No. Land Use Type Measure Depth 3CNT - 3CNT S 1 AV AV 1970 1 6999-AG 301 -MarketSqFt 745747 TRANSFER 2 0100-SF Res 301 -Sq Feet 43560 3 BL01-BASIC N -Class Acres 17.12 LAND More... THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. 1..__.11"_._00 __~1~ ~_~/___ _~_1)___1:~-1 A 1\";: A '211\1\{\ 1 {\{\I\";: 1 /1 .,1/')()()h ....Aint Lucie County, Flori~..t Property Appraiser's - Internet Mapping Print Service I .... m z ~ z (t¡ è: > o , ----_.-...-..........,_...--.~..-'~..y o .H;.,o:,..;~¡""";;:' "'" 459ft ···".."'"..~<"..·~.,.·.·E§3~œ. ',....¡g.. ~......... " "'. , .... .. ." " " . ; - .~.". .,.,.,.-,.,.-',','-... ': . . . ~ ..; .., '. . .. ~ ,. ..: " ,J::III¡B,._,..IJTITL,.; . === (......"......'."'..."..... FF Eí I ~ ..~ '.....,.... .....,.__..,'".,",':,:...."..~ , f -,....,,-...-.''",' L...._. 11._____. ___1_ ___/CO..ln"':_"__n. ___I')'-'_..J_COT'7L' D.CO_I'-'_..J_ D.lI A' __ ",: ..J..1.._AJ::n ".1\A__U~: ~ ') 11 J:: I")f\ne:. ... .tint Lucie County, Flori~-, Property Appraiser's - Internet Mapping Print Service J........../I.........._·n _,,~1.... ___/C'+1D_~_..._~...y ........_'1,...,_...I_C"T'7D Ø...C"_I,...._..J_ Ð_~ 6__'11= ,..J"L_AlCn 0_. A__ TT_:_ ~ /1 E ,,,,,nf\£ GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: FROM: Bob Nix, AICP Director of Growth Management Hank FloreS.~hairman - Development Review Committee DATE: SUBJECT: March 20, 2007 Petition of Ft. Pierce Angle Road Trust and Riverstone Metzger, LLC. through agent Lucido & Associates for Preliminary Planned Unit Development Site Plan approval for the project to be known a~ The Preserve. Pursuant to Section 11.02.05(A)(4), St. Lucie County Land Development Code, the Development Review Committee would like to advise you that the above referenced . Planned Unit Development, a proposed 99 lot subdivision located on the east side of South 25th Street, approximately 0.17 miles north of West Midway Road has been determined to meet all applicable provisions of Section11.03.03, of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the Provisions of Section 11.02.05(A)(5) of the St. Lucie County Land Development Code, staff is requesting that you place this item for public hearing before the St. Lucie County Board of County Commissioners meeting of March 20, 2007, for their recommendation. Attached are the Staff Memorandum and supporting documentation for the proposed project. Please let me know if you have any questions. cc: Mark Mathes. Lucido & Associates Jan Stewart County Attorney File Jan L Stewart P A 301 924 2556 JJ Partnership 3413 Olandwood Court, Suite 203 Olney, Maryland 20832 (301) 924-4422 May 17, 2007 Charles Grande, County Commissioner $1. Lucie County - District 4 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Re: The PreseJve Dear Charles: Our Application for Preliminary Plan Approval is currently scheduled to be heard at the June 5th public hearing. However, due to circumstances beyond our control, including the current difficult times facing the housing sector, we are currently in the process of evaluating our time-line in connection with proceeding with the further development of the Preserve. I have discussed this matter with Dan McIntyre, the County Attorney, and based upon that discussion my partner and I have detennined the best course of action at this time is to ask you and the other Commissioners to continue our Application for Preliminary Plan Approval to a date uncertain. Accordingly, I am contacting Growth Management to request a continuance to a date uncertain. I expect that in the upcoming months my partner, John DiSalvatore, and I will be coming forward to resume and complete the Preliminary Plan Approval process. 'ank you. 1~~ \ ' ¿~ JaÍ1 Stewafr'" \ i\ \. :' ~: \I ? , \- r·'~"· :-\1 r ' , "y...., r'; l~;"',·~··,,,, \'-' JJ Partnership 3413 Olandwood Court, Suite 203 Olney, Maryland 20832 (301) 924-4422 May 17, 2007 Chris Craft, County Commissioner 81. Lucie County 2300 Virginia Avenue F1. Pierce, Florida 34982-5652 Re: The Preserve Dear Chris: Our Application for Preliminary Plan Approval is currently scheduled to be heard at the June 5th public hearing. However, due to circumstances beyond our control, including the current difficult times facing the housing sector, we are currently in the process of evaluating our time-line in connection with proceeding with the further development of the Preserve. I have discussed this matter with Dan McIntyre, the County Attorney, and based upon that discussion my partner and I have determined the best course of action at this time is to ask you and the other Commissioners to continue our Application for Preliminary Plan Approval to a date uncertain. Accordingly, I am contacting Growth Management to request a continuance to a date uncertain. I expect that in the upcoming months my partner, John DiSalvatore, and I will be coming forward to resume and complete the Preliminary Plan Approval process. Th~ you. ~\ \\ \\ -P- J an'Stewart "\ J '\. '¡ .~;: ~. /i R ~')'-~~>r- -:} "'¿j' .p·d SSSZ VZ6 IDE ~ d +~ema+s l uer - . THE LA W OFFICE OF JAN L. STEWART, P .A. JAN L. STEWART 3413 OLANDWOOD COURT, SUITE 203 OLNEY. MARYLAND 20832 (301) 924-4422 FAX NO. (301) 924·2556 FACSIMILE TRANSMISSION DATE: ~\-~01 rt I ?J::.è,·;r¡ ... . .. ^ [L &'V \.~\.\.SS{C'VV:~,{~ ~ç-a~l-" r\ 1tMttM-) TIME: AI~t; ~., oJ \_, TO: COMPANY: TELEFAX # I ::rl'-l-/4~~- 2j~ \ ; ,--., I ¡ ~.¡+r; I ," ~ r::'+ --' ~""\:....;."-~",, ~1 'J FROM: ..--;-' \ ~'" ~ __..._iV '- f) t i £S-Q,,("\';~e... RE: -\ \ l\... €- 7 ~ Number of pages including this page: , \ c:::'i -,iJ~ I' \".. ¡ .-* d.1\Ci0Vt~, Comments: ,......, If you do not receive any or part of'{Ii~i";bove ?age~¡yÞleaj call our Jim at (301)924-4422 and ask for ?w\.~n7'r'\ ~t'~.Æ..~·:Y CONFIDENTIALITY NOTICE The information in this fax message is attorney-privileged and confidential; and is intended only for use ofthe i[ldividual or entity named above, If you are not the intended recipient or someone who is responsible for delivering it to the intended recipient. you are hereby notified that any use, distributio!J or copying of this message is strictly prohibited. If you have received this message by mistake, please call us immediately, and retum the message to us via the U.S. Postal Service, Thank you. 17' E'd 9552 Þ26 IDE 8 d ~~ema~s ì uer To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED c:::J OTHER Agenda Request Item Number Date: Consent Regular Public Hearing Leg. [ ] 8() 06/05/07 [ ] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management Presented By Growth Management Director Petition of St. Lucie Oaks Commercial, LLC, for a Change in Zoning from the CG (Commercial, General) and PNRD (Planned Non-Residential Development - S1. Lucie Oaks) Zoning Districts to the PNRD (Planned Non-Residential Development - S1. Lucie Oaks Commercial) Zoning District and Preliminary Planned Unit Development Site Plan approval, for the project to be known as S1. Lucie Oaks Commercial - PNRD. The proposed development consists of a four-story, eighty-eight (88) room hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet, and an office space building consisting of 9008 square feet, on 4.64 acres. Draft Resolution No. 07-002. (File No.: PNRD / PUD 06-018) St. Lucie Oaks Commercial, LLC, has applied for a Change in Zoning from the CG (Commercial, General) and PNRD (Planned Non-Residential Development - S1. Lucie Oaks) Zoning Districts to the PNRD (Planned Non-Residential Development - S1. Lucie Oaks Commercial) Zoning District and Preliminary Planned Unit Development Site Plan approval, to be known as S1. Lucie Oaks Commercial - PNRD. The petitioner is proposing the development of a four-story, eighty-eight (88) room hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet, and an office space building consisting of 9008 square feet, on 4.64 acres. The property is located on the west side of South U.S. Highway No.1, approximately 1,500 feet north of Riomar Drive, Port S1. Lucie. N/A At the March 6, 2007, public hearing on this matter, the S1. Lucie County Board of County Commissioners, moved to continue the review of the proposed project to the June 5, 2007 Commission Meeting, in order for the applicant to review the layout of the submitted Site Plan and submit changes to address the issues raised by the Board. The issues raised by the Board included additional buffering between the existing multi-family development to the west of the proposed hotel on site or relocation of the hotel; Provision of a deceleration or turn lane into the project along U.S. Highway 1 or closure of the southern entrance to the project site; Provision of additional parking spaces for the restaurant area. Minutes of the March 6, 2007 BOCC meeting are included in this addendum. Staff recommends approval of Draft Resolution No. 07-002, granting a Change in Zoning from the CG (Commercial, General) and PNRD (Planned Non-Residential Development - S1. Lucie Oaks) Zoning Districts to the PNRD (Planned Non-Residential Development - S1. Lucie Oaks Commercial) Zoning District and Preliminary Planned Development Site Plan approval, with the limiting conditions stated in the Draft Resolution. CO RENCE: D DENIED ':":).//" ~"4' County Attorney ~?' Growth Managemen~ Dept.: Approved S-O Motion Finance: to continue to August T" at 6:00 p.m. or as soon thereafter as possible. ouglas M. Anderson County Administrator Coordination! Signatures Mgt. & Budget: ERD: Engineering: j'¡/¡VP I Purchasing: County Surveyor: ~~/f/' Originating Dept.: Finance: 1~/..:¡ Environ. Res. Division: Road & Bridge Division Other' Commission Review: June 5, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Growth Management Director, Bob Nix AICP FROM: DATE: SUBJECT: Lisa Wargo, Sr. Planner June 5, 2007 Petition of St. Lucie Oaks Commercial, LLC, for a Change in Zoning from the CG (Commercial, General) and PNRD (Planned Non-Residential Development - St. Lucie Oaks) Zoning Districts to the PNRD (Planned Non-Residential Development - St. Lucie Oaks Commercial) Zoning District and Preliminary Planned Development Site Plan approval, to be known as St. Lucie Oaks Commercial- PNRD. Draft Resolution No. 07- 002 The petitioner, St. Lucie Oaks Commercial, LLC, is proposing the development of a four- story, eighty-eight (88) room hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet, and an office space building consisting of 9,008 square feet, on 4.64 acres. The property is located on the west side of South U.S. Highway No.1, approximately 1,500 feet north of Riomar Drive, Port St. Lucie. This memorandum provides an addendum to the previously submitted material addressing the recommendations resulting from the Board of County Commissioners March 6, 2007 meeting and revisions made to the Site Plan submitted by the applicant since the Board meeting. At the March 6, 2007, public hearing on this matter, the St. Lucie County Board of County Commissioners moved to continue the review of the proposed project to the June 5, 2007 Commission Meeting, or as soon thereafter as possible, in order for the applicant to review the layout of the submitted Site Plan and submit changes to address the issues raised by the Board. The issues raised by the Board included the following; The need for additional buffering between the existing multi-family development to the west of the proposed hotel onsite or the relocation of the hotel; The need for a deceleration lane into the project's southern entrance along South U.S. Highway 1 or the closure of the southern entrance into the project site; The need for additional parking spaces surrounding the restaurant area. The motion to continue carried unanimously. Minutes of the March 6, 2007 BOCC meeting are included in this addendum. The applicant has opted not to change the layout design of the project, but has submitted an updated Landscaping Plan that proposes an increase in the number, height, and canopy width of the trees to be planted between the proposed hotel and adjacent multi-family development to June 5, 2007 Page 2 Subject: Resolution No. 07-002 File No.: S1. Lucie Oaks Commercial Preliminary PNRD -06-018 enhance screening between the two projects. The applicant has also provided additional landscape buffering along the South U.S. Highway 1 property boundary. Staff is satisfied with the amount of landscape buffer screening provided by the applicant onsite. The applicant has redesigned the Site Plan to include a 24 foot easement that was originally conveyed to FDOT and conveyed back to the applicant. The 24 foot easement was used to construct 7 additional parking spaces adjacent to the restaurant. The legal description for the property has been updated reflecting the addition of the 24 foot easement and is included within this addendum. The proposed project requires a total of 188 parking spaces. The total number of spaces provided by the applicant is 202, 14 more spaces than the Land Development Code requires, and an increase of 7 spaces from the previous 195 spaces provided. Staff has considered that 15 additional parking spaces are available for use to the restaurant and office space within 150 feet from the entrance to both buildings, adjacent to the northern entrance of the development in the hotel parking area. Staff is satisfied with the number of spaces provided for the project. The proposed project's South U.S. Highway 1 entrance and curb cuts located off South U.S. Highway No. 1 were originally below St. Lucie County Land Development Code Standards since the entrance was located only 25 feet from the adjacent Sun Trust Bank entrance to the south. The applicant has opted not to close the South U.S. Highway 1 entrance into the project site and has entered into an agreement with the adjacent Sun Trust Bank to close the Bank's entrance off South U.S. Highway No.1, and construct a shared / cross access for the proposed and existing establishments through the applicant's southern entrance. The applicant has provided an updated survey for the site that shows one transmission and one distribution utility poles located along the South U.S. Highway 1 boundary of the proposed project site. The applicant feels that the relocation of the concrete utility poles would impose an economic hardship on the applicant and the project. The County Engineer and County Surveyor have determined that the construction of a tum lane or deceleration lane into the project site would not be economically feasible since this would include the relocation of the utility poles. Staff does not have the required survey analysis in order to determine whether a deceleration lane into the project is possible. Staff recommends that the Site Plan be amended to show the closure of the South U.S. Highway 1 entrance into the project and the applicant utilize the existing access easement connection to Brazilian Circle to exit the property to the south. Staff recommends approval of the Preliminary Site Plan, the approval being effective once the revised Site Plan is received and reviewed by County Staff. At the time of Final PNRD application, the applicant will be required to provide a Traffic Impact Analysis that includes a Queuing Analysis for both the length of project frontage along South U.S. Highway 1 and the southern entrance throat-depth in order to determine whether the two criteria pose a safety hazard and warrant the construction of a deceleration lane into the project site. The applicant is also required to provide the necessary fees for review of the traffic analysis by a County Traffic Engineering Consultant. An economic feasibility report for the relocation of the transmission and distribution poles would be required as part of the applicant's report. June 5, 2007 Page 3 Subject: Resolution No. 07-002 File No.: St. Lucie Oaks Commercial Preliminary PNRD -06-018 Attached are the Staff Report, DRC comments, and Draft Resolution No. 07-002 for the proposed project. Please contact this office if you have any questions on this matter. SUBMITTED: íJ rI- /1/~ Bob Nix, AICP Growth Management Director St. Lucie Oaks Commercial2ßd Site Plan Transmittal Master Checklist Primary Distribution Sent Received Environmental Resources Department, Amy Mott: Y y Public Works Surveyor - Ron Harris: y y Road, Bridge, & Transportation - Debra Spivy: y y Stormwater Management - Mike Halter: Y y General Engineering - John Frank: Y y County Engineer - Mike Powley Y y Zoning Supervisor - Paula Bushby: NA Attorney / Prop Acquisition - JoAnn Riley: y y Sheriff s Department - Major Monahan: NA St Lucie County Fire District - Captain Derek Foxx: Y Y Ft Pierce Farms/North St Lucie Water Control District - Ray Garcia: NA Property Appraiser's Office - Joycelyn Boyce NA IF AS - Jefftey Gellermann: NA Residential Only School Board of St Lucie County - Marty Sanders: NA Community Services (Transit) - Sebastian Gomez NA Geoe:raphical Based St Lucie County Utility Department - Laurie Case: y y Airport Authority - Diana Lewis: NA City of Ft Pierce - Beach/Recor: NA City of Port St Lucie - Cheryl Friend: NA Ft Pierce Utilities Authority - David Mellert: NA Education and Research Authority - Jane Bachelor: NA Transportation Planning - Andrew Riddle NA May 22, 2007 CERTIFIED LETTER Robert A. Burson P.O. Box 1620 Stuart, FL 34995 RE: St. Lucie Oaks Commercial Final DRC Review Comments Dear Mr. Burson: The St. Lucie County Development Review Committee (DRC) has reviewed the documentation the applicant submitted for Site Plan approval for the above referenced project. The comments listed below are based on the Committee's review of the project. Lisa Warao. Sr. Planner. Growth Manaaement 5-22-07 1) Planning Staff is satisfied with the addition of landscaping along the boundary of the proposed hotel and the neighboring multifamily development to bolster screening between the two developments. The applicant has also provided extra landscaping along South U.S. Highway 1 for additional screening. 2) Planning Staff is satisfied with the number of parking spaces provided for the project. The applicant has provided 7 additional parking spaces for the restaurant area and Staff has determined that with the additional 15 parking spaces located within the hotel parking area and located only 150 feet from the restaurant, the applicant has provided adequate parking for the project site. 3) The Board requested that the applicant incorporate a deceleration or turn lane into the southern access of the project along U.S. Highway 1 as part of the project's engineering design. The applicant has stated that having to relocate the concrete utility poles located along the boundary of the property at South U.S. Highway 1 would place an economic hardship upon the applicant and the project. Staff agrees with the applicant that a turn lane would not be economically feasible. Staff does not have the necessary information (surveys, analysis) to determine whether the construction of a deceleration lane would be possible. 4) Staff recommends the closure of the South U.S. Highway 1 entrance, as a condition of approval within the resolution. John Frank - Engineering 5-21-07 Please submit a letter along with the Site Plan drawing requesting that no turn lanes be installed on US 1 siting the obstructions in your way, the cost (if required) to remove and time frame it would take. Ron Harris - County Surveyor 5-17-07 Boundary and Topographic Survey Previous comments have been addressed. Site Plan Previous BOCC meeting the developer was asked to provide a right turn lane. The re-submitted site plan does not indicate a turn lane. Based on the data shown on the Boundary and Topographic survey the construction of a right turn lane will be difficult if not impossible. The existing concrete power poles adjacent to the right of way line will prevent the construction of a turn lane which would meet the FOOT criteria. The cost to relocate the concrete power poles would be extreme. Yvette Alger. Environmental Resource Department 5-23-07 The conditions of approval from the original site plan development resolution still hold, and are as follows: 1) Prior to issuance of a St. Lucie County Vegetation Removal Permit, the applicant must provide ERD with a final wetland determination, delineation, and avoidance/minimization/mitigation measures approved by jurisdictional agencies. 5/23/07 - CONDITION OF APPROVAL 2) Prior to issuance of a SLC Vegetation Removal Permit, the applicant must provide ERD with a copy of a draft Eastern indigo snake protection plan, adherent to FWS guidelines, for our review. The plan, once approved, must be adhered to during all vegetation removal and construction activities. 5/23/07 - CONDITION OF APPROVAL 3) The revised plans show approximately 21 fewer red maples and 1 less cypress around the stormwater detention area. Please add back in the maples and cypress as shown on the plans approved by the BOCC. 5/23/07 - ADDRESSED 4) The plans do not show the locations where the relocated cabbage palms are to be planted. Please include these proposed locations on the landscape plan. Relocated cabbage palms cannot count toward required landscaping, but by relocating these palms on-site, no mitigation will be required. 5/23/07 - ADDRESSED 5) At the location of the new US1 entrance and Sunbank connection, the plans now show two trees and associated shrubs being planted on top of the pavers. Please shift these plantings to either side of the east-west Sunbank connection drive. 5/23/07 - ADDRESSED Mike Halter - Stormwater 5-10-07 1) A St. Lucie County Stormwater Permit is required in accordance with Sections 7.07.00 and 11.05.07 of the S.L.C. Land Development Code prior to any construction or development activity on site. Contact the Code Compliance Division for applications and fees at (772) 462-1553 or go to www.co.st-lucie.fI.us for on-line permit applications. 2) A South Florida Water Management District Environmental Resource Permit is required. 3) A North St. Lucie River Water Control District drainage connection permit is required. 4) Prior to Final Approval, please revise the Impervious Area calculations on the Site Plan to match the stormwater calculations provided within the stormwater report. Doreen Hernandez - Stormwater Maintenance Supervisor 5-10-07 From previous comments dated: 09/06/2006, we have no further comments at this time. Janet liCausi. Property ACQuisition Division 5-18-07 We received the updated survey and have no further comments Captain Derek Foxx. Saint Lucie County Fire District 5-17-07 Site Plan Approved. Ray Murankus. St. Lucie County Utilities 5-17-07 The proposed St. Lucie Oaks Commercial project is located within the PSLU service area. An agreement between the developer and PSLU will be required for water and wastewater utilities service. Please contact me with any questions related to this report. Sincerely, Lisa Wargo Sr. Planner Growth Management Dept. St. Lucie County, FL WarqoL@stlucieco.qov 772.462.1580 Cc: Moris Crady, Lucido and Associates File GROWTH MANAGEMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Bob Nix, AICP, Director of Growth Management FROM: Lisa Wargo, Sr. Planner DATE: May 22, 2007 SUBJECT: Petition of St. Lucie Oaks Commercial, LLC, for a Change in Zoning from the CG (Commercial, General) and PNRD (Planned Non-Residential District - St. Lucie Oaks) Zoning Districts to the PNRD (Planned Non- Residential Development - St. Lucie Oaks Commercial) Zoning District and Preliminary Planned Development Site Plan approval to be known as St. Lucie Oaks Commercial - PNRD. Draft Resolution No. 07-002. Pursuant to Section 11.02.05.A.4.b, St. Lucie County Land Development Code, the Development Review Committee would like to advise you that the above referenced Planned Unit Development has not been determined to meet all applicable provisions of Section 11.02.07, of the St. Lucie County Land Development Code. The proposed development consists of a four-story, eighty-eight (88) room hotel consisting of 56,991 square feet, a restaurant consisting of 4,613 square feet, and an office space building consisting of 9,008 square feet, on 4.64 acres. The property is located on the west side of South U.S. Highway No.1, approximately 1,500 feet north of Riomar Drive. At the March 6, 2007, public hearing on this matter, the St. Lucie County Board of County Commissioners, moved to continue the review of the proposed project to the June 5, 2007 Commission Meeting, in order for the applicant to review the layout of the submitted Site Plan and submit changes to address the issues raised by the Board. The issues raised by the Board included additional buffering between the existing multi- family development to the west of the proposed hotel onsite or the redesign and relocation of the hotel onsite; Provision of a deceleration or turn lane into the project along U.S. Highway 1 or closure of the southern entrance into the project site; Provision of additional parking spaces for the restaurant area. Minutes of the March 6, 2007 BOCC meeting are included in this addendum. The applicant has opted not to change the layout design of the project, but has provided additional landscape buffering along the western boundary of the project in order to provide greater screening between the proposed hotel and the neighboring multifamily development. The applicant increased the number, height and crown width of the trees proposed for planting in that area, and provided additional landscaping along South U.S. Highway 1. Staff is satisfied with the amount of landscape buffer screening provided by the applicant onsite. The proposed project requires a total of 188 parking spaces. The total number of spaces provided by the applicant is 202, an increase of 7 spaces from the previous 195 spaces provided. The applicant incorporated the additional 7 spaces along the restaurant area where it was needed the most. Staff is satisfied with the number of spaces provided for the project. The applicant has opted not to close the South U. S. Highway 1 entrance into the project site and has redesigned the southern entrance into the project site to include a shared I cross access from the Sun Trust Bank to the south of the project, north into the project site, and proposes the closure of the Sun Trust Bank access off South U. S. Highway 1 which was originally below Land Development Code Standards because it lacked adequate spacing between the two driveway entrances. The Board requested that the applicant provide a deceleration or turn lane into the project along South U.S. Highway 1 during the March 6, 2007 meeting because the high volume of traffic generated by the South U.S. Highway 1 driveway may create a potential safety hazard when attempting to enter the proposed project. The applicant has pointed out that one transmission and one distribution utility poles exist along the South U.S. Highway 1 boundary of the proposed project site and the relocation of the concrete utility poles would not be economically feasible. The County Engineer and County Surveyor have determined that the construction of a turn lane or deceleration lane into the project site would not be economically feasible since this would include the relocation of the utility poles. Staff does not have the required information in order to determine whether a deceleration lane into the project is possible. Staff recommends that the Site Plan be amended to show the South U.S. Highway 1 entrance to the project closed, and the applicant utilize the existing access easement connection to Brazilian Circle to exit the property to the south. Staff recommends approval of the Preliminary Site Plan, the approval being effective once the revised Site Plan showing the closure of the South U.S. Highway 1 driveway connection is received and approved by County Staff. If the recommended condition to close the South U.S. Highway 1 driveway connection is not accepted, Staff recommends denial of the current Site Plan, and the applicant will be required to provide a Traffic Impact Analysis that includes a Queuing Analysis for both the length of project frontage along South U.S. Highway 1 and the South U.S. Highway 1 entrance throat-length in order to determine whether the two criteria pose a safety hazard and warrant the construction of a deceleration lane into the project site. Attached are the Staff Report, DRC comments, and Draft Resolution No. 07-002 for the proposed project. Please contact me if you have any questions. Lisa Wargo Sr. Planner Growth Management Dept. St. Lucie County, FL 1 ST. LUCIE OAKS COMMERCIAL - PNRD 2 ST AFF REPORT 3 4 To: Board of County Commissioners 5 6 Prepared by: Lisa Wargo, Sr. Planner 7 8 Item: Resolution No. 07-002 9 10 Project:St. Lucie Oaks Commercial PNRD - 06-018 11 12 Date: May 22, 2007 13 14 GENERAL INFORMATION 15 16 Applicant: St. Lucie Oaks Commercial, LLC 17 18 Contact Person: Robert Burson, ESQ. 19 20 Phone: (772) 286-1616 21 22 Requested Action: Petition for a Change in Zoning from the CG (Commercial, 23 General) and PNRD (Planned Non-Residential Development - St. Lucie Oaks) 24 Zoning Districts to the PNRD (Planned Non-Residential Development - St. Lucie 25 Oaks Commercial) Zoning District and Preliminary Planned Unit Development 26 Site Plan. 27 28 Purpose: For the development of an eighty-eight (88) room hotel consisting of 29 56,991 square feet, a 4,613 square foot restaurant, and 9,008 square foot office 30 building, on a total of 4.64 acres. 31 32 Location: The property is located on the west side of South U.S. Highway No. 33 1, approximately 1,500 feet north of Riomar Drive, Port St. Lucie. 34 35 Size: 4.64 Acres 36 37 Existing Land Use and Zoning: CG (Commercial, General) and PNRD 38 (Planned Non-Residential Development - St. Lucie Oaks) Zoning Districts, 39 Future Land Use designation of COM (Commercial). 40 41 Surrounding Land Use and Zoning: 42 North: CG Zoning District, CG (Commercial General) Land Use. 43 South: CG Zoning District, CG (Commercial General) Land Use. 44 East: CG Zoning District, Commercial and RU (Residential Urban 5 du/acre) 45 Land Uses. May 22,2007 Page 2 of 7 File No.: 81. Lucie Oaks Commercial PNRD - 06-018 Resolution No, 07-002 1 West: PUD - St Lucie Oaks Residential, RM (Residential Medium 9 du/acre) 2 Land Use. 3 4 Comprehensive Plan (Requested I Required waivers and variances): No 5 waivers or variances have been requested, however, approval is based on 6 limiting conditions. 7 8 File Date: November 7,2006 9 10 11 SPECIAL INFORMATION: 12 13 Public Utilities Providers: The proposed PNRD is within the Urban Service 14 Boundary and utilities will be provided by The City of Port St. Lucie Utilities 15 System. The applicant has requested Certificate of Capacity Deferral. 16 17 Public Services Providers: Emergency Medical Services (EMS) will be 18 provided by the St. Lucie County Fire District. The closest fire station is within 3 19 miles of the project site. Since the proposed project consists of a hotel and 20 restauranUoffice space building, it is not anticipated to have an impact on 21 surrounding schools. 