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HomeMy WebLinkAboutAgenda Packet 03-06-01MARCH 6, 2001 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine 'and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. `.. '"d BOARD OF COUNTY COMMISSIONERS www.stlucieco.gOV N • • pR�pP John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District District 4 District 5 Comp Plan Public Hearing 4:00pm to 6:00pm AGENDA March 6, 2001 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held February 27, 2001. C e& PROCLAMATION/PRESENTATION Resolution No. 01-72- Congratulating the New York Mets on winning the 2000 National Baseball League Championship, Welcoming the New York Mets back to St. Lucie County, and Proclaiming March 6, 2001 as "New York Mets 2000 National Baseball League Champions Day" in St. Lucie County, Florida. APpOOM 3. GENERAL PUBLIC COMMENT PUBLIC HEARINGS COUNTY ATTORNEY 5A. Resolution No. 01-71 / Abandonment / Private Drainage and Access Easement / Eventide Unit Two Subdivision - Consider staff recommendation to approve the resolution, instruct staff to publish the final Notice of Abandonment, and record the resolution, Proof of Publication of the Notice of Intent to Abandon, Proof of -- Publication of the Notice of Public Hearing, and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. pro A— N 'cal1y y c�tiDo to en by ted,he Boardsat these me tings will oeedta record of the pdroceed,ngps nd fo such Purpose may need a ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedingQs, individuals testifying during a hearing will be sworII m. Any party to the proceedings will be granted.tLe nd t opportunity tocross-examine an individual testifgying during a hearing upon request. Atynyone with a disability MquAroeg9t 15611 462 1777tor TDeD (5h1) ra I at less t fo ly-eight(48) hours prior fo themmeetiIIg. Services REGULAR AGENDA MARCH 6, 2001 PAGE TWO PUBLIC HEARINGS CONTINUED PUBLIC WORKS 5B. Engineering / Howard Baggett Mining Permit Renewal - Consider staff recommendation to approve the request for a Class 1 miring permit for 6 years, to be updated every 48 months subject to eleven (1V cited conditions. COMMUNITY DEVELOPMENT r�(p1n 5C. Resolution No. 01-010/Quasi-judicial / Westchester Development Company - Consider staff recommendation to approve the resolution, subject to the cited conditions contained therein, granting preliminary PUD (Planned Unit Development) approval for property located on the north side of Gatlin Boulevard immediately west of the I-95 Interchange, approximately one mile west of the intersection of Gatlin Boulevard and Brescia Street, from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (P ed Unit Development) Zoning District. 5D. Resolution No. Ol 011/ uasl udicial / Westchester Development Company - Consider staff recommendation to approve the resolution, subject to the cited conditions contained therein, granting preliminary PMUD (Planned Mixed Use Development) approval for property located on the north side of Gatlin Boulevard immediately west of the I-95 Interchange, approximately one mile west of the intersection of Gatlin Boulevard and Brescip Street. AVPr End of Public Hearings COMMUNITY DEVELOPMENT Selection of a Consultant for 2001 Community Development Block Grant (CDBG) Administration and Proposal Writing - Pursuant to state requirements outlined in the Small Cities Community Development Block Grant Program and St. Lucie County Purchasing Manual, staff recommends the Board rank the three firms, selecting the firm with the lowest score. ``W v REGULAR AGENDA MARCH 6, 2001 PAGE THREE 7. PUBLIC SAFETY Combining the Animal Control Efforts of St. Lucie County and the City of Fort Pierce - Consider staff recommendation to grant permission for staff to discuss consolidation of Animal Control between St. Lucie County and the City of Fort Pierce. V rr,, ` � , I Vt*j jib cow .Ar k ryi d Contco L rioojion w 11 he�ul�e,�l CONSENT AGENDA March 6. 2001 1. WARRANTS LIST Approve warrants list No. 22 2. LEISURE SERVICES A. Queen's Island Preserve / Application for Grant Funds from the US Fish & Wildlife Service's South. Florida Coastal Ecosystem Program - Consider staff recommendation to authorize staff to apply for grant funds. B. Blind Creek Park / Application for Grant Funds from the US Fish & Wildlife Service's South Florida Coastal Ecosystem Program - Consider staff recommendation to authorize staff to apply for grant funds. COUNTY ATTORNEY A. Interlocal Agreement between St. Lucie County and St. Lucie West Services District Providing for the Use of the County's Landfill - Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. B. Emergency Debris Removal Contract / Phillips & Jordan, Inc. - Consider staff recommendation to approve the contract and authorize the Chairman to sign the contract. C. Permission to Advertise Notice of Intent / Right -of -Way Abandonment / South 2S`h Street Phase II / St. James Drive / Florida Power and Light Crossing - Consider staff recommendation to grant permission to advertise the Notice of Intent to Abandon, authorize the Chairman to execute the Abandonment Petition, and proceed with the Abandonment Petition. D. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 90-1724 - Consider staff recommendation to authorize the Chairman to sign the Partial Release of Lien. 4. UTILITIES A. South Florida Water Management District Alternative Water Supply Funding Program Grant Application - Consider staff recommendation to authorize submission of the grant to construct a reuse water main on North Hutchinson Island, and authorize the County Administrator to sign all documents. _-_B, _ -- _.Bid No. 01-007 / Holiday Pines Wastewater Treatment Plant Settling Tank pp� Rehabilitation Consider staff recommendation to award the bid to l n � Hutchinson Utilities Service Corp., the low bidder, in the amount of $63,362. `. ..r CONSENT AGENDA MARCH 6, 2001 PAGE TWO Bid No. 01-021 / Apron Construction Project - Consider staff recommendation to reject all bids and authorize staff to rebid the project. `w AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ,-MOO ITEM NO. C 6-1 DATE: March 6, 2001 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney 5UB CT: Children's Services Council -Special Designation Grant Contracts BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the three (3) Special Designation Grant Contracts and authorize the Chairman to sign the Contracts. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: County Attorney: /- CONCURRENCE* D glas Anderson County Administrator Review and Approvals Management & Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for Copy only, if applicable) Eff. 5196 \r "' INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney C.A. NO. 01-313 DATE: March 1, 2001 SUBJECT: Children's Services Council - Special Designation Grant Contracts BACKGROUND: On February 6, 2001, the Board granted permission to apply for three (3) Children's Services Council (C5C) grants. The Board also approved the use of $5,366.86 from Park"A" Impact Fees as matching funds. Attached to this memorandum are the three (3) Special Designation Grant Contracts: (1) Soccer goals for Lakewood Park Elementary (C5C grant - $1,600); (2) Batting cage with two (2) softball pitching machines for Lawnwood Stadium (CSC grant - $7,300); and, (3) Classroom furnishings for the Smithsonian Marine Ecosystems Exhibit (CSCgrant- $7,900) RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the three (3) Grant Contracts and authorize the Chairman to sign the Contracts. ly submitted Daniel S. McIntyre County Attorney D5M/caf Attachments AGREEMENT FOR CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY SPECIAL DESIGNATIONS GRANT THIS AGREEMENT made as of this 8" day of February, 2001, by and between the CHILDREN' S SERVICES COUNCIL OF ST. LUCIE COUNTY, an independent special taxing district for the State of Florida, whose address is 250 NW Country Club Drive, Suite 240, Port St. Lucie, FL 34986, hereinafter referred to as COUNCIL, and BOARD OF COUNTY CONMSSIONERS, hereinafter referred to as the PROVIDER, whose address is 2300 VIRGR4 A AVENUE, FORT PIERCE, FLORIDA 34982-5652. WHEREAS, the PROVIDER is a qualified provider whose application for Special Designations funds has been accepted by the COUNCIL; and WHEREAS, the COUNCIL has determined that it is in the best interest of the children of St. Lucie County to enter into this Agreement with the PROVIDER. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. PROVIDER agrees to provide for Capital Improvements (two batting cages with pitching machines) as set forth in their proposal to the COUNCIL, a copy of which is on file with the Council. 2. COUNCIL agrees to pay PROVIDER an amount not to exceed $7,300 for said Capital Improvements as set forth in Provider's proposal. PROVIDER will submit receipts for the expenditure of the $7,300. 3. PROVIDER agrees to comply with the provisions set forth below: i. The project will be completed by August 1, 2001 and reimbursement request submitted with documentation by September 15, 2001. ii. The project and any purchase of related goods or services is being accomplished with use of tax -payer funds and therefore requires ..i PROVIDER to document all expenditures to show reasonable and effective use of these funds. iii. A narrative description on the completion and success of the project including demographics on usage by children and families where appropriate. iv. Any Capital Improvements projects must remain in active intended use for five years per CSC guidelines or funding will be reimbursed to CSC. V. Any equipment obtained under this Special Designation funding must remain in active intended use for two years per CSC guidelines or returned to CSC for use with other funded programs. vi. Any acknowledgments or press releases regarding this project will include mention of the support of the Children's Services Council of St. Lucie County and use of CSC logo whenever possible. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CHILDREN'S SERVICES COUNCIL BOARD OF COUNTY OF ST. LUCIE COUNTY COMMISSIONERS Kathryn Basile, Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY I� Glen J. Torcivia, Attorney M Douglas M. Anderson, County Administrator *.r AGREEMENT FOR CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY SPECIAL DESIGNATIONS GRANT THIS AGREEMENT made as of this 8' day of February, 2001, by and between the CHILDREN' S SERVICES COUNCIL OF ST. LUCIE COUNTY, an independent special taxing district for the State of Florida, whose address is 250 NW Country Club Drive, Suite 240, Port St. Lucie, FL 34986, hereinafter referred to as COUNCIL, and BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the PROVIDER, whose address is 2300 VIRGINIA AVENUE, FORT PIERCE, FLORIDA 34982-5652. WHEREAS, the PROVIDER is a qualified provider whose application for Special Designations funds has been accepted by the COUNCIL; and WHEREAS, the COUNCIL has determined that it is in the best interest of the children of St. Lucie County to enter into this Agreement with the PROVIDER. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. PROVIDER agrees to provide for purchase of Special Equipment (set of soccer goals) as set forth in their proposal to the COUNCIL, a copy of which is on file with the Council. 2. COUNCIL agrees to pay PROVIDER an amount not to exceed $1,600 for said purchase of Special Equipment as set forth in Provider's proposal. PROVIDER will submit receipts for the expenditure of the $1,600. 3. PROVIDER agrees to comply with the provisions set forth below: i. The project will be completed by August 1, 2001 and reimbursement request submitted with documentation by September 15, 2001. The project and any purchase of related goods or services is being accomplished with use of tax -payer funds and therefore requires PROVIDER to document all expenditures to show reasonable and effective use of these funds. M iii. A narrative description on the completion and success of the project including demographics on usage by children and families where appropriate. iv. Any Capital Improvements projects must remain in active intended use for five years per CSC guidelines or funding will be reimbursed to CSC. V. Any equipment obtained under this Special Designation funding must remain in active intended use for two years per CSC guidelines or returned to CSC for use with other funded programs. vi. Any acknowledgments or press releases regarding this project will include mention of the support of the Children's Services Council of St. Lucie County and use of CSC logo whenever possible. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY MM Kathryn Basile, Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY MM Glen J, Tucivia, Attorney BOARD OF COUNTY COMMISSIONERS Douglas M. Anderson, County Administrator ..W AGREEMENT FOR CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY SPECIAL DESIGNATIONS GRANT THIS AGREEMENT made as of this 8' day of February, 2001, by and between the CHILDREN' S SERVICES COUNCIL OF ST. LUCIE COUNTY, an independent special taxing district for the State of Florida, whose address is 250 NW Country Club Drive, Suite 240, Port St. Lucie, FL 34986, hereinafter referred to as COUNCIL, and BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the PROVIDER, whose address is 2300 VIRGINIA AVENUE, FORT PIERCE, FLORIDA 34982-5652. WHEREAS, the PROVIDER is a qualified provider whose application for Special Designations funds has been accepted by the COUNCIL; and WHEREAS, the COUNCIL has determined that it is in the best interest of the children of St. Lucie County to enter into this Agreement with the PROVIDER. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties, intending to be legally bound, hereby agree as follows: 1. PROVIDER agrees to provide for purchase of Special Equipment ( furnish classroom at Marine EcoSystems Exhibit) as set forth in their proposal to the COUNCIL, a copy of which is on file with the Council. 2. COUNCIL agrees to pay PROVIDER an amount not to exceed $7,900 for said purchase of Special.Equipment as set forth in Provider's proposal. PROVIDER will submit receipts for the expenditure of the $7,900. 3. PROVIDER agrees to comply with the provisions set forth below: The project will be completed by August 1, 2001 and reimbursement request -- --- -- - submitted with documentation by September 15, 2001. ii. The project and any purchase of related goods or services is being accomplished with use of tax -payer funds and therefore requires PROVIDER to document all expenditures to show reasonable and effective Ikk.. use of these funds. iii. A narrative description on the completion and success of the project including demographics on usage by children and families where appropriate. iv. Any Capital Improvements projects must remain in active intended use for five years per CSC guidelines or funding will be reimbursed to CSC. V. Any equipment obtained under this Special Designation funding must remain in active intended use for two years per CSC guidelines or returned to CSC for use with other funded programs. vi. Any acknowledgments or press releases regarding this project will include mention of the support of the Children's Services Council of St. Lucie County and use of CSC logo whenever possible. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized officials. CHILDREN'S SERVICES COUNCIL OF ST. LUCIE COUNTY Kathryn Basile, Executive Director APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: - Glen J. Torcivia, Attorney BOARD OF COUNTY COMMISSIONERS Douglas M. Anderson, County Administrator ..i BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 27, 2001 Convened: 9:00 a.m. Tape: 1-2 Adjourned: 10:35 a.m. Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, Paula A. Lewis, John D. Bruhn, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Julia Shewchuk, Community Development Director, Paul Phillips, Airport Director, Ray Wazny, Public Works Director, Pete Keogh, Leisure Services Director, Dennis Wetzel, IT Director, Bill Blazak, Utilities Director, Jack Southard, Public Safety Director, Mike Bowers, Road and Bridge Manager, Marie Gouin, M & B Manager, Ruth Totten, Interim Purchasing Manager, Joe Finnegan, Risk Manager, Don West, County Engineer, Don Cole, Acquisitions Manager, Leo Cordeiro, Solid Waste Manager, Roger Shinn, Central Services Manager, Sonya Smith, PIO, Deputy Nickel; A. Millie Delgado, Deputy Clerk 1. MINUTES (1-023) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes of the meeting held February 20, 2001; and, upon roll call, motion carried unanimously. 2. PRESENTATIONS (1-0354) a) The Board presented a letter of appreciation to Tony Barnes, Northside Ball and Bat Club thanking them for their $5,000 donation towards the construction of two batting cages at Horatio Grisby Park. b) Budget Resolution No. 01-067 It was moved by Com. Bruhn, seconded by Com. Lewis, to accept the Northside Ball and Bat Club's donation and approve the budget resolution to appropriate and expend the funds; and, upon roll call, motion carried unanimously. 3. PUBLIC COMMENTS (1-092) Mr. Bob Bangert, Holiday Pines resident, addressed the Board regarding the request for a consultant for the airport item 7 on the agenda. Ms. Dorothy Davis, Spanish Lakes Country Club resident, and active birder, addressed the Board on a locked birding trail in the county. The Leisure Services Director addressed Ms. Davis' comments and advised the Board of the reason for that locked trail at this time. He advised the Board that as soon the OSHA standards are met, they will be opening the area. -1- r.. Mr. Ed McKay, Hutchinson Island resident, addressed the Board regarding a news release and FIGG construction of ojher bridges. Mr. Charles Grande, Hutchinson Island resident, addressed the Board as the representative of the Comp Plan Study Group and voiced their concerns with portions of the transportation element. Ms. Jean Hearn, Tozier Road resident, addressed the Board regarding the Indrio Road trail and some stumps sticking out in the trail which could be dangerous to residents. 4. CONSENT AGENDA (1-0636) It was moved by Com. Coward, seconded by Com. Lewis, to approve the -Consent Agenda to include Additions A-1 and A-2; and, upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List No. 21. 2. LEISURE SERVICES A. RFP No. 01-019- Snack Vending for St. Lucie County Municipal Buildings- The Board approved awarding the RFP to Lance, Inc., the No. 1 ranked proposer, and authorized staff to negotiate a contract. In the event that negotiations are unsuccessful with Lance, the Board approved staff negotiating a contact with Bob's Vending Services, the No. 2 ranked proposer. B. Addendum to Interloal Agreement/Savannas Recreation Area- The Board approved the addendum to the Interlocal Agreement with the City of Ft. Pierce, and authorized the Chairman to sign the agreement. C. Award of Addendum 2 Bid No. 01-012/Lawnwood Maintenance Storage Buildings- The Board approved entering into a contract with Jim Wright Construction, and authorized the Chairman to sign the contract as prepared by the County Attorney. 3. PURCHASING A. Piggy Back City of Tallahassee's Bid for Whisper Chipper/ Equipment Request No. EQ01-092- The Board approved piggy backing the bid for a Whisper Chipper in the amount $22,995 from Vermeer SE Sales. B. Bid No. 01-23/Sale of Overhead Hoist/Public Works Solid Waste- The Board approved awarding the bid to Stanley Brown, Brad Regan, Inc. for the amount of $ 3,500. C. Permission to advertise for bids- The Baord approved advertising for bids for publication of the delinquent tax notices. D. Piggy back Martin County bid for Roadway Striping- The Board approved piggy backing the bid for Roadway Striping in the amount of $30,000 and authorized the Chairman to sign the contract as prepared by the County Attorney. 4. CENTRAL SERVICES Bid No. 01-01I/Moving Services- The Board approved rejecting all bids and granted permission to submit a new bid for Moving Services. -2- PUBLIC WORKS Solid WasteBalefill & Recycling Facility Project- The Board approved Change Order Number 1 to Adams Robinson in the amount of $242,999.59 for 49 additional days to provide a fire suppression sprinkler system and water main revisions, telephone; fiber optic cable additions, and unsuitable soil removal. 6. COUNTY ATTORNEY A. Region 20 WAGES Coalition/Community Service Work Experience Program Agreement- The Board approved the proposed Community Services Work Experience Program Agreement with the Region 20 WAGES Coalition and authorized the Chairman to sign the agreement. B. Dock Use Agreement/Downeast Sailing Adventures- The Board approved the agreement and authorized the Chairman to sign the agreement upon receipt of the signed originals from Downcast Sailing Adventures. C. Educational Facilities Impact Fees- The Board approved the Amended and Restated Interlocal Agreements with the City of Fort Pierce, Port St. Lucie and St. Lucie Village, and authorized the Chairman to sign the agreements. D. Software Maintenance Agreement/Graphic Computer Solutions- The Board approved the agreement and authorized the Chairman to sign the agreement. 7. INVESTMENT FOR THE FUTURE A. Bid No. 01-25- The Board approved awarding the bid for the 531s St. at Canal C-25 project for bridge repair and rehabilitation of existing bridge structure and roadway improvements to Sheltra & Son construction Company, Inc., the lowest bidder in the amount of $143,161.50 establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attorney. B. Bid No. 01-026- The Board approved awarding the bid for the Taylor Dairy Road over Canal C-25 project for bridge repair and rehabilitation of existing structure and roadway improvements to M & J Construction Company of Pinellas County, Inc. the lowest and complete bidder in the amount of $98,713.96 establish the project budget and authorize the Chairman to sign the contract as prepared by the County Attorney. C. Engineering/change order 1/Keen Road Bridge Replacement- the Board approved the change order in the amount of $8,463.79 for the Keen Road Bridge Replacement. 8. PUBLIC SAFETY Interlocal Agreement with St. Lucie County Fire District/E911 Dispatch- The Board approved the interlocal agreement and authorized the Chairman to sign the agreement. 9. MANAGEMENT/BUDGET A. Budget Resolution No. 01-46- The Board approved adopting the budget resolution to appropriate and expend the anticipated FRDAP South County Regional Stadium Grant passed through the City of Port St. Lucie, in the amount of $150,000. B. Budget Resolution No. 01-68- The Board approved adopting the budget resolution to appropriate and expend the anticipated $70,000 contribution from the City of Fort Pierce for the Smithsonian Marine Ecosystem Exhibit. -3- v., %0001 10. ADMINISTRATION Village Green Lease- The Board approved the third addendum to the shopping center lease with Finova Capital Corporation for the period of February 1, 2002 to January 2003 for the Village Green Property. Com. Coward requested staff put this issue on the fast track. The County Administrator advised the Board that they had located a site across from Fire Station # 12 and are presently in the due -diligence process and will return to the Board with information within 60 days. ADDITIONS COUNTY ATTORNEY CA-1 RFP No. 01-020 (Janitorial Services) Bid Protest by R & R Corporate Systems, Inc., - The Board approved rejecting all proposals submitted in response to RFP No. 01-020 and authorized staff to re -advertise the RFP. CA-2 Midway Industrial Park/Release of Letter of Credit- The Board approved the release of the Letter of Credit in favor of the Developers of Midway Industrial Park. REGULAR AGENDA 5. PUBLIC WORKS(1-1353) A. Engineering/Resolution No. 01-044-Oleander Business Park MSBU- Consider staff recommendation to approve the resolution stating the county's intent to use the uniform method of collecting non -ad valorem special assessments for the Oleander Business Park MSBU. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 01-44; and, upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (1-1432) A. Indian River Estates Stormwater Retention Project/Contract for Sale and Purchase/Friedel Parcel- Consider staff recommendation to approve the Contract for Sale and Purchase, authorize the Chairman to execute the agreement and direct staff to close the transaction and record the document in the Public Records of St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Lewis, to approve staff recommendation; and, upon roll call, motion carried unanimously. B. Resolution No. 01-70- Consider staff recommendation to approve the resolution supporting the Florida Public Service Commission petition to the Federal Communication Commission., It was moved by Com. Barnes, seconded by Com. Bruhn, to approve Resolution No. 01-70; and, upon roll call, motion carried unanimously. AIRPORT (1-1622) Interlocal Agreement/St. Lucie County and the City of Vero Beach- Consider staff recommendation to approve the Interlocal Agreement to hire a consultant in Washington, D.C. -4- 'r✓ for the purpose of persuading the Federal Government to install, operate, and maintain an ASR- 11 radar facility on the Treasure Coast which will serve at a minimum St. Lucie County International Airport and Vero Beach Airport, for a total price of $4,000 per month plus expenses, not to exceed $250. per month. The airport would be responsible for 50% of the monthly cost with a maximum local share of $27,000 over 12 months. sk Com. Coward stated he felt we have plenty of staff who have the capability to meet with legislators to find out their current position which he does not feel has been done and if there was a change we had the support from our legislators and needed additional help he would feel more comfortable. He felt he does not have enough information as to the position of our legislators and he is not sure this is money well spent. It was moved by Com. Bruhn, seconded by Com. Lewis to approve staff recommendation; and, upon roll call, the vote was as follows: Nay: Coward, Aye's: Bames, Lewis, Bruhn, Hutchinson, motion carried by a vote of 4 to 1. ADMIMSTRATION Bi Weekly Committee Reports - The Board gave updates on the various committees and advisory boards they serve on. BOARD COMMENTS Com. Barnes commented on the need for more parks in the county and suggested the possibility of a voter referendum to tax themselves in order to provide the funds for regional parks/recreation with maintenance included in the bond issue. Com. Coward concurred, and commented on the needs assessment which was discussed at the Strategic Planning Session and the needed staff. He also stated that if the Board could get more detail about the needs assessment and what has come out of that. They could then have an estimate of the dollars needed for both the construction of the facilities and on going costs. This would assist the Board in closing in on what alternative funding source would be appropriate. Com. Barnes concurred and stated he was aware that they could not increase the parks and recreation without increasing staff and this is why the cost should be included in the bond issue. An evening workshop was suggested to discuss the issue. There being no further business to be brought before the Board the meeting was adjourned. Clerk of Circuit Court -5- Chairman %NW 1..r AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. ;Z DATE: March 6, 2001 REGULAR[X] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 01-72 - Congratulating the New York Mets on winning the 2000 National Baseball League Championship; Welcoming the New York Mets back to St. Lucie County; and Proclaiming March 6, 2001, as NEW YORK METS - 2000 NATIONAL BASEBALL LEAGUE CHAMPIONS DAY" in St. Lucie County, Florida. BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 01-72 as drafted. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: County Attorney: '" Review and Approvals Management & Budget Purchasing Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5196 %W M RESOLUTION NO. 01-72 A RESOLUTION CONGRATULATING THE NEW YORK METS ON WINNING THE 2000 NATIONAL BASEBALL LEAGUE CHAMPIONSHIP; WELCOMING THE NEW YORK METS BACK TO ST. LUCIE COUNTY; AND PROCLAIMING MARCH 6, 2001, AS "NEW YORK METS - 2000 NATIONAL BASEBALL LEAGUE CHAMPIONS DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On March 1, 2001, the New York Mets Qrganization brought the New York Mets back to St. Lucie County for the commencement of Spring Training 2001. 2. This Board desires to congratulate the New York Mets on winning the 2000 National Baseball League Championship, and further, desires to welcome them back to St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby congratulate the New York Mets on winning the 2000 National Baseball League Championship; further welcomes the New York Mets back to St. Lucie County; and proclaims March 6, 2001 as "NEW YORK METS - 2000 NATIONAL BASEBALL LEAGUE CHAMPIONS DAY" in St. Lucie County, Florida. 2. The County Administrator is hereby directed to forward a copy of this resolution to the New York Mets Organization in order to congratulate and welcome the New York Mets back to St. Lucie County for Spring Training 2001. PASSED AND DULY ADOPTED this 6" day of March, 2001. rn ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY M„r .pr AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 5A DATE: March 6. 2001 REGULAR[] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Public Hearing Abandonment - Private Drainage and Access Easement Eventide - Unit Two Subdivision Resolution No. 01-71 BACKGROUND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: February 6, 2001 - Request Permission to Advertise the Notice of Public Hearing RECOMMENDATION: Staff recommends the Board approve Resolution No. 01-71, instruct staff to publish the final Notice of Abandonment, and record Resolution No. 01-71, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [X] APPROVED [ ] DENIED [ ] OTHER: „ [xx] County Attorney: [xx] Originating Dept.: Finance: (Check for Copy only, if applicable) CONCURRENCE: Administrator Review and Approvals [xx] Public Works: [xx] County Engineer. [ ] Comm. Dev.: [ ] Road & Bridge: Eff. 5/96 G:VACOIW RJoAnn\AbandonmentstEventide13601 Agenda.wpd ,*a PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Donald G. Cole, Property Acquisition Manager DATE: March 6, 2001 SUBJECT: Public Hearing Abandonment - Private Drainage and Access Easement Eventide - Unit Two Subdivision Resolution No. 01-71 The Property Acquisition Division received a request to abandon a private drainage and access easement on a portion of Lot 8, Eventide - Unit Two from Beatrice Corace, President of Eventide Place Property Owners Association, Inc. Eventide - Unit One was platted in November of 1990 as a seven (7) lot subdivision with Tract "A" set aside for future development. Eventide - Unit Two, a replat of Tract "A", was platted in May of 1994 as a ten (10) lot subdivision. The purpose of this Abandonment is to allow the development of Lot 8, Eventide - Unit Two as a home site. The drainage and access easement on Lot 8 is no longer required as the cul-de-sac does not exist on the replat of Tract A. A Notice of Intent to Abandon was advertised on January 17 and 24, 2001, and no objections were filed. All relevant public utilities have given written consent to the proposed abandonment. County Department staff members have reviewed the petition and have filed no objections to the proposed abandonment. All abutting property owners have consented to the proposed abandonment. On February 6, 2001, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on March 6, 2001. On February 10, 2001, a Notice of Public Hearing was advertised in The News (copy attached). 1%r 1.4 Page 2 Abandonment - Private Drainage and Access Easement Eventide - Unit Two Subdivision RECOMMENDATION: Staff recommends the Board approve Resolution No. 01-71, instruct staff to publish the final Notice of Abandonment, and record Resolution No. 01-71, Proof of Publication of the Notice of Intent to Abandon, Proof of Publication of the Notice of Public Hearing, Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. Respectfully submitted, Donald G. Cole Property Acquisition Manager G:\ACQ\WP\JoAnn\Abandonments\Eventide\3601 Memo.wpd %%W v /—/ a u ie a o / — — — — l / IL 0� --tVL `\ \ _ _ _ Gf'/V . Ch Sm.—Nb2*56'19"E 0.b3 - t-9— — — — 7, — for-63-04— arg- gZ249-56"W — .� �`fxistin9_D ain SO- / / / ! / / / / I ! r r / / r I PmpwWFw Eventide Property Owners Association, Inc. Idable Area txwsung 15' D.E. & L.A.E. p 10, u �A# --- of e p = 68"16'58 R = 58.88' L = 51.75 ' w ate/' NR. Iyaadit 00NALzvm-PL4 r Am-&fiWT" P a am Ima 4Wf, Fps .Ad NOTICE OF PUBLIC HEARING MARCH 69 2001 TO WHOM IT MAY CONCERN: You will take notice that in accordance with the - provisions of Sections 177.101, 336.09 and 335,10, Florida Statutes, as amended, and the St. Lucie County Land Development Code, Section 11.10.01 at. seq., a public hearing will be held by the St. Lucie County Board of County Commissioners, in the County Commission Chambers, 3rd floor of the Roger Poitras Administration An0ex, 2300 Virginia Avenue, Fort Pierce, Florida, on March 6, 2001, at 7:00 P.M, or as soon thereafter as practicable, on the petition of Beatrice Corace, to close, vacate and abandon a private drainage and access easement on a. portion of Lot 8, Eventide - Unit Two, St. Lucie County, Florida, being more particularly described as follows: A PARCEL OF LAND, LYING IN LOT 8, EVENTIDE - UNIT TWO, AS RECORDED IN PLAT BOOK 34, PAGE 5A OF THE PUBLIC RECORDS OF ST. - LUCIE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 8, THENCE S 56" 34' 44" E FOR 57.75 FEET TO THE POINT OF CURVATURE OF A CURVE, CONCAVE TO THE NORTH, HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 53" 07' 48" FOR 23.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 14" 42' 17" FOR 6.42 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 50.00 FEET, THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 103' 09' 47" FOR 90.03 FEET; THENCE S 39' 06' 30" W FOR 13.27 FEET; THENCE N 73' 20' OS" W FOR 49.56 FEET; THENCE N 56' 34' 44" W FOR 29.60 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 1,918 SQUARE FEET OR 0.044 ACRES. All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the public hearing will also be considered. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462.1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 191 FRANNIE HUTCHINSON, CHAIRMAN PUBLISH DATE: February 10, 2001 %„r *. o This instrument prepared by: JoAnn Riley under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RESOLUTIONNO. 01-71 DATE: March 6, 2001 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, CLOSING, VACATINGAND ABANDONING ANYINTEREST OF ST. LUCIE COUNTYAND THE GENERAL PUBLICINA PRIVATE DRAINAGE AND ACCESS EASEMENT ONA PORTION OF LOT 8, EVENTIDE -UNIT TWO, AS RECORDED IN PLAT BOOK 34, PAGE 5 AND 5A, LYING IN SECTION 24, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: That Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and Section 11.10.01 et. seq. of the St. Lucie County Land Development Code, provide that the County may adopt resolutions vacating rights -of -way in whole or in part, which are under the jurisdiction of the Board of County Commissioners of St. Lucie County, Florida. 2. Pursuant to Plat Book 34, Page 5 and 5A, St. Lucie County and the general public have a dedicated interest in the following described land: A PARCEL OF LAND, LYING IN LOT 8, EVENTIDE - UNIT TWO, AS RECORDED IN PLAT BOOK 34, PAGE 5A OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLYDESCRIBED AS FOLLOWS: *#AW .. COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 8, THENCE S 560 34' 44" E FOR 57.75 FEET TO THE POINT OF CURVATURE OFA CURVE, CONCAVE TO THE NORTH, HAVINGA RADIUS OF 25.00 FEET; THENCE EASTERLYALONG THE ARC OF SAID CURVE THROUGHA CENTRAL ANGLE OF 530 07' 48" FOR 23.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THEARC OFSAID CURVE THROUGHA CENTRAL ANGLE OF 140 42' 17" FOR 6.42 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 50.00 FEET, THENCE EASTERLY ALONG THEARC OFSAID CURVE THROUGHA CENTRAL ANGLE OF 1030 09' 47" FOR 90. 03 FEET; THENCE S 390 06' 30" W FOR 13.27 FEET; THENCE N 730 20' 05" W FOR 49.56 FEET; THENCE N 560 34' 44" W FOR 29.60 FEET TO THE POINT OFBEGINNING. CONTAININGAN AREA OF 1,918 SQUARE FEET OR 0.044 ACRES. 3. The purpose of this abandonment is to allow the development of Lot 8, Eventide -Unit Two as a home site. The drainage and access easement on Lot 8 is no longer required as the cul-de-sac does not exist. 4. A Notice of Intent to Abandon was advertised on January 17 and January 24, 2001, and no objections were filed. 5. All relevant public utilities have given written consent to the proposed abandonment. 6. County Department staff members have reviewed the petition and have fled no objections to the proposed abandonment. 7. All abutting property owners have consented to the proposed abandonment. 2 8. On February 6, 2001, the Board of County Commissioners approved Permission to Advertise for a Public Hearing on March 6, 2001. 9. On February 10, 2001, a Notice of Public Hearing was advertised in The News. 10. It is in the best interest of the public to vacate and abandon the private drainage and access easement on a portion of Lot 8, Eventide - Unit Two more particularly described as follows: A PARCEL OF LAND, LYING IN LOT 8, EVENTIDE - UNIT TWO, AS RECORDED IN PLAT BOOK 34, PAGE 5A OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLYDESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 8, THENCE S 560 34' 44" E FOR 57.75 FEET TO THE POINT OF CURVATURE OFA CURVE, CONCAVE TO THE NORTH, HAVINGA RADIUS OF 25.00 FEET; THENCE EASTERLYALONG THE ARC OF SAID CURVE THROUGHA CENTRAL ANGLE OF 530 07' 48" FOR 23.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OFSAID CURVE THROUGHA CENTRAL ANGLE OF 140 42' 17" FOR 6.42 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVINGA RADIUS OF 50.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGHA CENTRAL ANGLE OF 1030 09' 47" FOR 90.03 FEET; THENCE S 390 06' 30" W FOR 13.27 FEET; THENCE N 730 20' 05" W FOR 49.56 FEET; THENCE N 56° 34' 44" W 3 .0� FOR 29.60 FEET TO THE POINT OFBEGINNING. CONTAININGAN AREA OF 1,918 SQUARE FEET OR 0.044 ACRES. and to renounce and disclaim any rights of St. Lucie County and the general public in and to the private drainage and access easement on a portion of Lot 8, Eventide - Unit Two, St. Lucie County, Florida. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: That private drainage and access easement on a portion of Lot 8, Eventide - Unit Two lying in Section 24, Township 37 South, Range 40 East, more particularly described as follows: A PARCEL OF LAND, L YING IN LOT 8, EVENTIDE - UNIT TWO, AS RECORDED IN PLAT BOOK 34, PAGE 5A OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, MORE PARTICULARLYDESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 8, THENCE S 560 34' 44" E FOR 57.75 FEET TO THE POINT OF CURVATURE OFA CURVE, CONCAVE TO THE NORTH, HAVINGA RADIUS OF 25.00 FEET, THENCE EASTERLYALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 530 07' 48" FOR 23.18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG THE ARC OF SAID CURVE THROUGHA CENTRAL ANGLE OF 140 42' 17" FOR 6.42 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE, CONCAVE TO THE SOUTHWEST, 12 �ft. .✓ HAVING A RADIUS OF 50.00 FEET; THENCE EASTERLYALONG THEARC OFSAID CURVE THROUGHA CENTRAL ANGLE OF 1030 09' 47" FOR 90.03 FEET; THENCE S 390 06' 30" W FOR 13.27 FEET; THENCE N 73020' 05" W FOR 49.56 FEET; THENCE N 56° 34' 44" W FOR 29.60 FEET TO THEPOINT OFBEGINNING. CONTAININGAN AREA OF 1,918 SQUARE FEET OR 0.044 ACRES. is hereby closed, vacated and abandoned and the right, title and interest of St. Lucie County and the general public in and to said lands hereby disclaimed and renounced. Chairman Frannie Hutchinson XXX Vice -Chairman Doug Coward XXX Commissioner Cliff Barnes xxx Commissioner John D. Bruhn XXX Commissioner Paula Lewis XXX PASSED AND DULYADOPTED this 6`" day of March, 2001. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF ST. L UCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: By: County Attorney C ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PETITION FOR ABANDONMENT TO: BOARD OF COUNTY COMMSSIONERS, ST. LUCIE COUNTY, FLORIDA. The undersigned PETITIONER hereby petitions the St. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights -of -way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and 336.10, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq. TYPE OF ABANDONMENT REQUESTED (check one or more as applicable) indicates requirement for public hearing) _ A Plat (*) A Portion of a Plat (*) _ County Road Right-of-way (*) Drainage Easement not Affecting Road Drainage _ Public Utility Easement _ Drainage Easement Affecting Road Drainage (*) _ Other Public Interest in a Private Right-of-way or Easement Petitioner hereby certifies that the filing fee of 2$ 50.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing fee is nou-refundab le and that there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been made by any County employee. This Petition shall contain an affidavit of the Petitioner attesting to the validity of the representations herein and it's completeness to the best of Petitioner's knowledge and belief. The Legal Description of the petition site is attached as (EXHIBIT "A"). (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) Title or interest of the County and the Public in and to the petition site was acquired and is evidenced by: ID No. 4424-808-0003-000/5 (Plat # and identification, Deed, or other title evidence) recordedin: Plat Book 34 Page 5A of the Public Records of St Lucie Ctv.F1. (Plat Book and Page, Deed Book and Page, or Official Record Book and Page) Public Records of St. Lucie County, Florida. 3. Attached hereto as (EXHIBIT "B") is a sketch, accurately drawn, depicting the petition site as described in (EXHIBIT "A"), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefiting from the abandonment. A copy of a portion of the appropriate tax map (8 % x 11), obtainable from the Property Appraisers Office, may be used for this purpose. 4. Attached hereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 %= x 11), obtainable from the Property Appraisers Office, may be used for this purpose. 5. Attached hereto as (EXHIBIT "D") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet from the petition site.) 'N, P, 6. Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses, property tax Identification number and legal descriptions of the adjacent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of- way and such signed statements are attached hereto as (EXHIBIT "E-1" "E-211, etc. 7. Attached hereto as (EXHIBIT "F") consecutively numbered "F-1" "F-2", etc., the signed consent of any affected utility providing service to or within the petition site and/or drainage district having jurisdiction over the petition site. v3 \ e, 8. The Petitioner hereb certifies that in the event this petition is granted, the abandonment of the public right- of-way will not prevent other property owners from access to and from their property, and no other property owner in the vicinity will be adversely affected. v C 9. The Petitioner hereby, certifies that the petition site is not a right-of-way which is part of or used for any an State of Federal highway purposes; and that such right-of-way is under the trodiction of the St. Lucie County Board of County Comrmssioners.V5 10. The Petitioner hereby es that the petition site is not a public accessway to any publicly acce certifissible waters in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County co arable land or lands necessary for public access to the same body of water. L. �2_ —ram 11. The petitioner hereby certifies that petitioner is the owner of property underlying or adjacent to the Co untypetition site as evidenced by an instrument recorded in Official Record BookAW _, o Florida, a copy of which is attached as (EXHIBIT 12. The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adjacent to the petition site, are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement of the County Tax Collector is attached hereto as (EEXHIBIT "H"). 13. The Petitioner hereby certifies: (CIRCLE "a" OR "b" BELOW) a) that the petition site to be abandoned is NOT within the limits of any municipality, OR b) that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as (EXHIBIT "I" ). 14. The Petitioner hereby submits a statement (EXHIBIT "J") in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land. 15. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: (� v . 1ca „ � (Name of newspaper in which Notice of Intent was published`` J Wd.;A (First date published) (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS PETITION AS (EXHIBIT "K"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST A SIGN (17" x 24" OR 17" x 1711) UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF THE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. '.Aw .Mw THIS PETITION MUST BE EXECUTEEDj BEFORE A NOT Y PUBLIC DATE: /i -/> Petitioner's signature P Type or print Petitioner's name rfie Petitioner's Address 5�a1— �� --z3S— c) L� Petitioner's Phone Number COUNTY OF ! u ✓G� STATE OF Before me this day personally appeared tl! Gz t �'.� who, being duly swam, deposes and says: Thatis(are) the Petitioner(s); and, That all of the representations and information provided in the petition is true and accurate to the best of Petitioner's knowledge, information and belief. Subscribed and swom to (or affirmed) before me this day of C•C , 20cck by who personally appeared before me and _2who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oathlaffirmation of . a credible witness KRVNE SOLLOCH Notary Public - State of Florida My Commission Expires Jul 5, 2003 Commission. # CCS51910 Notary Public u 70; of Commencement Lot 8 west Corner, Lot 8 R=25.00 Point of Beginning L=23.18 o Z5 15 30 60 Tan=12.50 R=625.00' 42" Graphic Scale 1 Inch = 30 Ft. L— 1=53'07'48" — Chord-22.36 Tan=3.23' R=50.00' Ch. Brg.=S83'08'38"E /G=14'42'17" L=90.03' �� SS6 •r \ \ 9 0rom ge �ZZ:: /P �L SO, / O ,V O0*&<f-4 A '9 q r e / �♦. �7olbsP Ch.=6.40 Tan=63.04 Ch. 8rg.=N62'56'19"E 6-103'09'47" Ch.=78.35' Ch. 8rg.=S72'49'56"E laxisting 15' D.E. & L.A.E. Legal Description A parcel of land, lying in Lot 8, Eventide - Unit Two, as recorded in Plat Book 34, Page 5A of the Public Records of St. Lucie County, Florida, more particularly described as follows: Commence at the Southwest comer of said Lot 8, thence S 56034'44" E for 57.75 feet to the point of curvature of a curve, concave to the North, having a radius of 25.00 feet; thence Easterly along the arc of said curve through a central angle of 53`07'48" for 23.18 feet to the Point of Beginning; thence continue along the arc of said curve through a central angle of 1404217" for 6.42 feet to a point of reverse curvature of a curve, concave to the Southwest, having a radius of 50.00 feet; thence Easterly along the arc of said curve through a central angle of 103009'47" for 90.03 feet; thence S 39006'30" W for 13.27 feet; thence N 7W20'05" W for 49.56 feet; thence N 56`34'44" W for 29.60 feet to the Point of Beginning. Containing an area of 1,918 square feet or 0.044 acres. SURVEYOR'S CERTIFICATE I hereby certify that this Legal Description Sketch meets the minimum technical standards set forttyby the Florida Board of Professional Surveyors and Mappers, in Chapter 61 G1 7-6, Florida Administrative Code, pursu to Section 472.027, Florida Statutes. Amm, mc. P.O. Box 1500. Stuart, FL 34995-1500 2440 S.E. Federal Highway, Suite 700, Stuart, Florida 34994 (561)288-4880 Registration No. LB 5715 This is Not a S Signed: Eric K. Holly Professional Surveyor and Mapper Florida Registration No. LS 3336 Date: September 8, 2000 aigcrec Far. Eventide Property Owners Association, Inc. Proposed Easement Abandonment Sketch W Le l 0.P6 \.r '.W EXHIBIT "B" Draw an accurate sketch of the petition site and abutting properties, if applicable, or attach a Boundary Survey (preferred) l � I LEGAL DESCRIPTION' LOT 8, EVENTIDE - UNIT TWO ACCORDING TO THE PUT THEREOF, AS RECORDED IN PLAT BOON 34 PAGE(S) 5A OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID LANDS LYING IN ST. LUCIE COUNTY, FLORIDA. u s MEMEOI "IlW Mar AWT6ACTm ITT 91E 9WMrM TOI RaTo-v-ur A1O/OI EAmlan v REmm a on6Tms. >. MIE JIM) OE9RWT101 AIa a Ts 9IOYEI N INI ARE N MSOI6 IT, THE p Ilm rRR 6Y nlE anrt. 1 RAMIIp METG TIT D[ PUT .. «. 0M 9 Noun. A ALL 0lTNMY.6/AMiti NE m PUT NI = 0T 91p6W. 1 RMf 9AREY fM'ES MOT RETLER A Q(TETIIMIIE p6NIX l IIIp[ WT f. MODTY MTSIKlIO1y M TAME MOi REfplpFy pI d15 q r I r Wr ME T6p W 1ME n MEMaa s 1411 canrv. >. E AT s 9MiM AAL .s9am "TIRI lRAE56 OnrMWSE surzTa 6 ltcp! m -AE- (ELEV. 7) 12111 C 0410 F 8-19-91 umn e-mn o-mnomE ra (�}ra rur rwralr v awet r>.�voi nm �m �l-A<�ILaM w vA+WMr rgINM11f OIAC {'t""r.a+m At fYMAAD nMr.nwe FItlI PR 4-fMC AAddS MMi )i_iC IQ f® lC IOYI V mft•!Y 6MYAilM AY-IdYNldi ilOGdfi MA616T M W r611a(A W Vly11YR fAtllOir CL-61Y�4i Ntypll TipII (I QWARY( •/Fp�i O Ml /(A[♦ ry( r4Yd �ap,a yi MFOrd WMYdt rLLlAlr R M'ylRal6 IIOMti MO C•'L 4-41OI W YIL-MM Ylr{II NO YWf NA �Id a -aria. eot (LIRA V[ O.tl�O Gr r.-TNML nsswa LOT 7 RD. P.R.L. P.S.L. 133336 FIL R!O LB #1675 0 1. � W. N. R&C SET #5 RK us/M75 n � P.SM. Al TRAM •A• )p. C '^ 0 6.36 y� 01'SY m¢ v aria LOT 17 4 FO. RK b`> P.SL "a,o LOT e LOT 9 yJsjy u] a VACANT I s o - o� a- / AdO. pp Ten�2T>00 Oal Lo�l l4-0J �O \I MlM4 IIIt dE � r�wu 6RNMi4 A N� usodr u 10' U.E. — R0. R`C I__ 184AX S58'34'44'E (P) 1--- _ ¢ M axw• M PA1 _ � n rcr, I6a>r M ul1Yp•) n ru. r wun a o £VENTIOE PUCE W6 Ul IT BEAR6 TK 94NANRE AIa ME 6RIONAL RN= YH 6 A ANO M.YP(A B OAT - ✓�'IBG ATLANTIC LAND DESIGN, INC. I01AR0 . st A REGISTRATION NO. nee Le NO. 5572 PROFESSIONAL LINO SUROEYING SM140MY SURVEY 5-18-00 xe NUMB M7 A1L.W1K METIIIE PORT sr. u= R. PIGDE ft Ji65a WA,, KE PE -IN SURVEY Y 00-184 (W) 6T-116! (91) NYc=i (W) 56M-1126 AC-dm T am V Y *MW M EXHIBIT "C" Sketch or attach a location map here N a , - v i v a m I II' m r m e cQAST \V Jack SQUARE >& Wi{{i! 19 etia River Shores o plantation _ m= 0 17 20 29 yes a ine PEvElaRCtS "^t^` "„ k' '-\�II�43 ucetail Ridge ?�?'-- / O er. a — � 5 d v n u 25 Srata E o` h `O 1POINT' �" ; P1, pp t art Dr. 1 - Hur,�,kPoq��no� Parll� F�tk :.•`�Wide Waters � o s q Ldtnabaut Ln. ? ( Ansel Q "\ saes e �� . at ear o 36 LIM .