HomeMy WebLinkAboutAgenda Packet 04-03-01
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BOARD OF COUNlY COMMISSIONERS
ADDITIONS AGENDA
April 3. 2001
CONSENT AGENDA
COMMUNITY SERVICES
C-A.l HB 1756 and SB2000 - Consider staff recommendation to authorize the
Chairman to send a letter to the St. Lucie County Legislative Delegation
opposing the increase in county Medicaid match for hospital inpatient services.
NOTICE: All Proceedings before this Board are electronically recorded. MY person who decides to appeal any action taken by the Board
at these meetings wiU need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the
proceedings is made. Upon the request of any party to the proceedings. indMduals testifying during a hearing will be sworn in. Any
party to the proceedings will be granted the opportunity to cross-examine any Individual testifying during a hearing upon request.
Anyone with a disability requiring accommodation to attend this meeting should contact the Sl Lucie County Community SeMces
Manager at (561) 462-1777 or roD (561) 462-1428 at least forty-elght(48) hours prior to the meeting.
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AGENDA REOUEST
GM
ITEM NO. Additions
DATE: April 3, 2001
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY (DEPT) :Community Services
PRESENTED BY:
. Beth Ryder, Director~
SUBJECT: Authorize the Chair to send a letter to the Legislative Delegation
in opposition to HB1756 and SB2000 which proposes to increase the County
Medicaid match for hospital inpatient services.
BACKGROUND: Counties pay 35% of hospital inpatient services for the 13th
through the 45th day for eligible Medicaid participants. The Senate
proposal (SB2000) would add one extra day and the House proposal (HB1756)
proposes two extra days, increasing the county share by a conservative
estimate of $103,343 for one extra day and $214,558 for two extra days.
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FUNDS AVAIL: N/A
PREVIOUS ACTION: N/A
RECOMMENDATION:
Staff recommends the Board of County Commissioners authorize the Chair to
send the attached letter to the St. Lucie County Legislative Delegation
opposing the increase in county Medicaid match for hospital inpatient
services.
COMMISSION ACTION:
CONCURRENCE:
[ X]
[ ]
APPROVED
OTHER:
[
]
DENIED
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Douglas M. Anderson
County Administrator
Coordination/Sianatures
County Attorney:x
Management & Budgetx
Purchasing:
Originating Department:x
Other:x
Other:
Finance:x Check for copy only, if applicable
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COMMUNITY SERVICES
MEMORANDUM #01-43
FROM:
Board of County Commissioners
Beth Ryder, Director ~
TO:
SUBJECT:
Proposal by the House (HB1756)and Senate (SB2000) to Increase County Medicaid
Match
DATE:
April3, 2001
The House and Senate are proposing to increase county Medicaid match for hospital inpatient services. ~
Currently, counties pay for hospital inpatient services for eligible Medicaid participants from the 13th to the
45th day. The Senate proposal would add one day, and the House proposal would add two days. The Agency ·
for Health Care Administration (AHCA) estimates that this would cost counties statewide $6 million under
SB2000 or $13.5 million under HB1756. Attached is the breakdown by county. AHCA estimates the impact
on St. Lucie County to be $103,343.71 for one extra day and $214,558.10 for two extra days.
Staff did an analysis of the St. Lucie County billing for the month of January, 2001. If all claims were paid,
and one extra day was added for each admission, it would have cost the County $17,893.07 for one additional
day and $35,786.13 for two additional days. Assuming that January is a typical month, this would raise the
cost for St. Lucie County for Medicaid Billings for one year by $214,717 with the Senate proposal and
$429,432 with the House proposal. St. Lucie County budgeted in FY 00/01 for Medicaid Billings $1,400,000.
STAFF RECOMMENDATION:
Approval for the Chair to send the attached letter to the St. Lucie County Legislative Delegation opposing
the increase in county Medicaid match for hospital inpatient services.
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County County Name Extra Day ~ Extra DayS
1 LACHUA $134291.73 $298 232.05
2 AKER $7 312.31 $17005.04
3 AY $71,429.85 $139889.54
4 RADFORD $21,091.98 $41,011.39
5 REVARO $109914.68 $232 603.59
6 ROWARD $578461.30 $1,218613.44
7 ALHOUN $4,512.38 59 743.60
8 HARLOTTE $31 885.29 $75963.53
9 ITRUS $39 934.01 $81 251.68
10 LAY $24779.22 $51 544.62
11 OLLlER $69244.96 $142114.30
12 OLUMBIA $42,878.60 $86,671.36
13 ADE $1 880,523.29 $3,912752.50
4 ESOTO $17,535.49 $38291.10
5 IXIE $11 604.88 $24 626.32
16 UVAL $323,580.70 $667682.06
17 SCAMBIA $138,629.52 $293062.76
18 LAGLER $8,796.14 $16847.46
19 RANKLlN $5 177.89 $10,731.45
0 jADSDEN $23,634.74 $49, 797 .00
1 ILCHRIST $7,989.79 $16 967.01
2 LADES $924.75 $1,849.49
3 ULF $6,315.57 $13091.45
4 AMIL TON $9,008.82 $19261.74
5 ARDEE $23,603.65 $59,329.85
6 ENDRY $26664.41 $65 021.35
7 ERNANDO $39,694.58 $B3 622.07
8 IGHLANDS $26,947.73 $59 065.04
9 ILLSBOROUGH $318542.46 $647198.48
0 OLMES $9,386.72 $21,725.74
1 NDIAN RIVER $35,119.68 $71,403.97
2 ACKSON $16864.40 $34 916.50
3 EFFERSON $5,013.94 $7,742.52
4 FAYETTE $4,328.13 $8 656.23
5 AKE $52,447.96 $110806.66
6 EE $102,683.91 $227,583.07
7 EON $62,690.71 $125918.69
8 EVY $21,783.39 $45389.71
9 ¡BERTY $2108.65 $4,476.59
0 ADISON $10762.96 $22 312.98
1 ANATEE $64,735.85 $141,182.12
2 ARION $95,915.94 $207,206.80
3 ARTIN $31 696.71 $65 766.08
14 ON ROE $34170.45 $70267.25
5 ASSAU $16,176.93 $34,283.36
6 KALOOSA $54,587.55 $110917.85
7 KEECHOBEE $17 275.71 $34 904.04
8 RANGE $350,528.83 $721 845.56
9 SCEOLA $36749.17 $82457.14
0 ALM BEACH $334 928.73 $715 232.33
1 ASCO $103,942.17 $214,477.22
2 INELLAS $297 507.42 $624,142.94
3 OLK $145,006.26 $300,158.83
4 UTNAM $48,444.96 $100,695.83
5 TJOHNS $24 236.07 $52989.56
6 T LUCIE $103,343.71 $214858.10
7 ANTA ROSA $37118.16 $77 048.93
8 ARASOTA $62,653.90 $132 226.52
g EMINOLE $65,468.33 $136264.23
0 UMTER $16231.96 $35441.95
1 UWANNEE $23,090.42 $44,803.35
2 AYLOR $12,337.15 $23,127.84
3 NION $3732.78 $8 408.25
4 OLUS¡A $131,066.73 $281,060.06
5 AKULLA $6191.05 $12829.33
6 ALTON $13,831.87 $23 997.76
7 ASHINGTON $10,998.17 $22,538.17
otals $6,470,068.16 $13,543 645,33
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April 3, 2001
Respectfully Subm
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Senator/Representati ve
XXXXX
XXXXX
Tallahassee, FL 32399
Re: Opposition to HB 1756 and SB 2000 Proposing to Increase
Hospital Inpatient Services
Dear Senator or Representative:
The Florida Association of Counties has brought to our attention
increases funding for county Medicaid Match for hospital inp
have a significant impact on the county budget. The Boar
strong opposition to HB 1756 and SB 2000,
The Agency for Health Care Administration estim
extra day, as proposed by SB 2000, the cost to
two extra days, as proposed by HB 1756, th
quirement by one
103,343,71 and by
Frannie Hutchinson
Chairman
FH: br
pc:Board of County
Mary Kay Caris
Douglas Ande
Robert Bradsha
Dan McIntyre,
Ron Book. Esquir
Marie Gouin. etDirector
Beth Ryder, Community Services Director
I Beth Ryder - FAC Legislative Bulletin """"k Four
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Page 8 I
CS/CS/CS/SB 446, by Sen. Lee Constantine (R-Orange), passed unanimously on
the Senate floor and now waits for House action. The bill includes a
provision that will transfer $5 million annually from the State Housing
Initiatives Partnership Program (SHIP) of the Florida Housing Finance
Corporation to the State Office of Homelessness to fund Homeless Housing
Assistance grants. The House bill, HB 427, by Rep. Heather Fiorentino
(R-Pasco), at this point, does not contàin the provision for the $5 million
transfer. HB 427 will be heard next in House Education Innovation. (Hart:
jahart@fl-counties.com <mailto:jahart@fl-co~nties.com»
Medicaid County Billing
The House and Senate are proposing to increase county Medicaid match for
hospital inpatient services. Currently, counties pay for hospital inpatient
services for eligible Medicaid participants from the 13th to the 45th day.
The Senate proposes adding one day, which will cost counties $6 million
statewide. The House wants to add two days, costing approximately $13.5
million statewide. CALL-TO-ACTION: Contact your legislators and urge them
to oppose increasing cost for the counties' share of Medicaid hospital
inpatient care. Counties will be hit directly in their budget, dramatically
increasing the county's financial responsibility for indigent health care.
Please go to http://www.fl-counties.com/pdf/legisdir.pdffor member and
committee assignments information. (Hart: jahart@fl-counties.com
<mailto:jahart@fl-counties.com»
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Medicaid Transportation Funding
The Senate is recommending a $1.2 million cut in Medicaid transportation
services and requiring the Agency for Health Care Administration (AHCA) to
competitively bid same-day medical transportation services in several
unidentified counties. If this policy is adopted, it would undermine
Florida's coordinated transportation system that has demonstrated cost
savings by multi-loading and utilization of bus passes in urban areas.
CALL-TO-ACTION: Urge legislators to oppose cuts to Medicaid transportation
funding. Additionally, urge them to oppose any policy that allows AHCA to
competitively bid same-day services, while removing this function currently
administered by the Community Transportation Coordinators (CTCs). Please go
to http://www.fl-counties.com/pdfllegisdir.pdffor member and committee
assignments information. (Hart: jahart@fi-counties.com
<mailto:jahart@fl-counties.com> )
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NEWS & NOTES SECTION
FLORIDA ASSOCIATION OF COUNTIES
2001 POST SESSION LEGISLATIVE BRIEFINGS
The Florida Association of Counties (FAG) will be conducting Post Session
Legislative Briefings to share with county members the results of the 2001
Session. The legislative staff will give a brief overview on what was
accomplished on behalf of counties. In addition, a complimentary copy of
FAC's 2001 Legislative Report will be provided for all attendees. Post
Session Briefing dates are as follows:
DATE TIME
May 30
COUNTY
10-12pm (CST)
LOCATION
Walton
Chautauqua Bldg, 95 Circle Drive,
Defuniak Springs, FL 32435
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APRIL 3, 2001
7:00 PM
BOARD OF COUNTY
COMMISSIONERS MEETING AGENDA
WELCOME
GENERAL RULES AND PROCEDURES
Attached is the agenda which will determine the order of business conducted at today's Board
meeting:
CONSENT AGENDA- These items are considered routine and are enacted by one motion, There
will be no separate discussion of these items unless a Commissioner so requests,
REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department
requests are items which the Commission will discuss individually usually in the order listed on
the agenda.
PUBLIC HEARlNGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M, or
as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second
or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or
as soon thereafter as possible, These time designations are intended to indicate that an item will
not be addressed prior to the listed time. The Chairman will open each public hearing and asks
anyone wishing to speak to come forward, one at a time. Comments will be limited to five
minutes,
As a general rule, when issues are scheduled before the Commission under department request
or public hearing, the order of presentation is: (1) County staff presents the details of the Board
item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public
comment, (4) further discussion and action by the Board.
ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the
microphone. If you have backup material, please have eight copies ready for distribution.
NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as
necessary at the conclusion of the printed agenda.
PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment,
Please limit comments to five minutes.
DECORUM- Please be respectful of others opinion,
MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays
of each month at 7:00 P,M, and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise
advertised, Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave" Ft. Pierce, FL 34982, The Board schedules additional
workshops throughout the year necessary to accomplish their goals and commitments, Notice is
provided of these workshops. Anyone with a disability requiring accommodation to attend this
meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or
TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting,
BOARD OF COUNTY
COMMISSIONERS
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John D. Bruhn
Doug Coward
Pau1a A. Lewis
Frannie Hutchinson
Cliff Barnes
District 1
District 2
District 3
District 4
District 5
www.stlucieco,gov
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Comp Plan Public Hearing 4:00pm to 6:00pm
AGENDA
April 3, 2001
7:00 P,M,
INVOCATION
PLEDGE OF ALLEGIANCE
1.
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2.
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MINUTES
Approve the minutes of the meeting held March 27, 2001.
PROCLAMA TIONS/PRESENT A TIONS
No Proclamations or Presentations scheduled for April 3, 2001
3.
GENERAL PUBUC COMMENT
4,
CONSENT AGENDA
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PUBliC HEARINGS
COMMUNITY DEVELOPMENT
A, Resolution No. 01-012/ Ouasi-Judicial / Midway Energy Center - Consider staff
recommendation to approve the resolution, subject to the cited conditions
contained therein, granting a change in zoning from the AGl (Agricultural- 1 du
/ acre) Zoning District and AG-25 (Agricultural- 1 du /2,5 acres) Zoning District
to the PNRD (Planned Nomesidential Development) Zoning District, Preliminary
PNRD approval for the Cooney-Midway Grove PNRD and partial final PNRD
approval for the construction of a 510 megawatt, electric generating plant,
Location: North side of Midway Road, approximately .76 miles east of II-Mile Road
and approximately one-half mile west ofI-95 , This item is continued from March
20, 2001. .
End of Public Hearings
NOTICE: All Proceedings befòre this Board are electronically recorded. Any person who decides to appeal any action taken by the Board
at these meetings will need a record of the proceedings and for such purpose may need to ensure that 8 verbðtim record of the proceedings
is made. Upon the request of any party to the proceedings, indivkJúals testifying during a heðring will be sworn in. Ar1y party to the
proceedings will be granted the opportunity to cross-examine any individ' ,...1 testifying during a hearing upon requesL Anyone with a disability
requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or
roD (561) 462-1428 at least forty-eight(48) hours prior to the meeting.
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CONSENT AGENDA
April 3, 2001
1. WARRANTS LIST
Approve warrants list No. 26,
2, PUBLIC WORKS
A. Engineering / Work Authorization No, 8 - Consider staff recommendation
to approve attached Amendment No, 1 to Work Authorization No, 8 to the
Agreement for Engineering Services with Culpepper & Terpening Inc. in the
amount of $(6,020,00), and authorization for execution by the Chairman of
the Board,
B. Engineering / Orange Avenue and NSLRWCD Canal No, 57 Bridge
Replacement -Consider staff recommendation to approve Change Order No,
1 reducing the contract amount by $500.00 for a final contract amount of
$291,370.00, Staff also recommends the Board accept the project, approve
the release ofretainage minus failed lab tests in the amount of $28, 257,00,
and approve the final payment to Johnson-Davis Inc. in the amount of
$28,257,00
C. Engineering / Florida Rock South Plant / Approval of reclamation and
closure of southern half - Consider staff recommendation to approve the
reclamation and closure of the southern half (Section 36).
3, COMMUNITY SERVICES
Health Department / Request to Purchase - Diane Walgren, Administrator, requests
authorization for purchasing to procure the vehicles as specified and authorize the
payment out of the third quarter allocation for the Health Department.
4, COMMUNITY DEVELOPMENT
Change in Zoning / Ocean Bay Preserve - Consider staff recommendation to
approve the Proposed Application for a Change in Zoning for Ocean Bay Preserve
Oceanside and Authorize the Chairman to Sign the Application Form,
5, COUNTY ATIORNEY
Resolution No, 01-88 - Opposing Utilization of Preservation 2000 Funds for Other
State Projects, Consider staff recommendation to approve proposed Resolution
No, 01-88.
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BOARD OF COUNTY COMMISSIONERS
ST, LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: March 27,2001
Tape: 1
Convened: 9:00 a,m,
Adjourned: 10:00 a.m.
.
Commissioners Prcsent: Frannie Hutchinson, Doug Coward, Paula A. Lewis, Cliff Barnes, John
D. Bruhn
Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Julia Schewchuk, Community Development
Director, Paul Phillips, Airport Director, Peter Keogh, Leisure Services Director, Bill Blazak,
Utiiities Director, Dennis Wetzel, Information Technologies Director, Jim David, Mosquito
Control Director, Ray Wazny, Public Works Director, Leo Cordeiro, Solid Waste Manager, Mike
Bowers, Road and Bridge Manager, Don West, County Engineer, Kathleen Stubbolo, Marketing
Services Coordinator, Deputy Nickel, A. Millie Delgado, Deputy Clerk
1. MINUTES (1-023)
It was moved by Com. Coward, seconded by Com, Bruhn, to approve the minutes ofllie meeting
held March 20, 2001 with the correction as stated by Com. Hutchinson; and, upon roll call,
motion carried unanimously,
2. PRESENTATION
The County Administrator introduced the County's new Human Resources Director, Mr. David
Rodriguez,
3, GENERAL PUBLIC COMMENTS
Mr. Don Bearman, Ballantrae Angler's Club President, addressed the Board regarding the
manatee speed zones and submitted the attached comments for the record.
Mr. Robert Anderson, Indrio Road resident, addressed the Board regarding the news article
stating that Fed Ex may be locating at the Airport and the impact it would have on the residents,
The County Attorney advised Mr. Anderson that due to the confidentiality policy he could not
comment on the issue, but knows at this point that no agreements have been made at this point
and they would have to be approved by the BCC.
Com, Coward stated he had received calls over the weekend on the issue and stated that it is
pretty clear that the position of the Board is to support an executive general aviation facility and
to focus not on expansion, but to make the existing facility economically viable,
Dr. Charles Gaerca, Ballantrae homeowner addressed the Board regarding the manatee speed
zones and the North Fork of the St. Lucie River.
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Com. Barnes stated that they are concerned the boat wakes eroding property along the North
Fork and also human safety factors which need to be taken into consideration, He would support
speed restrictions in the more narrow areas of the North Fork.
Mr. Bob Burn, Ballantrae resident asked the Board to make sure they do not pit the boat owners
against the wild life lovers,
4. CONSENT AGENDA (1-067)
It was moved by Com, Lewis, seconded by Com. Coward to approve the Consent Agenda to
include CA -1, 2 and 3; and; upon roll call, motion carried unanimously.
I. WARRANT LIST
The Board approved Warrant List No. 25.
2, PARKS AND RECREATION
A, River Park Marina Floating Dock Pennit- The Board approved apply for a floating dock
pennit for River Park Marina and allow enhancement to docking facilities,
B. Equipment Request No. 01-241- The Board approved the equipment request for the
purchase of a football field marking machine in the amount of$I,027 for use at the South
County Regional stadium.
C. Budget Amendment No, 01-134- Equipment request No. 01-244- The Board approved
the budget amendment and equipment request to purchase a new computer in the amount
of $1 ,598 for the Education Specialist at the Environmental Learning Center.
3. PUBLIC WORKS
A. Solid Waste/Cost Accounting Report for Fiscal Year 1999-2000- The Board approved the
Solid Waste divisions request to publish the Solid Waste Full Cost Accounting Report for
Fiscal Year 1999-2000 in a newspaper of general circulation.
B, Grant Application - The Board approved the submission of a grant application to Florida
Inland Navigation District in the amount of $250,000 to be used at South Causeway
Island and approved the resolution for assistance under the Florida Inland Navigation
District Waterways Assistance Program.
C. Solid Waste/Change Order No, 2 and Final Payment/Class I Ce1l3A Construction and
Leachate Force Main Relocation Project- The Board approved the change order and final
payment to Sheltra & Son Construction Company, Inc" in the amount of$167,869,76
bringing the contract amount to $2,086,700,81. This amount is $69,883,69 less than the
contract amount approved on October 10, 2000,
D, Solid Waste/Equipment Purchase- The Board approve the purchase of one used trailer
and two used tandem converter dollies in the amount of$15,550.
E. Solid Waste/Pennission to Advertise- The Board approved advertising for bids for the
sale of a 1990 surplus crane Effer Model 8600-23 Articulating circle.
F, EngineeringIWork Authorization No, 3- The Board approved the work authorization with
Hazen & Sawyer Engineers, Inc., in the amount of $4,770 for additional surveying
services required for the evaluation ofthe Ft. Pierce Farms Water Control District Canal
System and authorized the Chainnan to sign the work authorization,
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03/23/01
F7.I\BWARR
FUND
001
001128
001130
001252
001807
00.1809
101
101002
101003
101006
101103
101211
101802
102
102001
105
107
107002
113
114
116
, ,
121
123
136
138
140
140001
145813
160
183
183001
183002
183004
183212
186
204
215
282
304
316
330
352
382
401
4'8
441
448
451
461
471
491
501
505
510
611
625
676
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ST. LUCIE COUNTY - BOARD DATA
WARRANT LIST #25- 17-MAR-2001 TO 23-MAR-2001
FUND SUMMARY
TITLE
EXPENSES
General Fund
Section 112/MPO/FHWA/Planning FY01
TC Community Action Agency FYOO/01
Urban Mobile Irrigation Lab Grant
Floridian Aquifer Well Monitoring
SFWMD-Floridian Aquifer Well 01/04
Transportation Trust Fund
Transportation Trust/80% Constitut
Transportation Trust/Local Option
Transportation Trust/Impact Fees
SJRWMD Savannas State Reserve Ecosy
FDEP Canal & Stormwater Retrofit
SFWM-101-N Savannas State Rec Ecosy
Unincorporated Services Fund
Drainage Maintenance MSTU
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-E911 Surchar
Harmony Heights 3 Fund
Harmony Heights 4 Fund
Sunland Gardens Fund
Sunrise Park Fund
Holiday Pines Fund
Blakely Subdivision Fund
Queens Cove Lighting Dist#13 Fund
Monte Carlo Lighting MSTU#4 Fund
Palm Lake Gardens MSTU Fund
Port & Airport Fund
Port Fund
IRL SWIM Impound Rest IX
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.-County Arbitration/Mediat
Ct'Admin.- Teen Court
OSCA-Court Reporting Grant 00/01
Recycling Operating Fund
Communication System I&S Fund
5-Yr Bldg Bond Anticipat.I&S Fund
Environmental Land I&S Fund
Communication System Fund
County Capital
Lakewood Park Fund
SHI Wastewater Treatment proj Fund
Environmental Land Capital Fund
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
Renewal & Replacement Fund
S. Hutchinson Utilities Fund
Sports Complex Fund
Holiday Pines Utilities Fund
Building Code Fund
Information Technology Fund
Health Insurance Fund
Service Garage Fund
Tourist Development Trust-Adv Fund
Law Library
King Orange MSBU Fund
855,117.11
6,303.30
3,186.00
26.81
1.42
1.42
64,017.68
215.83
17,208.60
100.00
55,000.00
139,046.40
60,000.00
1,861.34
99,201.55
1,845.45
239,633.46
4.26
204.21
448.92
498.47
124.38
730.44
69.00
254.75
1,309.47
106.78
2,903.81
100.77
97.32
1,553.37
108.49
104.99
425.00
238.38
3,361.50
236.71
768,368.75
957,990.00
271,005.00
2,566.49
32,776.80
1,240.00
1,617.00
649.69
96,098.78
25,353.64
1,615.09
202,481.27
2,831.03
168,264.01
10,558,08
168,146.90
190.16
4,907.35
5,742.78
45,676.10
701. 26
12,130.00
4,875.00
GRAND TOTAL:
4,341,432.57
PAGE
1
PAYROLL
23,044.15
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
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0,00
0,00
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0.00
0.00
0.00
0.0"0
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0.00
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0.00
0.00
0.00
0.00
6,378,55
0,00
0.00
0.00
0,00
\
29,422.70
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4. COMMUNITY SERVICES
FY 2000/01 U.S,C, 5307 Federal Transit Administration FTA Grant- The Board
approved accepting the grant award in the amount of$I,069,249, approved the subgrant
agreement with the Council on Aging/Community Transit, and authorized the Chairman to sign
all documents.
5, MANAGEMENT AND BUDGET
A. Budget Resolution No. 0 1-76/Florida Inland Navigation District Grant for the Ft. Pierce
Boat Launching Facility- The Board approved the budget resolution to appropriate and
expend the funds from the grant in the amount of$251,986,
B. Budget Resolution No, 01-85- Briargate Municipal Services Benefit Unit Budget- The
Baord approved the budget resolution establishing the budget for Briargate MSBU
Project.
C, Budget Resolution No, 0 I -84/ Kings Highway Industrial Park Street Lighting District-
The Board adopted the budget resolution establishing the budget for the Kings Highway
Industrial Park Street Lighting District Project.
6. COUNTY ATTORNEY
A, Quit Claim Deeds/Dixieland S/D- The Board approved the Chairman signing the Quit
Claim Deeds and returning the deeds to the petitioner for recording in the Public Records
of St. Lucie County, Florida.
B, Resolution No, 0 I -82- Street Naming/Loop Road- The Board approved the resolution to
name Loop Road, authorized the Chairman to execute the resolution, instruct staff to
record the resolution in the Public Records of St. Lucie County, and inform the necessary
Utilities and Public Agencies of the naming of Loop Road,
C. Revocable License Agreement/Robert C. Fender- The Board approved the Revocable
License Agreement and instructed Mr. Fender to record the agreement in the Public
Records ofSt. Lucie County, Florida.
7. UTILITIES
A. Agreement Extension- The Board approved the extension ofthe agreement between the
City of Punta Gorda and Sunstate Meter Supply, Inc" for the purchase of water meters for
various St. Lucie County Utility Districts,
B. Memorandum of Understanding- The Board approved the Memorandum of
Understanding regarding the Treasure Coast' Regional Utilities and the funding in the
amount of$10,000 consistent with all of the participants,
8. COMMUNITY DEVELOPMENT
A. Central Florida Foreign Trade Zone 218- The Board approved utilizing the maintenance
building at the St. Lucie County International Airport to activate FTZ218,
B. Central Florida Foreign Trade Zone 218 Board of Directors- The Board approved the
nomination of Rudy Howard and the retention of Dewitt Beckett to the Central Florida
Foreign Trade Zone 218 Board of Directors,
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C, Resolution No. 01-014- The Board approved the resolution urging the Acquisition and
Restoration Council to continue funding for the North Fork St. Lucie River Project under
the Florida Forever Program.
9. LIBRARY
St. Lucie West Library- Contracted Services- The Board approved the expenditure of
$85,424 for contracted services through Indian River Community College for the St. Lucie West
Library, and authorize the County Administrator to sign the Purchasing requisition for payment
of services,
10, INVESTMENT FOR THE FUTURE
Bid No, 01-22/RoofReplacements- The Board approved awarding the bid to Tom
Tanenbaum, Inc" for Empire I and Empire II and to the Roof Auth0l1ty, Inc., for EOC and Rock
Road AI-A4 and authorized the Chajnnan to sign the contracts as prepared by the County
Attorney,
II. ADMINISTRATION
Budget Amendment No, BAOI-125/Postage Machine Rental- The Board approved the
replacement of the postage machine in the Human Resources Majl Room, and approved the
budget amendment for the rental of a postage machine rrom Pitney Bowes in the amount of$667
per month.
12. DECISION PACKAGES/PHASE II-
Personal Computer and Server Replimishment Program- The Board approved the
program and authorized staffto negotiate and bring back an agreement for Board consideration.