22 23 24 BACKGROUND INFORMATION: 25 26 ANALYSIS: 27 28 Previous Actions: The applicant petitioned for a Change in Zoning from the CG 29 and PNRD zoning districts to the PNRD zoning district and Preliminary Planned 30 Unit Development Site Plan approval before the Board of County Commissioners 31 on March 6, 2007. Commissioner Grande requested that the applicant attempt to 32 provide a deceleration lane into the project along South U.S. Highway. 33 Commissioner Craft and Commissioner Coward requested that the applicant 34 increase the amount buffer provided between the proposed hotel and the 35 existing, neighboring apartment complex to the west of the proposed project, or 36 consider the relocation of hotel. Commissioner Craft questioned whether the 37 southern entrance into the site was actually needed and recommended that the 38 entrance be closed. Ms. Pamela Hammer of the Planning and Zoning Board 39 addressed the Board and stated she had a problem with the site plan and the 40 curb cuts, in addition to too much parking at the hotel and not enough parking for 41 the restaurant. Commissioner Lewis stated that she believed that the current 42 entrance to the project off South U. S. Highway 1 would not be a problem. The 43 Board suggested that the applicant take time to improve the site plan. The Board 44 moved to continue the review of the proposed project on June 5, 2007 at 6:00 45 p.m. or as soon thereafter and the motion carried unanimously. 46 May 23, 2007 Page 3 of 7 File No.: 81. Lucie Oaks Commercial PNRD - 06-018 Resolution No. 07-002 1 Current Zoning: CG (Commercial General) and PNRD (Planned Non- 2 Residential Development). 3 4 Proposed Zoning: PNRD (Planned Non-Residential Development) A portion of 5 the proposed development site is currently zoned Commercial General Zoning 6 District. In the interest of the proposed use of the site as a hotel, office / retail 7 space and restaurant, the applicant has requested that the entire site be rezoned 8 as Planned Non-Residential Development (PNRD) to provide compatibility with 9 surrounding development and conformity in zoning within the entire project site. 10 11 Compliance with Comprehensive Plan: The proposed development is 12 consistent with the permitted uses of the requested PNRD zoning district in order 13 to facilitate the development of a hotel, restaurant, and office / retail building 14 space. The proposed development is located at a high transportation access 15 point and is designed with the hotel to the rear of the site, with the proposed 16 restaurant and office space located adjacent to South U.S. Highway 1 where 17 higher traffic levels are more likely to exist. However, the Board of County 18 Commissioners requested that the applicant provide a turn lane or deceleration 19 lane into the project's southern entrance at the March 6, 2007 meeting, and the 20 applicant stated that he was not able to provide a lane due to the presence of a 21 transmission and distribution concrete utility towers along the easement strip. 22 The applicant has provided an updated Boundary Survey showing the location of 23 two (1 transmission and 1 distribution) utility poles to the County Surveyor and 24 Engineer for their review. The County Surveyor and Engineer have determined 25 that the relocation of the concrete utility poles for the construction of a turn lane 26 would place an economic hardship on the applicant. As proposed, Staff has not 27 determined that the proposed development provides vehicular access points 28 designed to permit smooth traffic flow with controlled turning movement and 29 minimum hazards to vehicular or pedestrian traffic, to meet the standards of 30 Sections 7.02.03.0.2 and 7.02.03.0.3 of the St. Lucie County Land Development 31 Code. Staff recommends that the Site Plan be amended to show the closure of 32 the southern entrance into the project and the applicant utilize the existing 33 access easement to Brazilian Circle to exit the property to the south. If this 34 condition is met, Staff recommends approval of the Preliminary Site Plan, the 35 approval being effective once the revised Site Plan showing the closure of the 36 South U.S. Highway 1 driveway connection is received and approved by County 37 Staff. 38 If the recommended condition to close the South U.S. Highway 1 driveway 39 connection is not accepted, the Site Plan would not meet the standards of 40 Sections 7.02.03.0.2 and 7.02.03.0.3 of the St. Lucie County Land Development 41 Code, and Staff would recommend denial of the current Site Plan, and the 42 applicant will be required to provide a Traffic Impact Analysis that includes a 43 Queuing Analysis for both the length of project frontage along South U.S. 44 Highway 1 and the South U.S. Highway 1 entrance throat-length in order to 45 determine whether the two criteria pose a safety hazard and warrant the 46 construction of a deceleration lane into the project site. May 23, 2007 Page 4 of 7 File No.: 81. Lucie Oaks Commercial PNRD - 06-018 Resolution No. 07-002 1 2 The proposed project meets the open space requirements of the code (20%), by 3 providing 61,867 square feet (30%) of open space area. 4 5 Compatibility with Neighborhood: Staff has determined that the existing land 6 use designation is compatible with the requested zoning change to PNRD and 7 the proposed uses. The surrounding land uses consist of Commercial General 8 zoning districts to the north, east, and South, Rural Urban Zoning District to the 9 east, and Planned Unit Development (PUD) I Residential Medium (apartment 10 dwellings) to the west of the proposed site. The proposed project will provide 11 employment for the surrounding community in addition to providing an additional 12 eating establishment and hospitality lodging for the neighboring community. 13 14 Environmentally Sensitive Areas: The site has been previously altered 15 through development and biological assessments performed onsite did not reveal 16 the presence of protected species, their habitat, or impacts to any jurisdictional 17 wetlands. The applicant has performed all the necessary mitigation through the 18 County's ERD for impacts to native vegetation. 19 20 Natural Hazards: One-third of the existing and proposed development site is 21 within the 500 yr. Flood Plain, two-thirds of the existing and proposed 22 development site is outside the 500 yr. Flood Plain. Drainage will be handled 23 through a master drainage system which requires permits from the South Florida 24 Water Management District (S.F.W.M.D.), St. Lucie County, and the North St. 25 Lucie River Water Control District. The applicant has applied for and is in the 26 review process of these permits. 27 28 Soils: The subject property consists of the following soil series; 29 30 Lawnwood sand: Water tables are within a depth of 10 inches for 1 - 4 months 31 of the year and 10 - 40 inches the rest of the year. 32 This soil series exhibits a high potential for dwellings without basements, small 33 commercial buildings, local roads and streets. 34 35 Malabar fine sand: Water tables are at a depth of less than 10 inches for 2 - 6 36 months and 10 - 40 inches the rest of the year. 37 This soil series exhibits a high potential for dwellings without basements, small 38 commercial buildings, local roads and streets. 39 40 Susanna sand: Water tables are at a depth of less than 10 inches for 1 - 4 41 months of the year and within 40 inches the rest of the year. 42 This soil series exhibits a high potential for dwellings without basements, small 43 commercial buildings, local roads and streets. 44 May 23, 2007 Page 5 of 7 File No.: St. Lucie Oaks Commercial PNRD - 06-018 Resolution No. 07-002 1 Waveland fine sand: Water tables are within a depth of 10 inches for 1 - 4 2 months of the year and within 40 inches the rest of the year. Water tables may 3 become perched during the spring rainy season. 4 5 Reference: U.S. Dept. of Agriculture, Soil Conservation Service, "Soil Survey of 6 St. Lucie County Area, Florida ", 1980. 7 8 Native Vegetation: The applicant submitted an Environmental Impact Report, 9 which has been reviewed by the County's Environmental Resource Department. 1 0 The ERD consulted regularly with the applicant to ensure that the proposed 11 PNRD will not adversely impact the environment. The applicant proposes the 12 use of Best Management Practices related to soil and water protection, 13 conservation and stabilization throughout the development process. Much of the 14 site has been previously disturbed due to past development, but native, county- 15 protected trees, including live oaks, cabbage palms, and pines do exist on-site. 16 The applicant intends to re-Iocate cabbage palms and smaller oaks on-site and 17 mitigate for the oaks and pines by planting new trees on-site. The applicant 18 provided an updated Landscaping Plan and the County's Environmental 19 Resource Department (ERD) have approved the updated plan with conditions of 20 approval. The updated Landscaping Plan has provides additional landscape 21 buffering along the western boundary of the project in order to provide greater 22 screening between the proposed hotel and the neighboring multifamily 23 development. The applicant increased the number, height and crown width of 24 the trees proposed for planting in that area, has provided more oak species 25 within the hotel buffer area, and provided additional landscaping along South 26 U.S. Highway 1. Staff is satisfied with the amount of landscape buffer screening 27 provided by the applicant onsite. 28 29 Historical Buildings: No historical buildings were found onsite. The site was 30 previously cleared of a pre-existing Mc Donald's establishment and the entire site 31 has become overgrown. 32 33 Archeological Sites: The site has been previously developed and cleared over 34 the years. An archeological survey has not been performed onsite due to 35 previous development and the unlikelihood of archeological artifacts because of 36 the previous development. However, a survey can be performed if required. 37 38 Traffic Impacts: South US Highway No. 1 is currently being upgraded by 39 Florida Department of Transportation (FOOT) from a four-lane to six-lane road at 40 the proposed project site and in the process the existing deceleration lane will be 41 incorporated into, and used as, an arterial traffic lane. The applicant is also 42 providing additional access to the site from South US NO.1 (Brazilian Circle) and 43 a traffic signal is to be installed by FOOT at this intersection. Staff's review of the 44 submitted Transportation Impact Report has determined that sufficient capacity 45 exists to support the project's traffic generation, however, the applicant will have 46 to update the Traffic Impact Report prior to the final approval of the Site Plan. May 23, 2007 Page 6 of 7 File No.: St. Lucie Oaks Commercial PNRD - 06-018 Resolution No. 07-002 1 In order for the Site Plan to be found in compliance with the County's Land 2 Development Code, Staff is recommending that the Planned Non-Residential 3 Development Site Plan be amended to show the South U.S. Highway 1 entrance 4 to the project closed, and the applicant utilize the existing access easement 5 connection to Brazilian Circle to exit the property to the south, in order for the 6 development and Site Plan to receive approval. This recommendation is listed 7 under the Conditions of Approval in the Draft Resolution. 8 9 Access and Street Design: Access to the development site is provided by the 10 applicant off of South U.S. Highway 1 (Brazilian Circle, 174 ft. of right-of-way) 11 that accesses the neighboring multi-family development and is connected 12 through planned internal access, and 150 ft. of right-of-way is provided by the 13 applicant for the existing southern access to the site. Florida Department of 14 Transportation (FOOT) is currently reconstructing South U.S. Highway 1 adjacent 15 to the eastern boundary of the proposed development site, and has 16 reconstructed the curb cuts at the South U.S. Highway 1 access to the site along 17 South U.S. Highway 1. FOOT has also provided a 6 foot sidewalk and 18 handicapped markings fronting the proposed development along South U.S. 19 Highway 1. 20 The applicant has redesigned the Site Plan to include a 24 foot easement that 21 was originally conveyed to FOOT and conveyed back to the applicant. The 24 22 foot easement was used to construct additional parking spaces adjacent to the 23 restaurant. The legal description for the property has been updated reflecting the 24 addition of the 24 foot easement and is included within this addendum. 25 The proposed project's South U.S. Highway 1 entrance and curb cuts off U.S. 26 Highway No. 1 were originally constructed below Land Development Code 27 standards since the entrance was located only 25 feet from the adjacent Sun 28 Trust Bank entrance to the south. The applicant and the adjacent Sun Trust 29 Bank have entered into an agreement to close the Bank's entrance off South 30 U.S. Highway No.1, and construct a shared / cross access entrance for the 31 proposed and existing establishments through the applicant's South U.S. 32 Highway 1 entrance, but a queuing analysis of the entrance into the project and 33 the entrance throat length has not been conducted by the applicant or the Bank. 34 Staff is recommending the closure of the South U.S. Highway No. 1 entrance as 35 a condition of approval. If the applicant wishes to retain the entrance, Staff would 36 recommend denial, along with the requirement that the applicant provide the 37 necessary traffic queuing analysis for the South U.S. Highway No. 1 entrance 38 into the site and for the throat length of the proposed South U.S. Highway 1 39 entrance, in order to determine whether the proposed engineering of the 40 entrance meets FOOT and County safety and engineering standards, and 41 whether the construction of a deceleration lane into the project site is warranted. 42 43 Parking: The proposed project requires a total of 188 parking spaces. The 44 restaurant and office building require 91 parking spaces (including 4 required 45 handicap spaces), the applicant has provided 74 (including 4 handicap spaces) 46 for this area. The hotel requires 97 (including 4 required handicap spaces) May 23, 2007 Page 7 of 7 File No.: St. Lucie Oaks Commercial PNRD - 06-018 Resolution No. 07-002 1 parking spaces, the applicant has provided 128 (including 6 handicap spaces) 2 parking spaces. The total number of spaces provided by the applicant is 202, an 3 increase of 7 spaces from the previous 195 spaces provided. Staff is satisfied 4 with the number of spaces provided for this project. 1 RESOLUTION NO. 07-002 2 FILE NO.: PUD 06-018 3 4 5 A RESOLUTION GRANTING A CHANGE IN ZONING OF A 4.64 ACRE (MORE 6 OR LESS) PARCEL OF LAND LOCATED ON THE WEST SIDE OF SOUTH U.S. 7 HIGHWAY NO.1, APPROXIMATELY 1,500 FEET NORTH OF RIOMAR DRIVE 8 FROM THE CG (COMMERCIAL, GENERAL) AND PNRD (PLANNED NON- 9 RESIDENTIAL DISTRICT - ST. LUCIE OAKS) ZONING DISTRICTS TO THE 10 PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT - ST. LUCIE OAKS 11 COMMERCIAL) ZONING DISTRICT AND PRELIMINARY PLANNED 12 DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN 13 AS ST. LUCIE OAKS COMMERCIAL - PNRD. THE PROPOSED 14 DEVELOPMENT CONSISTS OF A FOUR-STORY, EIGHTY-EIGHT (88) ROOM 15 HOTEL CONSISTING OF 56,991 SQUARE FEET, A RESTAURANT 16 CONSISTING OF 4,613 SQUARE FEET, AND AN OFFICE SPACE BUILDING 17 CONSISTING OF 9,008 SQUARE FEET, WITH LIMITING CONDITIONS. 18 19 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 20 testimony and evidence, including but not limited to the staff report, has made the following 21 determinations: 22 23 1. St. Lucie Oaks Commercial, LLC, through agent Robert A. Burson, Esq., presented 24 a petition for a Change in Zoning from the CG (Commercial General) and PNRD 25 (Planned Non-Residential District - St. Lucie Oaks) Zoning Districts to the PNRD 26 (Planned Non-Residential Development - St. Lucie Oaks Commercial) Zoning District, 27 and Preliminary Planned Development Site Plan approval for the project to be known 28 as St. Lucie Oaks Commercial - PNRD. The proposed development consists of a 29 four-story, eighty-eight (88) room hotel consisting of 56,991 square feet, a restaurant 30 consisting of 4,613 square feet, and office space building consisting of 9,008 square 31 feet, on 4.64 acres. The proposed project is located on the west side of South U.S. 32 Highway No.1, approximately 1,500 feet north of Riomar Drive in Port St. Lucie. 33 34 2. The Development Review Committee has found that the proposed project is consistent 35 with the future land use maps of the St. Lucie County Comprehensive Plan. Staff has 36 not found that the Preliminary Site Plan meets the technical requirements of Sections 37 7.02.03.D.2 and 7.02.03.0.3 of the St. Lucie County Land Development Code, 38 providing vehicular access points designed to permit smooth traffic flow with controlled 39 turning movement and minimum hazards to vehicular or pedestrian traffic, therefore, 40 the Preliminary Site Plan requires amendment prior to approval. 41 42 3. On March 6, 2007, this Board held a public hearing on the petition, after publishing a 43 notice of such hearing and notifying by mail all owners of property within 500 feet of 44 the subject property at least 10 days prior to the public hearing. The St. Lucie County 45 Board of County Commissioners moved to continue the review of the proposed project 46 to the June 5, 2007 Commission Meeting, or as soon thereafter, in order for the File No.: PNRD - 06-018 June 5, 2007 Resolution No. 07-002 Page 1 1 applicant to review the layout of the submitted Site Plan and submit changes to 2 address the issues raised by the Board. 3 4 4. After considering the information presented at a public hearing on June 5, 2007, this 5 Board has determined that with the conditions listed herein, the proposed Change in 6 Zoning from the CG (Commercial General) and PNRD (Planned Non-Residential 7 District - St. Lucie Oaks) Zoning Districts to the PNRD (Planned Non-Residential 8 Development - St. Lucie Oaks Commercial) Zoning District, and Preliminary Planned 9 Development Site Plan, provide a creative approach to the development of non- 10 residential land and reflect changes in the technology of land development. 11 12 5. This Board has determined that with the conditions listed herein, the proposed 13 development allows for the efficient use of land, resulting in smaller networks of utilities 14 and streets and thereby lowers development costs. 15 16 6. This Board has determined that with the conditions listed herein, the proposed 17 development provides design options that encourage an environment of stable 18 character, compatible with surrounding land uses. 19 20 7. This Board has determined that with the conditions listed herein, the proposed 21 development enhances the neighborhood through the preservation of natural features, 22 the provision of underground utilities, and the provision of recreation areas and open 23 space. 24 25 8. This Board has determined that with the conditions listed herein, the proposed 26 development is consistent with the general purpose, goals, objectives and standards of 27 the St. Lucie County Comprehensive Plan, and is not opposed to the general spirit and 28 intent of the S1. Lucie County Land Development Code. 29 30 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 31 County, Florida: 32 33 A. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code, the 34 application for Preliminary Planned Non-Residential Development project to be known as St. 35 Lucie Oaks Commercial - PNRD, is approved subject to the requirement that the Site Plan 36 and application are amended to comply with the following conditions: 37 38 1. The applicant shall amend the Site Plan to show the closure of the proposed 39 entrance into the project site along South U.S. Highway 1. Approval shall become 40 effective upon receipt and approval by County Staff of the revised Site Plan showing 41 the entrance closure. 42 43 2. In the event that the applicant wishes to request subsequent approval of the South 44 U.S. Highway 1 entrance into the project site, the applicant will be required to provide 45 for County Staff review, supporting analysis performed by a Traffic Engineer licensed 46 in the State of Florida, prior to Final PNRD Site Plan approval. The study shall 47 include a Queuing Analysis for the proposed driveway connection to South U.S. 48 Highway 1. The Traffic Study and Queuing Analysis shall detail the impact of the 49 additional traffic created by the proposed project and Sun Trust Bank through the File No.: PNRD - 06-018 June 5, 2007 Resolution No. 07-002 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 B. 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 proposed joint-use driveway on South U.S. Highway 1, and will provide supporting calculations for the proposed intemal circulation system including, but not limited to, the minimum required driveway throat length. The report shall include the economic feasibility data of relocating the concrete utility poles and the construction of a deceleration lane and / or a deceleration and turn lane needed to avoid queuing of traffic onto South U.S. Highway 1. The applicant shall provide the fees for the County's retention of an Engineering Consultant to review the applicant's traffic study and any additional traffic impacts. 3. Prior to issuance of a St. Lucie County Vegetation Removal Permit, the applicant must provide ERD with a final wetland determination, delineation, and avoidance / minimization / mitigation measures approved by jurisdictional agencies. 4. Prior to issuance of a SLC Vegetation Removal Permit, the applicant must provide ERD with a copy of a draft Eastern indigo snake protection plan, adherent to FWS guidelines, for our review. The plan, once approved, must be adhered to during all vegetation removal and construction activities. The property on which this site plan approval is being granted is described as follows: PARCEL 1: A PORTION OF THE NORTHEAST Y4 OF THE NORTHWEST % OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST Y4 OF THE NORTHWEST Y4 OF SAID SECTION 22; THENCE NORTH 89 DEGREES 49' 00" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST Y4 OF THE NORTHEAST Y4 OF THE NORTHWEST Y4 A DISTANCE OF 589.64 FEET; THENCE NORTH 00 DEGREES 07' 00" EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST Y4 OF SECTION 22 A DISTANCE OF 1150 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 00 DEGREES 07' 00" EAST, A DISTANCE OF 104.72 FEET TO A POINT, SAID POINT BEING THE BACK OF AN EXISTING 2 FOOT VALLEY CURB; THENCE NORTH 34 DEGREES 09' 21" EAST ALONG THE EXISTING BACK OF CURB A DISTANCE OF 1.33 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 82.10 FEET; THENCE NORTHEASTERLY 74.76 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54 DEGREES 10' 24" TO THE END OF SAID CURVE; THENCE SOUTH 89 DEGREES 45' 49" EAST CONTINUING ALONG SAID BACK OF CURB A DISTANCE OF 36.54 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 100.18 FEET; THENCE SOUTHEASTERLY 44.56 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 DEGREES 29' 00" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 50.15 FEET; THENCE EASTERLY 51.87 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59 DEGREES 15' 36" TO THE END OF SAID CURVE; THENCE NORTH 70 DEGREES 26' 03" EAST CONTINUING ALONG SAID BACK OF CURB A DISTANCE OF 35.48 FEET TO THE BEGINNING OF A CURVE File No.: PNRD - 06-018 June 5. 2007 Resolution No. 07-002 Page 3 1 CONCAVE TO THE SOUTH, HAVING A RADIUS OF 28.81 FEET; THENCE 2 NORTHEASTERLY 13.80 FEET ALONG THE ARC OF SAID CURVE THROUGH A 3 CENTRAL ANGLE OF 27 DEGREES 26' 51" TO THE END OF SAID CURVE; 4 THENCE NORTH 83 DEGREES 30' 00" EAST DEPARTING SAID BACK OF CURB 5 A DISTANCE OF 79.78 FEET; THENCE SOUTH 89 DEGREES 57' 34" EAST 6 ALONG THE EXISTING BACK OF CURB, A DISTANCE OF 66.39 FEET TO THE 7 BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 8 104.67 FEET; THENCE SOUTHEASTERLY 39.71 FEET ALONG THE ARC OF SAID 9 CURVE THROUGH A CENTRAL ANGLE OF 21 DEGREES 44' 12" TO THE 10 BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHWEST HAVING 11 A RADIUS OF 273.01 FEET; THENCE SOUTHEASTERLY 59.42 FEET ALONG THE 12 ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 28' 11" 13 TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST, 14 HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY 39.81 FEET 15 ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 16 DEGREES 48' 30" TO THE END OF SAID CURVE, SAID POINT BEING THE END 17 OF THE EXISTING 2 FOOT VAllEY CURB; THENCE SOUTH 89 DEGREES 53' 00" 18 EAST A DISTANCE OF 7.15 FEET; THENCE SOUTH 00 DEGREES 07' 00" WEST, 19 A DISTANCE OF 105.74 FEET; THENCE NORTH 89 DEGREES 49' 00" WEST, A 20 DISTANCE OF 523.45 FEET TO THE POINT OF BEGINNING. 21 All lYING AND SITUATE IN ST. lUCIE COUNTY, FLORIDA. 22 CONTAINING WITHIN SAID BOUNDS 67,627 SQUARE FEET OR 1.55 ACRES. 23 24 25 PARCEL 2: 26 27 A PORTION OF THE NORTHEAST Y4 OF THE NORTHWEST % OF SECTION 22, 28 TOWNSHIP 36 SOUTH, RANGE 40 EAST BEING MORE PARTICULARLY 29 DESCRIBED AS FOllOWS: 30 COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST % OF THE 31 NORTHWEST Y4 OF SAID SECTION 22; THENCE NORTH 89 DEGREES 49' 00" 32 WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST Y4 OF THE NORTHEAST 33 % OF THE NORTHWEST Y4 A DISTANCE OF 589.64 FEET; THENCE NORTH 0 34 DEGREES 07' 00" EAST PARAllEL WITH THE EAST LINE OF SAID 35 NORTHWEST Y4 OF SECTION 22 A DISTANCE OF 1000.00 FEET TO THE POINT 36 OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF lAND; 37 THENCE CONTINUE NORTH 0 DEGREES 07' 00" EAST 150.00 FEET; THENCE 38 SOUTH 89 DEGREES 49' 00" EAST 547.45 FEET TO THE WESTERLY RIGHT OF 39 WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTH 0 DEGREES 07' 00" WEST 40 ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 150.00 FEET; 41 THENCE NORTH 89 DEGREES 49' 00" WEST A DISTANCE OF 547.45 FEET TO 42 THE POINT OF BEGINNING. 43 44 PARCEL 3: 45 46 THE WEST 249.00 FEET OF THE FOllOWING DESCRIBED PARCEL AS 47 FOllOWS: 48 FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF 49 THE NORTHEAST % OF THE NORTHWEST % OF SECTION 22, TOWNSHIP 36 File No.: PNRD - 06-018 June 5, 2007 Resolution No. 07-002 Page 4 1 SOUTH, RANGE 40 EAST (ACCORDING TO THE PLAT OF RIVER PARK, UNIT 1, 2 AS RECORDED IN PLAT BOOK 10, PAGE 69, ST. LUCIE COUNTY, FLORIDA); 3 THENCE GO NORTH 89 DEGREES 49' 00" WEST ON THE SOUTH LINE OF SAID 4 NORTHEAST % A DISTANCE OF 589.64 FEET; THENCE NORTH 00 DEGREES 07' 5 00" EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST % 800 FEET 6 TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00 DEGREES 07' 7 00" EAST, 200 FEET; THENCE SOUTH 89 DEGREES 49' 00" EAST 547.45 FEET 8 TO THE WESTERLY RIGHT-OF-WAY OF U.S. #1, THENCE SOUTH 00 DEGREES 9 07' 00" WEST ALONG SAID WESTERLY RIGHT-OF-WAY OF U.S. #1 95.51 FEET; 10 THENCE SOUTH 01 DEGREES 16' 48" EAST ALONG SAID WESTERLY RIGHT- 11 OF-WAY OF U.S. #1 104.52 FEET; THENCE NORTH 89 DEGREES 49' 00" WEST, 12 550.00 FEET TO THE POINT OF BEGINNING. 13 ALL LYING AND SITUATE IN ST. LUCIE COUNTY, FLORIDA. 14 CONTAINING 1.143 ACRES MORE OR LESS 15 16 PARCEL 4 17 18 THAT PART OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- 19 QUARTER OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE 20 COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: 21 COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE- 22 QUARTER OF SAID SECTION 22 AND RUN NORTH 89 DEGREES 53' 00" WEST 23 ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID 24 SECTION 22 FOR 66.0 FEET; THENCE RUN SOUTH 00 DEGREES 07' 00" WEST 25 FOR 68.37 FEET TO THE POINT OF BEGINNING FOR THE FOLLOWING 26 DESCRIBED PARCEL: THENCE CONTINUE SOUTH 00 DEGREES 07' 00" WEST 27 FOR 105.74 FEET; THENCE RUN SOUTH 89 DEGREES 49' 55" EAST FOR 24.0 28 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE 29 RUN NORTH 00 DEGREES 07' 00" EAST ALONG SAID WEST RIGHT OF WAY 30 LINE FOR 100.00 FEET; THENCE RUN NORTH 76 DEGREES 23' 00" WEST FOR 31 24.68 FEET TO THE POINT OF BEGINNING. 32 THE AREA OF THIS PARCEL IS 2,469 SQUARE FEET, MORE OR LESS. 33 34 Location: West side of South U.S. Highway No.1, approximately 1,500 feet north 35 of Riomar Drive in Port St. Lucie. 36 37 C. This Preliminary Planned Non-Residential Development Site Plan approval shall expire 38 two years from the effective date of the Site Plan, as set forth under A(1) of the Conditions of 39 Approval stated above. 40 41 D. The Preliminary Planned Non-Residential Development Site Plan approval granted 42 under this Resolution is specifically conditioned to the requirement that the petitioner, St. 43 Lucie Oaks Commercial, LLC, through agent Robert A. Burson, Esq., including any 44 successors in interest, shall obtain all necessary development permits and construction 45 authorizations from the appropriate State and Federal regulatory authorities, including but not 46 limited to: the United States Army Corps of Engineers, the Florida Department of 47 Environmental Protection, and the South Florida Water Management District, prior to the 48 issuance of any local building permits of authorizations to commence development activities 49 on the property described in Part B. File No.: PNRD - 06-018 June 5, 2007 Resolution No. 07-002 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 E. The conditions set forth in Part A are an integral non-severable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this Resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. G. A copy of this Resolution shall be mailed, return receipt requested to the developer and agent of record as identified on the srte plan applications. H. This resolution shall be recorded in the Public Records of St. Lucie County. The recording of this resolution does not authorize the commencement of anyon-site development activities without obtaining such further development permits as may be required. All applicable conditions of approval as set forth above, and all applicable code requirements must be met to satisfaction of the County before final site construction permits are issued. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft XXX Vice-Chairman Joseph E. Smith XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED this 5th day of June, 2007. File No.: PNRD - 06-018 June 5, 2007 Resolution No. 07-002 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 BOARD OF COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney 25 26 27 28 29 30 31 File No,: PNRD - 06-018 June 5, 2007 Resolution No. 07-002 Page 7 2 3 Exhibit A 4 5 6 Maps 7 8 9 10 11 12 13 14 15 File No.: PNRD - 06-018 June 5. 