HomeMy WebLinkAboutAgenda Packet 03-20-01
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MARCH 20,2001
7:00 PM
BOARD OF COUNTY
COMMISSIONERS MEETING AGENDA
WELCOME
GENERAL RUlES AND PROCEDURES
Attached is the agenda which will deterlIÚIle the order of business conducted at today's Board
meeting:
CONSENT AGENDA- These items are considered routiné and are enacted by one motion. There
will be no separate discussion of these items unless a Commissioner so requests.
REGULAR AGENDA lTEMS- Proclamations, Presentations, Public Hearings, and Department
requests are items which the Commission will discuss individually usually in the order listed on
the agenda.
PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or
as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second
or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or
as soon thereafter as possible. These time designations are intended to indicate that an item will
not be addressed 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
lIÚIlutes.
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 lTEMS- 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 lIÚIlutes.
DECORUM- Please be respectful of others opinion.
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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 AM., unless otherwise
advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
workshops throughout the year necessary to accomplish their goals and commitments. Notice is
provided of these workshops. 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.
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www.stlucieco.gov
John D. Bruhn
Doug Coward
Paula A. Lewis
Frannie Hutchinson
Cliff Barnes
District 1
Dist.rict 2
District 3
District 4
District 5
ßOARD OF COUNTY
COMMISSIONERS
AGENDA
March 20, 2001
7:00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
1. MINUTES
Approve the minutes of the meeting held March 13, 2001. I~Jp(ûJed
2. PROCLAMATION/PRESENTATION
Resolution No. 01- 79 Proclaiming the week of March 25,2001 through Marct¡. 31,
2001, as "Diabetes Awareness Week" in St. Lucie County, Florida. Af1Jro{t'ci .
3. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA fr¡0/J rowd
PUBliC HEARINGS
COMMUNITY DEVELOPMENT
SA. Resolution No. 01-008/ Ouasi-Iudicial / Rose Kyle Properties - Consider staff
recommendation to approve the resolution granting a change in zoning from the
CN (Commercial, Neighborhood) Zoning District to the CO (Commercial Office)
Zoning District to allow the applicant to establish a medical office on the subject
property. Location: South side of West Midway Road, approximately 200 feet east
of South 25th Street. -Ûv-\,' r J A ,(I
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NOTICE: All Proceedings hefore this Board are electronically recorded. An)' person who decides to appeal any
action taken hythe Boaril at these meetings will need a record of the proceedmgs and for such purpose may neeil
to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings,
individuals testifying during a hearing will be sworn in. Any 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 meetin!:.should contact the St. Lucie County Community Services
Manager at (561) 462-1777 or TOO (561) 462-1428 at least forty-eight(48) honrs prior fo the meeting.
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REGULAR AGENDA
MARCH 20, 2001
PAGE TWO
5B. Resolution No. 01-009/ Quasi-Judicial / Vedic Cultural Society - Consider staff
recommendation to approve the resolution granting a change in zoning from the
CG (Commercial, General) Zoning District to the RF (Religious Facilities) Zoning
District to allow the applicant to establish a worship center on the subject
property. Location: North side of Ulrich Rpad, approximately 200 feet west of
South US Highway 1. ¡crP()íòJecl .
5C. Resolution No. 01-012/ Quasi-Judicial/Midway Energy Center - Consider staff
recommendation to appr-ove the resolution, subject to the cited conditions
contained therein, granting a change in zoning from the AG 1 (Agricultural - 1 du
/ acre) Zornng District and AG-25 (Agricultural- 1 du /2.5 acres) Zoning District
to the 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, electric generating plant.
Location: North side of Midway Road, approximately .76 miles east of II-Mile Road
and approximately one-half mile west of 1-95.
~D:\ Ordinance No. 01-001 - Consider staff recommendation to adopt the ordinance
~ amending the St. Lucie Land Development Code to amend the County's temporary
use provisions and sign permit exemptions for certain activities associated with
the on and off premises sales and display of motor vehicles.
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End of Public Hearings
8 AIRPORT
.,~ Permission to Advertise for Bids - Consider staff recommendation to grant
'" ~ permission to advertise for bids for approximately 450 acres on the north side of
\)\; W St. Lucie County International Airport to be used for non-aviation purposes, and
\ 0' authorize staff to work with an appraiser to determine a fair market value for the
Q'~\:c~ property.
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CONSENT AGENDA
March 20. 2001
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1. WARRANTS LIST
Approve warrants list No. 24
2. MANAGEMENT AND BUDGET
A. Budget Resolution No. 01-77 1 Rouse Road MSBU Budget - Consider staff
recommendation to adqpt the budget resolution establishing the budget for
the Rouse Road MSBU project and approve the use of funds from the MSBU
project reserves to begin construction, and authorize the Office of
Management and Budget to proceed with obtaining interim financing for
the project from Bank of America when the prepayment period ends.
B. Budget Resolution No. 01-78 Scrivener Error - Consider staff
r~cQmmendation to adopt the budget resolution correcting a scrivener error
in amounts previously identified.
3. AIRPORT
A. Resolution No. 01-78 / Joint Participation Agreement (JPA) - Consider staff
recommendation to accept the Florida Department of Transportation
(FDOT) Joint Participation Agreement, authorize the Chairman to sign and
execute the JPA and the resolution for the utilities improvement project at
St. Lucie County Airport. This JPA provides for $56,000 0 the $85,060
necessary for the project. This is a 20% matching fund JPA with the Florida
Department of Transportation.
B. Airport Water System Improvement Contract Consider the
recommendation of Inwood Consulting Engineers to award the Airport
Water System Improvement Contract to the low bidder, Johnson-Davis, Inc.,
in the amount of $85,060.
4. COMMUNITY DEVELOPMENT
Final Plat Approval/Childers SjD - Consider staff recommendation to approve the
final plat of Childers SjD and authorize final execution. Location: West side of
South 25th Street, approximately 165 feet south of the F.E.C. Railroad right-of-way.
5. COUNTY ATTORNEY
Treasure Coast Archers / Facilities Use Agreement - Consider staff
recommendation to approve the proposed Facilities Use Agreement with the
Treasure Coast Archers and authorize the Chairman to sign the agreement upon
receipt of the signed originals from the club.
8 PURCHASING
t"'V . \ ( . ~(\Oí Bid No. 01-022 /RoofReplacements - Consider staff recommendation to award the
. "\ \J..>v'--' bid to Tom Tanenbaum, Inc. for the Empire I and Empire II, and to The Roof
Jri\ "'''~. Authority, Inc., for EOC, and RockRoadA1-A4, and authorize the Chairman to sign
. \V the contracts as prepared by the County Attorney.
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MARCH 20, 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 routinè and are enacted by one motion. There
will be no separate discussion of these items unless a Commissioner so requests.
REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department
requests are items which the Commission will discuss individually usually in the order listed on
the agenda.
PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or
as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second
or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 AM. 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. Co=ents will be limited to five
lIÚIlutes.
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 lIÚIlutes.
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 AM., unless otherwise
advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional
workshops throughout the year necessary to accomplish their goals and commitments. Notice is
provided of these workshops. Anyone with a disability requiring accommodation to attend this
meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or
mD (561) 462-1428 at least forty-eight(48) hours prior to the meeting.
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www.stlucieco.gov
John D. Bruhn
Doug Coward
Paula A. Lewis
Franuie Hutchinson
Cliff Barnes
District 1
Dist,rict 2
District 3
District 4
District 5
ßOARD OF COUNTY
COMMISSIONERS
AGENDA
March 20, 2001
7:00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE
1. MINUTES
Approve the minutes of the meeting held March 13, 2001.
2. PROCLAMATION/PRESENT ATION
Resolution No. 01- 79 Proclaiming the week of March 25, 2001 through March 31,
2001, as "Diabetes Awareness Week" in St. Lucie County, Florida.
3. GENERAL PUBLIC COMMENT
4. CONSENT AGENDA
PUBLIC HEARINGS
COMMUNITY DEVELOPMENT
sA. Resolution No. 01-008/ Quasi-Tudicial 1 Rose Kyle Properties - Consider staff
recommendation to approve the resolution granting a change in zoning from the
CN (Commercial, Neighborhood) Zoning District to the CO (Commercial Office)
Zoning District to allow the applicant to establish a medical office on the subject
property. Location: South side of West Midway Road, approximately 200 feet east
of South 25th Street.
NOTICE: All Proceedings hefore this Board are electronically recorded. An)' person who decides to appeal any
action taken by the Boaril at these meetings will need a record ofthe proceedmgs and for such purpose may neeil
to ensure that a verbatim record of the proceedings is made. Upon the request of any Jlarty to the proceedings,
individuals testifying duripg a he.ari"g will be ~w!,rn in.. Any pa'1Y to the proceedings will b.e gral)ted. tþe
opportunity to cross-examme any mdlVldual teshfymg durmg a hearmg upon request. Anyone wIth a dlsablbty
requiring accommodation to attend this meetin!:.should contact the St. Lucie Conntv Commnnity Services
Manager at (561) 462-1777 or TOO (561) 462-14Z8 at least forty-eight(48) hours prior to the meeting.
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REGULAR AGENDA
MARCH 20, 2001
PAGE TW
Resolution No. 01-0091 Quasi-Judicial 1 Vedic Cultural Society - Consider staff
recommendation to approve the resolution granting a change in zoning from the
CG (Commercial, General) Zoning District to the RF (Religious Facilities) Zoning
District to allow the applicant to establish a worship center on the subject
property. Location: North side of Ulrich Road, approximately 200 feet west of
South US Highway 1.
5~ Resolution No. 01-0121 Quasi-Judicial 1 Midway Energy Center - Consider staff
).:1 .... recommendation to appr-Ove the resolution, subject to the cited conditions
^ 1\" / contained therein, granting a change in zoning from the AG1 (Agricultural- 1 du
" '. ~ .?' 1 acre) Zoning District and AG-2 5 (Agricultural - 1 du 1 2.5 acres) Zoning District
\.) !iØV¡' J ,v 0 the PNRD (planned Nonresidential Development) Zoning District, Preliminary
,r' þ" , RD approval for the Cooney-Midway Grove PNRD and partial final PNRD
fl·· approval for the construction of a 510 megawatt, electric generating plant.
U. Location: North side of Midway Road, approximately. 76 miles east of ll-Mile Road
(\0"'''' .J'f'. v~ "1nd approximately one-half mile west of 1-95.
)ft 0tD. Ordinance No. 01-001 - Consider staff recommendation to adopt the ordinance
( ,,'>I amending the St. Lucie Land Development Code to amend the County's temporary
n \ \ use provisions and sign permit exemptions for certain activities associated with
r / the on and off premises sales and display of motor vehicles.
End of Public Hearings
6.
AIRPQRT
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Permission to Advertise for Bids - Consider staff recommendation to grant
permission to advertise for bids for approximately 450 acres on the north side of
St. Lucie County International Airport to be used for non-aviation purposes, and
authorize staff to work with an appraiser to determine a fair market value for the
property.
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CONSENT AGENDA
March 20. 2001
1. WARRANTS LIST
Approve warrants list No. 24
2. MANAGEMENT AND BUDGET
A. Budget Resolution No. 01-77 I Rouse Road MSBU Budget - Consider staff
recommendation to adqpt the budget resolution establishing the budget for
the Rouse Road MSBU project and approve the use of funds from the MSBU
project reserves to begin construction, and authorize the Office of
Management and Budget to proceed with obtaining interim financing for
the project from Bank of America when the prepayment period ends.
B. Budget Resolution No. 01-78 Scrivener Error - Consider staff
r~commendation to adopt the budget resolution correcting a scrivener error
in amounts previously identified.
3. AIRPORT
A. Resolution No. 01-78 1 Joint Participation Agreement UP A) - Consider staff
recommendation to accept the Florida Department of Transportation
(FDOT) Joint Participation Agreement, authorize the Chairman to sign and
execute the JPA and the resolution for the utilities improvement project at
St. Lucie County Airport. This JPA provides for $56,000 0 the $85,060
necessary for the project. This is a 20% matching fund JP A with the Florida
Department of Transportation.
B. Airport Water System Improvement Contract Consider the
recommendation of Inwood Consulting Engineers to award the Airport
Water System Improvement Contract to the low bidder, Johnson-Davis, Inc.,
in the amount of $85,060.
4. COMMUNITY DEVELOPMENT
5.
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Final Plat Approval I Childers SID - Consider staff recommendation to approve the
final plat of Childers SID and authorize final execution. Location: West side of
South 25th Street, approximately 165 feet south of the F.E.C. Railroad right-of-way.
COUNTY ATTORNEY
Treasure Coast Archers I Facilities Use Agreement - Consider staff
recommendation to approve the proposed Facilities Use Agreement with the
Treasure Coast Archers and authorize the Chairman to sign the agreement upon
receipt of the signed originals from the club.
PURCHASING
Bid No. 01-022 1 Roof Replacements - Consider staff recommendation to award the
bid to Tom Tanenbaum, Inc. for the Empire I and Empire II, and to The Roof
Authority, Inc., for EOC, and RockRoadA1-A4, and authorize the Chairman to sign
the contracts as prepared by the County Attorney.
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BOARD OF couNTY COMMISSIONERS
MARCH 20, 2001 . r ,
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MARCH 20, 2001
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-.. BOARD OF COUNTY COMMISSIONERS
S1. LUCIE COUNTY, FLORIDA
REGULAR MEETING
Date: March 13,2001
Tape:1,2
Convened: 9:05 a.m.
Adjourned: 10:40 a.m.
Commissioners Present: Chairperson, Frannie Hutchinson, John D. Bruhn Paula A. Lewis, Cliff
Barnes, Doug Coward
Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County
Administrator, Dan McIntyre, County Attorney, Paul Phillips, Airport Director; Marie Gouin,
Management & Budget Manager; Don West, County Engineer; Jack Southard, Director, Public
Safety; Ruth Totton, Interim Purchasing Manager; Leo Cordeiro, Solid Waste Manager; Joe
Finnegan, Risk Manager; Pat Clute, Interim Human Resource Director; Pete Keogh, Director
Leisure Services; Linda Brown, Recreation Manager; Dennis Wetzel, Information Technologies
Director; Paul Hiott, Veterans Manager; Gayla Barwick, Tourism Development Manager; Susan
Kilmer, Library Manager; Dennis Murphy, Assistant Community Development Director;
Gertrude Walker, Supervisor of Elections; Beth Ryder, Community Services Manager; Deputy
Williams, Lauri Heistermann, Deputy Clerk
1. MINUTES(1-032)
It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the meeting
held March 6, 2001; and, upon roll call, motion carried unanimously.
2. PROCLAMATION/PRESENTATION
Resolution No. 01-74 - Consider staff recommendation to adopt the resolution opposing the
changes in the proposed 2001-2002 Juvenile Justice Budget by Governor Jeb Bush which would
require counties to shoulder the entire expenses of housing juveniles before their criminal cases
are resolved, and further opposing shifting funding from the state to local governments for the
costs associated with non-adjudicated juveniles.
It was moved by Com. Bruhn, Seconded by Com. Coward, to approve Resolution No. 01-74; and
upon roll call motion carried unanimously.
3. GENERAL PUBLIC COMMENTS
Mrs. Jean Hearn, St. Lucie County Resident, addressed the Board regarding the ad agency for
Tourist Development. She also addressed the Board with her concerns on renaming the Airport.
Bob Bangert, St. Lucie County Resident, addressed the Board with his concerns on renaming the
Airport.
Robert Anderson, St. Lucie County Resident, addressed the Board with his concerns on
renaming the Airport. He also, addressed the Board with his concerns on the Property Appraiser
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office spending budget monies on health club memberships.
Ed Danamon, St. Lucie County Resident, addressed the Board with his concerns of items being
placed on the consent agenda and not being put on the agenda as a public hearing item.
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4. CONSENT AGENDA(I-412)
It was moved by Com. Lewis, seconded by Com. Coward, to approve the Consent Agenda; to
include the additions; and, upon roll call, motion carried unanimously.
I. WARRANT LIST
The Board approved Warrant List No. 23.
2. DECISION PACKAGE
A. Request for approval of Leisure Services Organization Realignment - The Board
approvcd staffrccommendation to approve the Leisure Services' proposed Organization
Realignment.
B. Department Name Change - The Board approved staff recommendation to approve the
request to change the name of Leisure Services to Parks and Recreation.
C. Allocation ofESL Bond Funds for Initial Site Improvements - The Board approved staff
recommendation to approve the allocation of $251 ,000 of ESL bond monies for initial
site improvements.
D. Transfer of the ESL Program and Existing Personnel from Leisure Services to Public
Works - The Board approved staff recommendation to approve the transfer.
Com. Coward stated that he supports what had been discussed at the strategic planning sessions,
however he asked for clarification on the actual duties and responsibilities of the program.
Pete Keogh, Leisure Services Director, stated that the documentation provided to the Board
outlined a broad scope of responsibilities.
Com. Coward, asked why some of the responsibilities outlined were grouped together under the
ESL Program when they do not relate to the ESL Program.
Doug Anderson, stated that the plan at this point is to have these positions report directly to the
Public Works Director to determine how much work is involved and to be able to determine if
changes would need to be made.
E. Insurance Evaluation - The Board approved the Insurance Committee recommendation to
approve solicitation of quotes, evaluation of the responses and execution of a contract for
the study of services, not to exceed $7,500.
Com. Bruhn asked if this was going to be used to examine additional medical packages.
Joe Finnegan, Risk Manager stated that the study would look at all of the current benefits that the
County currently has.
F. Permission to Advertise/Extension of the 3-cent Gas Tax from January 5, 2005 to August
31, 2015 - The Board approved staff recommendation to grant permission to advertise a
public hearing, and direct the County Attorney to draft the appropriate ordinance.
Com. Coward stated that his understanding with talking to the City Commissioners and the City
Council Members from both Fort Pierce and Pt. St. Lucie, is that we had two different positions.
-2-
03/08/01
FZABWARR
I )
001
001111
001117
001124
001128
001130
001134
001241
001252
001256
001258
001259
001807
001810
101
101002
101003
102
102001
105
107
107002
111
140
140001
145813
160
183
183001
183004
183211
]' '112
] JOl
10...204
186
186204
301
304
316
316001
362
390
401
418
421
441
448
451
L J
461
471
491
50J.
505
505001
510
611
630
677
678
679
692
693
""
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ST, LUCIE COUNTY - BOARD
WARRANT LIST #23- 03-MAR-2001 TO 08-MAR-2001
FUND SUMMARY
TITLE
General Fund
FTA-001-49 USC Sec 5307 96/97
FTA 49 USC Sec 5307 98/99
FTA USC Section-5307 FY 99/00
Section 112/MPOÎFHWA/P1anninq FYOl
TC Community Action Agency FYOO/Ol
Terrorism Annex to comp plan
Ft. Pierce Inlet Boat Launch Area
Urban Mobile Irrigatf'on Lab Grant
CTD TRIP Grant FY 00 01
TDC Planning Grant F 00/01
Emergency Mgmt. Prep & Asst. FY 00/
Florldian Aquifer Well Monitoring
Arts Along These Waters/Student Art
Transportation Trust Fund
Transportation Trust/.80% Constitut
Transportation Trust/Local Option
Unincorporated Services Fund
Drainage Maintenance MSTU
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-E911 Surchar
River Park I 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.- Teen Court
Civil Traffic Infraction officer st
OSCA-Court Reporting Grant 00/.01
SHIP Housing Assistance FY 00/01
FHFA SHIP 99/00
Recycling Operating Fund
Recycling & Educatlon Grant FYOO/01
So. County Regional Stadium
Communication System Fund
County Capital
Transportation Capital
Sports Comple~ Improv Fund
Treasure CovelOcean Harbor S Cap
Sanitary Landfill Fund
Golf Course Fund
H.E.W. Utilities Fund
North Hutchinson Island Utilities
Renewal & Replacement Fund
S. Hutchinson Utilities Fund
.L.....................
Sports Complex Fund
Holiday pines Utilities Fund
Building Code Fund
Information Technology Fund
Health I~surance Funa
Property/Casualty Insurance Fund
Service Garage Fund
Tourist Development Trust-Adv Fund
Tax Deed Overbld Aqency Fund
Lost Tree Estates Fund
Anita Street MSBU Fund
Timberlake Estates MSBU
Ideal Holding Road MSBU
Westg1en MSBU
GRAND TOTAL:
EXPENSES
119,799.08
86.00
33.28
118.30
947.15
2,981.13
94.04
1,995.00
217.56
2,321.04
60.91
27,990.00
217.56
996 . 90
28,830.32
6,945.84
4,520.00
23,614.18
6,630.69
2,164'.71
98,608.52
5,610.50
2,593.03
9,577.66
1,017.19
70.80
3,191.17
623.12
338.66
600.93
1,735.00
679.50
421.32
23,24
327.40
109.12
582,50
508.20
221,323,26
7,680.00
25,304.31
2,050.00
536,100.95
12,847.39
35.30
2,905.11
13,086.00
2,022.75
11,500.11
323.26
3,757.84
41,684.49
2,766.72
959.66
13,501. 04
12,831.51
314.06
9,167.61
1,087.10
4,382.36
2,630.61
4,165.14
1,289,608.13
PAGE
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PAYROLL
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0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
O.GO
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6,378.55
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
6,378.55
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They both support the extension, I is contingent on the County keeping the correct formula that
is based on locally generated concept on how many roads you build over the last 5 years. The
other would like to use the State formula that is based on population.
Com. Hutchinson concurred with Com. Coward.
~..
Com. Coward asked what the time frame was associated with this item.
Dan McIntyre, County Attorney stated that it would have to be adopted by July I ". He also
stated that this is the extension of the taxes currently in place through 2005. The ordinance levies
the tax but the County would need to do a interlocal agreement with both cities.
Com. Coward requested more information to be able to properly direct staff.
Com. Barnes stated that at this time we are advertising for Public Hearing. He asked if the
formula needed to be in place to place the advertisement. He suggested advertising at this time
and get additional information in place in the mean time.
Dan McIntyre, County Attorney stated that he would draft the ordinance and circulate it to the
Board for their review. In addition, at a staff level, they would discuss the existing interlocal
agreement which does deal with the issue of allocation and report back to the Board before the
ordinance is advertised.
3. PURCHASING
Equipment Request No. 01-090 and No. 01-091 - The Board approved staff recommendation to
approve the equipment requests for the purchase of two (2) ITont deck riding mowers ITom
Sunrise Tractor Equipment in the amount of$14,997 each, as per the St. Lucie County
Purchasing Manual 5.5 Bid Waiver and F10rida State Statues Chapter 287.
4. INFORMATION TECHNOLOGY
A. Budget Amendment No. 01-1 29/Y2K Kronos Implementation - The Board approved staff
recommendation to approve the budget amendment to use contingency funds to pay the
balance due of$II,279 for the Y2K Kronos Implementation.
B. Reclassification Request No. RCOI-003 - The Board approved staff recommendation to
approve the position reclassification of the vacant Programmer position to Network
Desktop Technician.
Com, Hutchinson asked if the vacant programmer position was being eliminated completely.
Dennis Wetzel, Information Technologies Director stated that the Network Desktop Technician
will replace the programmer position and the programmer position will no Jonger exist.
Com. Bruhn asked if the Network Desktop Technician would be located at the State Attorney's
Office.
Dennis Wetzel, Information Technologies Director stated that this position was utilized for the
State Attorney's Office.
5. PUBLIC WORKS
A. Solid WastelLandfill Gas Collection and Control System Expansion - The Board
approved staff recommendation to approve the February 26, 2001 proposal ITom Camp
Dresser & McKee, Inc., for providing professional engineering services related to the
design, permitting, bidding and services during construction of the proposed landfill gas
collection and control system expansion at the Glades Road Landfill, for the total amount
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of$157,000.
Com. Bruhn requested clarification on this issue.
Leo Cordeiro, Solid Waste Manager, addressed the Board. He gave the Board the specific break
down for the $157,000'!md what the professional engineering services were required to provide
to the project.
Com. Bruhn voiced his concerns with having a representative from the firm on site on a daily
basis.
Leo Cordeiro, Solid Waste Manager, addressed his concerns. He stated that with no
representative on site the firm could skip important steps of the project that would hurt the
County in the long run.
Com. Coward, requested that Leo Cordeiro address the Board regarding a telephone conversation
that he had with Mr. Cordeiro where he stated that item 5A would need to be completed
regardless of item 5D
Leo Cordeiro, Solid Waste Manager, stated that he tends to connect the two, however if Board
direction was not to do anything with the BP Technology proposal the clean air act still requires
that once garbage has been in place for at least 6 months that a gas collection system would need
to be installed.
B. Rouse Road MSBU/First Amendment to Interlocal Agreement - The Board approved
staff recommendation to approve the First Amendment to the Interlocal Agreement with
St. Lucie Village and St. Lucie County, and authorize the Chairman to sign the
agreement.
C. Solid Waste/Contract Extension - The Board approved staff recommendation to approve
the remaining one-year extension :for Overland Services, Inc., Contract No. 98-03-453.
D. Solid Waste/RFP No. 01-031lUtilization of Landfill Gas - The Board approved staff
recommendation to authorize staff to negotiate with BP Technology, and authorize the
County Attorney to prepare a contract for final Board approval.
Com. Coward complimented the staff of the Solid Waste Department for the work put into this
RFP.
6. UTILITIES
Bid No. 01-007/Holiday Pines Wastewater Treatment Plant Settling Tank Rehabilitation - The
Board approved staff recommendation to award the bid to Hutchinson Utilities Service Corp., the
low bidder, in the amount of$63,362, and authorize the Chairman to execute the contract as
prepared by the County Attorney.
7. COUNTY ATTORNEY
A. Revocable License Agreement/FF A Road - The Board approved staff recommendation to
approve the Revocable License Agreement with the USDA, ARS, USHRL facility,
authorize the Chairman to execute the Agreement, and direct staff to record the document
in the Public Records of St. Lucie County, Florida.
B. Indian River Lagoon Blueway CARL Project/Queens Island Phase II - The Board
approved staff recommendation to approve the Quit Claim Deeds to the Trustees for the
Internal Improvement Trust Fund, authorize the Chairman to execute the documents, and
direct staff to record the documents in the Public Records of St. Lucie County, Florida.
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C. Termination of Lease Agreement/3828 N. Kings Highway - The Board approved staff
recommendation to approve the request to terminate the lease agreements with Robert C.
Hardwick and Robert C, Hardwick d/b/a! Hardwick Agency, Inc. retroactive to October
22, 2000, and approve the proposed amendment to the lease agreement with Hardwick
Groves.
~
D. Certificate of Public Convenience and Necessity - Renewal for Port St. Lucie Volunteer
Ambulance Service, Inc. (Class B) - The Board approved staff recommendation that the
Board determine that Port St. Lucie Volunteer Ambulance Services, Inc. remains in
compliance with the terms of its certificate and Chapter 1-12.5 of the St. Lucie County
Code of Ordinance, and approve the application for renewal of its Class B CON.
E. Certificate of Public Convenience and Necessity - Renewal for Community Transit (Class
F) - The Board approved staff recommendation that the Board determine th!lt Community
Transit remains in compliance with the terms of its certificate andChapter 1-12.5 ofSt.
Lucie County Code of Ordinance, and approve the application for renewal of its Class F
CON.
F. Upgrade to Laser Fiche Database - The Board approved staff recommendation to approve
the purchase of LaserFiche Plus with Executive CDR Software, including an HP9lOOi
CD-RW Read/Write CDROM to burn the information to a CD, with support from R&S
Integrated Procedures and Service, Inc. in the amount of $7,082.
G. Florida Power and Light Trail - The Board approved staff recommendation to approve the
License Agreement and authorize the Chairman to sign the agreement.
H. Emergency Debris Removal Contract - The Board approved staff recommendation to
approve the contract with Ashbritt, Inc. and authorize the Chairman to sign the contract.
8. INVESTMENT FOR THE FUTURE
A.
Engineering/Bid No. 01-005/ Orange Avenue over Header Canal Bridge Replacement
with Con/Span Bridge System - The Board approved staff recommendation to award the
bid to Murphy Construction Company, Inc., the lowest bidder, in the amount of
$598,917.40, establish the project budget, and authorize the Chairman to sign the contract
as preOpared by the County Attorney.
.
B. Engineering/South 25th Street over 10-Mile Creek Bridge Repair Project - The Board
approved staff recommendation to approve the scope and fee proposal submitted by
Jenkins & Charland, Inc. for engineering services necessary to certifY the activities
associated with the repairs in the amount of $4,500, and authorize the chairman to sign
the contract.
9. LEISURE SERVICES
A. Budget Amendment No. o I-I 28Æquipment Request No. 01-237 - The Board approved
staff recommendation to approve the budget amendment and equipment request for the
purchase of a new computer to operate the Civic Center sign.