✓ EXHIBIT "D" (list of adjacent property owners) and Address Tax I. D. Number and Pro e Le al Description 4424-807-0003-00012 M!t e143 Eventide Unit One Lot 1 (OR 750-332) Leonard W. & Erin K. Poger 4424-807-0004-00019 8072 SE Peppercorn Court Eventide Unit One Lot 2 (OR 1232-2482) Hobe Sound, FL 33455 Derek J. & Diana L. Gallagher 4424-807-0005-000/6 6501 Spartina Circle Jupiter, FL 33458-1811 Eventide Unit One Lot 3 (OR 1235-0123) Allan J. &Lori A. Birnbaum 4424-807-0006-00013 3088 SW Wimbledon Terr. Palm City, FL 34990-2309 Eventide Unit One Lot 4 (OR 1260-1463) Ronald R. & Judith C. Brown 4424-807-0007-000/0 1302 Crown Court Bloomington, IL 61704-8000 Eventide Unit One Lot 5 (OR 1086-2660) Gail W. Schamback 4424-807-0008-000/7 821 East Ocean Boulevard Eventide Unit One Lot 6 (OR 1048-233:1271-1403) Stuart, FL 34994-2427 Patricia Derubertis 4424-807-0009-000/4 3300 Eventide Place Stuart, FL 34994-9143 Eventide Unit One Lot 7 (OR 1035-1707) Beatrice F. Corace 4424-808-0003-000/5 3301 Eventide Place Stuart, FL 34994-9143 Eventide Unit Two Lot 8 Joseph F. & Lorraine E. Conrad 4424-808-0004-000/2 3304 Eventide Place Stuart, FL 34994 Eventide Unit Two Lot 9 (OR 1285-2077) Beatrice F. Corace 4424-808-0005-000/9, 4424-808-0006-000/6, 4424-808-0007-00013, 3301 Eventide Place 4424-808-0008-000/0 Stuart, FL 34994-9143 Eventide Unit Two Lots 10, 11, 12 and 13 l R. & Linda L. Ronk 4424-808-0009-000/7 E Eagle Drive Eventide Unit Two Lot 14 (OR 1257-1625) . Lucie, FL 34984 PEdwin J. & Rose M. Wasielewski 4424-808-0010-000/7 107 S. Shore Road Eventide Unit Two Lot 15 (OR 1166-764) Stuart, FL 34994-9131 Beatrice F. Corace 4424-808-0011-000/4 3301 Eventide Place Eventide Unit Two Lot 16 Stuart, FL 34994-9143 4424-808-0012-000/1 Lucille H. Weil 1059 N. Jamestown NE Apt. H Eventide Unit Two Lot 17 (OR 901-101) Decatur, GA 30083 Eventide Property Owners Assn. 4424-808-0002-000/8 3300 Eventide Place Dedicated as per Plat Eventide Unit Two Lake (1.49 AC) ( P ) Stuart, FL 34994-9143 NOTE: ATTACH ADDITIONAL SHEETS AS NECESSARY. IMPORTANT: IN ANY PROCEEDING WHICH REQUIRES A PUBLIC HEARING, PETITIONER SHALL PROVIDE PRE - STAMPED, PRE -ADDRESSED ENVELOPEAND CERTIFIED MAIL RETURN RECEIPTS TO ST. LUCIE COUNTY WHICH WILL BE USED TO PROVIDE NOTICE OF THE SCHEDULED PUBLIC HEARING TO EACH OF THE ABOVE PROPERTY OWNERS. 5T. LUCiE CO. RTTORNEW 'x:561-46=-1440 Jan 10 18.11 P.04 EXHIBIT "D" AFFIDAVIT OF CON .SF.NI COUNTY OF rly 19 STATE OF 1 Beforc me this day personally appe ared �e0�t,��1't'�� •f �/L/n/ vG�i2 w,ho being duly sworn, deposes and says: _ia(are) the owners) of: "OIE, Vrv�-C o�F 33o3S'Ec JCAr�, (legal description of propertvl That �G have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relationship toOL& property. That 6� e-hereby consent to the abandonment of the described petition site which is adjacent to my property. as described above, on the (check one) North— South —East 'west. �i/L being duly sworn by rite, declares that the aboveiforegoing statement is true and correct to the best of hisiber/their knowledge and believe. Si scribed and s% o to r affirmed) bef rem this�L day of January, 2001, by who personally appeared before me and who is persorally kno%vu to me _ NN hose identity I proved on the basis of _ whose identity 1 proved ort the oativaffinnation of a credible witness y�w��y�ppq'{{{4///f�, STEPHANIE E. MORGAN 'otary Public MY COMMISSION N CC SM36 �Ol n 8 EXPIRES: On 13.'AW 140D3 TAR Fla. Navy Sanity S Bapfnp Co. 164W N"00 T. LU-JE CO. 'RTTOR�IE'{ :5h�1-- -1440 Jan 10 lg:il F.04 EXHIBIT "D" AFFIDAVIT OF CONSF,NT COUNTY OF SILJ � � STATE OF who, Before me this day personally appeared ere -.-n � a� � bcin; duly sworn, deposes and says: -*are) the owner(s) of. �{ i � Q f ^ N - 3 z � '�.1 e. nJ �, lJ (legal description of property) That W,-have been furnished a drawing which clearly indicates the Plat, easement orright-of-way to be abandoned and its relationship to bn-_ ProPerty. Thatk-,C�2 hereby consent to the abandonment of the described petition site which is ak jacent to my Property. as described above. on the (check one) >E North _ South _East _ West - being dilly Sworn by me, declares that the above: foregoing statement t is true and correct to the best of nisiheritheir knowledge and believe. J„o, Heather lanes *p,�n�} *My Commission CC8323&1 o;ry , Expires May 3.2003 to me this k d of January, 2001, by who personally appearedjetore rile aud' J who is personally k.1lo%y'tl to me _ ,those identity t proved on the Basis of _ _ hose identity 1 proved on the oath/affinnation of a credible witness M!"'NAWIMM", 1% W :55 - --140 J,an Ili 1� :1 ! F. 04 J. UJCIE t=Li. ATT0PNE`f 1-i b_ EXHIBIT "D" AFFIDAVIT OF CONSENT C0UTNTY OF « vc E STATE OF L� Q _ �� .� .,,, eared l�t'•1�0 i� �-t2LolJ'1'�u.41.'�C /�le.�r^�`h,, Before me this ...y pe...o..�lly app being duly sWom, deposes and says: is(are) the owner(s) of: � Cr CUEj J�f ! U&rrr 1 (legal desc in'ian of property) That have been furnished a drawing A hick clearly indicates the Plat, easement orright-of H ay to be abandoned and its relationship to 6UP--Pr0perty. That hereby consent to the abandonment of the described petition site which is adjacent to my property, as described above, on the (check one).Notth _South _ East _ West. being duly scorn by me, declares that the aboveiforeeoing statemertt is true and correct to the best of his'her;their knowledge and believe.. and r affirmed) before me this _-( day of January, 2U01, by who personally appeared h fore me and Zhu is personally knoNN 11 to the _ whose identity I proved on the basis of _ _ %chose identity 1 proved on the oath'afhnnation of a credible ,vittiess Notarv'bMUAL SEAL• Dana R. Childress Notary Public, State of Illinois My Commission Expires 5114/03 `W ST. LUCIE CO. ATTORNEY x:551-46"?-1[147 Jan P. ll:� 1311 EXHIBIT "D" AFFIDAVIT OF CO\SENT COT-NTY OF << — �ljc-t � STATE OF r— ` Beforc me this day personally appeared �.% being duly sworn, deposes and says: IE (2—_ is(are) the ow`npr(s)� 33 i � � v �.1'SC t a3 94 � (leeal description of property) That have been furnished a drawing which clearly indicates the PP L urt oy rig t-o Uay` to be abandoned and its relationship to ��roperty. F That �ereby consent to the abandonment of the described petition site which is adjacent to my property, as described above, on the (check one) North _ South East _ West. •\ 1 c �%_ _, being duly srvonr by me, declares that the abovef oregoing statement is true and correct to the best of his:ber,their knowledge and believe. i Subscribed and sworn to (oAaftirmed) before me this! 11day of January, ZOUI, by who personally appeared before me and _ , ho is personally lilown to me _ whose identity I proved on the basis of whose identity 1 proved on the oativaffinnation of a credible witne's Y'aP., tldrber n#J. 9. OSo _Cg�es ;.oe Boud Co.. CIr acaorc 5oaai2a rotary public 14W v - �:.T. LUCIE CE1. WTOPNE"( t561-U6z-144u Jan lU 18 11 F. Cu EXHIBIT "D" AFFIDAViT OF CONSFNT COUNTY OF S_� i vc STATE OF _ � L , Beforc Ine this day personally ap being duly sworn, deposes and says: j S are) the owner(s) of: �-�� �`�, l 0 UNIT ;� lOb t C! 1 (legal descriP`ion oFPtoPerty) That Jj_ have been furnished a drawing which clearly indicates the Plat, easement or right -of H ay to be abandoned and its relationship to 2_�V-property. That y hereby consent to the abandonment of the described petition site which is adjacent to my property, as described above, on the (check one) — North X, South _ East 4 West. being dUh' Sworn by one, declares that the above.%foregoin_v, statement is true and correct to the best of his•lherrtheir know ledge and believe. Subscribed and sworn to (or affirmed) before me thi d v of who personally appeared before m' o is personally known to me _, hasz identity [ proved on the Basis of _ whose identity 1 proved oil the oath affirmation of a credible witness p```r°°°y BARBARAAIIE CY Notary MY COMMISSION CC 7172 o�r�p�P EXPIRES: y5, 2002 t E063NOTRRY Fls Nary SrNa 6 0ontirg Co. * i %M, ..s- ST. LJCIE CO. aTTGRt Ei r ax :561-46'-144tJ Jan 10 ' u - EXHIBIT "D" AFFIDAVIT OF C0ISENT COUNTY OF S--� I�vcv E 18:1, 0.04 STATE OF V 1= `'/i �Glrf �. %�1� who, Beforc me this day personally appeared being duly sworn, deposes and says: 15 is(are) the owner(s) of: EVEN-�IbE, UN11 '�') (legal description of property) 1—OZ � 1� ` Sfi t✓ cv. �� r � �.�� � That have been furnished a dralvine which clearly indicates the Plat, easetnent or right-of-way to be abandoned and its relationship to 2�y— property. That = hereby consent to the abamdonment ofthe described petition site w-hich is adjacent to my property, as described above -on the (check one) _ North 7� South _ East JC West. being duly swom by me, declares that the aboveiforeeoing statement is true /fi `z and correct to the best of�his:her-their knowledge and believe. /' 'eL Subscribed and sworn to (or affirmed) before me this'd5 day of January, Zt}t)1 • bYYnIQe IM ?may 16?, *. -. � N MCC 664646 ' o y appeared before me and h ersonally knOW11 to me _« oup_ ✓ whose identity I proved on the basis of r•Lc. _ c hose identity 1 proved on the oath'affinnation of a credible witness Notary ublic l~ T. LUCiE rp. ATTQRME'�W .x:561-46 -1440 Jan Yy� 18:11 P.04 EXHIBIT ' U' AFFIDAVIT OF C'IKN `T COUNTY OF �vC-15 STATE Or — 1 —. BeCorc me this day personally appeared O S 2. was t� rho, being duly scorn, deposes and says: *are) the owner(s) of: ��-� � 'ZI \j (legal description of nropertv) ThafjL�have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relationship toC�)o 02 property. ThatW& hereby consent to the abandonment of the described petition site which is adjacent to my property, as described above. on the (check one) — North _ South — East -Y\tiVest. tieing duly sworn by me, declares that the above foreeoing statement is true and correct to die best of itisPoerftheir knowledge and believe. Subscribed who personally sworn to (or affirmed) before me this, LrKdv of Janua , 2001, by r-'z appeared before me and xwho is personally known to me _ •x hose identity I proved on the Basis of _ whose identity 1 proved on the oativaffinnation of a credible witness pf r�Q SHEFiI L INGALLS • Mrcomm. tatarzooz Irotary Public vueuc No. CC 758207 Yi eaamyN WwxI I ('W. I.O. 1�r T. L!CIE CO. RTTURNEY :561-4h' 18-1440 Ja.n liT� 11 P.04 EXHIBIT "D" AFFIDAVIT OF CONSENT COLNTY OF V- STATE OF t ll Before me this day personally appearedc� cQT 21 C t2 R� —who, d ses and says: being duly SWOM, epo. U tv "7 1 �' 01 Ev E �iDi Sty. is(are) the owners) of: G �-' � t � "-I- t n D C- U ti'rt Z 5tu Pr>Z71-1 �—oAS ':j\O, \ \ t t--, , ik� (legal description of property) That have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abat:dened aad its relationship to property. That � hereby consent to the abandonment of the described petition site which is adjacent to my property, as describeedt above, on the (check one) _�L North _ South _✓" East y, West. being duly sworn by me, declares that the aboveiforego;ng statement is true and correct to the best of hisrher/their knowledge and believe., and sworn to (or affirmed) before me this Z day of January, 2001, by ,ems C a c - who personally appeared before me and _ who is personally ktiown to me whose identity I proved on the Basis of t _ whose identity 1 proved on the oath/affinnation of a credible witness � � ,+ DEMELSMVIN .= NotayAtbic-61 c1FMido Notary Public �MyOormtlonICI Ca MMOn f cCtert O tee. � T. LUCIE CO. RTTORNE'r x561-4b2-1140 Jsn 10� 1811 P.04 EXHIBIT "D" AFFIDAVIT OF CONHNT COUNTY OF —S Svc � tr STATE OF Before me this day personally appeared ^ 9 l ^^ �- L U C \l\2 W e ,1 who, being duly sworn, deposes and says: *zi* the owner(s) of: ` S .Shoro-� . aVc�T�\,�c, Vtv�,C CI�o.S�vorrt 3y` (legal description of pro erty -25' That have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relationship to property. �n m That whereby consent to the abandonm nt of the described p tition site which is adjacent to property. as described above, on the (check one) _ North _ South — East -2�" West. ` being duly sworn by me, declares that the above: foregoing statement is true and correct to the best of his,,her/their knowledge and believe. Subscribed and sworn to (or affirmed) 1 „ci,1\.c A- —U30 1 ;1. me this I Ll day of Janua , 2001, by who personally appeared before nie and _ who is personally known to me whose identity I proved on the basis of 1 �+k04 30 28 _.chose identity I proved on the oat a credible witness x NAOIRA M1 CXAMMEO ='' MY COM1.0-10.I'c6666950 c ER91flE5: Jury 26. 2001 6ande0 Tin Notar/ Pudic Uncerwntem EXHIBIT "E" (list of abutting property owners) EXHIBIT "E (attach one for each abutting property owner) AFFIDAVIT OF CONSENT FROM ABUTTING PROPERTY OWNER COUNTY OF " r• L')Jle STATE OF FLD)�-� tyA Before me this day personally appeared '20�ri Ci a Ut41_ J)CfW6&-Mtho, being duly swom, deposes and says: is(are) the owner(s) of: LOT rJ Of-- E06-P T7 D& aA)1T 01.E67 (legal description of property) That I have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relationship to 14q property. That 1 hereby consent to the abandonment of the described petition site which is adjacent to my property, as described above, on the (check one) ,_ North X South _ East _ West. being duly sworn by me, declares that the above/foregoing statement is true and correct to the best of h(is/h /their knowledge and believe. �J �,G�i IiC 'AL Subscribed and sworn to (or affirmed) before me this day of , 2000 • by Pc'� i C i c- L DE20 Eiz-n5 who personally appeared before me and _who is personally known to me. -Zwhose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of a credible witness / CV ra79�"ZM O Aw Notary PublicQ10" 2,.�vcp,cd *Are ..+ EXHIBIT "E - _tf (attach one for each abutting property owner) COUNTY OF STATE OF V eared P e, I/ l o rrG r who, being duly sworn, deposes and Before me this day personally appeared C�or7 ra(zJ says: is(are) the owner(s) of: � q (leg -al description o\fyr\oneDIII That WQ- have been furnished a drawing which clearly indicates the Plat, easement or right-of-way to be abandoned and its relationship to O� R- property. That LU e- hereby consent to the abandonment of the described petition site which is adjacent to my property, as described above, on the (check one) _ North _)�, South_ East _ West. rrG eat2? �� being duly sworn by me, declares that the abovelfor going statement is true and correct to the best of hisirer/thy edge and believe. before me s�`� day ofOc I 2g0o,by sworn to (or affirmed) , W who personally appeared before me 9nd _ who is personally known to me. whose identity I proved on the basis of 6 rr LfL S �icEi/s _ whose identity I proved on the oathlaffirmation of a credible witness •v _ P0l, RY ID 4t.r 404018 cv Do Q 7I'll M? 1%W EXHIBIT 11F - (Consent letter from affected utility company) DATE 11-2s-60 UTILITY. COMPANY �) ADDRESS CITY, STATE]2IP RE: Petition to Abandon/Vacate (Description of Petition Site enclosed) To Whom It May Concern: Please consider this letter as our request for a LETTER OF NO OBJECTION to the abandonment of the above referenced site. Enclosed for your review is a copy of the sketch and description of the site proposed to be abandoned. A self- addressed envelope is also enclosed for your reply. If you have any questions or if I may be of further assistance, please contact me at Thank you for your assistance in this matter. Sincerely, (Petitioner or agent) Enc. Petition site sketch and description. Consent as requested x_ Consent vAth the following Consent Refused Date: Authorized presentafnv 09 BellSouth Telecommunications, Inc. 3300 Okeechobee Road Room 213 Fort Pierce, FL 34947-4552 Dec.1, 2000 Beatrice Corace 3301 Eventide Pl. Stuart, Fl. 34994 RE: Petition to abandon/vacate easement Lot 8 Eventide Place S/D ® BELLSOUTH Billie C. Greenlief General Manager -Network Operations Indian River Division 561 468-9970 Fax 561 466-4705 Dear Ms. Corace, BellSouth has no objection to the abandonment of the utility easement right-of-way as described herein: that portion containing .04 acres located in the southeast comer of lot 8, Eventide Place S/D, Section 24, Twp. 37, Rng. 40, St. Lucie County If we can be of further assistance, please call Gary TefB at (561) 468-5512 Sincerely, � S$kBillie C. Greenlief General Manager — Network Operations Indian River Division Florida Power & Light Company, 1050 S.E. Brandon Cir., Port St. Lucie, FL 34952 0 FPL November 30"', 2000 Beatrice Corace Eventide Property Owners Association, Inc. 3301 Eventide Place Stuart, Fl. 34994 RE: Abandonment of Easement at SE comer of lot 8, Eventide Place, St. Lucie County. To Whom it may concern: Florida Power & Light has no objection to the abandonment of the previous utility easement located along the SE comer of lot 8 bordering the current 10' utility easement off Eventide Place. We have no facilities within this portion of said previous utility easement. If I can be of further assistance, please contact me at (561) 337-7011. Sincerely, /J� Rob Morris FPL Construction Service Designer an FPL Group company 1%w EXHIBIT "G" Proof of ownership of petition site or adjacent benefiting property Attached Warranty Deed 1127260 SPDZIAL WIPAANry DFM yLIS SPECIAL acrWA.RPAmN D® made this � day of �G� 3991, by r:rc-rs«� UVELO gg2a' INC., a Florida corpora having its principal place of business d 200 Albany Avenue, Start, Florida 34994 (trreinafter called the 'Grantor'), to BFAnUCE F. WRALE whose mailing addresa is 119 South Shore ?cad, Stuart, Florida 34994 (hereinafter called the 'Grantee'). (Whenever used herein the terms 'Grantor' and *Grantee' include all the part a to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations). WITTIFSSERI: 12at the Granter, for and in oasideration o{ the sou of •ren Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, by these presents does hereby grant, bargain, sell, alien, remise, release, convey and confirm wito the Grantee, all that certain land sib.ate in St. Lucie County, Florida, Mre Particularly described in ''xhrbit 'A' attached hereto and incorporated herein ('Property'). TO HAVE AND TO KILD, the same in fee single foremr. TLX VER with all tenements, heredltamena and apprr-�-tAnces, thereto belonging or in anywise appertalnlng. This conveyance is subject to the matters set forth on Exhibit '3' attached hereto and incorporated herein. The transfer effectuated by this Special Warranty Deed is strictly subject to that certair. Mortgage Deed dated May 25, 1990 by Grantor In favor of Beatrice F. Corace I*Corace'1, recorded in Official Pewrds Book 692, Page 2307, Public Peoords of St. Lucie County, Florida Ithe 'Curace Mortgage'), and the per, -�.es speoifically intend that the acceptance of this Special Warranty Lead by the Grantee shall not constitute a merger of the fee si�le title with the Corace Mortgage or any security or other docvoent executed in connection herewith. The Grantor does hereby covenant with the Grantee that, except_ as noted above, at the time of delivery of this Special Warranty Deed the Property was free front all enc brances made by the Grantor, and that the Grantor does fully warrant title to the Property and will defend the same against the Lawful claims and denu As of all persons claiming by, through and under the Grantor, but against none other. PnprW B2 Wdtzr Ta ,�y00.OV Aryan@Hough. P.A. �Y 5o Id_i.t1'.k Ste 211 Sr...r LL 1%W O;JI; '13J2 V EXHIBIT "H,o Certification of taxes paid on petition site or adjacent benefiting property Paid by Beatrice Corace 11/30/99 \r EXHIBIT ?TV Resolution of Abandonment by Municipality (Only if petition site is within a municipality) rn�w�C.��Q1��� %W EXHIBIT 11 P *104 Petitioner's statement in support of granting petition 0O rA 10,,,.E o� \ 1 rc y zl �S No longer required — Lot to be used for Home STUART NEWS .� PORT ST. LUCIE NEWS (an edition of the Stuart News) Martin County and St. Lucie County, Florida 1939 S. Federal Highway, Stuart, FL 34994 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF MARTIN; COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, Mary T. Byrne, who on oath says that she is Classified Legal Advertising Representative of the Stuart News and the Port St. Lucie News, a daily newspaper published at Stuart in Martin County, Florida: that the attached copy of advertisement was published in the StuarUPort St. Lucie News in the following issues below. Affiant further says that the said Stuart/Port St. Lucie News is a newspaper published in Stuart in said Martin County, Florida, with offices and paid circulation in Martin Ceunty and St. Lucie County, Florida, and that said newspapers have heretofore been continuously published in said Martin County, Florida, daily and distributed in Martin and St. Lucie County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the securing this advertisement for publication in the said newspaper. The Stuart News has been entered as second class matter at the Post Offices in Stuart, Martin County, Florida and Ft. Pierce, St. Lucie County, Florida and has been for a period at one year next preceding the first publication of the attached copy of advertisement. Ad # Date Copyline 2061554 01/17/2001 INTENT TO ABANDON 01/24/2001 INTENT TO ABANDON Subscribed and sworn to me before this date: 01/24/2001 Notary P.up4MERINEHUDSON Notary Public, State of Florida My Comm. etip. Apr. 19. 2004 Comm. No. CC927458 PO Of NOTICE OF INTENT TO ABANDON To whom it May Cancem: You will take- moll" That In accordance with the aravi- slans of Secdono 177.101, as amended 336.09 and 336.10, Florida Statutes, a amended, and St. W.I. County Land D.v.lopmnrt Code, Section 11.10.01 eL -seq., Be hrlt Ccrac. Intends to file a peahen requesdng that .thee. St. L.I. County Board of County Cammb- .lanen abaadoPa portion of a -private dralnag. and acns.. Bowmen✓ herelnalM dewitied, and rertounn and cilsslaim arty. right of St. Lucle, Count' and the publlain ad has Me lands lying wiMln Ihat pdraan of sold private drain- age and detest dwment in St. Lucie County„ Florida, described an Falowe, LEGAL DESCRIPTION: A Parcel at land, lying in Lot 8, Eventide, Unit 2, as recorded in P.B. 34, Pg. 5A of the Pub. Rec of St. Lucie Cy., FI. particularly described a follows: Commences at the S.W. corner of Lot 8; thence S 56'34'44" E for 57.75' 1. the Paint ofcurvalure of a curve, concave to the North having a radius of 25'; thence Easterly along the arc of said ctit'. through o central .,Is of 53e07'48" far 23.1 a' to the P.O.B.; thence continue along the arc of said cu through a cenhai angle of 14-42'I7' far 6.42' to a Wirt of re a curvature of a curve, concave to the S.W. having a radius of 50" thence .cored, along the arc of said curve through a control angle of 103°09'47" far 90.03'; thence 5 39e06'30" W far 13.27'; thence N 73'20'05" W for 49.56'; thence N S6e34'44" W For 29.60' to the P.O.B. Containing an area aF 1,918 q.ft. ar 0.044 Resentaces. Conic. 3301 El - Sh Eventid. e Place Pla Shwrt, FL,34994 335-0314' Pub.: Ian. 17\24, 2001 *4. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 NOW ITEM NO. 513 DATE: March 6, 2001 REGULAR [ ] PUBLIC HEARING [X] CONSENT [] PRESENTED BY: Donald B. We , P.E. County Engineer SUBJECT: Public hearing to review the application request of Howard Baggett for a Mining Permit (Renewal). BACKGROUND: The Howard Baggett mine is located in north -central St. Lucie County (S2/T35S/R39E) just southwest of 1-95, north of Access Road, west of Rock Road and east of NSLRWCD C-41 Canal. This 24.6 acre parcel has been mined since the original permit approval by the Board on December 7, 1976. Although the latest permit expired January 10, 2001, the permittee is requesting a renewal in his mining operation which requires a public hearing. For additional background information see the attached sheet. This request is to seek Board approval for a Class I mining permit for a period of six years. PREVIOUS ACTION: December 7, 1976: Original mining permit approved by the Board for four years. February 6, 1979: Permit issued for four years. February 14, 1983: Permit issued for two years. September 9, 1986: Permit issued for four years. November 27, 1990: Permit issued for six years. January 10, 1995: Permit issued for six years. January 10, 2001: Permit expired. RECOMMENDATION: Staff recommends Board approval of a Class I mining permit for six years to be updated every 48 months subject to the following special conditions: 1. Hours of operation (including related activities such as loading, stockpiling, processing, etc...): 7:00 a.m. to 6:00 p.m., Monday through Saturday, with no operations on holidays (as observed by St. Lucie County), or Sundays. 2. Dewatering is not approved as part of this permit. 3. A performance bond of $23,500 will be maintained. 4. Blasting is not approved as part of this permit. 5. The main stockpiling of materials shall be on the south side of the mining area but can be stored on the west side or north side as mining proceeds to those areas. 6. All equipment, machinery and structures which are accessoryto mining shall be properly removed from the site at the expiration of the permit. 7. Stockpiled material and haul roads shall be periodically watered down during dry and/or windy conditions to minimize migration of sand, dust, or air contaminants to surrounding properties. 8, The permitte shall con6nbe to assist St. Lucie County with thl*r/aintenance of Access Road/Rock Road. 9. As part of the reclamation phase, the permittee shall provide the County Engineer with an as -built survey which includes, but is not limited to, water depths, setbacks, and cross -sections (200' minimum). This survey shall be performed and certified by a Professional Land Surveyor. The property lines shall be monumented. 10. Pursuant to Section 378.802, Florida Statutes, mine operator must notify the Executive Director of the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida, 32310, (904) 488-8217 forany new surface area disturbed. 11. Violations of the mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. COMMISSION ACTION: [yj APPROVED [ ] DENIED [ ] OTHER: [x]County Attorney [x]Originating Dept. Public Works ��- CoordlnatlonlSianatures [ ]Community Dev. [x]Co. Eng > Anderson Administrator [ ]Property Acquisitions - []Finance Dept. \rr No' COMMISSION REVIEW: MARCH 6, 2001 Background: On February 6, 2001, the Board authorized staff to schedule a public hearing on the above mining application. Attached you will find a copy of the public notice advertised in the newspaper and the notice mailed to the adjacent property owners. The Howard Baggett mine is located in north -central St. Lucie County (S2/T35S/R39E) just southwest of 1-95, north of Access Road, west of Rock Road and east of NSLRWCD C-41 Canal. This 24.6 acre parcel has been mined since the original permit approval by the Board on December 7, 1976. Although the latest permit expired January 10, 2001, the permittee is requesting a renewal of the mining operation which requires a public hearing. Staff has reviewed this request and determined it to be complete. Howard Baggett has requested the issuance of a Class I, six year permit, to continue mining within a 24.6 acre parcel containing sand type material. Hours of operation are proposed from 7:00 a.m. to 6:00 p.m., Monday through Saturday. Removal of the remaining overburden will be accomplished with pans and loaders. Shallow excavation will continue to be accomplished with a dragline and loaders. A hydraulic dredge will be used in deeper depths and material will be pumped into a settling basin on the south side of the property where the material will settle out and overflow will be back to the mine. The main stockpile will be on the south side of the mine, however, as mining progresses to the north some stockpiling is proposed on the west and north side of the mine. A 150' setback will be maintained from Access Road and the edge of water. Other setbacks include a 150' from I-95 on the northen property, a 15' setback on the eastern property and a 65' setback on the western property near the NSLRWCD C-41 canal. To minimize off -site impacts, a perimeter berm and swale system will be constructed. Approximately450,000 cubic yards of material is available for mining while approximately 500,000 cubic yards of material has been extracted from the mine to date. Over the next six years it is anticipated that an annual sand output of approximately 75,000 cubic yards will be maintained. The existing haul road will be utilized with access to Access Road, a dirt road, and east to Rock Road. The permittee has previously been assisting the County with maintenance of this dirt road and has agreed to continue to do so. Reclamation has been ongoing and will be finished at the completion of mining or time of permit expiration, whichever comes first. Disturbed areas, including the settling basin, will be graded and seeded and mulched, side slopes will be graded (4:1) and final littoral zone planting will be accomplished. All equipment, machinery and structures which are accessory to mining shall be properly removed from the site. A simple cost analysis was accomplished to estimate performance bonding requirements for this mining operation. Typical construction tasks and associated unit costs were used in determining a bond amount (see attached table). It is recommended that the bond amount be increased from $18,500 to $23,500; to cover the additional expense of an "as -built" survey. To date, no complaints have been filed through the Engineering Division regarding this mining operation. Mr. Baggett has recently fenced the site to limit access and increase safety. Staff recently visited the site and found the existing operations to be in conformance with the original permit issuance. HOWARD BAGGETT.MINE RECLAMATION COST ESTIMATE Quantity Unit Unit Cost Total Cost 1. Mobilization 1 LS 2,000 2,000 2. Regrade Slopes 2,500 LF 2.001LF 5,000 3. Seed & Mulch 40,000 SY 0.25/SY 10,000 4. Littoral Planting 1 LS 1,500 1,500 5. 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LL m❑ iof c W 2 T T N N ry C E m c Ow' p c = W W -tOiK mpH E E m c, Z o o O 10 a Ia O C O m m O z t%1 m m_v1 fn � N''Y � F VJ Z m in rnmo �nNv�r r as Io 0 0 0 0 0 0 0',0 0 0 0 m 0 0 0 o,a o 0 0 0 0 00 0 0 0 0 0 0 n m'm o �n n o o m m o OIL N'N N 0. N E a 0 0 N N in O N o 0 o o oo 0 00 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 Z N.NN MN mIN N m 0 0 0 0 ❑^ N m m m m m m m m N N N N NIN N N N N N M O O.O O OO O O O O O N O m m O O'.O N N N F N N N N N N N N N N N N N N m V N m A m A10 ^ Y i0 � I I O I .3f - Imo: $ • $ , x _j a m m MS7 r 1 z3oear (2224bI0W0/6) m :'.-_ccc ucc -� --�a aro�jl 28.77 A a -, wn ra — I 1113 I iY m mm (213-0W. I I $ _ w �1fiLy •B• � o-a jll m t�ahre i atn wm m w I - TRACT 'A' � — .: LAKE 0024 0023- y$Sn..D.Wvt.E 2-09 & ' 000 ; 1 ' .iH. _. iu I T vn R. 1 a�� w (312-0020000/7) _--� 14.02 k (342- ,COO/0 t9-61 A rzrxmzcno/s( 67.39 A -ROM :✓ NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, will at 7:00 P.M. (or as soon thereafter as possible), on Tuesday, March 6, 2001, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing on the petition of Howard Baggett, to grant a mining permit on the following described land in St. Lucie County, Florida, to wit: MINING AREA That part of the southwest 1/4 of the northwest 1/4 of section 2, Township 35 South, Range 39 East, lying westerly and southerly of Interstate 95 right-of-way; AND that part of the northwest 1/4 of the southwest 1/4 of Section 2, Township 35 South, Range 39 East, more particularly described as follows: From the southeast corner of the northwest 1/4 of the southwest 1/4, run south 890-53'-47" west along the south line of the northwest 1/4 of the southwest 1/4, 516.17 feet; thence north 000-111- 29" west 60 feet for the Point of Beginning. From said Point of Beginning continue north 000-1l'-29" west to the southwesterly right- of-way of Interstate 95; thence northwesterly on said right-of-way to the north line of the northwest 1/4 of the southwest 1/4; thence west on said north line to the easterly right-of-way of Canal No. 41 (by occupation); thence southerly on Canal No. 41 right-of-way to a point 60 feet north of the south line of the northwest 1/4 of the southwest 1/4; thence north 89°-53'-47" east 822.18 feet to the Point of Beginning, containing 24.64 acres more or less, and all being within Section 2, Township 35 South, Range 39 East, St. Lucie County, Florida. The required mining plan is on file in the County Engineering Division, Room 229, 2nd Floor Annex, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. BOARD OF COUNTY COMMISSIONERS ST. LUG'IE COUNTY Frannie `Hutch 'nson, Chair PUBLISH: February 17, 2001 PROOF AND BILL: Board of County Commissioners, St. Lucie County %W BOARD OF COUNTY COMMISSIONERS *no February 15, 2001 PUBLIC WORKS DEPARTMENT In compliance with the provisions of the St. Lucie County Land Development Code, you are hereby advised that Howard Baggett, has petitioned the Board of County Commissioners to review and approve a mining permit for the following described property: MINING AREA That part of the southwest 1/4 of the northwest 1/4 of Section 2, Township 35 South, Range 39 East, lying westerly and southerly of Interstate 95 right-of-way; AND that part of the northwest 1/4 of the southwest 1/4 of Section 2, Township 35 South, Range 39 East, more particularly described as follows: From the southeast corner of the northwest 1/4 of the southwest 1/4, run south 890-53'-47" west along the south line of the northwest 1/4 of the southwest 1/4, 516.17 feet; thence north 000-111- 29" west 60 feet for the Point of Beginning. From said Point of Beginning continue north 000-11'-29" west to the southwesterly right- of-way of Interstate 95; thence northwesterly on said right-of-way to the north line of the northwest 1/4 of the southwest 1/4; thence west on said north line to the easterly right-of-way of Canal No. 41 (by occupation); thence southerly on Canal No. 41 right-of-way to a point 60 feet north of the south line of the northwest 1/4 of the southwest 1/4; thence north 890-53'-47" east 822.18 feet to the Point of Beginning, containing 24.64 acres more or less, and all being within section 2, Township 35 South, Range 39 East, St. Lucie County, Florida. A public hearing on the petition will be held at 7:00 P.M. (or as soon thereafter as possible), on Tuesday, March 6, 2001, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. If you have any questions, please contact Donald B. West, P.E., County Engineer, at (561) 462- 1707. Sincerely, ST. LUCIE COUNTY E�dhald B. West, County Engineer JOHN D. BRUHN. District No. 1 . C000 COWARD, District No. 2 . PAULA A. LEWIS, Distdcr No. 3 • FRANNIE HUTCHINSON, Dlsrricr No. 4 • CLIFF BARNES Dlsrricr No. 5 Counry Admini5trotor - Douglos M. Anderson 2300 Virginia Avenue - -Fr. Pierce, FL 34982 Public Works: (561) 462-1485 • FAX (561) 462-2362 Division of Engineering: (561) 462-1707 Fox 462-2362 • Division of Rood G Bridge: (561) 462-2511 FAX 462-2363 Division of Solid Waste: (561) 462-1768 FAX 462-6987 Division of Building G Inspections: (561) 462-1553 Fox 462-1735 • TDD (561) 462-1428 Zoning Evelyn Bagget Minin Permit Subject Parcel o Community Development Geographic Information Systems Map prepared February 14, 2001 N Land Use w Evelyn Baggt'tt Tit L N.S.LAZZ. Conot No. {} r RS Minin Permit rA —WA4d7PA Subject Parcel o� A RS ----------------------- �e Community Development j Geographic Information Systems • Map prepared February 14. 2001 Ri iryV Im Lwn miYivJ b Wti'Yphntip rA nYxeu P•M•� mM. rMXY •qY Mbl lw Ewn nwY b Pa'W M ncq p•mlvtl mYe XAmaML Y4.XY MXIwS4 busv•YWM XYWq mamy�� N %W -A/ MARCH 6,200 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine'and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON -AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. n BOARD OF COUNTY COMMISSIONERS www.stlucieco.gOV h � ' • • COR1 John D.0 Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District District 2 District District 4 District Comp Plan Public Hearing 4:00pm to 6:OOpm AGENDA March 6, 2001 7:00 P.M. /� 1 INVOCATION ^ C PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held February 27, 2001. 2. PROCLAMATION/PRESENTATION Resolution No. 01-72- Congratulating the New York Mets on winning the 2000 National Baseball League Championship, Welcoming the New York Mets back to St. Lucie County, and Proclaiming March 6, 2001 as "New York Mets 2000 National Baseball League Champions Day" in St. Lucie County, Florida. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS COUNTY ATTORNEY 5A. Resolution No. 01-71 / Abandonment / Private Drainage and Access Easement / Eventide Unit Two Subdivision - Consider staff recommendation to approve the resolution, instruct staff to publish the final Notice of Abandonment, and record the resolution, Proof of Publication of the Notice of Intent to Abandon, Proof of --- -Publication of the Notice of Public Hearing, and Proof of Publication of the Notice of Abandonment in the Public Records of St. Lucie County, Florida. NOTICE: All Proceedin s before this Board are electronically ues recorded. Any person who decides to action taken by the Boar at these meetings will need a record of the pproceedings af annd fopr such o lePo P on! to ensure that a vercrossbatim record of the proceedings is made. Upon the to thet oroceedinrsywill bej individuals testifying during a hyearing will be sworn m. Any Pam P est g requiring accommod ton to attend thIn sumeetinfRRyshould contactathe StpLucie County C m ee ._ e. e� �a�tl a62-1777 or TDD (561) 462-14Z8 at least forty-eight(48) hours prior o the meeti %W .r+ REGULAR AGENDA MARCH 6, 2001 PAGE TWO PUBLIC HEARINGS CONTINUED 5B. Engineering / Howard Baggett Mining Permit Renewal - Consider staff recommendation to approve the request for a Class 1 miring permit for 6 years, to be updated every 48 months subject to eleven (11) cited conditions. COMMUNITY DEVELOPMENT 5C. Resolution No. 01-010/Quasi-ludicial / Westchester Development Company Consider staff recommendation to approve the resolution, subject to the cited conditions contained therein, granting preliminary PUD (Planned Unit Development) approval for property located on the north side of Gatlin Boulevard immediately west of the 1-95 Interchange, approximately one mile west of the intersection of Gatlin Boulevard and Brescia Street, from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District. 5D. Resolution No. 01-011/Quasi-Tudicial / Westchester Development Company - Consider staff recommendation to approve the resolution, subject to the cited conditions contained therein, granting preliminary PMUD (Planned Mixed Use Development) approval for property located on the north side of Gatlin Boulevard immediately west of the I-95 Interchange, approximately one mile west of the intersection of Gatlin Boulevard and Brescia Street. End of Public Hearings COMMUNITY DEVELOPMENT Selection of a Consultant for 2001 Community Development Block Grant (CDBG) Administration and Proposal Writing - Pursuant to state requirements outlined in the Small Cities Community Development Block Grant Program and St. Lucie County Purchasing Manual, staff recommends the Board rank the three firms, selecting the firm with the lowest score. �Ir ..r /Vl� P�z REGULAR AGENDA MARCH 6, 2001 PAGE THREE 7. PUBLIC SAFETY Combining the Animal Control Efforts of St. Lucie County and the City of Fort Pierce - Consider staff recommendation to grant permission for staff to discuss consolidation of Animal Control between St. Lucie County and the City of Fort Pierce. j G '? //Z� � 1-1 v I%d CONSENT AGENDA March 6, 2001 WARRANTS LIST Approve warrants list No. 22 2. LEISURE SERVICES A. Queen's Island Preserve / Application for Grant Funds from the US Fish & Wildlife Service's South. Florida Coastal Ecosystem Program - Consider staff recommendation to authorize staff to apply for grant funds. B. Blind Creek Park / Application for Grant Funds from the US Fish & Wildlife Service's South Florida Coastal Ecosystem Program - Consider staff recommendation to authorize staff to apply for grant funds. COUNTY ATTORNEY A. Interlocal Agreement between St. Lucie County and St. Lucie West Services District Providing for the Use of the County's Landfill - Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. B. Emergency Debris Removal Contract / Phillips & Jordan, Inc. - Consider staff recommendation to approve the contract and authorize the Chairman to sign the contract. C. Permission to Advertise Notice of Intent / Right -of -Way Abandonment / South 251' Street Phase II / St. James Drive / Florida Power and Light Crossing - Consider staff recommendation to grant permission to advertise the Notice of Intent to Abandon, authorize the Chairman to execute the Abandonment Petition, and proceed with the Abandonment Petition. D. Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 90-1724 - Consider staff recommendation to authorize the Chairman to sign the Partial Release of Lien. 4. UTILITIES A. South Florida Water Management District Alternative Water Supply Funding Program Grant Application - Consider staff recommendation to authorize submission of the grant to construct a reuse water main on North Hutchinson Island, and authorize the County Administrator to sign all documents. Bid No, 01-007 / Holiday Pines Wastewater Treatment Plant Settling Tank Rehabilitation Consider staff recommendation to award the bid to Hutchinson Utilities Service Corp., the lowbidder, in the amount of $63,362. %W ..r CONSENT AGENDA MARCH 6, 2001 PAGE TWO Bid No. 01-021 / Apron Construction Project - Consider staff recommendation to reject all bids and authorize staff to rebid the project. .r% BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA March 6. 2001 CONSENT AGENDA COUNTY ATTORNEY C-A.1 Children's Services Council - Special Designation Grant Contracts: Consider staff recommendation that the Board approve the three (3) Special Designation Grant Contracts and authorize the Chairriian to sign the Contracts. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any partyto the proceedings, individuals testifying during a hearing will be mom in. Anyparty to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. Agenda Request *Yi/ Item Number �5-G r/ Date: March 6, 2001 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. [ ] Quasi -JD [ X ] To: Board of County Commissioners Prese d y Submitted By: Community Development Director mmunity Development Director SUBJECT: Consider Draft Resolution 01-010 approving the request of Westchester Development Company, for a Preliminary PUD (Planned Unit Development) approval for property located on north side of Gatlin Boulevard immediately west of the 1-95 Interchange, approximately one -mile west of the intersection of Gatlin Boulevard and Brescia Street, from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District (File No. — PUD-00-011, MJSP-DO-009 and Rz-00-015) BACKGROUND: Westchester Development Company has applied for a Rezoning and Planned Unit Development/Major Site Plan approval for a new 600-lot single-family subdivision, to be known as Westchester (PUD). The subject property is located on a 352.98 acre tract of land situated on the north side of Gatlin Boulevard west of the 1-95 Interchange, approximately one -mile west of the intersection of Gatlin Boulevard and Brescia Street and zoned AGA (Agricultural - 1 du/acre). The properties located to the north, south, and west are designated with AGA (Agricultural - 1 du/acre) zoning. The property to the east, while still zoned AGA is the subject of a concurrent request for PMUD zoning. FUNDS AVAILABLE: NIA PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 5 to 0, with two members recusing themselves from the proceedings (Mr. Merritt and Mr. Mathes) and two members absent (Mr. Trias and Mr. Grande), recommended approval of the Rezoning and PUD/Major Site Plan at its February 15, 2001 meeting. RECOMMENDATION: Staff recommends approval of Draft Resolution 01-010, subject to the cited conditions contained therein. OMMISSION ACTION: 0 APPROVED OTHER NCURRENCE: Douglas M. Anderson County Administrator Coordination/ Signatures County Attorney Mgt. & Budget: Originating Dept.: Other: Finance: DENIED Purchasing: Other: NOO TO: FROM: DATE: COMMISSION REVIEW: March 6, 2001 Resolution No.: 01-010 File No.: RZ-00-015 DEPARTMENT OF COMMUNITY DEVELOPMENT Board of County Commissioners Community Development Director February 28, 2001 SUBJECT: Petition of Westchester Development Company, for Preliminary Site Plan Approval for the construction of 600 unit residential subdivision to be known as the Westchester PUD. (File No.: RZ-00-015) LOCATION: Northwest quadrant of 1-95 and Gatlin Blvd. Approximately 1 mile west of the intersection of Gatlin Blvd and Brescia Street. EXISTING ZONING: AG-1 (Agriculture -1 dwelling unit / acre). PROPOSED ZONING: PUD (Planned Unit Development). LAND USE DESIGNATION: RU - Residential Urban - Residential uses up to 5 dwelling units per acre. The entire parcel is within the Urban Service Area. PARCEL SIZE: 352.98 acres PROPOSED USE: 600 unit residential subdivision with associated recreation, open space, and infrastructure. SURROUNDING ZONING: AG-1 (Agricultural - 1 du/acre) to the north, south and west. The property to the east is also zoned AG-1 but is the subject of a concurrent request by the same developer for PMUD (Planned Mixed Use Development) zoning SURROUNDING LAND USE: All surrounding properties are vacant or are being used for agricultural purposes. FIRE/EMS PROTECTION: Station #10 (777 SW Dalton Road) is approximately 5 miles to the east of the proposed development site. `W 140 UTILITY SERVICE: TRANSPORTATION IMPACTS: Right of Way Adequacy: Scheduled Area Improvements: TYPE W CONCURRENCE DOCUMENT REQUIRED: Water and Sewer Services to be provided by the either St. Lucie West or Port St. Lucie Utilities. The existing right-of-way for Gatlin Blvd is 200 feet. The developer plans to construct a four lane entrance road to the site within the 200 foot right-of-way provided by this developer and the adjacent developer to the south. A Certificate of Capacity will be required with final Planned Unit Development approvals. ttt****tit RRttttttlRR*R**t4ttR** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed amendment to the official Zoning Atlas, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed amendment is not in conflict with the St. Lucie County Land Development Code. The current application for Preliminary Planned Unit Development approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and particularly Section 7.02.01 of the Code and has been determined to meet all applicable standards of review for Preliminary Planned Unit Development approvals. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The amendment has been determined to be consistent with all applicable elements of the County's Comprehensive Plan. The project's density is well below that allowed by the Plan. If the project were proposed or developed at its maximum density, more than 1,700 units would be allowed. The proposed project in conjunction with the associated Planned Mixed Use Development (PMUD) is providing various services to its anticipated residents including employment and shopping opportunities, schools, and recreation. The project lies entirely within the Urban Service Area. 3. Whether and the extent to which the proposed amendment Is inconsistent with the existing and proposed land uses; `11111104mo The proposed Preliminary Planned Unit Development Plan and the accompanying request for change in zoning have been determined to be not inconsistent with the general land uses in the surrounding area. The Future Land Use Maps of the County's Comprehensive Plan indicate that the petitioned property is suitable for development at a density of up to 5 du's/acre. The proposed development plans call for a gross density of 1.7 units to the acre. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The development site is proposed to be served with water and sewer services by the either St. Lucie West or Port St. Lucie Utilities. Port St. Lucie has provided letter indicating that these services are available. The developer will be responsible for the extension of these services to the project site. The subject property is located west of the existing terminus of Gatlin Blvd. According to the applicant's traffic impact report, the following roadway facilities which are located in the project study area are scheduled for improvements within the Port St. Lucie Capital Improvements Program. Airoso Blvd 4-lane divided from Port SL Lucie Blvd to Prima Vista Blvd fY 2000-2001 Gatlin Blvd 4-lane divided from 1-96 to Port St. Lucie Blvd FY 2001-2002 Bayshore Blvd 4-lane divided from Port St. Lucie Blvd to Prima Vista Blvd FY 2001-2003 The applicant's Traffic Impact Report (TIR) indicates that the project will not negatively affect arty surrounding roadway links. The applicant has committed to construction of a four lane divided extension of Gatlin Blvd. From its current terminus to the project entrance (approximately one mile). The applicant has also agreed to construct a section of a possible north/south arterial roadway which could ultimately connect to Glades Cutoff Road. Open space requirements of the Planned Development are met. The proposed development will address its impact on the School District through payment of the School Impact Fee or credits toward the fee as may be allowed based on the provision of an on site school. All other required public facilities appear to be adequate to handle to proposed development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not expected to create adverse impacts on the natural environment. The proposed development site has been used for agricultural activities in the past and is nearly all cleared. The applicant, through the Planned Development process, has proposed a development plan that provides for the protection of the majority of the remaining environmentally sensitive areas. The applicant will need to obtain permits relating "^r ..d to environmental impacts on the site prior to any construction. These agency's include but are not limited to the Army Corp of Engineers, South Florida Water Management District, and the Florida Fish and Wildlife Conservation Commission. The environmental Impact report indicates that there are a number of wetlands located throughout the subject parcel. In this phase of development, the applicant is proposing to preserve nearly all of the wetlands on site through incorporation into the project design. The applicants submission of this project as a Planned Unit Development affords the maximum amount of existing resource protection while still providing the property owner with the maximum use potential of the project site. 7. Whether and the extent to which the proposed amendment would adversely effect the property values in the area. The proposed development of this property as a 600 unit residential project is not anticipated to have any significant negative effects on the property values of the surrounding area. 8. Whether and the extent to which the proposed amendment would result in orderly and logical development pattern specifically identifying any negative affects of such patterns; While this proposed change in zoning is the first project proposed in the area, it is consistent with the uses anticipated by the County's Comprehensive Plan. Approval of this project will provide for an orderly development pattern for this area. 9. 