ADDITIONS
CA-I- Early Redemption of Special Assessment Improvement Bonds- Series 1996- The Board
approved the early redemption of the $1,860,000 St. Lucie County Florida Special Assessment
Improvement Bonds, Series 1996 (Becker Road MSBU) at par, as recommended by Mr. Leedy
as outlined,
CA-2 Early Redemption of Special Assessment Improvement Bonds Series 1998- The Board
approved the early redemption ofthe $14,920,000 St. Lucie County, Florida Special Assessment
Improvement Bonds, Series 1998 (S. Hutchinson Island Wastewater System) at par, as
recommended by Mr. Leedy as outlined,
CA-3 Early Redemption of Special Assessment Improvement Bonds Series 1998 A - The
Board approved the early redemption of the $910,000 St. Lucie County, Florida Special
Assessment Improvement Bonds, Series 1998A (S. Hutchinson Island North District Wastewater
System, at par as recommended by Mr. Leedy as outlined,
REGULAR AGENDA
5A No public hearings scheduled.
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6, COMMUNITY DEVELOPMENT (1-1272)
Project No, 01-00106/Resolution No, 01-013/Qualified Target Industry Business Tax
Refund Applicant- Pursuant to S,288.1 06 Florida Statutes, staff recommends that the Board pass
Resolution No. 01-013 recommending that Project Number 01-00106 be approved as a Qualified
Target Industry Business Tax Refund applicant.
It was moved by Com, Bruhn, seconded by Com, Lewis to approve staff recommendation; and,
upon roll call, motion carried unanimously,
7, COUNTY ATTORNEY (1-1382)
Indrio North Savannas/Florida Communities Trust Project - Staff gave an update on the
status ofthe project.
Com, Coward complemented the acquisition staff on their efforts and hard work.
The County Attorney commented and advised the Board that in the future they would need to
determine how to acquire the other parcels, possibly by condemnation etc, He stated it may be in
the best interest of the Board to be pro-active and discuss this issue in July during the budget
sessions,
The pro's and con's of trading off parcels was discussed.
8. ADMINISTRATION
The Board members gave updates on the various committees and boards they serve on,
. There being no further business to be brought before the Board, the meeting was adjourned.
Chairman
Clerk of Circuit Court
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Contact: Donn Bearman, President
'-" 3203 SE Braemar Way '-'
Port St. Lucie, FL 34952
TO: St. Lucie County Board of Commissioners
John Bruhner - District 1
Doug Coward - District2
Paula Lewis - District 3
Frannie Hutchinson - District 4
Cliff Barnes - District 5
RE: Manatee zoning,
March 27, 2001
Dear Commissioners,
Last Tuesday, March 20, some members of our club appeared here to submit a
report and statement for your consideration, Tonight, more of our members are
here to support that statement and request your further consideration and study
of the manatee slow zone issue, As our elected officials, we are relying on you
to make informed decisions concerning the future of our quality of life,
Last week, we pointed out that ONLY ONE MANATEE DEATH in St. Lucie
County, over the last three years, could be attributed to watercraft collision. If
you look further at the 1998-2000 Florida Marine Research Institute sheets
attached to last weeks' submission, you will also note the following:
· Florida manatee deaths due to boats, have remained at a constant 29% for
each of the last three years, However, St. Lucie County accounts for only
four tenths of one percent (.4%) of those deaths.
· It doesn't take a rocket scientist to see where the real problems exist. Look
at the counties (Le. Brevard, Collier, Lee, etc.) that register more than 5-10
manatee deaths per year and you will see that they generally attribute 25-
50% of those deaths to watercraft collision,
· St. Lucie County has remained at or near the bottom percentile in
accountability for manatee deaths for the last three years.
It would appear that some counties do have a manatee problem as it relates to
watercraft collisions. To date, neither St. Lucie County or Martin County is one of
them. It seems obvious that current regulations and zones are good enough.
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Attached is an article by Willie Howard of the Palm Beach Post in which he
addresses some other issues concerning the addition of more manatee zones.
He mentions Big Mud Creek, Little Mud Creek, and the Crossroads (JCW at St.
Lucie River) as some of the areas targeted for either manatee slow zones or safe
havens.
Using Big Mud as an example, it represents one of the finest tarpon fisheries in
the world. Thousands of fishermen come to fish it each year. Might we lose this
opportunity because one manatee was killed by a boat, somewhere in St. Lucie
County, during the last three years?
In addition, John Sprague, president of the Marine Industries Association of
Florida is quoted as saying, "Their attitude is that manatees are in there and
there's the potential for them to get hit. If everyplace a manatee is spotted
becomes a zone, then all of Florida will be a manatee zone, Someone must
draw a line on manatee protection in the months ahead, There has to be an
acceptable rate (of manatee deaths) just as there is with humans. We let the
public drive 70 mph, fully knowing that we're going to kill some of them."
It would appear that if there is a "potential threat" (depending on your definition of
"potential"), St. Lucie County need do no more than strictly enforce the rules,
regulations, and slow zones we already have in place.
These proposed manatee zones and safe havens should go where they are most
needed; that being Florida counties with high manatee kill ratios due to watercraft
collisions,
.
We are once again looking to our elected officials to remedy this matter, We, as
well as others, are serious about this issue and have tried to supply you with all
the ammunition necessary to refute those who want to put further water
restrictions in St. Lucie County and Martin County, There is no way we should
allow, or be forced to accept, decisions from outsiders who know nothing of our
county (like the draft settlement agreement made between Tallahassee, the
Federal Government, and the so-called "Environmental" groups).
Why not let them sue us? Or make them produce the Environmentallmpqct
Study necessary to prove that St. Lucie County manatees need more protection.
Then we can wait about seven years for them to do the study so we can then
make more intelligent decisions.
~es ectfully submitted,
v-V---~¡;~.-
or Ballantrae Angler's Club
By Donn Bearman, President
Dabear1 @earthlink.net
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BOARD OF couNTÝ COMMISSIONERS
APRIl. 3. 2001
SIGN IN SHEET
Please Sign in to speak aboút Item No, 5A - Midway Energy Center
(ENRON)
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BOARD OF couNTÝ COMMISSIONE.RS
APRIl. 3.2001
SIGN IN SHUT
Please Sign in to speak aboút Item No. 5A - Midway Energy Center
(ENRON)
II Phone Number
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BOARD OF couNTÝ COMMISSION£RS .~
APRIL 3, 2001
SlEiN IN SHE.E.T
Please Sign in to speak about Item No, 5A - Midway Energy Center
(ENRON)
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COMMISSION ACTION:
[J[] APPROVED 0 DENIED
D OTHER
3-2(Bruhn & CQwird)
,
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
County Attorney
Originating Dep!.:
Finance:
........, Agenda Request
Item Number
Date:
5A
April 3, 2001
""-tI
Consent
Reguiar
Public Hearing
Leg. [ ]
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[X]
Quasi-J D [ X I
Board of County Commissioners
Community Development Director
:-z...
unity Dev lopment Director
The continuation of the March 20, 2001 public hear ,considering raft Resolution 01-
012 approving the request of Midway Develop Company, LLC, for a rezoning from
AG-1 (Agricultural- 1du/acre) and AG-2.5 (Agricultural - 1 du/2.5 acres) zoning district to
PNRD (Planned Nonresidential Development); Preliminary PNRD Approval for the
Cooney-Midway Grove PNRD and partiai final PNRD approval for the construction of a 510
megawatt, electric generating plant, to be known as Midway Energy Center (herein after
referred to as MEC). (File No,: RZ-00-018, PUD-OQ-013 and MJSP-00-012)
Midway Development Company, LLC (herein after referred as Midway) has applied for a
Preliminary PNRD (Planned Nonresidential Development) approval for the 116.6-acre
Coonev-Midwav Groves PNRD on the north side of Midway Road, approximately .76 miles
east of 11-Mile Road and approximately one-half mile west of 1-95.
In addition Midway is requesting Partial Final PNRD approval for a 35,97-acre tract of land
that would be developed as an electric generating plant. This facility will be a gas-fired,
510-megawatt, electrical generation facility that will employ three simple cycle generating
turbine units. These units will produce up to 510 megawatts of peak power at its design
operating conditions. The primary fuel source used by the turbine generators will be
natural gas, with the capability of using low suKur No, 2 distillate fuel oil as a backup fuei in
the event of a natural gas curtailment. The power plant will be designed with three, 80-foot
high, exhaust stacks, one for each combustion turbine generator; a closed loop auxiliary
cooiing system; 13,980 square feet in buildings; outdoor electrical switchyard; an
underground natural gas transmission line extending to the plant; water and wastewater
treatment systems and storm water management facilities; water and fuel oil tanks; and
diesel firewater pump for emergency use only.
The subject property and properties to the south, and east of the Midway site are
designated with the Midway/Glades Mixed Use Activity Future Land Use Designation and
AG-1 zoning classification, The properties to the west and north of the Midway site are
designated with an AG-2.5 future land use designation and AG-2.5 zoning classification.
Of the 116-acre Midway site, the approximate southern 2/3 of the site is located within the
County's defined Urban Service Area, The approximate northern 1/3, the portion that has
been set aside for the projects open space preserve, lies outside of the defined urban
service area for the County,
N/A
The Planning and Zoning Commission, by a vote of 3 to 2, with two members recusing
themselves from the proceedings (Mr, Merritt and Mr. Mathes) and two members absent (Mr,
Trias and Mr. Grande), recommended approval of the Rezoning, preliminary PNRD approval
and partial final PNRD approval at its February 15, 2001 meeting.
Staff recommends approval of Draft Resolution 01-012, subject to the cited conditions
contained therein.
~R~
Douglas M. Anderson
County Administrator
Coordination! Signatures
Mg!. & Budget:
Other:
Purchasing:
Other:
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COUNTY COMMISSION REVIEW: April 3, 2001
Resolution 01-012
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
From:
Board of County Commissioners
Asst. Community Development Director
To:
Date:
Subject:
April 3, 2001
Continuation of the March 20, 2001 public hearing approving the petition of
Midway Development Company LLC, for a rezoning from the AG-l (Agricultural
_ 1 du/acre) and AG-2.5 (Agricultural - 1 du/2.5 acres) zoning district to PNRD
(Planned Nonresidential Development) zoning district; Preliminary PNRD approval
for the Cooney - Midway Grove PNRD and Partial final PNRD approval for the
construction of a 510 megawatt, energy generating plant, to be known as Midway
Energy Center (File No.: RZ-OO-018, PUD-OO-013 and MJSP-OO-012)
At the March 20, 2001, Board of County Commissioners the petition of Midway Development
Company, lLC (hereafter referred to as Midway) was discussed, at which time the Board continued
the public hearing to the April 3, 2001 public hearing. During the hearing, the following issues were
rai sed:
1. Alternative Site Location
2. The ultimate use ofthe front 41.59 acres.
3. Compatibility with surrounding uses
4, Triggers for use of oil
5. Water usage
6. Air Emissions
7. Landscaping
8. Noise
Subsequent to the public hearing, staff met with the applicant on Monday, March 26, 2001 to discuss
these issues, At that time, the applicant indicated the following:
1. Altemative Site Location
As 1he criteria utilized by the applicant in their site selection process was not clearly
described during the March 20th public hearing, the applicant indicated to county staff that
their development team utilized the following general criteria as a means of identifying a
suitable parcel for this facility: proximity to the existing FP&L transmission line network;
~
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April 3, 2001
Page 2
Subject: PNRD Approval- Midway Development Company
File No.: RZ-00-OI8, PUD-OO-OI3 and MJSP-00-OI2
the ability to construct a generating facility withou1 the necessity to construct extensive
additional power lines; proximity to natural gas supplies; minimal environmental issues
(e.g., wetlands); good site access and the availability of land at a minimum of 30 acres in
size. The applicants indicated to staff that when they where doing their site search,
approximately 12 months ago, the only viable site meeting their criteria that they found
available to them was the Cooney-Midway Groves site.
2. The Front 41.59 Acres
Staff indicated thaI there are three alternatives available to address the front 41.59 acres of
land.
· The first alternative is 10 amend the petition to remove the front 41.59 acres from the
petition for preliminary PNRD, This would leave only the plant site and the 39 acres
of Open Space as part of the PNRD application, Eliminating the front 40 acres is not
recommended since doing so would create road frontage problems for the reminder
of the site. The only way that the rear portion of the site can be developed is if the
front part is included in the subdivision process.
· The second alternative is to process the petition as submitted. This would include a
condition of approval that would eliminate the possibilities of utility uses and the
potential for any future expansion of the proposed facility or 1he possibility another
utility developing on the property,
· The third alternative is to process the petition as submitted with the existing
conditions of approval, plus an additional condition that establishes a maximum
threshold of development that can be allowed for the front 41.59 acres. This is the
altemative that staff feels is the most advantageous to the County, By utilizing this
alternative, the County maintains the highest level of con1rol over what happens on
this property,
3. ComDatibilitv with surrounding areas
As previoUsly indicated in the March 20, 2001. public hearing staff report, staff is of the
opinion that the proposed Cooney-Midway Groves PNRD and Midway Energy Center are
compatible with the surrounding land uses in the area, Uses in this area include: the existing
FP&L electrical substation southeast of the subject site, several exis1ing FP&L regional
transmission lines (500kv and 230 kv), the approved development intensities for the northern
three parcels, parcels 3a, 3b and 3c of the LTC Ranch Development of Regional Impact,
located directly opposite the Cooney-Midway Groves property; 1he existing 90,64 acre
,
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April 3, 2001
Page 3
Subject: PNRD Approval- Midway Deve1opmen1 Company
File No.: RZ-00-018. PUD-oo-013 and MJSP-00-012
(Harris Site) which is zoned œ (Indus1rial Heavy); the lO-Mile Creek Attenuation Facility
north/northeast of the Cooney-Midway Groves property, 1he existing Tropicana Juice
production facility and the existing St. Lucie County Landfill. The introduction of
nonresidential uses has already been eS1ablished in this area. The Harris site is currently
zoned œ (Industrial Heavy) and has the potential of development as a use-by-right for any of
the uses permitted in the IL (Industrial Light) and œ (Industrial Heavy) zoning categories
The applicant has previously represented to the Coun1y that the proposed facility will not
affect property values in the area. This position was supported by experts on both sides
during the March 20, 2001 public hearing, The expert appraiser for the opponents to this
facility stated that there would be "no actual effect on the property values will occur as a
result of this petition. There may be a perceived effect but in actuali1y no effect will occur."
4. Oil Use Triggers
During the March 20, 2001, public hearing, this Board questioned the use of low sulfur
distillate fuel oil and what would trigger the necessity to use this kind of fuel oil in the
production of electrical power. The applicant has indicated that the use of low sulfur
distillate oil would occur only if there were disruptions in the supply of natural gas to the
proposed site. The applicant's confirmed that low sulfur distillate oil would only be used if
gas was physically not available.
The applicant did indicate that due to the nature of the existing natural gas industry, there
might be a necessity in the early years of plant operations to utilize fuel oil in order to
maintain production. This reliance on low sulfur distillate oil is expected to decrease as
natural gas supplies to the region are expanded, A new gas pipeline is expected to be
brought into Florida from Alabama beginning this year and by the year 2004 the pipeline
should reach into the St. Lucie County region. The current planned source of the natural gas
for the Midway Energy Center will be via the Florida Gas Transmission pipeline.
Staff did discuss the possibility of a reduction in the total number of hours that the plant
would be able to operate under fuel oil conditions from the current requested 3,000 turbine
hours to a total of 1,500 hours per year maximum, Staff also discussed a condition whereby
this facility would be permitted 3,000 turbine hours of operation, annually, for the first three
years of operation and then reducing this to 1,500 turbine hours annually beginning the fourth
year after the issuance of a C of 0 for the plant. This would time allow the construction of
the Gulfstream Natural Gas pipeline infrastructure from the west coast 10 the east coast, thus
providing additional sources of gas for the local market. The applicant has indicated that this
is acceptable to them. Staff would recommend that this condition be added as part of the
official approval.
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April 3, 2001
Page 4
Subject: PNRD Approval- Midway Development Company
File No,: RZ-OO-OI8, PUD-oo-013 and MJSP-oo-012
5. Water Usage
The proposed facility will not be drawing water from 1he suficial aquifer, which is the aquifer
U1ilized by most of the existing agricultural and residential units in the area, Midway Energy
Center will be installing a well that will withdraw water from the floridan aquifer. Simply
put, the surficial aquifer is protected from intrusion of the floridan aquifer by a confining
layer of earth, The floridan aquifer is not usable for human consumption, without extensive
treatment, due to 1he high quantities of mineral deposits and salt conten1, The wa1er from
this aquifer is also not used by the plant nursery to the west of the Midway Energy Site for
the watering of its plants. The salt content would have an adverse affect on the ornamental
plants grown by the nursery.
As indicated during the March 20th public hearing, the technical aspects of water supply are
more properly addressed by the South Florida Water Management District (SFWMD), The
applicant has indicated that the South Florida Water Management Pennit has found their
application to be sufficient for review and based upon a preliminary review of it, it is
anticipated that the District will issue a favorable recommendation, A part of the review
process, by this agency, is an analysis of the proposed water withdrawal rates and what
effect, if any, thaI it will have on surrounding users, The District will not approve any pennit
that results in a negative effect on the surrounding properties,
6. Air Emissions
After the March 20, 2001 public hearing, staff contacted the local USDA office and
requested any infonnation or studies available regarding the emissions from the proposed or
similar peaker plants on citrus and agriculture products and on ornamental plants. The AG
Center did not have any specific literature nor could they find any specific literature on the
issue, However, in our discussion with them about this project, they indicated that based on
the infonnation that we had been supplied, it appears as if the emissions from this plant
would not pose a hazard to either plants or human health in the area. The level of emissions
are shown to be lower than minimum Federal standards,
7, LandscaDing
The proposed landscaping plan indicates a landscape buffer along the extreme northern limits
of the power plant facility, therefore, leaving the open space land parcel as a lot between--the
facility and the property to the north, At the march 20th public hearing, the applicant has
stated that this landscape buffer can be moved to the area immediately north of the FPL
transmission right-of-way, which is significantly closer to the plant itself. Additional
plantings will also be provided along the western property line.
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April 3, 2001
Page 5
Subject: PNRD Approval- Midway Development Company
File No.: RZ-00-018, PUD-00-013 and MJSP-OO-OI2
8. Noise
The applicant has stated that they are currently conduc1ing additional noise monitoring and
modeling to ensure that the sound level for the proposed facility will meet all St. Lucie
County Codes and Standards. A standard condition of approval, is that the Midway Energy
Center will be required to satisfy all County Code requirements regarding noise and if at
anytime the sound produced by the facility exceeds the minimum county codes and
standards, upon notification the facility will take corrective action or the County can close
the facility until corrective measures are taken to ensure that the sound levels mee1 county
slandards.
Attached is a copy of the staff memorandum that was provided at the March 20, 2001 public hearing
for this board. This memorandum includes a revised version of Draft Resolution 01-012, which
outlines the specific conditions of approval for this proposed development activity.
The proposed rezoning and Planned Nonresidential Development Site Plan, subject to the
recommended conditions, meets the standards of review as set forth in Section 11.02,07 of the St.
Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies
of the SI. Lucie County Comprehensive Plan.
Staff recommends the approval of this petition for a Rezoning and Planned Nonresidential
Development to allow the development of a Preliminary three lot Planned Nonresidential
Development (Cooney-Midway Groves PNRD) and partial final approval for a 510 megawatt electric
generating plant in the PNRD (planned Nonresidential Development) Zoning District for property
located on the north side of Midway Road, approximately one-half mile west ofI-95 Interchange, as
set forth in Draft Resolution 01-012 which includes the recommended conditions,
SUBMlTIED:
ISles
cc: Midway Deve pment Company
AI Malefatto, nberg & Traurig
Rich Ladyko, Culpepper & Terpening
Greg Boggs. Thomas Lucido & Associates
File
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1 RESOLUTION 01-012
2 FILE NO" RZ-O\I-OIS, PUD-OO·OII and MJSP.O\I-009
A RESOLUTION GRANTING PRELIMINARY PLANNED
NONRESIDENTIAL DEVELOPMENT APPROVAL FOR A
116.6-ACRE PROJECT TO BE KNOWN AS COONEY-
MIDWAY GROVE-PNRD AND FOR PARTIAL FINALPNRD
(pLANNED NONRESIDENTIAL DEVELOPMENT)
APRROV AL FOR THE PROJECT TO BE KNOWN AS
MIDWAY ENERGY CENTER LOCATED ON A 35.97
PARCEL IN THE COONEY-MIDWAY GROVE-PNRD, AND
FORA CHANGE IN ZONING FROMAG-l (AGRICULTURAL
_ 1 DU/ACRE) AND AG-2.5 (AGRICULTURAL - 1 DU/2.5
ACRES) TO PNRD (PLANNED NON-RESIDENTIAL
DEVELOPMENT) FOR PROPERTY LOCATED IN ST. LUCIE
COUNTY, FLORIDA.
WHEREAS, the Board of Coun1y Commissioners of 51. Lucie County, Florida, based on the testimony and
evidence, including but not limited 10 the staff report, has made the following de1enninations:
CHANGE IN ZONING
1. Coonev-Midwav Groves. LC and Midwav Develooment Comrnmv. LLC. presented a petition
for a change in zoning from the AG-l (Agricultural- 1 du/acre) and AG-2,5 (Agricultural- 1
du!2.5 acres) Zoning District to the PNRD (Planned Nonresidential Development) Zoning
District for the property described in Part A below,
2. On February 15,2001, the 51. Lucie County Planning and Zoning Commission held a public
hearing on 1he peti1ion, after publishing notice at leas1 10 days prior 10 the hearing and
n01ifying by mail all owners of property within 500 feet of the subject property, and
recommended that the Board of County Commissioners approve the hereafter described
request for a change in zoning from the AG-l (Agricultural - 1 dulacre) and AG-2.5
(Agricultural - 1 du/2.5 acres) Zoning District to the PNRD (Planned Nonresidential
Development) Zoning District for 1he property described in Part A below,
3. On March 20, 2001, this Board held a public hearing on the petition, after publishing notice a1
least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet
of the subject property,
4. At the March 20, 2001, public hearing, and after accepting public testimony on the proposed
petition, the Board continued the public hearing on this matter until April 3, 2001, at which
time additional testimony and Board deliberations would continue.
File No.: RZ-00·018, PUD-OO-013 & MJSP·00-012
Apri13,2001
Resolution 01-012
Page 1
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2 5. On April 3, 2001, the Board reconvened the public hearing on this pe1ition and accepted
3 additional public comments and testimony.
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5 6. The proposed change in zoning is consis1ent wi1h the goals, objectives, and policies of the St.
6 Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of
7 the St. Lucie County Land Development Code. 4
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9 7. The proposed change in zoning is consistent with the existing and proposed use of property in
10 the surrounding area.
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13 PRELIMINARY PNRD (PLANNED NONRESIDENTIAL DEVELOPMENT)
14 COONEY -MIDWAY GROVE - PNRD
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16 8. Coonev-Midwav Groves, LC and Midwav Develovment ComvGnv, LLC. presented a site plan
17 petition for Preliminary Planned Nonresidential Development approval for the purpose of 4
18 construc1ing a 1hree (3) lot non-residential development 10 be known as Coonev/Midwav ,
19 Groves - PNRD, on property located on the north side of West Midway Road, approximately
20 \12 mile west ofI-95, for the property described in Part A below.
21 ~
22 9. The Development Review Committee has reviewed the pe1ition of Coonev-Midwav Groves,
23 LC and Midwav Develovment Comvanv, LLC. for preliminary approval of the master plan for .
24 this Planned Nonresidential Development and found it to meet all technical requirements of .
25 the Land Development Code and to be consistent with the Future Land Use maps of the St.
26 Lucie County Comprehensive Plan, subject to the conditions set forth in Part B of this
27 Resolution.
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29 10. On February 15,2001, the St. Lucie County Planning and Zoning Commission held a public
30 hearing of which due public notice was published and mailed to all property owners within
31 500 feet at least 10 days prior to the hearing, and recommended to this Board that Preliminary
32 Nonresidential Planned Development Plan approval for the project known as Coonev -
33 Midwav Groves- PNRD be granted.
34
35 II. On March 20, 200 I. this Board held a public hearing of which due public notice was
36 published and mailed notices was sent to all property owners within 500 feel at least 10 days
37 prior to the hearing.
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39 12, At 1he March 20, 200 I. public hearing, and after accepting public testimony on the proposed
40 petition. the Board continued the public hearing on this matter until April 3, 2001, a1 which
41 time additional testimony and Board deliberations would continue.
42
43 13, On April 3, 2001, the Board reconvened the public hearing on this petition and accepted
44 additional public comments and testimony,
45
File No.: RZ-00-018, PUD·00-013 & MJSP·00·012
April 3, 2001
Resolution 01-012
Page 2
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1 14. The proposed projec1 is consistent with the general purpose, goals, objectives and standards of
2 the St. Lucie County Comprehensive Plan, the St. Lucie County Land Development Code and
3 the Code of Ordinances of St. Lucie County.
4
5 IS. The proposed projec1 will not have an undue adverse effect on adjacent property, the
6 character of the neighborhood, traffic conditions, parking, utili1y facilities, or other matters
7 affecting the public health, safety and general welfare.
8
9 16. All reasonable sleps have been taken to minimize any adverse effect of the proposed project
10 on the immediate vicinity through building design, site design, landscaping and screening.
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12 17. The proposed project will be constructed, arranged and operated so as not 10 interfere with the
13 development and use of neighboring property, in accordance with applicable district
14 regulations,
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16 18. Adequate public facilities and services are available through onsite well and septic sewer
17 system. t
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19 19. A Concurrency Deferral Affidavit a copy of which is attached to this resolution, was approved
20 by the Community Development Director on April 3, 2001.
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23 FINAL PLANNED NONRESIDENTIAL DEVELOPMENT
24 COONEY/MIDW A Y GROVES- PNRDI MIDWAY ENERGY CENTER .
25
26 20, Coonev-Midwav Groves, LC and Midwav Development ComlJanv, Uc. has presented a
27 petition for Final Planned Nonresidential Development approval for Lot 2 of the
28 Coonev/Midwav Groves- PNRD for the purpose of constructing a 170 megawatt, electrical
29 generation facility, said facility to be referred to as the Midwav Enerf!V Center, to be located
30 on the for the property described in Part G,
31
32 21. The Development Review Committee has reviewed the petition of Midwav Development
33 Companv. LLC. for a Final Planned Nonresidential Development Si1e Plan and found it to
34 meet all technical requirements of the Land Development Code and to be consis1ent with the
35 Future Land Use Maps of the St. Lucie County Comprehensive Plan, subjectlo the conditions
36 set forth in Part H of this Resolution,
37
38 22. On February 15, 200 I, the St. Lucie County Planning and Zoning Commission held a public
39 hearing of which due public notice was published and mailed to all property owners within
40 500 feet at least 10 days prior to the hearing, and recommended to this Board 1ha1 Final Site
41 Plan approval for the project known as Midway Energy Center be granted.
42
43 23. On March 20, 2001, this Board held a public hearing of which due public notice was
44 published and mailed notices was sent to all property owners within 500 feet at least 10 days
45 prior to the hearing,
File No.: RZ-00-018. PUD-00-013 & MJSP-00-012
April 3, 2001
Resolution 01-012
Page 3
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24. At the March 20, 2001, public hearing, and after accepting public testimony on the proposed
petition, the Board continued the public hearing on 1his matter until April 3, 2001, at which
time additional testimony and Board deliberations would continue.
25. On April 3, 2001, the Board reconvened the public hearing on this petition and accepted
additional public commen1s and testimony.