B. Budget Amendment No. 01-130Æquipment Request No. 01-238 - The Board approved
staff recommendation to approve the budget amendment and equipment request to
purchase a replacement ice machine for the concession stand at Lawnwood Baseball
Field.
C. Budget Amendment No. OI-131/Equipment Request No. 01-239 - The Board approved
staff recommendation to approve the budget amendment and equipment request for
exhibits for the Environmental Learning Center
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D. RFP for Professional Landscape Architect & Planning Service/Park Evaluation & Design
- Continuing Contract -- The Board approved staff recommendation to grant permission
to advertise a Request for Proposals.
E. Change Order No. 3/Summerlin Seven Seas, Inc. - The Board approved staff
recommendati¿~ to approve the change order which increases the amount by $25,200,
thereby making the new contract sum $119,997, and authorize the Chairman to sign the
change order, for the construction of Observation Towers at the Environmental Learning
Center in the amount of $18 per square foot.
F. Skateboard Facility Improvement (Matching Dollar Proposal) - The Board approved staff
recommendation to approve the use of up to $5,000 from Park Impact Fees as matching
dollars for the City of Port St. Lucie facility improvement, direct the County Attorney to
prepare an Interlocal Agreement, and authorize the Chairman to sign the agreement.
Com. Hutchinson stated that she hoped the city acknowledges the money given to them for the
Skateboard Facility and will work more closely with us on the new South County Stadium.
10. COMMUNITY DEVELOPMENT
A. Environmental Protection Recreational Trails Grant Program - The Board approved staff
recommendation to authorize the submission of one grant application to the Florida
Department of Environmental Protection for a Trailhead structure at the Fairgrounds, and
authorize the County administrator to sign the application,
B. North American Wetlands Conservation Act Grant Program - The Board approved staff
recommendation to grant permission to resubmit a grant application to the United States
Fish and Wildlife Service to assist in the purchase oflands within the North Fork of the
St. Lucie River Conservation and Recreation Lands (CARL) boundary, and authorize the
county Administrator to sign the application.
t
C, Change Order No. 5/World of Plastics/Oleander Business Park CDBG Grant Project _
The Board approved staff recommendation to execute the change order.
11. COMMUNITY SERVICES
A. 2000-2001 Community Services Block Grant Modification of Agreement with Florida
Department of Community Affairs/Budget Resolution No. 01-73 - The Board approved
staff recommendation to approve the agreement and budget resolution, and authorize the
Chairman to sign all documents.
B. State of Florida Department of Juvenile Justice Delinquency Prevention Grant - The
Board approved staff recommendation to authorize the submission of the grant
application and authorize the Chairman to sign all necessary documents, including a letter
stating that no local funding is available.
C. Resolution No. 01-75/St. Lucie County Local Housing Assistance Plan for Fiscal Years
2001-2002,2002-2003,2003-2004, State Housing Initiative Partnership (SHIP) Program
- The Board approved staff recommendation to adopt the resolution amending the plan.
D. Support ofHB 79 and SB 256 - The Board approved staff recommendation for
authorization for the Chairman to sign the letter urging support of HB 79 and SB 256
which will provide additional funding for the Transportation Disadvantaged by removing
exemptions from the collections for the Transportation Disadvantaged Trust Fund.
12. MANAGEMENT AND BUDGET
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Sunrise Theatre Grant Application - The Board approved staff recommendation to authorize the
grant writer's time to assist in the preparation of the National Endowment for the Humanities
Grant application and to prepare a Letter of Support fo the Chairman's signature.
13. ADMINISTRATION
..
A. Possible New Office Space/Orange Blossom Mall - The Board approved staff
recommendation for authorization to negotiate with the St. Lucie County School District
in an attempt to bring back a lease agreement for Board consideration.
B.
Denial of Sheriffs Request for Funds - The Board approved staff recommendation to
approve the response denying funds to support the Youth Intervention and Diversion
Program.
,
14. PUBLIC SAFETY
Budget Resolution No. 01-76/Position Request No. 01-068 - The Board approved staff
recommendation to Approve the budget resolution and position request to hire Radio Systems
Coordinator for the 800 MHz Public Safety Radio Communication System.
ADDITIONS
UTILITIES
CA-1 - Equipment Request No. EQOI-240 - The Board approved staff recommendation to
approve the equipment request for purchase of the renewal replacement computers and upgraded
software for the South Hutchinson Island WWTP in the amount of $1 0,090.
J
REGULAR AGENDA
SA PUBLIC HEARINGS
.
There were no public hearings scheduled for this meeting
6. DECISION PACKAGES/PHASE 1
Airport Name Change - Consider staffrecommendation to approve the request to rename St.
Lucie County International Airport to Florida Treasure Coast International Airport.
Paul Phillips, Airport Director addressed the Board. He stated that this was a request from
Florida Coastal Airlines.
Dean Forest, CEO, Florida Coastal Airlines made a presentation to the Board. He outlined why
they felt it would be a benefit to change the name of the Airport.
After a lengthy discussion by the Board members it was the consensus of the Board to deny staff
recommendation. They did not feel that changing the name of the Airport would benefit the
County or bring in additional business. They suggested that the approach to the way the Airport
is marketed should be looked at.
7. ADMINISTRATION
Bi-weekly Committee Reports - The Board will give updates on the various committees and
advisory boards that they serve on.
Com. Lewis stated that the Council on Aging did meet and they will be holding a retreat on the
March 23, 2001.
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Com. Lewis stated that the Value Adjustment Board did not meet.
Com. Barnes stated that the committees that he serves on have not met.
Com. Coward stated that he had a scheduling conflict and was unable to attend the Indian River
Lagoon NEP meeting. What they are doing at this time is re-planning their mission statement.
Com. Bruhn, stated that he had a scheduling conflict with the Work Force Development Board
Com. Bruhn stated that the Law Library Board of Trustees is still buying books at the Law
Library .
I
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Com. Bruhn, stated that the Value Adjustment Board had not met.
Com. Hutchinson, stated that the Work Force Development Board Consortium only once per
year and asked Diane to take that committee off of the list.
Com. Hutchinson, stated that Treasure Coast Council of Local Governments will give a
presentation on the landfill gas utilization.
Com. Hutchinson, stated that the Chamber of Commerce Board of Trustees meets in a couple of
weeks.
Com. Hutchinson, stated that the Tourist Development Council met. She informed the Board
that the Council received only one application for the RFP for an advertising agency. She
recommended to the Board that they direct staff to go back out for another RFP and the RFP's be
brought back straight to the Board. She also requested that additional information be included in
the RFP, such as the advertising agency do research and marketing.
J
1
Com. Coward stated that he strongly agreed with a couple of issues. He commented on the co-op
advertising issue. He stated that we should be partnering with local businesses. He also asked
how we are currently spending our limited advertising dollars. He informed the Board that he
received a phone call from a local public relations expert who addressed the scope of the services
provided by the advertising agency and they sirongly encouraged that the Board to look closely
at the scope.
.
Com. Coward asked if there was an urgency to move forward.
Com. Hutchinson explained to the Board that this RFP has been put out twice. The first time the
RFP was put out two agencies applied, however one went out of business. The RFP's were then
sent back out again and the same company applied again, made a presentation and the Tourist
Development Council agreed that they did not need to go back out for RFP, that they felt
comfortable with this group.
Com. Coward asked that if the Board was to go out for another RFP, what the amount of time
would be.
Com. Hutchinson, stated that it would depend on if the Board decided to change the scope of
work.
Com. Lewis, asked how long the County has been without an ad agency.
Gayla Barwick, Tourist Development Manager stated since August.
Com. Lewis asked for figures on inquiries between last year and this year.
Gayla Barwick, Tourist Development Manger, stated that in the last 3 months, comparing to last
year, they had 11,000 inquiries for that 3 months. This year we received 3,600 - 3,800 inquiries.
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She informed the Board that ads are still being placed. At this time around 35 ads have been
placed She informed the Board that the past Sunday there was an advertisement in Parade
Magazine and have received over 100 phone calls from that ad.
Com. Lewis, asked what the usual term of the contract is,
-...
Gayla Barwick, Tourist Development Manager, stated that the normal term for a contact is two
years with one year option.
Com. Barnes, stated that even though the inquiries are down the collections are up. He asked if
ads that had been placed in the past were the property of St. Lucie County or the Agency.
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Com. Lewis voiced her concerns on waiting and would like to move ahead while the Board looks
more closely at the scope of work.
Gayla Barwick, Tourist Development Manager, stated that everything belongs to the County.
Com. Barnes stated that he does not feel that an ad agency needs to come in and revamp the
design on ads that have been successful.
Com. Bruhn concurred with Com. Barnes. He recommended that the Board reject the RFP and
go out for another RFP and would like to see an ad agency with a little more vision.
Com. Hutchinson, concurred with Com, Bruhn, and stated that if the scope of the work was
changed to include marketing and research. She recommended that the Board sit down and look
at the scope of work and make their own changes to the RFP, bring it back to get permission to
advertise and then send it out.
J
Com. Lewis, voiced her concerns with the Department of Tourist Development to continue to do
the advertising with everything else the Department needs to focus on.
t
Com, Coward, concurred with Com. Barnes and stated that even though the inquiries are down
the revenues are up and requested that the Tourist staff verify it for the record.
.
Gayla Barwick, Tourist Development Manager, stated that for the last nine years the four percent
resort tax has continued to increase every year.
Com. Coward, stated that he would be interested in seeing if other Counties have larger Tourist
Development Departments that could actually do their own advertising at a reduced rate. He
stated that to hire an ad agency takes a considerable amount of money and possibly would save
money by hiring a additional staff member.
Com. Barnes, asked what the $250,000 covers under the contract
Gayla Barwick, Tourist Development Manager, stated that the $250,000 or anything below
encompasses everything that is done throughout the year.
Com. Barnes, stated that if we hire staffwe may save a little bit of money.
Com. Coward, asked what the consulting fees were.
Gayla Barwick, Tourist Development Manager stated that she could provide the information to
Com. Coward, however each year is a little bit different. Over the last five years it has ranged
from $80,000 to $112,000 to $134,0001. In 1999-2000 the County spent $172,000, but that
included the internet advertising campaign and the video. She reviewed the scope of work as
outlined in the current RFP.
Com. Coward, stated that several questions were raised as far as the scope of work and there
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were unclear answers and unclear benchmarks to the questions being asked. He stated that the
language is in the scope of work but he has yet to see the work product being produced.
Gayla Barwick, Tourist Development Manager stated that every time they go to place an ad they
look at previous ads placed. They keep statistics on each ad placed. The bench marks are the
inquiries received frorrteach campaign.
Com. Bruhn, concurred with Com. Coward.
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Gayla Barwick, Tourist Development Manager stated that the dollars restrict us a little bit.
Com. Coward, stated that he was not sure exactly what the consultants were doing.
Com. Hutchinson, asked for the consensus of the Board.
Com. Hutchinson, stated that she would like to scope of work to be re-Iooked at.
Com. Barnes, stated that he was in no hurry.
I
t
Com. Coward, asked if the County was contacting local advertising agencies to inform them that
the County was looking for ad agencies.
Com. Hutchinson, stated that not every business advertises in the yellow pages. She also stated
that once the County starts contacting local agencies one agency could be missed. She also
stated that they may need to look at the purchasing manual.
Com. Barnes, stated that if a company is on the active and energetic they should be able to pick
up on the RFP and if they don't they should not be contracted with the County if they can not
market themselves.
I
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Com. Coward, stated that ad agencies would have to be licensed and that the County should be
able to obtain a list of them. He stated that he felt that if would be a good idea to inform local ad
agencies of the status of the RFP, since this will be the third time going out.
.
Com. Lewis, stated that a lot of ad agencies would not apply due to the fact that they require
payment up front and because of the Counties procedures local ad agencies could not receive
payment up front.
Com. Barnes, stated that if no acceptable agencies apply then the Board may need to look at
hiring someone.
Com. Coward, asked for a status report on the market rate that we have been trying to achieve on
the County's sweep account. He asked if any progress had been made over the last few months.
Doug Anderson, County Administrator, stated that it had been discussed with the Clerk of The
Circuit Court and she had informed him that they would be going out for proposals on the sweep
account. He stated that he would follow up with the Clerk of Circuit Court.
It was moved by Com. Lewis and seconded by Com. Coward to reject all other proposals
received from the advertising agencies for Tourist Development and upon roll call motion
carried unanimously.
Com. Lewis, asked the Board to ratify T.1. Buckley to the Investment Committee.
It was moved by Com. Barnes and seconded by Com. Coward to appoint T.1. Buckley to the
Investment Committee and upon roll call motion carried unanimously.
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There being no further business to be brought before the Board, the meeting was adjourned at
10:40 a.m.
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Chainnan
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I
Clerk of Circuit Court
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"wi
AGENDA REOUEST
ITEM NO. ;Z
DATE: March 20, 2001
REGULAR [X]
PUBLIC HEARING [ I
CONSENT [ I
,
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Daniel S. McIntyre
County Attorney
SUBJECT:
Resolution No. 01-79 - Proclaiming the week of March 25, 2001, through March 31, 2001, as "DIABETES
AWARENESS WEEK" in St. Lucie County, Florida.
BACKGROUND:
Diabetes is a disease in which the body does not produce or properly use insulin, a hormone that is needed to
convert sugar, starches, and other food into energy needed for daily life; and has no cure.
Almost 16 million Americans have Diabetes, but unfortunately, more than one third are not aware that they have
the disease.
Mr. Winston Hamilton, Project Coordinator for the St. Lucie County Diabetes Coalition, has requested that this
Board proclaim the week of March 25, 2001, through March 31, 2001, as Diabetes Awareness Week in St. Lucie
County, Florida. The attached Resolution No. 01-79 has been drafted for that purpose.
FUNDS A V AIL.:
PREVIOUS ACTION:
RECOMMENDA nON:
Staff recommends that the Board adopt the attached Resolution No. 01-79 as drafted.
COMMISSION ACTION:
CONCURRENCE:
[X] APPROVED [] DENIED
[ ] OTHER:
02---r~
Douglas Anderson
County Administrator
county Attorney:
Originating Dept.
æ
--
Review and ADDrovals
Management & Budget
Other:
Finance: (Check for Copy only, if applicableJ___
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purchasing
Other:
Eff. 5/96
~
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~
RESOLUTION NO. 01-79
A RESOLUTION PROCLAIMING THE WEEK
OF MARCH 25, 2001, THROUGH MARCH 31,
2001, AS "DIABETES AWARENESS WEEK"
IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made
the following determinations:
1. Diabetes is a disease in which the body does not produce or properly use insulin, a
hormone that is needed to convert sugar, starches, and other food into energy needed for daily life;
and has no cure,
2. Almost 16 million Americans have Diabetes, but unfortunately, more than one third are
not aware that they have the disease.
3. Each day approximately 2,200 people are diagnosed with Diabetes and about 798,000
people will be diagnosed this year.
4. Diabetes is the seventh leading cause of death in the United States and more than 193,000
Americans will die from this disease and its complications.
5. Diabetes is one of the most costly health problems in America and health care and other
costs related to Diabetes treatment, as well as the costs oflost productivity, run $98 billion annually,
6. This Board believes it is important for the citizens ofSt. Lucie County to be aware of the
seriousness of Diabetes.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
1. This Board does hereby proclaim the week of March 25, 2001, through March 31, 2001,
as "DIABETES AWARENESS WEEK" in St. Lucie County, Florida,
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2. This Board urges the citizens of St. Lucie County to find out if they are at risk for
Diabetes and "Take the Test - Know Your Score".
PASSED AND DULY ADOPTED this 20'" day of March, 2001.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY:
DEPUTY CLERK
CHAIRMAN
APPROVED AS TO FORM AND
CORRECTNESS:
COUNTY ATTORNEY
,-;::;:::;-------'~-~_.__..--~---
I Diane Turner:.. Re:¡::>roclamation___
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From:
To:
Date:
Subject:
Connie Colella
Diane Turner
3/14/01 3:35PM
Re: Proclamation
Yes, it's 465-9583 but I did tell hiim it was for Tue" 3/20/01 at 7:00 p.m, but you may want to call anyway
to confirm,
»> Diane Turner 03/14/01 03:33PM >>>
Connie,
Do you have a phone number for Mr. Winston Hamilton. I need to call him to make sure he comes to the
meeting Tuesday night to accept the proclamation.
Thanks, Diane
.
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AGENDA REQUEST
'....I ITEM NO. 5A
DATE: 03/20/01
CONSENT
REGULAR
PUBLIC HEARING [ X ]
Leg. [] Quasi-Jud. [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
Community DeveloDment
J,) \ ~<v6ltt..,vL.;k..
PRESENTED BY:
SUBJECT:
Request for Rezoning of Property located on the south
side of West Midway Road, approximately 200 feet east of
South 25th Street from the CN (Commercial, Neighborhood)
Zoning District to the CO (Commercial Office) Zoning
District - Draft Resolution 01-008.
BACKGROUND:
petition of Rose Kyle Properties for a Change in Zoning
from the CN (Commercial, Neighborhood) Zoning District to
the CO (Commercial Office) Zoning District for 2.09 acres
of land. The proposed rezoning is to allow the applicant
to establish a medical office on the subject property.
(File No. RZ-Ol-001)
FUNDS AVAILABLE:
N/A
.
PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 7 to 0,
with two members (Mr. Grande and Mr. Trias) absent,
recommended approval of the subject property from the CN
(Commercial, Neighborhood) Zoning District to the CO
(Commercial Office) Zoning District at its February 15,
2001, meeting.
RECOMMENDATION: Approve Draft Resolution 01-008 changing the zoning from
the CN (Commercial, Neighborhood) Zoning District to the
CO (Commercial Office) Zoning District for property
located on the south side of West Midway Road,
approximately 200 feet east of South 25th Street.
COMMISSION ACTION: CONCURRENCE:
. [X] APPROVED
[ ] OTHER:
DENIED
9~~
Douglas M. Anderson
County Administrator
County Attorney:
tj}
Review and ADDrovals
Management & Budget:
Purchasing'
Originating Department:
Other:
Other:
Finance: (Check for Copy only, if applicable)
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COUNTY COMMISSION REVIEW: March 20, 2001
Resolution 01-008
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To:
Board of County Commissioners
From:
Community Development Director
Date:
March 14,2001
Subject:
Petition of Rose Kyle Properties, for a Change in Zoning from the CN
(Commercial, Neighborhood) Zoning District to the CO (Commercial Office).
(File No.: RZ-OI-001)
At the February 15,2001, public hearing on this matter, the S1. Lucie County Planning aod Zoning
Commission, by a vote of 7 to 0, with two members (Mr. Grande and Mr. Trias) absent,
recommended approval for the chaoge in zoning.
j
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The proposed rezoning of property located on the south side of West Midway Road, approximately
200 feet east of South 25th Sireet is to allow for the establishment of a medical office.
This proposed rezoning meets the staodards of review as set forth in Section 11.06.03 of the S1.
Lucie County Land Development Code, aod is not in conflict with the goals, objectives, aod policies
of the S1. Lucie County Comprehensive Plao.
Attached is a copy of Draft Resolution 01-008, which, if approved, would grant a chaoge in zoning
from the CN (Commercial, Neighborhood) Zoning District to the CO (Commercial Office) Zoning
District.
Staff recommends the approval of this petition as set forth in Draft Resolution 01-008.
SUBMITTED:
Julia 1. Shewchuk, AICP
Community Development Director
hf
cc: Rose Kyle
File
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RESOLUTION 01-008
FILE NO.: RZ-01-001
A RESOLUTION GRANTING A CHANGE IN ZONING CLASSIFICATION
OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
1. Rose Kyle Properties. presented a petition for a change in zoning from the
CN (Commercial, Neighborhood) Zoning District to the CO (Commercial
Office) Zoning District for the property described below.
2. On February 15, 2001, the St. Lucie County Planning and Zoning
Commission held a public hearing on the petition, after publishing notice at
least 15 days prior to the hearing and notifying by mail all owners of property
within 500 feet of the subject property, and recommended that the Board of
County Commissioners approve a change in zoning from the CN
(Commercial, Neighborhood) Zoning District to the CO (Commercial Office)
Zoning District for the property described in Part A below.
3. On March 20, 2001, this Board held a public hearing on the petition, after
publishing notice at least 15 days prior to the hearing and notifying by mail
all owners of property within 500 feet of the subject property.
4. The proposed change in zoning has satisfied the requirements of Section
11.06.03 of the St. Lucie County Land Development Code and is consistent
with the goals, objectives, and policies of the St. Lucie County
Comprehensive Plan.
5. The proposed change in zoning is consistent with the existing and proposed
use of property in the surrounding area.
¡
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NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St.
Lucie County, Florida:
A. The proposed change in the Zoning District Classification from the CN
(Commercial, Neighborhood) Zoning District to the CO (Commercial Office)
Zoning District for that property described as follows:
THE WEST 1/2 OF LOT -62 OF WHITE CITY SUBDIVISION OF SECTIONS 3,4,5,8,9, AND
10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AS
RECORDED IN PLAT BOOK 1 PAGE 23 ST. LUCIE COUNTY PUBLIC RECORDS, ST.
File No,: RZ-01-001
March 20. 2001
Resolution 01-008
Page 1
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LUCIE COUNTY, FLORIDA: LESS THE WEST 355 FEET OF SAID LOT-62 AND LESS
THE ROAD RIGHT-OF-WAY IF WEST MIDWAY ROAD. CONTAINING 2.09 ACRES,
MORE OR LESS. (Tax ID#: 3410-502-0096-000/6)
(Location:
South side of West Midway Road, approximately 500 feet east of
South 25"' Street.)
owned by Rose Kyle, is hereby approved.
B. The S1. Lucie County Community Development Director is hereby authorized
and directed to cause the change to be made on the Official Zoning Map of
S1. Lucie County, Florida, and to make notation of reference to the date of
adoption of this resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson XXX
Vice-Chairman Doug Coward XXX ¡
Commissioner Paula A. Lewis XXX
Commissioner John D. Bruhn XXX ,
I
Commissioner Cliff Barnes XXX ~
PASSED AND DULY ADOPTED This 20th Day of March 2001.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
.
.
BY
Chairman
ATTEST:
APPROVED AS TO FORM
AND CORRECTNESS:
Deputy Clerk
County Attorney
hi
H:IWP\RESOLUTI.NIFINISHED.01\RoseKyleRZ\RoseKyleRES,wpd
File No,: RZ-01-001
March 20. 2001
Resolution 01-008
Page 2
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AGENDA ITEM #2: FILE NO. RZ 01-001 ROSE KYLE PROPERTIES
Mr. Flores said Agenda Item #2 is the application of Rose Kyle Properties for a change in
zoning from the Commercial, Neighborhood District to the Commercial, Office Zoning
District for 2.09 acres of property located on the southside of west Midway Road
approximately 200 feet east of South 25th Street. Its proposed use is a medical office.
There is RS-2 zoning to the south and commercial neighborhood zoning is to the west.
There is the commercial general zoning to the north and the northwest and AR-l zoning
is to the east. General existing use surrounding the property is vacant and residential to
the south and several commercial uses to the west and north. White City Park is located
further to the east. Staff has reviewed this petition and determined that it conforms to the
standards of review as set forth in the Land Development Code and is not in conflict with
the Comprehensive Plan. Staff is therefore recommending forwarding this petition to the
Board of County commissioners with a recommendation of approval.
Chairman Mr. Matthes asked if the petitioner or a representative there of was present.
Please come forward and state you name.
Ms. Rose Kyle corrected the record and stated that it is not a medical office it is a
dermatology office.
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Ms. Kyle had bought the property so she could go into business there, she has taken a lot
of courses, and she had worked under Dr. Cooper from Stuart and several other
dermatologists and now she feels she is qualified to open up her own office so she bought
the property for her. She sold her house in New York so that she would be able to do this
for her.
Chairman Matthes asked if she was current resident of the property.
Mrs. Rose Kyle said no, it was Irene Reese Real Estate before and she has one building
and part of it she lived in and the other part was her office. My granddaughter is taking
over the whole thing.
Chairman Matthes asked if is currently occupied other than by Irene Reese.
PUBLIC HEARING:
There being no one the public hearing is. closed.
Mr. Hearn said he had one question on the future land use, Residential Urban is that
compatible with Commercial Office Neighborhood.
Planning and Zoning Commission Meeting Minutes
February 15,2001
Page 2
'""
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Mr. Kelly said yes it is there is a section in the Future Land Use Element it is Policy
I. 1.8.4 we refer to it fairly often and it allows for Commercial Neighborhood or
Commercial Office on land designated for residential if about seven different standards
are met, they have to be on major roadways and things like that.
Mr. McCurdy said after considering the testimony presented during the public hearing,
including staff comments, and the standards of review as set forth in Section 11.06.03,
St. Lucie Count Land Development code, 1 hereby move that the Planning and Zoning
Commission recommend that the Sf. Lucie Board of County Commissioners grant
approval to the application of Rose Kyle Properties for a change in zoning from CN
(Commercial, Neighborhood) Zoning to the CO (Commercial, Office) Zoning District
because there is a good use of the property, seeing that it fronts on a heavily traveled
street. Mr. Jones seconded the motion. Upon a roY call vote the motion passed
unanimously.
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Planning and Zoning Commission Meeting Minutes
February 15.2001
Page 3
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PLANNING AND ZONING COMMISSION REVIEW: 02/15/01
File Number RZ-OI-OOl
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
TO:
Planning and Zoning Commission
Planning Manager f
February 7,2001
FROM:
DATE:
SUBJECT:
Application of Rose Kyle Properties, for a Change in Zoning fiom the CN
(Commercial, Neighborhood) Zoning District to the CO (Commercial,
Office) Zoning District.
LOCATION:
South side of West Midway Road, approximately 200 feet
east of South 25th Street
J
EXISTING ZONING:
CN (Commercial, Neighborhood)
I
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1
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PROPOSED ZONING:
CO (Commercial, Office)
RU (Residential Urban)
FUTURE LAND USE:
PARCEL SIZE: 2.09 acres
PROPOSED USE: Medical Office
PERMITTED USES: Attachment "A" - Section 3.01.03(R) CO (Commercial,
Office) - contains the designated uses which are pennitted by
right, permitted as an accessory use, or pennitted through the
conditional use process. Any use designated as a
"Conditional Use" is required to undergo further review and
approvals. Any use not found within the zoning district
regulations are designated as prohibited uses for that district
SURROUNDING ZONING: RS-2 (Residential, Single-Family - 2 du/acre) to the south.
CN to west. 'CG (Commercial, General) to the north and
northwest. AR-l (Agricultural, Residential- 1 du/acre) to the
east.
SURROUNDING LAND USES: The general existing use surrounding the property is
residential to the south. There are several commercial uses to
the west and north. White City park is located to the east.
"'"
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February 7, 2001
Page 2
Petition: Rose Kyle Properties
File No,: RZ-OI-001
The Future Land Use Classification of the immediate
surrounding area is RS to the south. COM (Commercial) to
the west and north. RU (Residential Urban) to the east and
north,
2
FIREIEMS PROTECTION:
Station #6 (350 East Midway Road), is located approximately
3 miles to the east.
UTILITY SERVICE:
The subject property would be served by a well and septic
system.
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
SCHEDULED
IMPROVEMENTS:
The existing right-of-way for West Midway Road is 80 feet.
J
Midway Road Planning, Development, and Engineering
(PD&E) to be done by Fiscal Year 1999/2000. Consiruction
is not scheduled,
j
4
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TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Concurrency Deferral Affidavit.
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
,
In reviewing this application for proposed rezoning, the Planning and Zoning Commission
shall consider and make the following determinations:
1. Whether thè'proposed rezoning is in conflict with any applicable portions of the
St. Lucie County Land Development Code;
The proposed zoning district is consistent with the St. Lucie County Land
Development Code.
2. Whether the proposed amendmerl't is consistent with all elements of the St.
Lucie County Comprehensive Plan; .
The proposed change in zoning is consistent with all elements of the St. Lucie
County Comprehensive Plan. The RU Future Land Use allows the CO Zoning
District when the criteria of Policy 1.1.8.4 are met. These criteria are met in this
case,
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February 7, 2001
Page 3
Petition: Rose Kyle Properties
File No,: RZ-OI-OOl
3. Whether and the extent to which the proposed zoning is inconsistent with the
existing and proposed land uses;
The proposed zoning is consistent with existing and proposed land uses in the area.
The general use of the immediate surrounding area of the subject property is
residential to the south, Commercial uses are to the north and west. Across Midway
Road to the north is a retail area.
