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Agenda Packet 09-18-07
.. Sellternber tS, 2007 ..00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 9/ta/07 WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL IIHONES AND IIAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND IIROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asl:? anyone wishing to spea~ 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 presentotion is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will asl:? for public comment (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address. speal:?ing clearly into the microphone. If you have bac~up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce. FL 34982. The Board schedules additional wor~shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these wor~shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (JT2) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. .. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Chris Crall:, Chairman 'o.ellh E. Smith, Vice Chairman Doug Coward Paula A. Lewis Char Ie. Grande Dlstrkt No. I Dlstrlel: No. t Dlstrlel: NO.2 Dlstrlel: No. J Dlstrlel: No.4 Sellternber tS, 2007 ..00 P.M. Invocation Pledge of Allegiance I. (}[e JMINUTES ffP'f!;;'»APprove the minutes from the September 11,2007 meeting. 2e PROCLAMATIONS/PRESENTATIONS There are no Proclamations/Presentations scheduled for September 18,2007. J. GENERAL PUBLIC COMMENT (;;rde -K~e-, SÁá'fBI() £Ä-c. 4. CON.....AG~A /!.J/,,¡ tr¡,,,í/o ¡n~. lhMWtJ5"-o /3 ~ d;. ~Mb '& . rrv"'-V, PUBLIC HEARINGS IA. COUNTY AnORNEY PULLED PRIDR TD THE MEETING Ordinance No. 07-051 - Amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport - Consider staff recommendation to approve proposed Ordinance No. 07-051 as drafted. lB. & GROWTH MANAGEMENT 1\ ~~ø Consider Resolution No. 07-138 granting a Conditional Use Permit to allow the operation on the St. Lucie ""\) . /Í\ County Fairgrounds and the operation of Executive, Legislative, and judicial functions that will include the '\ /\./ Department of Forestry Division Office and the St. Lucie County Emergency Operation Center in the I (Institutional) Zoning District for property located at 15601 Midway Road - Consider staff recommendation to adopt Resolution No. 07-138 approving the application of St. Lucie County Director of Growth Management for a Conditional Use Permit to allow the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District. ~ëð ~þo GROWTH MANAGEMENT The petition of Preferred Properties of St. Lucie, LLC, is requesting Preliminary PUD (Planned Unit Development) Site Plan approval for a 40 single family residential lot subdivision on 81.9-acre tract of land to be developed as the Creel?side Reserve for property located on the South side of Ol?eechobee Road, approximately 1.5 miles west of Gordy Road, southwest of the Creel?side PUD. (Resolution No. 07-241) - Consider staff recommendation to approve Resolution No. 07-241 to approve the application of Preferred Properties of St. Lucie, LLC for a Preliminary Planned Unit Development Site Plan to be I?nown as Creel:?side Reserve, subject to 13 limiting conditions. (File No. PUD-420071099) END OF PUBLIC HEARINGS -r"'?'"""'~ inTi"" r' ~~",,~"'.''''^,''' ~",."".,,, .. "!r' CONSENT AGENDA .,¡¡¡¡ "1!1lì Iii II t. WARRANTS Approve warrant list No. 50 2. COUNTY AnORNEY PULLED PR/OII TO THE MEETING A. Permission to File Suit - Taylor Creel? Townhouses, LLC, 1910 N. 13th Street, Fort Pierce, Florida - Consider staff recommendation to authorize the County Attorney's Office to file suit against Taylor Creel? Townhomes, LLC for failure to correct code violations at 1910 N. 13th Street, Fort Pierce, Florida, which are causing a public safety concem. B. Lal?ewood ParI? Regional ParI? - Right-of-way Donation - Emerson Avenue - State Road 607 - Resolution No. 07-275 - Consider staff recommendation to approve the County Deed and Resolution provided by the Florida Department of Transportation. authorize the Chairman to sign Resolution No. 07-275 and County Deed, and direct staff to record the documents in the Public Records of St. Lucie County, Florida and return the originals to the Florida Department of Transportation. C. Contract for Sale and Purchase - Harmony Heights Stormwater Improvement - Nancy Roberts and Raymond Ucciferri - Parcel I.D. 1431-801-0221-000/1 - Consider staff recommendation to approve a Contract for Sale and Purchase from Nancy Roberts and Raymond Ucciferri for the purchase price of $72,000.00, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. So PUBLIC WORKS Waterstone Subdivision - Final release of 5% surety in the amount of $74,741.60 for Phase I - Consider staff recommendation to approve the final release of surety for Waterstone Subdivision Phase 1, and authorize the Chairman to sign. 4. GRANTS .. Staff is requesting the Board of County Commissioners approve the submittal of an application to the Florida Ports Council, Seaports Capital Improvement Program for funding not to exceed $90,000 for the $120,000 environmental and engineering assessment of four potential spoil sites and the engineering and permitting of a selected spoil site and acceptance of the grant if awarded. B. Staff recommends the Board authorize the submittal of a request to the South Florida Water Management District, St. Lucie River Issues Team for the reallocation of approximately $2,500,000 in prior year unmatched funding to eligible approved projects that are essentially ready-to-go, and acceptance of the reallocated funds, if awarded. C. Staff recommends the Board authorize the submittal of Innovative Recycling grant application to the Florida Department of Environmental Protection (FDEP) and the acceptance of the grant if approved for funding. Grant funds in an amount not to exceed $175,000 will help fund the development of a green classroom at the Oxbow Eco-Center. D. Staff recommends the Board authorize the submittal of a Regional Environmental Priority Project grant to the US Environmental Protection Agency for an amount not to exceed $51,000 and the acceptance of the grant if approved. Grant funds will help the Oxbow Eco-Center fund the development of a Green Schools Initiative pilot program designed to provide St. Lucie District teachers the resources and incentives needed to reduce the environmental impact of schools and encourage stewardship in students. I. ENVIRONMENTAL RESOURCES Staff requests approval of the Third Amendment to Agreement C06-05-362 with Glatting JacRson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. The purpose of the amendment is to extend the time of completion to December 31, 2007 - Consider staff recommendation to approve the Third Amendment to Agreement C06-05-362 with Glotting JacRson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. ... Con.ent Agenda Sellternber tS, 2007 Page lwo .. AIRPORT A. Resolution No. 07-271 accepting the Florida Department Transportation (FDOl) Joint Participation Agreement (JPA) - Consider staff recommendation to approve Resolution No. 07-021 accepting the Florida Department of Transportation (FDOl) Joint Participation Agreement (JPA) in the amount of $743,200 for 80% of the $929,000 cost to complete the design and installation of the security access control system at the St. Lucie County International Airport and authorize the Chair or designee to execute the same. B. Resolution No. 07-273 Florida Department of Transportation (FDOl) Joint Participation Agreement (JPA) - Consider staff recommendation to approve Resolution No. 07-273 accepting the Florida Department of Transportation (FDOl) Joint Participation Agreement (JPA) in the amount of $167,525 for 80% of the $209,406 cost to upgrade the Electrical Vault at the St. Lucie County International Airport and authorize the Chair or designee to execute the same. 7. PURCHASING Award of Invitation to Bid No. 07-095 for the purchase of trees with funds received from the Florida Department of Agriculture and Consumer Services Grant in the amount of $175,000 for the Adopt-A- Tree program in St. Lucie County from Sunshine Land Design, Inc. - Consider staff recommendation to approve to award Invitation to Bid No. 07-095 to Sunshine Land Design, Inc., for the cost of $175,000 per the unit prices listed in Bid No. 07-095, and authorize the Chairman to sign the contract as prepared by the County Attorney. s. LIBRARY St. Lucie West Library - payment correction - Consider staff recommendation to approve the additional funding to Indian River Community College. 9. HUMAN RESOURCES Authorization to hire above mid-range of the pay scale - In order to hire above the mid-range of our current pay scale it requires Board approval. The mid range for PG 26 Assistant Growth Management Director is $69,542.30 - Consider staff recommendation to approve Hiring above the Mid-range in this circumstance. .- -~ IV' ANNOUNCEMENTS Sellternber ts, 2007 1. "Along the Cattle Trail" Special Exhibit opens Saturday, September 22nd at the St. Lucie County Historical Museum. An action-pached, fun-filled Family Day featuring re-enactors, games, music, and victuals highlights the day from 10 a.m. until 4 p.m. at the Museum, 414 Seaway Drive in Fort Pierce. Admission is $5 per family. The "Along the Cattle Trail," exhibit will run through February 2008. For more information, call Anne Sinnott at 772/462-1891. 2. The Board of County Commissioner will hold the September Informal Monthly Meeting on Friday, September 28, 2007 at 9:00 a.m. in Conference Room #3. 3. The Board of County Commissioner will hold an Ag PUD Worhshop on Thursday, October 4, 2007 at 2:00 p.m. in the County Commission Chambers. 4. The St. Lucie County Master Gardener 24th Annual Plant Sale will be on Saturday, October 13, 2007 from 8:00 a.m. to 2:00 p.m. and Sunday, October 14, 2007 from 10:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. 5. The St. Lucie County Intemational Airport is hosting Airport Day on Saturday, November 3, 2007, from 10:00 a.m. to 2:00 p.rn. at Airport Administration Building, 3000 Curtis King Boulevard, Fort Pierce. Contact (772) 462-1732 for additional information. 6. The Board of County Commissioners and the Treasure Coast Education & Research Development Authority will hold a meeting on Thursday, November 8, 2007 at 2:00 p.m. at 2199 Roch Road in the University of Florida building. 7. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 13, 2007 at 9:00 a.m. in the County Commission Chamber. NOTICE: AIi Proceedings before this Board are electronicaliy recorded. Any person who decides to appeol any action to~en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TOO (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ", ADDITIONS AGENDA Sellternber tS, 2007 REGULAR AGENDA RA~~ COUNTY AnORNEY MO¡¡t/J1.¡~J I/o CitJ}¡h~/ do/6vs úJ;/I'/;( /Jee.k/ ¿ù..... Florida Communities Trust - Hac\:?berry Hammoc\:?/Fðl Project 05-069-FF5 - Option tJ) ¡) rW Agreement for Sale and Purchase - Grimes/Langel - Tax I.D. No. 3229-341-0001-000-7 - T 'f Y /) Consider staff recommendation to approve the Option Agreement for Sale and Purchase of ~he Grimes/Langel parcel for $540,000.00 as shown in pin\:? on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record , the documents in the Public Records of St. Lucie County, Florida. CONSENT AGENDA CAt. HUMAN RESOURCES PULLED PRIOR TO THE MEETING Authorization to hire above mid-range of the pay scale - In order to hire above the mid-range of our current pay scale it requires Board approval. The mid range for PC 23 Capital Improvements Planner/Engineer is $59,837.23 - Consider staff recommendation to approve to hire above the Mid-range in this circumstance. NOTICE, All Proceedings before this Board are electronically recorded, Any penon who decides to appeal any action taloen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (712) 462-1m or TDD trT2) 462-1428 at least forty-eight (48) houn prior to the meeting. .. . Sellternber tS, 2007 ..00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 9/ta/07 WELCOME ALL MEEnNGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND IIDAtS WHILE IN USE IN THE COMMISSION CHAM.ERS. GENERAL RULES AND IIROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asl:? anyone wishing to speal:? 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 asl:? for public comment, (4) further discussion and action by the board, ADDRESSING THE COMMISSION - Please state your name and address, speal:?ing clearly into the microphone. If you have bac~up material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEITINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982, The Board schedules additional worl:?shops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worl:?shops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1m or TDD (m) 462-1428 at least forty-eight (48) hours prior to the meeting. .. BOARD OF COUNTY COMMISSIONERS www.co..t-Iucie.fl.ut t Chris Craft, Chairman ,o.ellh E. Smith, Vice Chairman Doug Coward Paula A. Lewis Char Ie. Grande Dldrlel: No. I Dldrlel: No. t Dldrlel: No.2 Dlstlkt No. J Dbtrkt No.4 Selltember tS, 2007 ..00 P.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes from the September 11, 2007 meeting. 2e PROCLAMATIONS/PRESENTATIONS There are no Proclamations/Presentations scheduled for September 18, 2007. J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA 'F PUBLIC HEARINGS IA. COUNTY AnORNEY PULLED PRIOR TO THE MEETING Ordinance No. 07-051 - Amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County ~emational Airport - Consider staff recommendation to approve proposed Ordinance No. 07-051 as drafted. IB GROWTH MANAGEMENT Consider Resolution No. 07-138 granting a Conditional Use Permit to allow the operation on the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and judicial functions that will include the Department of Forestry Division Office and the St. Lucie County Emergency Operation Center in the I (Institutional) Zoning District for property located at 15601 Midway Road - Consider staff recommendation to p Resolution No. 07-138 approving the application of St. Lucie County Director of Growth Management or a Conditional Use Permit to allow the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District. GROWTH MANAGEMENT The petition of Preferred Properties of St. Lucie, LLC, is requesting Preliminary PUD (Planned Unit Development) Site Plan approval for a 40 single family residential lot subdivision on 81.9-acre tract of land to be developed as the Creel:?side Reserve for property located on the South side of Ol:?eechobee Road, approximately 1.5 miles west of Gordy Road, southwest of the Creel:?side PUD. (Resolution No. 07-241) - Consider staff recommendation to approve Resolution No. 07-241 to approve the application of Preferred Properties of St. Lucie, LLC for a Preliminary Planned Unit Development Site Plan to be I:?nown as Creetuide Reserve, subject to 13 limiting conditions. (File No. PUD-420071099) END OF PUBLIC HEARINGS ,,, " . .- ¡I If ~ ~ CONSENT AGENDA T rw In~R I. WARRANTS Approve warrantfurNo. 50 -----~._------------- --'~.--.-....... 2. ermission to File Suit - Taylor CreeR Townhouses, LLC, 1910 N. 13th Street, Fort Pierce, Florida Consider staff recommendation to authorize the County Attorney's Office to file suit against Taylor CreeR Townhomes, LLC for failure to correct code violations at 1910 N. 13th Street, Fort Pierce, F . are causing a public safety co LaRewoo ar e a arR - Right-of-way Donation - Emerson Ave ote Road 607 - Resolution No. 07-275 - Consider staff recommendation to approve the County Deed and Resolution provided by the Florida Department of Transportation, authorize the Chairman to sign Resolution No. 07-275 and County Deed, and direct staff to record the documents in the Public Records of St. Lucie County, Florida and return the originals to the Florida Department of Transportation. C. Contract for Sale and Purchase - Harmony Heights Stormwater Improvement - Nancy Roberts and Raymond Ucciferri - Parcel I.D. 1431-801-0221-000/1 - Consider staff recommendation to approve a Contract for Sale and Purchase from Nancy Roberts and Raymond Ucciferri for the purchase price of $72,000.00, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. J. PUBLIC WORKS Waterstone Subdivision - Final release of 5% surety in the amount of $74,741.60 for Phase I - Consider staff recommendation to approve the final release of surety for Waterstone Subdivision Phase 1, and authorize the Chairman to sign. 4. GRANTS A. Staff is requesting the Board of County Commissioners approve the submittal of an application to the Florida Ports Council, Seaports Capital Improvement Program for funding not to exceed $90,000 for the $120,000 environmental and engineering assessment of four potential spoil sites and the engineering and permitting of a selected spoil site and acceptance of the grant if awarded. B. Staff recommends the Board authorize the submittal of a request to the South Florida Water Management District, St. Lucie River Issues Team for the reallocation of approximately $2,500,000 in prior year unmatched funding to eligible approved projects that are essentially ready-to-go, and acceptance of the reallocated funds, if awarded. C. Staff recommends the Board authorize the submittal of Innovative Recycling grant application to the Florida Department of Environmental Protection (FDEP) and the acceptance of the grant if approved for funding. Grant funds in an amount not to exceed $175,000 will help fund the development of a green classroom at the Oxbow Eco-Center. D. Staff recommends the Board authorize the submittal of a Regional Environmental Priority Project grant to the US Environmental Protection Agency for an amount not to exceed $51,000 and the acceptance of the grant if approved. Grant funds will help the Oxbow Eco-Center fund the development of a Green Schools Initiative pilot program designed to provide St. Lucie District teachers the resources and incentives needed to reduce the environmental impact of schools and encourage stewardship in students. 5. ENVIRONMENTAL RESOURCES Staff requests approval of the Third Amendment to Agreement C06-05-362 with Glatting JacRson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. The purpose of the amendment is to extend the time of completion to December 31, 2007 - Consider staff recommendation to approve the Third Amendment to Agreement C06-05-362 with Glatting JacRson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attomey's Office. · .... Con.enl: Agenda Selll:ernber tS, 2007 PageT.... .. AIRPORT A. Resolution No. 07-271 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (lPA) - Consider staff recommendation to approve Resolution No. 07-021 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (lPA) in the amount of $743,200 for 80% of the $929,000 cost to complete the design and installation of the security access control system at the St. Lucie County International Airport and authorize the Chair or designee to execute the same. B. Resolution No. 07-273 Florida Department of Transportation (FDOT) Joint Participation Agreement (lPA) - Consider staff recommendation to approve Resolution No. 07-273 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (lPA) in the amount of $167,525 for 80% of the $209,406 cost to upgrade the Electrical Vault at the St. Lucie County Intemational Airport and authorize the Chair or designee to execute the same. 7. PURCHASING Award of Invitation to Bid No. 07-095 for the purchase of trees with funds received from the Florida Department of Agriculture and Consumer Services Grant in the amount of $175,000 for the Adopt-A- Tree program in St. Lucie County from Sunshine Land Design, Inc. - Consider staff recommendation to approve to award Invitation to Bid No. 07-095 to Sunshine Land Design, Inc., for the cost of $175,000 per the unit prices listed in Bid No. 07-095, and authorize the Chairman to sign the contract as prepared by the County Attorney. s. LIBRARY St. Lucie West Library - payment correction - Consider staff recommendation to approve the additional funding to Indian River Community College. 9. HUMAN RESOURCES Authorization to hire above mid-range of the pay scale - In order to hire above the mid-range of our current pay scale it requires Board approval. The mid range for PG 26 Assistant Growth Management Director is $69,542.30 - Consider staff recommendation to approve Hiring above the Mid-range in this circumstance. "" 1. "Along the Cattl Trail" Special Exhibit opens Saturday, September 22nd at the St. Lucie County Historical Museum. An a on-pacRed, fun-filled Family Day featuring re-enactors, games, music, and victuals highlights the day from a.m. until 4 p.m. at the Museum, 414 Seaway Drive in Fort Pierce. Admission is $5 per family. The "Along e Cattle Trail," exhibit will run through February 2008. For more information, call Anne Sinnott at 772/462 891. ~.'-~ T _-/I 2. The Bo d of County Commissioner will hold the September Informal Monthly Meeting on Friday, September 28, 20 at 9:00 a.m. in Conference Room #3. 3. The Board of County Commissioner will hold an Ag PUD WorRshop on Thursday, October 4, 2007 at 2:00 p.rn. in the County Commission Chambers. 4. The St. Lucie County Master Gardener 24th Annual Plant Sale will be on Saturday, October 13, 2007 from 8:00 a.m. to 2:00 p.m. and Sunday, October 14, 2007 from 10:00 a.m. to 2:00 p.m. at the St. Lucie County Extension 8400 Picos Road, Fort Pierce. 5. The St. Lucie County Intemational Airport is hosting Airport Day on Saturday, November 3, 2007, from 10:00 a.m. to 2:00 p.rn. at Airport Administration Building, 3000 Curtis King Boulevard, Fort Pierce. Contact (772) 462-1732 for additional information. 6. The Board of County Commissioners and the Treasure Coast Education & Research Development Authority will hold a meeting on Thursday, November 8, 2007 at 2:00 p.m. at 2199 RocR Road in the University of Florida building. 7. The Board of County Commissioners will hold the Annual Reorganization meeting on Tuesday, November 13, 2007 at 9:00 a.m. in the County Commission Chamber. NOTICE: All Proceedings before this Board are electronically recorded Any person who decides to appeal any action ta~en by the Boord at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in, Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St, Lucie County Community Services Director at (772) 462-1TT7 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting, .. (. ADDITIONS AGENDA September tS, 2007 REGULAR AGENDA 01. COUNTY ATTORNEY Florida Communities Trust - HacRberry HammocR/FCT Project OS-069-FFs - Option Agreement for Sale and Purchase - Grimes/Langel - Tax I.D. No. 3229-341-0001-000-7 - Consider staff recommendation to approve the Option Agreement for Sale and Purchase of the Grimes/Langel parcel for $540,000.00 as shown in pinR on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. CONSENT AGENDA CAt. HUMAN RESOURCES PULLED PRIOR TO THE MEETING Authorization to hire above mid-range of the pay scale - In order to hire above the mid-range of our current pay scale it requires Board approval. The mid range for PC 23 Capital Improvements Planner/Engineer is $59,837.23 - Consider staff recommendation to approve to hire above the Mid-range in this circumstance. NOTICE, All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taloen by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn In, Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request, Anyone with a disobility requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1m or TDD (772) 462-1428 at ieast forty-eight (48) hours prior to the meeting. ADDITIONS AGENDA Selll:ernber tS, 2007 REGULAR AGENDA RAI. COUNTY ATTORNEY Florida Communities Trust - HacÞberry HammocÞ/FCT Project 05-069-FF5 - Option Agreement for Sale and Purchase - Grimes/Langel - Tax I.D. No. 3229-341-0001-000-7 - Consider staff recommendation to approve the Option Agreement for Sale and Purchase of the Grimes/Langel parcel for $540,000.00 as shown in pin\:? on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. CONSENT AGENDA CAt. HUMAN RESOURCES Authorization to hire above mid-range of the pay scale - In order to hire above the mid-range of our current pay scale it requires Board approval. The mid range for PG 23 Capital Improvements Planner/Engineer is $59,837.23 - Consider staff recommendation to approve to hire above the Mid-range in this circumstance. NOTICE, All Proceedings before this Boord are electronically recorded. Any person who decides to appeal any action ta¡'¡en by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting shouid contact the St. Lucie County Community Services Director at (Tr2) 462-1777 or TDD (Tr2) 462-1428 at least forty-eight (48) hours prior to the meeting, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: September 11, 2007 Convened: 9:00 a.m. Adjourned: 10:40 a.m, Commissioners Present: Chairman, Chris Craft, Joseph Smith, Doug Coward, Paula A. Lewis, Charles Grande Others Present: Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Michael Brillhart, Economic & Strategic Development Director, Vanessa Bessey, Environmental Resources Director, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Laud Case, Utilities Director, Neil Appel, Purchasing Director, Diana Lewis, Airport Director, Beth Ryder, Community Services Director, Jim David, Mosquito Control Director, Marie Gouin, M & B Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Smith, seconded by Com, Grande, to approve the minutes of the meeting held on September 4,2007, and; upon ron call, motion carried unanimously. 