26. The proposed project is consistent with the general purpose, goals, objectives and standards of
the St. Lucie County Comprehensive Plan, the St. Lucie County Land Development Code and
the Code of Ordinances of St. Lucie County,
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27. The proposed project will not have an undue adverse effect on adjacent property, the
character of 1he neighborhood, traffic conditions, parking, utility facilities, or other ma1ters
affecting the public health, safety and general welfare,
28. All reasonable steps have been taken to minimize any adverse effect of the proposed project
on the immedia1e vicinity through building design, site design, landscaping and screening.
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29. The proposed project will be constructed, arranged and operated so as no1 to interfere with the
development and use of neighboring property, in accordance with applicable district
regulations,
30. Adequate public facilities and services are available through onsite well and septic sewer
system.
31. A Certificate of Capacity, a copy of which is attached to this resolu1ion, was granted by the
Community Developmen1 Direc10r on February 6, 2001.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida:
ARTICLE 1.
PRELIMINARY PNRD (PLANNED NONRESIDENTIAL DEVELOPMENT)
COONEY-MIDWAY GROVE -PNRD
A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the area to be
included as part of the Preliminary Planned Nonresidential Development project to be known
as Coonev/Midwav Groves - PNRD is described as follows:
THE EAST ONE·HALF OF THE NORTHWEST ONE QUARTER OF SECTlON3, TOWNSHIP36 SOUTH, RANGE
39 EAST AND THE SOUTHEAST ONE QUARTER OF THE SOUTHWEST QUARTER OF SECTION 34,
File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
April 3, 2001
Resolution 01-012
Page 4
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TOWNSHIP 35 SOUTH, RANGE 39 EAST;
LESS AND EXCEPT,
RlGHT-OF-WA YS FOR MIDWAY ROAD, (COUNTY ROAD 712) A 70 FOOT WIDE RlGHT-OF·WA Y AND THE
NORTH ST. LUCIE RIVER W A 'fER CONTROL DISTRICT CANAL No. 93, A 78 FOOT WIDE RIGHT-OF· WAY
ALL LYING IN ST. LUCIE COUNTY, FLORIDA.
ALSO DESCRIBED AS,
A PARCEL OF LAND LYING IN SECTION 3, TOWNSillP 36 SOUTH, RANGE 39 EAST AND SECTION 34,
TOWNSillP35 SOUTH, RANGE 39 EASTST, LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS,
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 3; THENCE
NORTH 00°16'38" WEST AWNG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECT[ON 3 A
DISTANCE OF 39.67 FEET TO THE NORTH RIGHT -OF-WAY LINE OP MIDWAY ROAD (COUNTY ROAD 712) A 70
FOOT WIDE RIGHT -OF-WAY; THENCE SOUTH 89°48\)8" WEST AWNG THE NORTH R[GHT -OF-WAY LINE OF
MIDWAY ROAD (COUNTY ROAD 712) A DISTANCE OF 39.00 FEET TO THE WEST R[GHT-oF-WAY LINE OF
NORTH ST. LUCIE RIVER WATER CONTROL DISTRICf CANAL NUMBER 93 AND THE POINT OF BEGINNING;
THENCE CONTINUE AWNG THE NORTH R[GHT -OF-WAY LINE OF SAID MIDWAY ROAD SOUTH 89°48'08" WEST
A DISTANCE OF 1288.78 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 00"18'53" WEST A
DISTANCE OF 2622.25 FEET TO AN INTERSECT[ON WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECfION 3; THENCE NORTH 00"04'5 [" EAST A DISTANCE OF 13 [8.47 FEET; THENCE NORTH 89°59'41" EAST
A DISTANCE OF 1288.94 FEET TO A POINT ON THE WEST R[GHT-oF-WA Y LINE OF SAID CANAL NUMBER 93;
THENCE SOUTH 00°00'43" WEST AWNG THE WEST R[GHT-oF-WAY LINE OF SAID CANAL NUMBER 93 A
DISTANCE OF 1318.97 FEET TO THE INTERSECT[ON WITH TIlE NORTH UNEOPTIIE NORTllWESTQUARTER OF
SAID SECTION 3; THENCE CONTINUE AWNG THE WEST RIGHT-OF-WAY LINE OF CANAL NUMBER 93, sourn
00°[6'38" EAST A DISTANCE OF 2617.41 FEET RETURNING TO THE NORTH RIGHT-OF-WAY LINE OF MIDWAY
ROAD AND THE POINT OF BEGINNING.
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SAID PROPERTY CONTAINS 116.61 ACRES, MORE OR LESS,
.
(Location: North side of West Midway Road, approximately one·half mile west of the 1..95 Interchange)
B.
Pursuant to Section 11.02,05 and Section 11.02,10 of the SI. Lucie County Land
Development Code, the Preliminary Planned Nonresiden1ial Development Site Plan for the
project to be known as Coonev/Midwav Groves - PNRD be, and the same is hereby,
approved as shown on the site plan drawings for the project prepared by Culpepper &
Terpening, Inc., dated October 25, 2000, last revised January 9, 2001 and date stamped
received by the SI. Lucie County Community Developmen1 Director on January 16, 2001; the
site plan drawings for the project prepared by Culpepper & Terpening, Inc.. dated October 25,
2000, last revised January 10, 200 1 and date stamped received by the SI. Lucie County
Community Development Director on January 16, 200 1; the boundary survey drawings for
the project prepared by Culpepper & Terpening, Inc" dated November 11, 2000, and date
stamped received by the SI. Lucie County Community Development Director on January 16,
2001; subject to the following conditions:
Cooney-Midway Groves PNRD - Preliminary Plan ADDroval
1. Prior to the issuance of any building permits, site plan authorization or other
construction approvals for any development on Lot 1 of the Coonev/Midwav Groves
PNRD. except for those improvements that may be required for or incidental to the
development of the Midway Energy Center to be located on Lot 2 of the
Cooney/Midway Groves PNRD, a Final PNRD application with supporting
File No.: RZ-00-018, PUD-00·013 & MJSP·Oo-OI2
April 3, 2001
Resolu1ion 01·012
Page 5
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documentation must be received and approved by St. Lucie County consistent witb
applicable regulations and public hearing requirements, except that prior to the
presentation of any final PNRD development plans to the Board of County
Commissioners the Planning and Zoning Commission shall conduct a public hearing to
review the proposed final PNRD development plans for Lot 1. The granting of any
final PNRD approvals for the Midway Energy Center (MEC) does not obligate the
County to future approvals for any remaining portion of the Cooney/Midwaf Groves
PNRD. that would otherwise not be consistent with applicable County land use and
land development regulations.
2,
As part of the Final PNRD review process for the development of Lot 1 of the
Coonef/Midwaf Groves PNRD. a minimum of 1.77 acres of additional "open space"
shall be provided as required under the County's PNRD development standards. The
location of this open space shall be determined during final PNRD site plan reviews.
3.
Consistent with other development approvals granted along West Midway Road, prior
to, or as part of, the final platting of the subject property, the developers shall be
required to convey to St. Lucie County, in a manner and form acceptable to the St.
Lucie County Attorney, 40 feet of additional right-of-way along the site plan's southern
property line for the future widening of West Midway 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.
,
4,
Prior to the issuance of any certificate of occupancy or other use authorization for any
use or development within the Coonef/Midwaf Grove PNRD. the final plats for the
Coonef/Midway Grove PNRD. shall have been approved by St. LucIe County and all
required improvements necessary to service the Midway Energy Center site consistent
with that plat shall have been completed, or security provided for, in a manner
acceptable to St. Lucie County.
5.
Prior to issuance of any local development permits for any site construction, on any Lot
within the Coonev-Midway Grove PNRD. the developer, his successors or assigns, shall
construct, cause to be constructed or have provided securIty for, in a manner
acceptable to St. Lucie County, dedicated right and left turn lanes at the intersection of
the unnamed publici private roadway intersection shown on the site plans and West
Midway Road. If It shown to the satisfaction of the County that insufficient right-of-
way is present to provide for the construction eastbound left turn lane, the County may
consider alternative proposals that would delay the constnJctlon ofthls portion of the
intersection improvement until such time as the necessary right-of-way has been
acquired.
6.
The proposed private entrance into the subdivision shall be dedicated to the Master
Association, Said dedications shall be referenced as part of the fmal platting process
for this development area.
7.
As part of the development ofthe final site plans for Lot 1, consideration shall be given
to providing for the interconnection of local street grids with the property to tbe east.
8.
Upon the installation of central water and sewer lliies along West Midway Road, and
File No.: RZ-00-018, PUD-OQ-013 & MJSp·00·012
April 3, 2001
Resolution 01-012
Page 6
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consistent with the service provider agreements for this area as depicted in the St. Lucie
County Comprehensive Plan, Midway Energy Center, it successors and assigns, shall
connect to that central water and sewer service system. Upon connection to any such
system, the use of private wells for domestic water supply purposes shall be
discontinued except for irrigation use or other similar uses until such time as an
alternative water resource for irrigation or those uses is available. Nothing in this
condition, shall require Midway Energy Center, its successors or assigns, to discontinue
water withdrawals from underground water resources used as part of the
MEClElectrical Generation Facility, provided that the South Florida Water
Management District or other appropriate water resource permitting authority
determines that there are adequate water resources available to meet the demands of
MEC, and that there are no other alternative water resources available to meet the
demands of the MEClElectrical Generation Facility.
9, Lot 3 shall be kept as open space in perpetuity as indicated on the PNRD Master Site
Plan and shall be so restricted on the final plats for this mixed use subdivision.
10.
All local service utility power and transmission (phone, cable, data) lines for the
proposed subdivision shall be required to be placed underground.
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II.
Consistent with the provisions of Section 7.02.02 of the St. Lucie County Land
Development Code, and Po6cy 1.1.7.5 of the St. Lucie County Comprehensive Pian,
Future Land Use Element, those uses and activities permitted on Lot 1 are limited to
those uses and activities described under the CN, CO, CG, 1 and RF zoning districts.
Any other use authorization will require that an amendment be made to Figure 1-10h
of the Future Land Use Element of the County's Comprehensive Plan to indicate a
higher intensity of use on this property. The maximum allowable square footage that
be constructed on Lot #1 of the Cooney-Midway Grove PNRD, Is 300,000 square feet,
with said construction meeting the restrictions of Policy 1.1.7.5 and Figure 1-10h of the
St. Lucie County Comprehensive Plan, Future Land Use Element.
I
The approvals and authoriza1ions granted by this Article are for the purpose of obtaining fmal
planned nonresidential development approval on all or part of the property described in Part B
and shall expire on April I, 2003, unless the developer, Coonev-Midwav Groves. LC and
Midwav Develovment Comvanv, LLC. has obtained fmal planned nonresidential
development approval on all or part of the property described in Part A,
The Concurrency Deferral Affidavit, a copy of which is attached to this resolution, shall
remain valid for the period of Preliminary Planned Nonresidential Development Site Plan
approval. Should the Preliminary Planned Nonresidential Developmen1 Site Plan approval
granted by this Resolution expire or an extension be sought pursuant to Section
11.02,06(B)(3) of the St. Lucie County Land Developmen1 Code, a new Concurrency
Deferral Affidavit or certificate of~capacity shall be required,
The conditions set forth in Part B are an integral nonseverable part of the site plan approval
granted by this Resolution. If any condition set forth in Part B is detennined to be invalid or
unenforceable for any reason and the developer declines 10 comply voluntarily with that
File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
April 3. 2001
Resolution 01-012
Page 7
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condition, the Preliminary Planned Nonresidential Development approvals granted by this
resolution shall become null and void.
F. A copy of this Resolution shall be attached to the site plan drawings described in Part B,
which plan shall be placed on file with the SI. Lucie Coun1y Community Development
Director.
ARTICLE 2,
FINAL PNRD (PLANNED NONRESIDENTIAL DEVELOPMENT)
COONEY -MIDWAY GROVE - PNRDI MIDWAY ENERGY CENTER
CHANGE IN ZONING
G. Pursuant to Section 11.02.05(B) of the SI. Lucie County Land Development Code, 1he
petition of Coonev-Midwav Groves, LC and Midwav Develovment Comvanv, LLC, for a
change in zoning from the AG-I (Agricultural- I du/acre) and AG-2,5 (Agricultural- I
du/2.5 acres) Zoning District to the PNRD (Planned Nonresidential Development) Zoning
District for the project 10 be known as COONEY-MIDWAY GROVE - PNRD/ MIDWAY
ENERGY CENTER, and described as follows:
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The east 139.00 feet of the east one-half of the northwest one quarter of Section 3, Township 36
South, Range 39 East;
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Together with:
The north 1096.51 feet of the east one-haiforthe northwest one-quarter of Section 3, Township
36 South, Range 39 East;
Less and except:
Right-of-ways for Midway Road (Connty Road 712) a 70 foot wide right-of-way and the North
St. Lucie River Water Control District Canal No. 93, a 78 foot wide right-of-way all lying in St.
Lucie County, Florida,
Also described as:
A parcel of land lying In Section 3, Township 36 South, Range 39 East, St. Lucie County, Florida
and being more particularly described as foUows:
Commence at the southeast corner of the northwest quarter of said Section 3; thence north
00'16'38" west along the east line of the northwest quarter of said Section 3 a distance of 39.67
feet to the north right-of-way line of Midway Road (County Road 712) a 70 foot wide rlght-of-
way; thence south 89'48'08" west along the north right-of-way line of Midway Road (County
Road 712) a distance of 39.00 feet to the west right-of-way line of North St. Lucie River Water
Control District Canal Number 93 and the point of beginning; thence continue along the north
File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
April 3, 2001
Resolution 01-012
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right-of-way line of said Midway Road south 89°48'08" west a distance of 100.00 feet; thence
departing said right-of-way line north 00°16'38" west a distance of 1521.27 feet; thence north
89°58'58" west a distance of 1189.80 feet; thence north 00018'53" west a distance of 1096,51
feet to an intersection with the north line of the northwest quarter of said Section 3; thence
south 89°58'58" east along the north line of said Section 3 a distance of1290.52 feet to a point on
the west right-of-way line of said Canal Number 93 and a point 39 feet west of the northeast
corner of the northwest quarter of said Section 3; thence south 00°16'38" east along the west
right-of-way line ofsaid Canal Number 93 a distance of 2617.41 feet to the north right-of-way
line of Midway Road and the point of beginning.
Said property contains 35,97 acres, more or less.
(Location: North side of West Midway Road, approximately one-half nille west of1he 1-95 Interchange)
Is hereby annroved.
SITE PLAN
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Pursuant 10 Section 11.02.05 and Section 11.02,10 of the St. Lucie County Land
Developmen1 Code, the Final Preliminary Planned Nonresidential Developmen1 site plan for
the project to be known as Coonev/Midwav Groves - PNRD/Midwav Enel1!V Center be,
and the same is hereby, approved as shown on the site plan drawings for the project prepared
by Culpepper & Terpening, Inc" dated October 25, 2000, last revised January 9,2001 and
dale stamped received by 1he St. Lucie County Community Development Director on January
16,2001; the site plan drawings for the project prepared by Culpepper & Terpening, Inc"
dated October 25, 2000, last revised January 10, 2001 and date stamped received by the St.
Lucie County Community Development Director on January 16, 2001; the boundary survey
drawings for the project prepared by Culpepper & Terpening, Inc" dated November 11, 2000,
and date stamped received by the St. Lucie County Communi1y Development Director on
January 16, 2001; the site plan drawings Sheet C-6, Submitted 12115/00, Sheet C-6,
Submitted 12115/00, Sheet C-?, Submitted 1/12/01, Sheet C-8, Submitted 1/12101, Shee1 C-9,
Submitted 1/12/01, SheetC-ll, Submitted 1/12101, Sheet A-I, Submitted 1/12100, SheetA-2,
Submitted 1/12/01, Sheet A-3, Submitted 1/12101, Sheet C-4, Submitted 1/12101, SheetA-5,
Submitted 1/12101, for the project prepared by PB Power, Inc,; and Sheet L-l, Submitted
03120/01, Sheet L-2, Submi1ted 12115/00, SheetL-3 Submitted 12115/00 prepared by Thomas
Lucido & Associa1es, subject to the following conditions:
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Coonev/Midwav Groves - PNRD/Midwav Enere:v Center
13. As part of the construction of this project, the Midwav EneN!v Center, the developer of
the Cooney/Midway Groves - PNRD shall he required to construct the private roadway
from West Midway Road to the project entrance. All works in this area are to be done
prior to the issuance of any Certificate of Occupancy or other use authorization for the
Midway EneN!v Center and shall be done in accord with applicable County standards.
15. The maximum number of turbine hours of operation for the Midway EneN!Y Center
File No.: RZ-00-018, PUD-00-013 & MJSP-OO-012
April 3, 2001
Resolution 01-012
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(MEC) shall be 10,500 turbine hours, annually. No one single combustion turbine may
operate for 5, 000 hours each 12-month calendar year, Prior to MEC, any successor or
assign, being permitted to increase the number of turbine hours of operation above
10,500 hours per year, for either oil or gas operations, the MEC, any successor or
assign, shall be required to submit a modified PNRD application to the County to be
reviewed and approved by the Board of Connty Commissioners. Notbing in this
requirement shall obligate the Board of County Commissioners to approve additional
hours of turbine operations for Midway EneT'l!Y Center if the Board determines that
such an increase would not be compatible with, or have a detrimental effect upon any
surrounding land uses.
IS.
The approvals granted through this resolution to Cooney-Midway Groves, LC and
Midway Development Company, LLC, for the Midway EneT'l!Y Center are contingent
upon MEC, it successor and assigns, using natural gas as its primary fuel source with
low sulfur distillate fuel oil as the backup supply. The use of low sulfur distillate fuel oil
shall only be authorized for those time periods when natural gas is not available to the
Midway EneT'I!V Center facility. Availability of natural gas sball not be determined by
the price of the gas, but rather the actual availability of the gas. Midway EneT'I!V Center
shall provide notice to the County Administrator when its supply of natural gas has
been interrupted and it is forced to use the low sulfur distillate fuel oil.
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16.
The maximum number of hours that the Midwav EneT'I!V Center may operate under low
sulfur distillate fuel oil conditions, for the first three years following the issuance of tbe
first certificate of occupancy or other use authorization for this facility, is 3,000 turbine
hours per calendar year. No one single combustion turbine may operate under low
sulfur distillate fuel oil conditions for more than 1,000 turbine hours each 12-month
calendar year. For every hour in excess of 250 hours that a single combustion turhine
is run on low sulfur distillate fuel oil, the total number of gross operating hours shall be
reduced by 2 hours. Any requested modification to the state and federal air quality
permits for tbis facility that would propose to increase in the number of oil operating
hours or change the alternate fuel types for this facility shall require St. Lucie County
Board approval, prior to the submissions of nay such state or federal application and
shall be reviewed as a Major Adjustment to the Final Planned Non-residential
Development Approval for Midway EneT'I!V Center.
17.
The maximum number of hours that the Midway EneT'I!V Center may operate under low
sulfur distillate fuel oil conditions, beginning the fourth year following the issuance of
the first certificate of occupancy or other use authorization for this facility, is 1,500
turbine hours per calendar year. No one single combnstion turbine may operate under
low sulfur distillate fuel oil conditions for more than 500 turbine hours each 12 month
calendar year. For every hour in excess of250 hours that a single combustion turbine
is run on low sulfur distillate fuel oil, the total number of gross operating hours shaJJ be
reduced by 2 hours. Any requested modification to the state and federal air quality
permits for this facility that would propose to increase in the number of oil operating
hours or change the alternate fuel types for this facility shall require St. Lucie County
Board approval, prior to thlHlUbmission of nay such state or federal application and
shall be reviewed as a Major Adjustment to the Final Planned Non-residential
Development Approval for Midway EneT'l!Y Center.
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Prior to the issuance of any building permits for the proposed structure or buildings on
File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
April3,2001
Resolution 01-012
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this site, all exotic nuisance vegetation found on the site shall be removed.
19. The approvals granted through this resolution to Cooney-Midway Groves, LC and
Midway Development Company, LLC, for the Midway EneT1!V Center, are contingent
upon MEC, it successor and assigns, complying with the noise limitations set forth in
Chapter 1-38 of the St. Lucie County Code and Complied Laws,
The approvals and authorizations granted by this Resolution are for the purpose of obtaining
building pennits for the Midwav Ener~v Center on the property described in Part G and shall
expire on April I, 2003, unless the developer has obtained a building permit approval for the
- site plan described in Part H or an ex1ension has been granted in accordance with Section
11.07,05(F) of the St. Lucie County Land Development Code. All construction for this
portion of the CooneylMidway PNRD shall be completed by April 3, 2010, unless otherwise
extended in accord with the provisions of section 7.02.02(1)(2), St. Lucie County Land
Development Code. If this site is completed according to the approved site plans, including
any amendments that. may be approved thereto, no further development or site plan
authorizations will be required, except as may otherwise be required under the above
conditions or as based upon any submitted changes to the development plans for this site.
The Final Planned Nonresidential Development Site Plan approval granted under this
Resolution is specifically conditioned to the requirement that the peti1ioner, Cooney-Midway
Groves, LC and Midway Development Company, UC, including any successors in interest,
shall obtain all necessary development permits and construction authorizations from the
appropriate State and Federal regulatory authorities, including but not limited to: the United
States Anny Corps of Engineers, the United States Environmental Protection Agency, the
Florida Department of Environmental Protec1ion, and the South Florida Water Management
District, prior to the issuance of any local building permits of authoriza1ions to commence
development activities on the property described in PartG of this Resolution.
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The Certificate of Capacity, a copy of which is a1tached to this resolution, shall remain valid
for the period of Final Planned Nonresidential Development Site Plan approval, Should the
Final Planned Nonresiden1ial Development Site Plan approval granted by this Resolution
expire or an extension be sough1 pursuant to Section 11.02,06(B)(3) of the St. Lucie County
Land Development Code, a new certificate of capacity shall be required.
The conditions set forth in Part G are an integral nonseverable part of the site plan approval
granted by this Resolution, If any condition set forth in Section G is de1ermined to be invalid
or unenforceable for any reason and the developer declines 10 comply voluntarily wi1h thaI
condition, the site plan approval gran1ed by this resolution shall become null and void.
A copy of this resolution shall be attached to the site plan drawings described in Part G, which
plan shall be pl~ced on me with the St. Lucie County Community Development Director,
Further, the CoÏiununity Development Director is hereby authorized and directed to cause the
notation of this resolution to be made on 1he Official Zoning Map of St. Lucie County,
Florida, and to make notation of reference to the date of adoption of this Resolution,
File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
April 3, 2001
Resolution 01-012
Page 11
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After motion and second, 1he vote on this resolution was as follows:
Chairman Frannie Hutchinson
Vice-Chairman Doug Coward
Commissioner John Bruhn
Corrunissioner Paula Lewis
Commissioner Cliff Barnes
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PASSED AND DULY ADOPTED This 3rd Day of April 2001.
File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
April 3, 2001
BOARD OF COUNTY COMMISSIONERS
ST, LUCIE COUNTY, FLORIDA
BY
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
Resolution 01-012
Page 12
To:
Submitted By:
SUBJECT:
BACKGROUND:
FUNDS AVAilABLE:
PREVIOUS ACTION:
RECOMMENDATION:
'w' Agenda Request
Item Number 5-C
Date: March 20, 2001
'W
Consent
Regular
Public Hearing
Leg. [ I
]
[ ]
[X]
Ouasi-JO [ X I
Board of County Commissioners
Community Development Director
eLL
COMMISSION ACTION:
D APPROVED CJ DENIED
D OTHER
Consider Drall Resolution 01-012 approving the request of Midway Development
Company, LLC, for a rezoning from AG-1 (Agricultural - 1du/acre) and AG-25 (Agricultural
- 1 dul2.5 acres) zoning district to PNRD (Planned Nonresidential Development);
Preliminary PNRD Approval for the Cooney-Midway Grove PNRD and partial final PNRD
approval for the construction of a 510 megawatt, electric generating plant, to be known as
Midway Energy Center (herein after reterred to as MEC). (File No.: RZ-00-018, PUD-
00-013 and MJSP-00-012)
Midway Development Company, llC (herein aller referred as Midway) has applied for a
Preliminary PNRD (Planned Nonresidential Development) approval for the 116.6-acre
Cooney-Midway Groyes PNRD on the north side of Midway Road, approximately. 76 miles
east of 11-Mile Road and approximately one-half mile west of 1-95.
In addition the Midway is requesting Partial Final PNRD approval for a 35.97-acre tract of j
land that would be developed as an electric generating plant. This facility will be a gas-
fired, 510-megawatt, electrical generation facility that will employ three simple cycle
generating turbine units. These units will produce up to 510 megawatts of peak power at
its design operating conditions, The primary fuel source used by the turbine generators will
be natural gas, with the capability of using low sulfur No, 2 distillate fuel oil as a backup
fuel in the event of a natural gas curtailment. The power plant will be designed with three,
80-foot high, exhaust stacks, one for each combustion turbine generator; a closed loop
auxiliary cooling system; 13,980 square feet in buildings; outdoor electrical switchyard; an
underground natural gas transmission line extending to the plant; water and wastewater
treatment systems and storm water management facilities; water and fuel oil tanks; and
diesel firewater pump for emergency use only,
The properties to the south, and east of the Midway site are also designated with the
Midway/Glades Mixed Use Activity Future Land Use Designation and AG-1 zoning
classification, The properties to the west and north of the Midway site are designated with
an AG-2,5 future land use designation and AG-2.5 zoning classification, Of the 116-acre
Midway site, the approximate southem 213 of the site is located within the County's defined
Urban Service Area. The approximate northern 1/3, the portion that has been set aside for
the projects open space preserve, lies outside of the defined urban service area for the
County.
N/A
The Planning and Zoning Commission, by a vote of 3 to 2, with two members recusing
themselves from the proceedings (Mr. Merritt and Mr, Mathes) and two members absent (Mr.
Trias and Mr, Grande), recommended approval of the Rezoning, preliminary PNRD approval
and partial final PNRD åpproval at its February 15, 2001 meeting.
Staff recommends approval of Drall Resolution 01-012, subject to the' cited conditions
contained therein.
CONCURRENCE:
Douglas M. Anderson
,??unty Administrator
County Attorney
Originating Oep!.:
Finance:
x
Coordination! Signatures
Mg!. & Budget:
Other:
Purchasing:
Other:
......
-..;
COUNTY COMMISSION REVIEW: March 20, 2001
Resolution 01-012
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To:
Board of County Commissioners
Community Development Director
March 13,2001
Petition of Midway Development Company, LLC, for a rezoning from the AG-I
(Agricultural- I dulacre) and AG-2,5 (Agricultural- I dul2,5 acres) roning district to PNRD
(Planned Nonresidential Development) zoning district; Preliminary PNRD approval for the
Cooney - Midway Grove PNRD and Partial final PNRD approval for the construction of a
510 megawatt, energy generating plant, to be known as Midway Energy Center (FileNo.: RZ-OO-
018, PUD-OO-013 and MJSP-OO-0l2)
From:
Date:
Subject:
On November 13, 2000, Midway Development Company, LLC (hereafter referred to as Midway) submitted an
application for rezoning from the AG-I (Agricultural- I dulacre) and AG-2.5 (Agricultural- I dul2,5 acres)
roning districts to the PNRD (Planned Nonresidential Development) roning district for property located on the
north side of West Midway Road, approximately one-half mile west ofI-95. In addition, Midway is seeking
Preliminary PNRD (Planned Nonresidential Development) approval for a 116.6 acre mixed non-residential
development project to be known as the Coonev-Midwav Road PNRD. As part of this submittal, Midway is
also seeking .Partial Final PNRD approval for the Midwav EnerflV Center (hereafter referred to as MEC) a
proposed 510 megawall, electric generating plant on a 35.97 acre parcel which represents approximately 1/3 of
the overall Cooney-Midway Road PNRD's 116.6-acre land parcel.