2007 Resolution No. 07-002 Page 8 A petition of St. Lucie Oaks Commercial, LLC, for a Change in Zoning from the CG (Commercial General) and PNRD (Planned Non-Residential Development) Zoning District to the PNRD (Planned Non-Residential Development-St. Lucie Oaks Commercial) Zoning District and Preliminary Planned Development Site Plan 32 1 37 31 WilLIAMSBURG WAY ~ o UJ ø ~ æ UJ J: 14 16 a:: 0 17 :.:: ...J 11 12 Ü 0 <I: Z Ü <I: 16 Z Ü <I: J: ~ 19 ~ W z $: 20 J: ø :ï: en 10 => en 21 15 13 NSlRDD CANAL NO. 28 30 29 ~ 21 22 23 C3 Z 26 <I: 3 2 ~ 27 ASH_S:r 26 aJ 24 25 23 2 24 UJ 23 22 21 ~ 22 f- 20 => 21 Z 0 20 19 Ü 0 16 Ü 19 17 16 16 17 15 10 16 14 11 15 13 12 14 ~ NSlRDD CANAL NO. 28 $: J: ø J: en => en ~ m <::. ~ ):> -\ ~ 14 15 16 1;3 16 7 6 5 4 PNRD 06-018 Legend ~ Subject property 5è Á~ ó;,~~'" (jrowlfi Management Ðeparlme1l1 N  Map prepared December 20, 2006 OFFICE USE ONLY DATE FILED: REVIEW FEE: CONCURRENCY FEE: RECEIPT NO: RECEIPT NO: SP NUMBER: ~ N ~ Ð C~ ~ 0 \ ~ RESOLUTION NO: CERT. CAPACITY NO: ST. LUCIE COUNTY GROWTH MANAGEMENT DEPTARMENT 2300 VIRGINIA A VENUE FORT PIERCE, FL 34982-5652 SECOND AMENDED 772-462-2822 (To add 24' wide strjp of land) APPLICATION FOR CHANGE IN ZONING TO PLANNED DEVELOPMENT (PUD, PNRD, PMUD) and CERTIFICATE OF CAPACITY DIRECTIONS Please complete the requested information and submit all items to the St. Lucie County Growth Management Department, 2300 Virginia A venue, Ft. Pierce, FL 34982, The proper non-refundable application fee must accompany all applications. For assistance in submitting the application, please contact the St. Lucie County Growth Management Department, Planning Division. REVIEW FEES and THRESHOLDS PRELIMINARY PLAN FINAL PLAN Required Review Fee Less than 20 acres $ 1500.00 $ 500.00 + $5.00 per acre over 50 acres 20 acres to 49 acres $ 1,800,00 50 + acres $ 2,00000 + $ 5.00 per acre over 50 acres Concurrency Fee $200,00 $ 250.00 Minimum Size PUD 5 contiguous acres ofland under common ownership or control PNRD In Residential Land Use 10,000 square feet minimum lot size (under common ownership or control) In Commercial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Industrial Land Use 20,000 square feet minimum lot size (under common ownership or control) In Mixed Land Use 20,000 square feet minimum lot size (under common ownership or control) PMUD 1 acre ofland per proposed land use within a Planned Mixed Use Development under common ownership or control Plat Fee I N/A I $250.00 (no improvements) Planned Deveiopmeni Extension $300.00 Initial submission shall include the following, 1) One (1) original of the completed site plan application. 2) Twenty (20) copies of the site plan graphics. (24 inches by 36 inches sheets) 3) Twenty (20) copies of the landscape plan. 4) Twenty (20) copies of the required boundary and topographic survey. 5) Five (5) copies of the Transportation Impact Report (ifapplicabJe). 6) Five (5) copies of the Environmental Impact Repo11 (if applicable), 7) Five (5) copies of the Preliminary Drainage Data. 8) Two (2) copies of AeriaL 9) One (]) copy of the St. Lucie County Property Appraiser Tax Map (Scale] :200) with property under petition highlighted MAY 03 ZüUl All applications for a Planned Development must be completed and filed with the Department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. PROJECT INFORMATION LOCATION/SITE ADDRESS U.S. Highway One, Port St. Lucie, FLorida PUD/PNRD/PMUD NAME St. Lucie Oaks Commercial, PNRD PROPERTY TAX ID NUMBERS Parcel 1 : 3422-211-0013-000-7 Parcels 2 & 3: 3422-211-0002-000-7 Parcel 4: Unknown LEGAL DESCRIPTION (attach extra sheets if necessary) See attached Addendum "A" SECTION 122 [TOWNSHIP 36 RANGE 40 PARCEL SIZE ACRES SQUARE FOOTAGE .1 h.1 ?n1 q7~ R ~ONING DISTRICT CG & PNRD LAND USE CLASSIFICATION MXD DESCRIPTION OF PROJECT Construction of a hotel: 4 stories not to exceed 88 rooms. Construction of a retail loffice building: 2 stories, approximately 13,600 square feet. TYPE OF CONSTRUCTION (Check [ ] RESIDENTIAL NUMBER OF RESIDENTIAL all appropriate boxes) UNITS/SUBDIVIDED LOTS [ v' ] COMMERCIAL TOTAL SQUARE FOOTAGE 69,000 [ ] INDUSTRIAL TOTAL SQUARE FOOTAGE [ ] OTHER (PLEASE SPECIFY) NUMBER AND SIZE OF N/A OUTPARCELS (IF APPLICABLE) DESCRIBE THE REASON FOR A portion of the property is zoned CG & a portion is zoned PNRD as part of the THE REQUESTED CHANGE IN adjacent St. Lucie Oaks residential. PNRD is required for the construction/operation of ZONING IS THE PROPOSED REZONING IN CONFLICT WITH ANY PORTION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE OR THE ST. LUCIE COUNTY COMPREHENSIVE PLAN? No. The following information you provide is very important in determining the outcome of your Rezoning request. It is required by the St. Lucie Land Development Code that appropriate findings be made to justify a Rezoning approval. Please use additional pages, if necessary, to justify your request. 1.) Describe the reason for the requested change in zoning: A portion of the property is currently zoned PNRD as part of the adjoining St. Lucie Oaks residential apartment complex. The remaining portion is CG having previously been the site of a McDonald's restaurant and vacant land attached to SunTrust. Applicant's intended use of the property as a hotel and a retail/office building can best be sited and developed under a common PNRD zoning. 2.) Is the proposed rezoning in conflict with any portion of the S1. Lucie County Land Development Code or the S1. Luice County Comprehensive Plan? No 3.) How is the proposed change in zoning compatible with the existing uses in the area? To the West is St. Lucie OakS Residential which is zoned PNRD and which is a multi building and multi storied rental housing development. Across US 1 to the East is vacant land zoned CG. To the South is SunTrust and a shopping center zoned CG. Immediately to the North is a canal and to the North of it is vacant land zoned CG. 4.) How is the proposed change in zoning compatible with the Land Use designation on this property? The existing land use designation is Mixed Use Development (MXD) which allows the requested zoning designation and intended uses of the property. 5.) What conditions have changed in the immediate area that warrants consideration of this change in zoning? The former MacDonald's restaurant has been removed from a portion of the property. The owner has acquired 3 parcels which are, together, of sufficient size to allow the intended development of the property. 6.) What are the anticipated impacts of the proposed rezoning on the existing and future public facilities in this area? Any impacts will be minimal with the greatest impact being on water and sewer facilities. It is expected that there is sufficient capacity within the Port St. Lucie System to support the intended project. 7.) What are the anticipated environmental impacts of the proposed rezoning? If no adverse impacts are anticipated, please explain why? None - Most of the land is vacant and cleared (a portion was formerly a MacDonald's restaurant). The remaining portion is vacant but has overgrowth and it is not expected that any of the growth is protected. There are no wet lands. 8.) Will th~ proposed rezoning result in an orderl~ a~~I?¥i~a,!_~~\lelop~~~!P~1:t~l"Il? Plea~~~)(pl~in. Yes - The Property fronts on US Highway 1 and will have the retail/office building closest to the highway with the hotel in the rear. The adjoining lands to the South are fully developed as various commercial enterprises as are those lands to the North along US 1 which are developed. The intended uses are permitted by CG but the hotel and retail/office building can best be sited and developed under the PNRD zoning. ST. LUCIE COUNTY APPLICATION FOR PLANNED DEVELOPMENT CHECKLIST Have you shown or provided the following required information: BOUNDARY & TOPOGRAPHIC INFORMA nON: (Refer to Section 11.02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted)' .¡ Location Sketch .¡ Boundary/Topographic Survey .¡ Positive Outfall .¡ Floodplain .¡ Drainage Basin Boundaries .¡ Preliminary, SFWMD Pennit Data .¡ SITE PLAN INFORMA nON: (Refer to Section 11.02,09(A)(3), St. Lucie County Land Development Code) Yes No Yes No Location, Dimension, and Setbacks for all .¡ Parking & Loading Areas .¡ buildings Identification of maximum buildable area under .¡ Water/Wastewater Facilities .¡ revIew Identification of all easements .¡ Identification of all Drainage Facilities .¡ Identification of adjacent driveways .¡ Location of all streets .¡ Location of all open spaces .¡ Landscaping Plan .¡ Lighting Plan .¡ Phasing Plan .¡ Transportation Impact Report .¡ Environmental Impact Report * .¡ Vegetation Removal Plan * .¡ Sea Turtle Protection Plan .¡ If you answered !!.Q to any of the above questions, please explain in the space below: * See the "Veqetation and Listed Sœcies Assessment" report. This is not a phased development. (However, construction on the 2 buildings will not start at the same time) This property is not located on or near the water. SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer) Name: S1. Lucie Oaks Commercial, LLC Add 5035 SE Federal Highway ress: Agent Information Name: Robert A. Burson, Esq. Address: Post Office Box 1620 Stuart, FL 34995 Stuart, FL 34997 Phone: 772-781-3260 Fax: 772-781-3188 Phon~ 772-286-1616 Fax: 772-286-5257 Property Owner Information This application will not be considered complete without the notarized signature of all property owners of record, which shan serve as an acknowledgment of the submi . . lication for site plan approvaL The property owner's signature below shan also serve as authorization for the above applicant or agen alf of said property owner. P 5035 SE Federal Hig Mailing Address: Brasilino Filipe, managing member Property Owner Name (Please Print) Stuart, FL 34997 Phone: 772-781-3260 ST A TE OF FLORIDA COUNTY OF Martin " <( The foregoing instrument was acknowledged before me this L OFFICE U&.E ONLY Project Reviewer: day ofl11 H 7 , 20-º2-, by Brasilino Filipe DRC Review: who is personally known to me urwlroiral>pT(Jdn~ed- - - - - - - - -- Approval Date: -¡IS tdemifromitm:- ~?dv- Comments: Signature of Notary ---.. S' \~r~ ¢f1"I' J nl'.... ,:\r-¡.. .'. !¡" ~'" ~ _¡';""'. ,;¡~ .~~~._) 'ß' i r\\'~¡W'';.-~ 'i, ~ , .,", '" . Type or Print Name of Notary Notary Public Title ROBERT A. BURSON MY COMMISSION # DD 377319 EXPIRES: January 31, 2009 Bonded Thru Not~ry Public Underwriters Commission Number "~I' ,"'''\'~'''' l~'!!\"~~~ ~~i.:'~'}:J ~"''þ,ås~ t" "Ø~1,,?f,I~ct~.. ·~l·~...:P.iI~I.,.... (Seal) ST. LUCIE OAKS COMMERCIAL AMENDED LEGAL DESCRIPTION PARCEL 1: A PORTION OF THE NORTHEAST % OF THE NORTHWEST Y4 OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST % OF THE NORTHWEST Y4 OF SAID SECTION 22; THENCE NORTH 89 DEGREES 49' 00" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST % OF THE NORTHEAST Y4 OF THE NORTHWEST Y4 A DISTANCE OF 589.64 FEET; THENCE NORTH 00 DEGREES 07' 00" EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST Y4 OF SECTION 22 A DISTANCE OF 1150 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 00 DEGREES 07' 00" EAST, A DISTANCE OF 104.72 FEET TO A POINT, SAID POINT BEING THE BACK OF AN EXISTING 2 FOOT VALLEY CURB; THENCE NORTH 34 DEGREES 09' 21" EAST ALONG THE EXISTING BACK OF CURB A DISTANCE OF 1.33 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 82.10 FEET; THENCE NORTHEASTERLY 74.76 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54 DEGREES 1 0' 24" TO THE END OF SAID CURVE; THENCE SOUTH 89 DEGREES 45' 49" EAST CONTINUING ALONG SAID BACK OF CURB A DISTANCE OF 36.54 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 1 00.18 FEET; THENCE SOUTHEASTERLY 44.56 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 DEGREES 29' 00" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 50.15 FEET; THENCE EASTERLY 51.87 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 59 DEGREES 15' 36" TO THE END OF SAID CURVE; THENCE NORTH 70 DEGREES 26' 03" EAST CONTINUING ALONG SAID BACK OF CURB A DISTANCE OF 35.48 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 28.81 FEET; THENCE NORTHEASTERLY 13.80 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27 DEGREES 26' 51" TO THE END OF SAID CURVE; THENCE NORTH 83 DEGREES 30' 00" EAST DEPARTING SAID BACK OF CURB A DISTANCE OF 79.78 FEET; THENCE SOUTH 89 DEGREES 57' 34" EAST ALONG THE EXISTING BACK OF CURB, A DISTANCE OF 66.39 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 104.67 FEET; THENCE SOUTHEASTERLY 39.71 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21 DEGREES 44' 12" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 273.01 FEET; THENCE SOUTHEASTERLY 59.42 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12 DEGREES 28' 11" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 100.00 FEET; THENCE SOUTHEASTERLY 39.81 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22 DEGREES 48' 30" TO THE END OF SAID CURVE, SAID POINT BEING THE END OF THE EXISTING 2 FOOT VALLEY CURB; THENCE SOUTH 89 DEGREES 53' 00" EAST A DISTANCE OF 7.15 FEET; THENCE SOUTH 00 DEGREES 07' 00" WEST, A DISTANCE OF 105.74 FEET; THENCE NORTH 89 DEGREES 49' 00" WEST, A DISTANCE OF 523.45 FEET TO THE POINT OF BEGINNING. ALL LYING AND SITUATE IN ST. LUCIE COUNTY, FLORIDA. CONTAINING WITHIN SAID BOUNDS 67,627 SQUARE FEET OR 1.55 ACRES. PARCEL 2: A PORTION OF THE NORTHEAST % OF THE NORTHWEST Y4 OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST Y4 OF THE NORTHWEST Y4 OF SAID SECTION 22; THENCE NORTH 89 DEGREES 49' 00" WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST Y4 OF THE NORTHEAST % OF THE NORTHWEST Y4 A DISTANCE OF 589.64 FEET; THENCE NORTH 0 DEGREES 07' 00" EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST % OF SECTION 22 A DISTANCE OF 1000.00 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 0 DEGREES 07' 00" EAST 150.00 FEET; THENCE SOUTH 89 DEGREES 49' 00" EAST 547.45 FEET TO THE WESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE SOUTH 0 DEGREES 07' 00" WEST ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 150.00 FEET; THENCE NORTH 89 DEGREES 49' 00" WEST A DISTANCE OF 547.45 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE WEST 249.00 FEET OF THE FOLLOWING DESCRIBED PARCEL AS FOLLOWS: FOR A POINT OF REFERENCE COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST Y4 OF THE NORTHWEST Y4 OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST (ACCORDING TO THE PLAT OF RIVER PARK, UNIT 1, AS RECORDED IN PLAT BOOK 10, PAGE 69, ST. LUCIE COUNTY, FLORIDA); THENCE GO NORTH 89 DEGREES 49' 00" WEST ON THE SOUTH LINE OF SAID NORTHEAST % A DISTANCE OF 589.64 FEET; THENCE NORTH 00 DEGREES 07' 00" EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST Y4 800 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 00 DEGREES 07' 00" EAST, 200 FEET; THENCE SOUTH 89 DEGREES 49' 00" EAST 547.45 FEET TO THE WESTERLY RIGHT -OF-WAY OF U.S. #1, THENCE SOUTH 00 DEGREES 07' 00" WEST ALONG SAID WESTERLY RIGHT-OF-WAY OF U.S. #1 95.51 FEET; THENCE SOUTH 01 DEGREES 16' 48" EAST ALONG SAID WESTERLY RIGHT-OF-WAY OF U.S. #1 104.52 FEET; THENCE NORTH 89 DEGREES 49' 00" WEST, 550.00 FEET TO THE POINT OF BEGINNING. ALL LYING AND SITUATE IN ST. LUCIE COUNTY, FLORIDA. CONTAINING 1.143 ACRES MORE OR LESS PARCEL 4 THAT PART OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE- QUARTER OF SAID SECTION 22 AND RUN NORTH 89 DEGREES 53' 00" WEST ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 22 FOR 66.0 FEET; THENCE RUN SOUTH 00 DEGREES 07' 00" WEST FOR 68.37 FEET TO THE POINT OF BEGINNING FOR THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUE SOUTH 00 DEGREES 07' 00" WEST FOR 105.74 FEET; THENCE RUN SOUTH 89 DEGREES 49' 55" EAST FOR 24.0 FEET TO THE WEST RIGHT OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE RUN NORTH 00 DEGREES 07' 00" EAST ALONG SAID WEST RIGHT OF WAY LINE FOR 100.00 FEET; THENCE RUN NORTH 76 DEGREES 23' 00" WEST FOR 24.68 FEET TO THE POINT OF BEGINNING. THE AREA OF THIS PARCEL IS 2,469 SQUARE FEET, MORE OR LESS. Location: West side of South U.S. Highway No.1, approximately 1,500 feet north of Riomar Drive in Port St. Lucie. This document has been prepared by and is to be returned to: ROBERT A. BURSON, P.A. By: Robert A. Burson, Esquire Florida Bar# 217638 Mailing Address: Post Office Box 1620 Stuart, Florida 34995 Street Address: 900 SE Ocean Blvd, Suite C-120 Stuart, Florida 34994 (772) 286-1616 File Number: 05-297 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3033944 03/30/2007 at 11: 18 AM OR BOOK 2789 PAGE 1737 - 1741 Doc Type: DEED RECORDING: $44.00 D DOC STAMP COLLECTION: $70.00 QUIT CLAIM DEED THIS QUIT-CLAIM DEED, executed on the date set forth below, by St. Lucie Oaks, L.C., a Florida limited liability company, of 380 Brazilian Circle, Port St. Lucie, Florida 34952, herein referred to as "Grantor", to St. Lucie Oaks Commercial, LLC, a Florida limited liability company, of 380 Brazilian Circle, Port St. Lucie, Florida 34952, herein referred to as "Grantee", (Wherever used herein the terms "Grantor" and "Grantee" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context so admits or requires). WITNESSETH, That Grantor, for and in consideration of the sum of ten and no hundredths dollars ($10.00), in hand paid by Grantee, the receipt whereof is hereby acknowledged, does hereby remise, release and quit-claim unto Grantee forever, all the right, title, interest, claim and demand which Grantor has in and to the described lot, piece or parcel of land, situate, lying and being in the County of St. Lucie, State of Florida, as described on the attached Addendum II A". TAV In ~lIll\nDcR' 'I"'k"'o'^'''' _ P::!rt ,..,f: rO::!'" r:gh+ ,..,f: '^'..." P...r"sl ,..,.....",..",..,.,1 +" . I'...., .""".VI""''''. . VII II YVII _I VI I _U II II. VI vvay al\",r \.IVIIVOYCU ioU Grantor by St. Lucie County in ORB 2734, page 2007, public records of St. Lucie County, Florida. Formerly a part of 3422-211-0013-000-7. TO HAVE AND TO HOLD the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee forever. Page 1 of 3 IN WITNESS WHEREOF, the Grantor has signed and sealed these presents on the dates set forth below. St. Lucie Oaks, L.C., a Florida limited liabiIity.<·~"·' comB ny .' /At /~~;§t(:<:)';:,"/'i ÁJ-, :: ..,J",~J::"_''1':.)'"'' :.;. ' ;,' y: Priscilla Ga' G!þ§9n, managing n¡H:rWb.~r.·X·<::,:~ . c/:5' M h·~ I 2007 040 ,. ,;~f.; ': '.;;~',;::".:'O ot,·.,...· ,c arc ~/O, "",; '<'~:",.~{;",..,,',' '.;'t,¡ ~ .r.- I Y1~~~;' 1.:·/,,~V:·;i::iiP~;>' &4Ie~ (>, þJ..., '/'\/"1 <~;~~.;", .:~t1.i~·',:,!,,·i(?:~'·' Signed, sealed and delivered by Priscilla Gail·GtI9sefl. as a member manaQ"er of':!$.t,;:ß" ,~ '~~,..; .' . Lucie Oaks, L.C., a Florida limited liability company in the presence of th~rJôlIowing witnesses: '1" Signature of 1 st witness: ~ "" Printed name of 1" witness: / ~....è <J ß Efl s" ~ d1"" wi / I " (/ ,~/ L /¡),A .s h ~y I 1.. l- J(Jðc/ Signature of 2nd witness: Printed name of 2nd witness: STATE OF FLORIDA COUNTY OF MARTIN Subscribed and acknowledged before me on March #..fa, 2007, by Priscilla Gail- Gibson as managing member of St. Lucie Oaks, L.C., a Florida limited liabiIity company and he is personally known to me. .x;)IU4¡f / L~ ~ (SlrJnature of Notary Public) (Notary Seaiì . ....... II.......... I ..... .................... : SHERYL L WOOD I ! IJJl4V ~""~. Comm# 00056,'082 1 ~~ fl Expire. 6Q1I2Q10 : '.we........ 1115J ........ ... _ T 1.1>.... I .1 , :5 he.vv-¡/ L. L~MJ (Print, type, r stamp commissioned name of Notary Public) Page 2 of 3 St. Lucie Oaks, L.C., a Florida limited liability company fhtYJ1t/ By: RichJ~rd Gomes, managing member March ~, 2007 Signed, sealed and delivered by Richard Gomes as a member manager of St. Lucie Oaks, L.C., a Florida limited liability company in the presence of the following witnesses: Signature of 1 st witness: Printed name of 1 st witness: Signature of 2nd witness: Printed name of 2nd witness: I#~ 7 ~ f¡<l?Þ (lr ~cIú- fL- I JIu ¡4- 4ýC/ VlrJI4/e . . STATE OF FLORIDA COUNTY OF MARTIN ~ Subscribed and acknowledged before me on March ~~ , 2007, by Richard Gomes as managing member of St. Lucie Oaks, L.C., a Florida limo d liability company and he is personally known to me. (Notary Seal) ~~ûtâry Public) F:\E\LAND USE\ST LUCIE OAKS\05-297\QCD STRIP ACROSS FRONT-01 C Page 3 of 3 DESCRIPTION FOR PARCEL IN N.E. 1/4 OF N.W. 1/4 OF SECTION 22, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA THAT PART OF THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER OF SECTION 22, TOWNSIITP 36 SOUTH, RANGE 40 EAST, ST. LUCffi COUNTY, FLORIDA, DESCRrnED AS FOLLOWS: /J, COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 22 AND RUN NORTH 89°53100" WEST ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 22 FOR 66.00 FEET; THENCE RUN SOUTH 00°07'00" WEST FOR 68.37 FEET TO THE POINT OF BEGINNING FOR THE FOLLOWING DESCRIBED PARCEL: THENCE CONTINUE SOUTH 00°07'00" WEST FOR 105.74 FEET; THENCE RUN SOUTH 89°49155" EAST FOR 24.00 FEET TO THE WEST RIGH:J:' OF WAY LINE OF U.S. HIGHWAY NO.1; THENCE RUN NORTH 00°07'00" EAST ALONG SAID WEST RIGHT OF WAY LINE FOR 100.00 FEET; THENCE RUN NORTH 76°23'00" WEST FOR 24.68 FEET TO THE POINT OF BEGINNING. . THE AREA OF TillS PARCEL IS 2,469 SQUARE FEET, MORE OR LESS. THIS DESCRIPTION AND THE ACCOl\.1P ANYING SKETCH WERE PREPARED BY ARTHUR SPEEDY, P.S.&M., FLORIDA CERTIFICATE NO. 3343; FOR C. CALVERT MONTGOJv.ŒRY AND ASSOCIATES, INC.; P.O. BOX 92; 959 SOUTHFED~RAL./:·;'{·;·. . IDGHWAY; STIJART, FLORIDA 34995, ~ k~,'Ø5~f~1;')~~~Þ '. v f 71}t:}V,-! .,~ ,.. :' ",-;,. ", . <,' ADDENDUM IJ PAGE..!-OF ~PAGES DATE: 0110 lOì SCAlE: ¡ "Q60' c. C.4.L VmT M()"'TG()MI:I:1~ Ie ÁSS()CIÁ TI:S. IpiI (;. ENGINEERS · SURVEYORS (C.P.. & L~8. 000160) P.O. BOX 92...959 S. 'FEpERAL HWY.....STUART, FLORIDA 34995 (Tel.) 772-287-3636 (Fox!' 772-220-0580 N W.E S ('NOP--í\-\ lll-lE:.) t-l.\iJ.I/4-lo 5E.,t..T\OrJ 2?.-3(P -4-0 N.€>'" 5300'1 \N. Ì'- G>~. 00' ~ , r£ ill 20 ~-v 0'\ uð .~ \1.11 't'! 2('1 ~2 :20 \.Ú- ~t o \.U 1.11 '<d' U I!\ \ :z u. -.9 uJ a ~ ~~ ~ 8j :z u. . 02 9 u.J I-; I-:r ~ '21- U1,Õu.. \J)~ ,(\.. 0 ~ . 42' 2¿\,: ,30 ! IS I 30 0 ~ ... ( IN FEET ) 1 inch == 30 ft. ~ {;\ . dJ \9 - 0 2 ~ "3 ~ - :!. \f\ :J - uJ "Z ...... - -1 . ~ 0 :z 3 1.1- r 0 « I-' 3 :r: .~ :I - 0 oc - ';p :x: ¡J) úì :3 NOTE: THIS IS NOT A SURVEYl ~ t:.J ... o;:--JI- .p :z.« ~~ \-0 ~~« ú\\.I.1C u.:.0- O:z.~ ~~g ::;::. -~ ':I: "3 \- ~ . ::) )- :z.0\- t.J\Z uJ :J ::I:~D \- t<1 U u. ~ ,I' ' O-\,I.j :¡:Ü .:t \fI :J - :2.J u.i:3 . . 01- ZFú'I ) "3 ·0 o -t- O <:) o o u\ . .7(í/23'OÓi ~. (Õ 8' ð ~ ' :z uJ ::2 G 0 \.D 0 t£I. ' ï' u.. 0 - 0 0 .q. ¡..... 0 r-:~ 0 \.c)o :z O~ . .q. r- ~ Z ill '2. :J }- If\ <t. \Ù -0 o o o NOTE: THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LlCENSEP§JJBYEYOR AND MAPPER. ,.;.;,.;,;:,:'J.i,.;\~~;~,.." ·.f;f~W~~"~f~y",, CERTJFIEP".B)I".,"~""J " :- (,:,.'",1\:",,0. ~x (:}j~~:t:"""',:t;,::':':':>:-;:<~;,!;œj~i'~ .:', r : '> ' " .:: ':;1;:: '~:-~"1§'f i :,'1' . /.'\' . " , . ..' ,'.. ,...-(:.0 :J"""1 : .._ . .'~ . . . ,':...:" to ~ }~ ~"W' t ARTHt!RtSf.E;ED'-"';~:'.':·,(/~/ )} PROijES.si~I)IÄL $URY,ÎiYOR'AND, MÂPPER FLO~!9A.' RE'GJ~ï:~:hON. ~R~:þ~¡3343 C~'",\:;,;",.:;,L;i:fk~' .. : ,. . /"'0.. UJuJ ~ IJ) ~ <1: O~ o . ~ t;:-, <oJ.... Q - O!)l O<t .\1) '2cl:) '-./ I I \ If J\nb EN DUM ¡~,Ab-" 2 ,2- \r1'U;:tE__OF _PAGES C. C""L "my M()IIIiT€()Mm~ Sc ""SS()CIÁ Tf:S. IIIIiC, ENGINEERS . SURVEYORS (C.I>., & L.B. 000160) P.O. BOX 92...959 S. FE;DERAL HWY.....STUART. FLORIDA 34995 (Tel.) 772-287-3636 (Fox) 772-220-05BO DATE: 0\1 3 ,Oï SCALE: 1"=;30' PAr:¡:- ? OF 2 O...TE REVISION NO. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: March 6, 2007 Convened: 3:00 p.m. Adjourned: 9:45 p.m. Commissioners Present: Chris Craft, Chainnan, Paula A. Lewis, Doug Coward, Charles Grande, Joseph Smith, absent due to illness Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Robert Nix, Growth Management Director, Hank Flores, Senior Planner, Lauri Case, Utilities Director, Debra Brisson, Parks and Recreation Director, Vanessa Bessey, Environmental Resources Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Coward, seconded by Com. Grande, to approve the minutes of the meeting held on February 27,2007, and; upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A TIONS A. Resolution No. 07-083- Proclaiming the week of March 13,2007 through March 19,2007 as "Surveyor's Week" in St. Lucie County- Consider staff recommendation to approve Resolution No. 07-083. It was moved by Com. Lewis, seconded by Com. Grande, to approve Resolution No. 07- 083, and; upon roll call, motion carried unanimously. Mr. Charles Arnold, Culpepper & Terpening accepted the proclamation. 3. GENERAL PUBLIC COMMENTS Mr. John Arena, Ft. Pierce resident, addressed the Board with regards to much being removed from our port and it being used for development fill. 4. CONSENT AGENDA 1 It was moved by Com. Lewis, seconded by Com. Grande, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 22. 2. COUNTY ATTORNEY A. Resolution No. 07-304- Extension of Declaration of State of Local emergency- Indian River Drive- The Board approved the Declaration and authorized the Public Safety Director to sign the Declaration. B. Resolution No. 07-082- Extension of Open Air Buming- The Board approved Resolution No. 07-082 and authorized the Chainnan to sign the Resolution. C. Ordinance No. 07-010- Pennission to advertise proposed Ordinance No. 07- 010 (Animal Registration) for a Public Hearing on April 3,2007 at 6:00 p.m. - The Board approved advertising the public hearing for Ordinance No. 07-010. D. Contract for Sale and Purchase- Paradise Park Stonnwater Improvement- The Board approved the Contract for Sale and Purchase from Peter Zecca for the purchase price of $116,000 and authorized the Chainnan to sign and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. 3. PUBLIC WORKS A. Engineering Division- Work Authorization No.9 (C05-04-190) for Professional Surveying Servies with LBFH, Inc., for Pulitzer Road and Orange Avenue- The Board approved Work Authorization No.9 (C05-04- 190) for Professional Surveying Services with LBFH Inc.. for Pulitzer Road and Orange A venue in the amount of $8,400. and authorized the Chainnan to sIgn. B. Engineering Division -Solida Drive Culvert Replacement- The Board approved awarding the Solida Drive Culvert Replacement Project to the low bidder, Johnson Davis, Inc., in the amount of $119,298.00, establish project budget and authorized the Chairman to sign. C. Engineering division- First Amendment to Work Authorization No.1 to the contract for Professional Engineering Services related to Stonnwater Management with Inwood Consulting engineers, for additional survey and geotechnical services for Hannony Heights Stonnwater Improvements Phase 1 in the amount of $19,494.- The Board approved the First Amendment to 2 Work Authorization No.1 with Inwood Consulting Engineers for additional survey and geotechnical services for Harmony Heights Stormwater Improvements Phase 1 in the amount of $19,494.00 and authorized the Chairman to sign. 4. P ARKS AND RECREA nON - The Board approved the removal of listed capital equipment items from the County's Fixed Asset Inventory. 5. PURCHASING A. Street Resurfacing Annual Contract- The Board approved awarding an invitation to Bid 07-029, Street Resurfacing Annual Contract to the lowest bidder, Ranger Construction Industries, Inc., for a not to exceed $1,054,186.80 and authorized the Chairman to sign the Amendment. B. Fixed Asset Inventory- Property Removal Record- The Board approved the removal of listed records from the Fixed Asset Inventory from various St. Lucie County Departments. C. Fixed Asset Inventory- Property Removal Records- The Board approved the removal of listed records from the Fixed Asset Inventory from the St. Lucie County Clerk of Courts. 6. PUBLIC SAFETY A. Purchase of a desktop computer- The Board approved the purchase of a desktop computer with standard specifications in the amount of $1,160.00 approved Budget Amendment BA07-044 and Equipment Request 07-312 and authorized the Chairman to sign. B. State Homeland Security Grant Time Extension Modification- The board approved Modification # 1 to Agreement 07-DS-3W-10-66-01-248, State Homeland Security Grant Agreement. REGULAR AGENDA 5.A COUNTY ATTORNEY (0: 10:29) Ordinance No. 07-009- Off Road Vehicles- Consider staff recommendation to adopt proposed Ordinance No. 07-009. Mr. Sean Webb, Ft. Pierce resident, addressed the Board and requested the county find a location for the off road vehicles. He stated his opposition to the ordinance and the $100.00 penalty. 3 Com. Craft advised Mr. Webb county staff is presently working with the South Florida Water Management District in an attempt to find a location. It was moved by Com. Grande, seconded by com. Lewis, to approve Ordinance No. 07- 009, and; upon roll call, motion carried unanimously. 