2, PROCLAMA nONS/PRESENT A nONS A, Resolution No. 07-269- Proclaiming September 17,2007 as Citizenship Day and further Proclaiming September 23,2007 as "Constitution Week" in St. Lucie County, Florida- It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 07- 269, and; upon roll call, motion carried unanimously. B. Ms. Carin Smith, Executive Assistant to Com. Smith introduced the Executive Roundtable's Truancy Video, C. Resolution No. 07-268- Proclaiming September 9, 2007 through September 15,2007 as "Water Reuse Week" in St. Lucie County, Florida It was moved by Com. Lewis, seconded by Com. Grande to approve Resolution No, 07- 268, and; upon roll call, motion carried unanimously. D. Commissioner Smith presented the Spelling Championship Trophy to County Staff, Carin Smith, Executive Assistant to Commissioner Smith, Amy Mott, Environmental Regulation Manager and Heather Lueke, Assistant County Attorney. E, Presentation by Culpepper and Terpening Inc., on Capron Lakes Development of Regional Impact. Mr. Butch Terpening, Culpepper & Terpening addressed the Board on this item and made the presentation on this DR! project. This project is approximately 2,000 acres. The Capron Lakes project is about 1980 acres and there is 5600 acres in the Capron Trails Community Development District which abuts the TVC proposed project. This project would consist 00100 residential units, 200,000 sq. feet of retail, 200,000 sq, feet of targeted industry area, 25 acres for a school site and 25 acres for a community park. 1 Mr. Terpening reviewed the Master Plan as depicted in the outline, the TVC North County Transportation Program and also outlining the proposed 2 lanes and 4 panes roadways, these are also design elements with the TVC. He also addressed the original TVC roadway alignment over layed into the site plan and the TVC North County Flow way integration. Mr. Terpening addressed the letter from the Treasure Coast Regional Planning Council indicating that due to the pending challenges to the TVC, it would not be in the best interest of the County to amend the TVC element and LDR's to include the Capron Lakes DR!. It was also the opinion of the TCRPC that since the DR! master development plan is consistent with the TVC and will be designed according to the TVC-LDR's, the County could process the DRI under its current County future land use designation of SD (Special District- Capron Trails) and still accomplish the goals and objective of the TVC. Mr. Terpening requested direction from the Board and also that the Board consider this project since it is abutting the TVC be reviewed by staff under the TVC guidelines. Com. Coward stated he had asked this petitioner to come before the Board and request direction since this developer is embracing the TVC concept even though this project was not included in the TVC area. He believes in fairness to staff this is a policy decision. Com. Coward stated they needed to make a decision as to whether they wanted to see a number of houses with little or no open space because this is what is essentially happening now the sprawl pattern prior to the TVC or do they wish to see a mixed of uses coming in, targeted industries, commercial etc. Do they want the concept of the TVC to apply for this area or deal with this as Ag with 1 unit to the acre or a DR!. Com. Lewis stated she was wondering just how far out of our permitted code this would be. Mr. Andrew Rittle, Planner for St. Lucie County advised the Board with this being a DRI application the present code would only allow 1 unit per acre, about 1900 units. Com, Lewis stated she previously any language allowing the TVC to be transported anywhere else in the county, however in this case this is a neighboring development that has a model and a lot to recommend and wonders if this can be accomplished without extending the TVC area. Mr. Terpening stated they could put in a land use amendment. There is a vehicle within thc county's current code structure that would allow them to get there. Com. Grande stated this project had quite a bid of non residential and questioned the amount of residential units they were proposing if this plan was implemented as presented. Mr. Terpening stated he wished to correct the record, they are proposing 70% open space not 60%. There is an underline of 1980 residential units and utilizing the TVe formula it give them an allowable intensity of 3100 and they have adopted this. Com, Smith requested the Growth Management's recommendation and asked if we could go in and create rules that are consistent with the TVC application so that they still have the same form east and west. The Growth Management Director addressed the Board and stated this only being his second day on the job was recommending if the Board was looking at the options discussed today, he would like to be given time enough to evaluate them and discuss them with staff. The Asst. County Administrator stated she believed given the Board direction they could look at a plan amendment should they want to bring this forward under the TVC concept, however she would like the County Attorney's opinion. 2 The County Attorney stated there is the option of the plan amendment process for DRI's and this would be an option as well as the district overlay option as well. Com. Grande stated this needed more discussion and would like to get an explanation as to why it has not been recommended to expand the TYC. Mr. Michael Busha, Executive Director of the TCRPC, addressed Com. Grande's question and stated they felt it was not a good time to add additional lands to the TYC due to the possible challenges and also the fact that they can get all the benefits of the TVC without being included in the TYC. After continued discussion, Com. Smith recommended the applicant meet with each of the Commissioners after meeting with staff to discuss the various questions and issues. Mr, Terpening stated he would like to have the opportunity to work with the County staff, legal and bring it back to the Board members and the community, The Growth Management Director sated he would like to have time to meet with staff and the Asst. County Administrator and come back to the Board. The Board concurred with the Growth Management Director's recommendation, 3. GENERAL PUBLIC COMMENTS Mr. Paul Scholl, area resident, addressed the Board with regards to the property adjacent to Capron Lakes and reiterated his previous position on the sale of the property. He stated no one has contacted him to this point. The Chairman advised Mr. Scholl the county has no intention to acquire the property he his speaking about. If the developers do not choose to purchase it, then it is entirely up to them. Com. Coward reiterated the fact the county is not interested in acquiring his property. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Smith to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 49. 2. COUNTY ATTORNEY A. Contract for Sale and Purchase- Harmony Heights Stormwater Improvement- Harry Hagwood- Tax J.D. 1431-801-0011-000/6 - The Board approved the Contract for Sale and purchase for Harry Hagwood for the purchase price of $23,500, authorized the Chairman to sign the Contract and directed staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. B. Termination of Road Contribution and Construction Agreement and Agreement for Construction and Maintenance of Pond-Lennard Road with Dybra PSL Development, LLC- The Board approved terminating the December 21, 2004 Road Contribution and Construction Agreement and the Agreement for Construction and Maintenance of pond-Lennard Road with Dybra PSL Development LLC. C. S1.. Lucie County International Airport Runway 9L/27R- Revised South Florida Water Management District Conservation Easement to add U.S. Fish and Wildlife Service- The Board approved the proposed Deed of 3 09107/07 FZABWARR FUND 001 001167 001174 001177 001180 001182 001183 001404 001405 001418 001420 001424 001814 101 101001 101002 101003 101004 101006 101215 102 102001 105 107 '001 ,)02 107003 107006 107204 115 118 130 140 140001 150 160 181 183 183001 183003 183004 183006 184205 185007 185008 189201 216 262 ST. LUCIE COUNTY - BOARD WARRANT LIST #49- 01-SEP-2007 TO 07-SEP-2007 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 05 FEFC Disaster Relief Grant 3ection 112/MPO/FBWA/Flanning 2006 US Dept Housing HUD Shelter Plus Gr CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 05 CDBG Sup Disaster Recovery St Lucie Co Special Needs Shelt FDCA EMPA FY07 TDC Planning Grant 07 Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FDOT Traffic Signal System Grant Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Sheraton Plaza Fund Paradise Park Fund SLC Public Transit MSTU Port & Airport Fund Port Fund Impact Fee Collections Plan Maintenance RAD Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FHFA SHIP FY06/07 FHFA Hurricane Housing Recovery FHFC Hurricane Housing Recovery PIa County Capital I&S Tourism Dev 4th Cent I&S Fund EXPENSES 370,356.23 34.38 17,024.00 7.54 502.62 2,928.50 484.34 132.53 731,952.50 183.36 45.83 1,316.80 106.48 48,731.85 56,819.58 71,572.86 56,900.25 17,161.94 4,544.96 5,979.60 75,126.17 2,545.23 1,902.00 563,999.37 80.04 161. 90 28,013.48 19,937.73 115.29 537.11 742.37 0.00 231,527.47 3,981.12 162.58 1,744.22 305.86 4,106.46 300.00 125.00 288.20 741.95 1,625.40 0.00 1,627.72 0.00 1,202.00 9,093.25 PAGE PAYROLL 723,062.23 461.88 0.00 0.00 156.95 1,756.49 6,471.76 4,990.94 0.00 0.00 615.78 0.00 1,391. 91 46,429.43 831. 06 47,610.54 32,957.12 21,034.15 0.00 0.00 84,168.08 6,283.10 0.00 137,405.46 1,049.60 2,142.66 0.00 8,166.35 1,507.10 0.00 0.00 17,974.35 13,316.37 0.00 2,221.45 3,273.44 0.00 0.00 0.00 0.00 4,051.91 0.00 0.00 2,042.00 3,638.91 1,351.71 0.00 0.00 1 09/07/07 FZABWARR FUND 310002 315 316 316001 317 37005 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 630 665 677 678 693 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #49- 01-SEP-2007 TO 07-SEP-2007 FUND SUMMARY TITLE Impact Fees-Parks County Building Fund County Capital Transportation Capital County Capital-St Revenue Share Bnd Navajo Avenue So MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Uti 1 Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Tax Deed'Overbid Agency Fund SLC Art in Public Places Trust Fund Lost Tree Estates Fund Anita Street MSBU Fund , Timberlake Estates MSBU Ideal Holding Road MSBU Westglen MSBU Bank Fund GRAND TOTAL: EXPENSES 4,972.50 11,470.06 439.00 7,305.72 384,242.70 1,508.77 54,951.22 43,712.11 135,665.02 33.22 123,032.08 125,240.06 94.45 99.19 24,418.52 7,097.84 376,271.96 9,952.09 1,888.70 665.00 6,119.04 1,500.00 2,061.10 2,628.69 11,057.75 7,316.23 10,861.53 345,599.34 4,036,982.26 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 68,649.51 22,893.51 17,381.20 3,309.75 36,945.05 30,730.82 12,718.50 14,928.30 56,407.57 5,920.80 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,446,247.74 2 Conservation Easement to the South Florida Water Management District and authorized the Chairman to sign the document, subject to approval by the Federal Aviation Administration. D. Resolution No, 07-213- Proclaiming the Fourth Monday in September,2007 as "Family Day- A Day To Eat Dinner With Your Children" in S1. Lucie County Florida- The Board approved Resolution No, 07-213. 3. HUMAN RESOURCES A. Property Damage Releases- Water Intrusion Due to Roof Leak, Momingside Library & Sheriff Office Administration- The Board signing the Property Damage Release, B. Prison Health Services Inmate Health Aggregate Cap & Psychotropic Drug Invoices- The Board approved payment of PHS invoices in the amount of$265,597.94. 4, PARKS AND RECREATION A. Hennis Construction (C06-12-780) Elks Park Renovation Project Change Order No. 02 and approval of Budget Amendment # 07-078- The Board approved Change Order No.2 in the a mount of $4,838,06 and Budget Amendment # 07-078. B. Fairgrounds ADA Accessibility Renovations/South Florida Concrete Services BA# 07-080- The Board approved for South Florida Concrete to install an additional 474 square feet of concrete at a cost of $1,730.1 0 for completion of the Fairgrounds ADA sidewalks and approved Budget Amendment No. 07-080, C. Request for approval to serve alcohol at Maravilla Park- The Board approved Debbie Kelley's request to serve alcohol at Maravilla Park on September 22, 2007 during the Birthday Party she is hosting. D, Request for approval to serve alcohol at the Indrio School House Facility/Park- The Board approved Daniel Charon's request to serve alcohol at the Indrio School House Facility Park during a benefit on September 15,2007. E. Approval for Contract Termination /Fee Ft. Pierce Fire Inc., (C05-1O- 483)- he Board approved for the County Attorney to draft a termination notice for Facilities Use Agreement (C05-10-483) F1. Pierce Fire, Inc., (the League). F. Approval of Salt Monitoring Wells Project/Fairwinds Golf Course/Approve Budget Amendment # 07-081 Approve Capital Improvement Project 07-105.- The Board approved Capital Improvement Project CIP 07-105, installation of two salt water monitoring wells at Fairwinds Golf Course as required by South Florida Water Management District Water Use Permit No. 56-01 026W item #'s 23 and 24 and approved Huss Drilling to install two salt water monitoring wells at a cost of $12,800.00 for installation and an additional $200.00 for miscellaneous items that may be associated with the project and approved Budget Amendment 07-081. G. Port S1. Lucie Fall Festival- Request to waive rental fees at Tradition Field- The Board approved waiving rental fees at Tradition Field and hold the Port S1. Lucie Fall Festival in the parking lot October 24-28,2007 as requested by the Chairman. 4 H. Approve Purchase/Automatic Floor Scrubber/Fairgrounds EQ07-360/BA 07-082- The Board approved the purchase of a Saber Cutter Automatic Scrubber from Southern Janitor Supply, Inc. at a cost of $5,820,85 the Board also approved Equipment Request # 07-360 and BA 07-082. 5. PUBLIC WORKS A. Taylor Creek Phase 1 Dredging Project Tumma Removal- The Board approved extending the contract time to complete the Taylor Creek Phase 1 Project, accepted the Taylor Creek Phase 1 Dredging Project Tumma Removal; and final payment and release of retainage in the amount of $147,247.00 and make final payment to Sheltra & Son Construction Inc. Contract # 07-03-208. B. Request BOCC approve the revised rates for Taylor Engineering for Port Service Contract- The Board approved the rate revision for Taylor Engineering Port Services Contract. C. Request Board approval for Work Authorization No.6 with Vanus Inc., for Traffic Impact Study and review of Traffic analysis for Glades cut off Road from the Western Annexation DRl's Continuing Consultant Services for Traffic Impact Studies in the amount not to exceed $15,000 and authorize the Chainnan to sign- the Board approved Work Authorization No.6 with Vanus, lnc, in an amount not to exceed $15,000 and authorized he Chainnan to sign. 6. PURCHASING A. Board approval of the # 1 ranked from Request for Qualifications # 07- 073, Tourism Advertising Services and pennission to negotiate a contract with the # 1 ranked finn Blair Advertising (Ft. Pierce, Fla.) - The Board approved negotiating a contract with the # 1 ranked finn Blair Advertising and if negotiations are successful, authorized the Chainnan to sign the contract as prepared by the County Attorney. B. Board approve to advertise a RFP for the purchase of Media Services for the St. Lucie County Fairgrounds - The Board approved advertising for a RFP for Media Services for the Fairgrounds. C. Board approval to advertise an Invitation to Bid for the purchase of hurricane shutters for various County buildings- The Board approved advertising the Invitation to Bid for hurricane shutters, D. First Amendment to contract # C07-04-195 with Dooley Mack Constructors of South Florida, LLC for construction of the Special Needs Shelter Auditorium- The Board approved the First Amendment to contact # C07-04-195 and authorized the Chainnan to sign the amendment as prepared by the County Attorney. 7, COURT ADMINISTRATION Court Administration request pennission from St. Lucie County BOCC to apply for a Florida Department of Juvenile Justice "Juvenile Justice and Delinquency Prevention Safe Schools and Students Program Fiscal Year 2007-2008 grant. - The Board approved the submission of the grant and act as the fiscal agent if Court Administration is awarded the grant. 8, MANAGEMENT AND BUDGET A. Request to approve Budget Resolution No. 07-260- The Board approved Budget Resolution No. 07-260. 5 B. Adopt Resolution No. 07-267 to correct the fund number of the Hurricane Recovery Plan- The Board adopted Budget Resolution No. 07-267 to correct the error in the fund number for the Hurricane Housing Recovery Plan retroactive to 10/1/06. This would bring us into compliance with grant requirements. C. Request approval to apply the general fund subsidy to the Airport toward lease payments for the Golf Course - The Board approved applying the general fund subsidy to the Airport toward lease payments for the Golf Course. This would result in moving Golf Course's liability from the airport fund to the general fund. 9. AIRPORT A. Request for approval of the LPA Group Inc., Work Authorization No.5 for consultant Services for the Gopher Tortoise Relocation Area Conservation Management Plan at the St. Lucie County International Airport for a lump sum of$63,975.- The Board approved Work Authorization No.5 for a lump sum amount of $63,975 and authorized the Chair or designee to execute same, B. Request for approval ofthe First Amendment to the Kimley Horn Work Authorization No. 26 for consultant services for Relocation of the existing drainage ditch in the fixed base operator development area at the St. Lucie county International Airport increasing the total amount by $43,010.00 for a new lump sum amount of $20 1,150.- The Board approved the First Amendment to the Kimley Horn Work Authorization No. 26, C. Request for approval for First Amendment to the Kimley Horn Work Authorization No. 25 for Construction Phase Services for the Airport Rescue Fire Fighting Facility to extend the time for completion to March 1,2008 at no charge in cost - The Board approved the First Amendment to the Kimley Horn Work Authorization No. 25 extending the completion to March 1, 2008 at no charge. 10. PUBLIC SAFETY Request to accept Modification # 1 to Agreement C07 -02-053 Treasure Coast Regional Planning Council extension date- The Board approved Modification # 1 to Agreement # C07-02-053, Treasure Coast Regional Planning Council Agreement. 11, UTILITIES A. Approval of Change Order No.1 with Johnson-Davis Inc. for construction services related to the South Hutchinson Island SR A-I-A Utility Relocation to increase the contract in the amount of $73,520.00 - The Board approved Change Order No.1. B, Staff requests approval of Work Authorization with Camp Dresser and McKee Inc., for engineering services to review and evaluate the Utilities property near the SLC airport, the Betsey H, Kaplan Parcel and provide a siting analysis for the planned North County Regional Water and Wastewater Treatment Facilities in an amount not to exceed $68,120.00.- The Board approved the Work Authorization with Camp, Dresser and McKee, 12. COMMUNITY SERVICES A. Approval to renew contract with INTACT, the long term recovery organization, to fund positions for case management and program management assistance for INTACT, to purchase computers, and 6 equipment /furniture for these positions, and to have the Chair or designated representative sign necessary documents- The Board approved renewing the contract with INTACT for $135,000 to receive grant funds to provide program management and case management services and authorized the Chaitman or designee to sign all necessary documents and approved the purchase of computers and equipment for staff in these positions and to maintain staff in the approved positions. B. Authorize Chairman of the BOCC to sign grant application to submit a $4,221,157.79 funding request to Florida Department of Community Affairs Disaster Recovery Initiative for funds to assist with various eligible CDBG Housing Activities such as new construction, rehabilitation and replacement and allow St. Lucie County to enter into an interlocal agreement with the Cities ofFt. Pierce and Port St. Lucie to allow St. Lucie County to fund activities within the incorporated cities. - The Board authorized the Chairman to sign the grant application to submit a $4,221,157.79 funding request to the Florida Department of Community Affairs Disaster Recovery Initiative and authorized the Chairman to sign any necessary documents if successful. 13. GROWTH MANAGEMENT Consider Resolution No. 07-243 Amending Resolution No. 05-154 with a scrivener error to include the Change in Zoning from AG-1 and RC to the PUD Zoning District (Creekside PUD) for the project known as Creekside.- The Board adopted Resolution No. 07-243 amending Resolution No., 05-154 and authorizing the Director of Growth Management to amend the Official County Zoning Map from AG-l and RC zoning district to PUD (planned Unit Development District). ADDITIONS RA-l COUNTY ATTORNEY Chuck's Seafood Restaurant Inc,- This item was pulled in order to receive more comments from the City of Ft. Pierce on this issue. REGULAR AGENDA 5A COUNTY ATTORNEY (1:01:01) Ordinance No. 07-046- Deletion of Section 1-2-2 of the St. Lucie County Code which imposed a local option fee for 911 Services- Consider staff recommendation to approve Ordinance No 07-046. It was moved by Com. Coward, seconded by Com. Grande, to approve Ordinance No. 07-046, and; upon roll call, motion carried unanimously. 5.B COUNTY ATTORNEY (1:10:11) Ordinance No. 07-047- Amending Section 1-7-8 to provide that the additional court cost of sixty five dollars and the additional court cost for teen court of three dollars would be imposed against every person who is adjudicated delinquent for a delinquent act- Consider staff recommendation to approve Ordinance No, 07-047. It was moved by Com, Grande, seconded by Com, Lewis, to approve Ordinance No. 07- 047, and; upon roll call, motion carried unanimously. 7 5.C PUBLIC WORKS Solid Waste Final Assessment Resolution No. 07-259- Public Hearing - Consider staff recommendation to adopt Resolution No. 07-259 approving the Solid Waste Final Assessment.. It was moved by Com. Grande, seconded by Com. Smith to approve Resolution No. 07- 259, and; upon roll call, motion carried unanimously. 