The purpose of the change in roning is to provide for the establishment oCa development project that will be
consistent with the existing Future Land Use Designation of Mixed Use for the Midway Road area consistent
with The St. Lucie County Comprehensive Plan, Specifically, the St. Lucie County Comprehensive Plan
states:
"The intent of the Mixed Use Developmen1 (MXD) designation is to identify those areas
where innovative land nse concepts are encouraged. Application of this district should be
with prudence, and should be only to those areas where traditional land use classifications do
not afford the desired flexibility and community input in land use planning necessary to
address local concerns, Candidates for this district include all 1-95 interchange areas, the St.
Lucie County International Airport, Community Development Districts created pursuant to
Chapter 190, Florida Statutes and areas of special or unique environmental consideration that
may not be appropriate for traditional land use designations." (SLC Future Land Use, Data &
Analysis, Page 1-49)
The subject property is located within an established 1-95 Interchange Mixed Use area referred to as the
Midway / Glades Mixed Use Activity Area, Policy 1.1.7,4 of the St. Lucie County Comprehensive Plan
provides for the establishment of several Mixed Use activity areas within tire County, of which this intersection
is one, On the Midway/Glades Mixed Use Activity Area Map (Figure 1-101, Future Land Use Element, St.
Lucie County Comprehensive Plan) the subject property is designated with a "Low Intensity" land use
designation, Policy 1.1.7.5 of the St. Lucie County Comprehensive Plan further defmes the use intensity
designations for the Mixed Use activity areas within the County. Within the Midway/Glades Mixed Use
Activity Area, under the "Low Intensity" designation a developer would be pennitted to design a project
utilizing the following density and intensity criteria:
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March 13,2001
Page 2
Subject: PNRD Approval- Midway Development Company
File No.: RZ-00-018, PUD-OO-OI3 and MJSP-00-012
Use Intensitv
Residential 5 dulacre
Institutional ,5 FAR
Professional Services/Office .5 FAR
General Commercial ,5 FAR
Public Service / Utility .25 FAR
The proposed Coonev-Midwav Groves PNRD is located on 116.6 acres of land situated on the north side of
West Midway Road approximately one-half mile west ofI-95. The developer, Midway, has requested that this
PNRD be a divided into three lots for eventual development! preservatiou: Lot I, the southern most parcel of
the proposed development, is 41.59 acres in size and designated for future commercial/professional service
type uses. Lot 2, in the middle of the proposed development, is 35,97 acres iu size and as part of this petition
it is requested that a Final PNRD approval be granted on this parcel for the development of the MEC power
plant. Lot 3, the northern most parcel is 39,04 aCreS in size and proposed to be designated as the primary open
space reserve area for the Coonev-Midwo:v Groves PNRD,
Section 7 .02.03(H)( 1) of the St. Lucie County Land Development Code, requires that a minimum of 35% of
the gross site acreage be designated as "open space". Based upon this requirement, Midway, the developer of
the overall 116,6-acre project site, is required to set aside 40.81 acres of land as "open space", As noted
above, Lot 3, which contains a total of 39,04 acres, has been designated as "open space" for the project. This
designation leaves a deficit of 1.77 acres of land that will have to be provided as "open space" meeting the
definition of Section 7.02.03(H)(I). This additional open space will be provided for as part of the final
development plans for the remaining areas of Lot I. A specific condition of approval is that upon the
development of Lot 1 an additional I. 77 acres be designated as open space,
The properties to the south, and east of the Midway site are also designated with the Midway/Glades Mixed
Use Activity designation as described in Figure 1-101 of the Future Land Use Element, St. Lucie County
Comprehensive Plan, The properties to the west and north of the Midway site are designated with an AG-2.5
future land use designation. Of the 116-acre Midway site. the approximate southern 2/3 of the site is located
within the Coun1y' s defmed Urban Service Area, The approximate northern 1/3, the portion that has been set
aside for the projects open space preserve, lies outside of the defmed urban service area for the County.
Although the Midway parcel and the parcels to the east and south are designated for future mixed-use activities
under the County's Comprehensive Plan, these parcels are cwrently zoned AG-I. The application of the AG-l
zoning designation to these areas is consistent with the provisions of Section 11.09.02 (including Table 11-1)
of the St. Lucie County Land Development Code. It is recognized that as these properties developed in the
future, any development would be governed by the density/intensity classifications described in Policy 1.1.7,5
of the County's Comprehensive Plan, The properties to the north and west, which are located outside of the
MXD land use areas, are designated wi1h an AG-2,5 (Agricultural- 1 dul2.5 acres), which is consistent with
the Future Land Use designations for these areas, Referring to Table 11-1 of the St. Lucie County Land
Development Code, the application of the PNRD zoning district to the part of the Midway property within the
AG-2,5 Future Land Use designation is a permissible application of the PNRD zoning district.
On January 29, 2001, the Development Review Committee found that the site plan portion of this application
met all minimum technical review requirements for processing before the Planning and Zoning Commission
and the Board of County Commissioners, Upon the Development Review Committee finding that the
applicant's request for the rezoning, preliminary PNRD approval and partial fmal PNRD approval met
technical requirements, the applicant's request for a rezoning, preliminary PNRD and partial final PNRD
approvals were authorized for final processing and public hearing review.
The proposed Coonev-Midwav Groves PNRD is consistent with the goals identified in the Comprehensive Plan
for this area, since the County's comprehensive plan calls for the development of compact, integrated land uses
.....
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March 13,2001
Page 3
Subject: PNRD Approval- Midway Development Company
File No.: RZ-OO-018. PUD-OO-013 and MJSP-OO-012
near highway interchanges which serve regional commercial and industrial activities. Within the guidelines of
the Comprehensive Plan. the developer would be allowed 10 construct the following density and intensity uses
within the 116.6-acre land tract:
Use Intensity Total Units! Gross
Souare Foota"e Allowed
Residential 5 dulacre 583 du
Institutional .5 FAR 2,539.548 s. f.
Professional ServiceslOffice .5 FAR 2.539.548 s, f
General Commercial .5 FAR 2,539,548 s. f.
Public Service I Utility .25 FAR 1,269.774 s, f
The proposed Cooney-Midway Groves PNRD and the MEC project provides for a reasonable continuation of
the existing development patterns within the general area, Other major land uses in the area include the
Tropicana Citrus processing plant located east of the subject property; the St. Lucie County Landfill located
northeast of the subject property; the large Midway FPL substation located southeast of the subject property;
the 90.64-acre industrially zoned land parcel (the Harris site) located southeast of the subject property; the
approved IO-Mile Creek Water Attenuation Facility located north/northeast of the subject property and the
approved development of regional impact known as LTC Ranch, which under the approved Map H for this
project, general land use plan for LTC Ranch, allows for the development of a mix of commercial and
industrial type uses on the properties immediately south of the proposed Cooney-Midway Groves PNRD, In
addition, there is a 200-foot wide FPL Electrical Transmission line right of way bisecting the northern 1/3 of
the Midway site, Tower heights along this right of way are approximately liS-feet high. There is another 200-
foot +/- foot wide FPL Electrical Transmission line right of way along the parcels eastern property line. These
Transmission Lines, though a passive land use, influence the character of the area because of their visual
impact, as well as the perceived incompatibility of residential and some non-residential development.
The general area is served by two primary transportation networks: 1-95 and West Midway Road. West
Mid wa y Road serves as the east-west connector, West Mid way Road is one of the primary routes utilized for
heavy agricultural trucks hauling products east, including citrus to the Tropicana processing plant. The area
west of the proposed site is dominated by agricultural uses. consisting primarily of citrus fanus and
pasturelands, but also including several plan1 nurseries, Immediately west of the site there are several
residences.
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As part of this application. Midway is requesting preliminary PNRD approval for the 116,6-acre Coonev-
Midwav Groves PNRD. In addition. Midway is requesting Partial Final PNRD approval for a 35,97-acre tract
of land that would be developed with the MEC facility, With the MEC development and the open space tract
there will be 41.59 acres of vacant land remaining, This acreage fronts on Wes1 Midway Road. Prior to any
development approvals being granted for the 41.59-acre land tract. the applicant will be required to submit a
revised PNRD Plan indicating the specific development footprints! plans for the vacant land, As part of the
Preliminary Planned Non-Residential approval process, those uses generally allowed in this area will be
identified.
The MEC facility, to be located on Lot 2, will involve the construction of a 51O-megawatt electric generating
plant. to be known as Midway Enerllv Center. This facility will be a gas-fired, 51O-megawatt. electrical
generation facility that will employ three simple cycle generating turbine units, These units will produce up to
510 megawatts of peak power at its design operating conditions. The primary fuel source used by the turbine
generators will be natural gas. with the capability of using low sulfur No.2 distillate fuel oil as a backnp fuel in
the event of a natural gas curtailment. The power plant will be designed with three. 80-foot high. exhaust
stacks. one for each combustion turbine generator; a closed loop auxiliary cooling system; 13.980 square feet in
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March 13, 200 1
Page 4
Subject: PNRD Approval- Midway Development Company
File No.: RZ-00-018, PUD-OO-013 and MJSP-00-012
buildings; outdoor electrical switchyard; an underground natural gas transmission line extending to the plant;
water and wastewater treatment systems and storm water management facilities; water and fuel oil tanks; and
diesel firewater pump for emergency use only.
According to the Comprehensive Future Land Use designation as illustrated above, utilizing the established
density and intensity criteria, the 35,97-acre tract of land would be permitted to construct the following:
Total Units! Gross
Use - Intensity Square Footage
Allowed
Residential 5 dulacre 180 du
Institutional ,5 FAR 783,423 s_ f.
Professional Services I Offices .5 FAR 783,423 s. f.
General Commercial ,5 FAR 783,423 s. f.
Public ServicelUtility ,25 FAR 391,713 s. f.
The total square footage requested for the MEC facility is 132,550 square feet, which includes all buildings and
equipment and which is below the maximum allowable square footage for the Public Service I Utility Use of
391,713 square feet.
The proposed electric generating plant is not expected to adversely impact the surrounding properties. The
proposed utility use is compatible with the general characteristics of the surrounding properties (FPL
Substation and Transmission lines, St. Lucie County Landfill, Tropicana and the vacant industrial parcel
located to the east and southeast of the project. There is an existing gas pipeline located within the vicinity of
the subject property. This gas pipeline is located within two miles of the subject property. The subject
property will have access to the existing FP&L power grid along its northern property line.
The Midway Developmen1 Company has completed a "Market Analysis" for the surrounding properties see
attached (Attachment Id # 8). According to this Market Analysis, the proposed project will have little or no
ad verse impact on the values of the surrounding properties.
4
Further, the Midway Development Company has submitted a Noise Assessment Study for the Midway Energy
Facility (Attachment ID #9). According to this Noise Assessment Study no sound impact will occur from the
Midway Energy Facility.
AI the February 15, 2001, public hearing on this matter, the St. Lucie County Planning and Zoning
C011111llssion, by a vote 00 to 2, with two members recusing themselves (Mr. Menitt and Mr. Mathes) and two
members absent (Mr, Trias and Mr. Grande) recommended approval of this petition as set forth in Draft
Resolution 01-012, subject to the following conditions: '
Coonev-Midwav Groves PNRD - Preliminary Plan Approval
1. Prior to the issuance of any building pennits, site plan authorization or other construction
approvals for any development on Lot 1, except for those that may be required for or
incidental to the development of the Midway Energy Site on Lot 2, a Final PNRD application
with supporting documentation must be received and approved by 5t. Lucie County consistent
with applicable regulations and public hearing requirements. The granting of any final
PNRD approvals for the balance of the Midway site does not obligate the County to future
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March 13,2001
Page 5
Subject: PNRD Approval- Midway Development Company
File No.: RZ-D0-018, PUD-D0-013 and MJSP-00-D12
approvals for this portion of the project that would otherwise not be consistent with applicable
land use and land development regulations.
2. As part of the Final PNRD review process for the development of Lot I of the Cooney-
Midwav Groves PNRD, a minimum of 1.77 acres of additional "open space" shall be
provided as required under the County's PNRD development standards. The location of this
open space shall be determined during final PNRD site plan reviews.
,
3.
Consistent with other development approvals granted along West Midway Road, prior to, or
as part of, the final platting of the subject property, the developers shall be required to convey
to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 40 feet
of additional right-of-way along the site plan's southern property line for the future widening
of West Midway 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.
,
.
4.
Prior to the issuance of any certificate of occupancy or other use authorization for this facility,
the final plats for the Cooney-Midwav Grove PNRD, shall have been approved by St. Lucie
County and all required improvements necessary to service the Midway Energy Center site
consistent with that plat shall have been completed, or secnrity provided for, in a manner
acceptable to St. Lucie County.
.
f
5.
Prior to issuance of any development approval for any site construction. on any Lot within the
Cooney-Midwav Grove PNRD, the developer, his successors or assigns, shall construct on
West Midway Road, a dedicated right and left turn lanes at the intersection of the unnamed
publici private roadway intersection shown on the site plans and West Midway Road. If it
shown to the satisfaction of the County that insufficient right-of-way is present to provide for
the construction eastbound left turn lane, the county may consider alternative proposals that
would delay the construction of this portion of the intersection improvement until such time as
the necessary right of way has been acquired.
6. The proposed private entrance into the subdivision shall be dedicated to the Master
Association, Said dedications shall be referenced as part of the final platting process for this
development area.
7, As part of the development of the fmal site plans for Lot I, consideration shall be given to
providing for the interconnection of local street grids with the property to the east.
8, Upon the installation of central water (IIld sewer lines along West Midway Road, and
consistent with the service provider agreements for this area, Midway. it successors and
assigns, shall connect to that central waterand sewer service system, The use of the private
wells for domestic water supply purposes shall be discontinued except for irrigation use or
other similar uses until such time as an alternative water resource for inigation or those uses is
available.
9. Lot 3 shall be kept as open space in perpetuity as indicated on the PNRD Master Site Plan and
final plats for this mixed use subdivision
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March 13, 2001
Page 6
Subject: PNRD Approval- Midway Development Company
File No.: RZ-OO-OI8, PUD-OO-013 and MJSP-00-OI2
10. All local service utility power and transmission (phone, cable, data) lines for the proposed
subdivision shall be required to be placed underground.
11.
Consistent with the provisions of Section 7,02,02 of the St. Lucie County Land Development
Code, and Policy 1.1.7.5 of the St. Lucie County Comprehensive Plan, Future Land Use
Element, those uses and activities pennitled on Lot 1 are limited to those uses and activities
described under the CN, CO, CG, I, RF and U zoning districts. Any other use authorization
will require that a amendment be made to the Fignre I-lor of the Future Land Use Elemen1 of
the County's Comprehensive Plan to indicate a higher intensity of use on this property.
t
.
Midwav Energy Center - Final PNRD
12,
13.
As part of the construction of this project, the developer shall be required to construct the
private roadway from West Midway Road to the project entrance, All works in this area are
to be done prior to the issuance of any Certificate of Occupancy for the Midway Energy
Center and shall be done in accord with applicable county standards,
,
The maximum hours of operation of the Midway Energy Center shall be 3.500 hours,
annually, Prior to MEC, any successor or assign, being pennitted to increase the number of
hours of operation above 3,500 hours per year, for either oil or gas operations, the MEC, any
successor or assign, shall be required to submit a modified PNRD application to be approved
by the Board of County Commissioners.
.
~
14, The maximum hours of operation of the Midway Energy Center under natural gas ftred
conditions shall be 3,500, For every hour of energy production that uses diesel fuel, a
reduction of 2 hours of overall gas production time shall apply,
15. Prior to the issuance of any building pennits for the proposed structure or bnildings on this
site, all exotic nuisance vegetation found on the site shall be removed.
The proposed rezoning and Planned Nonresidential Development Site Plan, subject to the recommended
conditions, meets the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land
Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan.
Staff recommends the approval of this petition for a Rewning and Planned Nonresidential Development to
allow the development of preliminary three lot Planned Nonresidential Development (Cooney-Midway Groves
PNRD) and partial final approval for a 510 megawatt electric generating plant in the PNRD (planned
Nomesidential Development) Zoning District for property located on the north side of Midway Road,
approximately one-half mile w.est ofI-95 Interchange, as set forth in Draft R§Olution 01-012 which includes
the recommended conditions,
\J(~Jm~
. ulia e , AICP
Community Development Director
TO:
FROM:
DATE:
SUBJECT:
LOCATION:
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PLANNING AND ZONING COMMISSION REVIEW: 2/15/01
File Number RZ-00-018, PUD-OO-Ol3 and MJSP-00-012
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning and Zoning Commission
Planning Manager t-L
February 8, 200 I
4
«
Application of Midway Energy Center, for Preliminary Planned Nonresidential
Development approval for the Project Known as Cooney-Midway Grove PNRD, and
for a Change in Zoning fÌ'Om the AG-I (Agricultural - I du/acre) and AG-2,5
(Agricultural- I du/2.5 acres) Zoning Districts to the PNRD (planned Nonresidential
Development - Cooney-Midway Grove) Zoning District and partial final PNRD
approval for a 35,97 acre land tract to be known as Midway Energy Center to allow
the construction of a 132,550 square foot (building - 13,980 square feet, equipment-
65,059 square feet, tanks 53,511 square feet), 510 Megawatt, electric generating
plan!.
.
.
North side of Midway Road, approximately, 76 miles east of 11-
Mile Road and approximately one-half mile west ofI-95.
ZONING DESIGNATION:
AG-I (Agricultural - I du/acre) and AG-2,5 (Agricultural - I
du/2.5 acres)
PROPOSED ZONING:
PNRD (planned Nonresidential Development - Cooney-Midway
Groves)
LAND USE DESIGNATION:
MXD (Mixed Use-Midway Road) and AG-2,5 (Agricultural- 2.5)
PARCEL SIZE:
PROPOSED USE:
Parent Parcel
Final PNRD
Open Space
Undeveloped
116.60 acres
35,97 acres
39.04 acres
41.59 åcres
A 137,550 squ8£C foot electri«.generating plan1 (bu[!dings - 13,980
square feet, equipment- 65,059 square feet and tanks 53,51/ square
feet) on 35,97 acres ofland, 39.04 acres preserved as open space
and 41.59 acres _of vacant undeveloped land,
SURROUNDING ZONING:
AG-2.5 (Agricultural- I du/2.5 acres) to the north, east and west
and AG-I (Agricultural- I du/acre) to the south and eas!.
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Petition: Midway Energy Center
File No,: RZ-OO-018, PUD-OO-013 and MJSP-OO-012
February 8, 200 1
Page 2
SURROUNDING LAND USES:
AG-2.5 (Agriculture - 2,5) to the north, east and west; and MXD
Midway Road to the east and south.
FIREIEMS PROTECTION:
Station #11 (350 Shinn Road), is located approximately 4.5 miles to
the west.
UTILITY SERVICE:
Onsite well and septic systems.
~
TRANSPORT A TION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
See Comments
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SCHEDULED
IMPROVEMENTS:
See Comments
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certifica1e of Capacity.
*.....**.*.**..****.*.
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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 the
following determinations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie
County Land Development Code;
The applicant is requesting a preliminary PNRD (planned Nonresidential Development) approval for
the entire 116.60-acre tract of land. The proposed rezoning has been determined to not be in conflict
with any applicable provision of the St. Lucie County Land Development Code, The application for
Preliminary Planned Nonresidential Development (pNRD) approval has been reviewed for
consistency with the provisions of the St. Lucie County Land Development Code and has been
determined to meet all Bpplicable standards of review,
The developer is proposing to subdivide the 116.60-oore land tract into three lots, The flISt lot (Lot I)
will contain 41.59 acres of land and has been designated for future development. At the time of
development of this parcel, the developer will be required to provide a revised PNRD application that
provides the specific development details ror the remaining portion of the site. The current request for
approval for the Midway Energy Center electric generating plant will in no way obligate the County to
future approvals for that portion of the project remaining as undeveloped on the Preliminary PNRD
Master Site Plan. The second lot (Lot 2) will contain 35.97 acres of land, in which the developer is
proposing a Final PNRD development for the Midway Energy Center electrical power plant. The third
lot (Lot 3) will contain 39.04 acres and is designated as the open space and stormwater tract for the
entire 116.60-acre site. Section 7,02.03(HXI) of the PNRD Zoning District requires a minimum of
35% of the gross acreage to be set aside as "open space" when a parcel ofland is over ten acres in
'"'
....,
Petition: Midway Energy Center
File No.: RZ-OO-018, PUD-OO-013 and MJSP-OO-012
February 8, 2001
Page 3
size. The total acreage for 1he proposed project is 116,60 acres. Based upon the 35% open space
requirement, the applicant is required to designa1e a minimum of 40.81 acres as open space. The
proposed design of the project provides for 39.04 acres of open space during the development of Lot
2. Upon development of Lot 1 an additional 1.77 acres of land will be required to be designated as
open space, in order to fulfill the 35% open space requirement for the PNRD Zoning District.
In addition Section 7.02.03 of the PNRD (Planned Non-Residential Development) Zoning District
regulations requires that when a parcel has a Future Land Use Map Designation ofMXD that it satisfY
1he requirements of the CG (Commercial General) Zoning District. The CG (Commercial, General)
Zoning District requires the following minimum requirements:
Minimum Lot Size 20,000 sauare feet
Minimum Lot Width 100 feet
Minimum Road Frontage 60 feet
~
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The proposed three-lot development satisfies these minimum code requirements. Lot 1 maintains a
minimum road &ontage of 1288.78 feet and a minimum lot width of 1288.78 feet, Lots 2 and 3 will
be combined through a unity of title have a minimum road &ontage of 100 feet and a minimum lot
width of 1289,80 feet.
·
4
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c
The portion of the parent parcel proposed for final PNRD (planned Non-Residential Development)
approval as the Midway Energy Center facility has a Future Land Use Map designation of MXD
(Mixed Use - Midway Road). According to Section 7.02.02 of the Land Development Code
properties designated with a Future Land Use Map MXD designation may be developed as a use
identified within the U (Utilities) Zoning District.
In addition, the applicant is requesting final PNRD (planned Nonresidential Development) approval
for the 35.97 -acre site in order to allow the construction of a 132.500 square foot electric generating
plant containing 13,980 square feet in building, 65,059 square feet in equipment and 53,511 square
feet in tanks, The proposed electric generating plant is a dual-fuel simple-cycle power plant. The
plant will be a peaking, non-utility facility designed to produce power to meet the increased demand
for electricity in the State of Florida. The maximum generating capacity for the facility is 510
megawatts.
This facility will utilize a simple-cycle gas turbine power generation technology to deliver electrical
peaking power during periods when short-tenn demand exceeds base load requirements. The facility is
anticipated to operate approximately 3,500 hours per year utilizing gas for 2,500 hours per year and
the potential for oil use for 1,000 hours per year. The power generated by the plant will be placed on
the Florida Power and Light (FPL) power grid, utilizing the ~isting 200' FPL transmission line
abutting the property to the north,
2. Whether the proposed amendment is consistent with all elements of the St. Lucie County
Comprehensive Plan;
The applicant has demonstrated that the proposed preliminary PNRD (Planned Non-Residential
Development) amendment is consistent with all elements of the St. Lucie County Comprehensive
Plan. The subject property has a duel future land use map designation: the northern 39,04 acres is
W'
""-'
Petition: Midway Energy Center
File No,: RZ-OO-OI8, PUD-OO-013 and MJSP-OO-OI2
February 8, 200 I
Page 4
designa1ed with an AG-2,5 (Agricultural- 2,5 dulacre) and the southern 77,56 acres is designated
with a MXD - Midway Road.
In addition, the applicant has demonstra1ed that the proposed partial final PNRD (Planned Non-
Residential Development) approval for the electrical power plant project is also consistent with all
elements of the St. Lucie County Comprehensive Plan. The applicant has applied for final PNRD
(Planned Non-Residential Development) approval for the 35.97 acres ofland that is located within the
area designated with a MXD - Midway Road Future Land Use map classification. In addition, the
applicant has indicated that no additional infTastructure needs such as roads, extension of water and
sewer services, etc., will be required with the development of the parcel under the final PNRD
approval. In addition, the applicant proposes to plant native and drought tolerant vegetation as
opposed to exotic and water consumptive vegetation species,
3. Whether and the extent to which the proposed zoning is inconsistent with the existing and
proposed land nses;
This proposed change in zoning and the accompanying Preliminary Planned Unit Development site
plan modifies the existing development pattern in this area of the county. Currently, the subject
property contains a large citrus grove with very little natural vegetation. The properties surrounding
the proposed site are utilized primarily as agricultural uses such as small individual ranches with
pasture land and citrus groves, The Future Land Use Maps of the St. Lucie County Comprehensive
Plan identifies the southern 77.56 acres of the parcel as being appropriate for a Mixed Use
development. The developer is proposing a utility use to be developed on 35.97 acres of the 77.56-
acre land parcel.
4. Whether there have been changed conditions that require an amendment;
There are no changes that would require an amendment. The developer chose this site as it abuts the
existing 200' FPL Electrical Transmission Line and is in close proximity to the Florida Gas
Transmission and a new proposed gas pipeline,
5. Whether and the extent to which the proposed amendment wonld 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 applicant is proposing a three-lot PNRD (Planned Non-Residential Development) subdivision,
The applicant is only proposing to develop 35,97 acres of the total 116.6 acres ofland. The parcel
proposed for development as the Midway Electric facility will be serviced water and sewer through
onsite wells and septic systems. A condi1ìon of approval will be that at the time that water and sewer
are located within the vicinity of this project, thc.applicant will be required to hook in~e public
system,
The developer has provided documentation that the proposed three lot subdivision and partial final
PNRD (Planned Non-Residential Development) ofLat 2 will not create any additional demands on the
roadway facilities within this area, The subject property is located north of Midway Road,
approximately one-half mile west of Interstate 95. During the planning stages of this project, staff
requested that the developer provide for the widening of Midway Rcw.' in this area. The applicant has
......
"""
February 8, 200 I
Page 5
Petition: Midway Energy Center
File No.: RZ-OO-018, PUD-OO-013 and MJSP-OO-OI2
agreed to dedicate 40-feet of road frontage along Midway Road in order to ensure that there is
sufficient right-of-way to accommoda1e the widening of Midway Road. The Preliminary PNRD
(Planned Non-Residential Development) will be conditioned to provide for the right-of-way
dedication. The developer may be eligible for road impact fees credits for the dedication of the right-
of-way width.
The power plant facility will be accessed via a 60' private roadway that tenninates at the proposed
power plant site, Upon development of the remaining 41.59-acre tract of land, the developer will be
required to construct a left-turn lane into the site. The applicant has demonstrated that a need for the
left turn lane will not exist until the 41.59-acre land tract is developed. The construction of the
proposed power plant will require the enhancement of the roadway facility through the construction of
a right-turn lane into the project. This turn lane was required to be of sufficient width to allow for the
safe negotiation of the turn by 18-wheel semi-tractor trailers. The applicant has agreed to this request
and depicts the turn lane on the Master PNRD (Planned Non-Residential Development) site plan.
The applicant's Traffic Impact Report (TIR) indicates the following pre and post-development
conditions for Midway Road at the proposed project entrance:
Roadway Link Pre-Develonment Volume Post-Develonment Volume
West of Selvilz Road 21,468 21,472
East ofI-95 12,829 12,838
West ofI-95 4200 4,201
Midway Road west of Selvilz Road operates at a LOS "C" cun-ently, but has committed trips that
result in a LOS "F". The proposed project will generate traffic less than 1% of the LOS capacity and
therefore will not require project related improvements. In addition, the proposed project's major
impact on the· intersecting roadways will occur at Midway Road and Glades Cut-Off Road, The
facility will operate at a Level-of-Service AIB upon completion of signalization of the intel"$eCtion,
Therefore, the applicant's proposed project will satisfactorily satisty all roadway conditions.