4. Whether there have been changed conditions that require an amendment;
Conditions have changed so as to require an amendment. The CN (Commercial,
Neighborhood) Zoning District was amended on July 20, 1999, through Ordinance
99-015. Ordinance 99-015 revised Section 3.01.03(Q) - CN (Commercial,
Neighborhood) to delete those uses which were detennined to be incompatible with
the zoning district's intentions. The purpose of the CN Zoning District is, "to
provide and protect an environment suitable for limited retail trade and service
activities covering a relatively small area and that is intended to serve the
population living in surrounding neighborhoods. Health Services, which includes
dental offices, was deleted because it was felt that such a use would often draw
people from outside the neighborhood.
¡
4
In this case, the proposed use is at the intersection of major roadways (Midway and
25th Street). This location would provide good access and would allow for a service
area considerably larger than a neighborhood.
.
4
5.
Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether or to the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks,
drainage, schools, solid waste, mass transit, and emergency medical facilities;
I
,
The intended use for this rezoning is not expected to create significant additional
demands on any public facilities in this area. Prior to the approval of any proposed
development, the applicant will need to provide documentation verifYing that
sufficient facilities are in place to support the development.
6. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the hatural environment;
The proposed amendment is not anticipated to create adverse impacts on the natural
environment. The applicant will be required to comply with all federal, state, and
local environmental regulations. The subject property is currently utilized as Irene
Reese Real Estate.
$'
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February 7,2001
Page 4
Petition: Rose Kyle Properties
File No.: RZ-OI-OOl
7. Whether and the extent to which the proposed amendment would result in an
orderly and logical development pattern specifically identifying any negative
affects ofsuch patterns;
An orderly and logical development pattern will occur with this change in wning.
The surrounding parcels of property are designated for residential uses.
8. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this Code;
The proposed amendment would not be in conflict with the public interest and is in
harmony with the purpose and intent of the St. Lucie County Land Development
Code.
~
COMMENTS
The petitioner, Rose Kyle Properties, has requested this change in zoning fÌ"Om the CN
(Commercial, Neighborhood) to the CO (Commercial, Office) Zoning District in order to develop
the property for a medical office. The site currently has a single-family residence on it, which is
utilized as an office for Irene Reese Real Estate.
4
Attached is a copy of Section 3.01.03(R) - CO (Commercial, Office), of the St. Lucie County
Land Development Code, which delineates the permitted, accessory, and conditional uses allowed
in the Commercial Office Zoning District. If the change in zoning request, is approved, the
applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section.
Any use under the Accessory Uses section would be allowed only if one or more of the permitted
uses exists on the subject property. Any use under the Conditional Uses section could only be
allowed if it first receives approval through the Board of County Commissioners.
.
t
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,
Staffhas reviewed this petition and determined that it conforms with the standards of review
as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you
forward this petition to the Board of County Commissioners with a recommendation of approval.
t
Please contact this office if you have any questions on this matter.
Attachment
hf
cc: Rose Kyle
File
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Q,
1 , Purpose
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Section 3,01,03
Zoning District Use Regulations
CN
COMMERCIAL. NEIGHBORHOOD
The purpose of this district is to provide and protect an environment suitable for limited retail trade
and service activities covering a relatively small area and that is intended to serve the population
living in surrounding neighborhoods. The number in ·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
h,
3,
a,
b.
c.
d,
e.
f,
Beauty and barber services, (7231124)
Civic, social and fraternal associations (8641)
Depository institutions (60)
Laundering and drycleaning (self-service). (7215)
Real estate (65)
Repair services:
(1) Electrical repair, (762)
(2) Shoe repairs (725)
(3) Watch, clock, jewelry, and musical instrument repair. (7631)
Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses
inclusive):
(1) Antiques (5932)
(2) Apparel and accessories. (56)
(3) Books and stationery. (594215943)
(4) Cameras and photographic supplies. (594.)
(5) Drugs and proprietary. (5912)
(6) Eating places (5812)
(7) Florists. (5992)
(8) Food stores (")
(9) Gifts, novelties, and souvenirs. (5947)
(10) Hobby, toy and game shops (5945)
(11) Household appliances (572)
(12) Jewelry. (594')
(13) Newspapers and magazines. (....)
(14) Optical goods, (5995)
(15) Nurseries, lawn and garden supplies. (526)
(16) Radios. TVs, consumer electronics and music supplies (573)
(17) Sporting goods and bicycles. (5941)
(18 ) Tobacco products, (599')
Video tape rental (794]
g.
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1
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.
Adopted August 1, 1990
114
Revised Through 06101/00
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Section 3,01.03
Zoning District Use Regulations
5,
Off-street Parking and Loading Requirements
Off-street parking and loading requirements are subject to Section 7.06,00,
6, Landscaping Requirements
Landscaping requirements are subject to Section 7,09.00,
7. Conditional Uses
a. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22, (999)
b, Day care - adult ('322)
- child (8351)
c, Postal services, (4311)
d. Retail trade:
(1) Gasoline services - accessory to retail food stores under SIC-5411, (999)
(2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 _ ex_ to< "'""')
e, Telecommunication towers - subject to the standards of Section 7.10.23 (999)
8, Accessory Uses
Accessory uses are subject to the requirements of Section 8.00.00 and include the following:
a,
b.
Drinking places (undistilled alcoholic beverages) accessory to an eating place. (999)
One dwelling unit contained within the commercial building, for on-site security purposes, (999)
"
Adopted August 1, 1 990
115
Revised Through 06101/00
(
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R.
COMMERCIAL. OFFICE
CO
1, Purpose
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Section 3.01.03
Zoning District Use Regulations
The purpose of this district is to provide and protect an environment suitable for selected office and
commercial uses, together with such other uses as may be necessary to and compatible with
commercial office surroundings. The number in ·0· following each identified use corresponds to the
SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined
under the SIC code but may be further defined in Section 2.00,00 of this code,
AdjustmenVcollection & credit reporting services (132)
Advertising (731)
Communications - except towers ('8)
Computer programming, data processing and other computer related services (737)
Contract construction services - office only (15.1..17)
Duplicating, mailing, commercial arVphotography and stenographic services (733)
Engineering, accounting, research, management & related services (87)
Executive, legislative, and judicial functions (91.92.93....85...,97)
Finance, insurance, and real estate services (60.81.62.83,...85,67)
Health services - except nursing homes and hospitals (80)
Membership organizations, except religious organizations (M)
Miscellaneous business services:
(1) Detective, guard and armored car services (7381)
(2) Security system services (7382)
(3) News syndicate (7383)
(4) Photofinishing laboratories (738<)
(5) Business Services - misc. (7389)
Personnel supply services (736)
Social services:
(1 ) Individual & family social services (83:>1839)
(2) Job \raining and vocational rehabilitation services (833)
Travel agencies (472')
2, Permitted Uses
a,
b,
c,
d.
e,
f,
g,
h,
í.
j,
k,
I.
I (
m,
n,
0,
3, Lot Size Requirements
Lot size requirements ,shall be in accordance with Section 7,04,00.
4, Dimensional Regulations
Dimensional requirements shall be in accçrdance with Section 7,04.00,
5,
Off-street Parking and Loading Requirements ."
-
Off-street parking and loading requirements are subject to Section 7,06.00,
6, Landscaping Requirements
Landscaping requirements are subject to Section 7.09,00,
Adopted August 1, 1990
116
Revised Through 08101/00
"""
~
Section 3.01,03
Zoning District Use RegulaUons
(
7,
Conditional Uses
a. Child care services (835}
b, Television and radio transmitting towers (999,
c, Telecommunication towers - subject to the standards of Section 7,10.23 (999)
8. Accessory Uses
Accessory use are subject to the requirements of Section 8.00.00 and include the following:
a, Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant).
b, Postal services, (43)
"H
Adopted August 1, 1990
117
Revised Through 08101100
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( )
(
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,''1-,
A Petition of Rose Kyle Properties for a Change in Zoning from CN
(Commercial, Neighborhood) to CO (Commercial, Office).
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,
ST. lUCIE~- OUf'.!TY BOARp OF
COUNT COMMISSIOf'JERS:',
PUBLIC EARING AGENDA
M,arch 20, 2001..'
, '
2. Rose Kyle Pro¡;erties, for" change ~n ~oni"g from CN
(Col"I merciol, Neighborhood) zoning district .to CO I~om-
"mer'clal. Office) zoning dislTicl for the followIng descrtbed
property.
The W8$! 1/2 of 101-62 of While City Subdivision of
sections 3,4,5.8,9 and 10, Township 36 So~lh. Range 40
East; 51. Lucie Counly, Florida os recorded In Pia! Book 1
page 23 SI. Lucie County Public Records, St. LucIe Coun*
ty,Florido: Len the west 355 feel of said 101-62 and. J~$S
~od right..of-woy if west Midway Rood. Containing
.a:Þ'9" acres. ~or.~-,Qn~':;·iI<"_'·. "..~_"--
lllUll!l!'J! ,<-of"f·'":i1<.!"~·, ~"': "",=':P~0;--
Td~;¡d No. :i4Ò3-502-009.;.oOO!6
,- .. '," -1"-:" " '
Location: S~uth ~ide" of West '~idwoy Road. approxi-
mately 500 feet east of S 25'~ Street
3. Vedic Cultural Society. Inc, for a change in zoning froriÍ
CG(Commercial, General)zooing dis!rid to RF (Relig,ious
FqcU¡ty) zoniog di~trict fOl" the following described
property, .
" f',
That part of White City Sl\bdN_ision section 10 TWP 36 S,
RNG 40 E being more particularly desa;¡b~ a~"f?lIows
the north half of the'-south,holf- of the lot _242 less the,eent
200"and less the south 20' tliereof Plat,boök 1 'page 23
St. Lucie Couoty,.FL Public Rec~rd~ Des_criptlon of ,~gree:
menr· Line A certain!,line divJding an area of dispute
betWeen the north' o,nê -half and t!ie~gu'" COB-half C)f lot
242"of White City JSubdivisioo os recorded in the Plot
boo,1t 1, at pa9~2:3 of the public records of St. .Luce
~'riiy Florida allfy!",g and being in Sectton 10 Town-
shlp-,36 South Range 40 East and being mare particularly
èlès(:tlb8d os folloWs. Commenèlng at the Ir:-ter~on of
North line of said lot 242._ of White CiiySubcllvislon as
eskibllshed by' subdivision of spid..sectloo·-..10"Townshlp
36 South Range 40 East at the <Jfeit right of way Of,state
i'oacf Na. 5 (O.S. H¡ghway_#l~!henc.,,_on ot:I,'ossUffled
beat.ing of S 00(03'43" W,along sald':'"ight;'9,fway:~sald
right of woy beiryg parallel with and 42.00 feet weü,,~ the
·1/4'.'section line of said Sect¡on~--IO. Town,sh,!e,36 ~
Ra¡'~e 40 East) 0 distance of 325.78 feet to on .Iron r~
ond,cop stomped '~JGA 2791" a';!~t the._pqint ,~ beglnr1ng
Of the herein dMcrlbed line, said· paint -being' '14/).09- feet
north of the north right of:woy of the'.'40.00, ~w.l~_'"
right." of way-of Ulrich Road, as now laid and_In use;
Therice 89(5~'13"E 0 drstonce of 621..36 feet· to an iron'
rOdond cap 'stomped "JGA 2791" at the westlin.e of said
lot 242. . sold P9int being .S 00(02'3_5" Eo 'diS,tClnce_"o_~
'~327.2'B hiet;southof the northweS1'-ccmer cJ:!ot 2~2.,aS'
measured along said west line and the e'nd of th,ls
described line.
TO WHOM IT MAY CONCERN,
NOTICE is hereby given in acCordance: with -Section
11.00.03 of the St. Lucie County Lbnd Development Code
and in accordance with the pr~is,ions of the St., Lucie
County Comprehensive Plof1, Iho~the followhig Clppllcant
has requested that the St. Lucie !:ounty Board of County
Commissioners con~!der their r89uest as follows:
,
I, Midway Development Company. for a change In zari~
ing from Ag 2.5 (Agricultural." 1 du/2.5 acres) and AG-l
(Agricultural. 1 d.u/acre) zoning districts .10 . th~. PNRD
(Planned Non-Residential District) zoning dlstriel for the'
following described property,
'.
THE EAST ONE-HALF" OF THE NoiuHWEST ONE
QUARTER OF SECTIO~'· 3. TOWNSHIP 36 SOUTH,
RANGE 39 EAST AND tHE SOUTHEAST ONE QUAR_
TER OF THE SOUTHWEST QUARTER_OF SECTION 34.
TOWNSHIP 35 SOUTI1. RANGE 39 ;EAST: LESS AND
EXCEPT, RIGhtT-OF-WAYSFOR' MIDWAY ROAD,
(COUNTY ROAD 712) A 70- FOOT ,WIDE RIGHT.OF~
WAY AND THE NORTH ST. LUCIE RIVER WATER CON_
TROL 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 $ECTION 3, TOWNSH{f' 36'SOUTH. RANGE
39 EAST AND SECTION 34. TOWNSHIp'_35 SOUTH,
RANGE 39 EAST ,'ST. LUCIE COUNTY. FLORIDA AND
. BEING MORE PARnçULARL 'i' OE$.ÇRI~ED ·AS FOL-
lOWS: COMMENCE AT THE SOUTI¥EAST CORNER OF
THE NORTHWEST QUARTER .OF' ~µf.O SEC;TION 3;
THENCE NORTH OO'16~3a" WEST~~lONG THE, EAST
LINE OF THE NORTHWEST QUARTER OF SAID SEC.
TION 3 A DISTANCE OF 39.~7. F_EElTO THE NORTH
,RIGHT-Of-WAÿ LINE OF MIDWÃ'ÿ::~OAD'(CO(JNTY
ROAD 712) A 70 FOOT WID,I; RIGHT~OF-WAY;
THENCE SOl)TH89"48'OS" WEST ÂtONG THE.NQRTH
~IGHT-OF.WAY LINE -OF MIDWAY ROAD'CCOUNTY
ROAD 712) A,:bISTANCE OF 39.00 FEET TO. THE WEST
RIGHT-OF7WAY LINE ÓFNORTH ·ST. LUCIE- RfVER
WATER-CO~TROL'DISTRICTCANÀL NUMBER 93 AND
THE POI~T,' OF 8EGINNING; ..THENCE CONTINUE
ALONG1"He NORTH _RIGHT-O¡:-"'oNAYUNE OF SAID
MIDWAY RÓAD SOUTH 69".48'08- WEST A DISTANCE
OF 12S8.78 FEET; THENCE DEPARTING SAID RIGHT-
OF-WAY LINE NQRTH OO·I,a'53:~ WE$T, .....þJSTANëe
OF 2622.25 FEET TO AN. INTER:SECTlON WITH THE
NORTH LINE'OF THE.NORTHWEST QUAItTE"R OF SAID
SECTlQN 3; -THENCE NORTH oo'o"'sì" EAST A DIS-
TANCE OF -1.318.''.7 FEET; THENCE NOlf :t'i,''",a', CJ&S9'41"
EAST AII)ISTANCE: OF 128a.904,,FEETTo"-A,PÖJNT ON
THE~_ ,ST.R,iGHT-OF-WAY,UNE'OF;'::SÀID ,CANAL
NUMB. i93;, tHENCE SOd'rH 'OO-OO't43·WEST
ALON .''>THE'WEST ·':IGkT-OF':WAY.·~trNE -Ö~" SAID
CAN^~I,JMBER ,93 A.- DIS;T'ANÇE,Qf,-1318,97_fE.EJ;,1:Q,
THE .1N..TERSECT-ION· WITH THE_'NORTH _LINE' OF. ,THE
NO~TIiY,'lEST QUARTER OF SAIP'S_EÇTION 3~ THENCE
CONTJNUE ALONG THE WEST. ,RIGHT-OF..WAY liNE
OF CANAL NUMBER 93; SOUTH 00'16'38" EAsT A
DISTANCE OF 2617.41 FEET RETURNING TO THE
NORTH :RIGHT·OF-WAY LINE OF MIDWA¥ R,OAD
AND <TtiE POINT OF 8EGIN~JNG,. SAID P.ROPERrt:
CONTAJ-rS 1,16.61 tCRES. ~~E OR LESS. "
Tax Id No. 233~-340-0000-ÒpoI1 , '
:J;t1Z!X~!1~~i~YROO~~~~;{7~Ù
wesî:of"",,tWitaìe'·'95.'·>''''':' '
. "'-' ,,:' . " ,- ~; " ' ,
Tax Id. No. 3403,502-0312-000/7"
Location, North side of Ulrich Rqa~ Approximately '250
feel west ~ South U.S_ Highwar No~~
'.7_
<-,"_W:·>, . . ",:' .
A PUBLIC HEARtNG ,~1I1 be held fri-;~e CÓU¡'f): -Commis-
sion C~mbers, 3rd floor oftb:e Roget~ð'tra.\At!ltllnl_stra-
tion Annex Building; 23bo Virginia Avenue. F,on Pler~:
FlorIda ,,øn .Mq"c:~_ po! _-2~ t: beg¡nni,~~t,":~ftM':'or ~~
soortth~BÇlf!'er_as'pos~lble.c·' ."~.,-<:,-,
PURSUANT TO SeCtion 266:0105. Florida Statutes; ,1f:.å<:
, person d~idIl!J"to:_ Qppe~r any deCiSion:mçtde',by,a.~rd.: .
agency\ Or có.v.minròp with respect to_ any m<;ltter consid-
ered ata m_ti.,g or-,heorlng, he will nMd a record of the
proceedings, and that.:for sucn purpose. hf! .mayneed to
ensure that a verbatim r.ecord of the proceedings Is .made~
which r~rd ¡i'idIJdès -'he_ testimony and. evidence upon
which the appeal ¡sta be based.
BOARD OF COUNTY COMMISSIONERS
Sf. LUCIE COUNTY. FLORIDA
/5/ Frannie Hutcr-inson. ÇHAIRMAN
,
Publish, March 10. 2001
~
PRESENTED BY:
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
RECOMMENDATION:
COMMISSION ACTION:
[ X] APPROVED
[ ] OTHER:
County Attorney:
1%
Originating Department;
\w
...,;
ITEM NO.
fB
AGENDA REQUEST
DATE: 03/20/01
CONSENT
REGULAR
PUBLIC HEARING [ X ]
Leg_ [] Quasi-Jud. [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
Community Deve1o~ment
\J~<G~M-lk
Request for Rezoning of Property located on the north
side of Ulrich Road, approximately 200 feet west of South
U.S. Highway No. 1 from the CG (Commercial, General)
Zoning District to the RF (Religious Facilities) Zoning
District - Draft Resolution 01-009.
Petition of Vedic Cultural Society for a Change in Zoning
from the CG (Commercial, General) Zoning District to the
RF (Religious Facilities) Zoning District for 1.55 acres
of land. The proposed rezoning is to allow the applicant
to establish a worship center on the subject property.
(File No, RZ-Ol-002)
·
,
4
,
·
·
C
N/A
The Planning and Zoning
with two members (Mr.
recommended approval of
(Commercial, General)
(Religious Facilities)
15, 2001, meeting.
Commission, by a vote of 7 to 0,
Grande and Mr. Trias) absent,
the subject property from the CG
Zoning District to the RF
Zoning District at its February
Approve Draft Resolution 01-009 changing the zoning from
the CG (Commercial, General) Zoning District to the RF
(Religious Facilities) Zoning District for property
located on the north side of Ulrich Road, approximately
200 feet west of South U.S. Highway NO.1.
f
·
CONCURRENCE:
[
DENIED
'P ~ "-
Douglas M. Anderson
County Administrator
Review and ADprovals
Management & Budget:
Purchasing'
Other:
Other:
Finance: (Check for Copy only, if applicable!
'-'
""'"
COUNTY COMMISSION REVIEW: March 20, 2001
Resolution 01-009
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To:
Board of County Commissioners
From:
Community Development Director
Date:
March 14,2001
Subject:
Petition of Vedic Cultural Society, for a Change in Zoning from the CG
(Commercial, General) Zoning District to the RF (Religious Facilities) Zoning
District. (File No.: RZ-OI-002)
The proposed rezoning of property located on the north side of Ulrich, approximately 200 feet west
of South U.S. Highway No. I is to allow for the establishment of a worship center.
At the February 15,2001, public hearing on this matter, the St. Lucie County Planning and Zoning
Commission, by a vote of 7 to 0, with two members (Mr. Grande and Mr. Trias) absent,
recommended approval for the change in zoning.
,
This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St.
Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies
of the St. Lucie County Comprehensive Plan.
Attached is a copy of Draft Resolution 01-009, which, if approved, would grant a change in zoning
from the CG (Commercial, General) Zoning District to the RF (Religious Facilities).
.
Staff recommends the approval of this petition as set forth in Draft Resolution 01-009.
SUBMITTED:
Julia I. Shewchuk, AICP
Community Development Director
hf
cc: Ernesto Velasco, P.E.
File
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RESOLUTION 01-009
FILE NO,: RZ-01-o02
A RESOLUTION GRANTING A CHANGE IN ZONING CLASSIFICATION
OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA
WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on
the testimony and evidence, including but not limited to the staff report, has made the
following determinations:
1. Vedic Cultural Society. Inc.. presented a petition for a change in zoning from
the CG (Commercial, General) Zoning District to the RF (Religious Facilities)
Zoning District for the property described below.
2. On February 15, 2001, the SI. Lucie County Planning and Zoning
Commission held a public hearing on the petition, after publishing notice at
least 15 days prior to the hearing and notifying by mail all owners of property
within 500 feet of the subject property, and recommended that the Board of
County Commissioners approve a change in zoning from the CG
(Commercial, General) Zoning District to the RF (Religious Facilities) Zoning
District for the property described in Part A below.
3. On March 20, 2001, this Board held a public hearing on the petition, after
publishing notice at least 15 days prior to the hearing and notifying by mail
all owners of property within 500 feet of the subject property.
.
4. The proposed change in zoning has satisfied the requirements of Section
11.06.03 of the SI. Lucie County Land Development Code and is consistent
with the goals, objectives, and policies of the SI. Lucie County
Comprehensive Plan.
5. The proposed change in zoning is consistent with the existing and proposed
use of property in the surrounding area.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI.
Lucie County, Florida:
A. The proposed change in the Zòning District Classification from the CG
(Commercial, General) Zoning District to the RF (Religious Facilities) Zoning
District for that property described as follows:
File No,; RZ-01-002
March 20, 2001
Resolution 01-009
Page 1
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""'"
THAT PART OF WHITE CITY SUBDIVISION SECTION 10, TOWNSHIP 36 SOUTH,
RANGE 40 EAST. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE
NORTH HALF OF THE SOUTH HALF OF LOT 242 LESS THE EAST 200 FEET AND
LESS THE SOUTH 20 FEET THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 23 ST.
LUCIE COUNTY, FLORIDA PUBLIC RECORDS DESCRIPTION OF AGREEMENT LINE
A CERTAIN LINE DIVIDING AN AREA OF DISPUTE BETWEEN THE NORTH ONE -HALF
AND THE SOUTH ONE·HALF OF LOT 242 OF WHITE CITY SUBDIVISION AS
RECORDED IN PLAT BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCE
COUNTY FLORIDA ALL LYING AND BEING IN SECTION 10, TOWNSHIP 36 SOUTH,
RANGE 40 EAST AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF NORTH LINE OF SAID LOT 242, OF WHITE
CITY SUBDIVISION AS ESTABLISHED BY SUBDIVISION OF SAID SECTION 10,
TOWNSHIP 36 SOUTH, RANGE 40 EAST, AT THE WEST RIGHT OF WAY OF STATE
ROAD NO.5 (U.S. HIGHWAY #1) THENCE ON AN ASSUMED BEARING OF SOUTH
00·03'43" WEST ALONG SAID RIGHT OF WAY (SAID RIGHT OF WAY BEING
PARALLEL WITH AND 42.00 FEET WEST IF THE 1/4 SECTION LINE OF SAID SECTION
10, TOWNSHIP 36 SOUTH, RANGE 40 EAST, A DISTANCE OF 325.78 FEET TO AN
IRON ROD AND CAP STAMPED "JGA 2791" AND THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED LINE, SAID POINT BEING 140.09 FEET NORTH OF THE NORTH
RIGHT OF WAY OF THE 40.00 FOOT WIDE RIGHT OF WAY OF ULRICH ROAD, AS
NOW LAID AND IN USE; THENCE 89·56'13" EAST A DISTANCE OF 621.36 FEET TO
AN IRON ROD AND CAP STAMPED "JGA 2791" AT THE WEST LINE OF SAID LOT 242.
SAID POINT BEING SOUTH 00·02'35" EAST A DISTANCE OF 327.28 FEET SOUTH OF
THE NORTHWEST CORNER OF LOT 242, AS MEASURED ALONG SAID WEST LINE
AND THE END OF THIS DESCRIBED LINE. (Tax ID#: 3410-502.0312~00/7)
(Location:
,
North side of Ulrich Road, approximately 200 feet west of South U.S.
Highway No.1.)
owned by Vedic Cultural Society, Inc. is hereby approved.
B.
The St. Lucie County Community Development Director is hereby authorized
and directed to cause the change to be made on the Official Zoning Map of
St. Lucie County, Florida, and to make notation of reference to the date of
adoption of this resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
xxx
Vice-Chairman Doug Coward
xxx
Commissioner Paula A. Lewis
xxx
File No,: RZ-D1-002
March 20. 2001
Resolution 01-009
Page 2
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""
Commissioner John D, Bruhn
Commissioner Cliff Barnes
""'"
xxx
xxx
PASSED AND DULY ADOPTED This 20th Day of March 2001.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
BY
ATTEST:
Deputy Clerk
hf
H:IWPIRESOLUTI,NIFINISHED,01IVedicRZlVedicRES.wpd
File No,: RZ-01-002
March 20, 2001
Chairman
APPROVED AS TO FORM
AND CORRECTNESS:
County Attorney
4
Resolution 01-009
Page 3
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Agenda Item #3: File No. RZ-Ol-OO2 Vedic Cultural Society, Inc.
Mr. Flores stated that Agenda Item #3 is the application of Vedic Cultural Society, Inc,
for a change in zoning from the Commercial, General Zoning District to the Religious
Facilities Zoning district for 1.55 acres of property located on the Northside of Ulrich
Road, approximately 200 feet west of South U S Highway #1. The applicant is proposing
a religious worship facility. The surrounding zoning is commercial general to the East,
North, South, and West. The Southwest has RS-2 zoning, The general existing use
surrounding property is commercial to the South and further to the West. Staff has
reviewed this petition and determined that it is consistent with the Standards of Review as
set forth in the Land Development code and is not in conflict with the Comprehensive
Plan.
Staff recommends that this petition be fOlwarded with the Board of County
Commissioners with a recommendation of approval.
Mr. Lounds asked what the structures were at the comer of U S Highway I and Ulrich
Road.
Mr. Kelly replied that there is a Texaco Station immediately in front of this parcel and the
Budget Rent-a-Car is to the north of that.
Mr. Mayer, President of the Vedic Cultural Society, stated that the facility will be
essentially a worship base for about 15 Indian Families that reside here in this county.
Chairman Matthes asked what would the typical hours, days, and times of worship.
Mr. Mayer replied that most of the families are professionals and would be at night and
weekends.
Mr. Jones asked if a church being immediately adjacent to the Texaco Station had any
impact on their right to sell alcohol.
Mr. Kelly replied that it is a pre-existing use, so it will not have any bearing.
Chairman Matthes stated that a letter was received from a citizen and asked that it be read
in to the record. (attached)
PUBLIC HEARING
Seeing no one the public hearing was closed.
Mr. Hearn asked if the letter that was just read said that "they went through the proper
channels to obtain CG Zoning" but reading the map it says RS-2 Zoning, Lots 40 through
45,
Planning and Zoning Commission Meeting Minutes
February t5. 2001
Page 4
'""
""'"
Mr. Kelly said that Mr. Hearn was right Lots 40 through 45 are residentially zoned
properties,
Mr. Hearn said the letter indicates that they are CG.
Chairman Matthes said that the way he read it is that they are owners of 40 to 50; they are
not making the claim that everything they own is CG.
Mr. Hearn said the letter states that they went through the proper channels to obtain CG
Zoning.
Mr. Kelly said that they might have to go back and look. They may have done that for
Lots 46 through 50, they own the whole block, 46 through 50 is an exotic bird sales
place, that was rezoned.
Chairman Matthes asked if that is their property.
Mr. Kelly replied that it appears that it is. Although they reference that they own all of
40 through 50, they may own it all and only rezoned a portion for their business.
Chairman Matthes asked Mr. Flores if he would answer the point that was made with
respect to spot zoning in the letter.