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 has been determined not to conflict with the public interest and the St. Lucie County Land Development Code. COMMENTS: The developers of the Westchester PUD have submitted a petition for Preliminary Planned Unit Development site plan approval for the construction of a 600 unit subdivision on a 352.98 acre parcel of land, located west of 1-95 and North of Gatlin Blvd. The subject property is currently vacant and/or used for agricultural uses. The surrounding property is also vacant or being used for agricultural purposes. The developers of this project have submitted the required Environmental and Traffic Impact Reports. The Environmental Reports did not identify serious environmental constraints to development of this property. The project site plan cites the areas classified as wetlands as being 34.89 acres. Of these, 33.05 acres are being preserved. The wetlands which are not preserved fall within the extension of Gatlin Blvd. The majority of the existing vegetation on this property is cabbage palms, several scattered oak hammocks are also found in future phases. The developer intends to preserve the oak hammocks and preserve or move the cabbage palms as necessary. The subject property is located west of the existing terminus of Gatlin Blvd. According to the applicant's traffic impact report, the following roadway facilities which are located in the project study area are scheduled for improvements within the Port St. Lucie Capital Improvements Program. %✓ v Airoso Blvd 4-lane divided from Port St. Lucie Blvd to Prima Vista Blvd FY 2000-2001 Gatlin Blvd 4-lane divided from 1-95 to Port St. Lucie Blvd FY 2001-2002 Bayshore Blvd 4-lane derided from Port St. Lucie Blvd to Prima Vista Blvd FY 2001.2003 The applicant's Traffic Impact Report (TIR) indicates that the project will not negatively affect any surrounding roadway links. The applicant has committed to construction of a four lane divided extension of Gatlin Blvd. From its current terminus to the project entrance (approximately one mile). The applicant has also agreed to construct a section of a possible north/south arterial roadway which could ultimately connect to Glades Cutoff Road. On January 18, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition. Following that hearing, the Planning and Zoning Commission voted 5 to 0 with 2 members absent, and 2 members recusing themselves to recommend approval of this petition. On February 15, 2001 the St. Lucie County Planning and Zoning Commission held an additional public hearing on this petition. Following that hearing, the Planning and Zoning Commission voted 5 to 0 with 2 members absent, and 2 members recusing themselves to recommend a minor change in the projects boundaries and to reaffirm their approval of this petition. If approved, this Resolution would grant Preliminary Planned Unit Development approval for this project. If approved the developers of this project will have 24 months to receive Final Planned Unit Development approval for any phase of this project, or the entire project, if the developer so chooses. Staff recommends approval of Draft Resolution 01-010 subject to the conditions attached as Exhibit'N. SUBMITTED � lia Shewch* ommunity Development Director cc: County Administrator County Attomey County Engineer Planning Manager Greg Boggs Jim Zboril r✓ RESOLUTION NO. 01-010 FILE NO: RZ-00-015 A RESOLUTION GRANTING PRELIMINARY PLANNED DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS WESTCHESTER A PLANNED UNIT DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: -QHANQE IN ZONING 1. Westchester Development Company presented a petition, for a change in zoning from AG-1 (Agriculture - 1 dwelling unit / acre) to PUD (Planned Unit Development) for certain property in St. Lucie County, Florida. 2. On January 16, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Port St. Lucie News and the Ft. Pierce Tribune and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that the requested change in zoning from AG- 1 (Agriculture - 1 dwelling unit / acre) to PUD (Planned Unit Development) be granted. 3. On February 15, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Port St. Lucie News and the Ft. Pierce Tribune and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that a minor change to the previously recommended change in zoning from AG-1 (Agriculture - 1 dwelling unit / acre) to PUD (Planned Unit Development) be approved and reaffirmed it's recommendation. SITE PLAN 4. The petitioner is proposing to construct a 600 unit subdivision with recreation and preserve areas and infrastructure in the northwest quadrant of 1-95 and Gatlin, on the property described in Part B below. 5. The Development Review Committee has reviewed the preliminary site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 6. On February 15, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Port St. Lucie News and the Ft. Pierce Tribune and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that Preliminary Development Plan approval for the project known as Westchester - a Planned Unit Development, be granted. File No.: RZ-00-015 March 6, 2001 Resolution 01.010 Page 1 7. On March 6, 2001, this Board held a public hearing on the petition, after publishing a notice of such hearing in the Port St. Lucie News and the Ft. Pierce Tribune and notifying by mail all owners of property within 500 feet of the subject property. 8. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 9. 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. 10. 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. 11. 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. 12. The proposed project will be served by adequate public facilities and services. 13. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Preliminary Site Plan for the project known as Westchester - A Planned Unit Development is hereby, approved as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates, P.A. dated September 15, 2000 and subsequently revised through February 23, 2001, and date stamped received by the St. Lucie County Community Development Director on February 23, 2001, subject to the conditions as outlined in attached Exhibit'N. B. The property on which this preliminary approval is being granted is described as follows: See attached legal description - Exhbit'B' (Location: Northwest quadrant of 1-95 and Gatlin Blvd. C. The aproval of this Preliminary Site Plan is contingent upon the developer obtaining final Planned Unit Development approval within 24 months of the date of approval of this resolution. If Final Planned Unit Development approval has not been obtained within this period, this site plan shall expire on March 6, 2003, unless a Preliminary Site Plan approval extension is granted in accordance .with Section 11.02.06(B), St. Lucie County Land Development Code. File No.: RZ-00-015 Resolution 01-010 March 6, 2001 Page 2 ,%me ..r D. The conditions set forth in Section A are an integral nonseverable part of the site plan approval granted by this resolution. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. E. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice -Chairman Doug Coward XXX Commissioner Cliff Barnes xxx Commissioner John Bruhn xxx Commissioner Paula Lewis xxx PASSED AND DULY ADOPTED this 6th day of March, 2001. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY File No.: RZ-00-016 Resolution 01-010 March 6, 2001 Page 3 `w r5l EXHIBIT `A' WESTCHESTER PUD/PMUD CONDITIONS PRELIMINARY DRAINAGE The developer shall design and construct the stormwater management system in accordance with applicable South Florida Water Management District regulatory criteria. 2. The surface water management system and any required littoral planting zones shall be designed, constructed and maintained in accordance with South Florida Water Management District ERP requirements. EDUCATION 3. All residential development within this project shall be subject to the terms and requirements of St. Lucie County Ordinance 88-16, Educational facility Impact Fees, and as may subsequently be amended. Any contribution toward, or development or dedication of school land or facilities shall be eligible for Educational Impact Fee credit to the extent permitted under the County's Educational Facility Impact Fee ordinance. FIRE/EMS PROTECTION 4. All development within this project shall be subject to the terms and requirements of St. Lucie County Ordinance , Fire/EMS Impact Fees, and as may subsequently be amended. To the extent permitted under the County's Fire/EMS Impact Fee regulations, any contribution toward or development or dedication of land for Fire/EMS facilities may be considered for all or part of a Fire/EMS Impact Fee Credit. GENERAL DEVELOPMENT CONDITIONS 5. General building setbacks shall be as follows; PSL:2941:1 a. Single-family home sites west of the North/South corridor: Minimum lot size: 42'w x 100'd Maximum lot size: 100'w x 125'd Maximum lot coverage: 80% Front setback: 20 feet (15 feet for those homes with a front, side loading garage layout) Side setback: 6 feet (0 feet and 12 feet for zero lot line homes) Side setback (Corner): 15 feet Rear setback: 15 feet (screen rooms/ pool decks and other ancillary structures may be a minimum of five feet from a rear Page 1 of 6 Westchester Condi Ions - Preliminary March 1. 2001 PSL:2941:1 Iftw %aw property line provided that no such ancillary facility interferes with any drainage or maintenance easement) Single family home sites east of the North/South corridor: Minimum lot size: 30'w x75'd Maximum lot size: 100'w x 130'd Maximum lot coverage: 90% Maximum building height: 35 feet Front setback: 10 feet (15 feet for those homes on a perimeter block lot that use a front loading driveway) Side setback (Lots <50' width): 0 feet one side/no openings 3 feet on other side (minimum separation between adjacent structures is 12 feet or structures with less than 12 feet separation shall have automatic fire sprinkler systems) (Lots >50' width): 3 feet (minimum separation between adjacent structures is 12 feet or structures with less than 12 feet separation shall have automatic fire sprinkler systems) Side setback (Corner): 15 feet Rear setback: Lots with rear garage access: 15 feet (screen rooms/ pool decks and other ancillary structures, excluding garages, may be a minimum of zero feet from the property line provided that no such ancillary facility interferes with any drainage or maintenance easement) Lots with front garage access: 15 feet (screen rooms/ pool decks and other ancillary structures, including garages, may be a minimum of zero feet from the property line provided that no such ancillary facility interferes with any drainage or maintenance easement) Minimum alley easement width: 20 feet (One-way alleys) Minimum alley pavement width: 10 feet (One-way alleys) Minimum alley radius: 25 feet in direction of travel C. Multi-Family/Townhome sites east of the North/South Arterial Road Minimum lot size: Variable width/average depth 85 feet Maximum lot size: Variable width/average depth 110 feet Maximum building lot coverage: Variable Maximum building height: 50 feet Front setback: 10 feet Page 2 of 5 Westchester Conditions - Preliminary March 1, 2001 In ..d Side setback between bldgs: Side setback (Corner): Rear setback: Lots with rear garage access: Minimum alley easement width Minimum alley pavement width Minimum alley radius: 20 feet 15 feet 15 feet (screen rooms/ pool decks and other ancillary structures, excluding garages, may be a minimum of zero feet from the property line provided that no such ancillary facility interferes with any drainage or maintenance easement) 20 feet (One-way alleys) 10 feet (One-way alleys) 25 feet in direction of travel 6. Any obligation of Westchester Development Company hereunder shall be assignable to a community development district created by Westchester Development Company for such purpose. HABITATAT, VEGETATION AND WILDLIFE 7. Wetlands identified to be preserved on the Master Plan referenced in Part or as may be delineated in subsequent permitting documentation, shall be retained and/or restored if necessary, and maintained in accordance with South Florida Water Management District permit conditions. Such wetlands shall be protected by conservation easement, deed restriction, or other appropriate legal mechanism, and future maintenance responsibilities shall be assigned to a community development district or other entity approved by the South Florida Water Management District. In the event that threatened or endangered species are found, Developer shall comply with applicable regulations. As part of Final Development Plan Approval, wetlands that are identified to be preserved on the Master Plan referenced in Part or as may be delineated in subsequent permitting documentation, shall be identified by specific numeration. 8. Wetlands identified to be altered, as depicted on the Master Plan referenced in Part _, may be altered to the extent shown with the remaining areas of such wetlands being retained and/or restored if necessary, and maintained in accordance with South Florida Water Management District permit conditions. Such wetlands shall be protected by conservation easement, deed restriction, or other appropriate legal mechanism, and future maintenance responsibilities shall be assigned to a community development district or other entity approved by the South Florida Water Management District. In the event that threatened or endangered species are found, Developer shall comply with applicable regulations. As part of Final Development Plan Approval, wetlands that are identified to be altered on the Master Plan referenced in Part or as may be delineated in subsequent permitting documentation, shall be identified by specific numeration. 9. Wetlands identified to be impacted on the Master Plan referenced in Part _ or on subsequent permits, may be altered to the extent shown thereon. If Page 3 of 6 Westchester Conditions - Preliminary PSL2941:1 March 1, 2001 :r 1.40 necessary, the Developer shall obtain permit approvals to alter/eliminate these wetlands from the South Florida Water Management District and the US Army Corp of Engineers and shall meet all applicable mitigation requirements and standards. In the event off -site mitigation is required, the applicant shall first seek to perform all such mitigation in St. Lucie County. As part of Final Development Plan Approval, wetlands that are identified to be impacted/eliminated on the Master Plan referenced in Part _ or as may be delineated in subsequent permitting documentation, shall be identified by specific numeration. 10. Lakes or canals shall not be excavated within 200 feet of those wetlands, which are to be preserved or restored on the project site, unless otherwise approved by South Florida Water Management District. Any wells in the shallow aquifer shall not be located within 300 feet of those wetlands, which are to be preserved or restored on the project site. South Florida Water Management District must approve any exceptions to this condition. A copy of any South Florida Water Management District permit or other consent addressing this condition shall be provided to St. Lucie County prior to final plat approval. 11. In order to promote maintenance or implementation of predevelopment hydroperiods within the enhanced and/or restored wetlands and within any wetland mitigation areas, final drainage plans shall provide for routing of sufficient volumes of runoff from acceptable sources to the preserved or restored wetlands prior to routing of any excess runoff through the project off -site discharge outfall, in accordance with South Florida Water Management District standards. Control elevations shall be established consistent with the intent to maintain or improve predevelopment hydroperiods within all wetland areas. The South Florida Water Management District must approve the routing of runoff and control elevations as shown on the final drainage plans to achieve the intent indicated above. Copies of the South Florida Water Management District construction permits shall be provided to St. Lucie County prior to final plat approval. 12. The Developer shall plant and maintain a buffer zone of native vegetation around all enhanced, restored, or created wetlands on site in accordance with the requirements of the South Florida Water Management District. RECREATION AND OPEN SPACE 13. All residential development within this project shall be subject to the terms and requirements of St. Lucie County Ordinance , Parks Impact Fees, and as may subsequently be amended. To the extent permitted under the County's Parks Impact Fee regulations, any contribution toward or development or dedication of land for recreational facilities may be considered for all or part of a Parks Impact Fee Credit. Page 4 of 5 Westchester Conditions - Preliminary PSL:2941:1 March 1, 2001 �%. 1VAW ROADS IMPACT FEES 14. All development within this project shall be subject to the terms and requirements of St Lucie County Ordinance , Roads Impact Fees, and as may subsequently be amended. Any contribution toward, dedication or development of road right of way or facilities, including but not limited to all dedications or improvements in roadway capacity that exceed the need to provide safe and adequate access for the project shall be eligible for Roads Impact Fee credit to the extent permitted under the County's Roads Impact Fee Ordinances. 15. Westchester Development Company may apply any credits from transportation impacts mitigated by Westchester Development Company for the Phase I PUD/PMUD in excess of the needs of the Phase I PUD/PMUD toward transportation impacts generated by development of adjacent properties owned by Westchester Development Company. TRANSPORTATION 16. Gatlin Boulevard west of 1-95 shall be designed as a primary public access route extending from its current terminus to the proposed traffic circle at the intersection of Gatlin Boulevard and the unnamed north/south corridor. Design and construction of the roadway shall meet all requirements of St. Lucie County and the Florida Department of Transportation (FDOT). 17. The proposed traffic circle and unnamed north/south corridor, as shown on the site plans referenced in Part _, shall be designed as a primary public access route. Design and construction of the roadway shall meet all requirements of St. Lucie County and FDOT. 18. An emergency/temporary access shall be provided to the Westside Residential prior to the issuance of the 250th Certificate of Occupancy for a residential unit in the Westside Residential area. 19. To the extent practical, and based upon the transportation development and service plans of the local transit providers, the final development plans for the area referred to as the Westchester PMUD/PUD shall consider the inclusion of dedicated transit stop and areas in its final project designs. WASTEWATER 20. All wastewater within the Westchester PMUD/PUD shall be connected to a central wastewater treatment service, except that temporary buildings shall not be required to connect to a central wastewater treatment system until such time as one is made available to the temporary building site or otherwise required by the St. Lucie County Public Health Unit. For the purpose of this development order, temporary buildings shall be those used in connection with construction activities, models, buildings used in connection with agricultural uses, and any Pogo 5 of 6 Westchester Conditions - Preliminary PSL:2941:1 March 1. 2001 \.+ n other buildings that may be so excepted by the St. Lucie County Code. WATER SUPPLY: POTABLE AND NONPOTABLE WATER 21. All potable water within the Westchester PMUD/PUD shall be provided by a central potable water system, except that temporary buildings shall not be required to connect to a central water system until such time as one is made available to the temporary building site or otherwise required by the St. Lucie County Public Health Unit. For the purpose of this development order, temporary buildings shall be those used in connection with construction activities, models, buildings used in connection with agricultural uses, and any other buildings that may be so excepted by the St. Lucie County Code. 22. The primary source of irrigation water shall be water derived from the surface water management system of lakes supplemented by wells as permitted by the South Florida Water Management District. No withdrawals from lakes shall be permitted which would adversely affect wetlands required by this development order to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development. At the time of water use permit issuance or renewal, the developer shall comply with applicable South Florida Water Management District rules and criteria for permit issuance, which criteria may in the future require the use of reclaimed water. 23. To the maximum extent consistent with wetland protection, surficial aquifer wellfields serving the Westchester PMUD/PUD shall be located such that principal land uses within the cone of influence of such wells are open space, preserve, or residential area. In no case shall development, which would use, handle, store, or produce hazardous or toxic materials, occur within the cone of influence (i.e., one foot drawdown area) of a surficial aquifer potable water supply well, unless such use, handling, storage, or production is consistent with binding wellfield protection regulations. Page 6 of 6 Westchester Conditions - Preliminary PSL:2941:1 March 1, 2001 '09-M ."w Exhibit B / PUD Being a parcel of land located in Sections 8, 9, 16, & 17, Township 37 South, Range 39 East, St. Lucie County, Florida. Said parcel being more particularly described as follows: Begin at the intersection of the centerline of Gatlin Boulevard, (also being the North line of Section 15) and the Westerly limits of Gatlin Boulevard Right -of -Way and the Westerly limits of those lands described in an Order of Taking, dated July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, Florida, and as shown on the Florida Department of Transportation Right -of -Way maps for State Road #9 (1-95), Section 94001-2412, dated 6/2/77, with last revision of 9/11/79;thence S 89°57'05" W along said centerline a distance of 2815.40 feet to the Point of Beginning; thence continue S 89057'05" W, a distance of 4508.78 feet; thence N 00°00'00" E, a distance of 2482.51 feet; thence N 87016'17" E, a distance of 196.14 feet; thence S 76°31'44" E, a distance of 48.81 feet, thence N 14012'12" E, a distance of 40.00 feet to the beginning of a non -tangent curve concave to the Southwest, having a radius of 1950.00 feet; the chord of which bears S 68058'33" E; thence along the arc of said curve through a central angle of 13°38'31 ", a distance of 464.29 feet; thence N 27011'31" E, a distance of 100.00 feet; thence S 58°08'06" E, a distance of 492.35 feet to the beginning of a tangent curve concave to the North, having a radius of 950.00 feet; thence along the arc of said curve through a central angle of 42°28'21", a distance of 704.22 feet; thence N 32046'15" E, non -tangent to last described curve, a distance of 33.95 feet; thence N 12°20'57" W, a distance of 315.54; thence N 78°49'36" E, a distance of 214.11 feet; thence N 84°52'28" E, a distance of 300.55 feet; thence N 14009,53" W, a distance of 242.58 feet; thence N 52°27'35" E, a distance of 39.61 feet; thence N 29°13'49" W, a distance of 280.04 feet; thence N 07013'39" W, a distance of 222.22 feet; thence N 03°00'l2" E, a distance of 59.95 feet; thence N 04054'56" W, a distance of 221.93 feet; thence N 17051'33" W, a distance of 60.24 feet; thence N 35024,06" E, a distance of 74.68 feet; thence S 70038'31" E, a distance of 91.16 feet; thence S 78'08'31" E, a distance of 187.63 feet to the beginning of a non -tangent curve concave to the Southeast, having a radius of 161.90 feet; the chord of which bears N 63040'43" E; thence along the arc of said curve through a central angle of 65049'09", a distance of 185.99 feet to the beginning of a non -tangent curve concave to the Southeast, having a radius of 650.00 feet; the chord of which bears N 31'39'20" E; thence along the arc of said curve through a central angle of 26°41'20", a distance of 302.78 feet; thence N 45°00'00" E, tangent to last described curve, a distance of 1134.06 feet; thence S 45000,00" E, a distance of 636.49 feet to the beginning of a curve concave to the Southwest, having a radius of 2900.00 feet; the chord of which bears S 35041'31" E; thence along the arc of said curve through a central angle of 45014'09", a distance of 2368.53 feet; thence S 00°14'09" W, a distance of 2059.65 feet to the Point of Beginning. Containing 352.98 acres, more or less. 11#A.. '"W Mr. Kelly stated that he would like to explain the process of a Planned Unit Development, so that everyone would understand what it is before the item is presented. He explained that there are three types of planned developments in St. Lucie County, A PUD (Planned Unit Development), which is a purely residential development. A PNRD (planned Non -Residential Development) and a PMUD (Planned Mixed Use Development), which are the first three sections el Chapter 7 of the Land Development Code. He stated that the Westchester Development Company would be presenting two of the three types, which area PUD on roughly half of the property and a PMUD on the other half. The purposes of the three types are all the same, except for the substitution of the words residential, mixed use, and non residential, which are to achieve land development of a superior quality through encouragement of flexibility and creativity in design. A planned development of any type consists of a rezoning and a site plan. It allows the developer to present and seek approval for new or creative concepts and allows for design options that are outside the four comers of St. Lucie County Land Development Code. He explained that an example that he often uses, but is not like the one presented at this meeting, but a zero lot line development. The Land Development Code requires a side setback in every case for a straight rezoning. If a developer should wish to bring up something completely different it may be presented through this means. If it is approved it becomes that property's zoning with it's own set of standards for that zoning. The process is actually three -fold. There is a preliminary PUD approval and a final approval. The preliminary is considered the Planning and Zoning Commission, which is the purpose of these two petitions this evening. The preliminary will then go before the Board of County Commission and then will go back again to the Board of County. Commissioners for final . approval. If the final approval is substantially like the preliminary, then the County Commission has some obligation to approve the petition. January 18, 2001 page 3 %aw The responsibility of the Planning and Zoning Commission is to look at the zoning side of this. He explained that this board does not really spend much time looking at site plans. The site plans are left up to the County Commission. He explained that this board would need to know enough about the site plan in order to decide of the appropriateness of the zoning. He stated that this board will see a few site plans and some issues, but the ultimate job is to make sure this is an appropriate place for the number of residential units and amount of non-residential type zonings that will be seen. It is not the job of this board to decide on the overall details, even though they will be brought up to decide the impacts of the zonings. He asked if there needed to be more detail explained on these definitions and duties. Mr. Kelly stated that this evening there would be two separate petitions for Westchester. There is a Planned Unit Development, which is the residential component and a Planned Mixed -Use Development, which is the eastern portion of the project that includes residential, civic site, commercial, office sites, and some concepts that are not often seen in St. Lucie County. As a general description the entire project is located at the Northwest quadrant of Interstate 95 and the Gatlin Boulevard extension. He explained it is primarily proposed to be on converted farmland. He stated that there is not a great deal of environmental impact part of a much larger parcel and staff believes that the developer will ultimately come back for additional approval. If that should occur it would at that time trip thresholds and become a Development of Regional Impact and there will be more review of the development. The proposal is to extend Gatlin Boulevard from its current terminus to a traffic circlet then turn to the north on a North south roadway, which would be primary access in to the project. That roadway in the future could possibly connect to the Glades -cutoff Road in the future. The PUD portion is to the west of that road and the PMUD is to the east. Staff is still working with the developer on a number of issues. Even as late as yesterday there was a meeting. He explained that the school site that is seen in the documents. He stated that particular area will be a called a civic site. The developer is working with several entities to try to figure out how to provide a school site. They have not been able to provide any details to staff. He stated that changing the title to a Civic Site is probably a more accurate term, due to the fact that it was intended to be a building with multiple uses. He explained there are still on going negotiations with the City on the capacity of the roadway and other developers involved in that area. Mr. Kelly explained that in the proposed conditions that were provided separately there were setbacks and staff is still working out the setbacks with the developer. He stated three major concerns and there are many concerns in the fifty proposed conditions that are being negotiated. Mr. Kelly stated that there are a few he will go over in this evening's meeting. He does not feel the entire list should be part of any motion this evening. He will only go over the conditions he feels are important. He would like to mention that it is staffs belief that this will ultimately be a DRI and the fact that staff wishes to begin working with the developer to make sure all of the DRI issues are ultimately answered and that is why there are fifty proposed conditions. He doe$, not feel that at a preliminary PUD and PMUD hearing they are necessary to be imposed in this board's recommendation to the County Commission. January 18, 2001 page 4 *W Mr. Kelly stated that the parcel is fairly irregularly shaped and as the plans are reviewed later the shapes will be more understood. He stated that there would be two petitions reviewed this evening and will require separate motions and public hearings. It is his experience and to most of the seasoned board members that it is not possible to separate the comments. He recommends a general discussion and before it is done open two different public hearings and make two different motions. Mr. Kelly stated the PUD (Planned Unit Development) is on the North side of Gatlin and West of Interstate 95 with a current zoning of AG (Agriculture). The proposed new zoning is PUD. The parcel is approximately a little over 373 acres. The proposed use is 600 single-family lots with the associated infrastructure, recreational uses and open space requirements. Staff has reviewed the project and finds that it meets the applicable standards and before the meeting is over if nothing changes staff will make a recommendation for approval. In Item #6 of the report states that the applicant is proposing to preserve all wetlands on this site. This is a little bit inconsistent with the comment, which indicates the development is preserving 33.05 of 34.89 acres. He would like the developer to come forward and give his presentation so that the board can become familiar to the feel of the development. Mr. Grande asked if the correction of the wording about the inconsistency in the preservation of the wetlands would be corrected. Mr. Kelly replied in the affirmative. Mr. Grande asked the reasoning for the density comparisons to the Future Land Use as opposed to current zoning. Mr. Kelly stated that it could be done either way, but the applicant could easily be requesting an RS zoning or something like that. The purpose of reviewing rezoning is to make sure that there is consistency with the Comprehensive Plan. This is an increase in the existing zoning but completely consistent with the Comprehensive Plan. Mr. Grande asked if the conditions were worked out through negotiation with staff and the developer. Mr. Kelly replied that ultimately they will be, but the conditions distributed to this board were written by staff and given to the developer at the same time the board received them. There has been some discussion on some of them at a meeting yesterday. They have some problems with some of them and are others that are not problems. At some point in the evening he will point out the ones that should be imposed in the motion at this preliminary meeting, such as infrastructure and impact fees. 44 Mr. Hearn asked where the urban service boundary currently located. Mr. Kelly replied on the western edge of the property. January 18, 2001 page 5 :'�.; �T't�'dn���iij<�stuYrx, � -.:: i ,-. ..< - .. ....: '.-fiF � .•Y--': ...: '%w `we Mr. Hegener introduced himself as the President of St. Lucie West Development Company and the President of Westchester Development Company. He stated his purpose of his presentation is to give a quick introduction to the Concepts for Westchester. He would like to take a brief moment to give a little bit of background to the planning of this major master plan community. In early 1999 his company convened a planning charrette where members of the County and City Planning Staff, Engineering Firms, Architects, Environmental Consultants, and the St. Lucie West planning staff. The purpose of this was to define issues that could be dealt with in the overall design of a new community. The first problem that came up in St. Lucie County was a need for a corporate park. In St. Lucie West there is a small industrial park, small office park, and a distribution business. As the discussions come up of generating Economic Development and higher paying jobs there needs to be discussion of a corporate park in this county. In order to have a location with high tech telecommunications in a campus setting on enough land. This type of location will attract the type of employer that produce high wages. Two things generate this need: 1.) There is no such facility in this county. 2.) There is a social issue, large unemployment rate and a relative rate of low household income. This is to provide a place that is one portion of an economic development for that employer to be located. He explained that out of this meeting came the need for a corporate park. As a compliment to the corporate park came the need for a civic site that would provide pedestrian access to everything and be attractive to a corporate employer. This is what became the idea of a civic site that could contain a school, some recreational uses for the community, and medical uses. He explained that such civic site to house multiple uses such as explained has become extremely complex. There have been discussions with the School Board and others on how to make this operational. The housing components presented at this meeting are devised in to two types. One is for the families that are anticipated to be employed by this corporate park and allow pedestrian access to the community facility and employment area, as well as a more traditional component of housing. Each housing type will be linked by pedestrian pathways, this making it easy to go to a small retail area to walk to the community facility and employment area That is the overall concept of Westchester. Mr. Hegener stated he would like to say that his company is extremely proud to be involved with St. Lucie County. He believes St. Lucie West sets a very good example of the types of things that can be done. He believes Westchester is an opportunity to design something brand new. He introduced the Vice -President of Westchester to walk the board through the initial phase of Westchester. LL January 18, 2001 page 6 Mr. Zboril stated that the reason for the two different zonings being requested was something that came up while working with staff. The western area of the property was more appropriate for strictly residential uses and the eastern portion would have mixed uses. He would also like to state that this will be a DR] and they will come back for subsequent approvals. The reason is this development is being allowed pursuant to State Statute 380.032 which allows for development agreements with Community Affairs. This development agreement allows them to commence a certain amount of development underneath a threshold. They are seeking the amount that is permitted underneath the multiple use threshold of the DRI process. As a result of the agreement with Community Affairs they will be agreeing with them that they will be performing a pre - application conference with the TCRPC and other interested parties with the permitting office with in 45 days. Additionally, there will be an agreement to submit an application for a Development approval within 6 months of the execution of that agreement. He stated they are consistent with the Comprehensive Plan. He stated that there are no adverse transportation impacts associated with this amount of development being reviewed at this level. Staff has reviewed the transportation analysis that has been prepared. As indicated by staff there will be some infrastructure provided to the site at the intersection of Gatlin Boulevard and the creation of a North/South Road. There is a letter of agreement executed to the City of Port St. Lucie regarding Gatlin Boulevard East of Interstate 95 and has been approved by the City staff and his scheduled to go before the City Council for approval. That agreement allows for the developer to reserve a certain amount of capacity of Gatlin Blvd, which means about 9,500 trips. It allows the city to receive some transportation impact fees from the developer and allow the City to complete a six -lane improvement on Gatlin Blvd from I-95 to Port St Lucie Blvd. He stated that with regard to the environment and that specifically there are about 5 to 6 acres of wetland impacts of the 40 acres of wetlands in the first phase of the development He explained that the majority of that impact is 50% with the expansion of Gatlin Boulevard. The site was used as a sod and cattle farm for over 50 years. Thereare no on site uplands with native vegetation in the first phase, nor are there any endangered or threatened plants. The wetlands there have been impacted by the years of agricultural and open canal draining system. Mr. Zboril explained the phase one pattern of development is the more conventional cul-de-sac type of development. They feel this is an appropriate development to minimize the impact of the system. The wetlands in this area will be made a part of a 90-acre recreation and reserve area. That recreation and reserve are will have trails that will go through it to link over to the next side and in to more pedestrian paths. The other side will have more grid like housing. This type of housing was felt to be more- conducive to the area for the mixed use. They are also seeking the approval for about 75,000 square feet of offices and another 75,000 square feet of commercial and retail. The office is the initial part of the corporate park that was previously mentioned. The retail and commercial is thought of to be as a village center to support the residential units that are there. That would include such uses as Westchester's sales and marketing offices, a coffee shop, and restaurants. There is a request for density that is significantly less than what could be there with the underlying land use. He explained that this is for phase one only and it is currently standing alone. Mr. Trias asked to define the corporate park and how the future development works. January 18, 2001 page 7 *ftvl .,IO Mr. Zboril replied that the future plan is that all along I-95 will be a corporate park. Due to threshold issues they can only seek approval for 75,000 square feet located on 7 to 8 acres at this time. He stated that through the Dept of Community Affairs there is a density and intensity type threshold and an acreage threshold. Mr. Trias asked why that would be done before DRI approval and what is the advantage. Mr. Zboril replied the main reason is because they are low in the land inventory at development in St. Lucie West for residential projects. He explained that they need some more residential projects to keep the buyers happy. Mr. Jones asked if the streets in the PUD portion going to be private or public. Mr. Zboril replied they would both be private. Mr. Jones asked how that would work with the pedestrian access through that area. Mr. Zboril stated that they envision submitting to the County applications for a Community Development District. Mr. Grande asked if there was annexation anticipated in to the City at the earliest point possible. Mr. Hegener replied that the property is located in St. Lucie County. The St. Lucie County Land Development Code and Comprehensive Plan provides for the uses that will be there. They wish to continue the working relationship with the County, even though St. Lucie West is in the City of Port St. Lucie. Mr. Grande stated the utilities would be provided by the City of Port St. Lucie and quite frequently those agreements need annexations. Mr. Heam stated he has a concern about the assurances of the building of the multiple use building and the completion of that before a certain phases are completed. He asked if that would be part of conditions from staff. Mr. Kelly replied that it is aconcem of staff. He stated it is also a concern of the developers, because without those things the community described does not fully exist. He explained that this evening is more for a general review and consider the appropriateness of having it there without putting a hard time line on it. The negotiations are still going on and it would be very difficult to tie a time line to it. Mr. Hearn stated his concern is that issues like this have come up in the past. January 18, 2001 page 8 !,.'..r Xa'+4r.Yit i .y. vy. e^f :::ti -iRv �Jq�„t`Rvu?h.+144a"'.tc''.'�.'.+°`j4'.'��Fl y. R Mr. Kelly stated what this board can do is recommend to the County Commission to try and put a time -line on it. He explained that by that time the developer would have had the opportunity to work out a lot of the issues. Mr. Hearn stated he is not sure how to maintain the building zero lot line. If there is painting or repair work that needs to be done. Chairman Matthes asked the applicant to come forward and express different communities that exist with the same approach. Mr. Zboril stated that the minimum lot size for anything proposed residential is 30 x 85 in a range of 85 to 135 on the depth and 90 on width. There are not provisions for zero set backs on two units. If there is zero on one side then there is a setback on the other side. Mr. Hearn asked if the resident would have to trespass on the neighboring property to do repairs. He would like to know what the plans are to take of that type of situation. Mr. Hegener replied that zero lot line projects would apply for an easement or get access by neighbors. They will provide in the final documentation a Home Owner Association documents, design criteria, and an outline to show how that will work. Mr. Grande stated that for Mr. Heam's benefit there are a number of communities that have that type of partial zero- lot line on one side. Currently on island it works extremely well. There have never been any problems maintaining the face on the zero lot line side. It is well cared -for is the association documents. Mr. Grande asked why on condition #45 is staff reserving the right to move 100 units from one side to the other. Mr. Hegener replied that there were some market flexibility. They needed the ability to . determine exactly where the market is going to go during the phasing of the project. Mr. Grande stated going from East to West from the less dense residential to the more dense residential area indicates that the residential would have to be expanded at the cost of retail or commercial on the east side. Mr. Zboril stated that they are seeking approval for a variable lot size configuration based upon builder and buyer preference. He stated that there are land areas that are allocated a certain number of units. Those units may be reached before the land area is exhausted before a certain set of assumptions. Those land areas may be exhatged based on all the units are used up based upon the maximum lot sizes, thus meaning they will run out of land before they run out of lots.., January 18, 2001 page 9 Mr. Kelly interjected and stated that staff wished to speak with board about condition #45. Staff is going to recommend the transfer can go either way. The total project is still capped at 800 total. If on either side the market demand was for the very smallest of the lots then there would be additional land available on whichever side. The impacts of this phase are the 800 units and the intent of condition #45 and the modification to go either way is to cap the number of units at the total of 800. It started with the transfer to the east, but as discussions went on it became apparent it could work the other way as long as the total number of units stayed constant. Mr. Lounds asked if the commercial area was not as absorbed as quickly as hoped, he would like to know if it is possible to take the commercial area that has been set aside and change it in to residential. Mr. Kelly replied that the intent was not to change any of the boundaries between the residential and non-residential uses. The street pattern is proposed with variable lot widths. If something in the market dictates the average lot width, it probably uses the land up with the 200 units. Therefore the uses will not change from residential to non-residential or vice versa. Mr. Trias asked why they would build with this idea other than what they have previously track record. Mr. Hegener replied that nationally and regionally are observing younger families with the offices in the home. There is a need being seen for this type of neighborhood, because it is . attractive to those types of families. These types of communities on the east side will be seen with mini -vans and sport utility vehicles as opposed to what may be seen in other areas. They feel this is an attractive package. - Mr. Grande asked if one side could lay dormant if the transfer of density took place. Mr. Kelly stated that it could happen even without the transfer of the density either way. He explained that when he comes back in front of the board in the future is when that will be dealt with as far as the transfer. Mr. Merritt would like to hear the rest of the presentation. Mr. Kelly stated that he onlyspoke of the PUD only.and Mr. Zboril spoke in general of the whole project. The PMUD is generally located immediately East of the PUD and the North South road and the zoning is AG-1 and the proposed PMUD Zoning District and the Land Use designation is RU. There are 185 %: acres in that parcel with the proposal of 200 units with associated infrastructure. The infrastructure includes 153,500 feet of commercial retail and offices. There is a recreational facility in that there still needs some work. In the PMUD side there will be the civic site and a smaller civic site, de're are areas for retail and commercial and a rather large lake that is part of the retention area. There is a grid pattern for the residential area. There will be a need for 2 different public hearings for each side. January 18, 2001 page 10 .. "vW u' �'4�`�. } r e =;4a�' '�'�-zi 44�'wy. �'� • F` khs�Nkh.;+.�a� Mr. Heam asked why they are separate and not combined. Mr. Kelly replied because of open space requirements for maximum amount of residential and non-residential within the PMUD. In order to make it all fit it worked out this way. The PUD western portion is much more of traditional PUD project in itself. Chairman Matthes opened the public hearing for the zoning change to the PUD. There being no one the public hearing was closed. Chairman Matthes opened the public hearing for the zoning change to the PMUD. There being no on the public hearing was closed. Chairman Matthes asked if there were any other questions for staff. Mr. Lounds asked Mr. Zboril if they were trying to get this like the Heathrow Development in Northern Florida. Mr. Zboril stated that that market would probably dictate that. Mr. Kelly stated that he is going to point out the conditions that staff really feels that needs to be addressed. He stated that #4, 5, and 6 talk about wetlands and there is a lot of verbage in those. Staff wants to assure that the appropriate agencies look at the wetlands and that they are treated in a lawful manner. He stated that #18 is the condition that authorizes the developer enter into agreements for their potable water sources and authorizes. City of Port St. Lucie, St. Lucie West District, or through a Community Development District create an onsite system. He would propose #18-a that would say nothing will happen if they do not have potable water. This is a kind of concurrency condition that will be similar to #24, which is the wastewater. He explained that #25 has changed in to a civic site instead, but it indicates the developer. will be subject to educational facility impact fees. Then #27 gives the developer an out stating that if he would construct a school or dedicate a school site then he would be eligible for credit to impact fees. He explained that there was the same situation with recreation and open space the developer will be subject to impact fees. Then #29 should stay there with at least the 40% on the west side which is part of the code. He stated that #31 which obligates the developers to pay the environmental impact fees as they may be amended All impact fees have the clause for amendment. There are conditions # 43 and #44 obligate them to pay transportation impact fees or a credit can be worked out with the City. Then #48 requires final development plans and architectural guidelines. These are the conditions that staff recommends as conditions. The ones that were not mentioned are not recommended at this time. Chairman Matthes asked the developers if this was {$ the realm of their plans or will their be something to be discussed. January 18, 2001 page 11 Mr. Zboril stated they are fine with conditions pointed out by Mr. Kelly. He would like to ensure that the conditions regarding the habitat, wildlife, and vegetation track with the conditions imposed by South Florida Water Management and the Army Corps of Engineers. That there are no additional burdens created in seeking those approvals. Mr. Kelly stated that was the intent in conditions #4,5, and 6. Ms. Dreyer, attorney representing the applicant, stated the intent of the conditions and the concerns that staff has for these conditions. She stated that the conditions may be subject to some further refinement and language clarification prior to the Board of County Commission meeting with that understanding the conditions are acceptable. Mr. Grande asked if there are any of the fifty conditions that could be a problem at this point. Ms. Dreyer replied that there has not been enough time to thoroughly review these conditions and a number of them will need to be considered during the DRI process, whether they are appropriate for the first phase of this project is something staff recognizes. Ms. Lounds asked if it is Ms. Dreyer and staffs understanding that local concerns do not supercede the Army Corps of Engineers or Drainage district rulings on wetlands. Ms. Dreyer stated that they understand that wetlands are determined by the water management district and the federal government. Mr. Aiken asked staff if changing the language to say "civic" site, instead of school site change any of the condition. Mr. Kelly replied that it will change #26 since there are still education facilities imposed on all new structures in St. Lucie County. Mr. Hearn asked if on condition #8 what does the word sufficient mean in that language. Mr. Murphy replied that the conditions that are being seen are structured from existing development orders in the county of DRI nature. The terminology used refers to other permitting agencies. The terms sufficient routing would imply that it has to satisfy South Florida Water Management criteria. The language is more to the point of putting people on notice that there are things that need to by complied with and need to be identified at the preliminary phase. These will be furthered refined at some point in a year from now. Mr. Hearn asked about condition #9 and how wide does the buffer zone required to be. January 19, 2001 page 12 arR) TIiS^1e+�f'. .21,.0 .La-�i'�m,P 4a ONA Mr. Murphy replied that the plans show currently 25 feet but the ultimate determination of that will be that buffer zone requirements of the county and through the Environmental Resource Permitting criteria. Then the criteria will be 15 feet in the minimum. There will probably be some different variations before it said and done. After discussion of the various conditions and a motion to include all the conditions, which was discussed and withdrawn, Mr. Grande indicated that he believed the conditions to be inappropriate at this time. Mr. Grande moved for approval of the Planned Unit Development Mr. Lounds seconded the motions. Upon a roll call vote the motion was passed unanimously. Mr. McCurdy moved for approval of the Planned Mixed Use Development to known as Westchester. Mr. Lounds seconded the motion. Upon a roll call vote the motion was passed unanimously. 