HomeMy WebLinkAboutAgenda Packet 10-21-03
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October 21. 2003
7:00 PM
,
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
WELCOME
ALL MEETINGS ARE TELEVISED.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS
PRIOR TO ENTERING THE COMMISSION CHAMBERS.
\ /
1;ÊNERAL RillES AND PROCEDURES
Attached is the agenda which ,,111 determine the order of business conducted at today's Board meeting:
CONSENT AGENDA· These items ar~ tonsidered routine and are enacted by one motion. There will be no
separate discussion of these items unless a Commissioner so requests.
REGULAR AGENDA ITEMS· Proclan1ations, Presentations, Public Hearings, and Department requests are items
which the Commission will discuss individually usually in the order listed on the agenda.
.
PUBLIC HEARINGS· These items are usually heard on the first and third Tuesdays at ì:OO 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 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible,
These time designations are intended to indicate that an item "ill not be addressed mior to the listed time.
The Chairman will open each public hearing and asks anyone "isbing to speak to come forward, one at a time.
Comments wlll 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 detalls of the Board item(2) Commissioners
comment (3) if a public hearing, the Chairman \\ill ask for public comment, (4) further discussion and action
by the Board.
ADDRESSING mE COMMISSION· Please state your name and address, speaking clearly into the microphone.
If you have backup material, please hav'e eight copies ready for distribution.
,
NON·AGENDA ITEMS· These items are presented by an individual Commissioner or staff as necessary at the
conclusion of the printed agenda.
PUBLIC COMMENT· Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM· Please be respectful of others opinion,
,
MEETINGS· All Board meetings are open to the public and are held on the first and third Tuesdays of each
month at ì:OO P.M. and on the second and fourth Tuesdays at 9:00 AM., unless othermse advertised.
Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300
Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary
to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device
is available to anyone with a hearing disabillty. Anyone with a disabillty requlring accommodation to attend
tbis meeting should contact the St. Lucie County Community Services Director at (ì72) 462·1 ì7ì or TDD (ì72)
462·1428 at least forty·eight(48) hours prior to the meeting.
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www.co.st·lucie.fl.us
John D. Bruhn
Doug Coward
Paula A. Lewis
Frannie Hutchinson
Cliff Barnes
District 1
District 2
District 3
District 4
District 5
ßOARD OF COUNTY
COMMISSIONERS
AGENDA
October 21, 2003
7:00 P.M.
INVOCATION
ELEDGE OF ALLEGIANCE
Music Provided by ..-
,
-Ñ·FK Sweet Elementary Magnet School Chorus
,
L MINUTES
\
Approve the minutes ofthe meeting held October 14, 2003.
2. PROCLAMATIONS / PRESENTATIONS
A Resolution No. 03·273 - Commending the Woman's Club of Fort Pierce on
their 90'h Anniversary.
B. Reading of the Announcements by the County Administrator
3. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
PUBLIC HEARINGS
COMMUNITY DEVELOPMENT
5A Resolution No. 03-181/ Ouasi· Judicial / consider staff recommendation to approve
the resolution granting the request of Robert C. Schwebke, through agent Harold
Melville, Esq., for a variance from the provisions of Section 6.02.02(B)(2) and (C)(I)
, (shoreline protection) to permit the construction of an access roadway lacking SO
feet of the required 50 foot shoreline setback for property located adjacent to the
Indian River Lagoon for the residential project to be know as Pelican Bay, located on
North Hutchinson Island. .
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NOTICE: All proceedings before this Board are eleclronically recorded. Any person who decides to appeal any action taken by the Board at these meetings
will need 0 record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is mode. Upon the request of any
party to the proceedings, Individuals testifying during a hearing will be swam in. Any party to the proceedings will be granted an opportunIty to cross-examine
any individual testifying during a hearing upon request. Assi$five LIstening Device Is available to anyone with a hearing disability. Anyone with a disability requ1ring
accommodation to attend this meeting should contact the Sf. Lucie County Community SefVices Director at (772) 462·1777 or TDD (772) 462·1428 at least forty·
elghf(48) hours prior to the meeting.
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REGULAR AGENDA
OCTOBER 21, 2003
PAGE TWO
PUBLIC HEARINGS (CONTINUED)
COMMUNITY DEVELOPMENT (CONTINUED)
5B. Resolution No. 03·1821 ·(this item is not a public hearing but is an administrative
review associated with the above Dublic hearina) consider staff recommendation to
approve the resolution granting the request of Robert C. Schwebke, through agent
Harold Melville, Esq., for a major site plan approval for the residential project to be -1 .
.,¿_' know as Pelican Bay, lQCated on North Hutchinson Island. ~ /1 / {
, '
C. Resolutioñ No. 03·232 /Ouasi· Judicial 1 T & T Land, Ltd. . Consider staff
¡;.¡rOrecommendation to approve the resolution granting a Change in Zoning from the
AG·1 (Agricultural - 1 d,u/acre) Zoning District to the IL (Industrial, Light) Zoning
District for property located on the east side of Kings Highway, approximately
'2,500 feet south of Angle Road.
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Resolution No. 03·233 IOuasi· Judicial 1 Gerhard Kampichler. - Consider staff
recommendation to approve the resolution granting a Change in Zoning from the
CN (Commercial, Neighborhood) Zoning District to the CG (Commercial, General)
Zoning District for property located at 1I23 North 33" Street.
5E.
Resolution No. 03·234 /Ouasi·Judicial / First Baptist Church of Fort Pierce·
Consider staff r~commendation to approve the resolution, subject to three limiting
conditions, granting a Conditional Use Permit to allow Educational Services and
Facilities in the I (Institutional) and RF (Religious Facilities) Zoning Districts for
property located at 4500 South 25th Street.
En'll of Public Hearings
6. COUNTY ATTORNEY
, Teague Property / Option Agreement 1 Authorization to Negotiate - Staff
recommends that the Board authorize staff to negotiate an option agreement with
Teague for subsequent Board approval with the purchase price based on appraisals
obtained by the County.
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REGULAR AGENDA
OCTOBER 2I, 2003
PAGE THREE
7.', ~MINISTRATION
~f' A. Request for Renewal of the Bus Bench Agreement for 3 years with
~/ ' Metropolitan Systems, Inc., to benefit the Fort Pierce Jaycees, Port St. Lucie
Jaycees, United Way, Boy's and Girl's Clubs and Big Brother's and Big Sister's
, - SJaff recommends that the Board consider the request to extend the Bus
~nch Agreement with Metropolitan Systems, Inc. for 3 years.
'\' B Request for Approval for Installation of a Chilled Water System at the
4- ThOJ;,nas ]. White Stadium.- co.nsider S~af recommendation to approve
fuñding for the new Chiller System. '
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CONSENT AGENDA
October 2 1. 2003
1. WARRANTS LIST
Approve warrants list No.5 S.
Approve warrants list NO.4.
2. COUNTY ATTORNEY
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A St. Lucie County Sports Complex / Joinder in Agreement between Sterling
Facility Services, LLC (SFS) and Rodda Construction, Inc. (Rodda) - Staff
recommends that the Board approve the joinder and authorize the
Chairman to sign the Joinder.
B.
Art in Public Places Program / St. Lucie Marine Center Project - Staff
recommends that the Board declare the September I9, 2003 Agreement for
ArtjsJ Services v"ith Patrick Cochran and Ginny Piech Street and the October
7, 2003 Assignment of the Agreement to Shadetree Studios null and void.
Staff further recoI)1mends that the Board approve the proposed Agreement
for Artist Services with Shadetree Studios, and authorize the Chairman to
execute the Agreement.
c.
Air·Charter of Florida, Inc. / Consent to Proposed Ground Sublease with Ari·
Ben Aviator, Inc. - Consider staffrecommendation to approve the proposed
Ground Sublease.
D.
Equipment Request No. 04·211 / Budget Amendment No. 04·106 - Consider
staff recommendation to approve the equipment request and budget
amendment for the purchase of a movable filing system.
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Lakewood Park Stormwater Permit Modification - Consider staff
recommendation.!o approve Work Authorization NO.4 in the amount of
$19,900 with Hazen & Sawyer Engineers & Scientists, Inc. for the Lakewood
Park Permit ModificaÙon, and authorize the Chairman to sign the contract.
Request of Anchor Bay Development, Inc. for an exemption from the
requirements of Section I1.02.09 (A)(S), St. Lucie County Land Development
Code, to prepare an Environmental Impact Report for the project to be
known as Ocean Bay Villas - Staff recommends that the request for
exemption be approved and that no environmental impact report be
required for this project.
c.
Sod Installation / Orange Avenue from Header Canal to County Line -
Consider staff recommendation to approve an amendment to Work
Authorization NO.8 with Nature's Keeper, Inc. to increase the amount to
$34,004.40, extend the completion time to October 3I, 2003 and authorize
the Chairman to sign the Work Authorization.
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CONSENT AGENDA
OCTOBER 21, 2003
PAGE TWO
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4. COMMUNITY DEVELOPMENT
A Resolution No. 03-236 / Rinker Materials Corporation - Consider staff
recommendation to approve the resolution, subject to the cited conditions
contained therein, granting approval for a Major Adjustment to an e.xisting
Major Site Plan to allow the construction of an additional 25,835 square feet
of industrial space at the existing Rinker Concrete Plant for property located
in the IH (Industrial Heavy) Zoning District.
B.
Tourism / Simple Success Marketing Invoices - Consider staff
recommendation to approve payment of the invoices for the month of
September 2003--in the amount of $9,634.22.
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, .
C. TOÜrist Development Council / Agreement with Simple Success Marketing,
Inc. for Advertisipg Services - Consider Tourist Development Council and
staff recommendation to approve the second year extension and authorize
the Chairman to sign the agreement upon receipt of the signed originals
from Simple Success Marketing, Inc.
esolution No. 03-237/ Ocean Bay Villas - Consider staff recommendation
approve the resolution granting approval for' a Major Site Plan to be
'own as Ocean Bay Villas within the HIRD (Hutchinson Island Residential
istrict) Zoning District.
Resolution No. 03·235 / Las Palmas Subdivision - Consider staff
recommendation to approve the resolution, subject to the cited conditions
contained therein, granting approval for a Major Site Plan to be known as Las
Palmas Subdivision.
5. CENTRAL SERVICES
Reallocation of Funds / Budget Amendment No. 04-105 / Equipment Request No.
04-209 - Consider staff recommendation to approve the budget amendment and
equipment request to reallocate funds in the amount of $600 for the purchase of an
ice machine at a cost of $2,376.
6.
ADMINISTRATION
,
Art in Public Places Committee Appointment - Consider staff recommendation to
ratify Commissioner Coward's appointment of Bill Ward to the committee as a
replacement for Jon Ward, who is no longer eligible to serve as a committee.
member.
7.
INVESTMENT FOR THE FUTURE
St. Lucie County Parking Garage Expansion Project - Consider staff
recommendation to approve the use of $7,500 Central Services Project Reserves to
enter into a contract with Reynolds, Smith and Hills, Inc. for Structural Engineering
Analysis Services, and authorize the Chairman to sign the contract.
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St. Lucie County Board of County Commissioners
Announcements
October 21, 2003
A
There will be a Public Hearing on October 28, 2003 at 1:00 pm in the Commission
Chambers regarding Treasure Coast Tractor Services, Inc. / Treasure Coast Land
Clearing.
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Meeting Changes for November, 2003 .
o The November 4, 2003 Board of County Commissioners meeting will begin at
6:00 pm.
° The Board of Coup:ty Commissioners meeting for November 1I, 2003 will be
cancelled, due to the holiday.
(> The November 18, 2003 Board of County Commissioners meeting will be
changed to 9:00 am for the annual reorganization.
o. The November 25, 2003 Board of County Commissioners meeting will be
changed to 7:00 pm.
c.
The Board of County Commissioners will hold a workshop on November I2, 2003 at
2:00 pm in Conference Room 3 to discuss Airport Issues and Fixed Based Operator
Development at the Airport.
The Board of County Commissioners, the City of Fort Pierce and FPUA will hold a
joint Conflict Resolution meeting on November 24, 2003 at 9:00 am in the
Commission Chambers.
D.
The Board of County Comìnissioners will hold a workshop on November 24, 2003 at
2:00 PJ11 in Conference Room 3 to discuss Lakewood Park Stormwater Issues.
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The Annual UDT Seal Muster will be held on November 8, 2003 at II :00 am at the
UDT Seal Museum on North Hutchinson Island.
The Annual "Party in the Park" will be held on November 8, 2003 from IO:OO am
until 4:00 pm at Fort Pierce Inlet State Park. This event is sponsored by the
, Conservation Alliance of St. Lucie County, the Savannas Reserve Endowment and
the Fort Pierce Inlet State Park. The theme this year is "Awareness - Education _
Protection"
The United States Navy Band Unit "Country Current", a five member string
ensemble will perform a free concert on November 15,2003 at 3:00 pm at the Astor
Summerlin Parking Lot adjacent to the Historical Museum. Free Shuttle
Transportation will be provided from Lawnwood Sports Complex to the Concert
from 2:00 pm to 6:00 pm.
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October 21. 2003
7:00 PM
:BOARD OF COUNTY COMM1SSIONERS
MEETING AGENDA
i'
i
WELCOME
ALL MEETINGS ARE TELEVISED.
PLEASE TURN OFF ALL CELL PHONES AND PAGERS
PRIOR TO ENTERING THE COMMISSION CHAMBERS.
.,,¡.;, ;
"ÎENERAL RULES AÑD PROCEDURES
Attached is the agenda which ,,1ll dete~,mine the order of business conducted at today's Board meeting:
/CONSENT AGENDA· These items ar~i'onsidered routine and are enacted by one motion. There will be no
separate discussion of these items unless a Commissioner so requests,
REGULAR AGENDA ITEMS· Proclamations, Presentations, Public Hearings, and Department requests are items
which the,Cori\mission will !þ.scus,s indi\idually usually in the order listed on the agenda.
,
PUBLIC HEARINGS· These items are usually heard on the first and third Tuesdays at ì:OO 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 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible.
These time designations are intended to indicate that an item will not be addressed mior to the listed time.
The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time,
Comments will be limited to five minutes.
As a general rule, when issues are scheduled before the Commission under department request or public
hearing, the order of presentation is: (I) County-staff presents the details of the Board item (2) Commissioners
comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action
by the Board,
ADDRESSING THE COMMISSION· Please state your name and address, speaking clearly into the microphone.
If you have backup material, please hav'e eight copies ready for distribution,
,
NON.AGENDA ITEMS· These items are presented by an individual Commissioner or staff as necessary at the
conclusion of the printed agenda.
PUBLIC COMMENT· Time is allotted at the beginning of each meeting for general public comment. Please limit
comments to five minutes.
DECORUM· Pleáse be respectful of others opinion.
,
MEETINGS. All Board meetings are open to the public and are held on the first and third Tuesdays of each
month at ì:OO P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised.
Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300
Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary
to accomplish their goals and commitments. Notice is provided of these workshops. Assistive LIstening Device
is available to anyone "ith a hearing disability. Anyone with a disabillty requiring accommodation to attend
this meeting'should contact the St. Lude County Community Services Director at (ìì2) 462·1 ììì or roD (ìì2)
462.1428 at least forty·eight(48) hours prior to the meeting.
"
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m,~.tp.st'luCie.fLUS
John D. Bruhn
Doug Coward
Paula A. Lewis
Frannie Hutchinson
Cliff Barnes
District 1
District 2
District 3
District 4
District 5
ßOARD OF COUNTY
COMMISSIONERS
AGENDA
October 21, 2003
7:00 P.M.
®G-r~t
IN,VOCA TION
BLEDGE OF ALLEGIANCE
..,¡:.1usic Provided by /'
...¡:.¡X Sweet Elementàry Magnet School Chorus
- , .
1.
MINUTES
'f
f
\
Äpprove the minutes onhe meeting held October 14, 2003.
R1J¡JrO! .¿dl4..v )
2. PROC'LAMATIONS I PRESENTATIONS
, ,
A
Resolution No. 03-273 - Commending thI Woman's qub of Fort Pierce on
their 90'h Anniversary. A-pPøJ.eQ C tf-o )
Reading of the Announcements by the County Administrator
B.
3.
GENERAL PUBLICCOMMENT
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A{)Prov,ªdCf~o)
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4,
ÞUBLIC HEARINGS
COMMUNITY DEVELOPMENT
SA Resolution No. 03-181/ Quasi· Tudicial / consider staffrecommendation to approve
the'resolution granting the request of Robert C. Schwebke. through agent Harold
Melville, Esq.. for a variance from the provisions of Section 6.02.02(B)(2) and (C)(l)
, '(shoreline protection) to permit the construction of an access roadway lacking 50
feet of the required 50 foot shoreline setback for property located adjacent to the
Indian River Lagoon for the residential project to be know as Pelican Bay, IQcated on
North Hutchinson Island. =ÁP-QW.sf- -ø CC'J111-L()L~ {Ln,f¡ L
rt!+/O:3 e Corm
Ifpíl Ò'Jl{Jq (tf~ 0 )
NOTICE: All proceedings before this Board ore electronically recorded. Any person who decides 10 appeal cny action taken by the Boord at these meetings
will need 0 record of the proceedings cnd for such purpose mey need to ensure that Q 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 an opportunity to cross-examine
any Individual testifying during a hearing upon request. Assistive Ustening Device Is availabre to anyone with a hearing disability. Anyone with a disability requIring
accommodation to attend this meeling should contact the SI. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least torty-
elghl(4ð) hours prior to the meeting.
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REGULAR AGENDA
OCTOBER 21, 2003
PAGE 1,WO
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PUBUC HEARINGS (CONTINUED)
COMMUNITY DEVELOPMENT (CONTINUED)
5B.
Resolution'No. 03·1821 *(this item is not a DubUc hearim;¡ but is an administrative
review associated with the above Dub/it hearinc¡) consider staff recommendation to
approve the resolution granting the request of Robert C. Schwebke, through agent
Harold Melville, Esq., for a major site plan approval for the residential project to be
know as Pelican Bay, located on orth Hq¡clµnson Island. ~lli.lf1D CcJ/lMu...¿ 1zJ
- ~ : p(ò~(J lf~O {l7if~wp-m
Resolutioñ No. 03·232 1 uasi· udicial 1 T & T Land, Ltd. - Consider staff
recommendation to app~ove the resolution granting a Change in Zoning from the
AG·1 (Agricultural - 1 au/acre) Zoning District to the IL (Industrial, Light) Zoning
District for property loèated on the east side of Kings Highway, approximately
"2,5~Ofeet south of Angle Road. frrJpro¡JIQd 4-0
Resolution No.'03·233 IOuasi· Tudicial 1 Gerhard Kampichler. . Consider staff
recommendation to approve the resolution granting a Change in Zoning from the
CN (Commercìal, Neighborhood) Zoning District to the CG (Commercial, General)
Zoning District for property located at 1123 N~th 33'd)treet, _.1 '
mw& - I Co I.OdJu ,1')0
Resolution No. 03-234 Jd;Rfl. Tudicial ¡"Firs ~aPtis Church of Fort Pierce
Consider staff r~commendation to approve thè resolution, subject to three limiting
conditions, granting a Conditional Use Permit to allow Educational Services and
Facilities in the I (Institutional>' and RF (Religious Facilities) Zoning Districts for
property located at 4500 South 25'h Street.
- "AOpro\¡~ (4~O)
En'd ~f ÞUblic Hearings
5E.
6.
CÓUNTY ATTORNEY
;
~ Teague Property ¡ Option Agreement ¡ Authorization to Negotiate - Staff
recommends that the Board authorize staff to negotiate an option agreement with
Teague for subsequent Board a~val wit~ ~1 purchase\,ice based on appraisals
obtained by the County. (I J J(è)I'E'k:{ l if-Q )
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REGULAR AGENDA
OCTOBER 21, 2003
P~GE THREE
.!1
7. "" ADMINISTRA nON
A
Request for Renewal of the Bus Bench Agreement for 3 years with
Metropolitan Systems, Inc., to benefit the Fort Pierce Jaycees, Port St. Lucie
J lees, United Way, Boy's and,Girl's Clubs and Big Brother's and Big Sister's L,
ff recommends that the Bpard consider the request to extend the B1l[" tj fìJ
ch Agreeme ,}t with Metrop9µt~Sy~e~,s,¿¡:c. f9y ~ears.___ ~I WI-.\) ¡)I) I...lµJ)l~
~~JNc+51l<-~lü 0.(("-1'I~" \\tqCJ\IM~<'-r
Request for A¡wroval for Installation of a Chilled Water System at the
Tho'\,nas ]. White Stadium - Consider staff recommendation to approve
fuñdjngfO'~¢;oC;S(;o) ~f~~c'£'ip
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CONSENT AGENDA
October 21. 2003
1. WARRANTS LIST
Approve warrants list No. 55.
Approve warrants list No.4.
2. ,. COUNTY ATTORNEY
I;'
A St. Lucie County Sports Complex / Joinder in Agreement between Sterling
Fac4ity Services, LLC (SFS) and Rodda Construction, Inc. (Rodda) - Staff
recommends that the Board, approve the Joinder and authorize the
Chairman to sign the joinder. .'
B.
Art in Public Places Program / St. Lucie Marine Center Project - Staff
recommends that the Board declare the September 19, 2003 Agreement for
Artj5.t Services with Patrick Cochran and Ginny Piech Street and the October
7, 2003 Assignm~nt of the Agreement to Shadetree Studios null and void.
Staff further recqinrriends that the Board approve the proposed Agreement
for Artist Servicœ with Shadetree Studios, and authorize the Chairman to
execute the Agreement.
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C. Air·Chaner of Florida, Inc. / Consent to Proposed Ground Sublease with Ari·
Ben Aviator, Inc. - Consider staff recommendation. to approve the proposed
Grounq Sublease.
D. Equipment Request No. 04·211 / Budget Amendment No. 04-106 - Consider
staff recommendation to approve the equipment request and budget
amendm!='nt for the purchase of a rríovqble filing system.
3.
PUBLIC WORKS .' . Q' {'J
LI"CVuAttm('(i.uìC/ -fo ~útdv .r¿;rI-of./'o õl~
Lakewood Park Stormwater Permit Modification - Consider staff
recommendatio :!o approve Work Authorization NO.4 in the amount of
$19,900 with Hazen & Sawyer Engineers & Scientists, Inc. for the Lakewood
Park Permit Modification, and authorize the Chairman to sign the contract.
Request of Anchor Bay Development, Inc. for an exemption from the
requirements of Section 11.02.09 (A)(5), St. Lucie County Land Development
ode, to prepare an Environmental Impact Report for the project to be
own as Ocean Bay Villas - Staff recommends that the request for
exemption be approved and that no environmental impact report be
required for this project.
C. Sod Installation / Orange Avenue from Header Canal to County Une -
Consider staff recommendation to approve an amendment to Work
Authorization No.8 with Nature's Keeper, Inc. to increase the amount to
$34,004.40, extend the completion time to October 31,2003 and authorize
the Chairman to sign the Work Authorization.
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CONSENT AGENDA
OCTOBER 21, 2003
PAGE TWO
4. COMMUNITY DEVELOPMENT
Tourism / Simple Success' Marketing Invoices - Consider staff
recommendation, to approve payment of the invoices for the month of
September 200:Yin the amount of $9,634.22.
,
, .
TOÜrist Development Council / Agreement with Simple Success Marketing,
Inc. for AdvertisiIf& Services - Consider Tourist Development Council and
staff recommendãtion to approve the second year extension and authorize
the Chairman to sign the agreement upon receipt of the signed originals
'from Simple SuccesS Marketing, Ine.
,
ß}. Resolutio'D. N~, '.'03·237 /0 cean Bay Villas - Consider staff recommendation
, to app~ove the resolution granting approval for' a Major Site Plan to be
·n known as Ocean Bay Villas within the BIRD AHrchinson Island Residential
~~~~istrict) Zoning District. Rpp ro~ ä L{- 0 )
~ E. Resoluti0!1 No. 03·235 / Las PaIm'!s .subdivision - Consider staff
recommendation to approve the resolution, subject to the cited conditions
contained therein, grantÜig approval for a Major Site Plan to be known as Las
Palmas Subdivision.
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"5.
A
Resolution No. 03-236 / Rinker Materials Corporation - Consider staff
recommendation to approve the resolution, subject to the cited conditions
contained therein, granting approval for a Major Adjustment to an existing
Major Site Plan to allow the construction of an additional 25,835 square feet
of industrial space at the existing Rinker Concrete Plant for property located
in the IH (Industrial Heavy) Zoning District.
B.
c.
CENTRAL SERVICES
"
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Reallocation of Funds / Budget Amendment No. 04-105 / Equipment Request No.
04·209 - Consider staff recommendation to approve the budget amendment and
equipment request to reallocate funds in the amount of $600 for the purchase of an
ice machine at a cost of $2,376.
,
6. ADÌ\llNISTRATION
Art in Public Places Committee Appointment - Consider staff recommendation to
ratify Commissioner Coward's appointment of Bill Ward to the committee as a
replacement for Jon Ward, who is no longer eligible to serve as a committee
member.
7. INVESTMENT FOR THE FUTURE
St. Lucie County Parking Garage Expansion Project - Consider staff
recommendation to approve the use of $7,500 Central Services Project Reserves to
enter into a contract with Reynolds, Smith and Hills, Inc. for Structural Engineering
Analysis Services, and authorize the Chairman to sign the contract.
;.
"'-
'V
St. Lucie County Board of County Commissioners
."
,I'
Announcements
October 21, 2003
A.
Therè will be a Public Hearing on October 28, 2003 at 1:00 pm in the Commission
Chambers regarding Treasure Coast Tractor Services, Ine. / Treasure Coast Land
Clearing.
,
,
,
,
.,,¡..:
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...,n..
-\-.v.
..-
Meeting Chànges for November, 2003 ..
<> Thè November 4, 2003 Board of County Commissioners meeting will begin at
6:00 pm. /. '
<> The Board of CouÞ'ty Commissioners meeting for November ii, 2003 will be
cancelled, due to the holiday.
<> 'The November 18, 2003 Board of County Commissioners meeting will be
, changed to 9:00 am for the annual reorganization.
'. ,
0" The November 25, 2003 Board of County Commissioners meeting will be
changed to 7:00 pm.
C. The Board of County Commissioners will hold a workshop on November 12, 2003 at
2:00 pm in Conference Room 3 to discuss Airport Issues and Fixed Based Operator
Development at the Airport. .- .
,.
D. The Board of COlmty Commissioners, the City of Fort Pierce and FPUA will hold a
joint Conflict Resolution meetlng on November 24, 2003 at 9:00 am in the
Commission Chambers.
E The Board of County CoIÍìmissioners will hold a workshop on November 24,2003 at
2:00 pm in Conference Room 3 to discuss Lakewood Park Stormwater Issues.
F. The Annual UDT Seal Muster will be held on November 8, 2003 at 11:00 am at the
UDT Seal Museum on North Hutchinson Island.
G. The Annual "Party in the Park" will be held on November 8, 2003 from IO:OO am
, until /4:00 pm at Fort Pierce Inlet State Park. This event is sponsored by the
> Conservation Alliance of St. Lucie County, the Savannas Reserve Endowment and
the Fort Pierce Inlet State Park. The theme this year is "Awareness - Education -
Protection"
H. The United States Navy Band Unit "Country Current", a five member string
ensemble will perform a free concert on November 15, 2003 at 3:00 pm at the Astor
Summerlin Parking Lot adjacent to the Historical Museum. Free Shuttle
Transportation will be provided from Lawnwood Sports Complex to the Concert
from 2:00 pm to 6:00 pm.
..,.,
~~rks and Recreati"m
BOARD OF COUNTY COMMISSIONERS
ADDITIONS AGENDA
October 2 I, 2003
CONSENT AGENDA
...",¡
~
C-A. I Request for approval to serve 'alcohol at Indrio School House Facility/Park - Consider
staff recommendation to 'approve the request of Teamsters Local #769 to serve alcohol
.~t Indrio School House Facility/Park on October 25, 2003.
~
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BOARD OF COUN1Y COMMISSIONERS
ADDITIONS AGENDA
October 21. 2003
CONSENT AGENDA
~~rks and RecreatiQn
C-A 1 Request for approval to serve 'alcohol at Indrio School House Facility/Park - Consider
staff recommendation to ~pprove the request of Teamsters Local #769 to serve alcohol
~t Indrio School House Facility/Park on October 25,2003.
"
~'
.......
....,¡
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: October 14,2003
Tape: 1-2
Convened: 9:00 a.m.
Adjourned: 10:50 a.m.
Commissioners Present: Chainnan, CliffBames, Frannie Hutchinson, Paula A. Lewis,
John D. Bruhn, Doug Coward
Others Present: Doug Anderson, County Administrator, Ray Waw.y, Asst. County
Administrator, Dan Mcintyre, County Attorney, Paul Phillips, Airport Director, Marie
Gouin, Managemen/Budget Director, Don West, Public Works Director, Bill Blazak,
Utilities Director, Roger Shinn, Central Services Director, Jim David, Mosquito Control
Director, Beth Ryder, Community Services Director, Gayla Barwick Tourism Manager,
Millie Delgado-Feliciano, Deputy Clerk
1. MINUTES (1-027)
It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the
meeting held October 7,2003; and, upon roll call, motion carried unanimously,
It was moved by Com. Bruhn, seconded by Com. Coward, to approve the minutes of the
Final Public Hearing revised held on October 7, 2003; and, upon roll call, motion carried
unanimously.
2. PROCLAMATIONSIPRESENTATIONS
A.
The County Administrator announced the EmpIoyee of the 4th Quarter,
Jodi Bonet, Grant Writer for St. Lucie County.
"
ß. Mr. Bud Boudrcaux, FPUA addresscd the Board regarding Bulk
LJtility Purchase Agrecment with Port Sl. Lucie. I·Ie asked the County
not go to the city of Port St. Lucie or Indian River County for
wholesale services of bulk water. He asked the Board defer from
entering into any further agreements with the other two entities since
FPU A has the capacity and they are continuing to negotiate the
annexation issues.
The Utilities Director advised the Board that this was a window to build a new facility
.
due to the growth and that the county presently has existing capacity agreements with
both entities.
The County Administrator advised the Board that they have requested bulk water from
the city of Ft. Pierce and FPUA. The City advised him they would not offer the county
bulk water due to it being tied to the annexation issue.
C. The County Administrator read upcoming events and scheduled
meeting changes.
3, GENERAL PUBLIC COMMENTS (1-100)
Mr. Richard Allison, Jackson Way resident, and member ofthe North Beach
Homeowners Association, addressed the Board regarding the Community Pride Program
and obtaining a grant in the amount of $3,000. He advised the Board they were told they
did not qualify for the grant.
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Mr. Randy Stevenson, Asst. Community Development Director addressed the program
and what is currently being funded.
Mr. Charles Grande, Hutchinson Island resident, addressed the Board on the presentation
given by FPUA and commented on what felt was a forced annexation agreements by the
FPUA. He stated "Homeowners should be held responsible for an agreement the
developer signed". He also commented on the Fire and EMS Funding which he felt
should not be taken for such proj ects as the Sunrise Theater or Harbor Isle.
Mr. Paul Scholl, real estate agent, addressed the Board in opposition to the real estate
transfer tax on existing homes being sold.
4. CONSENT AGENDA (I -Ill 9)
It was moved by Com. Coward, seconded by Com. Hutchinson, to approve the Consent
Agenda with item CA-l pulled for a separate vote, but to include Addition CA-2; and,
upon roll call, motion carried unanimously.
1. WARRANT LIST
The Sonrd approved Warrant List Nos. 54, 2 and 3.
2. ADMINISTRATJON
Dori Slosberg Mini-Grant Awards- The Board approved awarding grant funds as
follows: $10,000 Ft. Pierce Central High School, $10,000 St. Lucie West Centennial
High School, $10,000 St. Lucie County School Board. The Board also approved the
County Attorney's office drawing up the appropriate contracts for the ChaÍIman's
signature.
3. PUBLIC WORKS
"
A. Roadway and Intersection Design at Edwards Road & Selvitz
Road/Property Boundary Survey- The Board approved Work
Authorization No. 12 with Kimley -Horn Associates, Inc ., in the
amount of$3,550 and authorized the Chairman to sign the work
authorization.
B. RFP No. 03-082/Continuing Services Contract for Professional
Engineering Service for Geotechnical Engineering and Construction
Material Testing- The Board approved the shortlist: 1. DE & T, 2.
Ardaman & Assoc; 3. PSI and 4. GFA granted permission to negotiate
with the top three firms listed above and authorized the Chainnan to
sign the contracts as prepared by the County Attorney.
C.
Non-Exclusive Commercial Solid Waste and Recyclable Material
Collection Service Agreements- The Board approved the agreements
for Action Trucking, Anytime Waste Services, Inc., Choice Sanitation,
Eagle Sanitation, Florida Recycling Services, Inc., Freedom Waste,
Magic Site Service, Nettles Island; Ocean Resort Co-Op, Road Runner
Travel Resort, Treasure Coast Recycling, Republic Services of Florida
d/b/a Treasure Coast Refuse Corp; Waste Management Inc., of Florida,
Waste Pro of Florida, Inc., and Wynne Development Corp. and
authorized the Chairman to execute the agreements.
D.
Liccnse Agreement with Florida East Coast Railway for the South 25th
St. Grade Crossing- The Board approved the License Agreement in the
Amount of$462,484 and authorized thc Chairman to sign the
agrecmcnt.
2
10/OB/03
FZABWARR
FUND
001
001137
001139
001148
001149
001152
001274
001281
001809
101
101002
101003
101006
102
102001
102105
105
107.
107001
107002
107003
:-"',~
140
140125
140325
160
1B3
IB3001
IB3.o04
IB4203
185003
lB5004
310002
316
3111001
316201
401
418
421
441
448
449
451
458
461
471
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" _.~.......-
ST. LUCIE COUNTY - BOARD
WARRANT LIST #54- 01-OCT-2003 TO 08-0CT-2003
FUND SUMMARY
TITLE
EXPENSES
General Fund
Zora Neala Hurston Dust Tracks Heri'
FHA Transportation for 21st Century
CSBG Grant FY03
Section 112/MPO/FHWA/Planning 2004
Urban Mobile Irrigation Lab 02/03,
FDCA Emer Mgmt Prep & Assis FY03
FL Fishing & Boating Heritage '
SFWMD-Floridian Aquifer Well 01/04
Transportation Trust Fund
Transportation Trust/BOt Constitut
Transportation Trust/Local Option
Transportatioµ Trust/Impa~t Fees
Unincorporated Services Fund
Drainage Maintenance MSTU
FDOT Bicycle/Pedestrian Coordinator
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
Paradise Park,Fund
Indian River Estates Fund
Port & Airoort Fund
FAA Noise Compatibility Study Updat '
Conduct Part 150 Study
Plan Maintenance RAD Fund
Ct Adminis~rator-19th Judicia1Cir
Ct Adminis~rator-Arbitration/Mediat
Ct Admin. - Teen Court
Ft. Pierce Beach Restoration
FHFA SHIP FY02/03
FHFA SHIP FY03/04
Impact Fees-Parks
County Capital
Transportation Capital
FDEP/FRDAP Savanna Rec Phase II
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
NHI Uti I-Renewal & Replacement Fund
NHI Ut,il - Capital Faciliti~s Fund
S. Hutchinson Utilities Fund'
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
217,967.15
,,10,256.40
0.00
3,810.03
49.02
135.03
1,478.02
4,000.00
26.59
69,686.79
9,155.00
87.50
90,362.84
22,510.31
52,433.68
0.00
676.94
163,295.86
3,475.07
0.00
1,377.43
63,7.78
903.B5
16,376.Bl
5,2B9.16
5B7.6B
957.70
2,075.66
43.59
166.67
14,210.03
51.00
0.00
758.00
47,209.01
656.25
12,485.56
34,473.86
13,638.38
20.80
793.24
0.00
0.00
943.96
0.00
9,786.69
2,272.40
0.00
, Hi·;'
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PAGE
1
PAYROLL
343,856.93
628.85
, 342.72 '
0.00
4,481.52
857.36
0.00
659,91
857.36
83,201.86
0.00
0.00
0.00
32,553.20
2,749.77
928.48
1,727.60
63,227,23
597.80
597.80
0.00
0:00
0.00
6,929.41
0.00
0.00
1,812.16
3,241.67
800.29
1,925.43
0.00
0.0'0
1,858.08
0.00
0.00
0.00
0.00
27,740.14
14,994.50
157.79
1,928.91
197.84
238.53
1,070.e"1
195.03
7,205,18
, 2,198.99
165.92
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10/08/03
FZABWARR
ST. LUCIE COUNTY - BOARD
WARRANT LIST #54- 01:"OCT-2003 TO 08-0CT-2003
, FUND SUMMARY
PAGE
2
FUND TITLE EXPENSES PAYROLL
479 No Cty Util Dist-Capital Facilities' 0.00 265.18
481 Airport" Utilities ,District,' 0.00 136.80
489 Airport Util - Capital Fac Fund, 0.00 157.15
491 Building Code Fund 1,347.04 26,620.41
505 Health Insurance Fund 319.96 2,077.60
505001 Property/Casualty Insurance Fund 0.00 1,332.24
611 Tourist Development Trust-Adv Fund 38.65 4,196.63
625 Law Library 308.75 0.00
GRAND TOTAL: 817,136.14 644,715.08
Q
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10/03/03
FZABWARR
FUND
001
101
107
505
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ST. LUCIE COUNTY - BOARD
.-,
WARRANT LIST # 2- 02-0CT-2003 TO 03-0CT-2003
FUND SUMMARY
TITLE
General Fund
'1'ransportation Trust Fund
Fine & Forfeiture Fund'
Health Insurance Fund
,
,
GRAND TOTAL:
I'
':i,,;,
: ,~
EXPENSES
993.20
1,193.00
264.00
122.31
2,572.51
j
PAGE
1
PAYROLL
0.00
0.00
0.00
0.00
0.00
"
"
10/10/03
FZABWARR
,
FUND
001
001137
001139
001149
001152
001158,
001281
001809
101
101006
102
1.02001
102105
102107
103
105
107
107001
107.002
107003
111
;1....,
114
115
116
117
118
119
120
121 '.
122
123
126
136
13,8
139
140
160
183
183001
183004
185003
185004
205
242
2f!2
-
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ST. LUCIE COUNTY -BOARD
WARRANT LIST # 3- 04~OCT-2003 TO 10-0CT-2003
FUND SUMMARY
TITLE
General Fund
Zora Neala Hurston Dust 'Tracks Heri'
FHA Transportation for 21st Century ,
Section 112/MPO/FHWA/Planning 2004 ,
Urban Mobile Irrigation Lab 02/03
Urban Mobile Irrigation Lab 03/04
FL Fishing & Boating Heritage
SFWMD-Floridian Aquifer Well 01/04
Transportation Trust Fund
Transportation Trust/Impact Fees
Unincorporated Services Fund
Drainage Maintenance MSTU ,
FDOT Bicycle/Pedestrian Coordinator
FDOT Bicycle/Ped. Coordinator 03/04
Law Enforcement MSTU
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund~Wireless Sur
Fine & Forfeiture Fund-E911 Surchar'
Fine & Forfeiture Fund-aOO MhzOper
River Park I Fund
River Park II Fund
Harmony Heights 3 Fund
Harmony ,Heights 4 Fund
Sheraton Plaza Fund
Sunland Gardens Fund
Sunrise Park Fund
Paradise Park Fund
Holiday Pines Fund
The Grove Fund
Blakely Subdivision Fund
Indian River Estates Fund
Queens Cove Lighting Dist#13 Fund
Southern Oak Estates Lighting
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Palm Grove Fund
Port & Airport Fund
plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
FHFA SHIP FY02/03
FHFA SHIP FY03/04
Beach Bond I&S Fund
Port I&S Fund
Environmental Land I&S Fund
Sanitary Landfill Fund
EXPENSES
718,522,32
46.76
26.22
496.70
63.74
28.14
48.50
94.54
10,293.31
24,000.00
14,787.43
8,653.24
70.10
30.94
6,270.06
177.13
190,158.12
65.53
65.55
1,816.44
142.49
27.40
10.66
25.73
17.29
25.13
6.54
39.90
36.24
9.13
4,23
45.14
13.54
6.02
63.86
6.47
36.26
1,578.85
843.61
359.00
82.92
204.12
38.15-
241. 22
3,661.07
1,127.61
6,793.81
2,973.81
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PAGE
1
PAYROLL
152,615.93
0.00
0.00
2,133.88
0.00
378.46
0.00
378.46
36,389.18
0.00
22,779.67
1,211.74
0.00
409.86
0.00
762.97
24,250.74
263.88
263.89
0.00
0.00
0.00
0.00
0.00
0.00
0,00
0.00
0.00
0,00
0.00
0.0.0
0.00'
0.00
0.00
,0.00
0.00
0.00
3,051.26
799.92
1,516.11
351.55
906.04
0.00.
820.21
0.00
0.00
0.00
12,866.11
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10/10/03
F7.ABWARR
FUND
4,18
421
441
448
449
451
458
461
471
478
479
4ß1
489
491
505
505001
611
630.
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ST. LUCIE COUNTY - BOARD
WARRANT LIST if 3- 04-0CT-2003 TO 10-0CT-2003
FUND SUMMARY
TITLE
EXPENSES
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
NHI Util-Renewal & Replacement Fund
NHI Util - Capital Facilities Fùnd
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
"No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Airport Utilities District '
Airport Util - Capital Fac Fund
Building Code Fund
Health Insurance Fund ¡ .
property/Casualty Insurance Fund
Tourist Development Trust-Adv Fund
Tax Deed Overbid Agency Fund'
GRAND TOTAL:
1,600.63
16.78
204.98
21.10
25.44
144.39
20.78
1,085.39
520.61
17.68
28.16
14.58
16.75
2,836.36
217.31
140.08
424.24
2,774.08
1,004,168.01
"
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PAGE
2
PAYROLL
6,799.91
69.59
858.51
87.32
105.29
251.16 '
86.10
3,033.95
1,021. 74
73.24
117.07
60.38
69.36
12,072 .19
917.09
588.09
1,836.72
0.00
290,197.57
,
.
,
I
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E. Equipment Request 04-208/Budget Amendment 04-104- The
Board approved the purchase of additional equipment for the
Existing data logging sound Ievelmeter to measure the vibration
Readings.
4. COUNTY ATTORNEY
A. South 25th St. Widening Project Midway Road to Edwards Road/Sunrise
Tabernacle Church Temporary and Pennanent Easement- The Board
approved accepting the donations of the easements, authorized the Chainnan
to direct staff to close the transaction and record the documents in the Public
Records ofSl. Lucic County, Florida.
B. South 25th Sl. Widening Project (Midway Road to Edwards Road) Palm Lake
Gardens Owners Association, Inc., Temporary Easement- The Board
approved the purchase agreement in the amount of $170, authorized the
Chainnan to execute the Purchase Agreement, and directed staffto close the
transaction and record the documents in the Public Records of St. Lucie
County, Florida.
'.
C. South 25th St. Widening Project (Midway Road to Edwards Road/ Shadle
Temporary Easement- The Board approved the Purchase Agreement in the
amount of$225, authorized the Chainnan to execute the Purchase Agreement
and directed staff to close the transaction and record the documents in the
Public Records of St. Lucie County Florida.
South 25th St. Widening Project Midway Road to Edwards/Harris Temporary
Easement- The Board approved the Purchase Agreement in the amount of
$580, authorized the Chainnan to execute the Purchase Agreement and
directed staff to close the transaction and record the documents in the Public
Records of St. Lucie County, Florida.
D.
E. Blind Creek Park/Interlocal Agreement with St. Lucie County Mosquito
Control District for the FIND Grant- The Board approved the proposed
interlocal agreement.
F. Indrio Blueway Buffer- Interlocal Agreerhent with St. Lucie County Mosquito
Control District for the US Dept. of Agriculture Grant- The Board approved
the proposed interlocal agreement.
G. Extension of Lease with Department of Children and Families/] 19 South IOth
Street, Fort Pierce- The Board approved the extension of the lease.
H. South 25th St. Widening Project (Midway Road to Edwards Road! Owens
Parcel 102- The Board approved Contract for Sale and Purchase in the
amount of $4] ,000 authorized the Chainnan to execute the contract, and
directed staff to close the transaction and record the documents in the Public
Rccords of St. Lucie County, Florida.
¡ South 25th St. Widening Project Midway Road to Edwards Road, First Baptist
Church of Ft. Pierce, Inc., parcell 03- The Board approved Contract for Sale
and Purchasc in thc amount of$31,000 authorized the Chairman to execute
the contract and dircctcd staff to close the transaction and record the
documents in the Public Records of St. Lucie County, Florida.
3
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J. Airport General Consulting Services (RFP 03-072) - The Board approved
the proposed agreement with Kimley-Hom, Inc., and PBS&J and
authorized the Chainnan to sign the agreements.
K. Weatherbee Road Intersection Improvement Project ¡Kaplan - The Board
Approved the Contract for Sale and Purchase in the amount of $52,000
authorized the Chainnan to execute the contract, and directed staff to close
the transaction and record the documents in the Public Records of St.
Lucie County, Florida.
5. PARKS AND RECREATION
A. Request for Sole Source Status for Specified Fairwinds Gold Course Vendors-
The Board approved Titleist Golf Division and Foot Joy as sole source
providers for their respective brand of golf merchandise. The Board further
approved a purchasing level increase of not more than $25,000 for each of the
distributors, elTective October 1,2003 through September 30,2004.
B. Authorization to Use Funds from Impact Fees- The Board approved the use
of$I7,000 from Parks Impact Fees to develop the Design Criteria Package for
the Open Space Community Pool.
C. Budget Amendment No. 04-102 to Reallocate Funds for Equipment Request
No. 04-204 and 04-205- The Board approved the reallocation of funds to
purchase two Cushman-Bunker Field Rake conditioners for the Sports
Complex in the amount of$12,100 each,
D. Approval of use Park "A" Impact Fees for Ilous Ellis Park- The Board
approved the use of $2,986.20 from Park "A" Impact Fees for the purchase of
four game tables to be placed at Ilous Ellis Park.
,
6. MANAGEMENT AND BUDGET
A. USDOJ State Criminal Alien Assistance Program Grant- The Board accepted
the grant on behalf of the Sheriff s Office and authorized the County
Administrator to sign the online acceptance fonn.
B. Budget Resolution No. 03-267/DEP Coastal Management Program Grant-
The Board approved the budget resolution for the Pepper Park Dune
Crossover Grant in the amount of $50,000.
C. Budget Resolution No. 03-268/DEP Cpastal Management Program Grant-
The Board approved the budget resolutioh for the John Brooks Park Dune
Crossover Grant in the amount of$50,000.
7. CULTURAL AFFAIRS
A. Navy Band COl1cert- The Board approved the concert, the in-kind services
authorized and frcc admission granted to both the Historical Museum and the
Marine Center for the day ofthe event, November 15, 2003 and approved the
Marine Ccnter's Open HOllse expenses not to exceed $250.
B. Post Office History and Humanities Museum- The Board granted pennission
to request funds from the Ft. Pierce CRA for the Post Office Museum in the
amount of $650,000.
8. PURCHASING
A. Second Amendment to Contract No, COO-II-124 with Aquagenix- The Board
approved the second amendment to the contract, and authorized the Chainnan
to sign the amendment as prepared by the County Attorney.
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B. First Extension to Contract No. COI-12-253 with Florida Tire Recycling,
Inc.,- The Board approved the first extension to the contract and authorized
the Chainnan to sign the extension as prepared by the County Attorney.
C. First Extension to Contract No. C98-12-185 with Severn Trent Avatar Utility
Services LLC- The Board approved the first extension to the contract and
authorized the Chairman to sign the extension as prepared by the County
Attorney.
D. Permission to Advertise Invitation for Bid for Golf Ball Retrieval Services at
the Fairwinds Golf Course- The Board approved advertising an Invitation to
Bid.
E. RFQ No. 03-079- Transportation Services- The Board approved negotiating
with the top ranked firm, Council on Aging of St. Lucie, Inc.,! Community
Trust, and authorized the Chairman to sign the contract as prepared by the
County Attorney.
9. SHERIFF OFFICE
Wrecker Rotation Manual- The Board approved the revisions to the Wrecker Rotation
Manual.
10. HUMAN RESOURCES
First Amendment to July 29, 2003 Agreement with Manpower Temporary Staffing - The
Board approved extending the term of the agreement through December 31,2003.
11. AIRPORT
..
A.
Terminal Building Roof Replacement- The Board approved the final pay
request and release of retainage to the Roof Authority in the amount of $4,066
for a total project amount of$44,160.
B. Equipment Request No. 04-207- The Board approved the equipment request
to purchase a Nautel Non-Directional Beacon Monitor in the amount of
$1,650 for use in monitoring the electronic signal transmitted by the NDB to
aircraft using St. Lucie County International Airport.
C. Nav Aids Contract/Maintenance Statement of Work with Signal Connections-
The Board approved the contract in the amount of $21 ,000 year to maintain
the Instrument Landing System and the air navigation equipment at St. Lucie
County International Airport.
12. PARIeS REFERENDUM
Lakewood Park Urban District Park Design Criteria Package- The Board approved
Work Authorization with Glatting Jackson for development ofa design build criteria
package in the amount of $I21.044.
13. GRANTS
A. Florida Coastal Management Program Grant Application- The Board
approved the County Administrator to si~n the grant application for the Indian
River Lagoon Access Project.
ß, Florida Coastal Management Program Grant Application- The Board
approved the County Administrator to sign the grant application for the Blind
Creek Water Quality Research Project.
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C. Florida Coastal Management Program Grant Application- The Board
approved the County Administrator signing the grant application for the North
Hutchinson Island Water Quality Improvement Project.
14. UTILITIES
Bulk-Utility Services- The Board approved the Chainnan executing and forwarding
correspondence to the Indian River county Commissioners initiating negotiations for
the temporary purchase of bulk utility service.
CA-2 Community Development- The Board approved the New York Met's
Organization for assistance in attracting/producing the 2004 Florida State League All
Star-Game in St. Lucie County as recommended by the TDC and authorized the
release of the requested funding through the TDt's standard grant awards programs
for special events.
CA -1 Request for Supervisor of Elections to Install Awnings at the entrance to office-
Staff recommends the Board approve the purchaSe of awnings ITom C & C Canvas &
Awning Co., for the Supervisor of Elections at the Orange Blossom mall.
Com. Bruhn stated his opposition to this purchase.
It was moved by Com. Lewis, seconded by Com, Hutchinson, to approve staff
recommendation; and, upon roll call, the vote was as follows: Nay: Bruhn; Aye's:
Barnes, Coward, Hutchinson, Lewis; motion tarried by a vote of 4 to 1.
REGULAR AGENDA
5. COUNTY ATTORNEY (1-1254)
A. Ordinance No. 03-35 !Noise Control/Correcting a Scriveners Error
regarding the definition of"Night"- Consider staffrecommendation to
approve the ordinance and authorize the Chairman to sign the
ordinance.
It was moved by Com. Lewis, seconded by Com. Bruhn, td approve Ordinance No. 03-
35, and; upon roll call, motion carried unanimously.
B. Ordinance No. 03-17/2003 Economic Development Exemption
Application/Liberty Home Pharmacy Corporation- Staff
recommended that the Board detennine whether to approve the
ordinance.
It was moved by Com. Lewis, seconded by Com. Cdward for discussion;
,
Com. Coward stated he did not agree with the length of time of the exemption and
commented on the exemption given by the City of Port St. Lucie.
And; LIpon roll call, the vote was as follows: Nay: Coward; Aye's: Bruhn, Barnes, Lewis,
Hutchinson; motion to approve carried by a vote of 4 to 1.
6. COUNTY ATTORNEY
Lawnwood StadiumlInterlocal Agreement fir Transfer of Operation- Consider staff
recommendation to approve the agreement and authorize the Chainnan to sign the
agreement.
It was moved by Com. Coward, seconded by Com. J,.ewis, to approve the agreement and
authorize the Chainnan to sign the agreement; and, IÌpon roll call, motion carried
unanimously.
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7. PARKS REFERENDUM (1-1960)
Request for Qualifications for Restoration of Lawn wood Stadium Concrete Bleachers-
Staff recommended the Board authorize a Request for Qualifications for concrete
restoration of the concrete bleachers.
It was moved by Com. Hutchinson, seconded by Com. Bruhn, to approve the request for
RFQ's ; and also to include qualifications for structural engineers for design; and, upon
roll call, motion carried unanimously.
8. ADMINISTRATION (I-2388)
A. Tennination of Lease Agreement with Downeast Sailing Adventures for the
County's North Dock- Staff recommends the Board tenninate the lease with Downeast
Sailing Adventures as provided for under section I5.04 of the agreement and authorize
staff to provide notice to user by registered or certified mail.
It was moved by Com. Lewis, seconded by Com. Hutchinson, to approve staff
recommendation; and, upon roll call, motion carried unanimously.
B. SI. Lucie County Jail/Forensic Mental Health Services- Based on the
recommendation of the Sheriff, staff recommends the approval ofthe proposal from
Prison Health Services in the amount $2I2,235 for a 12 month period (October 1,2003-
September 30,2004) for forensic mental health services and that the Chainnan be
authorized to sign the contract as prepared by the County Attorney's office. Any
medications over the $36,000 amount, should that amount be exceeded, will be
reconciled in the 2004-05 budget.
The Board rcqucstcd a report ordetailed costs of me die at ions be brought back ror their
review .
It was moved by Com. Hutchinson, seconded by Com. Lewis, to approve the proposal
from Prison Health Services; and, upon roll call, motion carried unanimously.
C. Resolution No. 03-262/Supporting the Real Estate Transfer Tax (Growth Fairness
Plan) and directing the County Administrator to forWard a copy ofthis resolution to
Governor Jeb Bush and the Florida Legislative Delegation - Consider staff
recommendation to adopt the resolution.
The Board discussed requesting the state find a way to fund the school system not tying it
specifically to real estate taxes.
The County Attorney suggested added language to the resolution stating that a dedicated
funding source be implemented for schools and that the real estate transfer tax be
considered as ONE i[the options,
It was moved by Com. Coward seconded by Com, Lewis, to approve forwarding a copy
of the resolution to the Governor with the added language; and, upon roll call, motion
carried unanimously.
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D. Legislative Funding RequestslPolicy Issues/Regional Transportation Issues-
Consider staff recommendation to grant pennission to submit the following projects and
policy issues to the Legislative Delegation:
Project Title
,
Funding Requested
Orange Avenue
New Library Construction
Regional Disaster Control Center/Special Needs
$' 1,0¡W.000
500,000
2,000,000
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Policy Issues
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Inmate Medical Costs/Hospital Charges
Annexation/Chapter 171 & 163 Review
Medicaid Nursing Horne Bills
Health Care Responsibility Act (HCRA)
Department of Juvenile Justice/Juvenile Assessment Center
State Trust Funds for SHIP and Transportation Disadvantaged Programs
Article 5 Revision 7
Real Estate Transfer Fee
Baseball Spring Training
Regional Transportation Issues
North Bridge
Lake Koho Resolution (River Issues Team)
It was moved by Corn. Coward, seconded by Corn. Bruhn, to approve the requests; and,
upon roll call motion carried unanimously. (Corn. Hutchinson was not present when the
vote was taken.
RA-1 Resolution No. 03-269/Authorizing Term Loan to Provide Permanent Financing
for Treasure Cove/Ocean Harbor South Municipal Services Benefit Unit Special
Assessmcnt Projcct- Considcr starr recommendation to approve the resolution as dralled.
It was moved by Com. Lewis, seconded by Com. Coward, to approve Resolution No. 03-
269; 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
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AGENDA REOUEST
ITEM NO. é)- 4-
DATE: October 21, 2003
REGULAR IX]
PUBLIC HEARING I ]
CONSENT I ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. Mcintyre
County Attorney
SUBJECT:
Resolution No. 03·273 - Commending the Woman's Club of Fort Pierce, Inc. On Their 90th Anniversary.
BACKGROUND:
The Woman's Club of Fort Pierce was founded October 17,1913, and became affiliated with the Florida
Federation and the General Federation of Women's Clubs the following year. It is the oldest social and civic
organization in St. Lucie County, Florida. Marlene Sherwin, President of the Woman's Club of Fort Pierce, Inc.,
has requested thatthis Board recognize their 90th Anniversary. The attached Resolution No. 03·273 has been drafted
for that purpose.
FUNDS A V AIL.:
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board adopt the attached Resolution No. 03·272 has drafted.
COMMISSION ACTION:
E:
]tJ APPROVED [ ] DENIED
T J OTHER:
Approved {4-0) Barnes-Absent
Review and Approvals
County Attorney: .~ ~ Of""
Originating Dept.