The proposed development will not have a negative impact on the existing schools. The applicant is
proposing a utility use that does not generate additional students for the school district.
6. Whether and the extent to which the proposed amendment would result in significant adverse
impacts on the natural environment;
The subjec1 property proposed for development contains an abandoned citrus grove that is cwrently
u1ilized for pastureland. The site has become overrun with Brazilian Pepper. The understory is a
mixture of upland grasses and small shrubs such as wax myrtle. There are small swales located
between each row of trees, which will in~ennittently hold water during periods of heavy rain, Two
man-made ditches and two man-made ponds are located on the subject property. The larger pond is
located on the northern portion of the property anMs approximately tWo acres and approximately four
feet deep, No vegetative wetland plant community exists around the perimeter of this pond. Whére
the water of the pond meets the toe of the slope, vegetative species such as torpedo grass, duck weed
and salvinia is located at the water's edge. These species exist solely within the pond and not along
the slope of the bank of the pond. No jurisdictional wetlands were observed outside of the waters edge
of this pond. This pond will be preserved and enhanced for stonnwater purposes for the entire site.
......
...,
Petition: Midway Energy Center
File No,: RZ-OO-018, PUD-OO-013 and MJSP-OO-012
February 8, 2001
Page 6
The smaller pond is located on the southern portion of the property and is approximately 0.5 acres in
size and approximately three feet deep. The vegetation surrounding the pond is mainly nuisance
species such as Brazilian Pepper and Primrose Willow, This vegeta1ion is currently beginning to fill
in the north side of the pond, No jurisdictional wetlands were observed outside of the waters edge of
this pond. The applicant proposes to fill this pond with mitigation occurring within the enlargement
and enhancement of the pond within the northern portion of the site, Based upon this analysis, no
environmental impacts will occur with the development of the subject size,
The proposed amendment will crea1e a certain amount of adverse impacts on the natural environment
The applicant through the PNRD (Planned Non-Residential Development) approval process has
proposed a development plan that by its nature will not adversely impact the environment through
noise and emissions, The proposed site is located within an area zoned for agricultural uses, There is
an existing gas pipeline located within the vicinity of the subject property as well as access to a new
gas line proposed for construction within the vicinity of the subject property. The subject property
will have access 10 the power grid through the 200' Floñda Power & Light transmission lines along
the northern property line,
The pñncipal source of air emissions ITom the electric generating plant will be the eight simple cycle
combustion turbine generators, The pollutants emitted in the largest quantity will be NO. and CO;
with lesser amounts of particulate matter less than 10 microns in diameter (PM10), sulfur dioxide
(SÛ2), volatile organic compounds (VOCs) and sulfuñc acid (H2S04) mist also emitted wm the
combustion turbine generators, The following table summarizes the maximum expected annual
emissions wm the plant (assuming average annual ambient conditions, CTGs ftred with natural gas
and low sulfur No, 2 distillate fuel oil) and the corresponding Prevention of Significant Deterioration
(PSD) significant emission rates.
Pollutant Maximum Exoectcd Annual Emissions lton",,")
NO, 963.2
CO 240.9
VÒC 18.9
PM-to' 130.7
SO, 257.5
Pb 0.1
Since the projected emissions of NO., CO, PM-10 and SO, are all less than allowed within
Environmental Protection Agency (BPA) regulations as well as health based National Ambient Air
Quality Standards (NAAQS) the proposed power plant is expected to have an insignificant impact on
air quality. In addition, the peak impacts of the power plant are less than one percent of the
corresponding NAAQS.
At full load operation of the electrical generating plant, the project is expected to generate continuous
noise levels on a 24-hour basis, The existing sources of environmental noise within the project area
include vehicular traffic movements on local and-distant roadways, occasional distant aircrafts and
intennittent noise wm construc1ion activities and sounds wm cows, dogs, birds and insects.
According to the applicant's Sound Report the estimated noise decibel level of the facility at the
proposed site boundary is 55 dBA or less. At distances farther away wm the site, the facility sound
levels will be considerably below the allowed St. Lucie County allowed decibel levels. The predicted
facility sound level at the border of the proposed Ten Mile Creek Regional Attenuation Facility is less
......
'WI
Petition: Midway Energy Center
File No.: RZ-OO-018, PUD-OO-013 and MJSP-OO-012
February 8, 2001
Page 7
than 45 dBA. The predicted facility sound level at Ten Mile Creek is less than 40 dBA. These decibel
levels are consistent with the SI. Lucie County Code of Ordinance requirement for a minimum daytime
decibel level of60 dBA and a minim nighttime decibel level of 55 dBA, Therefore there will be no
significant impact on the surrounding properties by the noise emissions from the electric generating
plant.
The applicant will need to obtain all penn its relating to environmental impacts and environmental
emissions on the site prior to any construction. These agencies include but are not limited 10 the Anny
Corp of Engineers (ACOE), South Florida Water Management District (SFWMD), the Florida Game
and Freshwater Eish Commission and the Environmental Protection Agency (EPA).
7. Whether and the extent to which the proposed amendment would result in an orderly and
logical development pattern specificalIy identifying any negative affects of such patterns;
The subject site is designated with a MXD-MidwayRoad Future Land Use Map designation which
pennits the increase in development intensity through a variety of uses, The proposed preliminary
PNRD (Planned Non-Residen1ial Development) wilI provide for a change in the overalI development
pattern in the sUITOunding area. The current development pattern is primarily agricultural in nature.
With the development of this (pNRD) Planned Non-Residential Development the general character of
the sUITOunding properties will change ftom agricultural to mOre industrial type uses. The entrance to
the preliminary PNRD (planned Non-Residential Development) will align with the entrance to the
proposed LTC Ranch entrance on Midway Road,
t
8. Whether the proposed amendment would be in conflict witbtbe public interest, and is in
barmony witb the purpose and intent of tbis Code;
The proposed amendment would not be in conflict with the public interest and is in hannony with the
purpose and intent of the St Lucie County Land Development Code~ The PNRD (Planned Non-
Residential Development) Zoning District provides opportunities that alIow for the development of
more intense uses,
COMMENTS
The petitioner, Midway Energy Center (ENRONJ, is seeking approval for a preliminary PNRD (planned Non-
Residential Development) for the Midway Development Co., LLClCooney-Midway Grove, L.C. Master Site
Plan to pennit a three lot subdivision and partial fmal PNRD (planned Non-Residential Development) to
penn;t the construction of a 132,550 square foot electrical generating plant (building -13,980 square feet,
equipment - 65,059 square feet and tanks - 53,511 square feet), 510 megawalt, electric generating plant for
property located on the north side of Midway Road, approximately V, mile west ofInterstate 95, The project
will be known as Midway Energy Center (ENRON).
Staff has detennined thaI the proposed zoning designation and the Preliminary Planned Non-Residential
Development Master Site Plan and partial Final Planned Non-Residential Development site plan is compatible
with the existing and proposed uses in the area. This petition meets the standards of review as set forth in
Section 11.06.03 of the S1. Lucie County Land Development Code and is not in conflict with the goals,
objectives, and policies of the S1. Lucie County Comprehensive Plan, Staff recommends that you forward this
petition to the Board of County Commissioners with a recommendation of approval subjec1 to the folIowing
conditions:
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..,.;
Petition: Midway Energy Center
File No,: RZ-OO-Ol8, PUD-OO-OI3 and MJSP-OO-Ol2
February 8, 200 1
Page 8
Preliminary PNRD
I. Prior to the issuance of any building permits for any development on Lot I, a revised PNRD
application with supporting documentation must be received and approved by the Board of
County Commissioners, This applica1ion must detail the proposed developmen1 for the
subject property, including a detailed analysis of proposed uses for the project. The current
approval for Midway Energy Center (Enron) in no way obligates the County to future
approvals for this portion of the project.
2. Prior to any approvals for development for Lot I, a minimum of 1.77 acres of the remaining
41.59 acres shall be dedicated as open space for the overall development.
3, Consistent with other development approvals granted along West Midway Road, prior to, or
as part of, the final platting of the subject property, the developers shall be required to convey
to St. Lucie County, in manner and fonn acceptable to the St. Lucie County Attorney, 40 feet
of additional right-of-way along the site plan's southern property line for the future widening
of West Midway Road, To the extent pennitted under the County's Code and Compiled
Laws, any such dedication may be considered eligible for Road Impact Fee Credits,
4.
Prior to the issuance of any certificate of occupancy or other use authorization for this facility,
the final plats for the Cooney-Midway Grove PNRD, shall have been approved by St. Lucie
County 'and all required improvements necessary to seIVice the Midway Energy Center site
consistent with that plat shall have been completed, or security provided for, in a manner
acceptable to St. Lucie County.
.
I
5. Prior to issuance of any development approval for any site construction, for Lot I, the
developer shall construct on West Midway Road, a dedicated eastbound left turn lane at the
intersection of the private roadway and West Midway Road,
6. The proposed private entrance into the subdivision shall be dedicated to the Master
Association.
7. The applicant shall connect to central water and sewer services upon the installation of central
water and sewer lines along West Midway Road, The use of the private well shall be
discontinued except for irrigation use until such time as an alternative water resource for
irrigation is available. .
8. Lot 3 shall be kept as open space in perpetuity as indicated on the PNRD Master Site Plan
9. All power lines for the proposed subdivision shall be required to be placed underground,
Partial Final PNRD
.
10, As part of the construction of this project, the developer shall be required to construct the
private roadway trom West Midway Road to the project entrance, All works in this are to be
done prior to a Certificate of Occupancy for the Midway Energy Center.\
.......
....,
February 8, 200 1
Page 9
Petition: Midway Energy Center
File No.: RZ-OO-OI8, PUD-OO-{)13 and MJSP-OO-OI2
I 1. Prior to the issuance of any certificate of occupancy or other use authorization for this facility,
the developer shall be required to construct a wes1bound right-turn lane in10 the facility at the
project entrance along West Midway Road.
12. Prior to the applicant being pennitted to increase the number of hours of operation for oil or
gas, the applicant shall be required to submit a modified PNRD application to be approved by
the Board of County Commissioner.
13, Prior to the issuance of any building pennits for the proposed structore or buildings on this
site, all exotic vegetation found on the site shall be removed.
Please contac1 this office if you have any questions on this matter.
Attachment
cs
cc: Midway Energy Center
Alfred J, Malefatto, Greenberg & Traurig
Greg Boggs, Thomas Lucido & Associates
Rich Ladyko, Culpepper & Terpening
File
.
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Section 3.01.03
Zoning District Use Regulations
I (
3.01,03
ZONING DISTRICTS
A.
AG-1
AGRICUL TURAL - 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 ·0· following each identified use corresponds to the SIC
code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under
the SIC code but may be further defined in Section 2.00.00 of this Code.
2, Permitted Uses
a. Agricultural production - crops (01)
b. Agricultural production - livestock & animal specialties (02)
c. Agricultural services (07)
d. Family day care homes. (999)
e. Family residential homes provided that such homes shall not be located within a radius of
one thousand (1,000) feet of another existing such family residential home and provided that
the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies
the Board of County Commissioners at the time of home occupancy that the home is licensed
by HRS. (999)
f. Fishing, hunting & trapping (09)
g. Foresby (oa)
h. Kennels_ (0752)
i. Research Facilities, Noncommercial (8733)
j. Riding stables. (79991
k. Single-family detached dwellings. (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 are subject to Section 7.06.00.
6.
Landscaping Requirements
ü
Landscaping requirements are subject to Section 7.09,00.
7. Conditional Uses
a. Agricultural labor housing. (9991
Adopted August 1, 1990
94
Revised Through 08101100
(
"""
....,
Section 3.01.03
Zoning District Use Regulations
b.
c.
d.
AircrG; i storage and equipment maintenance. (4580
Airports and fiying, landing, and takeoff fields. ('sa1)
Family residential homes located within a radius of one thousand (1,000) feet of another such
family residential home. (999)
Farm products warehousing and storage. (4221/4222)
Gasoline service stations. (5541)
Industrial wastewater disposal. (999)
Manufacturing:
(1 ) Agricultural chemicals (2")
(2) Food & kindred products (20)
(3) Lumber & wood products, except furniture (2')
Mining and quarrying of nonmetalic minerals, except fuels. (14)
Retail trade: .
(1) Farm equipment and related accessories. (999)
(2) Apparel & accessory stores, (56)
Sewage disposal subject to the requirements of Section 7,10.13. (999)
Telecommunication Towers - subject to the standards of Section 7.10.23 (999)
Camps - sporting and recreational. (7032)
e.
f.
g.
h.
i.
j.
k.
I.
m.
8. Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a.
b.
c,
Adopted August 1, 1990
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. (999)
"
95
Revised Through 08101/00
(
(
:{t
""'
"wtI
Section 3.01 .03
Zoning District Use Regulations
((
B.
AG-2.5
AGRICULTURAL - 2.5
1. Purpose
The purpose of this districl is to provide and protect an environment suitable for productive
commercial agriculture, together with such other uses as may be necessary to and compatible with
productive agricultural surroundings. Residential densities are restricted to a maximum of one
dwelling unit per two and one half (2.5) gross acres, The number in "0" following each identified use
corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to
a use not defined under the SIC code but may be further defined in Section 2.00,00 of this code.
2. Permitted Uses
f.
g.
i ( h.
i.
j.
k.
a. Agricultural production - crops (01)
b. Agricultural production - livestock & animal specialties (02)
c. Agricultural services (07)
d. Family day care homes. (9991
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 sponsoñng 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)
Fishing, hunting & trapping (091
Forestry (oal
Kennels, (0752)
Research Facilities, Noncommercial (8733)
Riding stables, (70991
Single-family detached dwellings. (999)
3. Lot Size Requirements
Lot size requirements shall be in accordance with Section 7,04,00.
4. Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00,
5. Off-street Parking and' Loading Requirements
Off-street parking and loading requirements are subject to Section 7.06,00,
6. Landscaping Requirements
Landscaping requirements are subject to Sectiq,1 , 7.09,00
7. Conditional Uses
a. Agricultural labor housing, (099)
b. Aircraft storage and equipment maintenance, ('5811
c. Airports and flying, landing, and takeoff fields, ('581)
Adopted August 1. 1990
96
Revised Through 06101/00
(
....
~
Section 3.01.03
Zoning District Use Regulations
d.
(
e.
f.
g.
h.
Family residential homes located within a radius of one thousand (1.000) feet of another such
family residential home. (999)
Farm products warehousing and storage. (422114222)
Gasoline servÎce stations. (5541)
Industrial wastewater disposal. (999)
Manufacturing:
(1) Agricultural chemicals (2")
(2) Food & kindred products (20)
(3) Lumber & wood products, except furniture (24)
Mining and quarrying of nonmetalic minerals, except fuels. (1.)
Radio, television, and microwave communication stations and towers. (999)
Retail trade:
(1) Farm equipment and related accessories. (999)
(2) Apparel & accessory stores. (56)
Sewage disposal subject to the requirements of Section 7,10.13. (999)
Camps - sporting and recreational. (7032)
Outdoor shooting ranges, providing site plan approval is obtained according to the provisions
of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code.
í.
j.
k.
I.
rn,
n,
8. Accessory Uses:
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a.
b.
c.
Adopted August 1, 1990
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 SectiOl1 7.10.04. (099)
(
...
97
Revised Through 08/01100
'-
'WI
Section 3,01.03
Zoning District Use Regulations
((
C.
AG-S
AGRICULTURAL - 5
Purpose
The purpose of this dislrict is to provide and protect an environment suitable for productive
commercial agriculture, together with such other uses as may be necessary to and compatible with
productive agricultural surroundings. Residential densities are restricted to a maximum of one
dwelling unit per five (5) gross acres. The number in "0" following each identified use corresponds
to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not
defined under the SIC code but may be further defined in Section 2.00.00 otthis code.
2. Permitted Uses
f.
g.
( ( h.
i.
j.
k,
j.
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)
Fishing, hunting & trapping (09)
Forestry (08)
Kennels. (07521
Research Facilities, Noncommercial (8733)
Riding stables. (7099)
Single-family detached dwellings. (999)
Telecommunication towers - subject to the standards of Section 7.10.23 (999)
3. Lot Size Requirements
Lot size requirements shall be In accordance with Section 7.04.00.
4. Dimensional Regulations
Dimensional requirements shall be In accordance with Section 7_04.00.
5. Off-street Parking and Loading Requirements
Off-street parking and loading requirements are subject to Section 7.06.00,
6. Landscaping Requirements
H
Landscaping Requirements are subject to Section 7.09,00
7. Conditional Uses
a. Agricultural labor housing. (999,
b. Aircraft storage and equipment maintenance. (''''1
Adopted August 1, 1990
98
Revised Through 08101/00
(
'-'
"""
Section 3.01.03
Zoning District Use Regulations
c.
d.
Airports and flying, landing, and lake-off fields. "56',
Family residential homes located within a radius of one thousand (1,000) feet of another such
family residential home. (999)
Farm products warehousing and storage. (422114222)
Gasoline service stations. (5541)
Industrial wastewaler disposal. '999'
Manufacturing:
(1) Agricultural chemicals (287)
(2) Food & kindred products (20)
(3) _ Lumber & wood products, except fumiture (2')
Mining and quarrying of nonmetallic minerals, except fuels I")
Retail trade:
(1) Farm equipment and related accessories (999)
(2) Apparel & accessory stores (56)
Sewage disposal subject to the requirements of Section 7,10.13 (999)
Camps - sporting and recreational (7032)
Off-Road Vehicle Parks, except go-cart raceway operation or rentals (1999), subject to the
requirements of Section 7,10.21 (999
Outdoor shooting ranges, providing site plan approval is obtained according to the provisions
of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code.
(
e.
f.
g.
h.
i.
j.
k.
I.
m.
n.
8. Accessory Uses:
Accessory uses are subject to the requirements of Section 8.00.00, and include 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. (999)
... .
Adopted August 1. 1990
99
Revised Through 08101/00
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Section 7.02.00
Planned Non-Residential Development (
7,02.00
PLANNED NON-RESIDENTIAL DEVELOPMENT
7.02.01
PURPOSE
The Planned Non-Residential Development (PNRD) District is intended to achieve non-residential land
development of superior quality through the encouragement of flexibility and creativity in design options that:
A. Permit creative approaches to the development of non-residential land reflecting changes in the
technology of land development;
B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and
thereby lower development costs;
C. Allow design options that encourage an environment of stable character, compatible with surrounding
land uses; and
D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision
of underground utilities, and the provision of recreation areas and open space.
7.02,02
PERMITTED USES
The following general guidelines shall be used in determining the petmitted use possibilities in any Planned
Nonresidential Zoning Development:
I
(
A. For properties located in any Residential or Agricultural classified land use area:
Any permitted, conditional or accessory use, including any standards, conditions and requirements
for those useS, as identified in the Commercial, Neighborhood (CN); CommerCial, Office (CO);
Institutional (I) Zoning Districts, and in the Agricultural land use classified areas only, any
non-residential permitted or accessory use identified In the Agriculture-1 (AG-1), Agricultural-2.5 (AG-
2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply
with the requirements of Section 7.10.23.
The general standards, conditions and requirements, as found in this Code, that pertain to conditional
and accessory uses shall be used in the determination of the compatibility of the proposed use(s) with
the surrounding land üses In the review of the Planned Nonresidential Development. All applications
for Planned Nonresidential Development shall Include a complete identification of all planned uses
and activities,
B. For properties located in any Commercial.or Industrial classified land use area:
Any permitted, CGI1ditional or accessory use, indtlding any standards, conditions and requirements
for those uses, as Identified in the Commercial, Neighborhood (CN); Commercial, Office (CO);
Commercial, General (CG); Industrial Light (IL); Industrial Heavy (IH), Utility (U) and (I) Institutional
zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1
Adopted August I, 1 ggQ
382
Revised Through 08101/00
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(
Section 7.02.00
Planned Non-Residential Development
(AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code.
Telecommunication towers must comply with the requirements of Section 7.10.23.
The general standards, conditions and requirements. as found in this Code, that pertain 10 conditional
and accessory uses shall be used in the determination ofthe compatibility of the proposed use(s) with
the surrounding land uses in the review of the Planned Nonresidential Development. All applications
for Planned Nonresidential Development shall include a complete identification of all planned uses
and activities.
7.02,03
STANDARDS AND REQUIREMENTS
Standards and requirements for a Planned Non-Residential Development shall be as follows:
A. MINIMUM SIZE
The minimum lot size requirements for a Planned Non-Residential Development shall be as follows:
1. Any Planned Non-Residential Development in a Residential Land Use dassification shall
comply with the minimum lot requirements in the Commercial Neighborhood (CN) Zoning
District.
2. Any Planned Non-Residential Development in a Commercial, Industrial or Mixed Use Land
Use classification shall complywith.the minimum lot requirements in the Commercial General
(CG) Zoning District.
3. All Planned Non-Residential Development shall be under common ownership or control.
B. DIMENSIONAL REQUIREMENTS
Minimum dimensional requirements shall be in accordance with Table 7.10 in Section 7,04.01,
provided, however, that the Board of County Commissioners may condition approval of a Planned
Non-Residential Development upon compliance with more stringent or restrictive dimensional
requirements in order to ensure compatibility with surrounding land uses, to mitigate impact on the
environment and natural resources, to ensure public safety and to ensure compliance with theSt.
Lucie County Comprehensive Plan; and,
any structure on North or South Hutchinson Island that has not been occupied. constructed, or has
not received a building permit, site plan or other County development approval as a permitted use
prior to January 10, 1995, the requirements of Section 4.01.00, l1utchlnson Island _ Building Height
Overlay Zone shall apply.
C.
PUBLIC FACILITIES
....
1. The Planned Non-Residential Development shall be designed and located so there will be
no net public cost for the provision of water lines. sewage lines, storm and surface drainage
Adopted A~gust 1, 1990
J8J
Revised Through 08101/00
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Section 7.02.00
Planned Noo-Residential Development (
systems, and other utility systems in order to ensure compatibility with surrounding land uses,
to mitigate impact on the environment and natural resources, to ensure public safety and to
ensure compliance with the SI. Lucie County Comprehensive Plan.
2. The minimum size of all water mains used, or intended for use, in fire protection activities is
six (6") inches. Actual water main requirements will be determined by the SI. Lucie County-
FI. Pierce Fire Prevention Bureau.
3. The minimum size of all water mains used, or intended for use, in fire protection activities,
that are located on a dead-end water main is eight (8") inches. Actual water main
requirements will be determined by the 51. Lucie County-Ft. Pierce Fire Prevention Bureau.
The maximum number of fire hydrants that may be located on any dead end water main is
one (1).
4,
Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet
unless otherwise approved by the SI. Lucie County-Ft. Pierce Fire Prevention Bureau.
D. TRAFFIC AND PEDESTRIAN CIRCULATION
~
1.
Every use permitted in a Planned Non-Residential Development shall have access to a public
street either direcUy or through an approved private road, vehicular accessway, a pedestrian
way, or other area dedicated to public or private use.
,
2, Principal vehicular access points shall be designed to permit smooth traffic now with
controlled turning movement and minimum hazards to vehicular or pedestrian traffic, Minor
streets within the Planned Non-Residential Development shall not be connected to streets
outside the development so as to encourage their use by through traffic.
3. The proposed Planned Non-Residential Development shall be designed so that it will not
create traffic congestion on the arterial and collector roads surrounding the project, or such
surrounding collector or arterial roads shall be improved so that they will not be adversely
affected.
4, Streets in a Planned Non-Residential Development may be dedicated to public use or
retained under.private ownership, Said streets and associated improvements shall comply
with all pertinent County regulations and ordinances, however, variations to the standard
minimum right-{)f-way widths may be considered as part of the Planned Non-Residential
Development if it is shown to the satisfaction of the CounlY Commission, that the requested
variation is consistent with the intent of the County's roadway construction standards and
necessary for the design of the Planned Unit Development.
~ .
5. Any pedestrian circulation system and its related walkways shall be insulated from the
vehicular street system.
Adopted August 1, 1990
384
Revised Through 06101/00
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(
Section 7.02.00
Planned Non-Residential Development
6. All roads and s¡reels shall intersect al an approximate ±5° angle of ninety degrees (90°)
unless circumstances acceptable to SI. Lucie County indicate a need for a lesser angle of
intersection.
7. Street jogs or centerline offsets between any local street or road wilh another local street or
road, shall be no less than one hundred fifty feet (150).
8.
The intersection of any two local roads or streets with a Major Collector or Arterial Roadway
shall be separated by a minimum distance of six hundred sixty feet (660), as measured from
centerline to centerline,
I
9.
Permanent dead-end streets shall not exceed one thousand feet (1000) in length,
Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five
hundred and one (501) feet in length, The length of a dead-end street shall be measured
along the centerline of the street from the its point of perpendicular intersection with the
centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs
shall have a minimum right-of-way diameter of one hundred (100) feet.
,
If the dead end roadway is five hundred (500) feet or less in length, a "Y" or""" type of tum
around may be approved.
~
If a dead end street is temporary In nature then a temporary cul-de-sac shall be required until
the roadway is connected to another street or road.
In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass
and landscaping that will not Inteñere with sight distance, may be provided. Center Islands
shall have a diameter of not less than seventeen (17) feet, unless otherwise approved
through the review of the Planned Unit Development.
10, All roadways, exclusive of interior parking and access aisles areas, regardless of ownership,
shall be located a minimum of ten (10) feet from any exterior building walls, except for
security gate houses or similar security structures located in a private street or road right-of-
way,
11. Access points on all collector or arterial streets serving a Planned Non-Residential
Development.shall be located and spaced so that traffic moving into and out of the arterial
streets does not cause traffic congestion,
E. PARKING AND LOADING
1. General Provisions
Ii. .
a. The number, type, and location of parking spaces shall be determined at the time,of
final Planned Nonresidential Development plan approval. The determination of the
number of spaces required shall be based on Section 7.06.02 of this Code, The
Adopted August 1. 1990
365
Revised Through 08101100
'-
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Section 7.02.00
Planned Non-Residential Development (
number of parking spaces required by this section may be reduced based on
substanlial competent evidence that the reduced number of spaces is adequate for
the proposed use or that parking may be shared by proximate uses that operale at
different times or on different days.
b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to
Section 7.06,02(B)(4) of this Code.
2.
Off Street Parking and Loading
I
~
Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03
of this Code, and the following standards:
a. Off-street parking and loading areas shall be designed to provide travelways
between adjacent uses while discouraging through traffic.
b.
Off-street parking and loading areas shall be screened from adjacent roads and
pedestrian walkways with hedges, dense planting, or changes in grades or walls,
t
3.
On Street Parking
In Planned Non-Residential Developments. on street parking rnay be used so long as the
road on which the on-street parking is proposed lies entirely within the limits of the defined
Planned Nonresidential Development and such parking would not contravene any other
provision of this Code or the St. Lucie County Code of Ordinances. Where such on street
parking and loading is used, it shall be consistent with the following design standards:
~
a. The minimum size of a parking stall shall be as follows:
parallel
angled
handicapped (parallel)
handicapped (angled)
8 feet X 23 feet
10 feet X 18 feet
12 feet X 23 feet
12 feet X 18 feet
b. Handicapped parking spaces shall be appropriately marked,
c. Access for emergency fire vehides shall be in accordance with NFPA standards.
d. No more than fifteen (15) parking spaces shall.be permitted in a continuous row
without being interrupted by a minimum landscape area of 360 square feet.
F.
LIGHTING
...
All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous
interference of any kind to adjoining streets or properties.