44 January 18, 2001 page 13 ,%W ,"W PLANNING AND ZONING COMMISSION REVIEW: 1/18/01 File Number PUD-00-011, RZ-00-015 and MJSP-00-009 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager DATE: January11, 2001 SUBJECT: Application of Westchester Development Company, for Preliminary Planned Unit Development approval for the Project Known as Westchester - PUD, and for a Change in Zoning from the AG-1 (Agricultural — 1 du/acre) Zoning District to the PUD (Planned Unit Development - Westchester) Zoning District. LOCATION: North side of Gatlin Boulevard immediately west of the 1-95 Interchange, approximately one mile west of the intersection of Gatlin Boulevard and Brescia Street. ZONING DESIGNATION: AG-1 (Agricultural Residential 1 — du/acre) PROPOSED ZONING: PUD (Planned Unit Development — Westchester) LAND USE DESIGNATION: RU (Residential Urban) PARCEL SIZE: 373.06 acres PROPOSED USE: 600 Single -Family lots with associated infrastructure, recreational uses and required open space. SURROUNDING ZONING: AG-1 (Agricultural —1 du/acre) to the north, south, east, and west. SURROUNDING LAND USES: RU (Residential Urban) to the north, south and west; and MXD Gatlin Boulevard to the east. FIREIEMS PROTECTION: Station #10 (777 SW Dalton Road), is located approximately 5 miles to the east. UTILITY SERVICE: Port St. Lucie Utilities or St. Lucie West will provide water and sewer services. 1�kw './ January 9, 2001 Page 2 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Petition: Westchester PUD File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 See Comments See Comments 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 determinations: Whether the proposed rezoning is In conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. The application for Preliminary Planned Unit Development (PUD) approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been determined to meet all applicable standards of review. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed amendment would be consistent with all elements of the St. Lucie County Comprehensive Plan. This change in zoning will, for example, allow the applicant to develop the subject property in a manner that encourages innovative use of land. This Planned Unit Development (PUD) will result in a lesser density than that which would be allowed under the current future land use designation. There are 600 single-family lots proposed for construction within the Westchester PUD. If the subject property were developed at its maximum residential density, 1865 dwelling units would be possible. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; 4%w .d January 9, 2001 Petition: Westchester PUD Page 3 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 This proposed change in zoning and the accompanying Preliminary Planned Unit Development site plan have been determined to be consistent with the general land uses in the surrounding area. The Future Land Use Maps of the St. Lucie County Comprehensive Plan indicate that the petitioned property is suitable for development at a density of 5 dwelling units per gross acre. The proposed development indicates a gross density of 1.61 dwelling units per acre. 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. 5. Whether and the extent to which the proposed amendment would result In demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan, which is tied to this rezoning, is expected to create additional demands on all public facilities in this area. As the proposed development is located within the service area of the Port St. Lucie Utility Department, the applicant was required to provide sufficient documentation stating capacity was available to meet the needs of the proposed project. The Port St. Lucie Utility Department has provided a letter stating that sufficient water and sewer service is available to support the proposed development. The developer is currently working with the city to secure this service. Water and sewer service are also available from St. Lucie West. The subject property is located west of the existing terminus of Gatlin Boulevard. According to the applicant's traffic impact report the following three roadway facilities, which are located within the project study area, are scheduled for improvements within the Port St. Lucie Capital Improvement Program (CIP): Airoso Boulevard 4-lane divided from Port St. Lucie Boulevard to FY 2000-2001 Prima Vista Boulevard Gatlin Boulevard 4-lane divided from 1-95 to Port St. Lucie FY 2001-2002 Boulevard B a y s h o r e 4-lane divided from Port St. Lucie Boulevard to FY 2001-2003 Boulevard Prima Vista Boulevard The applicant's Traffic Impact Report (TIR) indicates that the proposed project will not negatively affect any of the surrounding roadway links. The applicant has stated within the Traffic Impact Report (TIR) that they will commit to constructing that portion of Gatlin Boulevard as a four lane divided roadway from 1-95 to the projects entrance, a distance of approximately one -mile. v . .i January 9, 2001 Petition: Westchester PUD Page 4 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 In addition, the applicant will construct a section of a new north/south arterial roadway which will ultimately connect to Glades Cutoff Road. This additional arterial will be a 4- lane facility and intersect the southern property line at Gatlin Boulevard, approximately one mile west of 1-95. Further, the applicant is proposing to construct a new north/south collector road as part of the proposed development. This collector roadway is proposed to be located approximately �/2 mile west of 1-95. This collector roadway facility will provide direct access to a proposed school, a portion of the proposed residential development and all proposed commercial uses. The proposed development will provide approximately 185.5 acres (49.72% of the site) as open space. This open space includes the 13.73-acre recreational facility and 79.45 acres of common area. In addition 33.05 acres of wetlands will be incorporated into the site design and 59.27 acres of lakes will be constructed within the design. The proposed development will address its impact on the school district through the provision of a 12.38 acre school site and /or the construction and operation of a school on a 54 acre site within the Planned Mixed Use (PMUD) Development area which is located to the east of this PUD. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant through the PUD (Planned Unit Development) approval process, has proposed a development plan that provides for the protection of environmentally sensitive areas. The applicant will need to obtain all permits relating to environmental impacts on the site prior to any construction. These agencies include but are not limited to the Army Corp of Engineers (ACOE), South Florida Water Manageme w District (SFWMD) and the Florida Game and Freshwater Fish Commission. The environmental impact report (EIR) indicates that there are a number of wetlands located throughout the subject land parcel. In this phase of development, the applicant is proposing to preserve all of the wetlands located on the land parcel. This will result in no net loss of wetlands for this development. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed zoning designation would result in an orderly and logical development pattern. The development is within the urban service boundary west of the 1-95 Interchange along Gatlin Boulevard west of Port St. Lucie. The logical growth pattern within this area will allow for the development of this project as an integrated January 9, 2001 Petition: Westchester PUD Page 5 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 development with residential and required service components. In this manner, the applicant is proposing to incorporate a portion of the smart growth ideas into the design of the overall project. There will be two sections developed within Phase I of the overall development. The first section is the 600 unit PUD considered in this petition. The second section is a Planned Mixed Use development (PMUD) which incorporates 200 residential units along with commercial and civic 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, Westchester Development Company,.is proposing the development of the phase one of an integrated project which will include residential, commercial and civic uses. This petition covers the Westchester PUD, a 600 unit single-family residential subdivision identified as "Westside" in the attached plans. The total phase one project is 581.63 acres divided into this 208.57 acre Planned Mixed Use Development (PMUD) and a 373.06 acre PUD which is the subject of this petition. The PMUD will be considered as a separate but related project. As a PUD (Planned Unit Development), the project proposes to develop the subject property with some flexibility, such as establishing area and yard standards which are different from those required in the standard zoning districts, and the ability to cluster dwelling units to protect environmentally sensitive areas on site. The developer is thus able to reduce the environmental impacts on the property to a greater degree than with more conventional development. The proposed development will preserve 33.05 acres of the 34.89 acres of existing wetlands found on the site. Section 7.01.03(1) of the St. Lucie County Land Development Code requires that 35%(130.57 acres) of the site must consist of open space, a minimum or 15% (19.58 acres) of which must be native upland habitat preserved in its natural condition. The planned development maintains 49.72% of the project area in open space. Wetlands account for 33.05 acres (8.9%), the recreation tract is 13.73 acres (15.8%), common open space is 79.45 acres (21.3%), and lake features are 59.27 acres (15.8%). The remainder of the project consists of those areas designated for residential development. The open space calculations do not include any front, side or back yards. Staff has determined that the proposed zoning designation and the Preliminary Planned Unit Development site plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. This development will be at a density below what is permitted by the 0 January 9, 2001 Petition: Westchester PUD Page 6 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 Future Land Use Designation of this property. In considering any approval actions, staff recommends that you forward Resolution attached with this petition to the Board of County Commissioners with a recommendation of approval subject to the conditions found in said resolution. Please contact this office if you have any questions on this matter. Attachment cs cc: Westchester Development Company Greg Boggs, Thomas Lucido & Associates File Section 3.01.03 Zoning District Use Regulations 3.01.03 ZONING DISTRICTS A. AG-1 AGRICULTURAL - 1 Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses a. Agricultural production - crops (o+) b. Agricultural production - livestock & animal specialties (0e) C. Agricultural services (or) — d. Family day care homes. (9s) 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. (see) f. Fishing, hunting & trapping (os) g. Forestry (oe) h. Kennels. (02e2) I. Research Facilities, Noncommercial (e733) j. Riding stables. (rase) k. Single -'family detached dwellings. (ees) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Agricultural labor housing. (see) Adopted August 1, 1990 94 Revised Through 0a101100 Om Section 3.01.03 Zoning District Use Regulations b. Aircraft storage and equipment maintenance. (4MI) C. Airports and Flying, landing, and takeoff fields. (4901) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (422114222) f. Gasoline service stations. (55 11 g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals (292) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (24) Mining and quarrying of nonmetalic minerals, except fuels. (14) Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel & accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) 1. Telecommunication Towers - subject to the standards of Section 7.10.23 (999) M. Camps - sporting and recreational. (7o32) — 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity C. Guest house subject to the requirements of Section 7.10.04. (9s9) Adopted August 1, 1990 95 Revised Through 08/01/00 CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS 7.00.00 GENERAL PROVISIONS 7.00.01 PURPOSE The purpose of this Chapter is to provide development design and improvement standards applicable to development activity in the unincorporated area of the County. 7.01.00 PLANNED UNIT DEVELOPMENT 7.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. permit creative approaches to the development of residential land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. 7.01.02 AUTHORIZED USES A. PERMITTED USES Any permitted, conditional or accessory use in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation in the Agricultural-1 (AG-1); Agricultural-2.5 (AG-2.5); Agricultural-5 (AG-5); Residential/Conservation (RC); Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (IRS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home- 5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Family-15 (RM-15) zoning districts of this Code may be permitted in a Planned Unit Development District subject to complying with the residential densities described in Section 7.01.03(B). Adopted August 1, 1990 375 Revised Through 08/01/00 Now ..+ Section 7.01.00 Planned Unit Development NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the Commercial, Neighborhood (CN) District are also permitted up to an amount not to exceed three (3) percent of the gross area of the Planned Unit Development or ten (10) acres, whichever is less. In addition, playgrounds, public and non-public parks, golf courses, country clubs, bicycle paths, racquet sports facilities, riding stables, marinas, clubhouses, and lodges may be permitted in a Planned Unit Development District. 7.01.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Unit Development shall be as follows: A. MINIMUM SIZE A Planned Unit Development shall be a minimum of five (5) contiguous acres of land under common ownership or control. - B. DENSITY The maximum possible permitted density of a Planned Unit Development shall not exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA)(8) shall govern. C. AREA, YARD, AND HEIGHT REQUIREMENTS Area, yard, and height requirements shall be determined at the time of Preliminary and Final Development Plan approval, except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. D. PUBLIC FACILITIES The Planned Unit Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County - Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. Adopted August 1, 1990 376 Revised Through 08/01/00 09 Section 7.01.00 Planned Unit Development 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 -Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dwelling unit, or other use permitted in the Planned Unit Development shall have access to a public street either directly or through an approved private road, a pedestrian way, or other area dedicated to public or private use. 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Unit Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Unit Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. All non-residential land uses within the Planned Unit Development shall have direct access to a collector or arterial street without creafing traffic hazards or congestion on any street. 5. Streets in a Planned Unit Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of- way widths may be considered as part of the Planned Unit Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. 6. All roads and streets shall intersect at an approximate ±50 angle 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 Adopted August 1. 1990 377 Revised Through 08/01/00 1%W NWW Section 7.01.00 Planned Unit Development 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 —P' type of turn 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. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. This shall include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. 12. Access points on all collector or arterial streets serving a Planned Unit Development shall be located and spaced so that traffic moving into and out of the arterial streets do not cause traffic congestion. F. PARKING AND LOADING General Provisions a. The number, type, and location of parking spaces shall be -determined at the time of final Planned Unit Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01(F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. Adopted August 1, 1990 378 Revised Through 08/01/00 1%M' 1%W I C H Section 7.01.00 Planned Unit Development 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 Unit 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 Unit Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows: parallel 8 feet X 23 feet angled 10 feet X 18 feet handicapped(parallel) 12 feet X 23 feet handicapped(angled) 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. 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. 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. Adopted August 1, 1990 379 Revised Through 08/01/00 MLM ..d Section 7.01.00 Planned Unit Development 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. OPEN SPACE STANDARDS A minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Unit Development must be for use as common open space, which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping and planting areas, or other areas of public purposes or use other than street, road or drainage rights -of -way, above ground utilities, excluding stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent ptsr acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Unit Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement, subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Unit Development submission process, the developer or petitioner for the Planned Unit Development shall provide for one of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Unit Development ;or, b. A phased conveyance of the land to a public or acceptable private agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that 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 Unit Development. 2. No parcel of land identified for use as a park or common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Unit Devel- opment. 3. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the Adopted August 1, 1990 380 Revised Through 08/01/00 `bo *MW Section 7.01.00 Planned Unit Development requirements of this Code. SETBACKS FROM AGRICULTURAL LAND Planned Unit Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan, shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. PHASING 1. A Planned Unit Development may be developed in more than one stage or phase 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to: a. One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty (40) percent, or other percentage as determined by the Board to be appropriate based on circumstances that include the size of the project and the proposed phasing schedule, of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi -phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. No commercial facility shall be permitted prior to the completion of at least forty (40) percent of the total number of authorized dwelling units; and, C. " For Planned Unit Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. Adopted August 1, 1990 381 Revised Through 08/01/00 OKEECHOBEE 7 36 S COUNW 7 35 5 7 ]r S /J a ,l A r T v <uw ca. Z yO Z a c siren ww a �r r-F �rwa n.0 row T a (7 .uwc sK ww s ww O uer.. a u R. M O a u u R a us 6 a f• V 4 C N- loo y r F n a f t 7tA T7 N O -n o� O F 3 e �� O e` o cn �3 o y .✓ A Petition of St. Lucie Farms Inc. for a Rezoning from AG-1 (Agricultural, 1 uniVacre) to PUD (Planned Unit Development) and PMUD (Planned Mixed Use Development) for the project known as Westchester, an 800 unit mixed use residential development. RZ 00-015 Community Development This pattern indicates Ge�o Map preparedDoam�1.2=ems subject parcel N N 0 0 cn3 O C Cn D_0 �• w CD �C 0D CD �. Q CD - C� r+ n C 3 cn CD o ¢t a v aE m 0:c i [[[°� O r m p �s P $ w m cn CD a f7 b fR 7 - '•� ''� )i }pCD': m *. e L IJ�J 0+ U UP 0,I biW IVOi�A�i�C it N;O N N: O 0100 jl N:O10'O'OId- OO"O OO O OO O O; O OO O O OO.O OO �-Io0 pro o d o rrrrrl,� G iN N.O �..o o n'o-_o 0 0 oro G IG w IC 010 .RIO , ly t�i:;niN I � i aaoa � Ni0 0'0 0 j i0C X JCf X I m o K. N H S.N N W N N J N aJJ' �Jaaaaa� m I I m w oo V3 ao OI I IO O CIO O w w til!w� I i t hf � t r t hf t. II r rirrr rir I W WIW W IN IN w WIw'w W INN'N NIW �W 1W Ww�N . A JJ�p J AIA A A�Ayd OIN.N A�N.OIO�OIOIOj O:O�.O OIO IOO O OIO '� ONN O N,O OO O:'O� N O O c 1 1 FEB-22-2001 12:16 THE STUART NEWS 561 221 4126 P.02iO4 ® 2090606 -Black 2/22/r21 0:44 0:002090606 Mary Byrne Black ti7 `.+" ST. LUCIE COUNTY BOARD OF COU TY COMMISSIONERS PUBLIC HEARING AG March 6, 2001 TO WHOM IT MAY CONCERN: NOTICE is hereby given In accordance with Section 11.00.03 of tho St. Lucie County Land Development Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicant has requested that the St. Lucie County Board of County Commissioners consider their request as follows: 1. Westchester Development Company, for o change in zoning from AG-1 (Agricultural - 1 du/ocre) Zoning District to the PMUD (Planned Mixed Use Development) Zoning District to be known as Westchester for the following described property: Being aparcel of land located in Sections9, and 10, Township 37 South, Range 39 East, St. Lucie County, Florida. Sold parcel being more particularly described as follows! Commence at the intersection of the centerline of Gatlin Boulevard, (also being the North line of Section 15) and the Westerly limits of Gatlin Boulevard Right-of-Woy and the Westerly limits of those lands described In an Order of Taking, dated July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through, 2952, inclusive, Public Records of St Lucie Count.X, Florida, and as shown on the Florida Deportment of Transportation Right -of -Way maps for State Road #9 (1-95), Section 94001.2412, doted 6/2/77, with lost. revision of 9/11 /79; thence N 00"02'55" W, a distance of 100.00 feel; thence S 89S57'05" W, a distance of 588.36 to the Point of Beginning; thence. S 89"57'05" W, a distance of 1839.74 feet to the beginning of o tangent curve concave concave to the Northeast, having a radius of 175,00 feet, thence along the arc of said curve through a central angle of 54"37'25", a distance of 166.84 feet to a point of reverse curvature with a curve concave to the Southwest, having a radius of 300.00 feet; lhence along the are of said curve through a central angle of 18"57'46", a distance of 99.29 feet to a point of reverse curvature with a curve concave to The Northeast, having a radius of 175,00 feet; thence along the arc of said curve through a central angle of 54"3725", a distance of 166.84 feet, thence N W14'09" E, tangent to the lost described curve, a distance of 1672.37 feet to the beginning of a tangent curve concave to the Southwest having a radius of 3100.00 feet; thence along the arc of sold curve through a central angle of 25"48'20", a distance of 1396.22 feet; thence N 26002'03" W, non -tangent to the last described curve, a distance of 50.00-feet; thence N 63*43'13" E, a distance of 196.38 feet to the beginning of a curve concave to the ScOith, having a radius of 525.00 feet; the chord -of which bears N 78°27'42 E; thence along the c�rc of said curve through a control angle of 29"26'59", a distance of 269.69 feet; thence S 86"48'48" E, a distance of 62.97 feet to the beginning of or curve. concave to the Northwest, having a radius of 275.34 feet; the chord of which bears N 47"34'02" E. thence along the arc of sold curve through a central angle of 91°11'51", a distance of 438.26 feet to a point of reverse curvature with a curve concave to the East, having a radius of 527.97 feet; the chord of whiclIff bears N 20"16'30" E; thence along the arc of said curve through a central angle of 40910,57', a distance of 370.26 feet to o point ofreversecurvature with a curve concave to tire Northwest, having a radius of 1956.76 feet; the chord of which bears N 26"56'51" E; thence along the arc of said curve through o central angle of 26"57'03",a distance of 920.42.feet lo-a-paint of reverse curvature with a curve concave to the Southeast, having a radius of 525.00 feet; the chord of which bears N 28°D0214" E,-thence along. the arc of said curve through a central angle of 21'09'50", a distance of 193.92 feet to the beginning of a non -tangent curve concave to the Northeast, having a radius of1550,00 feet; the chord of which bears 5 49007*13" E; thence along the arc of said curve through a central angle of 17"59'05", a distance of 486.53 feet; t ence S 58"06'45" E,o distance of 389.95 feet to the beginning of a curve concave to the Southwest, having o radius of 450.00 feet; the chord of which bean 3 29°00'27" E; thence along the arc of said curve through a central angle of 58"12'36", a distance of 457.18 feet to a point of reverse curvature with a curve concave tothe .East, having a radtusof 105G.00 feet; the chord of which bears 5 09904'45" E; thence along the ore of said curve through a central angle of 1 B"21'13",a distance of 336.35 feet; thence S 18*15-21" E, a distance of $55.11 feet to the beginning of a non-longent curve concave to the Southeast, having a radius of 100.00 feet; the chord of which bears S 31"48'09" W; thence along the arc of said curve through a central angle of 32"43'41", a distance of 57.12 feet; thence N 9VOWOD" W, a distance of 696.16 feet thence 5 00400'00" W, a distance of 320.00 feet; thence S 90"00'00" E,o distance of 25.00 feet, thence S 00000'00" W, a distance of 290.00 feet; thence N 90900W W, a distance of.25.00,feet; thence.& Q0"00'00" W, a distance of 270.00 feet; thence 5 90000'00" €, a distance of 25.00 feet1 thence S 00"00'00" W, a distance of 2-90.00 feet thence N 90600'00" W, a distance of 15.00 feet; thence S 00"00'00" E,o distance FEB-22-2001 12:16 THE STUART NEWS 561 221 4126 P.03iO4 '`/ of 275.00 feet; thence S 90'00'00" E, o distance of 945.64 feet; thence 5 13'02'47" E, a distance of 115.63 feat to the beginning of a tangent curve concove to the West, having o radius of a10.00 fed; the chord of which bears S 07047'10" W; thence along the an: of sold curve through a central angleof41039'54", a -distance of 589.03 Feet to the beginning of o non -tangent curve concave to the Northwest, having a radius of 100.00 feet; the chord of which bears S 28'21'25" W; thence- along- theareofsaid curve through a control ongle of 131 "05'52", a distance of 228.81 feet; thence S 33'05'26" W, a distance of 397,79 feet to thg beginning of o curve concave to the Southeast, having a radius of 500.00 feet;the chord of which bears S 16'32'43" W; thence along the arc of sold curve through a central angle of 33'05'26",o distance of 288.77 feet; thence S 00000'00" W, a distance of 87.07 feet to the Point of Beginning. Containing 208.59 acres, more or less. Tax Id No. 4310-212-0001-000/2 4309.000-0000-000/0 Location: North of Gatlin-elyd West of Interstate 95 2- Westchester Development Company, for a change in zoning from AG-1 (Agricultural - 1 du/acre) -Zoning District to the-PUD (Planned Unit Development) Zoning District to be known as Westchester for the following described property. Being a parcel of land located in Sections 8, 9, 16, & 17, Township37 South, Range 39 East, St. Lucie County, Florida Said -parcel being more porticulorly described as follows, Begin at the intersection of the centerline of Gollin Boulevard, (also being the North line of Section. 15) andthe.Wesletly limits of.. Gallen Boulevard Right-of-way and the Westerly limits of those lands described in on Order of Taking, doted July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, Florida, and as shown on the Florida Department of Transportation Right -of -Way mops for State Road #9 (1-95), Section 94001-2412, dated 6/2/77, with lost revision of 9/11/79; thence S 00'02'55" E o distance of 100r.00 feet; thence S 89'57'05" W a dfstonc4 of 2428.10 fed to the beginning of a tangent curve concave to the Southeast, having a radlus'of 175,00 feet; thence o4ong the-orc of said curve through a centrol angle of 54037'27", a -distance of 166.84 feel to a point of reverse curvature with a curve concave to the North, having a radius of 300.00 feet; thence along the arc of said curve through a central angle of 144'37'40", a distance of 757.26 feet to a point, thence 5 89657'05" W. a distance of 4508.78 feet; thence N 00'00'00" E. o distance of 2482.51 feet; thence N 87016'17" E, a distance of 196.14 feet; thence S 76931'44" E. a distance of 48.81 feet, thence N t 4912'12" E, a distance of 40.00 feet to the beginning of a non -tangent curve concave to the Southwest, having a radius of 1950.00'feet; the chord of which bears S 68958'33" E; thence along the arc of said curve through a central angle of 13'38'31 ",a distance of 464.29 fed; thence N 27'11'31" E, a distance of 100.00 feel'; thence S 58'08'06" E, a t istancerof 492.35 feet to the beginning of a tangent curve concova� to the North, having a radius of 950.00 feet; thence along the arc of said curve through a central angle of 42928'21 ", a distanceof 704.22 fee¢fhence-N-32'46'15" E, non -tangent to lost described curve, a distance of 33.95 feet; thence N 12'20'57" W, a distance of 315.54'; thence N 78"49'36" E, a distance of 214.11 feet; thence N 84'52r28" E, o-distanceof 300.55 feet;1henceN-1.4'09'S3" W, a distance of 242.58 feet, thence N 52927'35" E, a distance of 39.61 feet; thence N 29013'49" W, a distance of 280:04 feet, thence N WI T39" W, a distance of 222.22 Feet; thence N 03000' 12" E, a distance of 59.95 feet, thence N 04'54'56" W,o distance of 221.93 feet, thence N 17'51'33" W; a distance of 60.24 feet; thence K MR24'06" E, a dlstanpe of 74.68 Feet; thence S 70'38'31" E, o distance of 91.16 feet; thence S 78'08'31" E. a distance of 187.63 feet to the beginning of a non -tangent curve concave to the Southeast, having- a radius of 161.90 feet; the chord of which bean N 63040'43" E; thence along thearc of said curve through a central angle of 65'49'09", a distance of 185.99 feet to the beginning of a non-tongSM curve concave to the Southeast, having a radius of 650.00 feet; the chord of which bears N 31 39'20" E; thence along the arm of said curve through or central angle of 26941'20", o d stone -cif 302.78 feet; thence N 45'00'00" E, tangent to last described curve, a distance of 1034.06 feet; thence S 45'00'00" E. o distance of 636:49led to the -beginning of a curve-concaveta the Southwest, having a radius of 2900.00 feet; the chord of which bears S 35'41'31" E; thence along the arc of said curve Through a central ongle of 18036'57", a distance of 94224 feet; thence N 61044'45' E, non-tongent to last described curve, a distance of 200.08 feet; thence 5 26916'50" E, a distance of 45.00 feet to the beginningofa non-tongenf curve concave to the Southwest, hoving.p radius of 3102.47 feet; the chord of which beors S 12038'54" E; thence along the arc of sold curve through a central \% NEh16 561 221 4126 P.04iO4 1111100 .*0111' G angle of 25946'06", o distance of 1395.31 feet; thence S 00014*09" W, tangent to lost described curve; adistance of 1672.35-feet to The beginning of o tangent curveconcave to the Northeast, having a radius of 175.00 feet; thence along the arc of sold curve through a central angle of 54°37'21", a distance_of. 166.83 feet to a point of reverse curvature concave to the Southwest, having a radius of 300.00 feet; thence along the arc of said curve through a central angle of 18*57'39", a distance of 99.28 feet to o point of reverse curvature Concave to the Northeast, having a radius of of 175.00 feet, thence along the arc of said curve through a central angle of 54°37'22", a distance of 166.84 feet thence N 89°57'05" E, tangent to the lost described curve o distance of 2428.11 feet,, thence S 00"02'55" E, a distance of 100,00 feet to the Point of Beginning. Containing 373.19 acres, more or less. Tax Id No. 4308•000-0000-000/7 4309-000.0000-000/0 Location: North of Gatlin Blvd West of Interstate 95 A PUBLIC HEARING will be held in the. County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex Building, 2300 Virginia Avenue, Fort Pierce, Florida on March 6. 2001, beginning O 7-00 P:M. or as soon Ihereoffe-as possibie. PURSUANT TO Section 286.0105, Florida Statutes, If a person decides to appeal any decision mode by a. board agency, or commission with respect to any matter considered of a meeting or hearing, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings Is mode, which record Includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCI€ COUNTY, FLORIDA /S/ Frannie Hutchinson, CHAIRMAN PUBLISHLDATE; February 24, 2001 II 1 TOTAL P.04 12:15 THE STUPPNEWS 561 221 4126 P. 01704 U WE SCRIPPS Treasure Coast Newspapers P.Q. Box 1796 1939 S. Federal Highway Stuart, Florida 34995-1796 FAX COVER SHEET TO: Dawnelie St. Lucie County Fax Number: 561-462-1581 Phone Number: FROM: Mary T. Byrne Classified Legal Advertising Representative E-Mail: ciassiagals@stuartnews.com (legal ads only) E-Mail: byrne@stuarinews.eom Fax Number: (561) 221-4126 Phone Number: (561) 221-4282 MESSAGE: Proof of, legal ad for 2/24. Thanks! Mary The Stuart News The Port St. Lucie News Fort Plerce Tribune Port St. Lucie Tribune The Jupiter Courier Vero Beach Press Journal Date: 2/22/01 Time: 12 Noon Pages (including Cover): 4 ,ow Agenda Request v Item Number 'S—C. Date: March 6, 2001 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. [ ] Quasi -JD [ X ] To: Board of County Commissioners Prese d y Submitted By: Community Development Director 'ffrnmunity Development Director SUBJECT: Consider Draft Resolution 01-010 approving the request of Westchester Development Company, for a Preliminary PUD (Planned Unit Development) approval for property located on north side of Gatlin Boulevard immediately west of the 1-95 Interchange, approximately one -mile west of the intersection of Gatlin Boulevard and Brescia Street, from the AGA (Agricultural — 1 du/acre) Zoning District to the PUD (Planned Unit Development) Zoning District (File No. — PUD-00-011, MJSP-00-009 and RZ-00-015) BACKGROUND: Westchester Development Company has applied for a Rezoning and Planned Unit Development/Major Site Plan approval for a new 600-lot single-family subdivision, to be known as Westchester (PUD). The subject property is located on a 352.98 acre tract of land situated on the north side of Gatlin Boulevard west of the 1-95 Interchange, approximately one -mile west of the intersection of Gatlin Boulevard and Brescia Street and zoned AGA (Agricultural — 1 du/acre). The properties located to the north, south, and west are designated with AGA (Agricultural — 1 du/acre) zoning. The property to the east, while still zoned AGA is the subject of a concurrent request for PMUD zoning. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 5 to 0, with two members recusing themselves from the proceedings (Mr. Merritt and Mr. Mathes) and two members absent (Mr. Trias and Mr. Grande), recommended approval of the Rezoning and PUD/Major Site Plan at its February 15, 2001 meeting. RECOMMENDATION: Staff recommends approval of Draft Resolution 01-010, subject to the cited conditions contained therein. COMMISSION ACTION: NCURRENCE: 0 APPROVED F DENIED OTHER Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: r.• Agenda Request Item Number S - D *ft/ Date: March 6, 2001 Consent [ Regular Public Hearing [ X ] Leg. I ] Quasi -JD [ X ] To: _Board of County Commissioners Pr Submitted By: Community Development Director w Community Development Director SUBJECT: Consider Draft Resolution 01-011 approving the request of Westchester Development Company, for Preliminary PMUD (Planned Mixed Use Development) approval for property located on north side of Gatlin Boulevard immediately west of the 1-95 Interchange, approximately one -mile west of the intersection of Gatlin Boulevard and Brescia Street. (File No. — PUD-00-011, MJSP-00-009 and RZ-00-015) BACKGROUND: Westchester Development Company has applied for a Rezoning and Planned Mixed Use Development/Major Site Plan approval for a 200-lot single-family subdivision, a 153,300 s.f. commercial area, a 2.1 acre church site, a 56.3 acre civic site and 78.19 acres of open space to be known as Westchester PMUD. The subject property is located on a 223.4 acre tract of land situated on the north side of Gatlin Boulevard immediately west of the 1-95 Interchange, approximately one -mile west of the intersection of Gatlin Boulevard and Brescia Street and zoned AGA (Agricultural — 1 du/acre). The properties located to the north, and south are designated with AGA (Agricultural — 1 du/acre) zoning. The property to the west, while still zoned AG-1 is the subject of a concurrent request for PUD zoning. The property to the east is also controlled by Westchester and shown as "Future Development". The 1-95 Right —of —way is immediately east of that property. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 5 to 0, with two members recusing themselves from the proceedings (Mr. Merritt and Mr. Mathes) and two members absent (Mr. Trias and Mr. Grande), recommended approval of the Rezoning and PUD/Major Site Plan at its February 15, 2001 meeting. RECOMMENDATION: Staff recommends approval of Draft Resolution 01-011, subject to the cited conditions contained therein. X AVEDMISSION A TION: DENIED M OTHER County Attorney �— Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Douglas M. Anderson County Administrator Purchasing: Other: ..+ TO: FROM: DATE: COMMISSION REVIEW: March 6, 2001 Resolution No.: 01-011 File No.: RZ-00-015 DEPARTMENT OF COMMUNITY DEVELOPMENT Board of County Commissioners Community Development Director February 28, 2001 SUBJECT: Petition of Westchester Development Company, for Preliminary Site Plan Approval for the construction of 200 unit residential project, a 56.3 acre civic site, 14.1 acres of commercial uses, a 2.1 acre church site, and 78.19 acres of open space to be known as the Westchester PMUD (Planned Mixed Use Development. (File No.: RZ-00-015) LOCATION: Northwest quadrant of 1-95 and Gatlin Blvd. Approximately 1 mile west of the intersection of Gatlin Blvd and Brescia Street. EXISTING ZONING: AG-1 (Agriculture - 1 dwelling unit / acre). PROPOSED ZONING: PUD (Planned Unit Development). LAND USE DESIGNATION: MXD - Mixed Use Development - MXD is a designation which allows for a mix of integrated uses. All proposed uses are consistent with the MXD land use. PARCEL SIZE: 223.4 acres PROPOSED USE: 200 unit residential project, a 56.3 acre civic site, 14.1 acres of commercial uses, a 2.1 acre church site, and 78.19 acres of open space. SURROUNDING ZONING: AG-1 (Agricultural - 1 du/acre) to the north, south and east. The property to the west is also zoned AG-1 but is the subject of a concurrent request by the same developer for PMUD (Planned Mixed Use Development) zoning. The property to the east is controlled by the petitioner and labeled as future development. SURROUNDING LAND USE: FIRE/EMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS: Right of Way Adequacy: Scheduled Area Improvements: TYPE of CONCURRENCE DOCUMENT REQUIRED: All surrounding properties are vacant or are being used for agricultural purposes. Station #10 (777 SW Dalton Road) is approximately 5 miles to the east of the proposed development site. Water and Sewer Services to be provided by the either St. Lucie West or Port St. Lucie Utilities. The existing right-of-way for Gatlin Blvd is 200 feet. The developer plans to construct a four lane entrance road to the site within the 200 foot right-of-way provided by this developer and the adjacent developer to the south. A Certificate of Capacity will be required with final Planned Unit Development approvals. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03 ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed amendment to the official Zoning Atlas, the Planning and Zoning Commission shall consider and make the following determinations: Whether the proposed amendment is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed amendment is not in conflict with the St. Lucie County Land Development Code. The current application for Preliminary Planned Mixed Use Development approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and particularly Section 7.03.00 of the Code and has been determined to meet all applicable standards of review for Preliminary Planned Unit Development approvals. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The amendment has been determined to be consistent with all applicable elements of the County's Comprehensive Plan. The project's density is well below that allowed by the Plan. If the project were proposed or developed at its maximum density, approximately 600 units would be allowed. The proposed project in conjunction with the associated Planned Unit Development (PUD) is providing various services to its anticipated residents including employment and shopping opportunities, schools, and recreation. The project lies entirely within the Urban Service Area. 3. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed Preliminary Planned Mixed Use Development Plan and the accompanying request for change in zoning have been determined to be not inconsistent with the general land uses in the surrounding area. The Future Land Use Maps of the County's Comprehensive Plan indicate that the petitioned properly is suitable for development at a density of up to 5 du's/acre. The proposed development plans call for a gross density of 1.3 units to the acre based on the residential acreage. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The development site is proposed to be served with water and sewer services by the either St. Lucie West or Port St. Lucie Utilities. Port St. Lucie has provided letter indicating that these services are available. The developer will be responsible for the extension of these services to the project site. The subject property is located west of the existing terminus of Gatlin Blvd. According to the applicant's traffic impact report, the following roadway facilities which are located in the project study area are scheduled for improvements within the Port St. Lucie Capital Improvements Program. Airoso Blvd 4-lane divided from Port St. Lucie Blvd to Prima vista Blvd FY 2000-2001 Gatlin Blvd 4-lane divided from 1-95 to Port SL Lucie Blvd FY 2001-2002 Bayshore Blvd 4-lane divided from Port St. Lucre Blvd to Prima Vista Blvd FY 2001.2003 The applicant's Traffic Impact Report (TIR) indicates that the project will not negatively affect any surrounding roadway links. The applicant has committed to construction of a four lane divided extension of Gatlin Blvd. From its current terminus to the project entrance (approximately one mile). The applicant has also agreed to construct a section of a possible north/south arterial roadway which could ultimately connect to Glades Cutoff Road. Open space requirements of the Planned Development are met. The proposed development will address its impact on the School District through payment of the School Impact Fee or credits toward the fee as may be allowed based on the provision of an on site school. All other required public facilities appear to be adequate to handle to proposed development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not expected to create adverse impacts on the natural environment. The proposed development site has been used for agricultural activities in the past and is nearly all cleared. The applicant, through the Planned Development process, has proposed a development plan that provides for the protection of the majority of the remaining environmentally sensitive areas. The applicant will need to obtain permits relating to environmental impacts on the site prior to any construction. These agency's include but are not limited to the Army Corp of Engineers, South Florida Water Management District, and the Florida Fish and Wildlife Conservation Commission. The environmental Impact report indicates that there are a number of wetlands located throughout the subject parcel. In this phase of development, the applicant is proposing to preserve nearly all of the wetlands on site through incorporation into the project design. The applicants submission of this project as a Planned Mixed Use Development affords the maximum amount of existing resource protection while still providing the property owner with the maximum use potential of the project site. 7. Whether and the extent to which the proposed amendment would adversely effect the property values in the area. The proposed development of this property as a 200 unit residential project with the associated uses is not anticipated to have any significant negative effects on the property values of the surrounding area. 8. Whether and the extent to which the proposed amendment would result in orderly and logical development pattern specifically identifying any negative affects of such patterns; While this proposed change in zoning is the first project proposed in the area, it is consistent with the uses anticipated by the County's Comprehensive Plan. Approval of this project will provide for an orderly development pattern for this area. 9. 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 has been determined not to conflict with the public interest and the St. Lucie County Land Development Code. COMMENTS: The developers of the Westchester PMUD have submitted a petition for Preliminary Planned Mixed Use Development site plan approval for the construction of a 200 unit residential project, a 56.3 acre civic site, 14.1 acres of commercial uses, a 2.1 acre church site, and 78.19 acres of open space on a 223.4 acre parcel of land, located west of 1-95 and North of Gatlin Blvd. The subject property is currently vacant and/or used for agricultural uses. The surrounding property is also vacant or being used for agricultural purposes. The developers of this project have submitted the required Environmental and Traffic Impact Reports. The Environmental Reports did not identify serious environmental constraints to development of this property. The project site plan shows several small wetlands which are to be removed. LN rd+ The majority of the existing vegetation on this property is cabbage palms, several scattered oak hammocks are also found in future phases. The developer intends to preserve the oak hammocks and preserve or move the cabbage palms as necessary. The subject property is located west of the existing terminus of Gatlin Blvd. According to the applicant's traffic impact report, the following roadway facilities which are located in the project study area are scheduled for improvements within the Port St. Lucie Capital Improvements Program. Airoso Blvd 4-lane divided from Port St. Lucie Blvd to Prima Vista Blvd FY 2000-2001 Gatlin Blvd 4-lane divided from 1-96 to Port St. Lucie Blvd FY 2001-2002 Bayshore Blvd 4-lane divided from Port St. Lucie Blvd to Prima Vista Blvd FY 2001-2003 The applicant's Traffic Impact Report (TIR) indicates that the project will not negatively affect any surrounding roadway links. The applicant has committed to construction of a four lane divided extension of Gatlin Blvd. From its current terminus to the project entrance (approximately one mile). The applicant has also agreed to construct a section of a possible north/south arterial roadway which could ultimately connect to Glades Cutoff Road. On January 18, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing on this petition. Following that hearing, the Planning and Zoning Commission voted 5 to 0 with 2 members absent, and 2 members recusing themselves to recommend approval of this petition. On February 15, 2001 the St. Lucie County Planning and Zoning Commission held an additional public hearing on this petition. Following that hearing, the Planning and Zoning Commission voted 5 to 0 with 2 members absent, and 2 members recusing themselves to recommend a minor change in the projects boundaries and to reaffirm their approval of this petition. Site Plan details for this project are attached to the Westchester PUD package which will be considered as a separate item on the March 6, 2001 agenda. If approved, this Resolution would grant Preliminary Planned Unit Development approval for this project. If approved the developers of this project will have 24 months to receive Final Planned Unit Development approval for any phase of this project, or the entire project, if the developer so chooses. Staff recommends approval of Draft Resolution 01-011 subject to the conditions attached as Exhibit'N. SUBMITTED VVNV Yf U�� )JKShewchutk munity Development Director County Attornek cc: County Administrator County Attorney County Engineer Planning Manager Greg Boggs Jim Zboril En RESOLUTION NO. 01-011 FILE NO: RZ-00-015 A RESOLUTION GRANTING PRELIMINARY PLANNED DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS WESTCHESTER A PLANNED MIXED USE DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: ■ M ► •T 1. Westchester Development Company presented a petition, fora change in zoning from AG-1 (Agriculture -1 dwelling unit / acre) to PMUD (Planned Mixed Use Development) for certain property in St. Lucie County, Florida. 