Management & Budget
Purchasing
Other:
Other:
Finance: {Check for Copy only, if applicable)_
Eff. 5/96
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RESOLUTION NO. 03-273
A RESOLUTION COMMENDING THE WOMAN'S
CLUB OF FORT PIERCE, INC. ON THEIR
90TH ANNIVERSARY
WHEREAS, the Board of County Commissioners of St. Lucie
County, Florida, has made the following determinations:
1. The Woman's Club of Fort Pierce was founded October 17,
1913, and became affiliated with the Florida Federation and the
General Federation of Women's Clubs the following year.
2. It is the oldest social and civic organization in St.
Lucie County, Florida.
3. From the beginning the Woman's Club has been in the
forefront of civic improvement and welfare. It has contributed to
and/or organized groups such as the local Red Cross, Hospital
Auxiliary, Humane Society, Concert Association and Community
Theatre. For many years the public library was housed and its
expenses underwritten by the Club.
When the funds drive was
launched in the early 1950s for construction of the a library
building, the Club spearheaded the effort and contributed the first
$1,000.
4. The obj ect of the Club is to promote and develop the
social, civic and educational interests of the City of Fort Pierce
and the County of St. Lucie.
5. It is hard to think what our community would be like
without the organizations and projects started by the Club.
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NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of St. Lucie County, Florida:
1. This Board commends the Woman's Club of Fort Pierce on the
90th Anniversary.
2. This Board urges the citizens of St. Lucie County to
participate in any activities scheduled for the 90Ch Anniversary of
the Woman's Club of Ft. Pierce, Florida.
PASSED AND DULY ADOPTED this 21st day of October, 2003.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
DEPUTY CLERK
APPROVED AS TO LEGAL FORM AND
CORRECTNESS:
COUNTY ATTORNEY
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C'Woman :1. Club of'J'o'tt [PiE-'ta.E-, £lna..
P.O. Box 3794
Fort Pierce, Florida 34948-3794
Tel# 466-5398
Mr. Douglas M Anderson
St. Lucie County AdmJnistrator
2300 VIrginia Ave
Ft. Pierce, FL 34982
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Dear Mr. Anderson:
This is to request a proclamation fOOl St. Lucie County to the Wanan's Club ofFt. Pierce recognizing
their 90'" Anniversary. .
The Club was founded October 17, 1913 and became affiliated with Florida Federation and the General
Federation of Woman's Clubs the following year. It is the oldest social and civic organization in St.
Lucie County, Florida. Enclœed is some literature giving further details about our organization.
slf
enclœure
Sincerely yours,
/o""""L/
~erwin f
:~er
I
rw"ma" . CtuG ,,( :1",[ !Pi«"., ß,,",
P.O. J:jç,x ~3784
~ Fort P1r:!'Ct. F'ìorida .34948~~194
90" ANNIVERSARY CELEBRATION
WELCOME - MARLENE SHERWIN, PRESIDENT
INTRODUCTION OF GUESTS - ANN MORTENSEN,
3niVice Pres.
LUNCH BLESSING - ROSE SACHER, 2"" Vice Pres.
BIRTHDAY CAKE AND SONG
PROORAM:
Pledge of Allegiance, Isabel Metrce, Treasurer
God Bless America, Mi ]je West
Reading ofColJect, Terry Hinz, Recording Sec.
PROCLAMATION BY CITY OFFICIAL
Jo Paladini, FFWC District 10 Director
90'" ANNIVERSARY CELEBRATION PROJECT
Cook Book, Scholarship Fund
Nov 8 Benefit Luncheon, Card Party
l\1arguerite Fo!lis, Corres. Sec.
ANNIVERSARY CELEBRATION HISTORY
Wilma Cowles and Millie West, 50 year members
'Short bu&iness meeting alter Birthday
~
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II
The Woman's Club of Fort Pierce was foun$d October 17,
1913, and became affiliated with the Florida Federation and the
General Federation of Women's Clubs the following year. It is the
oldest social and civic organization in St. Lucie County, Florida.
From the beginning the Woman's Club has been in the
forefront of civic improvement and welfare. It has contributed to
and/or organized groups such as the local Red Cross, Hospital
Auxiliary, Humane Society, Concert Association and Community
Theatre. For many years the public library was housed and its
expenses underwritten by the Club. When a funds drive was
launched in the early 1950s for construction of a library building,
the Club spearheaded the effort and contributed the first $1,000.
The object of the Club is to promote and develop the social,
civic and educational interests of the City of Fort Pierce and the
County of St. Lucie.
It is hard to think what our community would be like without
the organizations and projects started by the Club.
I 1117-03
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OCT I 4
CL I\f'~'/ ,,~. C
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Agenda Request
Item Number:
Meetln ¡ Date:
cJ!\-
Oct. 21, 2003
To:
Submitted By:
Board of County Commissioners
Community Development
Consent
Regular
Public Hearing
Leg. [ ]
""n:
SUBJECT:
Resolution No. O~ 181/ Quasi..Judicial I consIder staff recommendation to approve the
resolution granting the request of Robert c. Schwebke, through agent Harold Melville, Esq.,
for a variance from the provisions of Section 6.02.02(C)(1) (shoreline protection) to permit the
construction of an access roadway lacking 50 feet of the required 50 foot shoreline setback for
property located adjacent to the Indian River Lagoon for the residential project to be know as
Pelican Bay, located on North Hutchinson Island.
The petitioner, Robert C. Schwebke, through agent Harold Melville, Esq., has requested a
varianoe from the provisions of Section 6.02.02(C)(1) (shoreline protection) to pennit the
construction of an access roadway lackIng 50 feet of the required 50 foot shoreline setback for
property located adjacent to the Indian River Lagoon for the residential project to be know as
Pelican Bay, located on North Hutchinson Island. Specifically, and as indicated on the
attached site plan graphics, the petitioners are seeking to develop a 33.31 acre site (net
development area is 17.6 acres) lying west of North A·1-A, just to the west of the Ocean
Harbour South and Altlmara Condominium projects, on North Hutchinson Island.
BACKGROUND:
A small tidal lagoon that is part of the Indian River Lagoon estuary bisects the subject site.
Section 6.02.02 of the County's Land Development Code establishes a minimum 50·foot
shoreline setback for all development activities adjacent to the Indian River Lagoon, including
all of its tributaries. Because of the location of this smaU lagoon, and the existing property lines
in the area, the petitioners have found it necessary to request relief from these provisions in
order to permit the construction of an access roadway from the area· north of the lagoon to the
acreage south of the lagoon.
Although there is a specific site plan that will be accompanying this petition, the review and
recommendations for this requested variance have not been based upon any specific needs
of that submitted plan, but rather the broader general question of does the literal application
of the shoreline setback standard render the areas south of the small lagoon undevelopable or
unusable for other private purposes, and would the granting of the requested variance at least
afford the opportunity for the property owner/petitioner to propose a reasonable use of the
property.
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
N/A
N/A
Based upon the apparent fact that no matter what use or activity is proposed in the area
south of the smal/lagoon, the requested variance will be necessary. Staff recommends that
the Board approve the requested variance from the provisions of Section 6.02.02(C)(1)
(shoreline protection) to permit the construction of an access roadway lacking 50 feet of the
required 50 foot shoFeiine setbackfo~preperty located adjacent to the Indian-River Lagoon,
located on North Hutchinson Island, with said variance being limited to the areas depicted
in the attached Exhibit A. -
Request to continue to 11/4/03
Approved (4'0) Bames'Absent
RRENCE:
COMMISSION ACTION:
o APPROVED
[](] OTHER
D DENIED
Do las M. Anderson
unty Administrator
County Attorney
Originating D'ept.:
Finance:
Coordination! Signatures
Mgt. & Budget:
Other:
Purchasing:
Other:
(agend74Oa)
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COUNTY ......
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Commission Review: October 21, 2003
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: County Commission
FROM: Community Development Director
DATE: October 15, 2003
SUBJECT: Petition of Robert C. Schwebke, through agent Harold Melville, Esq., has
requested a variance from the provisions of Section 6.02.02(C)(1) (shoreline
protection) to permit the construction of an access roadway lacking 50 feet of the
required 50 foot shoreline setback for property located adjacent to the Indian
River Lagoon for the residential project to be know as Pelican Bay, located on
North Hutchinson Island.
On October 21, 2003 you will be asked to review the Petition of Robert C. Schwebke, through
agent Harold Melville, Esq., has requested a variance from the provisions of Section
6.02.02(C)(1) (shoreline protection) to permit the construction of an access roadway lacking 50
feet of the required 50 foot shoreline setback for property located adjacent to the Indian River
Lagoon for the residential project to be know as Pelican Bay, located on North Hutchinson
Island. This matter was continued form the Boards meeting of October 7, 2003, at the request
of county staff to address a potential notice concern.
Attached are copies of the original staff reports on this item for your continued review.
Recently county staff has been made aware of a request of the Queens Cove property owners
association to have this hearing either continued once again due to a prescheduled meeting of
their pretty owners association that would conflict with the boards meeting of October 21, 2003.
We have also been advised that the Department of transportatiori has scheduled a night-time
closing of the north bridge for this same evening and there is concern that interested individuals
who might wish to participate in the hearing will not be able attend due to this closing.
The queens code association is an adjoining property owner to the overall project development
proposed on the property affected by this variance petition. .
The Board has essentially two options to consider in this matter:
1.) Hold the Public Hearing as noticed, but recess the hearing before it is closed and
reconvene the Hearing on November 4th. This option would allow those who could
attend the meeting an opportunity to be heard, but still afford those who cannot attend
this hearing an opportunity to be heard prior to any final actions being taken by the
Board.
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Oclober 15, 2003
Page 5
Subject: Schwebke/Pelican Bay
Shoreline Variance
2.) Continue the public hearing until November 4, 2003, at 6:00 pm or as soon thereafter as
possible.
.......QIe. Oð'W\
nnis J. rphy, AICP
Community Development Director
DJMI
PELlCANBAY4(H)
cc: County Administartor
County Attorney
Public Works Director
Environmental Resource Manager
Harold Melville, ESQ.
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RESOLUTION 03-181
BCC No.: BCC-G3-000
FILE NO.: SLR-G3-000
A RESOLUTION GRANTING A VARIANCE FROM SECTION
SECTION 6.02.02(C)(1) (SHORELINE PROTECTION) TO
PERMIT THE CONSTRUCTION OF AN ACCESS ROADWAY
LACKING 50 FEET OF THE REQUIRED 50 FOOT SHORELINE
SETBACK FOR PROPERTY LOCATED ADJACENT TO THE
INDIAN RIVER LAGOON, LOCATED ON NORTH HUTCHINSON
ISLAND.
WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Robert C. Schwebke, through agent Harold Melville, Esq., presented a petition for a
variance from the provisions of Section 6.02.02(C)(1) (shoreline protection) to permit the
construction of an access roadway lacking 50 feet of the required 50 foot shoreline setback
for property located adjacent to the Indian River Lagoon, located on North Hutchinson
Island, and more particularly described in Part A below.
2. On October 7, 2003, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property.
3. After consideration of the testimony presented during the October 7, 2003, public hearing,
including staff comments and the standards of review for granting variances set out in
Section 10.01.30, SI. Lucie County Land Development Code, the Board of County
Commissioners has made the following determination:
a. The variance requested arises from a condition that the particular
physical surroundings, the shape, or topographical condition of the
specific parcel of land involved, would result in unnecessary hardship for
the owner or developer, as distinguished from a mere inconvenience, if
the provisions of this Section are literally enforced, and the condition is
created by the regulations 01 this Section, and not by an action or actions
of the owner, developer or applicant;
As indicated on the petitioner's site plan and variance application, the
requested variance is the minimum necessary to provide access to the
southern portion of the subject site. The presence of the small tidal lagoon on
this site (refer to project site plan for general site conditions) effectively bisects
File No.: SLR·03-000
October 7, 2003
Resolution 03-181
Page 1
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the property into two separate pieces. Access to the area south of the small
lagoon is not available from any other approach due to intervening property
ownerships between the subject site and the nearest public rights-of-way
The applicants have reported that they attempted to acquire some additional
property in the vicinity of the requested variance in order to try and relocate the
internal access road in question, and the subject of this variance request, as
far from the required 50 foot shoreline setback area as possible, but were
unable to obtain the necessary property.
Not considering the requested variance could result in a later determination of
undue hardship on the property. The need for the requested variance is a
direct result of the application of the requirements of the St. Lucie County
Comprehensive Plan and Land Development Code and not by the mere design
desires of the applicant.
b.
The granting of the variance will not impair or injure other property or
improvements in the neighborhood in which the subject parcel of land is
located;
The granting of the requested variance, in and of itself, has been determined
not to have an undue effect on adjacent properties. The purpose of this
variance request is to permit the property owner to have access to an area of
his property south of a small tidal lagoon that bisects the overall site, resulting
in the effective creation of two separate parcels, one of which has no apparent
legal access.
The designated future land use of this property is residential. The use of the
adjoining properties is residential. The granting of this requested variance
would not permit a development type that is wholly inconsistent with the
adjoining land uses. The requested variance would be required if the property
were to be developed for either single family or multi-family uses.
c.
The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structures; and
The requested variance represents the minimum necessary to effectively
provide County required access to the southern portion of the petition property.
No matter the use of the property, whether it is single family or multi-family,
access to the site is restricted to this one location and, as a consequence, is
the minimum necessary required to meet County Codes and Standards.
As indicated in the attached graphic, the petitioner has submitted a
development plan that provides for the stabilization of the impacted shoreline
areas so that there will not be increased erosion or siltation from this site into
File No.: SLR-03·000
October 7,2003
Resolution 03-181
Page 2
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the Indian River Lagoon or its tributaries.
d. The variance desired will not be opposed to the general spirit and
intent of this ordinance or the St. Lucie County Comprehensive Plan.
The requested variance is not opposed to the general intent of the County's
Land Development Code and Comprehensive Plan. Although the general
standards of the County's Comprehensive Plan provide for the preservation
and protection of the County's coastal resources, and specific policies in the
Coastal Management, Conservation and Future Land Use Elements
reference the necessity to provide for a minimum 50 foot wide buffer along
the shoreline of the Indian River Lagoon, including its tributaries, there is also
the necessity to recognize that there are instances where the literal
application of these rules, without consideration to specific unique
circumstances, could result in a potential compensable taking situation and
denial of property rights and usage. Accordingly, in developing the
implementing standards for the general shoreline protection policies
referenced above, the County has included a process for the consideration
of variances to these minimum standards where it can be shown that no
other reasonable alternative exists in order to provide for reasonable use or
access on, or to, a particular property. Noting the above referenced
information, the requested variance represents the minimum necessary, in
this particular instance, to provide access to the southern portion of the
property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. The petition for a Variance from the Provisions of Section 6.02.02(C)(1), St. Lucie County
Land Development Code, Indian River Lagoon minimum buffer requirement, submitted by
Hutchinson Island Storage is granted for the property described below, subject to the
following condition:
1.) The area granted a shoreline setback variance is as generally
depicted in the attached Exhibit A. No other restricted use or
encroachment into the 50-foot shoreline setback may be permitted
unless varied in accord with the applicable standards of the County's
Land Development Code.
2.) As part of the submission of any construction plans for any activity in
the area of authorized encroachment, full and complete mitigation!
restoration plans shall be required demonstrating compliance with all
applicable County and State standards for the areas impacted by
Resolution 03-181
File No.: SLR·03·000
October 7, 2003
Page 3
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development activities.
The property on which this variance is granted is described as follows:
THE NORTH 308.54 FEET OF THE SOUTH 2608.54 FEET OF GOVERNMENT LOT I IN THE NORTH V2 OF
SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AS MEASURED AT RIGtfT ANGLES TO THE SOUTH
liNE OF SAID GOVERNMENT LOT I AS SHOWN ON A PlAT OF SURVEY OF SAID SECTION 23
RECORDED IN PLAT BOOK 8, PAGE 21, OF Tl:tE PU8UC RECORDS OF ST. LUOE COUNTY, FLORIDA,
LESS AND EXCEPTING THE RIGtfT -OF-WAY FOR STATE ROAD A-I-A.
TOGETHER WITH:
THE NORTH 600.00 ÆET OF THE SOUTH 2300 FEET OF GOVERNMENT LOT 1 IN THE NORTH V2 OF
SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUOE COUNTY, FLORIDA AS MEASURED AT
RIGtfT ANGLES TO THE SOUTH liNE OF SAID GOVERNMENT LOT I, AS SHOWN ON PLAT OF SURVEY
OF SAID SECTION 23, AS RECORDED IN PlAT BOOK 8, PAGE 21, OF ST. LUOE COUNTY, FLORIDA,
PUBliC RECORDS, LYING WEST OF THE RIGtfT -oF·WA Y OF STATE ROAD A-I-A, LESS AND EXCEPTING
THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE INTERSECTION OF THE WEST RIGtfT -OF-WAY OF STATE ROAD A-I-A WITH THE
NORTH liNE OF THE SOUTH 2300 ÆET OF GOVERNMENT LOT I; THENCE, SOUTH 18°29'30" EAST
ALONG THE SAID RIGtfT-OF-WAY OF STATE ROAD A-l-A, A DISTANCE OF 631.16 FEET; THENCE RUN
SOUTH 89°35'10" WEST, A DISTANCE OF 245.28 FEET; THENCE RUN NORTH 18°29'30" WEST, A
DISTANCE OF 205.87 FEET; THENCE RUN SOUTH 71°30'30" WEST, A DISTANCE OF 205.36 ÆET;
THENCE RUN NORTH 18°29'30" WEST, A DISTANCE OF 492.32 FEET; THENCE RUN NORTH 89°35'10"
EAST, A DISTANCE OF 461.30 FEET TO THE POINT OF BEGINNING.
ALL LANDS LYING IN SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUOE COUNTY,
FLORIDA.
TOGETHER WITH:
AN INGRESS AND EGRESS EASEMENT AS ET FORTH IN THAT DECLARATION OF EASEMENT, DATED
SEPTEMBER 28, 1982, RECORDED OCTOBER 4, 1982, IN OR BOOK 385, PAGE 326, AND AS SET FORTH
IN WARRANTY DEED DATED APRIL 18, 1983, RECORDED APRIL 20, 1983, IN OR BOOK 399, PAGE 259,
ALL IN THE PUBliC RECORDS OF ST. LUOE COUNTY, FLORIDA, SUBJECT TO PROVISIONS OF COURT
ORDER IN CASE NO. 92-218 CA·17 AS RECORDED IN OP BOOK 795, PAGE 325, IN THE PUBliC
RECORDS OF ST. LUCIE COUNTY, FLORIDA
Tax ID#: 1423-120·0010·000/4 AND 1423-120-OO06-QOO/3}
Location: West side of North A·I-A, directly aaoss from the Altamlra Condominiums and to the
west of the Ocean Harbor Villas Condominiums.)
This variance will allow for the construction of an access roadway lacking 50 feet of the
required 50 foot shoreline setback for property located adjacent to the Indian River
Lagoon, located on North Hutchinson Island as depicted in the attached Exhibit A.
The approvals and authorizations granted by this Resolution are for the purpose of
obtaining site plan/building permit approvals on this property, and shall expire on October
7, 2004, unless the developer has obtained a site plan approval for the proposed Pelican
File No.: SLR-03·000
October 7, 2003
Resolution 03-1B1
Page 4
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Bay residential project. If site plan approval for the Pelican Bay residential project has not
been obtained by October 7, 2004, the approvals and authorizations granted by this
resolution shall expire and become void. If site plan approval for the Pelican Bay
residential project has been successfully obtained by October 7, 2004, the variances
granted through resolution shall remain in force and effect as long as the development
orders for the Pelican Bay Residential project remain in effect.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes
xxx
XXX
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Vice-Chairman Paula A. Lewis
Commissioner Frannie Hutchinson
Commissioner Doug Coward
Commissioner John D. Bruhn
PASSED AND DULY ADOPTED This 21 st Day of October, 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
Deputy Clerk
03·1B1a(H)
File No.: SLR·03-000
October 7, 2003
Resolution 03·181
Page 5
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Agenda Request
Item Number:
Meetin!! Date:
Oct. 7, 2003
To:
Submitted By:
Board of County Commissioners
Community Development
Consent
Regular
Public Hearing
leg. X]
SUBJECT:
Resolution No. 03-181/ Quasi-Judicial f consider staff recommendation to approve the
resolution granting the request of Robert C. Schwebke, through agent Harold Melville, Esq.,
for a variance from the provisions of Section 6.02.02(B)(2) and (C)(1) (shoreline protection) to
perml! the construction of an access roadway lacking 50 feet of the required 50 foot shoreline
setback for property located adjacent to the Indian River Lagoon for the residential proiect to
be know as Pelican Bay, located on North Hutchinson Island.
The petl!ioner, Robert C. Schwebke, through egent Harold MelYilie, Esq., has requested a
variance from the provisions of Section 6.02.02(B)(2) and (C)(1) (shoreline protection) to permit
the construction of an access roadway lacking 50 leet of the required 50 foot shoreline setback
for property located edlacent to the Indian River Lagoon for the residentiai project to be know as
Pelicen Bay, located on North Hutchinson Island. Specificelly, and as indicated on the
attached site plan graphics, the petitioners are seeking to develop a 33.31 acre site (net
development area Is 17.6 acres) lying west of North A·1·A, just to the west of the Ocean
Harbour South and Altimara Condominium projects, on North Hutchinson Island.
BACKGROUND:
A small tidal lagoon that is part of the Indian River Lagoon estuary bisects the subject site.
Section 6.02.02 of the County's Land Development Code estabiishes a minimum 50·foot
shoreline setback for all development activities adjacent to the Indian River Lagoon, ¡ncluding
all of its tributaries. Because of the location of this small lagoon, and the existing property lines
in the area, the petitioners have found It necessary to request relief from these provisions in
order to permit the construction of an access roadway from the area north of the lagoon to the
acreage south of the lagoon.
Although there is a specific site plan that will be accompanying this petition, the review and
recommendations for this requested variance have not been based upon any specific needs
of that submitted plan, but rather the broader general question of does the literal application
of the shoreline setback standard render the areas south of the small lagoon undevelopable or
unusable for other private purposes, and would the granting of the requested variance at least
afford the opportunity for the property owner/petitioner to propose a reasonable use of the
property.
FUNDS AVAilABLE:
PREVIOUS ACTION:
RECOMMENDATION:
N/A
N/A
Based upon the apparent fact that no matter what use or activity is proposed in the area
south of the small lagoon, the requested variance will be necessary. Staff recommends that
the Board approve the requested variance from the provisions of Section 6.02.02(B)(2) and
(C)(1) (shoreilne protection) to permit the construction of an access roadway lacking 50 feet
of the required 50 foot ·shoreHne setback for property located -adjacent -to the-Indian- River
Lagoon, located on North Hutchinson Island, with said variance being limited to the areas
depicted in the attached Exhibit A.
COMMISSION ACTION:
o APPROVED
o OTHER
CONCURRENCE:
D DENIED
Douglas M. Anderson
County Administrator
County Attorney
Originating Dept.:
Finance:
Coordination! Signatures
Mgt. & Budget:
Other:
Purchasing: ~
Other: ,
(agend738a)
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- 1 -
Commission Review: October 7, 2003
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COUNTY .......
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COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: County Commission
FROM: Community Development Director
DATE: September 30,2003
SUBJECT: Petition of Robert C. Schwebke, through agent Harold Melville, Esq., has
requested a variance from the provisions of Section 6.02.02(8)(2) and (C)(1)
(shoreline protection) to permit the construction of an access roadway lacking 50
feet of the required 50 foot shoreline setback for property located adjacent to the
Indian River Lagoon for the residential project to be know as Pelican 8ay, located
on North Hutchinson Island.
LOCATION: West side of North A-1-A, directly across from the Altamira
Condominiums and to the west of the Ocean Harbor Villas
Condominiums.
EXISTING ZONING:
FUTURE LAND USE:
PARCEL SIZE:
HIRD (Hutchinson Island Residential District)
RM (Residential, Medium)
SURROUNDING ZONING:
SURROUNDING LAND USES:
33.31 acres total
17.611 acres to the east of the Safe Upland Line
HIRD (Hutchinson Island Residential District)
The general existing use surrounding the property is
residential.
The Future Land Use Classification of the surrounding
area is RM (Residential Medium).
..*****..****...***********
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September 30, 2003
Page 2
Subject: Schwebke/Pelican Bay
Shoreline Variance
STANDARDS OF REVIEW
Mr. Robert C. Schwebke, through agent Harold Melville, Esq., has requested a variance from
the provisions of Section 6.02.02(B)(2) and (C)(1) (shoreline protection) to permit the
construction of an access roadway lacking 50 feet of the required 50 foot shoreline setback for
property located adjacent to the Indian River Lagoon. In reviewing this petition for variance to
the St. Lucie County Land Development Code, the Board of County Commissioners must
consider and make specific findings of fact based directly upon the particular evidence
presented addressing the following standards:
1. The variance requested arises from a condition that the particular physical
surroundings, the shape, or topographical condition of the specific parcel of land
involved, would result in unnecessary hardship for the owner or developer, as
distinguished from a mere Inconvenience, if the provisions of this Section are
literally enforced, and the condition is created by the regulations of this Section,
and not by an action or actions of the owner, developer or applicant;
As indicated on the petitioner's site plan and variance application, the requested
variance is the minimum necessary to provide access to the southern portion of the
subject site. The presence of the small tidal lagoon on this site (refer to project site plan
for general site conditions) effectively bisects the property into two separate pieces.
Access to the area south of the small lagoon is not available from any other approach
due to intervening property ownerships between the subject site and the nearest public
rights-of-way
The applicants have reported that they attempted to acquire some additional property in
the vicinity of the requested variance in order to try and relocate the internal access
road in question, and the subject of this variance request, as far from the required 50
foot shoreline setback area as possible, but were unable to obtain the necessary
property.
Not considering the requested variance could result in a later determination of undue
hardship on the property. The need for the requested variance is a direct result of the
application of the requirements of the St. Lucie County-Comprehensive Plan and Land
Development Code and not the design desires of the applicant.
2. The granting of the variance will not impair or injure other property or
Improvements in the neighborhood in which the subject parcel of land is located;
The granting of the requested variance, in and of itself, has been determined not to have
an undue effect on adjacent properties. The purpose of this variance request is to
permit the property owner to have access to an area of his property south of a small tidal
~
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September 30, 2003
Page 3
Subject: Schwebke/Pelican Bay
Shoreline Variance
lagoon that bisects the overall site, resulting in the effective creation of two separate
parcels, one of which has no apparent legal access to it.
The designated future land use of this property is residential. The use of the adjoining
properties is residential. The granting of this requested variance would not permit a
development type that is wholly inconsistent with the adjoining land uses. The
requested variance would be required if the property were be developed for either single
family or multi-family uses.
3. The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structures; and
The requested variance represents the minimum necessary to effectively provide County
required access to the southern portion of the petition property. No matter the use of
the property, whether it is single family or multi-family, access to the site is restricted to
this one location and, as a consequence, is the minimum necessary to meet County
Codes and Standards.
As indicated in the attached graphic, the petitioner has submitted a development plan
that provides for the stabilization of the impacted shoreline areas so that there will not be
increased erosion or siltation from this site into the Indian River Lagoon or its tributaries.
4. The variance desired will not be opposed to the general spirit and Intent of this
ordinance or the St. Lucie County Comprehensive Plan.
The requested variance is not opposed to the general intent of the County's Land
Development Code and Comprehensive Plan. Although the general standards of the
County's Comprehensive Plan provide for the preservation and protection of the
County's coastal resources, and specific policies in the Coastal Management,
Conservation and Future Land Use Elements reference the necessity to provide for a
minimum 50 foot wide buffer along the shoreline of the Indian River Lagoon, including its
tributaries, there is also the necessity to recognize that there are instances where the
literal application of these rules, without consideration of specific unique circumstances,
could result in a potential compensable taking situation and denial of property rights and
usage. Accordingly, in developing the implementing standards for the general shoreline
protection policies referenced above, the County has included a process for the
consideration of variances to these minimum standards where it can be shown that no
other reasonable alternative exists in order to provide for reasonable use or access on,
or to, a particular property. Noting the above referenced information, the requested
variance represents the minimum necessary in this particular instance, to provide access
to the southern portion of the property.
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September 30, 2003
Page 5
Subject: Schwebke/Pelican Bay
Shoreline Variance
Comments:
The petitioner, Robert C. Schwebke, through agent Harold Melville, Esq., has requested a
variance from the provisions of Section 6.02.02(B)(2) and (C)(1) (shoreline protection) to permit
the construction of an access roadway lacking 50 feet of the required 50 foot shoreline setback
for property located adjacent to the Indian River Lagoon for the residential project to be know as
Pelican Bay, located on North Hutchinson Island. Specifically, and as indicated on the attached
site plan graphics, the petitioners are seeking to develop a 33.31 acre site (net development
area is 17.6 acres) lying west of North A-1-A, just to the west of the Ocean Harbour South and
Altimara Condominium projects, on North Hutchinson Island.
A small tidal lagoon that is part of the Indian River Lagoon estuary bisects the subject site.
Section 6.02.02 of the County's Land Development Code establishes a minimum 50-foot
shoreline setback for all development activities adjacent to the Indian River Lagoon, including all
of its tributaries. Because of the location of this small lagoon, and the existing property lines in
the area, the petitioners have found it necessary to request relief from these provisions in order
to permit the construction of an access roadway from the area north of the lagoon to the
acreage south of the lagoon.
Although there is a specific site plan that will be accompanying this petition, the review and
recommendations for this requested variance have not been based upon any specific needs of
that submitted plan, but rather the broader general question of does the literal application of the
shoreline setback standard render the areas south of the small lagoon undevelopable or
unusable for other private purposes, and would the granting of the requested variance at least
afford the opportunity for the property owner/petitioner to propose a reasonable use of the
property.
The petitioners have reported to the County that they have attempted to acquire some additional
property in the vicinity of the requested variance in order to try and relocate the internal access
road in question, as far from the required 50 foot shoreline setback area as possible, but were
unable to obtain the necessary property to do so.
Based upon the apparent fact that no matter what use or activity is proposed in the area south
of the small lagoon, the requested variance will be necessary. Staff recommends that the Board
approve the requested variance from the provisions of Section 6.02.02(B)(2) and (C)(1)
(shoreline protection) to permit the construction of an access roadway-Jacking 50 feet of the
required 50 foot shoreline setback for property located adjacent to the Indian River Lagoon for
the residential project to be know as Pelican Bay, located on North Hutchinson Island, with
said variance being limited to the areas depicted in the attached Exhibit A. It is our belief that
the granting of this variance would allow for at least some reasonable use or opportunity on this
property and would not subject to the County to a claim of unreasonable restriction on the
property.
Attached is a copy of Draft Resolution 03-081 that, if approved, would grant the requested
shoreline setback variance, subject to the following limiting conditions:
'"
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September 30, 2003
Page 5
Subject: Schwebke/Pelican Bay
Shoreline Variance
1.) The area granted a shoreline setback variance is as generally depicted in the attached
Exhibit A. No other restricted use or encroachment into the 50-foot shoreline setback
may be permitted unless varied in accord with the applicable standards of the County's
Land Development Code.
2.) As part of the submission of any construction plans for any activity in the area of
authorized encroachment, full and complete mitigation! restoration plans shall be
required demonstrating compliance with all applicable County and State standards for
the areas impacted by development activities.
If you have any questions, please let us know.
,r-t D~
. Murphy, AICP
nity Development Director
DJMI
PELlCANBAY3(H)
cc: County Administartor
County Attcrney
Public Works Director
Environmental Resource Manager
Harold Melville, ESQ.
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RESOLUTION 03-181
BCC No.: BCC-G3-GOO
ALE NO.: SLR-G3-000
A RESOLUTION GRANTING A VARIANCE FROM SECTION
SECTION 6.02.02(B)(2) AND (C)(1) (SHORELINE
PROTECTION) TO PERMIT THE CONSTRUCTION OF AN
ACCESS ROADWAY LACKING 50 FEET OF THE REQUIRED 50
FOOT SHORELINE SETBACK FOR PROPERTY LOCATED
ADJACENT TO THE INDIAN RIVER LAGOON, LOCATED ON
NORTH HUTCHINSON ISLAND.
WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Robert C. Schwebke, through agent Harold Melville, Esq., presented a petition for a
variance from the provisions of Section 6.02.02(B)(2) and (C)(1) (shoreline protection) to
permit the construction of an access roadway lacking 50 feet of the required 50 foot
shoreline setback for property located adjacent to the Indian River Lagoon, located on North
Hutchinson Isiand, and more particularly described in Part A below.
2. On October 7, 2003, this Board held a public hearing on the petition, after publishing a
notice of such hearing and notifying by mail all owners of property within 500 feet of the
subject property.
3. After consideration of the testimony presented during the October 7, 2003, public hearing,
including staff comments and the standards of review for granting variances set out in
Section 10.01.30, 51. Lucie County Land Development Code, the Board of County
Commissioners has made the following determination:
a. The variancerequ'ested arises from a condition that the particular
physical surroundings, the shape, or topographical condition of the
specific parcel of land Involved, would result in unnecessary hardship for
the owner or developer, as distinguished from a mere inconvenience, if
the provisions of this Section are literally enforced, and the condition is
created by the regulations of th1s Section, and not by an action or actioñs
of the owner, developer or applicant;
As indicated on the petitioner's site plan and variance application, the
requested variance is the minimum necessary to provide access to the
southern portion of the subject site. The presence of the small tidal lagoon on
this site (refer to project site plan for general site conditions) effectively bisects
the property into two separate pieces. Access to the area south of the small
lagoon is not available from any other approach due to intervening property
ownerships between the subject site and the nearest public rights-of-way
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September 30, 2003
Page 2
Subject: SchwebkelPelican Bay
Shoreline Variance
The applicants have reported that they attempted to acquire some additional
property in the vicinity of the requested variance in order to try and relocate the
internal access road in question, and the subject of this variance request, as
far from the required 50 foot shoreline setback area as possible, but were
unable to obtain the necessary property.
Not considering the requested variance could result in a later determination of
undue hardship on the property. The need for the requested variance is a
direct result of the application of the requirements of the St. Lucie County
Comprehensive Plan and Land Development Code and not by the mere design
desires of the applicant.
b. The granting of the variance will not impair or injure other property or
improvements in the neighborhood in which the subject parcel of land is
located;
The granting of the requested variance, in and of itself, has been determined
not to have an undue effect on adjacent properties. The purpose of this
variance request is to permit the property owner to have access to an area of
his property south of a small tidal lagoon that bisects the overall site, resulting
in the effective creation of two separate parcels, one of which has no apparent
legal access.
The designated future land use of this property is residential. The use of the
adjoining properties is residential. The granting of this requested variance
would not permit a development type that is wholly inconsistent with the
adjoining land uses. The requested variance would be required if the property
were to be developed for either single family or multi-family uses.
c. The variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structures; and
The requested variance represents the minimum necessary to effectively
provide County required access to the southern portion otthepetition property.
No matter the use of the property, whether it is single family or multi-family,
access to the site is restricted to this one location and, as a consequence, is
the minimum necessary required to meet County Codes and Standards.
As indicated in the attached graphic, the petitioner has submitted a
development plan that provides for the stabilization of the impacted shoreline
areas so that there will not be increased erosion or siltation from this site into
the Indian River Lagoon or its tributaries.
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d. The variance desired will not be opposed to the general spirit and
intent of this ordinance or the St. Lucie County Comprehensive Plan.
The requested variance is not opposed to the general intent of the County's
Land Development Code and Comprehensive Plan. Although the general
standards of the County's Comprehensive Plan provide for the preservation
and protection of the County's coastal resources, and specific policies in the
Coastal Management, Conservation and Future Land Use Elements
reference the necessity to provide for a minimum 50 foot wide buffer along
the shoreline of the Indian River Lagoon, including its tributaries, there is also
the necessity to recognize that there are instances where the literal
application of these rules, without consideration to specific unique
circumstances, could result in a potential compensable taking situation and
denial of property rights and usage. Accordingly, in developing the
implementing standards for the general shoreline protection policies
referenced above, the County has included a process for the consideration
of variances to these minimum standards where it can be shown that no
other reasonable alternative exists in order to provide for reasonable use or
access on, or to. a particular property. Noting the above referenced
information, the requested variance represents the minimum necessary, in
this particular instance, to provide access to the southern portion of the
property.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 51. Lucie
County, Florida:
A. The petition for a Variance from the Provisions of Section 6.02.02(C)(1), 51. Lucie County
Land Development Code, Indian River Lagoon minimum buffer requirement, submitted by
Hutchinson Island Storage is granted for the property described below, subject to the
following condition:
1.) The area granted a shoreline setback variance is as generally
depicted in the attached Exhibit A. No other restricted use or
encroachment into the 50-foot shoreline setback may be permitted
unless varied in accord with the applicable standards of the County's
Land Development Code.
2.) As part of the submission of any construction plans for any activity in
the area of authorized encroachment, full and complete mitigation!
restoration plans shall be required demonstrating compliance with all
applicable County and State standards for the areas impacted by
development activities.
File No.: SLR-03-000
October 7, 2003
Resolution 03-181
Page 3
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B. The property on which this variance is granted is described as follows:
THE NORTH 308.54 FEET OF THE SOUTH 2608.54 FEET OF GOVERNMENT LOT 1 IN THE NORTH 'h OF SECTION 23,
TOWNSHIP 34 SOUTH, RANGE 40 EAST, AS MEASURED AT RIGHT ANGLES TO THE SOUTH UNE OF SAID GOVERNMENT
LOT 1 AS SHOWN ON A PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21, OF THE PU8UC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD A-1·A.
TOGETHER WITH:
THE NORTH 600.00 FEET OF THE SOUTH 2300 FEET OF GOVERNMENT LOT 1 IN THE NORTH 'h OF SECTlON 23,
TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AS MEASURED AT RIGHT ANGLES TO THE SOUTH
UNE OF SAID GOVERNMENT LOT 1, AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23, AS RECORDED IN PLAT
BOOK 8, PAGE 21, OF ST. LUCIE COUNTY, FLORIDA, PU8UC RECORDS, LYING WEST OF THE RIGHT-OF-WAY OF STATE
ROAD A'l-A, LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL:
8EGINNING AT THE INTERSECTlON OF THE WEST RIGHT·OF-WAY OF STATE ROAD A+A WITH THE NORTH UNE OF
THE SOUTH 2300 FEET OF GOVERNMENT LOT 1; THENCE, SOUTH 1B029'30" EAST ALONG THE SAID RIGHT-OF-WAY OF
STATE ROAD A·1·A, A DISTANCE OF 631.16 ÆET; THENCE RUN SOUTH B9"35'10" WEST, A DISTANCE OF 245.2B FEET;
THENCE RUN NORTH 1B029'30" WEST, A DISTANCE OF 205.87 FEET; THENCE RUN SOUTH 71°30'30" WEST, A
DISTANCE OF 205.36 FEET; THENCE RUN NORTH 18°29'30" WEST, A DISTANCE OF 492.32 FEET; THENCE RUN NORTH
89°35'10" EAST, A DISTANCE OF 461.30 FEET TO THE POINT OF 8EGINNING.
ALL LANDS lYING IN SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA.
TOGETHER WITH:
AN INGRESS AND EGRESS EASEMENT AS ET FORTH IN THAT DECLARATION OF EASEMENT, DATED SEPTEM8ER 28,
1982, RECORDED OCTOBER 4, 1982, IN OR BOOK 385, PAGE 326, AND AS SET FORTH IN WARRANTY DEED DATED
APRIL 18, 1983, RECORDED APRIL 20, 1983, IN OR BOOK 399, PAGE 259, ALL IN THE PUBUC RECORDS OF ST. LUCIE
COUNTY, FLORIDA, SUBJEcr TO PROVISIONS OF COURT ORDER IN CASE NO. 92-218 CA-17 AS RECORDED IN OP BOOK
795, PAGE 325, IN THE PUBUC RECORDS OF ST. LUCIE COUNTY, FLORIDA
Tax ID#: 1423-120·0010·000/4 AND 1423·120-0006·000/3)
Location: We~ side of North A·I-A, directly across from the Allamira Condominiums and to the we~ of the Ocean
Harbor Viilas Condominiums.)
C. This variance will allow for the construction of an access roadway lacking 50 feet of the
required 50 foot shoreline setback for property located adjacent to the Indian River
Lagoon, located on North Hutchinson Island as depicted in the attached Exhibit A.
D. The 13pprovals and authorizations granted by this Resolution are for the purpose of
obtaining site plan/building permit approvals on this property, and shall expire on October
7, 2004, unless the developer has obtained a site plan approval for the proposed Pelican
Bay residential project If site plan approval for the Pelican Bay residential project has not
been obtained by October 7, 2004, the approvals and authorizations granted by this
resolution shall expire and become void. If site plan approval for the Pelican Bay
residential project has been successfully obtained by October 7, 2004, the variances
File No.: SLR·03·000
October 7, 2003
Resolution 03-181
Page 4
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granted through resolution shall remain in force and effect as long as the development
orders for the Pelican Bay Residential project remain in effect.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes
xxx
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Vice-Chairman Paula A. Lewis
Commissioner Frannie Hutchinson
Commissioner Doug Coward
Commissioner John D. Bruhn
PASSED AND DULY ADOPTED This 7th Day of October, 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
Deputy Clerk
File No.: SLR·03-000
October 7, 2003
Resolution 03-181
Page 5
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15 e:\WORD\ Bee Shoreline Waivers~RL·Pelican Bay
File No.: SLR-03-000
October 7, 2003
Resolution 03·181
Page 6
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Agenda Request
Item Number
Date:
56. .
1 0IÕ'1Í03
Consent
Regular
Public
Hearing
Leg. ]
[ ]
[ X ]
[ ]
[
SUBJECT:
Assi evelopment Director
Consider Draft Resolution 03-182 granting approval to the petition of Robert C.
Schwebke for a Major Site Plan Approval for the project to be known as Pelican Bay, a
56·unit multi·family residential unit project. (File No.: MJSP-Q2-<J02 and BCC-Q3-009)
To:
Submitted By:
Board of County Commissioners
Community Deveiopment
BACKGROUND:
In conjunction with the previous agenda item (Schwebke Shoreline Variance), the
developer is requesting that this Board approve the construction of a 66-unit
condominium project on 17.76-acres of a 33.31-acre site. The proposed site layout
includes 12 - 4-unit buildings and 3 - 6-unit buildings. The property is located on the
west side of North A-I-A, directly across from the Altamira Condominium and west of
Ocean Harbor Villas Condominium. The subject property has an RM (Residential
Medium) future land use designation and a HIRD (Hutchinson Island Residential District)
zoning classification.
The overall project density is 3.75 dulacre. On Development Area B, originally part of
Ocean Harbor Condominium, 2-units remain available for development. Development
Area A allows for 64 units under current regulations. The Pelican Bay project proposes
to allocate these units over those portions of Development Areas A & B, lying east of the
Ft. Pierce Cut.
In addition, the site contains approximetely 13.75 acres of wetlands (10.91 acres is
located west of the Ft. Pierce Cut and 2.84 acres is located east of the Ft. Pierce Cut). Of
the total 13.75 acres of wetland, the site design proposes to impact 0.92 acres. This
impacted area lies east of the Ft. Pierce Cut.
FUNDS AVAILABLE:
N/A
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends approval of Draft Resolution 03·182, subject to the conditions
contained therein.
COMMISSION ACTION:
o APPROVED 0 DENIED
[]tJ OTHER Request to continue to 11/4/03
Approved (4·0) Barnes·Absent
NCURRENCE:
Douglas M. Anderson
County Administrator
Coordination! Signatures
Mg!. & Budget:
Other:
Purchasing:
Other.
C~V'RE'S:~
County Attorney
Originating Oepl:
Finance:
,.
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Commission Review: October 7, 2003
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
FROM:
County Commission
Community Development Director
DATE:
September 30,2003
SUBJECT:
Consider Draft Resolution 03-182 approving the request of Robert
C. Schwebke for a Major Site Plan Approval for thG project to be
known as Pelican Bay (File No. MJSP-02-002 and BCC-03-009).
LOCATION:
West side of North A-1-A, directly across from the
Altamira Condominiums and to the west of the Ocean
Harbor Villas Condominiums.
EXISTING ZONING:
FUTURE LAND USE:
PARCEL SIZE:
HIRD (Hutchinson Island Residential District)
RM (Residential, Medium)
33.31 acres total
17.60 acres to the east of the Safe Upland Line
Area A 7.15 acre 64 units
Area B 10.45 acres 2 units (remaining)
SURROUNDING ZONING:
HIRD (Hutchinson Island Residential District)
.
SURROUNDING LAND USES: The general existing use surrounding the property is
residential.
The Future Land Use Classification of the surrounding
area is RM (Residential Medium). --
FIRE/EMS PROTECTION:
Fire Station Number #9 (3595 North A-1-A) is located
approximately 0.5 mile to the south.
UTILITY SERVICE:
Water and sewer seNice is to be provided by the St.
Lucie County Utilities Department.
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September 30, 2003
Page 2
Subject: Pelican Bay
Major Site Plan
TRANSPORTATION IMPACTS:
Right-at-Way
Adequacy:
North State Road A-1-A has a right-at-way width at
100 teet.
Scheduled Area
Improvements:
None.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity
********************************************
STANDARDS FOR SITE PLAN REVIEW
AS SET FORTH IN SECTION 11.02.07
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
Section 11.02.07, of the St. Lucie County Land Development Code identities the
minimum Standards of Review for all proposed Site Plans. These standards must be
met in order for any site plan approvals to be considered. Staff has reviewed the
request for MajQr Site Plan approval, utilizing these requirements and notes the
following:
A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN
The proposed building or use is consistent with the generaÎ purpose, goals,
objectives, and standards of this Code, the St. Lucie County Comprehensive
Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed
use complies with all additional standards imposed on it by the particular
- provisions of this Code aulhorizing such use and any other requirement-of the
Code and Compiled Laws of St, Lucie County.
The proposed Pelican Bay Site is consistent with the general purpose, goals,
objectives, and standards of this Code, the St. Lucie County Comprehensive
Plan, and the Code and Compiled Laws ot St. Lucie County.
Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum
densities for the RM (Residential Medium) Future Land Use Category as 9
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September 30, 2003
Page 3
Subject: Pelican Bay
Major Site Plan
dwelling unit per acre. The Pelican Bay project proposes a density ot 3.75
dwelling units per acre.
Policy 1.1.1.4 ot the St. Lucie County Comprehensive Plan establishes the
calculation ot gross residential density on lands that lie above the mean high
water elevation and provide for the ability to transfer/cluster of residential density
form wetland and other sensitive or unique environmental habitats to upland
areas on contiguous property. The propose site layout for the Pelican Bay
project allows for residential density to be calculated including the lands area of
the wetlands.
Policy 1.1.10.1 provides for the enforcement of the Hutchinson Island Residential
District. The Pelican Bay project is located within the HIRD (Hutchinson Island
Residential District) and has been determined to be consistent with Section
3.01.03AA, Hutchinson Island District, of the Land Development Code.
B. EFFECT ON NEARBY PROPERTIES
1. The proposed building or use will not have an undue adverse effect upon
nearby property, the character of the neighborhood, traffic conditions,
parking, utility facilities, and other matters affecting the public health,
safety, and general welfare.
The proposed Pelican Bay project has been determined to not have an
undue or adverse effect upon nearby properties. The surrounding areas
consists of vacant residential multi-family to the north; single-family
residential home sites to the south, Ocean Harbor Villas and Altamira to
the east with Ocean Harbor South being farther to the east across SR A-1-
A and the Ft. Pierce Cut to the west.
The developers of the Pelican Bay project have submitted a traffic impact
report assessing the impacts of the projecL At this time, there is projected
to be sufficient capacity on State Road A-1-A to support the proposed
project. State Road A-1-A within this area is a 2-lane undivided Urban
Primary Arterial roadway section. The project entrance is proposed to be
aligned with the entrance to the Altamira Condominium. The travel lanes
are 12 feet in width and the roadway facility has 100 feet in right-ot-way
width. State Road A-1-A in this area functions at a Level-of-SeNice AlB.
The development is not expected to cause any ot the existing
transportation links in this area to fall below an acceptable minimum level
ot seNice.
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September 30, 2003
Page 4
Subject: Pelican Bay
Major Site Plan
St. Lucie County Utilities Department will be servicing the proposed
project with water and sewer. The applicant has provided verification
from this entity that sufficient capacity is available to meet the demands of
the-project.
2. All reasonable steps have been taken to minimize any adverse effect of
the proposed building or use on the immediate vicinity through building
design, site design, landscaping, and screening.
The applicant for the proposed project has designed the project in a
manner that minimizes the impact to existing wetlands found on-site. The
applicant has applied for a shoreline variance to allow the construction of
an access road to the southern portion of the property.
The applicant has designed the project in a manner that minimizes
impacts to adjacent properties and the onsite wetlands. The presence of
a small tidal lagoon effectively bisects the property into two separate
pieces and limits the applicant's ability to provide internal access to the
southern 2/3's of the property. Access to the area south of the small
lagoon is not available from any other approacb due to intervening
property ownerships between the subject site and the nearest public
rights-of-way. The applicant has reported that they attempted to acquire
some additional property in the vicinity of the narrowest portion of the
property east of the lagoon in order to have sufficient property to locate
the access road outside of the required 50-foot buffer. The applicant
failed in his endeavors to obtain additional property.
3. The proposed building or use will be constructed, arranged, and operated
so as not to interfere with the development and use of neighboring
property, in accordance with applicable district regulations.
The design of the proposed .project has been determined not to interfere
with. the development or use of neighboring properties.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed building or use complies with the standards of Chapter V,
Adequate Public Facilities.
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September 30, 2003
Page 5
Subject: Pelican Bay
Major Site Plan
The developers of the Pelican Bay project have submitted a traffic impact report
assessing the impacts of the project. At this time, there is projected to be
sufficient capacity on State Road A-1-A to support the proposed project. State
Road A-1-A in this area functions at a Level-of-Service AlB. The development is
not expected to cause any of the existing transportation links in this area to fall
below an acceptable minimum level of service. The proposed project has one
entry point that aligns with the entrance to Altamira Condominium.
St. Lucie County Utilities Department will be servicing the proposed project with
water and sewer. The applicant has provided verification from this entity that
sufficient capacity is available to meet the demands of the project.
D. ADEQUACY OF FIRE PROTECTION
The applicant has obtained from the St. Lucie County Fire District written
confirmation that the proposed site plan conceptually meets the minimum access
and water supply requirements for fire protection services at this facility.
The applicant has obtained confirmation from the St. Lucie County Fire District
that the proposed plan conceptually meets the minimum access and water
supply requirements for fire protection services at this facility.
E. ADEQUACY OF SCHOOL FACILITIES
The proposed building or use will be served by adequate school facilities.
The: Pelican Bay project will be served by adequate school facilities. Student
assignments will be made consistent with applicable St. Lucie County Board of
Education standards and regulations. The Pelican Bay project will be subject to
the County's Educational Impact Fee Ordinance.
F. ENVIRONMENTAL IMPACT
For developments required to provide an environmental impact report under
Section 11.02.09(A){5), the proposed development will not contravene any
applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter
VIII, "Natural Environment Analysis·, of the St. Lucie County Barrier Island Study
Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc.
(August, 1982).
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September 30, 2003
Page 6
Subject: Pelican Bay
Major Site Plan
The proposed Pelican Bay project site occupies approximately 33.31 acres
(17.76 acres are located east of the Ft. Pierce Cut and 15.5 acres lying west of
the Ft. Pierce Cut) that contains environmentally sensitive lands. The developers
of this project have submitted the required environmental impact report for this
site. The general plant communities found on the site include: Cabbage Palm,
Open Water, Mangrove swamp (Red, White and Black Mangroves), Spoil area
and disturbed lands.
The property is dominated by the mangrove wetland (13.75 acres) with primarily
red, white and black mangroves. The disturbed area (14.77 acres) which was
previously cleared and has become overgrown with various weed species
including but not limited to ragweed, Spanish needle, Brazilian pepper, Virginia
creeper, cabbage palms and black and white mangrove. The remaining property
area is spoil (0.75 acres) which is dominated by Australian pine and Brazilian
pepper; cabbage palm (0.86 acres) which is dominated by cabbage palmetto;
open water (3.18 acres) which includes the open estuarine water of the Ft. Pierce
Cut, the man-made canal and lagoon area. Mangroves, Australian pine and
Brazilian pepper fringe the open water habitat.
Manarove Swamp Habitat
The site proposed for development contains 13.75 acres of mangrove swamp
wetlands. The applicant is proposing to impact 0.91 acres of the mangf'OVG
wetland ha"bitat. The remaining 12.83 acres of mangrove wetland habitat will be
enhanced via removal of exotic plant species and will be preselved.
The ±1 0.1 O-acre wetland located west of the Ft. Pierce Cut consists of a
mangrove mix dominated by red mangroves and impacted by exotic species and
a berm. In addition, the !idallagoon contains a fringe mangrove community that
is approximately 1.89 acres in size and lies east of the Ft. Pierce Cut and
surrounds the tidal lagoon. The applicant is proposing to impact 0.07 acres of
this wetland. There is an additional isolated jurisdictional wetland which is
approximately 0.84 acres in size located in the southwestern portion if the site.
The applicant is proposing to impact this entire wetland area. Further, the
applicant is proposing to preserve the northern-most wetland (0.6Sacres), lying
east of the Ft. Pierce Cut in its entirety.
Proposed Wetland Mitiaation
In order to mitigate the proposed impacts, the applicant proposes to preserve
and enhance a total of 2.47 acres of wetland. Exotic species will be hand
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Seplember 30,2003
Page 7
Subject: Pelican Bay
Major Sile Plan
removed and treated with appropriate herbicides. Any barren areas within the
preserved areas will be planted with red mangroves.
In addition, the applicant proposes to-preserve and enhance the 10.10-acre
wetland lying west of the Ft. Pierce Cut via removal of exotic species and
improving the natural hydrology by removing the berm along the Ft. Pierce Cut.
Native Vegetation will also be planted in those areas previously containing exotic
species, as the species are removed.
Further, the applicant is proposing to create an additional 1.21 acres of wetland
by removing the spoil area located on the west side of the Ft. Pierce Cut and
planting the area with red mangrove seedlings.
With the proposed impacts and the proposed mitigation efforts, the applicant's
Environmental Report indicates that there will be no net loss of wetland function
or value.
Upland habitat
The site proposed for development contains 0.86 acres of cabbage palmetto
vegetative community. Of the total 0.86 acres, the applicant proposes to impact
0.46 acres by development. This will leave 0.4 acres being preserved onsite,
which exceeds the County 25% preservation criteria.
Gopher Tortoise
The applicant's Environmental Report indicates that there are approximately
eight gopher tortoise burrows located on the site. Of these, six burrows were
active and two 'were inactive. Based upon the Florida Fish and Wildlife
Conservation Commission's (FFWCC) formula, the estimated gopher tortoise
population for this site is five. The applicant tested the gopher tortoise population
for the Upper Respiratory Tract Disease (URTD) and the results were negative.
The applicant proposes to relocate the gopher tortoises off-site to the Bluefield
Ranch. Approximately 1.67 acres of suitable gopher tortoise habitat will be
required at the Bluefield Ranch mitigation site to accommodate the proposed
population from this site. Off-site relocation is an acceptable mitigation effort to
preserve the population. The applicant is currently working with FFWCC to
obtain the proper relocation permits for this site.
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September 30, 2003
Page 8
Subject: Pelican Bay
Major Site Plan
COMMENTS:
The applicant, Robert C. Schwebke through Agent Harold G. Melville, Esquire, has
applied for major site plan approval fer the project to be known as Pelican Bay, which is
a proposed 66-unit multiple-family project consisting of 12- four-family units and 3-six-
family units located on 17.611 acres of a 33.31 acre site. The project qualifies to be
reviewed as a major site plan because it is over 49 total units.
Prior to any approvals of the subject project, a shoreline variance to allow for the
reduction of the shoreline setback from 50 feet to 0 feet will be required to be approved
by this Board.
Attached is a copy of Draft Resolution 03-182, which, if approved, would grant this
request for a Major Site Plan Approval, subject to the following conditions:
1. Prior to the issuance of any Land Clearing Permits for the Pelican Bay project,
the developers shall clearly delineate all areas to be preserved and/or protected.
Delineation shall be by either the placing of silt fencing, safety fencing or similar
type of materials. Flagging shall not be used except to guide the installation of
the fencing materials. All land clearing activities shall be in accordance to the
specific conditions/standards outlined in the Land Clearing Permit.
2. No encroachments shall be permitted within the preserved wetland, mangrove
swamp or 50-foot vegetative buffer area. This shall include walkways,
boardwalks.or boat docks, except for the area designated on the site plan as the
proposed boardwalk and as may be allowed by Resolution 03-181. If the
developers desire in the future to install any further facilities they may only do so
as a major adjustment to the site plan subject to approval of the Board of County
Commissioners.
3. Prior to installation of the boardwalk, the applicant shall be required to submit a
minor revision to the major site plan indicating the location of the boardwalk and
assess all impacts from the boardwalk on the preserved wetland/lagoon. The
applicant shall coordinate the field staking of any proposed boardwalk with the
County Environmental Resources Department.