5.B GROWTH MANAGEMENT (0:12:31) Petition of Mercedes Homes for a 12 month extension of the date of expiration for the project known as Celebration Pointe PUD and major adjustment to the conditions of approval for property located at the southeast corner of the intersection of Peterson Road and South Jenkins Road. Draft Resolution No. 07-039- Consider staffrecommendation to approve Draft Resolution No. 07-039. The Growth Management Director addressed the Board and reviewed the memorandum dated February 27,2007. In item 1 if the memorandum he stated he felt this issue should be addressed by the Mercedes Home National Pollutant and Discharge Permit. In item 2 he alluded to Section 1-13.8-19 of the St. Lucie County Code and Compiled Laws which states that if permits for construction were issued prior to December 6, 2006 the permitted hours of construction are between 7:00 a.m. and Sundown. Ifpermits for construction were issued on or after December 6, 2006, the hours of operation are between 7:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and 5:00 p.m. on Saturdays. Staff recommended the following condition which is consistent with other projects, be added to any 12-month extension: "The hours of operation for construction activities shall be limited to the time period from 7:00 a.m. to 5:30 p.m. Monday through Friday, 7:00 a.m. to 1 :00 p.m. on Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. The hours of operation shall be clearly posted on the subject property in a conspicuous location for viewing by the public." Com. Craft stated he was not interpreting the code in this manner. He felt they were able to work before 7:00 a.m. as long as they do not exceed the noise decibel chart. Com. Grande stated in reviewing the first highlighted area, his understanding is there was to be no construction activity during the hours banned. He believes the intent was not to have any work done on the construction site before 7:00 a.m. The County Administrator stated he defined work on construction site to be certain things needed could be done to maintain the site outside the hours, but not actual construction. The County Attorney alluded to the minutes of October 17,2006, item 5-D page 8. He stated his interpretation was, "you are totally exempt if you are working within those hours from the noise ordinance and if you are working outside the hours and you generate 4 noise, you would need a permit from the Board work outside the stated hours." He advised the Board of a standard condition approved in 2005 regarding hours of operation and this development pre-dates this condition. In current approvals this condition is stated. The County Attorney suggested placing the limited hours of operation in the Land Development Code (under building code general). At this point it is being placed as a condition. The Growth Management Director stated they have a standard condition they are recommending tonight to be placed in all the resolutions to approve PUD and site plans. This condition has certain hours and has more stringent requirements. Com. Lewis stated she recollects the issue not so much as regulating construction per say, but more a disturbing the residents issue and this more so addressed in the noise ordinance. She is comfortable with addressing this by using the noise ordinance section and does not see the need to go further. Com. Coward stated he believed the clear intent to him was to have hours of operation, but he does believe it can be interpreted differently and concurs it needs to be clarified. The Growth Management Director stated if the Board wished to restrict the hours they were in agreement with utilizing the hours stated in the noise ordinance. He also addressed items 3,4 and 5 which referenced land clearing issues, fence removal issues and drainage issues. He felt these issues were a matter of Code Enforcement and Civil procedures. The issue of height of the single family homes was addressed and he stated the developer at the time stated the homes around Peterson Road would be one story. This issue was not made part of the motion when this application was previously heard and if they wish to add it, it could be made as an additional condition. Com. Coward stated the developer clearly stated that all the homes in the northern area were to be single story homes and he believed when Com. Smith the motion he indicated " to include all additional requests" and he believes this was included (single story home commitment made by the developer) and clearly understood by all that this was the intent. If it was needed to be made a condition, he did not have a problem with it. Com. Craft stated he viewed the video of the meeting and the developer of United Homes came to the podium and stated he did not have a problem with the one story homes request. The Growth Management Director alluded to the request of the applicant to revise condition # 3. Staff did not support the applicant's proposed revision to read "No two adjoining single-family homes shall have the same front architectural elevation. Staff supports maintaining the original wording of Condition # 3 so it will also apply to the new townhomes. Staff felt the word adjoining is misleading and it should be adjacent. 5 The applicant also requested to add an eighth condition of approval to allow for the construction of Dry Models for the proposed project: Staff support adding the proposed to condition to read: 8. Pursuant to Section 11.03.01 © of the St. Lucie County Land Development Code, the developer, his successors or assigns shall be allowed a building pennit for up to a maximum of four residential units to be issued after approval of a Preliminary Record Plat and construction plans but before approval of a final plat. The Growth Management Director stated they support adding this condition. Com. Coward requested an update on the stop work order issued at the last meeting. Mr. Joseph Mule, Assistant Manager Code Compliance advised Com. Coward upon his visit to the site, the contractor was in violation of the noise ordinance and starting work before 7:00 a.m. Ms. Cynthia Angelos, attorney for the developer (Mercedes Homes) addressed the Board and stated Mercedes Homes is one of the largest builders in the country and presently have 40 active projects under way in Florida and have not had any complaints with those projects. Ms. Angelos stated Mercedes Homes will be abiding by the noise ordinance and the conditions in the development order. She clarified the submittal had taken this long due to the back log with staff and had it been processed they would not be before the Board requesting an extension. Ms. Angleos advised the Board the developer agreed to it and would advise the contractor they are not to commence work before 7:00 a.m. as part of the development order. In speaking with the residents, Mercedes is very sensitive to the residents concerns and they are working to get the situation straightened out with the neighbors. Ms. Angelos stated there was an inconsistency in the development order and the site plan approval. Staff is recommending no two adjoining single family homes shall have the same front architectural elevation and now changed to "adjacent" the language in the condition of the site plan refers to single family units. She wished to clarify if this requirement was pursuant to the condition of the site plan and pursuant to the development order and this is what their request was, referring to single family units. Com. Grande asked in hearing staff's recommendation, is Mercedes willing to comply with it and also for the non- single family units. Ms. Angelos stated she did not know if they had faced this issue since she thought staff understood it to be a typo and inconsistency of the two. She was not sure if her client 6 was aware there was a request for it to pertain to multi family. She would speak with her client. The Community Development Director stated staff preferred the language in the adopted resolution and this was the reason their recommendation was against the change. He felt it would provide a better product and result and will maintain property values. Ms. Angelos requested reserving her comments on this issue until later. Ms. Angelos addressed the dust issue and stated Mercedes has hired an Environmental consultant and presently there is a huge pile of dirt at the site. It was recommended a water truck be there to keep the pile wet and use the gravel and build a silk fence to minimize the dust. She recommended the Alpha plan and recommendations also be made part of the development order. Com. Grande requested the water truck be at the site on a daily basis. Ms. Angelos stated they would add having the water truck on a daily basis. Ms. Angelos addressed the discussions held with the Langel family. She stated the single family homes will be placed on the entire northern property line as the Board desires. Also in speaking with Mr. Langel, they discussed the buffering and landscaping along Peterson Road. Mercedes has agreed to enhance the landscape plan approved and a conceptual plan was received late today. Mr. Langel had requested the buffering be done as soon as possible however, staff needs to approve it and certain permitting must take place. However, she wanted the Board to be aware it is in the works. Com. Craft questioned how soon Peterson Road would be paved. The developer advised the Board, Peterson Road would be paved within 60 days. Ms. Angelos stated with regards to the fence, Mercedes has offered to replace the fence however she stated Mr. Mishoe is not pleased with their offer. The County Administrator addressed the Saturday working hours where he believed they should read 7:00 am -1 :00 p.m. The Growth Management Director stated in the Ordinance they are listed as Saturday 8:00 am to 5:00 p.m., however, staff recommendation is 7:00 a.m.-1:00 p.m. to be consistent with all developers. Com. Coward questioned the access to the South and how it has been resolved. 7 Ms. Angelos stated Mercedes had placed a dirt pile on Mercedes property so that no one could access through Mr. Mishoe's property. She stated there would be a penn anent benn after the pile has been used. Com. Coward asked Ms. Angelos ifthere would be a problem with a condition being added stating there would no longer be access pennitted through the Mishoe property. Ms. Angelos stated adding the condition would not be a problem. Mrs. Mishoe addressed the Board and advised them she sent e-mail a year ago and asked them to stop using her road and one year ago her fence was stolen. She does not buy the developer is sensitive to the issues concerning the surrounding residents. Mrs. Mishoe addressed the Board with reference to the agreement that the contractors were not to begin work before 7:00 a.m. and the stop work order. Mrs. Mishoe advised the Board when her fence was taken down she visited the Commission office and spoke to his Executive Aide. Com. Craft stated this was not a county issue it was a civil issue. A trespassing issue is also handled by our law enforcement not the County. Com. Coward stated he wanted it noted for the record that Mrs. Mishoe had requested assistance from his office. Mr. Mishoe requested the Board shut the job down until all the issues have been addressed. He felt his issues have not been resolved. Com. Lewis advised the Board she has received indications that Mr. Gillan from Mercedes Homes had contacted Mr. Mishoe. She believed a survey had been done to verify the boundaries. Ms. Angelos stated they offered to replace the fence or pay for it and Mr. Mishoe asked her how much additional money he was to receive in addition to the fence being replaced and Ms. Angelos questioned why they should give him more money if they were going to replace the fence. He stated if there was not going to be additional money he was not willing to talk to them and walked away. There is a letter on file indicating they were willing to replace it. Com. Craft stated the fence issue was moot. Com. Lewis also stated there had been some indications that the fence belonged to someone else, however if this was not the case she did not have any further questions. Ms. Betty Pallas, 1709 Swain Road addressed the Board and stated Mercedes Homes has been working with them for some time. She would like for them to continue to work so 8 that they can complete the wall. She has never heard any construction noise before 7:00 a.m. and she is home all day every day. Mr. Pat Langel 990 S. Jenkins Road addressed the Board and stated he would like for the berm to have vegetation that would provide coverage early not five years ITom now. He would like mature trees placed on the berm. Ms. Angleos stated they have an approved landscaped plan but are willing to work with Mr. Langel to enhance the plan. He would also like to dust problem addressed. Mr. Chris Langel, Jenkins Road resident addressed the Board and stated his main issue was the dust problem the other issues have been addressed. Ms. Susie Caron, 8500 Indrio Road resident, addressed the Board and the hours of operation was her main issue. She reminded the Board of the problems she and her surrounding neighbors had with the Emerson Estates project. She stated she felt the berm should be as is the one required for Emerson Estates. She recalled some of her past experience with Emerson Estates. Ms. Angelos stated Mr. Nix, Community Development Director had a good suggestion with regard to the landscaping. The Community Development Director recommended having a buffer designed by a registered landscape architect in Florida meeting specified height limits and performing standards hiding the homes 15/20 feet in height and with 90% opaque coverage year round. The berm and landscaping would be done by this architect. Ms. Angelos stated she would not be sure when this would be ready for submission since they need to have irrigation available. She advised the Board her client is amenable to the suggestion provided by the Community Development Director. Com. Craft stated he would like to see the Community Development Director work with the developer and the residents and the landscape architect and bring it back to the Board for subsequent adoption of that particular condition. Mr. Langel stated he felt it would be a good idea if the had the ability to work with the developer, the Landscape Architect and the Community Development Director and bring it back to the Board. Ms. Angelos stated they would be comfortable with 60 days. The Board stated 60 days was acceptable. Mr. David Morgan, Guettler & Sons construction wished to clear up issues, the job was shut down due to the fact there may have been movement before 7:00 a.m. not due to the noise because they did not have a meter available to measure decibels. He also advised 9 the Board he wished everyone understand that if they are placing time restrictions they will have many independent truckers going to other jobs that start earlier and out of the area jurisdiction and the piles of dirt may around longer. He also addressed the survey and how it was done on the south property. The surveyor met with the residents all day Saturday and the berm and the pipes were put in with the direction of the residents. They placed the silk fence according to the boundary survey. The County Attorney suggested additional conditions such as: a) the water truck shall be at the site daily and used as needed and the developer shall have implemented the DEP Erosion and Sediment Control best management practices and have them on site. b) with regards to the enhanced landscaping- the developer shall provide an enhanced landscape plan and berm along Peterson Road. The plan shall be designed by a registered landscape architect. The enhanced landscaping design shall be reviewed by the neighbors and exceed the County's landscaping code with the number of trees and height of trees and shall be agended for Board consideration within 60 days from the date of this resolution. c) no access to the project shall be permitted from the Swain Road extension. d) perimeter wall- the developer shall complete the perimeter wall along the property of Swain Road 60 days from permitted date. e) construction hours: 7:00 a.m. -5:30 p.m. Monday through Friday 7:00 a.m. -1 :00 p.m. Saturdays No Sundays and No Federal Holidays f) condition # 3- will remain as is per staff recommendation With regards to Resolution 07-039B a) Maximum height of 1 story for single family homes on the northern property limits b) and also condition # 8 the developer, his successors or assigns shall be allowed a building permit for up to a maximum of four residential units to be issued after approval of a Preliminary Record Plat and construction plans but before approval of a Final Plat c) and a revision to condition # 1 where the developer shall convey to St. Lucie County, in a manner and form acceptable to the County Attorney, 45 feet of additional right of way for Peterson Road along the North property line of the subject property. Twelve months from the recording of this resolution or the recording of the Road Improvement Agreement whichever occurs earlier, the developer shall construct Peterson Road to County specifications to include pedestrian and bicycle paths. Com. Coward stated he did not have a comfort level with what he has heard concerning the continued violations and would like an added condition. He would like to see an extended stop work order of up to 30 days should there be another violation. Com. Grande stated he would not suggest a specific time period but would go along with the Attorney that any infraction should cause an immediate stop work order. 10 Com. Craft recommended there be time given to secure the project and make it safe for public travel, it would be phasing down part of the shut down. Com. Grande stated he did not have a problem with it as long as they do not continue to work while the phasing time was completed. Only the specific tasks should be worked on. Ms. Angelos requested clarification on condition # 3 as it relates to Swain Road about the private property access with regards to the canal and also she stated they would be willing to provide a monetary penalty if there was another violation. It was moved by Com. Coward, seconded by Com. Grande, to approve staff recommendation with the additions as laid out by the County Attorney; also to include the general guidelines ofthe Best Management Practices with sediment control; the Alpha Report as submitted by Ms. Angelos with regards to the dust; the language concerning additional infractions would cause an immediate stop work order ay which time the issue would return to the Board for additional action; and also lifting the stop work order that is currently in place; and the construction of the wall within 60 days after the permit issued the county, and; upon roll cal, motion carried unanimously. 5.C GROWTH MANAGEMENT (1 :57:09) Petition of A.W. Riverlanding, LLC for a change in zoning from the RS-2 and CO zoning districts to the PUD zoning district and Final Planned Development Site Plan Approval for the project known as River Landing- PUD Draft Resolution No. 07-003- Consider staff recommendation to approve Resolution No. 07-003 subject to seventeen limiting conditions of approval. Mr. Jason Literik, representing the applicant addressed the Board and requested a continuation in order to address various conditions added. Mr. John Ferrick, area resident, addressed the Board with regards to the 17 conditions and especially the one indicating the elevation of each unit. He advised the Board of his opposition to the project. Mr. Doran Russell, President, White City Improvement Club addressed the Board and advised them the Club opposed the proposed density for the project. Also as a resident, he advised the Board he had obtained counsel to represent him as he felt he was denied due process by the So. Florida Water Management District. He advised the Board he owns property to the south and the east of the project and these parcels are in a flood zone. Mr. Culverhouse, counsel for the Mr. Russell advised the Board the permit for this project may have been issued in error and this was the reason for his contact with the 11 South Florida Water Management District. He is waiting to receive infonnation he requested from the district. It was moved by Com. Grande, seconded by com. Lewis, to continue this public hearing on April 17, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.D GROWTH MANAGEMENT (2: 10:25) Consider Draft Developers Agreement DV A 07-001, approving Developers Agreement between Incom Properties 31 Inc., King's Center and St. Lucie County- Consider staff recommendation to approve the Developer's Agreement 07-001. It was moved by Com. Coward, seconded by Com. Grande, to approve moving on to the second reading scheduled for March 2, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. 5.E GROWTH MANAGEMENT Petition of St. Lucie Oaks commercial, LLC for a Change in Zoning from the CG and PNRD zoning districts to the PNRD zoning district and Preliminary Planned Unit Development Site Plan approval, for the project to be known as St. Lucie Oaks Commercial- PNRD and consisting of a four story 88 room hotel and approximately 16,200 square feet of restaurant /office space Draft Resolution No. 07-002- Consider staff recommendation to approve a Change in Zoning from the CG and PNRD zoning districts to the PNRD zoning districts and Preliminary Planned Unit Development Site Plan, subject to limiting conditions. Mr. Bob Burson, representing the applicant was present to answer any questions the Board may have. Ms. Pamela Hammer, Planning and Zoning Board addressed the Board and stated she had a problem with the site plan and the curb cuts, too much parking at the hotel and not enough parking for the restaurant/. Com. Craft expressed his concern with the US Highway 1 entrance. Com. Grande comments on the need for a d-cellane. He believed the multiple use of this concern is good and is in support of the use of the parcel but felt there was not enough imagination used. He stated he would like to see this site plan come back showing better use of the land. He stated he did not have a problem with the entrance at Brazilian, and having the exit on U.S 1 but felt a d-cellane was needed. 12 Com. Coward stated he did not like the overall design and would like the building moved further to the east. He expressed his concerns with the traffic, the parking and stated he was not ready to approve this project as is. Com. Lewis stated she had not had a problem entering the McDonalds when it was at that location and she believes there would not be a problem. Com. Craft stated he envisioned Virginia Avenue and U.S. I and felt there was a safety concern with the entrance location. He would also like to see more buffering on the west side of the project. He suggested the applicant take time to improve the site plan. It was moved by Com. Coward, seconded by Com. Grande to continue this item on June 5,2007 at 6:00 p.m. or as soon thereafter as it may be hear, and; upon roll call, motion carried unanimously. 5.F COUNTY ATTORNEY Public Hearing- Petition for Abandonment of a portion of Rock Road North ofI-95 to Angle Road- Resolution No. 07-022- Consider staff recommendation to continue this Public Hearing to May 1, 2007 at 6:00 p.m. or as soon thereafter as possible. It was moved by Com. Lewis, seconded by Com. Grande to continue this Public Hearing on May 1, 2007 at 6:00 p.m. or as soon thereafter as it may be heard, and; upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 13 ~'" ",/" lU61áo&associates TRANSMITTAL HAND DELIVERY o Urgent 0 Please Review 0 Please Comment 0 Attachments 0 Please Recycle From: Pa es: Phone: 1 Date: To: 6 Project No. #04-380 Subject: St. Lucie Oaks Commercial, LLC - HoteVrestaurantJoffice Per your attached e-mail request, please find enclosed 10 full size copies of the revised site and landscape plans and an II"x 1 7" reduction of the same. I have also attached my May 1 7, 2007 letter to Yvette Alger that describes the specific changes to the landscape plan. Please let me know if you need anything else. . ...' t·1Ä{ 2::: 2007 , ".¡ \,., ~\ !;onc.~{)¡")ent '-' 701 E. OCEAN BLVD., STUART, FL 34994 P(772)220 - 2100 F(772)223 - 0220 EMAIL: MCRADY@LUCIDODESIGN.COM Page 1 of 4 Morris Crady _..~_M,~..__.~,__~,<.____.,_~_q_,~.~__~_~_"'__"_"~_'"___,__.____~~___.________.'M_____..____._~__·_.'_M___~--.-'"---.--- From: Morris Crady Sent: Tuesday, May 22,20074:09 PM To: 'Lisa Wargo'; bob@robertburson.com Cc: Aida Lalaoo;.ccma_inc@bellsouth.net; Yvette Alger Subject: RE: 81. Lucie Oaks Commercial Lisa, I am meeting with Yvette tomorrow at 9:00am to review the landscape plan. We spoke briefly today and I made a few minor changes but overall I believe she agrees we exceed standard code requirements. I will hand deliver 10 copies of the site plan and 10 copies of the landscape plan to you after my meeting with Yvette. I also have the 11 x 17 reductions. I believe the revised survey and topography maps were delivered to you already. Thanks, Morris -----_._._----_._----~~-~- From: Lisa Wargo [mailto:WargoL@stlucieco.gov] Sent: Thursday, May 17, 2007 10:01 AM To: Morris Crady; bob@robertburson.com Subject: RE: St. Lucie Oaks Commercial Ok Gentlemen, I've attached a copy of the final DRC staff comments for those staff members transmitted the last set of plans for St. Lucie Oaks Commercial. I will be sending a copy certified mail. If comments change in the meantime, we will be able to address them at the meeting. Morris, we will need 10 copies of the site plan, landscape plan, boundary and topo surveys and (1) llx17 site plan copy, we will make the additional copies of the llx17 needed. I'll be all over the place today so it may be hard to catch me if you need to contact me. Lisa »> "Morris Crady" <mcrady@lucidodesign.com> 5/17/20078:50 AM »> Lisa, I am meeting with Yvette next Wednesday at 9:00am in her office. In the meantime, we are going to hand- deliver the revised landscape plan to her office with a brief explanation of the improvements, I will also send you a courtesy copy to keep you in the loop. Let me know when you will need extra copies for transmittal to the Board members. Thanks, Morris Crady 772 220-2100 5/22/2007 v~/' . luaido&assoclates May 17,2007 VIA Federal Express Phone: 772 462-2526 Ms. Yvette Alger, Environmental Planner St. Lucie County Environmental Resources Department 6120 Glade Cut-Off Road Fort Pierce, FL 34981 RE: St. Lucie Oaks Commercial, LLC - Revised Landscape Plan and Response to Comments from Environmental Resources Division (Our Project #04-380) Dear Yvette: ill preparation of our meeting next Wednesday at your office, please fmd enclosed 3 copies of the landscape plan that has been revised as follows: We have added back the 21 red maples and 1 cypress tree within the area surrounding the dry detention areas. These trees were previously provided to compensate for the 2 protected trees on site. At some point during the process, they were then replaced with twenty 18' oaks with a minimum 5" DBH. However, to ensure compliance beyond minimum code requirements, we have retained the maples, cypress and oaks and enhanced the landscape buffer adjacent to the wall along the apartment site to provide extra screening as requested by Commissioner Craft and Commissioner Coward. We have also shown the existing landscaping on the apartment site. We have identified on the plan the existing royal palms (24) and the relocated cabbage palms (18) that will be retained along the south side of Brazilian Court. Per you comment, these trees have not been counted towards the project's landscape requirements. Although you will allow the relocated cabbage palms to count as mitigation for the removal of the two protected trees on site, the applicant is not requesting any credit for these trees. The trees and shrubs that were erroneously shown in the proposed access connection to Sun Bank have been adjusted. Lastly, per a meeting with Commissioner Coward, we have greatly enhanced the landscaping along US-l by adding native groundcover species and additional shrubs to create a 100% opaque screen a minimum of 4 feet in height and a 75% opaque screen from 4 feet to 6 feet in height. The additional landscaping is intended to effectively screen thè vehicular use area from US-l while maintaining a view of the buildings' architectural features and elements. I trust these changes meet or exceed your expectations. I look forward to our meeting next Wednesday. 7[11 East Ocean Boulevard Stuart, Florida 34994 tel: 772220.2100 fax: 772.223.0220 web: wvvw.lucidodesign.com Ms. Yvette Alger May 17,2007 Page 2 of2 Please feel ftee to contact me if you have any questions or comments. Sincerely, ~ ~rndÇA Vice President End Copy: Lisa Wargo, SLC Growth Management Department (via federal express) Robert Burson Brasilino Filipe AGENDA REQUEST ITEM NO. 5 £, DATE: June 5, 2007 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 07-037 - TVC Comprehensive Plan Amendments BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board adopt Ordinance No. 07- 037 and authorize the Chairman to sign the Ordinance. 1><1 APPROVED [ ] DENIED [ ] OTHER: D glas Anderson County Administrator COMMISSION ACTION: Approved 5-0 Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eff. 5/96 INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 07 -929 DATE: May 24, 2007 SUBJECT: Ordinance No. 07-037 - TVC Comprehensive Plan Amendments ************************.....AA.......AAAAAAAAAAAAAA.AAAAAAAAA*********************** BACKGROUND: On May 1, 2007, the Board approved the Stipulated Settlement Agreement with the DCA pertaining to the TVC Comprehensive Plan Amendments that were adopted by County Ordinance No. 06-018 on May 16, 2006. The Stipulated Settlement Agreement contains proposed Remedial Amendments. Under the terms of the Settlement Agreement, if the County completes the remedial actions and adopts the remedial plan amendments, DCA will issue a notice of intent to find the initial plan amendments and remedial plan amendments in compliance. DCA has signed the Settlement Agreement. Attached to this memorandum is a copy of draft Ordinance No.07-037 which contains the remedial plan amendments identified in the Settlement Agreement. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board adopt Ordinance No. 07-037 and authorize the Chairman to sign the Ordinance. Respectfully submitted, ~ Daniel S. McIntyre County Attorney DSM/caf Attachment ORDINANCE NO. 07-037 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN RELATING TO TOWNS, VILLAGES AND COUNTRYSIDE (TVC) ELEMENT, WHICH AMENDMENTS SHALL APPLY TO PROPERTY GENERALLY LOCATED WITHIN THE AREA DEPICTED ON EXHIBIT "A" HERETO, AFFECTING THE QUAIL MEADOWS PROJECT ALSO DEPICTED ON EXHIBIT "A" HERETO, AND ADOPTING AMENDMENTS TO THE CAPITAL IMPROVEMENTS ELEMENT, SOME OF WHICH PERTAIN SPECIFICALLY TO THE NORTH ST. LUCIE SPECIAL AREA PLAN ALSO DEPICTED ON EXHIBIT "A" HERETO, WHICH AMENDMENTS ARE ATTACHED AS EXHIBIT "B"; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND OTHER AGENCIES AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Florida, Department of Community Affairs ("DCA" or "Department"), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, St. Lucie County ("County") is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, the Plan Amendment adopted text amendments to the Future Lan,d Use, Transportation, Recreation and Open Space, Intergovernmental Coordination, and Capital Improvement Elements of the Comprehensive Plan, adopted four future land-use map amendments, and created the Towns, Villages and Countryside Element; and WHEREAS, the Department issued its Statement of Intent and Notice of intent regarding the Plan Amendment on July 17, 2006; and WHEREAS, as set forth in the Statement of Intent, the Department contends that the Amendment is not "in compliance because the new Towns, Villages and Countryside Element and the future land-use map amendments are not supported by a demonstration that potable water is available; the Capital Improvements Element does not include transportation facilities needed to support the Towns, Villages and Countryside Element or the Quail Meadows Plan Amendment; and the Towns, Villages and Countryside Element does not contain sufficient detail regarding income qualification criteria and long-term maintenance of the workforce housing; and WHEREAS, the County disputed the allegations of the Statement of Intent regarding the Plan Amendment; and WHEREAS, certain parties filed a Petition challenging the Plan Amendment, which petition was assigned DOAH Case Number 06-2834 GM; and WHEREAS, the Department has filed a Petition challenging the Plan Amendment, which petition was assigned DOAH Case Number 06-2845 GM; and WHEREAS, Case Nos. 06-2834 GM and 06-2845 GM have been consolidated for all purposes (the "Pending Proceeding"); and WHEREAS, certain parties have intervened in the Pending Proceeding and also dispute the allegations contained in the Statement of Intent and dispute the Department's finding of not "in compliance"; and WHEREAS, the parties have met and discussed settlement extensively and on numerous occasions, and the County has furnished additional data and analysis in support of the Plan Amendment to the Department and to the other parties which amendments are attached to this Ordinance as Exhibit "B"; and WHEREAS, the Department has agreed that if the County adopts the amendments attached as Exhibit "B", the Department will issue a cumulative Notice of intent finding the Plan Amendments adopted by Ordinance No. 06-019 and the amendments attached to this Ordinance in compliance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above stated recitals is hereby adopted and confirmed. Section 2. Adoption of Towns. Villages and Countryside Comprehensive Plan Amendments. The Board hereby adopts the Towns, Villages and Countryside Comprehensive Plan Amendments, attached as Exhibit "B" hereto, which amendments shall apply to that property generally located in the Towns, Villages and Countryside comprehensive plan element boundary as more specifically depicted in Exhibit "A" hereto. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The County Growth Management Director is hereby directed to ensure that this Ordinance and all necessary supporting data and analysis and other relevant documents are forwarded within 10 working days to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council and other agencies in accordance with Rule 9J -011(5), Florida Administrative Code. Section 5. Effective Date. The effective date of the comprehensive plan amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An Adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the Board adopts a resolution affirming its effectiveness in the manner provided by law. After motion and second, on second hearing and adoption, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chair Joseph E. Smith Commissioner Doug Coward Commissioner Paula A. Lewis Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 5th day of June, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney z~ rJI'- t; ....0. § ~ J '................,.i..~ ..¡ '" .... ,~ ~ ~ ~ ~ -0 ~ ~ .~.. 'I' ro (§ C- '-í ~ ~ "~ ~ ~ '" ~ ro :.t. ~ C"') It) N N rn ~ ~ .- ~ It) "": 0 0 ro Q) ..... ~ >- "'C :J +-' CJ) Þ c :J e Ü .c t e Z ... . · . · . · . · . I..J .!!1 _C: ,__...A I L so 0·_ _ .~ Ll.'1I.. ~ \~ :¡ n;-~ ~ I\{( ~ ~ .~~ ~ ( t 'i ~f~ ~< u:;r; '" - ~~ ~ %,<D;, --" ~ ~ ~ ~~'" ß ~- - '; .~lY....r-.;w> _ ~ '" 'C- <.) .-..- -- -î.. '11 :t .. ~ \..89001'1 ~ ~ , .;/' River E \nd\<ì[1 u' - ....,. r::;;,¡'" ~ ~ '-\ ~'~~l ~ RW It ~~~ .~ +.~ ro 11 rlit ..... 11 _, '2 "Y~gJrlJ - ~ ~ ~--- ~L -i .,~ tm 'b _~ I ~ ù_~ l;,~~ I f µ ~H3 '~P- p~ U~Þi ""iI~ ::rIr¡....'-::¡ ~ ~ '-',VI I ,,'" _J 1_ :r ...... ~ ~~. p~ ^J!80 ~~~ ';J. ~ ,. ¡ r II; :I'd ~ ÁMe! s5ul)f~ "" ~ / "" "" "" J ,~æ ~~~'P,1C'·~U~"" "" ~fi I ~ o '" "" "" "" ~ ~ ~ ï71 ~ '~t~~~~ U SU4<~~~ ~Y-1 .;:V ~~~ ~ ~ '" ~ # r ~ ~~~~~ . ~ = " I ~ ~ ro "'C c C/) 1- :J ........ ~ I- e ro 0 CD ~ C "'0 ro ro +-' Q) C U :2 Q) E u... ..... ro Q) Q) Q) :J ..... LU ro ..c 0 ..... ü (j) '--- ü Q) r- ~ Q) co c ---- -I-- ..c ~ If) c ro :J c (j) ro U EXHIBIT B SCHEDULE OF REMEDIAL ACTIONS St. Lucie County will undertake the following remedial actions: POTABLE WATER AND SANITARY SEWER 1. St. Lucie County has previously submitted additional Support Documents, including data and analysis, to demonstrate that potable water and sanitary sewer facilities will be available to meet the demands of existing and proposed development. The Department acknowledges the receipt and sufficiency of such data and analysis in support of the Remedial Amendments as shown in Attachment I. The Documents included the following: a. F1. Pierce Utility Authority's (FPUA) schedule of permitted, utilized and excess capacity, the capital improvements schedule and a copy ofthe executed interlocal agreement between St. Lucie County and FPUA, contained in the report titled Response to Florida Department afCommunity Affairs 06-1 Comprehensive Plan Amendments for the St, Lucie County Towns, Villages & Countryside (TVC) Element, July 2006 (the "Response"). The information in the report was prepared by S1. Lucie County Utilities, F1. Pierce Utility Authority, LBFH, Inc., S1. Lucie County Public Works, S1. Lucie County Growth Management and the Treasure Coast Regional Planning Council. b. FPUA's adopted Master Plan, submitted to South Florida Water Management (SFWMD) on January 22, 2007; c. Surface Water Management Report & Supplementary Documents prepared by LBFH, Inc., submitted to South Florida Water Management (SFWMD) on January 22, 2007; d. Documentation from St. Lucie County's current SFWMD application, submitted to SFWMD on January 22, 2007; e. Documentation from FPUA's current SFWMD application and updated population and demand projections submitted to SFWMD on January 22,2007; f. Documentation of public meetings regarding the formation of a Special District or municipal service taxing unit or benefit unit (MSTU/MSBU) and financing options for the TVC area, submitted to SFWMD on January 22, 2007 and the Department on February 6, 2006; g. Documentation via email regarding the amount of State Revolving Funds (SRF) used for FPUA capital improvements within the first 3 years. 2. St. Lucie County will adopt Remedial Amendments shown in Attachment 1, Remedial Plan Amendments, under the headings, "Proposed Water & Wastewater Amendments to TVC Element," and "Proposed Water & Wastewater Amendments to Capital Improvements Element." TRANSPORTATION FACILITIES IMPROVEMENTS 3. St. Lucie County has previously submitted additional Support Documents, including data and analysis, to demonstrate the impacts of anticipated development within the TVC land-use classification upon transportation facilities. The Department acknowledges the receipt and sufficiency of such data and analysis in support of the Remedial Amendments as shown in Attachment I. The Documents included the following: h. Copies of the Florida Department of Transportation adopted work plan for 1-95 in District 4 dated January 21, 2007, submitted to the Department on February 6, 2007; i. Two memoranda including additional transportation modeling by. GMB Engineers, Inc., dated February 1, 2007, submitted to the Department on February 6,2007; j. Memorandum regarding financial feasibility by Treasure Coast Regional Planning Council, dated February 6, 2007, submitted to the Department on February 6, 2007; k. Memorandum regarding the Jobs to Housing Balance by TCRPC, dated February 21,2007, submitted to FDOT and Department on February 21, 2007; \. Copies of the Florida Department of Transportation adopted work plan for 1-95 in District 4 dated March 6, 2007, submitted to the Department on March 8,2007; m. A memorandum including additional transportation modeling by GMB Engineers, Inc., dated April 5,2007. 4. St. Lucie County will adopt Remedial Amendments shown in Attachment 1, Remedial Plan Amendments, under the headings, "Proposed Transportation Amendments to TVC Element," and "Proposed Transportation Amendments to Capital Improvements Element." WORKFORCE HOUSING 5. St. Lucie County will adopt Remedial Amendments shown in Attachment 1, Remedial Plan Amendments, under the heading, "Proposed Workforce Housing Changes to TVC Element." QUAIL MEADOWS LAND-USE MAP AMENDMENT 6. The County has already adopted a revised Capital Improvements Element that adds certain improvements to the intersection of Kings Highway and Orange Avenue. Remedial Amendments for 06-01, Docket No. 06-1-NOI-560 l-(A)-(N) April 6, 2007 Proposed Changes to TVC Element [Proposed changes are indicated by strikethrougfl for deleted text and under! ine for added text.] Fiscal Neutrality: A result wherein the net effect of tax revenue, impact fees and other financial contributions received from new development added to the pubic spending for infrastructure for the development is neutral so as not to negatively affect the ~ fiscal budget. * * * * * * Policy 3.1.2.4: Expedited review process. The County shall establish an expedited procèss for rezoning and development review within six months of the adoption of the TVC Element. Since the TVC Element provides incentives for large-scale settlement ~lans. and does not rovide incentives for iecemeal develo ment the ex ectation is for an assemblage of coordinated development plans' that may result in numerous ro'ects meetin the threshold for Develo ment of Re ional 1m act DR! review process. The County will work with the Treasure Coast Regional Planning Council to reduce Council's Developmeßt of RegioAal Impact EDRI, review process to ninety days for projects that propose to build in accordance with an apprQved Special Area Plan and the TVC Goals, Objectives and Policies. A development proposal that meets the threshold for DRI review, but does not propose to build in accordance with an approved Special Area Plan or in accordance with the TVC Goals, Objectives and Policies, is not eligible for the TVC expedited review process. * * * * * * Remedial Amendments for 06-01, Docket No. 06-1-NOI-S601-(A)-(N) April 6, 2007 Proposed Water & Wastewater Amendments to TVC Element [Proposed changes are indicated by striketAre1:lgh for deleted text and underline for added text.) Polic 3.1.4.13: Levels of Service Standards. In accordance with Section 163.3180 F.S. sanita sewer. solid waste draina e otable water arks and recreation schools and trans ortation facilities shall be provided to meet level of service standards for concurrency purposes. Polic 3.1.4.14: Availabili 2 Remedial Amendments for 06-01, Docket No. 06-I-NOI-S60 l-(A)-(N) Apri1 6,2007 * * * * * * * Proposed Water & Wastewater Amendments to Capital Improvements Element [Proposed changes are indicated by strikethrough for deleted text and underline for added text.] aci SLC & FPUA Water System Capacity Capital Improvement ProJects ,', '. " c' Capacity Additional , Date Water System Project Increase ERUs Cost Funding 07 - 2006 Current excess capacity 2,16 mgd 5,333 N/A N/A 09 - 2006 Permit#O081062-176-WC Phase II 3.0 mgd 7,407 $ 10,650,000 SRF/CIC [completedl 09 - 2007 Permit#0081062-176-WC Phase III 4,0 mgd 9,876 $ 14,200,000 SRF/CIC [completedl 2014 - 2025 RO Plant Expansion Phase IV 7.0 mgd 17,284 $ 24,850,000 FPUA* 2013 -2022 Holiday Pines WTF expansion 1.2 mgd 2,963 $ 7,500,000 Loan/SRF IDA 2017 - 2025 North County Water Treatment Facility 5.0 mgd 12,346 $ 24,000,000 Loan/SFRlDA Total Increased Water System Capacity 22.36 mgd 55,209* * Exceeds projected growth in the TVC for the NSLC SAP , . " sLc & FPUA Wastewater Plant Capacity-Capital Improvement Projects " " ','".""," Date Water Reclamation Facility Capacity Additional Cost Funding Increase ERUs 07-2006 Current excess capacity 2.51 mgd 1 0,458 N/A N/A 05-2010 Mainland 5MGD WRF on-line 3.70 mgd 15,417 $ 47,800,000 SRF/CIC 2017-2025 North County Regional WWTP 1.5 mgd 3,704 $ 8,900,000 Loan/SRF/DA Demand Mainland WRF expansion 20.00 mgd 83,333 $160,000,000 FPUA * 3 Remedial Amendments for 06-01, Docket No. 06-1-N01-S601-(A)-(N) April 6,2007 Driven I (max avail expand 30mgd) I Total Increased Water Reclamation Capacity 27.71 mgd 112,913' ' Exceeds projected growth in the TVC for the NSLC SAP WATER TREATMENT FACILITIES '" ' 5·YR CIP St. Lucie County Utilities Water System C': " '" 5.Year Capital Improvement Projects " ',':, ' , ',', "'", CIP Schedule Project Project Estimated Funding Number Cost 2011 3634 Water Line Extensions to Central County $1,219,000 Developer Agreements 2010 3641 Water Interconnect - Kings Highway/Picos Rd $50,000 Connection Fees 2007 3600 HEW Water Plant Water Storage Tank Replacement $75,000 Connection Fees 2010 3638 North Hutchinson Island 1MG Tank $1,650,000 Connection Fees 2007 36002 Bryn Mawr High Service Pumps $325,000 Connection Fees 2011 1905 Water Mains $387,000 Developer Agreements Total St. Lucie County Utilities Water System 5·Year CIP: $3,706,000 FPUA Water System " 5.Year Capital Improvement Projects " , < , " ctP Schedule Project Project Estimated Funding Number Cost Table 11-15 Sf. Lucie County & Ft. Pierce UtilitY Authority Lone-Ranee Water Treatment Facilities & Water Reclamation Facilities Capital Improvement Proiects 4 Remedial Amendments for 06-01, Docket No. 06-1-NOI-560 l-(A)-(N) April 6,2007 2011 5-1 Orange Avenue WM Improvements $794,000 Capital Budget 2011 5-2 Rock Road WM Improvements $668,000 Capital Budget 2011 5-3 Kings Highway WM Improvements $2,560,000 Capital Budget 2011 5-4 Taylor Dairy Rd. & St. Lucie Blvd, WM Improv, $1,270,000 Capital Budget 2011 5-5 Keen Rd. WM Improvements $655,000 Capital Budget 2011 5-6 Harmony Heights WM Improvements $1,500,000 Capital Budget 2011 5-7 Sunland Gardens WM Improvements $832,000 Capital Budget 2011 5-8 Jenkins Road and Peterson Road WM Improvements $1,820,000 Capital Budget 2011 5-9 Jenkins Road WM Improvements $139,000 CIC 2011 5-10 Wal-Mart Distribution Center $353,000 Capital Budget 2011 5-11 Selvitz Road WM Improvements $378,000 Capital Budget 2011 5-12 Edwards Road WM Improvements $504,000 CIC/Cap. Budget 2011 5-13 25th Street WM Improvements $378,000 CIC/Wrk Capital 2011 5-14 Martin Luther King Jr. Blvd. and US-1 WM $1,890,000 Capital Budget 2011 5-15 Indian River Drive WM Improvements $479,000 Capital Budget 2011 5-18 Midway Rd. WM Improvements $895,000 CIC/Cap. , Budget 2011 5-19 US-1, Saeger Ave, and Easy Street WM Improv. $1,200,000 Capital Budget Total FPUA Water System 5·Vear CIP: $16,315,000 WATER TREATMENT FACILITIES 10-YR CIP St. Lucie County Utilities Water System , 10.Year Capitallmprovement Projects '" ,', " CIP Schedule Project Project Estimated Funding Number Cost 2017 HA,1-5 Holiday Pines Distribution System Improvements $123,000 County/DA* 5 Remedial Amendments for 06-01, Docket No. 06-1-NO¡-S60 l-(A)-(N) April 6,2007 2017 W6-5,6,7 Expand Holiday Pines WTP to 1 ,5MG, Install 2 $7,500,000 County/DA * Floridian Wells and raw WM 2015 T A,1-2 Johnston Road Corridor WM Improvements $1,830,000 CountylDA* 2015 TB.1 Dixie Highway 16" WM north from Indrio Rd, to $280,000 County/DA * Harbor Branch Institute 2014 T8.2 Dixie Highway 16" WM south from Indrio Rd, to the $332,000 County/DA * Town of 81. Lucie Village 2013 TC.1 Turnpike Feeder Rd. WM Expansions $1,300,000 County/DA* 2013 TD.1 Kings Highway 16" WM Improvements $548,000 CountylDA * 2013 TIC.1 Johnston Rd. Bulk Water Interconnect wI FPUA $500,000 County/DA * 2017 TW.1 North County Regional Water Treatment Facility 4-6 $24,000,000 County/DA * mgd Total St. Lucie County Utilities Water System 10·Year CIP: $36,413,000 FPUA Water System . ' .. <,....... to.Year Capital Improvement Projects .. .. '.' . . ... 2017 10-20 Kings Highway and St. Lucie Boulevard Water Main $1 ,010,000 FPUAI DA* (WM) Improvements 2017 10-21 Jenkins Road WM Improvements $995,000 FPUAI DA * 2017 10-22 Angle Road and 37th Street WM Improvements $995,000 FPUAI DA * 2017 10-23 Pruitt Research Center Road WM Improvements $315,000 FPUAlDA * 2017 10-24 Graham Road WM Improvements $655,000 FPUAlDA * 2017 10-25 Whiteway Dairy Road WM Improvements $364,000 FPUAlDA * 2017 10-26 Kirby Loop Road WM Improvements $269,000 FPUAlDN 2017 10-27 Jenkins Road WM Improvements $655,000 FPUAlDA * 2017 10-28 Christenson Road and Devine Road WM $655,000 FPUAlDA* Improvements 2017 10-29 Sunrise Blvd WM Improvements $403,000 FPUAlDA * 2017 10-30 Midway Road and Sunrise Blvd WM Improvements $554,000 FPUAlDA* 2017 10-31 Indian River Drive and Midway Road WM $1,700,000 FPUAlDA* Improvements Total FPUA Water System 10·Year CIP: $8,570,000 WATER TREATMENT FACILITIES 20-YR CIP St. Lucie County Utilities Water System 20.Year Capital Improvement Projects -,,-- . ' 6 Remedial Amendments for 06-0 \, Docket No. 06-I-NOI-560 1-(A)-(N) April 6, 2007 2027 FA,2 Indrio Road and Kings Highway 16" WM $950,000 County/OA t Improvements 2027 FC.1-9 Lakewood Park Area WM Improvements $2,700,000 County/OAt 2027 FIC,2 Bulk Water Interconnect with FPUA $560,000 County/OAt 2027 FB.1-4 North County Reclaimed Water System $3,550,000 CountylDA · Improvements Total St. Lucie County Utilities Water System 20·Year CIP: $7,760,000 FPUA Water System' ~ .' .. 20.Year Capital Improvement Projects '. . ..., ;....<~. 2027 20-32 Florida Turnpike WM Improvements $4,284,000 FPUA/OA * 2027 20-33 Immokalee Road WM Improvements $832,000 FPUAlOA * 2027 20-34 St. Lucie Blvd Parallel WM Addition $679,000 FPUAlOA * 2027 20-35 Picas Road WM Improvements $168,000 FPUAlOA * 2027 20-36 Jenkins Road Parallel Water Main Addition $3,679,200 FPUAlOA * 2027 20-37 Floyd Johnson Road WM 1 mprovements $681,000 FPUAlDA* Total FPUA Water System 20-Year CIP: $10,323,200 WATER RECLAMATION FACILITIES 5·YR CIP St. Lucie County Utilities Wastewater System .". 5.Year Capitallmprovements.Projects ,. " .' . - CIP Project Project Project Estimated Funding Number Cost 2011 300 North County Force Mains $600,000 Developer Agreements 2011 3602-2 North County Lift Stations $260,000 Developer Agreements 2007 3642 US 1 Force Main $1,800,000 Connection FeeslLoan 2010 3636 North Hutchinson Island WWTP Expansion $5,100,000 C. F.lSRF Loan 2010 3602-3 North Hutchinson Island Lift Stations $330,000 Developer Agreements 2010 3639 North Hutchinson Island Force Mains $1,400,000 C.F./Dev. Agreements Total st. Lucie County Utilities Wastewater System 5-Year CIP: $9,490,000 FPUA Wastewater System 5-Year Capital Improvements Projects . 7 Remedial Amendments for 06-01, Docket No. 06_I_NOI-5601-(A)-(N) April 6, 2007 CIP Project Project Project Estimated Funding Number Cost 2011 5-1 Orange Avenue FM Improvements $972,000 Capital Budaet 2011 5-2 Rock Road FM Improvements $151,200 Capital Budaet 2011 5-3 Jenkins Road FM Improvements (North) $226,800 SRF/CIC 2011 5-4 Moore's Creek FM Improvements $2,376,000 Capital Budaet 2011 5-5 Jenkins Road FM Improvements $4.924,800 SRF/CIC 2011 5-6 Peterson Road FM Improvements $388,800 Capital Budaet 2011 5-7 Glades Cut-off Road FM Improvements $172.800 Capital Budaet 2011 5-8 Prosperity Drive FM Improvements $388.800 Capital Budaet 2011 5-9 Selvitz Road and Edwards Road FM Improvements $1,749.600 SRF ICap Budqet 2011 5-10 25th Street FM Improvements $145.800 CIClWrk. Capital 2011 5-11 Industrial Avenue 3 FM Improvements $151,200 Capital Budqet 2011 5-12 St. Lucie Blvd. FM Improvements $21,600 Capital Budç¡et 2011 5-13 US-1 FM Improvements $1,209,600 Capital Budqet 2011 5-14 Seaway Drive FM Improvements $864,000 Capital Budaet 2011 5-40 S Jenkins Avenue Master Repump Station $500,000 SRF/CIC 2011 5-41 Lift Station 41 Upgrade $50,000 RatesIWrk Capital 2011 5-42 Lift Station E (Repump) Upgrade $50,000 RateslWrk Capital 2011 5-43 Lift Station 2 Upg rade $50,000 Rates/Wrk Capital 2011 5-44 Lift Station 1 Upgrade $50,000 Rates/Wrk Capital 2011 5-45 Lift Station 46 Upgrade $50,000 Rates/Wrk Capital 2011 5-46 Lift Station F (Repump) Upgrade $50,000 Rates/Wrk Capital 2011 5-47 Lift Station G (Repump) Upgrade $50,000 Rates/Wrk Capital Total FPUA Wastewater System 5·Year CIP: $14,593,000 8 Remedial Amendments for 06-01, Docket No. 06-1-NOI-560 1-(A)-(N) April 6, 2007 WATER RECLAMATION FACILITIES 10·YR CIP St. Lucie County Utilities Wastewater System 10-Year Capital Improvements Projects 2013 PS4-1 Construct Lakewood Park WWTP Pump Station $260,000 County/ON 2013 TA.3 Indrio Road 16" FM west from Turnpike Feeder Rd. to $827,000 County/ON Johnston Rd. 2017 TAA Indrio Road 16' FM west from Johnston Rd. to 1-95 $213,000 County/OA * InterchanQe 2017 WW4-3 Construct North County Regional WWfP 1.5-3 mgd $8,900,000 County/DA* 2017 TD.1 Construct Trunk System (16' FM) from regional $443,000 County/OAt WWTP 2019 PS7-2 Construct Pump Station 7-2 $260,000 County/ON 2015 TH,1-2 Johnston Road Corridor FM Improvements $443,000 CountylDA * Total St. Lucie County Utilities Wastewater System 10-Year CIP: $1,134,600 FPUA Wastewater System ',' , 10.Year Capital Improvements Projects ,', ", 2017 10-15 Rock Road Force Main (FM) Improvements $338,800 FPUAJDA * 2017 10-16 Graham Road FM Improvements $550,800 FPUA/DA* 2017 10-17 Jenkins and Keen Road FM Improvements $1,231,200 FPUAJOA* 2017 10-18 Future Development on Jenkins Road FM $194,400 FPUAJOA * 2017 10-19 Selvitz Road FM Improvements $151,200 FPUAJDA * 2017 10-21 Midway Road and Oleander Avenue FM Improvements $1,576,800 FPUAJDA* 2017 10-48 Lift Station "49" Upgrade $50,000 FPUAlDA* Total FPUA Wastewater System 10-Year CIP: $4,093,200 WATER RECLAMATION FACILITIES , 20-YR CIP st. Lucie County Utilities Wastewater System -::- 20-Year Capital Improvements Projects 2027 FA.2 lndrio Road to US-116" FM, $532,000 County/ON 2027 PS8-1 Construct Pump Station 8-1 $290,000 CountyJDA * 2027 FF.1 Dixie Highway FM north from Indrio Road to Harbor $188,000 County/DA* Branch Institute Total St. Lucie County Utilities Wastewater System 20·Year CIP: $1,010,000 9 Remedial A mendments for 06-0 I, Docket No. 06-I-NOI-560 I-(A)-(N) April 6,2007 FPUA Wastewater System - ~,:~c---;- 20.Year Capital Improvements Projects , 2027 20-22 Florida Turnpike FM Improvements $712,800 FPUAfDA* 2027 20-23 Angle Road FM Improvements $216,000 FPUAlDA* 2027 20-24 Immokalee Road/St. Lucie Blvd FM Improvements $1,134,000 FPUAlDA* 2027 20-25 San Diego Avenue FM Improvements $259,200 FPUAlDA * 2027 20-26 North 35lh Street FM Improvements $86,400 FPUAlDA* 2027 20-27 Rock Road Parallel FM Addition $291,600 FPUAlDA * 2027 20-28 Orange Avenue Parallel 20" FM Addition $864,000 FPUAlDA* 2027 20-29 Jenkins Avenue Parallel 20" FM $864,000 FPUAlDA * 2027 20-30 Jenkins Road Parallel 24' FM Addition $3,412,800 FPUAlDA * 2027 20-31 Peters Road FM Improvements $184,000 FPUAlDA* 2027 20-32 US-1 Parallel 1 8" FM Addition $1,085,400 FPUAlDA * 2027 20-33 Edwards Road FM Improvements $403,000 FPUAlDA * 2027 20-34 Edwards Avenue Parallel 20" FM Addition $972,000 FPUAfDA * 2027 20-35 Selvitz Road Parallel 24" FM Addition $1,425,000 FPUAlDA * 2027 20-36 Prosperity Drive Parallel 30" FM Addition $702,000 FPUAlDA* 2027 20-37 Selvitz Road Parallel 8" FM Addition $79,200 FPUAlDA * 2027 20-38 Midway Road FM Improvements $1,004,400 FPUAlDA* 2027 20-39 Gator Trace Preserve FM Improvements $388,800 FPUAlDA* 2027 20-49 Lift Station '41" Upgrade $50,000 FPUAlDA * 2027 20-50 US-1 Master Repump Station Improvements $500,000 FPUAlDA * 2027 20-51 Lift Station '5' Upgrade $50,000 FPUAlDA* 2027 20-52 Lift Station "61" Upgrade $50,000 FPUAlDA * 2027 20-53 ' Lift Station '60" Upgrade $50,000 FPUAlDA* 2027 20-54 Lift Station "62" Upgrade $50,000 FPUAlDA* 2027 20-55 Lift Station '66" Upgrade $50,000 FPUAlDA* Total FPUA Wastewater System 20·Year CIP: $14,884,600 10 .... .... g~ .- >- 'gu. ::¡ 11. 'tI Q) Co ¡~ !!ã:~ ~ ~ Q) > o ... c.. § .B 'õ. ~ o ... s ~j5 <5 :G=C Jl) ::C ~~"Cæq ~s~-g~ .!O ...:::...... .c ( ) ,- ,.... CIS .~ iO e 11. I-~::e ..J "C <3 .JS f/)ns E ;:õ en W - o en '¡¡¡ >- ëii c < ëii u en ¡:¡: NOOOOO ....000~~ 0:>000 .ñóóui ..tMtDCO OLnCO",," .~~ . ;h ¡;; NOOOOO ....000~0 0:>000 0 Ñoióó Ó N.............M 0 ",,"1'-1'-0 Ln ..¡~~...: ~ ~ ~ NOOOOO ....00~0~ 0:>00 0 .ñór-: ó enCOLnO 0 9M",,"'" N oo.ñ~~ ..¡ o~ ~ >- 11. NOOOOO ....00~0~ 0000 0 óólÕ Ó ",,"ON 0 en. O. C"!. en. ......... ..... ~~~ NOOOOO .....OO~~~ 0:>00 t- o).ñ r.D OMI'-N cD 0:> CO CO o Ñ~~ ~~ ... f/) to ( ) ( ) ( ) >- u.... (/ (/ c: 'Ê g ~,g ( ) "S; u... :6 E Q) ~ c: c ~ ~a..,gÕo> ::¡E:6Ü« o 0 e ... . Cl)ù:e£~e .... 0 to ( ) - ¡:·Q Ü~o.Õ: ._U...( )£...)II.I 'tI e Q) .... Q) ï::' §~g~~~~ u.m»D(/)~ 11 11.1 II.IC: ï::Q) ( ) E E ( ) ( ) :> > e eo. o.E E .- _"'0 "C Q ~ ê c:,g to 0. o.õ ( ) e :; 0 '-tS o ::I e ... Q1ií U e 2 8 (jj ... e.8 8 ~ ... tII .E ::¡ ~8 11.1 Q) 11.1 e ~õ Q e ~ci o~ ~s ::¡u- .c(/) "'O.r;:. £01 tII :J 0.0 õ.c ~- e- ra e Q) ~ iií m~ o en>- o "Eo. ~ ( )~ - E- ¡ ( ) (/) E ~:ü Q) ~ñ] Ie ð fl)S ,s g. ì-. ( ) -g E ~~ ::¡ _ Q) 0 ra u.-uã3E _.5c>( ) J!! ;';::; ..! ( ) ~ oliôlOO~ I-Oa:l. : NON ....0..... coOCX) ~ö~ OCD'<t t-COCX) ,.:...co tit tR- NON ..... 0.... 0:>0 co "':cIilÕ O:>M'<t MMO r-:C"i"¡ tI't~~ NON ....0..... 0:>0CX) ÑóÑ NON "'....""" óui"¡ ..... ~ tI't ~ ..... tI't NON ..... 0..... COO 0:> .ñó.ñ tOO CO 01'-<"> to·tI't", tI't ~ NON .....0.... COO CO óóó ",,"0""" .....Nm "¡Ñ": tI'ttl'ttl't Remedial Amendments for 06-01, Docket No. 06-1-NOI-560 HA)-{N) April 6, 2007 Proposed Transportation Amendments to TVC Element [Proposed changes are indicated by strikethrBugh for deleted text and underline for added text.] 12 Remedial Amendments for 06-01, Docket No. 06-1-NOI-560 ¡-(A)-(N) April 6, 2007 Florida De artment of Trans ortation. An develo ment or develo ment hase that has satisfied trans ortation concurrenc b a in or contributin a ro ortionate share or ro ortionate fair share ursuant to this olic com uted in accordance with Section 163.3180 12 e F.S. shall be deemed to have full miti ated its im acts on trans ortation facilities. The Coun shall ado t an ordinance contain in the methodolo for assessin ro ortionate fair share miti ation 0 tions. At a minimum such ordinance shall be consistent with the re uirements of Sections 162.3180 12 and 1633 180~ 6). Florida Statutes.' ^" ar;;'eved proje.t tflat ..eets t~. requir.Hlo"" or t~. TV C :.,,~::~;: ~: ~:.~e: :::i:~= C~"Hli"i:~~~:~Z==at~"':',.:::~ 2~:¿~;:: ~:: .=:'....n~ ;~~iI :;~;~.p..~ £~:.: =d=O;:;;~:~;:~~c.::~.sh~~ ~::~.~. ~I~~.d.-,:, ~:I ::-::: :Ëi-5: :~:i ~r .,,,,,iAg pre;:~~;~~; ;~~ ~:~:;. ¡. ---i .:~ _~~~___~~____I __'__~_.---C-Aslstent wIth requIrements of seea-e-R-16~189{+;:!1 ef-{l á1- 13 Remedial Amendments for 06-0 I, Docket No. 06-1-NOI-560 \ -(A )-(N) April 6, 2007 * * * * * * * 14 Remedial Amendments for 06-01, Docket No. 06-1-NOI-560 1-(A)-eN) April 6,2007 Proposed Transportation Amendments to Capital Improvements Element [Proposed changes are indicated by strikethrough for deleted text and underline for added text.] ~--.. 15 Remedial Amendments for 06-0 I, Docket No. 06- I -NOI-560 -(A)-(N) April 6, 2007 North St. Lucie County Special Area Plan Existing + Committed Year 2030* Roadway I Segment Network Minimum Number of Lanes Number of Lanes Interstate 95 Indian River County Line to SR 614 (Indrio Road) 6 6 SR 614 (Indrio Road) to SR 68 (Orange A venue) 6 6 CR 603 (Johnston Road) 2STI'St. S W to SR 614 Clndrio Road) 2 4 SR 614 (Indrio Road) to Immokolee Road 2 4 " CR 607 (Emerson Avenue) " . . 25th St. SW to SR 614 (lndrio Road) 2 2 SR 614 (lndrio Road) to W Angle Road 2 2 SR 713 (Turnpike Feeder RdlKings Hwy) , , US! to SR 614 (Indrio Road) 2 4 SR 614 (Indrio Road) to CR 608 (St. Lucie Blvd.) 2 4 CR 608 (St. Lucie Blvd.) to W. Angle Road 2 4 SR 614 (Indrio Road) . '," 1-95 to CR 603 (Johnston Road) 2 4 CR 603 (Johnston Road) to CR 607 (Emerson Avenue) 2 4 CR 607 (Emerson Avenue to SR 713 (N. Kings Hwy) 2 2 SR 713 (N. Kings Hwy) to US I 2 2 Immokolee Road ," , , Emerson Avenue to SR 713 (N Kings Hwy) 2 4 SR608 (St. Lucie Boulevard) " SR 713 (N Kings Hwy) to CR 611 (Keen Rd) 2 4 Table 11-11 Lone-Term Transportation Improvements Schedule * Based on maximum build-out identified in Table 3-1 of the TVe Element. 16 . C ) "5 "0 QI c:.r:. I'll u ã:~ I'll.... e ; <C E -; ~ .3 0 N e ";" (/) E ::c7õ t ) :::I;:; J5o¡V {!.UU QI c: '(3 º :::I~ :t (/)~ .r:. I t c: o e ZI- .. 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I '~~~"" .- ~ \1 j'." \ il h "~ I, II ~<.. ! i ~_d1 --jt--'" ___. "",-- ---,.__~,\ ~ ,~..~~~~ ___._________ .. t ¡ ---_.._".;~~ ! '. ,. ,. Seminole d, ~I\; irill ·~r \ Keen Rd. ::;J ....:II I~ylor Qairv Rd. _.. ci5 ~ \I .¡ 11\ ~ -l '" ... :;3 r ....--.. ---_. ~--_._- IÒ , ~ '" -d ... p:: ~ Johnston Rd. .", ~ ~ '" Emerson Ave. .. .¡¡ I ~ \ü 'f , ~ I ~ ... ;g ~ ~ I ~ ~ I u z ~ ~ Z ~ .., .., ] o e .§ = ~ ~ --~----_.._.- --........ - .' j erson Ave. -d ! ~ . gt .- . ¡i 8l... '" " ~ , ~ .-........r+: ~ '" ... ~ ~ Z 1/ II I I /\ Citrus Hi hwa St. Lucie County Comprehensive Plan 3-40 19 TVC Element March 8,2007 · Remedial Amendments for 06-0 I, Docket No. 06-I-NOI-560 l-(A)-(N) April 6, 2007 * * * * * * .. Proposed Workforce Housing Changes to TVC Element [Proposed changes are indicated by stri!œthreugh for deleted text and underline for added text.] Polic , 3.1.4.9: Workforce Housin Affordabili . The affordabili of workforce housin shall be maintained for a period of at least 25 years utilizing documents. such as deed restrictions, recorded in the ublic records of St. Lucie Coun describin the affordabili re uirements for each workforce unit. 20 .. AGENDA REQUEST ITEM NO. C2A DATE: June 5, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: See CA No. 07-0806 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. COMMISSION ACTION: [Xi APPROVED [ ] DENIED [ ] OTHER: Approved S-o Douglas . Anderson County Administrator [X] County Attorney: Ji Review and Approvals ]Management & Budget: [ ]Purchasing: [ ] Road & Bridge.: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 ~ " INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-0806 DATE: June 5, 2007 SUBJECT: Extension of Declaration of State of Local Emergency - Indian River Drive BACKGROUND: Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of several property owners to repair their embankments causing severe erosion to the embankment and undermining Indian River Drive in several locations. Resolution No. 00-277 authorizes the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. On November 21, 2006, the Board approved a Declaration of Emergency on Indian River Drive. Since November 21, 2006, the Board has approved extensions of the State of Emergency. It is necessary to extend that state of emergency again. Attached is an extension of the Declaration of Local Emergency for Indian River Drive. RECOMMENDATION/CONCLUSION: Staff recommends the that Board approve the Declaration and authorize the Public Safety Director to sign the Declaration. Respectfully submitted, q/ 'r0' A..1'! / L/L//l_// ;, /1/ . . ././ ~ '1 Heather Sperrazza Luek ) Assistant County Attorney -~ HL/ , AN ORDER OF THE PUBLIC SAFETY DIRECTOR OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY ( Indian River Drive) WHEREAS, the St. Lucie County Public Safety Director has made the following determinations: 1. The Board of County Commissioners of St. Lucie County has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The Public Safety Director declared a state of emergency on November 21, 2006, at 9:00 am on Indian River Drive. 3. Based on the recommendation of the County Engineer and the advice of local law enforcement officials, there is a clear and present threat to life and public health and safety as well as a threat of significant damage to improved public and private property as a result of the failure of the several property owners to repair their embankments, causing severe erosion to the embankment and undermining Indian River Drive in several locations. 