2. On February 15, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Port St. Lucie News and the Ft. Pierce Tribune and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that the requested change in zoning from AG- 1 (Agriculture - 1 dwelling unit / acre) to PMUD (Planned Mixed Use Development) be granted. 3. The petitioner is proposing to construct a 200 unit residential project with 14.1 acres of commercial area, 56.3 acres for civic uses, 2.1 acres for religious use, 76.19 acres of open space and infrastructure in the northwest quadrant of 1-95 and Gatlin, on the property described in Part B below. 4. The Development Review Committee has reviewed the preliminary site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 5. On February 15, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published in the Port St. Lucie News and the Ft. Pierce Tribune and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to this Board that Preliminary Development Plan approval for the project known as Westchester - a Planned Mixed Use Development, be granted. 6. On March 6, 2001, this Board held a public hearing on the petition, after publishinga notice of such hearing in the Port St. Lucie News and the Ft. Pierce Tribune and notifying by mail all owners of property within 500 feet of the subject property. File No.: RZ-00-015 March 6, 2001 Resolution 01-011 Page 1 7. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 8. 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. 9. 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. 10. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. it. The proposed project will be served by adequate public facilities and services. 12. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Preliminary Site Plan for the project known as Westchester - A Planned Unit Development is hereby, approved as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates, P.A. dated September 15, 2000 and subsequently revised through February 23, 2001, and date stamped received by the St. Lucie County Community Development Director on February 23, 2001, subject to the conditions as outline in attached Echibit'A' S. The property on which this preliminary approval is being granted is described as follows See attached legal description - Exhibit'B' (Location: Northwest quadrant of 1-95 and Gatlin Blvd) C. The approval of this Preliminary Site Plan is contingent upon the developer obtaining final Planned Unit Development approval within 24 months of the date of approval of this resolution. If Final Planned Unit Development approval has not been obtained within this period, this site plan shall expire on March 6, 2003, unless a Preliminary Site Plan approval extension is granted in accordance with Section 11.02.06(B), St. Lucie County Land Development Code. D. The conditions set forth in Section A are an integral nonseverable part of the site plan File No.: RZ-00-015 Resolution 01-011 March 6, 2001 Page 2 \.r Is determined rtly ,+ to h fn Section �orrrply volun —�" condition set fo er declines to me null and If any the develop olution shall beco b this resolution reaQ al rant ed by this 'es approval granted nforceable for any condition, the site plan aPP Section A, be Invalid or din with that c s describe ent void. plan drewi" Community Developm ll be attached to the site P. County A copY of thi s" hall ,solution on file with the St. Lucre E which plan e Director- as follows After motion and second, the v ote on this resolution was OX XX)C Chairman Frannie Hutchinson Vice -Chairman Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner John Bruhn XXX Commissioner Paula Lewis PASSED AND DULY ATTEST: ADOPTED this 6th day of March, 2001. MISSIONERS BOARD OF COUNTY COM ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK File No.: Sz.00"015 March 6. 2001 BY Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATT ORNEY %W -� EXHIBIT UD CONDITIONS +,,�• UDIPM WESTCHEST PRELIM►NARY DRAINAGE construct the stormwater management system in and r Management District regulatory The developer shall design 1. with applicable South Florida Wa e accordance planting zones criteria. stem and any required littoral The surface water co n constructed ement system with South Florida 2. designed, constructed and uaementa In accordance shall be desig Water Management District ERP req EDUCATION ro ect shall be subject to the terms and ment within this 88-16, Educational facility ImpOr act 3• be amended. Any contribution a `IaT ,gible for All residential develop requirements of St. subsequently or facilities shall be he County s Fees, and as may dedication ubseof school land ermitted under development or act Fee credit to the extent p Educational Imp, impact Fee ordinance. Educational Facility P ect to the terms and requirements FIREIEMS PROTECTION and as may shall be FireIEMS Impact Fees, s Fire/EMS 4. All development within this project of St. Lucie County Ordin nce ext Permitted under the Count ment or dedication of uently be amended. art of a Fire/EMS Impact subseq regulations, any contribution toward or development Impact Fee be considered for all or p land for Fire/EMS facilities may Fee Credit. CONDITIONS GENERAL DEVELOPMENT setbacks be as follows; 5. General building of the Nor 1�0°dth corridor: Single-family home sites west a Minimum lot size: 100,w x 125'd Maximum lot size: Maximum lot coverage: 800/6 20 feet (15 feet for athaogse IF Front setback: front, side loading g 6 feet (0 feet and 12 feet, Side setback: homes) Side setback Corner): 15 feet 15 feet (screen roorr tr Rear setback: other ancillary Of fiv minimum Wesicht- Poge 1 of 6 4 1 PSL:2941:1 V provided that no such property line interferes with any facility teasement) ancillary aintenance drainage °r m ast of the North,South corridor: A' home sites e30'w x75'd Single family 100'w x 130'd b Minimum lot size Maximum lot size'. go% Max imurn lot coverag ght 35 feet lose homes fr Maximum building 10 feet (15 feet for tont perimeter block lot that use a Front setback: loading driveway) Side setback (Lots <50' width): (Lots >50' width)' o feet one side/no openings 3 feet on other side (minimum separation between adjacent structures is 12 feet or ructurs shallhavehless automatic fire e feet separation sprinkler systems) 3 feet (minimum separation between adjacent structures is 12 feet or structures with less than �12^ feel property line provided that no such ancillary facility interferes with any drainage or maintenance easement) b. Single family home sites east of the North/South corridor: Minimum lot size: 30'w x75'd Maximum lot size: 100'w x 130'd Maximum lot coverage: 90% Maximum building height: 35 feet Front setback: 10 feet (15 feet for those homes on a perimeter block lot that use a front loading driveway) Side setback (Lots <50' width): 0 feet one side/no openings 3 feet on other side (minimum separation between adjacent structures is 12 feet or structures with less than 12 feet separation shall have automatic fire sprinkler systems) (Lots >50' width): 3 feet (minimum separation between adjacent structures is 12 feet or structures with less than 12 feet separation shall have automatic fire Side setback (Corner): sprinkler systems) 15 feet Rear setback: Lots with rear garage access: 15 feet (screen rooms/ pool decks and other ancillary structures, excluding garages, may be a minimum of zero feet from the property line provided that no such ancillary facility interferes with any Lots with front garage access: rainage easemen 1d5 feet (cr enntenance rooms/ pool decks and other ancillary structures, including garages, may be a minimum of zero feet from the property line provided that no such ancillary facility interferes with any alley easement width: t drainae orMinimum easement) Minimum alley pavement width: 20 feeg (One-way alleys) 10 feet (One-way alleys) Minimum alley radius: 25 feet in direction of travel C. Multi-Family/Townhome sites east of the North/South Arterial Road Minimum lot size: Variable width/average depth 85 feet Maximum lot size: Variable width/average depth 110 feet Maximum building lot coverage: Variable Maximum building height: 50 feet Front setback: 10 feet PSL:2941:1 Page 2 of 6 Westchester conditions - Preliminary March 1, 2001 r.. r..r Side setback between bldgs: Side setback (Corner): Rear setback: Lots with rear garage access: Minimum alley easement width Minimum alley pavement width Minimum alley radius: 20 feet 15 feet 15 feet (screen rooms/ pool decks and other ancillary structures, excluding garages, may be a minimum of zero feet from the property line provided that no such ancillary facility interferes with any drainage or maintenance easement) 20 feet (One-way alleys) 10 feet (One-way alleys) 25 feet in direction of travel 6. Any obligation of Westchester Development Company hereunder shall be assignable to a community development district created by Westchester Development Company for such purpose. HABITATAT, VEGETATION AND WILDLIFE 7. Wetlands identified to be preserved on the Master Plan referenced in Part or as may be delineated in subsequent permitting documentation, shall be retained and/or restored if necessary, and maintained in accordance with South Florida Water Management District permit conditions. Such wetlands shall be protected by conservation easement, deed restriction, or other appropriate legal mechanism, and future maintenance responsibilities shall be assigned to a community development district or other entity approved by the South Florida Water Management District. In the event that threatened or endangered species are found, Developer shall comply with applicable regulations. As part of Final Development Plan Approval, wetlands that are identified to be preserved on the Master Plan referenced in Part _ or as may be delineated in subsequent permitting documentation, shall be identified by specific numeration. Wetlands identified to be altered, as depicted on the Master Plan referenced in Part _, may be altered to the extent shown with the remaining areas of such wetlands being retained and/or restored if necessary, and maintained in accordance with South Florida Water Management District permit conditions. Such wetlands shall be protected by conservation easement, deed restriction, or other appropriate legal mechanism, and future maintenance responsibilities shall be assigned to a community development district or other entity approved by the South Florida Water Management District. In the event that threatened or endangered species are found, Developer shall comply with applicable regulations. As part of Final Development Plan Approval, wetlands that are identified to be altered on the Master Plan referenced in Part _ or as may be delineated in subsequent permitting documentation, shall be identified by specific numeration. Wetlands identified to be impacted on the Master Plan referenced in Part _ or on subsequent permits, may be altered to the extent shown thereon. If Page 3 of 6 Westchester Conditions - Preliminary PSL:2941:1 March 1. 2001 necessary, the Developer shall obtain permit approvals to alter/eliminate these wetlands from the South Florida Water Management District and the US Army Corp of Engineers and shall meet all applicable mitigation requirements and standards. In the event off -site mitigation is required, the applicant shall first seek to perform all such mitigation in St. Lucie County. As part of Final Development Plan Approval, wetlands that are identified to be impacted/eliminated on the Master Plan referenced in Part or as may be delineated in subsequent permitting documentation, shall be identified by specific numeration. 10. Lakes or canals shall not be excavated within 200 feet of those wetlands, which are to be preserved or restored on the project site, unless otherwise approved by South Florida Water Management District. Any wells in the shallow aquifer shall not be located within 300 feet of those wetlands, which are to be preserved or restored on the project site. South Florida Water Management District must approve any exceptions to this condition. A copy of any South Florida Water Management District permit or other consent addressing this condition shall be provided to St. Lucie County prior to final plat approval. 11. In order to promote maintenance or implementation of predevelopment hydroperiods within the enhanced and/or restored wetlands and within any wetland mitigation areas, final drainage plans shall provide for routing of sufficient volumes of runoff from acceptable sources to the preserved or restored wetlands prior to routing of any excess runoff through the project off -site discharge outfall, in accordance with South Florida Water Management District standards. Control elevations shall be established consistent with the intent to maintain or improve predevelopment hydroperiods within all wetland areas. The South Florida Water Management District must approve the routing of runoff and control elevations as shown on the final drainage plans to achieve the intent indicated above. Copies of the South Florida Water Management District construction permits shall be provided to St. Lucie County prior to final plat approval. 12. The Developer shall plant and maintain a buffer zone of native vegetation around all enhanced, restored, or created wetlands on site in accordance with the requirements of the South Florida Water Management District. RECREATION AND OPEN SPACE 13. All residential development within this project shall be subject to the terms and requirements of St. Lucie County Ordinance , Parks Impact Fees, and as may subsequently be amended. To the extent permitted under the County's Parks Impact Fee regulations, any contribution toward or development or dedication of land for recreational facilities may be considered for all or part of a Parks Impact Fee Credit. Page 4 of 6 Westchester Conditions - Preriminary PSL:2941:1 March 1, 2001 i %W �ftw ROADS IMPACT FEES 14. All development within this project shall be subject to the terms and requirements of St Lucie County Ordinance , Roads Impact Fees, and as may subsequently be amended. Any contribution toward, dedication or development of road right of way or facilities, including but not limited to all dedications or improvements in roadway capacity that exceed the need to provide safe and adequate access for the project shall be eligible for Roads Impact Fee credit to the extent permitted under the County's Roads Impact Fee Ordinances. 15. Westchester Development Company may apply any credits from transportation impacts mitigated by Westchester Development Company for the Phase 1 PUD/PMUD in excess of the needs of the Phase I PUD/PMUD toward transportation impacts generated by development of adjacent properties owned by Westchester Development Company. TRANSPORTATION 16. Gatlin Boulevard west of 1-95 shall be designed as a primary public access route extending from its current terminus to the proposed traffic circle at the intersection of Gatlin Boulevard and the unnamed north/south corridor. Design and construction of the roadway shall meet all requirements of St. Lucie County and the Florida Department of Transportation (FDOT). 17. The proposed traffic circle and unnamed north/south corridor, as shown on the site plans referenced in Part _, shall be designed as a primary public access route. Design and construction of the roadway shall meet all requirements of St. Lucie County and FDOT. 18. An emergency/temporary access shall be provided to the Westside Residential prior to the issuance of the 250t' Certificate of Occupancy for a residential unit in the Westside Residential area. 19. To the extent practical, and based upon the transportation development and service plans of the local transit providers, the final development plans for the area referred to as the Westchester PMUD/PUD shall consider the inclusion of dedicated transit stop and areas in its final project designs. WASTEWATER 20. All wastewater within the Westchester PMUD/PUD shall be connected to a central wastewater treatment service, except that temporary buildings shall not be required to connect to a central wastewater treatment system until such time as one is made available to the temporary building site or otherwise required by the St. Lucie County Public Health Unit. For the purpose of this development order, temporary buildings shall be those used in connection with construction activities, models, buildings used in connection with agricultural uses, and any Page 5 of 6 Westchester Conditions - Preliminary PSL:2941:1 March 1, 2001 other buildings that may be so excepted by the St. Lucie County Code WATER SUPPLY: POTABLE AND NONPOTABLE WATER 21. All potable water within the Westchester PMUD/PUD shall be provided by a central potable water system, except that temporary buildings shall not be required to connect to a central water system until such time as one is made available to the temporary building site or otherwise required by the St. Lucie County Public Health Unit. For the purpose of this development order, temporary buildings shall be those used in connection with construction activities, models, buildings used in connection with agricultural uses, and any other buildings that may be so excepted by the St. Lucie County Code. 22. The primary source of irrigation water shall be water derived from the surface water management system of lakes supplemented by wells as permitted by the f South Florida Water Management District. No withdrawals from lakes shall be permitted which would adversely affect wetlands required by this development order to be preserved on site, or wetlands and littoral zones created on site as mitigation for wetland functions and values lost as a result of this development. At the time of water use permit issuance or renewal, the developer shall comply with applicable South Florida Water Management District rules and criteria for permit issuance, which criteria may in the future require the use of reclaimed water. 23. To the maximum extent consistent with wetland protection, surficial aquifer wellfields serving the Westchester PMUD/PUD shall be located such that principal land uses within the cone of influence of such wells are open space, preserve, or residential area. In no case shall development, which would use, handle, store, or produce hazardous or toxic materials, occur within the cone of influence (i.e., one foot drawdown area) of a surficial aquifer potable water supply well, unless such use, handling, storage, or production is consistent with binding wellfield protection regulations. PSL:2941:1 Page 6 of 6 Westchester Conditions - Preliminary March 1. 2001 I.. .M0 Exhibit B / PMUD Being a parcel of land located in Sections 9, and 10, Township 37 South, Range 39 East, St. Lucie County, Florida. Said parcel being more particularly described as follows: Begin at the intersection of the centerline of Gatlin Boulevard, (also being the North line of Section 15) and the Westerly limits of Gatlin Boulevard Right -of -Way and the Westerly limits of those lands described in an Order of Taking, dated July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County, Florida, and as shown on the Florida Department of Transportation Right -of -Way maps for State Road #9 (1-95), Section 94001-2412, dated 6/2/77, with last revision of 9/11/79; thence S 89°57'05" W, along said centerline a distance of 2815.40 feet; thence N 00014'09" E, a distance of 2059.65 feet to the beginning of a tangent curve concave to the Southwest, having a radius of 3000.00 feet; thence along the arc of said curve through a central angle of 36043'47", a distance of 1399.56 feet; thence N 63030'22" E, a distance of 100.00 feet; thence N 63043'13" E, a distance of 196.38 feet to the beginning of a curve concave to the South, having a radius of 525.00 feet; the chord of which bears N 78°27'42" E; thence along the arc of said curve through a central angle of 29026'59", a distance of 269.89 feet; thence 86048'48"E, a distance of 62.97 feet to the beginning of a curve concave to the Northwest, having a radius of 275.34 feet; the chord of which bears N 47034'02" E; thence along the arc of said curve through a central angle of 91011'51 ", a distance of 438.26 feet to a point of reverse curvature with a curve concave to the East, having a radius of 527.97 feet; the chord of which bears N 20`16'30" E; thence along the arc of said curve through a central angle of 40010'52", a distance of 370.26 feet to a point of reverse curvature with a curve concave to the Northwest, having a radius of 1956.76 feet; the chord of which bears N 26056'51" E; thence along the arc of said curve through a central angle of 26057'03", a distance of 920.42 feet to a point of reverse curvature with a curve concave to the Southeast, having a radius of 525.00 feet; the chord of which bears N 28002'14" E; thence along the arc of said curve through a central angle of 21009'50", a distance of 193.92 feet to the beginning of a non -tangent curve concave to the Northeast, having a radius of 1550.00 feet; the chord of which bears S 49°07'13" E; thence along the arc of said curve through a central angle of 17059'05", a distance of 486.53 feet; thence S 58°06'45" E, a distance of 389.95 feet to the beginning of a curve concave to the Southwest, having a radius of 450.00 feet; the chord of which bears S 29°00'27" E; thence along the arc of said curve through a central angle of 58012'36", a distance of 457.18 feet to a point of reverse curvature with a curve concave to the East, having a radius of 1050.00 feet; the chord of which bears S 09°04'45" E; thence along the are of said curve through a central angle of 18°21'13", a distance of 336.35 feet; thence S 18°15'21" E, a distance of 855.11 feet to the beginning of a non -tangent curve concave to the Southeast, having a radius of 100.00 feet; the chord of which bears S 31 °48'09" W; thence along the arc of said curve through a central angle of 32°43'41", a distance of 57.12 feet; thence N 90000'00" W, a distance of 696.16 feet; thence S 00°00'00" W, a distance of 320.00 feet; .✓ thence S 90000'00" E, a distance of 25.00 feet; thence S 00000'00" W, a distance of 290.00 feet; thence N 90°00'00" W, a distance of 25.00 feet; thence S 00°00'00" W, a distance of 270.00 feet; thence S 90000'00" E, a distance of 25.00 feet; thence S 00°00'00" W, a distance of 290.00 feet; thence N 90000'00" W, a distance of 15.00 feet; thence S 00000'00" E, a distance of 275.00 feet; thence S 90°00'00" E, a distance of 945.64 feet; thence S 13°02'47" E, a distance of 115.63 feet to the beginning of a tangent curve concave to the West, having a radius of 810.00 feet; the chord of which bears S 07*47'10" W; thence along the arc of said curve through a central angle of 41°39'54", a distance of 589.03 feet to the beginning of a non -tangent curve concave to the Northwest, having a radius of 100.00 feet; the chord of which bears S 28021'25" W; thence along the arc of said curve through a central angle of 131 °05'52", a distance of 228.81 feet; thence S 33°05'26" W, a distance of 397.79 feet to the beginning of a curve concave to the Southeast, having a radius of 500.00 feet; the chord of which bears S 16032'43" W; thence along the arc of said curve through a central angle of 33005'26",a distance of 288.77 feet; thence S 00000'00" W, a distance of 87.07; Thence N 89°57'05" E. a distance of 588.36 feet; thence S 00002'55" E, a distance of 100.00 feet to the Point of Beginning. Containing 223.40 acres, more or less. Mr. Kelly stated that he would like to explain the pr everyone would understand what it is before ocess of a Planned Unit Development so that the item is presented. He explained that thereare three types of planned developments in St. Lucie County. A PUD (planned Unit Development), which is a purely residential development. A PNRD and a PMUD (Planned Mixed Use Development),(Planned Non -Residential Development) of the Land Development Code. He stated that the whichh are the D velopmesections Com of Chapter 7 WestcPresenting two of the three types, which area PUD on roughly half of the nt on the other half. The Pant would be Purposes of the three types are all theept Property and a PMUD the words residential, mixed use, and no residential, which are to achieve land development of a for the substitution of superior quality through encouragement of flexibility and creativity in design. A planned development of any type or creative iv a Of and a site plan. It allows the developer to present and seek approval for new or creative concepts and allows for design options that are outside the four corners of St. Lucie County Land Development Code. He explained that an example that he Often uses, but is not like the one presented at this meeting but for a straight rezoning. If a but a zero lot line development. The Land Development Code requires a side setback in every c this developer should wish to bring up something completely different it may be presented thmugh that means. If it is approved it becomes that property's zoning with it's own set of standards for zoning.The process is actually three -fold. There is a approval. The preliminarpreliminary PUD approval and a final y is considered the Planning and Zoning Commission, which is the Purpose of these two petitions this evening. The prel County Commission and then will go back iminary will then go before the god of again to the Board of County Commissioners for final approval. If the final approval is substantially like the preliminary, then the County for has some obligation to approve the petition. January 18, 2001 page 3 J'- The responsibility of the Planning and Zoning Commission is to look at the zoning side of this. He explained that this board does not really spend much time looking at site plans. The site plans are left up to the County Commission. He explained that this board would need to know enough about the site plan in order to decide of the appropriateness of the zoning. He stated that this board will see a few site plans and some issues, but the ultimate job is to make sure this is an appropriate place for the number of residential units and amount of non-residential type zonings that will be seen. It is not the job of this board to decide on the overall details, even though they will be brought up to decide the impacts of the zonings. He asked if there needed to be more detail explained on these definitions and duties. Mr. Kelly stated that this evening there would be two separate petitions for Westchester. There is a Planned Unit Development, which is the residential component and a Planned Mixed -Use Development, which is the eastern portion of the project that includes residential, civic site, commercial, office sites, and some concepts that are not often seen in St. Lucie County. As a general description the entire project is located at the Northwest quadrant of Interstate 95 and the Gatlin Boulevard extension. He explained it is primarily proposed to be on converted farmland. He stated that there is not a great deal of environmental impact part of a much larger parcel and staff believes that the developer will ultimately come back for additional approval. If that should occur it would at that time trip thresholds and become a Development of Regional Impact and there will be more review of the development. The proposal is to extend Gatlin Boulevard from its current terminus to a traffic circlet then turn to the north on a North south roadway, which would be primary access in to the project. That roadway in the future could possibly connect to the Glades -cutoff Road in the future. The PUD portion is to the west of that road and the PMUD is to the east. Staff is still working with the developer on a number of issues. Even as late as yesterday there was a meeting. He explained that the school site that is seen in the documents. He stated that particular area will be a called a civic site. The developer is working with several entities to try to figure out how to provide a school site. They have not been able to provide any details to staff . He stated that changing the title to a Civic Site is probably a more accurate term, due to the fact that it was intended to be a building with multiple uses. He explained there are still on going negotiations with the City on the capacity of the roadway and other developers involved in that area. Mr. Kelly explained that in the proposed conditions that were provided separately there were setbacks and staff is still working out the setbacks with the developer. He stated three major . concerns and there are many concerns in the fifty proposed conditions that are being negotiated: Mr. Kelly stated that there are a few he will go over in this evening's meeting. He does not feel the entire list should be part of any motion this evening. He will only go over the conditions he feels are important. He would like to mention that it is staff s belief that this will ultimately be a DRI and the fact that staff wishes to begin working with the developer to make sure all of the DRI issues are ultimately answered and that is why 6iere are fifty proposed conditions. He doe*, not feel that at a preliminary PUD and PMUD hearing they are necessary to be imposed in this board's recommendation to the County Commission. January 18, 2001 page 4 Mr. Kelly stated that the parcel is fairly irregularly shaped and as the Plans are reviwed later the e shapes will be more understood. He stated that there would be two petitions reviewed this evening and will require separate motions and public hearings. It is his experience and to most of te the the discussion seasoned board and bee that t it is not pos open two differesible to nt public hearings gsand make twoends a general different motions. d West Mr. Kelly stated the PUD (Planned Unit DevelopmtTle Proposed new zoning rth side of Gatlin is PUD. of Interstate 95 with a current zoning of AG (Agriculture) The parcel is approximately a little over 373 acres. The proposed use is 600 single-familhas y lots with the associated infrastructure, recreational useslandbl pen sace ; ds and ibefore them Staff is reviewed the project and finds that it meets the applicable over if nothing changes�will mke precorn all wetlands ontion for thissatelThis s a littlebiteport states that the applicantproposing inconsistent with the comment, which indicates the development is preserving 33.05 of acres. He would like the developer to come forward and give his presentatibon so that the board can become familiar to the feel of the development Mr. Grande asked if the correction of the wording about the inconsistency in the preservation of the wetlands would be corrected. Mr. Kelly replied in the affirmative. the density comparisons to the Future Land Use as opposed Mr. Grande asked the reasoning for to current zoning. Mr. Kelly stated that it could be done either way, but the applicant could easily be requesting an Mr zoning to something like that The purpose of reviewing rezoning is to make sure that there is consistency with the Comprehensive Plan. This is an increase in the existing zoning but completely consistent with the Comprehensive Plan. rked out through negotiation with staff and the Mr. Grande asked if the conditions were wo developer. Mr. Kelly replied that ultimately they will be, but the conditions distributed received this board were re has written by staff and given to the developer at the same time theme y he ome problems w► th been some discussion on some of them at a meeting yesterday.nt some of them and are others that are not problems. At some point intheeevening he g, such asiwill Poicture t the ones that should be imposed in the motion at this preliminary e et and impact fees. U, Mr. Heam asked where the urban service boundary currently located. Mr. Kelly replied on the western edge of the property. January 18, 2001 page 5 Mr. Hegener itumdu the President of ced himself as to give a Westchester Develo a President ofst quick introduction to Pment Co Lucie West Development Co moment to give the Conte mpany, He stated his purpose of his Company and In earl a little bit of back Conc Concepts the Westch Y 1999 his companplannin ester. He would like to take presentation is West 1 taff Engineering Firms convened hiamling charrette here of this meiiorr master plan community. West members of the Count g staff. The purpose of Environmental Consultants overall design of this was to define issues that and the St. Y and City need for a co new comm was The first Lucie corporate Park• In St. Lucie West Problem that could be dealt with in the and a distribution business. As the discus intS ere is a s Carrie up in St. Lucie Count and higher payin mall industrial park, small office was a have a location gJObs [here needs to be disc come up ofgeneratin k, With hi h ten ussion of co g Economic Development Of location will a g h telecommunications in a cam orate park in this co n�: 1 attract the type of employer that Pus setting on enough unty, In Order to There is no such facilityProduce high wages. gh land. This type rate and a relative rate of low household in me. 2.) There is a social issue, large generate this co an economic development for that employer to be locateThis is d g unemployment came the need for a corp oime Provide a place that is one portion of civic site He explained that out of this meeting that would provide Pazk is a compliment to the corporate park came the need for a employer. This is what Pedestrian access to everything and be a recreational became the idea of a civic site that could con inactive to a corporate nal uses for the community, and medical tiles contain a school , some house multiple uses such as explained has He explained such discussions with the School Board and othershoWx extremely complex that Thtere have been to components presented at this meetingmake this operational. The housing anticipated to be employed by this care devised in to two types, One is for the families that are facility and employment corporate m re and allow pedestrian access to the community type will be linked b well as a more traditional component of housing. Each housing to the community by and employment this malting it easy to go to a small retail area to walk p yment area. That is the overall concept of Westchester. Mr. Hegener stated he would like to say that his company is extremely proud to be involved with St. Lucie County. He believes St. Lucie West sets a very good example of the types of things that can be done. He believes Westchester is an opportunity to design something brand new. He introduced the Vice -President of Westchester to walk the board through the initial phase of Westchester. L4 January 18, 2001 page 6 Mr. Zboril stated that the reason for the two different zonings being requested was something that came up while working with staff. The western area of the property was more appropriate for strictly residential uses and the eastern portion would have mixed uses. He would also like to state that this will be a DRI and they will come back for subsequent approvals. The reason is this development is being allowed pursuant to State Statute 380.032 which allows for development agreements with Community Affairs. This development agreement allows them to commence a certain amount of development underneath a threshold. They are seeking the amount that is Permitted underneath the multiple use threshold of the DRI process. As a result of the agreement with Community Affairs they will be agreeing with them that they will be performing a pre - application conference with the TCRPC and other interested parties with the permitting office with in 45 days. Additionally, there will be an agreement to submit an application for a Development approval within 6 months of the execution of that agreement. He stated they are consistent with the Comprehensive Plan. He stated that there are no adverse transportation impacts associated with this amount of development being reviewed at this level. Staff has reviewed the transportation analysis that has been prepared. As indicated by staff there will be some infrastructure provided to the site at the intersection of Gatlin Boulevard and the creation of a North/South Road. There is a letter of agreement executed to the City of Port St. Lucie regarding Gatlin Boulevard East of Interstate 95 and has been approved by the City staff and his scheduled to go before the City Council for approval. That agreement allows for the developer to reserve a certain amount of capacity of Gatlin Blvd, which means about 9,500 trips. It allows the city to receive some transportation impact fees from the developer and allow the City to complete a six -lane improvement on Gatlin Blvd from I-95 to Port St. Lucie Blvd. He stated that with regard to the environment and that specifically there are about 5 to 6 acres of wetland impacts of the 40 acres of wetlands in the first phase of the development. He explained that the majority of that impact is 50% with the expansion of Gatlin Boulevard. The site was used as a sod and cattle farm for over 50 years. There .are no on site uplands with native vegetation in the first phase, nor are there any endangered or threatened plants. The wetlands there have been impacted by the years of agricultural and open canal draining system. Mr. Zboril explained the phase one pattern of development is the more conventional cul-de-sac type of development. They feel this is an appropriate development to minimize the impact of the system. The wetlands in this area will be made a part of a 90-acre recreation and reserve area. That recreation and reserve are will have trails that will go through it to link over to the next side and in to more pedestrian paths The other side will have more grid like housing. This type of housing was felt to be more- conducive to the area for the mixed use. They are also seeking the approval for about 75,000 square feet of offices and another 75,000 square feet of commercial and retail. The office is the initial part of the corporate park that was previously mentioned. The retail and commercial is thought of to be as a village center to support the residential units that are there. That would include such uses as Westchester's sales and marketing officeswhat could be a coffee , shop, and restaurants. There is a request for density that is significantly less than there with the underlying land use. He explained that this is for phase one only and it is currently standing alone. Mr. Trias asked to define the corporate park and how the future development works. January 18, 2001 page 7 4 ..i Mr. Zboril replied that the future plan is that all along I-95 will be a corporate park. Due to threshold issues they can only seek approval for 75,000 square feet located on 7 to 8 acres at this time. He stated that through the Dept of Community Affairs there is a density and intensity type threshold and an acreage threshold. Mr. Trias asked why that would be done before DRI approval and what is the advantage. Mr. Zboril replied the main reason is because they are low in the land inventory at development in St. Lucie West for residential projects. He explained that they need some more residential projects to keep the buyers happy. Mr. Jones asked if the streets in the PUD portion going to be private or public. Mr. Zboril replied they would both be private. Mr. Jones asked how that would work with the pedestrian access through that area. Mr. Zboril stated that they envision submitting to the County applications for a Community Development District. Mr. Grande asked if there was annexation anticipated in to the City at the earliest point possible. Mr. Hegener replied that the property is located in St. Lucie County. The St. Lucie County Land Development Code and Comprehensive Plan provides for the uses that will be there. They wish to continue the working relationship with the County, even though St. Lucie West is in the City Of Port St. Lucie. Mr. Grande stated the utilities would be provided by the City of port St. Lucie and quite frequently those agreements need annexations. Mr. Hearn stated he has a concern about the assurances of the building of the multiple use building and the completion of that before a certain phases are completed. He asked if that would be part of conditions from staff. Mr. Kelly replied that it is a- concern of staff. He stated it is also a concern of the developers, because without those things the community described does not fully exist. He explained that this evening is more for a general review and consider the appropriateness of having it there without putting a hard time line on it. The negotiations are still going on and it would be very difficult to tie a time line to it. Mr. Hearn stated his concern is that issues like this have come up in the past January 18, 2001 page 8 Mr. Kelly stated what this board can do is recommend to the County Commission to try and put a time -line on it. He explained that by that time the developer would have had the opportunity to work out a lot of the issues. Mr. Hearn stated he is not sure how to maintain the building zero lot line. If there is painting or repair work that needs to be done. Chairman Matthes asked the applicant to come forward and express different communities that exist with the same approach. Mr. Zboril stated that the minimum lot size for anything proposed residential is 30 x 85 in a range of 85 to 135 on the depth and 90 on width. There are not provisions for zero set backs on two units. If there is zero on one side then there is a setback on the other side. Mr. Hearn asked if the resident would have to trespass on the neighboring property to do repairs. He would like to know what the plans are to take of that type of situation. Mr. Hegener replied that zero lot line projects would apply for an easement or get access by neighbors. They will provide in the final documentation a Home Owner Association documents, design criteria, and an outline to show how that will work. Mr. Grande stated that for Mr. Hearn's benefit there are a number of communities that have that type of partial zero lot line on one side. Currently on island it works extremely well. There have never been any problems maintaining the face on the zero lot line side. It is well cared- for in the association documents. Mr. Grande asked why on condition #45 is staff reserving the right to move 100 units from one side to the other. Mr. Hegener replied that there were some market flexibility. They needed the ability to determine exactly where the market is going to go during the phasing of the project. Mr. Grande stated going from East to West from the less dense residential to the more dense residential area indicates that the residential would have to be expanded at the cost of retail or commercial on the east side. Mr. Zboril stated that they are seeking approval for a variable lot size configuration based upon builder and buyer preference. He stated that there are land areas that are allocated a certain number of units. Those units may be reached before the land area is exhausted before a certain set of assumptions. Those land areas may be exhausted based on all the units are used up based upon the maximum lot sizes, thus meaning they will run out of land before they run out of lots.., January 18, 2001 page 9 Mr. Kelly interjected and stated that staff wished to speak with board about condition #45. Staff is going to recommend the transfer can go either way. The total project is still capped at 800 total. If on either side the market demand was for the very smallest of the lots then there would be additional land available on whichever side. The impacts of this phase are the 800 units and the intent of condition #45 and the modification to go either way is to cap the number of units at the total of 800. It started with the transfer to the east, but as discussions went on it became apparent it could work the other way as long as the total number of units stayed constant. Mr. Lounds asked if the commercial area was not as absorbed as quickly as hoped, he would like to know if it is possible to take the commercial area that has been set aside and change it in to residential. Mr. Kelly replied that the intent was not to change any of the boundaries between the residential and non-residential uses. The street pattern is proposed with variable lot widths. If something in the market dictates the average lot width, it probably uses the land up with the 200 units. Therefore the uses will not change from residential to non-residential or vice versa. Mr. Trias asked why they would build with this idea other than what they have previously track record. Mr. Hegener replied that nationally and regionally are observing younger families with the offices in the home. There is a need being seen for this type of neighborhood, because it is attractive to those types of families. These types of communities on the east side will be seen with mini -vans and sport utility vehicles as opposed to what may be seen in other areas. They feel this is an attractive package.. Mr. Grande asked if one side could lay dormant if the transfer of density took place. Mr. Kelly stated that it could happen even without the transfer of the density either way. He explained that when he comes back in front of the board in the future is when that will be dealt with as far as the transfer. Mr. Merritt would like to hear the rest of the presentation. Mr. Kelly stated that he only spoke of the PUD only and Mr. Zboril spoke in general of the whole project. The PMUD is generally located immediately East of the PUD and the North South road and the zoning is AG -I and the proposed PMUD Zoning District and the Land Use designation is RU. There are 185 %: acres in that parcel with the proposal of 200 units with associated infrastructure. The infrastructure includes 153,500 feet of commercial retail and offices. There is a recreational facility in that there still needs some work. In the PMUD side there will be the civic site and a smaller civic site, tti'dre are areas for retail and commercial and a rather large lake that is part of the retention area. There is a grid pattern for the residential area. There will be a need for 2 different public hearings for each side. January 18, 2001 page 10 Mr. Heam asked why they are separate and not combined. Mr. Kelly replied because of open space requirements for maximum amount of residential and non-residential within the PMUD. In order to make it all fit it worked out this way. The PUD western portion is much more of a traditional PUD project in itself. Chairman Matthes opened the public hearing for the zoning change to the PUD. There being no one the public hearing was closed. Chairman Matthes opened the public hearing for the zoning change to the PMUD. There being no on the public hearing was closed. Chairman Matthes asked if there were any other questions for staff. Mr. Lounds asked Mr. Zboril if they were trying to get this like the Heathrow Development in Northern Florida. Mr. Zboril stated that that market would probably dictate that. Mr. Kelly stated that he is going to point out the conditions that staff really feels that needs to be addressed. He stated that 94, 5, and 6 talk about wetlands and there is a lot of verbage in those. Staff wants to assure that the appropriate agencies look at the wetlands and that they are treated in a lawful manner. He stated that #18 is the condition that authorizes the developer enter into agreements for their potable water sources and authorizes. City of Port St. Lucie, St. Lucie West District, or through a Community Development District create an onsite system. He would propose #18-a that would say nothing will happen if they do not have potable water. This is a kind of concurrency condition that will be similar to #24, which is the wastewater. He explained that #25 has changed in to a civic site instead, but it indicates the developer. will be subject to educational facility impact fees. Then #27 gives the developer an out stating that if he would construct a school or dedicate a school site then he would be eligible for credit to impact fees. He explained that there was the same situation with recreation and open space the developer will be subject to impact fees. Then 929 should stay there with at least the 40% on the west side which is part of the code. He stated that #31 which obligates the developers to pay the environmental impact fees as they may be amended. All impact fees have the clause for amendment. There are conditions # 43 and #44 obligate them to pay transportation impact fees or a credit can be worked out with the City. Then #48 requires final development plans and architectural guidelines. These are the conditions that staff recommends as conditions. The ones that were not mentioned are not recommended at this time. Chairman Matthes asked the developers if this was in the realm of their plans or will their be something to be discussed. January 18, 2001 page l l Mr. Zboril stated they are fine with conditions pointed out by Mr. Kelly. He would like to ensure that the conditions regarding the habitat, wildlife, and vegetation track with the conditions imposed by South Florida Water Management and the Army Corps of Engineers. That there are no additional burdens created in seeking those approvals. Mr. Kelly stated that was the intent in conditions #4,5, and 6. Ms. Dreyer, attorney representing the applicant, stated the intent of the conditions and the concerns that staff has for these conditions. She stated that the conditions may be subject to some further refinement and language clarification prior to the Board of County Commission meeting with that understanding the conditions are acceptable. Mr. Grande asked if there are any of the fifty conditions that could be a problem at this point. Ms. Dreyer replied that there has not been enough time to thoroughly review these conditions and a number of them will need to be considered during the DRI process, whether they are appropriate for the first phase of this project is something staff recognizes. Ms. Lounds asked if it is Ms. Dreyer and staff s understanding that local concerns do not supercede the Army Corps of Engineers or Drainage district rulings on wetlands. Ms. Dreyer stated that they understand that wetlands are determined by the water management district and the federal government. Mr. Aiken asked staff if changing the language to say "civic' site, instead of school site change any of the condition. Mr. Kelly replied that it will change #26 since there are still education facilities imposed on all new structures in St. Lucie County. Mr. Hearn asked if on condition #8 what does the word sufficient mean in that language. Mr. Murphy replied that the condition that are being seen are structured from existing development orders in the county of DRI nature. The terminology used refers to other permitting agencies. The terms sufficient routing would imply that it has to satisfy South Florida Water Management criteria. The language is more to the point of putting people on notice that there are things that need to by complied with and need to be identified at the preliminary phase. These will be furthered refined at some point in a year from now. Mr. Heam asked about condition #9 and how wide does the buffer zone required to be. January 18, 2001 page 12 fi�'i`\ic'Y�A t'��F+,.