4. The project is indicated to be a gated community, however, there are no entrance
walVfence indicated on the site plan. Should the developer desire to install any
entrance features other than that proposed on the Landscape Plan, a minor
revision to the major site plan consistent with St. Lucie County regulations shall
be required to be submitted for review and approval.
5. Prior to the issuance of a land-clearing permit, the developers shall submit to St.
Lucie County a detailed planting plan and performance schedule for the removal
of all exotics found within the preserve areas lying east and west of the Ft. Pierce
.
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September 30, 2003
Page 9
Subject: Pelican Bay
Major Site Plan
Cut. This Plan shall include a specific schedule as to when these efforts will be
completed.
6. Prior to the issuance of a land-clearing permit, the applicant shall submit a copy
of the Conservation Easement affecting the river wetland areas and tidal lagoon
area of this site including all upland buffers to St. Lucie County for review and
approval. Any required conservation easements shall be in favor of St. Lucie
County.
7. Prior to the removal of any vegetation from the construction area of the
development, the applicant's representative and County staff shall identify any
gopher tortoises located in the proposed construction area and relocate these
tortoises according to the management plan.
8. The applicant shall be required to repair any damages to the existing sidewalk
along SR A-1-A resulting from improvements to the proposed project site.
9. Pursuant to Section 3.01.03(AA)(7)(A) of the St. Lucie County Land Development
Code, the first ten (10) units of this project will be subject to only the standard road
impact fee for the type of proposed construction. The remaining fifty (50) units will
be subject to the Alternate Development Fee of $2,336 per dwelling unit, which
Includes the required road Impact fee. All 66 units will be subject to all other
required Impact fees and any other fee or assessment that St. Lucie County may
lawfully assess. .
Staff recommends approval of Draft Resolution 03-182.
Please let me know if you have any questions.
SUBMITTED:
Dennis J. Murphy, AICP
Community Development Director
hI
ce: Harold G. Melville, Esq.
Greg Boggs
County Administrator
County Attorney
Public Works Director
Planning Manager
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RESOLUTION 03-182
FILE NO.: MJSP-02-o09 & BCC-03-009
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT KNOWN AS PELICAN SAY
WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Robert C. Schwebke, has applied for a major site plan approval for the project to be
known as Pelican Bay consisting of 12-four-family units and 3-six-family units for a
total of 66 units for property located on the west side of North A-1-A, directly across
from the Altamira Condominiums and to the west of the Ocean Harbor Villas
Condominiums in the HIRD (Hutchinson Island Residential District) Zoning District
for the property described in Part B.
2. The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet minimum technical requirements of the SI. Lucie County
Land Development Code and to be consistent with the future land use maps from
the SI. Lucie County Comprehensive Plan.
3. The proposed project is consistent with the general purpose, goals, objectives, and
standards of the SI. Lucie County Land Development Code, the SI. Lucie County
Comprehensive Plan, and the Code of Ordinances of SI. Lucie County.
4. The proposed project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other
matters affecting the public health, safety, and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect of the
proposed project on the immediate vicinity through building design, site design,
landscaping and screening.
6. The proposed project will be constructed, arranged and operated so as not to
interfere with the development and use of neighboring property, in accordance with
applicable district regulations.
7. The proposed project will be served by adequate public facilities and services.
8. The applicant has applied for and received a revised certificate of capacity, a copy of
which is attached to this order as Exhibit A, as required under Chapter V, SI. Lucie
County Land Development Code.
FileNo.:MJSP-02-009
October 7, 2003
Resolution 03-182
Page 1
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie
County, Florida:
A. Pursuant to Section 11.02.05 of the SI. Lucie County Land Development Code, the site
plan for the project known as Pelican Bay, is hereby approved as shown on the site plan
drawings for the project prepared by Thomas Lucido & Associates, Inc. dated June 21,
2002 and last revised on July 15, 2003, and date stamped received by the SI. Lucie
County Community Development Director on July 18, 2003, for the property described
below, subject to the following condition:
1. Prior to the issuance of any Land Clearing Permits for the Pelican Bay project,
the developers shall clearly delineate all areas to be preserved and/or
protected. Delineation shall be by either the placing of silt fencing, safety
fencing or similar type of materials. Flagging shall not be used except to
guide the Installation of the fencing materials. All land clearing activities shall
be In accordance to the specific conditions/standards outlined in the Land
Clearing Permit.
2. No encroachments shall be permitted within the preserved wetland, mangrove
swamp or 50-foot vegetative buffer area. This shall Include walkways,
boardwalks or boat docks, except for the area designated on the site plan as
the proposed boardwalk and as may be allowed by Resolution 03-181. If the
developers desire in the future to install any further facilities they may only do
so as a major adjustment to the site plan subject to approval of the Board of
County Commissioners.
3. Prior to Installation of the boardwalk, the applicant shall be råqulred to submit
a minor revision to the major site plan Indicating the location of the boardwalk
and assess all Impacts from the boardwalk on the preserved wetlandllagoon.
The applicant shall coordinate the ffeld staking of any proposed boardwalk
with the County Environmental Resources Department.
4. The project is Indicated to be a gated community, however, there are no
entrance walVfence Indicated on the site plan. Should the developer desire to
install any entrance features other than that proposed on the Landscape Plan,
a minor revision to the major site plan consistent with St. Lucie County
regulations shall be required to be submitted for review and approval.
5. Prior to the Issuance of a land-clearing permit, the developers shall submit to
St. Lucie County a detailed p~antlng plan an.d performance scbedule for the
removal of all exotics found within the preserve areas lying east and west of
the Ft. Pierce Cut. This Plan shall Include a specific schedule as to when'
these efforts will be completed.
6. Prior to the Issuance of a land-clearing permit, the applicant shall submit a
copy of the Conservation Easement affecting the river wetland areas and tidal
lagoon area of this site Including all upland buffers to St. Lucie County for
FileNo.:MJSP-02-o09
October 7, 2003
Resolulion 03·182
Page 2
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review and approval. Any required conservation easements shall be In favor of
SI. Lucie County.
7. Prior to the removal of any vegetation from the construction area of the
development, the applicant's representative and County staff shall identify any
gopher tortoises located in the proposed construction area and relocate these
tortoises according to the management plan.
8. The applicant shall be required to repair any damages to the eXisting sidewalk
along SR A-1-A resulting from improvements to the proposed project site.
9. Pursuant to Section 3.01.03(AA)(7)(A) of the SI. Lucie County Land
Development Code, the firstten (10) units of this project will be subjecHo only
the standard road impact fee for the type of proposed construction. The
remaining fitty (50) units will be subject to the Alternate Development Fee of
$2,336 per dwelling unit, which Includes the required road Impact fee. All 66
units will be subject to all other required Impact fees and any other fee or
assessment that SI. LucIe County may lawfully assess.
The property on which this Major Site Plan is being granted is described as follows:
THE NORTH 308.54 FEET OF THE SOUTH 2608.54 FEET OF GOVERNMENT LOT 1 IN
THE NORTH Y. OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AS
MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1
AS SHOWN ON A PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK
8, PAGE 21, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LESS AND
EXCEPTING THE RIGHT-OF-WAY FOR STATE ROAD A-1-A.
TOGETHER WITH:
THE NORTH '600.00 FEET OF THE SOUTH 2300 FEET OF GOVERNMENT LOT 1 IN THE
NORTH Y. OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE
COUNTY, FLORIDA AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID
GOVERNMENT LOT 1, AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23, AS
RECORDED IN PLAT BOOK 8, PAGE 21, OF ST. L,UCIE COUNTY, FLORIDA, PUBLIC
RECORDS, LYING WEST OFTHE RIGHT-OF-WAY OF STATE ROAD A-1-A, LESS AND
EXCEPTING THE FOLLOWING DESCRIBED PARCEL:
BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY OF STATE ROAD
A-1-A WITH THE NORTH LINE OF THE SOUTH 2300 FEET OF GOVERNMENT LOT 1;
THENCE, SOUTH 18°29'30" EAST ALONG THE SAID RIGHT-OF-WAY OF STATE ROAD
A-1-A, A DISTANCE OF 631.16 FEET; THENCE RUN SOUTH 89°35'10" WEST, A
DISTANCE OF 245.28 FEET; THENCE RUN NORTH 18°29'30" WEST, A DISTANCE OF
205.87 FEET; THENCE RUN SOUTH 71 °30'30" WEST, A DISTANCE OF 205.36 FEET;
THENCE RUN NORTH 18°29'30" WEST, A DISTANCE OF 492.32 FEET; THENCE RUN
NORTH 89°35'10" EAST, A DISTANCE OF 461.30 FEET TO THE POINT OF BEGINNING.
Fj eNo.:MJSP-02·009
October 7, 2003
Resolution 03·182
Page 3
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ALL LANDS LYING IN SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST.
LUCIE COUNTY, FLORIDA.
TOGETHER WITH:
AN INGRESS AND EGRESS EASEMENT AS ET FORTH IN THAT DECLARATION OF
EASEMENT, DATED SEPTEMBER 28,1982, RECORDED OCTOBER 4,1982, IN OR
BOOK 385, PAGE 326, AND AS SET FORTH IN WARRANTY DEED DATED APRIL 18,
1983, RECORDED APRIL 20, 1983, IN OR BOOK 399, PAGE 259, AlL IN THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA, SUBJECT TO PROVISIONS OF COURT
ORDER IN CASE NO. 92-218 CA-17 AS RECORDED IN OP BOOK 795, PAGE 325, IN
THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. (TAXrD''S: 1423-120-0010-000/4
AND 1423-120-0006-00013)
(Location:
West sIde of North A-1-A, directly across from the Altamira
Condominiums and to the west of the Ocean Harbor Villas
Condominiums.)
The approvals and authorizations granted by this Resolution for the purpose of obtaining
building permits on this property and the approvals granted under the resolution shali
remain effective for the remaining validity period of the Pelican Bay major site plan.
The Final Site Plan approval granted under this resolution is specificaliy conditioned to the
requirement that the petitioner, Robert C. Schwebke, including any successors in interest,
shali obtain ali necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities, including but nót limited to; the United
States Army Corps of Engineers, the Florida Department of Environmental Protection, and
the South Florida Water Management District, prior to the issuance of any local building
permits of authorizations to commence development activities on the property described in
Part B.
A copy of this resolution shali be attached to the site plan drawings described in Part A,
whiqh plan shali be placed on file with the SI. Lucie County Community Development
Director.
The revised certificate of capacity, attached as Exhibit A, shali be valid for the same period
as this order. If this-order expires Or otherwise terminates, the certificate of capá'city shall
automaticaliy terminate.
A copy of this Order shali be mailed, return receipt requested to the developer and agent
of record as identified on the site plan applications.
FileNo.:MJSP·02·009
Oerober 7, 2003
Resolution 03·182
Page 4
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H. A copy of this Order shall be attached to the site plan drawings described in Section A,
which plan shall be on file with the St. Lucie County Community Development Director.
L This Order shall be recorded in the Public Records of St. Lucie County.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes
xxx
Vice-Chairman Paula A. Lewis
xxx
Commissioner Frannie Hutchinson
xxx
Commissioner Doug Coward
xxx
Commissioner John D. Bruhn
xxx
PASSED AND DULY ADOPTED this 7111 Day of October 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
Deputy Clerk
County Attorney
cs/DJM
H:IWORDlRESOLUTIONlFINISHED.03IPelicanBay.SPIPelicanBay.doc
FileNo.:MJSp·02-009
October 7, 2003
Resolution 03-182
Page 5
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Certificate of Capacity
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FileNo.:MJSP·02-009
October 7, 2003
.,
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Resolution 03-182
Page 6
COMMISSION ACTION:
rn APPROVED D DENIED
D OTHER
..,
---
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
County Attorney
Originating Dept.:
Finance:
'-
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Agenda Request
Item Number
Date:
~~
10/21/03
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[ ]
[X]
Quasi-JD [ X ]
Board of County Commissioners
Community Development
Consider Draft Resolution 03-232 granting hange in Zoning m the AG-1
(Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zo ing District for
property located on the east side of Kings Highway, approximately 2,500 feet south of
Angle Road.
T & T Land, Ltd., has requested a change in zoning for 19.11 acres of land located on the
east side of Kings Highway, approximately 2,500 feet south of Angle Road. The stated
purpose for the rezoning is to develop the property for industrial light uses. (File No: RZ-
03-032)
N/A
At the September 18, 2003, public hearing on this matter, the 51. Lucie County
Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of the
requested change in zoning to the IL (Industrial, Light) Zoning Dlstricl.
Staff recommends approval of Draft Resolution 03-232.
Approved (4·0) Barnes·Absent
-
CURRENCE:
%
Coordination! Signatures
Mgt. & Budget
Other:
Purchasing:
Other:
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Commission Review: October 21, 2003
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
MEMORANDUM
TO: County Commission
FROM: Community Development Director
DATE: October 15, 2003
SUBJECT: Application of T & T Land, Ltd., for a Change in Zoning from the AG-1
(Agricultural- 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning
District.
LOCATION: East side of North Kings Highway, approximately 2,500
feet south of Angle Road
EXISTING ZONING: AG-1 (Agricultural-1 du/acre)
PROPOSED ZONING:
IL (Industrial, Light)
IND (Industrial)
FUTURE LAND USE:
PARCEL SIZE:
19.11 acres
PROPOSED USE:
PERMITTED USES:
Industrial Light uses
Attachment "A" - Section 3.01.03(T) IL (Industrial, Light) -
contains the designated uses, which are permitted by right,
permitted as an accessory use, or permitted through the
conditional use process. Any use designated as a
"Conditional Use" is required to undergo further review and
approvals. Any use not found within the zoning district
regulations are designated as prohibited uses for that
district
SURROUNDING ZONING:
AG-1 (Agricultural - 1 du/acre) to the north, south, and
west. AR-1 (Agricultural, Residential - 1 du/acre) to the
east. IL (Industrial, Light) to the southwest.
SURROUNDING LAND USES:
The general existing use surrounding the property is
agricultural and some proposed industrial.
'"'"
'w!I
October 15, 2003
Page 2
Subject: T & T Land, Ltd.
File No.: RZ-03-032
FIRE/EMS PROTECTION:
The Future Land Use Classification ot the surrounding
area is IND (Industrial) to the north, south, and west. RU
(Residential Urban) is located to the east.
Station #4 (4000 St. Lucie Boulevard), is located
approximately 5.5 miles to the northeast.
UTILITY SERVICE:
The subject property is in the Ft. Pierce Utilities Authority
(FPUA) service area.
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
The existing right-ot-way for North Kings Highway is 70
teet. Additional right-of-way will be required as a part of
any future development of the subject property.-
SCHEDULED
IMPROVEMENTS:
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
None.
Concurrency Deferral Affidavit.
***********************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions
of the St. Lucie County Land Development Code;
The proposed zoning district is consistent with the St. Lucie County Land
Development Code and has met the standards of 11.06.03.
2. Whether the proposed amendment is consistent with all elements of the St.
Lucie County Comprehensive Plan;
The proposed change in zoning is consistent with all elements of the St. Lucie
County Comprehensive Plan. The request is compatible with the IND (Industrial)
Future Land Use classification, which allows light industrial zoning.
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October 15, 2003
Page 3
Subject: T & T Land, Ltd.
File No.: RZ-03-032
Policy 1.1.2.4 establishes a site assessment process to evaluate the potential
conversion of existing agricultural land uses to non-agricultural land uses in a
rational and orderly manner.
The proposed zoning change meets this policy by:
a. being compatible with adjacent land uses;
b. maintaining the viability of continued agricultural uses on adjacent lands;
c. containing soils suitable for urban use as defined by the 5t. Lucie County
soil survey;
d. being suitable with existing site specific land characteristics;
e. being consistent with comprehensive development plans;
f. having available the necessary infrastructure concurrent with the
anticipated demands for development; and,
g. avoids the extension of the urban services boundary to create any
enclaves, pockets, or finger areas in serpentine patterns.
Policy 1.1.8.10 encourages the use of existing commercial and industrial
designated lands within the urban seNÎce area, through requiring a strict
demonstration of service availability, before authorizing Land Uses and Zoning
Amendments in areas not presently indicated as having such a designation.
The proposed change in zoning meets this policy as it is the urban service area
and is within the Ft. Pierce Utility Authority's service area.
Policy 1.1.11.3 Identifies standards to be used in determining the suitability of
new property for designation as Light Industrial.
The proposed change in zoning meets this policy by meeting the following
criteria:
1. Light industrial property should have available to it central water services
necessary for both domestic and fire protection purposes.
2. Light industrial property should not be located within 500 feet of aquatic
preserve or other specially designated aquatic habitat.
3. New light industrial areas should have immediate access to the regional
transportation network.
4. New light industrial property should not be located within 500 feet of any
area designated as preferred residential.
5. New light industrial property should have a minimum lot size of one acre.
3. Whether and the extent to which the proposed zoning is Inconsistent with
the existing and proposed land uses;
'-'
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October 15, 2003
Page 4
Subject: T & T Land, Ltd.
File No.: RZ-03-032
The proposed IL (Industrial, Light) Zoning is consistent with the existing and
proposed industrial uses in the area. Though many of the surrounding properties
are designated for commercial agricultural use, the future land use classification
of the area anticipates industrial to be the ultimate use of the properties. The
property to the east is residentially designated. Consistency with this property
can be maintained by the use of adequale buffers, which will be considered as a
site plan is reviewed.
4. Whether there have been changed conditions that require an amendment;
Conditions have not changed so as to require an amendment, however, the
subject property is in an area designated for industrial use and there is an
existing 8-lot light industrial subdivision - Kings Crossing Park of Commerce -
located to the southwest. This project lies within the Urban Services Boundary.
5. Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether or to the extent to which the
proposed amendment would exceed the capacity of such public facilities,
including but not limited to transportation facilities, sewage facilities, water
supply, parks, drainage, schools, solid waste, mass transit, and emergency
medical facilities;
The intended use for this rezoning is not expected to create significant additional
demands on public facilities in this area. Any development will need to
demonstrate that there are adequate public facilities in the area to support
development of an industrial use.
6. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment;
The proposed amendment is not anticipated to create adverse impacts on the
natural enviror;¡ment. Any development will be required to comply with all state
and local environmental regulations. The subject property is the location of a
defunct grove operation.
7. Whether and the extent to which the proposed amendment would result in
an orderly and logical .development pattern specifically Identifying any
negative affects of such patterns;
The proposed amendment would ultimately result in an orderly and logical
development pattern. The Kings Crossings Park of Commerce, an 8 lot industrial
subdivision, is located to the southwest of the subject property.
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;
'-'
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October 15, 2003
Page 5
Subject: T & T Land, Ltd.
File No.: RZ-03-032
The proposed amendment is not in conflict with the public interest and is in
harmony with the purpose and intent of the St. Lucie County Land Development
Code. The surrounding area is considered future industrial, except for the
residentially designated area to the east, which can be adequately buffered.
COMMENTS
The petitioner, T & T Land, Ltd., has requested this change in zoning from the AG-1
(Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District on property
located on the east side of North Kings Highway, approximately 2,500 feet south of Angle Road
in order to allow the property to be developed for light industrial uses. The Kings Crossings
Park of Commerce, an 8 lot industrial subdivision, is located to the southwest of the subject
property.
At the September 18, 2003, public hearing on this matter, the St. Lucie County Planning and
Zoning Commission, by a vote of 9 to 0, recommended approval of the requested change in
zoning from the AG-1 (Agricultural- 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning
District.
Attached is a copy of Section 3.01.03(T) - IL (Industrial, Light), of the St. Lucie County Land
Development Code, which delineates the permitted, accessory, and conditional uses allowed in
this zoning district.
Staff has reviewed this petition and determined that it conforms to the standards of review as
set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in
conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan.
Staff recommends that the Board approve the petition for a change in zoning from the AG-1
(Agricultural - du/acre) Zoning District to the IL (Industrial, Light) Zoning District.
Attached is a copy of Draft Resolution 03-232, which, if approved, would grant a change in
zoning from the AG-1 (Agricultural-1 du/acre) Zoning District to the IL (Industrial, Light) Zoning
District.
Please let me know if you have any questions.
SUBMITTED:
irector
ee: County Administrator
County Attorney
Planning Manager
AI Broduer, Thomas Lucido & Associates, Inc.
File
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RESOLUTION 03·232
FILE NO.: RZ.o3.o32
A RESOLUTION GRANTING A CHANGE IN ZONING FROM
THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING
DISTRICT TO' THE IL (INDUSTRIAL, LIGHT) ZONING
DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY,
FLORIDA
WHEREAS. the Board of County Commissioners of St Lucie County, Florida, based on the
testimony and evidence, including, but not limited to the staff report, has made the following
determinations:
1. T & T Land, Ltd.. presented a petition for a change in zoning from the AG-1 (Agricultural
_ 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District for the property
depicted on the attached maps as Exhibit "A" and described below.
2. On September 18, 2003, the St Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice at least 10 days prior to the hearing
and notifying by mail all owners of property within 500 feet of the subject property, and
recommended that the Board of County Commissioners approve a change in zoning
from the AG-1 (Agricultural-1 du/acre) Zoning District to the IL (Industrial, Light) Zoning
District
3. On October 21,2003, this Board held a public hearing on the petition, after publishing
notice at least 10 days prior to the hearing and notifying by mail all owners of property
within 500 feet of the subject property.
4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of
the St Lucie County Land Development Code and is consistent with the goals,
objectives, and policies of the St Lucie County Comprehensive Plan.
5. The proposed change in zoning is consistent with the existing and proposed use of
property in the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St Lucie
County, Florida:
A. The proposed Change in the Zoning District Classification from the AG-1 (Agricultural-
1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District for that property
depicted on the attached maps as Exhibit "A" and described as follows:
File No.: RZ-03-032
October 21 , 2003
Resolution 03-232
Page 1
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THE NORTH Y, OF THE NORTHWEST 'I. OF THE SOUTHWEST V. OF SECTION 1, TOWNSHIP
35 SOUTH, RANGE -39 EAST. (Part ofTax ID#: 2301-311-0015-000/3)
East side of Kings Highway, approximately 2,500 feet south of Angle
Road)
owned by T & T Land, Ltd., is hereby approved.
(Location:
B. The St. Lucie County Community Development Director is hereby authorized and
directed to cause the change to be made on the Official Zoning Map of St. Lucie County,
Florida, and to make notation of reference to the date of adoption of this resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes
xxx
Vice-Chairman Paula A. Lewis
xxx
Commissioner Frannie Hutchinson
xxx
Commissioner Doug Coward
xxx
Commissioner John D. Bruhn
xxx
PASSED AND DULY ADOPTED This 21 st Day of October 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
Deputy Clerk
County Attorney
hi
H:\WORD\Petitions\BCC\Flnished.03\T& TLand.RZ\T& TLandRES.doc
File No.: RZ·03-o32
October 21, 2003
Resolution 03-232
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ThllIIIIp,.œ.,OCII1'fIIedb'gennI~nl'lleNnÞt~lrit. N
~~IIIarIt-.bMn""III~"IIIOII""""ro:I-"'"
WOrmIöan..........noI~b'U...lIgIIIytnllna~
~ This pattern indicates
subject parcel
,
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AGENDA ITEM 5: T&T LAND LTD. - File No. RZ-03-032:
Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 5 was the application of
T & T Land, Ltd., for a Change in Zoning from the AG-I (Agricultural - 1 dulacre) Zoning
District to the II. (Industrial, Light) Zoning District for 19.11 acres of property located on the
East side of North Kings Highway, approximately 2,500 feet south of Angle Road. He advised
that the petitioner had requested this change in zoning in order to allow the property to be
developed for light industrial uses. He also stated that the Kings Crossings Park of Commerce,
an 8 lot industrial subdivision, is located to the southwest of the subject property.
Staff has reviewed this petition and detennined that it confonns to the standards of review as set
forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is
recommending that you forward this petition to the Board of County Commissioners with a
recommendation of approval.
Mr. Al Brodeaur, Thomas Lucido and Associates, stated that he represented the petitioner T&T
Land, Ltd. He stated they concurred with the staff report and recommendation. He advised that
in the past the County had intended, at one time, for this area to be a light industrial area. He
continued that with the access to the highway, scheduled road improvements, lack of residential
uses, and the market climate has become more favorable for light industrial development. He
stated that caddy corner across the street was approved and being developed as a small light
industrial park and believe this rezoning would be consistent with the surrounding area.
Chairman Merritt opened the public hearing.
Mr. Kenny Hogan, a representative of Hogan Brothers Welding, stated that they are the neighbor
to the north, which is zoned II. (Industrial, Light) and he recommended approval of this request.
Seeing no one, Chairman Merritt closed the public hearing.
Mr. McCurdy stated that after considering the testimony presented during the public
hearing, including staff comments, and the Standards of Review as set forth in Section
11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and
Zoning Commission recommend that the St. Lucie County Board of County
Commissioners grant approval to tbe application of T&T Land, Ltd., for a Change in
Zoning from the AG-l (Agricultural - 1 du/acre) Zoning District to the IL (Industrial,
Light) Zoning District because that has been the trend in this area. I believe it is going to
continue to be the trend and that has been expressed in the several other rezonings in the
area.
Motion seconded by Mr. Grande.
Upon a roll call vote the motion was approved unanimously (with a vote of 9-0) and
forwarded to the Board of County Commissioners with a recommendation of approval.
P & Z I LP A Meeting
September 18, 2003
Page 14
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October 10, 2003
COMMUNITY
DEVELOPMENT
DIRECTOR
BOARD OF COUNTY
COMMISSIONERS
In accordance with the St. Lucie County Land Development Code, you are hereby advised that T&T LAND,
LTD., has petitioned St. Lucie County for a Change in Zoning from the AG-I (Agricultural - 1 dulacre)
Zoning District to the II.. (Industrial, Light) Zoning District for the following described property:
Location:
East side of North Kings Highway, approximately 2,500 feet south of Angle
Road.
THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST
The second public hearing on the petiJion wül be held at 7:00 P.M., or as soon thereafter as possible, on
October 21, 2003, CounJy CommissiOlrer's Chambers, St. Lucie County AdministraJion Building Annex,
2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard
at that time. Written comments received in advance of the public hearing will also be considered. The
County Planning Division should receive written comments to the Board of County Commissioners at least 3
days prior to a scheduled hearing.
County policy discourages communication with individual County Commissioners on any case outside of the
scheduled public hearing(s ). You may speak at a public hearing, or provide written comments for the record.
The proceedings of the County Commission are electronically recorded. If a person decides to appeal any
decision made by the County Commission with respect to any matter considered at such meeting or hearing,
he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn
in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying
during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-<:ertain.
-(\nyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie
County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777
or T.D.D. 772/462-1428.
If you no longer own property adjacent to the above-described parcel, please forward this notice to the new
owner. Pleas~ call 772/462-1582 if you have any questions, ¡¡nd refer to: File Number RZ-03-032
Sincerely,
ST. LUCIE COUNTY BOARD OF OMMISSIONERS
/' ~'7S/ ~,
~~¿,halnnan
JOHN D. ßfl.UHN. District NO.1' DOUG COWARD. District NO.2' PAULA A. LEWIS. District No. J . FRANN!E HUTCHINSON, Disrrier NO.4' CUFF ßARNES, District No.5
County Administrator - Douglas M. Anderson
2300 Virginio Avenue . Fort Pierce. FL 34982·5652
Adminisrrotion: (772) 462-1590 . Planning: (772) 462·2822 . GISrrechnicol Services: (772) 462·1553
Economic Development: (772) 462·1550 . Fax: (772) 462·1581
Tourisr/Convention: (772) 462·1529 . Fax: (772) 462·2132
www.co.st·lucie.fl.us
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0109 N011CE
,.,
ST. LUCIE COUN1Y·
BOARD OF
COMMISSIONERS '
PUBLIC HEARING
AGENDA
October 21, 2003
TO WHOM IT MAY CON'
CERN:
NOTICE is hereby given
in accordance with Sec-
tion 11.00.03 of the St.
Lucie County Land De,'
velopment Code and in
accordance with the pro·
visions of the St. Lucie
County Comprehensive
Plan, that the following
applicants have request·
ed that the SI. Lucie
County Board of Com·
missioners consider
their following requests:
3.FIRST BAPTIST\
CHURCH OF FT. PIERCE,
for a Conditional Use
Permit to allow educa·
tional services and f8CiIi-¡
ties in the I (Institutional)
and RF (Religious Facili-
tlesl Zoning Districts for
the following described
property:
11
1.GERHARD KAMPICHL'
ER, for a Change in Zon'
ing fro,m the CN (Co·
mmercial, Neighbor·
hood) Zoning District to
the CG (Commercial,
General) Zoning District \
for the following de·
scribed property:
17 35 40 N 12B.1 FT OF E
340.5 FT OF NE 1/4 OF
SE 1/4 OF NW 1/4 LESS
E 30 FT. (0.91 I\.C) (OR
297·1592)
Location:1123 South
33rd Street.
2.T&T LAND LTD., for a
Change in Zoning from
the AG·1 (Agricultural -
1 du/acre) Zoning Dis,
trict to the IL (industrial;
Light) Zoning District for
the following described
property:
NO.RTH 1/2 OF THE
NORTHWEST ,1/4 OF
THE SOUTHWEST 114,
OF SECTION 1·35-39 I
Location:East side 0,"\'
North Kings Highway,
approximately 2,500 feet ,
south of Angle Road. ,
333540 N 800 FTOF SW
1/4 OF SW 1/4-LESS W
40 FT AND LESS ADDN
R/W TO ST LUCIE C.o '
AS IN OR 729·165 (23.351
AC) (OR 702·737 THRUI
744:1194·2358) , \
Location:4500 South'
25th Street. '
PUBLIC HEARINGS willi
be held in the Commis·
sion Chambers Roger
Poitras Annex, 3;d Floor
St. Lucie County Admin:
istration Building 2300
Virginia Avenue' Fort
Pierce, Florida on' octo-
ber 21, 2003, beginning'
at 7:00 P.M. or as soon
thereafter as possible.
PURSUANT TO sectionl
286.0105, Florida Stat-'
utes, if a person decide"!
to appeal any decision
made by a board,agen·]
cy, or commissjon with
respect to any matter
considered, at a meeting
or hearing, he will need
~ record of the proceed·
Ings, and that, for such
purposes, he may need
to ensure that a verba·
tim record of tha pro·
ceedings is made which
record includes the testi-
mony and evide.nce
~pon which the appeal
IS to be based.
BOARD OF COMMIS-
SIONERS
ST. LUCIE COUNTY
FLORIDA '
ISI Cliff Barnes,CHAIR·
MAN '
Publish: October 10, 2.' ~,
330885 t:;;l
""TV ('\I: .::nOT OI~QrJ:
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Planning and Zoning Commission Review: 09/18/03
File Number RZ-03-032
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
DATE:
Planning and Zoning Commission
Planning Manager Oç\L.
September 10, 2003
TO:
FROM:
SUBJECT:
Application of T & T Land, Ltd., for a Change in Zoning from the AG-1
(Agricultural- 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning
District
LOCATION:
East side of North Kings Highway, approximately 2,500
feet south of Angle Road
EXISTING ZONING:
AG-1 (Agricultural-1 du/acre)
IL (Industrial, Light)
IND (Industrial)
PROPOSED ZONING:
FUTURE LAND USE:
PARCEL SIZE:
19.11 acres
PROPOSED USE:
Industrial Light uses
PERMITTED USES:
Attachment "A" - Section 3.01.03(T) IL (Industrial, Light) -
contains the designated uses, which are permitted by right,
permitted as an accessory use, or permitted through the
conditional use process. Any use designated as a
"Conditional Use" is required to undergo further review and
approvals. Any use not found within the zoning district
regulations are designated as prohibited uses for that
district
SURROUNDING ZONING:
AG-1 (Agricultural - 1 du/acre) to the north, south, and
west AR-1 (Agricultural, Residential - 1 du/acre) to the
east IL (Industrial, Light) to the southwest
SURROUNDING LAND USES:
The general existing use surrounding the property is
agricultural and some industrial.
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September 10, 2003
Page 2
Subject: T & T Land, Ltd.
File No.: RZ-03-032
The Future Land Use Classification of the surrounding
area is IND (Industrial) to the north, south, and west. RU
(Residential Urban) is located to the east.
UTILITY SERVICE:
Station #4 (4000 St. Lucie Boulevard). is located
approximately 5.5 miles to the northeast. .
The subject property is in the Ft. Pierce Utilities Authority
(FPUA) service area.
FIRE/EMS PROTECTION:
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
The existing right-of-way for North Kings Highway is 70
feet. Additional right-of-way will be required as a part of
any future development of the subject property.
SCHEDULED
IMPROVEMENTS:
None.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Concurrency Deferral Affidavit.
***********************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed rezoning is in co,nflict with any applicable portions
of the St. Lucie County Land Development Code;
The proposed zoning district is consistent with the St. Lucie County Land
Development Code and has met the standards of 11.06.03.
2. Whether the proposed amendment is consistent with all. elements of the St.
Lucie County Comprehensive Plan;
The proposed change in zoning is consistent with all elements of the St. Lucie
County Comprehensive Plan. The request is compatible with the IND (Industrial)
Future Land Use classification, which allows light industrial zoning.
Policy 1.1.2.4 establishes a site assessment process to evaluate the potential
conversion of existing agricultural land uses to non-agricultural land uses in a
rational and orderly manner. The proposed zoning change meets this policy by:
September 10, 2003
Page 3
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Subject: T & T Land, Ltd.
File No.: RZ-03-032
a.
b.
c.
being compatible with adjacent land uses;
maintaining the viability of continued agricultural uses on adjacent lands;
containing soils suitable for urban use as defined by the 5t. Lucie County
soil survey;
being suitable with existing site specific land characteristics;
being consistent with comprehensive development plans;
having available the necessary infrastructure concurrent with the
anticipated demands for development; and,
avoids the extension of the urban services boundary to create any
enclaves, pockets, or finger areas in serpentine pattems.
d.
e.
f.
g.
3. Whether and the extent to which the proposed zoning is inconsistent with
the existing and proposed land uses;
The proposed IL (Industrial, Light) Zoning is consistent with the existing and
proposed industrial uses in the area. Though many of the surrounding properties
are designated for commercial agricultural use, the future land use classification
of the area anticipates industrial to be the ultimate use of the properties. The
property to the east is residentially designated. Consistency with this property
can be maintained by the use of adequate buffers, which will be considered as a
site plan is reviewed.
4. Whether there have been changed conditions that require an amendment;
Conditions have not changed so as to require an amendment.
5, Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether or to the extent to which the
proposed amendment would exceed the capacity of such public facilities,
including but not limited to transportation facilities, sewage facilities, water
supply, parks, drainage, schools, solid waste, mass transit, and emergency
medical facilities;
The intended use for this rezoning is not expected to create significant additional
demands on public facilities in this area. Any development will need to
demonstrate that there are adequate public facilities in the area to support
opening of an industrial use.
6. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment;
The proposed amendment is not anticipated to create adverse impacts on the
natural environment. Any development will be required to comply with all state
and local environmental regulations. The subject property is the location of a
defunct grove operation.
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September 10, 2003
Page 4
Subject: T & T Land, Ltd.
File No.: RZ-03-032
7. Whether and the extent to which the proposed amendment would result in
an orderly and logical development pattern specifically identifying any
negative affects of such patterns;
The proposed amendment would ultimately result in an orderly and logical
development pattern. The Kings Crossings Park of Comm'erce, an 8 lot industrial
subdivision, is located to the southwest of the subject property.
8. Whether the proposed amendment would be in conflict with the public
interest, and is in harmony with the purpose and intent of this Code;
The proposed amendment is not in conflict with the public interest and is in
harmony with the purpose and intent of the SI. Lucie County Land Development
Code. The surrounding area is considered future industrial, except for the
residentially designated area to the east, which can be adequately buffered.
COMMENTS
The petitioner, T & T Land, Ltd., has requested this change in zoning from the AG-1
(Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Heavy) Zoning District on property
located on the west side of North Kings Highway, approximately 2,500 feet south of Angle Road
in order to allow the property to be developed for light industrial uses. The Kings Crossings
Park of Commerce, an 8 lot industrial subdivision, is located to the southwest of the subject
property.
Attached is a copy of Section 3.01.03(T) - IL (Industrial, Light), of the SI. Lucie County
Land Development Code, which delineate the permitted, accessory, and conditional uses
allowed in these zoning districts. If a change in zoning is approved, the applicant, by right,
would be allowed to establish any of the uses under the Permitted Uses section. Any use
under the Accessory Uses section would be allowed only if one or more of the permitted uses
exist on the subject property. Any use under the Conditional Uses section could only be
allowed if it first receives approval through the Board of County Commissioners.
Staff has reviewed this petition and determined that it conforms to the standards of
review as set forth in Section 11.06.03 of the SI. Lucie County Land Development Code and is
not in conflict with the goals, objectives, and policies of the SI. Lucie County Comprehensive
Plan. Staff is, therefore, recommending that this Board forward a recommendation of approval
to Board of County Commissioners.
Please contact this office if you have any questions on this matter.
Attachment
hI
cc: County Administrator
County Attorney
T. Wayne Bennett
File
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Section 3.01.03
ZOning District Use Regulations
3.01.03
ZONING DISTRICTS
A.
AG-1
AGRICULTURAL - 1
1 . Purpose
The purpose of this district is to provide and protect an environment suitable for productive
commercial agriculture, together with such other uses as may be necessary to and compatible with
productive agricultural surroundingS. Residential densities are restricted to a maximum of one (1)
dwelling unit per gross acre. The number in "()" following each identified use corresponds to the SIC
code reference described in Section 3.01.02(6). The number 999 applies to a use not defined under
the SIC code but may be further defined in Section 2.00.00 of this Code.
2. Permitted Uses
a. Agricultural production - crops (01)
b. Agricultural production -livestock & animal specialties (02)
c. Agricultural services (071
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located within a radius of
one thousand (1,000) feet of another existing such family residential home and provided that
the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies
the Board of County Commissioners at the time of home occupancy that the home is licensed
by HRS. (999)
f. Fishing, hunting & trapping (00)
g. Forestry (OI)
h. Kennels. (0152)
i. Research Fact1ities, Noncommercial (8133)
j. Riding stables. (1t99)
k. Single-family detached dwetlings. (999)
3. Lot Size Requirements
Lot size requirements shall be In accordance with Table 1 in Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00.
5. Off-street Parking and Loading Requirements
. Off-street parking and loading requirements ãre subject to Section 7.06.00.
6. Landscaping Requirements
Landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses
a. Agricultural labor housing. (909)
Adoptsd August 1, 1990
94
Revised Through 08101/00
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Section 3.01.03
Zoning District Use Regulations
(.-
b. Aircra,¡ storage and equipment maintenance. 1458')
c. Airports and flying, landing, and takeoff fields. (458')
d. Family residential homes located wìthin a radius of one thousand (1,000) feet of another such
family residential home. (999)
e. Farm products warehousing and storage. (422'14222)
f. Gasoline service stations. (5541)
g. Industrial wastewater disposal. (999)
h. Manufacturing:
(1 ) Agricultural chemicals 211
(2) Food & kindred products (20)
(3) Lumber & wood products, except furniture (24)
i. Mining and quarrying of nonmetalic minerals, except fuels. (14)
j. Retail trade: .
(1) Farm equipment and related accessories. (0001
(2) Apparel & accessory stores. (56)
k. Sewage disposal subject to the requirements of Section 7.10.13. (999)
I. Telecommunication Towers - subject to the standards of Section 7.10.23 (999
m. Camps - sporting and recreational. (7032)
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and inctude the following:
a.
b.
c.
Mobile homes subject to the requirements of Section 7.10.05.
Retail trade and wholesale trade - subordinate to the primary authorized use or activity.
Guest house subject to the requirements of Section 7.10.04. (000)
(
Adopled Augusl 1. 1990
95
Revised TI1rouøh 08101/00
T.
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1. Purpose
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Section 3.01.03
Zoning District Use Regulations
(
)
,
INDUSTRIAL. LIGHT
The purpose of this district is to provide and protect an environment suitable for light manufacturing,
wholesale, and warehousing activities that do not impoSe undesirable noise, vibration, odor, dust, or
other offensive effects on the surrounding are, together with such other uses as may be necessary
to and compatible with light indostrial SUITOUl1ÖIIIQS· The number in "0" following each identified use
corresponds to the SIC code reterence desaibed in Section 3.01.02(B). The number 999 applies to
a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code.
2. Permitted Uses
~
a.
b.
Business serviœs (73)
Communications _ including tetecommunlcation towers - subject to the standards of Section
7.10.23 (..)
Construction services:
(1) Building construction - general contractors ("I
(2) Other construction· general contractors (1')
(3) Construction - special trade contractors (17)
Engineering, architectural and surveying services (811)
Commercial fishing (001)
Laundry, cleaning & garment s9fVÎœS (121)
Local & suburban transit ("I
Manufacturing:
(1) Food and kindred products (201
(2) Tobacco products (21)
(3) Textile mill products (22
(4) Apparel & other finished products (231
(5) 'Fumiture & fixtures (25)
(6) Printing, publishing and allied industries (21)
(7) Drugs (203)
(8) Leather & leather products (31)
(9) Glass:
(a) Flat glass (321)
(b) Glass & glassware - pressed or blown (322)
(c) Glass products - made of purchased glass 13231
(10) Fabricated metal prod. - except machinery & transport. equip.:
(a) Metal cans & Shipping containers (3411
(b) Cutlery, handtools & general hardware (342)
(c) Heating equipment, except electric and warm air, and plumbing fixtures (343)
(d) Fabricated structural metal productS (344)
(e) Coating, engraving & allied services (341)
(f) Miscellaneous fabricated metal products -
(1) Wire products (3495)
(2) Misc. fabricated wire products (34M)
(3) Metal foil & leaf (3411)
(4) Fabricated metal products - NEC (34")
(11) Industrial/commercial machinery & computer equipment:
(a) Metalworking machinery & equipment (354)
(
c.
d.
e.
f.
g.
h.
Adopted August 1, 1990
121
Revised Through 08101/00
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Section 3.01.03
Zoning DIstrict Use Regulations
(b) Special industry machinery, except metalworking machinery ....)
(c) General industrial machinery & equipment....)
(d) Computers & office equipment (357)
(12) Electronic & other electrical equipment and components. except computer
equipment:
(a) Household appliances (363)
(b) Electric lighting & wiring equipment (3141
(c) Household audio & video equipment (OOS)
(d) Communications equipment (366)
(e) Electronic components & accessories (381)
(I) Misc. eJectrical machinery equipment & supplies -
(13) Measuring, analyzing and controlling instruments (3111
(14) Photographic. medical and optical goods (30)
(15) Watches & clocks (311)
(16) Misc. manufacturing industries:
(a) Jewelry, silverware, and platedware. (39'1
(b) Musical instruments and parts. (393)
(c) Dolls, toys, games & sporting goods (304)
(d) Pens, pencils, & other office & artists' materials. (3951
(e) Costume jewelry, costume novelties, and notions. (310)
(I) Brooms and brushes. (3901)
(g) Signs and advertising displays. (39031
(h) Morticians goods. (3905)
(I) Manufacturing industries, NEC. _
(17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing.
(30111
i. Marinas (<<93)
j. Millwork and structural wood members. \2'131
k. Motion pictures (181
I. Motor freight transportation & warehousing. (42)
m. Repair services:
(1) Automotive & automotive parking (75)
(2) Electrical (162)
(3) Watch, clock & jewelry repair (1631
(4) Reupholstery & furniture repair (1841
(5) Misc. repairs & services (18S)
n. Retail trade:
(1) Lumber & other building materials (521)
(2) Pain( giass & wallpaper (523)
(3) Hardware (52')
(4) Nurseries, lawn & garden supplies (S2III
(5) Mobile home dealers (5211
(6) AutomotivelboatlRV/motorcycle dealers (SO)
(7) Gasoline service (551
(8) Furniture & furnishings (51) ·
o. Research, development, and testing services. (873)
p. Ship, boat building & repairing -less than forty-five (45) ft. (373)
q. Sorting, grading & packaging services - citruslvegetables (07231
r. Vocational Schools (824)
s. Wholesale trade - durable goods:
AdOpted August 1, 1990
122
Revised Through 08101/00
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Section 3.01.03
ZonIng DlsbiCl Use Regulations
(i
U.
v.
(1) Motor vehicle and automotive equipmenl (SO'I
(2) Furniture and home furnishings.IS02)
(3) Lumber and other building materials. ($03)
(4) professional & commercial equipment/supplies. (504)
(5) Metals & minerals except petroleum. ($OS)
(6) Electrical goods. (506)
(7) Hardware, plumbing and heating equipment, and supplies. lS07)
(8) Machinery, equipment, end supplies. (5061
(9) Misc. durable goods:
(a) Sporting and recreational goods ($001)
(b) Toys & hobby goods (5092)
(c) Jewelry, watches. precious stones & metats. (SOO41
(d) Durable goods NEC (S0901
Wholesale trade - nondurable goods:
(1) Paper and paper products. (5111
(2) Drugs (5121
(3) Dry goods and apparel. (5'3)
(4) Groceries and related products. (5'4)
(5) Farm products - ITNI materials. (5'5)
(6) Chemicals, and allied products. (5'6)
(7) Beer, wine, and distilled alcohorlC beverages. (5'1)
(8) Misc. nondurable goods:
(a) Farm supplies (5'111
(b) Books, periodicals & newspapers (5'92)
(c) Flowers, nursery stock & ftorlsts' supplies (5'03)
(d) TobacCOItobacco products (5'14)
(e) Paints, varnishes & supplies (5'0B)
(I) Nondurable goods, NEC (5'l1li)
Mobile food vendors (999)
Single family detached dwelling units provided that the single family dwelling unit is located
on an existing lot or parcel or record, as further defined In this code, that was existing on or
before August 1, 1990. (999) .
(
t.
3. Lot Size Requirements
Lot size requirements sha,ll be in accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00.
5. Offstreet Parking and Loading Requirements
Offstreet parking and loading requirements aredlubject to Section 7.06.00.
6. Landscaping Requirements
landscaping requirements are subject to Section 7.09.00.
Adopted August 1, 19110
123
RevIsed Through 08101/00
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Section 3.01.03
Zoning Disbicl Use Regulations
7. Conditional Uses
a. Airports, landing and takeoff fields - general aviation (....'1
b. Manufacturing:
(1) Cut stone and stone products. (3211
(2) Motorcyctes. bicycles, and parts. (3751
(3) Wood containers. wood buildings and mobile homes. (2441245)
c. Ship, boat building & repairing (excluding ship or boat salvaging) - Forty-five (45) to one-
hundred fifty (150) It (373)
d. Wholesale:
(1) Petroleum bulk stations and tenninals.
e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A.
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00 and Inctude the following:
a. Co-generation facilities. (99!1
b. Fueling facilities. (99!1
c. Industrial wastewater disposal. (0001
d. One detached single-family dwelling or mobile home for on-site security purposes per
property. ¡v99)
e. Retail trade accessory to the primary manufacturing or wholesaling use. (999
k
Adopted August 1 , 1990
124
Revised Through 08101/00
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To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAilABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
ΠAPPROVED
D OTHER
County Attorney
Originating Dept.:
Finance:
...,,¡
Agenda Request
Item Number
Date:
5ð
10/21/03
Consent
Regular
Public Hearing
leg. [ ]
[ ]
[ ]
[X]
Quasi-JD [ X ]
Board of County Commissioners
Community Development
- ______~ ,Presented y
I '
Consider Draft Resolution 03-233 granting a Change in Zoning m the CN
(Commercial, Neighborhood) Zoning District to the CG (Commercial, General) Zoning
District for property located at 1123 North 33" Street.
The petitioner, Gerhard Kampichler, has requested this change in zoning from the CN
(Commercial, Neighborhood) Zoning District to the CG (Commercial, General) Zoning
District on property located at 1123 South 33" Street, in order to allow the property to be
developed for general commercial purposes. Mr. Kampichler operates a sealing and
coating business and thus a rezoning to CG is required. Mr. Kampichler is desirous of
operating his business from this location as permitted in the Land Development Code.
The current operation of a refrigeration business is a non-conforming use and the
photography business conforms to both the CG and CN Zoning Districts.
(File No: RZ-03-034)
NIA
At the September 18, 2003, public hearing on this matter, the St. Lucie County
Planning and Zoning Commission, by a vote of 5 to 4, recommended approval of the
requested change in zoning to the CG (Commercial, General) Zoning District.
Staff recommends approval of Draft Resolution 03-233.
D DENIED
Approved (3-1) Coward-No,
Barnes-Absent
~/
t/
Coordinationl SIgnatures
Mgt. & Budget
Other.
Purchasing: =bzr ~
Other. j'J
'-
...I
Commission Review: October 21, 2003
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
MEMORANDUM
TO:
County Commission
FROM:
Community Development Director
DATE:
October 15, 2003
LOCATION:
Application of Gerhard Kampichler, for a Change in Zoning from
the CN (Commercial, Neighborhood) Zoning District to the CG
(Commercial, General) Zoning District.
1123 South 33'd Street
SUBJECT:
EXISTING ZONING:
PROPOSED ZONING:
FUTURE LAND USE:
PARCEL SIZE:
PROPOSED USE:
CN (Commercial, Neighborhood)
CG (Commercial, General)
COM (Commercial)
0.91 acre
Commercial General uses
PERMITTED USES:
Attachment "A" - Section 3.01.03(S) CG (Commercial,
General) - contains the designated uses, which are
permitted by right, permitted as an accessory use, or
permitted through the conditional use process. Any
use designated as a "Conditional Use" is required to
undergo further review and approvals. Any uses not
found within the zoning district, regulations are
designated as prohibited uses for that district
SURROUNDING ZONING:
CN (Commercial, Neighborhood) to the south and
west. CG (Commercial. General) to the north and
further south. R4 (Residential - 4) is located to the
east in the City Limits of Ft. Pierce.
"'" ~
October 15, 2003 Subject Gerhard Kampichler
Page 2 File No.: RZ-03-034
SURROUNDING LAND USES: The general existing land uses surrounding the
property are commercial (two food stores) on the west
side of South 33rd Street and single-family and
multiple-family residential on the east side of South
33rd Street.
The Future Land Use Classification of the surrounding
area is COM (Commercial) to the south, north, and
west.
FIRE/EMS PROTECTION:
Station #1 (Rhode Island Avenue) is located
approximately 2 miles to the east.
UTILITY SERVICE:
The subject property is in the Ft. Pierce Utilities
Authority service area.
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
The existing right-of-way for South 33rd Street in the
area of the proposed rezoning is 60 feet. No
additional right-of-way is required at this time.
SCHEDULED
IMPROVEMENTS:
There are no scheduled improvements for this area of
South 33rd Street.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Concurrency Deferral Affidavit.
*.***********************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed rezoning Is In conflict with any applicable
portions of the St. Lucie County Land Development Code;
'-'
...,.,
October 15, 2003
Page 3
Subject: Gerhard Kampichler
File No.: RZ-03-034
The proposed zoning district is consistent with the St. Lucie County Land
Development Code and has met the standards of 11.06.03.
2. Whether the proposed amendment is consistent with all elements of
the St. Lucie County Comprehensive Plan;
The proposed change in zoning is consistent with all elements of the St.
Lucie County Comprehensive Plan. The request is compatible with the
COM (Commercial) Future Land Use classification, which allows general
commercial zoning.
Policy 1.1.8.7 restricts commercial development to those areas where
such development patterns currently exist. The subject property is
currently zoned CN (Commercial, Neighborhood) and thus has been
previously designated for commercial uses. There are two food stores
located at the comers of Meadow Lane and 33rd Street. There are several
other non-residential uses (commercial and institutional) along the 33rd
Street corridor.
Policy 1.1.8.10 encourages the use of existing commercially designated
lands within the urban service area for commercial purposes. The subject
property is located within the urban service area and designated for
commercial use by the Comprehensive Plan.
3. Whether and the extent to which the proposed zoning is inconsistent
with the existing and proposed land uses;
The proposed CG (Commercial, General) Zoning is consistent with the
existing and proposed commercial uses in the area. The commercial
zoning is separated by South 33rd Street from the residential zoning to the
east.
4. Whether there have been changed conditions that require an
amendment;
Conditions have not changed so as to require an amendment, however,
the subject property is located in an area of various zoning district
designations. The property to the direct north of the subject property is
designated as CG (Commercial, General). The proposed CG Zoning
District for the subject property is consistent with this designation.
5. Whether and the extent to which the proposed amendment would
result in demands on public facilities, and whether or to the extent to
'-'
....",I
October 15, 2003
Page 4
Subject: Gerhard Kampichler
File No.: RZ-03-034
which the proposed amendment would exceed the capacity of such
public facilities, including but not limited to transportation facilities,
sewage facilities, water supply, parks, drainage, schools, solid
waste, mass transit, and emergency medical facilities;
The change of the site's zoning designation is not expected to create
significant additional demands on public facilities in this area. Prior to the
issuance of any final development order or use authorizations, the
petitioner, his successors or assigns, will need to demonstrate that there
are adequate public facilities in the area to support such development.
6. Whether and the extent to which the proposed amendment would
result in significant adverse impacts on the natural environment;
The proposed amendment is not anticipated to create adverse impacts on
the natural environment. Any development will be required to comply with
all state and local environmental regulations. The site is currently
developed for a refrigeration and photography business. No expansion of
current structures is proposed. There are no known environmental
limitations on the petitioned property.
7. Whether and the extent to which the proposed amendment would
result in an orderly and logical development pattern specifically
identifying any negative affects of such patterns;
The proposed amendment would result in an orderly and logical
development pattern. Adjacent properties are zoned for commercial
general uses. There are two, small neighborhood food stores located at
the inters :!ction of 33rd Street and Meadow Lane. There are also some
multiple-family dwellings in the area.
8. Whether the proposed amendment would be in conflict with the
public interest, and is in harmony with the purpose and intent of this
Code;
The proposed amendment is not in conflict with the public interest and is
in harmony with the purpose and intent of the St. Lucie County Land
Development Code.
COMMENTS
The petitioner, Gerhard Kampichler, has requested this change in zoning from the CN
(Commercial, Neighborhood) Zoning District to the CG (Commercial, General) Zoning
'-'
""'"
October 15, 2003
Page 5
Subject: Gerhard Karnpichler
File No.: RZ-03-034
District on property located at 1123 South 33'd Street, in order to allow the property to
be developed for general commercial purposes. Mr. Kampichler operates a sealing and
coating business and thus a rezoning to CG is required. Mr. Kampichler is desirous of
operating his business from this location as permitted in the Land Development Code.
The current operation of a refrigeration business is a non-conforming use and the
photography business conforms to both the CG and CN Zoning Districts.
At the September 18, 2003, public hearing on this matter, the St. Lucie County Planning
and Zoning Commission, by a vote of 5 to 4, recommended approval of the requested
change in zoning from the CN (Commercial, Neighborhood) Zoning District to the CG
(Commercial, General) Zoning District.
Attached is a copy of Section 3.01.03(S) - CG (Commercial, General), of the St. Lucie
County Land Development Code, which delineates the permitted, accessory, and
conditional uses allowed in this zoning district.
Staff has reviewed this petition and determined that it conforms to the standards of
review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code
and is not in conflict with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan. Staff recommends that the Board approve the petition for a
change in zoning from the CN (Commercial, Neighborhood) Zoning District to the CG
(Commercial, General) Zoning District.
Attached is a copy of Draft Resolution 03-233, which, if approved, would grant a change
in zoning from the from the CN (Commercial, Neighborhood) Zoning District to the CG
(Commercial, General) Zoning District.
Please let me know if you have any questions.
SUBMITTED:
Director
hf
cc: County Administrator
County Attorney
Planning Manager
Gerhard Kampichler
lana Brown
File
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""",
....,I
RESOLUTION 03-233
FILE NO.: RZ-03-o34
A RESOLUTION GRANTING A CHANGE IN ZONING FROM
THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING
DISTRICT TO THE CG (COMMERCIAL, GENERAL) ZONING
DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY,
FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including, but not limited to the staff report, has made the following
determinations:
1. Gerhard Kampichler. presented a petition for a change in zoning from the CN
(Commercial, Neighborhood) Zoning District to the CG (Commercial, General) Zoning
District for the property depicted on the attached maps as Exhibit "A" and described
below.
2. On September 18, 2003, the St. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice at least 10 days priorto the hearing
and notifying by mail all owners of property within 500 feet of the subject property, and
recommended that the Board of County Commissioners approve a change in zoning
from the CN (Commercial, Neighborhood) Zoning District to the CG (Commercial,
General) Zoning District.
3. On October 21, 2003, this Board held a public hearing on the petition, after publishing
notice at least 10 days prior to the hearing and notifying by mail all owners of property
within 500 feet of the subject property.
4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of
the St. Lucie County Land Development Code and is consistent with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan.