Mr. Kelly said he would answer that. Staff looked at that and when they look at spot
zoning it isn't just truly a different zoning for a piece of land. Spot zoning really is an
incompatible zoning in the middle of something else. This is a non-residential use that
staff didn't think would impact the Commercial General in any negative manner nor did
the applicant believe that the Commercial General would negatively impact his use. As
long as we had compatibility we didn't put the spot label zoning on it.
Mr. Lounds made motion to approve the petition for the Vedic Cultural Society and
forward it on the County Commissioners with a recommendation of approval.
Motion was seconded.
Roll call:
Mr. McCurdy; Mr. Akins; Mr. Menitt; Mr. Hearn; Mr. Jones; Mr. Lounds; Chairman
Matthes
Chairman Matthes instructed Mr. Mayer that the Petition would be forwarded to the
Board of County Commissioners with a recommendation of approval.
Planning and Zoning Commission Meeting Minutes
February 15. 200 1
Page 5
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Board of County Commissioners
2300 Virginia Ave.
Ft. Pierce, Fl. 34982
"Re, \)ec\l'c.
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Re: Property location- North side of Ulrich Road, approximately 250 feet west of South
US Hwy#l
To Whom It May Concern:
As property owners oflots 40-50 and section 243 we do object to the request for rezoning
to RF from CG. It would be spot zoning as CG is on the East side and then we have CG
on the West side of this property and CG is on the Northside also.. We went through the
proper channels to obtain CG zoning and the zoning is continuous from US#l as CG.
When we obtained our zoning we had to buy lots 49-50 as you would not spot zone
around it.
We object to any rezoning other than these properties remaining CG.
~~~ PILu-
Millard P. Hill
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PLANNING AND ZONING COMMISSION REVIEW: 02/15/01
File Number RZ-Ol-002
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
FROM:
Planning and Zoning Commission
Planning Manager cf\é
February 7, 2001
TO:
DATE:
SUBJECT:
Application of Vedic Cultural Society, Inc., for a Change in Zoning fÌ'om
the CG (Commercial, General) Zoning District to the RF (Religious
Facilities) Zoning District.
LOCATION:
North side of Ulrich Road, approximately 200 feet west of
South U.S. Highway No.1
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EXISTING ZONING:
CG (Commercial, General)
PROPOSED ZONING:
RF (Religious Facilities)
FUTURE LAND USE:
COM (Commercial)
PARCEL SIZE:
1. 5 5 acres
,
PROPOSED USE:
Religious Facility
PERMITTED USES:
Attachment "A" - Section 3.01.03(Y) RF (Religious
Facilities) - contains the designated uses which are permitted
by right, pennitted as an accessory use, or permitted through
the conditional use process. Any use designated as a
"Conditional Use" is required to undergo further review and
approvals. Any use not found within the zoning district
regulations are designated as prohibited uses for that district
SURROUNDING ZONING: CG to 'the east, north, south, and west. RS-2 (Residential,
Single-FamilÝ'to the southwest.
t
SURROUNDING LAND USES: The general existing use surrounding the property is
commercial to the north, east, and west. There are residential
uses to the south and further to the west.
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February 7, 2001
Page 2
Petition: Vedic Cultural Society, Inc,
File No,: RZ-OI-002
The Future Land Use Classification of the immediate
surrounding area is COM (Commercial) to the east, north,
south, and west. RU (Residential Urban) to the southwest.
FIRE/EMS PROTECTION:
Station #6 (350 East Midway Road), is located approximately
2.5 miles to the northeast.
UTILITY SERVICE:
The subject property will be served by an on-site well and
septic system.
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
The existing right-of-way for Ulrich Road is 40 feet. The
right-of-way width for South U.S. Highway No. I is 120 feet.
SCHEDULED
IMPROVEMENTS:
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
None.
Concurrency Deferral Affidavit.
ì
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning Commission
shall consider and make the following detenninations:
1. Whether the proposed rezoning is in conflict with any applicable portions of the
St. Lucie County Land Development Code;
The proposed zoning district is consistent with the St. Lucie County Land
Development Code,
2. Whether the proposed amendment is consisten.t with all elements of the St.
Lucie County Comprehensive Plan;
The proposed change in zoning is ~nsistent with all elements of the St. Lucie
County Comprehensive Plan. The Commercial Land Use Classification allows the
RF Zoning District.
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February 7,2001
Page 3
Petition: Vedic Cultural Society, Inc.
File No,: RZ-OI-002
3. Whether and the extent to which the proposed zoning is inconsistent with the
existing and proposed land uses;
The proposed zoning is consistent with existing and proposed land uses in the area.
The general use of the immediate surrounding area of the subject property is
commercial to the west, east, and north. There are residential uses to the south and
further west. Adjacent to the subject property to the east is a Texaco gas station and
convenience store. To the north is a car dealership and to the west is a aviary store.
4. Whether there have been changed conditions that require an amendment;
Conditions have changed so as to require an amendment.
5.
Whether and the extent to which the proposed amendment would result in
demands on public facilities, and whether or to the extent to which the proposed
amendment would exceed the capacity of such public facilities, including but not
limited to transportation facilities, sewage facilities, water supply, parks,
drainage, schools, solid waste, mass transit. and emergency medical facilities;
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,
The intended use for this rezoning is not expected to create significant additional
demands on any public facilities in this area. Prior to the approval of any proposed
development, the applicant will need to provide documentation verifying that
sufficient facilities are in place to support the development. Ulrich Road is currently
unpaved. As a part of the proposed development, this county roadway will be
required to be paved to county specifications along the property's frontage.
6. Whether and the extent to which the proposed amendment would result in
significant adverse impacts on the natural environment;
The proposed amendment is not anticipated to create adverse impacts on the natural
environment. The applicant will be required to comply with all federal, state, and
local environmental regulations.
.
7. Whether and the extent to which the proposed amendment would result in an
orderly and logical development pattern specifically identifying any negative
affects of such patterns;
An orderly and logical development 'Pattern will occur with this change in zoning,
The surrounding parcels of property are designated for commercial uses,
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February 7,2001
Page 4
Petition: Vedic Cultural Society, Inc.
File No.: RZ-01-002
8. Whether the proposed amendment would be in conflict with the public interest,
and is in harmony with the purpose and intent of this Code;
The proposed amendment would not be in conflict with the public interest and is in
harmony with the purpose and intent of the St. Lucie County Land Development
Code.
COMMENTS
The petitioner, Vedic Cultura1 Society, lnc" has requested this change in zoning from the CG
(Commercial, General) to the RF (Religious Facilities) Zoning District in order to develop the
property for a religious facility. The site is currently vacant.
Attached is a copy of Section 3.01.03(Y) - RF (Religious Facilities), of the St. Lucie County
Land Development Code, which delineates the permitted, accessory, and conditional uses allowed
in the Commercial Office Zoning District. If the change in zoning request is approved, the applicant,
by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use
under the Accessory Uses section would be allowed only if one or more of the permitted uses exists
on the subject property. Any use under the Conditional Uses section could only be allowed ifit first
receives approval through the Board of County Commissioners.
Staffhas reviewed this petition and determined that it conforms with the standards of review
as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals,
objectives, and policies ofthe St. Lucie County Comprehensive Plan. Staff recommends that you
forward this petition to the Board of County Commissioners with a recommendation of approval.
Please contact this office if you have any questions on this matter.
Attachment
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cc: Ernesto Velasco, P.E.
File
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1 , Purpose
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Section 3,01.03
Zoning District Use Regulations
CG
COMMERCIAL. GENERAL
The purpose of this district is to provide and protect an environment suitable for a wide variety of
commercial uses intended to serve a population over a large market area. which do not impose
undesirable noise, vibralion, odor, dust. or offensive effects on the surrounding area, together with
such other uses as may be necessaoy to and compatible with general commercial surroundings, The
number in '0' foliowing each idenlified 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.
b,
c.
d,
e,
f.
g,
h.
i,
i ( j,
k,
I.
m.
n,
o.
p,
q,
r.
s,
t.
u,
v,
w.
x,
y.
z,
aa,
bb,
cc,
dd.
ee,
ff.
gg,
Adjustment/coliection & credit reporting services (132)
Advertising (731)
Amphitheaters (999)
Amusements & recreation services -except stadiums, arenas, race tracks, amusement parks
and bingo parlors (79)
Apparel & accessooy stores (56)
Automobile dealers (55)
Automotive rental, repairs & serv, (except body repairs) (151.753.75-4)
Beauty and barber services (1231724)
Building materials, hardware and garden supply (52)
Cleaning services 7"9)
Commercial printing (999)
Communications - except towers (48)
Computer programming, data processing & other computer servo (137)
Contract construction servo (offICe & interior storage only) ('5/'6"')
Cultural activities and nature exhibitions (999)
Duplicating, mailing, commercial art/photo. & slenog. servo (133)
Eating places (581)
Educational services - except public schools (82)
Engineering, accounting, research, management & related services (67)
Equipment rental and leasing services (135)
Executive, legislative, and judicial functions (91192J9319<J9S196197)
Farm labor and management services (076)
Financial, insurance, and real estale (.....'_7)
Food stores (5-4)
Funeral and crematooy services (126)
Gasoline service stations (....t)
General merchandise stores (53)
Health services (60)
Home furniture and furnishings (57) ...
Landséape & horticultural services (076)
Laundoy, cleaning and garment services (121)
Membership organizations - except for religious organizations as provided in Section
8,02,01 (H) of this code (86)
Miscelianeous retail (see SIC Code Major Group 59):
(1) Drug stores (591)
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Adopted August 1, 1990
118
Revised Through 08101/00
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Section 3,01,03
Zoning Oisbict Use Regulations
(
(2) Used merchandise stores (593)
(3) Sporting goods (5941)
(4) Book & stationary (5942159431
(5) Jewelry (5944)
(6) Hobby. toy and games (59451
(7) Camera & photographic supplies (59461
(8) Gifts, novelty and souvenir (5947)
(9) Luggage & leather goods (594'1
(10) Fabric and mill products (5949)
(11) Calalog. mail order and direct selling (596115963)
(12) Liquified petroleum gas (propane) (59"'1
(13) Florists (5992)
(14 ) Tobacco (5993)
(15) News dealers/newsstands (599'1
(16) Optical goods (59951
(17) Misc. retail (See SIC Code for specific uses) (59991
Miscellaneous personal services (see SIC Code Major Group 72):
(1) Tax return services (7291)
(2) Misc. retail (See SIC Code for specific uses) (7299)
Miscellaneous business services (see SIC Code Major Group 73):
(1 ) Detective, guard and armored car services (138')
(2) Security system services (1382)
(3) News syndicate (13831
(4) Photofinishing laboratories (1384)
(5) Business services - misc. (1389)
Mobile home dealers (527)
Mobile food vendors (eating places, fruits & vegetables-retail) (999)
Motion pictures (1')
Motor vehicle parking - commercial parking & vehicle storage. (152)
Museums, galleries and gardens (B4)
Personnel supply services (1361
Photo finishing services (1384)
Photographic services (7221
Postal services (43)
Recreation facilities (999)
Repair services (1B)
Retail trade-indoor display and sales only, except as provided in Section 7.00,00, (999)
Social services:
(1) Individual & family social services (8321839)
(2) Child care services (835)
(3) Job training and vocational rehabilitation services (833)
Travel agencies (472'1 .
Veterinary services (074)
3, Lot Size Requirements
..
Lot size requirements shall be in accordance with Section 7.04.00,
Adopted August 1, 1990
119
(
Revised Through 08/01/00
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Section 3.01,03
Zoning District Use Regulations
4, Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7,04,00,
5, Off-street Parking and Loading Requirements
Off-street parking and loading requirements are subject to Section 7,06,00.
6, Landscaping Requirements
Landscaping requirements are subject to Section 7,09,00,
7, Conditional Uses
a,
b,
c,
d,
e,
f,
g,
h.
i.
j.
k,
Adult establishments subject to requirements of See, 7,10,10, (999)
Drinking places (alcoholic beverages) - free-standing. (5813)
Disinfecting & pest control services, (7342
Amusement parks, (7996)
Go-cart tracks. (7999)
Hotels & motels. (70t)
Household goods warehousing and storage-mini-warehouses (999)
Marina - recreational boats only, ("")
Motor vehicle repair services - body repair, (753)
Sporting and recreational camps. (7032)
Retail trade:
(1) Liquor stores, (592)
Stadiums, arenas, and race tracks. (794)
Telecommunication towers - subject to the standards of Section 7,10,23 (999)
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8, Accessory Uses
Accessory uses are subject to the requiremenls of Section 8.00.00, and include the following:
a.
b.
c.
Drinking places (alcoholic beverages as an accessory use to a restaurant and/orcivic, social,
and fraternal organizations).
One single-family dwelling unit contained within the commercial building, or a detached
single-family dwelling or mobile home, (for on-site security purposes).
Retaillrade: '
(1) Undistilled alcoholic beverages (accessory to retail sale of food),
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Adopted August 1, 1990
120
Revised Through 08/01/00
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Section 3.01,03
Zoning District Use Regulations
i(
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RF
RELIGIOUS FACILITIES
1 , Purpose
The purpose of this Districl is to provide and protect an environment suitable for the establishment
and operation of churches, synagogues. temples, and similar uses, The number in ·0· foliowing each
identified use corresponds to the SIC code reference described in Section 3.01,02(8). The number
999 applies to a use not defined under the SIC code but may be further defined in Section 2,00,00
of this code,
2, Permitted Uses
a, Churches, synagogues, temples, and similar uses, (999)
3. Lot Size Requirements
Lot size requirements shali 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
I
Off-street parking and loading requirements are subject to Section 7,06.00.
6,
Landscaping Requirements.
Landscaping requirements are subject to Section 7,09.00.
7, Conditional Uses
a. Day care facilities, associated and operated by the principal religious use located on that
property, This would include the operation of a day care facility during thenonnal business
week, as licensed by the State of Florida, as well as during any religious function or
associated activity. (999)
b. Educational services, associated with and operated by the principal religious use located on
that property,..This would include the operation of an educational facility providing general
academic andlor special training from grades K to 12, and as licensed by the State of Florida,
(999)
c. Telecommunication towers - subject to the standards of Section 7.10.23 (999)
8, Accessory Uses
Accessory uses are subject to the requirement§bf Section 8,00.00, and include the following:
"
a. Parking lots & parking areas, together with related circulation elements.
b, Enclosed storage structures,
c, Playgrounds and athletic fields (no artificial lights) provided that no activity area shall be
permitted within twenty-five (25) feet of the perimeter of the property,
Adopted August 1, 1990
134
Revised Through 08101/00
(
Adopted August 1. 1 990
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Section 3,01,03
Zoning District Use Regulations
d,
Private water and sewage utility services provided that they are for the sole use of the
particular private development. are not intended to be a sub-regional system. and do not
involve industrial wastewater as defined,
Single family dwelling (detached or as part of the principal structure).
(1) Private swimming pool accessory to the single family dwelling provided that the
swimming pools shall be walled or fenced to prevent uncontrolled access to such
swimming pool from the street or from adjacent properties,
(2) Non-commercial garages accessory to the single family dwelling,
e,
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135
Revised Through 08/01/00
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A Petition of Vedic Cultural Society, Inc. for a Change In Zoning from
CG (Commercial, General) to RF (Religious Facility).
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ST. LUCt10Uf'. ;TY BOARD OF
COUNT COMMISSIO \JERS
PUBLIC' EARING AGENDA
\ reh 20, 2001,:
TO WHOM IT MA Y ÇONC~RN:
NonCE is hereby "given in accordance' with Section
11.00.03 of the St. Lucie County Lt:md Development Code
and in accordorn:e with th.e proi/isions çf the St. Lucie
County ÇomprehenslvB Plah. thot}the following applicant
has requested thgt the St. lucie ~ounty Board of County
CommissIoners con~I/;Il\'r their re9uest os follows:
-" , J
1. Midway Develop!nent ç::om_pony, fOl'" a change In zon-
jng from Ag 2_5 (Agricultural,: I du/2.5 acres) and AG-
(Agricultural, 1 d.u/ocrel zoning districts to the PNRD
{Planned Nan-ResIdential District} zoning district for the
foUowlng descrJbod property:
,
2. Rose Kyle Pro,5ei1ies, for 0 change in zonil\9 from CN
(Commerciol, Neighborhood) zoning district..o CO (<:om-
mercial, OHice] mning district for the followlOg descnbed
properly.
The west 1/2 of 101-62 of White City Subdivision 01
sections 3,4,5,8,9 ond 10, Township 36 South, Ronge 40
Eost, St. Lucie County, Florida as recorded in Plat Book 1
pclge 23 5t, Lucie County Public Records, St, Lucie Coun-
ty, Florida: Less the west 355 feet of said 101·62 and, I~H
th"i:oad right-of-way if west Midway Rood. ContaIning
~,.acres'1?~·· '., .~_~.~:";*.-"-.I..';'~~~.
'. ~ '.. ." '\1', '..
Tdx; d No" 403~02-oo9ð'ooói6
, . ',' - ",; - '1;,'.-:,.j' -.;;-,¡'
Location, South sldê of West Midway Rood, approxi-
mately 500 feet east of S 2S;!~ ~!r_t
3_ Vedic Cultural Society, Inc, fur 0 change in ::wning from
CG (Commet"cial, Generol)zC',.,ing diS!rlct tc:>RF (Relig.lous
Fqc1lity) zoning district fÒl- the following described
property, ..'
'¡"". .-·t,:'~...
Thot port of White City ~'~bd~ision sectio~ 10 TWP 36 S,
RNG 40 E belng- lY ore '_particUlarly deSCribed os--f?lIaws
the narth holf òf #u,'·S9Uft!,ha!t of the lot _242Jen: the east
200' ond less the.saUttt,20·,~'ereof Plot, book .1 page 23
St. Lucie COt,lnty, :FL_~vþ_llc R~d~ D~script¡an of Agree.-
men; line A c.Haln_~lnedjv)Cllng·'onorea of dispute
betW_n Ih. nartl·(C)j\å -half <:'9c t:t)_e!QjJ~ one-half of lot
242,'of White. CI1yc,fSubdivlsion oJ: recouled, . In the Plot
book 1, at pag~'a ,of the public rec:oi:ds of St. .luce
Coùnty Florida all"fYl~ and being in 5~on lOT own-
ship 36 South Range 40 East and being more particularly
desc:ribéd as follo'¥ß.Comn:'~"g ,at the il)ter~ian of
North line of sold lot 242~ -of White City SubdIVision ~s
established by: subdMsion of .~.id.,sectlon·-,.10"Townshlp
36 South Ran~ ..0 East at the "e,t right afway of state
road. No. 5 (0.5. Hlghwoy_~)fIo Th"enc::e,on cry,'- assumed
beating of S 60103'43" W.âlOngsold'rlght:9f'woY,(soid
rlghfaf way beiqg po~lIelwith and 42.00 feet westJ~ the
'1/4'_'section line of sold Section..-JO, Townsbi,p' 36 SOuth,
Ranqe 40 East) a distance of 325.78 feet to an iran rod
and ,cop stomped ~JqA_ 2791" a~cj_ tl\e:polnt ,~~ begln,nlng
of the h.,.eln desc::rlbedUne, sald-point'berhg r"0.09 feet
north of the l;iorth rIght of~woy of the',"O.OO foot wide
right of way'of UlrlclJ Rood, as now laid.óncl_in use;
Thence 89Isç'13~E'a drsto'nce of 621.36 feet,~ an ir~n
rod and cop ,stomped "JGA 2791" a,t the west line of $oald
lat242. Sald;P9!n.t t:tei~g,:S O~{02'~~"._.E a'dls!ance af,
-327.28 fiMf~soúth-:öf·the -,.orthweif"cêimer of Jot 242, ~s
meaSured along said west. Uneand the end of thIs
described line.
. ,
THE EAST ONE~:HALF '·OF THE NORTHWEST ONE
QUARTER OF SECTI0"i' 3, TOWNS.HIP 36 SOUTH,
RANGE 39 EAST.':AND tHE SOUTHEAST ONE QUAR_
TER OF THE SOUTHWEST -QUARTER OF SECTION 34
TOWNSHIP 3~SOUTij', RANGE 39 ,EAST; LESS AND
EXCEPT;' RIG}jT:OF~WAYS ',FOR" MiDWAY ROAD
(COUNTY ROAD 712) A 70 FOOT WIDE RIGHT-OF~
WAY AND THE,NbRTH ST.' LUCIE RIVER WATER CON_
TROL DiSTRICT'. CANAL No. 93, A 78 FOOT WIDE
RIGHT-QF·WAY Alj. LYING IN ST. LUCIE COUNTY,
FLORIDA. ALSO D_E$CRIBEO AS,' A PARCEL OF LAND
LYING IN $ECT'O:N3, TOWNSHH'36-S0UTH, RANGE
39 EASt· AND SECTION _34,-TOWNSHIP 35 SOUTH,
RANGE '39 EAST ,I ST. ,LUCIE 'COUNTY, FLORIDA AND
, BEING MOR_E-. p;A.~nçULARVr'DE$çRI!5ED·AS FOL-
lOWS: COMþY¡ENCE,ÄT THESOUT",EAsr CORNER OF
'THE NORTHWESr QUARTE:R OF'..§,A.ID SECTION 3;
THENCE NORTH OO"16~3a" WEST1)(tONG THE, EAST
LINE OF THE NORTHWEST QUARTER' OF SAID SEC-
TION 3 A DI SiT: NCE -OF 3 9_67 ¡::e:~J to THE NORTH
.RIGHT.OF-WA. LINE OF MIDWAY ROAD-rCOUNTY
ROAD 712)., . 70 .FOOT Wlq,~ RIGHT.OF_WAY;
THENCE SO!-,J'VH_eCJI48'08" WEST ALONG THE NORTH
RIGHT-OF"~' y LINE OF MID\NAY ROAD (COUNTY
ROAD 112),' ',' ',STA..'NCE_ÖF 39.00,cFEET TO THE WEST
R GHT·OF~W YlINE OF NORTH ST. LUCIE RIVER
WATERCÖf'{ ROl-DfSTRICTCANAl NUMBER 93 AND
THE POlblT rOF BÇGINNING; _ !HENCE CONTINUE
ALONG.,J'Hl ~ORJH'R GHT.OF..WAYUNE OF SAID
MIDWAY RÓAD SOUTH 89""'8'08" WEST A DISTANCE
OF 1288.78 FEET; THENCE DEP~/i!TlNG SAID RIGHT-
OF-WAY LINE 'NQRTH OO"1ß'53~ WEST, A'DISTANC¡;
OF 2622.25 FEET TO AN INTERSECTION WITH THE
NORTH LINE :.OFTHE ,NORtH-'YVEST QU¡*o.aTER OF SAID
SECTION 3; 'THENCE NORTH 001()4'51" 'EAST A DIS-
TANCÉ OF 1,3J:8."7 FEET; THENCE..NOR1'H.89"59'41"
EA,STfìA,'ST "', NCE"OF 1288.9,4,;.'. E ET TO:.APO. INT ON
THE .' , ST, '~fGHr~OF-WAY,lINE OF',SAID CANAL
NUM8 :"93p' THENCE' SOUTH 00"0'01"3" WEST
ALON':fHE'~WEST'ftrGHT~Or.;WA'f. "LfNE OF, SAID
CA~~I"klVM8ER,"93 t;..,DI$1ANJ;-f...Qf ,1318.97 FEeT TO
THE IN.TERSECTJ.ON-WITHTHf,:NORTH. LINE - OF THE
NORTI1\1(EST QUARTER OF SA'lq,SECTlON 3; THENCE
CONTJNUE AlONG' THE WEST. RIG'HT-OF-WAY LINE
OF CANAL NUMBER 93: SOUTH 00"16'38" EAST A
DISTANCE, OF 2617.41 FEET RETURNING TO THE
NORTH:.;RIGHT_OF_WAY LlNE,OFMIDWAY ROAD
AND ,Tf(E: POINT qi= BEGfNRING,. SAID PROPERTY
CONTAlrS !16;'-61 fK:RES. ~~RE OR lESS.
Tax Id'~' ,233~.3¡Ò-OOOO_¡¡gO/7
3303-~ 1 .OO~"'IJ01~, :,!J8t:
.¡..'-:¡',"/;,,If, ,.}Æ~ .
Loca,!to, !,<Iolfln."1-"e of;-Mldwoy Road,ap:prox 1 /2 mIle
west of feritat.195(!4"'
'.. > .';1"',
Tax Id. No. 3403-502-0312-.000/7..
'- . ~
Locotlon, Nortfl side. of "'.lrl~hRoa¢ Approximately '250
feet we$t ôf S~~.S. Highwø1 ,N0-1~
æ
. #"
~:,{ .' <'-:__ ';'1::- ,', ' .
A PUBLIC HEÂ~Ò'lGwUJ· be held'fri"'#1e CÒU"ty Commi$o_
sian Chambers,3r~ ~oöraf'111. ~~J'P6!t~s'A~mlnlstra.
tion Anriex8_uUcl,lng",2,3b,o'Virglnla Avenue, ~ôrt Plerce{
:~~~":~;~~;~~~:~i"!'~;"';7~9 .M,OC~'
PURSUANT TØ SÍlÏi:tion 286:01 os, florida StoMes,if Q
person d~d~~. Q~' ony d.e.cis¡onm.Çlde~by.a _boord,
agency 'òt"cò/tfmissTôp ;.$11:h re$opecf to_ any m<?lter consld·
ered ot'a meetlt;1g_or'~h~rlng, he will nM<:! 0 record of the
proceedlngs,and,tl;lat.:fOf' such purpose, he .may_need to
en$oure tt¡at a ....fbof\m ~.ecord of the proceedings IS made,
which rtkor:d·-l/IciÍJd.s'thé. testimony a.,d,evidence upan
whls." th, tlppe.!JI_ls'to I:¡e bosed.
.,
BOARD OF COUNTY COMMISSIONERS
ST. LuciE C::OUN1'Y;flÖRIDA,. ' '
/5/ Frannie- Hutcllnson, ~AlIlMAN '
Publish: Marçti 1)0. 2,001
,""""'"
/
'-" Agenda Request
'....I Item Number 5-C
Date: March 20, 2001
Consent [
Regular [ I
Public Hearing [X]
Leg, [ ] Quasi-JD [ X ]
To:
Submitted By:
Board of County Commissioners
Community Development Director
SUBJECT:
Consider Draft 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 du/2,5 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 referred to as MEC). (File No,: RZ-00-018, PUD-
00-013 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 the 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 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 feel in buildings; outdoor electrical switchyard; an
underground natural gas transmission line exIending to the plant; water and wastewater
treatmenl systems and storm water management facilities; water and fuel oil tanks; and
diesel firewater pump for emergency use only.
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
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 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
RECOMMENDATION:
The Pianning and Zoning Commission, by a vote of 3 to 2, with two members recusing
themselves from the proceedings (Mr. Merritt arid 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.
Stalf recommends approval of Draft Resolution 01-012, subject to the cited conditions
contained therein.
COMMISSION ACTION:
o APPROVEO D DENIED
[X] OTHER
Continue to April 3, 2001
aONCURRENCE:
/~~
Douglas M. Anderson
C?unty Administrator
County Attorney
Originating Dept.:
Finance:
~~
Coordination! Signatures
Mgt. & Budget:
Other:
Purchasing:
Other:
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'....I
COUNTY COMMISSION REVIEW: March 20, 2001
Resolution 01-012
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To:
Board of County Commissioners
Commnnity Development Director
March 13,2001
Petition of Midway Development Company, LLC, for a rezoning from the AG-l
(Agricnltural- 1 du/acre) and AG-2.5 (Agricultural-I 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-QO-013 and MJSP-OO-OI2)
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- 1 du/acre) and AG-2.5 (Agricultural- 1 du/2.5 acres)
zoning districts to the PNRD (Planned Nonresidential Development) zoning district for property located on the
north side of West Midway Road, approximately one-half mile west of 1-95. 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 Cooney-Midway Road PNRD. As part of this submittal, Midway is
also seeking Partial Final PNRD approval for the Midwav Enerl!V Center (hereafter referred to as MEC) a
proposed 510 megawatt, electric generating plant on a 35.97 acre parcel which represents approximately 1/3 of
the overall Coonev-Midwav Road PNRD's I 16.6-acre land parcel.
The purpose of the change in zoning is to provide for the establishment of a 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 Development (MXD) designation is to identify those areas
where innovative land use 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 the County, of which this intersection
is one, On the Midway/Glades Mixed Use Activity Area Map (Fignre 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 defines 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-OO-018, PUD-OO-013 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 Cooney-Midway 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! preservation: Lot I, the southern most parcel of
the proposed development, is 41.59 acres in size and designated for future commerciaVprofessional service
type uses. Lot 2, in the middle of the proposed development, is 35.97 acres in 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-Midwav Groves PNRD.