6. GROWTH MANAGEMENT (1:14:31) Rural Land Stewardship Update. The Assistant County Administrator gave an update on this program and mainly touched on the amount of staff time being spent on this program. It was recommended that this issue be discussed at one ofthe Board's infonnal meetings. Com. Craft stated the development team had expressed concerns about the cost of the staff time. The Assistant County Administrator advised the Board she was not prepared to dedicate the level of staff time as they did in the past. She cannot commit them or have staff devote 80% of their time to one initiative; Com, Grande questioned if they were currently carefully tracking staff time, The Assistant County Administrator stated she was however it would be difficult to account the hours spent by staff in the past few years on this project. Com. Coward stated this was an issue discussed previously where the developers would pay for staff time dedicated to the projects. Com, Lewis stated she would like to see the overall fee schedule and how they are being applied, The Assistant County Administrator advised the Board they would place this issue on the agenda and advise the Board at which meeting this would be discussed. Mr. Cox, representing landowners stated the amount of staff time incurred to date is less than the fees paid to the county by the developers. The Assistant County Administrator stated she did not wish to get into a debate on this issue, however she did reiterate it was difficult to know exactly how much staff time had been spent in the previous years. No action necessary, staff was directed to schedule this topic for discussion at an upcoming infonnal meeting. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of the Circuit Court 8 AGENDA REOUEST ITEM NO. 5.A Date: September 18, 2007 Regular [ ] Public Hearing [X] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney Diana Lewis Airport Director SUBJECT: Ordinance No. 07-051 - Amending Chapter 1-2,3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the S1. Lucie County International Airport BACKGROUND: See c.A. No. 07-1557 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board approve proposed Ordinance No. 07-051 as drafted, COMMISSION ACTION: [ ] APPROVED [] DENIED T>è OTHER: SA Pulled prior to the meeting, ð91 County Attorney: r -'-". ~".. ,') . ." .... Originating Dept.: /.~~--'--'~) Coordination/Si!watu res Mgt. & Budget: Purchasing: Other: Other: Finance (Check for Copy ouly, ifapplicable): INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney c.A. NO: 07-1557 DATE: September 5, 2007 SUBJECT: Ordinance No. 07-051 - Amending Chapter 1-2.3 (Airports and Aircraft) by adopting Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 07-051 which would amend Chapter 1-2.3 (Airports and Aircraft) by Primary Guiding Documents, Airport Rules and Regulations, and General Aviation Minimum Standards for the St. Lucie County International Airport, The proposed documents were drafted by Aviation Management Consulting, Corp, which was retained by the Airport for that purpose. The Airport staff and the consultant have held several meetings with the Airport tenants and users to discuss the proposed regulations and have attempted to incorporate their concerns into the ordinance. An additional meeting with the tenants was held on September 12,2007, The consultant will be present at the public hearing on September 18, 2007 to make a presentation regarding the regulations and address any questions, A copy of the proposed ordinance is attached to tills memorandum. RECOMMENDA nON/CONCLUSION: Staff recommends that the Board approve proposed Ordinance No, 07-051 as drafted. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Airport Director ORDINANCE NO. 07-051 AN ORDINANCE AMENDING CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1- 2.3-1 (DEFINITIONS) TO INCLUDE ADDITIONAL DEFINITIONS; DELETING ARTICLE II (REGULATION OF VEHICULAR TRAFFIC AND PARKING) AND CREATING ARTICLE II (PRIMARY GUIDING DOCllMENTS); CREATING ARTICLE III (RULES AND REGULATIONS); AND CREATING ARTICLE IV (GENERAL AVIATION MINIMUM STANDARDS) TO REGULATE THE OPERATIONS AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; PROVIDING FOR CONFUCTING PROVISIONS; PROVIDING SEVERABIUTY AND APPUCABIUTY; PROVIDING FlUNG WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING ADOPTION; AND PROVIDING CODIFICA TION. WHEREAS, St. Lucie County owns and operates the St. Lucie County International Airport (the "Airport"); and, WHEREAS, Chapter 1-2.2 (Airport and Aircraft) of the St. Lucie County Code of Ordinances and Compiled Laws provides for the regulation of operations at the Airport; and, WHEREAS, on this _ day of , 2007, at a duly advertised public hearing, the Board determined that it is necessary and in the public interest to amend Chapter 1-2.2 by amending Chapter 1-2.2 to adopt rules and regulations governing the operation of aircraft and motor vehicles at the Airport in order to provide for a safer and more efficient airport for users of the Airport, NOW. THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-2.3-1 (DEFINITIONS) OF CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Str~d( t"rð~g" passages are deleted. Underlined Dassaqes are added. Section 1-2.3-1 (Definitions) of Chapter 1-2,3 of the St, Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1- 2.3 -1. Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter the most reasonable application. Words not specifically defined below which relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry: Abandon means to forsake, desert, give up and surrender one's claim or right, Abandoned, as applied to Property. other than Aircraft or Vehicles. left at the Airport. means that it has been left on the Airport for 48 hours without the owner moving or claiming it, ACmeans Advisory Circular issued by the FAA to help explain the intent of a federal regulation, to provide guidance and information to the aviation public in a designated subject area. or to show an acceptable method for complying with a related federal regulation, ACCIdent means a collision or other contact between any part of an Aircraft, Vehicle, person, stationary object and/or other thing which results in Property damage, personal in iury, or death: or an entry into or emergence from a moving Aircraft or Vehicle by a person which results in personal injury or death to such person or some other person or which results in Property damage, Aeronautical Activity (or "Aeronautical Activities" or "Activitv" or "Activities")means any activity or service that involves, makes possible, facilitates. is related to, assists in. or is required for the operation of Aircraft or another Aeronautical Activity. or which contributes to or is required for the safety of such operations. The following Activities. without limitation, which are commonly conducted on airports, are considered Aeronautical Activities within this definition: Aircraft charter, pilot training, Aircraft rental. sightseeing. aerial photography. aerial spraying and agricultural aviation services, aerial advertising. aerial surveying, air carrier operations (passenger and cargo), Aircraft sales and service sale of aviation fuel and oil, Aircraft Maintenance, sale of Aircraft parts. and any other Activities which, because of their direct relationship to the operation of Aircraft or the Airport. can appropriately be regarded as an Aeronautical Activity, For the purposes of the Primary Guiding Documents, all products and services described herein are deemed to be "Aeronautical Activities". gtr~el( tl.l e~! k passages are deleted. 2 Underlined passaQes are added. Agencv means any federal. state. or local governmental entity, unit. agency, organization. or authority. Agreement means a written contract. executed by both parties. and enforceable by law between the County and an entity granting a concession. transferring rights or interest in land and/or Improvements, and/or otherwise authorizing and/or prohibiting the conduct of certain Activities, Such Agreement will recite the terms and conditions under which the Activity will be conducted at the Airport including. but not limited to. term of the Agreement; rents, fees. and charges to be paid by the entity; and the rights and obligations of the respective parties. Aircraft means any contrivance now known or hereafter invented, which is used or designed for navigation of or flight in air or space, except a parachute or other contrivance designed for such navigation but used primarily as ð safety device equipment. This includes. but is not limited to, airplanes, airships. balloons, dirigibles. rockets. helicopters. gliders. gyrocopters. ground-effect machines, sailplanes amphibians. and seaplanes, Aircraft Design Group means a grouping of Aircraft based upon wingspan. The groups are as follows: Group I: Up to but not includin9 49 feet. Group II: 49 feet up to but not including 79 feet Group III: 79 feet up to but not including 118 feet Aircraft Line Maintenance means Aircraft Maintenance typically required to return an Aircraft to service within a short period of time, Examples include, but are not limited to: replenishin9 lubricants, fluids. nitrogen. and oxygen; servicing of landing gear tires and struts; lubricating aircraft components; and avionics/instrument removal and/or replacement. Aircraft Maintenance means the repair. maintenance, alteration. calibration, adjustment. preservation. or inspection of Aircraft airframe, power plant, propeller. and accessories (including the replacement of parts) as described in 14 CFR Part 43. Aircraft Operator means a person who uses, causes to be used. or authorizes to be used an Aircraft, with or without the right of legal control (as owner. lessee. or otherwise), for the purpose of air navigation including the piloting of Aircraft or on any part of the surface of the Airport, Airframe and Power plant Mechanic (or "A & P Mechanic") means a person who holds an Aircraft mechanic certificate with both the airframe and power plant ratings. This certification is issued by the FAA under the provisions of 14 CFR Part 65. Airport means ol'lY oirl"0rt oWl'led and operated by the coul'lty I"0rt al,d airl"0rt outhorit'f, os !'\Ow existil'lg or os the same mot' hereafter be developed the St. Lucie County 5tr~eI( thrs~! h passages are deleted. 3 Underlined passaQes are added. International Airport and all land improvements, and appurtenances within the legal boundaries of the Airport as it now exists on the Airport Layout Plan (or Exhibit A of the most recent FAA grant and sponsor assurances) and as it may hereinafter be extended, enlarged. or modified. AirtJort Assurances means those contractual obligations that are described by law in 49 U,S.C. § 47107 and are undertaken by a public airport sponsor as a condition of receiptof federal airport development grants or federal surplus property, AirtJort Director means the individual charged with the duty to manage. supervise. control, and protect the Airport or such other employee of the Airport as the Airport Director may from time to time designate to carry out the duties of the Airport Director, AirtJort Identification Badge ("Badge ") means a badge or similar device allowing access to certain parts of the Airport. AirtJort Lavout Plan (or "ALr) means the currently approved drawing depicting the physical layout of the Airport and identifying the location and configuration of current and proposed runways, Taxiways, buildings. roadways. utilities. navaids, etc. AirtJort OtJerations Area (or "AOA ") means the geographic location that includes Aircraft Movement Areas, Aircraft parking areas (Aprons), loading ramps safety areas and any ad ¡acent areas (such as general aviation areas) that are not separated by adequate security systems, measures. or procedures. Air Traffic Control (or "A TC") means a service operated by appropriate authority to promote the safe. orderly, and expeditious flow of Aircraft in the air and movement on the ground, Applicantmeans an entity desiring to use land and/or Improvements at the Airport to engage in Aeronautical Activities and who shall apply in writing and in the manner or form prescribed herein for authorization to engage in such Activities at the Airport, AtJron means those paved areas of the Airport within the AOA designated for the loading or unloading of passengers, servicing or parking of Aircraft. Association means an entity legally formed and recognized under the laws of the State of Florida having an existence separate and apart from its members or shareholders (i,e. Limited Liability Company Corporation Partnership, Limited Partnership. etc,). Avgas means aviation gasoline. Str~eh tllre~gll passages are deleted. 4 Underlined passaQes are added. Based Aircraft means any Aircraft utilizing the airport as a base of operation (other than occasional transient purposes) and is registered at the airport with an assigned tie-down or hangar space on the Airport or adjoining property which has direct Taxiway access to the Airport. Board or BOCCmeans the board of county commissioners of +-he St, Lucie County. Certificates of Insurance means a certificate provided by and executed by an Operator's insurance company evidencing the insurance coverages and limits of the Operator. CFR means the Code of Federal Regulations, as may be amended from time to time, Commercial means an Activity with the intent to generate and/or secure earnings, income, compensation (including exchange or barter of goods and services). and/or profit, whether or not such objectives are accomplished. Compensation means any form of reimbursement for goods or services such as, but not limited to. monetary, barter favors gratuity. Contiguous Land means land that is sharing an edge or boundary or is separated by no more than a Taxilane or Taxiway, Control tower means an air traffic control tower located at the airport. County means St. Lucie County, a political subdivision of the State of Florida, Curbside means the curb and those lanes designated by the director for loading and unloading adjacent to the terminal building area at the airport, Current means all rents, fees. and other charges (required to be paid under any and all Agreements) are paid, Department of TransPortation (or "DOT") means the Cabinet department of the United States government concerned with transport. It is administered by the United States Secretary of Transportation. Derelict means deserted (abandoned) by an owner and/or in dilapidated condition, This does not include Aircraft under the care. custody. and control of a Commercial Aeronautical Operator for the purpose of refurbishment or repair. Development Guidelines means the parameters governing the design construction, and/or modification of Operator or Lessee facilities at the Airport, as may be adopted or amended from time to time, DÙ'ì~cfðr mearls the þort al'ld airþort director aþpointed by the authority, or his duly ðl:Jthorized reþresentative. Stp~eI< tkrð~gk passages are deleted. 5 Underlined passaQes are added. Emergency Vehicle means a vehicle of the police or fire department. ambulance or any Vehicle conveying an Airport official or Airport employee in response to an official emergency call. EmIJloyee(s) means any individual employed by an entity where by said entity collects and pays all associated taxes on behalf of Employee (j,e.. social security and medicare), The determination of status between "employee" and "contractor" shall be made according to then current IRS standards. EqUlDmentmeans portable units or \>'enicles, otRer tRan tRose cOI'\'ll'l"IOnl'f classified as ¡'\'Iotor veRicles, wRicn exist at an airport or are utilized in conjunction witn tne operation of aircraft or an airport facilit'y' all property and machinery, together with the necessary supplies, tools, and apparatus necessary for the proper conduct of the Activity being performed. Exclusive Right means a power. privilege, or other right excluding or preventing another from enjoying or exercising a like power, privilege. or right, An exclusive right may be conferred either bv express Agreement, by imposition of unreasonable standards or requirements, or by any other means, Such a right conferred on one or more parties, but excluding others from enjoying or exercising a similar right or rights. would be an exclusive right, An exclusive right to conduct an Aeronautical Activity. which is forbidden by federal regulation. is distinguished from an exclusive right to occupy real estate. which is permitted by federal regulation under certain conditions. Federal Aviation Administration (or "FAA ") means the Agency within the Department of Transportation of the United States government that has the responsibility of promoting safety in the air. by both regulation and education. Fire District means the St. Lucie County Fire District and its fire fighting personnel who are responsible for fire fighting at the Airport, Fixed Base OIJerator (or "FBO") means a Commercial Operator engaged in the sale and/or subleasing of products. services, and facilities to Aircraft Operators including, at a minimum, the following Activities at the Airport: A. Sale of aviation Fuels and lubricants (Jet Fuel. Avgas. and Aircraft lubricants) B. Passenger. crew. and Aircraft ground services. support. and amenities C. Aircraft Maintenance D, Tiedown. hangar, and Aircraft Parking Flight Training means any use of an Aircraft to increase or maintain pilot or crewmember proficiency rather than the use of an Aircraft as transportation between two Str~d( tkre~gk passages are deleted. 6 Underlined passaQes are added. different Airports or other destinations. Flight Training shall also include any portion of a flight between two Airports or other destinations dedicated to increase or maintain pilot or crewmember proficiency. Fuel means any substance (solid, liquid, or gaseous) used to operate any engine in Aircraft. Vehicles, or equipment, Fuel Handling means the transporting, delivering, fueling, or draining of Fuel or Fuel waste products. General A vÙ1t,on means all aviation with exception of air carriers (including cargo) and government, General Aviation Aircraft are utilized for Commercial and non-commercial purposes including business, corporate. recreational/pleasure, charter/air taxi, industrial/special purpose, and instructional. General ProvisIons means provisions common to all Primary Guiding Documents. Hazardous Materials (or Hazardous Waste) means a substance or combination of substances which because of its quantity, concentration or physical. chemical or infectious characteristics. may either (1) cause, or significantly contribute to. an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness; or (2) pose a substantial present or potential hazard to human health or environment when improperly treated stored. transported. disposed of or otherwise managed, ImDrovements means all buildings, structures, additions. and facilities including pavement, concrete, fencing, and landscaping constructed, installed. or placed on, under, or above any land on the Airport, Jet Fuel means fuel common Iv utilized in Turboprop and Turbojet Aircraft, Law Enforcement Officer means any person 'Vested ..it'" a police po',.er of arrest on the airport under law enforcement officers of any federal, state, or local government authority Agency. Leased Premises means the land and/or Improvements used exclusively under Agreement by Operator for the conduct of Operator's Activities. Lessee means an entity that has entered into an Agreement with the County to occupy, use, and/or develop land and/or Improvements and engage in Aeronautical Activities. Limousine means any motor vehicle having a seating capacity of eight (8) persons, excluding the driver, operating to and from the airport for hire in accordance with a valid motor carrier license issued by the board, but shall not include "taxicabs" or "vans" as defined in section 1-13,3-16 of the County Code of Ordinances and Compiled Laws, .5tp~eh tl'rð~9h passages are deleted. 7 Underlined PQssaQes are added. Light Aircraft means aircraft with a maximum takeoff weight of 12,500 pounds or less. Master Plan means an assembly of appropriate documents and drawings covering the development of the Airport from a physical. economical. social. and political jurisdictional perspective and adopted by the Airport. a copy of which is on file and available for inspection in the Airport Director's office, and any amendments. modifications. revisions, or substitutions thereof. The Airport Layout Plan (ALP) is a part of the Master Plan. Minimum Standards means those qualifications. standards, and criteria set forth as the minimum requirements to be met as a condition for the right to engage in Activities at the Airport. as they may be amended from time to time. Motor vehicle means a device in, upon, or by which a person or property may be propelled, moved, or drawn upon land or water, except a device moved by human or animal power, aircraft or devices moved exclusively upon stationary rails or tracks, and "equipment" as defined in subsection 1 2,3 1(11'1) this section. Movement Area means the runways, Taxiways, and other areas of the Airport which are utilized for taxiing/hover taxiing. air taxiing. takeoff. and landing of Aircraft. exclusive of loading ramps and parking areaS. Specific approval for entry onto the movement area must be obtained from A TC, National Fire Protection Association (or ''NFPA ")means all codes, standards. rules. and regulations contained in the Standards of the National Fire Protection Association, as may be amended from time to time. and are incorporated herein by reference. Non-Commercial means not for the purpose of securing earnings. income, compensation (including exchange of service). and/or profit. Non-Commercial ODerator means an entity that either owns or leases and operates Aircraft for personal or recreational purposes. In the case of a business. the operation of Aircraft must be an ancillary Activity to support the business's purposes by providing transportation for the exclusive use of its employees agents. and/or customers. In all cases the Non-Commercial Operator neither offers nor engages in Commercial Aeronautical Activities, Non-Movement Area means those areas of the Airport where Aircraft taxi, or are towed or pushed without radio contact with A TC or with other Aircraft. These areas are usually confined to those immediately adjacent to hangars, shops, terminal buildings and other structures, Non-Movement Areas are usually defined as part of the same formal agreement referenced herein under Movement Areas, Str~e\( tkr8~gl. passages are deleted. 8 Underlined IJOssaqes are added. Operator (as used in Lease/Rates and Charges Policy and Minimum Standards) means an entity that has entered into an Agreement with the County or an approved Sublease for office, shop, hangar, or land to engage in Commercial Aeronautical Activities. Owner means the registered legal owner of an Aircraft according to the records of the FAA or a Vehicle accordin9 to the Department of Motor Vehicle records. Park(ing) means the standing of an Aircraft or Vehicle, whether occupied or not, other than for the purpose of, and while, engaging in loading or unloading of Property and/or passengers, Paved to lay or cover with asphalt or concrete that forms a firm level surface, Permission A right or approval granted by the Airport Director, Piston Aircraft, An Aircraft that utilizes a reciprocating engine for propulsion. Primary GUIding Documents, a compilation of policy documents of the County, as may be adopted or amended from time to time including General Provisions. Lease/Rates and Charges Policy, Minimum Standards. Rules and Regulations and Development Guidelines. Private Vehicle, Any Vehicle operated for transportation of persons or baggage that are not customers of the Vehicle Operator. and no revenue is being derived from the transportation either directly or indirectly. Property. anything that is owned by an entity. Property is divided into two types: "real property." which is any interest in land. real estate. growing plants or the Improvements on it. and "personal property". which is everything else, Public Area, those areas of the Airport open for public thoroughfare. gathering, waiting and/or viewing, and in which access is not restricted by federal and Airport regulations, Readily Available. Conveniently located (in close proximity) and accessible, but not necessarily located on the Leased Premises, Refueling Vehicle. Any Vehicle used for the transporting, handling or dispensing of Fuels, oils. and lubricants, Regulatory Measures. Federal. state, county. local and Airport. laws, codes. ordinances. policies rules. and regulations, including, without limitation those of the United States Department of Transportation, the FAA, TSA EPA, EPCRA, and the Primary Guiding Documents; all as may be in existence. hereafter enacted. and amended from time to time. Str~el( t~Pð~91. passages are deleted. 