5. The proposed change in zoning is consistent with the existing and proposed use of
property in the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. The proposed Change in the Zoning District Classification from the CN (Commercial,
Neighborhood) Zoning District to the CG (Commercial, General) Zoning District for that
property depicted on the attached maps as Exhibit "A" and described as follows:
File No.: RZ-03-034
October 21, 2003
Resolution 03-233
Page 1
"'"
.,
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SECTION 17, TOWNSHIP 35 SOUTH, RANGE 40 EAST. THE NORTH 128.1 FEET OF THE
EAST 340.5 FEET OF THE NORTHEAST Yo OF THE SOUTHEAST Y. OF THE NORTHWEST Yo
LESS THE EAST 30 FEET. (Tax ID#: 2417-241-0001-000/4)
(Location:
1123 North 33" Street)
owned by Gerhard Kamplchler, is hereby approved.
B. The SI. Lucie County Community Development Director is hereby authorized and
directed to cause the change to be made on the Official Zoning Map of SI. Lucie County,
Florida, and to make notation of reference to the date of adoption of this resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes
xxx
Vice-Chairman Paula A. Lewis
xxx
XXX
Commissioner Frannie Hutchinson
Commissioner Doug Coward
XXX
Commissioner John D. Bruhn
XXX
PASSED AND DULY ADOPTED This 2151 Day of October 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
Deputy Clerk
County Attorney
hI
H:\WORDlPetitions\BCClFlnished.03\Kamplchler.RZ\KampichlerRES.doc
File No.: RZ-03-034
October 21, 2003
Resolution 03-233
Page 2
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AGENDA ITEM 6: GERHARD KAMPICHLER - File No. RZ-03-034:
Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 6 was the application of
Gerhard Kampichler, for a Change in Zoning from the CN (Commercial, Neighborhood)
Zoning District to the CG (Commercial, General) Zoning District for 0.91 acre of property
located at 1123 South 33'" Street. He continued that the surrounding zoning is CN (Commercial,
Neighborhood) to the south and west with CG (Commercial, General) to the north and further
south and R4 (Residential - 4) is located to the east in the City Limits of Ft. Pierce. He also
stated that the petitioner had requested the change in zoning in order to allow the property to be
developed for general commercial purposes. He advised that Mr. Kampichler operates a sealing
and coating business and thus a rezoning to CG would be required. He continued that the
property is currently being operated with a refrigeration business, a non-<:onforming use, and a
photography business, a conforming business.
Staff has reviewed this petition and determined that it conforms to the standards of review as set
forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is
recommending that you forward this petition to the Board of County Commissioners with a
recommendation of approval to Board of County Commissioners.
Ms. Lana Brown, 70I Texas Court, stated that she was the representative and partner of the
petitioner Gerhard Kamphichler in the seal coating business.
Mr. Lounds questioned if this changed the use of the land or would just bring the non-
conforming use into compliance. Mr. Flores stated that it would change the use of the land
because the previous owner did those other two uses and this owner wants to change it to a
sealing and coating business.
Mr. Grande stated this is a significant change of the land. He stated that it currently is a more
gentle usage than any of the permitted uses, like a gas station, under the proposed zoning. Mr.
McCurdy questioned if Mr. Grande was familiar with the 33rd Street corridor. Mr. Grande
con finned that he was. Mr. McCurdy stated that there are other CG (Commercial, General)
zonings in that area that don't have a gas station and doesn't believe that would happen in that
area. Ms. Brown confinned that they don't want a gas station on the property. Mr. Grande
stated that they need to understand that this request is a change in zoning, so if approved, the
permitted uses, any of them, would be allowed under this proposed zoning.
Mr. Hearn questioned how long they had owned the property. Ms. Brown stated they had just
purchased it about two months prior. Mr. Hearn questioned if they knew at the time of purchase
that they could not have that type of business under the current zoning and would need to be
rezoned. Ms. Brown stated they were not aware of that because it was only advertised as being
commercial property. She continued that after investigating further they found out it was CN
(Commercial, Neighborhood) as opposed to CG (Commercial, General).
Chairman Merritt opened the puhlic hearing,
Ms. Estelle Dunn, 3204 Kentucky A venue, stated that she was representing the other owners in
the neighborhood and that they were against this change because it would change the area from a
neighborhood to more of a business. She advised that the area that the business is planning to go
to is really not suitable for a business. She continued that it is a sIIUlll tract of land that would be
P & Z I LPA Meeting
September 18, 2003
Page 15
...
"'"
more suitable for just a home, not a business. Mr. Akins questioned if Ms. Dunn was aware of
the other commercial businesses operating in the area. Ms. Dunn stated that she was aware that
there is a little neighborhood store and previously there was also a thrift shop.
Mr. Hearn questioned how intense the storage of commercial vehicles and the equipment and
supplies be under the CG (Commercial, General) Zoning and if they would be allowed to be
stored surrounding the building. Mr. Kelly explained that outside storage is not a pennitted use
under CG (Commercial, General) Zoning. Mr. Hearn questioned if this business could be
compared to a contractors office under the pennitted uses in the CG (Commercial, General)
Zoning. Mr. Kelly stated that is generally what he understood. Ms. Brown stated that they have
a four-stall pole barn in the back that the equipment would be stored in and cannot be seen from
the road. She also stated that there is a 3/2, '112, and a 1/1 on the property too that have tenants
who don't have a problem with this request. She continued that they planned in the future to put
up a fence so that it would not be an eye sore for anyone.
Ms. Hammer questioned what they would be storing in the pole barn. Ms. Brown stated they
would store their trucks and tanks. She advised that their business uses a coal tar emulsion seal
coating to cover cracked driveways, parking lots, and doing the striping. Ms. Hammer
questioned if there was any odor from the materials. Ms. Brown explained that it is a cold
application and there would be no odors because it is not used until on a job site.
Mr. Hearn stated that under the pennitted uses it shows construction services with offices and
interior storage only, but he doesn't see how that language applies to this business. Ms. Brown
stated that the office is located at her home not on this site. Mr. Kelly stated that he wasn't
aware of the pole barn and would need to do know more about the pole barn to see if that
qualifies as an interior use. Mr. Flores stated that the applicant advised him of the pole barn and
he directed her to the building department to find out their requirements for enclosing the
structure itself. Ms. Brown stated that if there were any requirements to enclose the pole barn
they would be willing to do that. Chairman Merritt questioned how big the site is. Mr. Flores
stated that it is just under an acre.
Mr. Lounds stated that there is another property shown on the Arial photograph that has a
building with many items being stored behind it. He stated that he didn't see why there was all
of this concern about storing items within a pole barn that is on an acre. He advised that this area
needs to have a little revision and doesn't believe this pole barn and equipment would be a
problem.
Chairman Merritt questioned if there are three houses currently on the property. Ms. Brown
explained that there is one house with a 3/2 and a '112. She advised that there is a separate
cottage, which is a 1/1. She stated that the four-stall pole barn was built when they wëre building
I-95 through and the county used it to store all of their vehicles.
Mr. Grande questioned if the applicant wanted to do business out of the pole barn but continue to
maintain the three apartments that are cwrently on the site. Ms. Brown confinned that was
correct. Mr. Grande stated that he didn't believe three residential units would be allowed under
the CG (Commercial, General) zoning. Ms. Brown stated that they are pre-existing. Mr. Kelly
explained that three buildings would not be pennitted within CG zoning. He advised that they
are non-confonning uses. Mr. Grande stated that they are not within CO zoning presently, they
are in CN (Commercial, Neighborhood) zoning. Mr. Kelly stated that they are also non-
P & Z /LPA Meeting
September 18, 2003
Page 16
~
...",
confonning uses under the current CN wning so it would not be making a change to the status of
the residences. He stated that the Comprehensive Plan shows all of this area as commercial. He
continued that all of the wning in this area is also commercial with a number of existing CG
(Commercial, General) zoned parcels there.
Mr. Grande questioned why no one was notified on Louisiana Avenue. He also questioned if the
residents within city limits would be notified as well. Mr. Kelly stated that all of the property
owners within 500 feet of the subject property, including city residents, were notified. He went
through the list and advised' that the residences on Louisiana are apartments that are owned by
people who reside in Del Ray Beach and they were notified. He advised that we did not notify
the renters themselves because they do not own the property but there was a sign placed on the
subject property.
Seeing no one else, Chairman Merritt closed the public hearing.
Mr. Lounds stated that after considering the testimony presented dnring the public
hearing, including staff comments, and the Standards of Review as set forth in Section
11.06.03, St. Lncie County Land Development Code, I hereby move that the Planning and
Zoning Commission recommend that the St. Lncie County Board of County
Commissioners grant approval to the application of Gerhard Kamphichler for a Change in
Zoning from the CN (Commercial, Neighborhood) Zoning District to the CG (Commercial,
General) Zoning District because I think it is consistent with which the neighborhood is
beginning to move, noting that there is a residential area across the street, but also the fact
that there is commercial, commercial neighborhood, commercial general all through the
western side of this particular area.
Motion seconded by Mr. McCurdy.
Upon a roll call vote the motion was approved with a vote of 5-4 (with Mr. Grande, Ms.
Hammer, Mr. Hearn, and Mr. Trias voting against) and forwarded to the Board of County
Commissioners with a recommendation of approval.
P & Z I LPA Meeting
September 18,2003
Page 17
'W'
...,.¡
October 10, 2003
COMMU N /TY
DEVELOPMENT
DIRECTOR
BOARD OF COUNTY
COMMISSIONERS
In accordance with the St. Lucie County Land Development Code, you are hereby advised that GERHARD
KAMP/CHLER has petitioned St. Lucie County for a Change in Zoning from the CN (Commercial,
Neighborhood) Zoning District to the CG (Commercial, General) Zoning District for the following
described property:
Location:
1123 South 33rd Street.
THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST
The second public hearing on the petition will be held oJ 7:00 P,M., or as soon thereafter as possible, on
October 21, 2003, CounJy Commissioner's Chambers, St. Lucre CounJy Administration Building Annex,
2300 Virginia Avenue, Fon Pierce, Florida. All interested persons will be given an opportunity to be heard
at that time. Written comments received in advance of the public hearing will also be considered. The
County Planning Division should receive written comments to the Board of County Commissioners at least 3
days prior to a scheduled hearing.
County policy discourages communication with individual County Commissioners on any case outside of the
scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record.
The proceedings of the County Commission are electronically recorded. If a person decides to appeal any
decision made by the County Commission with respect to any matter considered at such meeting or hearing,
he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn
in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying
during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain.
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie
County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777
or T.D.D. 772/462-1428.
If you no longer own property adjacent to the above-described parcel, please forward this notice to the new
owner. Please call 772/462-1582 if you have any questions, and refer to: File Number RZ-03-034
Sincerely,
ST. LUCIE COUNTY BOARD OF COMMISSIONERS
~~/~
JOHN 0, ßRUHN, Disfrict NO.1· DOUG COWARD, District NO.2· PAULA A. LEWIS, District No,,3 . FP.ANNIE HUTCHINSON, District No 4 . CUFF ßAf1.NES. Disrrict No.5
County Administrator - Douglas M. Anderson
2JOO Virginia Avenue . Fort Pierce, FL J4982.5652
Administrorion: (772) 462-1590 . Planning: (772) 462-2822 . GISlTechnicol Services: (772) 462.155J
Economic Developmenr: (772) 462-1550 . Fox: (772) 462.1581
Tourisr/Convenrion: (772) 462·1529 . Fox: (772) 462.21J2
www.co.st·lucie.ll.us
""
-.I
0109 NOTICE
':.j
ST. LUCIE COUNlY'
BOARD OF
COMMISSIONERS
PUBLIC HEARING
AGENDA
October 21, 2003
TO WHOM iT MAY CON·
CERN:
NOTICE is hereby given
in accordance with Sec-
tion 11.00.03 of the St
Lucie County'Land De·
velopment Code and in
accordance with the pro·
visions of the St. Lucie
County Comprehensive
Plan, that the following
applicants have request·
ed that the St. Lucie
County Board of Com·
missioners consider
their following requests:
3.FIRST BAPTIST\
CHURCH OF FT. PIERCE
for a Conditional Us~
Permit to allow educa.
tional services and facili~ I
ties in the I IInstitutional)
and RF fReligious Facili-
lies) Zoning Districts for
the following described
property: ,
33 35 40 N 800 FT OF SW
1/4 OF SW 1/4·LESS W
,40 fT AND LESS ADDN
RIW TO ST LUCIE C.o '
AS IN OR 729·165 (23.351
AC) fOR 702·737 THRU:
744:1194·2358) , '
Location:4500 South'
25th Street. '
PUBLIC HEARINGS, willi
be held in the Commis.'
sian Chambers, Roger
Poitras Annex, 3rd Roor
St. Lucie County Admin:
istration Building 2300
Virginia Avenue: Fort
Pierce, Florida on Octo.
ber 21, 2003, beginning'
at 7:00 P.M. or as soon
thereafter as possible.
, i
PURSUANT TO Section!
286.0105, Florida Stat·'
utes, if a person decides}
to appeal any decision
made by a board"agen.1
cy, or commission with I
,respect to any mattEir
consIdered, at a meeting
or hearing, he will need
a record of the proceed.
lOgS, and that, for such
purposes, he may need
to ensure that Ii verba-
tim record of the pro-
ceedings is made which
record includes .the testi.
many and evide.nce
upon which the appeal,
IS to be based.
,;
l.GERHARO KAMPICHL·
ER, for a Change in Zon'
ing from the CN (Co·
mmerclal, Neighbor·
hood) Zoning' District to
the CG (Commercial,
General) Zoning District ,
for the following de· .
scribed property:
17 35 40 N 128.1FTOF E
340.5 FT OF NE 1/4 OF
SE 1/4 OF NW 1/4 LESS
E 30 fT. (0.91 ACI (OR
297-1592) .
Location:1123 South
33rd Street
2.T&T LAND LTD., for a
Change in Zoning from
the AG·l (Agricultural,'
1 dulacrel Zoning Ois:
trict to the IL (Industrial;
light) Zoning District for
the following described
property:
NO.RTH 1/2 OF THE
NORTHWEST ,1/4 OF
THE SOUTHWEST 114
OF SECTION 1·35-39 1
Location:East side 01'\
North Kings Highway,
. approximately 2,500 feet ,
south of Angle Road.
, ,
BOARD OF COMMIS.
SiONERS
ST. LUCIE COUNTY
FLORIDA '
ISI Cliff Barnes, CHAIR-
MAN '
Publish: October 102. ~
330885 . ~
""TV nc:: cnOT DICRn:
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Planning and Zoning Commission Review: 09/18/03
File Number RZ-03-034
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: Planning and Zoning Commission
FROM: Planning Manager r:j<.\L-
DATE: September 10, 2003
SUBJECT: Application of Gerhard Kampichler, for a Change in Zoning from the CN
(Commercial, Neighborhood) Zoning District to the CG (Commercial,
General) Zoning District.
LOCATION: 1123 South 33rd Street
EXISTING ZONING: CN (Commercial, Neighborhood)
PROPOSED ZONING:
FUTURE LAND USE:
PARCEL SIZE:
PROPOSED USE:
PERMIITED USES:
SURROUNDING ZONING:
SURROUNDING LAND USES:
CG (Commercial, General)
COM (Commercial)
0.91 acre
Commercial General uses
Attachment "A" - Section 3.01.03(S) CG (Commercial,
General) - contains the designated uses, which are
permitted by right, permitted as an accessory use, or
permitted through the conditional use process. Any use
designated as a ·Conditional Use" is required to undergo
further review and approvals. Any uses not found within
the zoning district regulations are designated as prohibited
uses for that district
CN (Commercial, Neighborhood) to the south and west.
CG (Commercial, General) to the north and further south.
R4 (Residential- 4) is located to the east in the City Limits
of Ft. Pierce.
The general existing land uses surrounding the property
are commercial (two food stores) on the west side of South
33rd Street and single-family and multiple-family residential
on the east side of South 33rd Street.
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September 10, 2003
Page 2
Subject: Gerhard Kampichler
File No.: RZ-03-034
The Future Land Use Classification of the surrounding
area is COM (Commercial) to the south, north, and west.
FIRE/EMS PROTECTION:
Station #1 (Rhode Island Avenue) is located approximately
1 mile to the east.
UTILITY SERVICE:
The subject property is in the Ft. Pierce Utilities Authority
service area.
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
The existing right-of-way for South 33m Street in the area
of the proposed rezoning is 60 feet. No additional right-of-
way is required at this time.
SCHEDULED
IMPROVEMENTS:
There are no scheduled improvements for this area of
South 33m Street.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Concurrency Deferral Affidavit.
*************************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions
of the St. Lucie County Land Development Code;
The proposed zoning district is consistent witli the St. Lucie County Land
Development Code and has met the standards of 11.06.03.
2. Whether the proposed amendment is consistent with all elements of the St.
Lucie County Comprehensive Plan;
The proposed change in zoning is consistent with all elements of the St. Lucie
County Comprehensive Plan. The request is compatible with the COM
(Commercial) Future Land Use classification, which allows general commercial
zoning.
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September 10, 2003
Page 3
Subject: Gerhard Kampichler
File No.: RZ-03-034
Policy 1.1.8.7 restricts commercial development to those areas where such
development patterns currently exist. The subject property is currently zoned CN
(Commercial, Neighborhood) and thus has been previously designated for
commercial uses. There are two food stores located at the corners of Meadow
Lane and 33rd Street. There are several other non-residential uses (commercial
general and institutional) along the 33rd Street corridor.
Policy 1.1.8.10 encourages the use of existing commercialiy designated lands
within the urban service area for commercial purposes. The subject property is
located within the urban service area.
3. Whether and the extent to which the proposed zoning is inconsistent with
the existing and proposed land uses;
The proposed CG (Commercial, General) Zoning is consistent with the existing
and proposed commercial uses in the area. The commercial zoning is separated
by South 33rd Street from the residential zoning to the east.
4. Whether there have been changed conditions that require an amendment;
Conditions have not changed so as to require an amendment.
5. Whether and the extent to which the proposed amendment would result In
demands on pUblic facilities, and whether or to the extent to which the
proposed amendment would exceed the capacity of such pUblic facilities,
including but not limited to transportation facilities, sewage facilities, water
supply, parks, drainage, schools, solid waste, mass transit, and emergency
medical facilities;
The intended use for this rezoning is not expected to create significant additional
demands on public facilities in this area. Any additional development wili need to
demonstrate that there are adequate public facilities in the area to support such
development.
6. Whether and the extent to which the proposed amendment would result In
significant adverse impacts on the natural environment;
The proposed amendment is not anticipated to create adverse impacts on the
natural environment. Any development will be required to comply with ali state
and local environmental regulations. The site is currently developed for a
refrigeration and photography business. No expansion of current structures is
proposed.
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;
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September 10, 2003
Page 4
Subject: Gerhard Kampichler
File No.: RZ-03-D34
The proposed amendment would result in an orderly and logical development
pattern. Adjacent properties are zoned for commercial general uses. There are
two food stores located at the intersection of 33rd Street and Meadow Lane.
There are also some multiple-family dwellings in the area.
8. Whether the proposed amendment would be in conflict with the public
interest, and is In harmony with the purpose and intent of this Code;
The proposed amendment is not in conflict with the public interest and is in
harmony with the purpose and intent of the 51. Lucie County Land Development
Code.
COMMENTS
The petitioner, Gerhard Kampichler, has requested this change in zoning from the CN
(Commercial, neighborhood) Zoning District to the CG (Commercial, General) Zoning District on
property located at 1123 South 33rd Street in order to allow the property to be developed for
general commercial purposes. Mr. Kampichler operates a sealing and coating business and
thus a rezoning to CG is required. The current operation of a refrigeration business is a non-
conforming use and the photography business conforms to both the CG and CN Zoning
Districts.
Attached is a copy of Section 3.01.03(5) - CG (Commercial, General), of the 51. Lucie
County Land Development Code, which delineates the permitted, accessory, and conditional
uses allowed in these zoning districts. If a change in zoning is approved, the applicant, by right,
would be allowed to establish any of the uses under the Permitted Uses section. Any use
under the Accessory Uses section would be allowed only if one or more of the pennitted uses
exist on the subject property. Any use under the Conditional Uses section could only be
allowed if it first receives approval through the Board of County Commissioners.
Staff has reviewed this petition and detennined that it conforms to the standards of
review as set forth in Section 11.06.03 of the 51. Lucie County Land Development Code and is
not in conflict with the goals, objectives, and policies of the 51. Lucie County Comprehensive
Plan. Staff is, therefore, recommending that this Board forward a recommendation of approval
to Board of County Commissioners.
Please contact this office if you have any qUestions on this matter.
Attachment
hf
cc: County Administrator
County Attorney
Gerhard Kampichler
File
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Section 3.01.03
Zoning District Use Regulations
CN
COMMERCIAL NEIGHBORHOOD
1. Purpose
The purpose of this district is to provide and protect an environment suitable for limited retail trade
and service activities covering a relatively small area and that is intended to serve the population
living in surrounding neighborhoods. The number in "()" following each identified use correspond&
to the SIC code reference descrIIed in Section 3.01.02(8). The number 999 applies to a use not
defined under the SIC code but may be further defined in Section 2.00.00 of this code.
2. Permitted Uses
-'-.
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a.
b.
c.
d.
e.
t.
Beauty and barber services. (l23n2CI
Civic, social and fraternal associations ....,)
Depository institutions (80)
Laundering and drycleaning (self-service). (72'5
Real estata (OS)
Repair selViœs:
(1' Electrical repair. (7tI2
(2) Shoe repairs (725
(3) Watch, clock, jewelry, and musical instrument repair. (7113')
Reta" trade (each buiJding shall be less than 6,000 square feet gross floor area, ali uses
inclusive):
(1) Antiques (5932)
(2) Apparel and acœssories. (SO)
(3) Books and stationery. (SII>IS84'1
(4) Cameras and photographic supplies. _
(5) Drugs and proprietary._
(6) Eating places C"'2)
(7) Florists. C....,
(8) Food stores ($4)
(9) Gifts, novelties, epd souvenirs. C'.")
(10) Hobby, toy and game shops~)
(11 ) Household aPflllances (5l2
(12) JeWelry. (5044,
(13) Newspapers and magazines. (5994)
(14) OptiCal goods. (5105,
(15) Nurseries, 18Y(I1 and garden supplies. (528)
(16) Radios, TVs, consumer electronics and music supplies (573)
(17) Sporting goods and bicycles. (....)
(18) Tobacco products. \5003)
Video tape rental (714)
g.
3. Lot Size Requirements
Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordanœ with Section 7.04.00.
Adopted August " 1990
114
Revised Through 08101/00
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Secfion 3.01.03
Zoning Dlslrict Use Regulations
5.
Off-street Parking and Loading Requirements
Off-street parking and loading requirements are subject to Section 7.06.00.
6. Landscaping Requirements
Landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses
a. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22. ('999)
b. Day care - adult (8322)
- child (8351)
c. Postal services. (<311)
d. Retail trade:
(1) Gasoline services - accessory to retail food stores under SIC-5411. ('999)
(2) Undistilled alcoholic beverages accesSory to retail sale of food. (5021 .",- "" """"J
e. Telecommunicafion towers - subject to the standards of Section 7.10.23 ('999)
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00 and include the followin~:
a.
b.
Drinking places (undistilled alcoholic beverages) accessory to an eating place. ('999)
One dwelling unit contained within the commercial buDding, for on-slte security purposes. ('999)
Adopted August 1,1990
115
ReviSed Through 08101/00
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1. Purpose
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Section 3.01.03
Zoning District Use Regulations
CG
COMMERCiAl, GENERAl
The purpose of this district is to provide and protect an environment suitable for a wide variety of
commercial uses intended to serve a population over a large market area, which do not impose
undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with
such other uses as may be necessary to and compatible with general commercial surroundings. The
number in ·0· following each identified use corresponds to the SIC code reference described in
Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be
further defined in Section 2.00.00 of this code.
2. Pennitted Uses
a.
b.
c.
d.
e.
f.
g.
h.
/""' i.
j.
k.
J.
m.
n.
o.
p.
q.
r.
s.
I.
u.
v.
w.
x.
y.
z.
aa.
bb.
cc.
dd.
ee.
ft.
gg.
Adjustment/collection & credit reporting services (l32
Advertising (73'1
Amphitheaters (910)
Amusements & recreation services - except stadiums, arenas. race tracks, amusement parks
and bingo parlors (19
Apparel & accessory stores (S6
Automobile dealers (55
Automotive rental, repairs & servo (except body repairs) (7$1.....754)
Beauty and barber services (723f124)
Building materials, hardware and garden supply (S2)
Cleaning services 73<9)
Commercial printing (IOO
Communications - except lowers (48)
Computer programming, data processing & other computer servo (T.I1
Contract construction servo (office & Interior storage only) (15/111171
Cultural activities and nature exhibitions (991
Duplicating, maßing. commercial artIphoto. & stenog. servo (733)
Eating places (5811
Educational services - except public schools (82
Engineering. accounting. research, management & related services (97)
Equipment rental and leasing services (135)
, Executive. legislative, and judicial functions {91~
Farm labor and management services (011)
Financial, insurance, and real estate _,_
Food stores ("
Funerat and crematory services (721
Gasoline service stations 1S540
General merchandise stores (S3)
Health services (80)
Home furniture and furnishings (57)
Landscape & horticulturat services (018)
Laundry. cleaning and gannent services (73')
Membership organizations - except for religious organizations as provided In Section
8.02.01 (H) ofthis code (861
Miscellaneous retail (see SIC Code Major Group 59):
(1 ) Drug stores (50')
Adopted August 1. ,990
118
Revised Through 0810,100
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Section 3.01.03
Zoning District Use Regulations
~
(2) Used merchandise stores (5931
(3) Sporting goods (""1
(4) Book & stationary (S9<2JS9<3
(5) Jewelry (5""
(6) Hobby. toy and games (.....
(7) Camera & photographic supplies (594&'
(8) Gifts. novelty and souvenir (5S41)
(9) luggage & leather goo<fs_
(10) Fabric and mill products 15S4O
(11) Catalog, mail order and direct selling (5981159631
(12) llquified petroleum gas (propane) (....1
(13) Florists (5992)
(14) Tobacco (59S3)
(15) News dealers/newsstands _I
(16) Optical goods (5995)
(17) Misc. retail (See SIC Code for specific uses) (59901
hh. Miscellaneous persona! services (see SIC Code Major Group 72):
(1) Tax retum services (72111
(2) Misc. retaU (See SIC Code for specific uses) (1299)
it Miscellaneous business services (see SIC Code Major Group 73):
(1) Detective. guard and annored car services (7381)
(2) Security system services (7382
(3) News syndicate (7383)
(4) Photofinishing laboratories (73IM)
(5) Business services - misc. ~
Ji. Mobile home dealers (S271
kk. Mobile food vendors (eating places, fruits & vegetables-retail) (9S91
II. Motion pictures (701
mm. Motor vehicle parking - commercial parking & vehicle storage. (7521
nn. Museums, galleries and gardens (IN)
00. Personnel supply services (736)
pp. Photo finishing services (73IM)
qq. Photographic services (7221
IT. Postal services (")
ss. Recreation faCtlifles (099)
II. Repair services (76,
uu. Retaillrade-lndoor display and sales only, except as provided in Section 7.00.00. 1'90)
w. Socia! services:
(1 ) Individual & family social services (6321839)
(2) Child care services 6S51
(3) Job training and vocational rehabRitalion services _I _
ww. Travel agencies ("24)
xx. Veterinary services IT>")
3. lot Size Requirements
lot size requirements shall be in accordance with Section 7.04.00.
Adopted August " 1990
119
Revised Through 08101/00
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SAction 1.01.03
Zoning District Use Regulations
Dimensional Regulations
Dimensional requirements shan be in accordance with Section 7.04.00.
5. Off-street Parking and Loading Requirements
Off-street parking and loading requirements are subject to Section 7.06.00.
6. Landscaping Requirements
Landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses
a.
b.
c.
d.
e.
f.
g.
h.
i.
/-' j.
k.
k.
I.
Adult establishments subject to requirements of Sec. 7.10.10. (9011)
Drinking places (alcoholic beverages) - free-standing. (....)
Disinfecting & pest control services. (7342
Amusement parks. (7111)
Go-cart tracks. (71199
Hotels & motels. (701)
Household goods warehousing and storage-mini-warehouses (9011)
Marina - recreational boats only. (4403)
Motor vehicle repair sarvices - body repair. (703)
Sporting and reaeational camps. (7032)
Retan trade:
(1) Liquor stores. (58Z
Stadiums. arenas, and race tracks. (714)
Telecommunlcationtowars - subject to the standards of Section 7.10.23 (999)
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the Fo!k,",fng:
a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social,
and tratemal organiZations).
b. One single-famlly dwelling unit contained within the commercial building, or a detached
single-famUy dwelling or mobne home, (for on-site security purposes).
c. Retail trade:
(1) Undlstilled alcoholic beverages (accessory to retail sale of food).
120
Revised Through 08101/00
Adop(ed AugtJst 1. 1990
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To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
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Agenda Request
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Item Number
Date:
10/21/03
Consent
Regular
Public Hearing
Leg. [ ]
[ ]
[ ]
[X]
Quasi-JD [ X ]
Board of County Commissioners
Community Development
L2r/
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Consider Draft Resolution 03-234 granting a nditional Use Permit to allow
Educational Services and Facilities in the I (Institutional) and RF (Religious Facilities)
Zoning Districts for property located at 4500 South 25~ Street.
First Baptist Church of Ft. Pierce has requested a Conditional Use Perm~ to allow
Educational Services and Facilities for a maximum of 40 pre-school students in the I
(Institutional) and RF (Religious Facilities) Zoning Districts. The applicant is proposing
the addition of two new 672 square foot classroom buildings. Educational Services and
Facilities are allowed as conditional uses in this zoning district subject to the approval of
the Board of County Commissioners. (File No: CU-03-014)
NIA
At the September 18, 2003, public hearing on this matter, the St. Lucie County
Planning and Zoning Commission, by a vote of 9 to 0, recommended approval of the
requested Conditional Use Permit.
Staft recommends approval of Draft Resolution 03-234, subject to three limiting
conditions.
Approved (4·0) Bames·Absent
COMMISSION ACTION:
c:!J APPROVED D DENIED
D OTHER
CURRENCE:
ouglas M. Anderson
County Administrator
County Attomey
Originating Depl:
Finance:
Coordination! Signatures
Mgt. & Budget:
Other.
Purchasing: ~
Other. .
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Commission Review: October 21 , 2003
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
MEMORANDUM
TO: County Commission
FROM: Community Development Director
DATE: October 15, 2003
SUBJECT: Application of First Baptist Church of Ft. Pierce for a Conditional Use
Permit to allow Educational Services and Facilities in the I (Institutional)
and RF (Religious Facilities) Zoning Districts.
LOCATION: 4500 South 25th Street
ZONING DISTRICTS: I (Institutional) and RF (Religious Facilities)
FUTURE LAND USE: RU (Residential Urban)
PARCEL SIZE: 19.46 acres
PROPOSED USE: Educational Services and Facilities
SURROUNDING ZONING:
SURROUNDING LAND USES:
FIRE/EMS PROTECTION:
RS-2 (Residential, Single-Family - 2 dufacre) Zoning to the
north. AR-1 (Agricultural, Residential - dufacre) to the
south and across South 25th Street to the west. RlC
(Residential Conservation) is located to the east. I
(Institutional) and RF (Religious Facilities) are also located
to the west.
The general existing use surrounding the property is
residential to the north and vacant to the south and east.
To the northwest is another church facility and pre-school.
The Future Land Use Classification of .the immediate
surrounding area is RS (Residential Suburban) to the
south, north, and west. RlC (Residential Conservation) is
located to the east.
Station #Ô (350 East Midway Road) is located
approximately 3.5 miles to the east.
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October 15, 2003
Page 2
Subject: First Baptist Church of Ft. Pierce
File No.: CU-03-014
UTILITY SERVICE:
The subject property is serviced by a well and septic
system. The addition of classrooms may require a
modification to the system.
TRANSPORTATION IMPACTS
RIGHT-oF·WAY
ADEQUACY:
The existing right-of-way width for South 25th Street in
front of the subject property varies from 80 feet to 111.14
feet. Additional right-of-way for South 25th Street is
currently being pursued by the Property Acquisitions
Division. The right-of-way acquisition needs from this site
varies from 26.14 feet in width at the north to 30.33 feet at
the south. Staff has added a recommended condition to
require the resolution of this matter prior to the issuance of
any building permits.
SCHEDULED
IMPROVEMENTS:
This section of South 25th Street is scheduled to be four-
laned with median in the Spring of 2004.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity.
*******************A11AAAAAAÁ.*********************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for the proposed conditional use, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed conditional use is in conflict with any applicable
portions of the SI. Lucie County Land Development Code;
The proposed conditional use is not in conflict with any applicable portions of the
SI. Lucie County Land Development Code. Section 3.01.03(X)(7), of the I
(Institutional) Zoning District and RF (Religious Facilities) Zoning District, allows
educational services and facilities as a conditional use subject to Board of
County Commission approval.
2. Whether and the extent to which the proposed conditional use would have
an adverse Impact on nearby properties;
"""
...,
October 15, 2003
Page 3
Subject: First Baptist Church of Ft. Pierce
File No.: CU-D3-014
The proposed conditional use is not expected to adversely impact the
surrounding properties. The subject property is currently the location of a church
facility. The proposed project would add two 672 square foot classrooms to the
site.
3. Whether and the extent to which the proposed conditional use would be
served by adequate public facilities and services, Including roads, pOlice
protection, solid waste disposal, water, sewer, drainage structures, parks,
and mass transit;
This conditional use is not expected to create significant additional demands on
any public facilities in this area. South 25th Street currently has a transportation
Level of Service "B". As noted above, South 25th Street is scheduled for four
laning and a median in this area.
4. Whether and the extent to which the proposed conditional use would result
in significant adverse impacts on the natural environment;
The proposed conditional use is not anticipated to create adverse impacts on the
natural environment. The proposed facilities are to be located on-site in new
structures in an area previously cleared.
COMMENTS
The applicant, First Baptist Church of Ft. Pierce, has applied for the requested conditional
use in order to establish an educational facility for a maximum of 40 pre-school students. The
applicant is proposing the addition of two new 672 square foot classroom buildings. Educational
Services and Facilities are allowed as conditional uses in this zoning district subject to the
approval of the Board of County Commissioners. The applicant has provided an adjustment to
their existing site plan (attached) that indicates the location of the proposed classrooms.
At the September 18, 2003, public hearing on this matter, the St. Lucie County Planning and
Zoning Commission, by a vote of 9 to 0, recommended approval of the Conditional Use Permit
to allow Educational Services and Facilities in the I (Institutional) and RF (Religious Facilities)
Zoning Districts.
Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the
St. Lucie County Lañd Development Code and is not in conflict with the goals, objectives, and
policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this
petition to the Board of County Commissioners with a recommendation of approval, subject to
the following conditions:
1. The number of students at the educational facility shall be limited to a maximum of 40.
2. The routine hours of operation for the educational facility shall be from 7 A.M to 6 P.M.,
Monday through Friday.
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....,
October 15, 2003
Page 4
Subject: First Baptist Church of Ft. Pierce
File No.: CU-03-014
3. First Baptist Church of FI. Pierce shall finalize negotiations with SI. Lucie County for the
conveyance and acquisition of additional right-of-way for South 25th Street prior to any
building permits being issued for the education facilities addition.
Attached is a copy of Draft Resolution 03-234, which, if approved, would grant the Conditional
Use Permit to allow Educational Services and Facilities in the I (Institutional) and RF (Religious
Facilities) Zoning Districts.
Please let me know if you have any questions.
SUBMITTED:
hf
cc: County Administrator
County Attorney
Planning Manager
Mitchell Wilson
File
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RESOLUTION 03-234
FILE NO.: CU-G3-G14
A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
ALLOW EDUCATIONAL SERVICES AND FACILITIES IN THE I
(INSTITUTIONAL) AND RF (RELIGIOUS FACILITIES) ZONING
DISTRICTS FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY,
FLORIDA.
WHEREAS, the Board of County Commissioners of 51. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. First Baptist Church of FI. Pierce. presented a petition for a Conditional Use Permit to
allow Educational Services and Facilities in the I (Institutional) and RF (Religious
Facilities) Zoning Districts, depicted on the attached maps as Exhibit "A" and described
in Part "B" below.
2. On September 18, 2003, the 51. Lucie County Planning and Zoning Commission held a
public hearing on the petition, after publishing notice at least 10 days prior to the
hearing and notifying by mail all owners of property within 500 feet of the subject
property, and recommended that the Board of County Commissioners approve a
conditional use permit to to allow Educational Services and Facilities in the I
(Institutional) and RF (Religious Facilities) Zoning Districts for the property depicted on
the attached Maps and described in Part B below.
3. On October 21,2003, this Board held a public hearing on the petition, after publishing
notice at least 10 days prior to the hearing and notifying by mail all owners of property
within 500 feet of the sUbject property.
4. The proposed Conditional Use is consistent with the goals, objectives, and policies of
the 51. Lucie County Comprehensive Plan and has satisfied the requirements of
Section 11.07.03 of the 51. Lucie County Land Development Code.
5. The proposed Conditional Use will not have an undue adverse effect on adjacent
property, the character of the neighborhood, traffic conditions, par1<ing, utility facilities,
or other matters affecting the pUblic health, safety, and general welfare.
6. The proposed Conditional Use will be serviced by adequate public facilities and
services.
7. A Certificate of Capacity as required under Chapter V, 51. Lucie Land Development
Code, a copy of which is attached to this resolution, was granted by the Community
Development Director on October 21, 2003.
File No.: CU-03-014
October 21, 2003
Resolution 03-234
Page 1
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a
Conditional Use Permit for First Baptist Church of Ft. Pierce to allow Educational
Services and Facilities in the I (Institutional) and RF (Religious Facilities) Zoning Districts is
hereby granted for the property described below, subject to the following conditions:
1. The number ofstudents atthe educational facility shall be limited to a maximum of
40.
2. The routine hours of operation for the educational facility shall be from 7 A.M to 6
P.M., Monday through Friday.
1. First Baptist Church of Ft. Pierce shall finalize negotiations with St. Lucie County
for the conveyance and acquisition of additional right-of-way for South 25"' Street
prior to any building permits being issued for the education facilities addition.
B. The property on which this Conditional Use is being granted is described as follows:
SECTION 33, TOWNSHIP 35 SOUTH, RANGE 40 EAST. THE NORTH 800 FEET OF THE
SOUTHWEST Yo OF THE SOUTHWEST Yo . LESS THE WEST 40 FEET AND LESS THE
ADDITIONAl RIGHT-OF-WAY TO ST LUCIE COUNTY AS IN OFFICiAl RECORDS BOOK
729, PAGE 165. (Tax ID#: 2433-331-0001-000/0)
(Location:
4500 South 25th Street)
C. This Conditional Use Permit approval shall expire on October 21, 2004, unless a zoning
compliance is obtained or an extension is granted in accordance with Section
11.02.06(B)(3), St. Lucie County Land Development Code.
D. The Conditional Use Permit approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, First Baptist Church of Ft. Pierce,
including any successors in interest, shall obtain all necessary permits and authorizations
from the appropriate Local, State, and Federal regulatory authorities prior to the issuance
of any local building permits or authorizations to commence development activities on the
property described in Part B. .
E. This conditional use permit is not assignable. Should First Baptist Church of Ft. Pierce
choose to assign this conditional use to another pest control service, the new operator
shall be required to obtain a major adjustment to a conditional use permit to allow its
continued operation at this location.
File No.: CU-03-014
October 21, 2003
Resolution 03-234
Page 2
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F. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid
for the period of Conditional Use approval. Should the Conditional Use approval granted
by this resolution expire or an extension be sought pursuant to Section 11.07 .05(F) of the
SI. Lucie County Land Development Code, a new certificate of capacity shall be required.
G. The SI. Lucie County Community Development Director is hereby authorized and directed
to cause the notation of this resolution to be made on the Official Zoning Map of SI. Lucie
County. Florida, and to make notation of reference to the date of adoption of this
resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes
xxx
Vice-Chairman Paula A. Lewis
xxx
Commissioner Frannie Hutchinson
xxx
Commissioner Doug Coward
xxx
Commissioner John D. Bruhn
xxx
PASSED AND DULY ADOPTED This 21st Day of October 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
Deputy Clerk
County Attorney
hi
H:IWORDlPetitionsIBCC\Flnished.03IFirstBaptlst-FP .CU\FirstBaptist-FP-RES.doc
File No.: CU-03-014
October 21, 2003
Resolution 03-234
Page 3
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Exhibit A
3
4
5
Maps
6
7
. General Location Map
. Area Subject to the Conditional Use
Permit Approval
· Certificate of Capacity
8
9
10
11
12
13
14
15
16
17
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File No.: CU-03-014
October 21, 2003
Resolution 03-234
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AGENDA ITEM 7: FIRST BAPTIST CHURCH OF FT. PIERCE - FILE NO. CU-03-014:
Mr. Hank Flores, presenting Staff comments, stated that Agenda Item # 7 was the application of
First Baptist Churcb of Ft. Pierce for a Conditional Use Pennit to allow Educational Services
and Facilities in the I (Institutional) and RF (Religious Facilities) Zoning Districts for 19.46 acres
of property located at 4500 South 25th Street. He continued that the surrounding zoning is RS-2
(Residential, Single-Family - 2 dulacre) zoning to the north with AR-l (Agricultural, Residential
- 1 dulacre) to the south and across South 25th Street to the west. He also stated that RlC
(Residential Conservation) is located to the east with I (Institutional) and RF (Religious Facilities
located to the west.
Mr. Flores stated that the applicant bas applied for the requested conditional use in order to
establish an educational facility for a maximum of 40 students for a pre-school. He advised that
a church is currently located on the subject property and the addition of two new 672 square foot
classroom buildings is being proposed. He also stated that educational services and facilities are
allowed as conditional uses in both zoning districts subject to the approval of the Board of
County Commissioners.
Staff has reviewed this petition and detennined that it conforms to the standards of review as set
forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is
recommending that you forward this petition to the Board of County Commissioners with a
recommendation of approval, subject to three limiting conditions:
1.
The number of students shall be limited to a maximum of 40.
2.
The hours of operation for the educational facility shall be from 7 A.M to 6
P.M., Monday through Friday.
3.
First Baptist Church of Ft. Pierce shall finalize negotiations with St. Lucie
County for the additional right-of-way for South 25th Street prior to pennits
being issued for the school addition.
Mr. Charlie Canginelli, 1004 S 11th Street, stated that he was there representing the applicant
and Pastor Andy Boyd was also present. He continued that this request was to accommodate an
education facility. He advised that the proposed preschool facility would accommodate 40
children, Monday through Friday, from 7 a.m to 6 p.m. He stated that at this time the 23 acre
site was under design for a new church, preschool, and supporting facility. He advised that he
did not know if it was possible for the applicant to meet condition # 3.
Pastor Andy Boyd, 1715 SW Mockingbird Drive, stated that he has spoken with David Brian
McCarsky who is representing the County in land acquisition along 25th street for the widening
project and will be signing a counter offer in the morning. He continued that he didn't believe
there would be any problem with the negotiations and meeting condition # 3 that was set forth.
Mr. Grande questioned if the applicant would be willing to leave condition # 3 as it was written
in the staff report. Pastor Boyd stated that would be fine. Mr. Grande questioned if they could
justify adding condition # 2 because it would never allow a night class or any kind of evening
activities. Mr. Flores stated that it was consistent with what was done with previous preschool
requests. He continued that they recognize there might be occasional nighttime activities, which
P & Z I LPA Meeting
September 18, 2003
Page 18
\r.
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would be allowed. Mr. Kelly stated that the intent was not to prevent parents meeting at night to
discuss educational issues but was to limit the actual operation of the educational facility and
children.
Chairman Merritt opened the public hearing.
Mr. 10hn Ferrick, 4802 S 25th Street, stated that his wife Patricia Ferrick has concerns regarding
the ingress and egress on 25th Street. He advised that if constructed there would only be a left
turn heading south and on! y a right turn heading north causing u-turns in this area. He stated that
there would not be the ability for a bus to make turns into the property safely. He questioned
what portion of this property the conditional use would apply to. He stated that the size of the
property could lead to expansions. He also stated that this property burned exotics when clearing
the property, which caused serious health threats and hazards in the area. He stated that this
parcel is 19 1/2 acres for a 40<hild, two<lassroom preschool and that seems a little much.
Mr. Mitchell Wilson, 1005 W 1st Street, stated that there would not be any busing for this
facility, only parent drop-{)ff and pick-up. He also stated that the modular unit for the school
would be placed on their existing property, not where the property is currently being cleared. He
advised that the burning on the site was complete and there would not be any additional burning
done. He stated that they were clearing the property for the past two or three months, had the
proper pennits, and met all of the requirements necessary for the burning. He stated that they
tried diligently to address any concerns from the neighborhood that they were told about. He
also stated that they were inspected almost daily during the clearing process by regulatory
agencies from the County and the City. He continued that they worked with the Division of
Forestry, Fire District, and all necessary agencies for their clearing and burning. He advised that
they are working with RK Davis on the fIrst phase of their project and their master site plan.
Mr. Hearn questioned if the applicant would have any problem adding a condition that there
would not be any school bus transportation. Mr. Canginelli stated there was no problem with
adding that condition. Chairman Merritt stated that he felt it would be more sensible to have one
single bus entering and exiting the school rather than forty cars. Mr. Hearn stated that if the
traffic structure could support a bus he didn't have a problem with that. He continued that he
was under the impression there were problems getting a bus in and out of the property. Mr.
Ferrick stated that under the new proposed 4-lane construction of 25th street it has an island in
the median area, which would make it difficult for a bus to enter or exit the property.
Pastor Boyd stated that their church currently owns and utilizes a 27-passenger mini bus, which
has no trouble turning around or maneuvering in and out of the property. He agreed that it
wasn't as long as a school bus, but that shouldn't be a problem. He advised that their site is large
enough to accormnodate larger vehicles turning around.
Mr. Trias questioned if this is a DOT road or a County road. Mr. Kelly explained it is a DOT
road. Mr. Trias questioned if the County has any influence regarding the design of the median.
Mr. Kelly stated that they have very little to do with DOT roadway projects. Ms. Hammer stated that if this is just a design and isn't built yet, Senator Pruitt and Representative Harrell should be
able to do something to correct this issue.
Seeing no one else, Chairman Merritt closed the public hearing.
P & Z I LPA Meeting
September 18, 2003
Page 19
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Mr. Hearn stated that after considering the testimony presented during the public bearing,
including staff comments, and the Standards of Review as set forth in Section 11.07.03, St.
Lucie County Land Development Code, I hereby move tbat the Planning and Zoning
Commission recommend that the St. Lucie County Board of County Commissioners grant
approval to the application of First Baptist Cburcb of Ft. Pierce for a Conditional Use
Pennit to allow educational services and facilities in the I (Institutional) and RF (Religious
Facilities) Zoning Districts subject to the three conditions listed in the Staff report because
it appears to be a natural progression of their plans for this area and with some adjustment
on DOT's part scbool buses could use tbis property.
Motion seconded by Mr. Grande.
Upon a roll call vote the motiou was unanimously approved (with a vote of 9-0) and
forwarded to the Board of County Commissioners witb a recommendation of approval.
P & Z ILPA Meeting
September 18,2003
Page 20
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,;
October 10, 2003
COMMUNITY
DEVELOPMENT
DIRECTOR
BOARD OF COUNTY
COMMISSIONERS
In accordance with the 5t. Lucie County Land Development Code, you are hereby advised that FIRST
BAPTIST CHURCH OF FT. PIERCE has petitioned 5t. Lucie County for a Conditional Use Permit to
allow educational services and facilities within the I (Institutional) and RF (Religious Facilities) Zoning
Districts for the following described property:
Location:
4500 South 25th Street.
THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST
The second publù: hearing on the petition wül be held at 7:00 P.M., or as soon thereafter as possible, on
October 21, 2003, County Commissioner's Chambers, St. Lucie County Administration Building Annex,
2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard
at that time. Written comments received in advance of the public hearing will also be considered. The
County Planning Division should receive written comments to the Board of County Commissioners at least 3
days prior to a scheduled hearing.
County policy discourages communication with individual County Commissioners on any case outside of the
scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record.
The proceedings of the County Commission are electronically recorded. If a person decides to appeal any
decision made by the County Commission with respect to any matter considered at such meeting or hearing,
he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn
in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying
during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date·<:ertain.
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie
County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777
or T.D.D. 772/462-1428.
If you no longer own property adjacent to the above-described parcel, please forward this notice to the new
owner. Please call 772/462-1582 if you have any questions, and refer to: File Number CU-03-014.
Sincerely,
ST. LPCI"E, CO~Y BOARDJ. COMMISSIONERS
/þ~#~ ~
~J7~s: Cbainnan
JOHN D. ßRUHN, District NO.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No..3 . FRANNIE HUTCHINSON, OisrriCT No_ 4 . CLIFF ßAI\NES, District No 5
County Adminisrrator - Douglas M. Anderson
2300 Virginia Avenue . Fort Pierce, FL 34982·5652
Administrorian: (772) 462·1590 . Planning: (772) 462-2822 . GISfTechnicol SeNices: (772) 462-1553
Economic Development: (772) 462·1550 . Fox: (772) 462·1581
Tourist/Convention: (772) 462·1529 . Fox: (772) 462·2132
www.co.sr·lucie.fl.us
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..,,¡
0109 MOl1CE
.
ST. LUCIE COUNTY'
BOARD OF
COMMISSIONERS
PUBLIC HEARING
AGENDA
October 21, 2003
TO WHOM IT MAY CON·
CERN:
NOTICE is hereby given
in accordance with Sec~
tion 11.00.03 of the St.
Lucie County Land De,'
velopment Code and in
accordance with the pre-
visions of the St. Lucie
County Comprehensive
Plan, that the following
applicants have request·
ed that the St. Lucie
County Board of Com·
missioners consider
their fallowing requests:
3.FIRST BAPTIST\
CHURCH OF FT. PIERCE,
for a Conditional Use
Permit to allow educa·
tional services and t8Cili-¡
ties in the I (lnslilulionall
and RF (Religious Facili·
ties) Zoning Districts for
the following described
property: ;
,;
l.GERHARD KAMPICHL·
ER, for a Change in Zon·
i ng from the CN (Co·
mmercial, Neighbor·
hood) Zoning' Dislrict 10
Ihe CG (Commercial.:
General) Zoning Dislrict I
for Ihe following de· .
scribed property:
17 35 40 N 128.1FT OF E I
340.5 FT OF NE 1/4 OF
SE 1/4 OF NW 1/4 LESS
E 30 FT. (0.91 I\C) (OR
297·1592)
Localion:1123 Soulh
33rd Street.
2.T&T LAND LTD.. for a
Change in Zoning from
Ihe AG·1 (Agricultural .
1 du/acre) Zoning Dis;
Irict 10 the IL (Industrial)
Lighll Zonin,g Dislrict for
the following described
property:
NO.RTH 1/2 OF THE
NORTHWEST .1/4 OF
THE SOUTHWEST 114
OF SECTION 1·35-39 \
Localion:Easl side Of\
North Kings Highway,
approximalely 2,500 feel
soulh of Angle Road. ;
-
33 35 40 N 800 FT OF SW
1/4 OF SW "/4·LESS W
40 FT AND LESS ADDN
R/W TO ST LUCIE C.O'
AS IN OR 729·165 (23.351
ACJ (OR 702·737 THRU:
744:',94-2358) ,
Localion:4500 SOUlh'
251h Slreet.
PUBLIC HEARINGS, willi
be held in Ihe Commis·'
sian Chambers, Roger
Poilras Annex, 3rd Floor
St. Lucie County Admin:
iSlralion Building 2300
Virginia Avenue' fort
Pierce, Florida on' Octo·
ber 21, 2003. beginning
al 7:00 P.M. or as soon
thereafter as possible.
I
PURSUANT TO Seclion'
286.0105, Florida Stal·'
ules, if a person decides"
10 appeal any decision
made by 'a board" agen.1
cy, or commission withi
,resp~cl 10 any matter
considered, al a meeting
or hearing, he will need
~ record of the proceed·
mgs, and Ihal, for such
purposes, he may need
to ensure that a verba-
lim record of the pro·
ceedings is made which
record includes .the testi-
mony and evide.nce
~pon which Ihe appeal
IS to be based.
BOARD OF COMMIS-
SIONERS
ST.. LUCIE COUNTY
FLORIDA '
ISI Cliff Barnes CHAIR-
MAN'
Publish: October 10, 2~
330885 t;;l
r"fTV nc: c:nOT DI~RrJ:
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Planning and Zoning Commission Review: 09/18/03
File Number GU-03-014
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO: Planning and Zoning Commission
FROM: Planning Manager .Q0¿
DATE: September 10, 2003
SUBJECT: Application of First Baptist Church of Ft. Pierce for a Conditional Use
Permit to allow Educational Services and Facilities in the I (Institutional)
and RF (Religious Facilities) Zoning Districts.
LOCATION: 4500 South 25th Street
ZONING DISTRICT: I (Institutional) and RF (Religious Faciiities)
FUTURE LAND USE: RU (Residential Urban)
PARCEL SIZE: 19.46 acres
PROPOSED USE: Educational Services and Facilities
SURROUNDING ZONING:
RS-2 (Residential, Single-Family - 2 dufacre) Zoning to the
north. AR-1 (Agricultural, Residential - dufacre) to the
south and across South 25th Street to the west RlC
(Residential Conservation) is located to the east I
(Institutional) and RF (Religious Facilities) are also located
to the west
SURROUNDING LAND USES:
The general existing use surrounding the property is
residential to the north and vacant to the south. To the
e¡¡,st is vacant, environmentally sensitive laod. To the west
is another church facility and pre-school.
, ~
The Future land Use Classification of the immediate
surrounding area is RS (Residential Suburban) to the
south, north, and west. RlC (Residential Conservation) is
located to the east.
FIRE/EMS PROTECTION:
Station #6 (350 East Midway Road) is located
approximately 3.5 miles to the east.
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September 10, 2003
Page 2
Subject: First Baptist Church of FI. Pierce
File No.: CU-03-014
UTILITY SERVICE:
The subject property is serviced by a well and septic
system. The addition of classrooms may require a
modification to the system.
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
The existing right-of-way width for South 25th Street in
front of the subject property varies from 80 feet to 111.14
feet. Additional right-of-way for South 25111 Street is
currently being pursued by the Property Acquisitions
Division. This right-of-way acquisition varies from 26.14
feet in width at the north to 30.33 feet at the south.
SCHEDULED
IMPROVEMENTS:
This section of South 25th Street is scheduled to be four-
laned with median in the Spring of 2004.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity.
***************************************************************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for the proposed conditional use, the Planning and Zoning
Commission shall consider and make the following determinations:
1. Whether the proposed conditional use is in conflict with any applicable
portions of the St. Lucie County Land Development Code;
The proposed conditional use is not in conflict with any applicable portions of the
St. Lucie County Land Development Code. Section 3.01.03(X)(7), of the I
(institutional) Zoning District and RF (Religious Facilities) Zoning District, allows
educational services and facilities as a conditional use subject to Board of
County Commission approval.
2. Whether and the extent to which the proposed conditional use would have
an adverse Impact on nearby properties;
The proposed conditional use is not expected to adversely impact the
surrounding properties. The subject property is currently the location of a church
facility. The proposed project would add two 672 square foot classrooms to the
site.
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September 10, 2003
Page 3
Subject: First Baptist Church of Ft. Pierce
File No.: CU-03-014
3. Whether and the extent to which the proposed conditional use would be
served by adequate public facilities and services, including roads, police
protection, solid waste disposal, water, sewer, drainage structures, parks,
and mass transit;
This conditional use is not expected to create significant additional demands on
any public facilities in this area. South 25th Street currently has a transportation
Level of Service "B". As noted above, South 25th Street is scheduled for four
laning and a median in this area.
4. Whether and the extent to which the proposed conditional use would result
in significant adverse impacts on the natural environment;
The proposed conditional use is not anticipated to create adverse impacts on the
natural environment. The proposed facilities are to be located on-site in new
structures in an area previously cleared.
COMMENTS
The applicant, First Baptist Church of Ft. Pierce, has applied for the requested
conditional use in order to establish an educational facility for a maximum of 40 students for a
pre-school. A church is currently located on the subject property. The applicant is proposing
the addition of two new 672 square foot classroom buildings. Educational Services and
Facilities are allowed as conditional uses in this zoning district subject to the approval of the
Board of County Commissioners. The applicant has provided an adjustment to their existing
site plan (attached) that indicates the location of the proposed classrooms.
Staff finds that this petition meets the standards of review as set forth in Section
11.07.03 of the St. Lucie County Land DevetopmentCode and is not in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that
you forward this petition to the Board of County Commissioners with a recommendation of
approval, subject to the following conditions:
1. The number of students shall be limited to a maximum of 40.
2. The hours of operation for the educational facility shall be from 7 A.M to 6 P.M., Monday
through Friday.