Adopted August 1. 1990
386
Revised Through OBlO 1/00
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(
Section 7.02.00
Planned Non~Res¡dential Development
G. LANDSCAPING AND NATURAL FEATURES
1 . Native trees and vegetation and other natural features shall be preserved to the extent
practicable.
2, All sensitive environmental vegetation, trees and areas shall be preserved to the extent
practicable.
I
.
3. Landscaping for off-street parking an{1 loading areas shall meet the minimum requirements
of Section 7.09.00.
H.
OPEN SPACE STANDARDS
1.
For development projects of less than ten (10) acres, a minimum of twenty (20) percent of
the gross area of land to be committed to a Planned Non-Residential Development must be
for use as common open space, which may include parks, recreation areas, bicycle and
pedestrian paths and facilities, marinas, swimming beaches, common open space, common
landscaping or planting areas, or other areas of public purposes other than street or road
rights-of-way, utility easements, excluding exclusive stonnwater treatment facilities, and
parking areas.
I
j
,
For development projects of ten (10) acres or more, a minimum of thirty-five (35) percent of
the gross area of land to be committed to a Planned Non-Residential Development must be
for use as common open space, which may include parks, recreation areas, bicycle and
pedestrian paths and facilities, marinas, swimming beaches, common open space, common
landscaping or planting areas, or other areas of public purposes other than street or road
rights-of-way, utility easements, excluding exclusive stonnwater treatment facilities, and
parking areas.
~
At the request of the deveioper, and subject to the approval of the Board of County
Commissioners, use of recreational facilities may be offered to the general public.
A minimum of 15 percent of any existing native upland habitat on the property, must be
preserved in its natural condition as part of the required 35 percent common open SP¡;¡ce,
For each acre of preserved native habitat above the required minimum 15 percent that is
preserved in its original state, credit shall be given at a rate of 150 percent per acre towards
the remaining common open space requirement.
All areas to be dedicated for common open space ~hall be identified as part of the
Preliminary Development Plan for the Planned Nonresidential Development. Areas that are
floodways, lakes, weUands, and stormwater retention areas may be applied to satisfy the total
common open space requirement sUbjEj ?l to the requir~ment that 15% of any existing native
habitat on the property must be included as part of thë required 35% common open spa~.
As part of the Final Planned Nonresidential Development submission process, the developer
or petitioner for the Planned Nonresidential Development shall provide for one of the
Adopted August 1, 1 g90
387
Revised Through 08101/00
. .
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.....,
Section 7.02.00
Planned Non-Residential Development f'
following:
a.
The advance dedication of all common open space to a public, or acceptable private,
agency that will, upon acceptance, agree to maintain the common open space and
any buildings, structures or improvements that have been placed on it. All such
dedications or conveyances shall be completed prior to the issuance of any building
permits, including land clearing, for any portion of the Planned Nonresidential
Development; or,
1
~
,
.
b.
A phased conveyance of the land to be used for common open space to a public or
acceptable private agency that will, upon acceptance, agree to maintain the common
open space and any buildings, structures or improvements that have been placed
on it. The schedule for the phased conveyance of any such lands to be used for
common open space shall be a specific condition of approval for the Planned
Nonresidential Development.
.
4
2.
Areas provided or reserved to meet any other environmental preservation or protection
requirement of this code or other lawful regulatory authority may be counted towards the
overall common open space requirement. provided that the common open space meets the
requirements of this Code,
I
3,
All land dedicated for common open space shall be physically part of the Planned Non-
Residential Development.
~
I. PHASING
1. A Planned Non-Residential Deve10pment may be developed in more than one (1) stage or
phase.
2. If a Final Development Plan approved by the Board of County Commissioners is to be
developed in stages or phases, each successive phase shall be constructed and developed
in a reasonably continuous fashion. The final stage or phase shall be completed within ten
(1 0) years of the date of final development plan approval. Any extension of the above
requirement is subject to approval by the Board of County Commissioners unless othelWise
amended by the Board of County Commissioners,
J. SIGNS
1 . Signs within any Planned Non-Residential Development located in a Residential or
Agriculturally classified land use area shall comply with the proVisions of Chapter 9 applicable
to the Commercial Neighborhood'(CN) Zoning District; provided, however, that the Board of
County Commissioners may condition aRProval of a Pljlnned Non-Residential Development
upon còmpliance with more stringent sign regulations in order to ensure design consistency
throughout the proposed development, to ensure compatibility with surrounding land uses,
to ensure public safety and prevent public hann, and to ensure compliance with the St. Lucie
Adopted August 1, 1990
388
Revised Through 08101100
'-
-...I
t
Section 7.02.00
Planned Non-Residential Development
County Comprehensive Plan.
2.
Signs within any Planned Non-Residential Development located in a commercially or
industrially classified Land Use Area shall comply with the provisions of Chapter 9 applicable
in the Commercial General (CG), Zoning District; provided, however, that the Board of
County Commissioners may condition approval of a Planned Non-Residential Development
upon compliance with more stringent sign regulations in order to ensure design consistency
throughout the proposed development. to ensure compatibility with surrounding land uses,
to ensure public safety and prevent public hann, and to ensure compliance with the St. Lucie
County Comprehensive Plan,
.
1
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Adopted August 1, 1990
3S9
Revised Through 08101/00
A Petition of Mi~ ý Development Company for a char......, in zoning from
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ST.LUClŒ,'OUN,TY BOARD Of
COUNT COMMISSIO~ERS"
PUBLIC fARING AGENDA
\ rch 20, 2001,:'
2. Rose Kyle Properties, for 0 chonge ~n ~oningfrom CN
(Commercial, Neighborhoodl :>;0"in9 d'stroct ,to CO (,:om-
merdal. Office) roning dis.,iet for the fOUOWH\g d.ncnbed
property.
The we~ ¡ /2 01 101·62 of White City Subdivision of
sections 3,4,5,8,9 and 10. Township 36 South, Range 40
East, St. Lucie County. Florida o!. recorded in Plo~ 600k I
page 23 St. lllçie County Public Records, $1. Lucie Coun-
ty, FI()<"ida: leu the west 355 feet of said 101-62 and. I~u
t"'-"rOQd righi-aI-way if west Mid'W'oy Road. Containing
JJ!2..acres·1°r.e_9rJ.e~,-v-j(. ,.....,~ ".,o.;~,.....
~~·"'fI.~ ",~~:' -:'"".,: ":~~'i':--..~~>_
Toïo;'!d No. 40J_502_009N-oÒÒ/6 "
. ';'::"':/ ":;".1"
Location: Soulh side of West Midway Roocf.··opproj(.l-
mately 500 feet east of S 25th ~Ir_t
3. Vedic: Cutlural Sodely, Ine, fOr 0 change In zoning from
CG (Commercial. Generol zonlng distr¡ct·~,-RF ,(Rell~iou~
Fqcility) zoning district for the followmg --described
property: ..' ,
That part of White City sj~i~.¡s¡on sedian ~ OTWp· 36 S.
RNG "0 E being more portic:vlorly descr,i~.at·f~'!,?ws
the nOrth half of the"souttJ,half of the lot>242..-1ess·tfie;east
200' and less the sQUt~ 20' ~ereofPlat;~k J 'page 23
St. Lucie County, FlPvi;tlic Reco(d~_ D!l:SUlptl?n,of-.I\g~
men" line A ceitoin 'line dl...kli",,'.a'n'-o~'of·"dlspvte
betWeen the north Oft.! ·holf al)d t~": ,iQ!.!.tþ.ane-hof' c;'f lot
2..2" of White City~Subdivision os rltCOfded;.,in the Plot
boo';: I, at page 2'~ of the public record~;~ St. .LUCB
CoùnfyFlorida 011 lying ond being In Sed/col0_Town-
ship 36.South Range"O East a~d being ~e~rtlcu.larly
cles(;ribed as follows. CommenCing ·at !:he: I~~~-:of
North line of said lot 2..2< of White clty'$.übdMs)on al
established by'subdtvislon of l¡Q.id._lectIOf!t'lQ~lTownsh'p
36 Soulh Range ..0 East at Ihe ""est ri9.h,t o(-~_ ot,-s.tote
road~ No.5 (0.5. Highway. ~:qt-~~.;on,~.'a~~ed
bear.lng of S 00103'..3- W-èlong JQh:;I~ht.1ll~k:t
right of way belr¡g parollel witt. and "2pO ~~_,,,,.
·I/..·_Hellon Iln. of said Section-.'¡O"T~I~ª_:36-~
Ronqe "0 East) 0 distance of 325.18 f_tO· 'c:lrL1rO!'l ,~
and ,cap stamped "JG~_ 2791" a~. ~..¡~t-.b.f~~~~:
of the herein desGribec:llin, lold- poh"::þe1hg ·1~.-o.9:f6et_
north of the norih right of~woy.of,the'.'-~0·Q9·~'·,'~~
righi, of way of UlrIck Rood. os now klld. èind:.:J!'.. ~Se;
Therice 89(5tt'13"E 0 drstance of 62T.36 ffHIti to·ã"",·lron.
rod and cop ,stomped "JGA 2791" a.' the westl1nø ~;-soid
lot 2"2. sold pçint being _S OO(02~.,-E,aA~J!aI1Cel.,~o!'.
'~321.2a feet~south -of the l'!ortIíw.~'M,jot,2~2.as'
measured along said west line _end the end· of th.lI;
described line. -
TO WHOM IT MAY CONCERN:
NOTICE j~ hereby 'given in acXOf'dancd with 'Section
11.00.03 of the 51. Lucie County Lbnd Development Code
and in aççordance with the prokisions Qf~he St., Lucie
County Comprehensive Plan, tho~the followingoppllcont
has requested that ,the St. Lucie çounty Board of Counfy
Commissioners con~lder their r~uest os folloW¡,
. ,
1. Midway DeveloP!'1ent ComPany. for CI change In zon-w
iog from Ag 2.5 {Agricultural,n du/2.S Qcres and AG.1
(Agricultural, 1 d.u/ocre zoning disfricts to_th"..PNRD
(Planned Non.ResidentiaIOhtrict) zoning district for the'
following described property:
THE EAST ONE.HALF_GF THE NdRiwill-E-ST' ONE
QUARTER OF SECTION- 3. TOWN5.HIP 36 SOUTH,
RANGE 39 EAST AND tHE SOUTHE4ST ONE QUARw
TER OF THE SOUTHWEST QUARTER.þF SEcrION3...
TOWNSHIP 35 SOUT". RANGE 39 ;fAST¡~'ltsS--AND
EXCEPT, RIGHTwOF-WAYS-FOR"'MrDWAY ROAD.
(COUNTY ROAD 712) A 70:,FOOT.:WIDE-RfGHT.OF~
WAY AND THE NORTH ST.· LUCIE' RIVER WATERCONw
TROL DISTRICT CANAL No. 93. A 78 -FOOT WIDE
RJGHT·OF-WAY ALl. LYING IN ST.. ,LUCIE COUNTY~
FLORIDA ALSO DESCRIBED AS:-' A PARCEL':iOF LAND
LYING IN SECTION 3. TqWNSH!P. 36"SOUTti. RANGE
39 EAST AND SEÇTION. 3...· TOWNSHIP. ,35 SOUTH,
RANGE 39 EAST·ST.LUCIE CQUNTY;'FlORIDA AND
BEING MORE PART"ÇUWLt .Ð~ptIP!..·,.IPE.O}~. FOL-
LOWS: COMMENCE A;T THE·SOllT~ ceR'NER OF
. THE NORTHWE$'I: QUARTEt¡, Of;,~.D SEgl,ON 3;
THENCE NORTH. 00'16'38- WES't1).J.ÖNG:TrtE·. EAST
LINE OF THE NORTHWEST QU"'~TeR_':OFSAID SEC..
TlON 3 A DISr;ANCEOF 39.47.f~~rto THE,NORTH
.RIGHT-OF.WAY LINE OF MIDWAy\dAO'(COUNTY
ROAD 712) A 70. FOOT WU;);I;. RIGHT~FwWAY;
THENCE SOUTH ~9'''8'08~ ¥lESt ~ON9'_THENPRTH
~IGHT--QFwWA.Y LINE OF .MIDY'(A¡Y" RO~P:{cQUNTY
ROAD 712) A;'DIS-TANCE QF 39.oç;-FE:ET·TO.rHE·weST!
RIGHT-OF~WAY LINE: OF NQRTH ST~ 'l1jèJE;RIVER j
WATER· CONJROL DISTRICT. 'Q\NÁt" NUMBER '93 AND
THE POINT i OF BEGINNING;;:[HENCE CONTINUE
ALONG TH!:· NORTH RIGHT~OF+WAY tiNE OF SAID
MIDWAY RÓAD SOUTH 89....8·08· WES:r:-A'DISTANCE
OF 1288.78 FEET;'. THENCE DEP)l¡~n. ING-$.ND. RIGH. T-
OF.WAY LINE NORTH 00'1.8'53'; WE$Tl~'~,þ,ISTANa;
OF 2622.25 FEET TO AN INTER;SEÇTION' WITH THE
NORTH LINE-OF THE NORtHWESr'OOi'fft:ER;QF SAID
SECTION 3¡ THENCE NORTH OO-O"'5T·'~.A DlS.
TANCE OF 1,31B"'7 FEET; THENÇE~N.q"~ì8_9'S9·"1-
EAST A ~ STA""CE"OF 1288.9.t'I;1F~Er:TO:~WINTON
THE WliST RIGHT--QF·WAY '-UNE:PF~f ~,:.qA.NAI.:
NUMB~,. 93;' THENCE SOÛ'r!::1,'Oo'-ob ,,3~~-:WESt· <
ALONG THE "WEST 'RIGHT w(j:F1WA-~{tfJ"(E:-b¡;," SArb'
CANALtl:·HiM8ER?3 A. DrSJ~N.~f J.~l4.:~7_ f~,tQ,;
THE .INTfRSECnON·WlTH__Tf:tE','t'::tOR-THJttNe.::Of .THE
NORTI1WEST QUARTER OF S~I[):~$EÇT Ot'll"3(.THENCE
CONTINUE ALONG THE WfS:T.'-RfdHr..oF..~Wì;:Y LINE
OF CANAL NUMBER 93; SOUTH 00'T6"38" EAST A
DISTANCE OF 2617.'" FEET RETURNING¡,TO THE
.,NORTH· .RIGHT. ·OF·WAY Ut4~"OF -MIDWAY. -R.OAD
AND .HiE. '.OINT ..0. ,'f, BEG.IÑ$.. JNG. . ,...:.'..·..5.. ."'.. ..D...,\.'..~.......,P.PE... T¥....
CONTA~~S 1:.16.:6lrcRES..~~J~f:OR.~ES~I.f~".L .. :"'_:_;,
Tox·ld. r-:Ìo. 233~-3~¡0~0000·_I~i;·.:,,' _:,;. .>~,:.::..::-:,...,. "1 ~.. ;
~:;:J~:~:i:r./~.~~~·..L:~iltl~~liii
west~ofl'hterslote'~95'''''' '," - -\-';,. -". ..
. .. ,.'. .~
Tax Id. No. 3-403.502-0312.000/!;.. , .
it' . .. :
Location: North side of Ulrich Rqa4;~~lmately -250
feet west ~ So.uth U.S. Highway "~o~ "-
. .' '. .;.~,,;{¢. -".
A PUBLIC HEARI~G ~n be he1Íi~""'¡¡;è'~.-C.ommil-
slo" Chambers, 3rd N~ of.t ;(e ROQ~'!~~*1~I"'.~.
tion Annex Bulldl"g; 23b.0·Vlrglnfa^venu..-f,&t Plerc.er
Flo(Ì.da.,C!n Mar;c.11 f20i,2!?01~-begi(1,'1!~~{1~;e.~ ;~~
soan ther8?ft,~..as '~J¡ble.· ... _ _\;:.' ,,~-._.:t,_:; ," _
PURSU":N'T ;:0 Se6ion 2'86.01 05, Florida SlattJ!es~ . If._ ~'
person d'!'Cidt!s.tO ofJPeO! OAYd.ec lloo,.,~.:by.a.-boqr~t,
agency, (J( cèmmlssTOf' .wlth respect to"cI"y m9ffet Con5' w
ered ata meeting or' h.-bring, he will need 0 record of·the
proceedings. and that,:for sucn purpoH, h~ may- need to
ensure tl1at a verboti_m record of the pr-oceedings 11 .mode.
which récord hícludès 'the testimony a.rtd.evlçtenc;e,upon
which the tlppeel is tO,be ba..SðC:I.
BOARD QF·COUNTY COMMISSlqNER5
ST.. LUCIE COUNTY, FLORIDA."
151 Frannie Hutqr.inson. ÇHAUtMAN. ..
.
Publish, March 1,,0, 2001
'.:,. ;;'
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"
UJ!~~/~VU~ ~U.~~ r~A ~U~~U~~LJ~
,).1. Ll'I.".I..l:. \"U "VAl
Rick Minton
'-'
2100 Sunrise Blvd. Suite A * Fort Pierce, FL 34950
l'Im:h :B, :an.
IDIÐ CF CI:I:Næ ~
Saint Lucie County
2300 Virginia Avenue
Fort Pierce, FL 34981
Rick Minton Realty, Inc., Realtor, was never COntacted· by' ~. regardÍl!9
the purchase of industrial properties located in Saint Lucie COunty.
There are industrial parcels available throughout the county.
Sincerely,
BlllÏDeu (561) .467-1350 * Fat. (561)'"7-1138
~U4
9
...
03/29/2001 20:30 FAX 5614822131
".~ 29 Dl DS;14p
ST LlIe I E eo ADM
5Gl~~"'2Ð
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PLOIUDA FUMBuuAC IlfSUR.\NC5 CoMPANmS
3327 Orange Awnue . Pan Pierœ, PI. 34947 ' Phone: 561.465.0440
561.871.1183_ ....: 561.465.0428
March 29,2001
The Honorable Fran HUlchinson, Chairman
SL Lucie County Board OfCQUDIy CommissioneTS
2300 Virginia AVe. '
Ft. fierce, Florida 34987
Re: PToposed Enron Power Plant Location
Dear Ghairrnan Hlltchiosoo.
OD behalf of the Executive Board of Directors orehe Sf- Lucie County Farm
BUlcaI!. 1 wish to have the folJowing Comments entered ioto Ihc Official Public Record for
PublicC=lmenI withreprd 10 the above referenced Power Generjttion Facility.
The Farmer MembershipoftheSt, Lucie FIìrm B\J/'eau is ìri general suP1J01't of the placement
Df Next Genen¡lÏon Efficient Power Generating Facilities within St. Lucie CoIDlIy
ao.d further. wishes tQ commend thescvcral Energy ComplUUès presently
consideriIlg the location of New Facilities in our county, as a benefit to the provision of
stableandrost effective SQlU'Ces of eléctric power to tbe excisin¡¡ in~. agriculture and
consumer base in our local area. We, hoW1:VeT, do have some very real concerns with qard
to Ihc placementoftl!ese facilities within Agricultural Productions Area¡¡. specifically the
demand for exisling water resources required to serve the proposed Power phillis. 8IId the
seeming lack of existing or proposedwatcr re<:hargc facilities to compensate for the 1,000,000
+ gallon per day demand that the proposed plants are te¡IOItccl~ require for operation.
As you may bc aware, when planning for the construction of even a small agricultuœl
operation, $Uch as it 4D ac=. citrnsgrovr:, approximately 179/01020%, of the toW land area
IDWit be uñUz.ed to f8cilitatc the water resoun:e reqllinomeuts ofbath Slab: and local agencies.
quite oftenresuIting in " watenetetttion facility dèsigned for both reten~on and discharge
attenuation pUIpOses, This in addition to SFWMD requircmen.t.s for the installatiOD of
low-volumeirrigationsystemsund filrer manhplantings fór WIIt<;r quality .
enbanccment.
Wbilenot being able to review detailed plans for the proposed root acre EIII'OD Facility.
Our Board has cons that furore impacts to water resources in Ihe Immediate area of
thc Facility ha_ DOt been properly address, with consideratiO¡t to the surrounding
[¡!¡01
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FLORlDAFABMBUJlBAtJ INSDMNCB COMPANœS
3327 Oran,. A_ue . Fon Pierce. PL 34947 . Phon., S61.46S.0440
S6r.87T.1I 83 . Fax: S61.4~S 0428
~CU tura.l Pro~e..
Further, withinSc; Lucie County, tlíere e>dstsadequatc lndu.sIria12\oned Property, within
e....blished Industrial Parks and Facilities ,which are designed to 1II:<:0ml11odate the expected
impactS to water¡ tnmsportaion, 3% (f public facilities. It is Our position. that the Propoeed
Facility sbould be more properly Ioça¡cd wilhin one of the existing Induma! Areas alrœdy
Zoned to açço"u"odarethe ProposedF.ïçility,
In ck>sing, Thank' You for the opponunity to present the above COm TIenls_ On bchtùf of
O"-'-Countywide Membe~hip.
Respectfully Submitted,
~ 1J.~dt-
Philip P. StrazzuU... President
St. L~County Farm Bureau
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1 page of two
Richard Lindquist, MA
116S0 AppaI~ Court (pony Pines)
Port saint Lucie, Fl 34987
461-2520
e-mail: acesboer@aol.com
Saint Lucie-Çowtty Commissionen
Esteemed Commissi0ner5,
I am a'concerned cítizenofSaintüwieCounty residing in Ihtllfea oou\hwcst (mostly
west) of tile Il,,~ proposed peeker plants. 1, my family and many othen; resideuls lire
living dire¡;tfy downwind in what will be the particulate "faUout zone"1Ì"om the
emissions of these five plant.. A1 this time I am vigorously opposed to allowing five of
these plantJI to locate in our county, 1 am particularly <>PJ>08ed to 1/1e present proposal to
spot ZOM the Midway Road site for the Enron plaut. The Iatt« is for economic as wen as
quality of life (health) reasons. It œlong.'l, if anywhere. in a ~Iy zoned industrial
site,
The e1f.:çt¡ of the emissions from the proposed Enron plant were discussed in the last
Commissioœn meeting; 'There are twoothet' ~e y ¡'npoib.nt~vironmental questions
that had no or only the bam;t of discussion that late night. The ~gray water" used by four
ofthefiv..proposcdp\antswillbe-emítted u steamduring~tion ofth...., pllUlls as
wen as part of the mùssions when fossil fuels are burned, "Gray wilier" is
conta...;.....t..dwith Itlmetl1ln2. What'will bt-theimpactofthe~ates that wiU fall
back to earth from these co(ltominant.s? Further and most itnport.ant!y, what will be- the
eembIJtÑ.eft'eeQoftl1ese-and theoth« kMwnparticulatcs &om~e five proposed plants
on the long-term health and quality of life for the citizens of Saint Ùlcie County?
t............thoøe-."n..wJn.ohllflft-eLt!u: IIrollolcd IIlants)
I
There was much "Science" presented at the last commissiooen Iœeting, Being a penon
ofscΫ\<;~myøelfTurgo-yOll toconsidc!'tb..-following; Scimtific''facts'' antsimp!ytl¡e
best knowledge we have at the momcnl: that ha.ve not yet been disproved Value the
lCÏeoce:IbllOtforget, however; thatitisandaJways-wiIIœ~ to our" best present
knowloodge". As IIICh. the scientific predictions on the effc:d9 of these fivoo combined
plarm deserve your cautious skepticism and careful delik ..tiÙlkc ~istory is replcte with
examples ofb1ind reliance on ~best present knowledge" resulting ill environmemat
disaster, Be especially skeptieaJ·what these ":facts" ~pres~ by paid experts hired
by those with vested, strictly ecocomic interests in the matter. I am in great hopes the
Boaniwm follow~ontheir-plan-t<>~ult Ïft~(pell.e~ experts on ~e matter.
Further, I hope these independent experts wdl be avallable for In depth qUes!1ons fi'om
the public at ~rcasonablchour during the next orsomc-~Co..u,.;.s;~~
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Allow me to COIl1llWnt on the general íõe4. of these power pIaDts. ~ocating in our county.
No one ever died ftom a lack of electricity. Indeed, far more people die from electricity
than tlom being without it. These are no doubt~ ~ words to your ears. I
say them fpr two reasOl$, .
Fizst, I say them 1<> remind you hwna.aity once-livedquitenìeely wifhout electricity. This
is bard to appreciate in today's energy dependent society. Nonetheless, we will not die if
our power ~ out. SomeofmyfeUow cÎtiZeu!., Lowevç" seeÐ;t to harbor a fear they
will, This is the fear the pow"," industry i. playing upon behind'their ........tion: "look at
~sitllatiooUtCalifornia; youneetlfuesepeek.....p\ants", Seea¡Jdly, we here in South
Florida will not need the.. plBnls for their electricity ¡fwe do tWo things. I} Learn to live
~COIISerVativeIy re&<udi..g ourenergyconsumptÌOJt. (1be-~ mergydependent we
are II.!! a society they healthier we will be as a society) 2) Vigorously promote in penoaal
andpolitical~es the developøtent of nntural renewab\ð· en,ergy resOllJ'CC9 such as
sollll'. wind and hydroelectric. It is inconceivable that here in the ISod of perpetual
su~~statodoossolittlet<tp, u...ute~d~elol''''Gilt T use of solar power.
Finally, there is the assertion recommending approval of these plants that they will
increaseourta>< base, J WOIJld eounter withthree-~ I) What impact will
decreased property valueaaround these plants have on the tax base? :l) What economic
impactwillthereœon-~countyifmanyaverage-1o~erage income citizens
SwtOWlding these plllJll:s decide to move out of tho aru for qUality oflife reasons? These
citizens will take thW large dispeeable inœmes and their 1IpO~ habits with them. The
imnwliate eIfect 011 our tax base might"" a net gain but wba! about the long.term effect?
Ðenrog¡..¡Jb.;.... doabift~issues-like this; bat-tlteyllldfhlowly. If IIU of these pllllll3
are approved foe our area, I myselfwiU find it difficult to justifY t......;nõ"g a Saint Lucie
Coumy resi(lent for the long term.
Thank you fOr your consideration of these commenb and efforta for our county in this
matter.
Richard Lindquist MA
--
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003/01
....
OJ/29/2001 20:5J FAX 5614622131
ST LlIcrE CO ADJI
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Ralph "Cap" e.ln m
DeveloÞmeat OwuJultaat
Lla__.d·P_1 ...... IIroIEer
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March 29,2001
Board of County ColDmÍ85ioners
2300 Virgjnía Avenue
Ft. Pim:c. Florida 34982
Re: Rezoning of the Cooney property to accommodate the Enron Corporation
Dear Commissioners:
I represent the LTC Ranch Joint Venture and rm Limited. property owners who border
the Cooney property to the south and east. These two properties represent an estimated
2,600 acres de$ignated ror reooential development. My clients oppose the rezoning of the
Cooney property to aœommodate the development ofa peale power plant. The County
Commission now bas the respønsibilityof detennining how this rezoning will impact St.
Lucie County. adjacent residents and property owners. I am writing this letter asking eac~
ofyoutocoll9idertbe adverse impact and development pattern change you will create by
locatÍIIg a power plant adjacent to a proposed quality residential neighborhood
The SI. Lucie County Commission, according to the Land Development Code, is required
to consider the extent to whicb the proposed aw..udI.a¢lII isinc:onsistent-withthe existiDg-
and proposed land uses, A PNRD permits creative approaches to development of
nonresidential land. allows design options that encourage an environment of stable
character compatible with surrounding land uses, and permits the enhancement of
neighborhoods through the preservation of natural features. Clearly. the proposed rezonmg
fur the power plant is notcompatible.with.tbeexistingland uses in the area or the proposed
residential development of the property located to the east and south.