9 Underlined P<1ssaQes are added. ..~ ,; Repair Station A certificated Aircraft Maintenance facility approved by the FAA to perform specific maintenance functions. These facilities are certificated under 14 CFR Part 145. Rules and Regulations Rules and Regulations of the Airport, properly adopted by Resolution of the St. Lucie Board of County Commissioners, as may be adopted or amended from time to time. Runup Aircraft engine operation above normal idle power for purposes other than initiating taxi or takeoff. Self-Fueling. The fueling of an Aircraft by the Owner of the Aircraft. or the Owner's Employee, using the Owner's Equipment. Self Servicing. Any person who dispenses Fuel into an Aircraft using a commercial self-service Aircraft fueling station to their own fueling apparatus, Sheriffs Department. Agency and law enforcement officers having jurisdiction (responsibility) over those portions of the Airport located within the County, As such. the terms" Sheriff's Department" and "Law Enforcement Officer" are used interchangeably. SPCC Plan, Spill Prevention, Control. and Countermeasures Plan. Specialized Aviation Service Operator (or "SASO"J, A Commercial Operator that provides anyone or a combination of the following Activities: Aircraft Maintenance, avionics or instrument maintenance Aircraft rental or flight training. Aircraft charter or Aircraft management, Aircraft sales, and other Commercial Aeronautical Activities, Standard Operatinp Procedures (or "SOrJ. Written instructions, which describe procedures designed to work toward maintaining an environment. Sublease, An agreement entered into by an entity with an Operator or Lessee that transfers rights or interests in the Operator's or Lessee's Leased Premises and is enforceable by law. Sublessee. An entity that has entered into a sublease with an Operator or Lessee who is authorized to engage in Commercial Aeronautical Activities at the Airport. Storm Water Pollution Prevention Plan (or "SWPPP"J The Storm Water Pollution Prevention Plan for the Airport, as may be amended from time to time, Taxl'lane. The portion of the Aircraft parking area used for access between Taxiways and Aprons and not under A TC control. Str~eh tl.re~gh passages are deleted. 10 Underlined passaQes are added. Taxiwav, A defined path. usually paved, over which Aircraft can taxi from one part of an airport to another (excluding the runway) and may be under A TC control. Tiedown. An area Paved or unpaved suitable for parking and mooring of Aircraft wherein suitable Tiedown points and equipment (to facilitate Aircraft tiedown) are located. Touch-and-Go. The act of landing an Aircraft on a runway and immediately taking off in the same direction on that runway instead of landing and coming to a full stop on the runway before proceeding on a Taxiway to a parking location or to another runway. TransientParkinp. The parking of Aircraft not normally based at the Airport in an area specifically set aside by the FBO for this purpose, TSA. Transportation Security Administration. Turboiet Aircraft. An Aircraft that utilizes one or more jet engines that have a turbine driven compressor and develop thrust from the exhaust of hot gases, TurboDroD Aircraft. An Aircraft that utilizes a gas turbine engine to drive a set of reduction gears. which, in turn, drives a propeller for propulsion. Ultralight Vehicle. Any contrivance used or intended to be used for manned operation in the air by a single occupant; does not have any U.S. or foreign airworthiness certificate; and if unpowered, weighs less than 155 pounds; or if powered. weighs less than 254 pounds empty weight. excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation; has a Fuel capacity not exceeding 5 U.S. gallons; is not capable of more than 55 knots calibrated airspeed at full power in level flight; and has a power-off stall speed which does not exceed 24 knots calibrated airspeed. Vehicle. Any device that is capable of moving itself ,or being moved, from place to place upon wheels: but does not include any device designed to be moved by human muscular power or designed to move primarily through the air. Vehicle ODerator. Any person who is in actual physical control of a Vehicle. Vehicle Permit. A permanent sticker affixed to the rear bumper of a Vehicle authorizing access to the Movement Areas of the Airport. PART B. AMENDMENT OF ARTICLE II (REGULATION OF VEHICULAR TRAFFIC AND PARKING) OF CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Article II (Regulation of Vehicular Traffic and Parking) of Chapter 1-2.3 of the Stf~eh thl o~9h passages are deleted. 11 Underlined passaQes are added. St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: ARTICLE II. REGULATIm~S OF '/EHICULAR TRAFFIC AND PARKING PRIMARY GUIDING DOCUMENTS Section 1 2.3 17. In general. ,v,otor v~hicles operated 61'1 the public roadway and parkil'lg lots of the airport shall be governed by the traffic ordinances of the COUl'lty and applicable state v~hicle laws, and in additiol'l thereto, no persol'l shall operate al'lY motor vehicle 01'1 tke airport except il'l accordal'lce v..ith the rules a¡,d regulatiol'ls prescribed il'l this article. Section 1 2.3 18. Stopping or parking prohibited. No persol'l shall stop, stand, or park a vehicle in a place other than that sp~cified for such by sigl'lor þa'.'~ment marl<ings, at tke terl'llil'\etl btlilding area or fixed base operator areas, except ·.·..hen necessar'f to ovoid conflict hith other traffic or in cðmplial'lce \I.ith the direction of a law enforcement officer, or the director or his designated represel'ltatiY~. Section 1 2.3 19. Vehicles not to obstruct traffic. Whenever a vehicle for any reason obstructs the free flow of traffic, the operator shallmo·.'e the vehicle immediately, f17 No persol'l or persons sholl \lJillfully obstrtlct the free, cOlweniel'lt al'ld normal use of any road~vay, loading area, unloadil'lg area, parl<ing aisle, crosswalk, wheelchair ramps, parking entrance or exit at the airport b'f impedil'lg, hil'lderil'lg, stiflil'lg, retardil'lg, or restrail'lil'lg traffic or passage thereon, or by el'ldangeril'lg the safe IT\o.el1\el'lt of vehicles or pedestrians traveling thereol'l. t21 The parl<ing of a vekicle shall not UStlrp al'l',. of the tn:\'ó~led portiol'l of the street. Section 1 2.3 20. Parkil'lg for certain pLJrposu prohibited. W The parking of a ·.¡ehicle shall not uSl:lrp any of the traveled portiol'l of tRe street. Section 1 2.3 20. Parking for certain purposes prohibited. W ~Jo persol'l sholl parl( or sta"d a vekicle at the airport for the purpose of: f17 Displaying of such vehicle for sale, 5tr~eh thrð~!!h passages are deleted. 12 Underlined passaQes are added. ~ Washing, greasing, or repairing such 'v'ehicle, except repairs necessitated by el'l'lergenc'ý. TI-lis subsection shall 1'101' apply to such activities puforl'l'\ed b, rental car cempanies authorized by the al:lthority to op£l"ate at the airpert. ß1 Displaying ad'v'ertising. t47 Selling merchandising from su<:h '.ehicle, t§1 Storage er as junkage er dead storage. ~ Ne persen shall engage in any commercial activit, at the airport, other than motor carrier perl'l'littees granted permits by the board, unless otherwise þeF'l'flitted br the author it';, Section 1 2.3 21. Motor ·..ehicle and operator licenses generally. ~Jo motor vehicle shall be operated upon the airþort unless: f1-1 The oþerator thereof is dl:lly licel'lsed to oþ£l"ate such vehicle 01'1 state, count~', or mUl'liciþal highways, al'ld ~ Such '..ehicle is registered il'l accordal'lce with the þro'visions ef the lem of the 5ff.ri'e: The name ef the ewner shall be affixed to the driver' al'ld passenger sides of all commercial motor vehicles while operated 01'1 the airport mo·..emel'lt area. Section 1 2.3 22. Parking for disabled persons. No þersol'l shall stop, stclI'Id, or þark a vehicle withil'l al'l'; þdrkil'lg sþace designated and l'MrI<ed for hal'ldicapped or disabled persons unless such vehicle disþlars a parldl'lg perl'flit issued þursual'lt to sectiol'l 316.1958 or 320.0846, Florida Statutes, and such vehicle is transporting a person eligible for the parl(ing permit. Section 1 2.3 23. Restricted use zones. ~Jo per'son shall el'lt£l", stop, stal'ld or park a vehicle in a restricted use zOl'le when such zone has beel'l efficiallf designated and appropriately sigl1ed. A "restricted use zene" is defined as an area where parking, standing, er stopping is reser.ed for al'l autnorized ..'enicle. Section 1 2.3 2~. Vehicle speed. (oJ No person shall oþerate any motor vehicle in excess of tVJe"ty five (25) miles per house l:Iþon any roadway, taxiway, or portion thereof of an1' area used for motor vehicle traffi<: at the airport, except as other'wise posted or directed by the air traffic control tower, Str~el( tkra~!3k passages are deleted. 13 Underlrned passaQes are added. tb1 No persol'l skall o,,~rat~ aMY motor vehicle il'l exc~ss of seveM (7) miles per hour UP0I'I BI'I) aircraft parking ar~a, aprol'l, loading or unloading, or portiol'l th~reof at an airport, or as otker..is~ directed by the air traffic control to·...er. S~ction 1 2.3 25. C~rtain vehicular traffic prohibited. W ~Jo person shall operate an)' truck, trai ¡€or, semitrai ler, truck tractor, special mobile equipmel'l't, house trailer, dump true!<, truck Iflounted shovel, crane, tral'lsit mixers or otker vehicle designated for tke trans!"ortation of pro!"erty to which machinery has beel'l attacked, 01'1 anr air!"ort roadway for the purpose of utilizing such roadw~ as a skort cut tkoroughfare between any !"oil'lts outside the boundaries of the airport, unless otherwise directed b'f a law enforcelflent officer, or pursuant to a written per/flit issued 13)' tke director, tb1 ~Jo person shall operate al'lY '.ehick 01'1 01'1 airport contrary to posted load or heigkt lilTlits. Section 1 2.3 26. Entry to airport mo'.ement area or restricted areas. tB Persol'ls wko enter il'l accordance witk securitr clearance from the coul'lty !"ort and autkoritr director, t27 Persol'ls ð:3signed duties 01'1 tke airport 11"Io"emel'lt B:rea or other restricted area bearil'lg proper idel'ltificatiol'l as approved and required il'l sectiol'l 12.3 27 kereil'l. ß1 Persons who are employees or authorized representatives of tke authority or other federal, state or local goverl'lmental departlflel'lt or agel'lc';, ka'...ing pro!"er business thereol'l al'ld bearil'lg property identification as ap!"roved and required kerein, Section 1 2.3 27. Identification card and pouch. W Tkose persons autkorized to enter the air movement area or other restricted areas at an airþort in accordance with subsectiol'l1 2.3 26(b), and (c), shall at all til'l'les, possess an official identity or entr'f permit card issued or B:p!"ro'¢ed by tke autkoritr. Identification cards shall be enclosed in a pouck issued br tke authority' and worn conspicuously 01'1 tke outer garment of the bearer, ul'lless otherwise autkorized by tke autkorit'f. tb1 In the event 01'1 idel'ltificatiol'l card or pouck issued b'ý tke autkority is damaged, lost or stole/'!, tke !"erson to wkich such card or !"ouch was issued skall gi'¢e official ~.'fittel'l I'IOtice of stick occurrel'lce to the ðutkorit r. A duplicðte card or pouck skalll'lot be released until such notice is received b'ý Str~eI( tl ,I ðugh passages are deleted. 14 Underlined passaqes are added. th~ authority, f-e) All p~rson:9 s,",all pay th~ autJolorit·ý fe~ for th~ issuance of the origil'lðl or duplicate identification cards and pouch~s, as ~stablished by resolution of the: authority, and prol"ptly return all such ide:ntification cards and þouche:s of employe:e:s v.no hav~ b~en teF'lTlinated or transfe:rred, or upon th~ reque:st of the: autnority. W No person to whom al'l approve:d identification card al'ld/ar pouc,", has be:el'l issued by th~ atltnarity for tne: purpose of e:l'ltering an airport IT\O'¡femel'lt area or the re:stricted anas of tke airport snail transfer such card or pouch to any athe:r pe:rson, Section 1 2.3 28. Authority to operate vehicular traffic on airport mO'.·ement area. W ~Jo pe:rson other tnol'l emþlo'ýees or agents ef the: authority, board, federal, state and local geverl'lmental entity tnereof snail eþerate er cause to be: operated any motor vehicle on an airport movement area, I:Il'Iless such operation is required en tne airport movement area and is directly related to ðn ð'¡fiation activity on tne airport, to the business af the atlthority or tne board, or to the business of a tenant or authorized subtel'lflnt of the authority engaged in a btlsiness activity authorized by the authority. tb1 The: autnorit l' skall e:stoblisn, in accordance: wit,", any and 011 applicabl~ ~Jatiol'ldl Fire: Prote:ctiel'l Association (NFPA) codes and standards, fue:ling proce:dures which shall be adhered to b·t all fuel trucl<s, unless etherwise directed by the air traffic centro I tawer, Section 1 2.3 29. Yielding to aircraft. /.11 11'Iðtar vehicles on the airþort movement area shall 1 ield tke: rigkt of way to aircraft in IT\otiol, under all canditien:9. This requirement shall include vehicles within de:sigl'ldted read ways on tne airport me.el1'lent area. Section 1 2,3 30, Crossing runwa'ýs and taxiwaY3, No persel'l at the airport when the: control tower is in operation shall operate a IT\otor vehicle: beyond the hold bars of an octi Ie rUI'I'liay or taxiway er closer than ene nUl'ldred fifty (150) feet from the: edge: of an active: runway, er closer tkan one hundred te:n (110) feet frolT\ the centerline of al'l active: taxivJay, or as may subse:quently be reqtlired by authority reselution, witkeut autkorization from tke control tower. ,'J,ovement across said rUl'lvJay or taxiway shall then be made expeditiously. No cre3sing snail be made by etker than e:merg~nc1 vehicles during kours tke centro I i'ðVJer is closed. StP~eI( thPÐ~9h passages are deleted. 15 Underlined passaqes are added. Section 1 2.3 31. Operctions necr aircraft. No þuse", etker tkan employee or outkerized representotive of the ol:Jtkeritr· ðr ðf any federol, state ðr lðcalgoverl'lment entit) ðr tke ðperatðr ðf an aircraft seuicing vekicle fðr tkat aircraft, skall eþerate a 11'\ðtðr vekicle on the airpðrt 11'\IWell'\ent area at an airport Sð as to poss witkin t·J.ent, (20) feet of a parl<ed aircraft ðr cðntrary to establisked vehicle ðperatiðnal prðcedures, including, but not limited to, sþecific routes or zenes marl<ed on pavel'l'\ent and regulatory signs, ÞJe pusðn skall operate a metðr vekicle betv.een an oircraft parked at tke terl'flinal building and tke termil'lðl building witkout first ascertaining tkat no þersð" is en foðt in tke area tkrðugk wkich tke .ekicle ·.",ill travel. In tke event tkat an aircraft being lðaded ðr ul'llðaded at grel:li'd levell'le vekicle skall be ðþerated between said aircraft and tke tuminal wkile passengers are enplaning ðr deplal'ling. Section 1 2.3 32. Two wa'; radio reqIJirem£nh. Tke ðþeratðr ef a ''I'\ðter vekicle requiring clearal'lCE: to ðþerate 01'1 or acress an active taxiway ðr rIJnviay at an airpðrt skall maintain direct twe way radio contact witk tke central tðwer, or in tke eve"t ðf al'l autkðrized '1'\01'01' vekicle eql:Jipped witk a two way radio in contact witk tke centre I tovier, Tkis rel: uirel1'\ent skalll'lOt aþpl}', kðwever, to operators of vekicles al:Jtkerized by tke directðr 1'13 receive preestablisked visual sig"als from tke Cðl'ltrðl tðwer, or 1'13 eperatðrs fðllðwing preestablisked special prðcedl:Jres ðf tke autkority wkick kave been appro'.ed b'f tke cðntrðl tðwer. Section 1 2.3 33. Operator's liccnse. Nð perSðl'l skall drive a motðr vekicle 131'1 tke airport mð'q'e'l'\ent area, unless suck indi',Iidual carries ðn kis persðn at all til'l'Ie a cl:Jrrentlr ...alid ðþeratðr's license for tke type of suck .'ekicle being ðþerated, issued in accðrdance witk statutes of the state. Scction 1 2.3 34. Reckless driving. Nð persðn shall ðperate a mðtðr vekicle 131'1 the airport IflO .ell'\ent area in a reckless l'I'\anner, sa as 1'13 indicate a willfl:Jl or .wantðn disregard fðr the safety of persons or prop€.rt'f. Section 1 2.3 35. Careless driving. Ne pel"Sðl'l skall ðþerote a 11'\0tðr ...ehicle 131'1 tke airpðrt mðvement area in a careless l'I'\anl'ler, .vhick is ðther thal'l il'l a careful and prudent Iflonner, ko'.ing regOrd fðr tke VJidth, grode, curves, corners, troffic and I:Jse ðf roadways, weather conditions, and all otker attendant circu'l'\stal'lces, se os 1'1131' te endelRger tke life, limb ðr prðperty or any persðn, Section 1 2.3 36. Emergency vehicles. Upon the appreod'l ef 0 skeriff, alTlbulonce, fire district, ðr ðtker emergenc'; '.ekicle giving an audible er visual signal, eack persðn operoting anotnu meter Jenicle en tne airpðrt Str~~ ¡ tkre~gh passages are deleted. 16 Underlined passaaes are added. mo'.'ement area shall il1'\l'I'Iediately' yield the rig"'t of way to such vehicle, until tne emergency 'v'enicle has stopped or passed, unless other.....ise directed by a law el'lfarcel1'\el1t officer. Section 1 2.3 37. Occupðnts of motor vehicles. ~~o þU30n 3hall, while on tne airþort, ride on the rUI"tning board of a mo...in9 motor venicle, stand up in the bod', of a moving vehicle, ride on the outside of the body of a moving l'!'Iotor vehicle, or ride 01'1 such a '.'ehicle witn nis arms or legs protrudil'g frol'" tne body of the venicle, I:Jrlles3 required 1'6 da sa in the þerfarmance of his duties, This þro.i3ion snail rIOt apply ta a tug wnich is net equiþþed hit'" a seat. Section 1 2.3 38. Parking on airport movement area. W No þer30n shall þarl< al'lY mater venicle or motarized or ather equiþment an tne airþort I'no'/ement area il'l area3 ather tkal1 those desigl'lOted as authorized by the authority nor in al'lY manner contrary to al'lY þasted regulatory signs, traffic contral de'/ices, pa'..emel'lt marl<il'lgs, etc. tb1 ~~a þer3al'l shall parl< a mater vehicle or equipment 01'1 the airþort mo ..ement area so as to interfere with the use of a facility by others or þre·.ent the passage or mavemel'lt af aircraft, emergency vehicle3 or ot"'er l'!Iotor vehicles, ~ No þersol'l 3hall parl< a l'!'Iotor vekicle or equipment 01'1 the airport l'I'\ov'elT\ent area il'l such a mal'll'ler as to il'lterfere with or þrevent an aircraft fuelil'lg vehicle from being readily dri·..el'l a.var frol'l'\ 3I:Jch aircraft in tke event of an emergenc·". Section 1 2.3 39. 'Aotor vehicle accidents. W An',. person operatil'lg a motor venicle 01'1 the airþort I",ovement area, who is involve:d il1 01'1 accidel1t resultil'lg in injury to al'l'y' per301'1 or damage to an}' proþert';, shall il'l'lITlediate:ly 31'01' such vehicles at tne sce:l'le of such accidel,ts or as close thereto as possible, l'Iotif y tke coul'lty sheriff's department or tne director, and shall then return to and remain at tne scene ef the accide:nt until ne has fulfilled the requirements of subsection 1 2,3 39(b) followil'g. Every such stoþ skall be I",ade witk tke lea3t possible obstruction of traffic, tb1 t.I'IY person oþerating a motor venicle 01'1 he airþort l1'\aVel'l'lent area, who is invo '/ed in an accident, as defined in subsection 1 2.3 39(a) abave, and the a'wmer of sue'" ·..e"'icle, if ot"'er tkal'l the aþerator thereof, shall make a full report of such accident to the nearest law enforce"'el~t officer and to the director as saon after the accident as possible, includil'lg the Mmes al'ld addresses of the individual3 il'l,ol.ed, tke registratiol"t and license number of the vehicle or vÒ,icles involved, and sucn otnu inforl'l'lation relevant to the Str~ek t¡'re~g" passages are deleted. 17 Underlined IJassaaes are added. 'i~ accident 01'1 request of any law Enfon::emel'lt officer il'lvestigatil'\g the sal'\'\e; and the operator of an) 3uch motor '/eMicle in'v'olved il1 such aceident sMail, upon reque3t, exhibit SUCM licel'lses, regi3tration3 or other docul'\'\ents relevant to such accident or the persons or property in'volved to arty officer investigating the sal1'le. Scction 1 2.3 40. Seryice and ~pair of motor vehide! on airport mo',¡ement area. W No person sMail service, dean, repair, maintail'l or o'v'erhaul any motor vehicle or 11'Iotorized or otMer equipment 01'1 tMe airport movement area; excEpt for immediate mil'limum repairs required to remove the 'Jehide frol1'l airport movement area in the evel'lt of breal<down. ~ No person shall fUEl a 11'\0tor JeMiele or motorized equipment 01'1 the airport 1,.,0 Jement arEa il'l any areaS other thal'l those established by the authority. Scction 1 2.3 41. Contractor'! aeeu! and operation! on the airport movement orea. W ACCES3 to al'ld Egre3s frol,., the site of construction located 01'1 the airport movement area by I'\'\otor 'v'ehicles, crcmes, al'ld otMer equipmel'lt belol'lging to or ul'lder the supervision of an airport cOl'ltractor sMail bE gail'led 01'11'( 'Jia routEs tMrougM gate3 al'ld at such timE3 as ITICI7 be e3tabli3hed or approved b'( thE director. Request for aCCESS to such sites shall be made to the director a minimum of twenty four (24) hours il'l ad',¡ance. ~ COl'lstructiol'l equipl'\'\e"t shall be oþeratEd and stored w.ithin tMe airþort movemel'lt area, in accordance with procedures establisMed or aþprovEd b'f resolution of the authority. Section 1 2.3 ~2. Vehide ond eql:lipment condition and !afety reql:liremenh. No persol'l shall operate a motor vehicle or equipmel'lt 01'1 tMe airport movement arEa unless SUCM vehicle ore equipment is in good operating condition and repair for a ul'lit of its type and is equipped ..itM at least tMe follo~1iing safety eql:lipment il'l fully opErable cOl'\dition; Et1 Motor '¡(eMicle ligkts, ft; All motor vehicles operated 01'1 the airport movement, except motor 'JEMiclES designEd for 01'11'7 one (1) MEadlight, snail be equipþed v.ith two (2) neadlignts and one (2) or more red taillights and bral<E lignts. Exception: to':. tugs and othEr specialized ral'\'\ps units which are standardly equipped with taillignts only. For purþoses of general guidelines, veMicles with four (4) wheels sMail require dual neadlights. Stf~el( tkfð~gk passages are deleted. 18 Underlined passaaes are added. b: All headligfÜs and taillights shall be ¡(ept lighted between the hours of sunset al'ld sl:JI'\rise al'ld at all times whel'l passil'lg through unlighted or poorl',. lighted areas, e: Any motor vehicle, other than emergency vehicles, operatil'lg on runways or taxi~1ia'fS of the airport movement area sMail display an amber overhead or rotatil19 light at all times while so operatil'lg prðvided, however, that bet~een the hOl:Jrs of sunrise an sunset a motor teMicle I'\ð so equipped may operate if such '~ehicle displays a checkered flag appro'Ý'ed by the directðr, The use of red or blue flashing ðr rotating lights shall be limited to emergency ¥ehicles only, d: All motor vehicle lights shall be of suffidel'lt brilliance to assure safety il'l driving. e: All baggage al'ld cargð carts shall be equipped ~yith reflectors or fluorescel'lt tape material, two (2) each on the front, the rear and both sides of the cart, The reflectors shall be standard truck types. If fluðrescel1t tape is used, each piece shall haa: a reflective surface of not less than fOl:Jrteen (11) sql:Jare inches, Reflectors or tape 01'1 the front and front sides shall be amber al'la on the rear and rear sides shall be red. f21 ."1,01'01" vehicle bral<es. 0:; /,11 motor vehicles operating on the airport movement area shall be equipped with a properl'" fl:Jnctionin!,! braldn!,! system, sl:Jitable for the specific type ðf eql:Jipl1'\el1t ðperated. b: The operator of a IT\otor veMicle on the airport mO'f'ement area shall test the brakes of such vehicle upon approaching al'l aircraft within such distance as necessar',. tð avoid a collision with Sl:lCM aircraft in the e'ý'ent of bral<e faill:lre. ß1 ,'1,01'01" 'v'ehicle windows and mirrors. 