3. First Baptist Church of Ft. Pierce shall finalize negotiations with St. Lucie County for the
additional right-of-way for South 25th Street prior to permits being issued for the school
addition.
Please contact this office if you have any questions on this matter.
Attachment
hf
cc: County Administrator
County Attorney
Mitch Wilson
File
x.
L
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Section 3.01.03
Zoning District Use Regulations
INSTITUTIONAL
The purpose of this district is to provide and protect and environment suitable for institutional, public,
and quasi-public uses, together with such other uses as may be compatible with institutional, public,
and quasi-public surroundings. The number in "0" following each identified use corresponds to the
SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined
under the SIC code but may be further defined in Section 2.00.00 of this code.
2. Permitted Uses
.-
a.
b.
c.
Community residential homes subject to the provisions of Section 7.10.07. (999)
Family day care homes. (9991
Family residential homes provided that such homes shall not be located within a radius of
one thousand (1000) feet of another existing such family residential home and provided that
the sponsoring agency or the Department of Health and Rehabilitative Services (HRS)
notifies the Board of County Commissioners at the time of home occupancy that the home
is licensed by HRS. (999
Institutional residential homes. (999)
Parks. (999)
Police & fire protection (9221.922')
Recreational activities. (999
Religious organizations (860)
d.
e.
f.
g.
h.
3. lot Size Requirements
Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00.
5. Off-street Parking and loading Requirements
Off-street parking and loading requirements are subjeCt to Section 7.06.00.
6. landscaping Requirements
landscaping requirements are subject to Section 7.09.00.
7: Conditional Uses
a.
b.
c.
d.
e.
f.
g.
Amphitheaters. (9991
Cemeteries. (65$3)
Membership organizations (IllS)
Correctional institutions. (l2Z31
Cultural activities and nature exhibitions. (999)
Educational services and facilities (82)
Executive, legislative, and judicial functions. (0.....13..........."
~
Adapted August 1, 1990
132
Revised Through 08101/00
h.
i.
j.
k.
I.
m.
n.
o.
p.
q.
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Section 3.01.03
Zoning DI.Met use RegulaUons
Fairgrounds. (990)
Funeral and crematory services. (726)
Theaters. (...)
Medical and other health services. (001
Postal service. (<3)
Residential care facilities for serious or habitual juvenile offenders. (990)
Social services (83)
Sporting and recreational camps (7032)
Stadiums, arenas, race tracks (704)
Telecommunication towers - subject to the standards of Section 7.10.23 (990)
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a. Drinking places (alcoholic beverages related to civic, social, and fratemal uses). (990)
b. Restaurants. (Including the sale of alcoholic beverages for on-premises consumption only.)
(899)
c. Funeral and crematory services. (l2&
d. Heliport landing/takeoff pads. (S99)
e. Datached single-famny dwalling unit or mobne home, for on-site security purposes. (990)
f. Residence halls or dormitories. (8991
~
Adopted August 1, 1990
133
Revised Through 06101100
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Section 3.01.03
Zoning District Use Regulations
Y.
RF
RELIGIOUS FACILITIES
1. Purpose
The purpose of this District is to provide and protect an environment suitable for the establishment
and operation of churches, synagogues, temples, and similar uses. The number in "0" following each
identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number
999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00
of this code.
2. Permitted Uses
a. Churches, synagogues, temples, and similar uses. (999¡
3. Lot Size Requirements
Lot size requirements shall be in accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00.
5. Off-street Parking and Loading Requirements
Off-street parking and loading requirements are subject to Section 7.06.00.
6. Landscaping Requirements.
Landscaping requirements are subject to Section 7.09.00.
7. Conditional Uses
a. Day care facilities, associated and operated by the principal religious use located on that
property. This would include the operation of a day care facility during the nonnal business
week, as licensed by the State of Florida, as well as during any religious function or
associated activity. 999)
b. Educational services, associated with and operated by the principal religious use located on
that property. This would include the operation of an educational facility providIng general
academic and/or special training from grades K to 12, and as licensed by the State of Florida.
(995)
c. Telecommunication towers - subject to the standards of Section 7.10.23 (999)
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a. Parking lots & parking areas, together with related circulation elements.
b. Enclosed storage structures.
c. Playgrounds and athletic fields (no artificial lights) provIded that no activity area shall be
pennitted within twenty-tive (25) feet of the perimeter of the property.
Adopted August 1, 1990
134
RevIsed Through 08101/00
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Section 3.01.03
Zoning District Use Regulations
d.
Private water and sewage utility services provided that they are for the sole use of the
particular private development. are not intended to be a sub-regional system, and do not
involve industrial wastewater as defined.
Single family dwelling (detached or as part of the principal structure).
(1) Private swimming pool accessory to the single family dwelling provided that the
swimming pools shall be walled or fenced to prevent uncontrolled access to such
swimming pool from the street or from adjacent properties.
(2) Non--commercial g1!rages accessory to the single family dwelling.
e.
Adopted August 1, 1990
135
Revised Through 08101/00
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AGENDA REQUEST
ITEM NO. (;
DATE:
October 21, 2003
REGULAR [XX)
PUBLIC HEARING []
CONSENT []
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S, McIntyre
County Attorney
SUBJECT: Teague Property - Option Agreement - Authorization to Negotiate
BACKGROUND:
See attached memorandum
FUNDS A V AILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board authorize staff to
negotiate an option agreement with Teague for subsequent
Board approval with the purchase price based on appraisals
obtained by the County
IX! APPROVED [ ) DENIED
[ ) OTHER:
ou as Anderson
County Administrator
COMMISSION ACTION:
Approved (4·0) Barnes·Absent
County Attorney:
)L
Review and Approvals
Manage.ment & Budget Purchasing:
Originating Dept.
Public Works Dir:
County Eng,:
Finance: (Check for Copy only, if applicable)
Eff.5/96
·
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....,
INTER-OFFICE MEMORANDUM
ST. LUCIE COUN1Y, FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
03-1446
DATE:
October 13, 2003
SUBJECT:
Teague Property - Option Agreement - Authorization to
Negotiate
**************************************************************************
BACKGROUND:
County staff recently became aware of a possibility of acquiring a 150-155 acre
site in close proximity to the County-owned Paleo Hammock parcel. A map locating the
subject parcel and the County-owned parcel is attached. The subject property is
owned by Teague and fronts on Carlton Road. According to County Environmental Lands
Specialist Steve Fousek, the primary value of the property relates to the presence of
4 Indian mounds that comprise approximately 28 acres of the site. Given this large
size, the mounds could potentially be of significant historical importance. One of the
mounts is reported to be a burial mound. The other three mounds are middens. Eleven
acres of the site are depression marsh. Approximately 111 acres are improved pasture
land. If acquired, the pastureland will be restored to native habitat. Based on
preliminary scoring, Bill Hoefner, the County's grant writer, believes that the parcel
should be eligible for Florida Communities Trust (FCT) and USDA restoration funding.
The owner of the parcel has expressed a willingness to sell the property to the
County for approximately $10,000 per acre.
w
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RECOMMENDATION/CONCLUSION:
Staff recommends that the Board authorize staff to negotiate an option
agreement with Teague for subsequent Board approval with the purchase price based
on appraisals obtained by the County.
Respectfully submitted,
DSMlcaf
Attachment
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""""ITEM NO.6
October 21 . 2003
DEPARTMENT OF PUBLIC WORKS
ENVIRONMENTAL RESOURCES
TO:
DAN MCINTYRE, COUNTY ATTORNEY
STEVE FOUSEK, ENVIRONMENTAL LANDS SPECIALIST ~ \\\\ \h
VANESSA BESSEY, ENVIRONMENTAL RESOURCES MANAGE~ 'V' \'-1 .J
FROM:
THROUGH:
DATE:
OCTOBER 17,2003
SUBJECT:
TEAGUE PARCEL
I have reviewed the site characteristics of the southeastern 1/4 of parcel # 3228-1 I 1-0001-0007. The 150+/.
acre parcel located y, mile east of Paleo Hammock, contains approximately 29 acres (19%) of hydric
hammock, 21 (14%) acres of depression marsh and 100 acres (67%) of improved pasture.
The hydric hammock is in very good condition, containing a mix of mature Cabbage Palm, Live Oak, and
Laurel Oak. In addition Sugarberry, Mastic, Citrus, mulberry and strangler fig are present. A Simpsons
Stopper (Eugenia simpsonii), (threatened species) located in the hammock may be the largest of its kind in
the nation. Preliminary figures identifY the tree at 61 inches in circumference, 59 feet in height and 48 feet
of canopy (144 points). Currently the University ofFJorida is confinning the identification of the species.
The Depression Marsh contains a mix of Pickerelweed, Spikerush, Maidencane and Torpedo Grass. A series
of ditches have impacted the natural hydroperiod of the marshes.
The Improved Pasture contains a mix of Bahia, Dog fennel, smut grass, sedges and rushes.
Four (4) Native American mounds are located within the hydric hammock. These mounds have not been
official1y identified and recorded. They are approximately: 900' x 270', 630' x 90', 450' x 90' and 90' x 90'.
Initial surface examinations have found Native American pottery, shell and unidentified bones. In 1999, Mr.
George W. Percy, then Director of the Division of Historical Resources, Florida Department of State wrote
regarding mounds in the general vicinity: "In tenns of significance, little is known about the archaeology of
the interior Indian River/Lake Okeechobee region. Public access and interpretation at these sites can help
educate citizens and visitors in St. Lucie County regarding the culture of prehistoric people who lived in the
area thousands of years ago." This area between Lake Okeechobee and the Indian River is indicative of an
extensive occupation of early American settlements. In this area of the state, very few of these sites are in
public protection,
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..JITEM NO.6
~
October 21, 2003
DEPARTMENT OF PUBLIC WORKS
ENVIRONMENTAL RESOURCES
TO:
DAN MCINTYRE, COUNTY AITORNEY
STEVE FOUSEK, ENVIRONMENTAL LANDS SPECIALIST ~ ~
VANESSA BESSEY, ENVIRONMENTAL RESOURCES MANAGER V
FROM:
THROUGH:
DATE:
OCTOBER 17,2003
SUBJECT:
TEAGUE PARCEL
I have reviewed the site characteristics ofthe southeastern 1/4 of parcel # 3228-111-0001-0007. The I50+/-
acre parcel located Yz mile east of Paleo Hammock, contains approximately 29 acres (19%) of hydric
hammock, 21 (14%) acres of depression marsh and 100 acres (67%) of improved pasture.
The hydric hammock is in very good condition, containing a mix of mature Cabbage Palm, Live Oak, and
Laurel Oak. In addition Sugarberry, Mastic, Citrus, mulberry and strangler fig are present. A Simpsons
Stopper (Eugenia simpsonii), (threatened species) located in the hammock may be the largest of its kind in
the nation. Preliminary figures identify the tree at 61 inches in circumference, 59 feet in height and 48 feet
of canopy (144 points). Currently the University of Florida is confinning the identification of the species.
The Depression Marsh contains a mix of Pickerelweed, Spikerush, Maidencane and Torpedo Grass. A series
of ditches have impacted the natural hydroperiod of the marshes.
The Improved Pasture contains a mix of Bahia, Dog fennel, smut grass, sedges and rushes.
Four (4) Native American mounds are located within the hydric hammock. These mounds have not been
officially identified and recorded. They are approximately: 900' x 270', 630' x 90', 450' x 90' and 90' x 90'.
Initial surface examinations have found Native American pottery, shell and unidentified bones. In 1999, Mr.
George W. Percy, then Director of the Division of Historical Resources, Florida Department of State wrote
regarding mounds in the general vicinity: "In tenns of significance, little is known about the archaeology of
the interior Indian RiverlLake Okeechobee region. Public access and interpretation at these sites can help
educate citizens and visitors in St. Lucie County regarding the culture of prehistoric people who lived in th,e
area thousands of years ago." This area between Lake Okeechobee and the Indian River is indicative of an
extensive occupation of early American settlements. In this area of the state, very few of these sites are in
public protection.
·
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...."
Teague Acquisition
D Subject parcel
Scale: 1" = 600'
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AGENDA REOUEST ITEM NO.-2i3r
DATE: OC~ fJI.} 2003
REGULAR [X J
PUBLIC HEARING [ J
CONSENT [ J
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY(DEPT): Administration
inistrator
SUBJECT: Request for Renewal of the Bus Bench Agree ent for 3 Years with
Metropolitan Systems, Inc. to Benefit the Fort Pierce Jaycees, Port St. Lucie
Jaycees, United Way, Boy's and Girl's Clubs and Big Brother's and Big Sister's
BACKGROUND: County Code Enforcement Staff inspected and photographed existing benches on
September 17, 2003 and found them to be in good condition.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: St. Lucie County approved an agreement in 1998 with Metropolitan
Systems, Inc. to provide 50 bus benches in the unincorporated area of the County.
RECOMMENDATION: Staff recommends that the Board consider the request to extend the Bus
Bench Agreement with Metropolitan Systems, Inc. for 3 years.
COMMISSION ACTION:
Motion to terminate existing
agreement and direct staff to draft
RFQ for benches and bring back to
Board ASAP
Approved (3·') Bruhn·No,
Barnes Absent
o las Anderson
C unty Administrator
DtJ APPROVED [ J DENIED
[ J OTHER:
County Attorney:
J~
Review and Aoorovals
Management & Budget
Purchasing:
Originating Dept,
Other:
Other:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
"""
...",
COUNTY ADMINISTRATION
MEMORANDUM
03-084
TO:
Board of County Commissioners
Ray Wazny, Assistanj. County Administrato~
Octobed6, 2003
Metropolitan Systems,~(nc. - Bus Benches
,
FROM:
...¡~\
DATE:
RE:
Staff has confirmed that the $1,800 in donations have been received from Bus Bench rentals by the Boy's and Girl's
Clubs, Staff estimates that 35-40 benches are rented annually with revenue to Metropolitan Systems of $45,000 to
$55,000. '
RW:dlt
c. Doug Anderson, County Administrator
Dan Mcintyre, County Attomey
>
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,
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PROPOSED AGREEMENT
ST. LUCIE COUNlY, a political subdivision of the State of Florida,
hereinafter referred to as the "County", has detennined that the installation and
maintenance of a public seating service within the unincorporated areas of the
County would fulfill a public transportation need and be of continuing benefit to
the general traveling public, and to others; and,
WHEREAS, the County is charged with the public interest and, accordingly,
as proprietary function is desirous of having placed within its unincorporated areas,
at transit stops and/or other points of pedestrian convenience or necessity, benches
designed for comfortable seating in the order that such benches may inure to the
convenience and enjoyment of those who use public transportation, and of others;
and,
WHEREAS, METROPOLITAN SYSTEMS, INC" a corporation, hereinafter
referred to as "Metro", is engaged in the manufacture and installation of benches;
and,
WHEREAS, the Fr. PIERCE JAYCEES, PORT ST. LUCIE JAYCEES,
UNITED WAY, BOY'S AND GIRL'S CLUBS, AND BIG BROTHER'S AND BIG
SISTER'S hereinafter referred to as the "Clubs", are desirous of sponsoring and/or
co-sponsoring as a community project for the benefit and accommodation of the
g: \agreemnt\doc s\me tro. bus
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general traveling public, and of others, the placement of benches at transit stops
and/or other points of pedestrian convenience or necessity within the
unincorporated areas of the County and, to that end, have entered into agreements
with Metro.
NOW, THEREFORE, the Clubs and Metro do make the following proposal
to the County, whereby, upon its acceptance, the said desires of the County and of
the Clubs and of Metro can be followed:
1. Metro, its successors and assigns, shall install and at all times
hereunder continue to maintain benches, as hereinafter provided, upon public space
within the unincorporated areas of the County (as now constituted or hereafter
enlarged) in a quantity sufficient, in the judgment of the County reasonably
exercised, to establish a public seating service within County for benefit of the
general traveling public, and of others. For and in consideration of the installation
and continued presence of such public seating service, and in order to fund such
service, Metro shall have the right to lease display space on said benches, as
hereinafter provided, for both public service and commercial messages.
2. Benches placed within the unincorporated areas of the County, as
herein provided shall be governed by and subject to the following general criteria:
a. No more than fifty (50) benches shall be placed in the
unincorporated areas of the County under the tenns of this
g: \agreemnt\doc s\metro. bus
2
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Agreement. An initial list of approved bench locations IS
attached as Exhibit" A",
b. No bench shall be more than forty-three (43) inches high no
more than seventy-four (74) inches long nor more than twenty-
eight (28) inches wide.
c. Construction shall be of concrete and wood or of equivalent
materials. The seating area of the benches shall be of multi-
wood construction (or with the consent of the county, a high
density plastic) spaced so as to allow water to drain, properly
sealed and painted (or pressure treated) to assure resistance from
the elements.
d. Benches shall be placed at transit stops and/or other points of
pedestrian convenience or necessity and such placement shall be
subject to review and approval by the County prior to placement
so that no bench shall be permitted to obstmct passage along
any public way or to create a hazard or to proposed otherwise
be detrimental to the public safety, Metro shall submit a list of
locations to the County Administrator for review and approval
prior to placement. If the County Administrator does not
approve a proposed location, the County Administrator shall so
notifY Metro within fifteen (15) days of receipt of the list. All
proposed locations not so rejected by the County Administrator
shall be considered approved.
e. No bench, unless otherwise authorized, may be placed so that
the angle of its long diversion in relation to the curb line shall
be greater than thirty (30) degrees, and no bench, unless
. otherwise authorized, may be placed so that it is closer than
thirty (30) inches to the face of the curb,
f Not more than one (1) bench displaying a commercial message
or intended for the display of a commercial message shall be
permitted at a particular location and only one (1) bench
displaying a commercial message shall be permitted at any
intersection,
g: \agreemnt\doc s\m etro. bus
3
"'" ....,,¡
g. Display space shall be restricted to the backrest area of the
bench and shall not be greater than six (6) feet in length and
two (2) feet in height. No commercial message displayed
thereon shall appear other than on the hont or rear surface of
such backrest area. Should any message be deemed
objectionable in the judgment of the County Administrator,
then, upon notice to Metro such message shall forthwith be
removed by Metro within fifteen (15) days after the notice to
remove the bench.
h. Any bench deemed by Florida Department of Transportation
(referred to hereafter as "FOOT") Traffic, or County's Division
of Code Enforcement to be a hazard shall be removed
immediately upon written notice. If the bus bench is not
properly maintained as to aesthetics, function, and safety, Metro
shall be required to correct the deficiency within fifteen (15)
days after notice or remove the bench.
I. The bench location shall meet the set back and minimum clear
recovery zone requirements as detailed in the FOOT's Roadway
and Traffic Design Standards. Bench placement shall also be
subject to the criteria established by FOOT in accordance with
the current provisions of Chapter 337, Florida Statutes. All bus
benches shall be located so as to leave thirty-six (36) inches
clearance for pedestrians and persons in wheelchairs, which
clearance shall be measured in a direction perpendicular to the
centerline of a road.
J. Should any bench fail to conform to the above general criteria
or should a property owner object to the presence of a bench
. abutting his property then the County Administrator may request
by written notice that Metro remove such bench within thirty
(30) days of the date of the notice, and upon Metro's failure to
do so, the County may remove same at the expense of Metro.
3. The County, in its discretion, shall reserve the right to designate ª
particular residential street> eF segments of particular residential streets, or single
g:\agreemnt\dor.:s\metro. bus
4
'-
'.,.¡
family residential zones as "scenic residential areas," thereby excluding such streets
or segments thereof from the display of commercial messages on said benches, or
in the alternative, fiom the installation of benches as herein provided. In addition,
the County shall reserve the right to, upon notice to Metro, order the removal of
any particular bench which the County, in its judgment, believes not to be located
to the public benefit. Should Metro fail to remove such bench then the County
may remove same at the expense of Metro. The aforesaid rights, however, shall
not be abused by the County.
4. The benches which are the subject of this proposal shall remain the
property of Metro and Metro shall maintain said benches in a good and substantial
state of repair.
5. Metro shall at all times hereunder maintain public liability insurance
and shall provide the County with a Certificate of Insurance as evidence of same.
Public Liability coverage shall not be less than $1,000,000.00 each occurrence
combined single limit bodily injury and property damage liability. Vehicle liability
shall be not less than $1,000,000.00 each occurrence combined single limit bodily
injury and property damage liability covering all of Metro vehicles.
6. The program for the placement and maintenance of benches established
by the acceptance of this proposal shall be sponsored or co-sponsored by the Clubs
g :\agreemnt\doc s\me tro. bus
5
''"
"""
and, notwithstanding anything herein to the contrary, such sponsorship shall be the
Clubs' only right and obligation hereunder. The benches shall be referred to as the
"Clubs' benches". In order to assure the quasi-commercial nature of such program,
it is the intention of the parties hereto that there shall at all times hereunder be not
less than one civic, service or charitable organization as sponsor of same. Should
the Clubs at any time and for any reason be compelled to withdraw as sponsors of
the public seating service established by the acceptance of this proposal so as to
leave no sponsoring organization for same, Metro shall, within ninety (90) days
thereafter select and substitute another civic, service or charitable organization as
sponsor. Should Metro, within such ninety (90) day period, fail to select and
substitute another civic, service or charitable organization as sponsor, then the
County, upon the giving of thirty (30) days notice in writing, may tenninate the
rights and obligations created by the acceptance of this proposal. In the event that
sponsor should be compelled to withdraw its sponsorship, the County shall be
notified of such withdrawal in a timely manner.
7.(a) Six (6) months from the date this contract is entered into by the parties
and at twelve (12) month intervals thereafter, Metro shall render a report
identifying all bench locations within the unincorporated areas for the County's
g: \agreemnt\docs\me tro. bus
6
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'-'
review and to relocate benches for the better use at transit stops and/or other points
of pedestrian convenience or necessity.
7.(b) It is expressly understood and agreed that the rights and obligations
created by the acceptance of this proposal by the COlillty shall remain in full force
and effect for a period of three (3) years from the date of such acceptance, This
agreement shall be extended and renewed for three (3) additional three (3) year
periods upon the same tenns, covenants and conditions unless the County notifies
Metro and the Clubs in writing of its intention to tenninate the agreement within
ninety (90) days of the renewal date of each respective three year period.
8. Should Metro and/or the Clubs be found in default of any of the
conditions herein, it shall be given notice in writing and a reasonable time to
, correct same. In the event that Metro should fail to correct such default within
thirty (30) days after receipt of notice of same, the County may, at its option,
tenninate the rights and obligations created by the acceptance of this proposal upon
the giving of thirty (30) days notice in writing to the Clubs and to Metro. Should
such tennination duly occur, then Metro shall be allowed an additional thirty (30)
days to remove its benches. Notice of any deficiency or default of Metro or of the
Clubs shall be given by the County jointly at the principal offices of Metro and of
the Clubs.
g: \agreemnt\docs\m e tra. bus
7
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...""
9. Where notice is required or otherwise given pursuant to the contract
created by the acceptance of this proposal, it shall be in writing sent by registered
or certified mail, to the relevant principal office with return receipt requested.
Time is of the essence of this proposal agreement.
10, Should any provision hereof, for any reason, be found invalid or
unconstitutional by a Court of competent jurisdiction, it is understood and agreed
that such provision shall be severed from the whole and that such finding shall be
without affect upon the remaining provisions.
1]. All notices or other communications hereunder shall be in writing and
shall be deemed duly given if delivered in person or sent by certified, or registered
mail, return receipt requested first class postage prepaid, and addressed as follows:
If to Metro:
Metropolitan Systems, Inc.
Post Office Box 1185
West Palm Beach, Florida 33402
Metropolitan Systems, Inc.
3014 Horatio A venue
Tampa, Florida 33609
If to Clubs:
Fort Pierce Jaycees
Post Office Box 907
Fort Pierce, Florida 34954
Port St. Lucie Jaycees
Post Office Box 7374
Port St. Lucie, Florida 34987
United Way of St. Lucie County
4800 South Federal Highway
Big Brother's/Big Sisters of St. Lucie
County
g: \agreemn t\doc.s\me tro, bus
8
"""
Fort Pierce, Florida 34982
Boy's and Girl's Club of St. Lucie County
607 North Seventh Street
Fort Pierce, Florida 34982
If to County:
St. Lucie County Administrator
2300 Virginia Avenue, Third Floor
Fort Pierce, Florida 34982
County Engineer
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attested: µÆ ~ o-H:-
Secretary
Attested: oéJJ~
¿{ð:J Secretary
Att
g: \agreern nt\doc s\metro, bus
..,
4800 South Federal Highway
Fort Pierce, Florida 34950
St. Lucie County Attorney
2300 Virginia Avenue, Third Floor
Fort Pierce, Florida 34982
By:
Port St. Lucie Jaycees
BY:~ ~ $/
/ . Pre ent
By:
ecutive Director
Big Brothers/Big Sisters of St. Lucie
County
9
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...""
A ttes ted:
~ ~~~~
Secretary
By: Q~~.·ð ~t.1
o Executive Director
Attested: ~ 1/~
Secretary
Boys and Girls Club of St. Lucie
BY~
Executive Director
Attested: L ¡5."'?~
AssCSecretary
Metropolitan Systems, Inc.
By£l~M'~ '\ " \---.-
M. \J - President
Board of County Commissioners
of St. Lucie County, Florida
g: \agn:::~mn t\docs\mt:tro. bus
10
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f'>- rvrß.v- .
US· I S. County Line W. side 7 ! Jon Simth - r -, -.",
S. of Savanna Club E. side (psi line) T ottoo - c;:;;:.á.
, S. of Savanna Club W. side (psi line) St, Lucie JewleIY -~OOÒ
Midway NE cor 8 " vrreasure Coast Aluminum
NE St. James Bi¡¡; Brothers ;:r "\
Ulrich SW cor 15 f1'at Hartman Real Estate ·("oo'\'
NE Farme" Mkt Rd. Stone & Grnnite -r_~_'\'
Kitterman Rd NE cor 17 ¡ Florist - &oO'!"
Midway NW cor 29 Southland Auto - ~ ,
Prima Vista NW cor 32 Florist - G-,."." "-
Savanna Club NE cor 33..... Florist - (7r>/'),
Mangrove Sq. SB 36 - Florist - G,1'>fIc
Village Sq, N. end 37 . Joshua/House - f- ~
Village Sq, S. end 38, 'B-Tan /' \
Mariposa NE cor 39 YSt. Lucie JewleIY :' ,
Mariposa SE cor 40 ' Florist - (,,00 ~
Pine Pk Mobil Home? Tumbleking Rd. NE cor 43 ' United Way'- ~Å
Woatherbee Rd SE cor 44 PC/MAC computers ð,
..ws-const 6/5 -Goo
Between Rio Mar and Prima Vista 45-' Harbor Place - Go.....A
Imlrio SW cor 46.- Frank & Al's pizza
prima Vista E, side 47 ' Southland Auto - r."'ol
PSL Blvd, SW cor 48/ Jon Smith - <;'OnA.
Savannahs Club SW cor 51.- ' Makeup J~J
Rio Mar NW cor 22" Florist -,.. \
Kitterman Rd. NW cor 24, Joshua Ent, - we buy houses :r......1
St. Lucie Blvd SW cor 59· ûoodfe!las ~ -,
Easy St. SW cor 72. Treasure Coast Aluminum " -,
SL Sq. main ent. 28· . Joshua Ent. - we bu' houses -:-"....:..rI
Williamsburg SW cor V Real Estate -I' -.
NE North Bridge Goodfe!las --GoC"\'
SE North Bridge
, .
.
Kings Hwy Orange Ave, NE cor 27 ' Me Donalds ~" I'
St. Lucie Blvd. NE . REMOVED ..
W, Garden Pky. 12 !-Mc Donalds -('- .~
Indrio NE cor 54 !'Frank & Ai's ;:,/c_A
Orange SE cor 60 Palm Truck - 7"
V. mi. N. of Orange ,/' YayorSkY's - " .1
Prima Vista Banyan SE cor 68 - Florist ;:r;
Marina en!. 69 . ~Florist _-h-OQA
North AlA N. Beach Causeway NW 31·· FEQcitV / Houses -(TM'f
Raddison Hotel 77, 'Raddison -r__)
Marina Rd. NW cor. 78 -- ~pays Inn =r.~
Mawr. Ocean Towers 74
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'\\ \',-\I(\Q.. c...\e,G...v\'~'
So ¡V\e () <2 ed e J 8/4/2003
<6 lY-\' 0... (\ o.-(e :) 00.1 '
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Ocean Resort E. side 75 V' -.....
Midway 25th SE cor 80 , Frank & Al's Pizza - ~
Selvets Rd SE cor Detroit Deisel - ~ ..
Edwards 25th SE cor 86 ~ .-
-c Oleander SE cor. 88 (\~ ,,";,4 ,
-
Imlrio Zippy Mart 87"7 Eauity/ Houses
S. Huchinson ·
Island
·
·
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wordpro/SLClocations
~
MIDW A Y NW COAA'ER
RUSSELL ZERVOS INSPECTOR & PETER BROWN
ULRICH SW COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
EASY ST SW CORNER
RUSSELL ZERVOS INSPERCTOR & PETER BROWN
KITTERMAN RD NW COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
WILLIAMSBlJRG SW COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
RIO MAR SW COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
PRIMA VISTA NW COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
BANY AN SE COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
PRIMA VISTA EAST SIDE
RUSSELL ZERVOS INSPECTOR & PETER BROWN
BETWEEN RIO MAR & PRIMA VISTA
RUSSELL ZERVOS INSPECTOR & PETER BROWN
ST LUCIE SQ SOUTH END
RUSSELL ZERVOS INSPECTOR & PETER BROWN
ST LUCIE SQURE MAIN ENTRANCE
RUSSELL ZERVOS INSPECTOR & PETER BROWN
KITTERMAi'l RD NE COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
MIDWAY NE COR
RUSSELL ZERVOS INSPECTOR & PETER BROW'N
WEATHERBEE RD SE COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
WEATHERBEE RD SW COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
TUMBLEKING RD NE COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
NE FARMERS MKT RD
RUSSELL ZERVOS INSPECTOR & PETER BROWN
RADDlSON HOTEL NORTH AlA
RUSSELL ZERVOS INSPECTOR & PETER BROWN
SEL VETS RD SE COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
MIDWAY 25TH ST SE COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
NORTH AlA NORTH BEACH CAUSEWAYNW COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
MARINA RD NW COR NORTH AlA
RUSSELL ZERVOS INSPECTOR & PETER BROWN
OCEAN RESORT EAST SIDE NORTH AlA
RUSSELL ZERVOS INSPECTOR & PETER BROWN
MAWR OCEAN TOWERS NORTH AlA
RUSSELL ZERVOS INSPECTOR & PETER BROWN
NE CORi'\!ER NORTH BRIDGE
RUSSELL ZERVOS INSPECTOR & PETER BROWN
NE CORc."JER NORTH BRIDGE
RUSSELL ZERVOS INSPECTOR & PETER BROWN
SE COR NORTH BRIDGE
RUSSELL ZERVOS INSPECTOR & PETER BROWN
ST LUCIE BLVD SW COR
RUSSELL ZERVOS INSPECTOR & PETER BROWN
INDRIO RD SW CORNER
RUSSELL ZERVOS INSPECTOR & PETER BROWN
WEST GARDEN PWKY KINGS HWY
RUSSELL ZERVOS INSPECTOR & PETER BROWN
INDRIO RD & KINGS HWY
RUSSELL ZERVOS INSPECTOR & PETER BROWN
INDRIO RD & KINGS HWY
RUSSELL ZERVOS INSPECTOR & PETER BROWN
Corner Of Edwards & 25th Street
Comer Of 25'h & St. James
Prima Vista by the Marina
Comer Of Prima Vista & Banyan
'"
- "
S NGER
+Ä
Handi-Hut is a state-of-the-art design andrm:mufacturing company with 30 years
experience in producing quality-engineered, pre-fabricated sections for glazed structures
that can be shipped anywhere and easily installed.
The techniques we developed make it possible for us to ship throughout the country
at unbeatable prices.
3 Grunwald St. . Clifton, NJ 07013 . 973-614-1800 . 1-800-603-6635 . FAX: 973-614-8011
ht1p://www.handi-hut.com·emaìl:siaff@handi-hut.com
,
,
Day tech Mfg. Inc.
19 Ransier Drive, West Seneca, New York 14224 TEl: (116) 615-0029 Fax: (716) 675-0386
1_
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AGENDA REOUEST
"""
ITEM NO. 7B
DATE: October 2I, 2003
REVISED
REGULAR [X ]
PUBLIC HEARING [ ]
CONSENT ]
SUBMITTED BY (DEPT): Administration
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: Request for Approval for Installation of a Chilled Water System at Thomas J. White Stadium
BACKGROUND: Staffhad budgeted $500,000 for air conditioning at the Met's Stadium in FY 2003-2004. The
estimated cost to install a fully redundant highly efficient chiller system is $799,000 to service the facility, including
$30,000 in engineering costs, which have already been paid.
FUNDS AVAILABLE:
$240,000
$260,000
$174,000
$125,000
2002/2003 Stadium Capital Budget
2002/2003 Stadium Improvement Budget
Stadium Reserves
Inter fund Loan from General Fund Contingency to be paid
back from future stadium reserves in FY2003-2004
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board approve funding of $799,000 including engineering
costs for a new chiller system at the Thomas J. White Stadium to be provided by Rodda Construction, using the
above outlined funding sources. Staff also recommends an inter- fund loan from the General Fund Contingency in
the amount of$125,OOO to be paid back from future stadium reserves in fiscaI year 2003-2004.
COMMISSION ACTION:
CONCURRENCE:
[ ] APPROVED [ ] DENIED
[ ] OTHER:
Douglas Anderson
County Administrator
County Attorney:
Review and Approvals
Management & Budget lfiJJ tl1n1~
Purchasing:
Originating D ept.
Other:
Other:
Finance: (Check for Copy only, if applicable)
Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services
Manager at 772-462-1777 or TDD 772·462-/428, at least 48 hours prior to the meeting.
¡. .
'-'
"'-
FISCAL YEAR 2003-2004
FUNDS APPROVED FROM CONTINGENCY
GENERAL FUND
AMOUNT REMAINING:
$1,000,000
DEPARTMENT
ITEM
ACCOUNT #
Approved Budget Contingency
001-9910-599100-800
Total used:
Balance Available
proposed action:
Administration Chilled Water System for Thomas J. White Stadh G/L Interfund Loan ...
Balance Available After Proposed Action:
... Interfund Loan for the Thomas J. White Stadium Chiller System
'-'
AMOUNT
1,000,000
$0
$1,000,000
DATE
$125,000 10/21/03
$875,000
\rw
,.,
-,
ITEM NO. 7B
DATE: October 21, 2003
AGENDA REQUEST
SUBJECT:
RequElltt.for approval for Installation Óf a Chilled Water System at Thomas J.
,
REGULAR: (X)
PUBLIC HEARING: ( )
CONSENT: ( )
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT): ADMINISTRATION
BACKGROUND:
Staff had budgeted $500,000 for air condÎtioning at the Mets Stadium in FY 2003-04. The estimated cost to
install a fully redundant highly efficient'-chillersystem is $799,000 to service the facility, including $30,000
engineering costs, which have already been paid.
FUNDS AVAILABLE:
.$240,000 2ðo2/2003 Stadium Capital Budget
260,000 2003/2004 Stadium Improvement Budget
174,000 Stadium Reserves
125,000 Park Impact Fee Loan To Be Paid Back With Interest From Future Stadium Reserves
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends that the Board approve funding, not to exceed $799,000 including engineering costs, for
a new çhiller system at Thomas J. White$tadium, to be provided by Rodda Construction, using the above
outlined funding sources.
COMMISSION ACTION:
CONCURRENCE:
o APPROVED
o OTHER:
o DENIED
Douglas Anderson
County Administrator
,
Review and Approvals
[] County Attorney:
o Management and Budget:
g Purchasing:
g Originating Dept:
o Other:
gOther:
g Finance: Check for copy only, if applicable:
Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community Services Manager at 772-462-1777
or TTD 772·462·1428, at/east 48 hours (48) prior to the mee6ng.
H:\WIN\O WORDIAGENDAw\CHILLERSTADlUM.DOC
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,
COUNTY ADMINISTRATION
FROM:
Douglas M. Anderson ounty Administrator
MEMORANDUM
03·177
TO:
Board of County Com . s'
s
DATE;:
...¡~
RE:
October 17, 2003 ./
,
Chiller System for Thomas J. White Stadium
. BACKGROUND: \
Staff is requesting authorization to allocate $799,000 to provide a new chiller system at Thomas
J. White Stadium. The Chiller System would be installed by the general contractor for the
stadium project, Rodda Construction. The funding sources would come from the 2002/2003
stadium capital budget, the 2003/2004 stadium improvement budgi¡!t, stadium reserves, and an
impact fee loan to be paid back with interest by future stadium reserves,
There is currently $1,250,000 in un allocated park impact fees in Zone B. We anticipate during
the 2003/2004 budget year for this number to increase to $1,927,000. As previously mentioned,
this loan would be paid þack with interest to the' impact fee account from future stadium
reserves.
The chiller system engineers have informed us that a chiller system is more cost effective and
cost efficient than stand-alone units, which should result in a substantial decrease in operating
costs over time. The estimated còst for stand-alone units is $500,000. We have also been
informed that the new chiller system 'would have redundancy. If the system goes down, a
backup system would kick in, avoiding overheating of the facility, which could cause mildew
problems, odor problems and other problems.
RECOMMENDATION:
Staff recommends the Board approve funding of a chiller system, not to exceed $799,000
including' engineering costs, for Thomas J. White Stadium, to be provided by Rodda
Construction using the above outlined funding sources.
DMNab 03·177
c: Ray Wazny, Assistant County Administrator
Dan Mcintyre, County Attorney
Pete Keogh, Parks and Recreation Director
Roger Shinn, Central Services Director
Marie Gouin, Management and Budget Director
October 17, 2003
"-'
'""
Sterling Facility Services, L.L.C.
527 NW Peacock Boulevard
Port St. Lucie, FL., 34986
Mr. Douglas M. Anderson
County Administrator
St. Lucie County
2300 Virginia Avenue
,J:.brt Pierce, FL., 34982
,
--
RE: HVAC Chiller System for St. Lucie Sports Complex - Approval Letter
Dear Doug:
\
The following is confirmation of your approval of Sterling Facility Services, LLC.'s
(SFS) authorizing Rodda Construction, Inc. (Rodda) to proceed and order the chiller(s)
for the above project. SFS, Rodda, and SFS's consultants will work with the County
and its consultants to clarify the scope and adjust the cost of work if appropriate. This
approval letter sets forth a not-to-exceed amount of $768,258, subject to certain other
potential additional costs"
$529,876
$ 77,510
$ 71,014
$ 20,380
.$ 25,650
$ 7,244
$ 36.584
$768,258
Chiller materials and installation (as per Sims Wilkerson documents)
Chiller System controls (Siemens as required by County)
Electrical system
Chiller pad/walls
Interior demolition/repair/ceilings
Bond @ 1%
Overhead/Profit @ 5%
Total Anticipated Rodda Cost'
not to exceed this amount plus prepaid engineering costs of $30,000
. Note: At this time there are no costs for engineering or architectural
design/construction administration services included in this number. County and
Sterling Facility Services, LL.C. will value engineer this project and in no event will
this project exceed the budget.
Please indicate your approval by signing this letter and returning it to our office, which
will authorize SFS to have Rodda proceed with ordering the chiller(s). The total cost of
the HVAC Chiller system will be funded from the Initial Term Improvements Budget
(Budget) set forth in the St. Lucie Sports Complex Facilities Use Agreement between
SFS and the County dated as of August 1, 2003 (FUA). The County hereby commits to
\w'
....;1
supply additional funding in the form of a supplemental County Contribution to the
Budget in excess of the County Contributions currently set forth therein to cover the
amount by which the total cost of the HVAC Chiller System (*) exceeds $260,000 and
the parties will execute an amendment to the FUA to reflect such commitment. In
addition, an appropriate change order to Rodda will follow.
Very truly yours,
Approved and Agreed:
*!/~'
./
,
By:
Douglas M. Anderson
County Administrator
St. Lucie County
,
Date:
c: J. Wilpon
D. Cohen
N. Kaplan
A. Cairns
S. Gard
D. Mcintyre
File
,
· -
$240,000
260,000
174,000
125.000
$799,000
- 30,000
$769,000
'-"
.."",
CHILLER SYSTEM BUDGET
" 2002/2003 Stadium Capital Budget
: 2003/2004 Stadium Improvement Budget
Stadium Reserves
Park Impact Fee Loan With Interest To Be Paid Back From Future Stadium Reserves
Engineering Costs
New Chiller System versus $500,000 Stand Alone Units
--
"'¡...;'
\
>
·~
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'-'
I
AGENDA REOUEST
ITEM NO. ..1!!
DATE: October 21, 2003
REGULAR [X ]
REVISED
PUBLIC HEARING [ ]
CONSENT
SUBMITTED BY (DEPT): Administration
,
TO: BOARD OF COUNTY COMMISSIONERS
.
SUBJECT: Request for Approval for Installation of a Chilled Water System at Thomas J. White Stadium
'1';·0' .~
BACKGROUND: Staffhad budgeted $500,000 for air conditioning at the Met's Stadium inFY 2003-2004. The
estimated cost to install a fully redundant highly efficient chiller system is $799,000 to service the facility, including
$30,000 in engiñeering costs, which have already been paid.
'FUNDS AVAILABLE:
...... ""-,.
$24Ò,000
$260,000
$174,000
$125,000
2002/2003 Stadium Capital Budget
2002/2003 Stadium Improvement Budget
, Stadium Reserves
Inter fund Loan from General Fund Contingency to be paid
back from future stadium reserves in FY2003-2004
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board approve funding of $799,000 including engineering
costs for a new chiller system at the Thomas J. White Stadium to be provided by Rodda Construction, using the
above outlined funding sources. Staff also recommends an inter-fund loan from the General Fund Contingency in
the amount of$125,000 to be paid back from future stadium reserves in fiscaI year 2003-2004.
IXl APPROVED [] DENIED
[ ] OTHER: ,
o las Anderson
County Administrator
COMMISSION ACTION:
Approved (4-0) Barnes-Absent
Motion \nc\ Co Att>; drattm9 Change
\0 Facilities Use Agreement
County Attorney:
Review and Approvals
Management & Budget l;tfJ t21t11~
Purchasing:
Originating D ept.
Other:
Other:
Finance: (Check for Copy only, if applicable)
Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services
Manager at 772-462·/777 or TDD 772-462-1428, at least 48 hours prior to the meeting.
'-'
FISCAL YEAR 2003·2004
FUNDS APPROVED FROM CONTINGENCY
GENERAL FUND
AMOUNT REMAINING:
$1,000,000
DEPARTMENT
ITEM
ACCOUNT #
Approved Budget Contingency
001·9910-599100-800
,'¡..'
~ c·" ...
,
.~.
\.
....., ......,.
Total used:
Balance Available
Proposed action:
Administration Chilled Water System for Thomas J. White Stat1il G/L Interfund Loan ...
Balance Available After Proposed Action:
... Interfund Loan for the Thomas J. Whjte Stadium Chiller System
...",
AMOUNT
1,000,000
$0
$1,000,000
DATE
$125,000 10/21/03
$875,000
'-'
""'"
COUNTY ADMINISTRATION
FROM:
Douglas M. Anderson ounty Administrator
MEMORANDUM
03·177
TO: Board of County Com
DATE:
October 17, 2003
RE:
Chiller System for Thomas J. White Stadium
BACKGROUND:
Staff is requesting authorization to allocate $799,000 to provide a new chiller system at Thomas
J. White Stadium. The Chiller System would be installed by the general contractor for the
stadium project, Rodda Construction. The funding sources would come from the 2002/2003
stadium capital budget, the 2003/2004 stadium improvement budget, stadium reserves, and an
impact fee loan to be paid back with interest by future stadium reserves.
There is currently $1,250,000 in unallocated park impact fees in Zone B. We anticipate during
the 2003/2004 budget year for this number to increase to $1,927,000. As previously mentioned,
this loan would be paid back with interest to the impact fee account from future stadium
reserves.
The chiller system engineers have informed us that a chiller system is more cost effective and
cost efficient than stand-alone units, which should result in a substantial decrease in operating
costs over time. The estimated cost for stand-alone units is $500,000. We have also been
informed that the new chiller system would have redundancy. If the system goes down, a
backup system would kick in, avoiding overheating of the facility, which could cause mildew
problems, odor problems and other problems.
RECOMMENDATION:
Staff recommends the Board approve funding of a chiller system, not to exceed $799,000
including engineering costs, for Thomas J. White Stadium, to be provided by Rodda
Construction using the above outlined funding sources.
DMNab 03·177
c: Ray Wazny, Assistant County Administrator
Dan Mcl ntyre, County Attorney
Pete Keogh, Parks and Recreation Director
Roger Shinn, Central Services Director
Marie Gouin, Management and Budget Director
~
.~
Sterling Facility Services, L.L.C.
527 NW Peacock Boulevard
Port St. Lucie, FL., 34986
October 17, 2003
Mr. Douglas M. Anderson
County Administrator
St. Lucie County
2300 Virginia Avenue
Fort Pierce, FL., 34982
RE: HVAC Chiller System for St. Lucie Sports Complex - Approval Letter
Dear Doug:
The following is confirmation of your approval of Sterling Facility Services, L.L.C.'s
(SFS) authorizing Rodda Construction, Inc. (Rodda) to proceed and order the chiller(s)
for the above project. SFS, Rodda, and SFS's consultants will work with the County
and its consultants to clarify the scope and adjust the cost of work if appropriate. This
approval letter sets forth a not-to-exceed amount of $768,258, subject to certain other
potential additional costs!
$529,876
$ 77,510
$ 71,014
$ 20,380
$ 25,650
$ 7,244
$ 36,584
$768,258
Chiller materials and installation (as per Sims Wilkerson documents)
Chiller System controls (Siemens as required by County)
Electrical system
Chiller pad/walls
Interior demolition/repair/ceilings
Bond @ 1%
Overhead/Profit (cD. 5%
Total Anticipated Rodda Cost *
not to exceed this amount plus prepaid engineering costs of $30,000
* Note: At this time there are no costs for engineering or architectural
design/construction administration services included in this number. County and
Sterling Facility Services, L.L.C. will value engineer this project and in no event will
this project exceed the budget.
Please indicate your approval by signing this letter and returning it to our office, which
will authorize SFS to have Rodda proceed with ordering the chiller(s). The total cost of
the HVAC Chiller system will be funded from the Initial Term Improvements Budget
(Budget) set forth in the St. Lucie Sports Complex Facilities Use Agreement between
SFS and the County dated as of August 1, 2003 (FUA). The County hereby commits to
.,.
'>J
supply additional funding in the form of a supplemental County Contribution to the
Budget in excess of the County Contributions currently set forth therein to cover the
amount by which the total cost of the HVAC Chiller System (*) exceeds $260,000 and
the parties will execute an amendment to the FUA to reflect such commitment. In
addition, an appropriate change order to Rodda will follow.
Very truly yours,
Approved and Agreed:
By:
Douglas M. Anderson
County Administrator
St. Lucie County
Date:
c: J. Wilpon
D. Cohen
N. Kaplan
A. Cairns
S. Gard
D. Mcintyre
File
$240,000
260,000
174,000
125,000
$799,000
- 30,000
$769,000
"-'
'J
CHILLER SYSTEM BUDGET
2002/2003 Stadium Capital Budget
2003/2004 Stadium Improvement Budget
Stadium Reserves
Park Impact Fee Loan With Interest To Be Paid Back From Future Stadium Reserves
Engineering Costs
New Chiller System versus $500,000 Stand Alone Units
10/17/03
F~ABWARR
FUND
001
001137
001148
001149
001152
001274
001281
001809
101
101002
101215
102
102001
102105
105
107
107001
107002
107003
140
140001
,
- ~
183
183001
183004
185003
185004
235
310201
316
39003
401
418
421
441
448
449
451
458
461
471
478
479
481
491'
.t:f'\C)
.
'-
ST. LUCIE COUNTY - BOARD
'wi
WARRANT LIST # 4- 11-0CT-2003 TO 17-0CT-2003
FUND SUMMARY
TITLE
001
General Fund
Zora Neala Hurston Dust Tracks Heri
CSBG Grant FY03
Section 112/MPO/FHWA/planning 2004
Urban Mobile Irrigation Lab 02/03
FDCA Emer Mgmt Prep & Assis FY03
FL Fishing & Boating Heritage
SFWMD-Floridian Aquifer Well 01/04
Transportation Trust Fund
Transportation Trust/80% Constitut
FDOT Traffic Signal System Grant
Unincorporated Services Fund
Drainage Maintenance MSTU.
FDOT Bicycle/Pedestrian Coordinator
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-Wireless Sur
Fine & Forfeiture Fund-E911 Surchar
Fine & Forfeiture Fund-800 Mhz Oper
Port & Airport Fund
Port Fund
Plan Maintenance RAD Fund
SLC Housing Finance Authority Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
FHFA SHIP FY02/03
FHFA SHIP FY03/04
Becker Road I&S Fund
FDEP/FRDAP Ancient Oaks
County Capital
Revels Lane1 MSBU Capital
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
NHÍ Util-Renewal & Replacement Fund
NHI Util - Capital Facilities Fund
S. Hutchinson Utilities Fund
SH Util-Renewal & Replacement Fund
Sports Complex Fund
No County Utility District-Operatin
No Cty Util Dist-Renewal & Replace
No Cty Util Dist-Capital Facilities
Airport Utilities District
Building Code. Fund
Health Insurance Fund
Property/Casualty Insurance Fund
EXPENSES
869,268.14
46.48
353.85
3,403.97
568.82
128.65
654.10
181. 02
77,069.07
13,717.90
320.00
27,052.93 '
2,132.41
583.84
2,317.03
62,057.28
17,159.28
508.75
9,481.86
12,783.77
100.77
1,526.19
550.00
2,016.04
932.50
1,209.84
335.00
703.13
16,412.50
2,468.00
29.86
519.00
26,889.17
20,743.52
90.05
1,462.89
138.48
175.41
878.88
264.63
8,035.10
1,747.61
140.24
113.77
7.61
21,162.72
1,749.12
1,898.78
PAGE
1
PAYROLL
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
4,880.92
0.00
'-
,..,
10/17/03
ST. LUCIE COUNTY - BOARD
PAGE
2
F'7.ABWARR
WARRANT LIST # 4- 11-0CT-2003 TO 17-0CT-2003
FUND SUMMARY
FUND TITLE EXPENSES PAYROLL
611 Tourist Development Trust-Adv Fund 2,739.78 0.00
615 Impact Fees Fund 698.88 0.00
625 Law Library 623.00 0.00
650 Agency Fund 7,275.07 0.00
693 Westglen MSBU 2,685.89 0.00
GRAND TOTAL: 1,226,112.58 4,880.92
,
_. .
.-
""'"
10/17/03
ST. LUCIE COUNTY - BOARD
-...I
VOID LIST# 4- 11-0CT-2003 TO 17-0CT-2003
FZABWARR
L _.ID: 001
- General Fund
CHECK INVOICE VENDOR
00304094 10240269 St Lucie County Tax Collector
10240273
10240298
CHECK TOTAL:
FUND TOTAL:
¿
- .
TOTAL
51.85
34.35
245,000.00
245,086.20
245,086.20
PAGE
1
·
.- ~ ""'"
10/17/03 ST. LUCIE COUNTY - BOARD PAGE 2
FZABWARR VOID LIST# 4- 11-0CT-2003 TO 17-0CT-2003
i _".JD : 140 - Port & Airport Fund
CHECK INVOICE VENDOR TOTAL
00304094 10240271 St Lucie County Tax Collector 4.90
FUND TOTAL: 4.90
.'
- .
C"
,
,
AGENDA REOUEST
ITEM NO. C~
Date: October 21, 2003
Regular ¡ ]
Public Hearing ¡ ]
Consent ¡X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Art in Public Places Program - St. Lucie Marine Center Project
BACKGROUND: See C.A. No. 03-1458
FUNDS A V AIL.(State type & No. of transaction or N/A): Account Number 665-7310-563000-700
RECOMMENDATION: Staff recommends that the Board of County Commissioners declare the September 19,
2003 Agreement for Artist Services with Patrick Cochran and Ginny Piech Street and the October 7, 2003
Assignment of the Agreement to Shadetree Studios null and void. Staff further recommends that the Board approve
the proposed Agreement for Artist Services with Shadetree Studios, and authorize the Chairman to execute the
Agreement.
COMMISSION ACTION:
CONCU
E:
Approved (4-0) Barnes-Absent
¡X¡ APPROVED [] DENIED
[ ] OTHER:
County Attorney:
coordin.tíOn/s;,,".tur~
L .~I~
Other:
~
· '"11f:
v/
Other:
"'"
...I
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
c.A. NO: 03-1458
DATE: October 14, 2003
SUBJECT: Art in Public Places Program - St. Lucie Marine Center Project
BACKGROUND:
On August 12,2003, the Board of County Commissioners approved the recommendation
of the Cultural Affairs Council to select the sculpture proposed by Patrick Cochran and Ginny
Piech Street for the Art in Public Places Program project at the St. Lucie Marine Center.
Following the Board meeting, an Agreement for Artist Services was prepared based upon the
written proposal submitted by the artists in conjunction with the artist selection process. The
agreement was executed on September 18, 2003. In order to facilitate a more efficient billing
process for the project, staff and the artists determined that it would be beneficial to assign the
agreement to Mr. Cochran's studio, Shadetree Studios. On October 7, 2003, the Board approved
a proposed assignment ofthe agreement from the artists to Shadetree Studios. Subsequent to the
Board's action, the Finance and Purchasing Departments determined that the Board's action on
August 12, 2003 did not include authorization for the dollar amount proposed by the artists for
the project. A review of the August I2, 2003 meeting tape and agenda package indicated that
the Board had not been presented a copy of the proposal at the time of the presentation.
In order to rectifY this situation, staff has prepared the attached Agreement for Artist
Services with Shadetree Studios for the project. As set forth in the artists proposal, a copy of
which is attached to the agreement as Exhibit "A", the compensation to the artists will be forty-
three thousand eight hundred and no/IOO Dollars ($43,800.00). This includes all costs associated
with the sculpture and student workshops regarding the project. The agreement provides for the
sculpture to be completed and installed at the Marine Center on or before December 15,2003.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board of County Commissioners declare the September 19,
2003 Agreement for Artist Services with Patrick Cochran and Ginny Piech Street and the
October 7, 2003 Assignment of the Agreement to Shadetree Studios null and void. Staff further
recommends that the Board approve the proposed Agreement for Artist Services with Shadetree
Studios, and authorize the Chairman to execute the Agreement.
Attachment
HYI
Copies to:
'--'
County Administrator
Cultural Affairs Council Executive Director
Finance Director
Contracts Coordinator
2
-I
Respectfully submitted,
'~Ó7-r
Heather Young
Assistant County Attorney
'-"
10/15/03
'-"
\VI\ß \ t-/
Ú r/ ~\,¡, PAGE
15-0CT-20031
ST. LUCIE COUNTY - BOARD
F~ABWARR
1
WARRANT LIST #55- 09-0CT-2003 TO
FUND SUMMA...1'(Y
FUND
T,ITLE
001 G~neral Fund
001149 Section 112/MPO/FHWA/Planning 2004
001152 Urban Mobile Irrigation Lab 02/03
001155 USDOJ Violence Against Women Grant
001273 TRIP Grant FY03
001274 FDCA Emer Mgmt Prep & Assis FY03
001809 SFWMD-Floridian Aquifer Well 01/04
101 Transportation Trust Fund
101002 'Transportation Trust/80% Constitut
101003.vTransportation Trust/~ocal Option
101211 ~DEP Canal ~,Stormwater Retrofit
102 Unincorporated Services Fund
102001 Drainage Maintenance M$TU.
105, Library Special Grant~ Fund
1071 Fine & Forfeiture Fund
107001 Fine· & Forfeiture Fund-Wireless Sur
107003 Fine & Forfeiture Fund-800 Mhz Oper
107127 USDO~ Edward Bryne Drug FY03
109 Drug Abuse Fund
115 Sheraton Plaza Fund '
121 Blakely Subdivision Fund
" Port & Airport Fund
J001 Port Fund
140126 Taylor Creek Restoration Dredging P
160 Plan Maintenance.RAD Fund
183001 Ct Administrator-Arbitration/Mediat
183002 Ct Admin.-County Arbitration/Mediat
183215 OSCA Traffic Infraction FY02/03
185002 SHIP Housing Assistance FY 01/02
185003 FHFA SHIP FY02/03 .
215 Sales Tax Revenue Bonds I~S Fund
310002 Impact Fees-Parks
315,· County Building Fund
316 County Capital
316201 FDEP/FRDAP Savanna Rec Phase II
362 Sports Complex Improv Fund
382 Environmental Land Capital Fund
401 Sanitary Landfill Fund
418 Golf Course Fund
421 H.E.W. Utilities Fund
441 North Hutchinson Island Utilities
451 S. Hutchinson Utilities Fund
458 SH Util-Renewal & Replacement Fund
461 Sports Complex Fund
471 No County Utility District-Operatin
478' No Cty Util"Dist-Renewal &' Replace
~n5 Health Insurance Fund
001 Property/Casualty Insurance Fund
EXPENSES
PAYROLL
175,350.61
10.44
390.09
12,014.38
106,028.52
31,986.42
152.95
55,376.51
1,896 . 61
11,386.67
290.00
11,850.02
35.70
1,374.85
180,977.34
316.25
574.22
17,959.36
35.00
455.56
71.07
2,434.91
200.00
48,540.00
675.37
158.34
555.00
1,720.00
158.17
250.00
60.00
1,975.00
32,462.85
16,129.93
3,366.00
15,380.00
6,750.00
220,460.00
2,646.18
43.24
40,303.44
20,856.72
315.09
8,780.77
19.80
1,275.50
54,523.85
37.98
150.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
1,160.22
0.00
10/15/03
F'7.ABWARR
FUND
611
625
"'"
'1.'ITLE
ST. LUCIE COUNTY - BOARD
...""I
WARRANT LIST #55- 09-0CT-2003 TO 15-0CT-2003
FUND SUMMARY
EXPENSES
Tourist Development Trust-Adv Fund
Law Library
~_\
o
,
2,500.00
1,128.71
GRAND TOTAL:
1,092,239.42
.-'
,
,
'. .