Section 7 .02.03(H)(l) 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 fmal
development plans for the remaining areas of Lot I. A specific condition of approval is that upon the
development of Lot I an additional 1.77 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 Fignre I-lor 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 1I6-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 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 currently 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 with an AG-2.5 (Agricultural- I 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 22, 200 I, the Development Review Committee found that the site plan portion of this application
met all miniñmm 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 final 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.
f
The proposed Cooney-Midway Groyes 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-00-018. PUD-oo-013 and MJSP-00-012
near highway int.erchanges which serve regional commercial and industrial activities. Within the guidelines of
the ComprehensIve Plan, the developer would be allowed to construct the following density and intensity uses
within the l16.6-acre land tract:
Use Intensity Total Units! Gross
Souare Footal!e Allowed
Residential 5 duJacre 583 du
Institutional .5 FAR 2,539,548 s. f.
Professional Services/Office .5 FAR 2,539,548 s, f
General Commercial .5 FAR 2,539,548 s. f.
Public Service / Utility .25 FAR 1,269,774 s. f
The proposed Coonev-Midwav 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 lO-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 Coonev-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
Midway Road serves as the east-west connector. West Midway 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 farms and
pasturelands, but also including several plant nurseries. Immediately west of the site there are several
residences,
As part of this application, Midway is requesting preliminary PNRD approval for the 116.6-acre Coonev-
Midway 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 West 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 Midwav Enerl!V 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 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
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March 13,2001
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 stonn 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 pennitted to construct the following:
Total Units! Gross
Use Intensity Square Footage
Allowed
Residential 5 du/acre 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 Service!Utility .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 allowahle 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 Development 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
adverse impact on the values of the surrounding properties.
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.
At the February 15, 2001, public hearing on this matter, the St. Lucie County Planning and Zoning
Commission, by a vote of 3 to 2, with two members recusing themselves (Mr, Merritt 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 Avvroval
I. Prior to the issuance of any building permits, site plan authorization or other construction
approvals for any development on Lot I, 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 St. Lucie County consistent
with applicable regulations and public hearing requirements. The granting of any fmal
PNRD approvals for the balance of the Midway site does not obligate the County to future
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"-tI
March I3, 2001
Page 5
Subject: PNRD Approval- Midway Development Company
File No.: RZ-00-018, PUD-OO-013 and MJSP-00-012
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 1 of the Coonev-
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 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 permitted under the County's Code and Compiled
Laws, any such dedication may be considered eligible for Road hnpact Fee Credits.
4. Prior to the issuance of any certificate of occupancy or other use authorization for this facility,
the fmal plats for the Coonev-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 security provided for, in a manner
acceptable to St. Lucie County.
5. Prior to issuance of any development approval for any site construction, on any Lot within the
Coonev-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 fmal platting process for this
development area.
7. As part of the development of the fmal site plans for Lot 1, 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 and 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 water and 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 irrigation 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-00-018, PUD-OO-013 and MJSP-OO-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 permitted on Lot I 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 Figure 1-101 of the Future Land Use Element of
the County's Comprehensive Plan to indicate a higher intensity of use on this property.
Midwav Enerl!V Center - Final PNRD
I
12. 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.
13, The maximum hours of operation of the Midway Energy Center shall be 3,500 hours,
annually. Prior to MEC, any successor or assign, being permitted to increase the number of
hours of operation above 3,500 hours per year, for either oil or gas operations, theMEC, 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 fired
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 permits for the proposed structure or buildings 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 Rezoning and Planned Nonresidential Development to
allow the development of preliminary three lot Planned Nonresidential Development (Cooney-Midway Groves
PNRD) and partial fmal approval for a 510 megawatt electric generating plant in the PNRD (Planned
Nonresidential Development) Zoning District fòr property located on the north side of Midway Road,
approximately one-half mile west ofI-95 Interchange, as set foqh in Draft Resolution 01-012 which includes ~
the recommended conditions.
u [v;)kwJwk.
,ulia e , AICP
Community Development Director
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March 13, 200 1
Page 7
lS/cs
cc: Midway Development Company
AI MaJefatto, Greenberg & Traurig
Rich Ladyko, Culpepper & Terpening
Greg Boggs. Thomas Lucido & Associates
File
...."
Subject: PNRD Approval- Midway Development Company
File No.: RZ-00-Ol8, PUD-oO-Ol3 and MJSP-00-Ol2
1 RESOLUTION 01-012
2 FILE NO., RZ-OO-OIS, PUD,QO.Oll and M./SNJO-OO9
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A RESOLUTION GRANTING A CHANGE IN ZONING FROM
AG·l (AGRICULTURAL - 1 DU/ACRE) AND AG-2.5
(AGRICULTURAL -1 DUl2.5 ACRES) TO PNRD (PLANNED
NON-RESIDENTIAL DEVELOPMENT), PRELIMINARY
PLANNED NONRESIDENTIAL DEVELOPMENT SITE PLAN
APPROVAL FOR A 116.6-ACRE PROJECT TO BE KNOWN
AS COONEY-MIDWAY GROVE - PNRD, AND PARTIAL
FINAL PNRD (PLANNED NONRESIDENTIAL
DEVELOPMENT) APRROVAL FOR 35.97 ACRES TO BE
KNOWN AS MIDWAY ENERGY CENTER FOR PROPERTY
LOCATED IN ST. LUCIE COUNTY, FLORIDA.
f
I
¡
WHEREAS. the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and
evidence, including but not limited to the staff report, has made the following determinations:
CHANGE IN ZONING
1. Midwav Development ComDany. presented a petition for a change in zoning from the AG-I
(Agricultural- 1 dulacre) and AG-2.5 (Agricultural -1 dul2.5 acres) Zoning District to the
PNRD (Planned Nonresidential Development) Zoning District for the property described in
Part A below.
f
2. On February 15, 2001, the St. Lucie County Planning and Zoning Commission held a public
hearing on the petition, after publishing notice at least JO days prior to the hearing and
notifying by mail all owners of property within 500 feet of the subject property, and
recommended that the Board of County Commissioners approve the hereafter described
request for a change in zoning from the AG-I (Agricultural - 1 dulacre) and AG-2.5
(Agricultural - 1 dul2,5 acres) Zoning District to the PNRD (Planned Nonresidential
Development) Zoning District for the property described in Part A below.
3. On March 20, 2001, this Board held a public hearing on the petition, after publishing notice at
least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet
of the subject property.
4, The proposed change in zoning is consistènt with the goals, objectives, and policies of the St.
Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of
the St. Lucie County Land Development Code,
File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
March 20, 2001
Resolution 01-012
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The proposed change in zoning is consistent with the existing and proposed use of property in
the surrounding area,
PRELIMINARY PNRD (PLANNED NONRESIDENTIAL DEVELOPMENT)
Midwav DeveloDment ComDany, presented a petition for a Preliminary Planned
Nonresidential Development Master Site Plan approval to construct a three lot development
with Lot 2 being utilized for the Midway Energy Center Power Plant and Lot 3 being utilized
for open space and retention and Lot 1 being designated for future nonresidential
development, to be known as Cooney/Midway Groves - Planned Nonresidential
Development; in the PNRD (Planned Nonresidential Development) Zoning District for the
property described in Part B.
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The Development Review Committee has reviewed the petition for a Planned Nonresidential
Development Site Plan and found it to meet all technical requirements of the Land
Development Code and to be consistent with the Future Land Use maps of the SI. Lucie
County Comprehensive Plan, subject to the conditions set forth in Part D of this Resolution,
On February 15, 2001, the SI. Luice County Planning and Zoning Commission held a public
hearing of which due public notice was published and mailed to all property owners within
500 feet at least 10 days prior to the hearing, and recommended to this Board that Preliminary
Nonresidential Planned Development site plan approval for the project known as
Cooney/Midway Groves- PNRD be granted.
On March 20, 2001, this Board held a puhlic hearing of which due public notice was
published and mailed notices was sent to all property owners within 500 feet at least 10 days
prior to the hearing.
The proposed project is consistent with the general purpose, goals, objectives and standards of
the SI. Lucie County Comprehensive Plan, the SI. Lucie County Land Development Code and
the Code of Ordinances of SI. Lucie County.
The proposed project will not have an undue adverse effect on adjacent property, the
character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
affecting the public health, safety and general welfare.
All reasonable steps have been taken to minimize any adverse effect of the proposed project
on the immediate vicinity through building design, site design, landscaping and screening,
The proposed project will be constructed, arranged and operated so as not to interfere with the
development and use of neighboring property, in accordance with applicable district
regulations.
File No,: RZ-00-018, PUD-00-013 & MJSP-00-012
March 20, 2001
Resolution 01-012
Page 2
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1 14, Adequate public facilities and services are available through onsite well and septic sewer
2 system.
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4 15. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the
5 Community Development Director on March 20, 2001.
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8 PARTIAL FINAL PLANNED NONRESIDENTIAL DEVELOPMENT
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10 16, Midway DeveloDment ComDany. presented a petition for a Partial Final Planned
11 Nonresidential Development Site Plan approval to construct a 132,500 square foot electric
12 generating plant, to be known as Midway Energy Center for the property described in Part B.
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14 17. The Development Review Committee has reviewed the petition for a Planned Nonresidential
15 Development Site Plan and found it to meet all technical requirements of the Land
16 Development Code and to be consistent with the Future Land Use maps of the St. Lucie
17 County Comprehensive Plan, subject to the conditions set forth in Part D of this Resolution.
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19 18. On February 15,2001, the St. Lucie County Planning and Zoning Commission held a public
20 hearing of which due public notice was published and mailed to all property owners within
21 500 feet at least 10 days prior to the hearing, and recommended to this Board that Partial Final I
22 Site Plan approval for the project known as Midway Energy Center be granted. I
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24 19, On March 20, 2001, this Board held a public hearing of which due public notice was
25 published and mailed notices was sent to all property owners within 500 feet at least 10 days
26 prior to the hearing, f
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28 20, The proposed project is consistent with the general purpose, goals, objectives and standards of
29 the St. Lucie County Comprehensive Plan, the St. Lucie County Land Development Code and
30 the Code of Ordinances of St. Lucie County.
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32 21. The proposed project will not have an undue adverse effect on adjacent property, the
33 character of the neighborhood, traffic conditions, parking, utility facilities, or other matters
34 affecting the public health, safety and general welfare.
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36 22. All reasonable steps have been taken to minimize any adverse effect of the proposed project
37 on the immediate vicinity through building design, site design, landscaping and screening.
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39 23. The proposed project will be constructed, arranged and operated so as not to interfere with the
40 development and use of neighboring p'roperty, in accordance with applicable district
41 regulations.
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43 24. Adequate public facilities and services are available through on site well and septic sewer
44 system.
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File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
March 20, 2001
Resolution 01·012
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25. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the
Community Development Director on February 6,2001.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie
County, Florida:
~
CHANGE IN ZONING
The proposed change in the Zoning District Classification for that property described as
follows:
The east 139.00 feet of the east one-half of the northwest one quarter of Section 3, Township 36
South, Range 39 East;
f
Together with:
The north 1096.51 feet of the east one-half ofthe northwest one-quarter of Section 3, Township
36 South, Range 39 East;
Less and except:
Right-of-ways for Midway Road (County 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 Couuty, Florida.
Also descrihed as:
A parcel of land lying In Section 3, Township 36 South, Range 39 East, St. Lucie County, Florida
and being more particularly descrihed as follows:
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 right-of-
way; thence south 89°48'08" west along the north right-of-way line of Midway Road (County
Road 712) a distance of39.00 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
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 00°18'53" 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 distanœ of1290.52 feet to a point on
the west right-of-way line of said Canal Numher 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 liue of said Canal Number 93 a distance of 2617.41 feet to the north nght-of-way
line of Midway Road and the poInt of beginning.
Said property contains 35.97 acres, more or less.
if'7í
~c'
\ \ lÞ
Resolution 01-012
Page 4
File No,: RZ-00-018, PUD-00-013 & MJSP.00-012
March 20, 2001
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(Location: North side of Midway Road, approximately one-half mile west of the I-9S
Interchange)
B.
A copy of this Resolution shall be attached to the site plan drawings described in Part D,
which plan shall be placed on file with the St. Lucie County Community Development
Director.
SITE PLAN
c.
Pursuant to Section 11.02.05 and Section 11.02.10 of the St. Lucie County Land
Development Code, the Preliminary Planned Nonresidential Development site plan for the
project to be known as CoonevlMidwav Groves - PNRD and the Partial Pinal Site plan for
the project to be known as Midwav EneTI!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 January 9, 2001 and date stamped received by the St. Lucie County Community
Development Director on January 16, 2001; PB Power, Inc., dated December 14, 2000 and
date stamped received by the Community Development Director on December 18, 2000, and
Thomas Lucido & Associates dated December 7,2000 and date stamped received by the St.
Lucie County Community Development Director on December 18, 2000, subject to the
following conditions:
Coonev-Midwav Groves PNRD - Preliminary Plan ADDroval
4
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I. Prior to the issuance of any huiIding pernúts, site plan authorization or other
construction approvals for any development on Lot 1, except for those that may he
required for or incidental to the development of the Midway Energy Site on Lot 2, a
Final PNRD application witb supporting documentation must he received and
approved by St. Lucie County consistent with applicable regulations and public bearing
requirements. The granting of any final PNRD approvals for the balance of the
Midway site does not ohligate the County to future approvals for this portion of tbe
project that would otherwise not he consistent with applicahle land nse and land
development regulations.
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2, As part of the Final PNRD review process for the development of Lot 1 of the Coonev-
Midwav Groves PNRD, a núnbnnm of 1.77 acres of additional "open space" shall be
provided as required under the County's PNRD development standards. Tbe location
of this open space shall be determined during f"mal PNRD site plan reviews.
.
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3. Consistent with other development approvals granted along West Midway Road, prior
to, or as part of, the f"mal platting of the subject property, the developers sball he
required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie
County Attorney, 40 feet of adcijtional right-of-way along the site plan's southern
property line for the future widening of West Midway Road. To the extent pernútted
under the County's Code and Compiled Laws, any such dedication may be considered
eligihle for Road Impact Fee Credits.
File No,: RZ-00-018, PUD-OO-013 & MJSP-00-012
March 20, 2001
Resolution 01-012
Page 5
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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 service the Mid way
Energy Center site consistent with that plat shall have been completed, or secnrity
provided for, in a manner acceptahle to St. Lucie County.
5.
Prior to issuance of any development approval for any site construction, on any Lot
within the Coonev-Midway 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 heen 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 Unal site plans for Lot 1, consideration shall be given
to providing for the interconnection oflocal street grids with the property to the east.
8.
Upon the installation of central water and 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 water and 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 snch time as an alternative water resource for
irrigation or those uses is available.
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9.
Lot 3 shall be kept as open space in perpetuity as indicated on the PNRD Master Site
Plan and Unal plats for this mixed use subdivision.
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10.
All local service utility power and transmission (phone, cable, data) lines for the
proposed subdivision shall he 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 permitted on Lot 1 are limited to
those uses and activities described under the CN, CO, CG, I, RF and U zoning districts.
Auy other use authorization will require that a amendment be made to the Figure 1-
101 of the Future Land Use Element of the County's Comprehensive Plan to indicate a
higher intensity of use on this property.
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File No.: RZ-00-018, PUD-00-013 & MJSP-00-012
March 20, 2001
Resolution 01-012
Page 6
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Midwav Energv Center - Final PNRD
12, As part of the construction of tbis project, the developer shall he required to constrnct
the private roadway from West Midway Road to the project entrance. All works in
tbis area are to be doue prior to the issuance of any Certificate of Occupancy for the
Midway Energy Center and shall he done in accord with applicable county standards.
13. The maximum hours of operation ofthe Midway Energy Center shall be 3,500 bours,
annually. Prior to MEC, any successor or assign, being pennitted to increase the
numher of hours of operation ahove 3,500 bours per year, for either oil or gas
operations, the MEC, any successor or assign, shall be required to suhmit 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
fired conditions shall he 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 permits for the proposed structure or buildings on
this site, all exotic nuisance vegetation found on the site shall be removed.
The property on which this site plan approval is being granted is described in Part B of this
Resolution.
The approvals and authorizations granted by this Resolution are for the purpose of obtaining building
pennits on this property and shall expire on March 20, 2003, unless the developer has obtained a
building pennit approval for the first phase of the site plan described in Part D or an extension has
been granted in accordance with Section 1I,07.05(F) of the St. Lucie County Land Development
Code.
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The Preliminary Planned Nonresidential Development Site Plan approval granted under this
Resolution is specifically conditioned to the requirement that the petitioner, Midway Development
Company, including any successors in interest, shall obtain all necessary development pennits and
construction authorizations from the appropriate State and Federal regulatory authorities, including but
not limited to: the United States Anny Corps of Engineers, Environmental Protection Agency, the
Florida Department of Environmental Protection, and the South Florida Water Management District,
prior to the issuance of any local building pennits of authorizations to commence development
activities on the property described in Part B of this Resolution.
.
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The Certificate of Capacity, 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 Development 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
Development Code, a new certificate of capacity shall be required,
The conditions set forth in Part D are an integral nonseverable part of the site plan approval granted by
this Resolution. If any condition set forth in Section D is detennined to be invalid or unenforceable
File No.: RZ-00-018, PUD·OO·013 & MJSP·OO·012
March 20, 2001
Resolution 01·012
Page 7
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for any reason and the developer declines to comply voluntarily with that condition, the site plan
approval granted by this resolution shall become null and void,
J. A copy of this resolution shall be attached to the site plan drawings described in Part D, which plan
shall be placed on file with the St. Lucie County Community Development Director. Further, the
Community Development Director is hereby authorized and directed to cause the notation of this
resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation
of reference to the date of adoption of this Resolution.
After motion and second, the vote on this resolution was as follows:
Chairman Frannie Hutchinson
xxx
Vice-Chairman Doug Coward
xxx
Commissioner John Bruhn
xxx
Commissioner Paula Lewis
xxx
Commissioner Cliff Barnes
xxx
PASSED AND DULY ADOPTED This 20th Day of March 2001.
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
4
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BY
Chairman
ATTEST:
j
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APPROVED AS TO FORM
AND CORRECTNESS:
Deputy Clerk
County Attorney
cs
H:IWP !planned Unit DevelopmentsIM:idway Energy Ccnter/AgendaslResolution.OO.012.doc
File No.: RZ-00-018, PUD-00-013 & MJSp·00-012
March 20, 2001
Resolution 01-012
Page 8
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February 15, 2001
TO: ST. LUCIE COUNTY PLANNING & ZONING COMMISSION AND
TO WHOM IT MAY CONCERN:
The undersigned are owners, lessors or mortgage-holders of 600+ acres of land
immediately North of Midway Road and West of 1-95 in St. Lucie County,
We were notified of the desire of Enron North America Corporation Power Company to build
a power plant on land contiguous to the land we have an interest in to the West.
We have sold or leased our land to T JH, L TD I and T JH, L TD II for purposes of pursuing
development of the land by a development group headed by James W, Hall of Jupiter, Florida,
Mr, Hall's group has also acquired the 2,000 acres immediately South of Midway Road and West
of 1-95 known as LTC Ranch, The plan is for both parcels to be developed together in a project
to be known as North Pointe, which is proposed to be a beautiful golf and lakefront residential
community with other valuable and attractive amenities including a town center commercial area,
convention hotel, schools, public recreational facilities and more.
We are cognizant that numerous county officials have been aware of the proposed project
for some time. One of the facilities planned is a wilderness, nature hotel on ten acres to the West
where 1-95 and the Florida Turnpike intersect, which will be developed in concert with the county
and South Florida Water Management's plans for recreation along and near ten-mile creek and the
planned retention lake of South Florida Water Management. North Pointe will be an exciting,
unique, multi-use development which will be very affordable and open to the public, It will be a
"destination" area like "City Place" in West Palm Beach and Mizner Park in Boca Raton, with
residences, golf, lake activities, outdoor recreation, equestrian, shops, restaurants, public and,
recreational facilities, The project will generate substantial new taxes and revenues for the county,
It is totally incompatible with the county's overall development plans, rules and regulations
to allow an industrial use such as a power plant right next door to North Pointe. Not only would
such a facility be incompatible but it would be extremely detrimental to the ambiance of the area,
water availability, noise level, pollution of the air and safety of those nearby. Such facilities
obviously should be located away from areas that are essentially residential and recreational where
the negative of the use would not adversely affect the community. Approval of such a facility,
where proposed, would extremely diminish the value of our property and impact the proposed new
North Pointe very badly, We strenuously oppose the approval of Enron's request.
.
We know that Mr. Hall's representatives will be appearing before you regarding this matter
and we agree with, support and concur in all that they will be communicating to you.
.
Sincerely,
HHHP ASSOCIATES AND HHHP PROPERTIES
BY'¡~~
H MAN HENDLER, TRUSTEE
By:
ß~V
ALLAN SCHWARTZ, TRUSTEE
· Joo-,'
TO:
FROM:
DATE:
SUBJECT:
LOCATION:
ZONING DESIGNATION:
PROPOSED ZONING:
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PLANNING AND ZONING COMMISSION REVIEW: 2/15/01
File Number RZ-OO-OI8, PUD-OO-013 and MJSP-OO-012
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
Planning and Zoning Commission
Planning Manager ~L
February 8, 200 I
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 fi'om the AG-I (Agricultural - I dulacre) and AG-2.5
(Agricultural-I du/2,5 acres) Zoning Districts tu 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
plant.
North side of Midway Road, approximately .76 miles east of 11-
Mile Road and approximately one-half mile west ofI-95.
AG-I (Agricultural - I dulacre) and AG-2.5 (Agricultural - I
dul2.5 acres)
PNRD (planned Nonresidential Development - Cooney-Midway
Groves)
LAND USE DESIGNATION:
PARCEL SIZE:
PROPOSED USE:
SURROUNDING ZONING:
MXD (Mixed Use-Midway Road) and AG-2.5 (Agricultural- 2.5)
Parent Parcel
Final PNRD
Open Space
Undeveloped
116.60 acres
35.97 acres
39.04 acres
41.59 ácres
A 132,550 sql1aßcfoot electric generating plant (buildings - 13,980
square feet, equipment - 65,059 square feet and tanks 53,511 square
feet) on 35.97 acres of land, 39.04 acres preserved as open space
and 41.59 acres of vacant undeveloped land,
AG-2.5 (Agricultural- I dul2.5 acres) to the north, east and west
and AG-I (Agricultural- I dulacre) to the south and east,
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Petition: Midway Energy Center
File No.: RZ-üO-018, PUD-üO-013 and MJSP-üO-012
February 8, 2001
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.
TRANSPORTATION IMPACTS
RIGHT-OF-WAY
ADEQUACY:
See Comments
SCHEDULED
IMPROVEMENTS:
See Comments
TYPE OF CONCURRENCY
DOCUMENT REQUIRED:
Certificate of Capacity.
**...*****************
STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03,
ST. LUCIE COUNTY LAND DEVELOPMENT CODE
In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider the
following detenninations:
1.
Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie
County Land Development Code;
I
The applicant is requesting a preliminary PNRD (planned Nonresidential Development) approval for
the entire 116.60-acre tract ofland. The proposed rezoning has been detennined 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
detennined to meet all applicable standards of review.
I
The developer is proposing to subdivide the 116.60-acre land tract into three lots. The first 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 lor 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 stonnwater tract for the
entire 116,60-acre site. Section 7.02.03(H)(I) of the PNRD Zoning District requires a minimum of
35% of the gross acreage to be set aside as "open space" when a parcel of land is over ten acres in
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Petition: Midway Energy Center
File No.: RZ-OO-OI8, PUD-OO-013 and MJSP-OO-OI2
February 8, 200 I
Page 3
size, The total acreage for the proposed project is 116.60 acres. Based upon the 35% open space
requirement, the applicant is required to designate a minimum of 40,81 acres as open space. The
proposed design ofthe project provides for 39.04 acres of open space during the development of Lot
2. Upon development of Lot I 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
the requirements of the CG (Commercial General) Zoning District. The CG (Commercial, General)
Zoning District requires the following minimum requirements:
Minimum Lot Size 20,000 souare feet
Minimum Lot Width 100 feet
Minimum Road Frontao:e 60 feet
The proposed three-lot development satisfies these minimum code requirements. Lot I maintains a
minimum road ftontage 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 ftontage of 100 feet and a minimum lot
width of 1289.80 feet.
The portion of the parent parcel proposed for fmal 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 fmal PNRD (planned Nonresidential Development) approval
for the 35.97-acre site in order to allow the construction ofa 132,500 square foot electric generating
plant containing 13,980 square feet in building, 65,059 square feetin 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 ex;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
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Petition: Midway Energy Center
File No.: RZ-OO-018, PUD-OO-013 and MJSP-OO-012
February 8, 2001
Page 4
designated 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 demonstrated 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 infrastructure needs such as roads, extension of water and
sewer services, etc., will be required with the development of the parcel under the fmal 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 uses;
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 sUlTOunding
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.
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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.
s.
Whether and the extent to which the proposed amendment would result in demands on public
facilities, and whether or to the extent to which the proposed amendment would exceed the
capacity of such public facilities, including but not limited to transportation facilities, sewage
facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency
medical facilities;
The 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 condition of approval will be that at the time that water and sewer
are located within the vicinity of this project, the.applicant will be required to hook into the public
system.
The developer has provided documentation that the proposed three lot subdivision and partial fmal
PNRD (Planned Non-Residential Development) of Lot 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 Road in this area, The applicant has
.
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Petition: Midway Energy Center
File No.: RZ-OO-018, PUD-OO-OI3 and MJSP-OO-012
February 8, 2001
Page 5
agreed to dedicate 40-feet of road frontage along Midway Road in order to ensure that there is
sufficient right-of-way to accommodate 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 4 1. 59-acre tract ofland, 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:
Roadwav Link Pre-Development Volume Post-Development Volume
West of Selvitz Road 27,468 27,472
East ofI-95 12,829 12,838
West ofI-95 4,200 4,207
Midway Road west of Selvitz Road operates at a LOS "C" currently, 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 intersection.
Therefore, the applicant's proposed project will satisfactorily satisf'y all roadway conditions.
I
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 subject property proposed for development contains an abandoned citrus grove that is currently
utilized 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 intennittently 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
locatecft!n the northern portion of the property and is 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 ofthe 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.
.......
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Petition: Midway Energy Center
File No.: RZ-OO-Q18, PUD-OO-Q13 and MJSP-OO-012
February 8, 200 1
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 vegetation is currently beginning to fill
in the north side of the pond. No jurisdictional wetlands were ohserved 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 create 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 to the power grid through the 200' Florida Power & Light transmission lines along
the northern property line.
The principal source of air emissions fi'om 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 (PMIO), sulfur dioxide
(S02), volatile organic compounds (VOCs) and sulfuric acid (H2S04) mist also emitted from the
combustion turbine generators. The following table summarizes the maximum expected annual
emissions from the plant (assuming average annual ambient conditions, CTGs fired with natural gas
and low sulfur No.2 distillate fuel oil) and the corresponding Prevention of Significant Deterioration
(PSD) significant emission rates.
Pollutant Maximum Expected Annual Emissions (tonslvr)
NO 963.2
CO 240,9
VOC 18.9
PM-IO' 130,7
SO, 257.5
Ph 0,(
I
1
Since the projected emissions of NO.. CO, PM-1O and SO, are all less than allowed within
Environmental Protection Agency (EPA) 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
iaelude vehicular traffic movements on local and-distant roadways, occasional distant aircrafts and
intennittent noise fi'om construction activities and sounds fi'om 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 from 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
'-'
.....,
Petition: Midway Energy Center
File No.: RZ-OO-018, PUD-00-013 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 St. 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 permits relating to environmental impacts and environmental
emissions on the site prior to any construction. These agencies include but are not limited to the Army
Corp of Engineers (ACOE), South Florida Water Management District (SFWMD), the Florida Game
and Freshwater Fish 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 specifically identifying any negative affects of such patterns;
The subject site is designated with a MXD-Midway Road Future Land Use Map designation which
permits the increase in development intensity through a variety of uses. The proposed preliminary
PNRD (Planned Non-Residential Development) will provide for a change in the overall development
pattern in the surrounding 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 surrounding properties will change from 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.
.
8.
Whether the proposed amendment would be in conflict with the public interest, and is in
harmony with the purpose and intent of this Code;
I
The proposed amendment would not be in conflict with the public interest and is in harmony with the
purpose and intent of the St. Lucie County Land Development Code, The PNRD (planned Non-
Residential Development) Zoning District provides opportunities that allow for the development of
more intense uses.