0:; Every motor 'tehicle operating on the airport IT\ð\lelTlent area shall be eql:lipped ·.·..ith at least ðne (1) mirror, So adjusted that the ðpuator of such vehicle snail ha'te a clear f'ie·v' of tne road benind for a distal,ce of at least two nundred (200) feet, b: The windshield and other windov..s ðf a motðr vehicle operatil'lg on the airport mO'ý'ement area snail be free of cracl<s, blisters, discoloration, Stf~e ¡ thre~gh passages are deleted. 19 Underlined passaaes are added. ;.¡.¡ or al'l'; ðt¡'~r d£f~ct cc.using distortion or o153trtlction of tn~ vision of tn~ opuator tn~r~of. e; Tn~ U3~ or placil'l9 of post~rs, stick~rs, signs or otk~r obj~cts 01'1 tk~ wil'ldski~ld or otk~r windov..s or a I"otor ·.·~kicl~ op~ratil'l9 01'1 tne airpört movemel'lt ar~a, othu tMen tkos~ r~C tlir~d by tn autnority or by stc.te and local law , is proki15ited. d: Tk~ vision of en oþ~r6tor of a motor v~kicle 01'1 tke airport mO,¢~IT\el'lt c.rea skc.lIl'lot be obstructed by fll'I ~xt~l'Ided 3up~rstrtlcture or loc.d. Section 1- 2.3 -17. Definitions. Definitions identified and defined in Section 1-2.3-1 (Definitions). whenever used in the Primary Guiding Documents. shall be construed as defined therein unless from the context a different meaning is intended. or unless a different meaning is specifically defined and more particularly ascribed to the use of such words or phrases. All defined words shall be capitalized throughout the Primary Guiding Documents Section 1-2.3-18. Governing Body The St. Lucie County International Airport (Airport) is owned and operated by the St.Lucie County (County) and governed by and through the St, Lucie County Board of County Commissioners (BOCC). The authority to grant the occupancy and use or development of Airport land or Improvements. the right to engage in any Commercial activity or Aeronautical Activity at the Airport and to approve, adopt, amend, or supplement any Agreement policy or practice relating thereto. including the Primary Guiding Documents. is expressly reserved to the BOCC. Section 1-2.3-19. Statement of Policy. {g) It is the intent of the County to: (1) plan. manage, operate. finance. and develop the Airport to ensure its long-term financial health and protect and promote the health. safety. security and general welfare of the public consistent with all applicable Regulatory Measures and (2) encourage the development and operation of General Aviation businesses and the provision of quality aviation products, services. and facilities to the public at the Airport, ÜÙ As set forth by the Federal Aviation Administration (FAA). by way of its Airport Assurances. any airport developed with federal grant assistance is required to operate for the use and benefit of the public and shall be made available to all types, kinds, and classes of Aeronautical Activity on fair and reasonable terms and without unjust discrimination. Str~e ¡ tl.1 ð~~h passages are deleted. 20 Underlined passaaes are added. Section 1-2.3-20. Airport Management. (Q) The Airport Director is responsible for the operation. management, maintenance, and security of the Airport and all County owned and operated Airport land. Improvements facilities Vehicles. and equipment. .Qù The County has authorized and directed the Airport Director to: ill Interpret. administer. and enforce Agreements and the Primary Guiding Documents and to permit. where appropriate. temporary, short-term occupancy or use of certain Airport land or Improvements; and ill Obtain and receive copies of all licenses, permits, certifications, ratings. Certificates of Insurance. and other documents required to be provided to or filed with the County under the Primary Guiding Documents. ill All official inquiries to the County regarding the Primary Guiding Documents and/or compliance therewith should be directed to the Airport Director, Section 1- 2.3 - 21. Authority to Adopt. The Primary Guiding Documents are promulgated under the authority granted bv Chapter 332, Florida Statutes, and Section 332.08 (2)(a) of the Florida Statutes, which authorizes the County to "adopt and amend all needful rules, regulations and ordinances, Section 1-2.3-22. Compliance with Regulatory Measures and Agreements. (Q) All entities occupying or using, engaging in an Aeronautical Activity on. or developing Airport land or Improvements shall comply, at the entity's expense with all applicable Regulatorv Measures including. without limitation. those of the federal. state. and local government and any other Agency having jurisdiction over the Airport, the businesses operating at the Airport, and the activities occurring at the Airport including the Department of Transportation (DOT), the FAA. the state of Florida. the County. and the Primary Guiding Documents; all as may be in effect and amended from time to time. .Qù Compliance with the Primary Guiding Documents shall not excuse any entity from full and complete compliance with any responsibility or obligation the entity may have to the County under any existing Agreement. Section 1-2.3-23. Conflicting Regulatory Measures and Agreements. gtp~el( tilPð~gil passages are deleted. 21 Underlined passaqes are added. (ill If a provision of the Primary Guidin9 Documents is found to be in conflict with any other provision of the Primary Guiding Documents, a provision of any Regulatory Measure, or a provision of an existing Agreement (if provided for in the Agreement) or future Agreement, the provision that establishes the higher or stricter standard shall prevail. 02} It is not the intent of the Primary Guiding Documents to repeal. abrogate. annul. or in any way impair or interfere with any existing provision of any Regulatory Measure except those specifically repealed by the Primary Guiding Documents, Section 1-2.3-24. Repeal of Regulatory Measures. All Airport related leasing policies, rates and charges policies. minimum standards, rules and regulations. and development guidelines previously enacted by the County and any other County ordinance or resolution in conflict with the Primary Guidin9 Documents are hereby repealed to the extent of the conflict. Section 1-2.3-25. Right to Self-Service. The Primary Guidin9 Documents will not exercise or grant any right or privilege which operates to prevent any entity operating Aircraft on the Airport from performing any services on its own Aircraft with its own Employees (including. but not limited to, maintenance. repair. and fuelin!;!) that it may choose to perform, (ill However. individual Operators may restrict the use of their exclusive Leased Premises and each Aircraft Operator must adhere to all applicable Regulatory Measures in the performance of any services on its own Aircraft, 02) Further, any entity performing services on its own Aircraft must do so in compliance with all applicable Regulatory Measures includin9 the Primary Guidin!;! Documents, Section 1-2.3-26. Prohibited Activities. Through-the-fence Operators (entities that have the right to direct access to an airport's runway and Taxiway system from private property located contiguous to the airport) are prohibited at the Airport, Section 1-2.3-27. Fines. (Q.) Entities shall have the responsibility to pay any fine or penalty levied against entity, the Airport, the County. and/or the BOCC. individuallv or collectively. and their representatives officers, officials, employees agents and volunteers gtr~e ¡ tl.ra~~1. passages are deleted. 22 Underlined passaqes are added. as a result of entity's failure to comply with any applicable Regulatory Measure. {Q) If the fine or penalty is contestable (and contested by the entity), entity shall pay the fine or penalty when upheld by the Agency having jurisdiction, Str~d( thre~gh passages are deleted. 23 Underlined passaQes are added. , Section 1-2.3-28. Subordination. The Primary Guiding Documents are subject and subordinate to the provisions of any existing or future agreements between the County and the state of Florida or the United States pertaining to the operation, management, planning, and development of the Airport and are specifically subordinated to, and to be construed as in accordance with, the Airport Assurances, Section 1-2.3-29.Notices. Requests for Approval. Applications. and Other Filings. Any notice, request for approval. application. or other filing required or permitted to be given or filed with the County and any notice or communication required or permitted to be given or filed with any Lessee, Sublessee, Operator, or Applicant pursuant to the Primary Guiding Documents shall be in writing, signed by the party giving such notice, and shall be sent by overnight courier, United States certified mail. facsimile (confirmed by dated return signature), email (confirmed by return emai ), or in person (confirmed with dated and signed receipt), and shall be deemed to have been given when delivered to the County, Lessee, Sublessee, Operator, or Applicant at their principal place of business or such other address as may have been provided to the County, Section 1- 2.3 - 30. Amendments. (g) The Primary Guiding Documents may be supplemented. amended. or modified by the BOCC from time to time and in such a manner and to such extent as is deemed appropriate by the BOCC, (Q) The SOCC may issue special rules. regulations, notices, memoranda. directives. covenants, restrictions. or conditions from time to time as is deemed appropriate or necessary. consistent with the provisions of County Code and the Primary Guiding Documents. (£) The County shall provide for public notification of pending amendments to the Primary Guiding Documents in order to provide the opportunity for public comment and input bv Operators, Lessees Sublessees. consumers. users, and the communi tv. Section 1-2.3-31. Variance or Exemption. (g) The County has the right but is not obligated, to approve variances or exemptions to the Primary Guiding Documents when a specific clause, section. or provision of the Primary Guiding Documents may not be justified in a particular case because of special conditions or unique circumstances. Str~eh t~rð~g~ passages are deleted. 24 Underlined passaaes are added. (Q) Prior to approving or denying variances or exemptions, the Airport Director shall conduct a reasonable and not un iustly discriminatory review of all relevant information to include those items described in Section 1.17.5 of these General Provisions as well as any other information requested by the Airport Director, W Approval or denial of a variance or exemption shall be reasonable and consistent with prior decisions involving similar situations at the Airport (if any) and shall be provided in writing within ninety (90) days from the receipt of the written request. (Q1 If approved, the variance or exemption shall only apply to the special conditions or unique circumstances of the particular caSe for which the variance or exemption is granted. W An approval of a variance or exemption shall not serve to amend, modify, or alter the Primary Guiding Documents, ill Requests for variance or exemption can also be denied in accordance with Section 1.2.3-31(j) of these General Provisions .(g) When a specific product, service, or facility is not currently being provided at the Airport. the County may enter into an Agreement with an fBO or SASO with terms and conditions that may be less than those outlined in the Primary Guiding Documents (e.goo reduced rents. lower minimum standards, etc.) only for a limited period of time (i.e.. pioneering period), The duration of the pioneering period shall be specified in the Agreement. (h) Requests for variance or exemption shall be submitted in writing to the Airport Director and must state definitively the Primary Guiding Document and the exact clause($), section(s) or provision(s) for which the variance or exemption is being sought, describe the proposed variance or exemption, state the reason or rationale for the proposed variance or exemption, identify potential and/or anticipated impacts on the Airport. other entities (including Operators and Lessees) at the Airport and the community, and identify the duration of the proposed variance or exemption, ill Each variance or exemption shall be requested for and approved or denied separately. ill Grounds for Denial 1 The County may re iect any proposal (including requests for variances or exemptions) or any application for anyone or more of the following reasons: Str~eh thPð~gk passages are deleted. 25 Underlined passaQes are added. .& The Applicant, for any reason, does not fully meet the qualifications. standards and requirements established by the County. The burden of proof shall be on the Applicant and the standard of proof shall be by clear and convincing evidence. B. The Applicant's proposed Activities and/or Improvements will create a safetv hazard at or on the Airport. C. The County would be required to expend funds and/or supply labor and/or materials in connection with the proposed Activities and/or Improvements that the County is unwilling and/or unable to spend and/or will result in a financial loss or hardship to the County or the Airport. D, No appropriate, adequate. or available land and/or Improvement exists at the Airport to accommodate the proposed Activity (at the time the proposal or application are submitted), nor is such availability contemplated within a reasonable time frame. E, The proposed Activities and/or Improvements do not comply with the Master Plan of the Airport or the ALP then in effect or anticipated to be in effect within the time frame proposed by the Applicant. F. The development or use of the land requested by the Applicant will result in a congestion of Aircraft and/or the Improvements will. in the sole discretion of the County. unduly interfere with Activities of any existing Operator on the Airport and/or prevent adequate access to the Leased Premises of any existing Operator. G. The Applicant has intentionally or unintentionally misrepresented or omitted material fact in the proposal. on the application, and/or in supporting documentation. H. The Applicant has failed to make full disclosure in the proposal. on the application, and/or in supporting documentation. 1. The Applicant or an officer. director. agent. representative. shareholder or employee of the Applicant has a record of violating the Regulatory Measures of the County (or any other airport sponsor). the FAA or any other Regulatory Measure applicable to the Airport and/or the proposed Activitv, .stp~el( tkpð~gh passages are deleted. 26 Underlined PclssaQes are added. J. The Applicant or an officer. director. agent. representative shareholder, or employee of the Applicant has defaulted in the performance of any Agreement or Sublease at the Airport or at any other airport. K. The Applicant does not exhibit adequate financial responsibility or capability to undertake the proposed Activity. L. The Applicant cannot provide a performance bond or applicable insurance in the type and amounts required by the County for the proposed Activity. !::A. The Applicant or an officer or director has been convicted of a felony, N. The Applicant's proposed Activity has been or could be detrimental to the Airport. O. The Applicant seeks terms and conditions which are inconsistent with County's policies or any request for proposal (or any other invitation for proposals) issued by the County, P. The Applicant's interests and/or the proposed Activity or use is inconsistent with the Airport's mission (purpose). vision values, goals. or objectives: the best interest of the County; or. any grant assurances. Section 1-2.3-32. Enforcement. (g) The County shall be responsible for enforcement of the Primary Guiding Documents, [Q) The Airport Director is empowered to require compliance with and enforce the Primary Guiding Documents. (£) Any entity who violates, disobeys. omits. neglects. or refuses to comply with the Primary Guiding Documents or any lawful order issued pursuant thereto may be cited, removed from the Airport. denied the use of the Airport, and/or prevented from engaging in Activities at the Airport and shall be sub ject to all legal, equitable, statutory, and common law rights and remedies available to the County including but not limited to, actions for declaratory relief. injunctive relief. specific performance. and damages. (Q) Any entity failing to comply or knowingly and/or willfully violating with the Primary Guiding Documents shall be guilty of a violation of law in accordance with Part 1. Chapter 1-1. Section 1-1-8 of the St, Lucie County Code. Stp~el( tkps~~h passages are deleted. 27 Underlined passaQes are added. .~ W In the event an entity fails to complv with the Primary Guiding Documents, the Airport Director shall send a written statement of violation to such entity at its last known address, The entity shall have 10 days within which to provide a statement to the County explaining why the violation occurred and to advise the Airport Director that the violation has been corrected. The Airport Director has the right to revoke the entity's privileges at the Airport or may suspend the operations for such period of time as deemed necessary in order to obtain a correction of the violation, In addition, any such violations shall be considered in renewing the entity's application. The entity shall pay for any costs incurred by the Airport, including but not limited to attorney fees. under this paragraph. ill Any person denied use of the Airport due to a violation of the Primary Guiding Documents may only use the Airport for the purpose of enplaning or deplaning (as a passenger) Aircraft using the Airport, {g} Unless otherwise specified in the Primary Guiding Documents parties aggrieved by a decision of the Airport Director related to the Primary Guiding Documents may appeal (in writing) such decision to the BOCC within 10 days after such decision is issued, ill The decision of the BOCC on such appeal shall be final. Section 1-2.3-33. Rights Reserved. fg) In addition to the following rights and privileges the County reserves the rights and privileges outlined under federal and/or state Airport Assurances as such rights and privileges may be amended from time to time, ill The County reserves and retains the right for the use of the Airport by others who may desire to use the same pursuant to applicable Regulatory Measures pertaining to such use. (f) The County further reserves the right to designate specific Airport areas for Activities in accordance with the currently adopted Airport Layout Plan (ALP) as may be amended from time to time. Such designation shall give consideration to the nature and extent of current and/or future Activities and the land and/or Improvements that may be available and/or used for specific Activities and shall be consistent with the safe, orderly. and efficient use of the Airport. W The ALP reflects an agreement with the FAA regarding the proposed allocation of Airport land and/or Improvements to specific uses and/or development. It is the policy of the County that any use, occupancy, construction, or modification of land and/or Improvements that is inconsistent with the ALP is undesirable. Any development that is substantially different than that depicted on the ALP could adversely gtr~el( t¡'rð~!!I, passages are deleted. 28 Underlined passaQes are added. affect the safe. orderly, or efficient use of the Airport. While the County may consider making application to the FAA for approval of the revision of the ALP on behalf of an Applicant, nothing contained in these Primary Guiding Documents shall require or obligate the County to make such application, ill The County reserves the right to develop and make any improvements and/or repairs at (or to) the Airport that it deems necessary. The County will provide advance notice of the date and time that such development. improvements. and/or repairs will be made, The County shall not be obligated to reimburse or compensate any Operator. Sublessee. or other entity for any expense incurred or loss of revenue (or inconvenience) that may result from such development, improvement, and/or repair, @.) The County reserves the right to prohibit any entity from using the Airport or engaging in Activities at the Airport (and/or revoke or suspend any privileges granted to any entity) upon determination by the County that such Operator has not complied with the Primary Guiding Documents. applicable Regulatory Measures, directives issued by the County. or has otherwise jeopardized the safety of entities utilizing the Airport or the land and/or Improvements located at the Airport. (Q) The County reserves the right to lease the Airport or portions thereof during war or national emergency to the United States government for military use, If such lease is executed. the provisions of such lease including, without limitation, the County's obligations and the Operator's obligations. to the extent they are inconsistent with said lease, shall be suspended. ill The County will not enter into an Agreement that will require the County to relinquish the right to take any action the County considers necessary to protect the aerial approaches of the Airport against obstruction or to prevent an entity from erecting or permitting to be erected any faci lity or other structure which might limit the usefulness of the Airport or constitute a hazard to Aircraft. ffi) The County will not enter into an Agreement that requires the County to waive any sovereign. governmental. or other immunity to which the County may be entitled nor shall any provision of any Agreement be so construed or that would require the County to submit to the laws of any state other than those of the state of Florida. .Œ1 The County is under no obligation to provide financing and/or make any improvements to Airport land and/or Improvements to facilitate any development proposed by an Applicant. (1Q) While the County may choose to pursue federal, state. or other St.~el( t¡'re~g¡' passages are deleted. 29 Underlined passaQes are added. .~ available funds to contribute to the development, the County is under no obligation to do so. In addition, the County is under no obligation to provide matching funds if required to secure such funding. (11) The County reserves the right to take such actions as it may deem necessary. appropriate and/or in the best interest of the County to preserve the assets of the County, protect the safety of the people who work at and use the Airport. and maintain the integrity of the County's mission (purpose), vision, and values, PART C. CREATION OF ARTICLE III (AIRPORT RULES AND REGULATIONS) OF CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Article III (Regulation of Vehicular Traffic and Parking) of Chapter 1-2.3 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: ARTICLE III AIRPORT RULES AND REGULATIONS Section 1-2.3-34. Purpose and scope. The purpose of these Rules and Regulations is to protect the public health. safety. interest, and general welfare of the Operators. Lessees, Sublessees. consumers. and users of St. Lucie County International Airport (Airport) and to restrict or prevent any activity or action which would interfere with the safe, orderly and efficient use of the Airport by its Operators. Lessees. Sublessees, consumers. and users, Section 1-2.3-35. Applicability and Conditional Use of Airport. fg) Any permission granted directlv or indirectly, expressly or by implication, to any entity to enter upon or use the Airport (including Aircraft and Vehicle Operators: Aircraft crewmembers and passengers; spectators and sightseers; occupants of Vehicles: officers, employees. and customers of Operators and Lessees: entities doing business with the County, its contractors, subcontractors. and licensees: and all other entities whatsoever) is conditioned upon: ill Assumption of responsibility by entity exercising or taking advantage of permission: ill Full and complete compliance with these Rules and Regulations. Primary Guiding Documents. and applicable Regulatory Measures: m Each such entity shall at all times release hold harmless, and indemnify Str~d( tkre~gk passages are deleted. 