PAGE
2
PAYROLL
0.00
0.00
1,310.22
10/15/03
F~2ŒWARR
rvtID: 001
CHECK
'-"
,..",
ST. LUCIE COUNTY - BOARD
PAGE
- General Fund
VOID LIST# 55- 09-0CT-2003 TO 15-0CT-2003
INVOICE
VENDOR
00303704 12332225 Swearingen, Eleen
12332225
, 12332225
12332225
"",-'
,.,.
,
\
.
>
'. .
TOTAL
CHECK TOTAL:
9.96
2.29
27.55
48.97
88.77
FUND TOTAL:
88.77
........
'-"
,.""
AGENDA REQUEST
ITEM NO. Cd~'1
DATE: October 21, 2003
REGULAR
[ ]
PUBLIC HEARING [
TO: BOARD OF COUNTY COMMISSIONERS
CONSENT [X]
SUBMITTED BY: Parks & Recreation
PRESENTED BY: Pete Keogh
Director
SUBJECT: Request for approval to serve alcohol at Indrio School House Facility/Park
BACKGROUND: Teamsters Local # 769 has reserved Indrio School House Facility/Park to hold a
picnic on October 25, 2003. As part of the event, alcohol will be served and as required by
County Ordinance 1-15-23, BOCC approval must be acquired.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners approve
Teamsters Local # 769's request to serve alcohol at Indrio School House Facility/Park during its
picnic on October 25, 2003.
COMMISSION ACTION:
[.~. APPROVED [] DENIED
[ ] OTHER:
ENCE:
Approved (4-0) Barnes-Absent
oug Anderson
County Administrator
County Attorney:
y
/h-
Coordination/Sic natures
Management & Budget:
Purchasing: _
Originating Dept:
Public Works:
Other:
Finance: (Check for Copy only, if applicable) _
·!;_!L-07-1ð3 MON 1103 :04 AM SLC LEtS:.URE SERVICES
407 467 2377
P.Ð2
~
"'"
St Lucie COII.Dty Parks & Recreation Department
Resel'\'atioD Reqnest¡ Faelüty Use Permit
JIo'ame of Group
_5~\'k(5 [,.0(.<>( ¿(¡I'-.I' rtJI. 7b~
54.(<, ('tty>-r S
Date:
~/'l.I-
'i7'l-oOII
AppUUbt Name
PMne:
AppIiC8nl'$Address <{b L 7ß.¡,(" f ¿ 11
City Ik.'t> &<-..4-. Zip r ¿
fJcJUtylPark Requested -:tl'\<' r, 0 .s l ~'t I
IUJn/o1
,
Ik><.
Time: From to
(include set lip & te~r dm\11)
Dale(s) reqliosted
Jllœnded Use
f;q\~<.
']00
No. of People Expected to AttO!l1d _
Alcohol Sale or COD.umptlon? _-1!: )
Lbl any spet al circumstance., ..nices, and I or material. ne.ded
1 ì The fol1o'Nu¡g c~ity li ))jt5 hiVe been established:
I Qdrio Scbool House: 116
Walton Commwtity Center: 130
Room al Marvilla Park: 130
""aciJitie!o ..re in!-ended to be used for recreationa] !cthfih~_s nor commercia1 ~ntuns. The Parks and Rt"CreaLion Dtpamnm.t re$en·e;t;; th.; ri&1J.t
o refllSe rental for COmmtrcial ventures, events exceeding capacity limits or !hose deemed oot 10 ~ adequate!> .upelvis.li. The Depa!tlnent
'"'y r~qliir. security guard andlor uniformed officer> <!<pending on the event, ~Ilht remer's expense. A county e~lùYet ('Houscw.an") 1<111
'" present and wiJI be paid for by the renter. No ICDtalshallla.s1 be)'Ond roJdnJ¡ht. A penalty OfS¡Oo,¡lOurwiU be occessoo after midni,gh~ in
,dditior. to How;eman fees.
:) G~neral Liabllity insUl'811Ce in the amount ofS I Million per occurrencel$ I million in !he aggregate i$ require<l, Non'Drofit oroanìza:ioas
iJ:¡c¡udìn~ familv l!rOuos1 can arraD2. for this insurance tl-Jou2h the Recreation DeoartrDent. L'lSurance lates vary dependio8 on the numba of
,ttendees at the event. An insurance certificate Must be produced sbowing SI. Lucie County Board of County Comrnì>;,iouers as au addirional
nsuted. Prcduct, are included bUI not medica! pa¡-ments, Consumption of alcoholic beveriges requires additional insU11IlJÇe, If selliag akoho!,
Jl applicable State permits must be obtained and submit1t<J to the Parl<s "-.d Recreation Department.
) AU fees. depo,sits 8IId insurance documentation must be received 110 later than 2 weeks in advance of Ù1e renlaL Failure to provIde anyone
fthese win result In canoellation of ther.nlal. Any difference betwun estimated and aenraJ costs shall be paid at the er..d of the ",¡¡tal. 25%
f .emal fees will ~ retained if cançelJation or rescheduling nonfication is !lOt given at least 2 weeks prior 10 the rental pð:ioJ.
) Should Ally visible danger ~ obs.."..d by !he PenrJrtee or broughllo hislber attention by those persons using the facilities und¢r thi, pennit,
>Jd Penninee shall not use the facility and ,ball report the \isible danger to the Recreati¡)n D~artmentat 462.1521 betweCll the hours of 8:00
.1.1 to 5:00 I'm Monday throug/l Friday.
j Plcase DO NOT i" on the fields iftheyhnve WaterOD them, 0' ¡fthey are IIlllddy. At no time will iDj'I)ne alrer, damage or defilce the
11),ng fie Ids, press box, concession stand, restroom or any part of the iacilities under this perroit
, Pos....;"n of penn;t is required while using facilities or outdoor areas. Failure [0 supply permit wbOll requested by Director or hi~ designee
oar r.sult io mnoval £tom area.
, Facilities or outdoor areas must be left in ol.an and I\dcquate conditiun if derennJn<d by Dire<!or or his designee, or deposit wIll be partially
. fully forfeited.
, The group or individuals to whom a permit is issued shall be liable for any loss, damage, negligence or iujwy ,",rained by other p<TSOn(s) in
ctlparty.
~.
JGL-07-B3 MO~~ 10:e4 AM SLC LElS~RE SERVICES
407 467 ~~377
1=',63
...
\.-
'wi'
cJ; In oonsid<:t8tÎon oftlle Opportunity a,ffold«J tho UIlder.lgned, ogrees ro indemnIfy and hold bomùc.. Sllude County, the R«",ation
Dep>rtment and "ny employee of Ihe gr. Lucie Park3 and Re<:teation Departmcl1t a8";u.r any and all dai"" by or 0<1 behalf of any person or
ieg¡.1 errhly arising from Applicant's USe of premises, tbe conduct of Applicant's busÌlless or 1iom any activity permjttcd by the Applicant in or
roboUI the premises, and "ill further indemnity and hold harmless the County, its Deparu:nentS and Employees again.t ",rfonnano< of ally
agreement. On the Applicant's pillt, or arising fromaòy actofnegligen<e or lb. Applic¡¡nl, or any o(ft.e Applicant part, or ar;";ng f.-om ""1' acl
of ne¡ligence of !he Applicant, or any of the Applicant's agenu, ron1ractors, employees, or licer.sees, and D:om and agalDS! ,II costs, almmey'.
f-""" "pcnsos, and liAbilities Incurred in or abo"t any claim or proceeding brought thereon.
SION APPROVAL
~-I!J- ó j
~~..
'if? "J~:J
DATE
I have n:ad and fully IUJderstand all rul.. as regulations as stated abov..
FEES AND CHARGES FOR SERVICES:
AMOI.:'N1
!.Rcn! (ir.cll1din¡ set up!tear down)
'. ~;,quipmont
!. Personnel
A) Houseman
11) MaUlton.nce
C) Private Sec.
D) Police/Sheriff
" Oth~r charges
'. fa"
'OTAl
_ 3}I.SO
38 J ./:)--0
Receipt #
DatAO
~-
0/ -15)3
'mount Collected ;
$
$
!eposit Ren1ll\ed
'" EX'l11pt Organization: Attach 'fax Ex.mllt Certifiutt
\..~
....,
AGENDA REQUEST
ITEM NO. f. .~
DATE: October J./, 2003
REGULAR []
PUBLIC HEARING []
CONSENT [XX]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT: St. Lucie County Sports Complex - Joinder in Agreement between
Sterling Facility Services, LLC (SFS) and Rodda Construction, Inc.
(Rodda)
BACKGROUND:
See attached memorandum
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDA TION:
Staff recommends that the Board approve the Joinder and
authorize the Chairman to sign the Joinder.
COMMISSION ACTION:
uglas Anderson
County Administrator
X] APPROVED [ ] DENIED
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Originating Dept.
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY. FLORIDA
TO:
Board of County Commissioners
FROM:
Daniel S. McIntyre, County Attorney
C.A. NO.:
03-1457
DATE:
October 14, 2003
SUBJECT:
St. Lucie County Sports Complex - Joinder in Agreement
between Sterling Facility Services, LLC (SFS) and Rodda
Construction. Inc. (Rodda)
**************************************************************************
BACKGROUND:
Attached to this memorandum is a draft "Joinder" between the County, SFS and
Rodda. Rodda is the low bidder on the St. Lucie County Sports Complex Improvement
Project. The Joinder provides for payment by the County directly to Rodda in the event
SFS does not pay Rodda. The Joinder is a requirement of Rodda's bonding company
before the bond company provides a public construction bond for the project. The
County is already a third party beneficiary in the Agreement between SFS and Rodda.
All of the improvements constructed by Rodda will be owned by the County.
RECOMMENDATION/CONCLUSION:
Staff recommends that the Board approve the Joinder and authorize the
Chairman to sign the Joinder.
Daniel S. McInty e
County Attorne
DSM/caf
Attachment
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JOINDER
ST. LUCIE COUNTY, a political subdivision of the State of Florida (the
"County") hereby joins in the Standard Form of Agreement between Owner and
Contractor, AlA Document A 101-1997 (as amended), dated as of August 1, 2003
(the "Construction Contract"), entered into by and between Sterling Facility
Services, LLC (the "Owner") and Rodda Construction, Inc. (the "Contractor") for
the purpose of agreeing to make payment due under the Construction Contract
directly to the Contractor in the event the Contractor has substantially complied
with the terms of the Construction Contract and the Owner has not paid the
Contractor any or all monies due in connection with an Application for Payment
properly made in accordance with the terms of the Construction Contract within
twenty-five (25) business days following the Owner's receipt of the Application for
Payment approved by the Architect even if there exists a dispute between the
Owner and the County under any agreement between the Owner and the
County.
DATED this
day of October, 2003.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
By:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS
By:
COUNTY ATTORNEY
APPROVED AND AGREED TO this _ day of October, 2003.
STERLING FACILITY SERVICES, LLC
a Florida Limited Liability Company
By:
Print name:
As Its:
.......
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AGREEMENT FOR ARTIST SERVICES
THIS AGREEMENT is made and entered into this _ day of ,2003, by and
between ST. LUCIE COUNTY, a political subdivision of the State of Florida ("County") and SHADETREE
STUDIOS ("Artists").
WHEREAS, the County has approved a recommendation to commission the Artists to create public
art for the St. Lucie County Marine Center (such public art hereinafter referenced as "Work of Art") pursuant
to Chapter 1-4.5, Article I, Art in Public Places, of the St. Lucie County Code of Ordinances, and,
WHEREAS, the Artists are willing and able to create the Work of Art for the County on the terms
and conditions set forth below; and
WHEREAS, the County and the Artists wish to enter into this Agreement for Artist Services for the
Project.
NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
SECTION 1. SCOPE Of SERVICES
1.1. General. The Artists shall perform or provide all services and furnish all supplies, materials
and equipment necessary for the design, execution, fabrication and installation of a Work of Art titled "The
Partnership" at the St. Lucie County Marine Center, in accordance with a Proposal by Patrick Cochran and
Ginny Piech Street dated July 14, 2003, attached hereto as Exhibit "A" and incorporated herein by this
reference in its entirety. In addition, to the services set forth in the Proposal, the Artists shall also provide
a minimum of eight (8) hours instruction to St. Lucie County students regarding the Project. Upon execution
of this Agreement, the Artists shall prepare and submit to the appropriate local officials finalized drawings
or other graphic material as is necessary to obtain any necessary approvals for the commencement of
fabrication and installation of the Work of Art. The Artists shall be responsible for obtaining all necessary
permits for the installation of the Work of Art. In the event of any conflict between the terms of the Proposal
and the terms of this Agreement, the terms of this Agreement shall control.
1.2. Procedure. The Artists shall determine the artistic expression, size, material, texture, color,
specific location and method of fabrication of the Work of Art, subject to review and acceptance by the St.
Lucie County Cultural Affairs Council Executive Director who shall serve as the County Project Manager
for the Project.
2. SECTION 2. COMPENSATION
2. I. Firm Fixed Price. The County shall pay the Artists a fixed fee offorty-three thousand eight
hundred and no/l 00 Dollars ($43,800.00), which will constitute full compensation to the Artists for all costs
incurred in the creation of the Work of Art, including but not limited to fees, materials, labor ofthe Artists
and Artists' assistants, engineering costs, studio and operating costs applicable to the project, travel costs for
the Artists to visit and research the site, shipping and crating ofthe Work of Art to the permanent location,
insurance for the Artists and Artists' assistants and Artists' vehicles, and any costs incurred by the Artists for
installation of the Work of Art at the permanent location which are not the responsibility of the County and
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any other services to be performed and furnished by the Artists under this Agreement, all as set forth in
Exhibit "A".
2.2
schedule.
Pavment Schedule. Payments to the Artists shall be made according to the following
A. $8,760.00 to be paid within twenty (20) days following the execution ofthis Agreement, and
upon receipt rrom the Artists of a request for payment which includes.
B. $13,140.00 for completion of at least fifty percent (50%) of the actual construction of the
Work of Art, upon receipt rrom the Artists of a request for payment which includes design
development, refinement drawings, and photographic evidence of the stage of completion.
C. $17,520.00 to be paid within thirty (30) days following full completion and installation of
the Work of Art at its permanent location.
D. $4,380.00 to be paid within thirty (30) days following receipt from the Artists of the
following documents:
1. Photographic documentation of the completed and installed Work of Art.
2. A statement certifYing that the materials used to rrame, display or construct the
Work of Art are durable, structurally sound and appropriate to the environmental
conditions in which they will be displayed.
3. Written instructions regarding the care, maintenance and preservation of the Work
of Art; and,
4. A signed document which transferring all rights of ownership and possession of the
Work of Art to the County.
2.3. The invoices, as set forth above, shall be submitted to the County's Project Manager. Upon
approval by the County's Project Manager, the County will process the invoice for payment.
3. SECTION 3. GENERAL CONDITIONS
3.1. Time of Performance. The Artists shall commence hereunder upon "Notice to Proceed"
issued by the County's Project Manager and the Work of Art shall be completed and installed on or before
December 15,2003. The student workshops shall be completed on or before May I, 2004. All services shall
be in accordance with the construction schedule submitted by the Artists and approved by the County.
Reasonable extensions may be granted by the County in the event that conditions beyond the Artists' control,
or Acts of God, render compliance with the construction schedule impossible. The County shall be the sole
judge of what conditions are "beyond the Artists' control".
3.2. OwnershiD of Documents. Upon completion of the Work of Art and acceptance by the
County, all designs and other materials developed by the Artists and submitted to the County for the purpose
of this Agreement shall become the property ofthe County.
3.3. InsDection. The County shall have the right at reasonable times to review the progress of the
Work of Art during the fabrication thereof and to receive progress reports from the Artists.
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3.4. Code Compliance. All work shall be done in compliance with all applicable State of Florida,
St. Lucie County and City of Fort Pierce codes.
3.5. Assignment. Transfer or Subcontracting, A material element of this Agreement is the
personal skill, judgement and creativity of the Artists. Therefore, the Artists shall not assign, transfer or
subcontract the creative and/or artistic portions of the Work of Art to another party without the express prior
written approval of the County.
3.6 WarrantvofTitle. The Artists warrant that the Work of Art covered in this Agreement shall
be the result ofthe artistic effort of the Artists and that, unless otherwise stipulated, the Work of Art shall be
unique, an edition of one. The Artists shall deliver the Work of Art free and clear of any liens, claims or other
encumbrances of any type arising from the acts of the Artists. Upon delivery of the Work of Art, the Artists
shall furnish a signed and sworn statement to this effect.
3,7. WarrantvofOualitv. The Artists warrant the Work of Art shall be free of detects in material
and workmanship and that the Artists shall correct any such defects which appear for a period of one (1) year
from final acceptance of the Work of A11, at the Artists' expense. It is understood by the County that the
Work of Art has been designed and built by the Artists as a Work of Art. Any use by the County for purposes
other than for adornment of the site as a Work of Art voids any warranties by tl1e Artists.
3.8. Title to the Work of Art, Title to the Work of Art shall vest in the County at the time of final
acceptance by tlle County. Notwithstanding the passage oftitle ofthe Work of Art to the County, the Artists
hereby reserve all rights to render drawings or photographs of the Work of Art with the exception that the
County may reproduce faithful two dimensional images of the Work of Art for noncommercial use, including
but not limited to public information, educational and catalogue purposes without the prior written consent
of the Artists.
3.9. Risk of Loss. The Artists shall bear the full risk of loss of, or damage to, the Work of Art
until all services have been completed and the Work of Art is accepted by the County. The Artists will take
such measures as are necessary to protect the Work of Art from loss or damage.
3.10 Insurance.
3.10. I Commercial General Liabilitv:
The Artists shall maintain and, prior to commencement of tlÜs contract, provide the County
with evidence of commercial general liability insurance to include: I) premises/operations,
products/completed operations, (includingXCU hazards) and personal and advertising injury
for limits of not less than $200,000 per occurrence; 2) fire damage for limits of not less than
$100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person; and
4) a general, per contract/project, aggregate limit of not less than $200,000. The policy shall
also provide the County will be given thirty (30) day's written notice of cancellation or non-
renewal and include County as an additional insured.
3.10.2 Workers' Compensation and Emplovers Liabilitv:
The Artists shall maintain and, prior to commencement of this contract, provide the County
with evidence of workers' compensation insurance providing Florida statutory [Chapter 440,
Florida Statutes (2003)] limits to cover all employees and include Employers Liability
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coverage with limits of not less than $500,000 for accidents or disease, The policy shall also
provide that the County will be given thirty (30) day's written notice of cancellation or non-
renewal. In the alternative, the Artists may provide written proof that they are exempt from
the statutory workers' compensation insurance requirements under Chapter 440, Florida
Statutes (2003).
3.11. Indenendent Contractor. The Artists are independent contractors and nothing in this
Agreement shall be construed as constituting the Artists an employee, agent or representative of the County.
The Artists shall not be supervised by an employee or agent of the County.
3.12. Indemnification. The Artists and their subcontractors agree to indemnify and hold free and
harmless, assume legal liability for and defend, the County its officers, employees and agents, ITom and
against any and all actions, claims, liabilities, assertions ofliability, losses, costs and expenses, including but
not limited to attorney's fees, reasonable investigative and discovery costs, court costs, claim or claims for
bodily injury or death of persons and for loss of or damage to property, in law or in equity, of every kind and
nature whatsoever, which in any manner directly or indirectly may arise or be alleged to have arisen, or
resulted or alleged to have resulted ITom the negligent acts or omissions or other wrongful conduct of the
Artists and their subcontractors, employees, and agents in connection with the Artists' performance of services
pursuant to this Agreement. The Artists' obligations under this article shall not include indemnification of
the County and its officers, employees and agents, ITom and against liabilities, losses, costs and expenses
attributable to negligent acts or omissions or other wrongful condnct ofthe County and its officers, employees
and agents or for negligent acts or omissions or other wrongful conduct which occurs or is alleged to have
occurred after title to the Work of Art passes to the County in accordance with this Agreement. The parties
each agree to give the other party prompt notice of any claim coming to its knowledge that in any way
directly or indirectly affects the other party. The Artists shall invoice the County for ten dollars ($10.00);
such said ten dollars ($10.00) from the County is given in exchange for the Artists giving the County the
indemnification provided above.
3.13. Termination Of Agreement.
3.13.1. Termination For Cause. This Agreement may be terminated by either party upon
seven (7) days prior written notice should the other party fail substantially to perform in accordance with its
terms through no fault of the terminating party.
3.13.2. Termination For Convenience. The performance of work under this Agreement may
be terminated by the County effective upon seven (7) days prior written notice in accordance with this clause
in whole, or from time to time in part, whenever the County shall determine that such termination is in the
best interest of the County.
3.13.3. Termination For Lack of Funding, The obligations of the County under this
Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of
County Commissioners of St. Lucie County, Florida. In the event the County lacks funds to perform its
duties under this Agreement, the County may terminate this Agreement upon no less than twenty-four (24)
hours notice in writing to the Artists, sent by courier service or by certified mail, return receipt requested.
The County shall be the final authority as to the availability of funds.
3.13.4. Pavment Unon Termination. Upon termination of this Agreement, the Artists shall
be only entitled to payment and profit for that portion of work on the Work of Art that is completed to the
time of termination. The percentage of completion of the work on the Work of Art shall be determined based
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upon the approved Schedule of Values, Where the Agreement is terminated for cause by the County, such
payment to Artists shall be reduced by the amount equal to any additional costs incurred by the County as
a result of the tennination.
3.14. Publicity and News Releases. The Artists shall not, during the performance of this
Agreement, disseminate publicity or news releases regarding the Work of Art without prior written approval
from the County. All reproduction by the County shall contain a credit to the Artists.
3,15. Notice. All notices or contacts required under the tenns of this Agreement shall be sent to
the following:
To the County: With a copy to:
St. Lucie County Administrator
2300 Virginia Avenue
Fort Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Fort Pierce, Florida 34982
To the Artists:
Shadetree Studios
2900 North Old Dixie Highway
Fort Pierce, Florida 34946
3.16. Bill of Sale: Restoration. TIle Artists shall execute and deliver to the County a bill of sale
with the completion of the Work of Art and acceptance by the County. After final acceptance of the Work
of Art, the County agrees as follows:
3.16.1. The County shall keep the Work of Art in good condition and repair and permanently
display the Work of Art to the public in a manner suitable to a work of fine art, including the pennanent and
proper nameplate, which shall include "the name of the art work, the name of the Artists, and the date of
completion" and whose design and location shall be approved by the Artists; and
3,16.2. The County shall not destroy or alter Work of Art, and if during the lifetime of the
Artists the Work of Art is damaged the County shall notifY the Artists in writing of the occurrence and the
nature of the damage and shall afford the Artists a reasonable opportunity to conduct or supervise the
restoration of the Work of Art at a price to be mutually agreed upon. If the Artists do not take steps to
commence the restoration within thirty (30) days after receipt of the notice from the County, then the County
shall be free to make whatever arrangements it deems appropriate for the proper restoration of the Work of
Art.
3.16.3. In the event that the County fails to maintain the Work of Art in good condition, the
Artists shall have the right to disown it as his or her creation and request that the nameplate be removed from
the Work of Art until its condition is satisfactorily repaired.
3.17, Amendment of Agreement. No amendment, modification or waiver of this Agreement shall
be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition
of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of
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like or different nature. If the County currently provides or subsequently provides any forms for contract
modification, Council agrees to use said fonns.
3.18. Public Records. The Consultant 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 the
Consultant in conjunction with this Agreement.
3.19. Federal and State Taxes. The County is exempt from payment of Florida State Sales and Use
Taxes. The Artists shall not be exempt from paying sales tax to its suppliers for materials used to fulfill
contractual obligations with the County, nor are the Artists authorized to use the County's Tax Exemption
Number in securing such materials. The Artists shall be responsible for payment of all federal, state, and
local taxes and fees incurred in connection with this Agreement.
3.20. Audit. The Artists agree that the County or any of its duly authorized representatives shall,
until the expiration of three years after expenditure of funds under this Agreement, have access to and the
right to examine any directly pertinent books, documents, papers, and records of the Artists involving
transactions related to this Agreement. The Artists agree that payment(s) made under this Agreement shall
be subject to reduction for amounts charged thereto which are found on the basis of audit examination not
to constitute allowable costs under this Agreement. The Artists shall refund by check payable to the County
the amount of such reduction of payments. All required records shall be maintained until an audit is
completed and all questions arising therefrom are resolved, or three years after completion of the project and
issuance of the final certificate, whichever is sooner.
3.21. Binding Effect. Except as otherwise provided, this Agreement shall be binding upon and
shall insure to the benefit of the parties.
3.22. Whole Understanding. This Agreement embodies the whole understanding of the parties.
There are no promises, tenns, conditions, or obligations other than those contained herein, and this
Agreement shall supercede all previous communications, representations or agreements, either verbal or
written, between the parties hereto.
3.23. Mediation. In the event of a dispute between the parties in connection with this
Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation
prior to filing a lawsuit. The parties sball 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.
3.24. Entire Agreement. 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 tl1e 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
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IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the parties hereto
by its duly authorized representatives, as of the date first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
BY:
COUNTY ATTORNEY
WITNESSES:
SHADETREE STUDIOS
BY:
NAME:
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Patrick Cochran
Ginny Piech Street
St. Lucie County Marine Center &. Smithsonian Ecosystem Exhibit Public Art Project
July 14, 2003
Selection Panel
St. Lucie County Marine Center &. Smithsonian Ecosystem Exhibit
Public Art Project
St. Lucie County Cultural Affairs Council
600 North Indian River Drive
Fort Pierce, Florida 34950-3079
To Whom It May Concern,
Included here is a packet to accompany the maquette of our proposed sculpture to be place
on the site to the north of the Smithsonian Ecosystem Exhibit. Included in this packet are
the following items:
· Computer generated photograph of the sculpture, 'The Partnership", (project working
title) at the site
· Technical illustration outlining construction and related details
· Architectural site plan with sculpture placement indicated
· The sculpture's concept
· Engineer's approved review of the sculptural design
· Itemized list of expenses
· Maintenance
· Additional information
· Additional packets for reviewing of materials
If, after review of the material, there are further questions, please feel free to contact
us. Thank you for the opportunity to participate.
Sincerely,
------
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Patrick Cochran and Ginny Piech Street
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2900 N.orth Old Dixie Highway' Fort Pierce, Florida· 34946 . Phone 772·467·0033
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Ginny Piech Street
St. Lucie Cour:ty Marine Center 8: Smithsonian Ecosystem Exhibit Public Art Project
On Site View of Sculpture
"The Partnership"
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2900 North Old Dixie Highway· Fort Pierce, Florida. 34946 . Phone 772·467·0033
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"The Partnership"
TECHNICAL IllUSTRATION
INDICATES CURVED
STAINLESS RODS
HALF INCH
STAINLESS BOTTOM
6'
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CONCRETE FOUNDATION
TOPVIEW
WEIGHT OF PIECE IS APPROXIMATELY
7000 POUNDS WITH 5000 OFTHAT BEING
CONCRETE BASE. BASE
REIN~ORCEDWITH REBAR
STAINLESS RODS IN 3 SIZES
THREADED INTO STAINLESS
SLEEVESWElDEDTOTHE BASE
____ ANDTAPPED FOR SET SCREWS
(for hurricane remoyal, etc:,) -------...
CONCRETE BASE
RECESSED FOUR--"
INCHES SO PIECE _~
SITS DOWN IN it;:
RECESS
EMBEDDED STAINLESS
THREADED ROD
(2 rows of 5 each)
7'
FRONTVIEW
· Scale - 1/2" = I'
· Measurements approximate
· Minor modifications may be made during
construction of sculpture
6'
SCULPTURE SITS 4" DEEP
INTO THE BASE
2'
GROUND LEVEL
__ METAL STRUCTURE WILL BE
BOLTED TO CONCRETE BASE
\ BY 10 ¡"THREADED STAINLESS
RODS CAST INTO THE CONCRETE
(bar welded to rods to further anchor rods in c:oncrete)
......
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Patrick Cochran
Ginny Piech Street
St. Lucie County Marine Center & Smithsonian Ecosystem Exhibit Public Art Project
Site Plan
"The Partnership"
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2900 N.orth Old Dixie Highway' Fort Pierce, Florida· 34946 . Phone 772·467·0033
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Patrick Cochran
Ginny Piech Street
St. Lucie County Marine Center & Smithsonian Ecosystem Exhibit Public Art Project
The Concept
"The Partnership"
The concept for this piece, as outlined in the Arts View prospectus, is convergence of
man a,ld the Indian River Lagoon. The style is deconstructed reality, with various
elements representing the concept:
· Pale green rods represent seagrass, rejuvenation, rebirth and detoxification.
The rods protrude above the square and represent grasses that grow above the
water while the rods/ grasses ending within the circle represent those that
remain submerged beneath the water. The effect is one of looking th;ough
an aquarium.
· Like seagrass, the rods sway in the wind and intermittently make contact with
each other creating a naturally kinetic sound. The sound represents the man
made element, metal on metal while the energy to produce the sound, wind,
will come from nature.
· The empty space at the top of the circle embraces Fort Pierce Inlet's
manifestation.
· The circle represents infinity, the continuum of life and coexistence of man
and nature. The aqua color of the stainless steel suggests the water of our
Lagoon.
· The square corten shape represents man and the land because in feng shui the
3quare shape presents groundedness and permanence. The wrapped design
represents man's embracing arms and the responsibility of man to protect and
nurture the environment of the Indian River Lagoon. The rusted surface of
the corten steel represents nature's influence on man's structures.
· The layered cement base, infused with shells, represents the sedimentary
layers and the history of the Lagoon floor .
2900 N,orth Old Dixie Highway. Fort Pierce, Florida· 34946 . Phone 772·467·0033
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Patrick Cochran
Ginny Piech Street
St. Lucie County Marine Center &. Smithsonian Ecosystem Exhibit Public Art Project
Ma terials List
"The Partnership"
plywood
2"x4" wood
screws
concrete (10 bags at 10 ea.)
rebar (5/8"·2.99/10' piece)
pye pipe (including drains)
pye cement
1" stainless bolts
1 0 1" nuts and washers
,concrete dye
sand (for concrete mixture)
crushed shell
sand (for sand blasting) . 5 bags @3.50/bag
grinding wheels (9" box·50, 4" box·12)
sanding disks (2 boxes @ 45/box)
stainless sleeves
welding rods
argon· 1 tank
1/4" stainless bolts with hex heads (including washers and nuts)
tap and dye· several
30·40 stainless rods (sizes 5/8",3/4", 1/2' 3/8", 1/4")
acetone· 5 gallons
tyvek coveralls· quantity 5
instant rust· 1 gallon
black epoxy paint· 2 gallons (2 pt aliphatic urethane)
patina paint· 3 colors 1 gallon each
brushes
Permalac sealer· 2 gallons
orbital sanding disks
TOTAL ESTIMATED eOST OF MATERIALS:
4,062.00
2900 North Old Dixie Highway' Fort Pierce, Florida· 34946 . Phone 772·467·0033
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Patrick Cochran
Ginny Piech Street
St. Lucie County Marine Center & Smithsonian Ecosystem Exhibit Public Art Project
"The Partnership"
Expenses
purchase, cutting and weldingof steel structure
transport of sculpture components
concrete mixer
sandblaster
video filming of project
powder coating stainless rods
exteraneous expenses
TOTAL ESTIMATED COST OF EXPENSES:
9,850.00
Artist's Articulation of "The Partnership"
Hours = 237
construct form for base
casting base in concrete
demolding base
grinding welded seams on steel structure
tapping and drilling sleeves for rods
welding sleeves for rods to base
bending steel rods and welding wire hangers
sandblasting
painting stainless surfaces
applying sealer
installation of piece
TOTAL COST:
10,920.00
2900 N.prth Old Dixie Highway. Fort Pierce, Florida· 34946 . Phone 772·467·0033
\or
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i~»}~.
Patrick Cochran I»~I
Ginny Piech Street
St. Lucie County Marine Center Et Smithsonian Ecosystem Exhibit Public Art Project
"The Partnership"
Cost Totals
Total estimated cost of expenses:
Total r:ost of hours:
Total cost of materials:
Two artists - concept, creative development, research,
fabrication, design, modification, execution
Conservative estimated time per artist
256 hours x 2 = 512 hours = 9,480.00
TOTAL:
9,850.00
10,920.00
4,062.00
18,968.00
43,800.00
2900 N.orth Old Dixie Highway. Fort Pierce, Florida· 34946 . Phone 772·467·0033
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Patrick Cochran llJ Ginny Piech Street
St. Lucie County Marine Center &. Smithsonian Ecosystem Exhibit Public Art Project
Maintenance
"The Partnership"
The sculpture will be made of a combination of corten steel and stainless steel. (Included
in the packet is a printout outlining the characteristics of corten steel, which indicates
the suitability of corten for use in sculptures.) While corten oxidizes to a beautiful red
rust patina and maintains that patina for years, the entire sculpture will be sprayed
with "Permalac" sealer. This acrylic based sealer will protect the sculpture from the
harsh sun and salty environment of the site. The sealer has been tested and is ideally
formulated for this application.
The stainless rods will be powdercoated which is a baked on coating. The rods will not
rust underneath the coating and while the rods will move in the wind and on occasion
bump, the powdercoating will not chip. This coating should be permanent forever with
no need for recoating. The polyurethane type of powdercoating which will be used is
recommended for outdoor use and should not fade through the years. The rods will be
mounted to the sculpture through the use of stainless sleeves welded to the base of the
sculpture. The rods will fit down into the sleeves and secured with a he)(head set screw,
making their removal easy when necessary, as in preparation for a hurricane, etc.
(Illustration a. on next page)
The color coating on the stainless portion of the sculpture will be oxide dyes made
specifically for patinas on stainless and waterbased dyes are recommended for outdoor
use. The added protection of the Permalac sealer will insure the durability of the
coating.
The base, made of concrete infused with dye during the mixing process, is colorfast and
maintenance free. To prevent water sitting in the base and possibly creating a rust
situation, the base will be poured with a drain system installed. (Illustration b. on next
page)
2900 North Old Dixie Highway. Fort Pierce, Florida· 34946 . Phone 772·467·0033
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Patrick Cochran
Ginny Piech Street
St. Lucie County Marine Center 8: Smithsonian Ecosystem Exhibit Public Art Project
"The Partnership"
Illustrations a. and b.
..t
screw
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stainless
sleeYe
stainless
'od
Illustration a.
SIDE DRAINS
/ENTTRAIN~
r
.
1
FRONT VIEW OF BASE
SIDE VIEW OF BASE WITH DRAIN
i
DRrNS
.
TOP VIEW OF BASE
Illustration b.
2900 North Old Dixie Highway. Fort Pierce, Florida· 34946 . Phone 772·467-0033
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Patrick Cochran ~'J Ginny Piech Street
St. Lucie County Marine Center & Smithsonian Ecosystem Exhibit Public Art Project
Additional Information
"The Partnership"
· Public awareness. Interpretive sign to be placed on the site near the sculpture. The
cost of this sign is included within this piece. We will work with the Smithsonian to
design and place an appropriate sign.
· Engineer's addendum. In regard to the ability of the 8' x 8' 4" reinforced base
(existing already at the site) to carry the approximate 7,000 pounds of the sculpture,
it was Norman Mansson's opinion that the load was spread sufficiently over enough
surface to not pose a problem for the 8' x 8' base. If either surface, the 8' x 8' base
or the bottom of the sculpture base, is not even and contact is interrupted, then a 1/2"
polyethylene foam mat placed under the sculpture base will compensate and spread
the load evenly.
· Filming of the project. Please note that we've included the cost of camera film and
videotaping of the entire process which can be used for educational purposes, awareness
programs for the Cultural Affairs Council, etc.
2900 N.orth Old Dixie Highway. Fort Pierce, Florida. 34946 . Phone 772.467·0033
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AGENDA REOUEST
ITEM NO. C~
Date: October 21, 2003
Regular [ ]
Public Hearing [ ]
Consent [X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Art in Public Places Program - St. Lucie Marine Center Project
BACKGROUND: See C.A. No. 03-1458
FUNDS A V AIL-(State type & No. of transaction or N/A): Account Number 665-7310-563000-700
RECOMMENDATION: Staff recommends that the Board of County Commissioners declare the September 19,
2003 Agreement for Artist Services with Patrick Cochran and Ginny Piech Street and the October 7, 2003
Assignment of the Agreement to Shadetree Studios null and void. Staff further recommends that the Board approve
the proposed Agreement for Artist Services with Shadetree Studios, and authorize the Chairman to execute the
Agreement.
COMMISSION ACTION:
[X¡ APPROVED [] DENIED
[ ] OTHER:
CONCU
-
Approved (4·0) Bames·Absent
___<- (Check for Copy 0 . If applicable):
coordin.tion/Si"n.tnr~
.to.. _' $£0 r~
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County Attorney:
Other:
Other:
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A NO: 03-1458
DATE: October 14,2003
SUBJECT: Art in Public Places Program - St. Lucie Marine Center Project
BACKGROUND:
On August 12,2003, the Board of County Commissioners approved the recommendation
of the Cultural Affairs Council to select the sculpture proposed by Patrick Cochran and Ginny
Piech Street for the Art in Public Places Program project at the St. Lucie Marine Center.
Following the Board meeting, an Agreement for Artist Services was prepared based upon the
written proposal submitted by the artists in conjunction with the artist selection process. The
agreement was executed on September 18, 2003. In order to facilitate a more efficient billing
process for the project, staff and the artists determined that it would be beneficial to assign the
agreement to Mr. Cochran's studio, Shadetree Studios. On October 7, 2003, the Board approved
a proposed assignment of the agreement from the artists to Shadetree Studios. Subsequent to the
Board's action, the Finance and Purchasing Departments determined that the Board's action on
August 12, 2003 did not include authorization for the dollar amount proposed by the artists for
the project. A review of the August 12, 2003 meeting tape and agenda package indicated that
the Board had not been presented a copy of the proposal at the time of the presentation.
In order to rectify this situation, staff has prepared the attached Agreement for Artist
Services with Shadetree Studios for the project. As set forth in the artists proposal, a copy of
which is attached to the agreement as Exhibit "A", the compensation to the artists will be forty-
three thousand eight hundred and noli 00 Dollars ($43,800.00). This includes all costs associated
with the sculpture and student workshops regarding the project. The agreement provides for the
sculpture to be completed and installed at the Marine Center on or before December IS, 2003.
RECOMMENDA nON/CONCLUSION:
Staff recommends that the Board of County Commissioners declare the September 19,
2003 Agreement for Artist Services with Patrick Cochran and Ginny Piech Street and the
October 7, 2003 Assignment of the Agreement to Shadetree Studios null and void. Staff further
recommends that the Board approve the proposed Agreement for Artist Services with Shadetree
Studios, and authorize the Chairman to execute the Agreement.
I
Attachment
HYI
Copies to:
\wo
County Administrator
Cultural Affairs Council Executive Director
Finance Director
Contracts Coordinator
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Respectfully submitted,
.~~
Heather Young
Assistant County Attorney
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AGENDA REOUEST
ITEM NO. C:f1:
Date: October 21, 2003
Regular [ ]
Public Hearing [ ]
Consent [X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Air-Charter of Florida, Inc - Consent to Proposed Ground Sublease with Ari-Ben Aviator, Inc.
BACKGROUND: See C.A. No. 03-1454
FUNDS A V AIL-(State type & No. of transaction or N/A): N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners consent to the proposed
Ground Sublease between Air-Charter of Florida, Inc. and An-Ben Aviator, Inc.
COMMISSION ACTION:
,]{ ] APPROVED [] DENIED
[ ] OTHER:
CONCU
E:
Approved (4-0) Barnes-Absent
Dougl s . Anderson
County Administrator
County Attorney:
0r
Coordination/Si2natnres
Mgt. & Budget:
Purchasing:
Originating Dept.:
Other:
Other:
Finance (Check for Copy only, if applicable):
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INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
c.A. NO: 03-1464
DATE: October I6, 2003
SUBJECT: Air-Charter of Florida, lnc - Consent to Proposed Ground Sublease with An-Ben
A viator, Inc.
BACKGROUND:
Ari-Ben A viator, Inc. has been operating a flight school under a sublease with Air Charter
of Florida, Inc. since 1998. Ari-Ben is acquiring Hangar 4A at Air Charter and has entered into a
contract for the purchase of the improvements An-Ben currently leases from Air Charter. Ari-Ben
intends to demolish the existing building and construct a new facility for its flight school
operations. A copy of the proposed new Ground Sublease is attached to this memorandum. The
terms of the lease between the County and Air Charter require County approval for any sublease in
excess of twelve months. The proposed sublease will run concurrently with Air Charter's FBO
lease and is subject to its terms and conditions. Staff has reviewed the proposed sublease and it
appears acceptable.
RECOMMENDA nON/CONCLUSION:
Staff recommends that the Board of County Commissioners consent to the proposed
Ground Sublease between Air-Charter of Florida, Inc. and Ari-Ben A viator, Inc.
Respectfully submitted,
J ~\.. W~d.J rv
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to:
County Administrator
Airport Director
Finance Director
Contracts Coordinator
Deputy Clerk
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GROUND SUBLEASE
THIS INDENTURE, made and entered into this _ day of
,2003, by and between Air Charter of Florida, Inc., d/b/a Jet
Service Center, a Florida corporation, whose mailing address is 3131 Jet Center
Terrace, Fort Pierce, Florida 34946, hereinafter referred to as Lessor and Ari-Ben
Aviation, Inc., whose mailing address is 3800 St. Lucie Blvd., Fort Pierce, Florida
34946, hereinafter referred to as Lessee.
WITNESSETH:
That Lessor, for and in consideration of the rent herein contained, other good and
valuable consideration and the mutual covenants and premises contained herein, does
hereby demise and lease unto Lessee and Lessee does hereby lease and take from
Lessor a part of the premises located at the St. Lucie International Airport, hereinafter
called the "Demised Premises."
SECTION I, DESCRIPTION OF PREMISES
The Demised Premises is known as the building located at 3800 St. Lucie Blvd,
Fort Pierce, Florida, 34946 and 'Hangar 4A' located at 3915 St. Lucie Blvd., Fort Pierce,
Florida 34946. The Hangar is located on the Premises of Ari-Ben Aviator, Inc., also
known as Chevron South for the purpose of communicating with the FAA Ground
Controller when the aircrafts are arriving or departing that area.
In addition, the Lessee, its agents and employees shall have access to the full
airport facility known as the St. Lucie County International Airport and shall at all
reasonable times be permitted access to the runways, taxiways, and other public
facilities located upon the St. Lucie County International Airport property.
The term "Demised Premises" as used herein shall refer to the leased premises.
Lessee shall have the right to add to the building and structures in lessees sole
discretion if necessary for the continuation of Lessee's business.
SECTION II. TERM
The term of this Lease shall be for Forty (40) years. Lessee shall sLlrrender the
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Demised Premises to Lessor immediately upon the termination of the lease or earlier
termination as provided herein. Lessor specifically grants to Lessee one (1) option at
forty (40) years, under the terms and conditions set forth in this Lease Agreement and
spelled out in the Master Lease and Amended and Restated Lease Agreement of which
a copy has been available to Lessee. Lessee must notify Lessor, in writing, of the
Lessee's intent to exercise such option within 90 days of the expiration date of this
Lease Agreement, or each subsequent option term. Failure to provide Lessor such
notification shall cause any option renewals to be solely at the pleasure of Lessor.
SECTION III. COMMENCEMENT OF TERM
The Lease term shall commence on the _ day of
,2003.
SECTION IV. RENT AND OTHER CHARGES
A. MINIMUM BASE ANNUAL RENTAL. Lessee shall pay Lessor a
minimum base annual rental for the term of this Lease plus all sales tax levied by any
federal, state, county, city or any agency authorized to levy and collect rent tax, payable
in equal monthly installments, due on the first day of each month during thE¡ term of this
Lease constituting the minimum monthly rental due Lessor by Lessee as follows: 4.5
cents per square foot under roof per month, plus applicable sales tax.
B. AD VALOREM REAL PROPERTY TAXES AND ASSESSMENTS. Lessee
shall pay its pro rata share of all property taxes which may be levied or assessed by any
lawful authority against the demised premises. A tax bill or photocopy ther'90f
submitted by Lessor to Lessee shall be sufficient evidence of the amount cf taxes
assessed or levied against the Building. Lessee agrees that if Lessor is required to
escrow such taxes, Lessee shall also be required to escrow its pro rata share of taxes.
C. PAYMENT SCHEDULE. The rent under this Section IV, including the
minimum base rental of Paragraph A above, and the pro rata share of ad valorem real
property taxes of Paragraph B above if escrows are required, shall be paid by Lessee to
Lessor without notice or demand and without abatement, deduction or setoff in monthly
installments, in advance of the first day of each calendar month during the term of this
Lease as provided herein.
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It is clearly understood that, with regard to all sums in addition to the minimum
base rent due from Lessee pursuant to this Section IV, Lessor shall have all the rights
and remedies provided by law. The provisions for the payment of all sums set forth in
this Section in installments is a privilege for the benefit of Lessee. In the event of failure
to make such timely payments, Section XXII shall apply.
SECTION V. PENAL TV AND INTEREST OF ARREARAGE
If Lessee shall fail to pay the monthly installment of rent or any additional
payment as required herein to Lessor so that Lessor shall receive same within ten (10)
days of the date when the amount is due and payable, a late charge of Six Percent
(6%) of the total amount past due of a minimum of Twenty-five ($25.00), whichever is
greater, shall be paid by the Lessee to the Lessor per month or portion of each month
such item(s) is past due. In addition to the aforesaid late charge, the Lessee shall pay
interest at the maximum rate permitted by law from the date when the amount past due
was payable by the terms hereof until the date Lessor received payment of same.
These charges are for the purpose of collection efforts and to defray costs incurred by
Lessor in regard to such collection efforts. Nothing in this section shall be deemed a
waiver by Lessor of any covenant, term or condition of this Lease Agreement and in
particular, the provisions of Section XXII.
SECTION VI. COST OF LIVING INCREASE
Lessee shall also pay Lessee's pro rata share of the increased rent paid, if any,
by Lessor to St. Lucie County Port and Airport Authority pursuant to Lessor's Master
Lease Agreement dated March 12, 1992, recorded at OR Book 0780, Page 2329, of
the Public Records of St. Lucie County, Florida, and the Amended And Restated Lease
Agreement dated January 27th, 2003, recorded at OR Book 1648, Page 1857, of the
Public Records of St. Lucie County, Florida, of which a copy has been received by
Lessee.
SECTION VII. ATTORNEY'S FEES, ETC., AS ADDITIONAL RENT
If either party or St. Lucie County raft 8Ra Air~eFl Al:Jti'lerity is compelled to incur
any expenses, whether suit be brought or not, including reasonable attorney's fees in
investigating, instituting and prosecuting any action or proceeding by reason of any
default of either party hereunder, the sum or sums so paid with all interest, costs and
3
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damages shall be paid by the non-prevailing party.
In the event Lessor is the prevailing party, the awardable sums with all costs,
interest and damages shall be deemed additional rent hereunder and shall be due from
Lessee to Lessor on the first day of the month in which the respective expenses, etc.,
were incurred and if Lessee prevails, such sums may be deducted from the next rental
payment(s).
SECTION VIII. UTILITIES
Lessee covenants and agrees to pay in full all electricity and telephone services
used by Lessee in and around the Demised Premises. Lessor shall pay for and provide
water to the Demised Premises; provided, however, if Lessee installs bathroom facilities
in the Demised Premises, Lessor shall place a water meter in the Demised Premises,
and Lessee shall pay the metered cost of water provided to his bathroom facilities.
Septic Tank facilities may be provided by Lessor and the cost for same will be shared
by Lessee and other tenants whoever will use the septic tank and drainfield facilities.
SECTION IX. HOLDING OVER
Should Lessee continue in possession after the end of the term herein with
permission of Lessor, it is agreed that the tenancy thus created can be terminated by
either party giving the other party not less than thirty (30) days written notice to expire
on the day of the month from which the tenancy commenced to run. In so continuing,
Lessee agrees to pay the monthly rental equal to the then existing rent and to pay its
pro rata share of other charges as set forth herein and to keep and fulfill all the other
covenants and conditions of this Agreement.
SECTION X. EFFECT OF DESTRUCTION OF DEMISED PREMISES ON RENTAL
LIABILITY
A. In the event that the improvements to the Demised Premi~¡es are
completely destroyed, or are damaged in excess of forty percent (40%), due to any
cause whatsoever, the Lessee may at its own expenses repair, restore, or replace the
destroyed property if Lessee deems it practical or advisable to do so, and this Lease
shall continue in ful force and effect. If Lessee deems it impractical or inadvisable to
repair, restore, or replace the destroyed property, this Lease shall terminate on sixty
(60) days' written notice to Lessor under Section XXIV of this Lease.
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B. In the event that damage to the improvements to the Demised
Premises due to any cause whatsoever is not in excess of forty percent (40%). Lessee
shall at its own expense repair, restore, or replace the damaged improvements with due
diligence, and this Lease shall continue in full force and effect.
C. The phrase "completely destroyed" shall be construed to mean the
destruction of the safe, tenantable use of occupancy of all improvements under this
Lease. The phrase "damaged in excess of forty percent (40%)" shall be construed to
mean any damage to the improvements that will require an expenditure in excess of
forty percent (40%) of the market value (immediately prior to the damage) of the
improvements to accomplish required repairs, restoration, or replacement.
SECTION XI. EMINENT DOMAIN
A. INTERESTS OF PARTIES. If the Demised Premises or any part of the
Demised Premises is taken for public or quasi-public purposes of condemnation in any
action or proceeding in eminent domain, or is transferred in lieu of condemnation to any
authority entitled to exercise the power of eminent domain, the interests of Lessor and
Lessee in the award or consideration for the taking or transfer and the effect of the
taking or transfer on this Lease shall be governed by this Section XI.
B. TERMINATION ON TOTAL TAKING. If all or substantially all of the Demised
Premises are taken or transferred as described in Paragraph A, this Lease and all of
the rights, title, and interest under this Lease shall cease on the date that title to the
Demised Premises vests in the condemning authority, and the proceeds of the
condemnation shall be divided between Lessee and Lessor one-half (Y» to each. For
purposes of this Section XI, "all or substantially all of the Demised Premises" shall be
deemed to have been taken if forty percent (40%) or more of the gross floor area of the
Demised Premises is taken and cannot be restored or repaired so as to be suitable for
the conduct of the activities of Lessee conducted on the Demised Premises prior to the
taking.
C. TERMINATION ON PARTIAL TAKING. If less than all or less than
substantially all of the Demised Premises is taken or transferred as described in
Paragraph A, and, if in Lessee's opinion, the remainder of the Demised Premises is in a
location, or in a form, shape, or reduced size that makes it impossible for Lessee to
effectively and practicably conduct his regular activities on the remaining Demised
Premises, then this Lease shall terminate on the date title to the portion of the Demised
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Premises is taken or transferred vests in the condemning authority. The proceeds of
the condemnation shall be divided between Lessee and Lessor one-half (%) to Lessor
and (%) to Lessee.
D. CONTINUATION WITH RENT ABATEMENT AFTER PARTIAL TAKING. If
less that all or substantially all of the Demised Premises is taken or transferred as
described in Paragraph A, and if in Lessee's opinion the remainder of the Demised
Premises is in a location and a form, shape, or size that makes it possible for Lessee to
effectively and practicably conduct Lessee's regular activities on the remaining
Demised Premises, this Lease shall terminate as to the portion of the Demised
Premises taken or transferred as of the date title to the portion vests in the condemning
authority. However, this Lease shall continue in full force and effect as to the portion of
the Demised Premises not taken or transferred. From and after the date of taking or
transfer, the rent required to be paid by Lessee to Lessor shall be reduced during the
unexpired portion of this Lease by that proportion of the annual rent that the value of
the part of the Demised Premises taken or transferred bears to the value of the total
Demised Premises. These values shall be determined as of the date immediately
before any actual taking. The proceeds of the condemnation shall be divided one-half
(%) to Lessor and one-half (%) to Lessee.
E. VOLUNTARY CONVEYANCE. Nothing in this Section XI prohibits Lessor
from voluntarily conveying all or part of the Demised Premises to a public utility, agency,
or authority under threat of a taking under the power of eminent domain. Any voluntary
conveyance shall be treated as a taking within the meaning of this Section XI.
SECTION XII. USE OF PREMISES
The premises are leased to Lessee for use only for aeronautical activities as
defined by the Federal Aviation Administration or its successor agency and for uses
permitted by the St. Lucie County Zoning ordinances, subject to the restrictions
contained in Section XXXIII below.
During the continuance of this Lease, the Demised Premises shall not be used
for any purpose in violation of any federal, state or municipal statute or ordinance or of
any order, regulation or directive of a governmental agency, as such statutes,
ordinances, regulations, orders or directives now exist or may hereafter provide
concerning the use and safety of the Demised Premises. On the breach of any such
provisions by Lessee, Lessor may, at its option, consider Lessee in default pursuant to
Section XXII herein.
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SECTION XIII. LESSEE'S RIGHTS AND RESTRICTIONS AS TO BUSINESS SIGNS
Lessee shall have the right to maintain or display its name on the exterior of the
Demised Premises, provided that such signs comply with all FAA, local and government
or airport rules.
Any such sign shall be kept in a good state of repair and the Lessee shall repair
any damage that may have been done to the Demised Premises by the erection,
existence or removal of such a sign at Lessee's expense.
SECTION XIV. QUIET POSSESSION
Upon payment of Lessee of the rents herein, and upon the observance and
performance of all terms, provisions, covenants and conditions on Lessee's part as
provided for in this Lease, Lessee shall, subject to all such terms, provisions, covenants
and conditions, peaceably and quietly hold and enjoy the Demised Premises for the
lease term. Lessor shall not unreasonably interfere with Lessee or its customers or
invitees.
SECTION XV. PARKING
Lessor grants to Lessee the right to use in common with other Lessees entitled
to similar use thereof the taxiways, a minimum of 25 ramp spaces and driveways for
ingress and egress, loading areas and the parking area for parking automobiles of
Lessee's invitees, subject to such reasonable rules and regulations as it may be
necessary to be established by Lessor to insure the efficient operation and
maintenance of the parking and common access areas and to keep them in good
conditions, repair (reasonable wear and tear excepted), safe, reasonably clean and free
of refuse, obstructions, pavement deterioration and the like. Lessor my require
employees of Lessee to use a parking area designated by Lessor as an employee
parking area and Lessee shall guarantee to Lessor the lessee's employees shall use
the designated employee parking areas as designated by Lessor. Lessor further
reserves the right to provide parking on contiguous property of after acquired property
subsequent to the date of execution of this Lease in which event the new parking shall
be used as parking facilities for Lessee's customers, students, clients and employees
as designated by Lessor.
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SECTION XVI. LESSEE'S DUTY TO MAINTAIN PREMISES AND AGREEMENT TO
SURRENDER PREMISES IN GOOD CONDITION
A. On the expiration date of this Lease as set forth in Section II of this Lease, or
the termination of Lessee's possession under this Lease pursuant to Section XXII
(collectively referred to as the "Expiration Date"), Lessee shall promptly quit and
surrender the Demised Premises and deliver to Lessor actual possession and
ownership of the Demised Premises, in such condition that takes into account
reasonable wear and tear to the Demised Premises.