�T'�`xa�'.Ya�ititM1,M1YA°�,�x f+,�,'kk r,7•h^' n�' ... Mr. Murphy replied that the plans show currently 25 feet but the ultimate determination of that will be that buffer zone requirements of the county and through the Environmental Resource Permitting criteria. Then the criteria will be 15 feet in the minimum. There will probably be some different variations before it said and done. After discussion of the various conditions and a motion to include all the conditions, which was discussed and withdrawn, Mr. Grande indicated that he believed the conditions to be inappropriate at this time. Mr. Grande moved for approval of the Planned Unit Development Mr. Lounds seconded the motions. Upon a roll call vote the motion was passed unanimously. Mr. McCurdy moved for approval of the Planned Mixed Use Development to known as Westchester. Mr. Lounds seconded the motion. Upon a roll call vote the motion was passed unanimously. LL January 18, 2001 page 13 Now %No TO: FROM: DATE: PLANNING AND ZONING COMMISSION REVIEW: 1/18/01 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager January 11, 2001 SUBJECT: Application of Westchester Development Company, for Preliminary Planned Mixed Unit Development approval for the Project Known as Westchester - PMUD, and for a Change in Zoning from the AG-1 (Agricultural —1 du/acre) Zoning District to the PMUD (Planners Mixed Unit Development - Westchester) Zoning District. LOCATION: North side of Gatlin Boulevard immediately west of the 1-95 Interchange, approximately one mile west of the intersection of Gatlin Boulevard and Brescia Street. ZONING DESIGNATION: AG-1 (Agricultural Residential 1 — du/acre) PROPOSED ZONING: PMUD (Planned Mixed Unit Development — Westchester) LAND USE DESIGNATION: RU (Residential Urban) PARCEL SIZE: 185.5 acres PROPOSED USE: 200 Single -Family lots with associated infrastructure, open space and commercial and civic uses. SURROUNDING ZONING: AG-1 (Agricultural —1 du/acre) to the north, south, east, and west. SURROUNDING LAND USES: RU (Residential Urban) to the north, south and west; and MXD Gatlin Boulevard to the east. FIRE/EMS PROTECTION: Station #10 (777 SW Dalton Road), is located approximately 5 miles to the east. UTILITY SERVICE: Port St. Lucie Utilities or St. Lucie West will provide water and sewer services. January9, 2001 Page 2 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: Petition: Westchester PMUD File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 See Comments See Comments Certificate of Capacity. lffffffffffffffffff4kf STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider the following determinations: 1. 2. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. The application for Preliminary Planned Mixed Use Development (PMUD) approval has been reviewed for consistency with the provisions of the St. Lucie County Land Development Code and has been determined to meet all applicable standards of review. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed amendment would be consistent with all elements of the St. Lucie County Comprehensive Plan. This change in zoning will, for example, allow the applicant to develop the subject property in a manner that encourages innovative use of land. This Planned Mixed Use Development (PMUD) will result in a lesser density than that which would be allowed under the current future land use designation. There are 200 single-family lots proposed for construction within the Westchester PMUD. If the subject property were developed at its maximum residential density, 927 dwelling units would be possible. The PMUD also includes 22.73 acres of proposed commercial development, a 53.69 acre school site, and a 2.19 acre institutional site. 14%W ..I January9, 2001 Petition: Westchester PUD Page 3 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 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 Mixed Use Development site plan have been determined to be consistent with the general land uses in the surrounding area. The Future Land Use Maps of the St. Lucie County Comprehensive Plan indicate that the petitioned property is suitable for development at a density of 5 dwelling units per gross acre. The proposed development indicates a gross density of 0.96 dwelling units per acre. 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The proposed site plan, which is tied to this rezoning, is expected to create additional demands on all public facilities in this area. As the proposed development is located within the service area of the Port St. Lucie Utility Department, the applicant was required to provide sufficient documentation stating capacity was available to meet the needs of the proposed project. The Port St. Lucie Utility Department has provided a letter stating that sufficient water and sewer service is available to support the proposed development. The developer is currently working with the city to secure this service. Water and sewer service are also available from St. Lucie West. The subject property is located west of the existing terminus of Gatlin Boulevard. According to the applicant's traffic impact report the following three roadway facilities, which are located within the project study area, are scheduled for improvements within the Port St. Lucie Capital- Improvement Program (CIP): Airoso Boulevard 4-lane divided from Port St. Lucie Boulevard to FY 2000-2001 Prima Vista Boulevard Gatlin Boulevard 4-lane divided from 1-95 to Port St. Lucie FY 2001-2002 Boulevard B a y s h o r e 4-lane divided from Port St. Lucie Boulevard to FY 2001-2003 Boulevard Prima Vista Boulevard The applicant's Traffic Impact Report (TIR) indicates that the proposed project will not negatively affect any of the surrounding roadway links. The applicant has stated within the Traffic Impact Report (TIR) that they will commit to constructing that portion of Gatlin *AW January 9, 2001 Petition: Westchester PUD Page 4 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 Boulevard as a four lane divided roadway from 1-95 to the projects entrance, a distance of approximately one -mile. In addition, the applicant will construct a section of a new north/south arterial roadway which will ultimately connect to Glades Cutoff Road. This additional arterial will be a 4- lane facility and intersect the southern property line at Gatlin Boulevard, approximately one mile west of 1-95. Further, the applicant is proposing to construct a new north/south collector road as part of the proposed development. This collector roadway is proposed to be located approximately Y2 mile west of 1-95. This collector roadway facility will provide direct access to a proposed school, a portion of the proposed residential development and all proposed commercial uses. The proposed development will provide approximately 72.99 acres (35% of the site) as open space. This open space includes the 0.26 acres of wetlands, 44.46 acres of lakes, 3.91 acres of parks, 11.98 acres of common area and a 12.38 acre school site. The proposed development will address its impact on the school district through the provision of a 12.38 acre school site and /or the construction and operation of a school on a 54 acre site within the Planned Mixed Use (PMUD) Development area which is the subject of this petition. 6. Whether and the extent to which the proposed amendment would result In significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant through the PUD (Planned Unit Development) approval process, has proposed a development plan that provides for the protection of environmentally sensitive areas. The applicant will need to obtain all permits relating to environmental impacts on the site prior to any construction. These agencies include but are not limited to the Army Corp of Engineers (ACOE), South Florida Water Management District (SFWMD) and the Florida Game and Freshwater Fish Commission. The environmental impact report (EIR) indicates that there are a number of wetlands located throughout the subject land parcel. In this phase of development, the applicant is proposing to preserve all of the wetlands located on the land parcel. This will result in no net loss of wetlands for this development. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; The proposed zoning designation would result in an orderly and logical development pattern. The development is within the urban service boundary west of the 1-95 Interchange along Gatlin Boulevard west of Port St. Lucie. The logical growth pattern 14W January 9, 2001 Petition: Westchester PUD Page 5 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 within this area will allow for the development of this project as an integrated development with residential and required service components. In this manner, the applicant is proposing to incorporate a portion of the smart growth ideas into the design of the overall project. There will be two sections developed within Phase I of the overall development. The first section is the 600 unit PUD considered in this petition. The second section is a Planned Mixed Use development (PMUD) which incorporates 200 residential units along with commercial and civic 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, Westchester Development Company, is proposing the development of phase one of an integrated project which will include residential, commercial and civic uses. This petition covers the Westchester PMUD, a 200 unit residential project identified as "Eastside" in the attached plans. The "Eastside" plan also contains commercial, and civic uses associated with all of phase one development. The total phase one project is 581.63 acres divided into this 208.57 acre Planned Mixed Use Development (PMUD) and a 373.06 acre PUD which is the subject of a separate petition. The PUD will be considered as a separate but related project. As a PMUD (Planned Mixed Use Development), the project proposes to develop the subject property with some flexibility, such as establishing area and yard standards which are different from those required in the standard zoning districts, and the ability to cluster dwelling units to protect environmentally sensitive areas and provide for alternate development patterns on site. The developer is thus able to reduce the environmental impacts on the property to a greater degree than with more conventional development. Section 7.01.03(I) of the St. Lucie County Land Development Code requires that 35% of the site must consist of open space, a minimum or 15% of which must be native upland habitat preserved in its natural condition. These requirements are met by this PMUD. Staff has determined that the proposed zoning designation and the Preliminary Planned Mixed Use Development site plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. This development will be at a density below what is permitted by the Future Land Use Designation of this property. In considering any approval actions, staff recommends that you forward Resolution attached with this petition to the Board of County Commissioners with a recommendation of approval subject to the conditions found in said resolution. En ..+ January 9, 2001 Petition: Westchester PUD Page 6 File No.: PUD-00-011, RZ-00-015 and MJSP-00-009 Please contact this office if you have any questions on this matter. Attachment cs cc: Westchester Development Company Greg Boggs, Thomas Lucido & Associates File *%W Section 3.01.03 Zoning District Use Regulations 3.01.03 ZONING DISTRICTS A. AG-1 AGRICULTURAL - 1 Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in"()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses a. Agricultural production - crops ton b. Agricultural production - livestock & animal specialties roil C. Agricultural services (or) d. Family day care homes. cam) 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. (es9) f. Fishing, hunting & trapping mg) g. Forestry (m) h. Kennels. (0752) i. Research Facilities, Noncommercial (a») j. Riding stables. (ress) k. Single-family detached dwellings. (m) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Agricultural labor housing. t"91 Adopted August 1, 1990 94 Revised Through O8/01/00 Section 3.01.03 Zoning District Use Regulations / l b. Aircraft storage and equipment maintenance. (4581) c. Airports and Flying, landing, and takeoff fields. (4591) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. ow) e. Farm products warehousing and storage. (422114222) f. Gasoline service stations. (ss ii g. Industrial wastewater disposal. (vss) h. Manufacturing: (1) Agricultural chemicals r2sn (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (24) i. Mining and quarrying of nonmetalic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (9") (2) Apparel & accessory stores. (ss) k. Sewage disposal subject to the requirements of Section 7.10.13. (M) I. Telecommunication Towers - subject to the standards of Section 7.10.23 ryas) M. Camps - sporting and recreational. (7we) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. C. Guest house subject to the requirements of Section 7.10.04. (ssm) Adopted August 1, 1990 95 Revised Through 06/01/00 ♦.e 1*./ Section 7.03.00 Planned Mixed Use Development 7.03.00 PLANNED MIXED USE DEVELOPMENT 7.03.01 PURPOSE The Planned Mixed Use Development District (PMUD) is intended to allow fora combination of residential and 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 land reflecting changes in the technology of land development; B. allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. encourage a broad range of services (shopping, employment, schools, recreation, etc.) in close proximity to their need; D. allow for a juxtaposition of land uses both horizontally and vertically, not otherwise allowed; E. allow design options that encourage an environment of stable character, compatible with surrounding land uses; and 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; 7.03.02 PERMITTED USES AND LOCATIONS Policy 1.1.6.4 of the St. Lucie County Comprehensive Plan sets forth an intensity plan for each area with a Mixed Use Development (MXD) future land use designation. Planned Mixed Use Development (PMUD) zoning is permitted only within the MXD future land use. Permitted uses within the PMUD zoning.designation vary by intensity as specified below. Compatibility and relative placement of different uses shall be limited as specified in Table 7.1, Compatibility of Uses vs. Road Classification & Average Daily Trips. A. High Intensity Any permitted use as identified in the Residential, Multiple-Family-5 (RM-5); Residential, Mobile" Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); Residential, Multiple-Family-15; (RM-15) Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (IL); Industrial, Heavy (IH); Utility (U); Institutional (1); or HIRD zoning districts of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and any other special requirement as set forth in this Code, may be permitted in an area designated High Intensity Mixed Use Development to the extent consistent with the future Land Use designations of the St. Lucie County Comprehensive Plan. Adopted August 1. 1990 390 Revised Through 08/01100 M ..1 Medium Intensity Section 7.03.00 Planned Mixed Use Development Any permitted, use as identified in the Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multiple-Family-9 (RM-9); Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (IL); Industrial, Heavy (IH); Utility (U); Institutional (I); or HIRD zoning districts of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and any other special requirement as set forth in this Code may be permitted in an area designated Medium Intensity Mixed Use Development to the extent consistent with the future Land Use designations of the St. Lucie County Comprehensive Plan. C. Low Intensity Any permitted use as identified in the Residential, Estate-1 (RE-1); Residential, Estate-2 (RE-2); Residential, Single-Family-2 (RS-2); Residential, Single-Family-3 (RS-3); Residential, Single-Family-4 (RS-4); Residential, Multiple-Family-5 (RM-5); Residential, Mobile Home-5 (RMH-4 Residential, Multiple-Family-5 (RM-5); Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial, Light (IL); or HIRD zoning districts of this Code, any accessory use specified in the final PMUD, and any conditional use specified in the final PMUD, subject to the requirements of Section 11.07.00 and any other special requirement as set forth in this Code may be permitted in an area designated Low Intensity Mixed Use Development to the extent consistent with the future Land Use designations of the St. Lucie County Comprehensive Plan. D. Location Criteria Planned Mixed Use Development shall be based on and controlled by the roadway classification as defined in Section 7.03.03(E) The various permitted uses shall be located within the development based on the, functional classification of and the projected average daily trips on the adjacent roadway, as per Table 7-1 below. In the case of large scale developments, the developer shall, subject to the review and approval of the county, specify the functional classification of each road within the development. In the case of smaller projects which are located on existing roads, the county's classifications shall be used. In either case, projected traffic volumes shall be submitted as a part of the required Traffic Impact Report. TABLE 7-1 COMPATIBILITY OF USES vs ROADWAY CLASSIFICATION & IMPACT OF USE USE USE ARTERLLL EL `COLLECTOR .1LOmu LOCAL—, Residential (individual single family) < 4,500 Residential individual two or three family) <4 500 < 4 500 Adopted August 1, 1990 391 Revised Through 08/01100 No., ..+ TABLE 7-1 Section 7.03.00 Planned Mixed Use Development COMPATIBILITY OF USES vs ROADWAY CLASSIFICATION & IMPACT OF USE USE ARTERIAL COLLECTOR LOCAL GENERAL LOCAL RESIOENTAL Residential (other) > 10,000 4501 - 10,000 <4.500 <4,500 Institutional > 10,000 4501 - 15,000 < 7,500 < 4.500 Professional Service / Office > 10,000 4501 - 15,000 < 4,500 Neighborhood Commercial < 7.500 < 4,500 General Commercial > 10,000 4501 - 10,000 < 4.500 Public Services / Utilities > 10.000 4501 - 10,000 < 4,500 Industrial > 10.000 4501 -15,000 < 7,500 7.03.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Mixed Use Development shall be as follows: A. MINIMUM AREA Minimum areas for land uses within Planned Mixed Use Developments shall be as specified in Table 7.2 below. Where more that one land use is developed within a Planned Mixed Use Development, the minimum size of the development shall be the sum of the minimum areas for each land use as specified in Table 7-2 below. All land included as a part of the minimum requirement shall be contiguous and under common ownership or control. Residential land uses may not exceed 40 percent of the Planned Mixed Use Development. TABLE 7-2 - MINIMUM AREA FOR-PLANNED,MIXEpiUSE.DEVELOPMENTS-:., LAND USE .:I ` ` "MINIMUM AREA.. (GROSSACRES) Residential 1 Institutional 1 Professional Service/Office 1 Commercial 1 Public Service/Utilities 1 Industrial 1 Adopted August 1, 1990 392 Revised Through 08/01/00 r10 Section 7.03.00 Planned Mixed Use Development B. RESIDENTIAL DENSITY AND NON-RESIDENTIAL FLOOR AREA RATIOS 1. The maximum permitted residential density of a Planned Mixed Use Development shall not exceed the residential density reflected in the Mixed Use Intensity Plans of the St. Lucie County Comprehensive Plan and referenced in Table 7-3 below. On North and South Hutchinson Island, the provisions of Section 3.01.03(AA), HIRD (Hutchinson Island Residential District) shall govern. 2. For non-residential uses, intensity shall be limited by Floor Area Ratios as specified in Table 7-3 below. Floor Area Ratio is defined as the total floor area of the building divided by the total area of the lot. The total floor area of the building shall include all floors of the building. TARt F 7-s tDENS(TY ANDIFILOOR AREA RAT10StFOR PL`71NNED MIXED USBUEVELOPMENTS '•LANOUSE : - `MINIMUM DU/ACRE .MAXIMUM -. ; ` DUfACRr FLOOR AREA RA'n0 i'NighlMar15l Residential 5 15 Institutional 1.50 Pmfessional Service/Office 1.50 commercial 1.00 Public Services/Utilities 0'50 Industrial 0.50 - Medium Into Residential 5 9 Institutional 1.00 Professional Service/Office 1'00 Commercial 0.75 Public ServicestUtilities 0.25 Industrial 0.25 Low Intensity Residential 0 5 Institutional 0.50 Adopted August 1, 1990 - 393 Revised Through 08101/00 Section 7.03.00 Planned Mixed Use Development TART F 7-s DENSITY AND FLOOR AREA RATIOS FOR PLANNED MIXED USE DEVELOPMENTS LAND USE MINIMUM DU/ACRE MAXIMUM DU/ACRE FLOORAREA RATIO Professional Service/Office 0.50 Commercial 0,50 Public Service/Utilities 0.25 Where mixed land uses are horizontally or vertically integrated on the same parcel, the developer shall demonstrate that the parcel contains sufficient land area for the proposed uses to have been approved individually. I C. DIMENSIONAL REQUIREMENTS For Planned Mixed Use Developments, area, yard, height and other dimensional requirements of Chapters 7, 8, 9, and 13 shall be determined at the time of final PMUD Plan approval except that for any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. Where area, yard, height and other dimensional requirements, as defined by the Planned Mixed Use Development are less restrictive than similar requirements of this Code, approval may be granted by the Board of County Commissioners upon demonstration that such less restrictive dimensional requirements are detennined to be consistent with the intent and purpose of the St. Lucie County Comprehensive Plan, and the other standards and requirements of this Code. D. PUBLIC FACILITIES 1. In order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan, the Planned Mixed Use Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage systems, and other utility systems. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the St. Lucie County - Ft. Pierce Fire Prevention Bureau. 3. The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main Adopted August 1. 1990 394 Revised Through 08/01/00 *%W .1111110' Section 7.03.00 Planned Mixed Use Development requirements will be determined by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the St. Lucie County -Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION Roadway Classification - Roadways in Planned Mixed Use Developments shall be classified as arterial, collector, or local roads or streets. These classifications are presented in order of the intensity of their associated uses. Local streets are further subdivided into residential and general streets. While the uses permitted along these streets differ, neither of these classifications is intended to be used more intensively than the other. Further definitions of and standards for these classifications as used for Planned Mixed Use Developments are found below and in Table 7-4. Arterial road - A route providing service which is relatively continuous and of relatively high traffic volume, long average trip length, high operating speed, and high mobility importance. FIGURE 73 Adopted August 1, 1990 395 Revised Through 08/01/00 ..+ Section 7.03.00 Planned Mixed Use Development Collector road - A route providing service which is of relatively moderate average traffic volume, moderately average trip length, and moderately average operating speed. Such a route also collects and distributes traffic between local roads or arterial roads and serves as a linkage between land access and mobility needs. C. Local streets - Routes which primarily permit direct access to abutting property and connections to a higher order roadway. A local street provides service that is relatively low in volume and short average trip length or minimal through traffic movements. (1) Residential local street - a local street on which only residential, institutional, and neighborhood commercial uses are permitted (see Table 7-1). (2) General local street - a local street on which some residential uses are prohibited (see Table 7-1). 2. Roadway Design Criteria - The following criteria shall be used in planning for traffic circulation. a. Minimum dimensional requirements for roadways in Planned Mixed Use Developments shall be as specified in Table 7-4 below, unless otherwise approved. b. Principal vehicular access points shall be designed for smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Local streets within the Planned Mixed Use Development shall not be connected to streets outside the development where their use would encourage through traffic. C. The proposed Planned Mixed Use 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. d. The proposed Planned Mixed Use Development shall be designed so that arterial and collector roads which enter or leave the project, shall connect to roads of the same or higher classification. e. As specified in Table 7-1 above, all non-residential land uses, other than neighborhood commercial, within the Planned Mixed Use Development shall have direct access to a general local or collector street without creating traffic hazards or congestion on any street. f. As specified in Table 7-1 above, all residential land uses within the Planned Mixed Use Development shall have direct access to a residential local, a general local or a collector street without creating traffic hazards on any street. Adopted August 1, 1990 396 Revised Through 08/01/00 %W v Section 7.03.00 Planned Mixed Use Development Access points on all collector or arterial streets serving a Planned Mixed Use Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. h. Access to arterial streets shall be permitted only for uses with projected average daily trips (ADTs) of 4,500 or greater (see Table 7-1). Streets in a Planned Mixed Use Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with Chapter 13, Building Regulations and Public Works Construction, of the St. Lucie County Land Development Regulations. Variations to the standard minimum right-of-way widths may be considered as part of the Planned Mixed Use Development if it is shown to the satisfaction of the Board of County Commissioners, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Mixed Use Development. j. All roads and streets shall intersect at an approximate ±50 angle of ninety degrees (900) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. k. 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). I. 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. M. Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a "Y" or "T' type of turn 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 Adopted August 1, 1990 397 Revised Through 08/01100 *and Section 7.03.00 Planned Mixed Use Development 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. n. 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. 0. Any pedestrian circulation system and its related walkways shall be separated from the vehicular street system. This may include, when deemed to be necessary by the Board of County Commissioners, pedestrian underpasses or overpasses in the vicinity of playgrounds and other recreation areas, local shopping areas, and other neighborhood uses which generate a considerable amount of pedestrian traffic. TABLE 7-4 MIXED USE AREA'ROAD WAY STANDARDS ROADWAY CLASSIFICATION/ AYG. DAILY TRIPS MIN. ROW WIDTH MAx NUMBER OF LANES MIN LANE WIDTH SIDEWALKS BICYCLE LANES RURAL/URBAN ARTERIAL ROADS 0 - 13,400 100' 2 12' 6' both sides 6' both sides 13.401.- 29,500 160' 4 12' 6' both sides 6' both sides 29,501 and up 200' 6 1Y 6' both sides 6 both sides COLLECTOR ROADS 0 - 10,300 80, 2 12' 6' bath sides 5' both sides 10.301 - 22,800 100' 4 12' 6' both sides 5' both sides LOCAL GENERAL STREETS 0 - 7,500 - 60' 2 12' 6' both sides Optional LOCAL RESIDENTIAL STREETS 0 - 4,500 40` 2 10712' 6' both sides Optional 4,500 - 7,500 50` 2 10712' 6 both sides Optional Requires curb 8 gutter for stormwaler design unless othervnse approved by County Engineer. sa,.m: u,wasur. wpre,wea nanawuuen. •emsorwwmrema oeo.man anm.e„ain. remr. IeM M Senke SWdaN. W Guilefrea. Msual b%emia. Mr IYY! Sl Lune WuMy, Cm.n,Nry OerelKmni 0.pN,e,. Adopted August 1, 1990 _ 398 _ Revised Through 08/01/00 i. %04 Section 7.03.00 Planned Mixed Use Development PARKING AND LOADING General Provisions a. The number, type, and location of parking spaces shall be determined at the time of final Planned Mixed Use Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.01(F) of this Code. The number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces is adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(C) of this Code. 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Off-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. 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 Mixed Use 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 Mixed Use Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the following design standards: a. The minimum size of a parking stall shall be as follows parallel 8 feet X 23 feet angled 10 feet X 18 feet handicapped (parallel) 12 feet X 23 feet handicapped (angled) 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. Adopted August 1, 1990 399 Revised Through 00/01/00 ..+ Section 7.03.00 Planned Mixed Use Development d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted by a minimum landscape area of 360 square feet. G. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. A detailed lighting plan shall be required for arterial and collector streets and any Planned Mixed Use Development located on North or South Hutchinson Island. H. BUFFERS AND LANDSCAPING BETWEEN USES WITHIN THE PLANNED MIXED USE DEVELOPMENT Mixed Use Developments shall provide buffers and landscaping as required by Section 7.09.00, unless otherwise approved. PLANNED MIXED USE DEVELOPMENT PERIMETER BUFFERS Buffers at the perimeter of the PMUD shall be as specified in Table 7-5 below. TABLE 7-5 REQUIRED PERIMETER BUFFERS' ,PLANNEDMIXED USE -" DEVELOPMENT 'BUFFER'.REQUIRED"OF PMUD-PROPERTY '�BUFFER'REQUIREDOF - cAWACENTPROPERTY RESIDENTIAL 30 Feet To be determined by the zoning of the adjacent property COMMMERCIAVINSTITUTIONAL 30 Feet INDUSTRIAVUTILILITY 40 Feet SETBACKS FROM AGRICULTURAL LAND Planned Mixed Use Developments adjacent to land used for agricultural purposes, or designated for agricultural use on the Future Land Use Map of the St. Lucie County Comprehensive Plan shall provide setbacks from the agricultural land sufficient to protect the function and operation of those uses from the encroachment of Urban activities or uses. K. OPEN SPACE AND LANDSCAPING STANDARDS A minimum of thirty-five (35) percent of the gross area of the land to be committed to a Planned Mixed Use 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, road or drainage rights -of -way, above ground Adopted August 1, 1990 400 Revised Through 08/01/00 ,%W ..rt Section 7.03.00 Planned Mixed Use Development utilities, excluding exclusive stormwater treatment facilities, and parking areas. A minimum of 15 percent of any existing native upland habitat on the property, is -to must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. 2. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Mixed Use Development. Areas that are floodways, lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space, subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Mixed Use Development submission process, the developer orpetitioner for the Planned Mixed Use Development shall provide for one of the following: a. The advance dedication of all common open space to a public, or acceptable private, agency that will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land Gearing, for any portion of the Planned Mixed Use Development ;or, b. A phased conveyance of the land to be used for common open space to a public or acceptable private agency thatwill, 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 Unit Development . No such parcel of land dedicated or conveyed for common open space shall be less than one (1) contiguous acre, and all such areas shall be physically part of the Planned Mixed Use Development. 3. Areas provided or reserved to meet any other environmental preservation or protection requirements of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. 4. Landscaping for off-street parking and loading areas shall, as a minimum, meet the requirements of 7.09.00. 5. For Planned Mixed Use Developments to be constructed in stages or phases, the net open space provided in an individual stage or phase may vary from the required thirty-five (35) percent if the approved plan for the Planned Mixed Use Development provides for the required open space, and the County is assured that the open space will be provided. Adopted August 1. 1990 401 Revised Through 08/01/00 14W 1%W L. PHASING Section 7.03.00 Planned Mixed Use Development A Planned Mixed Use Development may be developed in more than one stage or phase. 2. If a Final Development Site Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. No more than two (2) years shall elapse between the completion of any stage or phase, and the final stage or phase shall be completed within ten (10) years of the date of Final Development Site Plan approval. Extensions of the above requirements are subject to approval by the Board of County Commissioners. Unless otherwise amended by the Board of County Commissioners through the Final Development Site Plan review process, the following sequence of development must be adhered to: One or more major recreation facilities and other major amenities, planned to serve the entire development, shall be completed or adequate security posted prior to the issuance of building or mobile home permits of more than forty (40) percent, or other percentage as determined by the Board to be appropriately based on circumstances that include the size of the project and the proposed phasing schedule of the total number of authorized dwelling units. Recreation facilities or facilities and other amenities planned to serve one (1) phase of a multi -phased development shall be completed or appropriate security posted prior to issuance of building or mobile home permits or the recording of any final plat within that phase. b. For Planned Mixed Use Developments to be constructed in stages or phases, the net density of an individual stage or phase may vary from the approved Final Site Plan subject to the requirements in Section 11.02.05. 3. Notwithstanding the above, if the land is within a Development of Regional Impact and governed by a development order, the development order shall govern the timing of the phases or stages of development activity. M. SIGNS 1. Permitted permanent signs within the Planned Mixed Use Development (PMUD) zoning designation shall vary by intensity and use as indicated below. Such signs shall be consistent with the following Sections of this Code. Chapter 9, Signs; provided, however, that the Board of County Commissioners may condition approval of a Planned Mixed Use Development (PMUD) upon compliance with more stringent or restrictive 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, 1990 402 Revised Through 08/01/00 %.. 2. Land Use Classification High Intensity: Residential Institutional Professional Service/Office General Commercial Public Service/Utilities Industrial Medium Intensity: Residential Institutional Professional Service/Office General Commercial Public Service/Utilities Industrial Low Intensity: Residential Institutional Professional Service/Office General Commercial Public Service/Utilities Section 7.03.00 Planned Mixed Use Development Section 9.01.01(C) Section 9.01.01(E) Section 9.01.01(D) Section 9.01.01(F) Section 9.01.01(F) Section 9.01.01(F) Section 9.01.01(C) Section 9.01.01(E) Section 9.01.01(D) Section 9.01.01(F) Section 9.01.01(F) Section 9.01.01(F) Section 9.01.01(8 ) Section 9.01.01(E) Section 9.01.01(D) Section 9.01.01(E) Section 9.01.01(E) All other requirements and standards relating to signs within the Planned Mixed Use Development (PMUD) zoning designation shall be consistent with Chapter 9 of this Code. Adopted August 1, 1990 403 Revised Through 08/01/00 0 0 c z a F 5 ti a Cn CO 3 � 16.. A Petition of St. Lucie Farms Inc. for a Rezoning from AG-1 (Agricultural, 1 uniVacre) to PUD (Planned Unit Development) and PMUD (Planned Mixed Use Development) for the project known as Westchester, an 800 unit mixed use residential development. RZ00-015 Community Development �G1���LLL4 ems This pattern indicates ceog�n and Do 1.rmation 2= subject parcel _::-�-•°-'-- —^ N N 0 0 coo CD cCD a( _Q 0 CD co V J rf- `) mm_ V w IN sty Cn C� a m N ; � 3 � it i • OQ � � 56 •lels�•1N FyY m a o- i #� N 3 (D . � - `. ..+ CO �cn CD C) � CD W � C) 73 m _ Q n� CD Cn ^T I � 0 0 Y CJTl C w cD r-+ r 0 CD —n 3 cn 5 0 i 0 .'J�J O� UIU;O�b oo'U,Ait NO'OIN N N.00.O O:d O 'O O O O O'Oi0 007i O.o.O oo 0 0 0 0:0 O o O OO 0 0 0 O.O O O O O O O OO.O O O,O Mco.xx'oX �' »O cbnC boo o w _5. r ^.. No 0o t�i o W WW W W W'•W W W�N�NNiNIWIWIW W:W�N., • A J J b J A;A A A,A - N O O O O6:6 O O; O NON O N;O'O O O,O- N O O �o-ee-eUel le•10 Inc 5I UHKI Ivtw obi L21 41Gb r.f72iO4 ® 2090606 -Black 2/22/2r"1 0:44 0:002090606 Mary Byrne -Black `be ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA March 6, 2001 TO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Section 11.00.03 of the St. Lucie County Land Development Code and in accordance with the provisions of the St. Lucie County Comprehensive Plan, that the following applicant has reqvesied that the St. Lucie County Board of County Commissioners consider their request as follows: 1. Westchester Development Company, for a change in zoning from AGA (Agricultural - 1 du/ocre) Zoning District to the PMUD (Planned Mixed Use Development) Zoning Dislrict to be known as Westchester for the following described property: Being a parcel of land located in Sections 9, and 10, Township.37 South, Range 39 East, St. Lucie County, Florida. Sold parcel being more particularly described as follows: Commence of the intersection of the centerline of Gatlin Boulevard, (also being the North line of Section 15) and the Westerly limits of Gatlin Boulevard Right -of -Way and the Westerly limits of those lands described In an Order of Taking, dated July 24, 1979 and recorded in Official Record Book 311 at Pages 2946 through, 2952, inclusive, Public Records of St. Lucie County; Florida, and as shown on the Florida Department of Transportation Right -of -Way mops for State Road #9 (1-95). Section 94001-2412; doted 6/2/77, with lost revision of 9/11/79, thence N 00°02'55" W, a distance of 100.00 feet; thence S 89S57'05" W, a distance of 588.36 to the Point of Beginning; thence. S.89'57'05" W, a distance of 1839.74 feet to the beginning of a tangent curve concave concave to the Northeast, having a radius of 175,00 feet; thence along the arc of said curve through a central angle of 54°37'25", a distance of 166.84 feet to a point of reverse curvature with a curve concave to the Southwest, having a radius of 300.00 feet }hence along the arc of said curve through a central angle of 18957'46", a distance of 99.29 febt to a point of reverse curvature with a -curve concave to the Northeast, having -a rodius-of 175,DO feet, thence along the arc of sold curve through a central angle of 54°37'25", a distance of 166.84 feet, thence N 00914'09" E. tangent to the lost described curve, a distance.of 1672.37 feet to the beginning of a tangent curve concave to the Southwest, having a radius of 3100.00 feat; thence along the arc of sold curve through a central angle of 25'48'20", a distance of 1396.22 feet; thence N 26°02'03" W, non -tangent to the lost described curve, a distance of 50:O0feet; ttt"tQnce N 63*43'13" E, a distance of 196.38 feet to the beginning of a curve concave to the South, having a radius of 525.00 feet; the chord -of which bears N 78027'42" E; thence along the ckqrrc of said curve through a central angle of 29'26'59", a distance of 269.89 feet; thence S 86'48'48" E, a distance of 62.97 Feet to the -beginning of a.curve. concave to the. Northwest, having a radius of 275.34 feet; the chord of which bears N 47°34'02" E; thence along the arc of said curve through a central angle of 91°1l'Si", a distance of 438,26 feet to a point of reversecurvature with a curve concave to the East, having a radius of 527.97 Feet, the chord of whfch bears N 20°16'30" E; thence along the arc of said curve through a central angle of 40910'52", a distance of 370.26 feet to a point ofreversecurvoture with a curve concave tar the Northwest, having a radius of 1956.76 feet; the chord of which boon N 26°56'51" E; thence along fhe arc of said curve through a central ongle of-26°57'03".a distance of 920.42-feet. taa-pcInt of reverse curvature with a curve concave to the Southeast, having a radius of 525.00 feet; the chord of which bears N 28°D02'14" E, thence along.the arc of said curve through a central angle of 21°09'50", a distance of 193.92 feet to the beginning of a non -tangent curve concave to the Northeast, having a radius oil550,00 feet; the chord of which bears S 49*07'13" E; thence along the arc of said curve through a central angle of 17'S9'OS"; a distance of 496.53 feet ence 5 58°06'45" Ea distance of 389.95 feet to the beginning of a curve concave to the Southwest having a radius of 450.00 feet the chord -of which bears S 29'00'27" E; thence-olong the-atc of said curve through a central angle of 58°12'36", a distance of 457.18 feet to a pant of reverse curvature with a curve concave to the -East, having aradius-of 1050.00.feet; the chord of which bears S 09904'45" E; thence along the arc of said curve through a central angle of 18°21'l j",o distance of 336,35 Feet; thence S 18*15'21" E, a distance of 855.11 feet to the beginning of a non -longest curve concave to the Southeast, having a radius of 100.00 feet; the chord of w1lich bears S 31'48*09" W; thence along the arc of said curve through a central angle of 32°43'41", a distance of 57.12 feet; thence N 90'OO'OD" W, a distance of 696.16 feet, thence 5 00'00'00" W, a distance of 320.00 feet; thence S 90°00'00" E,o distance of 25.00 feet; thence S 00°00'00" W, a distance of 290.00 feet; thence 90°00'00" W, a distance. of.25.00.feet; thence ..5-QO'00'00" W, a distance of 270.00 feet thence 5 90000'00" E, a distance of 25.00 feet, thence S 00*00*00" W, a distance of 2-90.00 feet; thence N 90'00'00" W, a distance of 15.00 feet; thence S 00"00'00" E,a distance of 275.00 feet; thence S 90'00'00" E, a distance of 945.64 feet; thence S 13*02'47" E, a distance of 115.63 feat to the beginning of a tangent curve concave to the Wgst, having a radius of 810.00 feet; the chord of which bears 5 07'47'10" W; thence along the arc of said curve through a central angle of 41 *39*54", a distance of-589.03 feet to the beginning of a non -tangent curve concave to the Northwest, having a radius of 100.00 Feet; the chard of which bears S 28021'25" W; thence- alongthe arc. ofsaid curve through o control angle of 1 31'05'S2", a distance of 228.81 feet; thence S 33'05'26" W, a distance of 397.79 feet to the beginning of o curve concave to the Southeast, having a radius of 500.00 feet;the chord of which bears S 16'32'43" W; thence along the arc of sold curve through a central angle of 33005'26",o distance of 286.77 feet; thence S 00'00'00" W, a distance of 87.07 feet to the Point of Beginning. Containing 208.59 acres, more or less. Tax id No.4310-212-0001-000/2 4309-000-0000-000/0 Localion; North of Gatlin Blvd West of Interstate 95 2. Westchester Development Company, for a change in zoning from AG-) (Agricultural - 1 du/ocre) Zoning District to the PUD (Planned UnitDevelopment)Zoning District to be known as Westchester for the following described property: Being o parcel of land located in Sections 8; 9,16, & 17, Township 37- South, Range 39 East, St. Lucie County, Florida. Said parcel being more particularly described as follows. - Begin at the intersection of the centerline of Gatlin Boulevard, (also being the North line of Section. 15). and..the.Westerly Ilmits.of. Gatlin Boulevard Right -of -Way and the Westerly limits of those lands described in an Order of Taking, doted July 24. 1979 and recorded in Official Record Book 311 at Pages 2946 through, 2952, inclusive, Public Records of 5t. Lucie County, Florida, and as shown on the Florida Department of Transportation Right-of-Woy maps for State Road 99 (1-95), Section 94001-2412, doted 612177, with last revision of 9/11/79; thence S 00'02'55" E, a distance of 100.00 feet; thence S 89057'05" W o distance of 2428.10 feet to the beginning of a tangent curve concave to the Southeast, having o radius of 175.00 feet; thence along The orc of said curve through a central angle of 54037'27", a distance of 166.84 feet to a point of reverse curvature with a curve concave to the North, having a radius of 300.00 feet; thence along the arc of said curve through a central angle of 144*37'40", a distance of 757.26 feet to a point; thence S 89'57'05" W, 9 distonco of 4508.78 feet; thence N 00000'00" E( a distance of 2482.51 feet; thence N 87*16'17" E, a distance of 196.14 foot; thence S 76931'44' E, o distance of 48.81 feet, thence N 14'12't2" E,a distance of 40.00Felt to the beginning of o non -tangent curve concave to the Southwest, having a radius of 1950.001feet; the chord of which bears S 68'58'33" E; thence along the arc of said curve through'a cenkol angle of 13'38'31",0 distance of 464.27 feet; thence N 27'11'31" E, o distance of 100.00 feel; thence S 58'08'06" E, a -distance of 492.35-feet to the beginning of a tangent curve concovr to the North, having a radius of 950.00 feet; thence along the arc of said curve through a central angle of 42'28'21 ", o distarrceof 704M feet, the ce-N 32'46'1 S" E, non-rongem to lost described curve, a distance of 33.95 feet; thence N 12920'57" W, a distance of 315.54; thence N 7049'36" E, a distance of 214.11 feet; thence-N 84'S2'2W-- E; o-dtstanceof 300.55 feet; thence-N-14'09'S3" W. a distance of 242.58 feet; thence N 52'27'35" E, a distance of 39.61 feet; thence N 29'13'49" W, a distance of 280.04 feet; thence N 07613'39" W, c dItIonce of 222.22fe.t; thence N 03*00'12" E, a distance of 59.95 feet; thence N 04'54'56" W,o distance of 221.93 feet; thence N 17'5113" W; a distance of 60.24 Feet; thence N 3P24'06" E, a distance of 74.68 feet; thence S 70038'31" E, a distance of 91.16 feet; thence S 78'08'31" E, a distance of 187.63 feet to the beginning of a non -tangent curve concave to the Southeast, having cr rcFqivs of 161.90 feet; the chord of which bears N 63'40'43" E; thence along theorc of said curve through a central angle of 65'49'09", a distanceof 1 95.99-feet-to the beginning of arson-tang4knt curve concave to the Southeast, having a radius of 650.00 feet; the chord of which bears N 31'39'20" E; thence along the am at said cvrvethrough ccenkof angle of 2e4l'20', o distonc"I 302.78 feet; thence N 45'00'00" E, tangent to last described curve, a distance of 1034.D6 feet; thence S 45'00'00" E, o distance of 636:49 feet to the beginning of a curve -concave to the Southwest, having a radius of 2900.00 feet; the chord of which bears S 35'41'31" E; thence along the arc of said curve through a central angle of 16*36'57', o distance of it42.24 feet; thence N-61'44'45" E, non-longent to last described curve, a distance of 200.08 feet; thence S 26'16'50" E, a distance of 45.00 feet to the beginningofa-non-tongentcurve concovelo the Southwest, having a rodius of 3102.47 feet; the chord of which boon 5 12038'54" E, thence along the arc of said curve through a central \% `. 14,0 angle of 25'46'06", a distance of 1395.31 feet; thence S 00" 4'09" W, tangent to lost described curve; adistance -of-1672.35-feet to the beginning of a- tangent curve.cpncove to the Northeast, having a radius of 175.00 feet; thence along the arc of sold curvo through a central angle of 54°37'21", adistance -of 166.83.feet. to a point of reverse curvature concave to the Southwest. having a radius of 300.00 feet; thence along the arc of said curve thrqtugh a central angle of 1 B'S7'39", a distance of 99,28 feet to o point of reverse curvature concave to the Northeast, having a radius of of 175.00 feet, thence along the arc of said curve through a central angle of 54"37'22", a distance of 166.84 feet thence N 89°57'05" E, tangent to the last described curve a distance of 2428.3 1 feet, thence S 00"02'55" F, a -distance of 100,00 feet to the Point of Beginning. Containing 373.19 acres, more or less. Texld No:4308.000-0000-000/7 4309-000-0000-000/0 Location: North of Gatlin Blvd West of Interstate 95 A PUBLIC HEARING will be -held in the. County Commission Chambers, 3rd floor of the Roger Poitros Administration Annex Bulldin% 2300 Virglnlo Avenue, Fort Pierce, Florida on March 6, 2001, begfnningrot 7-00 P:M. ores soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Stotutes, If a person decides to appeal any decision made by a -board agency, or commission with respect to any matter considered of a meeting or hearing, he will need o record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS ST. LUCI€ COUNTY, FLORIDA /S/ Frannie Hutchinson, CHAIRMAN PUBLISH-0ATE: February 24, 2001 TOTAL P.04 AGENDA REOLV�T ITEM NO. LO DATE: March 6, 2001 F� oR1oQ CONSENT [ ] REGULAR [X] PUBLIC HEARING [] Leg. [ ] Quasi -JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT):Community Development Department r �GC � Department Head SUBJECT: Selection of a Consultant for 2001 Community D elopment Block Grant (CDBG) Administration and Proposal Writing BACKGROUND: Federal Regulations and the St. Lucie County Purchasing Manual require an evaluation procedure for selection of a Community Development Block Grant (CDBG) Consultant for the writing and administration of CDBG funds for Economic Development projects. Four companies responded to the Request for Proposals. A internal selection committee reviewed and ranked all four proposals using the established criteria and then sent the top three firms to the Board for final review and ranking. Each Board member has now ranked each proposal using the prescribed scoring sheets and criteria established in the County Purchasing Manual. The Board will announce the final ranking of the firms at this meeting. The County is eligible to submit a proposal and receive up to $750,000 in CDBG funds for economic development projects. S AVAILABLE• N/A PREVIOUS ACTION• The Board has previously approved the advertising and issuing RECOMMENDATION• of an RFP on December 19, 2000. Pursuant to state requirements outlined in the Small Cities Community Development Block Grant Program and St. Lucie County Purchasing Manual, Staff recommends the Board rank the three firms, selecting the firm with the lowest score. COMMISSION ACTION: CE [ Xl APPROVED [ ] DENIED [ ] OTHER: Nancy Phillips chosen D as Anderson County Administrator Coordination/Signatures County Attorney: Mgt 6 Budget: Purchasing: Originating Dept: Other: Finance: (copies only): Other: %j. v Mi ' • i DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Board of County Commission FROM: Julia Shewchuk, Community Development Director DATE: March 6, 2001 SUBJECT: Selection of a CDBG Consultant for 2001. Per the Department of Community Affairs' Small Cities CDBG requirements, and the St. Lucie County Purchasing Manual, certain procedures must be followed in procuring professional services for the writing and the administration of Community Development Block Grants. On December 19, 2000, the Board approved the advertising of a Request for Proposals (RFP) for the CDBG process. RFP #01-017 was issued and four proposals were received by the January 17, 2001, deadline. The County Administrator then formed an internal staff selection committee who reviewed and ranked the proposals in accordance with criteria and ranking forms published in the RFP. The Committee met on February 22, 2001, and choose the three highest ranked firms for submission to the Board. The proposals, ranking sheets and ranking criteria were forwarded to the Board on February 23, 2001. Each Commissioner then ranks the proposals based on the highest total points scored. The scoring sheets will be maintained in grant files as a public recored. A summary of each Commissioner's personal ranking is then created by awarded on point to the firm ranked number one by the Commissioner, two points if ranked number two, and three points if ranked number three. All Commissioner's points are tabulated and the firm with the lowest score shall be the firm the County enters into negotiations. The rankings are presented at the Commission meeting and the winning bidder announced. tment AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ~OV ITEM NO. DATE: March 6, 2001 REGULAR K PUBLIC HEARING[ ] CONSENT[ ] PRESENTED BY: SUBMITTED BY(DEPT): PUBLIC SAFETY JACK T. SOUTHARD PUBLIC SAFETY DIRECTOR SUBJECT: Combining the animal control efforts of St. Lucie County and the City of Ft. Pierce. BACKGROUND: See attached letter from Dennis W. Beach, City Manager of Ft. Pierce. Letter of response from Doug Anderson, County Administrator to Mr. Beach. FUNDS WILL BE AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff requests that the Board, of County Commissioners authorize permission for staff to discuss consolidation of animal control between the City of Ft. Pierce and St. Lucie County. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [X] OTHER: No Vote No Commissioner in favor of combining Animal Control. No action will be taken. Review and Approvals County Attorney: Management & Budget Originating Dept Other: CONCURRE E: Do g s Anderson County Administrator Purchasing; Finance: (Chec or Copy only, if applicable) Eff. 5/96 SUN,Q RT PIERCE I OFFICE OF THE CITY MANAGER CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 October 25, 2000 Mr. Douglas M. Anderson Administrator Saint Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Mr. Anderson: TEL. (561) 460-2200 FAX (5611466-5492 Thank you for taking the time to meet with Chief Savage, Sgt. England, Rob Schwerer and me regarding animal control activities in Fort Pierce. Our request is that you consider combining the animal control efforts of Saint Lucie County and the City of Fort Pierce. We currently have two employees with an equipment inventory (attached). A summary of activity is also included on the attachment. However, Sgt. England, the Police Department Supervisor of that function, indicates that those statistics could go higher if additional manpower were dedicated to this effort. You indicated that you would review the statistics, prepare cost estimates and give us a response in the near future. I look forward to hearing from you at your convenience. Sincerely, Dennis W. Beach City Manager DWB/btp cc: Eugene Savage, Chief of Police Robert V. Schwerer, Assistant City Attorney \r r./ S 0 N CITY tjORT PIEREE , OFFICE OF THE CITY MANAGER CITY HALL, 100 NORTH U.S. 1 P.O. BOX 1480 FORT PIERCE, FLORIDA 34954-1480 January 3, 2001 Mr. Douglas M. Anderson Administrator Saint Lucie County 2300 Virginia Avenue J� Fort Pierce, FL 34982 i Dear Mr. Anderson: IT 1P I" TEL. (561) 460-2200 FAX (561)466-5492 The attached correspondence came up in my follow up file and I was hoping that you would be able to provide some information regarding the County's position on this request. If I can provide additional information, please let me know. I look forward to hearing from you at your convenience. Sincerely, Dennis W. Beach City Manager DWB/btp Attachment -,i JAN 4 2001 �._c_:. E __J `.r BOARD OF COUNTY COMMISSIONERS January 11, 2001 Mr. Dennis Beach, City Manager City of Fort Pierce P.O. Box 1480 Fort Pierce, Fl 34954 Dear Dennis: COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON This is in response to your letters of October 25 and January 3 regarding your request for St. Lucie County to consider combining the animal control efforts of the County and the City of Fort Pierce. Attached is an estimated cost for the County to assume the role of Animal Control for the City of Fort Pierce. Please note that this estimated cost includes three animal control officers dedicated to the City. In addition to the annual estimated cost of $109,250 there would be an initial investment of $45,600 for equipment. The capital equipment replacement cost would occur every 5-7 years thereafter. In summary, the first year's estimated cost would be $154,850 with $109,250 annually thereafter. This amount would be adjusted by the Consumer Price Index, or some other method, each year. In the fifth year the amount would be adjusted up or down based on actual experience. Anyagreement would be subject to an interlocal agreement approved by both Commissions. Please contact me with your thoughts. Thank you. Sincerely, Jack Southard, Public Works Director Maggie Gouin, ManagemenyBudget Director Robert Bradshaw, Assistant County Administrator Dan McIntyre, County Attomey JOHN D. BRUHN, District No. 7 • DOUG COWARD. District No. 2 • PAULA A. LEWIS, Dbrrlct No. J • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. County Admnnistrotor - Douglos M. Anderson 2300 Virqinio Avenue • Forr Pierce, FL 34982-5652 • Phone (561) 462-1450 • TDD (561) 462-1428 INTER -OFFICE MEMO TO: DOUGLAS M. ANDERSON, COUNTY ADMINIST FROM: JACK T. SOUTHARD, PUBLIC SAFETY DIRECT DATE: JANUARY 2, 2001 SUBJECT: FT. PIERCE ANIMAL CONTROL The City of Ft. Pierce at this time operates with only two (2) animal control officers. Many times during the last year due to illness and medical leaves, they have had to operate with one, and sometimes none, leaving either many calls unanswered or the complainant is asked to call back later, or they rely on the Ft. Pierce Police Department to handle. Many times the Police Department in certain emergencies relies on the county animal control to help out, which we have. Ft. Pierce animal control has relayed to us that they handled 2,384 calls for service, which we feel is extremely low due to the reasons stated above. The following is a breakdown of what they have and what would be needed if the county were to take over there operation. Personnel and Operating Cost 3- A/C Officers $ 93,000.00 Overtime 5,000.00 Training and Education 1,500.00 Uniforms, etc. 750.00 Gas, Oil, Grease, Vehicle Insurance, etc. 9,000.00 Total $109 JAN _ 2 2001 CG. ADMIN. (WRe P %tw ..i Capital Equipment 3 1994 Ford Trucks 6 800MHz radio's 5 Catch Poles 15 Animal Traps 2 Pairs of Protective Gloves 2 ASP Batons Total Explanation of Cost Personnel $ 39,000.00 replacements 6,600.00 Same Same Same Same $ 45,600.00 I believe the City of Ft. Pierce would expect 24/7 coverage from animal control, lessening the animal complaints from the Ft. Pierce Police Department, so they can handle priority police calls. St. Lucie County Animal Control does rely on the Sheriffs office after hours to handle nuisance calls and are only called out after they have verified animal control is needed. The Sheriffs Office also will lend us a Agriculture Detective for cruelty calls if needed. Three (3) A/C Officers will still not provide 24/7 coverage, but late evenings and midnights can be on a call out basis. Overtime is based on on -call pay, call out, holiday pay and coverage. Training and education is self explanatory. Capital Equipment Both trucks are over 5 years old and do not fit into our fleet management plan or warranty policies. This would be a one time cost for 5 years. Radio's will have to be upgraded to the new 800MHz Communication system, county officers have both a mobile and portable radio. This would be a one time cost for 5-7 years. Annual Operating Cost Would consist of gas, oil, general maintenance, pagers, operating and office supplies, printing, vehicle insurance and communication contract on radios. r00 Total cost for first year: Personnel & Operating Cost $ 109,250.00 Equipment $ 45,600.00 Every 61 year Total Cost $ 154,850.00 (First yearl $ 109,250.00 (Second year, increase by consumer price index. St. Lucie County should opt to let the Humane Society cost be the sole responsibility of the City of Ft. Pierce, and they could negotiate their own contract. Capital Equipment would be a one time cost for 5 years, renewed on the 6th. Please review, and let me know when I can sit down with you, to discuss this proposal. Thank -you JTS wp/doug/fp animal control I r . �,,rrson; the' maxununi ;continues ` today convicted of either of the tLinda o sc ' from FHP' Capt. ond- . ee: felo}l' degr. •4+}'k!'Nltilri 4a 1'' • � o i it r '...•r + r ♦M a t( Ate 1 l • , 1 Cn According the`' � o .. of laws�l ` •' rj1. i �r i5` r 4 / `.�•waii,.% Iti ,J , 3 4 ;•,� Xhi r ,. .as .fora damages. r,•-<. i 4� •,� r; ° 5 exceed1 ing$15,000,�the.restaurant a a''° A I habi discardin t of and , g. empty a,. box: greasy..przza .bones, nnd`:ather,! ,, Y,t;.A6: decided to' debrrs.°from the operation of :the ' �_ • "'" r end of,the plaza , �restauranty thewal )directly on ' { / ''a,$ k- x y 4r „ n.• It ?. , t Y r� .ter r•wM{ f' net Pizza is near : � ;Because of that h ' uit' A e ,laws } alleges "the walk i T a way .became ►e.she. was walk-Yr� greasy .and sl ppeiq;��;: and, the �Y," :,Messer said �' restauranx-..was. negligent in ,riot ied archways. �•�v ,t s r E, , i : g 1?atrdns of the « er S. dang - nature of the walkway" , 4 w he county,% p -o e SI-dent gas tax,' !004, to 2014• aT $424,052 was ited by `request: Hector Arias to. tl� complete. the'streetscape for'the orange :Avenue, .project, ( which .. runs: from Indian Rrver give : to"� ` 13th•Str'eet'.,; , ' _ ! Police thief Eugene Savage "` p es0 ted `a • , propbsAl xo consolr«; . th'e• ,'county, Then-•. co mmissa agreed unanirnou$ly':f :City r�. .to begin working with them ,on the matter k ,ilnt J ryf'�I t .. 1 CQ1- � SS ��1��ITEMIS-:t,:�) �O>D OF COU i�1 COM Y IIISSSSIO E, RS ME-E-i-EF.T1 N; `. ""we 03/02/01 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST 24-FEB-2001 TO 02-MAR-2001 F22- UND I TITLE EXPENSES PAYROLL 001 General Fund 99/00 122,494.28 3.92- 271,679.25 53.72 001125 001128 TC Community Action Aency,FgY 407.48 558.01 4,457.25 796.55 001130 TCction CommunityMActionA/AgencyR1FY00/01 Annex to comp 94.04 0.00 001134 001243 Terrorism pian Childern's Environ. Learning Center 1,258.52 0.00 1,188.80 001252 001253 Urban Mobile Irrigation Lab Grant 1999 DMS One -Stop Permitting Grant 88.43 1,543.00 0.00 001256 001258 CTD TRIP Grant FY 00/01 TDC Planning ant FY00/01 15,270.00 109.44 0.00 1,453.70 001809 SFWMD-FloridianGrAquifer Well Fund 01/04 90.95 16,707.74 1,188.80 106,854.59 101 101002 Transportation Trust Transportation Trust/80% Constitut 11,132.00 0.00 43181.79 102 Unincorporated Services Fund 41145.93 7,417.50 3:806.40 102001 105 Drainage Maintenance MSTU Library Special Grants Fund 1,905.14 2,021.49 107 107002 Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar 166,224.02 7,585.79 49,848.59 27,442.03 112 River Park II Fund 518.15 427.94 0.00 0.00 115 118 Sheraton Plaza Fund Paradise Park Fund 687.07 0.00 120 122 The Grove Fund Indian River Estates Fund 153.71 866.22 0.00 0.00 126 Southern Oak Estates Lighting 222.24 666.37 0.00 0.00 139 140 Palm Grove Fund Port & Airport Fund 1,317.26 5,991.60 140001 145813 Port Fund IRL SWIM Impound Rest IX 59.50 49.90 0.00 0.00 145814 2000-2001 Lagoon License Plate gran RAD Fund 3,977.38 5,068.40 0.00 21605.05 160 183 Plan Maintenance Ct Administrator-19th Judicial Cir 400.65 31405.03 ) 001 Ct Administrator-Arbitration/Mediat 261.62 1,850.58 )04 1a3106 Ct Admin.- Teen Court Domestic Relatptions Hearin FY00-03 199.32 6,158.52 2,673.73 0.00 0.00 FY 00/01 4 15,184.39 4,470.58 185001 SHIP HousingReAssistanceortinant 3.94- 53.72 185204 186 FHFA SHIP 99/00 Recycling Operating Fund 130.98 1,789.01 596.35 186204 Recycling & Education Grant FY00/01 5,830.67 21717.01 0.00 304 316 Communication System Fund County Capital 116,475.88 0.00 337 362 Lost Tree Estates Capital Fund Sports Comple Improv Fund 85.55- 274.55 0.00 0.00 390 Treasure Cove Ocean Harbor S Cap AlA MSB Capital 3,573.99 398.30- 0.00 0.00 391 392 North Ideal Holding Road MSBU Capital 62.52- 0.00 393 394 Westglen MSBU Forest Raintree Forestt N]SBUlCapital 1,3012.27- 0.00 - *4w ..,i 03/02/01 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #22- 24-FEB-2001 TO 02-MAR-2001 FUND SUMMARY I TITLE EXPENSES PAYROLL 395 396 River Branch MSBU Capital Lennard Road 1 - Roaaway Ca ital 497.93 5,102.20 0.00 0.00 397 398 Lennard Road 2 - Water Capi al Lennard Road 3 - Sewer Capital 956.66 446.47 0.00 0.00 401 Sanitary Landfill Fuild 41,582.54 28,781.07 0.00 401221 418 Wast Tire Grant FY00/01 Golf Course Fund 1,249.50 13,497.33 18,600.42 421 441 H.E.W. Utilities Fund North Hutchinson Island Utilities 2,179.33 60,450.34 195.17 3,532.77 451 461 S. Hutchinson Utilities Fund Sports Complex Fund 33,290.22 5,563.91 2,142.60 10,565.74 471 Holiday Pines Utilities Fund Buildin Code Fund 26,114.90 2,094.91 1,711.75 19,059.28 491 501 Information Technology Fund 82,177.19 237,089.09 66,823.11 3,034.75 505 505001 Health Insurance Fund Property/Casualty Insurance Fund 118.30 1626.22 510 611 Service Garage Fund Tourist Development Trust-Adv Fund 5,617.88 15,910.97 9:209.79 2,228.96 615 Impact Fees Fund 10,055.04 157.50 0.00 0.00 625 Law Library GRAND TOTAL: 1,068,543.18 704,920.24 03/02/01 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR VOID LIST# 22- 24-FEB-2001 TO 02-MAR-2001 F'""U: 001 - General Fund C._-CK INVOICE VENDOR TOTAL 00268764 I2111000 Fla Association of Counties 20.00 I2111081 60.00 I2111474 225.00 I2111559 85.00 I2111570 225.00 CHECK TOTAL: 615.00 FUND TOTAL: 615.00 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Leisure Services ITEM NO. C-2a DATE: March 6, 2001 REGULAR[] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: S. Ann Smith SUBJECT: Blind Creek Park: Application for Grant Funds from the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program. BACKGROUND: The U.S. Fish and Wildlife Service has issued a "call for proposals" for the South Florida Coastal Ecosystem Program (deadline March 23, 2001). Individual grants, ranging from $1,000 to $50,000, may be awarded by this program for projects seeking to; restore and enhance degraded coastal uplands and estuarine wetlands, remove exotic vegetation from infested coastal areas, and promote public awareness of South Florida's ecological problems. Staff is seeking permission to apply for grant funds from the Coastal Ecosystem program for the continued removal of exotic plant species at Blind Creek Park for re -stabilization of the dune system and restoration of sea turtle habitat. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to apply to the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program for grant funds. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: County Attorney: ✓ P Originating D ep t SAS Finance: (Check for Copy only, if applicable) ✓ Review and Approvals i Management & Budget Other: s Anderson Administrator Purchasing :, Eff. 5196 %W *40 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Anna Smith, Ecosystems Manager, Leisure Services Department DATE: February 23, 2001 SUBJECT: Blind Creek Park: Application for Grant Funds from the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program. BACKGROUND The U.S. Fish and Wildlife Service has issued a "call for proposals" for the South Florida Coastal Ecosystem Program (deadline March 23, 2001). Individual grants, ranging from $1,000 to $50,000, may be awarded by this program for projects seeking to; restore and enhance degraded coastal uplands and estuarine wetlands, remove exotic vegetation from infested coastal areas, and promote public awareness of South Florida's ecological problems. Staff is seeking permission to apply for grant funds from the Coastal Ecosystem program for the continued removal of exotic plant species at Blind Creek Park for re - stabilization of the dune system and restoration of sea turtle habitat. RECOMMENDATION/CONCLUSION Staff recommends that the Board of County Commissioners authorize the application for grant funds from the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program. Respectfully submitted, Anna Smit Ecosystems Manager Attachment: Draft Grant Proposal v *M0 U.S. Fish and Wildlife Service South Florida Coastal Ecosystem Program 2001 Coastal Project Proposal Project Title: Blind Creek Park - Sea Turtle Habitat Restoration Contact Anna Smith Ecosystems Manager Information: 2300 Virginia Ave Ft Pierce FL 34982 (561) 462-1685 /fax (561) 462-16840 (sc) 259-1685 annas(a)-stlucieco gov Project Location The project is located on South Hutchinson Island in St. Lucie County approximately 6.5 miles south of the Fort Pierce Inlet and just north of the Florida Power and Light Nuclear Plant in Sections 4,5,8 &9, Township 36, Range 41. (Figure 1) Project Description The Blind Creek Park site was purchased through the State's Conservation and Recreation Lands (CARL), Save Our Rivers (SOR), U.S. Dept. of Interior, Fish and Wildlife Service National Coastal Wetlands Restoration Act (NCWRA), and St. Lucie County Environmentally Sensitive Lands programs. Use of the property is constrained under both federal and state directives that limit the objectives for the site to: conservation, preservation, restoration and management of the site's coastal communities for habitat enhancement, public recreation, and public health. On -site, the natural plant communities are: Beach Dune, Coastal Strand, Maritime Hammock, and Estuarine Tidal Swamp (Mosquito Impoundments No. 5 & 6). (Figure 2) Composed of species such as sea oats (Uniola paniculata), seagrape (Coccoloba uvifera), cabbage palm (Sabal palmetto), scaevola (Scaevola p/umen), saw palmetto (Serenoa repens), and coastal panicgrass (Panicum amarum), approximately 30 acres have been invaded by Australian pines (Casuarina spp.). The pines extend from the mean high water line, in most locations, back to the mangrove edge. As a result, nesting habitat for the Atlantic loggerhead turtle (Caretta caretta), Atlantic green turtle (Chelonia mydas), and Leatherback turtle (Dermochelys coriacea), as well as shorebirds, have been negatively impacted due to dune de -stabilization encouraged by the roots of these exotics. For the sea turtles, the roots are a physical obstruction during excavation of the nest cavity, leading to increased false crawls or nests laid at or below the high tide line. The native dune vegetation also, has been and is being, negatively impacted due to the constant shade generated by the pine stands, the thick mat of pine needles and the soil chemistry reactions which result. Habitat loss is the end result, which directly affects the long term survival of wildlife, including listed species. (Table 1) The Blind Creek Park dune restoration project is the mechanical removal of invasive exotics (Australian pines, Brazilian peppers, and Hawaiian scaevola) from the dunes, and `W any dead debris from the surf, along a 2-mile stretch of the Atlantic Ocean extending north from FPL's Turtle Beach to Blind Creek Park's northern property limits. All removed material will then be stock piled onsite and burned. Exotics not removed will be killed in place. Through the following partnership funds the County has completed four (4) zones of exotic removal: in 1999, the National Oceanic and Atmospheric Administration (NOAA) awarded the County $30,000, which was combined with awarded funds from USFWS South Florida Coastal Ecosystem Program ($43,891), and from FEMA ($52,888 - Hurricanes Floyd and Irene cleanup).; in 2000, the US Department of Agriculture Natural Resource Conservation Service donated 1,100 dune plants for two demonstration planting areas within the projects limits. Most recently, this year (2001), another phase of exotic removal have been completed with funds provided by the Florida Department of Environmental Protection Bureau of Upland Invasive Plant Management ($35,000). Also, $75,000 have been provided from the Florida Department of Community Affairs ($50,000) and the St. Lucie County Solid Waste "Waste Tire Grant" ($25,000) for the construction of two elevated dune crossovers in phases where exotic removal was completed. The National Association of Counties has also awarded the County $8,000 for the purchase of 6,100 dune plants and 2 education awareness signs to be installed in mid -late spring of this year. To date this project has received a total $244,779 of awarded funds, as well as, uncounted material and labor costs for the activities described above. Upon formal notification from USFWS to award funds to St. Lucie County, the County will commence exotic removal activities on the dunes prior to sea turtle season (March 1 - October 31.) The County's Leisure Services Department will be responsible for the overall management and completion of this restoration project, and all monitoring and reporting (semiannual and annual). Total Project Costs/Budget The total project cost for just the removal of the invasive exotic plant species in the Blind Creek Park dune restoration project is $ 272,888, based on the current 4-year contract the County has with Enviroglades, Inc.. To date, based on the above funds received, only $108,891 have been for the actual removal of the invasive plants. Therefore, this proposal requests that the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program contribute a total of $50,000 for the continued restoration and enhancement of degraded beach dune habitat within the project length. Contributing Partners As stated before, the following partners have either participated or are participating with the County on this dune habitat restoration project: 1999 - National Oceanic and Atmospheric Administration - $30,000 (exotic removal) 1999 - USFWS South Florida Coastal Ecosystem Program - $43,891 (exotic removal) 1999 - FEMA - $52,888 (hurricane cleanup/exotic removal) 2000- USDA Natural Resources Conservation Service - donation of 1,100 plants 2000 - Florida Department of Environmental Protection - $35,000 (exotic removal) 2000 - St. Lucie County Solid Waste - $25,000 (dune crossovers) 2000 - 2001 - Florida Department of Community Affairs - $50,000 (dune crossovers) 2000 - 2001 - National Association of Counties - $8,000 (6,100 dune plants & 2 signs) Objectives and Statements of Products The overall objective for this project is to restore and enhance degraded coastal uplands through the removal and control of invasive exotic plant species (Australian pines, Brazilian peppers and Hawaiian scaevola). Through which, the County intends to: Attain and maintain a functioning ecosystem which supports endangered and threatened species, Enhance dune stabilization/reduce beach erosion. Upon completion, demonstrate in the field: 1) the complete removal of Australian pines from the beach dune system; 2) the revegetation of native dune plant species; and 3) the enhancement of nesting habitat for sea turtles and shorebirds (increased species diversity). Project Time Frame November 1, 2001 - March 1, 2002. (No exotic species removal can occur on the beaches between March 1 and October 31.) Actions to Date As stated before, the County has completed, through partnerships, 4 sections/phases of exotic removal within the dune restoration project limits, the most recent completed in January 2001. Within these cleared phases, additional activities include: the installation of 1,100 donated dune plants by volunteers (April 2000), the construction of two (2) elevated dune crossovers (final inspection received January 31, 2001), and the purchase of 6,100 dune plants and 2 educational awareness signs to be installed in March or April 2001. n EWA Table 1 - Species List Blind Creek Park - Ocean to River NAME FWS FGFWFC Reptiles Atlantic loggerhead turtle Caretta caretta T T Atlantic green turtle Chelonia mydas E E Leatherback turtle Dermochelys coriacea E E Birds Roseate spoonbill Ajaia ajaia SSC Little blue heron Egretta caerulea SSC SSC Snowy egret Egretta thula SSC Tricolored heron Egretta tricolor SSC White ibis Eudocimus albus Pelecanus occidentalis SSC Brown pelican E E Wood stork Mycteria americana T Least tern Sterna antillarum Mammals West Indian manatee Trichechus manatus E E FDA Plants Leather fern Acrostichum aureum E Beach star Remirea maritima E E Bay cedar Suriana maritima E Sea lavender Argusia gnaphalodes KEY E -Endangered T - Threatened SSC - Species of Special Concern Nao, �ftw ^ . •!3 u }\o 0 » UEj .c m \ @ , \....\, 2 � �&» 0 ® �n 2 2 a j ee ƒ 64 & / )_ Cl) 0 co . co » FiHi k < c %\ a a G aa� q � : 0 1 3 3! _ % ) \( ) « % ƒ' ) \co ± $ _ \ f cm E ! � co LL ....................................... . Alu cow o a o AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): Leisure Services ITEM NO. C-2b DATE: March 6, 2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT[X] PRESENTED BY: S. Ann Smith SUBJECT: Queens Island Preserve: Application for Grant Funds from the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program. BACKGROUND: The U.S. Fish and Wildlife Service has issued a "call for proposals" for the South Florida Coastal Ecosystem Program (deadline March 23, 2001). Individual grants, ranging from $1,000 to $50,000, may be awarded by this program for projects seeking to; restore and enhance degraded coastal uplands and estuarine wetlands, remove exotic vegetation from infested coastal areas, and promote public awareness of South Florida's ecological problems. Staff is seeking permission to apply for grant funds from the Coastal Ecosystem program for the removal of exotic plant species on the dunes at Queens Island Preserve for habitat restoration. FUNDS AVAIL.: NIA PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to apply to the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program for grant funds. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept. Finance: (Check for Copy only, if applicable) Anderson Administrator Review and Approvals Management & Budge ! �I t Other: Purchasing : Eff. 5/96 hae .,NO INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Anna Smith, Ecosystems Manager, Leisure Services Department DATE: February 23, 2001 SUBJECT: Queens Island Preserve: Application for Grant Funds from the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program. BACKGROUND The U.S. Fish and Wildlife Service has issued a "call for proposals" for the South Florida Coastal Ecosystem Program (deadline March 23, 2001). Individual grants, ranging from $1,000 to $50,000, may be awarded by this program for projects seeking to; restore and enhance degraded coastal uplands and estuarine wetlands, remove exotic vegetation from infested coastal areas, and promote public awareness of South Florida's ecological problems. Staff is seeking permission to apply for grant funds from the Coastal Ecosystem program for the removal of exotic plant species on the dunes at Queens Island Preserve for habitat restoration. RECOMMENDATION/CONCLUSION Staff recommends that the Board of County Commissioners authorize the application for grant funds from the U.S. Fish and Wildlife Service's South Florida Coastal Ecosystem Program. Respecffully submitted, Anna Smith Ecosystems Manager Attachment: Draft Grant Proposal r.r U.S. Fish and Wildlife Service South Florida Coastal Ecosystem Program 2001 Coastal Project Proposal Project Title: Queens Island Preserve - Florida Beach Mouse Habitat Restoration Contact Anna Smith Ecosystems Manager Information: 2300 Virginia Ave Ft Pierce FL 34982 (561) 462-1685 /fax (561) 462-1684: (sc) 259-1685 annas(a)stlucieco aov Project Location The project is located on North Hutchinson Island WSt. Lucie County approximately 4.5 miles north of the Fort Pierce Inlet in Sections 14 & 15, Township 34, Range 40. (Figure 1) Project Description The Queens Island Preserve site was recently purchased (2000-2001) through the State's Conservation and Recreation Lands (CARL), Save Our Rivers (SOR), U.S. Dept. of Interior, Fish and Wildlife Service National Coastal Wetlands Restoration Act (NCWRA), and St. Lucie County Environmentally Sensitive Lands programs. Use of the property is constrained under both federal and state directives that limit the objectives for the site to: conservation, preservation, restoration and management of the site's coastal communities for habitat enhancement, public recreation, and public health. The Queens Island Preserve site, approximately 288 acres of coastal barrier island natural communities, is bordered on the east by the Atlantic Ocean and on the west by the Indian River Lagoon, divided by A1A. On -site, the natural plant communities are: Beach Dune, Coastal Strand, Maritime Hammock, and Estuarine Tidal Swamp (Mosquito Impoundment No. 19 B). (Figure 2) On the eastern side of the project site, approximately 8 acres east of A1A, the coastal strand and dune habitats are composed of species such as sea oats (Uniola paniculata), seagrape (Coccoloba uvifera), cabbage palm (Sabal palmetto), scaevola (Scaevola plumen), and scattered saw palmetto (Serenoa repens). Within this 8-acre area, portions of the habitats have been invaded with Brazilian peppers (Schinus terebinthifolius) and Australian pines (Casuarina spp.). The peppers and pines, if not removed, will negatively impact the nesting habitat of the Atlantic loggerhead turtle (Caretta caretta), Atlantic green turtle (Chelonia mydas), and Leatherback turtle (Dermochelys coriacea), asyrell as -shorebirds. Also, the native dune vegetation has been and is being negatively impacted due to the aggressive growing characteristics of these species, which will result in habitat loss. This then affects the long term survival of wildlife, including listed species. (Table 1) An example is the Florida Beach Mouse, extirpated from this area primarily due to loss of habitat. Based on existing native plant species composition, minimal restoration efforts would be needed to establish this site as a Florida Beach Mouse re -introduction site. Once the exotic plant species have been removed from this area, County staff will coordinate with the USFWS Threatened and Endangered Species Recovery Program for the potential re -introduction of the Beach Mouse. The Queens Island Preserve beach mouse habitat restoration project is either the manual removal of exotic plants with removed material chipped onsite and stumps treated with Garlon 4 or exotics killed in place. Through the Florida Department of Environmental Protection Bureau of Upland Invasive Plant Management Program, the County has recently applied (February 16, 2001) for $18,000 matching funds for this project. Upon formal notification from USFWS to award funds to St. Lucie County, the County will commence exotic removal activities on the dunes prior to sea turtle season (March 1 - October 31.) The County's Leisure Services Department will be responsible for the overall management and completion of this restoration project, as well as, all monitoring and reporting (semiannual and annual). Total Project Costs/Budget The estimated total project cost for the removal and control of exotic plant species within this 8-acre area is $38,000. This proposal requests that the U.S. Fish and Wildlife Service South Florida Coastal Ecosystem Program contribute a total of $20,000 towards the restoration of Florida beach mouse habitat on the Queens Island Preserve site. Any FWS funds remaining after removal is completed will be utilized to purchase educational public awareness signs pertaining to the ecosystem and its listed species. Contributing Partners As stated before, St. Lucie County has recently applied (February 16, 2001) for $18,000 matching funds from the Florida Departmentof Environmental Protection Bureau of Upland Invasive Plant Management Program for this habitat restoration project. Objectives and Statements of Products The overall objective for this project is to restore and enhance degraded coastal uplands through the removal and control of invasive exotic plant species. Through which, the County intends to: Attain and maintain a functioning ecosystem which supports endangered and threatened species. Enhance dune stabilization/reduce beach erosion. Upon completion, demonstrate in the fiield:1) the complete removal of invasive exotic plant species from the coastal strand and dune system; 2) the revegetation of native dune plant species; and 3) the enhancement of Florida beach mouse habitat, as well as, nesting habitat for sea turtles and shorebirds (increased species diversity). 'W.r '"d Project Time Frame November 1, 2001 - June 1, 2002. (No exotic species removal can occur on the beaches between March 1 and October 31.) Actions to Date Applied to the Florida Department of Environmental Protection Bureau of Upland Invasive Plant Management for $18,000 matching funds. 'err %NO, Table 1 - Species List Queens Island Preserve NAME FWS FGFWFC Reptiles Atlantic loggerhead turtle Caretta caretta T T Atlantic green turtle Chelonia mydas E E Leatherback turtle Dermochelys coriacea E E Birds Roseate spoonbill Ajaia ajaia SSC Little blue heron Egretta caerulea SSC Snowy egret Egretta thula SSC Tricolored heron Egretta tricolor SSC White ibis Eudocimus albus SSC Brown pelican Pelecanus occidentalis SSC Wood stork Mycteria americana E E Least tern Sterna antillarum T Mammals West Indian manatee Trichechus manatus E E Plants Beach star Remirea maritima Sea lavender Argusia gnaphalodes KEY E - Endangered T - Threatened SSC - Species of Special Concern FDA E E r .✓ to C 7 0 U L r.. c ro _0 c �zt r C 0 O U /4unoo aagoyoaqo *%. AGENDA REQUEST TO: Board of County Commissioners SUBMITTED BY(DEPT): County Attorney ITEM NO. cli� f 1 DATE: March 6, 2001 REGULAR[] PUBLIC HEARING [] CONSENT[XI PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Interlocal Agreement between St. Lucie County and St. Lucie West Services District Providing for the Use of the County's Landfill BACKGROUND: FUNDS AVAILABLE: N/A PREVIOUS BOARD ACTION: RECOMMENDATION: Staffrecommends that the Board approve the Interlocal and authorize the Chairman to sip the Agreement. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Finance: Review and Approvals Management& Budget: Other: Anderson Administrator Leisure services: Other: `.r r0 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 01-278 DATE: February 23, 2001 SUBJECT: Interloca► Agreement Between St. Lucie County and St. Lucie West Services District Providing for the Use of the County's Landfill BACKGROUND Attached is a proposed Interlocal Agreement between the County and St. West Services District providing for the nonexclusive right to use the St. Lucie County Landfill for the disposal of garbage and trash. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Daniel S. McInty County Attorney DSM/mt Attachment i i �ftw INTERLOCAL AGREEMENT THIS AGREEMENT entered into this day of 2001, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY," and the ST LUCIE WEST SERVICES DISTRICT a Community Development District created pursuant to Chapter 190, Florida Statutes, hereinafter referred to as SLWSD, providing for the SLWSD's use of the County's Landfill. NOW, THEREFORE, IT IS AGREED as follows: 1. This Agreement is entered pursuant to Section 163.01, F1. Stat., Florida Interlocal Cooperation Act. 2. In consideration of the payments provided in Paragraph 3 of this Agreement, the County hereby grants to SLWSD the nonexclusive right to use the St. Lucie County Landfill (Landfill) for the disposal of garbage and trash during the period beginning on the date of this Interlocal Agreement and continuing until terminated pursuant to Paragraph 4. 3. In consideration of the formation of this Agreement SLWSD agrees to the following: a. SLWSD shall pay to the County on or before the tenth day of each month the amount due to the County based upon the records of the St. Lucie County Landfills Scales which indicates the total weight of garbage and trash deposited at the Landfill during the previous month by SLWSD's vehicles. Such charges shall be assessed in accordance with the schedule of fees approved by the Board of County Commissioners and as may from time to time be amended. Failure to timely remit the monthly charge as determined by the County shall be grounds for cancellation of this Agreement without further notice and for revocation of SLWSD's right to use the Landfill. b. SLWSD shall only use the Landfill for the disposal of garbage and trash generated within the geographic boundaries of St. Lucie County, Florida. c. SLWSD agrees that it will not knowingly dispose of or place at the landfill any hazardous or poisonous waste of other material; or of any septage or sledge; or any other material the disposal or placement of which would violate applicable local, state, or federal permits, regulations, or laws. d. SLWSD shall comply with the provisions of all permits, rules, regulations, laws, and ordinances adopted or issued by the County, State of Florida, or the United States and applicable tot he Landfill. The violation of any applicable permit, rule, regulation, law, or ordinance shall be grounds upon five (5) days written notice to SLWSD, for cancellation of this Agreement and revocation of SLWSD's right to sue the Landfill and maintain a Landfill account. 4. The County shall have the right to terminate this Agreement for any reason upon sixty (60) days prior written notice to SLWSD. 5. This Agreement sets forth the full relationship between the parties. Collection or other services performed by SLWSD are not %age ..i subject to County supervision. 6. SLWSD hereby releases the County from all liability and shall indemnify and hold the County, its agents, and employees harmless from any and all claims and causes of action for loss of property, accident, personal injury or death by reason of any act or omission of SLWSD, its agents, or employees in the use of the Landfill and for all claims and causes of action for violation of any local, state, or federal permits, regulations of laws due to the placement or disposal of hazardous or poisonous waste or other material at the County Landfill by reason of any act or omission of SLWSD, its agent, or employees in the use of the Landfill. 7. The indemnification set forth in this paragraph is subject to the limitations contained in Section 768.28, Florida Statutes. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representatives, or agreements, either verbal or written, between the parties hereto. 8. This Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 9. This Agreement shall be filed with the clerk of Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF the parties hereto have caused the execution hereof by duly authorized officials on the dates stated below. ATTEST: BOARD OF C Y COMMISSIONERS ST. LUrI LINTY, FLORIDA BY: CHAIRMAN DATE: AT EST: BY: TITLE: (if dZ6 e� DATE: A / A - CV '/ %W AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS •WO ITEM NO. L - n DATE: March 6, 2001 REGULAR[] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: Emergency Debris Removal Contract - Phillips & Jordan, Inc. L BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the contract with Phillips & Jordan, Inc. and authorize the Chairman to sign the contract. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ]OTHER: 4 uglas Anderson /County Administrator Review and Approvals County Attorney: Management & Budget Public Safety Dir: Originating Dept. Public works Dir: Road & Bridge Finance: (Check for Copy only, if applicable) Eff. S/96 1%W .✓ INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-296 DATE: February 27, 2001 SUBJECT: Emergency Debris Removal Contracts - Phillips & Jordan, Inc. BACKGROUND: On June 13, 2000, the Board authorized staff to advertise a Request for Proposals (RFP) to firms interested in providing the County emergency debris removal services. Eight firms responded to the RFP and all S firms were included on the short list which was approved by the Board on October 24, 2000. Attached to this memorandum is a contract with Phillips & Jordan, Inc. The Board has already approved contracts with five (5) of the other firms. Contracts with the remaining firms will be agendaed when received. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the contract with Phillips & Jordan, Inc. and authorize the Chairman to sign the contract. Daniel 5. Mc County Atto DSM/caf Attachments submitted, 144r ..+ XPHILLIPS & JORDAN, INC. February 22, 2001 Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue 3rd Floor Admin Annex Ft. Pierce, Florida 34982-5652 Re: Disaster Recovery Contract Dear Mr. McIntyre: _3 23 Enclosed you will find four executed originals of the contract as referenced. Please return one fully executed original for our file. Should you require anything additional, please contact our office Sincerely, Phillips & Jordan, Inc.. '& /" „" Dorinda Futch Sr. Contract Administrator cc: Tim Berkhimer enclosures(4) P.O. Box 2295 • Zephyrhills, Florida 33539-2295 • (813) 783-1132 • Fax: (813) 783-3140 C�� CONTRACT Aiz r THIS CONTRACT, made this day of Jemueay. 001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY", and PHILLIPS & JORDAN, INC., or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR": WITNESSETH: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the proposal and the accompanying plans, specifications, addenda if any, and drawings, and they are as fully a part of the Contract as if hereto attached or herein repeated, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the work to be done under this Contract. 2. DESCRIPTION OF WORK It is agreed that the scope of work to be done under this Contract is as follows: Contractor shall, upon request, provide the County with the following services: * Emergency Road Clearance - Removal of debris from the primary transportation routes as directed by the County. �k Debris Removal from Public Property -Removal of debris from public rights -of - way. Removal of debris beyond public rights -of -way as necessary to abate imminent and/or significant threats to the public health and safety of the community. g:\atty\agreemnt\PHILLIPS — 1 * Debris Removal from Private Property - Should an imminent threat to life, safety, and health to the general public be present on private property, the Contractor, as directed by the government officials, will accomplish the removal of debris from private property. * Temporary Debris Staging and Reduction (TD5RS) The Contractor will prepare and maintain a sufficient number of TD5R5 facilities to accept and process all eligible storm debris. Preparation and maintenance of facilities shall include maintenance of the TDSR5 approach and interior road(s) for the entire period of debris hauling, including provision of stone for any roads that require stabilization for ingress and egress. Each facility shall include a roofed inspection tower sufficient for a minimum of three (3) inspectors for the inspection of all incoming and exiting loads. All debris shall be processed in accordance with local, state, and federal law, standards and regulations. Processing shall include, but is not limited to, reduction by tub grinding and/or incineration when approved by the County. Prior to reduction, all debris shall be segregated between vegetative debris, construction and demolition debris, recyclable debris, white goods and hazardous waste. ,t Generated Hazardous Waste Abatement - Abatement of hazardous waste identified by County officials in accordance with all applicable Federal, State and local laws, standards and regulations. �t Debris Disposal - Disposal of all eligibledebris, reduced debris, ash residue and other products of the debris management process in accordance with all applicable Federal, State and local laws, standards and regulations. * Documentation and Inspections - Storm debris shall be subject to inspection by County officials. Inspections will be to insure compliance with the contract, and applicable local, state and federal laws. The Contractor will, at all times, provide County officials access to all work sites and disposal areas. The Contractor and the County will have in place at the Temporary Debris Staging and Reduction (TD5R5) personnel to verify and maintain records regarding the contents and cubic yards of the vehicles entering and leaving the TDSR5 sites. The Contractor will assist County officials in preparation of Federal (FEMA) and State reports for any potential reimbursement through the training of County employees and the review of documentation prior to submittal. The Contractor will work closely with the Florida Division of Emergency Management, FEMA, and other applicable State and Federal agencies to ensure that eligible debris collection and data documenting appropriately address concerns of the likely reimbursement agencies. g: \atty\agreemnt\PHILLIP5 — Z v * Work Areas - The County will establish and approve all areas that the Contractor will be allowed to work. The Contractor will remove all eligible debris and leave the site from which the debris was removed in a clean and neat condition. * White Goods - The Contractor may expect to encounter white goads available for disposal. Whitegoods will constitute household appliances as defined in the Florida Administrative Code. The Contractor will dispose of all white goods encountered in accordance with applicable Federal, State and local laws. * Hazardous Stumps -The Contractor will remove al I stumps that are determined to be hazardous to public access and as directed by County officials. Stumps shall be hauled to TDSR5 sites where they shall be inspected and categorized by size. * Fill Dirt - The Contractor shall place compacted fill dirt in ruts created by equipment, holes created by removal of hazardous stumps and other areas that pose a hazard to public access upon direction of County officials. * Documentation and Recovery Process - The Contractor will provide the following assistance in addition to debris removal: ♦ Recovery process documentation - create recovery process documentation plan. ♦ Maintain documentation of recovery process. ♦ Provide written and oral status reports as requested by County officials. ♦ Review documentation for accuracy and quantity. ♦ Assist in preparation of claim documentation. Upon request, the Contractor shall provide the County with pre -event training and assistance. The parties acknowledge that this is a "pre -event" contract. In the event the County desires to utilize the services of the Contractor, the parties agree to negotiate and enter into separate "Work Authorizations for each project/site. The Work Authorization shall be on a form prepared by the County and shall include the specific scope of work, cost and time of performance for each project. 3. PROJECT MANA6ER The Project Manager for the County is Raymond Wazny at (561) 462-1485. The Project Manager for the Contractor is Timothy R. Berkhimer (813) 783-1132. Each party will notify the other, in writing, of any changes or substitutions of the Project Manager herein named. 9: \atty\agreemnt\PHILLIP5 - 3 r%w ..+ The parties shall direct all matters arising in connection with the performance of this Contract, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. 4. TERM The initial term of this Contract shall be one (1) year beginning on January 1, 2001. The Contract shall renew automatically on January 1 of each subsequent year unless terminated. 5. TIME OF PERFORMANCE/DELAYS AND EXTENSIONS OF TIME The Contractor shall begin work immediately upon request by the County and delivery of a written notice to proceed and shall complete work in accordance with the agreed Work Authorization. Commencement of the Work by the Contractor shall be deemed a waiver of this notice. The Work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the Work within the time limit set forth in the Work Authorization. In the event the schedule as set forth in the Contract documents is changed, the Contractor shall notify the County, in writing, of the change in schedule. Such schedule change shall not, however, extend the time for completion unless approved by the County in writing. In the sole opinion of the County, should the organization of the Contractor, or its management, or the manner of carrying on the Work be manifestly incompetent, or inadequate to do the Work specified within the stated time, then the County shall have the right to take charge of the Work and finish it and provide the labor, materials and equipment necessary to complete the Work as planned within the required time and to charge the cost of all such Work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation incurred or expenditure made by the Contractor prior to the effective date of the notice to proceed described above, unless the County authorizes such payment in writing. As the Contractor's only remedy for delay, the County may grant an extension of the contract time, when a controlling item of Work is delayed by any factors contemplated or not contemplated at the time of the bid. Such extension of time may be allowed for delays occurring during the contract time period or authorized extension of the contract time. All claims for extension of time shall be made in writing to the County. Claims for delay due to inclement weather shall be made by the 10th day of the month following the month of the 9:Natty\a9reemnt\PHILLIP5 — 4 delay. All other claims shall be made no more than twenty (20) days after the commencement of the delay. Claims made beyond these time limits shall be null and void. Requests for extension of time shall be fully documented and shall include copies of daily logs, letters, shipping orders, delivery tickets, and other supporting information. In case of a continuing cause of delay only one (1) claim is necessary. Normal working weeks are based on a five (5) day week. All authorized extensions of time shall be done by Change Order. 