4. The presence of this severe erosion and undermining of Indian River Drive has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 5. In order to respond to such emergency, upon this declaration, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 6. Such declaration is extended for seven (7) days until June 12, 2007 at 9:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 7. This Extension of the Declaration of Emergency shall become effective June 5, 2007 at 9:00 a.m. Jack T. Southard Public Safety Director -~ AGENDA REQUEST ITEM NO. C2B DATE: June 5, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution 07-147 - Amending the Interest Rate for the MSBU Revolving Loan Program BACKGROUND: See CA No. 07-0894 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve Resolution No. 07-147. ~] APPROVED [ ] DENIED [ ] OTHER: Do as . Anderson County Administrator COMMISSION ACTION: Approved 5-0 [X] County Attorney: ~/ Review and Approvals ]Management & Budget: [ ] Purchasing: [ ] Road & Bridge,: [ ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) Effective 5/96 .... INTER-OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 07-0894 DATE: June 5, 2007 SUBJECT: Resolution 07-147 Amending the Interest Rate for the MSBU Revolving Loan Program BACKGROUND: Resolution 00-149, the Board of County Commissioners established the MSBU (Municipal Service Benefit Units) Revolving Loan Program. Section 5 of Resolution 00-149 established that the interest rate would be equal to the rate per annum which the County would receive on monies invested in the Local Government Surplus Funds Trust Fund administered by the State Board of Administration (SBA), plus two percent (2%). The interest rates from the SSA have increased considerably in the last year, making them higher than if financed through the Suntrust MSBU Permanent Loan Agreement. Staff recommends that the Board amend Resolution 00-149 to establish the interest rate for the MSBU Revolving Loan Program as equal to the lesser of the Local Government Funds Trust Fund or the Suntrust MSBU Permanent Loan Agreement rate. RECOMMENDATION I CONCLUSION: Staff recommends that the Board approve Resolution 07-147. ~~/~ Heather Sperrazza LueKe ~ Assistant County Attorney HL/ RESOLUTION NO. 07-147 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING SECTION 5 OF COUNTY RESOLUTION NO. 00-149 REGARDING THE INTEREST RATE FOR THE MSBU REVOLVING LOAN PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in Resolution No. 00-149, the Board of County Commissioners established the MSBU (Municipal Service Benefit Units) Revolving Loan Program; and WHEREAS, Section 5 of Resolution No. 00-149 established that the interest rate for loans from the Revolving Loan Fund established thereunder would be equal to the rate per annum which the County would receive on monies invested in the Local Government Surplus Funds Trust Fund administered by the State Board of Administration (SBA), plus two percent (21'0) (the II SBA Loan Ratell); and WHEREAS, the Board has determined that the interest rates from the SBA have increased considerably in the last year, making them higher than if financed through bank loans under the MSBU Revolving Loan Program; and WHEREAS, the Board wishes to amend Resolution No. 00-149 to establish the interest rate for the MSBU Revolving Loan Program as equal to the lesser of the SBA Loan Rate or the rate then effect for bank loans under the MSBU Revolving Loan Program. NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners of St. Lucie County, Florida, as follows: SECTION 1. AMENDMENT. Section 5 of Resolution No. 00-149 is hereby amended as follows, with underline indicating additional text: SECTION 5. LOANS FROM REVOLVING LOAN FUND; REPAYMENT OF LOANS. Loans from the Revolving Loan Fund shall be advanced only for Projects, upon the recommendation of the MSBU Coordinator and with the approval of the County Administrator. All Loans shall be approved in accordance with the Guidelines and shall be evidenced by such documentation as shall be required by the Finance Director. Loans shall: (A) bear interest as a rate (1) equal to the lesser of (i) the rate per annum which the County would receive on moneys invested in the Local Government Surplus Funds Trust Fund administered by the State Board of Administration, determined on the date the Loan is made, plus two percent (2%). or (ii) the rate then in effect for bank loans under the Program, and (2) which will produce an amount necessary to pay the County's Administrative Costs incurred in administering the Program; (B) be amortized over a ten-year period, with level annual payments of principal and interest (which may be adjusted from time to time as necessary to reflect prepayments); and (C) be secured as to repayment by a lien upon the Assessment Revenues (which shall be collected under the "uniform method" provided for in Section 197.3632, Florida Statutes, as amended from time to time). Repayments of Loans shall be deposited into the Revolving Loan Fund and shall be available to fund additional Loans. SECTION 2. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption. After motion and second the vote on this resolution was as follows: Chairman Chris Craft XXX Vice Chairman Joseph E. Smith XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ,. AGENDA REQUEST ITEM NO. C- 2C DATE: June 5, 2007 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 07-199 - Extending State of Local Emergency - Ban on Open Air Burning in St. Lucie County BACKGROUND: Due to the drought in St. Lucie County, the Fire Chief has requested that the County extend the ban on open air burning in St. Lucie County. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 07-199 and authorize the Chairman to sign the Resolution. [ ] APPROVED [] DENIED MOTHER: o as Anderson County Administrator COMMISSION ACTION: Pulled prior to the meeting. County Attorney: Js/ Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eff, 5/96 .. RESOLUTION NO. 07-199 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (OPEN AIR BURNING) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County Administrator declared a state of emergency on February 14, 2007, at 5:00 p.m. due drought conditions. 3. The drought conditions have placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until June 20, 2007 at 5:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective June 13, 2007 at 5:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande xxx XXX XXX XXX XXX f' PASSED AND DULY ADOPTED this 5th day of June, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ITEM NO. C3a DA TE: June 5, 2007 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY (DEPT): Public Works Department 4117 PRESENTED BY: (¿~~~~ Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Modification to USGS contract for water quality monitoring at 5 Mile Creek, increasing the amount of the contract by $896.00 from $14,583.00 to $15,749.00. BACKGROUND: SFWMD is partnering with Martin and St. Lucie Counties to establish a Water Quality Monitoring Network throughout the Upper East Coast watershed, including the urbanized areas. In order to prioritize stormwater management efforts and water quality improvement projects, a tributary water quality monitoring network will be required. The data collected by the Water Quality Monitoring Network will also help St. Lucie County comply with National Pollutant Discharge Elimination System (NPDES) minimum control measures. The data will also aid in problem source identification and will establish a baseline for evaluating the effectiveness of water quality improvement projects. As a part of St. Lucie County's participation in the Water Quality Monitoring Network, the attached contract will continue a monitoring station at Five Mile Creek and Okeechobee Road. The attached contract is an agreement with U.S. Geodetic Survey (USGS) and St. Lucie County to share the cost of continuing the monitoring station. The contract requires a 50% match in the amount of $15,749.00. The data will be collected and analyzed by USGS, to be shared with SFWMD and St. Lucie County. FUNDS AVAIL.: Funds will be made available from the Stormwater MSTU Budget, within the NPDES Permitting Account #102001-3725-531000-42512. PREVIOUS ACTION: September 23,2003: BOCC approval of $50,000 in matching funds forthe Water Quality Monitoring Program with SFWMD. September 14, 2004: BOCC approval of $14,860.00 in matching funds for the Water Quality Monitoring Program with USGS. February 21,2006: BOCC approval of $14,583.00 in matching funds forthe Water Quality Monitoring Program with USGS. October 17, 2006: BOCC approval of $14,583.00 in matching funds forthe Water Quality Monitoring Program with USGS. RECOMMENDATION: Public Works staff is recommending approval of the modification to the attached contract with USGS increasing the amount from $14,583.00 to $15,749.00, for Water Quality Monitoring in the Five Mile Creek., and signature by the Chairman. COMMISSION ACTION: M'; APPROVED [ ] OTHER: [ ] DENIED ./ Approved 5-0 Dougl s nderson County Administrator Page 1 ot 1 ~orm DI-I040 United States Department of the Interior Geological Survey FL095 IBiII No: 7-2080-02487 Bill Date: 04/11/2007 Due Date: 06/10/2007 II II BILL FOR COLLECTION II Mall Check To: DOl - USGS BOX 70934 CHARLOTTE NC 28272-0934 Send OvemlghtlExDress Mall To: QlP Wholesale lockbox - NC 0810 lockbox , 70934 1525 West wr Harris Blvd Charlotte, NC 28262 Customer Address: SAINT LUCIE COUNTY Attention: Ms. Sue Durden 2300 VIRGINIA AVENUE FINANCE DEPARTMENT FT. PIERCE, FL 349825652 FL095 Description: Expenses incurred under Joint Funding Agreement signed and dated November 03, 2006 while perfonning an investigation of Water Resources for Sl Lucie County (JFAN: 07EOFL208010) during the second quarter, FY01: January 01, 2007 to March 31, 2007. This is a partial bill, Checks must be made DaYllble to: DOI-USGS and must Include a coDY of this bill or reference the Bill No above. Notice: Payments to USGS may be made via VISA or MC credit card, either by email to USGS address: amhall us s. ov OR b hone 703.648.7605). IIQuantity II Unit Price IIUnit Issue II Amount 1 $3,937.25 EA $3,937.25 Federal Regulations require Interest at the annual rate of 4% (O.334%1month) be assessed from the date of this bill if payment is not received by the Due Date. Regulations also require that a Penalty at the rate of 6% (.5% /month) be assessed from the date of the bill if this bill becomes 90 days delinquent. No interest will be charged if payment is made by the due date, I certify that this bill is correct, ia accordaace with the tenDII of tbe order/signed ap-eemeDt, and paymeDt bas Dot heeD received. Sandra L Cole r--"----·- 07EOFL2080 I 0 BFY EFY ~ FL095 2007 AImw!1 $3,937.25 Amount Due This Bill: $3,937.25 0'\~ t!? ~'\"' lIuul ~ Cost Center ~ 'E> \ SIRAR ARJF 2080 Prepared by: Sandra L Cole 954-377-5904 USGS ACCOUNTING CLASSIFICATION SECTION: Reimbunable AcreemeDt # $3,931.25 *Total _ .. ,. _ - -... 'or s-eNloM" bmed 1·... /---:", ., . ~ In the . herê'O,n h,a~ ~ , q w~mèty a.r;d q u.a1 tty ;tated. . A ~ P,O,I~~\\O~ INC_'¡ D$M~COU_1 RoutlDg Slip: Created By: Supervisor: OFM Contact: cc: Sandra L Cole ¡--...---.....--.----.-.--. s;g n,Qd - Denis J SheehanlAPSIUSGSIDOI 703-648-7642 Damien MOris TIN:59-60oo835 04/11/2007 co~~ ragt:: ! u! ¿ c()~ ·10 - &23 Form 9·1366 (Oct. 2005) U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement Customer #: Agreement #: Project #: TIN#: Fixed Cost , Agreiment o' " . FOR WATER RESOURCES INVESTIGATION Pace 1 of 2 FL09S 07EOFL20B010 7·2080-00100 59-6000835 ~¡YAIt..q No THIS AGREEMENT is entered into as of the 1st day of October, 2006, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the ST. LUCIE COUNTY, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation AN INVESTIGATION OF WATER RESOURCES, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In-Kind Services In the amount of $0.00. (a) $14,583.00 by the party of the first part during the period October 01, 2006 to September 30, 2007 (b) $15,749.00 by the party of the second part during the period October 01, 2006 to September 30, 2007 'S ? tl :,~? ~ ~/" /" CI, C?.'" ~ "'\ \ /\S\ (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of le~ers betweß.nJhe parties.'·,,(r (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. . 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and anaiytical worK pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be inc!Lded jq the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other. party. \ 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. ,\( v Ù , [" , r/ /\) .¡\ ". ..r) /1/\ I( ',J https://gsvaresaO] .er.uS2:s. QOv/W ebforms/9-1366R.nsf/c2b886045170c6238:"257] 330054c... 9/28/-~06 Form 9-1366 continued U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement Customer #: Agreement #: Project #: TIN#: .L U,5"'" .. UJ. ¿. Page 2 of 2 FL095 07EOFL208010 7·2080-00100 59-6000835 - -.". .".' ,._.~. _._""....__..__.--,~----_.------_.. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beypnd the due date. (31 USC 3717; Comptroller General File B-212222, August 23. 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact '. " Name: Jean Happel Address: 3110 S.W. 9th Avenue Ft. Lauderdale, FL 33315 Telephone: 954/377-5932 Email: jhappel@usgs.gov By Name: Title: éii;j"S Dr. Barry Rosen FISC Director n, Date il h !dð By Name: Title: Date By Name: Title: Date ST. LUCIE COUNTY Customer Point of Contact Name: Sue Durden Address: 2300 Virginia Avenue Ft. Pierce, FL 34982 Telephone: 772/462-1485 Email: DurdenS@stlucieco.gov BY(!¿ N.ame: DoIX] Œùi.", {"I Title: c..ha \ rvVVJ:.f\ By Name: Title: Date IOltq le<.:. Date__-_ Date .... https:!/gsvaresa01 .er. usgs.gov/W ebforms/9-1366R.nsf/c2b886045170c623852571330054c... 9/28/2006 // ITEM NO. c..'3 b DATE: October 17, 2006 AGENDA REQUEST REGULAR [ J PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMmED BY (DEPT): Public Works DeDartment 4117 PRESENTED BY: ~~~ ( Donald B. West, .E. Public Works Director ",-.~ SUBJECT: USGS contract for water quality monitoring at 5 Mile Creek. BACKGROUND: SFWMD is partnering with Martin and St. Lucie Counties to establish a Water Quality Monitoring Network throughout the Upper East Coast watershed, including the urbanized areas. In order to prioritize stormwater management efforts and water quality improvement projects, a tributary water quality monitoring network will be required. The data collected by the Water Quality Monitoring Network will also help St. Lucie County comply with National Pollutant Discharge Elimination System (NPDES) minimum control measures. The data will also aid in problem source identification and will establish a baseline for evaluating the effectiveness of water quality improvement projects. As a '~art of St. Lucie County's participation in the Water Quality Monitoring Network, the attaChed contract will contiJ'IKJe a monitoring station at Five Mile Creek and Okeechobee Road. The attached contract is an agreement with U.S. Geodetic Survey (USGS) and St. Lucie County to share the cost of continuing the monitoring station. The contract requires a 50% match in the amount of $14,583.00. The data will be collected and analyzed by USGS, to be shared with SFWMD and St. Lucie County. FUNDS AVAIL.: Funds will be made available from the Stormwater MSTU Budget, within the NPDES Permitting Account. # 102001-3725-531000-42512 PREVIOUS ACTION: September 23, 2003: BOCC approval of $50,000 in matching funds for the Water Quality Monitoring Program with SFWMD. September 14, 2004: BOCC approval of $14,860.00 In matching funds for the Water Quality Monitoring Program with USGS. February 21 ,2006: BOCC approval of $14,583.00 in matching funds for the Water Quality Monitoring Program with USGS. RECOMMENDATION: Public Works staff is recommending approval of the attached contract with USGS in the amount of $14,583.00, for Water Quality Monitoring in the Five Mile Creek., and sign re by the Chairman. COMMISSION ACTION: ~APPAOVED [ ] OTHER: [ ] DENIED Approved 5-0 Dougl nderson County Administrator ,~. (X]County Attomey (l. (x Originaling Dept. Public WOrk~ ~ (X Mgl & B· Lv [JEnv. Rei. DIv.·· (X PUrchaalng~'\:...c " ( JRoad & Bridge _ .. .~m'-. ""-_·__~m,~'~~.m··' -- -. St. Lucie County Board of County Commissioners 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Te1ehpone: (772) 462-1700 Fax: (772) 462-1704 PAGE: 1 ~~@Ii@I¡~~"i"'. COUNTY', flORIDA-- PURCHASE ORDER Vendor: 30932 Department of Interior Suite 107 9100 NW 36th Street Miami FL 33178 PO Number: P2711052 (PO number must appear on all documents and packages) Issue Date: 12/12/06 Delivery Date: 09/30/07 St. Lucie County Finance Department 2300 Virginia Ave. Ft. Pierce, FL 34982-5652 Ship these items to: Public Works/Engineering 2300 Virginia Ave., Room 229 Roger Poitras 2nd Floor Fort Pierce FL 34982 Please send invoices to: Description Requisition #: R2751089 Quantity UIM Unit Price Extended Price Water Year Data Program 2006/07 Water Year Data Program BD: 10/17/06 Water quality Monitoring Network C06-10-68;3 B-07-102001-3725-531000-42512-RPENGN 1. 00 EA 14,583.0000 14,583.00 \\ \9\O'l ~ \\'1\0" 5 ct.'""":) q-:L17~ p :::>, \ ...J ~\~3'1~ '::1- ""::> <þ -3, 9'~ 1 ....- Qo '1 SO ~\ \';) c..:....r¡ \ C'i t., i -.J 'S.é) b\lD~ For additional information contact: Barbara Meinhardt 772-462-1708 Barbaram@stlucieco.gov TOTAL: $14,583.00 Federal Employers Identification: 59-6000835 State Sales Tax Exemption: 66-02-017737-53C Purchasing Director DEPARTMENT COPY II ITEM NO. C 3 R. DATE: June 5, 2007 AGENDA REQUEST REGULAR [ 1 PUBLIC HEARING [ ] CONSENT (x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Second Amendment to Work Authorization No. 20 (C03-05-395) with Hazen and Sawyer, P.C.,for Garrison Lane Drainage Improvements. This amendment is for a time extension through August 31, 2007. No additional funding will be required for this item. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds are available in 101003-41134-563005-42513 and 101003-41134-563003-42513 Transportation Trust Local Option-Drainage. PREVIOUS ACTION: August 2:3, 2005 - Board approved Work Authorization No. 20 with Hazen and Sawyer, P.C., in the amount of $17,600 for Garrison Lane Drainage Improvements. March 7, 2006 - Board approved the First Amendment to Work Authorization No. 20 with Hazen and Sawyer, P.C., for Garrison Lane Drainage Improvements, for a time extension through August 31,2006. RECOMMENDATION: Staff recommends Board approve the Second Amendment to Work Authorization No. 20 with Hazen and Sawyer, P.C., for Garrison Lane Drainage Improvements, for a time extension through August 31,2007, and authorization for the Chairman to sign. [x] County Attorney Ix] Orig. Dept. Public Wks. [] Finance (Check for copy only, if appli ble) Garrison Lane WA 20 Amend.2.ag.doc Anyone with a disability requiring accommodation to attend this meeting should contact the St Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. /k Ix] Mgt. & Budget [ ] Proj. Mgr. o la Anderson County Administrator ¡40 mrnq Ix] Exec. Asst. ßi\'t1 [ ] Other J COMMISSION ACTION: ~.. APPROVED ( ] OTHER [ 1 DENIED Approved S-O v~' [X]County Attorney [x]Originating Dept. Public works~- [ ]Eng/MSBU Coor. Coo~lnatIOnßiíe~ [X]Mgt. & Budget [ ]Env. Res. Div. [ ]Growth Man. [ ]Road & Bridge " ;./ DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer DATE: June 2, 2007 SUBJECT: Second Amendment to Work Authorization No. 20 (C03-05-395) with Hazen and Sawyer, P.C., for Garrison Lane Drainage Improvements BACKGROUND: August 23,2005 - Board approved Work. Authorization No. 20 with Hazen and Sawyer, P.C., in the amount of $17,600 for Garrison Lane Drainage Improvements. March 7, 2006 - Board approved the First Amendment to Work. Authorization No. 20 is for a time extension through August 31,2006. No additional funding will be required for this item. The attached Second Amendment to Work. Authorization No. 20 is for a time extension through August 31,2006. No additional funding will be required for this item. SECOND AMENDMENT TO WORK AUTHORIZATION NO. 20 C03-05-395 W.A. 20 PROJ/PROG #42513 ENGINEERING SERVICES RELATED TO STORMWATER MANAGEMENT GARRISON LANE DRAINAGE IMPROVEMENTS Work Authorization No. 20 between St. Lucie County (the "County") and Hazen and Sawyer, P.C. (the "Engineer") for Professional Engineering Services related to Stormwater Management (the "Agreement") dated May 13,2003, is hereby amended to include a time extension through August 31, 2007 as described in the attached Exhibit "A". All other terms and conditions of Work Authorization No. 20 (C03-05-395) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to Work Authorization No. 20 (C03-05-395) to be executed and delivered on the dates below. ST. LUCIE COUNTY, FLORIDA ATTEST: BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DATE: HAZEN & SAWYER, P .C. WITNESSES: BY: (Type or print name/position) DATE: " Agenda Request Item Number Date: 4,4 6/05/07 Consent Regular Public Hearing Leg. [ ] [X] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Growth Management Presented By Þ¿fI'-f Bob Nix, Director SUBJECT: Request to approve equipment request EQ #07-322 and budget amendment BA #07-054 for the installation and purchase of a Smart Board System in Growth Management's future, remodeled DRC Conference Room. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds to be made available in: 001-1510-564000-100 - Capital Equipment; Planning PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve EQ #07-322 and BA #07-054. COMMISSION ACTION: x , I APPROVED I OTHER D DENIED Approved 5-0 Coordination! Signatures uoumy Attorney ~/I"" Mgt. & Budget: ~ Originating Dept.: --1JtJ:2Y'!.f Other: Finance: Purchasing: Other: INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Bob Nix, Director DATE: May 29, 2007 SUBJECT: Purchase of Smart Board Equipment ****************************************************************************** BACKGROUND: With the new office space constructed in the Growth Management Department a few years ago, a Smart Board System was purchased for the existing Conference Room No. 1. This room is utilized for the DRC meetings and no longer has the capacity to accommodate these meetings. Therefore, an additional conference room is being renovated in the Civic Center concourse for the DRC meetings. This Smart Board System has proven efficiency and effectiveness with access to GIS mapping, network applications and DVD presentations presented during the DRC process. An additional system is being requested for this purpose. Conference Room No.1 and the existing Smart Board System will still be utilized for the Smart Growth, Scenic Highway Corridor, Staff, TDR and other routine meetings. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve EQ #07-322 in the amount of $5,500 and BA #07-054. Funding will be made available due to savings in cubicle furniture this fiscal year. ,. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2006-2007 APPROVED: YES NO NO REVISED REVISED DEPARTMENT: GROWTH MANAGEMENT ADMINISTRATION RECOMMENDED: X YES JUSTIFICATION: The Smartboard is an interactive whiteboard working with computers and digital projectors. This equipment is already installed in Growth Management's Conference Room NO.1 and has proven it's reliability and effectiveness with presentations and slide shows. This request for an additional Smartboard system will be installed and used in the newly remodeled DRC conference room, in the Civic Center concourse. Funds are available due to savings in furniture. IT Quotes No. 1457 and 1458. EQUIPMENT REQ#: EQ07-322 ACCOUNT#: 001-151 0-564000-1 00 InfQrmati~:;;:~t:~~ .'.#' ~'~.., ..;"""._.~..._4_·. Phone: (772) 462-1681 Fax: (772) 462-1443 BOARD OF COUNTY COMMISSIONERS ST. LUCIE 2300 VIRGINIA A VENlÆ FORT PIERCE, FL. 34982 Name/Address GROWTH MANAGEMENT IT Quote Date Quote # I 3/912007 1457 QUOTE VALID UNTIL W.O. # REQUESTOR 4/9/2007 87880 Sheree Bell Description Qty Rate Total Small Form Factor PC to go with Smartboard and 1 930.60 930.60 Projector System including wireless mouse and keyboard VENDOR INFORMATION: Dell Computers One Dellway, RR2E Box 4 ! Round Rock, TX 78682 ¡ \ ~ 1.\)~\ V\!::..~ The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $930.60 stated. AUTHORIZED SIGNATURE F,¡ 11/.~ .' :~~fOrmBti~~~:j~~O~:'-" , ~...--~~-~~ Phone: (772) 462-1681 Fax: (772) 462-1443 BOARD OF COUNTY COMMISSIONERS ST. LUCIE 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 Name/Address GROWTII MANAGEMENT IT Quote Date Quote # 1458 3/9/2007 ~ QUOTE VALID UNTIL W.O. # REQUESTOR 4/9/2007 87880 Sheree Bell Description Qty Rate Total SMART BOARD, 77" Interactive Whiteboard all in one 1 4,486.00 4,486.00 including Projector and mounting cables VENDOR INFORMATION: CCS Presentation Systems 8785 Perimeter Park Blvd Jacksonville, FL 32216 I ( 'f~~1. ,r¡ \'1"'" ¥\~~\~.. The goods and/or services as quoted hereon have been requested in the Total quantity and quality stated. Quotes are valid for 30 days unless otherwise $4,486.00 stated. AUTHORIZED SIGNATURE jJ~ /1/.' I~ -. BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMB/Growth Management - Admin PREPARED DATE: 4/4/2007 AGENDA DATE: 6/5/2007 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-1510-564000-100 Machinery & Equipment $5,500 FROM: 001-1510-551200-100 Equipment < $1,000 $5,500 REASON FOR BUDGET AMENDMENT: Smartboard and accessories will be used for the newly remodeled DRC conference room in the Civic Center Concourse. CONTINGENCY BALANCE: THIS AMENDMENT: $5,500 REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: {if. (J. BUDGET AMENDMENT #: BA07 -054 DOCUMENT # & INPUT BY: Agenda Request Item Number Date: L/G June 5, 2007 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Presented By lJ rI ¡11,¡ Growth Management Director Agreement with Oakbridge Development, LLC, to pay fee in lieu of constructing concrete sidewalks. Growth Management SUBJECT: BACKGROUND: On July 25, 2002, through the Community Development Order No. 02-013, the Community Development Director granted Minor Site Plan approval for the project to be known as Oakbridge Subdivision. After receiving site plan approval, the developer proceeded to permit and construct the infrastructure for the proposed development. The infrastructure for the proposed development was not complete and the CD Order No. 02-013 which granted Minor Site Plan approval expired July 25, 2004. Oakbridge Development, LLC, has received Minor Site Plan approval and has submitted the final plat for the project to be known as Oakbridge Subdivision located on the west side of Johnston Road, approximately 1.2 miles north of Indrio Road. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On April 19, 2007, through Growth Management Order No. 07-005, the Growth Management Director granted Minor Site Plan approval for the project to be known as Oakbridge Subdivision subject to 4 limiting conditions. On May 8, 2007, The Board of County Commissioners approved the final plat for Oakbridge Subdivision and authorized its final execution. RECOMMENDATION: Staff recommends the Board approve the Fee in Lieu of Construction Agreement with Oakbridge Development. LLC and authorize the Chairman to sign. ~ COMMISSION ACTION: ~ APPROVED CJ OTHER Approved S-o D DENIED ~",," Attorney II$. Originating Dept.: .___ Finance: Coordinationl Signatures Mgt. & Budget: Environ. Res. Div. Road and Bridge Div. Purchasing: County Surveyor: Ni (NJ ~ ¿¡.¡' ^'lY P Commission Review: June 5, 2007 ----- ----.. GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners Through: Bob Nix, AICP - Growth Management Director From: Linda Pendarvis, Planner Date: May 22, 2007 Subject: Agreement with Oakbridge Development, LLC, to pay fee in lieu of constructing concrete sidewalks for the project to be know as Oakbridge Subdivision. On April 19, 2007 through Growth Management Order No. 07 -005, the Growth Management Director, granted minor site plan approval for the project to be known as Oakbridge Subdivision, subject to 4 limiting conditions. The project is located on the west side of Johnston Road, approximately 1.2 miles north of the Indrio Road in the AG- 1 (Agricultural, 1 du/ac) zoning district. The project consists of 8 single family lots on 11.17 acres. As a condition of approval of the proposed project, the developer has been required to pay a fee in lieu of construction of a 6-foot wide sidewalk along the projects frontage of Johnston Road. Oakbridge Development, LLC has agreed to pay a fee of ten thousand six hundred thirty six dollars and 90 cents (10,636.90) in lieu of the construction of a concrete sidewalk. The cost estimate for the fee was approved by the County Engineering staff. The funds will be used for the design and construction of sidewalks at locations as determined by the County. Staff recommends the Board approve the Fee in Lieu of Construction Agreement with Oakbridge Development, LLC and authorize the Chairman to sign. Please contact this office if you have any questions on this matter. SUBMITTED: Þút iff Bob Nix, AICP Growth Management Director cc: Oakbridge Development, LLC Clyde Killer Ron Harris, County Surveyor File AGREEMENT TO PAY FEE IN LIEU OF CONSTRUCTING CONCRETE SIDEWALKS THIS AGREEMENT is made and entered into this ~ day of ~~2007, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision f eState of Florida("County") and OAKBRIDGE DEVELOPMENT, LLC. WITNESSETH: WHEREAS, Developer intends to construct a project to be known as Oakbridge Development; and WHEREAS, the Developer cannot construct concrete sidewalks at the project location due to site conditions. WHEREAS, the Developer agrees to pay to the County Ten Thousand Six Hundred and Thirty Six dollars and 90/1 00 as payment in lieu of constructing the required concrete sidewalks at the project location. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: Within fifteen (15) days from the date of this agreement, the Developer shall deliver to the county funds in the amount of$10,636.90. The funds delivered to the County shall be used for design and construction of sidewalks at locations as determined by the county. The funds are non-refundable after County Commission approval of project. IN WITNESS WHEREFOF, the parties have caused this Agreement to be made and entered into the day and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS BY COUNTY ATTORNEY BY q"f.t, yt 111~~ /I!~ Title . Bank of America Cashier's Check ,'NötÍi:~.tP 'u;cJj¡¡." sçe...:Ip.,!¥~¡'~nt1!ûs ~~c¡lt1s)!J~.l-iííis'e.laJè. d~.R. stOle./¡.~ ~Q. ÒJ11'" ,., "" ;':" . ['/" ".. , '- "~c. ít.t~ ,,6" __2AÍí'1': 1 ' "..'1,.:,:"'" ",,, . , ';State!¡¡en~nd 9.Oia~y~alt~p.¥i>d wil1'l\èI'<!'luiiedp'nQJl.or~pl¡ice!l!entèl)lu ."~ '\ èD ie' '\. ~ " ;IIft.~ >'D,' 1111, " ;, ,(' '-""'-,\ 1 ~F~~;;;J}]~~~~~~~~/)L'~],,;;, <;,\!.j¿Y?~;PL,¿<;;d / \.... , : : .~.., ''''" '\\ OÞÖGø'f"'Ø~5 i ~O~U~811 '\ 'l, ;', % ;'\\OA\B~ìDqì"*IVìL'OiÌII~,~1;ê t !;~~;"".~~'~~'~~~~~)~~~;:;;)\:; i:." >< _~ ! ~ '.; (, "'., ~ tOo,:' :' ,/; :- : ; ~, ,,~ / : ? ' :; /;/ ': ' -+. The, /; a:~S' ~.¡jCII CODtl** ,;:: \Or4e~, ~""t"t" t·· ." .,'~ "", ;/"'/", j' o 'Of:: "..'" No. 0464877 ~ ~ ~, '- B-,¡nJi:oi A~eriì:a; >f.A,,, sán"\'!ltwiìo, Te'x~. . .' .', ~ A·/.····...'ê· .... ··:;~iif;;¡i~;t ~uthorizeô}Sigi1a~u¡:£ f Ki~~ ·13(}ò.~íÎïl~ '\, '~.. . " ,'~' /(~)) J;¡ .f :;:;~' ,:}~~;~~' "~~~)~>,~~ s '/, ':'{./:' ! ":-'/~ :'"( ':-/ Í"" \~ ~~-t ~~~ ,/ßí. /:-:-~ it" "**.tQ63ß..90*,' :,/,\' ~ ~ -\" ,~_(:'c/ "',~ '~ ~ ~ ~ ,; ~ I $' ~ ~ j/'/-,;: //'/./ ~ L: , \.. V(>ID ÁFTÉR90DÁVS' .., "(/ III 0 ~ b ~ a ? ? III I: ¡. ¡. ~ 0 0 0 0 ¡. q I: 00 ¡. b ~ ¡. 0 0 5 5 ~ 5 III Ii THEORIGINALDOCUMENTHASR.I£FLECTIVEWATERMARK ON THE BACK THE ORIGINAL DOèuMENTHASREFLECTIVE WATERMARK ON' THE BACK II .," ,. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: I'JiI'!I COMMISSION ACTION: ~ APPROVED c:=J OTHER Approved 5-0 ~v...nty Attorney Originating Dept.: Finance: Agenda Request Item Number Date: 4C 06/05/07 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ Presented By Growt~il(g1ment Director Petition of Velay Properties, for the approval of an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road for the project known as Seminole Acres Subdivision, a proposed 7-lot subdivision for property located on the east side of Seminole Road, approximately 1 mile north of Immokolee Road in the AG-1 (Agricultural - 1 du/acre) Zoning District. Board of County Commissioners Growth Management Velay Properties, LLC, has submitted the final plat for the project to be known as Seminole Acres Subdivision. As a condition of approval of the proposed project, the developer has been required to contribute fees in the amount of $131,864.00 for the fair share contribution toward the paving of Seminole Road. The developer has entered into the attached Agreement to pay the fair share contribution for this project. NIA On November 8, 2006, through Growth Management Order 06-030, the Director of Growth Management granted minor site plan approval for the project to be known as Seminole Acres Subdivision. Approve the agreement to Pay Fair Share Contribution for Improvements to Seminole Road for the project known as Seminole Acres SID. D DENIED ~JJ/ (f,t 4/....,. Coordinationl Signatures Mgt. & Budget: Environ. Res, Div. County Engineer --iLl.I42-- Purchasing: Road and Bridge Div. County Surveyor /;./+ Commission Review: June 5, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, AICP- Growth Management Director FROM: Hank Flores, Sr. Planner DATE: May 22, 2007 SUBJECT: Petition of Velay Properties for approval of an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road for the project known as Seminole Acres Subdivision final plat approval for the project to be known as Seminole Acres SID. On November 8, 2006, through Growth Management Order 06-030, the Director of Growth Management granted minor site plan approval for the project to be known as Seminole Acres Subdivision. The project is located on the east side of Seminole Road, approximately 1 mile north of Immokolee Road in the AG-1 (Agricultural - 1 du/acre) Zoning District and consists of 7 lots. As a condition of approval of the proposed project, the developer has been required to contribute fees in the amount of $131,864.00 for the fair share contribution toward paving of Seminole Road. The developer has entered into an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road and has presented a check to St. Lucie County. Staff recommends approval of the attached Agreement as prepared by the County Attorney's office. Please contact this office if you have any questions on this matter. SUBMITTED: "ß~ ~~ Bob Nix, AICP Growth Management Director cc: Katherine MacKenzie-Smith, - Assistant County Attorney Edward Becht, Esquire Jeffrey Hardwick - Velay Properties Ron Harris, County Surveyor File , To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: ~ COMMISSION ACTION: ~ APPROVED c=J OTHER Approved 5-0 ___.,ty Attorney Originating Dept.: Finance: Agenda Request Item Number Date: --=iLL- 06/05/07 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ Presented By Gr£fM!tement Director Petition of Velay Properties, for final plat approval for the project known as Seminole Acres Subdivision, a proposed 7-lot subdivision for property located on the east side of Seminole Road, approximately 1 mile north of Immokolee Road in the AG-1 (Agricultural - 1 du/acre) Zoning District. Board of County Commissioners Growth Management Velay Properties, LlC, has submitted the final plat for the project to be known as Seminole Acres Subdivision. As a condition of approval of the proposed project, the developer has been required to contribute fees in the amount of $131,864.00 for the fair share contribution toward paving of Seminole Road. The developer has entered into an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road and shall be required to present funds in the agreement amount prior to the recordation of the proposed final plat. Said agreement is under consideration as a separate item. NIA On November 8, 2006, through Growth Management Order 06-030, the Director of Growth Management granted minor site plan approval for the project to be known as Seminole Acres Subdivision. Approve the final plat of Seminole Acres SID and authorize its execution, subject to the receipt of the agreed upon fair share amount. o DENIED Douglas M. Anderson County Administrator Jy .~ 8¡f Coordination! Signatures Mgt. & Budget: Environ. Res. Div. County Engineer ~ Purchasing: Road and Bridge Div. County Surveyor A./ ) Commission Review: June 5, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Bob Nix, AICP- Growth Management Director FROM: Hank Flores, Sr. Planner DATE: May 29, 2007 SUBJECT: Petition of Velay Properties for final plat approval for the project to be known as Seminole Acres SID. On November 8, 2006, through Growth Management Order 06-030, the Director of Growth Management granted minor site plan approval for the project to be known as Seminole Acres Subdivision. The project is located on the east side of Seminole Road, approximately 1 mile north of Immokolee Road in the AG-1 (Agricultural - 1 du/acre) Zoning District and consists of 7 lots. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(0) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the final plat for the subdivision to be known as Seminole Acres Subdivision and authorize its execution. As a condition of approval of the proposed project, the developer has been required to contribute fees in the amount of $131,864.00 for the fair share contribution toward paving of Seminole Road. The developer has entered into an Agreement to Pay a Fair Share Contribution for Improvements to Seminole Road and shall be required to present funds in the agreement amount prior to the recordation of the proposed final plat. Said agreement is under consideration as a separate item. Please contact this office if you have any questions on this matter. SUBMITTED: þ J 4I-í Bob Nix, AICP Growth Management Director cc: Katherine MacKenzie-Smith, - Assistant County Attorney Edward Becht, Esquire Jeffrey Hardwick - Velay Properties Ron Harris, County Surveyor File , AGREEMENT TO PAY FAIR SHARE CONTRIBUTION FOR IMPROVEMENTS TO SEMINOLE ROAD THIS AGREEMENT is made and entered into this day of 2007, by and between ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County") and VELAY PROPERTIES, LLC, ("Owner/Developer"). WIT N E SSE T H: WHEREAS, Owner/Developer intends to construct a subdivision to be known as Seminole Acres SID (the "Development") on land owned by Owner/Developer; and WHEREAS, pursuant to Section 7.05.07 84a1 of the County's Land Development Code, Owner/Developer has agreed to pay to the County their estimated fair share of the costs of paving Seminole Road (the "Improvements") in the total amount of one hundred thirty one thousand eight hundred sixty-four and no/100 dollars ($131,864.00). NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties covenant and agree as follows: 1 . Upon signing this agreement, Owner/Developer shall deliver to the St. Lucie County Finance Director a check in the amount of one hundred thirty one thousand eight hundred sixty-four and no/100 dollars ($131,864.00). 2. The Funds delivered to the County shall be disbursed on the following conditions and in the following manner: a. Upon written request from County Engineer to the County Finance Director, the Funds shall be disbursed to the County for paying the Owner/Developer's estimated fair share of the cost of planning, including conceptual and final design, and constructing the road improvements. b. If the County has not expended or encumbered the Funds by the end of the calendar quarter immediately following ten (10) years from the date the funds are delivered, then, upon written application of Developer, or its assign, any remaining funds including interest that may accrue, shall be released to the Developer, or its assign.. 3. The Owner/Developer shall include language on the plat providing notice that participation may be required in a future municipal service benefit unit or special assessment district to construct the Road Improvements including any amounts that may exceed the initial fair share amount. -1- , IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the day and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: VELA Y PROPERTIES, LLC G:\ATTY\AGREEMNT\SeminoleAcres -fair share.wpd -2- ITEM NO. c- 5 DATE: June 5, 2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: AI RPORT DIANA LEWIS, DIRECTOR SUBJECT: Request for approval of the PBS&J Work Authorization No. 22 for additional environmental services to support the permitting and completion of the Major Site Plan application for the proposed Runway 9L/27R and Parallel Taxiway, for a lump sum amount of $135,857. BACKGROUND: There have been several prior actions of the Board on this project. The most recent actions are provided here. In January 2007, the Board approved a Work Authorization for PBS&J to survey and do preliminary environmental reviews for the FPL powerline relocation. On November 14,2006, the Board approved the preliminary engineering study by FPL to relocate transmission lines impacted by the new runway. In October 2006, the Board approved Work Authorization for PBS&J to provide construction phase services and awarded the contract to Dickerson Florida, Inc. for the first phase of construction on this project. On August 28,2006, the Board authorized acceptance of the FAA grant when received for this project, which occurred on September 8. The Budget Resolution for the FDOT 2.5% matching funds was approved by the Board on August 15, 2006. This Work Authorization includes additional environmental work outside the area covered under the original Environmental Assessment for the new runway including areas impacted by the line of sight from the Air Traffic Control Tower. In addition, information was required to meet the Environmental Resource Department's comments during the Conditional Use Permit Adjustment process that was approved by the Board subject to conditions in January 2007. The Site Plan approval process is being delayed until the conditions can be met. FUNDS AVAILABLE: FAA Funding 140133-4220-563005-48006 Infrastructure/Consulting Engineers and FDOT/Local Funding will be available in: 140335-4220-563005-48006 PREVIOUS ACTION: August 2004 FAA $527,000, August 2005 FAA $708,931, August 2006 JPA $188,775, September 2006 FAA $6,539,438. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve PBS&J Work Authorization No. 22 to complete additional environmental services for a lump sum amount of $135,857, and to authorize the Chair or designee to execute same. ~MMISSION ACTION: (APPROVED () DENIED ( ) OTHER Approved 5-0 DOUG PI. ERSON COUNTY ADMINISTRATOR County Attorney ( ) f:t~.D..r2 Mgt. & Budget Originating Dept. ( ). ./..}~ Other ( ) Finance: (check for copy, only if applicable)_ res '(f¡ (t'(:J I Purchasing ( ) Other ( ) BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: May 22, 2007 Re: Request for approval of the PBS&J Work Authorization No. 22 for additional environmental services to support the permitting and completion of the Major Site Plan application for the proposed Runway 9L/27R and Parallel Taxiway, for a lump sum amount of $135,857. ******************************************************************************************************************* There have been several prior actions of the Board on this project. The most recent actions are provided here. In January 2007, the Board approved a Work Authorization for PBS&J to survey and do preliminary environmental reviews on the FPL powerline relocation. On November 14, 2006, the Board approved the preliminary engineering study by FPL to relocate transmission lines impacted by the new runway. In October 2006, the Board approved Work Authorization for PBS&J to provide construction phase services and awarded the contract to Dickerson Florida, Inc. for the first phase of construction on this project. On August 28,2006, the Board authorized acceptance of the FAA grant when received for this project, which occurred on September 8. The Budget Resolution for the FDOT 2.5% matching funds was approved by the Board on August 15, 2006. This Work Authorization includes additional environmental work outside the area covered under the original Environmental Assessment for the new runway including areas impacted by the line of sight from the Air Traffic Control Tower. In addition, information was required to meet the Environmental Resource Divisions comments during the Conditional Use Permit Adjustment process that was approved by the Board subject to conditions in January 2007. The Site Plan approval process is being delayed until the conditions can be met. Staff recommends that the Board of County Commissioners approve PBS&J Work Authorization No. 22 to complete additional environmental services for a lump sum amount of $135,857, and to authorize the Chair or designee to execute same. WORK AUTHORIZATION NO. 22 CONTRACT C03-10-646 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of ,2007, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and PBS&J, hereinafter referred to as the "Consultant" . WIT N E SSE T H: WHEREAS, on October 14, 2003, the COUNTY entered into a Consulting Agreement (Contract No. C03-10-646) hereinafter referred to as "Contract" with the CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: St. Lucie County International Airport Runway (hereinafter referred to as "the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering Page 1 of 3 services for the Project under the pricing, terms and conditions of the continuing contract (C03-1 0-646). The services to be provided by CONSULTANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Attachment "A" and according to the schedule attached hereto as Attachment "C" which are attached hereto and made a part of this work authorization and incorporated herein. 3. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall not exceed a total amount of ONE HUNDRED THIRTY-FIVE THOUSAND EIGHT HUNDRED FIFTY-SEVEN AND 00/100 DOLLARS ($135,857.00), as further detailed in Attachment "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work within the time specified and further described in Attachment "C". c. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum In multiple copies, each of which shall be considered an original on the following dates. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN Page 2 of 3 APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CONSULT ANT BY: Print Name: Title: Page 3 of 3 ATTACHMENT A SCOPE OF SERVICES St. Lucie County, Florida St. Lucie County International Airport Runway March 5, 2007 PBS&J (Consultant) will provide St. Lucie County (Client) with the additional services required to complete the environmental permitting on the new runway 9L127R in St. Lucie County, Florida. This is a Lump Sum Contract. The specific tasks included in this Scope of Services are described in more detail below: Surveys and Permittinl!: The Consultant shall prepare and submit environmental permit applications with required surveys (excluding land survey), reporting, and documentation as required for project permits/approvals to the permitting agencies listed below. Coordinating each submittal with the Client as necessary, a maximum of two (2) requests for additional information from each permitting agency is anticipated. Task 1: St. Lucie County Conditional Use Permit: a. The Consultant shall prepare and submit applicable environmental documentation (Environmental Impact Report) to St. Lucie County for approval of the Conditional Use permit. The consultant shall coordinate with County ERD staff to assure compliance with County ordinances, permit conditions, and mitigation requirements. b. Pursuant to the conditions of approval for the County's Conditional Use Permit, the Consultant shall prepare a Protected Species Management Plan for submittal to County ERD. c. Pursuant to the conditions of approval for the County's Conditional Use Permit, the Consultant shall prepare a "Preserve Area Management and Monitoring Plan" (P AMP) to be submitted to and approved by the County. The P AMP shall be recorded in the public records of the County and shall at a minimum identify the area covered by the plan, its ownership, and assignment of management and maintenance responsibility. d. Pursuant to the conditions of approval for the County's Conditional Use Permit, the Consultant shall prepare a tree mitigation plan to offset the impacts to trees incurred for construction of the new runway. This is based upon the understanding that the line~of-sight tree clearing will not occur under this scope of services. e. Pursuant to the conditions of approval for the County's Conditional Use Permit, the Consultant shall assist with the revisions to the ALP, Final Site Plan, and Boundary Survey to identify the required wetland preserve areas and buffers. Pursuant to the conditions of approval for the County's Conditional Use Permit, the Consultant shall coordinate with the FFWCC and the USFWS to review the need for Audubon's Crested Caracara and Florida Scrub Jay surveys. It is the Consultant's assertion that with the elimination of the line-of-sight tree clearing alternative, the project has not deviated from the approved EA and therefore these additional listed species surveys are not required at this time. If the FFWCC and USFWS concur with Page 1 of 6 this assertion, the Consultant will attempt to gain concurrence from the County ERD. If the County agrees, the additional surveys will not be required. If this cannot be achieved, a Florida scrub jay survey and an Audubon's crested caracara survey will be required. The cost for the surveys are included in this scope, however it is assumed that the project will not impact any federally listed species and therefore federally listed species permitting is not included in this scope of services. If any federally listed species is found to occur an additional services agreement to initiate formal consultation with the USFWS may be required. Task 2: South Florida Water Management District (SFWMD) Environmental Resources Permit: a. The Consultant shall prepare and submit the additional information requested by the SFWMD in order to obtain ERP approval for the new runway. This includes additional site visits, meetings, field reviews, data collection, and mitigation requirements that were not addressed under the original scope of services. In addition, this review encompasses all wetlands to remain after direct impacts associated with the runway construction, which were not addressed in the Environmental Assessment (prepared by others). These additional wetlands will be field delineated, verified by SFWMD staff, incorporated into the plan set, reviewed for potential secondary and cumulative impacts, and accounted in the revised mitigation proposal. b. Normal Pool Elevations: The Consultant shall field identify and establish normal pool elevations for each of the wetlands to be impacted or to remain onsite within the project limits. This includes wetlands not directly impacted by the runway project but that have been specifically identified as "potentially impacted" by the SFWMD. c. Mitigation: The Consultant shall revise the Wetland Mitigation Plan based upon the comments and scoring provided by the SFWMD. The mitigation as proposed is conditional pending approval by the FAA, USDA, SFWMD, ERD, and ACOE. Should significant changes to the location or amount of mitigation require additional field work, additional services would be warranted. At present, the mitigation is assumed to not exceed 150 acres onsite. Field reviews of those 150 acres have been conducted and estimates of mitigation value have been provided to the regulatory agencies. The mitigation values have been estimated assuming perpetual conservation of the onsite mitigation. If that cannot be accomplished, alternate mitigation, and therefore additional services, would be required to offset the project impacts to wetlands. Task 3: Listed Species: a. FFWCC: Permitting for up to 40 burrows was accounted in the previous scope of services. Surveys of the limits of construction for the runway project yielded closer to 100 burrows. The additional services agreement is required to permit, excavate, and relocate the remaining tortoises within the new runway limits. It is understood at this time that no clearing is anticipated between the two runways in the "line-of sight" limits. If such clearing becomes necessary, additional listed species services will be required and an additional scope and budget will be provided. In addition, the Consultant shall coordinate with the FFWCC and the USFWS to review the need for Audubon's Crested Caracara and Florida Scrub Jay surveys. It is the Consultant's assertion that with the elimination of the line-of-sight tree clearing alternative, the project has not deviated from the approved EA and therefore these additional listed species surveys are not required at this time. If the FFWCC and USFWS concur with this assertion, the Consultant will attempt to gain concurrence from the County ERD. If the County agrees, the additional surveys will not be required. If this cannot be achieved, a Florida scrub jay survey and an Audubon's crested caracara survey will be required. The cost for the surveys are included in this scope, however it is assumed that the Page 2 of6 project will not impact any federally listed species and therefore federally listed species pennitting is included in this scope of services. If any federally listed species is found to occur an additional services agreement to initiate fonnal consultation with the USFWS may be required. USFWS: Coordination with the USFWS will be conducted on the understanding that the project has not substantially deviated from the project as approved in the Environmental Assessment. If the project does change, or additional impacts may occur, an additional services authorization will be required. b. USDA: The Consultant will coordinate with the USDA's Wildlife Services office to review the proposed project and mitigation and assure that it is compliant with the FAA's Hazardous Wildlife Advisory Circular. Should the USDA require extensive changes to the project or mitigation proposal, additional services may be required. Project Coordination / DesieD Phase Meetines The Consultant shall coordinate on an as-needed basis to ensure all disciplines and team members are kept infonned of the status of the required activities, including but not limited to coordination with the following: the Client, Engineer, biologists, geotechnical consultants, and all applicable governmental! pennitting agencies. ASSUMPTIONS · The Client will pay all processing, recordation, application, impact, review, and legal and pennitting fees. · No federally listed species will be impacted by this project, and therefore no fonnal consultation with the USFWS will be necessary. · The wetland mitigation plan will not substantially change from the plan identified in the pennit application and/or EA and FONSI · The trees within the area between the new and existing runway will not be cleared for line-of-sight (only trees required to be cleared within the safety and object free areas of the runways and taxiways). · The northern and eastern portions of the perimeter road will not be constructed or pennitted. · This project will have one set of pennits regardless of construction phasing. · All direct expenses and permit fees will be paid by the Client. These include, but are not limited to mileage, courier service, copies, reproduction services, etc. ADDITIONAL SERVICES Services authorized by the Client other than those specifically listed in this Scope of Services shall be considered Additional Services, for which the Client will compensate the Consultant based on an additional fee that is mutually agreed upon. Consultant shall not begin tasks for additional service items before receiving signed, written authorization agreement from Client. Page 3 of 6 ATTACHMENT B COMPENSATION St. Lucie County, Florida St. Lucie County International Airport Runway April 9, 2007 TASK FEE 1. ST. LUCIE COUNTY CUP EIR Preparation and Submittal............................................ .......................... ............. ........ $7,600.00 Protected Species Management Plan Report ...................................................................... $1,089.00 Preserve Area Management and Monitoring Plan .............................................................. $3,401.00 Tree Mitigation Plan..... ........ .......... ........ ...... ....................................... ......... ...... .......... ...... $7,413.00 Revisions to ALP, Site Plan, and Boundary Survey........................................................... $1,561.00 Coordination with County ERD ......................................................................................... $3,280.00 2. SFWMD PERMITTING Additional wetland flagging (outside EA purview).......................................................... $14,292.00 Normal Pool Elevations........................ ........................... ............ .................... ................... $7,334.00 Additional Mitigation Requirements.... ................................ ........ ....... ............................. $22,280.00 Meetings and Site Reviews ............ ...................................... ..................................... ......... $7,225.00 3. LISTED SPECIES Caracara and Scrub Jay Surveys........................................... .............................................. $8,740.00 USFWS Report Preparation .................. .................. ........................................................... $4,886.00 Informal Consultation with USFWS ....................... ............. ....................... ............... ........ $3,005.00 Meetings with Wildlife Agencies ....................................................................................... $2,832.00 Gopher Tortoise Permit and Report ................................................................................... $4,269.00 Gopher Tortoise Excavation (up to 100 burrows) ............................................................ $24,400.00 EXPENSES (incl. $800/day for 10 days for backhoe and operator for GT relocation) ......... $20,250.00 1::: 0 c. ... < iã s:: 0 ~ ca s:: ... Q) .... s:: :: s:: ~ 0 0 Q) ï3 ,... 0 ~ I ..J .¡: .. 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CD Lò CD CD c~ U::: -c It it ü:-c 0) £:) 0) 3: 3: CD CD CD !'- !'- 0 ~ Q ~ 0 0 0 0 C\j '" t£:! C\I fij C\I caC\l N Lò CD -~ ~ c Lt OO-c ""C -c 0 0) 0) 0) :2 3: 3: 3: '" '" -c ,:,£ ~ 0 C> - '" ã. 0 ï~ 0 ca à: ü I- 00 (¡; -c a. a. c I- 0) ca z IJ >. :J 0) '" e¡¡ C> C: 0) c => u c E 00 "2: 0 0:; "Ë '" 0) 'ë 0) 0)00 C (¡; ë3 c Ee¡¡ 0 a. 0) "2 c. 0 c. ~"¡§, 0 00 ã) c. ~ :2 ""C ã. E ,:,£.2 c 3: -c ::> 0) E ",0 ii) C cau 0 LL. 0 o)!'- I-W 0 00 :.J Ü EO oCt'" ern rn rn rn rn o£:! oU) wo) Q~ t5~ C\I C') ~ U) 0) "" "_ 0) e-æ a.o ca :2 AGENDA REQUEST ITEM NO: C-6 Pr DATE: June 5, 2007 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation PRESENTED BY: Debra Brisson Director SUBJECT: Fairgrounds Sanitary Sewer System Extensions Reimbursement/Forestry Division Approve Ditchdigger Change Order # 1. Approve Budget Resolution # 07-189. BACKGROUND: On August 10,2004, the County entered into an agreement with the Forestry Division allowing the relocation of its operation to the Fairgrounds with the Forestry Division agreeing to construct its facility at its own expense. On December 12, 2006, the Board of County Commissioners awarded Bid #07-005 Sewer System Extensions to Ditchdiggers in the amount of $98,614.76. Ditchdiggers is requesting a Change Order in the amount of $44,744 to cover the costs of extending sewer service to the Forestry Division. The Forestry Division is remitting $44,744 to cover this cost. Staff recommends that the Board of County Commissioners accept the $44,744 from the Forestry Division for its share of the Fairgrounds Sanitary Sewer System Extensions, approve Budget Resolution # 07-189 and approve Ditchdigger Change Order # 1. PREVIOUS ACTION: N/A FUNDS Will BE MADE AVAilABLE: 001-7420-563000-7803 (Fairgrounds Infrastructure Sewer Waste Water System Project. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the $44,744 from the Forestry Division for its share of the Fairgrounds Sanitary Sewer System Extensions and approve Ditchdigger Change Order # 1 in the amount of $44,744. Approve Budget Resolution # 07-189. COMMISSION ACTION: lXl APPROVED [] DENIED [ ] OTHER: ENCE: Dou nderson County Administrator Approved 5-0 Coo rd ¡nation/S iq n atu res County Attorney: ¡iì (\ \ Mgt & Budget: /..::r;tJ ~ Purchasing: Originating Dept: ~ Public Works: Other: RESOLUTION NO. 07-189 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available through the Division of Forestry / FDOACS, totaling $44,744. This funding is for the extension of sewer service to the Forestry Division's newly relocated operations building at the Fairgrounds. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 5th day of June, 2007, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2006-2007, and the County's budget is hereby amended as follows: REVENUE 001-7420-33491 5-7803 FI Dept of Agriculture & Consumer Services $44,744 APPROPRIA TrONS 001-7420-563000-7803 Infrastructure $44,744 After motion and second the vote on this resolution was as follows: Commissioner Chris Craft, Chairperson XXX Commissioner Joseph E. Smith, Vice Chairperson XXX Commissioner Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Charles Grande XXX PASSED AND DULY ADOPTED THIS 5TH DAY OF JUNE, 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Parks and Recreation Department Memorandum To: From: Board of County Commissioners Linda Barton, Assistant Directorft--- Subject: Approval of Agenda Item #, Date: 5/8/2007 On August 10, 2004, the County entered into an agreement with the Forestry Division allowing the relocation of its operation to the Fairgrounds with the Forestry Division agreeing to construct its facility at its own expense. On December 12, 2006, the Board of County Commissioners awarded Bid #07-005 Sewer System Extensions to Ditchdiggers in the amount of $98,614.76. Ditchdiggers is requesting a Change Order in the amount of $44,744 to cover the costs of extending sewer service to the Forestry Division. The Forestry Division is remitting $44,744 to cover this cost. Staff recommends that the Board of County Commissioners accept the $44,744 from the Forestry Division for its share of the Fairgrounds Sanitary Sewer System Extensions approve Budget Resolution # 07-189 and approve Ditchdiggers Change Order # 1. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File ~..¡~~~ ;., A l!"..~, ~!~~~-'.f- r, y ': ~,./~_ '...~l~ ~ .~ .. -... ,¡.... --r4' _ ~ Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol. Tallahassee, FL 32399-0800 Please Respond to: Division of Forestry Forest Resource Planning & Support Services Bureau 3125 Conner Blvd., C25 Tallahassee, FL 32399-1650 May 17. 2007 Elaine Messier Administrative Support Coordinator St. Lucie County Parks and Recreation 2300 Virginia Avenue Ft. Pierce. FI. 34982 Dear Ms. Messier: This letter is to confirm the understanding between the St. Lucie County Parks and Recreation Department and the Division of Forestry I FOOACS concerning the sewer and water line extensions to the new Forestry building located at 5500 Peacock Road, St Lucie County, installed by Ditch Diggers. Inc. the installation contractor, For 8 fee not to exceed $44.744.00 the St. Lucie County Parks and Recreation Department will provide the following: 1) Sewer and water line extension to within 10' of the Division of Forestry building per plans and specifications by Masteller & Moler, rnc. Consulting Engineers. 2} Grinder pump, Simplex indoor control panel (20 amps max.) and holding tank, capable of transferring waste water 1200 L.F., Construction by Ditch Diggers, Inc. who will issue a 1 year written warranty for all work on the Division of Forestry site. Upon completion of the above work and certification of the system meeting Department of Environmental Protection and St Lucie County regulations; The Department of Agriculture and Consumer Services through the Division of Forestry will process for payment an invoice in the amount of $44,744.00 to the St. Lucie County Parks and Recreation Department Sincerely I ef of Forest Resource Planning upport SelVices Division of Forestry Cc: Ray Murankus St. Lucie County Utilities John Teague, OOF ~ V .. Florida Agriculture and Forest Products $87 Billion for Florida's Economy CHANGE ORDER ST. LUCIE COUNTY PROJECT: S1. Lucie County Utilities Fairgrounds Sanitary Sewer Midway Road Fairgrounds location Ft. Pierce, FI CHANGE ORDER NUMBER: #1 INITIATION DATE: 3115/07 CONSULTANT'S PROJECT NO.: 0606 TO (Contractor): Dilchdiggers, Inc 2108 Orange Ave Ft. Pierce, FI 34950 ST. LUCIE COUNTY CONTRACT NO: C06-12-818 CONTRACT DATE: 12/12/06 You are directed to make the following changes in this contract: (Additional sheet attached as Exhibit A - Yes No) 1. Install an additional structure due to unknown conflict with a stonn water pipe. 2. Extend the new construction of the 2" water and 2.5" sewer services and install grinder pump station at Ihe future Forestry Department Building. . The original (Contract Sum) (Guaranteed Maximum Cost) was Net change by previous authorized Change orders The (Contract Sum) (Guaranteed Maximum Cost) prior 10 this Change order The (Contract Sum) (Guaranteed Maximum Cost) will be (increased) (decreased or changed) by this Change Order The new (Contract Sum) (Guaranteed Maximum Cost) including this Change order will be The Contract Time will be (increased) (decreased) (unchanged) by The Date of Substantial Completion as of the date of this Change Order therefore is: $ 98,614.76 $ 98,614.76 $ 44,744.00 $ 143,358.76 ( 30 ) Days 7/13/07 Funds Available: Account Number The adjustment in Contract Price anellor Contract Tune stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price anellor time adjustments include the costs and delays for aM work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and muluaJ accord and satisfaction for the adjustment in contract price or time as a result or increases or decreases in costs and time of perfonnance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as sel forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and the Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: Approved: Earl H. Masteller, P.E., DEE ArchitectlEngineer 1655 27th Street, Vero Beach, FL, 32960 Address (ì/' ~ By - /{0¡ C¿t!.lpcetf' ;< A9reed To: St. Lucie County Department Address Ç:li I rJ7 Dáte ' By Authorized St. Lucie County:23oo Virginia Ave., Ft. Pierce, FL 34982 Ditchdiggers, Inc Contractor 2108 Oranste-Ave, Ft. Pierce, FI 34950 Address: By Date Approved as to Form and Correctness: f .' i...._ ."{ .' 4/26/2007 Date County Attomey By .' SI Lucie County Fairgrounds 1 Division of Forestry Proposal by: Ditcl1diggers. Inc. - CBC1250093 4/9/07 ITEM DESCRIPTION Mobilization Survey Layout of Utilities ( Mast Moler Reed) Testing, Densities, Utilities Engineering Services Subtotal Earthwork UTlLmES 2 1/2" PVC Force Main 2" Water Service 2" APZ Water Service 2" Ductile Fittings (Mise) Potable Water Sample Point Duplex Grinder Station wi Valve Box' Sewer Clean Outs ( by others) Connection to Existing Sewer (by others) Drainage Change Order Installation of conflict Drainage Box with Ductile Sewer Main . Lift Station Panel Installation Included. Electrical by others. Total Construction Cost Page 1 Qnty. Unit o LS 1 LS 1 LS 1 LS Unit Cost $0.00 $4,200.00 $1,200.00 $7,500.00 270 LS $7.70 250 LS $7.70 1 LS $1,950.00 1 LS $2,890.00 1 LS $565.00 1 LS $17,570.00 0 EA $0.00 0 LF $0.00 LS $4,865.00 Extension 0.00 4,200.00 1,200.00 7,500.00 12,900.00 2,079.00 1,925.00 1,950.00 2,890.00 565.00 17,570.00 0.00 0.00 4,865.00 31,844.00 44.744.00 · I Letter of Transmittal I ~ MASTELLER & MOLER. INC. - CIVIL ENGINEERS - Date: 5/1/07 I Job No.: 0606 1655 27th Street, Ste. 2 Attention: Ray Murankus Vera Beach, FL 32960 (772) 567-5300 (772) 794-1106 Fax RE: email: mastmolr(ã)bellsouth,net St Lucie County Fair Grounds TO: St Lucie County Utilities WW Distribution System 2300 Virginia Ave Ft Pierce, FL, 34982 WE ARE SENDING YOU ./ Attached (J Under separate cover via _ the following items: (J Shop Drawings (J Prints (J Plans (J Samples Q Specifications Q Copy of letter ./ Change Order (J Copies Date No. Description 5 4/30/07 2 Change Order # 1- Structure Addition & F orestrv Dept. Utility Extension 3 2/2/07 I Sketch & Legal's- Easement South Of Taylor Creek Marina-FPUA FM 3 4/30/07 2 Sketch & Legal's- Easement at Indian River Memorial Park-FPUA FM THESE ARE TRANSMITTED as checked below: ./ For Approval (J Reply Requested (J Resubmit _ copies for approval ./ For your use (J Approved as noted (J Submit _ copies for distribution ./ As requested (J Returned for corrections (J Return _ corrected prints ./ For review and comment (J (J FOR BIDS DUE: 20 (J Prints Returned After Loan To Us - REMARKS: Ray, Enclosed is the change order request for the fairgrounds WWC/T system concerning the addition of the Forestry Dept. and the conflict structure required to clears the force main. Also enclosed are the sketch and legal documents for easements for the FPUA Downtown force main. Please contact me if you have any questions. T ank you kindly, ~ ast~Moler, Inc. (~~ Ykl(( c/ arry Beecher Construction Service Administrator (if enclosures are not as noted. kindly notify us at once.) /Ikb (I. SLCUD_RMurankus_Chg Odr # 1_050507) FILE:MM- TRNSMTL3, DOC) 51 Lucie County Fairgrounds / Division of Forestry Proposal by: DitcflcJiggers, Inc. - CBC1250093 4/9/07 ITEM DESCRIPTION Mobilization Survey Layout of Utilities ( Mast Moler Reed) Testing, Densities. Utilities Engineering Services Subtotal Earthwork UTILmes 2 1/2" PVC Force Main 2· Water Service 2" RPZ Water Service 2" Ductile Fittings (Mise) Potable Water Sample Point Duplex Grinder Station wI Valve Box' Sewer Clean Outs ( by others) Connection to Existing Sewer (by others) Drainage Change Order Installation of conflict Drainage Box with Ductile Sewer Main . Uft Station Panel Installation Included. Electrical by others. Total Construction Cost Page 1 Qnty_ Unit o lS 1 lS 1 lS 1 lS Unit Cost $0.00 54,200.00 $1,200.00 $7,500.00 270 lS $7.70 250 lS $7.70 1 LS S1,950.00 1 lS S2,890.oo 1 LS $565.00 1 lS $17,570.00 0 EA $0.00 0 IF $0.00 lS $4,865.00 Extension 0.00 4,200.00 1,200.00 7.500.00 12,900.00 2,079.00 1,925.00 1,950.00 2,890.00 565.00 17,570.00 0.00 0.00 4,865.00 31,844.00 44.744.00 ~ COUNTY ~ FLORIDA -- AGENDA REQUEST ITEM NO. C-6b DATE: 6-Š-07 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [xx] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Debbie Brisson, Director SUBMITTED BY: Parks & Recreation/Sports and Athletics SUBJECT: Contract Approval/TS Academy Soccer BACKGROUND: TS Academy Soccer approached Parks and Recreation for the purpose of using Lawnwood Football Stadium and South County Regional Stadium to run an adult soccer program. This is a new competitive soccer league that is targeted at high school, college and adult players. They are an independent organization wishing to use/rent county facilities. Because of the nature of the agreement, the Board is asked to approve the agreement and grant permission for the Chairman to sign it. FUNDS AVAILABLE: No funds are needed. RECOMMENDATION: Staff requests the Board approve the contract with TS Academy Soccer for use of Lawnwood Football Stadium and South County Regional Stadium for an adult soccer program and authorize the Chairman to sign the agreement. IX APPROVED [] DENIED [ ] OTHER: ~ COMMISSION ACTION: Approved 5-0 Doa s M. Anderson County Administrator Review and Approvals ~ ::~~n:ti::O:::t#~' o:::agement & Budget Purchasing: - .. .. .........., " ..-.,.....,."-.... "- Parks and Recreation Department Memorandum From: Board of County Commissioners Linda Barton, Assistant Director h--- To: Subject: Approval of Agenda Item #C-6B Date: 5/18/2007 TS Academy Soccer approached Parks and Recreation for the purpose of using Lawnwood Football Stadium and South County Regional Stadium to run an adult soccer program. This is a new competitive soccer league that is targeted at high school, college and adult players. They are an independent organization wishing to use/rent county facilities. Because of the nature of the agreement, the Board is asked to approve the agreement and grant permission for the Chairman to sign it. LB: em Attachment cc: D. Anderson, County Administrator R. Wazny, Assistant County Administrator Chron File FACILITIES USE AGREEMENT LAWNWOOD FOOTBALL STADIUM THIS AGREEMENT entered into this _ day of ,2007, between ST. LUaE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County") and the TS ACADEMY SOCCER. (the "League"). WIT N E SSE T H: For and in consideration of the mutual terms and conditions hereinafter set forth: 1. Premises/Facility . The County grants unto the League, the right to use upon the terms and conditions hereinafter set forth, the football and soccer/game fields, bleachers, press box and other related facilities at Lawnwood Football Stadium and South County Regional Stadium (the "Facility"). The League recognizes that the County has ultimate control over the Stadium operations. 2. Use and Possession of Facility. The League shall be entitled, on a non-exclusive basis, to use and occupy the facility for the purpose of providing an Adult Soccer program during the periods from May 1st through August 31st. League acknowledges that the County reserves the right to cancel League's use of the facility in the event of rain, weather, or other circumstances beyond the County's control. Any involvement of sub-contractors, sponsors or other third parties must be approved by the Recreation Coordinator. 3. I!!:m The term of this Agreement shall be for one (1) year with an option to extend the Agreement for one (1) additional one (1) year period upon written Agreement of both of the parties. 4. Termination. Either party may terminate this Agreement without cause at any time upon providing ninety (90) days prior written notice to the other party. Upon such termination, the League waives any claims for damages from the termination without cause, including, without limitation, any and all consequential claims, destruction of business, loss of profit and the like. H:\CONTRACTS\TS ACADEMY SOCCER. DOC -1- 5. Contact Person(s). The contact person for the County is the Parks and Recreation Department Recreation Coordinator or designee at (172) 462-1521. The League shall promptly provide in writing to the County the name of the appointed representative and a local telephone number. The parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Contact Persons or the authorized representative for attempted resolution or action. The Contact Persons, or authorized representative, shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 6. Licenses. Permits and Fees. The League shall be responsible for obtaining any licenses or permits required for placing signs at the facility. The League shall also be responsible for any and all fees related to the operation of their programs at the facility. $350.00 per game - Day Games $425.00 per game - Night Games $90.00 per field - Practice Games Fees shall be paid monthly by the 10th of the following month. A fee of 10'Yo will be assessed if not paid by the 10th. County reserves the right to charge for additional maintenance staff. Fees will remain fixed for one season. Fees will be adjusted to coincide with any Board of County Commissioners approved charges after the first season. 7. Insurcance. The League shall produce and keep in full force and effect at all times, Public Liability Coverage insurance, Comprehensive General Liability including contractual liability covering the indemnification provision agreement contained in this Use Agreement. Coverage shall provide a combined minimum limit of One Million and 0/100 dollars ($1,000,000.00) per occurrence/$3,000,000 aggregate for bodily injury and property damage, and a certificate of such policies of insurance and all renewals thereof shall promptly be delivered to and held by the County. The County shall be an additional insured on the League's policy of insurance. Proof of insurance must be provided to the County prior to any use of the fields by the League. 8. Indemnification. The League covenants and agrees at all times to pay on behalf of and to save, hold, and keep harmless the County, its Officials, Employees, Agents, and Volunteers and indemnify the C: \ DOCUME-l \ADMINI~l \LOCALS~l \ TEMP\ TS ACADEMY SOCCE8:.!J:D County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the performance of this Contract. The League hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. 9. Notices. Whatever in this Agreement it shall be required or permitted that notice or demand be given or served by any party to or on the other, such notice or demand shall not be deemed to have been duly given or served unless in writing and either personally delivered or forwarded by registered or certified mail, postage prepaid, to the respective addresses hereinafter set forth. Such addresses may be changed from time to time by either party by serving notice as above provided. TO THE COUNTY: WITH A COpy TO: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Parks & Recreation Director 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 TO LEAGUE(S): TS Academy Soccer Andre Ruette, President/CEO 156 N.W. Pleasant Grove Way Port St. Lucie, Florida 34986 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 10. County's Obliqations. C:\DOCUMENl \ADMININl \LOCALSNl \ TEMP \ TS ACADEMY SOCCE~~D The County agrees to provide the following services at its own expense: A. Field maintenance services, including routine field maintenance, lines, mowing and maintaining grass. Frequency of maintenance will depend on availability of staff. B. Janitorial and maintenance services for public restrooms. C. their use. Maintenance, replacement and repair of all field lights and costs associated with D. Drainage and landscaping. E. Operation and maintenance of concession stand(s). 11. LeQQUe's Obliqations. At its expense, the League on behalf of the League and its participants agree to: A. Appoint the Parks and Recreation Director or his/her duly appointed designee as an "ex officio" member of the League's Board as the County's representative. B. Provide requests for additional field maintenance in writing. C. Comply with all County rules and regulations. D. Provide adequate security. 12. Additional Maintenance or Improvements. The League shall make all requests for additional maintenance services or improvements to the facility/premises to the Recreation Coordinator. County reserves the right to charge for these services. C:\DOCUMENl \ADMININl \LOCALSNl \ TEMP \ TS ACADEMY SOCCER~D 13. Schedulit'lC) for Use of Facility/Premises. League use of the facility shall be subject to County scheduling approval. The League shall provide the Sports and Athletics Supervisor of the St. Lucie County Parks & Recreation Department or the County's contact person with a written schedule for setting forth the dates of the League's intended use of the facility at least two (2) weeks prior to that season's opening day. The schedule shall include practice times, game times, special ceremonies, and all other League events. Any change in the schedule shall be provided to the Recreation Coordinator or the county's contact person in writing as soon as the League becomes aware of the need to change the schedule. League shall use its best efforts to schedule use of the facility during the daylight hours. 14. Siems. The League shall not place any signs/banners on the fences, concession stand, or bleachers without prior County approval. Any method of advertising and its content must have prior approval by the County. All signs/banners must be removed immediately upon conclusion of game. 15. Audit. The County or any of its duly authorized representatives shall, until the expiration of three (3) years after the expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the other party involving transactions related to this Agreement. 16. Public Records. The League shall 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 them in conjunction with this Agreement. 17. Assionment. The County reserves the right to freely assign this Contract. The League, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. In addition, the League shall not have the right to assign any or all of its rights and interests under this agreement to any subsidiary or parent company, or any successor to its business through merger, consolidation, voluntary sale, or transfer of substantially all of its assets without the express written consent of the County. For purposes of this paragraph, a transfer of substantially all of its assets shall be deemed to occur when the owner(s) of more than 50% of the proprietary interest in the business entity transfer, other than between themselves, their immediate families or their heirs, such proprietary interest to another person, firm, partnership, corporation or business entity. Any attempt C:\DOCUMENl \ADMININl \LOCAL5--1 \ TEMP\ TS ACADEMY 50CCEB.,~D to effect an assignment without County's prior written consent shall be deemed a default subject to the remedies provided herein. 18. Indulc}ence Not Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any portion of this Agreement either at the time the breach or failure occurs or at any time throughout the term of th is Agreement. 19. Conflict of Interest. The League represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The League further represents that no person having any interest shall be employed for said performance. The League shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstances which may influence or appear to influence the League's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the League may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the League. The County agrees to notify the League of its opinion by certified mail within thirty (30) days of receipt of notification by the League. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the League, the County shall so state in the notification and the League shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the League under the terms of this Agreement. 20. Mediation Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. C:\DOCUMENl \ADMININl \LOCALS--l \ TEMP \ TS ACADEMY SOCCE~~D 21. Inte.".-etation; Venue. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written Agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the League has affixed his, its, or their name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUaE COUNTY BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney :},- ,- !'~-vl71T v C:\I)OCUME-ool\AI)MINI~l\LOCALS-l\TEMP\TS ACADEMY socœ~~1) AGENDA REQUEST ITEM NO: C-6C DATE: June 5, 2007 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: REPLACEMENT OF W A TER/IRRIGA TION PUMP AT MARAVILLA PARK - BUDGET AMENDMENT BA07-059 & CIP07-103 BACKGROUND: The water/irrigation pump at Maravilla Park is more 30 years old and is in dire need of replacement. Over the years, repeated repairs have been made in an effort to extend its life. At this point, it is no longer cost-effective to continue with the repairs. This pump has multiple functions; the Road and Bridge Department uses it several times a day to fill their water trucks, the Parks Division uses it for its water truck and to irrigate the park. The lowest proposal obtained is $10,928.00. To fund the purchase, the Road and Bridge Department has agreed to equally share the expense through "inter-departmental" billing. With this agenda, staff is seeking the Board's approval to replace the defective pump with a more efficient "submersible" model. FUNDS WILL BE MADE AVAILABLE IN: 001-7210-563000-700 Parks (Infrastructure) RECOMMENDATION: Staffs recommends the Board's approval ofBA07 -059 and CIP 07-103 to replace the pump at Maravilla Park in the amount of $1 0,928.00; the expense will be split equally with the Road and Bridge Department. COMMISSION ACTION: [~, APPROVED [] DENIED CONCURRENCE: [ ] OTHER: Approved 5-0 Doug derson County Administrator Originating Dept· . Coordination/Signatures County Attorney: /' r Management & Budg~~ Other: Purchasing: Admin/Finance (if applicable) C:\PARKS\AGENDAS\6-5-07 MARAVILLA PARK IRRIGATION PUMP,DOC · . Blard'll CluntvCllRlRiSSiOOIR 'arks & 18crealiel BlltarlmeRI MEMORANDUM To: Board of County Commissioners From: Parks & Tradition Field Manager, Parks and Recreation Thru: Director, Parks and Recreation Subj: REPLACEMENT OF W A TER/IRRIGA TION PUMP A T MARAVILLA PARK - BUDGET AMENDMENT BA07-059 & CIP07-103 May 18, 2007 The water/irrigation pump at Maravilla Park is more 30 years old and is in dire need of replacement. Over the years, repeated repairs have been made in an effort to extend its life. At this point, it is no longer cost-effective to continue with the repairs. This pump has multiple functions; the Road and Bridge Department uses it several times a day to fill their water trucks, the Parks Division uses it for its water truck and to irrigate the park. The lowest proposal obtained is $10,928.00. To fund the purchase, the Road and Bridge Department has agreed to equally share the expense through "inter-departmental" billing. With this agenda, staff is seeking the Board's approval to replace the defective pump with a more efficient "submersible" model. C:\PARKS\AGENDAS\6-5-07 MARAVILLA PARK IRRIGATION PUMP,DOC ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: I Maravilla Park Water/I rrigation Pump PROJECT #: 700 DEPARTMENT: I Parks and Recreation I DATE PREPARED: I 5/18/2007 DIVISION: PROJECT MGR: I G. Medor Parks TYPE OF PROJECT: NEW CONSTRUCTION: W RECOMMENDED: YES § NO § RENOVATION: APPROVED: YES NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION I JUSTIFICATION: The water/irrigation pump at Maravilla Park is more 30 years old and is in dire need of replacement. Over the years, repeated repairs have been made in an effort to extend its life. At this point, it is no longer cost-effective to continue with the repairs. This pump has multiple functions; the Road and Bridge Department uses it several times a day to fill their water trucks, the Parks Division uses it for its water truck, it also feeds the irrigation system of Maravilla Park. Staff is seeking the Board's approval to replace the defective pump with a more efficient "submersible" model. THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YESDNO IT] FUNDING USES CARRYOVER F:)'9~f98 .FY;9~;9ª·· FY!()~~9 '.:R~';9~,719. FY10~j1 FY11~t2 5~YEAR FROM FY07 NEW BUDGET Pl.AN..· Pl."AN' ' PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp OIT Bldgs 0 0 AIPP 0 0 0 0 0 0 0 0 TOTAL: 0 0 0 0 0 0 0 0 FUNDING SOURCES & AMOUNTS FYOß~07 FYD7,()B f~08~~ '.. ··f:¥".·9~f~9 Fy1!).11..··. FYt1~12 5~'(~R .. . NEW BUDGET '.. !.' ¡PLAN' pLAN ' PLAN! pLAN' TOTAL General Fund (001 ) 10,928 0 0 0 0 0 TOTAL: 10,928 0 0 0 0 0 0 OPJFRATINGINI~~ÇT j' .... .., .. .... .. ~ .', (Includes add'lpersonn$ln~e~saswellasany FY07~08 .. FY·º8.~.()~ ... FY·;()~~19 ¡::Y10.;11,. FY11-12 5·YI:.~R other operating ,needs;) BUDGET' BUDGET B\:IDGE'T BUDGET . " BUDGET TOTAL Number of New Positions Needed I I I 0 Estimated Operating Impact I I 0 REMARKS: I I CAPITAL IMP REQ # CIP07-103 I ACCOUNT #:1 001 I - I 7210 I - 563000 I - I 700 BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation PREPARED DATE: 5/22/2007 AGENDA DATE: 6/5/2007 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 001-7210-563000-700 Infrastructure $10,928 FROM: 001-7210-534000-700 Other Contractual Services $10,928 REASON FOR BUDGET AMENDMENT: To purchase a submersible water / irriqation pump at Maravilla Park. CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: BA07 -059 DOCUMENT # & INPUT BY: AGENDA REQUEST ITEM NO: C-6D DATE: June 5, 2007 REGULAR PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Debra Brisson SUBJECT: AMERICAN WITH DISABILITIES ACT (ADA) SURVEY lEV ALUA TION PERTAINING TO TRADITION FIELD STADIUM BACKGROUND: On December 12, 2006, the Board of County Commissioners awarded contract C06-12- 745 to Hennis Construction Company, Inc in the amount of$367 ,910 to complete the ADA repairs at Tradition Field Stadium. In the contract, $20,000 was approved for contingency and $15,000 for permits. The total cost of the permits paid to date is $2,632. On May 17, 2007, the contractor returned a credit of$12,368. The project is moving forward on schedule; this agenda is requesting the Board's approval to transfer the credit to the contingency line item, and increase it to $32,368. FUNDS WILL BE MADE AVAILABLE IN: 001-75201-563000-700 Tradition Field (Infrastructure) RECOMMENDATION: Staff recommends the Board's approval to transfer the credit of$12,368 from Hennis Construction Company, Inc into the contingency line item and increase it to $32,368. COMMISSION ACTION: CONCURRENCE: [~. APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do g . Anderson County Administrator County Attorney: ~tt- Coordination/Signatures Management & BUd~~ "-':;:;::""À_'~ Purchasing: Originating Dept7 Other: Admin/Finance (if applicable) C:\P ARKS\AGENDAS\6-5-07 TRADITION FIELD ADA REP AIRS,DOC Board· of CounlVCommissioners Parks & ReCrealiQn ØeDarlment MEMORANDUM To: Board of County Commissioners From: Parks & Tradition Field Manager, Parks and Recreation Thru: Director, Parks and Recreation Subj : AMERICAN WITH DISABILITIES ACT (ADA) SURVEY/EVALUATION PERTAINING TO TRADITION FIELD STADIUM May 18, 2007 On December 12, 2006, the BOCC awarded contract C06-12-745 to Hennis Construction Company, Inc in the amount of $367,910 to complete the ADA repairs at Tradition Field Stadium. In the contract, $20,000 was approved for contingency and $15,000 for pennits. The total cost of the pennits paid to date is $2,632. On May 17,2007, the contractor returned a credit of$12,368. The project is moving forward on schedule; this agenda is requesting the Board's approval to transfer the credit to the contingency line item, and increase it to $32,368. C:\PARKS\AGENDAS\6-5-07 TRADITION FIELD ADA REPAIRS,DOC ITEM NO. C-7A DATE: 6/5/2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel. Purchasing Director SUBJECT: Rejection of all Bids for ITB #07-049, Fairgrounds Office, Concession and Restroom Building Renovation BACKGROUND: Please see attached memorandum. FUNDS AVAilABLE: N/A. PREVIOUS ACTION: Please see attached memorandum. RECOMMENDATION: Staff recommends that the Board reject all Bids received for Bid #07-049 due to discrepancies in the specifications. M APPROVED ( ) OTHER ( ) DENIED COMMISSION ACTION: Approved 5-0 Dou M. Anderson County Administrator Coordination/Signatures ¡9s~~County Attorney (X) Parks & Recreation (X) Mgt. & Budget ( ) Other ( ) Purchasing (X) ~ Other ( ) Finance: (check for copy, only if applicable)_ , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: May 23,2007 RE: Rejection of all Bids for ITB #07-049, Fairgrounds Office, Concession and Restroom Building Renovation Backaround: On April 18, 2007, submittals for ITB #07-049, Fairgrounds Office, Concession and Restroom Building Renovation were opened. Five hundred sixty one (561) companies were notified, forty seven (47) bid documents were distributed, and ten (10) submittals were received (bid tabulation attached). Although the low bidder, R.K. Davis and Associates was originally declared non-responsive due to errors in that firms bid submission, since there were discrepancies in the bid specifications, staff recommends that all bids be rejected and that the project should be re-bid. Recommendation: Staff recommends that the Board reject all Bids received for Bid #07-049 due to discrepancies in the bid specifications and re-bid the project. NA/ak ~ BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M, PURCHASING DIRECTOR Bid #07-049 TABULATION SHEET FAIRGROUNDS OFFICE, CONCESSION AND RESTROOM BUILDINGS OPENED: APRIL 18, 2007 AT 3:30 P.M. AMW Construction, Inc. 2296 North US 1, Fort Pierce, FL 34946 $339,411.00 $658,829.00 Fax: (772) 467-9859 Barth Construction, Inc. 1717 Indian River Blvd, Vero Beach, FI 32960 $946,135.00 Fax: (772) 770-3017 CEM Enterprises, Inc. 1757 Benbow Court, Apopka, FL 32703 $487,800.00 $892,000.00 $1,379,800.00 Fax: (407) 884-2972 Close Construction, Inc. 301 NW 4th Avenue, Okeechobee, FL 34972 $479,178.00 $744,110.00 Fax: (863) 763-6337 Hennis Construction Company, Inc. 18500 Glades Cut-Off Road, Port S1. Lucie, FI 34987 $888,000.00 Fax: (772) 464-4114 Homecrete Homes 759 S. Federal Highway, Stuart, FL 34994 $299,576.00 $778,044.00 $1,077,620.00 Fax: (772) 873-6686 Ocean Gate General Contractors 2854 SE Federal Highway, Stuart, FL 34994 $433,000.00 $739,900.00 $1,172,900.00 Fax: (772) 283-1538 , Concession & Fairgrounds Office ' . B ·Id' B'd Restroom BUlldmg Combination / UI Ing I Bid Total Bid \ Richard K. Davis Construction Company PO Box 186, Fort Pierce, FL 34954 $317,205.00 $593,147.00 $885,969.00 Fax: (772) 465-7665 Summit Construction Management, Inc. 3200 43rd Avenue, Vero Beach, FL 32960 $1,038,584.00 Fax: (772) 794-2097 T&G Constructors 8491 NW 17th Street, Suite 110, Miami, FL 33126 $364,000.00 $621,000.00 $930,000.00 Fax: (305) 592-0559 , . Concession & Fairgrounds Office ' . B ·Id' B'd Restroom BUilding Combination / UI Ing I Bid Total Bid Number of companies notified*: 561 Number of bid documents distributed*: 47 Number of bids received: 10 *per demandstar.com