The standards of review in the County's Land Development Code also requin:s the
Commission to consider whcthtr and the extenltowhicb the proposed amendment woui!i
resuh in an orderly and logical development pattern, specifically identifying any negative
effects. This power plant will alter the development pattern of the surrounding properties,
and have a negative effect on property values. Your own staff's report clearly states that '.
the PNRD will provide for a change in the overall development pattern in the surrounding
area. We a¡µee withyour staff'SassesSIDent sincctlte 2,067 acres immediately south of the
property to be rezoned bas already been approved for 6.500 residential units.
The SL Lucie CoW1ty Development Code also requires the ComltÚssion to consider
wbe\ber and the extent to which the proposed amendment would adverseJyimpactthe
natural environment. I understand that the Commission believes the SFWMD is the agency
responsible for reviewing and determining whether the water requested' by this facilityi!¡.
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reasonable or barmfu1 totbnurroundingproperties. Mr, Weinberg. withWaterR.eso=
Solutions, reviewed the infurmation presented by Enron to the SFWMD and reported to
you that their own report reflects a negative impact on the quantity of weD productiort fin
exisUng wells in a three mile radius. Mr. Weinberg also stated the power plant could calISe
a deterioration of the quality of groundwater in the upper Floridan aquifer over time.
~.An'" oftbis rezoningn:quest, I believe the Commission bas a responsibility to review
and address this issue as it bas a DeglllÎve effect on the environment of the surrounding
properties,
The noise level asse........... undertaken by Hessler Assocwes,lno:_, on behalfoftheEnron
Plant referenced two standards. The first is the St. Lucie Zoning Code, which is 60 dBA
fur daytime and SS dBA ror nighttime operalÎDn, and the second is tht national staodardsat
values of 4& dBA. The report goes on to say tbat the sotmd level fiom Emon at full
capacity will be predicted at 48 dBA at the closest residence. The closest residelll:e is I ~
feáaway_ If the sound level is 48 dBA at residences I, 560 teet away, it will surely be .
greater than that at the property line of the proposed residential neighborhood to the cast. ~t
appears- that acoording to their own repon.they surely violate the 48 dBA national standard
and wiD probably violate the SS dBA county standard at the property line to the east.
PIeage understand that my clients are not opposed to power plants. They are in support of
them, provided they do not adversely affect surrounding pi operties; By locating this~
plant in existing industrially ~ued property, you would eliminate the compatible use issue
and provide absorption of industrial inventory in the County. There would be no impact'o.n
surronnding property values IIIIIl the pøwer company could be in a pøsition to pwçhase .
water fiom an existing wility. eliminating the negative impact on our ground water supply.
There are two plants proposed in the LTC Ranch Industrial Park. whicb are adjacent to
each other, LTC agreed-ùt anon-Gompct~e\a\lSe¡ whicbeliminates.anyadditional pO-WCJ"
plants within their Park. However, there are numerous industrially zoned parl:cIs ofland,
which could accommndate thiS type of facility. I baveprovided theCommissiol1WÏ1h o~
site adjacent to Range Line Road. It is my understanding that property also exists in the .
industrial park where Duke Energy is locating. I am confident that other realtors would ~
happy to provide .industrial-zoned property for consideration,
Tbe-MidwayRoadcorridoris-thelastl"rntlini.,g window into St. Lucie County, The real
question is, bow does St. Lucie County want this window to look.
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Telephone 561-4~-SELL (7355)
Fax 561·468·1810
& ASSOCfATES
107 North 2nd St. ., Ft. P¡e~ce, Fl 34950
March 27, 200!
Mr. Doug Anderson, County Administrator
51. Lucie Coun1y
13 ()() Virginia Ave.
n Pierce,. FL 34950
Dear Doug:
I was really surprised to read in 1he newspaper that Enron said it had contacted area
brokers about alternative land but no one responded. 1 find this hard to believe. especially
since webave 135 acres in north Fort Pierce which is zoned heavy industrial. Y oumay
recall that at one time you and the County considered purchasing it
I also want to voice my objections to Enron's proposed site from one basic point. spot
zoning sets a bad precedent for the County ,
Sincerely,
~~:[¥
JAK:k
V"
CC: Commissioners Barnes, Bruhn, Coward, Hutchinson, and Lewis
N01'E~ THIS OF'F'EJUNO SUBIECTro ERRORS, OM'JSSiIONS, PoRtOR SALE OR Wm1JJRA'NAL 'N1rnOtlT NOnCE.
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TbolDil,8 R.L. Kindred. Sr.
1905 Wyoming Avenue
Ft; "!fr«, Florida 34982
Man:b 27,2001
The Board of County Commissioners
St-- Lucie COIIIIty. Florida
2300 Virginia A venue
F<H1¡ Pierce, Florida 34982
Dear Commissi0I1.Cf5:
Eachofyoobow !bat I represented Dr. HendlerofHHHP Prep :nies for several year.;
and now also represent Mr. Jim HaD along with Cap Cain. Vœ, 1 have a vested interest in
O I JosiDgtbere-mningoftbeCooneyGrovuite; 1 amalsoac:oncemed~tizen and do not feel it
is in the county's best inten!llt to r&-zone this property. 1 know that tough d«isions come with
your jobs especiallywheniteomestoÙlCreasing tax dollars.. H9wcVCl, SQmetimes the long-term
benefits are overlooked h=luse of possible short-term gains.
1 can ç J çlllb", wherrit wntllOu¡¡btthatthe-Reserve,St, Lueie-Westlll!d tbe P_O.A. were just
speculative projects and would never materialize. 1 think you can he prolld to say !bey are part of
OW" county. When you look at the quality deve\opl!lefltpattem in ow """Illy it is emulating &om
south to north and I sincerely feel it is in our best interest to continue this paltl:rn of development,
I also feetthattbere--zoning"ofthis propaty andtbeconstrœtionof,a utility plant could be
nothing short of disastrous for any future quality development along the Midway Road corridor
west of 1-95.
I know that you will, bullmust ask you anyway top/ease consider ~ long term benefits of a
quality developmem project verses a r~zoniDg request to permit a project which is out of
chuacter, but can be accommodated elsewhere in the county.
Thomas R.L. Kindred, Sr.
c<:. Mr. Doug Anderson, County Admin.
~IJ"
03/30/01
FZABWARR
FUND
001
001106
001115
001117
001124
001128
001130
001135
001243
001252
001258
001259
001809
101
101003
101006
101211
102
102001
105
107
: . ~002
145813
160
183
183001
183004
183106
183212
184203
185001
186
186204
305
310002
316
316101
382
390
401
418
421
441
451
461
471
....
ST, LUCIE COUNTY - BOARD DATA
..",;
WARRANT LIST #26- 24-MAR-2001 TO 30-MAR-2001
FUND SUMMARY
TITLE
General Fund
FTA-001-49 USC Sec 5307 (Sec 9)
FTA-001-49 USC Section 5307 97/98
FTA 49 USC Sec 5307 98/99
FTA USC Section 5307 FY 99/00
Section 112/MPO/FHWA/Planning FYOl
TC Community Action Agency FYOO/01
Blind Creek Park Dune Crossover
Childern's Environ, Learning Center
Urban Mobile Irrigation Lab Grant
TDC Planning Grant FYOO/Ol
Emergency Mgmt, Prep & Asst. FY 00/
SFWMD-Floridian Aquifer Well 01/04
Transportation Trust Fund
Transportation Trust/Local Option
Transportation Trust/Impact Fees
FDEP Canal & Stormwater Retrofit
Unincorporated Services Fund
Drainage Maintenance MSTU
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-E911 Surchar
Port & Airport Fund
IRL SWIM Impound Rest IX
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin,- Teen Court
Domestic Relations Hearing FYOO-03
OSCA-Court Reporting Grant 00/01
Ft, Pierce Beach Restoration
SHIP Housing Assistance FY 00/01
Recycling Operating Fund
Recycling & Education Grant FYOO/01
Beach Acquisition Fund
Im~act Fees-Parks
County Capital
Ocean Bay public access,dune crosso
Environmental Land Capital Fund
Treasure Cove/Ocean Harbor S Cap
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
S, Hutchinson Utilities Fund
Sports Complex Fund
Holiday Pines Utilities Fund
Building Code Fund
EXPENSES
377,255.90
128.00
1,020.00
27.82
27.82
2,145.04
420.01
2,684.28
7,678.00
398.96
418.86
265.48
90.95
73,109.21
2,400.00
11,292.00
137.50
20,866.17
4,588.94
2,939,28
2,791,685,68
14,220,66
5,103.08
623.45
1,482.41
1,349.92
1,174.14
1,447.13
6,158.52
4,090.50
2,250.00
1,363.05
2,236.00
345.70
36,000.00
55,886.31
47,928.10
23,400.00
66,337.22
519.87
286,310.60
12,062.98
2,800.79
13,306.52
2,663.57
22,480.78
4,572.24
9,533.29
PAGE
1
PAYROLL
272,922.91
0.00
0.00
363.65
363.64
5,190,76
796,58
0,00
0,00
1,188,80
626,49
3,470.36
1,188.80
97,314.97
0.00
0.00
0.00
44,618.02
3,806.40
2,164.01
44,391.25
33,270,94
6,002,62
0,00
2,277,66
3,405,03
1,850,58
2,673,72
0.00
0.00
0.00
2,429.22
1,789.02
596.34
0.00
0.00
0.00
0.00
0.00
0.00
30,580.49
19,361. 88
201.79
3,644.39
2,241.67
12,287.08
1,720.22
19,157.56
03/30/01
FZABWARR
FUND
501
505
505001
510
611
625
655
"""
. .....,
ST, LUCIE COUNTY - BOARD DATA
WARRANT LIST #26- 24-MAR-2001 TO 30-MAR-2001
FUND SUMMARY
TITLE
EXPENSES
Information Technology Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Service Garage Fund
Tourist Development Trust-Adv Fund
Law Library
Insurance Agency Fund
190,828.28
32,540.06
404,894.77
9,678.74
15,282.11
11,173.35
59,551.00
GRAND TOTAL:
4,649,175.04
PAGE
2
PAYROLL
68,708,09
3,034,75
1,707,53
9,240,80
3,268,97
0,00
0,00
707,856,99
03/30/01
F7.ABWARR
'"'"
. ...",
ST. LUCIE COUNTY - BOARD DATA
VOID LIST# 26- 24-MAR-2001 TO 30-MAR-2001
} "c'W: 501
- Information Technology Fund
CHECK
INVOICE
VENDOR
00268320 12110164 Royal York Hotel
12110172
12110174
12110175
12110177
12110179
CHECK TOTAL:
FUND TOTAL:
TOTAL
707,25
707.25
707.25
707.25
707.25
707.25
4,243.50
4,243,50
PAGE
1
..
'ìow'
AGENDA REQUEST
...., ITEM NO. c-2A
DATE:April 3, 2001
SUBMITTED BY(DEPT): ENGINEERING DEPT
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [XX]
PRESENTED BY:
ß.~~~JM ___
(Donald B. we~' -
County Engineer
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT:
Approve Amendment No.1 to Work Authorization No, 8 to the Agreement for Engineering Services with
Culpepper & Terpening Inc, in the deductive amount of $ (6,020,00) to omit the Environmental
Assessment and Permitting services relative to that portion of Lennard Road lying outside of the
boundaries of the Lennard Road MSBU1 Project.
BACKGROUND:
On September 26,2001, the Board approved Work Authorization No.8 to the Agreement for Engineering
Services with Culpepper & Terpening Inc, in the amount of $195,620,00 for the final engineering design
of the roadway within the Lennard Road1 MSBU and the environmental assessment and permitting for
the entire Lennard Road Phase II corridor.
Initially, staff proposed to include environmental assessment and permitting services for the entire
Lennard Road Phase II corridor, Subsequently, a Federal Grant has tentatively been approved to
construct the remaining portion of Lennard Road lying outside of the MSBU, The grant includes funding
for all engineering services, environmental assessment and permitting, acquisition, construction, etc..
Federal funding requirements do not allow for reimbursement for any services performed prior to the
grant. Therefore, staff proposes to omit any portion of the engineering services that would be funded,
FUNDS AVAIL.: 396-4114-563005-4502 OfT Bldgs - Consulting Engineer
PREVIOUS ACTION:
September 6, 2000 - Board approved Work Authorization No, 8 with Culpepper & Terpening for the
Lennard Road1 MSBU Project
June 6,2000 - Board created the Lennard Road1 MSBU Project and authorized the Engineer to proceed
with engineering, design and permitting for the Project.
RECOMMENDATION:
Staff recommends approval of the attached Amendment No, 1 to Work Authorization No, 8 to the
Agreement for Engineering Services with Culpepper & Terpening Inc, in the amount of $(6,020,00), and
authorization for execution by the Chairman of the Board,
-
COMMISSION ACTION:
[x] APPROVED [] DENIED
[ ] OTHER:
[x]County AttorneY~
[x]Public Works Dir
10 j
[ ]Finance
cc: Finance
OMB
msbu\lennard\aga-eng-CO#1
'-
CoordlnatlonlSlanatures
[ ]Mgt. & Budget
[x]Co. Eng J).r·
í
....,
CONCURRENCE:
~~'l
Douglas Anderson
County Administrator
[ ]Purchasing
[x]Sr Acct Clerk I">~ t\
'-
AMENDMENT No.1
'-'
to
WORK AUTHORIZATION NO.8
for
Engineering Services
for
North Lennard Road and Prima Vista Boulevard Extension
Roadway Improvement Project
MSBU Project
(Savannah Ridge Elementary School to Silver Oak Drive)
Pursuant to that certain Agreement between St. Lucie County "County" and Culpepper &
Terpening, Inc., "Engineer" for Engineering Services "Agreement", dated November 25, 1997 the
Engineer agrees to provide the Scope of Services described in Exhibit "A" for the Compensation
described in Exhibit B. All services provided under this Work Authorization shall be completed
according to the schedule described in Exhibit C.
IN WITNESS WHEREOF, the Authority has hereunto subscribed and the Engineer has
affixed his, its, or their names, or name, on the dates below,
ATTEST:
BOARD OF COUNTY COMMISSIONERS
By:
CHAIRMAN
Date:
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
ww~
ê-..y
By:
Print Name: Stefan K. Matthes, P.E., V.P.
Date: February 16, 2001
c:mydoclproj<:ct/2OOO100841contr./lctlOO84-W A8
03/02101
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EXHIBIT "A"
SCOPE OF SERVICES
North Lennard Road and Prima Vista Boulevard Extension
Roadway Improvement Project
MSBU Project
(Savannah Ridge Elementary School to Silver Oak Drive)
The Engineer shall provide the following services for the Project:
The County desires a modification to the design plans prepared for Lennard Road Improvement
Project. The modification consists of deleting the Environmental Assessment and Pennitting ftom
Stations 150+00 to Station 323+87.55 (Intersection of Silver Oaks Drive).
The following modifications hall be made:
I. Exhibit "A", Task NO.6 for the entire Lennard Road corridor shall be changed to
Read: "ftom Station 323+38.62 to Station 397+87.55".
II. Exhibit "A", Task No.7 shall be changed to Read: "The Engineer shall prepare an
off-site mitigation plan for the Lennard Road MSBU project site".
III, Exhibit "B", Compensation to the Engineer shall be adjusted as follows:
A. Task No.6
Task
6. I Wetland Delineation
6.2 Agency Wetland Review and Jurisdictional Detennination
6.3 Protected Species
6.4 Vegetation Survey (FLUCCS)
6.5 Soil Map/Survey
6.6 HistoricaV Archaeological Resources
6.7 Wetland Rapid Assessment Procedure (WRAP)
6.8 Preliminary Environmental Assessment Report
Subtotal Task No.6
(Original Amount = $17,540)
Revised Amount
$1,500
$2,900
$3,700
$920
$390
$450
$2,950
$1.650
$14,460
c:mydodproject/2000100841contractl0084-WA8
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-...tI
B. Task No.7
Task
7.1 Wetland Identification
7.2 SCS Soil Map
7.3 USGS Topographic Map
7.4 FLUCFCS Map
7.5 EndangeredIThreatened Species Survey
7.6 Wetland Rapid Assessment Procedure (WRAP)
7.7 Wetland Mitigation Drawings and Construction Specifications
7.8 Mitigation Monitoring and Maintenance Plan
Subtotal Task No.7
(Original Amount = $16,590)
C. Total all Tasks hall now read $189,600.
(Original Amount = $195,620)
c:mydoclproject/2000!OO841COrltractlOOS4- W A8
03/02/01
Page 3 on
Revised Amount
$1,500
$450
$450
$920
$1,600
$2,850
$5,100
$780
$13,650
"""
AGENDA REQUEST
...."
ITEM NO. 2B
DATE: April 3, 2001
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
»'\ST\~~.~
( Donald B, W st, P.E.
County Engineer
SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115
SUBJECT:
Orange Avenue and NSLRWCD Canal No. 57 Bridge Replacement - Change Order No.1, Project
Acceptance, Release of Retainage, and Final Payment in the amount of $28,257.00
BACKGROUND:
This project was for the replacement of a deteriorated bridge at Orange Avenue approximately six miles
west of 1-95, just west of Trowbridge Road. A 9 ft. by 6 ft. culvert was installed to replace the bridge. The
original contract amount was $291,870.00, Change Order NO.1 will reduce this amount by $500.00 in
order to reflect actual field quantities used. This will give a final contract amount of $291,370.00. The
contractor, Johnson-Davis Inc" has completed this project satisfactorily.
FUNDS AVAIL.: Account No, 316001-41133-563000-4319 Transportation Capital/Local Option
Bridge Maintenance
PREVIOUS ACTION:
December 14, 1999, the Board awarded the construction contract to Johnson-Davis Inc, in the amount
of $291 ,870.00.
RECOMMENDATION:
Staff recommends the Board approve Change Order NO.1 reducing the contract amount by $500.00 for
a final contract amount of $291 ,370.00. Staff also recommends the Board accept the project, approve
the release of retainage in the amount of $29, 137.00 minus failed lab tests in the amount of $880.00, and
approve the final payment to Johnson-Davis Inc. in the amount of $28,257.00
COMMISSION ACTION:
CONCURRENCE:
[¡q APPROVED
[ ] OTHER:
[ ] DENIED
~~~
Douglas Anderson
County Administrator
[X]CountyAttomey f)=~
M"~'"' "'" ~" .. ---;-;
IX ]Finance (l\V ~
(check for copy only, I pplicable)
rn&J
[ ]Purchasing
[X ]Mgt. & Budge
IX ¡Co. Eng ....D..~ ~ .
f
IX ]Proj. Manager ~ 4tr
[X )Revenue Coord.
ßt>r\\
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ENGINEERING DIVISION
MEMORANDUM
01-79
" ¡,-~
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FROM:
Dan Mcintyre, County Attorney
ù.ß-?"
Don West, County Engineer ~\.,';/!; ~
~ 'X}-C"Y-'
March 15, 2001
'MAR I 5
TO:
DATE:
SUBJECT:
Orange Ave. @ Canal 57 Bridge - Release of Liens
Please process the attached Release of Liens on the Orange Ave @ Canal 57 Bridge project.
If we can be of any assistance, please call Mike Wrock, Civil Engineer, at extension 1707,
Barn
cc: Ray Wazny, Public Works Director
Mike Powley, Capital Projects Engineer
Mike Wrock, Civil Engineer
ïo) Œ @ Œ ~ W œ ~.
lJü MAR 2 0 2001 æJ
Attachments
ENGINEERING
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CHANGE ORDER NUMBER: 1 ~f\ir: '\'r_'_h,.,,;~J
-'- ~ ~'-- 'I fl..J
CHANGE ORDER
ST, LUCIE COUNTY
PROJECT: Orange Ave. @ NSLRWCD Canal 57 Bridge Replacement
(name, address)
INITIATION DATE: 1/30/01
TO (Contractor):
CONSULTANT'S PROJECT NO.: nla
Johnson-Davis. Inc.
604 Hlllbrath Dr,
Lantana, FL 33462
ST. LUCIE COUNTY
CONTRACT NO: C99-12-140
CONTRACT DATE: 12/14/99
You are directed to make the following changes in this Contract:
(Additional sheet attached as Exhibit A - No)
DEDUCT: 9' x 6' Precast Box Culvert
1 L.F, @ $500.00/FT
($500.00)
The original (Contract Sum) was .,',."..,.,....,.,........,........".".,..,.....,.......,.. $291,870.00
Net change by previous authorized Change orders . . . . . . . . , . . . . . , , , . . . . . . , . , . . . . , , . . , , , . . , , . . . . . . . . . . . .. $ -0-
The (Contract Sum) prior to this Change Order was ..,.........,.......,...,..,.".....,........., $291,870.00
The (Contract Sum) will be (decreased)
by this Change Order . . . . . . . . . . , , . . . . . , . , , . . . . . . , . . . . . . , . . . . , . . , . . . . . . . . , . , , . , , . , . . . . . . . . . . . .. $(500,00)
The new (Contract Sum) including this Change Order will be .....,.,....".....,..,......,......... $291,370.00
The Contract Time will be (unchanged) by . . . . . . . . . . . , , , . . . . , . , . . . . , , . . . . , , . . , . . . . . . . . . , . . , . . . , . . ( 0 ) Days
The Date of Substantial Completion as of the date of this Change Order therefore is: 11/1/00
Funds Available:
Account Number 316001--41133-563000-4319
The adjustment in Contract Price andlor Contract Time stated in this Change Order shall comprise the total price andlor time adjustment due or
owed the Contractor for the work or changes defined in this Change Order, By executing this Change Order, the Contractor acknowiedges and
agrees that the stipulated price andlor time adjustments inciude the costs and delays for all work contained in the Change Order, including costs
and deiays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-
affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract
price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order,
subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement
between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all
rights to file a claim on 1his Change Order after it is properly executed. All work performed under this Change Order shall be performed in
accordance with the contract specifications.
Recommended:
51. Lucie Countv Enoineerina Division
Architect/Engineer
2300 Virainia Ave.. Fort Pierce, FL 34982
Address. Æ /c;
~~~ /. <:> /
By: i e Wrock, P.E. Date
Agreed To:
Approved:
SI. Lucie Countv. Public Works Decartment
51. Lucie County Department
2300 Virainia Ave.. Fort Pierce. FL 34982
Addr s
o Virginia Ave., FI. Pierce, FL 34982
By:
Date
Approved as to Form and Correctness
County Attorney
CON'l)RACT DATE' 12
APPLICATION DATE' 2-0,-01
INITIAL CONTRACT AMT.
BASED ON EST. QUANTITIES
-..'
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NG r¡~EERL';~
.
PROJEC:r NAME: --.!lliAI!GE AVENUE AND CANA" '7
'W'
ENGINEER'S PROJEC:r NO., C-QQ-1?-" OWNER:
Johnson-Davis, Inc.
CON:rRACTOR:
!lPPLICATION AMOUNT, ?9, 1 ~7' 00
1-31-00
¡OR PERIOD ENDING:
$291,870,00
rI~Enr,ATION OF AMOUNT OUR THT~ APPT.ICATION
JRIGINAL CONTRACT AMOUNT COMPLETED TO DATE
See Attached "Estimate of completed work")
AS APPLIED FOR
BY CONTRACTOR
291,870.00
A,c:; A PPROVRD
BY ENGINEER
:HANGE ORDER NO.
:HANGE ORDER NO.
-, =" ".
:HANGE ORDER NO.
I @ 100 %
~@==%
'-@_%
-@_%
COMPLETE
COMPLETE
COMPLETE
COMPLETE
(+)
(+)
(+)
(+)
$
$
$
$
$
(500.00)
$iJ"~ 1/70""
$ (so<> oQ.J
$
$
$
TOTAL WORK TO DATE (+) $
LESS PREVIOUS PAY. (-) $
SUB-TOTAL $
LESS FAILED LAB. TESTS
291,370.00
262,233.00
29.137.00
$ ;I'll "¡"T/?OO
$ ::Ili>... 13 oD
$ ;:)ctJ 1'17.00
$ BaD 00
'RRvrrm,c:; PAYMRNT,c:; ~
1 $
2 $
3 $
4 $
o:rAL $ 262.233,00
(-)
AMOUN:r DUE FINAL PAYMENT, EXCEPT FOR ANY
LIQUIDATED DAMAGES ASSESSED BY BOARD
$ ;;¡/?ãl57. O()
ONTRAr.TOR',q AFFTDAVTT
The undersigned Contractor hereby swears under penalty of perjury that
11 obligations incurred by the Contractor under this Contract to date have
een discharged in fUll) that no suits are pending in connection with the work
nder the Contract) that the Contractor agrees to the total final price of
291.370.00 and final payment of $ 291.370,00 as full settlement of his
ccount under th o~tract and of all claims in connection therewith.
r
ON:rRACTO
TITLE
Pre s iden t
Y
cott . 0 mIlL
OUN:ry OF alm Beach \i
rA:rE OF Florida ,
Before me this day of Februarv , ~ 2001 , personally
?peared C^^H' '^hMnn , known to me, who being duly sworn, did
apose and say that he is the D_"^'¿.n. (Office) of the
)ntractor above mentioned) that he prepared attached application for payment
1d executed above affidavit on behalf of said Contractor; and that all of the
,atements contained therein are true, correct and com ete.
~ ""'1. Ro '- ,,1./
! commission expires: $~ y,ol/~ sa !f. Sanchez ~
i. ~'" Commtu1an N CC 97642'
'i~ El¡>1re. Oct. 22, 2004
10~ '" BoDdedThru
"11 \ AUttlt.lc 110111;[11111 Co r~,
Nota
PU
ic
), BOARD OF COUNTY COMMISSIONERS, ST. LUCIE COUNTY, FLORIDA
The attached application for payment by the Contractor has been reviewed
. the Enginee. r. The Engineer hereby approves final payment under this
'plication in the amount of $ ;tg.a~ì.OO , less liquidated damages
Isessed Þy Board, WTTHrir.TUAL PAYMBNT SUB,'JE~T 'PO CONTRÄ~'1'nR' s ~TGNTNc.; AR()VE
'FIDAVIT. \o\~~.A
~Ñ~~' ST, LUCIE COUNTY ENGINEERING DEPARTMENT
,TE' APPROVED BY .
,ntract :rime Began:
Ibstantial completiòn on,
:tual Construction Time:
>ntract Construction Time:
liny D~ys Allowance:
:her Overrun Allowances:
,t Overrun,
:, Finance Officer
Donald B. West P. E.,· Ray Wazny P. E.
County Engineer Public Works Director
Cal.
Cal.
Cal.
Cal.
':al.
Days CHECKED BY
Days
Days PREPARED BY ~~ ,4..:7./_-" ~z~/
Days St. Lucie County ~ng. Depart.
Days
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AGENDA REQUEST
...."
ITEM NO. C-2C
DATE: April 3, 2001
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115
PRESENTED BY
À~~~.~~
(Donald B. We t, P.E.
County Engineer
TO: BOARD OF COUNTY COMMISSIONERS
SUBJECT: Florida Rock South Plant: Approval of reclamation and closure of southern half (Section 36).
BACKGROUND: On August 15,1985, St. Lucie County issued a mining permit to Mabel Groves, Ltd.
to mine property within the southern most portion of St. Lucie County. The mining operation is somewhat
extensive in that it encompasses excavation and processing of coquina rock. In 1989, the subject
mining permit was transferred to Florida Aggregates Intergroup, Inc. On September 17, 1996 the subject
mining permit was transferred from Florida Aggregates Intergroup, Inc. to Florida Rock Industries, Inc.