6. DELAY DAMAGES It is mutually agreed between the parties hereto that time shall be of the essence in the performance of all Work Authorizations performed pursuant to this Contract, and in the event the work is not completed within the time specified, it is agreed that from the compensation otherwise to be paid to the Contractor, the County may retain the sum of $300.00 per calendar day for each day thereafter, Sundays and holidays included, that the work remains uncompleted, which sum shall represent the actual damages which the County will have sustained per calendar day by failure of the Contractor to complete the work within the time stipulated, and this sum is not a penalty, being the liquidated damages the County will have sustained in event of such default by the Contractor. 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of the written Work Authorization. The parties agree to use either (1) the unit price method (where the scope of work is large and exact measurements of work are difficult to define); or, (2) the lump sum price (where the scope of work can be clearly defined) in establishing payment terms in the Work Authorization. All prices must comply with Federal and State reimbursement guidelines. Prior to January 1 of each year that this Contract remains in force, the Contractor shall provide the County with its labor and equipment rates for the subsequent calendar year. The rates for calendar year 2001 shall be those presented in the Contractor's Response to the County's Request for Proposals which is incorporated by reference herein. 8. PAYMENT SCHEDULE The County shall make monthly project payments on account of the Contract. Unless a different schedule is established in the Work Authorization, upon the satisfactory completion of the Work Authorization and the delivery by the Contractor to County of satisfactory releases of liens and claims if applicable, the County shall pay the remaining g: \atty\a9reemnt\PHILLIP5 - S ,%W *✓ amount found to be due to the Contractor, not later than thirty (30) days after completion of the Work Authorization and the delivery of releases of liens and claims. 9. AUDIT The Contractor agrees that the County or any of its duly authorized representatives Shell, until the expiration of threeyears after expenditure of funds underthis Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising theref rom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. i0. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Contract. 11. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall takethe whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its subcontractors, on account of the amount or character of the Work, or because of the nature of the ground in or on which the Work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has visited the site, become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. g: \atty\agreemnt \PHILLIPS - 6 ♦W .✓ The Contractor shall protect the entire Work, all materials under the Contract and the County's property (including machinery and equipment) in, on, or adjacent to the site of the Work until final completion and Work, from the action of the elements, acts of Phillips & Jordan, Inc., subcontractors, or except as otherwise provided in the Contract Documents, and from any other causes whatsoever; should any damage occur by reason of any of the foregoing, the Contractor shall repair at his, or its, own expenses to the satisfaction of the County or its Project Manager. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the Contractor. At his, or its expense, the Contractor shall take all necessary precautions (including without limitation) the furnishing of guards, fences, warnings signs, walks, flags, cables and lights for the safety of and the prevention of injury, loss and damage to persons and property (including without limitation) in the term persons, members of the public, the County and its employees and agents, the Project Manager and his employees, Contractor's employees, his or its subcontractors and their respective: employees, other contractors, their subcontractors and respective employees, on, about or adjacent to the premises where said Work is being performed, and shall comply with all applicable provisions of safety laws, rules, ordinances, regulations and orders of duly constituted public authorities and building codes. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 12. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractor's performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations g:\atty\agreemnt\PHILLIPS —� 'k.. %00 hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other Iiabi Iity resulting from its activities on the project, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Said indemnification by Contractor shall be extended to include all deliverers, suppliers, furnishers of material or anyone acting for, on behalf of, or at the request of Contractor. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. In conformance with Section 725.06 Florida Statutes, the specific consideration given for the promises of the Contractor set forth with regard to this indemnification and hold harmless clause is $10.00 in hand paid by the County to the Contractor as a portion of the contract price, receipt thereof is hereby acknowledged and the adequacy of which the Contractor accepts as completely fulfilling the obligations of the County under the requirement of Section 725.06 Florida 5tatutes. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Agreement for a period of one (1) year after the date of the acceptance of the Work by the County. 13. INSPECTION The project will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 14. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) 9: \atty\agreemnt\PHILLIPS - 8 - 44. ..i premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as on additional insured. Business Automobile Liability_ The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury d property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal and include County as an additional insured. Workers' Compensation and Employers Liability The Contractor shall maintain and, prior to commencing any work pursuant to this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover nil employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non - renewal. 15. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Contract in a timely and proper manner, the other party shall have the right to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, this Contract shall terminate at the expiration of the seven (7) calendar day time period. With regard to the Contractor, the following items shall be considered a default under this Contract: g:\atty\agreemnt\PHILLIP5 - 9- (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail, except in cases for which an extension of time is provided, to supply enough properly skilled workmen or proper material or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the work. (3) If the Contractor disregards laws,ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. In the event of termination, the County may take possession of the premises and all materials, tools, and appliances, thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date. If such expense off inishing the work shall exceed such unpaid balance the Contractor shall pay the difference to the County. The expense incurred by the County as herein provided, and the damage incurred through the Contractor's default, shall be certified by the Project Manager. a. WITHOUT CAUSE Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 16. NON DISCRIMINATION Contractor covenants and agrees that Contractor 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 handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 9: Natty \agrmrnnt\PHILLIP5 —10 — 17. VERIFICATION OF EMPLOYMENT STATUS Contractor agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of the contract. 18. FLORIDA PRODUCED LUMBER Contractor agrees to comply with the provisions of Section 255.20, Florida Statutes, (1999) where pertinent. 19. ASBESTOS -FREE MATERIALS Contractor shall not use any asbestos or asbestos -based fiber materials in the work performed under this Contract. _ 20. ASSIGNMENT The County reserves the right to freely assign this Contract. The Contractor, however, shall not assign this Contract to any other persons or firm without first obtaining County's written approval. 21. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subject to 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 Contractor and its surety or sureties, if any, for such fees and costs is joint and several. 22. NOTICES g:\atty\agreemnt\PHILLIPS -11- All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to County: 5t. Lucie County Administrator 2300 Virginia Ave. Administration Annex Fort Pierce, FL 34982 If to Contractor: Phillips & Jordan, Inc. Post Office Box 2295 Zephyrhills, FL 33539-2295 23. NON -WAIVER With copies to: 5t. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, FL 34982 The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 24. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Contractor's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Contractor may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of 9: \atty\agreemnt\PHILLIP5 —12 — ` W vWo notification by the Contractor.. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Contractor under the terms of this Contract. 25. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of factor arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 26. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 27. INTERPRETATION: VENUE This Contract 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 Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract 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 Contract, venue shall be in the Nineteenth Judicial 9: \atty\agreemnt \PHILLIP5 -13 - circuit for St. Lucie County, Florida, for claims understate law and the Southern District of Florida for any claims which are justiciable in federal court. 28. PUBLIC CONSTRUCTION BONG The Contractor shall, upon execution and return of any Work Authorization to the County, furnish to the County a public construction bond using the form identified in Section 255.05, Florida Statutes or incorporating all of the terms and conditions set forth therein and covering the faithful performance of this Work Authorization and the payment of all obligations arising hereunder in the amount of one hundred percent (100%) of the Contract amount. The liability of the Contractor and its surety or sureties for the faithful performance of this Contract and the payment of all obligations arising hereunder is joint and several. The Contractor shall record the public construction bond in the Official Records for St. Lucie County and provide the County with a copy of the recorded bond. The public construction bond required hereunder shall meet the following minimum standards: A. The surety issuing the bond must be licensed to do business in the State of Florida, hold a certificate of authorization to write surety bonds in the State, hold a currently valid certificate of authority issued by the United States Department of the Treasury, and otherwise be in compliance with the provisions of the Florida Insurance Code. B. The attorney -in -fact must provide a certified copy of his or her power of attorney to sign the bond. C. The name, address and telephone number of the surety and its agent must be listed on the bond. D. The surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Work Authorization is issued. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: CLERK g:\atty\agreemnt\PHILLIPS -14 - BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLOMA BY: CHAIRMAN `. WITNESSES: 9: \atty\agreemnt\PHILLIP5 —15 — APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY PHILLIPS $ �D IN . BY. Print Name: !GC Title: \.r ti/ AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C-3C DATE: March 6, 2001 REGULAR[] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Donald G. Cole Property Acquisition Manager SUBJECT: Right-of-way Abandonment South 251" Street - Phase IUSt. James Drive Florida Power and Light Crossing Request Permission to Advertise Notice of Intent BACKGROUND: An Agreement of Purchase and ale bed states upeen St. on completion and of South Power and Light Company (copy ) P 25" Street - Phase I[/St. James Drive, St. Lucie County agrees to abandon the existing right-of-way of South 251" Street - St. James Drive crossing the Florida Power and Light parcel (paragraph 26, page 11). FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to Advertise the Notice of Intent to Abandon, authorize the Chairman to execute the Abandonment Petition and proceed with the abandonment petition. COMMISSION ACTION: [g] APPROVED [ ] DENIED [ ] OTHER: Administrator Review and Approvals ��- [xx] Public Works: [xx] County Engineer: [xx] County Attorney: � lxx] Originating Dept.:OCe_ [ ]Comm. Dev.: [ ] Road & Bridge: EH. 5196 Finance: (Check for Copy only, if applicable) G:\ACO\WP\JoAnn\Abandonments\FPL Crossing\NoticeoflntentAgenda.wpd SEE SHEET 34/08S (A3OOOKW1I) I GIY OF PoRT ST.:LLff 1106�[OIAO/61 9.30 M I �x.n wi f ---------- MIN •_ �\ I fl�Op10/91 1,T2-0CWL'Cd/l1 I 22.03 A< � to 5a u I I _,_ m3gp1oma7er' I Subfe� l +I �-- `� 7E.70 M I !Oct a� TRACT W -a 3.57 M __— I f m FU TOW m d`A la m w m l n_ .m . x j ' •n a E+ TRACT 3 pHl 14) f392}71S E 4.21 E �lal. Gn 's S �1t ss'• _ a� l34267,5• '��f s. «e n I,Y� . m�nE mI _.S a •s ° E � W,)030/5! n � a u 'z� �E n � m O�'F �•"' sa AC TR:,cF , 47794 V S a Y y In g m I•e.w +.�Ow'a.u.� y a � / m nl. TRacT '!' ._ _ 'd PAC7.9 T . FOX -NORTH ------------- w w O ---------------------------I------------------------------------------------ --r I SEE SHEET 34/17S PRiIP SO FOR ST. LUCIE COUNTY, Fd{ t ASSESSMENT MAP SEGTIC WON is i cI 11�rz I T "T�r�x`�R TONNSi Dona s rx aexFanlenli'r m4"w.ws ml mzn'�°a n' u Im O1Y1'PQOUT 1 I= scat= ".E " RANGE 1-8W-345-7334 II <' i < s ... 6..- um[r 140 OF AN IN" L ^ p 19'4S 14 WEST RIGHT—OF—WAY UNE 0 �s 950 �0 PROPOSED _ ABANDONMENT �opi S 7. JAME S DR I VE 3 tiS1 DAA 150G T F, o,\ o S 00'19'28' E 219.90' µ ,55055 p a no l s 320 5 p - 2211,50 EAST RIGHT-OF-WAY UNE c r N f 550 \ POB ,APj 4 i J�00 � \ p �0 LJ J Z F O O mo /C-�� / e z O, p4� / QQ / / tre P GO v / N J a m / POC NORTHEAST COR. /, SECTION 17 SECTION 77-36 40 5 OOlO'24' /t 1324.86' A 1 — SECTION 16-36-40 L IVY —EAST UNE SECTION 17 LEGEND: 16 9 POC - POINT OF COMMENCEMENT POB - POINT OF BEGINNING a - DELTA R - RADIUS L - LENGTH OF ARC 9027FPL 7RrE�SERVATIORS.AGREEmENM OW! HEREON WERE NOT ABSTRACTED FOR RIGHT OF WAY, AND/OR EASEMENTS lK RECORD. SUCHKk1, IF DESIRED, AIOUID BE OBTAINED AND CONRRUED BY SKETCH OF DESCRIPTION HROUGH APPROPRIATE TITLE VERIFICATION. ;NO. ORIDA POWER do LIGHT COMPANY CLPSouth 25th Street CT77EURPENI INC. ABANDONMENT PARCEL CONSULTING ENGINEERS k LAND SURVEYORS REF. JOB DRAWN BY DATE SURVEY N0. 2980 SOUTH 25th STREET FORT PIERCE, FLORIDA 34981 9027.3 MTO 9/16/97 9027.3 567-464-3537 F,B.,PG. ALCULATED B SCALE SHEET NO, CERTIFICATION NO. L.B. 4286 N/A N/A t- _ 100 2 OF 2 �, J act -7-1a-a33 AGREEMENT OF PURCHASE AND SALE THIS AGREEMENT made and entered into by and between FLORIDA POWER AND LIGHT COMPANY, a Florida Corporation, whose mailing address is P. 0. Box 14000, Juno Beach, Florida, 33408-0420, ("Seller"), and ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Ft. Pierce, Florida, ("Buyer"). NOW, THEREFORE, in consideration of the foregoing, the mutual covenants, representations, warranties and agreements contained herein, and for other good and valuable consideration, the adequacy and receipt of which are hereby acknowledged by the parties, it is agreed that Seller shall sell and Buyer shall buy the following real property upon the terms and conditions as follows: 1. DESCRIPTION Seller agrees to sell all of Seller's right, title and interest to that certain real property, together with any improvements located thereon, located in St. Lucie County, Florida, which is identified and further described as: See Exhibit "A" attached hereto (the "Property") 2. PURCHASE PRICE 2.1 The total purchase price for the Property (the "Purchase Price" is hereby agreed to be Four thousand eight hundred Dollars and no Cents ($4,800.00). ...s_5rh.2\fp1\contcacr 1 3. TIME OF ACCEPTANCE If this Agreement is not executed by the Buyer and Seller i �y 23 one or more counterparts on or before December fY, 1997, a the option of the Buver or Seller this Agreement s�a11 not take effect and shall be null and void. 4. EFFECTIVE DATE / The Effective Date of this Agreement shall be the date when the last one of the Seller and Buyer has signed this Agreement, which date shall be indicated in the signature page hereof (the "Effective Date"). 5. APPROVALS The Buyer understands and agrees that, while this Agreement bears the execution of Seiler, final approval of the transaction contemplated herein rests with Seller's Executive Management and/or Board of Directors, and such final approval cannot be obtained until, on/or about 45 days of the effective date of this Agreement, Buyer further understands and agrees that upon notification by Seller that this Agreement has not been approved by Seller's Executive Management and/or Board of Directors (which notification, if required, -Seller Agrees to forward via regular United States mail to Buyer no later than 50 days of the effective date of this Agreement shall be deemed immediately cancelled and of no further force and effect and without Seller's being obligated for any loss or damage to Buyer whatsoever. Without limiting the generality of the foregoing, Buyer ...s^_5rh.2\fp1\conCrac: 2 +fir expressly understands and agrees that this Agreement may be disapproved by Executive Management and cancelled as provided above without this Agreement being submitted to Seller's Board of Directors. -For purposes of this clause, the term "Executive Management" shall mean the Vice President or other officer of Seller who is directly responsible to the President of Seller for the management of Seller's real estate assets. 6. CLOSING This transaction shall be closed and the deed and other closing instruments and possession shall be delivered to Buyer on or before ninety (90) days of the Effective Date, unless extended by other provisions of this Agreement. The precise time and place of closing shall be mutually agreed upon. 7. EVIDENCE OF TITLE 7.1 Within thirty (30) days from the effective date of this Agreement, Buyer, at Buyer's expense, may obtain an owner's title insurance commitment followed by a title insurance policy from a title insurance company 1icerised by the State of Florida. 7.2 In the event title is not found, by Buyer's attorney, to be good, marketable and insurable, the title defects shall be specified in writing and delivered to Seller within ten (10) days after delivery of such owner's ...s'Srh.2\fpl\conrcacr 3 `,, en title insurance commitment, whereupon Seller shall have the option to elect to correct such title defects. 7.3 If Seller elects not to correct or fails to correct the title defect within ninety (90) days of the Effective Date, then Buyer shall exercise either of the following options: i) rescind this transaction in which event this Agreement shall be at an end and neither party shall have any other or further obligation against the other by reason or making this Agreement; ii) elect to accept titie:'to the Property in its existing condition. 8_ NO REPRESENTATIONS AS TO QUANTITY, QUALITY, OR CONDITION OF PROPERTY By its execution hereof, the Buyer understands and agrees that Seller has made no representations or warranties as to the quantity, quality or condition of the Property described herein, the suitability of the zoning thereof, or the availability of permits relating thereto, and that Buyer is not relying upon any representation or inducement that may have been,made by Seller or Seller's representatives, agents or employees with respect to the quantity, quality or with respect to the present or future condition, environmental or otherwise, zoning or permitting of said Property. Buyer understands and agrees the conveyance of the Property is "AS ... s'_5rh.2\fpl\coM1r Cecr 4 LWA IS" with a special warranty as to title only and without any warranty for any other purpose, express or implied. 9. REAL ESTATE TAXES The real estate taxes for the year in which the transaction is closed will be prorated on a net basis between the parties. The prorations shall be based upon the previous year's taxes, if the current year's assessment is not available. Either party may request and shall be entitled to a reproration of taxes when the actual amount for the year of closing is levied. 10. EXPENSES Florida documentary stamps on the deed, the cost of recording the deed, and the cost of an owner's title insurance commitment and title insurance policy, if desired, shall be paid by Buyer. The cost of recording any corrective instrument shall be paid by Seller. 11_ DOCUMENTS FOR CLOSING At closing, Seller shall deliver to Buyer a Special warranty Deed in proper form for recording in the form of Exhibit "B" attached hereto and a Seller's and Non -foreign Affidavit in the form attached hereto as Exhibit "C". 12. NATURE OF TRANSACTION Buyer and Seller agree that the transaction contemplated herein is one "in gross" and not "per acre" or "per square foot," and any deficiency or surplus which may be determined to exist in regard to the quantity of the Property described ... s_5ch.2\fp1\conrcac7 5 *%W %fto herein shall not effect the Purchase Price set forth in this Agreement. 13. SELLER'S MORTGAGE AND DEED OF TRUST Buyer understands that the -Property may be encumbered by the lien of Seller's 1944 -rust Indenture, as supplemented, and that Seller will obtain a release of the Property from such encumbrance, if applicable, on or before the closing date. Failure to do so shall entitle Buyer to rescind this transaction, in which event this Agreement shall be at an end, and neither party shall have any further obligation against the other by reason of' -making this Agreement. 14. PROPERTY INSPECTION Buyer, its agents or employees, shall have the right to enter upon the Property to perform surveys and inspections, including a non-invasive Phase I environmental assessment provided, however, prior to such entry Buyer shall have provided to seller evidence of public liability insurance satisfactory to Seller covering accidents or injuries which may occur on the Property. Buyer agrees to leave said Property in the state approximating its present condition, to indemnify and hold Seller harmless from any and all damages to said Property, and to indemnify and hold Seller harmless from and against any and all claims, losses, damages, injuries (including death, liabilities and costs), including attorney's fees resulting from or arising out of or in connection with Buyer's exercise of its rights under ...;25rh.2\Ppl\conrcacr 6 `W .. 15 this paragraph. Buyer shall complete all studies and testing within forty-five (45) days of the Effective Date. If the results of a Phase I environmentai assessment recommend furthz-r environmental testing, Buyer and Seller shall negotiate an addendum to the Agreement covering the scope and terms of the additional testing. In the event an addendum satisfactory to both parties is not executed within fifteen (15) days of notice of the recommendations for additional environmental testing, this Agreement shall automatically terminate. If, in Buyer's sole discretion, the Property is unsuited for tli;E intended land use, the Buyer shall have the right to terminate this Agreement within the forty-five (45) day period for inspection, or within any extended period for inspection and testing agreed upon in writing by the parties, and the parties shall have no further obligation to each other except as to the Buver's obligation to indemnify and hold Seller harmless and to leave the Property in the state approximating its present condition. BROKERAGE Seller and Buyer represent to each other that neither they nor anyone on their behalf has dealt with or consulted with any real estate broker or agent in connection with this matter, and that no commission or finder's fee will be payable as a result of the execution of this Agreement or the consummation of the transaction contemplated hereby. In . ..s'Srh.'_\fpl\cotsr .-acc 7 v ..W 1 the event a real estate broker or agent claims to have dealt with one of the parties contrary to the foregoing representation, the party, the broker or agent claims to have dealt or consulted with agrees to indemnify and hold the other party harmless against any such claims or demands, including reasonable attorneys' fees and costs incurred by such other party. 16. SURVEY Buyer within thirty (30) days of the Effective Date of this ?Agreement shall be entitled to have.,.. -the Property surveyed (the "Survey"), at its sole cost and expense. In the event the Survey shows any encroachment or other type of impediment or encumbrance not authorized by Buyer on the Property, then written notice of such defect shall be given to Seller by Buyer within ten (10) days after delivery of such Survey, and said defect shall be governed in the same manner as objections to the condition of title are dealt with in Paragraph 6 herein. 17. SURVIVING CLOSING The covenants by Seller and Buyer to be kept and performed herein which have not been completed prior to closing shall survive the closing of this transaction and conveyance of the documents, and shall be binding upon Seller and Buyer, their successors and assigns. ...s75Ch.2\[pl\conrracc 8 v 18. LIENS Seller shall pay all assessments and liens for public improvements against the Property, if any, which are certified liens as of the closing date. 19. CONDEMNATION In the event of the institution of any proceedings, or if subject to a bona fide threat of such proceedings, judicial, administrative or otherwise, which shall relate to the proposed taking of any portion of the Property by Eminent Domain, Seller may cancel this Agreement, and this Agreement thereupon shall be of no furthd'r force and effect. 20. TIME OF THE ESSENCE The parties hereto agree and understand that time is of the essence in this Agreement. 21. RECORDING Seller and Buyer agree that neither this Agreement nor any notice thereof will be recorded in the Official Public Records of any Clerk of any Circuit Court of the State of Florida. 22. ASSIGNMENT This Agreement, and the rights and interest created hereunder are not assignable by Buyer without the prior written consent of Seller, which shall not be unreasonably withheld. ...s_;1h.'\fp1\c0nccacr 9 %W New 23. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties hereto, and may not be modified except by an instrument in writina signed by the parties. 24. ATTORNEY'S FEES Should any litigation ensue from this transaction, the prevailing party shall be entitled to recover from the losing party the prevailing party's reasonable attorneys' fees therein, plus costs. 25. NOTICE *a, Any notice required under this"Agreement shall be delivered in person or by prepaid overnight courier, registered or certified mail, return receipt requested to the parties as follows: L1414", St. Lucie County Attn: County Attorney 2300 Virginia Avenue Ft. Pierce, FL 34982 SELLER: Florida Power and Light Company Attn:C. Caren Coleman, Atty P. 0. Box 029100 Miami, FL 33012-9100 and Florida Power and Light Company Attn: Jim Weeks P. O. Box 14000 Juno Beach, FL 33408 Each notice shall be deemed given on the date same is delivered, if delivered in person, or on the day after it is deposited with a courier service guaranteeing overnight delivery, or upon receipt of registered or certified mail. ...s'_5rh.^\fp1\cortracr 10 %W *M 26. PROPOSED ABANDONMENT St. Lucie County does hereby agree to abandon the existing right-of-way of S. 25th Street - St. James Drive crossing the —Florida Power and Light Parcel more particularly described in "Exhibit D-1" after the completion of the widening of S. 25th Street - St. James Drive and acceptance by the Board of County Commissioners. When the abandonment - of the existing right-of-way is approved by the Board of County Commissioners, the resolution will be recorded in the Public Records of St. Lucie County by December 31, 1999. 27. REAL PROPERTY CONVEYED TO PUBLf AGENCY BY A CORPORATION The Seller hereby agrees to comply with Florida Statute Chapter 286.23, "Real Property Conveyed to Public Agency; disclosure of beneficial interest; notice; exemptions.", that any person or entity holding real property in the form of a corporation or any form of representative capacity whatsoever for others, except as otherwise provided in F.S. 286.23, shall, before entering into any contract whereby such real property held in representative capacity is sold, leased, taken by eminent domain, or otherwise conveyed to the state -or any local governmental unit, or an agency of either, make a public disclosure in writing, under oath and subject to the penalties prescribed for perjury, which shall state his or her name and address and the name and address of every person having a beneficial interest in the real property, however small or minimal. This written disclosure ..s^_Sth.2\fp I\wrtr racy 1 1 *Aso v shall be made to the chief officer, or to his or her officially designated representative, of the state, local governmental unit, or agency of either, which the transaction is made at least 10 days prior to the time of closing or, in the case of an eminent domain taking, within 48 hours after the time when the required sum is deposited in the registry of the court more particularly described in "Exhibit E" 28. UTILITY EASEMENT St. Lucie County shall,convey to Florida Power and Light Company a Utility Easement acra'ss the entire proposed right- of-way at time of closing for the construction, operation and maintenance of overhead and underground electric utility facilities (including poles, wires, cables, conduits and appurtenant equipment) as more particularly described in "Exhibit F". The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. ...;'5rh.2\fp1\cony wcr 12 r.. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement as of the respective dates hereinafter set forth. Signed, sealed and delivered in the presence of: Witness Print name: augh Witness Pri t Name -��p ATTEST: ... 525rh. \fpl\conrcacr 13 SELLER: FLORIDA POWER AND LIGHT COMPANY (Corp Seal) Print N e: John M. Chism uector, Corporate Real Estate Its: ssistant Secretary ^M Bate: BUYER: ST. LUCIE COUNTY, a political subdivision of the State of Florida By:A"',,airnian Print Name: Go-,,, 1)- �(u •iP Sr Its: l 1,,r C V m-a,-n Date: lala� h-7 APPROVED AS TO FORM AND CORRECTNESS:_ � I-MM *W ..r NOTICE OF INTENT TO ABANDON TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and the St. Lucie County Land Development Code, Section 11.10.01 et. seq., ST. LUCIE COUNTY intends to file a petition requesting that the St. Lucie County Board of County Commissioners close, vacate, and abandon that portion of a public right-of-way hereinafter described, and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying within that portion of said public right-of-way in St. Lucie County, Florida, described as follows: A parcel of land lying in the South Yz of the North Yz of the North '/2 of Section 17. Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: For a POINT OF COMMENCEMENT (P.O.C.), start at the Northeast corner of Section 17, Township 36 South, Range40 East; run thence S 00°10'24" E along the East line of said Section 17, 1,324.86 feet; thence run S 89041'54" W along the South line of the North 'h of the North ''/z of said Section 17, a distance of 1,689.80 feet to a point on the East right-of-way line of St. James Drive and the POINT OF BEGINNING (P.O.B.); thence continue S 89°41'54" W, along said South line, a distance of 107.09 feet to a point on the West right-of-way line of St. James Drive and point of curvature of a curve concave to the Northeast having a radius of 950.00 feet, a radial to said point bears S 69055'18" W, thence run Northwesterly along said curve through a central angle of 19°45'14", an arc distance of 327.53 feet; thence run N 00019'28" W, continuing along said West right-of-way line, a *r distance of 342.10 feet to the North line of the South'/2 of the North '/z of the North /2 of Section 17; thence run N 89°43'14" E, along said North line a distance of 54.07 feet to a point on the West line of a proposed 150 foot wide right-of-way; said point located on a curve concave to the Northeast having a radius of 1,575.00 feet, a radial line to said point bears S 71 °26'47" W; the following course runs along the Westerly line of said proposed 150 foot wide road right-of-way, thence run Southeasterly along said curve through a central angle of 4°44'57", an arc distance of 130.55 feet to a non -tangent intersection with the East right-of-way line of St. James Drive; thence S 00'19'28" E, a distance of 219.90 feet to a point of curvature of a curve concave to the West having a radius of 850.00 feet; thence run Southeasterly, along said curve through a central angle of 22°11'50", an arc distance of 329.30 feet to the Point of Beginning. The herein described parcel contains 64,120 square feet, more or less. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ FRANNIE HUTCHINSON, CHAIRMAN PUBLISH DATE: March 10, 2001 and March 17. 2001 PROOF: St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 (561) 462-1440 (fax) BILL: St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 W �y.%W too AGENDA REQUEST TO: Board of County Commissioners ITEM NO. C-3D DATE: March 6, 2001 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY(DEPT): Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien in Case No. 90-1724 BACKGROUND: See attached memorandum FUNDS AVAILABLE: RECOMMENDATION: Staff recommends that the Board authorize the Chairman to sign the attached Partial Release of Lien. COMMISSION ACTION: [� APPROVED [ ] DENIED [ ] OTHER: i Anderson Administrator �1 Review and Approvals V/ County Attorney:_ Management & Budget: Purchasing: Originating Dept. Sheriff: Other: Finance: 07 ti. v INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA COUNTY ATTORNEYS OFFICE TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 01-281 DATE: February 28, 2001 SUBJECT: Partial Release of Lien for St. Lucie County Code Enforcement Board Order Imposing Fine/Lien dated in Case No. 90-1724 BACKGROUND: On February 6, 1991, the St. Lucie County Code Enforcement Board found the property at 2105 Donald Street, Fort Pierce, Florida, to be in violation. On July 3, 1991, the St. Lucie County Code Enforcement Board issued an Order finding a total fine amount in Case No. 90-174. A mortgage foreclosure suit and the Notice of Lis Pendens were filed on November 6, 1990. The Summary Judgment of Foreclosure was entered on June 14, 1991 and the property was sold on July 15, 1991. The Code Enforcement Lien was not recorded until May 16, 1991 in Official Record Book 738, Page 2486. The July 3, 1991 Code Enforcement Board Order was not recorded until August 16, 1991 in Official Record Book 751, Page 1259 and January 3, 1995 in Official Record Book 935, Page 2901. Based on the above sequence of events and pursuant to Section 48.23, Florida Statutes (2000), the above referenced Code Enforcement Board lien is not a lien on the property at 2105 Donald Street, Fort Pierce, Florida. Section 48.23, Florida Statutes in pertinent part states: "... the filing for record of such notice of lis pendens shall constitute a bar to the enforcement against the property described in said notice of lis pendens of all interests and liens... and if such proceedings are prosecuted to a judicial sale of the property described in said notice of lis pendens, the property shall be forever discharged from all such unrecorded interests and liens..." ..r Norman L. Paxton, Esquire, of Paxton & Williams, requests a Partial Release of Lien (attached). The Partial Release of Lien will not release the lien from any other property owned by the violator. RE COMMENDATION/CONCLUSION: Staff recommends that the Board authorize the chairman to sign the attached Partial Release of Lien. Respectfully submitted, /Z__ / Katherine Mackenzie -Smith Assistant County Attorney KMS/mt Attachment *40 PARTIAL RELEASE St. Lucie County, holder ofthe instrument described below, inconsideration of $10 and other valuable consideration received, does hereby release the following described real property from the following instrument. Subject Instrument: St. Lucie County Code Enforcement Board Order Imposing Fine/Lien dated February 6,1991 recorded May 16, 1991, in Official Record Book 738, Page 2486. The July 3, 1991 Code Enforcement Board Order recorded August 16, 1991 in Official Record Book 751, Page 1259 and January 3, 1995 in Official Record Book 935, Page 2901. Real Property Released: Lot 1 and the East half of Lot 2 in Block 3 of SINDONS SUBDIVISION according to the plat thereof as recorded in Plat Book 10, Page 54, of the Public Records of St. Lucie County, Florida THIS PARTIAL RELEASE DOES NOT CONSTITUTE A SATISFACTION OR A RELEASE OF ANY PROPERTY OTHER THAN THE PROPERTY DESCRIBED ABOVE Dated this day of 12001. ATTEST: STATE OF FLORIDA COUNTY OF ST. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney The foregoing instrument was acknowledged before me this day of 2001, by , who is personally known to me or who has produced as identification and who did/did not take an oath. Notary Public (Signature) Page 1 of I `b+ ..r NORMAN L. PAXTON, JR. GEORGE L. WILLIAMS, III PAXTON & WILLIAMS ATTORNEYS AT LAW 606 BOSTON AVENUE FORT PIERCE, FLORIDA 34950 Katherine Mackenzie -Smith, Esq. Assistant County Attorney 2300 Virginia Avenue 3`d Floor Administration Annex Fort Pierce, FL 34982-5652 Dear Mrs. Mackenzie -Smith. February 2 Q, 2001 i TELEPHONE 561-465-5795 FAX 561-465-1030 Re: 2105 Donald St., Fort Pierce, Fl Lot 1, and East % of Lot 2, Block 3, Sindons Subdivision I represent Gary Cormier who is the owner of the above property, and I am writing on his behalf to request a release of this property from any lien that may have attached to the property as a result of the Code Enforcement Orders entered against Anthony P. and Maryanne T. Lattanzi in 1991. My client has a contract to sell the above property and the closing is scheduled for March 12, 2001. My client first learned of the existence of the code enforcement board orders, when the title commitment was issued in connection with the sale. County. I am enclosing copies of the following papers from the public records of St. Lucie Code enforcement Order dated February 6, 1991 and recorded on May 16, 1991. 2. Code enforcement Order dated July 3, 1991 and recorded on August 16, 1991. 3. Code Enforcement Board Order (certified copy of order) dated July 3, 1991, and recorded on January 3, 1995. T 4. Lis pendens in foreclosure action against Lattanzis (Countrywide Funding ��✓� % Corp v. Lattanzi) recorded on February 18, 1991. ..r 5. Final Judgment in foreclosure action recorded on June 17, 1991. 6. Certificate of Title in foreclosure action, vesting title in Countrywide Funding Corps. recorded on July 29, 1991. 7. Special Warranty Deed from the Secretary of Veteran Affairs to Gary Cormier dated May 28, 1992 and recorded in St. Lucie County on November 23, 1994 (after erroneous filing in Broward County). No lien should have attached to the property as a result of the three filings of the code enforcement orders for the following reasons: • All of the orders were filed after the filing of the lis pendens in the foreclosure action. The second two filings were after the issuance of the certificate of title in the foreclosure_ at the time when the Lattanzis no longer had title. • The first two recordings of orders were not certified copies. Section 162.09 of the Florida Statutes, and Section 1-2-25 of the St. Lucie County Code, requires the filing of a certified copy of a code enforcement order in order to create a lien. We are requesting just a partial release of this property from any lien created by the three orders. The lien may be enforceable against other property of the Lattanzis. I would appreciate your scheduling this request to be considered by the Code Enforcement Board or County Commission. If there is any further information you need I would be happy to provide it. �i cerely, may' ,Norman L. IJaxton, Jr. NLP/cc 4" AGENDA REQUEST *00 ITEM NO. DATE: March 6, 2001 CONSENT [X ) REGULAR [ ) PUBLIC HEARING [ ] Leg. [ ] Quasi -JD. [ ] TO: BOARD OF COUNTY COMMISSIONERS 2 PRESENTED BY: SUBMITTED BY (DEPT): Utilities Department���I°% Bill Blazak, Director SUBJECT: Authorize the resubmittal of a grant application to the South Florida Water Management District Alternative Water Supply Funding Program. BACKGROUND: In 1996, St. Lucie County received $350,200.00 from South Florida Water Management District Alternative Water Supply Program to fund reuse water lines on South Hutchinson Island. Although the Utilities Department applied for funds last year for the North Hutchinson Island Reclaimed Water Main Extension West project, it ranked just below the funding line. For that reason, staff requests approval to resubmit this project to SFWMD for funding. The grant request will be for $82,800 to construct an 8" reuse water main on North Hutchinson Island westward along AlA which will terminate as a 6" reuse water main at the new county park across from Little Jim's Boat Ramp. The total project cost is $165,000.00 and requires a 50% match. FUNDS AVAIL: In March 2000, the Board approved submitting the grant application and earmarked the County match of $82,800 from account number 441- 9910-599300-800. PREVIOUS ACTION: The Board approved submitting an application to SFWMD Alternative Water Supply Program in March 2000. RECOMMENDATION: Staff recommends that the Board authorize the submittal of a grant application to the South Florida Water Management District and authorize the County Administrator to sign all documents associated with the submittal of the grant application. COMMISSION ACTION: [ X] APPROVED [ ] DENIED [ ] OTHER: County Attorney: Originating Dept: Y Finance: (copies only): Agealth2obcc.wpd Mgt S Public Works: Administrator Purchasing: Other: %W BOARD OF COUNTY COMMISSIONERS MEMORANDUM TO: Board of County Commissioners FROM: William Blazak, Utility Director 11(&&� DATE: March 6, 2001 RE: Alternative Water Source Grant / North Hutchinson Island BACKGROUND: UTILITIES DEPARTMENT WILLIAM DLAZAK DIRECTOR Utilities has applied for this grant the past two years with South Florida Water Management for extension of a reuse line on North Hutchinson Island. The Alternative Water Source Grant funding has been reduced as part of the cost saving measures developed by South Florida Water Management to assist with funding of the Everglades clean up program. As of this date we have not been officially notified that sufficient funds will be available for all applications to the grant program. This grant application will assure the County of an opportunity to be considered as part of the selection process if Alternative Water Source funding becomes available. RECOMMENDATION: Staff recommends that the Board authorize the submittal of this grant application to the South Florida Water Management District. !OHN D. )RUHN. District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, Districr No. 5 Counry Adminisnaror - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982 • Phone (561) 462-1150 • FAX (561) 462-1 153 `.r 1400 741tanative 2Uatel Supply OzanLa ehecklist This form must be completely filled out with appropriate statements in the space provided (no references to text), including all requested documents, and appear immediately after the Funding Proposal. Failure to properly complete this checklist will result in the application being ineligible. Do not exceed the space provided for answers to each question. 1. Give a brief description of the project ' " ' To construct an 8" reuse water main .(ReNM) on North Hutchinson Island Westward. along A-1-A which will terminate as a 6" ReWM at a proposed county park. Connection to an existing 12" ReWM will be made at the intersection of Mariner Dr. 'and A-1-A. 2. Type of alternative supply to be utilized. (Check all that apply.) X wastewater reuse stondwater reuse reverse osmosis brine reuse blending other (describe) 3. Amount of funding requested $82 800 Total project cost $165 , 600 Percent of project covered by SFWIMD 50% Source of other funds SLC aquifer storage and retrieval 4. Would Applicant be willing to accept less than 50% funding? X yes no How would an award of less than 50% affect project timing and completion? Will require additional appropriations and approval from the SLC Commission. May affect timing, but it is not anticipated to be significant. 5. Does the Applicant have funds available and budgeted to pay for the Applicant's share of the project cost? X yes no 6. If the Applicant is a public utility, does this project appear on its Capital Improvement Plan? X yes no Page I %W 7. Will water from this project directly replace an existing or proposed withdrawal from a potable source? X yes no If yes, state the quantity of potable water to be replaced: Quantity 0. 17 ± MGD (thousands; millions gallons per (day_, years Identify the potable water source from which the water will be replaced: FPUA Lime Softening WTP and irrigation well from surficial aquifer. 1 8. Does the project provide other water resource benefits in addition to water supply, such as improving water quality? If yes, briefly describe how the benefits are realized: Promotes growth of natural flora & fauna occurring on barrier island. 9. List permits necessary for this project. 1) Mariner Dr. and Flotilla R.O.W. (SLC) 2) A 1 A tie—in, runs parallel, and crossing (FDOT) 3) FDEP 10.Is the project being undertaken in response to permit conditions issued or enforcement actions taken against the Applicant by the SFWMD or any other agency? yes X no If yes, explain: N/A 11. Has the Applicant received funding from the SFWMD for another project since October 1. 1997? yes X no 12.Is the current application for subsequent funding to a multi -year project previously funded under this program? yes X no .:;eqgih- � � N Page 16 %W on AGENDA REQUEST ITEM NO. C -5 DATE: March 7, 2001 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [XI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Authorize staff to reject the bids for Bid No. 01-021 for the apron construction project at St. Lucie County International Airport and authorize staff to rebid the project. BACKGROUND: In December 2000, the St. Lucie County Purchasing Department advertised for bids for the construction of the aircraft parking apron at St. Lucie County International Airport. A review of the bid documents revealed an irregularity with the bid documents. Some of the bid documents were missing an appendix that addressed labor provisions and minority business enterprises (MBE). As a result, two of the bids received did not include the MBE certifications. One of the bidders issued a bid protest. The County Attorney reviewed the missing information and determined that the missing information was material in nature, and that the project should be rebid in its entirety. Therefore, staff recommends that the Board reject all bids and that the project be rebid. FUNDS ARE AVAILABLE IN ACCT#: This project has received 80% funding from Florida Department of Transportation (FDOT) and 20% matching funds are available in 140-4220-56300- 400 (Airport Improvements Other than Buildings). PREVIOUS ACTION: Board approved the project for fiscal year 2000/01. RECOMMENDATION: Staff recommends that the Board authorize staff to reject the bids for Bid No. 01-021 for the apron construction project at St. Lucie County International Airport and authorize staff to rebid the project. COMMISSION ACTION: k]APPROVED [ ]DENIED [ ]OTHER: Reviews & Approvals �/ County --Attorney: L�Q OMB Purchasing��' Originating Dept: Other: Other: Finance:(Check fo opy only, if applicable) '%. •00 February 15, 2001 St, Lucie County Purchasing Manager 2300 Virginia Ave. Room 228. Ft. Pierre, FL 34950 Re: Bid # 01-021 Aircraft Parking Apron St. Lucie County International Airport St. Lucie County Port and Airport Authority Gentlemen: .ivr Sw iiECEi J' 1001 FEB 15 PH 2 43 ST LUCIE COUNTY Pursuant to the invitation to Bid on the above referenced project- Bids were received by St. Lucie County Q 11:30am on February 14, 2001. When the Bid results were announced Dickerson of Fla. Inc. was read out as the apparent Low Bidder. Please let this letter serve, as our formal protest should it be the Counties intent to award this project to them. A review of the Bid Documents on Thursday February 15.2001 with a county Purchasing Office Representative revealed both Dickerson of Fla. And Community Asphalt had irregular proposals from that what bad been supplied to us. Appendix 1-1734 / 1-5-01 addressing Labor Provisions and Minority Business Enterprises Provisions and the respective forms were included in our proposal which was supplied by St. Lucie County and not in theirs. We complied with the 5% Minority Business Requirement whereas they did not comply with the Minority Requirement. Either we were supplied with an irregular proposal or they were. We respectfully request a meeting at your earliest convenience in order that a resolution may be reached in this matter. If you have any questions relative to this matter, please feel free to give me call. President ]W/dip 4510 Glades Cut -Oft Rd., P.O. Box 14569, Ff. Pierce. FL 34979 4589. Phone (561) 464 6460, Fax (561) 46&05W ..... ..,. ' .nne Y)717A BOARD OF COUNTY COMMISSIONERS February 23, 2001 Ranget Construction Industries, Inc. Attn: Mr. Jim Widmann, vice President 4510 Glades Cut-off Road P. 0. Sox 14589 Ft. pierce, FL 34979-4589 PuRCHAS]NG DEPART LENT CHARLES L OC (T, SR. Director Re: Bid #01-021 - ing Apron A rSt. LuciekCounty International Airport Dear Mr. widmann: This is in response to your letter of protest dated February 15, 2001 regarding the aforementioned bid. We have investigated the matter of a discrepancy regarding the pages addressing the Labor and Minority Business Enterprises Provisions. It does appear that there were two different appendixes distributed for this bid. I have met with the County Attorney and Assistant County Administrator (as designee of the County Administrator) to review this matter. Due to this unforeseen discrepance, it has been decided to take this matter before the Board of County Co nissioners and request that all bids submitted be rejected and request a new call to bid be instituted. sincerely yours, �,.�-� /��� Ruth Tottan Interim Director RT:mc CC: Douglas Anderson, County Administrator -Robert Bradshaw, Asst. County Administrator Lan McIntyre, County Attorney Paul Phillips, Airport Director Dickerson Florida, Inc. Community Asphalt Corp. optimum Service&, Inc. f' ld & Stoner Inc. Williams, Hat ie 1aHN D. WWHN. Dlsrla No. 1 • DolG COWARD. D_mc No. 2 P Ad '�1a _ �9 µ A NTE NIlfCHIN$ON. D�rcr[t No. CLIFF 0•'PNES. Os�,�� No. 5 os 2300 Virginia Avenue • Fort Pierce. FL 34982.5652 • Phone (561) 462-1700 FAX (561) 462.1704 + 7DD (561) d62-1428 _... ...,.. '%.P7 TAAZ/LZ/ZO