1
COMMENTS
The petitioner, Midway Energy Center (ENRON), is seeking approval for a preliminary PNRD (planned Non-
Residential Development) for the Midway Development Co., LLC/Cooney-Midway Grove, L.C. Master Site
Plan to permit a three lot subdivision and partial fmal PNRD (planned Non-Residential Development) to
permit 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 megawatt, electric generating plant for
property located on the north side of Midway Road, approximately Y, mile west oflnterstate 95. The project
will be known as Midway Energy Center (ENRON).
Staff has determined that the proposed zoning designaûon 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 ofreview as set forth in
Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals,
objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this
petition to the Board of County Commissioners with a recommendation of approval subject to the following
conditions:
6.
7.
February 8, 200 I
Page 8
--
""'"
Petition: Midway Energy Center
File No.: RZ-oo-o18, PUD-QO..013 and MJSP-OO-012
Preliminary PNRD
1, Prior to the issuance of any building pernlits 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 application must detail the proposed development 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.
«
c
Prior to any approvals for development for Lot 1, 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 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 development approval for any site construction, for Lot 1, 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.
1
t
,
The proposed private entrance into the subdivision shall be dedicated to the Master
Association.
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 fÌ'om 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, 2001
Page 9
\",,;
'....I
Petition: Midway Energy Center
File No.: RZ-DO-o18, PUD-DO-o13 and MJSP-DO-012
11. Prior to the issuance of any certificate of occupancy or other use authorization for this facility,
the developer shall be required to construct a westbound right-turn lane into the facility at the
project entrance along West Midway Road,
12. Prior to the applicant being permitted 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 permits for the proposed structure or buildings on this
site, all exotic vegetation found on the site shall be removed.
Please contact this office if you have any questions on this matter.
Attachment
cs
cc:
c
Midway Energy Center
AI&ed 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
!(
3,01.03
ZONING DISTRICTS
A
AG-1
AGRICULTURAL - 1
1 , Purpose
The purpose of this district is to provide and protect an environment suitable for productive
commercial agriculture, together with such other uses as may be necessary to and compatible with
productive agricultural surroundings. Residential densities are restricted to a maximum of one (1)
dwelling unit per gross acre. The number in '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.
I
1
2,
Permitted Uses
, ( f.
g,
h,
i.
j.
k,
a, Agricultural production - crops (011
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 thatthe home is licensed
by HRS. (999)
Fishing, hunting & trapping (09
Forestry (0')
Kennels, (0152)
Research Facilities. Noncommercial (07331
Riding stables, (7999)
Single-family detached dwellings. (9991
1
f
3,
Lot Size Requirements
I
1
,
4
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 requiremeryts are subject to Section 7,06.00.
6,
4.andscaping Requirements
..
Landscaping requirements are subject to Section 7,09.00.
7. Conditional Uses
a, Agricultural labor housing, (999}
Adopted August 1, 1990
94
Revised Through 08101/00
(
b,
c.
d,
e,
f,
g,
h.
k.
J.
m.
8,
'-'
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Section 3.01,03
Zoning District Use Regulations
i.
j,
Aircr,,;¡ storage and equipment maintenance, (456')
Airports and flying, landing. and takeoff fields, (4561)
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, (554')
Industrial wastewater disposal. (999)
Manufacturing:
(1) Agricultural chemicals (281)
(2) Food & kindred products (20)
(3) Lumber & wood products, except furniture (24,
Mining and quarrying of nonmetalic minerals. excepl fuels. (1<,
Retail trade: ,
(1) Farm equipment and related accessories. (999)
(2) Apparel & accessory stores. (56)
Sewage disposal subject to the requirements of Seclion 7.10.13. (999)
Telecommunicalion Towers - subject to the standards of Section 7.10.23 (999)
Camps - sporting and recrealional. (1032)
Accessory Uses
Accessory uses are subject to the requirements of Seclion 8.00.00, and include the following:
a.
b.
c.
Adopted August " 1 gOO
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)
H
95
Revised Throu~h 08101/00
(
.
.
I
(
I
~
,
4
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Section 3,01,03
Zoning District Use Regulations
I (
B.
AG-2,5
AGRICULTURAL - 2,5
1 , Purpose
The purpose of this district is to provide and protect an environment suitable for productive
commercial agriculture, together with such other uses as may be necessary to and compatible with
productive agricultural surroundings, Residential densities are restricted to a maximum of one
dwelling unit per two and one half (2,5) gross acres, The number in ·0· following each idenlified 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.
J
,
,
2,
Permitted Uses
f.
g,
( ( 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, (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, (0752)
Research Facilities, Noncommercial (8733)
Riding stables, (7999)
Single-family detached dwellings. (999)
,
I
3,
Lot Size Requirements
I
1
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.
4
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 Secti<tll 7.09.00
7, Conditional Uses
a. Agricultural labor housing, (999)
b, Aircraft storage and equipment maintenance. (4"")
c, Airports and /lying, landing, and takeoff fields, (,''',)
Adopted August 1, 1990
96
Revised Through 08101/00
(
d,
e,
f.
g.
h,
I.
m.
n,
\w
.....,
Section 3,01,03
Zoning District Use RegulaUons
i.
j.
k.
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, (<2211<222)
Gasoline service stations. (5541)
Industrial wastewater disposal. (999'
Manufacturing:
(1 ) Agricultural chemicals (2811
(2) Food & kindred products (20)
(3) Lumber & wood products, except furniture (2')
Mining and quarrying of nonmetalic minerals, except fuels. (f4)
Radio, television, and microwave communication stations and towers. (999,
Retail trade:
(1) Farm equipment and related accessories. (999,
(2) Apparel & accessory stores. (561
Sewage disposal subject to the requirements of Section 7.10.13. (999)
Camps - sporting and recreational. (1032)
Outdoor shooting ranges, providing site plan approval is obtained according to the provisions
of Sections 11.02,07 through 11.02.09 and Section 7.10.19 of this Code.
(
\
,
8. Accessory Uses:
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a,
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)
(
1
I
.
..
97
Revised Through 08101/00
('
, {
C,
1 , Purpose
'-'
..,..¡
Section 3,01,03
Zoning District Use Regulations
AG-S
AGRICULTURAL - S
The purpose of this district is to provide and protect an environment suitable for productive
commercial agriculture, together with such other uses as may be necessary to and compatible with
productive agricultural surroundings. Residential densities are restricted to a maximum of one
dwelling unit per five (S) 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,
h.
i.
j,
k,
j.
a.
b,
c.
d,
e.
Agricultural production - crops (01)
Agricultural production - livestock & animal specialties (02,
Agricultural services (01)
Family day care homes. (999,
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 Rehabililative 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. (0152)
Research Facilities, Noncommercial 181'33)
Riding stables, (1999)
Single-family detached dwellings. (090)
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.
i
.
4, Dimensional Regulations
Dimensional requirements shall be in accordance with Section 7.04.00,
f
S, Off-street Parking and Loading Requirements
Off-street parking and loading requirements are subject to Section 7,OS.00.
S, Landscaping Requirements
..
Landscaping Requirements are subject to Section 7.09.00
7, Conditional Uses
a, Agricultural labor housing, C999,
b, Aircraft storage and equipment maintenance, ('581,
Adopted August 1, 1990
98
Revised Through 08/01/00
(
--
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Section 3,01.03
Zoning Oistrict Use Regulations
c,
d,
Airports and flying. landing. and take-off fields, ('581)
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 (267)
(2) Food & kindred products (20)
(3) Lumber & wood products, except fumiture (24)
Mining and quarrying of nonmetallic 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 Seclion 7,10.13 (999)
Camps - sporting and recreational (1032)
Off-Road Vehicle Parks, except go-cart raceway operation or rentals (1999), subject 10 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.
(ì
e,
f,
g.
h,
i.
j,
k.
I.
m.
f
n.
8. Accessory Uses:
Accessory uses are subject to the requirements of Section 8.00.00, and include the following:
a.
b,
c.
Adopted Augus( 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)
I
i
t
f
La. -=
99
Revised Through 08101100
""".
'....I
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;
ß, 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
iand 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 permitted use possibilities in any Planned
Nonresidential Zoning Development: (
A. For properties located in any Residential or Agricultural cfassified land use area:
Any permitted, conditional or accessory use, incfuding 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 cfassified 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.
f
ß, For properties located in any Commercial,or Industrial classified land use area:
Any permitted, conditional 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 (I H), Utility (U) and (I) Institutional
zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1
Adopted August 1, 1990
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 to conditional
and accessory uses shall be used in the determination of the 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 classification 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 complywiththe minimum lot requirements in the Commercial General
(CG) Zoning District.
3, All Planned Non-Residential Developmenl 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,
4
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 Seclion 4.01.00, l1utchinson 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
383
Revised Through 08101100
.......
""'"
Section 7,02,00
Planned Non-Residential Development (
systems, and other utility systems in order to ensure compatibiiity 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 SI. Lucie County-Ft. Pierce Fire Prevention Bureau.
j
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 St. Lucie County-FI. Pierce Fire Prevention Bureau,
0, TRAFFIC AND PEDESTRIAN CIRCULATION
1. Every Use permitted in a Planned Non-Residential Development shall have aCCess 10 a public
street either directly 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 flow with
controlled tuming 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-of-way widths may be considered as part of the Planned Non-Residential
Development if it is shown to the satisfaction of the County 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
364
Revised Through 08101/00
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Section 7.02,00
Planned Non·Residential Development
6, All roads and streets shall intersect at an approximate ±5° angie of ninety degrees (900)
unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of
intersection.
7, Street jogs or centerline offsets between any local street or road with another local street or
road. shall be no less than one hundred fifty feet (150),
8, The intersection of any two local roads or streets with a Major Collector or Arterial Roadway
shall be separated by a minimum distance of six hundred sixty feet (660), as measured from
centerline to centerline.
9, Permanent dead-end streets shall not exceed one thousand feet (1000) in length,
Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five
hundred and one (501) feet in length, The length of a dead-end street shall be measured
along the centerline of the street from the its point of perpendicular intersection with the
centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs
shall have a minimum right-of-way diameter of one hundred (100) feet.
If the dead end roadway is fIVe hundred (500) feet or less in length, a ·Y· or "T" type of 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 Interfere with sight distance. may be provided. Center islands
shall have a diameter of not less than seventeen (17) feet, unless otherwise approved
through the review of the Planned Unit Development.
10, All roadways, exclusive of interior parking and access aisles areas, regardless of ownership,
shall be located a minimum of ten (10) feet from any exterior building walls, except for
security gate houses or similar security structures located in a private street or road right-of-
way.
11, 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
. ~ ~
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
385
Revised Through 06101/00
'""'
'-'
Section 7,02,00
Planned Non·Residential Development (
number of parking spaces required by this section may be reduced based on
substantial competent evidence that the reduced number of spaces is adequate for
the proposed use or that parking may be shared by proximate uses that operate at
different times or on different days,
b, Reserved parking spaces may be provided, in lieu of paved spaces, subject to
Section 7,06,02(8)(4) of this Code,
2. Off Street Parking and Loading
Off-street parking and loading requirements are governed by Sections 7,06.02 and 7,06.03
of this Code. and the following standards:
a, Off-street parking and loading areas shall be designed to provide travelways
between adjacent uses while discouraging through traffic,
b. Off-street parking and loading areas shall be screened from adjacent roads and
pedestrian walkways with hedges, dense planting, or changes in grades or walls.
3, On Street Parking
In Planned Non-Residential Developments. On street parking may 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, ¡tshall be consistent with the following desIgn standards:
a. The minimum size of a parking stall shall be as follows:
parallel
angled
handicapped (parallel)
handicapped (angled)
8 feet X 23 feet
10 feet X 18 feet
12 feet X 23 feet
12 feet X 18 feet
b. Handicapped parking spaces shall be appropriately marked.
c, Access for emergency fire vehicles shall be in accordance with NFPA standards.
d, No more than fifteen (15) parking spaces shall.be permitted in a continuous row
without being interrupted by a minimum landscape area of 360 square feet.
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 08101/00
'-'
'WÌ
(
Section 7,02,00
Planned Non-Residential 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,
3, Landscaping for off-street parking and loading areas shall meet the minimum requirements
of Section 7.09,00,
H. OPEN SPACE STANDARDS
1. For development projects of less than len (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 stormwater treatment facilities, and
parking areas,
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 stormwater treatment facilities, and
parking areas,
At the request of the developer, 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 habital 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 subj~ to the requirement that 15% of any existing native
habitat on the property must be included as part of the 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, 1990
387
Revised Through 08101/00
'-'
-'
Section 7,02,00
Planned Non~Resjdentia 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,
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 Developmenl .
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,
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 Development 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
(10) 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 otherwise
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 ofChapter9 applicable
to the Commercial Neighborhood'(CN) Zoning District; provided, however, that the Board of
County Commissioners may condition aRProval 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 harm, and to ensure compliance with the St. Lucie
Adopted August 1. 1 990
388
Revised Through 08101/00
'-'
...."
c"
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 harm, and to ensure compliance with the St. Lucie
County Comprehensive Plan,
'...
--
Adopted August 1. 1 gOO
389
Revised Through 08/01/00
A Petition of r-...... jay Development Company for a cr ---ile in zoning from
AG-2.5 (AgricuMiral, 1 d.Ul2.5 acres) and AG-1 (Agric"rnIural, 1 d.uÆ.cre)
Zoning Districts to the PNRD (Planned Non-Residential District) Zoning
District.
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,
5T_ Lucre GOUNTY BOARD Of
COUN?l' COMMISS'Of'lERS,'~';
PUBLIC fARING AGENDA
; ~c::h 20, 2001,'
TO WHOM IT MAY CONCERN,
NOTICE is herebyg;vell 1f1 aceordQncJ ~ith "Section
, 1 .00.03 of the SI. Lucie County lbnd Development Code
and in accordance with, th,8 proklsi,o~sqf~, St._ ~ucle
County Comprehensive Plan... tha~'the followIng applicant
has requested that 'he St. lvclet;:ounty -Boardò' County
Commissioners c::on*ider their r~vesf as fonoWs:, ,:
,
1. Midway Develop!f1ent C::on,Pany, for CI change In z~_
ing from Ag 2.5 (AgricvlfurQ .~' du/2.S dcresJand AG~1
(Agricultural. J d,u/acre zoning dIstricts ,to.th~,PNRD
(Planned Non-ResidentiaIDlsfrict) zoning distriCt for" th.'
following desçdbed property, .
THE EAST. ONf-HALFQF THE NoliHwÈsr' ONE
QUARTER OF SECTlON< 3. TOWN.5.HIP 36 SOUTH,
RANGE 39 EAST AND THE SOUTHEit.ST ONE QUAR.
TER OF THE SOUTHWf;ST QUARTER,PF SEt'rION 34.
TOWNSHIP 35 SOUT~, RANG, . E 39 ;EASTr'L~SS, AND
EXCEPT: RIGHT-OF-WAYS.',FOR"·M;IDWÁV' ROAD,
(COUNTY ROAD 712) A 70::FOOT,WI.DER1GHT_OF~
WAY AND THE NORTH ST. W'cIE' RIVER WATER CON_
TROL DISTRICT CANAL No. 93, A 78 FOOT WIDE
RIGHT-Of_WAY ALt, LYING IN ST, LUCtECOUNTY;
flORIDA. ALSO DESCRIBED A$:'A PÀRCEl".Of LAND
LYING IN SECTION 3, TOWNSHIP. 36~SOUTJ:i, RANGE
39 EAST AND SeCTION. 34,-TOWNSHIP _ 35 SOUTH,
RANGE 39 EAST'ST.LUCIE COUNTY.-FLDRIDA AND
BEING MORE PARnçULARLJ,: _Ð~PI(sI.. IfSE,O}A~ FOL-
lOWS: COMMENce AT THE SO\:J.T~ CORNER Of
THE NORTHWEST QUARTER of,~.D S~TION 3,
THENCE -NORTH- OO·16~38" WESi'~:~ONG:TI"fE' EAST
LINE OF THE NORTHWEST QUAR,rER'_OFSAID SEC4
TlON 3 A DISTANCE OF 39.67 'fEET to THE NORTH
RIGHT-Of_WAY LINE OF MIDWAV"RôAD'(COUNTY
ROAD 712) A70 fOOT WU)I;:. RIGHT.:QF_WAY;
THENCE SOU..,.H 89·.c8'08~ Y{EST 4tONQ'THE NORTH
RIGHT-Of_W..,.y LINE OF MIDv.¡,"{'(RQAtfCCOUNTY
ROAD 712) A,.;DISTANCE OF 39'OQiFfET'-TO,rHEWEST
RIGHT-Of_WAY LINE ÓFNORTH<ST;:Jt.iCI,E' RIVER I
WATER CONTROL DISTRICT·q..NÂt'NUMBfR 93 AND
THE POINT ,"OF BEGINNING;,:rH_ENCE CONTINUE
ALONG -THf: NORTHRIGHT.Q~~\vAYUNE OF S....,D
MIDWAY RÓAO SOUTH B9".cS'OS"WeSJ·"'-CISTANCE
OF 128B.78 FEET; THENCE DEP"'~TING.s~D RIGHJ~
Of.WAY LINE NQRTH OO"I£l'S~_~ WE$TO:,RþlST....N(:J;:
OF 2622.25 _FEET TO AN INTERSEÇTl.oN: WITH THE
NORTH LINE OF THE NORTHWeST-QµAfWE);Q' SAID
SECTION 3; THENCE NORTH D )IO'C·sl~,~r..... DIS~
TANCE OF 1318.47 FEET; T, HEt<, ."ÇE',NÖ~'f.,*189159'41"
EAST A ÇlISTA!'KE"OF 1288.9,thfeEr'TO~'~P.t)INT.oN
THE W~ST RIGHT-OF.WAY '-I,JNE::Pf~fiA_;,GANAL
NUM6Eß:_ 93: fHENçe - SOÛ'rH, _ 'OO-OI:)"3~'-WEsr'
ALONG· (HE .... WEST ·ItIG~--iT~(j~.lWA~llfl'Œ':ØFò-: SAlt)' ;
CANAL,f:'lt,JMBER ,93 A DIS¡AN,Ç~I.'_,.1,ªl8~~7._FW_::t'.q,~
THE .INTERSEcnON·.WITH_ THE;·MORfH.,tlNe:.OF. THE
NORTHWEST QUARTER ÓF S,.,flq_;~.!¡ep-IO"II)~r:rHENCE
CONTINUE ALONG THE WESt-R GHT-OF,~WA'y LINE
OF CANAL NUMBER 93; SOUTH 00016'38·I:AST A
DISTANCE OF 2617..c] FEET RETURNING,.ro THE
..NORTH';RIGHT_OF_WAY LIN~,.OF ;MID.W~"R.OAD
ANO.,TPiE POINT.. qF_ BEGIN~JN.G>':'~SAlO:.,:"~PPERn:
~Q~~: ';):$ 2~~:63'.~:::i':;;,O'j;'S\,A't'·".',.
3303-21ð., ~OOOO~,'OiI.4,; ;':~',".. \':·.,\1_.: .. ,..,:>.:\;_~::.~,.<~,:"..;'<·;i
i' --'&, --.t.:>Æ:'!':" '.i~ ';:"';:Ji'?'~~Vi:,~t~>:",:
locatlo.~ Nodh s~e øt··Midwoy ,Roa~ciRProi(4'2 mile
wesfofl,hlêrstatel9S':¡¡'":-"',-" --;,.. ~\';"~.:" '-,
~
2. Rose Kyle Pro,berties. lor a change in zoning 'from CN
(Commercial. Neighborhood} zoning district .'0 CO (C;0m-
mercial, Office) zoning distrÎCt for the foHowmg described
property.
The west '/2 of lot-62 of While Cily Subdi...ision 01
sectións 3,4,5,8,9 and 10, Township 36 South, Range 40
East, SI. Lucie County, Florida os recorded in Plat Book 1
page 23 St. Lucie County Public Records, SI. Lucie Coun.
ty, Florido: Less Ihe west 355 feet of said lot-62 an~ '~S5
'.......oad right-ol_way iF west Midway Road. Comammg
~~lcre\1?~r.;eß!:J.~~,~:#~#i~~';?t,_: ' ,
To-~:'d No, j40~..,S02.o"09_~~Ó!6:,.-:e,..j . ._ I
.. "': ,..,¡
locotion: South side of West Midway Rood,'apprOXi_
mately 500 feet east of S 2SJh ~treEl!t
3. Vedic Cultural Society. Inc, for a change_In zoning from
CG (Commercial. General)z~,l1ing dls!rlctt~,~F,,<R_er~ ous
Fqcillty) zoning district for the fo1law1ng ·-descrlbed
property: ::~ .
.', }, ,. '
That part of White City S~bd~sìon section )O.TWP 36 S,
RNG 40 E being more Particularly descr;~,C!tff'lows
Ihe oOrth half of the'south,hal~ of the lot:'242-less "",east
200' and leu the south20'tl]:l!1"eofPlat,~kJ 'page 23
St. Lucie County, FL Public ¡ht<>Ot'"d~,D~s_crlptI~,~.Agr~
men' LIne A c"itoin "lIne dMêllnç( an--oreì:Foht:llspute
betWeen the north OI\é -half ~f)d tJ:ae .lQ,.uJiJ·ene-hoff ~ let
2.c2" of White City ,-Subdl...lsion as recordecL.in _ tf1. Plat
book 1, at poge2~ of the public record~)?f St.· .luce
Coùrìty Florida allfying ond being In Sectton.10Town_
ship 36 South Range 40 East o~d being 'J'Õre_~rtlcularly
desCribed os follows, CammencHng -at the:, 1~~lon"of
Norft, line of said lot 242. of White City 5,uDalVislon CIS
esta ;)lIshed by· subdivision of sp_ld.,sectiClf]j·M~-.\ Township
36 Saulh Range 40 East ot the ~t. rl~~ of~l- ofó·s.ro.:
rood No.5 ¡O.S. Highway ,#.,~~:_,on,~:_~
bearing of 5 00(03'.c3" W.ãlong sóid~.tIght.'1l~"G}hþ;Oid
.righi of woy bei~g parallel with and 42rOO feet,~,th.
114'section line of sold Seclion~<10,T~~~6'~
Ran~e .cO East) 0 distance of 325.78 feetfö';c:i _Iro!"lrod
and cap stamped "JGA 2791" o';!st t~,e;p:c?I_~!b:{.~ Ttng-
of the herein described Iln!ll. sald-polnt,þefhgt·'I''''~.0:9'Feet
north of the north righ, of ~way of th.':.i4;0.09.' r~L~c;f"
right. of way of Ulrich Road, os now told encl·.:f~_l:'s.;
Thei'ice 89(56'13"E 0 drstance of 621.36 ,.." to'-ån ""on.
ad and cap stamped ..JG.... 2791" at the west line ohaid
~ot 242. said PÇlinl being 5 OO(02 ;3.~". _~Q':d,l,s!a~~o_~
·327.28 fHt'south'af the ~orth~ner'o'f~df-2~2;·,a.
measured olong said west line ,and the e"nd· of this
described line. .
Tox Id. No. 3403-S02-0312-000/!;¡. .
location: North' side of Ulrich Roo¢:. Ap~~¡'mateIY "'250
feet west ~I Sovih U.S. Highwa1,r:-Ao{~ .
"',,i., "'.{"j,':
o-~"-·_1t.,~··.~~:·:~,. - ,.C\.-
A PUBLIC HEARI~~ will be' held:Ìril'."e'œ~~mmls_
sion Chambers, 3rd flo~of_fl}e Rcoe-f~ftŒr¡,~r(tlrrbtra-
lion Annex BuJlding; 23b.O-VlrglnfaAvenu."f,&t P1erce{
FI~C!n Ma~..." ;20~..2I?Ol~..b~ln,~,~, .,,,,,'!!~.~'!'~~~~11.
soon thereafter. as 'pos~ibht." . '-'.::C' :\:"':~"¡\
PURSU~N~~O ~ion ?86.0105, fJorlda.Stotu_~es; ,If,,;i
person d$Cldesto' appeal any decis¡o":'~e.:by,g,'boQrd"
ogency, i:x córnmlssTÒJI..,Q:lth respeC! loony m~tt... consld.
ered ata meetlog orhel;lrlng. he wIll need 0 record ofth.
proceedings. and t~t,:for such purpase, h4! may. need to
ensure that 0 ....rbotim ~ecord of the proceedIngs IS .mCJd..
which nJcard Includes 'the testimony and.Ø't'ldenceupon.
which the bppeal ~ to be ~sed.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FL~ DA,
IS/ Frannie Hutcl"lnson, ~AIItMAN ;
Publish: March 1,D,2001
~·Y",,"
"
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~
~
AGENDA REQUEST
ITEM NO. R - (0
DATE: March 20,2001
REGULAR [ X ]
PUBLIC HEARING [ ]
CONSENT [ ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
Airoort
PRESENTED BY:
Paul Phillips
SUBJECT: Authorize staff to advertise for bids for approximately 450 acres on the north side of St.
Lucie County International Airport and authorize staff to work with an appraiser to determine a fair
market value for the property.
BACKGROUND: In early 1999, County staff was approached by a developer that wanted to
construct a motor sports complex in St. Lucie County. After an eight month exhaustive search for
property that would be suitable and available in the County for this type of development, staff
recommended S1. Lucie County International Airport. Due to the number of acres required for the
motor sports complex and the property currently available at the airport for long-term lease, the
developer has requested an opportunity to lease the property. However, according to the County
Attorney, for a non-aviation tenant to lease airport property, the Airport must solicit sealed bids from
anyone interested in using the property. As a result, this agenda request is to authorize staff to
advertise for bids for approximately 450 acres on the north side of St. Lucie County International
Airport and to authorize staff to work with an appraiser to determine fair market value for the
property.
FUNDS ARE AVAILABLE IN ACCT#: Funds are available in 140-4210-531000-400 (Airport
Professional Services).
PREVIOUS ACTION: N/A
RECOMMENDATION: Staff recommends that the Board authorize staff to advertise for bids for
approximately 450 acres on the north side of St. Lucie County International Airport and authorize
staff to work with an appraiser to determine a fair market value for the property.
COMMISSION ACTION:
[ ]APPROVED []DENIED
[~THER: Pulled prior to meeting.