30 Underlined passaQes are added. the BOCC. Airport. and County (individually and collectively), representatives. officers. officials. employees, agents and volunteers from any and all responsibility, liability ,loss or damage that may result to any entity. be caused by or on their behalf and/or incident to the manner in which the Airport is operated. constructed, maintained. served, or used, (Q) The General Provisions are hereby incorporated as part of these Rules and Regulations as though fully set forth herein, W Responsible Party: ill Any person accessing or using the Airport shall be responsible for their actions and all actions of any person to whom they provide or facilitate access. whether directly or indirectly. (£) Any and all Property on the Airport destroyed or damaged shall be paid for by the entity or entities responsible for such destruction or damage thereto. ill Any person who causes injury to any person on the Airport shall be liable for such injuries. Section 1-2.3-36. Airport Identification Badge (g) Operators, Lessees. sublessees. and contractors (including all employees) at or performing work inside the AOA require an Airport Identification Badge (Badge ). (Q) A Badge shall not be issued to any person until a need for unescorted access inside the AOA has been determined by the Airport Director and then only after an Application for Airport Identification Badge. Applicant Identification Badge Conditions of Agreement Form, and Applicant DisqualifYing Crimes Form has been completed and submitted for review and approval to the Airport Director. ill It is the responsibility of Operators. Lessees, sublessees, and contractors to notify the Airport Director of persons who do not need access and/or are no longer employees or affiliated with the Operator. Lessee. Sub lessees or contractor within 48 hours of the individual's separation from the entity, [Q} If the Badge is not returned within 10 days. the Operator, Lessee, Sublessee, or contractor is sub iect to a $50,00 fine. W Airport Identification Badges are not transferable. Section 1-2.3-37. Violations. (g) Each person who is issued a Badge shall comply with all Rules and Regulations. Failure to comply may result in the loss of access privileges. Str~eI( tnrð~g" passages are deleted. 31 Underlined DaSsoc¡es ore added. (Q) No person to whom a Badge has been issued shall intentionally perform any of the following non-inclusive acts: ill Loaning of Badge to anyone under any circumstance ill Allowing unauthorized persons or Vehicles into the AOA ill Blocking, damaging, or leaving doors or gates open that could be an AOA access route for unauthorized persons ill Bypassing the security system (2) Altering a Badge (Q) Failure to provide proper escort ill Failure to report lost or stolen Badge @) Driving on unauthorized areas of the AOA W Any violation of a severe nature. as determined by the Airport Director O.e.. a violation resulting in Property damages and/or bodily injury or any runway or Taxiway incursion) may warrant immediate suspension of Badge privileges, fQ) Upon request, the option of a hearing or a meeting with the Airport Director will be scheduled before any punitive action is taken. Section 1-2.3-38. Damaged. Lost. Stolen. or Missing Badge. Each Badge holder and/or entity employing the Badge holder shall notify their supervisor and, in writing. the Airport Director immediately upon becoming aware of a damaged, lost, stolen or missing Badge, Section 1- 2.3 - 39. Security. (g) Airport Operations Area (AOA) ill No person shall enter the AOA except those persons authorized by the Airport Director. including those: A. Having a Badge issued by the Airport Director or B. Under appropriate escort. (Q) All persons shall display their Badge on the outermost garment. waist high or higher on the front of the body at all times while inside the AOA, W Any person who is not authorized to be in the AOA or whose status is questionable shall leave the area by the nearest established exit point when asked to do so by any other person who is authorized to be in the area. fQ) Any person inside the AOA shall produce a Badge when asked to do so by any other person properly displaying a Badge, law enforcement credentials or appropriate FAA or TSA credentials, W Any person that has been issued a Badge but does not have it in possession must be escorted into the AOA, That person must get possession of their Badge or apply for a replacement Badge. Stf~el( thFe~:;h passages are deleted. 32 Underlined passaQes are added. ill All persons with a Badge should request a Badge or authorized identification from any unescorted person not displaving a Badge or authorized identification. unless the person with a Badge feels the other preson may cause him harm, In such event. the Airport Director or 911 should be contacted, , íg) All persons escorted in the AOA shall be under the control of a person in possession of a Badge at all times. Whenever the escort official departs the area, the person under escort must be placed under the control and responsibility of another escort official or depart the AOA, (h) With the intent of preventing unauthorized use of Badges all persons issued a Badge shall store their Badge in a secure place and under their control at all times. ill Airport Entrances (Security Gates and Doors): 1, All persons entering the Airport shall use only authorized entrances. 2. Security gates and doors that provide access to the AOA shall be kept closed and locked at all times. except when actually in use. ~ It shall be the responsibility of all Operators, Lessees, and Sublessees to see that all gate chains and doors and other public safeguards are continually and conscientiously used in a manner so as to protect all persons. 4. Authorized persons may not share combination codes or access information. 5, When an authorized person accesses a door or gate leading to or from the AOA. it is the person's responsibility to ensure that unauthorized persons cannot gain access to the AOA 6, Vehicle Operators utilizing a securitv gate to access the AOA shall stop the Vehicle and allow the gate to fully close before proceeding, The Vehicle Operator shall also ensure that no other Vehicles or persons gain access to the Airport while the gate is in the process of closing or not fully closed, 7. Tampering or interfering with a closing mechanism, disabling the lock. or breaching any other securing device at the Airport is prohibited, ill If unauthorized access occurs bv persons or Vehicles. it must be immediately reported to the Sheriffs Department (911) and the Airport Director. (Is) U,S, Customs and Border Protection (CBP) Facility: 1, Only individuals approved by the CBP may enter the CBP Facility or CBP Apron, £ BP Apron access is only for authorized personnel who need to work at the CBP Facility. ~ CBP Apron is not to be used for access to and from one side of the Airport to another, 4, The yellow and black markings located at the edge of the CBP Apron Etr~eI( tl.re~gh passages are deleted, 33 Underlined Dassaaes are added. '~ provides that on one side of the line is the CBP Apron and on the other side of the markings is Taxiway C, Section 1- 2.3 -40. Commercial Aeronautical Activities. (g) Entities desirous of engaging in Commercial Aeronautical Activities at the Airport must receive prior Permission. (Q) Entities engaged in Commercial Aeronautical Activities at the Airport shall pay all applicable rents and fees, W Entities basing or otherwise maintaining an Aircraft at the Airport shall not permit said Aircraft to be used for a Commercial Aeronautical Activity unless such Activity is expressly authorized by Agreement with the County. @ Notwithstanding the foregoing. such Aircraft may be used by the Aircraft Owner for the purpose of flight Training or otherwise maintaining or increasing the flying proficiency of the Aircraft Owner or members of that person's immediate family, Section 1-2.3-41. Tenant Responsibilities. Lessees shall maintain an up-to-date file containing the name. address. and telephone number of all Based Aircraft owners of Lessees and Sub lessees. This information shall be submitted to the Airport Director and updated on a quarterly basis. Section 1- 2.3 -42. Accidents or Incidents. (g) Any person involved in or witnessing an Aircraft or Vehicle Accident on the Airport resulting in any injury (or death) to person or damage to Property shall remain at the scene and notify the Sheriff's Department immediately and provide all pertinent information as requested, (Q) No person shall tamper with an incident/Accident scene or fail to comply with any directive issued by the Airport Director. the Sheriff's Department, the fire Department. or any other Agency having jurisdiction over the incident/ Accident scene. W Unauthorized entry into Movement Areas to access an incident/Accident scene is prohibited. Section 1-2.3-43 General Conduct (g) No person shall make possess use offer for sale, pass. and/or deliver any forged or falsely altered pass, permit, identification. card, sign, and/or other authorization purporting to be issued by or on behalf of the County or Airport, 5tr~el( tl.rð~9¡' passages are deleted. 34 Underli ned passac¡es are added. (Q) No person shall use or otherwise conduct them self upon any portion of the Airport in any manner contrary to the posted or otherwise visually indicated directions applicable to that area. W Destroying, damaging. injuring, defacing. disturbing or tampering with Property on the Airport is prohibited. í.QJ Smoking or carrying lighted cigars cigarettes. or pipes in any indoor public use area of the Airport. except in areas specifically designated by the Airport Director and posted as public smoking areas. is prohibited, W No person shall be intoxicated; commit any disorderly, obscene lewd, indecent. or unlawful act; or commit any act of nuisance (including the use of abusive or threatening language) on the Airport. ill Loitering or loafing on the Public Areas of the Airport is prohibited. (g) The Airport shall not be used for storing merchandise, supplies or equipment (except as stipulated within an Agreement), or for washing clothes. overnight camping or lodging. or for any improper. objectionable or immoral purposes. (h) Operator and Lessee facilities are expressly for the conduct of the Operator's or Lessee's business and operations. No person other than employees and customers of the Operator or Lessee shall make use of such facilities or loiter or loaf on such premises without permission of the Operator or Lessee. Section 1- 2.3 -44. Abandoned. Derelict or Lost Property. (g) Property shall not be Abandoned on the Airport. (Q) Abandoned, Derelict, or lost Property found in Public Areas at the Airport inCluding. without limitation. equipment, machinery. baggage. freight. or parts thereof should be reported (and/or turned in) to the Airport Director, W Nothing in this section shall be construed to deny the right of Operators and Lessees to maintain "lost and found" service for Property of their customers. invitees, and/or employees, Section 1-2.3-45. Animals (g) Domestic pets and animals. except for special assistance or law enforcement dogs are not permitted on the Airport unless controlled and restrained by a leash or container, (Q) All persons shall use utmost care to prevent any animal under their care to control or prevent from urinating or defecating upon the sidewalks of the Airport or in other public buildings. Person(s) responsible for the animal will immediately and thoroughly clean any soiled area. W Horses, except those utilized for law enforcement or intended to be transported. are not permitted on the Airport, Stp~eh till 8~!!1 , passages are deleted. 35 Underlined passaQes are added. úD No person. except those authorized by the A irport Director, shall intentionally hunt, pursue, trap catch, injure, or kill any bird or animal (except rodents) on the Airport. W No person, except those authorized by the Airport Director. shall feed non- domestic birds or animals on the Airport. Section 1-2.3-46. Use of Public Areas. Use of the Public Area of any facility or area of the Airport for sleeping or other purpose in lieu of a hotel. motel. or other public accommodation is prohibited. Section 1-2.3-47. Storage of Materials and Equipment. (g) Storage, stacking, boxing or bagging of materials (or equipment) shall be done in such a manner as to preclude creating any hazard, obstructing any operation. or littering, (!;ù Railroad (box or tanker) cars, intermodal containers, or tanker. truck. or flatbed trailers etc. shall not be stored or used to store any type of non- aviation materials, Vehicles, or equipment without prior Permission, W Railroad (box or tanker) cars. inter modal containers. or tanker. truck. or flatbed trailers, etc, used to store non-aviation materials. Vehicles. or equipment must not be unsightly or create a hazard. Upon the written request of the Airport Director. these items must be removed from the Airport. @ Trash and Other Waste Containers 1 Garbage, empty boxes. crates, rubbish. trash, papers refuse. and/or litter of any kind shall not be placed. discharged. or deposited on the Airport except in the receptacles provided specifically for that purpose. 2. The burning of garbage, empty boxes. crates. rubbish trash. papers, refuse. and/or litter of any kind on the Airport is prohibited. J. Such areas shall be kept clean and sanitary at all times. 4, Garbage receptacles shall be emptied with sufficient frequency to prevent overflowing and shall be cleaned with sufficient frequency to prevent the development of offensive odors, 5. Garbage receptacles shall be equipped with securely fastened lids. 6. Dumping or disposing of any fill. building material. or other waste material on the Airport, except in such areas that are specifically designated by the Airport Director for such purpose is prohibited. Stpl eh tkrel gll passages are deleted. 36 Underlined DassaQes are added. Section 1-2.3-48. Burning of materials. (Q) Entities engaged in any activity at the Airport, whether occupying Airport owned facilities or otherwise, shall comply with all practices recommended by the NFPA, (Q) Entities shall comply with all directives issued by the Airport Director regarding the removal of fire hazards, arrangement or modification of Vehicles or equipment, or altering operating procedures considered unsafe from a fire prevention standpoint. W Smoking matches, lighters, or any open flames are prohibited on the Apron, in hangars. or in any other area on the Airport in violation of posted "no smoking" signs and in no case within 50 feet of any Aircraft, refueling Vehicle. Fuel storage facility, storage area for flammable materials, or any Aircraft being fueled or defueled. W Any hostile fires (regardless of the size of the fire or whether or not the fire has been extinguished) shall be reported immediately to the Fire Department (via "911"), W No entity shall remove or cause to be removed from its holder, container reel. or bracket any equipment or device used in fire prevention except in case of emergency or fire, ill All fire doors, hangar doors, sprinkler risers, fire boxes, fire hydrants and pits, hose boxes. and all fire fighting apparatus shall be kept clear of obstructions at all times. Section 1-2.3-49. Hazardous Materials. No entity shall store, keep, handle, use, dispense, dispose, discharge, or transport on the Airport any Hazardous Materials in contravention of any these Rules and Regulations the SWppp, the Uniform Fire Code. and all other applicable Regulatory Measures. Proper permits must be obtained from the appropriate Agency. and copies must be presented to the Airport Director on request. Section 1-2.3-50. Painting. Doping processes, painting, or paint stripping shall be performed only in those designated and properly designed, fireproofed, and ventilated facilities approved for such activities and in compliance these Rules and Regulations, the SWPPP, the Uniform Fire Code. and all other applicable Regulatory Measures. Str~d( thre~9h passages are deleted. 37 Underlined Dassaaes are added. .'i Section 1-2.3-51. Flammable solids and liquids. (g) The procedures and precautions outlined in the criteria of NFPA Pamphlet No, 30 (Flammable and Combustible Liquids Code), NFPA Pamphlet No, 410D (Safeguarding Aircraft Cleaning. Painting and Paint Removal). and NFPA Pamphlet No, 410F (Aircraft Cabin Cleaning and Refurbishing Operations) shall be adhered to in all cleaning. painting. refurbishing, and other operations using flammable liquids including the storage of such liquids, (Q) A total of 60 gallons of lubricating oils having a flash point at or above 150 degrees may be stored in hangars provided that the product is stored in the original container and has the original manufacturer's labeling (or that the product is stored in other suitable containers approved by the Fire Department), Larger quantities may be stored in accordance with applicable Regulatory Measures and notification to the Airport Director and Fire Department, !.£) T-hangars shall not contain oil quantities in excess of two cases or two times the oil storage capacity of the engine of the Aircraft whichever is greater. stored therein, Section 1-2.3-52. Compressed Gases. (g) Oxygen or any compressed gas in a cylinder or portable tank must be secured to a fixed location or secured to a portable cart designed and approved specifically for the cylinder(s) or tank(s) being secured, (Q) Cylinders or tanks shall be maintained in compliance with all applicable Regulatory Measures. Section 1-2.3-53. Effluents pollutant. or air contaminant. (g) No person shall discharge any substance in or upon the Airport in contravention of any Regulatory Measure. Proper permits must be obtained from the appropriate Agency. copies must be presented to the A irport Director. and prior Permission must be received for such discharge. (Q) Anv person who experiences overflowing spilling or leaking of oil. grease. Fuel. and/or similar material or substance anywhere on the Airport is responsible for the immediate cleanup of the spill. proper disposal of the substance. and notification of appropriate Agency all in accordance with the SWPPP. Operator's SPCC plan. and applicable Regulatory Measures, The Airport Director should be notified when any reportable spill occurs. !.£) Should the County determine that during the course of an environmental incident the responsible party is not capable of. has not. or refuses to take the Str~el( t¡"ro~g¡" passages are deleted. 38 Underlined passaaes are added. appropriate action in a timely manner to mitigate the adverse environmental incident (in the sole discretion of the County), then the County reserves the right to take action and/or employ those services that the County determines appropriate to control and/or clean up the site. The cost of such services shall be borne by the responsible party. Section 1-2.3-54. Hazardous Materials Spills. In the event a Hazardous Materials spill occurs of any magnitude, the responsible party of such spill shall take appropriate action in the containment, clean up. reporting. and rehabilitation of such spill. The following procedures shall be implemented in managing a Hazardous Materials spill: (Q) Minor Spills - Spills of less than 5 gallons and that are not compromising the safety of the public. ill Determine the threat to the immediate public. ill Contain the spill with an absorbent, ill Block all storm water drains that could be impacted by such a spill. ill Apply the proper absorbent from strategically placed spill kits, All liquids and or absorbents shall be disposed of or reused per applicable Regulatory Measures. @ Make record of the spill at the facility. (Ql Contact the Florida Department of Environmental Protection should the spill impact the ground waters and or the surface waters no matter how small the quantity. (Q) Major Spills - Spills in excess of 5 gallons but less than 25 gallons or any spill causing an immediate threat to the safety of the public. ill Determine the threat to the immediate public. ill Block all stormwater drains from potential contamination. ill Contain the spill with an absorbent. ill Contact the Fire Department. @ Determine the nature of the spill. (Ql Apply absorbents to the spill until all residual liquid has been processed. All liquids and absorbent shall be disposed of properly per applicable Regulatory Measures, ill Assess the damage to the land and/or water with Airport personnel. @) Contact the Florida Department of Environmental Protection should the spill impact the ground waters and or the surface waters no matter how small the quantity. (2) Record all aspects of the spill in company files. Str~d( thrð~9h passages are deleted. 39 Underlined Dassac¡es are added. ,~, , (1Q) A written detailed report containing all pertinent information of such spill shall be completed by the responsible party and delivered to the Airport Director within five working days. W Serious Spills - Spills in excess of 25 gallons and which may pose a serious threat to the safety of the public, ill Evaluate the threat to the public and make any arrangements to secure the safety of the immediate public (j,e.. evacuation), ill Contain the spill should safety permit. ill Block all drains that pose an immediate threat from the spill. ill Apply absorbents to such a spill until all residual liquid is processed, All liquids and absorbent shall be disposed of properly per applicable Regulatory Measures. @ Contact the Fire Department immediately. (Q) Airport personnel shall assess the damage to the land and/or the waters, ill Airport personnel shall inspect the drainage outfall for downstream contamination. au Record all aspects of the spill in company records, L2.) Contact the Florida Department of Environmental Protection immediately. (1Q) Provide a written summary of the spill and the measures that will be taken to eliminate such a spill in the future to the Airport Director within 24 hours, Section 1-2.3-55. Emergency conditions. (g) The Airport Director, either directly or through ATC, may suspend or restrict any or all activities at the Airport or issue emergency procedures wherever such action is deemed necessary in the interest of safety. (Q) Emergency conditions at the Airport shall not mitigate or cancel these Rules and Regulations, W Permits issued under these Rules and Regulations shall be rendered invalid until the emergency situation has been alleviated and normal operations have resumed. (Q) During such conditions, the Operator of any Aircraft or Vehicle shall make certain that the Aircraft or Vehicle is not moved in any direction unless specifically cleared by A TC, National Transportation Safety Board (NTSB), Airport Director. and/or a Law Enforcement Officer, W No person shall enter upon the AOA for the purpose of attending, observing or assisting at the scene of an Accident except persons requested or Str~eI( through passages are deleted. 