The original permit was to mine approximately 206 acres in Section 36 and approximately 325 acres in
Section 25. The permittee has completed mining and reclamation in Section 36 and has requested this
portion of the mining permit be closed. Staff inspected this mine site several times, with the most recent
on January 19, 2001. The site has been reclaimed to permit requirements with the following minor
exception: there are a few small, isolated sections around the shoreline that have slopes steeper than
a 4: 1 slope, however the overall average side slopes exceed the 4: 1 slope requirements, Staff feels that
those slopes that are steeper than a 4:1 slope are isolated and vegetation has already taken hold,
limiting erosion problems. The property owner has submitted a letter (attached) indicating their
acceptance of the reclamation. The original bond will remain in place for this permit as Florida Rock
Industries, Inc. has moved mining operations into Section 25. Additional information from Florida Rock
Industries, Inc. is attached.
FUNDS AVAIL.: N/A.
PREVIOUS ACTION: (See Background Information Above)
RECOMMENDATION: Staff recommends the Board approval of the reclamation and closure of the
southern half (Section 36).
COMMISSION ACTION:
CONCURRENCE:
~] APPROVED
[ ] OTHER:
[ ] DENIED
~~
Douglas Anderson
County Administrator
[x)County Attorney
[x]Originating Dept. Public Works -;¡f'.4 ./r
l'
Coordination/Sianatures
[ ]Mgt. & Budget
[x Co. Eng \'t ~ .
í
[ ]Finance Dept.
[jBudgetlRevenue Coord.
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ENVIRONMENTAL & PERMIITING SERVICES, INC.
December 15,2000
Ray Wa:zney, P.E., Director
St. Lucie County Public Works
2300 Virginia Avenue
Fort Pierce, FL 34982
DEe 16
PROJ:
RE:
FLORIDA ROCK INDUST~S, INe. (462-33)
RECLAMA nON RELEASE, FT. PIERCE SOUTH PLANT
Dear Mr. Wazney:
We are in receipt of your letter dated October 16th, 2000, and offer the following in
response:
1. A letter ITom the current legal property owner is attached which documents their
satisfaction with regard to the condition of the reclaimed quany,
2. Although all of the cross sections obtained for the lake perimeter do not adhere
exactly to the 4:1 sloping requirements associated with the historic reclamation plan, we
would offer that, overall, the side slopes associated with the lake meet the intent of the
County rule with regard to stabilization and safety issues. Of the ten cross sections
provided, four have slight variations in the sloping that have little to no adverse affect on
the stability or safety of the lake perimeter. The remaining cross sections meet and/or
exceed the 4: I slope requirements, such that the majority of the lakeshore has sloping
ranging ITom 4:1 to 11:1 above the normal water elevation, Below the normal water
elevations, slopes range ITom 2:1 to 187:1, with the majority of the subsurface elevations
averaging 10: 1.
The existing lake and surrounding upland area accounts for a total of 206 acres, with the
open water accounting for approximately 144 acres. The perimeter, or shoreline of the
lake, is approximately 10,800 linear feet. In an effort to appropriately characterize the
sloping of the shoreline, an analysis was conducted around the perimeter to establish the
nature of the slopes for the entire lake, Of the +/- 10,800 linear feet of shoreline,
approximately 1,400 linear feet (12%) are steeper than 4:1. It should be noted, however,
that these areas are small, isolated sections scattered around the shoreline that have
variable slopes.
For example, one such cross section has the following slopes above the water line: 45:1,
8:1,7:1, and 5:1; however, just below the water elevation, the slope drops to 2:1, then
becomes >40: 1. The area associated with the 2: 1 slope occurs over a 2 ft. vertical drop
o 2001 Old V.S. Highway 441, Suite 1 . Mount Dora, Florida 32757 . (352) 383-1444 . (800) 801-5741 . Fax (352) 383-3877 . E-MAIL: Ipgepsmtd@aol.com
o 1536 Kingsley Ave., Suite 117 . Orange Park, Florida 32073. (904) 264-1114 . Fax (904) 264-0205. EMAIL: Ipgepsop@aol.com
o 5925 Imperial Parkway, Suite 117. Mulberry, Florida 33860. (941] 607-6051. Fax (941) 607-6112. E-MAIL: Ipgepslkd@aol.com
'-
~
Ray Wazney, P,E,
Page Two
December 15, 2000
and 3 foot horizontal area, for a total area of 6 square feet. This is characteristic of the
insignificant areas that do not meet the 4:1 slope requirements, which pose no threat to
public safety or to the integrity of the shoreline. One isolated area was identified on the
east bank in which the land above the water line has a 3:1 slope, rather than 4:1. This
occurs over a 15 foot vertical change, but again. horizontally, the area is minimal and
poses no threat to the stability or safety of the shoreline.
The areal extent associated with these isolated sections (>3:1 slope) accounts for a total
of approximately 0.36 acres, or 0.16% of the land surrounding the water body. The area
in which the sloping meets and/or exceeds the 4:1 requirement is approximately 88% of
the shoreline. Thus, the sloping around the lake, with the exception of an inSignificant
percentage, meets and/or exceeds the County's requirements, A few of the areas in
which the sloping does not meet the minimum requirements are associated with areas
eroded due to runoff ITom adjacent uplands, These areas have been repaired and
stabilized, which addresses both the erosion and sloping requirements with the County,
3, Areas around the lake in which erosion had been previously documented have been
repaired with topsoil, rock, and rip rap, in accordance with the most appropriate material
to stabilize each area. Each of the erosion problem areas receives large volumes of
runoff ITom the adjacent uplands, These upland areas surrounding the lake are now
vegetated with pasture grass, which serves to attenuate sheet flow ITom stonn runoff.
Thus, future erosion and sedimentation problems are not expected. We would further add
that any effort to alter the areas in which the sloping is less than 4: I would do more
damage to the system than help. Disturbance to any of these areas would essentially add
bare ground to the system that would be subject to erosion, as well as destroy the existing
vegetation that currently stabilizes the shoreline.
In addition to the sloping and shoreline stabilization, Florida Rock Industries, Inc. has
exceeded both St. Lucie County and State of Florida re-vegetation requirements.
Through a combination of natural recruitment and planting, there is a high diversity of
aquatic plant species in and around the lake, which will enhance wildlife utilization at the
subject site, Plant species occurring in the littoral zone of the lake include pond cypress,
buttonbush, wax myrtle, duck potato, arrowhead, soft rush, bulrush, maidencane, beak
rushes, and pickerelweed,
A variety of wading birds have been documented utilizing the lake habitat, including
great egret, great blue heron, little blue heron, tri-colored heron, cattle egret, gallinule,
anhinga, and connorant, to name a few, Red shouldered hawks, kestrels, osprey and a
variety of raptors have been documented hunting and foraging in the upland portions of
the property. In addition, Florida sandhill cranes (a species protected by the State of
Florida as a Species of Special Concern) were documented nesting on a littoral shelf in
'-'
-"
Ray Wazney, P,E.
Page Three
December 15,2000
the southeastern comer of the lake this past season. Sandhill cranes continue to use the
site for feeding and foraging, and will likely utilize the site for nesting this season,
assuming that nesting conditions remain favorable.
Access to the lake is extremely limited, as the water body occurs on private property, and
is surrounded by a series of canals and ditches that prevent direct access from public
roads. Further, the only two access roads to the site are gated and locked to prevent
unauthorized access, Figures 2 and 3 (attached) illustrate the location of the lake in
relation to the existing active mine sites and active citrus industry, as well as the
surrounding canal systems. Current and future use ofthe lake is as a surface water source
for freeze protection for the surrounding grove, and water storage during extreme stonn
events, This property will remain private, with no public access or uses intended,
The property immediately north of the lake is proposed for future mine expansion by
Florida Rock Industries, Inc" such that access to this area will be further regulated as
required by MSHA and OSHA for active mine sites.
In summary, the reclaimed property meets the conditions and requirements of St. Lucie
County and the State of Florida with regard to reclamation standards. Further, the
reclaimed site is safeguarded from public access, such that it does not pose any
immediate or future threat to public safety. The naturally sloped and vegetated lake
system currently offers excellent feeding, foraging and nesting habitat for a large variety
of wildlife species, which will only improve as the herbaceous species expand their
coverages and the shrub and tree species mature.
Therefore, on behalf of Florida Rock Industries, Inc" we respectfully request approval for
release of the subject property. We look forward to hearing from you regarding the
Board agenda schedule. Should you have questions or require additional documentation,
please do not hesitate to contact me. Your continued assistance and cooperation with this
project has been sincerely appreciated,
nor
nvironmental Scientist
enc,
c: Mike O'Berry (w/enc.)
Kenny Smith (w/enc.)
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Ms_ Pbyllis Caruso
Pinelac:h ~·""r-"Ðt Corp
260 \\,.:st PiDdod1 Strait
OrIBDdo FL 32806
RE: S¡:..3
Gen~emen
A5 yo:~ me ØI8R 1111 November 17. 1999. MllnJpulitIID Lifco WIIØIIœ Comp....y sold
1.944 acRS to JncIian River Suuœ. L.L_C. wbic:h _ wbII we fom:=ly Wl~ SK-3
Grave. I..volved in thid grow ...., . 5taDe quarzy 1:hst b8d been gpcrau:d. by Pineloch
~¡eme:Dt m4 Jatar Florida Røck. At 1bc time ofthc doliDg I iDsþ.octed the property
&lid wo wc;re sa%Ílifiod. with tile ftCI....ori.Jø, pmjcct thallwI beeII COØ1p1eted by Flørida
~ck. w. did notke WIt tIwc _ IIOIftO JliøÞt esvs)aa iD. -- md · fc-.r of tb& trees
they planted. had died. but 011 aD ov.n11 basis W~ felt the rocI8Ølatlon ViIS ntisfu:toly-
II you need any i\arther iJd'ormatim. pleas~ advi5r:.
TCN,cdm.
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AGENDA REQUEST
...,
ITEM NO. C-..g
'-
DATE: April 3, 2001
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
Beth Ryder, Director
SUBMITTED BY: Community Services Division
SUBJECT: Request by the County Health Department to purchase four
vehicles out of the third quarter allocation.
BACKGROUND:
The approved allocation to the Health Department for FYOO/01 is $600,000
payable in quarterly installments. The Health Department is requesting
authorization for the County purchasing Department to procure four vehicles
under state contract consisting of: two Dodge Dakota pick up trucks for
$11,940 each plus $50.85 registration totaling $23,981.701 one Chevrolet
Venture for $17,775.851 one Chevrolet Malibu for $15,163.85. The total cost
for the four vehicles is $56,921.40 which includes registration fees. This
leaves a remaining allocation of $93,078.60 for the third quarter. The
vehicles are being purchased to provide transportation for employees to
reduce the cost of employee travel.
FUNDS AVAILABLE:
FY 00/01 001-6210-581020(SLC Public Health Unit)-600
PREVIOUS ACTION:
The Board approved the allocation of $600,000 in the FY01 budget.
RECOMMENDATION:
Diane Walgren, Administrator of the St. Lucie County Health Department,
requests authorization for purchasing to procure the vehicles as specified
and authorize the payment out of the third quarter allocation for the
Health Department.
COMMISSION ACTION:
CONCURRENCE:
[ X]
[ ]
APPROVED
OTHER:
[ ]
DENIED
?~ '--,
Douglas M. Anderson
County Administrator
County Attorney:X
f)K/
Coordination 9i atures
lIanag...n." BUdge~ rchasing'
Other:SLC Health Dept.X Other:
originating Department:
Finance: Check for copy only, if applicable
'-
~
Jeb Bush
Governor
Robert G, Brooks. M,D.
Secretary
To: Beth Ryder, Director, Community Services
From: Jim Gilbert, Business Managr
Subject: Vehicle Purchases
, unf RECEIV2~
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~q\ t1ÄR,2 0 2001
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.COMMUNITY SERVICES
,
March 14, 2001
, This is a request to purchase four vehicles for the County Health Department and reduce our
3rd quarter allocation by their cost. Purchasing has located the vehicles on state contract.
They are: 2 pick up trucks for $ 11940,00 plus $50,85 registration, Total $23,981,70
Dodge Dakota
1 Chevrolet Venture for $17,725,00 plus $50,85,
1 Chevrolet Malibu for $15,113,00 plus $50,85
17,775,85
15,163.85
$56921.40
The total cost of the cars is $56,718.00 with an additional $203.40 for registration, totaling
$56921.40. This will leave us a remaining allocation of $93,078.60 for our 3rd quarter release,
The vehicles are being purchased to provide transportation for employees to reduce the cost of
employee travel.
If you have any questions please call Diane at 4924 or me at 4884.
CC: Diane Walgren
Fort Pieree Site
714 Avenue "C"
FAX: (561)462-3824
SunCom 259-3824
ST. LUCIE COUNTY HEALTH DEPARTMENT
P.O. Box 580
Fort Pierce, FL 34954
(561) 462-3800 SC 259-3800
Website: httD://www.stlucieco.2ovlltealth/
Port St. Lucie Site
5150 NW Milner Dr
FAX: (561) 8734941
SunCom 2454941
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AGENDA REQUEST
I~NO.~
DATE: Apri13, 2001
REGULAR [ ]
PUBLIC HEARING [ ]
Leg. [ ] Quasi-ill. [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Community Development
PRESENTED BY: tJ /')
c~~
SI TB TECT' Approve the Proposed Application for a Change in Zoning for the Ocean Bay
Preserve Oceanside Tract and Authorize the Challman to Sign the Application Form.
BACKGROUND: The Ocean Bay Preserve Oceanside is a 15 acre tract on the east side of AIA on
South Hutchinson Island purchased through' the County's Environmentally
Significant Lands program and Florida Communities Trust Preservation 2000
program The proposed application (attached) request a change in zoning from the
property's Hutchinson Island Residential District Zoning to an Institutional Zoning
District to comply with Florida Communities Trust requirements related to the
purchase of the subject lands. The Institutional Zoning District will appropriately
recognize the public use of the property,
FUNDS A V AIL. Not Applicable
PREVIOUS ACTION' The Board approved the Ocean Bay Grant Award Agreement on March 12, 1996.
The Board approved the Ocean Bay Management PIan on May 28, 1996.
RECOMMEND A TION: Approved the Proposed Application for a Change in Zoning for Ocean Bay Preserve
Oceanside and Authorize the Chaùman to Sign the Application Form.
COMMISSION ACTION: CONCURRENCE:
[ 3 APPROVED [] DENIED
[ ] OTHER:
~~
Douglas M, Anderson
County Administrator
Review and Aonmvals
CountyAttomey:~
Ori¡inating Department-
Man.I¡emen1 & Budget:
O<hor.
PurclIaine:
O<hor.
F'mance: (Checl:: eo.. Copy only, if Ipplicablc)
9fF1CEUS¡:.QNLY:
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....,
RECEIPT NO.:
RECEIPT NO.:
SP NUMBER:
RESOLUTION NUMBER:
CERT. CAP. NO.:
DATE FILED:
REVIEW FEE:
CONCURRENCY FEE:
ST. LUCIE COUNTY
DEPARTMENT OF COMMUNITY DEVELOPMENT
2300 VIRGINIA AVENUE, ROOM 201
FORT PIERCE, FL 34982-5652
561-462-2822
APPLICATION FOR CHANGE IN ZONING
(does not include PUD, PNRD OR PMUD zoning)
DIRECTIONS
Please complete the requested information and submit all items to the St Lucie County Department of Community Development, 2300 Virginia Avenue, Room 201,
Ft. Pierce, FL 34982. All applications must be accompanied by the proper non-refundable application fee. For additional details on the information necessary for a
submission of a site plan adjustment, please refer to Section 11.02,00, St Lucie County Land DeVelopment Code. For assistance In submitting the application, please
contact the St. Lucie County Department of Community Developmen~.Plann¡ng Division.
ZONING CHANGE REVIEW FEES
PROPERTY SIZE REVIEW FEE REZONING WITH PLAN AMENDMEtiT
less than 10 Acres $ 500.00 $ 100.00 plus Pian Amendment Fee-
More than 10 acres $ aoo.oo $ 400.00 plus Plan Amendment Fee-
Concurrency Deferral Affidavit $ 25.00 $ 25.00
- for Information about the Comprehensfve Plan amendment Droc... and enollcable fees see Anntlcation for Comnrehensl"" Pian Amendment
Following notification that the application is complete, this petition will be scheduled for the next available Planning and Zoning
Commission meeting, The Planning & Zoning Commission meets on the third Thursday of each month. Presentation to the Board
of County Commissioners is dependent upon scheduling before the Planning and Zoning Commission. Please allow a minimum
of 90 to 120 days for completion of the public hearing process following the certification of this petition,
Initial submissions shall include the following:
1) One (1) original of the completed rezoning application;
2) One (1) copy of a site plan graphic (minimum 8 1/2" x 11 ') or survey depicting the location of the proposed building;
3) One (1) copy of the St. Lucie County Property Tax Map (Scale 1:200) with the property under petition highlighted;
SPECIAL NOTE:
Under the provisions of the St. Lucie County Land Development Code, a petition for a change in zoning is considered to be a
PRELIMINARY DEVELOPMENT ORDER. Under the definition of Preliminary Development Order, and consistent with the County's
concurrency regulations, St. Lucie County neither warrants nor represents, that there ia sufficient infrastructure available to meet the
expected needs of the property on which the change in zoning is sought. Further, pursuant to Section 5,01.01 (B)(3) , St. Lucie County
Land Development Code, a signed Concurrency Deferral Affidavit must accompany all applioations for zoning changes and/or land
use amendments whioh acknowledges that no public facility capacity will be reserved for the subject property prior to the Issuance
of a Final Development Order. A detennination of the availability of public faoilities capacity is required prior to the issuance of such
a Final Development Order. For additional information on concurrency, please contact the Department of Community Development,
Room 201, 2300 Virginia Avenue, Ft. Pierce, FL 34982,
ALL APPLICATIONS FOR CONDITIONAL USE PERMIT MUST BE COMPLETED AND FILED WITH THE DEPARTMENT BEFORE
4:30 PM EACH BUSINESS DAY TO MEET APPLICABLE FILING DEADLINES. FOR AN APPLICATION SUBMISSION TO BE
DETERMINED COMPLETE, ALL REQUIRED MATERIALS MUST BE PRESENT AT THE TIME OF SUBMISSION,
ST. LUCIE COUNTY
Afi'PUCATION FOR CONDITIONAL USE PERMIT
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PROJECT INFORMATION
APPLICANT INFORMATION
NAME 51. Lucie County
ADDRESS 2300 Virginia Avenue
PHONE (561) 462-1577
LOCATION PROPOSED FOR
REZONING
S. Hutchinson Island, approximately four miles north of Martin/51. Lucie County line.
PROPERTY TAX ID # -
3522-231-0003-0001 (eastern portio~ of this parcel)
LEGAL DESCRIPTION (attach
extra sheets if necessary)
See Attached
SECTION 22 TOWNSHIP 365 RANGE 415
PARCEL SIZE ACRES 15 SQUARE FOOT
CURRENT ZONING PROPOSED ZONING LAND USE CLASSIFICATION
DESIGNATION HIRD DESIGNATION I RM
EXISTING USE OF PROPERTY
Vacant/Conservation
IS A COMPREHENSIVE PLAN/LAND USE AMENDMENT SOUGHT? YES r 1 Nor X
TIiE FOLLOWING INFORMATION YOU PROVIDE IS VERY IMPORTANT IN DETERMINING THE OUTCOME OF YOUR
CONDITIONAL USE REQUEST. IT IS REQUIRED BY SECTION 11.06.00, ST. LUCIE COUNTY LAND DEVELOPMENT CODE
THAT APPROPRIATE FINDINGS BE MADE TO JUSTIFY A CONDITIONAL USE APPROVAL. PLEASE USE ADDITIONAL
PAGES, IF NECESSARY, TO JUSTIFY YOUR REQUEST.
1. ' Describe the reason for the requested change in zoning:
In 1995, 51. Lucie 'County purchased the subject lands for conservation purposes. The proposed rezoning is required to
comply with State funding requirement to rezone the property to a district that recognizes it's public conservation and
recreation use,
ST. LUCIE COUNTY
APPlICA.TION FOR CONDITIONAl USE PERMIT
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2. Is the proposed rezoning in conflict with any portion of the St. Lucie County Land Development Code or the St. Lucie County
Comprehensive Plan?
No
3. How is the proposed change in zoning compatible with the existing uses in the area?
Institutional uses are located directly west and northwest of the subject lands. The residential uses located north of the
property are compatible with Institutional Zoning and the conservation use of the property. The proposed Instiutional
Zoned parcel will provide additional conservation and recreational opportunities adjacent to residents in the area,
4. How is the proposed change in zoning compatible with the Land Use designation on this property?
Institutional Zoning is intended to provide and protect environments suitable for public use. The zoning/land use
compatibility chart indicates Institutional Zonin¡¡ is compatible with the property's RM Future Land Use Designation,
5. What conditions have changed in the immediate area that warrant consideration of this change in zoning?
The subject property was purchased by St. Lucie County for conservation purposes, The property will be managed by the
County's ESL pro¡¡ram as a conservation area with improvements for parking and beach access.
6, What are the anticipated impacts of the proposed rezoning on the existing and future public facilities in this area?
The proposed zoning will not have additional impacts on public facilities, The property will provide Ocean access to
increase public recreation opportunities on South Hutchinson Island.
7. What are the anticipated environmental impacts of the proposed rezoning? If no adverse impacts are anticipated, please
explain why,
Public access facilities are the only improvements proposed for the property. These facilities will be provided in
a manner that minimizes impacts to the property's natural resources,
8. Will the proposed rezoning result in an orderly and logical development pattern? If yes, please explain why,
Yes Existina public facilities and Institutional Zonina is located to the east Institutional Zonina is compatible with
existing and proposed land uses. The public conservation/recreation use of the lands will provide additional
public access points to the Atlantic Ocean on South Hutchinson Island,
-
ST. LUCIE COUNTY
APflLlCATlON FOR CONDITIONAL USE PERMIT
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SPECIAL NOTICE
(PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW)
Submission 01 1his application does not consttlute the granting of stle plan approval. All appropriate requirements must be met prior to this project
being presented for approval to 1he appropria1e aulhortly. St. Lucie County reserves the right to request addtlional information 10 ensure a complete
review of this properly/project.
ACKNOWLEDGMENTS
Applicant Information (Property Developer)
Agent Information:
Name:
Name:
Address:
Addres~'
Phone:
Fax:
Phone:
Fax:
Property Owner Information
This application wil not be considered complete wtlhout the notarized signature of all prooertv owners of record which shall serve as an
acknowfedgment of the submission of 1his application for she plan approval. The properly owne(s signature below shall also serve as authorization
for the above applicant or agent to act on beha~ of said properly owner.
Property Owner Signature:
Property OWner Name {Dloaeø Dl'lnt}.
Mailing Address:
Phone:
STATE OF FLORIDA
COUNTY OF
Þlmjç¡P§!$ip!iW¥!t1W¡¡¡¡j¡¡¡!j:·@!j:· ".
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The foregoing instrument was acknowfedged before me this_
Project Reviewer.
day of
.20_. by
DRC Review.
who is personally known to me or who has produced
Approval Date:
as identilk:ation,
Comments:
Signature of Notary
Type or Print Name of Notary
-
No1arv Public nle
Commission Number
(SeaQ
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Ocean Bay Preserve
Exhibit A
THAT PORTION OF THE FOLLOWING DESCRIBED PROPERTY LYING EAST OF
SOUTH SR A-I-A:
SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST. A TRACT OF LAND, THE
SOUTII LINE OF WHICH IS 6,323.74 FEET NORTH OF THE SOUTH LINE OF
SECTION 27 AND THE NORTH LINE IS 7,295.02 FEET NORTH OF THE SOUTH
LINE OF SECTION 27 AND BOUNDED ON THE WEST BY THE INDIAN RIVER AND
ON THE EAST BY THE ATLANTIC OCEAN - LESS SOUTH SR A-I-A.
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AGENDA REOUEST
ITEM'NO. C-5
DATE: April 3, 2001
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Resolution No, 01-88 - Opposing Utilization of Preservation 2000 Funds for Other State Projects
BACKGROUND: See attached memorandum CA 01-488
FUNDS A V AILABLE: N/ A
PREVIOUS BOARD ACTION: N/A
RECOMMENDATION: Staff recommends that the Board of County Commissioners consider approval of proposed
Resolution No. 01-88.
COMMISSION ACTION:
CONCURRENCE:
[x] APPROVED [] DENIED
[ ] OTHER:
~~~
Douglas Anderson
County Administrator
County Attorney:
~
Review and Accrovals
Management & Budget:
Purchasing:
Originating Dept.
Other:
Other:
Finance: (Check for Copy only, ¡fapplicable): _
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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: 01-488
DATE: March 28,2001
SUBJECT: Resolution No, 01-88 - Opposing Utilization of Preservation 2000
Funds for Other State Project
BACKGROUND:
On March 22, 2001, the Florida Senate Appropriations Committee voted to use one hundred
million and 00/100 dollars ($100,000,000,00) of the Preservation 2000 Funds to pay for the
Everglades Restoration Project in fiscal year 2002. The proposed redirection of the Preservation
2000 funds will eliminate funding allocated to approved conservation and recreation projects across
the state, These projects could include the Paleo Hammock project in S1. Lucie County as Florida
Communities Trust (FCT) Preservation 2000 funds are currently allocated for the purchase of the
project lands, Assuming Florida Forever funds would be utilized to purchase the Paleo Hammock
site, fewer dollars would then be available through FCT this year to provide funding for other local
projects, such as the Ancient Oaks Preserve which the County has already purchased.
Commissioner Barnes has requested that staff draft a resolution voicing the Board's
opposition to the utilization of Preservation 2000 fund for other state projects, A copy of the
proposed resolution is attached to this memorandum for the Board's consideration,
CONCL USION/RECOMMENDA TION:
Staff recommends that the Board of County Commissioners consider the adoption of
proposed Resoiution No. 01-88.
Respectfully submitted,
~b
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to:
County Administrator
Community Deveiopment Director
Deputy Cierk
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RESOLUTION NO. 01 -88
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF ST. LUCIE COUNTY, FLORIDA OPPOSING THE UTILIZATION OF
PRESERVATION 2000 FUNDS FOR OTHER ST ATE PROGRAMS
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
I. On January 9,1991, St. Lucie County adopted the St. Lucie County Comprehensive
Plan pursuant to Ordinance 90-01.
2, The adopted comprehensive plan contains objectives and polices which support the
acquisition of conservation and recreation lands for the protection of natural
resources, including native plant communities and endangered and threatened plant
and animal species,
3. On November 8, 1994, the voters ofSt. Lucie County approved a twenty million and
00/1 00 dollars ($20,000,000,00) bond issue for the purpose of acquiring
environmentally significant lands.
4. St, Lucie County has utilized the Preservation 2000 Program to share the costs of
acquiring local conservation and recreation lands and has active projects that are
dependent on the remaining Preservation 2000 funds,
5. On March 22, 2001, the Florida Senate Appropriations Committee voted to redirect
one hundred million and 00/1 00 dollars ($100,000,000.00) of the remaining
Preservation 2000 funds to the Everglades Restoration Project.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt.
Lucie County, Florida:
A. St. Lucie County urges the members of the Florida Legislature to ensure the
remaining Preservation 2000 funds are utilized for the acquisition of conservation
and recreation lands, and oppose any effort to reallocate Preservation 2000 funds to
other state programs;
B. St. Lucie County urges the members of the Florida Legislature which oversee the
utiiization of the Preservation 2000 funds to ensure the funds are utilized for the
completion of existing environmental land projects.
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After motion and second, the vote on this resolution was as follows:
Chainnan Francis Hutchinson
xxx
Vice-Chainnan Douglas Coward
xxx
Commissioner Cliff Barnes
xxx
Commissioner Paul Lewis
xxx
Commissioner John Bruhn
xxx
PASSED AND DULY ADOPTED this XX day of XX, 200 I.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
g:\atty\resDltn\200 I \0 1-88.wpd