B. Lessee shall have the right to remove from the Demised Premises all
movable equipment, and articles of personal property used or procured for use in
connection with Lessee's activities on or before the Expiration Date, provided that
Lessee shall promptly repair, or cause to be repaired, any damage resulting to the
Demised Premises by reason of this removal. Any trade fixtures, equipment, or articles
of personal property of Lessee that remain at or on the Demised Premises after the
Expiration Date shall be deemed to have been abandoned by Lessee, and may either
be retained by Lessor as its property or disposed of by Lessor without accountability to
Lessee for the value of these trade fixtures, equipment, or articles of personal property,
or any proceeds derived from the sale of these items.
SECTION XVII. REPAIRS
Lessee shall take good care of the exterior and interior of the Demised Premises
and the fixtures and appurtenances therein and at its sole cost and expense make all
repairs thereto as and when needed to preserve good working order and condition. All
such repairs, restorations and replacement shall be in a quality and class equal to the
original work or installations and shall be done in a good and workmanlike manner. If
Lessee fails to make such repairs, restorations or replacements, same may be made by
Lessor at the expense of Lessee and all sums so spent and expenses incurred by
Lessor shall be collectable as additional charges and shall be paid by Lessee as part of
the next due monthly rent installment.
Lessor shall make all repairs and replacements, structural or otherwise
necessary and desirable in order to keep the Common area of the Jet Service Center in
good order and repair, including accessory parking, access, loading and landscaping
areas and mechanical areas. Currently, Lessor has not incurred any common area
maintenance costs. In the event that Lessor begins to incur common area maintenance
8
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costs, Lessee shall pay its pro rata share of such costs, at such times as Lessor
provides to Lessee copies of all invoices indicating amounts incurred for common area
maintenance costs. For the purpose of this agreement, "common area maintenance
costs" shall be limited to lawn maintenance-septic tank and drainfield facilities.
Lessee shall not permit any liens to be attached to the Demised Premises by
reason of any labor or materials used in repairs or alterations, restoration or other work
included within the responsibility of Lessee.
Lessee shall promptly replace all broken plate glass in the Demised Premises at
Lessee's own cost and expense unless such breakage was caused by the negligence
of Lessor, other Lessees, their agents or employees. If the Lessee fails to repair the
damage of any plate glass or window glass on the Demised Premises then the Lessor
may repair said damage or destruction and charge the cost of such repairing to the
Lessee in the amount thereof which shall be deemed to be and be paid as additional
charges on the next due monthly rental installment date.
SECTION XVIII. LESSEE INSURANCE ON DEMISED PREMISES
Lessee shall purchase and maintain in effect during the term of this Lease and
any extension or renewal thereof, a policy or policies of insurance written by a company
or companies qualified to write insurance in the State of Florida and possessing a rating
of A-3A (or higher) by Best's Insurance Rating, providing insurance coverage against
damage to all interior improvements and Lessee's personal property, which policy or
policies shall be in an amount equal and sufficient, subject to approval by Lessor, to
cover the value of such improvements and personal property. If additional
improvements are made during the term of this Lease or any extension or ¡Oenewal
thereof, additional insurance coverage will be obtained, as aforementioned, in any
amount equal and sufficient to cover the value of such additional improvements. The
cost of premiums of all such policies shall be in the joint names of Lessor, Lessee and
any Mortgagee and duplicate copies thereof shall be delivered to Lessor and the
policy(s) shall include a minimum comprehensive general liability insurance coverage
for both Lessee and Lessor in the amount of not less than Five Hundred Thousand
Dollars ($500,000.00) for each person. All proceeds from such policies shall be used
for the repair and rebuilding of the Demised Premises, or for payment of liability costs, if
applicable.
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SECTION XIX. LESSEE'S HOLD HARMLESS AND INDEMNIFICATION OF LESSOR
Lessee shall save and hold Lessor and St. Lucie County raFt BRei ^irpeFl
^l,Jt :¡grity harmless from all loss or damage occasioned by the use, misuse or abuse of
water or the water pipes or fixtures, electric wires or fixtures, heating apparatus, drains,
plumbing and other fixtures and apparatus in the charge of Lessee or those having
Lessee's estate in the Demised Premises, or by the bursting of the pipes or by any
nuisance made or suffered on the Demised Premises and shall promptly cause same to
be repaired at Lessee's sole cost and expense, provided such loss or damage is not
caused by faulty materials or workmanship which were the original responsibility of
Lessor or by the negligence of Lessor or its agents or other tenants.
Lessee covenants that it will indemnify and save Lessor and St. Lucie County
PaR BREI .^.irper:t '/\uthoril;' harmless from all liability, losses, costs, damages, expenses
and judgments arising from injury of any nature occurring or alleged to have occurred
during the term of this Lease Agreement to person or property on the Demised
Premises (including that to Lessee's customers, employees, agents or invitees) in the
parking areas, adjacent sidewalks and loading areas accessory to the Demised
Premises provided such liability, loss or costs shall not be due to the negligence, willful
act or omission of Lessor, other tenants, their agents or employees.
SECTION XX. ASSIGNMENT OF SUBLEASE
Lessee shall have the right to assign this Lease or any interest therein or sublet
the Demised Premises or any part thereof or any right or privilege appurtenant thereto.
Any assignment or sublease shall be made expressly subject to all of the terms,
conditions and limitations contained in this Lease between Lessor and Lessee and the
Master Lease and Lessee shall continue to be liable and responsible for due
performance of all the terms, covenants and conditions of this Lease. If the interest of
Lessor shall be transferred voluntarily, or by reason of foreclosure or other proceedings
for enforcement of any mortgage on the Demised Premises, Lessee shall be bound to
such transferee for the balance of the term hereof remaining and any extensions of
renewals thereof which may be effected in accordance with the terms and conditioned
of this Lease with same force and effort as if the transferee were the Lessor under this
Lease.
10
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Lessee does hereby agree to attorn to the transferee including the mortgagee
under any such mortgage, if it be the transferee, as its Lessor. Said attornment to be
effective and self-operating without the execution of any further instruments upon the
transferee succeeding to the interest of the Lessor under this Lease. Lessee agrees,
however, that if a written attornment agreement consistent with this provision is required
by a mortgagee, the Lessee will execute, acknowledge and deliver same within ten (10)
days following a request by Lessor to Lessee to deliver such Agreement. In the event
of failure to do so Lessor may, in addition to other remedies for breach of covenant
hereunder, execute, acknowledge and deliver the same as the agent or attorney-in-fact
for this purpose.
The respective rights and obligations of Lessee and the transferee upon such
attornment to the extent of the then remaining balance of the term of this Lease and
any such extensions and renewals shall be in and are the same as set forth herein. In
the event of such transfer of Lessor's interest, Lessor shall be released and relieved
from all liability and responsibility thereafter accruing to Lessee under this Lease or
otherwise and Lessor's successors or assigns, by acceptance of rent from Lessee
hereunder, shall become liable and responsible to Lessee in respect to all obligations or
Lessor under this Agreement except as may be expressly stated to the contrary in this
Lease.
SECTION XXI. RULES AND REGULATIONS OF THE BUILDING AND COMPLEX
Lessee and Lessee's agents, employees, visitors, invitees, licensees, clients and
customers shall faithfully comply with the rules and regulations of the Lessor and such
further reasonable rules and regulations as Lessor at any time may make and
communicate in writing to Lessee which, in the Lessor's judgment, shall be necessary
for the reputation, safety, care, efficient operation or appearance of the Building and the
common areas. Lessor shall not be liable to Lessee for the violations of any said rules
and regulations or the breach of any covenant or condition in any lease by any other
Lessee, assignee or sublease or by any employees or invitees or any other Lessee,
assignee or sublessee.
SECTION XXII. LESSEE'S DEFAULT
This Lease is subject to Lessee's performance of the payments, covenants and
conditions set forth herein. If Lessee defaults in performance of any such payment of
rent installment, pro rata expense payment or other sums due hereunder, or if any
11
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waste be committed or unnecessary damage done upon or to the Demised Premises of
if there is any default or breach of any covenant, condition or term of agreement to be
performed by Lessee hereunder, or any of the following occur (which shall constitute a
breach of this Lease by Lessee):
A. Institution of involuntary bankruptcy proceedings by or against Lessee;
B. Institution of voluntary bankruptcy proceedings;
C. Assignment for benefit of creditors of Lessee's interest under the Lease;
D. Any pleadings under any sections of any bankruptcy or reorganization act
shall be filed by or against Lessee; or
E. Appointment of a receiver for the property or affairs of Lessee where such
receivership is not vacated within sixty (60) days after the appointment of such receiver;
and the breach continues for more than ten (10) days after Lessee receives written
notice thereof, Lessor may, at Lessor's option:
1. Pursue any legal remedy to recover for the breach and continue the
Lease in force; or
2. Notify Lessee the full amount of the unpaid balance of the total rental
under this Lease Agreement shall be forthwith due and payable as though stipulated to
be paid on the date of such default; or
3. Declare the Lease forfeited and its term ended and enter into
possession of the Demised Premises and remove all persons and property from the
Demised Premises (and such property may be removed and stored in a public
warehouse or elsewhere at the cost of, and for the account of, Lessee, all without
service of notice or resort to legal process and without being deemed guilty or trespass
or becoming liable for any loss or damage which may be occasioned thereby) and sue
to recovery all rents or damages accruing under this Lease or arising out of a violation.
4. Exercise any and all remedies provided by law or in equity.
Every demand for rent and other charges due wherever and whenever made
12
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shall have the same effect as if made at the time it falls due and at a place of payment
or on the Demised Premises, and after the service of any notice or commencement of
any suit, or final judgment therein, Lessor may receive and collect any rent due and
such collection or receipt shall not operate as a waiver or not affect such notice, suit or
judgment. To secure the payment of all rents and additional charges due hereunder
Lessor shall have a first and prior lien on all of Lessee's furniture, fixtures and
merchandise located in the Demised Premises. One or more waivers by Lessor of any
covenant, condition or default shall not be construed as waiver, consent or approval of
a subsequent breach.
It is mutually understood and agreed by Lessor and Lessee that the respective
parties hereto shall waive trial by jury in any action, proceeding or counterclaim brought
by either of the parties against the other on any matters arising out of or in any way
associated with this Lease or the relationship between Lessor and Lessee's use of or
occupancy of the Demised Premises. Lessee further agrees that it shall not interpose
any counterclaim or counterclaims in a summary proceeding or any action based upon
non-payment of rent or any other payment required of Lessee hereunder.
SECTION XXIII. TRASH DISPOSAL
Lessee shall keep the Demised Premises in a careful, safe and clean manner,
and shall not permit any rubbish or refuse of any nature to accumulate.
SECTION XXIV. NOTICES
Every notice, approval, consent or other communication authorized or required
by this Lease Agreement shall not be effective unless same shall be in writing and sent
postage prepaid by the United States Certified Mail, Return Receipt Requested,
directed to the other party at its address provided for below or such address as either
party may designate by notice given from time to time in accordance with this section.
As to Lessor:
Jet Service Center
Air Charter of FL., Inc.
3131 Jet Center Terrace
Ft. Pierce, FL 34946
(772) 464-6687
As to Lessee:
Ari-Ben Aviator, Inc.
3800 St. Lucie Blvd.
Ft. Pierce, FL 34946
(772) 466-4822
13
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SECTION XXV. WORDS OF GENDER
Wherever herein the context so requires, the use of the singular shall include the
plural, the use of masculine shall include the feminine or the neuter and the use of
representative shall include trustee, receiver, executor, etc.
SECTION XXVI. INTEGRATION
This instrument embodies the whole agreement of the parties and there are no
promises, terms, conditions or obligations other than those herein contained. This
Agreement shall supersede all previous communications, discussions, representatives,
advertisements, brochures, proposals or agreements, either verbal or written, between
the parties hereto and not herein contained.
SECTION XXVII. COUNTERPARTS
This Agreement may be executed simultaneously in two (2) or more
counterparts, each of which shall be deemed an original but all of which together shall
constitute one and the same instrument.
SECTION XXVIII. CAPTIONS
Captions are included for convenience only and shall be given no legal effect
whatsoever.
SECTION XXIX. PARTIES
Except as herein and otherwise expressly provided, the covenants, conditions
and agreements contained in this Lease shall bind and insure to the benefit of Lessor
and Lessee and their respective heirs, personal representatives, successors and
assigns.
SECTION XXX. GOVERNING LAW
This Lease and the performance thereof shall be governed, interpreted,
construed and regulated by the laws of the State of Florida.
14
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SECTION XXXI. PARTIAL INVALIDITY
If any term, covenant, condition, or provision of this Lease or the application
thereof to any person or circumstance shall, at any time or to any extent, be invalid or
unenforceable, the remainder of this Lease, or the application of such term or provision
to persons or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby and each term, covenant, condition and
provision of the Lease shall be valid and be enforced to the fullest extent permitted by
law.
SECTION XXXII. APPROVAL OF ST. LUCIE COUNTY PORT Arm AIRPORT
AYTHORITY
This Lease Agreement has been approved by the St. Lucie County 1'01"1: !II ,a
/\ir~eFt 1'.l:Jtl::1erity. This Lease Agreement is further conditioned upon Lessee complying
with all the terms and conditions, rules, regulations and directives issued 01' adopted by
St. Lucie County reFt BRa .'\ir~eFt .^,i:ltI:l9Fity referred to in Paragraph VI above. A copy
of which has been made available to Lessee by Lessor.
SECTION XXXIII. COVENANT NOT TO COMPETE
The Lessee covenants and agrees to use the Demised Premises solely for the
purposes specifically set forth herein and shall not conduct, or allow the conduct of, any
business or operation which is or may be in competition with Lessor unless approved in
writing by Lessor. The covenant pertains only to the business activities and operations
at St. Lucie County International Airport and for the term of his Lease Agreement.
Provided, however, Lessor agrees that Lessee may use the Demised Premises to
conduct personal and/or commercial airplane hangarage and storage, without any
further permission of Lessor.
15
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IN WITNESS THEREOF, the parties hereto have hereunto set their hands and seals as
of the date first above written.
Signed, sealed and delivered
in the presence of:
¡f!øl{ D-T1¡;[J;y
~~ J2 flUA--
Richard Himmel, Director, President
STATE OF FLORIDA
COUNTY OF SAINT LUCIE
The foregoing instrument was acknowledged before me on this I ¡-t/;J day of
/J.J.{riJß,~ ,2003, by Richard Himmel, as President of AIR
CHARfER OF FLORIDA, INC., d/b/a JET SERVICE CENTER, a Florida Corporation,
on behalf of the corporation, who is ( v{ personally known to me, or ( ) has produced
as identification, and who did not take an oath.
~Q,~
Notary Publi Sitnature
...¡fii<"'Ø,:., Inez J. Word
!''f'''Æ.'~ MY COMMISSION # C1:997675 EXPIRES
;"::A:; March 21, 2005
~...'t1.~ BONDEDTHRIJTROVFAlNINSURANCf.INC.
·M..t,.,
'tJiFÞ J LJrf'D
Printed Name of Notary Public
I am a Notary Public of the State of Florida
(SEAL)
16
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Signed, sealed and delivered
TàMlD-ltJir
~. ß- j)á-~vé
'"
STATE OF FLORIDA
COUNTY OF SAINT LUCIE
J
The foregoing instrument was acknowledged before me on this .:<3/'-// day of
IU l' b/,JLût. ' ,2003, by Michael Cohen as President of ARI-BEN
AVIAtOR, INC who is (v1 personally known to me, or ( ) has produced
as identification, and who did not take an oath.
~Q._~
Notary Pub I S1gnature
""'''~,,
a-
'. - InezlW!J1'd
¡:! 11 MY COMMISSION # CC991615 EXPIREs
.'i.".,....~' Man:h 21 2005
"·,r,r,-;·' 80NDEDTHRUTROYFAíNIN~INc.
-:L¡J£2,.- J. WlrtC D
Printed Name of Notary Public
I am a Notary Public of the State of Florida
(SEAL)
17
~
....;
READ, APPROVED & ACCEPTED by the St. Lucie County Port and Airport Authority
on this the day of ,2003, by , County
Commissioner, St. Lucie County Florida.
County Commissioner
STATE OF FLORIDA
COUNTY OF SAINT LUCIE
The foregoing instrument was acknowledged before me on this day of
, 2003, by , County Commissioner
who is ( ) personally known to me, or ( ) has produced
as identification, and who did not take an oath.
Notary Public Signature
Printed Name of Notary Public
I am a Notary Public of the State of Florida
(SEAL)
18
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...",
LEGAL DESCRIPTION
Subj ect is located on the southern portion of the leased
site described below:
Beginning at the Southwest corner of section 29, Township 34
South, Range 40 East, run South 87 Degrees 49' 54" East 30
feet to a point lying on the South line of said section, run
North 00 Degrees 26' 26" East 525.11 feet parallel to the
West line of said section, run South 87 Degrees 51' 34" East
231.09 feet, to the Point of Beginning, from said Point of
Beginning run South 87 Degrees 51' 34" East 517.19 feet, run
North 45 Degrees 15' 26" East 559.19 feet, run South 50
Degrees 08' 40.5" East 160.489 feet, run South 00 Degrees
26' 26" West 589 feet, run South 89 Degrees 52' 26" West
1,044.2 feet, run North 00 Degrees 26' 26" East 319.83 feet
to the Point of Beginning, containing 10.04 acres+.
Subject to a right of ingress and egress lying 10 feet on
either side of the following described centerline.
Commencing at the Southwest corner of Section 29, Township 34
South, Range 40 East, run South 87 Degrees 49' 54" East 30 feet
to a point lying on the South line of said section, run
North 00 Degrees 26' 26" East 525.11 feet parallel to the
West line of said section, run South 87 Degrees 51' 34" East
748.28 feet, run North 45 Degrees 15' 26" East 559.19 feet,
run South 50 Degrees 08' 40.5" East 97.49 feet to the Point
of Beginning of 'said centerline, run South 01 Degrees 28'
28" East 629.71 feet to a Point of Terminus.
FULLER-ARMFIELD-WAGNER
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AGENDA REOUEST
ITEM NO. t! ~ :l4
DATE: October 21, 2003
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT IX]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. Mcintyre
County Attorney
SUBJECT:
Approval of Equipment Request Numbers EQ04-21 I, and Budget Amendment BA04- I 06 for the purchase of
capital software for the County Attorney's movable filing system.
BACKGROUND:
During the budget hearings held on September 11, 2003, and September 18, 2003, the Board of County
Commissioners approved to fund the costs associated with a movable filing system for the County Attorney's
Office. Certain equipment/capital software necessary for the filing system was not identified at the time staff
requested funding. Staff is now requesting approval of Equipment Request Number EQ04-21 I and Budget
Amendment Number BA04-1 06 for the purchase of a capital software Colorbar Gold Software Label Print System
Print Only version with three seats.
FUNDS AVAIL.:
General Fund/County Attorney/Improvement Other Than Building, Account Number 001-1410-563000-100.
PREVIOUS ACTION:
Please see above.
RECOMMENDATION:
Staff recommends that the Board approve Equipment Request Number EQ04-21 1 and Budget Amendment
Number 04-106 to cover the purchase of a capital software for the County Attorney's movable filing system as
described above.
,
\.é
COMMISSION ACTION:
Kl APPROVED [] DENIED
t J OTHER:
Approved (4-0) Barnes-Absent
Review and ADcrovals
County Attorney:
~~þlJfM
Management
Originating Dept_
Other:
Finance: (Check for Copy only, if applicable)_
& Budget U-ð 7rJ rrJf?
Purchasing
Other:
~
Eff. 5/96
,
~ BUDGET AMENDMENT REQUEST FORM ..,
REQUESTING DEPARTMENT: COUNTY ATTORNEY
PREPARED DATE: 10/16/03
AGENDA DATE: 10/21/03
ACCOUNT NUMBER ACCOUNT NAME AMOUNT
TO: 001·1410·568000-100 CAPITAL SOFTWARE $2,775
FROM: 001-1410-563000-100 IMPROVEMENTS OfT BUILDING $2,775
REASON FOR BUDGET AMENDMENT TO PAY FOR COLORBAR GOLD SOFTWARE LABEL PRINT SYSTEM
ONLY VERSION WITH THREE SEATS.
CONTINGENCY BALANCE: N/A
THIS AMENDMENT:
REMAINING BALANCE:
DEPARTMENT APPROVAL:
OMB APPROVAL: ULJ
BUDGET AMENDMENT #: BA04·106
DOCUMENT # & INPUT BY:
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ITEM NO. C 3a
DATE: 10/21/03
AGENDA REQUEST
SUBMITTED BY (DEPTI: PUBLIC WORKS - ADMIN
REGULAR: ( )
PUBLIC HEARING: ( )
CONSENT: ( X )
PRESENTED BY:
~~~~.W~
(bon West r
Public Works Director
---
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: lakewood Park Stormwater Permit Modification. Engineering Design Contract with Hazen &
Sawyer Engineers.
BACKGROUND: The Eastwood Canal in northwest SI. Lucie County receives stormwater discharge from
the lakewood Park subdivision, Spanish lakes County Club Village, and a new development, Portofino
Shores. The Eastwood Canal discharges stormwater through its control structure to the Fort Pierce Farms
Water Control District (FPFWCD) Canal No.3.
Residents of lakewood Park have raised concerns over the increased discharge from the Portofino Shores
Development and possible impacts to the lakewood Park and Eastwood Canal stormwater system.
At the request of County Staff, Hazen & Sawyer Engineers has performed a hydraulic modeling analysis of
the Eastwood Canal stormwater system. The system was modeled to evaluate any impacts that may result
from the additional discharge generated by the new Portofino Shores Development.
Based upon the design storm event (10 year, 24 hour rainfall) of 6.5" in 24 hours, the impacts are minimal.
A meeting was held with representatives of SFWMD, FPFWCD, Portofino Shores, and County Staff to
discuss the modeling results. Both Water Management Districts agreed to work with the Countyto permit a
modification to the Eastwood Canal water control structure. This will insure that there are no adverse
impacts to the Eastwood Canal system and the level of flood protection for the lakewood Park subdivision
is maintained.
The attached engineering proposal from Hazen & Sawyer Engineers outlines the work required to prepare
the necessary permit application, engineering design drawings and hydraulic modeling to secure a permit
modification for the Eastwood Canal water control structure. The construction will be completed in the
field by the Portofino Shores Developer, once the County obtains the necessary permits.
FUNDS AVAilABLE: Funds will be made available in 101003-41131-563005-425047-Transportation Trust
local Option Culvert Replacements.
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends approval ofthe attached Work Authorization No.4 in the amount
of $19,900.00, with Hazen & Sawyer Engineers & Scientists, Inc. forthe lakewood Park Permit Modification,
and signature by the Chairman.
\.or
~
XJ APPROVED
o OTHER:
o DENIED
,
COMMISSION ACTION:
Approved (4-0) Barnes-Absent
Staff will change title to" Lakewood
Park I Portofino Shores"
Review and ~alS
~ Originating Dept: (Pub. WkS.{..1fJ!:. ~ County Attorney: '
~ Purchasing: Þ.dt () 0 Parks & Recreation:
_ ~ Management and Budget:
~/J7.1Jfj
o Environmental Lands:
C!!I Finance:
o Other
Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager
at (561) 462·1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting.
~
...."
WORK AUTHORIZATION NO.4
Engineering Services
Related to ttormwater Management
C03-05-395
for
Lakewood Park Planning, Regulatory Review, and Permit Modification
Pursuant to that certain Agreement Between County and Engineer for Engineering
Services (the "Agreement") between St. Lucie County (the "County") and Hazen and Sawyer,
P.C. (the "Engineer") dated May 13,2003, the Engineer agrees to provide the additional Scope
of Services described in Exhibit "A" and for the additional Compensation described in Exhibit
"B". All services provided under this Work Authorization shall be completed according to the
schedule described in Exhibit "C".
IN WITNESS WHEREOF, the County has hereunto subséribed and the Engineer has
affixed his, its, or their names, or name, on the dates below.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
n
c... u OJ.>----'-
::~:/~il
Print me: James T. 11
Hazen and Sawyer Engineers, P.C.
Date:
FtPProposalsSt.LucieCounty053.doc
Page 1of6
""'"
....,
Exhibit A
Scope of Work
,
Lakewood Park Planning, Regulatory Review,
and Permit Modification
August 2003
Backqround
The Eastwood Canal in northwest St. Lucie County receives stormwater discharge from the
Lakewood Park subdivision, Spanish Lakes County Club Village (SLCCV), and adjacent lands.
The Eastwood Canal discharges stormwater through its Control Structure (C.S.) to the Fort
Pierce Farms Water Control District (FPFWCD) Canal NO.3. A new development, Portofino
Shores, is now proposed to discharge to the Eastwood Canal.
Purpose
Previous studies performed by Hazen and Sawyer have evaluated the surface water
management system in the Lakewood Park subdivision and FPFWCD Canal NO.3.
These studies have indicated flow restriction occurs at the Control Structure. In order to
improve flow capacity at the C.S., ENGINEER will provide design and permitting services for a
C.S. modification. ENGINEER will also evaluate the impact of the proposed Portofino Shores
development on the surface water management system, and account for stormwater discharge
from Portofino Shores in the design of the C.S. modification.
PHASE 1- EASTWOOD CANAL IMPROVEMENTS
Task 1 - Portofino Shores Impact Assessment
ENGINEER will perform plans review of the proposed Portofino Shores development, relative to
surface water management within the proposed development. Plans review will include review
of surface water management calculations and minimum roadway and finished floor elevations,
prepared by the proposed development. The plans review shall not exceed eight (8) hours and
shall not include more that two (2) design iterations for the proposed development.
ENGINEER will include stormwater discharge from the proposed Portofino Shores development
in the existing XP-SWMM hydrodynamic model of Lakewood Park and FPFWCD Canal NO.3.
Using the FPFWCD design storm event (10 Year, 24 Hour), ENGINEER will simulate the
following four (4) scenarios:
· Existing Conditions
· Proposed Conditions (including Portofino Shores)
· Existing Conditions with a modified Control Structure
· Proposed Conditions (including Portofino Shores) with a modified Control
Structure
FtP.ProposalsSt.LucieCounfy053.doc
Page 20f6
""
""'"
Simulation and analysis background, results and methodology will be provided in a memo
report. ENGINEER will attend two (2) meetings to discuss results and assumptions and prepare
meeting minutes for each meeting.
'.
Task 2 - Control Structure Design/Modelina
Using the hydrodynamic model and COUNTY input from the meetings described in Task 1,
ENGINEER will prepare the final design for the C.S. modification. The final design is anticipated
to involve a combination of a lower bleeder notch invert elevation and widening of the bleeder
notch. ENGINEER will also conduct one site visit to assess any significant site condition
changes from the previous model.
Modeling of the FPFWCD design storm event (10 Year, 24 Hour) will be used to design the final
C.S. modification. The modification will utilize the following design directives:
1) Increase in peak stages in FPFWCD Canal No.3 will not exceed O.5-ft, 'or as
directed by FPFWCD staff (compared to existing simulation with Portofino input).
2) Volume of discharge through the C.S. will be increased, subject to directive NO.1
above. Volume of discharge will be expressed in equivalent inches/acre/day,
consistent with FPFWCD permitting requirements.
3) No decrease in Eastwood Canal level of service (compared to existing conditions
simulation), as measured by peak stages in the Eastwood Canal.
The final design parameters shall be supplied to the COUNTY and FPFWCD for approval. Upon
approval, ENGINEER will prepare one design drawing showing the existing and proposed C.S.
configurations. COUNTY will provide all bidding, construction services, and technical
specifications for the proposed modification.
Task 3 - Permitting Assistance
ENGINEER shali prepare and submit an application to modify the existing Lakewood Park
South Florida Water Management District (SFWMD) Surface Water Management Permit, in
order to permit the proposed C.S. modification. The permit application will include supporting
calculations, hydrodynamic modeling using the existing model described in Task 1, and exhibits.
ENGINEER will respond to up to two (2) SFWMD requests for additional information.
ENGINEER will submit certificate of construction completion to SFWMD (assuming legible red-
line as-builts are provided by the contractor).
FtP.Proposafssr.LucíeCounty053.doc
Page 30f6
'""
...,¡
PHASE II - BASIN PLANNING
Task 4 - Additional Development Review
.'
It is anticipated that additional development will be proposed to discharge to the Lakewood
ParklFPFWCD surface water management system. The purpose of this allowance task is to
provide as-needed professional services related to review and impact assessment of the
proposed development. Services are anticipated to involve plans review and impact assessment
using an existing hydrodynamic model (as described in Task 1) for one (1) proposed
subdivision, not-to-exceed a total of 62 hours.
Services to be contracted under this task must be specifically authorized by the COUNTY.
Task 5 - Basin Planninq
It is anticipated that the COUNTY may pursue further pianning of long-term improvements in the
Lakewood Park watershed. The purpose of this allowance task is to provide as-needed
professional services related to long-term planning. Services are anticipated to involve
conceptual planning, attendance at meetings, and coordination with regulatory agencies, not-to-
exceed a total of 20 hours. This task is not anticipated to include detailed, design, permitting,
analysis or hydrodynamic modeling.
Services to be contracted under this task must be specifically authorized by the COUNTY.
ASSUMPTIONS
1. All work will be based on existing available data. No surveyor other field collection of
data shall be conducted, beyond that specified.
2. No cost estimates will be provided.
3. All permit application fees paid by COUNTY.
4, Permit application is based upon the assumption of no dredge and fill or other wetland
impacts.
5. Services previously contracted will be utilized to complete the above tasks. This
proposal assumes services previously contracted will remain contracted.
FtP.ProposalsSt.LucieCounty053,doc
Page 40f6
'-'
'WI
Exhibit B
t
Budget
Lakewood Park Planning, Regulatory Review,
and Permit Modification
August 2003
The following provides our estimated costs for completion of the scope of services as described
in the previous section. Hazen and Sawyer, P.C. proposes to complete this project for the total
amount of $19,900.
Phase 1- (Lump Sum)
Amount
Task 1- Portofino Shores Impact Assessment
$ 5,200
$ 3,000
Task 2 - Control Structure Design/Modeling
Task 3 - Permitting Assistance
Lump Sum Subtotal
$ 5,000
$ 13,200
Phase II - (Hourly Rate/Expenses Basis")
Task 4 - Additional Development Review $ 4,900
Task 5 - Basin Planning $ 1.800
Not-To- Exceed Subtotal $ 6,700
PROJECT TO'f AL $ 19,900
"
Hourly rates shall be in accordance with Hazen and Sawyer, P.C. 's continuing
Professional services fee schedule.
FtP.ProposafsSt.LucieCouf1ty053.doc
Page 50f6
'-"
...."
Exhibit C
-Schedule
Lakewood Park Planning, Regulatory Review,
and Permit Modification
August 2003
Item
Completed Time
From Notice to Proceed
PHASE I
Task 1 - Portofino Shores Impact Assesment
2 Weeks
Task 2 - Control Structure Design/Modeling
4 Weeks
Task 3 - Permitting Assistance
4 Weeks (submittal of permit
application)
PHASE II
Task 4 - Additional Development Review
To Be Determined
Task 5 - Basin Planning
To Be Determined
FtP.ProposalsSt.LucieCounty053.doc
Page 6 016
'"
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAilABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[]tJ APPROVED
CJ OTHER
Agenda Request
Item N~r
Date:
e.'3b
10/21/03
Consent
Regular
Public
Hearing
leg, [ ]
[X]
[ ]
[ ]
Quasi·JD [
Board of County Commissioners
Public Works
Presented By
\})~
Environmental sources
Manager
D DENIED
)r-
Request of Anchor Bay Development, Inc. for an exemption from the requirements of
Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an
Environmental Impact Report for the project to be known as Ocean Bay Villas.
The developer of Ocean Bay Villas proposed to be located on 9.12 acres of land on the
east side AlA and west of the Sand Dollar Villas on North Hutchinson Island, is
requesting that the Board grant relief from the requirements of Section 11.02.09(A)(5) of
the St. Lucie County Land Development Code. Section 11.02,09(A)(5)(e) requires that
all site plans located on either of the barrier islands, inciude as a part of the site plan
review process, an Environmental Impact Report (EIR). The purpose of the EIR is to
assess the impacts of the proposed development upon the existing natural environmental
conditions. The Board of County Commissioners may grant relief from the requirements
for the filing of this report upon the demonstration by the developer that the information
being foregone by such relief is not needed in order to determine the impacts of the
proposed development upon the existing natural environment.
The proposed Ocean Bay Villas site is located on land that was filled pursuant to a
dredge and fill permit issued by the Army Corps of Engineers in 1980/1981. As a result,
all native vegetation and habitat were destroyed and the site became inundated with
exotics. In April 2003, the applicant received a waiver to the vegetation permit
application that allowed for the removal of exotics. Only a few native plants remained on
the site after exotic removal. There are no significant environmental features on the
subject property.
In addition to the above, the applicant has undertaken a lighting exercise using a "cherry·
picker" to determine if the lighting from the proposed buildings will impact nesting to
hatching Sea Turtles. It has been detenTlined that the lighting from these buildings will
have no impact. Environmental Resources staff will conduct a lighting inspection from
the beach at night to verify the findings of this report. If any lighting issues become
apparent, the applicant will be responsible for any alterations or improvements necessary
at that time.
N/A
None
Staff recommends that this request for an exemption from the requirements of Section
11.02.09(A)(5) be approved and that no environmentai impact report be required for this
project.
Approved (4·0) Barnes·Absent
Coordination! Signatures
Mgt. & Budget:
t.oM )o.vOther:
Purchasing:
Other:
County Attorney
Originating Dept.:~fw,
Finance:
~
......
'WI
Commission Review: October 21, 2003
PUBLIC WORKS DEPARTMENT
Environmental Resources Division
MEMORANDUM
TO:
County Commission
FROM:
Environmental Resources Manager
DATE:
October 21, 12003
SUBJECT:
Request of Anchor Bay Development, Inc. for an exemption from the requirements of
Section 11.02.09(A)(5), St. Lucie County Land Development Code, to prepare an
Environmental Impact Report for the project to be known as Ocean Bay Villas.
The developer of Ocean Bay Villas proposed to be located on 9.12 acres of land on the east side AlA and west of
the Sand Dollar Villas on North Hutchinson Island, is requesting that the Board grant relief from the requirements of
Seclion 11.02.09(A)(5) of the St. Lucie County Land Development Code, Section 11.02.09(A)(5)(e) requires that all
site plans located on either of the barrier islands, include as a part of the site plan review process, an Environmental
Impact Report (EIR), The purpose of the EIR is to assess the impacts of the proposed development upon the
existing natural environmental conditions. The Board of County Commissioners may grant relief from the
requirements for the filing of this report upon the demonstration by the developer that the Information being
foregone by such relief is not needed in order to determine the impacts of the proposed development upon the
existing natural environment.
The proposed Ocean Bay Villas site is located on land that was filled pursuant to a dredge and fill permit Issued by
the Army Corps of Engineers in 1980/1981. As a result, all native vegetation and habitat were destroyed and the
site became inundated with exotics. In April 2003, the applicant received a waiver to the vegetation permit
application that allowed for the removal of exotics. Only a few native plants remained on the site after exotic
removal. There are no significant environmental features on the subject property.
In addition to the above, the applicant has undertaken a lighting exercise using a "cherry·picker" to determine if the
lighting from the proposed buildings will impact nesting to hatching Sea Turtles. It has been determined that the
lighting from these buildings will have no impact. Environmental Resources staff will conduct a lighting inspection
from the beach at night to verify the findings of this report. If any lighting issues become apparent, the applicant will
be responsible for any alterations or improvements necessary at that time.
Staff recommends that this request for an exemption from the requirements of Section 11.02.09(A)(5) be approved
and that no environmental impact report be required for this project.
SUBMITTED:
ß.~&1ó)~
(
o Vanessa Bessey
1"~EnVironmental Resources Manager
cc: Doug Anderson, County Administrator
Dan McIntyre, County Attorney
Ray Wazny, Public Works Director
Dennis J. Murphy, Community Development Director
Terry Virta, Terry L. Virta & Associates
y
.....,
ITEM NO. C-3c
DATE: October 21,2003
AGENDA REQUEST
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [x]
TO:
BOARD OF COUNTY COMMISSIONERS
. Scott Herring, P. .
Road & Bridge Manager
SUBMITTED BY:
ROAD & BRIDGE DIVISION (4110)
SUBJECT: Amendment to Work Authorization NO.8 with Nature's Keeper, Inc. to increase the amount
by $9,030.00 to $34,004.40.
BACKGROUND:
Work Authorization No. 8 ($24,974.40) was issued to Nature's Keeper, Inc. to install
232,320 square feet of Bahia Sod along both sides of Orange Ave from Header Canal to
County Line. This quantity was under estimated when measurements were done using
incorrect sod width. The new estimate is 316,320 square feet and will total $34,004.40. All
work will be completed by October 31, 2003.
Funds will be made available:
FUNDS AVAilABLE: 101002-4112-563000-41009 Improvements Other than Buildings ($24,974.40)
101-41'08-563000-400 - Improvements. other tþ.an Buildings ($9030)
PREVIOUS ACTION: N/A
RECOMMENDATION:
Staff recommends approval of the amendment to Work Authorization No. 8 with Nature's
Keepers, Inc. to increase the amount to $34,004.40, extend the completion time to October
31, 2003 and authorize the Chairman to sign.
Approved (4-0) Barnes-Absent
COMMISSION ACTION:
~ APPROVED [ ] DENIED
[ ] OTHER
[ x ] County Attorney
[ x ] Mgt. & Budget
ULJ ('I1MQ
[ x ] Public Works Olr.
cI¿
[ x I County Engineer
[ x] Purchasing Oept.
] Project, Mgr.
[ I Eng Budget & Rev. Coor.
] Other
Sod Amend.doc
" OCT-14r2003 09: 1 8AM "-'~N.turo'. Koopor Ino m m 8923 ~69 P 002/002 F-493
'" """"
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....."
FIRST AMENDMENT TO
WORK AUTHORIZATION NO. 8
Installation of Bahia Sod
Orange Avenue
Header Canal to the County Line
Pursuant to that certain Contract (the "Contract") between St. Lucie County (the
"County") and Nature's Keeper, Inc., (the "Contractor") dated December 4,2001 (C01-12-
154), Contractor agrees to perform and successfully complete the scope of work as set
forth. Compensation to the Contractor, along with the schedule for completion of the work
shall be as described in Exhibit "A" and shall not exceed $34,004.40 (Thirty Four Thousand
Four and 40/100 Dollars).
IN WITNESS WHEREOF, the Parties have caused this Work Authorization to be
executed and delivered, effective this day of , 2003.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
WITNESSES:
NATURE'S KEEPER, INC.
BY:
Print Name:
Title:
..... '
...",
AMENDED EXHIBIT "A"
DATE:
October 15, 2003
WORK AUTHORIZATION:
1st Amendment to No.8
PROJECT:
Orange Avenue
Header Canal to the County Line
FIRM:
Nature's Keeper, Inc.
TIME OF PERFORMANCE:
Completion On or before October 31, 2003
SCOPE OF WORK:
Installation of Bahia Sod - Two strips of sod along
both sides of Orange Avenue, from Header Canal to
the County Line. Each strip is 16" wide
COST:
316,320 Total Square Feet of Bahia Sod
$ .0675 per square foot for Sod
$ .04 per square foot for Installation
Total per square foot price $ .1075
Total Project Cost: $ 34,004.40
"-
~
/,,)
Agenda Request
.,
Item Number:
Meetln!l Date:
C¿1~ tl
"'"
Consent
Regular
Public Hearing
Leg, [ ]
[XI
[ ]
[ ]
Quasi..JD [
SUBJECT:
Consider Draft Resolution 03-235 granting approval for a Major SRe Plan to
as Las Pal mas SubdivisIon. (File No,: MJSP-03-008) ,
To:
Submitted By:
Board of County Commissioners
Community Development
BACKGROUND:
N,G,G. Point LLC, has applied for a Major SRe Plan approval for the project to be
known as Las Palmas Subdivision. This project is to be a 33-lot single-family
residential subdivision located on an 8,95-acre parcel 01 land located on the north side
of Kitterman Road, approximately 650 feet east of US Highway One.
The subject property is located In the RM-5 (Residential Multipie-Famiiy, 5 dulacre)
Zoning District, The subject property is located in the RM (Residential Medium - 9dul
acre) future land use designation, The applicant is proposing a density of 3.69
dulacre, which is consistent with the maximum permitted density within the RM
(Residential Medium) Future Land Use Map Designation.
The proposed site cIoas not contain any environmentally significant lands,
Attached is a copy of Draft Resolution 03-235, which, if approved, would grant this
request for Major Site Plan approval, subject to the conditions contained therein.
FUNDS AVAILABLE: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends approval of Draft Resolution 03-235, subject to the cited conditions
contained therein.
COMMISSION ACTION: ENCE:
[](] APPROVED D DENIED
D OTHER
u s M. Anderson
County Administrator
Approved (4-0) Barnes-Absent
~ Coordination! Signatures
County Attorney y<1 Mgt. & Budget:
FinanCe,\~ Fire Dept:
Environ. Resou(ces; ~ Utility:
Purchasing:
Public Works:
Engineering:
Other:
\w.
TO: County Commission
""'"
BOARD OF COUNTY COMMISSIONERS REVIEW: October 21,2003
COMMUNITY DEVELOPMENT DEPARTMENT
(Planning Division)
MEMORANDUM
FROM: Community Development Director
DATE: October 14, 2003
SUBJECT: Consider Draft Resolution 03-235, approving the request of N. G. G. Point, LLC, for
a Major Site Plan approval for the project to be known as Las Palmas Subdivision.
(File No.: MJSP·03-OO8)
LOCATION: North side of Kitterman Road, approximately 500 feet east of
the intersection of Kitterman Road and US Highway One.
EXISTING ZONING:
LAND USE DESIGNATION:
PARCEL SIZE:
PROPOSED OSE: -
PROJECT DENSITY:
SURROUNDING LAND USE:
SURROUNDING ZONING:
FIRE/EMS PROTECTION:
RM-5 (Residential, Multiple-family - 5 dulacre)
RM (Residential Medium - 9 du/acre)
8.95 ± Acres
31 lot, single-family residential subdivision
3.69 Units per acre
Vacant Florida Power & Light (FP&L) land to the north;
vacant residential [Douglas Woods (Phase 1)] to the south;
commercial development and additional vacant commercial
to the west and vacant residential and single-family
residential to the east.
The future land use designations for the surrounding
properties are: T/U (TransportationlUtilities) to the north; RM
(Residential Medium - 9 dulacre) tõ the South and east and
COM (Commercial) to the west.
U (Utilities) to the north, RM-9 (Residential, Multiple-family- 9
dulacre) to the south; RM-5 (Residential, Multiple-family - 5
dulacre) to the east and CG (Commercial General) to the
west.
Fire Station Number #6 (350 E. Midway Road) is located
approximately 3 miles to the northeast.
'-'
....I
October 14, 2003
Page 2
Subject: Las Palmas Subdivision
File No.: MJSp·03-008
UTILITY SERVICE:
Water and sewer services to be provided by the City of Port
St. Lucie Utilities.
TRANSPORTATION IMPACTS:
Right of Way
Adequacy:
Kitterman Road is a 50-foot right-of-way facility within the
vicinity of the subject parcel. The applicant's have provided
for an 11-foot right-of-way dedication for Kitterman Road, to
satisfy the current alignment and future expansion plans for
this roadway facility.
Scheduled Area
Improvements:
No construction plans for the next five years.
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity
~*******************************************
STANDARDS FOR SITE PLAN REVIEW
Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum
Standards of Reviewfor all proposed Site Plans. These standards must be met in order for any site
plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval,
utilizing these requirements and notes the following:
A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN
The proposed building or use is consistent with the general purpose, goals, objectives, and
standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and
Compiled Laws of St. Lucie County; and the proposed use complies with all additional
standards imposed on it by the particular provisions of this Code authorizing such use and
any other requirement of the Code and Compiled Laws of St. Lucie County.
The proposed Las Palmas Subdivision is consistent with the general purpose, goals,
objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the
Code and Compiled Laws of Sf. Lucie County.
Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes a maximum density
for the RM (Residential Medium) land use category as 9 dwelling units per acre. This
proposed project is to be developed at a density of 3.69 dwelling units per acre. Therefore,
the proposed project is consistent with this policy.
Policy 1.1.5.10 of the St. Lucie County Comprehensive Plan states "...construction of new
residential development at densities greater than two units per acre shall only be permitted
when central or on-site wastewater systems are available or will be provided concurrent with
'-'
..."
October 14, 2003
Page 3
Subject: Las Palmas Subdivision
File No.: MJSP-03·00B
the impacts of development, consistent with the adopted levels of service found in the plan."
The applicant has provided a letter of service availability from the City of Port St. Lucie
Utilities, which indicates sufficient capacity availability to support the proposed project. The
proposed project is consistent with this policy.
B. EFFECT ON NEARBY PROPERTIES
1. The proposed building or use will not have an undue adverse effect upon nearby
property, the character of the neighborhood, traffic conditions, parking, utility
facilities, and other matters affecting the public health, safety, and general welfare_
The proposed Las Palmas Subdivision has been determined not to have an undue
or adverse effect upon nearby properties. The subject property is surrounded by the
following land use and zoning districts.
ProDertv Use Land UselZonino Designation
North Vacant land T/U (Transportation/Utilities) I U (Utilities)
South Vacant Residential and RM (Residential Medium) I RM-9 (Residential Multiple-
Douglas Woods (Phase 1) family - 9 dulacre)
NSLRWCD New Canal then
West General Commercial COM (Commercial) I CG (Commercial General)
Development
East Single-family residential RM (Residential Medium) I RM-5 (Residential, Multi-
family - 5 du/acre)
Section 11.02.09((A)(4) requires the submittal of a traffic impact report for residential
developments exceeding 49 dwelling units. The applicant is requesting approval to
develop a 33-lot single-family. Based upon generallTE criteria, this development
would produce a total of 330 trips per day. Kitterman Road is a Major County 2-lane
facility. According to the Spring 2003 St. Lucie County Traffic Count Kitterman Road
currently operates at a LOS "CD. This roadway facility has a LOS Capacity of 8,600
trips with 2,200 trips being utilized, which leaves 6,400 trips available. Therefore, at
this time, sufficient capacity exists on Kitterman Road to support the proposed
subdivision. There are no plans for roadway construction plans within the next five
years. The Engineering Department does foresee future roadway improvements
occurring in this area. This development is not expected to cause any of the existing
transportation links in this area to fall below an acceptable minimum Level of
Service. In order to ensure that there is sufficient future right-of-way in this area for
roadway improvements, Staff is recommending the following condition of approval:
Prior to issuance of any building permits for any lot within the Las Palmas
Subdivision, the petitioner, their successors or assigns, shall convey to St.
Lucie County, in manner and form acceptable to the St. Lucie County
Attorney, the north 11 feet of the parcel for the future widening of Kitterman
"".
...,,;
October 14, 2003
Page 4
Subject: Las Palmas Subdivision
File No.: MJSP-03·008
Road. To the extent permitted under the County's Code and Compiled Laws,
any such dedication may be considered eligible for Road Impact Fee Credits.
In addition, the applicant has proposed a six-foot wide sidewalk to be located along
the southern property line, immediately north of Canal No. 25, the entire length of the
project site. This sidewalk will eventually tie into roadwayìmprovements for U. S.
Highway One. In order to ensure the installation of the sidewalk, staff is
recommending the following condition of approval:
Prior to the issuance of the first Certificate of Occupancy (CO) for the first
residential building or structure, the developer shall provide a concrete
sidewalk, having a minimum width of six (67 feet, along the southem property
line, immediately north of Canal No. 25, from the eastem project limits to the
westem project limits.
The Port St. Lucie Utility Department will be servicing the proposed project with
water and sewer. The applicant has provided verification from this entity that
sufficient capacity is available to support the proposed residential development.
2. All reasonable steps have been taken to minimize any adverse effect of the
proposed building or use on the immediate vicinity through building design, site
design, landscaping, and screening.
The proposed site was utilized previously as a grove. The grove was abandoned
and has subsequently been cleared. Today, the site has become overgrown with
Brazilian Pepper and AusTralian pine. There are a few scattered cabbage palm trees
on the site that can be relocated into the buffer areas of the site.
The subject property is a long narrow strip of land (300' x 1,295'). The proposed
design incorporates one single 60-foot right-of-way through the property with two
rows of lots coming off the right-of-way. The proposed site layout has minimized any
adverse impacts on the surrounding residential and commercial areas through the
site design. '
In order to ensure that the project has adequate lighting at the project entrance, staff
is recommending the following condition of approval:
The developer shall provide adequaté intersection site lighting at the
intersection of the Las Palmas Subdivision Entrance and Kitterman Road.
The lighting shall be installed utilizing acceptable Engineering Safety
Standards.
3. The proposed building or use will be constructed, arranged, and operated so as not
to interfere with the development and use of neighboring property, in accordance
with applicable district regulations.
The design of the proposed project has been determined not to interfere with the
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..."
October 14, 2003
Page 5
Subject: Las Palmas Subdivision
File No.: MJSP-03·008
development or use of neighboring properties. The property to the north is owned by
Florida Power and Light and is designated with a U (Utilities) zoning classification.
The properties to the south and west are utilized for residential purposes and the
properties to the east are utilized as general commercial establishments. Overall,
the proposed subdivision will be consistent with the existing development pattern.
The access to the proposed building site will be through a single point of access onto
Kitterman Road. The applicant's are proposing a future access from the site to tie in
to Goforth Way in order to provide for emergency access from the site. No other
access into or out of the development site is being proposed.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed building or use complies with the standards of Chapter V, Adequate Public
Facilities.
The 31-lot Las Palmas Subdivision falls under the threshold requirement for submitting a
traffic impact report. Even though no traffic impact report was submitted, this development
is not expected to cause any of the existing transportation links in this area to fall below an
acceptable minimum Level of Service.
The proposed Las Palmas Subdivision will be provided water and sewer by Port St. Lucie
Utilities. The applicant has submitted a letter of intent from the City of Port St. Lucie Utilities
Department, which indicates that sufficient capacity for both water and sewer is available to
support the proposed 33-lot residential subdivision.
D. ADEQUACY OF FIRE PROTECTION
The applicant has obtained from the 51. Lucie County Fire District written confirmation that
the proposed site plan conceptually meets the minimum access and water supply
requirements for fire protection services at this facility:
The applicant has obtained written confirmation from the St. Lucie County Fire District that
the proposed plan conceptually meets the minimum access and water supply requirements
for fire protection services at this facility. The applicant has otherwise demonstrated by
substantial credible evidence, that water supply, evacuation facilities; and emergency access
are satisfactory to provide adequate fire protection.
E. ADEQUACY OF SCHOOL FACILITIES
The proposed building or use will be served by adequate school facilities.
The Las Palmas Subdivision will be served by adequate school facilities. A 33 unit single-
family subdivision is expected to generate 11 (.34 students per unit) new students.
The Las Palm as Subdivision is located in School Choice Zone 3. Student assignments from
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""""
October 14, 2003
Page 6
Subject: Las Palmas Subdivision
File No.: MJSP-03·00B
this community will be made consistent with applicable St. Lucie County Board of Education
standards and regulations. The Las Palmas Subdivision will be subject to the County's
Educational Impact Fee Ordinance.
F. ENVIRONMENTAL IMPACT
For developments required to provide an environmental impact report under Section
11.02.09(A)(5), the proposed development will not contravene any applicable provision of
the Sf. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment
Analysis~ of the Sf. Lucie County Barrier Island Study Analysis of Growth Management
Policy Plan, Kimley-Hom and Associates, Inc. (August, 1982).
The proposed Las Palmas Subdivision site occupies approximately B.95 acres and contains
no areas of environmentally sensitive land. The subject property was previously utilized as a
grove. That grove has subsequently been removed and the land has become overgrown
with Australian pine and Brazilian Pepper vegetation. There are a few cabbage palm trees
scattered throughout this site. The applicant has agreed to relocate these palms during
construction of the subdivision.
The applicant has assured staff that, if field checks determine that additional trees can be
preserved or relocated, they will do so.
*.**************************************
COMMENTS
N. G. G. Point, LLC, has applied for Major Site Plan approval for the project to be known as Las
Palmas Subdivision. This project is to be a 33-lot residential subdivision, located on an B.95-acre
parcel of land, north of Kitterman Road, approximately 500 feet west of the intersection of Kitterman
Road and US Highway One.
The subject property is located in the RM-5 (Residential, Multiple-family - 5 dulacre) Zoning District.
The applicant is proposing a density of 3.69 du/acre, which is below the maximum permitted within
the RM (Residential Medium) Future Land Use Designation of 9 du/acre, as indicated on the Future
Land Use Map of St. Lucie County.
Staff's review of this petition finds the site plan is consistent with Section 11.02.07 the St. Lucie
County Land Development Code and is not in conflict with the goals, objectives and policies of the
St. Lucie County Comprehensive Plan, subject to the conditions set forth below.
Also, the proposed development project is not expected to adversely impact the surrounding area or
properties.
Attached is a copy of Draft Resolution 03-235, which, if approved, would grant this request for Major
Site Plan approval, subject to the following conditions:
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....,
October 14, 2003
Page 7
SUbject: Las Palmas Subdivision
File No.: MJSp·03·0Q8
1. Prior to issuance of any building permits for any use or activity within the Las Palmas
Subdivision, the petitioner, their successors or assigns, shall convey to St. Lucie County, in
manner and form acceptable to the St. Lucie County Attorney, the north 11 feet of the parcel
for the future widening of Kitterman Road. To the extent permitted under the County's Code
and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee
Credits.
2.' Prior to the issuance of the first Certificate of Occupancy (CO) for the first residential building
or structure, the developer shall provide a concrete sidewalk, having a minimum width of six
(6') feet, along the north side of Kitterman Road, from the eastern project limits to the
western project limits.
3. The developer shall provide adequate intersection site lighting at the intersection of the Las
Palmas Subdivision project entrance and Kitterman Road. The lighting shall be installed
utilizing acceptable Engineering Safety Standards.
4. St. Lucie County shall bear no responsibility for maintenance and/or replacement of the
pavers used on the cul-de-sac. Such maintenance shall be the responsibility of the
Homeowner's Association of Las Palmas Subdivision.
Staff recommends approval of Draft Resolution 03-235.
If you have any questions, please let us know.
SUBMITTED:
o IS J, Murphy, AICP
Community Development Dir ctor
DJM/cs
H:/wp/projectslLas Palmaslagendalbccmemofnl.doc
cc: County Administrator
County A"omey
Public Works Director
County Engineer
Rre Marshall
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RESOLUTION 03-235
FILE NO.: MJSP-03-OOS
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT TO BE KNOWN
AS LAS PALMAS RESIDENTIAL SUBDIVISION
IN THE RM-5 (RESIDENTIAL, MULTIPLE-FAMILY
5 DUlACRE) ZONING DISTRICT FOR
PROPERTY LOCATED IN ST. LUCIE COUNTY,
FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. N. G. G. Point. LLC, presented a petition for Major Site Plan approval to allow a 33-lot
residential subdivision to be known as Las Palmas Subdivision on 8.95 acres of land
on the north side of Kitterman Road, approximately 500 feet east of the intersection of
US Highway One and Kitterman Road, in the RM-5 (Residential, Multiple-Family - 5
du/acre) Zoning District for the property described in Part B below.
2. The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet all technical requirements and to be consistent with the
future land use maps of the St. Lucie County Comprehensive Plan, subject to certain
conditions set forth in Part A.
3. The proposed project is consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan and the Code of Ordinances of St. Lucie County.
4. With the conditions imposed pursuant to this Resolution, the proposed project will not
have an undue adverse effect on adjacent property, the character .of the neighborhood,
traffic conditions, parking, utility facilities, or other matters affecting the public health,
safety and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect on the proposed
project on the immediate vicinity through building design, site design including upland
and wetland buffers, landscaping and screening.
6. With the conditions imposed in Part A of this Resolution, the proposed project will be
constructed, arranged and operated so as not to interfere with the development and
use of neighboring property, in accordance with applicable district regulations.
7. Port St. Lucie Utilities will provide water and sewer service to the proposed project.
File No.: MJSP-03-00'a
October 21 , 2003
Resolution 03-235
Page 1
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8. The applicant has demonstrated that water supply, evacuation facilities and emergency
access are satisfactory to provide adequate lire protection.
9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
the Community Development Director on October 21, 2003.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie
County, Florida:
A. Pursuant to Section 11.02.05 of the SI. Lucie County Land Development Code, the site
plan for the project to be known as Las Palmas Subdivision, is hereby approved as
depicted on the site plan drawings for the project prepared by The Vel con Group Inc.,
dated 3/5103, last revised on 8/29/03, and date stamped received by the SI. Lucie
County Community Development Director on 9/9/03, for the property described in
Section B, subject to the following conditions:
1. Prior to Issuance of any building permits for any use or activity within the
Las Palmas Subdivision, the petitioner, their successors or assigns, shall
convey to SI. Lucie County, In manner and form acceptable to the St. Lucie
County Attorney, the north 11 feet of the parcel for the future widening of
Kitterman Road, To the extent permitted under the County's Code and
Complied Laws, any such dedication may be considered eligible for Road
Impact Fee Credits.