40 Underlined passaQes are added. permitted to do so by A TC. Airport Director, a Law Enforcement Officer, and/or Fire Department, Section 1-2.3-56. Special events. (g) Special events utilizing public areas of the Airport or the AOA shall not be held unless written approval is first obtained from the BOCC or Airport Director and any other Agency having iurisdiction over the event. .Gù Written authorization shall specify the areas of the Airport authorized for such special use, the dates and duration of such use. and any other terms and conditions deemed necessary. Section 1- 2.3 - 57. Improvement construction or modification. All Lessees and Sublesses must submit construction or modification plans to the Airport Director in advance for review and approval. (g) Aircraft Operators involved in an Accident on the Airport resulting in any injury (or death) to person or damage to Property shall make a full and prompt report of the Accident to the Airport Director and complete any necessary reports and/or forms. .Gù Aircraft Operators shall be responsible for the safe and prompt removal of disabled Aircraft and parts thereof. unless required or directed by the Airport Director, the FAA or the NTSB to delay such action pending an investigation of an Accident. (ç) An Aircraft involved in an Accident on the Airport may not be removed from the scene of the Accident until authorized by the Airport Director. (Q) Once authorization to remove the Aircraft has been issued the Aircraft Operator shall make immediate arrangements to have the Aircraft removed. W If immediate arrangements are not made (so that the Airport can return to full operational status without unreasonable delay), the Airport Director may have the Aircraft removed at the Aircraft Operator's risk and expense without liability for damage arising from or out of such removal. Section 1-2.3-58. Prohibiting use of the airport. (g) The Airport Director shall have the right at any time to deny the use of the Airport to any person or group when the Airport Director considers such actions to be necessary and desirable in the interest of safety and securitv. .Gù The Airport Director may prohibit Aircraft operations (except for emergency landings) when it is determined that conditions are unsafe or the Aircraft operation would likely endanger persons or Property. Str~eh tkrðl;gk passages are deleted. 41 Underli ned passaQes are added. (cl Under no circumstance shall an authorized Airport closure or restriction constitute grounds for reimbursement of any expense. loss of revenue, or damage incurred by any Operator. Lessee. or anv other entity, Section 1-2.3-59. Aircraft maintenance. (g) Premises. (Q) Aircraft Maintenance must be performed in accordance with SWppp, (cl Aircraft Maintenance performed on Aprons is limited to preventive maintenance (as defined by 14 CFR Part 43). íQ} Aircraft Maintenance within hangars shall be limited to that specifically permitted by the type rating established in the Uniform Building Code and in compliance with the directives of the Fire Department. All Aircraft cleaning must be done at a facility designed for such purpose or in accordance with NFPA standards and SWPPP. Aircraft Maintenance on the Airport shall be permitted only on Leased Section 1-2.3-60. Aircraft engine operation. (g) Starting engines shall be prohibited until 9round personnel have given proper clearance (if appropriate) and until all standard safety procedures have been followed, (Q) Any person operating an Aircraft en9ine in an area that is accessible to the public shall take precautions to alert and protect the public from hazards incident to such operations. (cl Starting an Aircraft engine when there is any flammable liquid on the ground in the immediate vicinity of the Aircraft is prohibited. íQ) Aircraft controls shall not be unattended while Aircraft engines are operating, W Propeller. engine. and exhaust noises shall be kept to a minimum, ill Runup of Aircraft en9ines shall be performed only in the areas designated for such purpose by the Airport Director, ill Runup of Aircraft engines is not allowed in Non-Movement Areas except in designated areaS or as approved by the Airport Director. ill Aircraft may not be tied to any structure during Aircraft engine Runup, m High speed or full power aircraft engine Runups (including maintenance run-ups) shall be performed in designated run-up areas or in other areas designated specifically for this purpose by the Airport Director, ill High speed or full power Aircraft engine Runups are prohibited at the Airport from 10:00 PM to 8:00 AM without prior Permission. 5tr~ðl¡ tkre~gk passages are deleted. 42 Underlined passaqes are qdded. Section 1-2.3-61. Aircraft parking and storage. (g) Derelict Aircraft on the Airport are prohibited, (Q) The Airport Director, at the risk and expense of the Aircraft Operator, may remove such Aircraft without liability for damage arising from or out of such removal. W Aircraft shall be parked only on Leased Premises or in those designated public areas designed for such purpose by the Airport Director and shall not be positioned in such a manner so as to block a runway. Taxiway. Taxilane (except for temporary staging and/or fueling of such Aircraft), or obstruct access to hangars, parked Aircraft. and/or parked Vehicles, (Q) Unless otherwise provided in an Agreement with the County or authorized FBO no person shall use any area of the Airport for the parking and storage of Aircraft, other than Transient Parking_ without prior Permission. W Should a person use such areas for Aircraft parking or storage without first obtaining prior Permission. the Airport Director may remove and store the Aircraft at the expense of the Aircraft Operator without liability for damage that may arise from or out of such removal or storage. ill Aircraft Operators shall ensure unattended. parked, and stored Aircraft are properly secured as set forth in AC 20-35C, (g) Parked or stored rotorcraft shall have braking devices and/or rotor mooring blocks applied to the rotor blades, íbJ Moored lighter-than-air Aircraft shall have at least one person monitoring the safety of the mooring at all times. ill Upon request of the Airport Director. the Operator of any Aircraft parked or stored at the Airport shall move the Aircraft to the location and/or position on the Airport identified by the Airport Director due to an emergency condition or the Aircraft is illegally parked, ill In the event the Aircraft Operator refuses, is unable. or unavailable. the Airport Director may move the Aircraft to the area at the risk and expense of the Aircraft Operator without liability for damage that may arise from or out of such movement. ill Aircraft Tiedowns shall only be used for the following purposes: ill Storage and parking of Aircraft; and ill Performance of preventive Aircraft Maintenance (as defined in 14 CFR Part 43) on A ircraft in accordance with applicable Regulatory Measures, ill Aircraft storage hangars shall only be used for the following purposes: ill Storage and parking of Aircraft and associated Aircraft equipment and supplies as approved by the Airport Director and the Fire Department. ill Parking of Vehicles owned and operated by Aircraft Owner or Operator and only on temporary basis (j.e.. during use of Aircraft). Stf~el( thrð"lgh passages are deleted. 43 Underlined passaaes are added. (m} Use of Aircraft storage hangars shall be sub iect to the following restrictions: ill For hangars not having a personnel exit door, hangar doors shall remain open a minimum of 36 inches anytime a person is in the hangar for adequate egress in an emergency, ill Space heaters shall never be located inside Aircraft and left unattended. Space heaters may be utilized in hangars so long as the heater has a clear radius of 10 feet from Aircraft (or any other ob ject) and fire prevention/safety measures are observed. ill Oily rags. waste oil. or other materials soiled with petroleum-based products may only be stored in containers with self-closing, tight-fitting lids as approved by the Fire Department, ill A battery charger shall not be directly connected to an aircraft battery installed in an Aircraft that is located inside (or partially inside) a hangar, Section 1-2.3-62. Aircraft security. (g) If the kind, type. mission. or condition of an Aircraft makes it necessary for an Aircraft Operator to obtain, provide, and/or maintain security for an Aircraft. the Aircraft Operator shall be responsible for such security and may only provide (and/or arrange for) such security after obtaining prior Permission, L!2..) Aircraft Operators shall not employ security measures as a means to hinder. delay or prevent removal of Aircraft at the direction of the Airport Director. Section 1-2.3-63. Aircraft operations. (g) Operating an Aircraft in a careless, negligent, or reckless manner: in disregard of the rights and safety of others; without due caution and circumspection; or at a speed or in a manner which endangers. or is likely to endanger persons or Property of any entity is prohibited: L!2..) Aircraft Operators shall obey all pavement markings, signage and lighted signals unless instructed otherwise by A TC or the Airport Director. W Operating an Aircraft constructed. modified, equipped. or loaded as to endanger. or be likely to endanger persons or the Property of any entitv is prohibited. liD Aircraft Operators shall comply with any order signal. or directive of A TC, Airport Director or a Law Enforcement Officer, W It shall be the Aircraft Operator's responsibility to repair any damage to the Airport's runways, Taxiways, or Aprons caused by excessive Aircraft weight loading. 5tp\ eh t"Pðkl~l. passages are deleted. 44 Underlined passaaes are added. ill The starting, positioning, or taxiing of any Aircraft shall be done in such a manner so as to avoid generating (or directing) any propeller slipstream or engine blast that may endanger or result in injury to persons or damage to Property. (g) Airborne radar equipment shall not be operated or ground-tested in an area where the directional beam of such radar, if high intensity (50KW or greater output), is within 300 feet or. if low intensity (less than 50 KW output), is within 100 feet of another Aircraft, an Aircraft refueling operation an Aircraft Refueling Vehicle, or a Fuel storage facility. íb.) Operation of Aircraft radio equipment while the Aircraft is in a hangar. other than when radio equipment maintenance is being performed on the Aircraft is prohibited. ill Aircraft engines shall not be started and Aircraft shall not be taxied into. out of, or within any structure on the Airport, Section 1-2.3-64. Taxiing operations. (g) The following sections are applicable to all non-movement areas and movement areas when A TC is closed, (Q) Aircraft Operators shall obey all pavement markings, signage, and lighted signals unless the Airport Director directs otherwise. (£) Aircraft shall not be taxied until the Aircraft Operator has determined by visual inspection that there shall be no danger of collision with any person or object in the area. (Q) When reasonably possible, Aircraft being taxied. towed or otherwise moved at the Airport shall proceed with running lights and/or position lights illuminated during the time between official sunset and official sunrise, W Taxiing Aircraft shall yield the right-of-way to any Emergency Vehicle responding to an emergency, ill Aircraft Operators shall not taxi an Aircraft at a speed greater than is reasonable and prudent under the conditions with regard for actual and potential hazards and other Aircraft so as not to endanger persons or Property. Section 1- 2.3 - 65. Rotorcraft operations. (g) Rotorcraft shall not be operated unless there is a clear area of at least 50 feet from the outer tip of each rotor. (Q) Rotorcraft should not be operated within 200 feet of any area where Light Aircraft are parked or operating, unless such area is specifically established for rotorcraft operations, Pilots operating rotorcraft within 200 feet of any Str~.I, tkra~gk passages are deleted. 45 Underli ned IXlssaaes are added. area where light Aircraft are parked or operating do so at their own risk and are responsible for any damage to Property that may occur. Section 1-2 3-66. Limitations. (g) Aircraft Operators shall provide prior notification to the Airport Director before conducting any of the following activities at the Airport. ill Experimental Flights (excluding those with an Airworthiness Certificate) ill Use of Motorless Aircraft: The landing upon or towing from the Airport of gliders. sailplanes, and other certificated motorless Aircraft. ill Use of Ultralight Vehicles: The landing upon or taking off from the Airport of ultralight vehicles. ill Use of Lighter-than-Air Aircraft: The landing upon or taking off from the Airport of airships, dirigibles. blimps. balloons, and other certificated lighter-than-air Aircraft that utilize gasses or hot air to provide lift. @ Banner or Glider Towing: The landing upon or taking off from the Airport of Aircraft that tow banners. gliders, or any other device. (Q) Aircraft Operators shall provide prior notification to the Fire Department before conducting any of the following activities at the Airport, ill Hazardous Cargo: Landing or taking off with flammable. explosive, or corrosive materials except that which is carried aboard for the operation of the Aircraft or use by crewmembers or passengers. ill Radioactive Cargo: The landing upon or taking off from the Airport of Aircraft loaded with radioactive materials, ill All shipments of radioactive cargo or other hazardous material shall comply with regulations established in 49 CFR Parts 100 - 199, and all other Regulatory Measures governing such shipments, ill Trained hazmat and fire Department equipment and personnel will be required for this type of operation as a standby precautionary measure. Costs associated with trained hazmat equipment and personnel shall be borne by the Aircraft Operator. Section 1-2.3.-67. Self-Servicing of aircraft. (g) Aircraft Operators are permitted to fuel. wash, repair. or otherwise service their own Based Aircraft (utilizing their own equipment), provided there is no attempt to perform such services for others and further provided that such right is conditioned upon compliance with these Rules and Regulations. SWppp, and all other applicable Regulatory Measures. Stp~eh tl.pe~§'" passages are deleted. 46 Underli ned passaQes are added. W An Aircraft Operator may hire a person (as an Employee) to provide, under the direction and supervision of the Aircraft Operator. services on the Aircraft Operator's Aircraft. (£) Such services may only be provided by a direct Employee of the Aircraft Operator utilizing the Vehicles/equipment owned by the Operator í.Q) Aircraft Operators are only permitted to have their Aircraft fueled. washed repaired, or painted by those Operators and Lessees authorized to provide such service pursuant to an Agreement with the Airport and in compliance with sWPPP and all applicable Regulatory Measures. W Airport Lessees may restrict self-servicing on their Leased Premises. Section 1-2.3-68. Voluntary noise abatement procedures. (g) Aircraft Operators are encouraged to familiarize themselves with and comply with the voluntary noise abatement procedures of the Airport, W The voluntary noise abatement procedures of the Airport are located on the Airport's website (www.stlucieco.gov/airport/t Section 1-2.3-69. Vehicle operator licensing and vehicle permit. (g) A Vehicle Operator that does not have in their possession a valid State of Florida driver's license and Airport Identification Badge will not be allowed to operate a Vehicle on the Movement Area unless accompanied by an authorized Vehicle Operator with a valid Vehicle Permit issued by the Airport. W An Airport Identification Badge with Movement Area driving privileges and Vehicle Permit will only be granted as follows: ill Submission of letter (on company letterhead) to the Airport Director from employee's supervisor providing iustification for Movement Area driving privileges, ill Airport Management reserves the right to grant full or limited driving privileges on the Movement Area based upon access frequency and job requirements. Limited permits grant access to specific locations within the Movement Area, ill Attendance of Airport's driver training class. Persons shall receive a seal on their Airport Identification Badge showing that they have been trained to operate a Vehicle displaying a Vehicle Permit on the Taxiways and runways of the Airport. (Ð Certificate of Insurance showing the Vehicle and Vehicle Operator having a general liability insurance in a minimum amount of $5 million dollars per occurrence and a99regate and namin9 the County as additional insured, Str~eI( througn passages are deleted. 47 Underlined passaQes are added. W Suspension of Driving Privileges: ill An individual with Movement or Non-Movement Area driving privileges that violates these Vehicle Rules and Regulations, may be subject to immediate suspension or revocation of driving privileges by the Airport Director. depending upon the severity of the violation, ill Individuals with suspended or revoked driving privileges must deliver a letter to the Airport Director from their supervisor indicating that the individual has been counseled on the severity of the violation and has received recurrent training from the employer or the Airport. Once the letter has been received driving privileges may be reinstated. Section 1-2.3-70. Vehicle equipment. (g) Vehicles shall not be operated on the Airport unless the Vehicle is in sound mechanical order; has adequate and operational headlights, horn, and brakes; and permits clear visibility from the driver's position, [I;ù All Vehicles and equipment on the Airport must keep original factory equipment (i.e.. headlights. taillights, horn, etc,) in working order and have a proper and operable braking system, Vehicles without taillights may utilize an alternative reflective device (i.e.. reflective tape) mounted on the rear and all sides of the Vehicle, This shall include trailers. carts. semi-trailers. baggage carts. portable heater units, and other towed equipment. Section 1-2.3-71. Vehicle operations. (g) Operating a Vehicle on the Airport in a careless. negligent. unsafe. or reckless manner; in disregard of the rights and safety of others; and without due caution and circumspection; or at a speed or in a manner which endangers. or is likely to endanger, persons or Property is prohibited, [I;ù Vehicles constructed. equipped. loaded, or maintained (or have attached thereto any object or equipment which drags. swings, or projects) so as to endanger, or be likely to endanger, persons or Property is prohibited on the Airport, W Vehicles shall not be operated in any hangar at the Airport unless the Vehicle exhaust is protected by screens or baffles (e.g.. muffler) to prevent the escape of sparks or the propagation of flame and a vent system exists to prevent exhaust fumes from building up in the hangar (if Vehicles are operated in the hangar for an extended period of time). (ç!) Vehicle Operators shall yield the right of way to pedestrians, Emergency Vehicles (or equipment), and Aircraft, W All Vehicles crossing or entering the traffic lanes shall yield to those Vehicles Stf~d( thre~~h passages are deleted. 48 Underlined passaQes are added. already in the lane before proceeding. All Vehicles must travel in a single lane of traffic only (in each direction) when crossing Taxiways and when in the terminal area. ill Vehicle Operators shall not. after receiving a visual or audible signal from Airport personnel or Law Enforcement Officer, fail to stop the Vehicle being operated. operate the Vehicle in disregard of the signal, or interfere with or endanger the operation of Airport personnel or Law Enforcement Officer, increase the speed or extinguish the lights of the Vehicle. or attempt to flee from or elude Airport personnel or Law Enforcement Officer. (g) Vehicle Operators shall provide proper signals and obey all traffic lights, signs, mechanical or electrical signals, and pavement markings unless directed otherwise by Airport personnel or Law Enforcement Officer, (bJ Vehicles must have both headlights and taillights operating when the Vehicle is used during the time between official sunset and official sunrise and at any other time when visibility is poor. m Persons shall not ride on the running board, in the beds of pickup trucks. ride on the outside of a Vehicle, or allow arms or legs to protrude from a Vehicle with exception of Emergency Vehicles that are designed specifically for such operations and/or use by Fire Department personnel. ill Vehicles used for hauling trash, dirt, or any loose material shall be operated in such a fashion as to prevent the contents of the Vehicle from dropping, sifting, leaking. or otherwise escaping including, at a minimum. covering Vehicles load, ili) The operator of a Vehicle will be responsible for any object falling from the Vehicle including. but not limited to. those objects that may create a hazard to persons, Aircraft, or other Vehicles and is responsible for any resulting damage and required cleanup, ill Equipment in Tow: ill Positive locking couplings are required for all towed equipment on the AOA. ill Vehicles (tugs) and baggage carts shall be returned to designated storage areas immediately following unloading, ill Equipment in tow must have reflectors or fluorescent tape on the rear of equipment Û'IÙ Recreational useof A TVs. three wheelers. scooters, mini-bikes. go-carts, roller blading. skate boarding, and bicycles is not permitted on the Airport without Permission. Section 1-2.3-72. Airport Operations Area (AOA). (g) All Vehicles entering the AOA must come to a complete stop and observe ground Aircraft traffic in all directions. Str~elt t¡'I"e~~11 passages are deleted. 49 Underlined þassaQes are added, 11 (Q) Airside Speed Limits: ill Safe Speed - Vehicles shall not be operated at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards. traffic, or so as not to endanger persons or Property. ß) Vehicles. except Emergency Vehicles responding to an emergency, shall not be operated on the AOA at speeds in excess of 15 miles per hour, unless otherwise posted. W Vehicles operated in the baggage sort areas, around hangars. and near Aircraft shall be limited to a speed of not more than 5 miles per hour. W Vehicles shall not be operated in such a manner or within such proximity of an Aircraft as to create a hazard or interfere with the safe operation of the Aircraft. (Q) Vehicles shall not overtake or pass in front of a moving Aircraft. W Vehicles shall pass to the rear of taxiing Aircraft and come no closer than 300 feet to a taxiing or towed Aircraft, ill Vehicles may not be left running and unattended on the AOA. Exceptions include Vehicles that must be left running for the purpose of servicing an Aircraft. In those cases. the Vehicle must have the parking brake engaged and/or wheel chocks in place. {g) All Vehicle Operators should display courtesy to taxiing Aircraft during ni9httime hours by angling their Vehicles so that headlight beams do not directly impact Aircraft cockpit areas. (h) The Airport Director may restrict Vehicles to a certain portionCs) or segmentCs) of the AOA. Such restrictions shall prohibit Vehicle operations outside designated areaCs), ill Manually controlled gates that provide access to the AOA shall be kept closed and locked at all times except when actually in use. ill When automatic gates are used. Vehicle Operators must stop the Vehicle and allow the gate to fully close behind them before proceeding. The Vehicle Operator must also ensure that no other Vehicles or persons gain access to the Airport while the gate is in the process of closing and/or not fully closed. If the Vehicle Operator cannot prevent such access the Vehicle Operator must immediately notify the Airport Director or 911, Section 1- 2.3 -73. Movement area. (g) Vehicles operating in the Movement Area except for Emergency Vehicles. must be readily identified by a sign on the Vehicle and be equipped with an approved and fully operational amber rotating beacon on the roof or uppermost point of the Vehicle providin9 visibility in a 360 degree radius all in compliance with AC Str~eI( tnrð~gh passages are deleted. 50 Underlined passaQes are added. 