Reviews & Approvals
County AttorneY:~OMB
Originating Dept: Other:
Finance:(Check for y only, if applicable)
CONCURRENCE:
r;~~
Purchasing
Other:
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03/16/01
F7.ABWARR
FUND
001
001117
001124
001128
001130
001135
001252
001256
001258
001259
001807
001809
001810
101
101211
102
102001
104001
105
107
107002
, -,
145201
145814
160
183
183001
183004
183212
184202
184203
184803
185001
186
186204
262
304
315
316
;>16001
382
401
401220
418
421
441
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ST. LUCIE COUNTY - BOARD DATA
WARRANT LIST #24- 09-MAR-2001 TO 16-MAR-2001
FUND SUMMARY
TITLE
General Fund
FTA 49 USC Sec 5307 98/99
FTA USC Section 5307 FY 99/00
Section 112/MPO/FHWA/Planning FY01
TC Community Action Agency FYOO/01
Blind Creek Park Dune Crossover
Urban Mobile Irrigation Lab Grant
CTD TRIP Grant FY 00/01
TDC Planning Grant FYOO/01
Emergency Mgmt. Prep & Asst. FY 00/
Floridian Aquifer Well Monitoring
SFWMD-Floridian Aquifer Well 01/04
Arts Along These Waters/Student Art
Transportation Trust Fund
FDEP Canal & Stormwater Retrofit
Unincorporated Services Fund
Drainage Maintenance MSTU
Recreation Donations Fund
Library Special Grants Fund
Fine & Forfeiture Fund
Fine & Forfeiture Fund-E911 Surchar
Blakely Subdivision Fund
Port & Airport Fund
FCT- Pepper Park Addition
2000-2001 Lagoon License Plate gran
Plan Maintenance RAD Fund
Ct Administrator-19th Judicial Cir
Ct Administrator-Arbitration/Mediat
Ct Admin.- Teen Court
OSCA-Court Reporting Grant 00/01
Ft Pierce Inlet Mgmt Implementation
Ft_ pierce Beach Restoration
FIND-Ft pierce Inlet Hydrodynamic
SHIP Housing Assistance FY 00/01
Recycling Operating Fund
Recycling & Education Grant FYOO/01
Tourism Dev 4th Cent I&S Fund
Communication System Fund
County Building Fund
County Capital
Transportation Capital
Environmental Land Capital Fund
Sanitary Landfill Fund
Litter Control & Prevention FYOO/01
Golf Course Fund
H.E.W, Utilities Fund
North Hutchinson Island Utilities
S, Hutchinson Utilities Fund
EXPENSES
236,683.44
27.35
181.81
13,200.97
2,790.04
741. 88
512.21
17,579.52
162.38
466.41
6,044.81
101.79
236.86
322,054.36
102.50
26,942.04
8,078.43
602.00
3,003.47
89,723.70
26,696.28
69.00
6,301.33
7,450.00
232.11
7,423.20
1,267.97
1,178.62
1,298.25
2,056.50
4,202.76
19,767.84
3,152.07
1,915.30
1,517.79
3,805.34
7,267.66
10,658.95
5,290.24
210,508.80
941.00
15,677.59
34,991.83
675.00
15,582.32
161.62
2,736.58
5,426.79
PAGE
1
PAYROLL
288,232.20
363.66
363.65
4,471.64
1,049.10
0.00
1,188.80
0.00
1,191.84
3,470.36
0_00
1,188.80
0.00
96,852.43
0.00
45,787.61
3,806.40
0.00
2,100.42
54,860.50
25,045.45
0.00
6,291.61
0.00
0.00
2,476.44
3,405.04
1,850.58
2,673.73
0.00
0.00
0.00
0.00
2,429.22
1,789.01
596.35
0.00
0.00
0.00
0.00
0.00
0.00
29,876.86
0.00
19,402.57
207.51
3,764.41
2,250.89
03/16/01
F'7.2I.BWARR
FUND
461
471
491
501
505
505001
510
611
625
--
-'
ST. LUCIE COUNTY - BOARD DATA
WARRANT LIST #24- 09-MAR-2001 TO 16-MAR-2001
FUND SUMMARY
TITLE
EXPENSES
Sports Complex Fund
Holiday Pines Utilities Fund
Building Code Fund
Information Technology Fund
Health Insurance Fund
Property/Casualty Insurance Fund
Service Garage Fund
Tourist Development Trust-Adv Fund
Law Library
19,348.76
17,965.18
91,150.02
53,420.91
146,273.21
775.36
21,794.15
1,922.20
2.40
GRAND TOTAL:
1,480,140.90
PAGE
2
PAYROLL
12,442.87
1,870.75
19,909.70
67,460.23
3,034.75
1,626.22
9,183.31
3,214.16
0,00
725,729.07
03/16/01
F~ABWARR
~u,~: 101006- Transportation Trust/Impact Fees
CHECK INVOICE VENDOR
00264676 12100696 South Fla Water Management Dis
FUND TOTAL:
-- ....,
ST. LUCIE COUNTY - BOARD DATA PAGE 1
VOID LIST# 24- 09-MAR-2001 TO 16-MAR-2001
TOTAL
100.00
100.00
'-' -'
03/16/01 ST. LUCIE COUNTY - BOARD DATA
F7.~BWARR VOID LIST# 24- 09-MAR-2001 TO 16-MAR-2001
rU!~: 102 - Unincorporated Services Fund
CHECK INVOICE VENDOR
00269039 12112248 Comfort Inn
FUND TOTAL:
TOTAL
495.00
495.00
,
PAGE
2
,
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..".¡
AGENDA REQUEST
ITEM NO. C-2A
DATE: March 20, 2001
REGULAR []
PUBLIC HEARING [ ]
CONSENT [X ]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
SUBJECT:
BACKGROUND:
FUNDS AVAILABLE:
PREVIOUS ACTION:
OMB
PRESENTED BY: Marie Gouin
Rouse Road MSBU Budget
The MSBU Coordinator has informed this office that the Rouse Road Municipal
Services Benefit Unit (MSBU) has progressed to the pOint where construction
can begin. This will require interim financing, however, the period for receiving
prepayments from the property owners does not expire until April. Until the
prepayment period expires we are unable to determine the amount of funds
the project will require in the form of an interim loan.
So as not to delay the project, the Public Works department has agreed to use
$22,000 from the MSBU project reserves which will be repaid when interim
financing is secured.
Staff is requesting the Board approve the use of funds from the MSBU project
reserves and permission to proceed with obtaining an interim loan in an
amount not to exceed $227,214 at the end of the prepayment period. The
interim loan will be obtained under the provisions of the $3,000,000 master
note with NationsBank, (now Bank of America), Obligor Number 364325, Note
Number 265, dated February 25, 1999. As the project nears completion staff
will return to the Board to seek permanent financing. Repayment of the debt
will be made through the non-ad valorem special assessment levied on the
property owners participating in the project.
See attached Budget Resolution No. 01-77
March 10, 1998 - The Board Accepted the petition and granted permission to
advertise for the initial public hearing held.
April 7, 1998 - The Board approved Resolution 98-01 creating the Rouse Road
MSBU and authorized the County Engineer to proceed with the engineering
and design of the project.
December 19, 2000 - The Board held the second public hearing confirming the
preliminary assessment rolls, authorizing the collection of special assessments
and authorized the county director of engineering to proceed with the project.
G:IBUDGET\WP\AGENDA'SlAgenJaOI\03'20Rousc.wpd
\
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....,;
RESOLUTION NO. 01-77
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become
available in the form of contributions from the property owners participating in the Rouse Road Municipal
SeNices Benefit Unit.
WHEREAS, Section 129,06 (d), Florida Statutes, requires the Board of County Commissioners to adopt
a resolution to appropriate and expend such funds.
NOW, THEREFORE, BE IT RESOLVED by the Board of County C<?mmissioners of St. Lucie County,
Florida, in meeting assembled this 20" day of March, 2001, pursuant to Section 129.06 (d), Florida
Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is
hereby amended as follows:
REVENUES
389-0000-384300-4501
APPROPRIATIONS
389-4115-549114-4501
389-4115-561002-4501
389-4115-561007-4501
389-4115-563000-4501
389-4115-563002-4501
389-4115-563003-4501
389-4115-563005-4501
389-4115-563008-4501
389-4115-563009-4501
- 389-4115-563011-4501
389-4115-563021-4501
389-4115-563028-4501
389-9910-599330-4501
389-9910-599330-800
389-9950-572100-800
389-9950-573100-800
Proceeds - Contrib From Property Owners
$227,214
General & Administrative Fees
Land - Abstract & Title
Land - Right of Way Acquisition
Improvements OfT Buildings
Imp OfT Bldgs - Abstract & Title
Imp OfT Bldgs - SUNey
Imp OfT Bldgs - Consulting Engineer
Imp OfT Bldgs - Advertising
Imp OfT Bldgs - Soil Testing
Imp OfT Bldgs - Permits/Applications
Imp OfT Bldgs - Engineer Reimbursables
Imp OfT Bldgs - Environmental
Project ReseNes
Project ReseNes (Debt SeNice)
Interest - Notes
Additional Bond Expenses
$7,713
$500
$150
$120,000
$1,700
$7,500
$18,000
$247
$666
$650
$8
$1,900
$27,741
$20,720
$7,500
$12.219
Total Appropriations
$227,214
After motion and second the vote on this resolution was as follows:
Commissioner Frannie Hutchinson, Chairperson XXX
Commissioner Doug Coward, Vice Chairperson XXX
Commissioner Paula A. Lewis XXX
Commissioner Cliff Barnes XXX
Commissioner John D, Bruhn XXX
G:\BUDGETI W plAGENDA 'S\Agt:ndaO I \03'ZORouse. wpd
,
--
-'
PASSED AND DULY ADOPTED THIS 20TH DAY OF MARCH, 2001.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS AND FORM:
COUNTY ATTORNEY
G:\BUDGET',WP\AGENDA'S\AgendaO I ',03'20Rouse. wpd
~
'-'
'....I
AGENDA REQUEST
ITEM NO. C-2B
DATE: March 20, 2001
TO: BOARD OF COUNTY COMMISSIONERS
REGULAR []
PUBLIC HEARING [ ]
CONSENT [X ]
SUBMITTED BY:
OMB
PRESENTED BY: Marie Gouin
SUBJECT: Budget Resolution 01-57 Scrivener Error
BACKGROUND: While entering a previously approved budget resolution associated with the
Arts In Public Places program, staff discovered a rounding error that had
gone unnoticed. The cause of the error was determined to be the result of
spreadsheet formula calculations.
FUNDS AVAILABLE: See attached Budget Resolution No. 01·78
PREVIOUS ACTION: February 6,2001 . The Board approved Budget Resolution 01-57
RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No, 01-78 correcting
the scrivener error,
COMMISSION ACTION: CONCURRENCE:
[X] APPROVED [] DENIED
[ ] OTHER:
rP~c
Doug Anderson
County Administrator
County Attorney: XX
MSBU Coord:
Coordlnation/Slanatures
Management & Budget: x~ Mv0 Purchasing:
Public Works: Finance: (Check for Copy only, if applicable)_
G:\BUDGE1\ WP\AGENDA'S\AgendaO I \03'20_ AIPP.wpd
I
-- """
RECOMMENDATION: Staff recommends the Board adopt Budget Resolution No. 01-77
establishing the budget for the Rouse Road MSBU project and approve the
use of funds from the MSBU project reserves to begin construction. Staff
further recommends the Board authorize the Office of Management and
Budget to proceed with obtaining interim financing for the project from Bank
of America when the prepayment period ends.
COMMISSION ACTION:
CONCURRENCE:
~] APPROVED [] DENIED
[ ] OTHER:
r?~ L-
Doug Anderson
County Administrator
Ch/ Coordination/Sianatures
County Attorney: XX ¡Jc:{ Management & Budget ~ Purchasing:
MSBU Coord: XX fl.fJ Public Works: ~ Finance: (Check for Copy only, if applicable) ~
G:\BUDGETI WP\AGENDA 'S\AgendaO 1 \Q3'20Rouse. wpd
,
'-'
'""",,
RESOLUTION NO. 01·78
WHEREAS, subsequent to the adoption of Budget Resolution 01-57, amending the Fiscal Year 2000-2001
budget to facilitate the Arts In Public Places program, rounding errors were found in the amounts identified
as Transfers In and Total Appropriations. It is necessary to amend Budget Resolution 01-57 to correct
these errors.
WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget
for St. Lucie County, it was determined that in order to comply with the Arts In Public Places Ordinance the
Board must establish a budget in the Arts In Public Places Trust Fund.
WHEREAS, a trust fund has been established in accordance with the requirements set forth in the Arts In
Public Places Ordinance Number 00-30.
WHEREAS, Section 129.06 (2) (f), Florida Statutes, requires the Board of County Commissioners to adopt
a resolution to amend the budget.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County,
Florida, in meeting assembled this 20h day of March, 2001, pursuant to Section 129.06 (d), Florida
Statutes, such funds are hereby appropriated for the fiscal year 2000-2001, and the County's budget is
hereby amended as follows:
REVENUES
665-0000-381100-000
APPROPRIATIONS
665-4210-563032-400
665-4112-563032-41010
665-4112-563032-410045
665-4112-563032-4906
665-3725-563032-4257
665-3725-563032-425017
665-3725-563032-425056
665-1930-563032-100
665-1930-563032-1611
665-1930-563032-150097
665-1930-563032-76007
665-7210-563032-76008
665-7240-563032-7623
665-7240-563032-760116
665-7240-563032-7601
665-7240-563032-7658
Transfers In
$59,868
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
Imp OIT Bldgs - Art In Public Places
$1,462
$5,446
$7,921
$3,960
$1,188
$495
$2,475
$9,853
$1,048
$6,710
$9,412
$1,412
$1,598
$592
$1,161
$1,024
G:\BUDGE1\ WP\AGENDA'S\AgendaO I \03'20 _AJPP.wpd
,
--
'-'
665-7240-563032-7646
665-7240-563032-76009
665-7240-563032-75009
Imp OfT Bldgs - Art In Public Places
Imp OfT Bldgs - Art In Public Places
Imp OfT Bldgs - Art In Public Places
Total Appropriations
After motion and second the vote on this resolution was as follows:
Commissioner Frannie Hutchinson, Chairperson XXX
Commissioner Doug Coward, Vice Chairperson XXX
Commissioner Paula A. Lewis XXX
Commissioner Cliff Barnes XXX
Commissioner John D. Bruhn XXX
PASSED AND DULY ADOPTED THIS 20TH DAY OF MARCH, 2001.
ATTEST:
BOARD OF COUNTY COMMISSIONERS
ST LUCIE COUNTY, FLORIDA
BY:
CHAIRMAN
APPROVED AS TO CORRECTNESS AND FORM:
$1,073
$1,049
$1.989
$59,868
COUNTY ATTORNEY
G:\BUDGE1\ WP\AGENDA'S\AgendaO I\03'20_AIPP.wpd
,
y
--
AGENDA REQUEST
I1'fMNO. C - 3A
.
DATE: March 20,2001
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: BOARD OF COUNTY COMMISSIONERS
PRESENTED BY:
SUBMITTED BY: Airoort Paul Phillips
SUBJECT: Accept the Florida Department ofTransportation (FDOT) Joint Participation Agreement (JP A),
and authorize the Chairman to execute the JP A and Resolution No. 01-78 authorizing the Chairman to sign
the agreement, for the utilities improvement project at St. Lucie County International Airport. This JP A
provides for $56,000 of the $85,060 necessary for the project. This is a 20% matching fund JP A with the
Florida Department of Transportation.
BACKGROUND: On April 13, 1999, the Board approved the utilities upgrade project at St. Lucie County
International Airport. This project identified those water and wastewater customers that were served by
individual, multiple, shared, or no water meters at the airport. By providing separate water meters to the
airport tenants, individual billing for water and wastewater service at each customer's location can occur.
This will allow for the adoption by the Board of the rates and charges for the proposed airport utility
district.
The project was approved by the Board for $70,000. As the low bid for this project was $85,060, $15,060
will be made available ITom the Airport funds carry forward balance to cover this shortfall.
FUNDS AVAILABLE IN ACCT#: Matching funds of$14,000 were approved by the Board for fiscal year
2001. The balance of $15,060 will be made available ITom the Airport funds carryforward balance into
Airport Improvements other than Buildings account.
PREVIOUS ACTION: On April 13, 1999, the Board approved the utilities upgrade project at St. Lucie
County International Airport,
RECOMMENDATION: Staff recommends that the Board accept the Florida Department ofTransportation
(FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and
resolution no. 01-78 authorizing the Chainnan to sign the agreement, for the utilities improvement project
at St. Lucie County International Airport. This JP A provides for $56,000 ofthe $85,060 necessary for the
project. This is a 20% matching fund JPA with the Florida Department of Transportation.
COMMISSION ACTION:
[¡lAPPROVED [ ]DENIED
[ ]OTHER:
CONCURRENCE:
r?~~
Reviews & AODrovals
County AttorneY:~OMB
Originating Dept: Other:
Finance:(Check for C only, if applicable)
Purchasing
Other:
'-'
'....I
STA1E OF FLORIDA DEPARTMENT OF TRANSPORTATION
FORM 72s..o3Q-06
PUSUC TRANSP ADMIN
07/00
Page1of12
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
FINANCIAL PROJECT NO.:
411020-1-94-01
(Item-segment-phase-sequence)
Fund: DS
Contract No: .
Federal No: N/A
FLAIR Approp: 088719
FLAIR Obj,: 750004
Org. Code: 55042010428
Vendor No: VF 596000835030
Function: 637
Catalog of Federal Domestic Assistance Number:
Catalog of State Financial Assistance Number: 55004
THIS AGREEMENT, made and entered into this
day of
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and
St. Lucie County Board of County Commissioners
hereinafter referred to as the AGENCY,
WIT N ESE T H:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under 332,006 (6) , Florida Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promil'es and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is Utilities Improvements
and as further described in Exhibit(s) A. B. C & F attached hereto and by this reference made a part
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed,
"
""'"
'....I
FORM 725-030-06
PUBLIC l'RANSP ADMIN
07100
Page 2 of 12
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A"
attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient
manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the eventthat any election, referendum, approval, pennit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite,
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for complelion of the project.
2.40 Submis'sion of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other docu,ments relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof,
3.00 Project Cost: The total estimated cost of the project is $ 70.000,00 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof, The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in
the project in the amount of $ 56.000,00 as delailed in Exhibit "B", or in an amount equal
to the percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this Agreement. It is understood that State participation in eligible project costs is subject to:
(a) Legislative approval of the Department's appropriation request in the work program year that the project
is scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts orolherobligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority
becomes available.
4.20 Front End Funding: Front end funding {i6t-(is not) applicable. If applicable, the Department may initially pay
100% of the total allowable incurred project ccsts up to an amount equal to its total share of participation as shown in
paragraph 4.00,
5.00 Retainage: Retainage ~ (is not) applicable. If applicable, N/A percent of the
Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the
Department's discretion, on or before the completion of the final project audit.
6.00 Project Budget and Payment Provisions:
- .
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements
of project funds only in conformity with the latest approved budget for the project, No budget increase or decrease shall
be effective unless it complies with fund participation requirements established in paragraph 4,00 of this Agreement and is
approved by the Department Comptroller.
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6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the dale of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice,
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Dep<lrtmenfs program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the ·project account", Documentation of the project
accounl shall be made available to the Department upon request any time during the period of the Agreement and for
three years after final payment is made,
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project
account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all
payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or
otherwise received on account of the project, which Department payments and other funds are herein collectively referred
to as ·project funds·. The Agency shall require depositories of project funds to secure continuously and fully all project
funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the
deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as
prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs,
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respectlo any item which is
or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on
file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn, All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the exlent feasible, kept separate and apart from all other such
documents,
7.60 Audit Reports:
1, All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number,
award number, and year, and name ofthe federal agency. State grant and aid funded grants are to be identified
with the Financial Project Number (FPN) and contract number.
2, Audits shall be conducted under the guidelines of A-133, Section 215,97. Florida Statutes, and Chapter 10,600,
Rules of the Auditor General.
3, For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be
submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the
subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must
be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting
package, and data collection form.
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4, The Agency shall follow up and take corrective action on audit findings, A-133 further requires the preparation of
a summary schedule of prior audit findings and a corrective action plan for current year audit findings,
5. Project records shall be retained and available for at least three years after the final payment. Records related to
unresolved audit findings, appeals, or litigation shall be retained untillhe action is completed or the dispute is
resolved.
Reports of audits conducted in accordance with OMB Circular A-133, and corresponding data collection forms
shall be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
and the District Public Transportation Office identified in paragraph 8,10 of this agreement.
Reports of audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10,600 Rules of
the Auditor General shall be sent to:
State of Florida Auditor General
P.O. Box 1735
Tallahassee, FL 32302-1735
and the District Public Transportation Office identified in paragraph 8,10 of this agreement.
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities, In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility,
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit ·C",
8.00 Requisitions and Payments:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department
ofTransportation, District Four, Public Transportation Office 3400 W. Commercial Blvd, Ft. Lauderdale, Florida, 33309 its
requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined
in paragraph 7,10 hereof) to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof,
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112,061, Florida Statutes,
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a stalement by the Agency certifying thatthe Agency has acquired said real property, and actual
consideration paid for real property.
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(3) a statement by the Agency certifying that the appraisal and acquisition of the real property
together with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
laws, rules and procedures that may apply to the Agency acquiring the real property,
8.20 The Department's Obligations: . Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and
payment of the eligible costs, However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amèndment thereof, or in or with respect to any document or data
fumished therewith or pursuant hereto;
8.22 Utigation: There is then pending litigation with respect to the performance by the Agency of any
of its duties or obligations which may jeopardize or adversély affect the project, the Agreement, or payments to
the project;
8.23 Approval by Department: The Agency shall have taken any aclion pertaining to the project
which, under this agreement, requires the approval of the Department or has made related expenditures or
incurred related obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement.
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance
to the project suspends or terminates federal financial assistance to the project. In the event of suspension or
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department.
8.40 Payment Offset: If, after project completion, any claim is made by the Departmenl resulting from an audit
or for work or services performed pursuant to this agreement, the Department may offset such amountfrom payments due
for work or services done under any public transportation joint participation agreement which it has with the Agency owing
such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting
amounts shall not be considered a breach of contract by the Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations
under this Agreement until such time as the event or condition resulting in such suspension has ceased or been
corrected, or the Department may terminate any or all of its obligations under this Agreement.
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9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final
termination or suspension notice underthis paragraph, the Agency shall proceed promptly to cany out the actions
required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as
the case may be, project activities and contracts and such other action as may be required or desirable to keep
to the minimum the costs upon the basis pf which the financing is to be computed; (2) furnish a statement of the
project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs;
and (3) remit to the Department such portion of the financing and any advance payment previously received as
is determined by the Department to be due under the provisions of the Agreement. The termination or suspension
shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or
upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the
schedule, plan, and bUdget within a œasonable time. The approval of a remittance by Ihe Agency orthe closing
out of federal financial participation in the project shall not constitute a waiver of any claim which the Department
may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
party wilh respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same,
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of
Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act, Atthe discretion ofthe Department, the Agency
will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall
certify to the Department thaI selection has been accomplished in compliance with the Consultant's Competitive
Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 26, as amended, shall have the maximum opportunity to participale in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DSE requirements of 49
CFR Part 26, as amended, apply to this Agreement.
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12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the
Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts,
Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex
in the award and performance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the canying out of any project, the Agency shall not
discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national origin,
The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be
limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or
termination; rates of payor other forms of compensation; and selection for training, including apprenticeship, The Agency
shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in
connection with the development or operation ofthe project, excepfcontracts for the standard commercial supplies or raw
materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for
standard commercial supplies or raw materials, When the project involves installation, construction, demolition, removal,
site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for
employment for project work, notices to be provided by the Department setting forth the provisions of the
nondiscrimination clause,
13.20 Title VI- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78
Statute 252), the Regulations ofthe Federal Department ofTransportation issued thereunder, and the assurance by the
Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification Ihat the Agency will comply with all Ihe requirements imposed by Title VIII of the Civil Rights Act of 1968, 42
USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, religion, sex, disability and familial status,
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification thatthe Agency will comply with all the requirements imposed by the ADA, the regulations ofthe
federal government issued thereunder, and the assurance by the Agency pursuant thereto,
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with the project or any property included or planned to be
included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately
disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this
subsection: Provided, that any such present member, officer or employee shall not participate in any action by the
Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in
connection with the project or any property included or planned to be included in any project, and shall require its
contractors to insert in each of their subcontracts, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
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13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom,
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the
Department for any loss incurred in connection therewith,
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to
any party other than the Agency.
14.30 When'Rights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default
which may then exist, on the part of the Agency, and the making of such payment by the Department while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held
invalid, the remainder of this Agreement shall not be affected, In such an instance the remainder would then continue to
conform to the terms and requirements of applicable law,
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and,
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder,
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State
law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once
notify the Department in writing in order that appropriate changes and modifications may be made by the Department and
the Agency to the end that the Agency may proceed as soon as possible with the project.
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles and approved by the
Department. The Agency further agrees to maintain the project fz::ilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
and develop control systems as required by 49 CFR Part 18, when applicable,
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility orequipmen1
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the
Agency1Ñi1l comply with the terms of 49 CFR Part 18 relating to property management standards, The Agency agrees tc
remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Saie
proportional amount shall be determined on the basis of the ratio of the Departmenl financing of the facility or equipmen"
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hole
harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, 0
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expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees during the
performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this
paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by
the Department or any of its officers, agents, or employees during the performance of the Agreement.
The parties recognize and a<;eept the funding restrictions set forth in Section 339.135(6)(a), and Section 129,07, Florida
Statutes, which may affect each of the parties' obligations. Those provisions are as follows:
(a) The Department during any fiscal yeár shall not expend money, incur any liability, or enter into any contract
which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for
expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null
and void, and no money may be paid on such contract, The Department shall require a statement from the
Comptroller of the Department that funds are available prior to entering into any such contract or other binding
commitment of funds. Nothing heretn contained shall prevent the making of contracts for periods exceeding one
(1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed
to be paid for in succeeding fiscal years. Section 339.135(6)(a), Florida Statutes.
(b) It is unlawful for the Board of County Commissioners tö expend or contract for the expenditure in any fiscal
year more than the amount budgeted in each fund's budgel, except as provided herein, and in no case shall the
total appropriations of any budget be exceeded, excepl as provided in s. 129.06, and any indebtedness
contracted for any purpose against either of the funds enumerated in this chapter or for any purpose, the
expenditure for which is chargeable to ei1her of said funds, shall be null and void, and no suit or suits shall be
prosecuted in any court in this state for the collection of same, and members of the Board of County
Commissioners voting for and contracting for such amounts and the bonds of such members of said boards also
shall be liable for the excess indebtedness so contracted for. Section 129.07, Florida Statutes,
When either party receives a notice of claim for damages that may have been caused by the other party in the
performance of services required under this Agreement, that party will immediately forward the claim to the other party.
Each party will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly
discuss options in defending the claim,
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment
or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate
plans and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendations conceming any
remainder of the project deemed appropriate, After resolution of these comments and recommendations to the
Department's satisfaction, the Departmenl will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in
paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended
purpose.
17-.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Legislature,
17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period
of more than one year, Ihe provisions of Chapter 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The
Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its
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Page 10 of 12
terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such
fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be
paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are
available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall
prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be
incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which
have a term for a period of more than 1 year,"
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
March 31. 2003 , If the Agency does not complete the project within this time period, this Agreement
will expire unless an extension of the time_period is requested by the Agency and granted in writing by the District
Secretary, District Four . Expiration of this Agreement will be considered termination of the project and the
prOCedure established' in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid,
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular, All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously execuled in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall
constitute one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement.
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attel,'pting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all
tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature ora state
agency,
22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the
Department should be aware of the following time frames, Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise,
The Department has 20 days to deliver a request for paymenl (voucher) to the Department of Banking and Finance, The
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20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected
and approved,
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable. in addition to the
invoice amount to the Agency. The interest pené\lty provision applies after a 35 day time period to health care providers,
as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment
Invoices which have to be retumed to an Agency because of vendor preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Department.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties ofthis individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792,
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement
287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a pUblic building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or peñorm work as a contractor, supplier, subcontractor. or
consultant under a contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on
the convicted vendor list."
.....
'WI
FORM 725-030-06
PUBLIC TRANSP ADMIN
07/00
Page 12 of 12
Rnancial Project No, 411020-1-94-01
Contract No.
Agreement Date
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above
written.
AGENCY
St. Lucie County Board of County
Commissioners
BY:
TITLE:
ATTEST:
TITLE:
(SEAL)
APPROVED AS TO FORM, LEGALITY
FDOT
COMPTROLLER FUNDING APPROVAL
DATE:
ATTORNEY
DEPARTMENT OF TRANSPORTATION
DISTRICT SECRETARY
OR
DIRECTOR OF PLANNING & PROGRAMS
ATTEST:
TITLE:
(SEAL)
.'
"-'
'....I
Fin. Proj. No.: 411020-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and
St. Lucie County Board of County Commissioners
PROJECT LOCATION:
St. Lucie County Intemational Airport
PROJECT DESCRIPTION:
Utilities Improvements
SPECIAL CONSIDERATIONS BY AGENCY:
The audit report(s) required in paragraph 7,60 of the Agreement shall include a schedule of project
assistance that will reflect the Department's contract number, Financial Project number and the
Federal Identification number, where applicable, and the amount of state funding action (receipt and
disbursement of funds) and any federal or local funding action and the funding action from any other
source wilh respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A
'-'
'....I
Fin. Proj. No.: 411020-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
Slate of Florida, Department of TranspOftation and
51. Lucie County Board of County Commissioners
I. TOTAL PROJECT COST:
$70,000
II. PARTICIPATION:
Federal Participation:
FAA, FTA, UMTA, etc.
Ageoo¡ Participation:
In-Kind
Cash
Other
O,()()%
$0
20,00"10
$0
$14,000
$0
Maximum Department Participation:
Primary (DS) (DDR) (DIM) (PORl)
Federal Reimbursable (DU) (FRA) (DFTA)
Local Reimbursable (DL)
80,00"/0
$56,000
$0
$0
III. TOTAL PROJECT COST:
$10,000
!
.......
....,
Exhibn C Page 1 of 2
Fin, Proj, No,: 411020-1-94-01
Contract No.:
Agreement Date:
EXHIBIT "C"
(GENERAL)
This exhibit forms an integral part of that certain Joint Participation Agreement between
the State of Florida, Department of Transportation and
Sf. Lucie County Board of County Commissioners
Documents required to be submitted to the department by the Agency in accordance with
the terms of this agreemenL
SUBMITTAUCERTIFICATION
BASIS FOR ACCEPTANCE
Consultant Selection Compliance
Agency Attorney's Certification
Design Submittal'
100% Plans, Specifications and Conlract Documents,
signed and sealed by Registered Professional Engineer
Engineer Certification"
Construction/Procurement
Department Letter
Safety Compliance
(a) Department Review
(b) Agency Certification
Release for Notice to Proceed
Department Letter
Annual Audit Reports
Agency Certification
Completion Per Specifications
Agency Certification
, Plans, Specifications, Engineering Report
One (1) Full Size set and (1) 11x17 setto be sent directly to:
Matthew J, Thys
Aviation Supervisor
Public Transportation Office, D4
3400 West Commercial Boulevard
Fort Lauderdale, FL 33309-34:>1
.. Criteria for development and certification of plans, specifications, and contract
documents is defined in the DESIGN DEVELOPMENT CRITERIA Section of
this Exhibit.