2, Prior to the Issuance of the first Certificate of Occupancy (CO) for the first
residential building or structure, the developer shall provide a concrete
sidewalk, having a minimum width of six (6') feet, along the northern side
of Kitterman Road, from the eastern project limits to the western project
limits.
3. The developer shall provide adequate Intersection site lighting at the
Intersection of the Las Palmas Subdivision project entrance and Kitterman
Road. The lighting shall be Installed utilizing acceptable Engineering
Safety Standards.
4. St. Lucie County shall bear no responsibility for maintenance and/or
replacement of the pavers used on the cul-de-sac. Such maintenance
responsibility shall be responsibility of the Las Palmas Subdivision
Homeowner's Association.
B. The property on which this Major Site Plan approval is being granted is described as
follows:
Lot 11, Block 1, Mode Land Company Subdivision of Section 15, Township 36 South, Range
40 East, according to the plat thereof, recorded In Plat Book 1, Page 41, less the South 24
feet and west 30 feet of said Lot 11, Block 1, of the Public Records of St. Lucie County,
Florida.
Said land contains 8.95 acres, more or less.
File No.: MJSP-03-008
October 21 , 2003
Resolution 03-235
Page 2
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(Location:
North aide of Kitterman Road approximately 500 feel east of the Intersection of US
Highway One and Kitterman Road
C. The approvals and authorizations granted by this Resolution are for the purpose of
obtaining future site plan/building permit approvals and shall expire on October 21,
2005, unless. the developer has obtained final plat approval for this subdivision and the
final record plat for this subdivision has been recorded in the land records of St. Lucie
County, or an extension has been granted in accordance with Section 11.02.06, St.
Lucie County Land Development Code. Once the final plat or plats for this
development have been recorded in the land records of the County, no further site
plan extension will be required provided that development activities in the subdivision
proceed in manner consistent with this approved site plan.
D. The Major Site Plan approval granted under this Resolution is specifically conditioned
to the requirement that the petitioner, N. G. G. Point, LLC, including any successors in
interest, shall obtain all necessary development permits and construction
authorizations form the appropriate State and Federal regulatory authorities, including
but not limited to: the United States Army Corp of Engineers, the Florida Department
of Environmental Protection, and the South Florida Water Management District, prior
to the issuance of any local building permits of authorizations to commence
development activities on the property described in Part B.
E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
the Community Development Director on October 21, 2003, which certificate shall
remain valid for the period of Site Plan approval. Should the Site Plan approval
granted by this resolution expire or an extension be sought pursuant to Section
11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of
capacity shall be required.
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 Community
Development Director.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes XXX
Vice-Chairman Paula Lewis XXX
Commissioner John Bruhn XXX
Commissioner Doug Coward XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED this 21 st day of October 2003.
File No.: MJSP-03-ooå
October 21 , 2003
Resolution 03-235
Page 3
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"""
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST
APPROVED AS TO FORM
AND CORRECTNESS
Deputy Clerk
County Attorney
DJM/cs
H:/wpJprojects/Jas pelmaslagandaIR03235
File No.: MJSP-03-00å
October 21 , 2003
Resolution 03-235
Page 4
1---
.......
..,
Agenda Request
lIem Number
Date:
C-4B
Oct, 21, 2003
Consent
Regular
Public
Presentation
Leg. [
[X]
[ ]
[ ]
Quasi-JD [
To:
Submitted By:
Board of County Commissioners
Community Development
Director
SUBJECT:
Simple Success Marketing Advertising Invoices
BACKGROUND:
Simple Success Marketing has been contracted to provide advertising services for the St.
Lucie County Tourist Development Council. The attached invoices in the amount of
$9,634,22 represents costs lor the following:
$ 1,615,00
$ 8,019,22
Monthly Retainer Fee - September
Internet Advertising
Request approval for payment on the invoices lor the month 01 September 2003 in the
amount 01 $9,634,22,
On October 13, 2003, the Tourist Development Council approved payment 01 the attached
invoices for services provided,
FUNDS AVAILABLE:
Tourism Other Contractual Services Account 611-5210-534000-500
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends Board approval to pay the attached invoices,
COMMISSION ACTION:
ENCE:
~ APPROVED
o OTHER
D DENIED
Approved (4'0) Bames-Absent
ouglas M, Anderson
County Administrator
Coordination/ Signatures
County Attorney ~ ð" D S 11
Originating Depl.:
Finance:
Mgl. & Budget: --11 fJ1ý
Other:
Purchasing:
Other:
·
~
..."
COMMISSION REVIEW: October 21 , 2003
COMMUNITY DEVELOPMENT DEPARTMENT
TOURISM
MEMORANDUM
TO:
FROM:
Board of County Commissioners
Gayla Barwick, Tourism
THRU:
Dennis Murphy, Community Development Director
DATE:
October 21,2003
SUBJECT:
Simple Success Marketing Advertising Invoices
Simple Success Marketing has been contracted to provide advertising services for the St. Lucie
County Tourist Development Council. Staff is requesting approval for payment on the attached
invoices for September 2003 in the amount of $9,634,22.
If you have any questions, please let us know.
cc: County Administrator
County Attorney
',,;'SIMPLE SUCCE~\.., ~".·, (ET,~,N, G, INC.
',~646 SW Mapp Road,' ", , 05..""
PALM CITY, FLORIDA 3499d,; h,
(772) 287-2098
August 26, 2003
DATE
TO
St. Lucie County Tourism Department
ATTN: Gayla Barwick
2300 Virginia Ave.
Ft. Pierce, FL 34982
CUSTOMER ORDER NO.
SAlESPERSON
v'^
TERMS Due Upon Receipt
QUANTITY DESCRIPTION PRICE AMOUNT
Service Retainer
September 1-30, 2003
$l,GIL 00
TOTAL
2 7 :w¡
..~ - 'j
$1,615 00
THANK
/'''''''/TO~
800-225-6380 or nebt.com
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, ",,- SIMPLE suècs
"2646 SW Mapp Roà"fl,
PALM CITY, FLORIDA
(772) 287-2098
September 24,2003
I>'\TE
TO
St. Lucie County Tourism Department
ATTN: Gayla Barwick
2300 Virginiai\ve,
1'1. Pierce, FL3!J.982
CUSTOMER ORDER NO.
SALESPeRSON
VIA
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Away.ColII
September/October 20(),1
$j~L!L n
45 Character Intro with 130 \Yord count body
Plus 16 character description
Travel Deals Newsletters: Travel Pal1ners & Travel Deals,
Links from Florida Page for anything appropriate, i.e,
Beaches, Golf, etc.
TOTAL
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26;-_
THANK
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TO
St. Lucie County Tourism ~Pàrtment
ATTN: Gayla B.uwick '
2300 Virginia Ave.
Ft. Pierce, FL~4982
CUS'roMER ORDER NO.
-'j'.,:;'.'"
SAl:ESP~RSON
,., , '1.>
:, r~~\6:>:;'~:
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VIA
Golf Media Services (Q4i)
468 x 60 Banner Ad wí3-4 lines of texl nC\'lisletler
Entail Newsletter to 400.000 subscribers
September 9 and 23, 2003
.1ì 1.700 00
TOTAL
$ 1,700 00
THANK YOU
(
fi!i!!i) To Reoc<Ier:
~ornebo.com
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":'~:~
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{(-_':*~~~:(:~:_:-1-:'.:,;__ ,_,',',
TO '.~~ L~ß.!~County Tourism ÐepartJ.nent
~'~,'i{." "la, Barwick
2JÖ0W'ftia Ave.
Ft. Pi~ê,FLª~982
,',.'._.,.....,... i· ,"'-. ._~;/, :;':
September 17,2003
DATE
",,"',."
CUSlUMER ORDER NO.
__;C'"
SALEsnASON
"'.
TEAMS:
M,ic.rosoft bCentral
Banner
July, August, September
li176_ 50
TOTAL
$ 1,176 50
/ 9
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800-225 6380 or-.....
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'"
To:
Submitted By: .
...,¡
Agenda Request
Item Number
Date:
C-4C
Oct. 21, 2003
Consent
Regular
Public
Presentation
leg. [ ]
[X]
[ ]
[ ]
Quasi-JD [
p:e~d By
unity Developm nt Director
Board of County Commissioners
Community Development -
Tourism
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[i] APPROVED
D OTHER
Tourist Development Council - Agreement with Simple Success Marketing, Inc. far Advertising
Services.
On September 25, 2001, the Board selected Simple Succe3ss Marketing, Inc, to provide advertising
services for the Tourist Development Council. The initial tsnn of the agreement that ran through
September 30,2002, was for one (1) year with an option to renew two (2) one year terms.
The first amendment to the original agreement was approved by the Board on February 19. 2002, to
amend the Agreement to correct scrivener's errors in paragraph 6. pertaining to the Monthly Retainer
Fee and Rate Schedule.
The Board of County Commissioners approved the second amendment for the first one (1) year
extension on October 10, 2003. This agreement budget was approved far ninety-nine thousand
dollars and 001100 ($99,000),
The third amendment far the second (2) year extension has been approved unanimously by the
Tourist Development Council to bring before the Board of County Commissioners for approval. If
approved by the Board and based upon an established budget for advertising services, this second
year extension agreement will provide for compensation to Simple Success Marketing, Inc. including
reimbursement for ad placements, printing and special projects not to exceed eighty-four thousand
dollars and 00/100 ($84,000),
Since this will be the last renewal option for this contract, staff will go out for RFP's in May 2004.
611-5210-534000-500 Other Contractual Services
NIA
Staff along with the Tourist Development Council recommends that the Board of County
Commissioners approve the second (2) year extension on the agreement with Simple Success
Marketing, Inc. and authorize the Chail1T1an to sign the agreement upon receipt of the signed
originals from Simple Success Marketing, Inc.
Approved (4-0) Barnes,Absent
D DENIED
Coordination! Signatures
Mgt. & Budget: Yi\fi'0J
Other:
Purchasing:
Other:
County Attorney ?!w,f r¡.¿'M
Originating Dept.:
Finance:
(insert file re~
·
\0.,-
..""
COMMISSION REVIEW: October 21, 2003
COMMUNITY DEVELOPMENT DEPARTMENT
TOURISM
MEMORANDUM
TO:
FROM:
Board of County Commissioners
THRU:
Gayla Barwick, Tourism
Dennis Murphy, Community Development Director
DATE:
SUBJECT:
October 21, 2003
Agreement with Simple Success Marketing, Inc, for
Advertising Services
On September 25, 2001, the Board selected Simple Success Marketing, Inc. to provide
advertising services for the Tourist Development Council. The initial term of the agreement ran
through September 30, 2002 for one (1) year with an option to renew two (2) one year terms.
The second one-year extension ran from October 8, 2002 to September 30, 2003.
This third and final year extension, if approved, will run through September 30, 2004.
Since this will be the last renewal year option for this contract, staff will start the process of an
RFP for advertising services in May 2004.
If you have any questions, please let us know.
·
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..."
THIRD AMENDMENT TO NOVEMBER 6, 2001 AGREEMENT
THIS THIRD AMENDMENT, made this day of ,2003,
between BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, a Political
Subdivision of the State of Florida, hereinafter called the "County", and SIMPLE SUCCESS
MARKETING, INC., hereinafter called the "Consultant":
WITNESSESTH:
WHEREAS, on November 6, 2001, the parties entered into an Agreement wherein the
Consultant agreed to provide advertising and public relations services to the St. Lucie County Tourist
Development Council; and,
WHEREAS, on February 19, 2002, the parties entered into a First Amendment to the
Agreement to correct certain scrivener's errors; and,
WHEREAS, the Agreement provides for an initial term for the period October 1, 2001
through and including September 30, 2002, with an option to extend for two additional terms of one
year each; and,
WHEREAS, on October 8, 2002, the parties entered into a Second Amendment to the
Agreement to extend the term for a period of one year through and including September 30, 2003,
and to provide for a not to exceed amount of compensation for all services rendered rather than a
breakdown of costs per advertising campaign; and,
WHEREAS, the parties desire to exercise the third and final option to extend the term of the
Agreement for a period of one additional year through and including September 30, 2004,
NOW, THEREFORE, in consideration of the mutual benefits received by each party the
parties hereby agree to amend the Agreement as follows:
1. Paragraph 4. TERM of the Agreement is hereby amended to read as follows:
4. TERM
The term of this Agreement shall be for the period October 1,
2001 through and including September 30,2004.
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2, Paragraph 6. COMPENSATION of the Agreement is hereby amended to read as
follows:
6. COMPENSATION
For the period October 1, 2002 through and including
September 30, 2002, the Consultant shall be compensated for all
services as described in Exhibit "A", and rendered during the first
year of this Agreement in an amount not to exceed eighty-nine
thousand and 00/100 dollars ($89,000.00) as follows:
C. Winter Campaign - Not to exceed seventeen thousand eight
hundred and 00/100 dollars ($17,800.00).
D. Summer Campaign - Not to exceed thirty thousand and
00/100 dollars ($30,000.00).
E. Fall Campaign - Not to exceed thirteen thousand and 00/100
dollars ($ 13,000.00)
F. Additional Services (Excluding Winter, Summer and Fall
Campaigns) - Not to exceed eight thousand eight hundred
twenty and 00/100 dollars ($8,820.00).
G. Monthly Retainer Fee - One thousand six hundred fifteen and
00/100 dollars ($1,615.00) per month.
For the period October 1, 2002 through and including
September 30, 2003, the Consultant shall be compensated a total
amount not to exceed ninety-nine thousand and 00/100 dollars
($99,000,00), including a monthly retainer fee of one thousand six
hundred fifteen and 00/100 dollars ($1,615.00) per month,
For the period October I, 2003 through and including
September 30, 2004, the Consultant shall be compensated a total
amount not to exceed eighty-four thousand and 00/100 dollars
($84,000.00), including a monthly retainer fee of one 1housand six
hundred fifteen and 00/100 dollars ($1,615.00) per month.
The compensation paid to the Consultant for services rendered hereunder shall be as
authorized in individual proposals approved as provided above and shall be
calculated using the rate schedule attached hereto and incorporated herein as Exhibit
"B". The annual budget for any subsequent year of the Agreement, if extended, shall
2
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...",
be decided by the parties prior to the beginning of that fiscal year for the County
(October 1st). The Consultant shall submit detailed invoices with supporting backup
information, including media affidavits for each television and radio commercial
placed and tear sheets for each print advertisement, to the County when requesting
payment for a proposal. Such invoices include detail sufficient for pre-audit and post
audit review by the County,
3. All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized
officials as of the day and year first written above.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ATTEST:
SIMPLE SUCCESS MARKETING, INC.
BY:
SECRETARY
PRESIDENT
(SEAL)
g:\attylagreernnt\3a-simpIe,success, wpd
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Agenda Request
Ite~umber: ~
Meetlnø Date: 10/21103
Consent
Regular
Public Hearing
leg. [ I
[X]
[ ]
[ ]
Quasl-JD [
SUBJECT:
Petition of Anchor Bay, Inc., for a Major S~a Plan approval for the project to be k as
Oceen Bay Villas within the HIRD (Hutchinson Island Residential District) zoning district (File
No,: MJSP-03-o13)
irector
To:
Submitted By:
Board of County Commissioners
Community Development
BACKGROUND:
Anchor Bay, Inc" has applied for a Major Site Pian approval lor the project to be known
as Ocean Bay Villas. This project Is to be a 78-unif mu~i-family residential project
locatad on an 8.61-acre parcel of land located on the east side of State Road A-I-A,
directly in Iront of the Sand Dollar Shores Condominium,
The sUbject property is located in the HIRD (Hutchinson Island Residential District)
Zoning District. The subject property is designated with RM (Residential Medium - 9
dulacre) future land use designation, The applicant is proposing a density of 9.0
dulacre, which is consistent with the maximum permitted density within the RM
(Residential Medium) Future Land Use Map Designation.
The subject property was previously cleared, There is no significant vegetation iocated
on this site,
Attached is a copy of Draft Resolution 03-237, which, if approved, would grant this
request for Major Site Plan approval, subject to the condüions contained therein,
FUNDS AVAilABLE:
NlA
PREVIOUS ACTION:
N/A
RECOMMENDATION:
Staff recommends that the Board approve the pet~1on of Anchor Bay Ltd., for a Major Site
Plan approval for the construction of a 78 un~, mu~l-family project, to be known as Ocean
Bay Villas.
Pulled for Discussion & Separate
Vote
Approved (4-0) Barnes-Absent
RRENCE: .
COMMISSION ACTION:
[1g APPROVED
D OTHER
D DENIED
ouglas M. Anderson
County Administrator
Coordination! Signatures
Mgt. & Budget:
Fire Dept:
Utility:
Purchasing:
Public Works:
Engineering:
Other:
dJ:J
County Attorney
Finance.:
Environ. Resources;
~
"'"
TO: County Commission
....,
COMMISSION REVIEW: October 21, 2003
COMMUNITY DEVELOPMENT DEPARTMENT
Planning Division
MEMORANDUM
FROM: Community Development Director
DATE: October 14, 2003
SUBJECT: Consider Draft Resolution 03-237, approving the request of Anchor Bay, Ltd., for
a Major Site Plan approval for the project to be known as Ocean Bay Villas. (File
No,: MJSP-D3-013)
LOCATION:
EXISTING ZONING:
LAND USE DESIGNATION:
PARCEL SIZE:
PROPOSED USE:
PROJECT DENSITY:
SURROUNDING LAND USE:
SURROUNDING ZONING:
FIRE/EMS PROTECTION:
East side of South A-1-A (South Ocean Drive),
immediately in front of the Sand Dollar Shores
Condominium
HIRD (Hutchinson Island Residential District)
RM (Residential Medium - 9 dulacre)
8,61 ± Acres
78 unit, multi-family residential project
9.0 units per acre
Sand Dollar Shores Condominium to the east; Vacant
property to the north; the Ocean Bay Recreation area is to
the South; The South. Hutchinson Island WWTP facility and
SLC Fire Station #8 are to the west/southwest.
The future land use designation for the surrounding
properties is RM (Residential Medium) to the north and
east; Cpub (Conservation - Public) to the west and south
and P/F (Public facility) to the southwest
The existing zoning classifications for the surrounding
properties are: HIRD (Hutchinson Island Residential
District) to the immediate north, south, west and east and
U (Utilities) to the southwest.
Fire Station Number #8 (7583 S. Ocean Drive) is opposite
SR A-1-a from the proposed development site.
"
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October 14, 2003
Page 2
SUbject: Ocean Bay Villa.
(File No.: MJSP-03..(13)
UTILITY SERVICE:
Water services to be provided by FI. Pierce Utilities
Authority.
Sewer services to be provided by SI. Lucie County. The
site will be required to accept Re-Use Water from the
WWTP production facility.
TRANSPORTATION IMPACTS:
Right of Way
Adequacy:
State Road A-1-A (South Ocean Drive) is a 100-foot right-
of-way, No additional right-of-way is required at this time
Scheduled Area
Improvements:
None
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity
********************************************
STANDARDS FOR SITE PLAN REVIEW
Section 11,02,07, of the SI. Lucie County Land Development Code identifies the minimum
Standards of Review for all proposed Site Plans, These standards must be met in order for any
site plan approvals to be considered, Staff has reviewed the request for Major Site Plan
approval, utilizing these requirements and notes the following:
A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN
The proposed building or use is consistent with the general purpose, goals, objectives,
and standards of this Code, the SI. Lucie County Comprehensive Plan, and the Code
and Compiled Laws of St. Lucie County; and the proposed use complies with all
additional standards imposed on it by the particular provisions of this Code authorizing
such use and any other requirement of the Code and Compiled Laws of SI. Lucie
County.
The proposed Ocean Bay Villas Project is consistent with the general purpose, goals, .
objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and
the Code and Compiled Laws of St. Lucie County. A representative sample of the
Objectives and Policies that this development land is considered to consistent with
include:
Policy 1.1.1,1 of the SI. Lucie County Comprehensive Plan establishes a maximum
density for the RM (Residential Medium) land use category of 9 dwelling units per acre,
This proposed project is to be developed at a density of 9 dwelling units per acre.
""
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October 1 4, 2003
Page 2
Subject: Ocean Bay Villas
(File No.: MJSP·03-013)
Policy 1.1.5.10 of the St. Lucie County Comprehensive Plan states "...construction of
new residential development at densities greater than two units per acre shall only be
permitted when central or on-site wastewater systems are available or will be provided
concurrent with the impacts of development, consistent with the adopted levels of
service found in the plan." To address the utility needs of this development, water
service will be supplied by the Ft. Pierce Utility Authority and sewer services will be
provided by the St. Lucie County Utilities department. The applicant has provided the
required service availability letters from both St. Lucie County and the Fort Pierce Utility
Authority.
B. EFFECT ON NEARBY PROPERTIES
1. The proposed building or use will not have an undue adverse effect upon nearby
property, the character of the neighborhood, traffic conditions, parking, utility
facilities, and other matters affecting the public health, safety, and general
welfare.
The proposed Ocean Bay Villas project has been determined not to have an
undue or adverse effect upon nearby properties. The character of the area
surrounding the subject property is primarily vacant residential land with
Condominium uses to the east. The subject property is surrounded by the
following land use and zoning districts.
Propertv Use Land UseJZonina Deslanatlon
North Sand Dollar North! vacant RM (Residential Medium - 9 dlÚacre)! HIRD
(Hutchinson Island Residential District)
South Vacant property Cpub (Conservation - Public)! HIRD Hutchinson
Island Residential District)
Sand Dollar Shores RM (Residential Medium - 9 dlÚacre) ! HIRD
East Condominium and Sand Dollar
Villas Hutchinson Island Residential Distri,ct)
West Vacant property Cpub (Conservation - Public) and PIF (Public
Facilities) IU (Utilities) and I (institutional)
The Developers of the Ocean Bay Villas project have submitted a traffic imp~ct
statement assessing the impacts of the project. At this time, there is projected to
be sufficient capacity on State Road A-1-AI South Ocean Drive to support the
proposed subdivision. State Road A-1-AI South Ocean Drive within this area is a
2-lane, undivided roadway. The travel lanes are 12 feet in width and the
roadway facility has 100 feet of right-of-way width. The applicant's traffic
analysis report indicates that 70% of the project trips will be southbound on State
Road A-1-AI South Ocean Drive, with the remaining 30% of the project trips
going northbound, towards Ft. Pierce. The total trips to be generated by this
project are as foliows:
""
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October 14, 2003
Page 2
Subject: Ocean Bay Villas
(File No.: MJSP-OO-Q13)
Units Total Trip Splits LOS! LOS!
Trips pre post
north south
30% 70%
82 550 165 385
-
South A-I-AI South Ocean Drive Existing Post development
Volumes Volumes with trip splits
MDT 6600 6765 6985 A A
This development is not expected to cause any of the existing transportation links
in this area to fall below an acceptable minimum Level of Service.
The project proposes one access point onto State Road A-1-A/ South Ocean
Drive. The proposed project provides for both north and southbound turn lanes
into the project. The project proposes one emergency access located on the
southern property line accessing onto the entrance road to the Sand Dollar
Shores Condominium.
Fort Pierce Utilities Authority will be providing water service to the proposed
project. St. Lucie County Utilities Department will be servicing the proposed
project with sewer. The applicant has provided verification from these entities
that sufficient capacity is available to support the proposed residential
development.
2. All reasonable steps have been taken to minimize any adverse effect of the
proposed buiiding or use on the immediate vicinity through building design, site
design, landscaping, and screening.
The applicant has designed the project in a manner as to minimize any impacts
on the surrounding area. The project will front onto State Road A-f-A and will
have a 5' opaque fence surrounding the site. The site was previously cleared.
There is no native vegetation located on this site.
The adjacent properties to the north and south will be buffered from the proposed
development through a native landscape vegetation buffer and a 5' opaque
fence.
3. The proposed building or use will be constructed, arranged, and operated so as
not to interfere with the development and use of neighboring property, in
accordance with applicable district regulations.
The design of the proposed project has been determined not to interfere with the
development or use of neighboring properties. There are other residentially
zoned properties lying to the east and north: to the south of the subject property
""
-...tI
October 14, 2003
Page 2
Subject: Ocean Bay VIII..
(File No.: MJSP-D3-o13)
is the Ocean Bay recreation area (owned by St. Lucie County); to the west are
vacant lands, the South Hutchinson Island WWTP facility and SLC Fire Station
#8. This multi-family development project is being developed at an overall project
density of 9.0 du/ac.
The developer is proposing a single point entry access into the proposed project
from the project onto State Road A-1-AI South Ocean Drive.
Overall, the proposed subdivision will be consistent with the existing
development pattern that has occurred in this area.
C. ADEQUACY OF PUBLIC FACILITIES
The proposed building or use complies with the standards of Chapter V; Adequate
Public Facilities.
The Developers of the Ocean Bay Villas project have submitted a traffic impact report
assessing the impacts of this project. This development is not expected to cause any of
the existing transportation links in this area to fall below an acceptable minimum Level of
Service.
The proposed Ocean Bay Villas project will be serviced water by Fort Pierce Utility
Authority and sewer by SI. Lucie County Utilities. The applicant has submitted a letter of
intent from both of these entities indicating that sufficient capacity for both water and
sewer is available to support the proposed 78-unit multi-family project.
The subject property is located on South Hutchinson Island. The subject property was
the recipient of a prior site plan approval in the early 1980's, and the units found thereon
were considered as part of all of the background traffic used in the development of the
Hutchinson Island Residential Zoning District. Accordingly, and since the development
of this site is less than that what was originally proposed, this site is not subject to the
payment of the Alternate Development Fees, described in Section 3.01.03(AA) of the
County's Land Development Code. This site is subject to all current impact fees
assessments as may be amended by the Board of County Commissioners.
D. ADEQUACY OF FIRE PROTECTION
The applicant has obtained from the St. Lucie County Fire District written confirmation
that the proposed site plan conceptually meets the minimum access and water supply
requirements for fire protection services at this facility.
The applicant has obtained written confirmation from the St. Lucie County Fire District
that the proposed plan meets the minimum access and water supply requirements for
fire protection services at this facility. The applicant has demonstrated by substantial
credible evidence, that water supply, evacuation facilities, and emergency access are
satisfactory to provide adequate fire protection needs.
"'"
...,
October 14, 2003
Page 2
Subject: Ocean Bay Villas
(File No,: MJSP-oo-o13)
E. ADEQUACY OF SCHOOL FACILITIES
The proposed building or use will be served by adequate school facilities.
The Ocean Bay Villas project will be served by adequate school facilities. A 78 unit
single-family subdivision is expected to generate 27 (.34 students per unit) new
students.
The Ocean Bay Villas project is located in School Choice Zone 3. Student assignments
from this community will be made consistent with applicable St. Lucie County Board of
Education standards and regulations. The Ocean Bay Villas project will be subject to the
County's Educational Impact Fee Ordinance.
F. ENVIRONMENTAL IMPACT
For developments required to provide an environmental impact report under Section
11.02.09(A)(5), the proposed development will not contravene any applicable provision
of the St. Lucie County Comprehensive Plan, or of Chapter V//J, "Natural Environment
Analysis'; of the Sf. Lucie County Barrier Island Study Analysis of Growth Management
Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982).
The proposed Ocean Bay Villas site occupies approximately 8.61 acres of land and
contains no areas of environmentally sensitive land. The developers of this project have
requested a waiver to the environmental impact study for this site. This site was
previously cleared and Brazilian pepper has taken over the site. The applicant's applied
for and received a permit for the removal of exotics from the site. After this clearing was
completed, it was determined that there is no native vegetation on the site.
****.********************************
COMMENTS
Anchor Bay, Ltd., has applied for Major Site Plan approval for the project to be known as Ocean
Bay Villas. This project is to be a 78-unit multi-family residential development, located on an
8.61-acre parcel of land, aiong the east side of South A-1-A (South Ocean Drive), immediately
in front of the Sand Dollar Shores Condominium and Villas.
The subject property is located in the HIRD (Hutchinson Island Residential District) Zoning
District. The subject property is located in the RM (Residential Medium) Future Land Use
category as identified in the St. Lucie County Comprehensive Plan.
The applicant is proposing a specific development density of 9.0 du/acre, which is permitted
under the RM (Residential Medium) Future Land Use Designation.
'-"
..."
October 14, 2003
Page 2
Subject: Ocean Bay Villas
(File No,; MJSP-oo-o13)
County staff has reviewed the submitted site plan and determined that it satisfies the minimum
requirements of the County's Comprehensive Plan and Land Development Code, if subject to
the following conditions.
Attached is a copy of Draft Resolution 03-237, which, if approved, would grant this request for
Major Site Plan approval, subject to the following conditions:
1. The applicant shall be required to correct any damages to the existing sidewalk/recreation path along
SR A-l-A (knawn as Indion River Lagoon Trace) resulting from improvements to the proposed project
site. All driveways connection onto SR A-l-A shall be designed in manner consistent with other
driveways connection olong the length of the Indian River l.tJgoon Trace.
2. The proposed perimeter wall located along State Road A-l-A from the narthern property line to the
project entrance shall be limited to a maximum of six (6) feet in height, may be located na closer than
10 feet to the east right-of-way line of State Road A-l-A subject to maintaining adeqlK1te site
triangles and vision fields at the intersection of the project and State Road A-I-A.
3. Right and left turn lanes along SR A-l-A shall be constructed at the primary project access driveways.
All construction shall be in manner and form acceptable to the Florida department of transportation
and St. Lucie County. These turn lanes shall be constructed as part of the primary driveway
connection onto SR A·l·A, and shall be completed prior to the isslK1nce of the first certificate of
occuponcy for any unit within this proposed development.
4. The developer shall as port of the construction of this development provide for the construction of a
weather shelter, or other slm¡Jor structure at the main project entrance with SR A-l-A far the
purpose of providing for a central pick-up and drop off location for any school bus stops/demand
response transit or other like transit activity that may be caused by the development of this
property.
5. At all gated controlled access pOints, the developers shall be reasonable to ensure that all required
emergency override devices are provided to the satisfaction of the St. Lucie County Sheriffs
Department and the St. Lucie County Fire District.
Staff recommends approval of Draft Resolution 03-237.
If you have any questions, please let us know.
Director
DJMlcs
H:/wpIprojectsloCEANBA Y/AGENDAIOCEANBA V.merno.doc
cc: County Administrator
County Anomey
Public Works Director
County Engineer
Fire Marshall
Terry Virta, Terry Virta & Associates, Inc.
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RESOLUTION 03-237
FILE NO.: MJSP-03-o07
A RESOLUTION GRANTING MAJOR SITE PLAN
APPROVAL FOR THE PROJECT TO BE KNOWN
AS OCEAN BAY VILLAS IN THE HIRD
(HUTCHINSON ISLAND RESIDENTIAL
DISTRICT) ZONING DISTRICT FOR PROPERTY
LOCATED IN ST. LUCIE COUNTY, FLORIDA.
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the
testimony and evidence, including but not limited to the staff report, has made the following
determinations:
1. Anchor Bav, Ltd. presented a petition for Major Site Plan Approval to allow a 78-unit
multi-family residential development to be known as Ocean Bay Villas on 8.61 acres
of land on the east side of State Road A-1-A, immediately in front of the Sand Dollar
Shores Condominium and Villas, in the HIRD (Hutchinson Island Residential District)
Zoning District for the property described in Part B below.
2. The Development Review Committee has reviewed the site plan for the proposed
project and found it to meet all technical requirements and to be consistent with the
future land use maps of the St. Lucie County Comprehensive Plan, subject to certain
conditions set forth in Part A.
3. The proposed project is consistent with the general purpose, goals, objectives and
standards of the St. Lucie County Land Development Code, the St. Lucie County
Comprehensive Plan and the Code of Ordinances of St. Lucie County.
4. With the conditions imposed pursuant to this Resolution, the proposed project will not
have an undue adverse effect on adjacent property, the character of the neighborhood,
traffic conditions, parking, utility facilities, or other matters affecting the public health,
safety and general welfare.
5. All reasonable steps have been taken to minimize any adverse effect on the proposed
project on the immediate vicinity through building design, site design including upland
and wetland buffers, landscaping and screening.
6. With the conditions imposed in Part A of this Resolution, the proposed project will be
constructed, arranged and operated so as not to interfere with the development and
use of neighboring property, in accordance with applicable district regulations.
7. Fort Pierce Utility Authority will be servicing water to the proposed project and St. Lucie
County Utilities will provide sewer service to the proposed project.
File No.: MJSP-03·013
October 21, 2003
Resolution 03·237
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8. The applicant has demonstrated that water supply, evacuation facilities and emergency
access are satisfactory to provide adequate fire protection.
9. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by
the Community Development Director on October 21, 2003.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie
County, Florida:
A. Pursuant to Section 11.02.05 of the SI. Lucie County Land Development Code, the site
plan for the project to be known as Ocean Bay Víllas, is hereby approved as depicted
on the site plan drawings for the project prepared by Thomas Lucido & Associates,
dated 8/19/03, last revised 10/01/03, and date stamped received by the SI. Lucie County
Community Development Director on 10/1/03, for the property described in Section B,
subject to the following conditions:
1. The applicant shall be required to correct any damages to the existing
sidewalk/recreation path along SR A-I-A (known as Indian River Lagoon Trace)
resulting from improvements to the proposed project site. All driveways
connection onto SR A-I-A shall be designed in maMer consistent with other
driveways cOMection along the length of the Indian River Lagoon Trace.
2. The proposed perimeter wall located along State Road A-I-A from the northern
property line to the project entrance shall be limited to a mClXimum of six (6) feet
in height, may be located no closer than 10 feet to the east right-of-way line of
State Road A-I-A subject to maintaining adequate site triangles and vision fields
at the intersection of the project and State Road A-I-A.
3. Right and left turn lanes along SR A-I-A shall be constructed at the primary
project access driveways. All cOllstruction sholl be in manner and form acceptable
to the Florida department of transportation and St. Lucie County. These turn
lanes shall be constructed as part of the primary driveway connection onto SR A-
I-A, and shall be completed prior to the issuance of the first certificate of
occupancy for any unit within this proposed development.
4. The developer shall as port of the construction of this development provide for
the construction of a weather shelter, or other similar structure at the main
project entrance with SR A-I-A for the purpose of providing for a central pick-up
and drop off location for any school bus stops/demand response transit or other
like transit activity that may be caused by the development of this property.
5. At all gated controlled access points, the developers shall be reasOllable to ensure
that all required emergency override devices are provided to the satisfaction of
the St. Lucie County Sheriff's Deportment and the St. Lucie County Fire District.
B. The property on which this Major Site Plan approval is being granted is described as
follows:
File No.: MJSP-03-013
October 21,2003
Rasoluti"" 03·237
pege 2
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DESCRIPTION
Being all of that land lying In Section 22, Township 36 South, Range 41 East, SI. Lucie
County, Florida, bounded as follows:
On the west by the east right-of-way line of State Road A-1-A; on the north by a line parallel
with and 8,546.20 feet northerly of (as measured at right angles) the south line of Section 27,
Township 36 South, Range 41 East; on the east by the waters of the Atlantic Ocean; and on
the South by a line parallel with and 7,295.02 feet northerly of (as measured at right angles)
the south line of said Section 27.
LESS THE FOLLOWING:
All of Sand Dollar Villas Condominium "A", as recorded in ORB 324, Pages 1952-2021, of the
Public Records of St, Lucie County, Florida; all of Sand Dollar Villas Condominium "B", as
recorded In ORB 327, Pages 2576-2643, of the public records of 5t, Lucie County, Florida; all
of Sand Doliar Villas Condominium "C", as recorded in ORB 332, Pages 1133-1198, of the
Public Records of St. Lucie County; all of Sand Dollar Villas Condominium "D", as recorded
in ORB 332, Pages 1436-1502, of the Public Records of SI. Lucie County, Florida; all of Sand
Dollar Villas Condominium "E", as recorded In ORB 348, Pages 1585-1653, of the Public
Records of SI. Lucie County, Florida;
ALSO LESS THE FOLLOWING:
All of Parcels 4, 5, 6 and 7, as recorded In ORB 332, Pages 1180 - 1183, of the Public
Records of SI. Lucie County, Florida.
ALSO LESS THE FOLLOWING:
All of that Parcel of land described by SI. Lucie County Property Appraiser as property ID
number 3522-231-OO01-()80I3,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Parcel "A"
Commence at the intersection of the said East right-of-way line of State Road A-1-A and a
line parallel with and 7,295.02 feet northerly of (as measured at right angles) the South line
of said Section 27; thence north 24·32'00" West, along said east right-of-way lien a distance
of 76.91 feet to the Point of Beginning of the following described parcel:
Thence continue north 24·32'00' West, along the said East right-of-way lien, a distance of
426.09 feet, to the south line of aforesaid Parcel 5; thence along the south and west
boundaries of said Parcel 5 by the following courses and distances;
Thence continue North 24·32'00" West, along the said East right-of-way line, a distance of 426,09
feet, to the South line of aforesaid Parcel 5; thence along the South and West boundaries of said
Parcel 5 by the following courses and distances; Thence North 65·28'00' East a distance of 300.00
feet; thence North 24·32'00' West a distance of 80.00 feet; thence departing said boundary North
65·28'00" East a distance of 75,09 feet to the Westerly boundary of afore said SAND DOLLAR
VILLAS CONDOMiNIUM "CO; thence aiong the Westerly boundaries of aforesaid SAND DOLLAR
VILLAS CONDOMINIUMS 'C', 'B', and 'N, by the following courses and distances; thence South
24·32'00" East a distance of 84.85 feet; thence South 65·28'00' West a distance of 70,00 feet:
thence South 24·32'00' East a distance of 637.06 feet to the intersection with a line parallel with
and 7,295,02 feet Northerly of (as measured at right angles) the South line of said Section 27;
thence South 89·56'46' West along said line, a distance of 5.49 feet; thence North 24·32'00" West
a distance of 76,91 feet to the intersection with the North line of aforesaid Parcel 6 ; thence South
89·56'46" West along said North line a distance of 329.73 feet to the POiNT OF BEGINNING,
File No,: MJSP-03'013
October 21, 2003
Resolution 03-231
Page 3
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"'"
....,
TOGETHERWITH THE FOLLOWING:
PARCEL "B"
Commence at the intersection at the said East right-of-way line of State Road A-I-A and a line
parallel with and 7,295.02 feet Northerly of (as measured at right angles) the South line of said
Section 27; thence North 24"32'00' West, along said East right-of-way line a distance of 583,00
feet to the POINT OF BEGINNING of the following described parcel; Thence continue North
24"32'00" West, along the said East right-of-way line, a distance of 725,83 feet, to the South line of
aforesaid Parcel 4; thence along the South and West boundaries of said Parcel 4 by the following
courses and distances; thence North 89"56'46" East a distance of 406.66 feet; thence North
24"32'00" West a distance of 65.93 feet to the intersection with a line parallel with and 8,546,20
feet Northerly of (as measured at right angles) the South line of said Section 27; thence North
89"56'46' East along said line a distance of 5.50 feet to the Westerly boundary of aforesaid SAND
DOLLAR VILLAS CONDOMINtUM "C'; thence South 24"32'00' East along said Westerly boundary
a distance of 450.97 feet: thence South 65"28'00' West a distance of 139,93 feet; thence South
24"32'00" East a distance of 170.00 feet; thence South 65"28'00' West a distance of 235,18 feet to
the POINT OF BEGINNING,
TOGETHER WITH THE FOLLOWING:
PARCEL "C"
Commence at the intersection of the East right-of-way line of State Road A-1-A and a line parallel
with and 7,295.02 feet Northerly of (as measured at right angles) the South Line of said Section 27,
Township 36 South, Range 41 East; thence North 89"56'46' East, parallel with the said South line
of Section 27, a distance of 485.10 feet to the Southeast corner of SAND DOLLAR VILLAS
CONDOMiNIUM 'A', as recorded in O,R. Book 324, Pages 1952-2021, Public Records of St. Lucie
County, Florida and the POINT OF BEGINNING of the following described parcel:
Thence continue North 89"56'46' East a distance of 86.21 feet to the point of intersection with the
Coastal Construction Control Line as recorded in Plat Book 19, Page 8, of the Public Records of St.
Lucie County, Florida; thence North 18"18'36' West, along said Coastal Construction Control Line
a distance of 85.39 feet to the Southerly boundary of said SAND DOLLAR VILLAS
COMDOMINIUM 'A'; thence along said Southerly boundary by the following courses and
distances;
Thence South 65"28'00' West a distance of 87,72 feet; thence S 24"32'00" E a distance of 49,16
feet, to the POINT OF BEGINNING.
TOGETHER WITH THE FOLLOWING:
PARCEL "0"
Commence at the intersection of the East right-of-way line of State Road A-1-A and a line parallel
with and 7,295,02 feet Northerly of (as measured at right angles) the South line of Section 27,
Township 36 South, Range 41 East; thence North 89"56'46' East, parallel to the said South line of
Section 27, a distance of 571.31 feet; to the point of intersection with the Coastal Construction
Control Line as recorded in Plat Book 19, Page 8, Public Records of St. Lucie County, Florida;
thence North 18"18'36' West, along said Coastal Construction Control Line a distance of 328.63
feet; thence, continuing along said Coastal Construction Control Line, North 20"29'43' West a
distance of 454.32 feet to the Northeast Comer of SAND DOLLAR VILLAS CONDOMINIUM 'C', as
recorded in O,R. Book 332, Pages 1133-1198, Public Records of SI. Lucie County, Florida, to the
POINT OF BEGINNING of the following described parcel;
Thence continue North 20"29'43' West, along said Coastal Construction Control Line, a distance of
80.11 feet, to the intersection with the South boundary of SAND DOLLAR VILLAS CONDOMINIUM
'0', as recorded in O,R, Book 332, Pages 1436-1502, Public Records of SI. Lucie County, Florida;
thence along said South line by the following courses and distances;
File No,: MJSP-Q3-013
October 21, 2003
Resolution 03-237
Page 4
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"""
...,
Thence South 65°28'00" West a distance of 81.05 feet; thence South 24°32' 00" East a distance of
30,00 feet; thence South 35°00'04" West a distance of 23,20 feet; thence South 24°32'00" East a
distance of 38,24 feet to the intersection with the North line of said SAND DOLLAR VILLAS
CONDOMINiUM "CO; thence North 65°28' 00" East along said North line a distance of 95.49 feet to
the POINT OF BEGINNING,
TOGETHER WITH THE FOLLOWING:
PARCEL "E"
Commence at the intersection of the East right-ol-way line of State Road A-1-A and a line parallel
with and 7,295.02 feet Northerly of, as measured at right angles, the South line of Section 27,
Township 36 South, Range 41 East; thence North 89°56'46" East, parallel to the said South line of
Section 27, a distance of 412.16 feet; thence North 24°32'00" West a distance of 1374.76 feet, to
the intersection with a line 8546,20 feet north of, as measured at right angles, the said south line of
Section 27; thence North 89°56'46" East, along lastly said line, a distance of 148.38 feet to the
Northeast corner of SAND DOLLAR VILLAS CONDOMINIUM "E", as recorded in O.R. Book 348,
Pages 1585-1653, Public Records of 51. Lucie County, Florida, and the POINT OF BEGINNING of
foliowing described parcel:
Thence continue North 89°56'46" East a distance of 127,01 feet to the intersection the with the
Coastal Construction Control Line, as recorded in Plat Book 19, page 8, Public Records of St. Lucie
County, Florida: thence South 21"21'32" West, along said Coastal Construction Control Line, a
distance of 23,89 feet; thence continue along the said Coastal Construction Control Line, South
20°29'43" East a distance of 33,03 feet to the Intersection with the North boundary of said SAND
DOLLAR VILLAS CONDOMINIUM "E"; thence along said North boundary by the following courses
and distances:
Thence South 65°28'00" West a distance of 112,01 feet; thence North 24°32'00" West a distance of
109.46 feet to the POINT OF BEGINNING.
Containing 9,12 acres, more or less,
(Location:
East side 01 South State Road A-1-A, Immediately In front 01 the Sand Dollar Shores
Condominium and Villas)
The approvals and authorizations granted by this Resolution are for the purpose of
obtaining future site plan/building permit approvals and shall expire on October 21,
2005, uniess the developer has obtained a building permit or a site plan approval
extension is granted in accordance with Section 11.02.06, St. Lucie County Land
Development Code, All requests for site plan extension shall be accompanied by a
request for a new certificate of capacity for the property and project described in this
Order,
The Major Site Plan approval granted under this Resolution is specifically
conditioned to the requirement that the petitioner, Anchor Bay, Ltd., including any
successors in interest, shall obtain all necessary development permits and
construction authorizations form . the appropriate State and Federal regulatory
authorities, including but not limited to: the United States Army Corp of Engineers,
the Florida Department of Environmental Protection, and the South Florida Water
Management District, prior to the issuance of any local building permits of
authorizations to commence development activities on the property described in
Part B.
File No,: MJSP-03-013
October 21, 2003
ResolU1ion 03-237
Page 5
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E. A Certificate of Capacity, a copy of which is attached to this resolution, was
granted by the Community Development Director on October 21, 2003, which
certificate shall remain valid for the period of Site Plan approval. Should the Site
Plan approval granted by this resolution expire or an extension be sought pursuant
to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new
certificate of capacity shall be required,
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 Community
Development Director.
After motion and second, the vote on this resolution was as follows:
Chairman Cliff Barnes XXX
Vice-Chairman Paula Lewis XXX
Commissioner John Bruhn XXX
Commissioner Doug Coward XXX
Commissioner Frannie Hutchinson XXX
PASSED AND DULY ADOPTED this 21s1 day of October 2003.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
Chairman
ATTEST
APPROVED AS TO FORM
AND CORRECTNESS
Deputy Clerk
County Attorney
File No,: MJSP-D3-013
October 21, 2003
ResolutiOl'1 03-237
Page 6
L -
"""
AGENDA REQUEST
-'
ITEM NO. c-5
DATE: OCT. 21, 2003
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT[X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY: ROGER A. SHINN
DIRECTOR
SUBMITTED BY(DEPT): CENTRAL SERVICES
SUBJECT: REALLOCATION OF FUNDS: Equipment Req. #EQ04-209
Budget Amendment #04-105
BACKGROUND: Currently, the ice machine at Central Services is in need of replacement. General
Funds budgeted FY 03/04 in Building Maintenance in the amount of $600.00 are available to use
towards the purchase of this ice machine: cost: $2,376,00 (please see attached). Equipment
purchased through General Funds budgeted FY 03/04 in Machinery & Equipment came in lower
than anticipated and funds in the amount of $1,776.00 are available to use toward the ice
machine. Staff is requesting permission to reallocate these available funds in Building
Maintenance, through a line to line transfer in the amount of $600.00, to combine with available
funds in Machinery & Equipment in the amount of $1,776.00 for a total of $2,376.00 and approve
Equipment Request #EQ04-209 & Budget Amendment #04-105.
FUNDS AVAIL:
001-1930-546100-100 (Building Maintenance)
001-1930-564000-100 (Machinery & Equipment)
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends the Board of Co unty Commissioners approve Equipment
Request# EQ04-209 and Budget Amendment #04-1 05, reallocate available General Funds, through
a line to line transfer in the amount of $600.00, to combine with funds available in the amount of
$1,776,00 in Machinery & Equipment, and allow staff to purchase an ice machine at a cost of
$2,376,00 for Central Services Department.
MISSION ACTION:
[1f APPROVED [] DENIED
[ ] OTHER:
Approved (4-0) Bames'Absen\
CE:
County Attorney:
~.
~,
Mgt. & Budge
Dou nderson
County Administrator
Purchasing Mgr,: d/'
Originating Dept:
Other:
Other:
Finance: (Check for Copy only, if Applicable)
EIf,1/97
H,\Agenda\Agenda-Ice Machine.wpd
·
BUDGET AMENDMENT REQUEST FORM
'.I
REQUESTING DEPARTMENT: Central Services - General Maintenance
PREPARED DATE:
AGENDA DATE:
10/10/03
10/21/03
TO: 001-1930-564000-100
$600
FROM: 001-1930-546100-100
Buildin Maintenance
$600
REASON FOR BUDGET AMENDMENT:
CONTINGENCY BALANCE:
THIS AMENDMENT:
REMAINING BALANCE:
N/A
DEPARTMENT APPROVAl:
OMB APPROVAl:
BUDGET AMENDMENT #:
DOCUMENT # & INPUT BY:
(iadnuv-
BA04-105
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QUOTATION
.0 T-E Trooiç ExDOrt
1SJ NE 119'''$1.
M;aml. FL 33162
l305J 652·711 7
tðJl (305)662-0369
o T-' Mi~ North
151 NE H9"St
Utami. Fl 33' ~
tJ(5) 652·7717
Fax (305) 662-0369
o T·J Miami South
10776,1\ SW 190'·51.
Miami. Fl33157
(3C5} 256-0438
Fax (305) 255-1365
o T.5 West Palm Beach
1880 Old OkMCl'1cOee Rd.
We$! Palm Beach, FL 33409
(561) 6&4·3997
F..(561)~
~FortPklrC8
903 ScMh MaRet:Aw:.
FOO Pierce. FL 34982
(.561)465-4707
Fax [561) 465-3327
o T.2 Ft laud. North
432\ ~1Z~Téfl.
Ft. LauOerdaIe. Fl 3333-1
(954) 565--<4003
Fax (954) 565-4827
o T.... FI. Llud South
3200 SE 6'~ /IIltIe.
Ft laudørdall. Fl JJ31ô
(954) 522'·2B74
Fax (954) 523--3924
p.l
CENERAL OFFICES
& DISTRIBUTION CENTER
¡ 5l NE 179'" Sllt:t;l
Mi,ltui. FL 3316!
(3US) 652-nl"!
Fox (J05) 6j2-0369
o T.7 Mid rihmi
3T70 NW2," SI.
Miami, Fl33142
(305)838,9670
Fax (305) 633--2041
o T..g Dølnv Beac.h
1ð75SW4"AV8., 5ay C<I
Defray Beach, Fl 33444
(581)279-2710
FiIJ((56') 279-2559
o T -11 C.oø Coni
'1;¿1 ~E 12U, PI, Utili; 0
Cape Corai. Fl 33990
(9-41)458-3303
Fa.:r (941) 45ß..0764
o T·12PortCh.rlott.
16480Paldsoo Dr. 66
Port Charlotte. Fl 3395"
(941) 255·83)0
fa), (941) 255-8338
TO: &/7>"./1 {;b../'t (' ~ 11?
Attrntion:
Phone:
Fax: l/ (0:;1 -I Vt/ V
,
o T-I Fort Mvers
6450 An; Way
Fort Myen, Fl 33912
(041)278-1117
Fax (94' 1278-5956
n T·10NaDMs
4325 Domestic Ave
Naples. FL 34104
(941) 643-7118
Fax (941} ~3-6661
F.O,S Point
UNIT PRICE
,
,~-
,
,
By
Date:
/6/7/0 '3
Delivery
Terms
Remarks
QTY.
DESCRIPTION
EXTENSION
()
=+
PnCQ!õ !õ1Jbje>d 10 change witnou! f\QCÎçø ;¡¡nd will be billed ~ prices In
el'!ect al1ime of st1ipment unleu by wfitten agreemeo~(~e. The
above priceS 31'1(1 COf'.d~OO$ are rwm fO( ~ perod of days.
55'" IJ (]
1
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FNC
1930 Hughes Supply Inc: RS\i ,1
1930 Hughes SuppJylnc ENe
1930 R2450085 Kimberlee Gagnon RSV
1930 R2450083 Kimberlee Gagnon RS\i
1930 L2400001 Fiscal Year 2004 Budget ORD
,.,..
AGENDA REOUEST
..",
ITEM NO. C-.
DATE: October 21, 2003
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): Administration
Doug Anderson
County Administrator
SUBJECT: Art In Public Places Committee Appointment
BACKGROUND: Commissioner Coward has requested that Bill Ward serve as his appointee on the
Art in Public Places Committee, as a replacement for Jon Ward who is no longer
eligible to serve as a committee member,
FUNDS AVAILABLE: N/A
PREVIOUS ACTION:
RECOMMENDATION:
Staff recommends that the Board ratify Commissioner Coward's
appointment of Bill Ward to the Art in Public Places Committee, replacing
Jon Ward, who is no longer eiigible to serve as a committee member,
COMMISSION ACTION:
[X¡ APPROVED [ ] DENIED
[ ] OTHER:
las Anderson
County Administrator
Approved (4-0) Barnes-Absent
Review and Accrovals
County Attorney:
Management & Budget
Purchasing:
Originating Dept.
Other:
Other:
Finance: (Check for Copy only, if applicable)
Eff. 5/96
·
,
"'"
.."
BOARD OF COUNTY COMMISSIONERS
MEMORANDUM
Commissioner Doug Coward
TO:
Doug Anderson, County Administrator
Doug cow~ounty Commissioner, District 2
J,ff) 1/'~ f/
I p I I~~ rf'
/ '/'
/),(1":' J jJ' ()
?! ~ ~l
FROM:
DATE:
October 13, 2003
SUBJ:
ITEM FOR THE CONSENT AGENDA FOR OCTOBER 21,2003
Please place an item on the consent agenda for October 21 st, 2003, to have Bill Ward as my new
appointee on the Art In Public Places Committee,
Thank you,
Cc: Diane Turner, Assistant to the County Administrator
-il
¡J) r[~(ô? :~:2 [I \.'// :
I~I'
j'l_OCT 1 3 fnn') -' I
CO. ADMIN. OFFICE I
Page 1 of 1
~
...
..,
Charline Burgess - Re: Art in Public places replacement
1 :
::
::
From:
To:
Date:
Subject:
Jon Ward
Burgess, Charline
10/13/034:09:PM
Re: Art in Public places
"",..,,,,,m...'"'''·.'''''''''''''''''''''''''''''''''''''''''''''''''''''''''''""."."'...",....."...,,,,,,....,,,.,,...,,,...."'...,...,,,.,,,,,,,,,,,..,,.,,",,...,"'"'''''''''''''''''''''-'''''''''''''''''''''''''''''''.'''.'''''''''''''''"'.-".-'''....'''''''''.....
Hi, Charline;
He will be replacing me on the Art in Public Places committee, now that I am staff, The replacement is Bill Ward
(no relation), 1300 Scott St" Ft, Pierce 34982 and his phone is 595-6419, thanks,
Jon W,
>>> Charline Burgess 10j13/03 03:07PM »>
Jon,
If you'll give me the person's name, address and telephone number, and who they are replacing, I'll do a memo to
Doug A, asking that it be put on the BOee agenda, Will the 21st be o,k" I'd hate to put it on at this late date?
eB
file://C:\ Temp\GW} 0000 l,HTM
10/13/03
,..... ~
,,-
""
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""""
Architectural, Engineering, Plarming an; Environmental Sef\'läs
R.eynol~s, Smith and Hills, Ine,
10148 Deerwood Park Boulevard Sou¡~.
Jacksonville. Florida 32256-059ì
904·256,2500
Fax: 9040256·2501
\?< \ r:1 ~I~ì ~'/ \\
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;:~ Ce:t ',JS A¡:',COO~ S~5' ES~OC5E2J'lWJO)2'~
Douglas M, Anderson
....¡.,' County Ad m in istrator
St Lucie County; Florida
2}00 Virginia A venue
Fort Pierce, FI 34982
September 12,2003
/
,
\
Re: Proposal for Structurai Engineering Analysis
St. Lucie County Parking Garage Expansion Project
Dear Mr. Anderson: '
Thank you for the opportunity to submit this Lump Sum,proposal for the Engineering Analysis of
the St. Lucie County Parking Garage Expansion Project. The Engineering Analysis will
determine the feasibility of expanding the existing three story parking garage three additional
stories, In an effort t(t qualify our Lump Sum proposal, the following scope of services is
submitted, These services are considered minimum in an eff0l1 to professionally determine "if
the parking garage structure is indeed expandable",
Many of these services are typical of "preliminary design" services, Therefore, if the garage is
expandable and if RS&H were to be awarded the overall design project, these services would not
have to be repeated, In this scenario it\\'ould result in a net savings to you the client.
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SCOPE OF SERVICES:
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Assessment of exiting structural conditions
Review "existing" geotechnical rep0l1
Consuit with original geotechnical engineer
Analyze existing three story structure for structural capacities "as is"
Analyze existing three story structure with two new proposed stories
Analyze existing three story structure with three new proposed stories
Assessment of existing structure for ADA compliance
Assessment of existing structure for 2001 Florida Building Code
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Douglas M, Anderson
20f2
9/1 2/03
Reynolds, Smith and Hiils, Inc, is pleased to submit this Lump Sum proposal for $7,500,00, If
this proposal is acceptable to you, please contact me to arrange a time and date for our project site
visit with your staff.
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Walter ,Rountr e
Senior Program Manager
Transportatio nl! n frastructu re
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c: Jo Gomez, P,E,
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