,
~
'....I
Exhibij C Page 2 of 2
Fin, Proj, No,: 411020-1-94-01
Contract No.:
Agreement Date:
DESIGN DEVELOPMENT CRITERIA
The plans, specifications, construction contract documents, and any and all other similar
engineering, construction, and contractual documents produced by the Engineer for the project
are hereinafter collectively referred to as ·plans· in this Exhibit.
Plans shall be developed in accordance with sound engineering and design principles, and with
generally accepted professional standards.
Plans shall be consistent with the intent of the project as defined in the Joint Participation
Agreement, Section 1.00, "Purpose of Agreement", and Exhibit "A" of Ihis Agreement.
The Engineer shall perform a thorough review of the requirements of the following standards and
make a deíermination as to their applicability to this project. Plans produced for this project shall
be developed in compliance with the applicable requirer,nents of these standards.
· Federal Aviation Administration Regulations and Advisory Circulars
· Florida Department of Transportation Standards of Design for General Aviation
Projects
· State of Florida Manual of Unifonn Minimum Standards for Design, Construction and
Maintenance for Streets and Highways
· State of Florida Manual on Unifonn Traffic Control Devices
· State of Florida Roadway and Traffic Design Standards
Development of Ihe plans shall comply with all applicable laws, ordinances, zoning and permitting
requirements, public notice requirements, and other similar regulalions that apply to the scope
and location of the proj ect.
Note: The current version(s) or edition(s) as of the execution date of the Engineering Agreement
for the design of the project.
"'"
"""
FP No,: 411020-1-94-01
Contract No,:
Agreement Date:
EXHIBIT "P'
SPECIAL AIRPORT ASSURANCES
This exhibit fonns an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and
SI. Lucie County Board of County Commissioners
I. GENERAL
a, These assurances shall be complied with in the perfonnance of master planning, land
acquisition, economic development or capital improvement projects which conlain NO
, federal funds.
b, Upon acceptance of this Joint Participation Agreement by the sponsor, these
assurances are incorporated in and become a part thereof.
II, DURATION
The tenns, conditions and assurances of the grant agreement shall remain in full force and
effect throughout the useful life of the facilities developed or equipment acquired for any airport
development project, but in any event not to exceed twenty (20) years from the date of acceptance of
a grant agreement utilizing state funds for the project. However, there shall be no limit on the duration
of the assurances with respect to real property acquired with project funds,
III. SPONSOR CERTIFICATION
The sponsor hereby assures and certifies, with respect to this grant:
a. It has sufficient funds available for that portion of the project costs not paid for by the State, It
has sufficient funds available to assure operation and maintenance of items it will own or
control funded under the grant agreement.
b, It holds good title, satisfactory to the Department, to the landing area of the airport or site
thereof, or will give assurance satisfactory to the Department, that good title will be acquired.
c, If an arrangement is made for management and operation of the airport by any agency or
person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to ensure that the airport will be operated and maintained in
accordance with the Federal Airport and Airway Improvement Act of 1982, or successive
legislation; the regulations and the tenns, conditions and assurances in the grant
agreement; and shall ensure that such arrangement also requires compliance therewith.
"'"
.....,
d. It will adequately clear and protect the aerial approaches to the airport by removing, lowering,
relocating, marking, or lighting, or otherwise mitigating existing airport hazards and by
preventing the establishment or creation of future airport hazards.
e. It will make its airport available as an airport for public use on fair and reasonable tenns.
f, It will pennit no exclusive rights for the use of the airport by any persons providing, or
intending to provide aeronautical services to the public,
g, All revenues generated by the airport will be expended by it for the capital or operating costs
of the airport, the local airport system, or other local facilities owned or operated by the owner
or operator of the airport and directly related to the actual aerial transportation of passengers
or property,
h, Once accomplished, it will keep up-to-date a minimum of an Airport Layout Plan of the airport
showing (1) boundaries of tlìe airport and all proposed additions thereto, together with the
boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and
proposed additions thereto; (2) the location and nature of all existing and proposed airport
facilities and structures (such as runways, taxiways, aprons, tenninal buildings. hangars and
roads), including all proposed extensions and reductions of existing airport facilities; and (3)
the location of all existing improvements thereon,
,
1"
y
w
AGENDA REQUEST
"-"
ITEM NO. C - 3 - B
DATE: March 20,2001
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [X]
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY: Airoort
PRESENTED BY:
Paul PhilliDs
SUBJECT: Request approval of the Inwood Consulting Engineer's recommendation to award the airport
water system improvements contract to Johnson-Davis, Inc. for $85,060.
BACKGROUND: On April 13, 1999, tlle Board approved the utilities upgrade project at St. Lucie County
International Airport. This project identified those water and wastewater customers that were served by
individual, multiple, shared, or no water meters at the airport., By providing separate water meters to the
airport tenants, individual billing for water and wastewater service at each customer's location can occur.
This will allow for the adoption by the Board of the rates and charges for the proposed airport utility
district.
On January 31st, 2001, the County received sealed bids for the airport water system improvement project
from three contractors. The low bid received was for $85,060. This bid was $15,060 above the Board
approved budget of$70,000. The Florida Department of Transportation (FDOT) has committed $56,000
towards this project. As the low bid for this project was $85,060, $15,060 will be made available from the
Airport funds carry forward balance to cover this shortfall.
FUNDS AVAILABLE IN ACCT#: Matching funds of$14,000 were approved by the Board for fiscal year
2001. The balance of$15,060 will be made available from the Airport funds carryforward balance into
Airport Improvements other than Buildings account.
PREVIOUS ACTION: On April 13, 1999, the Board approved the utilities upgrade project at St. Lucie
County International Airport.
RECOMMENDATION: Staff recommends that the Board approve Inwood Consulting Engineer's
recommendation to award the airport water system improvements contract to Johnson-Davis, Inc. for
$85,060.
COMMISSION ACTION:
t]APPROVED [ ]DENIED
[ ]OTH?R:
CONCURRENCE:
?~~
Reviews & Approvals
County AttorneY:~OMB
Originating Dept: Other:
Finance:(Check for y only, if applicable)
Purchasing
Other:
d,;..~, CON 5 U L T 11:j G
,.}f,ENGINEEAS
Civil · Environmental · Transportation
3504 lake Lynda Drive, SuIte 410 Orlando, FL 32817 8us:(407)273-3661 Fox:(407)273-3662
It
I
~
February 5, 2001
SLC-006-02
Mr. William Blazak
Utility Services Director
St. Lucie County Utilities
2300 Virginia Avenue
Ft. Pierce, FL 34982
RE: St. Lucie County Airport Water System Improvef71ents (SLC Bid #01-013)
SUBJECT: Recommendation of Award
Dear Mr. Blazak:
On Jaouary 31, 2001, the County received sealed construction bids for the above referenced project
from three Contractors, A copy of the bid tabulation summary is attached, The three bidders aod bid
prices are as follows:
· Johnson - Davis, Inc. - $85,060.00
· Azurix North America Operations & Maintenaoce, Inc. - $85,876.03
· Sheltrat Son Construction Compaoy, Inc. - $167,075.00
The bid proposals of the three bidders appear to be complete aod properly executed. They have
submitted proposals which appear to comply with the County's bidding requirements. While the
County must verify these specific requirements, we believe that these bid proposals are in conformance
in all-material respects to the invitation for bids aod are therefore responsive bids.
<:
We obtained a list of references for the apparent low bidder, Johnson - Davis, Inc. and have contacted
a number of the listed references. All of the responders for the listed references indicated that they
were satisfied with the work completed by Johnson - Davis and that their workmanship was
acceptable. All of the references indicated tbat Johnson - . Davis would be considered for future
projects without any hesitation.
In summary; based on our review of the bids, our discussions with Johnson - Davis directly, aod our
survey of references for previously completed similar projects by Johnson - Davis, we find that
Johnson - Davis is the lowest, responsible, responsive bidder aod is qualified to complete the work.
'-'
~
Mr. William Blazak
February 5, 2001
Page 2 of2
Therefore, we recommend that the above referenced construction contract be awarded to Johnson -
Davis for the contract amount of $85,060.00
If you have any questions or comments, please contact me at your earliest convenience.
Sincerely,
Inwood Consulting Engineers, Inc.
ê~
.
Project Manager
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AGENDA REOUEST
"""'!:TEM NO. C-~
DATE: 03/20/01
CONSENT X
REGULAR
PUBLIC HEARING [ ]
Leg. [] Quasi-Jud. [
TO: BOARD OF COUNTY COMMISSIONERS
SUBMITTED BY:
Community Development
NTED BY:
l- j\) t:~ 6k""c~k
ommunity
elopment Director
SUBJECT: Request for final plat approval for the site plan known
as Childers SID located on the west side of South 25th
Street, approximately 165 feet south of the F.E.C.
railroad right-of-way.
BACKGROUND: John G. Albritton has submitted a plat for a 4-1ot
single-family residential subdivision to be known as
Childers SiD on a 9.04 acre parcel.
FUNDS AVAILABLE: NIA
PREVIOUS ACTION: On February 9, 2001, the St. Lucie County Community
Development Director, through Community Development Order
01-002, granted approval to the minor site plan for
Childers SiD.
RECOMMENDATION: Approve the final plat of Childers SID and authorize its
final execution.
COMMISSION ACTION: CONCURRENCE:
[ X] APPROVED
[ ] OTHER:
DENIED
9~"L
Douglas M. Anderson
County Administrator
County Attorney:
(h
Review and Accrovals
Management & Budget,
Purchaa in9:
Other:
Originating Department:
Other,
Fin&ßce: {Check for Copy only, if applicable)
"
/'
"'"'
'"
COUNTY COMMISSION REVIEW: 03/20/01
MEMORANDUM
DEPARTMENT OF COMMUNITY DEVELOPMENT
To:
Board of County Commissioners
From:
Julia 1. Shewchuk, Community Development Director
Date:
March 14,2001
Subject:
Petition of John G. Albritton for final plat approval for a 4-lot residential subdivision
to be known as Childers Subdivision
On February 9, 2001, the SI. Lucie County Community Development Director granted approval of
a minor site plan for a 4-lot residential subdivision to be known as Childers Subdivision proposed
to be located at the west side of South 25th Street, approximately 165 feet south of the F.E.C. railroad
right-of-way. The associated final plat for this subdivision was received in the office of the
Community Development Director on February 26, 2001.
In accordance with the provisions of Section 11.03.03(D) of the SI. Lucie County Land
Development Code, you are hereby requested to approve the piat for the subdivision to be known
as Childers Subdivision. This plat was determined to meet all applicable provisions of the St. Lucie
County Land Development Code and Chapter 177, Florida Statutes on March 14,2001.
Please contact this office if you have any questions on this matter.
SUBMITTED:
f)~ ~ j()k6hW~vl
~a 1. Shewchu!<:, AICP
Community Development Director
cc: Ron Harris, County Surveyor
Dan McIntyre, County Attorney
John G, Albritton, PSM
File
\
)(
""
AGENDA REQUEST
"'frEM NO. C-S;
DATE: March 20, 2001
REGULAR [ ]
PUBLIC HEARING [ ]
CONSENT [ X ]
TO: Board of County Commissioners
PRESENTED BY:
SUBMITTED BY(DEPT): County Attorney
Heather Young
Assistant County Attorney
SUBJECT: Treasure Coast Archers - Facilities Use Agreement
BACKGROUND: See attached memorandum CA 01-407
FUNDS AVAILABLE.:. N/A
PREVIOUS BOARD ACTION: N/ A
RECOMMEND A TION: Staff recommends that the Board of County Commissioners approve the
proposed Facilities Use Agreement with the Treasure Coast Archers and authorize the Chairman
to sign the agreement upon receipt of the signed originals from the club.
COMMISSION ACTION:
CONCURRENCE:
[x] APPROVED [] DENIED
[ ] OTHER:
9~~
Douglas Anderson
County Administrator
County Attorney:
fJ%
Review and Approvals
Management & Budget:
Purchasing:
Originating Dept.
Other:
Other:
Finance: (Check for Copy only, if opplicable): _
'-' ...",
INTER-OFFICE MEMORANDUM
ST. LUCIE COUNTY. FLORIDA
TO: Board of County Commissioners
FROM: Heather Young, Assistant County Attorney
C.A. NO: 01-403
DATE: March 15, 2001
SUBJECT: Treasure Coast Archers - Facilities Use Agreement
BACKGROUND:
Attached to this memorandum is a copy of a proposed Facilities Use Agreement
between the County and the Treasure Coast Archers. Pursuant to the Agreement, the
club will be permitted to use a portion of the property adjacent to the Cooperative
Extension offices for club activities. In addition, the club will be providing archery
instruction to 4-H Club members. The initial term of the agreement will be for one year
and may be renewed upon agreement of the parties. The club will be required to carry
insurance naming the County, the Board of Regents and the University of Florida as
additional named insureds and obtain releases from all persons using the site pursuant
to the agreement.
CONCLUSION/RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve the proposed
Facilities Use Agreement with the Treasure Coast Archers and authorize the Chairman
to sign the agreement upon receipt of the signed originals from the club.
Respectfully submitted,
~\ y{'L1-It)!ch
(
Heather Young
Assistant County Attorney
Attachment
HY/
Copies to:
County Administrator
Cooperative Extension Director
Deputy Clerk
'-'
'....I
USE AGREEl\ŒNT
ARTICLE 1
1.01 Parties: Term: This Use Agreement dated this day of ,2001,
is by and between the Board of County Commissioners of St. Lucie County, Florida (the
"County") and Treasure Coast Archers (the "Club"). The County hereby grants to the Club for
a term of one (1) year, beginning on the date fIrst written above, (the "Date of Execution"), the
right to use the Site described in Article 2.01 hereof for 4-H instruction, Club meetings, target
practice by Club members, and archery tournaments. The Club shall not use the Site to conduct
archery tournaments or other special events without the prior written consent of the St. Lucie
County Cooperative Extension Director (the "Director"). The Club shall obtain written releases
in a form acceptable to the County from any person, including rrllnors, who use the site pursuant
to this Agreement. The original release shall be submitted to the Director.
1.02 Public Benefit: The County desires to provide archery instruction to local youth
participating in the 4-H Program administered by the St. Lucie County Cooperative Department.
Pursuant to this Agreement, the Club and its members will provide such instruction. In addition,
the site will serve a as facility for archery tournaments conducted by the Club.
1.03 Ootion to Renew: Upon prior mutual written consent of the parties, this Agreement
may be renewed for additional one year terms subject to the same terms and conditions as herein
provided.
ARTICLE 2
2.01 Site Description: The Site subject to this Use Agreement is described in the
attached Exhibit "A".
2.02 Hours of Use: The Club's use of the Site, including use by individual Club
members, shall be limited to between the hours of 8:00 a.m. and 5:00 p.m., except when the Site
is required for County purposes. The Club shall provide archery instruction for 4-H Club
members at such times as agreed upon with the Director or her designee. The Club shall provide
the Director or her designee with a schedule prior to commencement of its use of the Site and shall
notify the Director or her designee in writing of any schedule changes at least forty-eight (48)
hours prior to the schedule change, and the implementation of such schedule change shall be
subject to the prior approval of the Director.
ARTICLE 3
3.01 Minimum Guarantee: The Club shall pay a minimum annual payment of one and
-1-
'-'
....,
00/100 dollars ($1.00) to the County until such time as the use rates for the Site are adjusted as
provided herein. Said payment shall be due within ten (10) days after the date the County certifies
that the Site, described in Article 2.01 hereof, is available for the Club's intended beneficial use
and occupancy, and payable thereafter on or before February 1st without billing.
3.02 Pavrnent Rate Review: In the event the term is extended, the guaranteed payment
rate(s) stated herein shall be subject to fair and non-discriminatory review and adjustment prior
to the end of the first three (3) year period and annually thereafter if the term is extended. When
such payment rates are established and approved by appropriate action of the Board of County
Commissioners, this Agreement shall be considered amended, upon written notification by the
County to the Club of the establishment of the said payment rate(s) applicable to the Site.
3.03 Sales Tax: The Club shall be liable for the prevailing State of Florida Sales and
Use Tax imposed on payment (currently at the rate of6%) on the amounts payable to the County
under this Agreement. This Sales and Use tax. shall be payable to the County which in turn will
remit same, less authorized handling deductions, to the State.
3.05 Pavrnent of Fees: The Club shall pay all fees and charges required by this
Agreement to the following:
St. Lucie County Board of County Commissioners
Finance Department
2300 Virginia Avenue
Fort Pierce, Florida 33482
ARTICLE 4
4.01 Assil!DIllent. Leasin¡,! and Successors in Interest: The Club shall not lease the
Site in whole or any part, nor assign this Agreement to any other persons or firm without first
obtaining County's written approval.
It is covenanted and agreed that all covenants, conditions, agreements and
undertakings contained in this Agreement shall extend to and be binding on the respective
successors and assignees accepted by the County.
ARTICLE 5
5.01 Maintenance Resnonsibilities: Annearance of Facilities: The Club shall, at its
sole cost and expense, be responsible for set up, take down, and removal of any equipment required
for its use of the Site. The Club shall post no signs on the site except notice of special events which
may be posted no more than seven (7) days prior to the event and shall be removed within twenty-
four (24) hours of the conclusion of the event. The Club shall remove all target frames from the site
when not in use by the Club. In the altemative, the Club may store the target frames in a utility
-2-
--
-'
irailer on the site, subject to the prior approval of the Director. The County shall provide the Club
with a key to the restroom facilities on site. Except as otherwise provided herein, the County shall
be responsible for the maintenance of the Site.
5.02 Dama!!es: The Club shall repair all damage to the Site caused by the Club, its
employees, agents, members, invitees, or independent coniractors. The Club shall promptly report
any damage to the Site to the Director.
ARTICLE 6
6.01 Ouiet Eniovrnent of Prooertv: The County covenants and agrees that so long as
no default exists in the performance of the covenants and agreements contained herein, the Club
shall peaceably and quietly hold and enjoy the Site and all parts thereof free from eviction or
disturbance by the County.
ARTICLE 7
7.01 Indemnification bv Club: The Club does hereby agree and covenants to defend
fully, protect, indemnify and hold hannless the County, the Board of Regents and the University
of Florida from and against each and every claim, demand or cause of action and any and all
liability, cost, expense (including but not limited to reasonable attorneys' fees, costs and expenses
incurred in defense of the County, the Board of Regents and the University of Florida even if
incident to appellate, post-judgment or bankruptcy proceedings), damages or loss in connection
therewith, which may be made or asserted by the Club, the Club's employees or members, agents,
invitees or any third parties (including but not limited to the County, the Board of Regents and the
University of Florida) on account of personal injury, death, damage or property damage caused
by, arising out of or in any way incidental to or in connection with the Club's use of the Site. At
the election of the County, the Board of Regents and/or the University of Florida, the Club shall
contest and defend the County, the Board of Regents and/or the University of Florida against any
such claims ofliability against the County, the Board of Regents and/or the University of Florida.
The County shall in any event, have the right, through counsel of its choice, to control the defense
or response to any such claim to the extent it could affect the County, the Board of Regents and/or
the University of Florida financially. Only those matters which are determined by a final,
nonappealable judgment to be the result of the negligence of the County, the Board of Regents
and/or the University of Florida or the negligence of a third party who is not an agent, employee,
invitee, or subcontractor of the Club shall be excluded from the Club's duty to indemnify the
County, the Board of Regents and/or the University of Florida, but only to the extent of
negligence of the County or such third party. For the purpose of this section, the term "County"
shall be deemed to include the Board of County Commissioners and its agents, employees and
affiliates. For purposes of this indemnification, "claims" shall mean and include all obligations,
actual and consequential damages and costs reasonably incurred in the defense of any claim against
the County, the Board of Regents and/or the University of Florida including, but not limited to
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attorneys' and expert witness fees, costs of investigation and proof of facts, court costs, other
litigation expenses, and travel and living expenses. The County, the Board of Regents and/or the
University of Florida shall have the right to defend any such claim against it in such manner as
the County, the Board of Regents and/or the University of Florida deems appropriate or desirable
in its sole discretion.
7.02 Indemnification bv County: To the extent permitted by law, the County does
hereby agree and covenants to defend fully, protect, indemnify and hold harmless the Board of
Regents and/or the University of Florida from and against each and every claim, demand or cause
of action and any and all liability , cost, expense (including but not limited to reasonable attorneys'
fees, costs and expenses incurred in defense of the Board of Regents and/or the University of
Florida even if incident to appellate, post-judgment or bankruptcy proceedings), damages or loss
in connection therewith, which may be made or asserted by the County, the County's employees
or members, agents, invitees or any third parties (including but not limited to the Board of Regents
and the University of Florida) on account of personal injury, death, damage or property damage
caused by, arising out of or in any way incidental to or in connection with the County's use of the
Site. At the election of the Board of Regents and/or the University of Florida, the County shall
contest and defend the Board of Regents and/or the University of Florida against any such claims
of liability against the Board of Regents and/or the University of Florida. The Board of Regents
and/or the University of Florida shall in any event, have the right, through counsel of its choice,
to control the defense or response to any such claim to the extent it could affect the Board of
Regents and/or the University of Florida financially. Only those matters which are determined
by a final, nonappealable judgment to be the result of the negligence of the Board of Regents
and/or the University of Florida or the negligence of a third party who is not an agent, employee,
invitee, or subcontractor of the County shall be excluded from the County's duty to indemnify the
Board of Regents and/or the University of Florida, but only to the extent of negligence of the
Board of Regents and/or the University of Florida or such third party. For the purpose of this
section, the term "County" shall be deemed to include the Board of County Commissioners and
its agents, employees and affiliates. For purposes of this indemnification, "claims" shall mean and
include all obligations, actual and consequential damages and costs reasonably incurred in the
defense of any claim against the Board of Regents and/or the University of Florida including, but
not limited to attorneys' and expert witness fees, costs of investigation and proof of facts, court
costs, other litigation expenses, and travel and living expenses. The Board of Regents and/or the
University of Florida shall have the right to defend any such claim against it in such manner as
the Board of Regents and/or the University of Florida deems appropriate or desirable in its sole
discretion.
ARTICLE 8
8.01 Liabilitv for Damaee or Iniurv: The County shall not be liable for any damage
or injury which may be sustained by any party or persons on the Site other than the damage or
injury caused solely by the negligence of the County.
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ARTICLE 9
9.01 Inl!ress and El!I"ess: Subject to rules, regulations, statutes and ordinances
governing the use of the facilities, the Club, its members, agents and servants, patrons and
invitees, and its suppliers of service and furnishers of materials, shall have the right of ingress and
egress to and from the Site.
ARTICLE 10
10.01 Insurance: The Club shall maintain the following insurance during the term of
this Agreement:
A. General Liability Insurance - The Club shall provide Commercial General Liability
Insurance written on an occurrence basis, including product liability/completed operations,
contractual liability, fire legal liability for a limit of at least one Million and no/ 1 00 dollars
($1,000,000.00), combined single limit for bodily injury, illness and property damage. The Club
shall also provide Coverage B (personal Injury), written at a sub-limit of at least One Hundred
Thousand and no/lOO dollars and Coverage C (Medical Payments) of at least Five Thousand and
no/loo dollars ($5,000.00) per person and Twenty Five Thousand and no/100 dollars
($25,000.00) per occurrence. The County, the Board of Regents and the University of Florida
shall be named as an additional named insureds under all of the above policies.
B. The County shall maintain and keep in force property insurance on the Site. The Club
shall be responsible for keeping in force fire and extended coverage on all their own contents,
improvements and betterments.
The insurance required shall include those classifications as listed in Standard Liability
Insurance Manuals, which most nearly reflect the operations of the Club under this Agreement.
All insurance policies and surety bonds required under this Agreement shall be issued by
companies authorized to do business under the laws of the State of Florida, with the following
qualifications as to management and financial strength:
The Company must be no less than "A" as to general policy holders rating, and no less
than "X" as to fmancial rating, in accordance with the latest edition of Best's Key Rating Guide,
published by A.M. Best Company, Inc.
The Club shall furnish Certificates of Insurance to the County, the Board of Regents and
the University of Florida at least fifteen (15) days prior to the commencement of operations, which
Certificates shall clearly indicate that the Club has obtained insurance in the type, amount and
classifications as required for strict compliance of the insurance provisions of this section.
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The County reserves the right to reasonably amend the insurance requirements by the
issuance of notice in writing to the Club.
ARTICLE 11
11.01 Termination: Either party may terminate this agreement with or without cause
upon thirty (30) days prior written notice to the other party.
ARTICLE 12
12.01 Non-discrimination:
A. The Club for itself, its personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant and agrees that:
1. No person on the grounds of race, color, national origin or sex shall be
excluded from participation in, be denied the benefits of, or be otherwise subjected
to discrimination in the Site.
2. In the construction of any improvements on, over, or under such land and
the furnishing of services thereon, no person on the grounds of race, color, national
origin or sex shall be excluded from participation in, be denied the benefits of, or
otherwise be subjected to discrimination.
B. In the event of breach of any of the above non-discrimination covenants, the
County shall have the right to terminate the Agreement.
C. The Club shall not discriminate against any employee or applicant for
employment to be employed in the performance of the contract with respect to hiring, tenure,
terms, conditions or privileges of employment, or any matter directly or indirectly related to
employment because of age, sex or physical handicap (except where based on a bonafide
occupational qualification); or because of marital status, race, color, religion, national origin or
ancestry .
ARTICLE 13
13.01 Rules and Re~lations: The Club will observe, obey and comply with all rules and
regulations adopted by the County and all laws, ordinances and/or rules and regulations of other
governmental units and agencies having lawful jurisdiction, which may be applicable to the Club's
operations under this Agreement.
ARTICLE 14
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14.01 Payment of Oblil!:ations: The Club shall pay all taxes, utility charges and other
costs lawfully assessed against its interests in the Site, its improvements and its operations under
this Agreement.
ARTICLE 15
15.01 Insoection bv Countv: The County may make periodic inspections of all of the
Site and equipment to determine if such are being maintained in a neat and orderly condition.
Such periodic inspections may also be made to determine whether the Club is operating in
compliance with the terms and provisions of this Agreement.
ARTICLE 16
16.01 Indul~ence Not Waiver: The indulgence of either party with regard to any breach
or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver
of the provision or any portion of this Agreement either at the time the breach or failure occurs
or at any time throughout the term of this Agreement.
ARTICLE 17
17.01 Notices: Any notices submitted or required by this Agreement shall be sent by
registered or certified mail and addressed to the parties as follows:
To the County:
St. Lucie County Administrator
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
St. Lucie County Attorney
2300 Virginia Avenue
Administration Annex
Fort Pierce, Florida 34982
To the Club:
Treasure Coast Archers
ISOO Picos Road
Fort Pierce, Florida 34981
or to such other address as either party may designate in writing.
17.02 Interpretation: Venue: This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof and supersedes all prior verbal or
written agreements between the parties with respect thereto. This Agreement may only be
amended by written document, properly authorized, executed and delivered by both parties hereto.
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This Agreement shall be interpreted as a whole unit and section headings are for convenience only.
All interpretations shall be governed by the laws of the State of Florida. In the event it is
necessary for either party to initiate legal action regarding this Agreement, venue shall be in the
Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the
Southern District of Florida for any claims which are justiciable in Federal Court.
17.03 Mediation: In the event of a dispute between the parties in connection with this
Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding
mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of
certified mediators available from the Clerk of Court for St. Lucie County. The fee of the
mediator shall be shared equally by the parties. To the extent allowed by law, the mediation
process shall be confidential and the results of the mediation or any testimony or argument
introduced at the mediation shall not be admissible as evidence in any subsequent proceeding
concerning the disputed issue.
17.04 Attornevs' Fees and Costs: In the event of any dispute concerning the terms and
conditions of this Agreement or in the event of any action by any party to this Agreement to
judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising
in any manner from this Agreement, subjectto the provisions of Section 768.28, Florida Statutes
and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the
prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but
not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal
assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be
brought or not, and whether any settlement shall be entered in any declaratory action, at trial or
on appeal. The liability of the Club and its surety or sureties, if any, for such fees and costs is
joint and several
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
ATTEST:
BY:
Deputy Clerk
Chairman
APPROVED AS TO FORM AND
CORRECTNESS:
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WITNESSES:
g: \agreemnts \fac-use \tc. archers. wpd
BY:
'wtI
County Attorney
TREASURE COAST ARCHERS
BY:
NAME:
TITLE:
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