150/5210-5B unless specifically exempted from this requirement by the Airport Director. Such Vehicles shall meet the following requirements: ill The Vehicle must display a current Airport issued Vehicle Permit ill Operator's name or logo must be displayed on Vehicle m The beacon shall be activated by the Vehicle Operator prior to entering the Movement Area and shall remain in operation while the Vehicle is in the Movement Area. ill The Vehicle must be equipped with a functioning two-way radio capable of communicating on the proper aeronautical frequencies (ranging from 108,00 to 136.00), Lb.) In the event a Vehicle in the Movement Area experiences radio failure the Vehicle must vacate the area utilizing perimeter roadways or other non- controlled routes. If exit via non-controlled route is not possible, the Vehicle Operator shall indicate radio failure by facing the Vehicle towards the control tower and flashing the Vehicle's headlights. Thereafter, the Vehicle Operator shall operate the Vehicle in accordance with the standard colored light signal directions given by A TC, W Vehicles should use public roads in lieu of crossing the movement area whenever possible, Runway crossings for point-to-point travel for the sole purpose of convenience sake and saving travel time are not permitted. (Q) Vehicle Operators shall obtain a clearance from A TC personnel before proceeding into the Movement Area. Upon receiving clearance Vehicle Operators shall ensure that no Aircraft is approaching before entering the Movement Area, After obtaining Permission. a Vehicle that is not operated on the Airport on a regular basis may enter the Movement Area provided that such Vehicle is escorted at all times (while in the Movement Area) bv an authorized Vehicle having radio contact with A TC, W When construction-related Vehicles are required to enter or work within the Movement Area, such Vehicles will be marked with an approved orange and white checkered flag (for daytime operations) or an amber beacon (for nighttime operations), ill If the construction Vehicle is not equipped with a two wav radio capable of communicating on the proper aeronautical frequencies. the Vehicle shall be escorted at all times (while in the Movement Area) by an Airport authorized Vehicle having radio contact with A TC or have a flagman (with a two way radio capable of communicating on the proper aeronautical frequencies) stationed at the area(s) designated bv the Airport Director to give instructions to the Vehicle. (g) Vehicle Operators operating in the Movement Area must be conversant with proper radio communication, standard colored light signals, regardless of whether or not the Vehicle is radio equipped, and must have a thorough ,gt~~eI( tl.r6~g" passages are deleted. 51 Underlined passaQes are added. k knowledge of runway and Taxiway configuration, Section 1-23.-74. Accidents or incidents. (Q) A Vehicle Operator involved in an Accident on the Airport resulting in any iniury (or death) to person or damage to Property shall: ill Stop the Vehicle at the scene (or as close as possible to the scene without unnecessarily obstructing traffic or creating a safety hazard), ill Render reasonable assistance. if capable. to any person injured in the Accident. ill Immediately report the Accident to the Sheriff's Department. ill If on the Movement Area. the Airport Director must also be notified immediately. @ Provide and surrender the following to any Airport personnel. A. Name. address, and contact information B. State driver's license C, Airport Identification Badge D. Information necessary to complete a Vehicle Accident report (Q) Remain at the scene until Airport personnel or Law Enforcement Officer takes a full report, Section 1-23.-75. Vehicle maintenance. Private Vehicles shall not be cleaned and/or maintained anywhere on the Airport. except for minor repairs that are necessary to remove such Vehicle(s) from the Airport. Section 1-23.-76. Parking or stopping of vehicles. (Q) Vehicles shall be Parked only in those areas designated for such purpose by the Airport Director. (Q) Vehicles shall not be Parked or stopped: ill In such a manner so as to obstruct a parking lot lane. driveway, roadway. walkway, crosswalk, fire lane, runway, Taxiway. Taxilane, and/or obstruct access to hangars Parked Aircraft. and/or parked Vehicles; ill Within four feet of either side of a security fence: ill On unpaved or grassed areas (unless specifically designated for parking); or ill Other than in accordance with restrictions posted on authorized signs. Stp~ðl( tkPð~gk passages are deleted. 52 Underlined passac¡es are added. W Vehicles. other than those loading and unloading Aircraft, shall not stop for loading. unloading, or any other purpose on the Airport other than in the areas specifically established for loading, unloading, and/or Parking and only in the manner prescribed by signs, lines, or other means, úD Displaying Vehicles and ground support equipment for sale at the Airport is prohibited unless otherwise approved in writing by the Airport Director. W Boats, jet skis, dune buggies, race cars, recreational vehicles, etc, may not be permanently Parked (including overnight) or stored on the Airport unless inside a hangar or with prior Permission. However. in no circumstance will hangars be used for the primary purpose of storing non-aviation equipment. Vehicles. or recreational toys as the primary use of a hangar is for Parking an Aircraft. Section 1- 2.3 -77. Disabled. abandoned. or illegally parked vehicles. The Airport Director may tow or otherwise remove from the Airport, at the Vehicle Operator's risk and expense and without liability for damage that may result from such removal. any Vehicle: (g) That is disabled or parked in violation of these Rules and Regulations (or if the Vehicle creates a safety hazard or interferes with Airport operations);and/or (Q) That has remained stationary on the Airport in excess of 72 hours and is in a condition that would render the Vehicle inoperable, including expired license plates, missing (or flat) tire, and/or broken window. Section 1- 2.3 -78. Refueling. defueling and fuel storage. (g) Applicability ill This section in its entirety applies to those entities (Commercial or Non- Commercial) operating Refueling Vehicles and Fuel storage facilities, ill Only Sections 1-2,3-79(b), Sections 1-2,3-79( c) through Section 1-2.3- 79(d) Sections 1-2,3-79(h) - (j), Sections 1-2.3-79(I)-(m), Section 1-2.3- 79(0), and Section 1-2,3-79(p) apply to those entities engaged in Non- Commercial Self-Fueling without Refueling Vehicles and Fuel storage facilities. (Q) Regulatory Measures ill Refueling. defueling and Fuel storage on the Airport shall conform to all appropriate Regulatory Measures. NFPA guidelines, AC 150/5230-4, SWPPP and Operator's SPCC, ill Fuels shall only be stored and dispensed on the Airport by those entities operating under an Agreement approved by the County granting such permission, W Refueling, Defueling, and Fuel Storage Operations Stf~d( tnro>lgh passages are deleted. 53 Underlined passaaes are added. ill A properly trained operator shall be present (and responsive) at all times while Fuel delivery Vehicles transfer Fuel into or out of any Fuel storage facility, ill The operator shall remain within the immediate vicinity. in close proximity to and in direct view of all operating controls and equipment, ill The operator shall not leave the discharge end of any hose or hoses unattended at any time while the transfer of Fuel is in progress, ill The operator shall not block open, disengage. and/or deactivate the deadman while fueling and/or transferring Fuel. [2} Aircraft shall not be refueled or defueled in an area where Aircraft engines are operating, Aircraft (or engines) are being warmed by application of heat, or while the Aircraft is located in a hangar, (Q) All Fuel handled on the Airport shall be treated with due caution and circumspection with regard to the rights and safety of others so as not to endanger. or likely to endanger persons or Property. ill Individuals engaged in the refueling, defueling. and oil servicing of Aircraft (or Vehicles). the filling of Refueling Vehicles or dispensing equipment. or the dumping or pumping or loading of aviation Fuels (or oils) into or from Fuel (or oil) storage facilities shall exercise care and extreme caution to prevent overflow of Fuel (or oils) and/or spills. @.) In the event of a spill. Section 2.17,3 of these Rules and Regulations shall be followed, (2) Refueling Vehicles shall be positioned so that the Vehicle can be directly driven or towed away from the loading or fueling position in the event of fire or spill, ilQ) Not more than one Refueling Vehicle shall be positioned to refuel each wing of an Aircraft and not more than two Refueling Vehicles shall be positioned to service the same Aircraft. (ill Aircraft Fuel Handling shall be conducted outdoors and at least 50 feet from any hangar, facility, and any combustion and ventilation air-intake to any boiler. heater. or incinerator room or as approved by the Fire Marshall. .li.f.) Pouring or gravity transfer of Fuel from containers larger than five gallons is prohibited, A. Pumps. either hand or power operated. shall be used when Aircraft are fueled from containers larger than five gallons, ~ All containers shall be designed for the type of fuel contained therein, .Ql) Aircraft or Vehicles shall not be refueled or defueled if an electrical storm is in progress within the immediate vicinity of the Airport. il.!l When Aircraft are being refueled or defueled. the Refueling Vehicle Str~el~ tJolrough passages are deleted. 54 Underlined passaqes are added. shall be bonded to the Aircraft to equalize the voltage potential between the Refueling Vehicle and the Aircraft. 1 All hoses nozzles, spouts. funnels. and appurtenances used in refueling and defueling operations shall be FM or UL approved and shall be equipped with a bonding device to prevent ignition of volatile liquids, @ Refueling Vehicle Operators shall not operate the Vehicle in reverse anywhere on the Airport unless another person is present and capable of monitoring and directing the movement of the Vehicle, (1Q) Aircraft shall not be refueled or defueled while passengers are on board unless a passenger-loading ramp is in place at the Aircraft cabin door. the door is in the open position, and an attendant is present at or near the door, A. If an incapacitated patient is on board the Aircraft during refueling operations. Fire Department personnel and firefighting/rescue equipment must be available at the Scene. an No person shall operate any radio transmitter or receiver (or switch electrical appliances on or off in an Aircraft) during refueling or defueling unless said radio transmitter or receiver is designed for such envi ronment. í1[) Smoking is prohibited in or about any Aircraft, on any Apron, or within 100 feet of an Aircraft being fueled or defueled. f1.21 For single point refueling deadman controls or mechanism shall be utilized and shall remain in good working order at all times. A. No person shall deactivate or bypass a deadman control or mechanism at any time, (20) During refueling operations no person shall use any material or equipment that is likely to cause a spark or ignition within 50 feet of such Aircraft or Vehicle. A. Smoking, matches lighters, or any open flames are prohibited on the AOA and within 50 feet of any Aircraft, refueling Vehicle. Fuel storage facility. or any Aircraft being fueled or defueled ßU The County assumes no liability or responsibilitv for violations of any applicable refueling requirements and procedures. A. The Operator or Lessee shall be solely responsible for any violation incident to or in connection with the Operator's or Lessee's fueling storage facilities, equipment operations. and training. B. The Operator or Lessee shall reimburse the Airport for any fines. legal or court costs, incurred by the Airport for such violations. 5tr~el, thpe~9¡" passages are deleted. 55 Underlined passaQes are added. (Q) Storage of Refueling Vehicles ill Refueling Vehicles shall be stored outside and not less than 50 feet from a building (or at the distance approved by the Airport Director) unless building is designed. constructed. and used exclusively for that purpose. A. This subsection does not apply to containers with a capacity of not more than five gallons. provided that no more than one can is located within a single Vehicle and not more than two cans are located in any hangar. ß.., All handheld portable containers shall be an approved type pursuant to UFC Sec. 79.104 and legibly marked. Capacity shall conform to UFC Table No, 79.104. ill Refueling Vehicles shall be parked in a manner that provides a minimum of 10 feet of separation between Vehicles and any other Vehicle or Aircraft or within 20 feet of a storm water inlet. W Maintenance of Refueling Vehicles ill Maintenance and servicing of Refueling Vehicles shall be performed outdoors or in a building that is approved by the Airport Director and Fire Department specifically for this purpose, ill Operator or Lessees shall document and maintain Vehicle maintenance and Agency inspection records, These records shall be made available to the Airport Director upon request. ill Equipment ill Only those Fuel storage facilities and Refueling Vehicles (and equipment) that are approved under an Agreement with the County shall be used for the storage and delivery of Fuel. ill Refueling Vehicles. fueling pumps, meters, hoses. nozzles. funnels, fire extinguishers. and bonding devices used during fueling operations shall be maintained in a safe operating condition and in good working order and repair at all times, A. When said Refueling Vehicle(s) or equipment is found in a state of disrepair. malfunction, the use constitutes an undue fire or safety hazard, or is in violation of any Regulatory Measure the Operator shall discontinue the use of such Vehicles and/or equipment until repairs. replacements, or changes are made to render the same safe for continued use. ill Refueling Vehicles. equipment, and Fuel storage facilities shall be placarded, marked, and/or color coded in accordance with NFPA 407 and applicable FAA Advisory Circulars, ill Adequate and proper fire extinguishers shall be immediately available during all fueling and defueling operations. gtr~e ¡ tl,re~91. passages are deleted. 56 Underlined passaaes are added. (g) A. At least 2 carbon dioxide (or approved dry chemical) fire extinguishers (15 pounds or larger) or the types of fire extinguishers that are capable of extinguishing Category Band Category C fires shall be immediately available, 1!, All extinguishers shall be inspected and certified as required by law and all personnel involved with fueling or defueling operations shall be properly trained on the use of fire extinguishers, @ Adequate and proper absorbent and Fuel spill containment capable of damming/diking a Fuel spill shall be immediately available at all times, ill All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a bonding device to prevent ignition of volatile liquids, ill Refueling Vehicles and Vehicles utilized to deliver Fuel to the Fuel storage facility shall be sub iect to inspection by the Airport Director at any time to determine compliance with these Rules and Regulations, Fuel Storage Facilities ill The maintenance and operation of Fuel storage facilities shall meet NFPA 30. NFPA 407. and FAA regulations. and shall be approved by all Agencies who regulate the maintenance and operation of Fuel storage facilities, Further the installation of all tanks and/or facilities shall meet the requirements of the Uniform Fire Code, Article 24. m Any portable containers of more than 50 gallons shall be approved by all Agencies who regulate the storage of Fuel and may be used for a period of no more than 90 days and shall be for a specific location (or site) ~ ill All security gates leading into Fuel storage areas shall be kept closed and locked at all times except when actually in use. PART C. CREATION OF ARTICLE III (GENERAL AVIATION MINIMUM STANDARDS) OF CHAPTER 1-2.3 (AIRPORTS AND AIRCRAFT) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Article III (General Aviation Minimum Standards) of Chapter 1-2,3 of the St, Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: ARTICLE III GENERAL AVIATION MINIMUM STANDARDS Section 1- 2.3 - 79 . Purpose and scope (g) The purpose of these General Aviation Minimum Standards (Minimum SWuel( thrðllgh passages are deleted. 57 Underlined passaqes are added. Standards) is to encourage, promote, and ensure: (1) the delivery of high quality General Aviation products, services. and facilities to Airport users (2) the design and development of quality General Aviation Improvements and facilities ât the Airport: (3) safety and security, (4) the economic health of General Aviation Airport businesses. and (5) the orderly development of Airport property. ill To this end all entities desiring to engage in General Aviation Aeronautical Activities at the Airport shall be accorded reasonable opportunities. without unjust discrimination. to engage in such Activities. subject to these Minimum Standards. (Q) Aeronautical Activities may be proposed that do not fall within the categories designated herein, In any such cases. appropriate minimum standards shall be developed by the Airport Director on a case-by-case basis (in conjunction with negotiations with the Applicant) for such Activities and incorporated into the Agreement. W Specialized Aviation Service Operators (SA SO) are encouraged to be Sublessees of a Fixed Base Operator (FBO); however, if suitable land or Improvements are not available or cannot be secured from an FBO. SASOs may (if available) Sublease Improvements from another SASO lease land from the County and may request in writing to the County to construct Improvements on such land in the areas designated by the County, or lease Improvements from the County, Section 1-2.3-80. General Provisions. These Minimum Standards include all provisions provided in the General Provisions. Section 1-2.3-81. Exclusive rights. (g) In accordance with the Airport Assurances given to the federal or state government by the County as a condition to receiving federal or state funds. the granting of rights or privileges to engage in Commercial Aeronautical Activities shall not be construed in any manner as affording an Operator any Exclusive Right. other than the exclusive use of the land and/or Improvements that may be leased to the Operator, and then only to the extent provided in an Agreement. ill The presence on the Airport of only one entity engaged in a particular Commercial Aeronautical Activity does not, in and of itself. indicate that an Exclusive Right has been granted, It is the policy of the County not to enter into or promote an understanding, commitment, or express agreement to exclude other reasonably qualified entities. Accordingly. Str~elt tl.re~~h passages are deleted. 58 Underlined passaQes are added. those who desire to enter into an Agreement with the County should neither expect nor request that the County exclude others who also desire to en9age in the same or similar Activities. The opportunity to engage in a Commercial Aeronautical Activity shall be made available to those entities meetin9 the qualifications and the requirements set forth in these Minimum Standards and as space may be available at the Airport to support such Activity provided such use is consistent with the current and planned uses of Airport land and Improvements and is in the best interest of the County. A. If the FAA determines that any provision of these Minimum Standards, Agreement. or a practice constitutes a grant of a prohibited Exclusive Right. such provision or practice shall be deemed null and void and/or such practice shall be discontinued immediately, Section 1-2.3-82. Land use. The County reserves the right to designate specific Airport areas in which Commercial and Non-Commercial Aeronautical Activities may be conducted, Such designation shall give consideration to the nature and extent of the Activities. the land and Improvements that are available, and the preferred development of the Airport as described in the most recently completed Master Plan, Airport Layout Plan. and/or a land use plan, Section 1-2.3-83. Applicability. fg) These Minimum Standards specify the standards and requirements that must be met by any entity desiring to engage in one or more General Aviation Aeronautical Activities at the Airport, ill Throughout these Minimum Standards. the words "standards" or "requirements" shall be understood to be modified by the word "minimum" except where explicitly stated otherwise. Any required determinations. interpretations or judgments regardin9 what constitutes an acceptable minimum standard. or regarding compliance with such standard, shall be made by the County. All entities are encouraged to exceed the applicable minimum standards. íQ) These Minimum Standards shall apply to any new Agreement. Operator or Improvements relating to the occupancy or use of Airport land or Improvements for General Aviation Aeronautical Activities, 5tr~d( thre~gh passages are deleted. 59 Underlined passaQes are added. ill If an existing Operator (whether a Lessee or Sublessee) desires to substantially amend an existing Agreement (or sublease) to materially change its permitted Aeronautical Activities, the County shall. as a condition of its approval of such change, require the entity to comply with these Minimum Standards as they apply to the new Aeronautical Activity, ill These Minimum Standards shall not affect any Agreement or amendment to such Agreement (or sublease) properly executed prior to the date of promulgation of these Minimum Standards except as provided for in such Agreement (or sublease), in which case these Minimum Standards shall apply to the extent permitted by such Agreement (or Sublease). ill Upon termination of an Agreement (or sublease), the Operator shall be required to comply with these Minimum Standards upon execution of a new Agreement, However. Sub lessees that enter into a renewal sublease for the same facilities to engage in the same Aeronautical Activities shall not be required to comply with these Minimum Standards, ill These Minimum Standards shall not be deemed to modify any existing Agreement (or sublease) under which an entity is required to exceed these Minimum Standards, nor shall they prohibit the County from entering into or enforcing an Agreement (or sublease) that requires an entity to exceed the Minimum Standards, (2) If these Minimum Standards are amended after Operator enters into an Agreement with the County, the Operator shall not be required to increase Operator's Leased Premises or construct additional Improvements to be in compliance with the amended Minimum Standards for all existing facilities. Section 1-2.3-84. General requirements. {g} Introduction ill Operators engaging in Aeronautical Activities at the Airport shall meet or exceed the requirements of this Section 2 as well as the minimum standards applicable to the Operator's Activities as set forth in subsequent sections. (Q.) Experience/Capabilitv ill Operator shall. in the judgment of the County, demonstrate before and during the term of the Agreement, the following: A. The capability of providing the proposed products, services, and facilities and engaging in the proposed Activities in a safe Stl ~d{ tl.r.~9h passages are deleted. 60 Underlined passaoes are added. efficient, courteous, prompt. and workmanlike manner in service to and to the benefit of the public, and, ß., The financial and technical responsibility, capability, and integrity to develop and maintain Improvements; procure and maintain required Vehicles. Equipment and/or Aircraft; employ proper level of personnel; and engage in the Activity, W Agreement approval. ill No entity shall engage in an Activity unless the entity has an Agreement with the County authorizing such Activity or the entity has received written approval (consent) from the County to Sublease land or Improvements from an authorized Operator and conduct the Activity at the Airport. ill Except as provided for in Section 1-2,3-84. an Agreement shall not reduce or limit Operator's obligations with respect to these Minimum Standards. (Q) Payment of Rents. Fees, and Charges ill Operator shall pay the rents, fees. or other charges specif ied by the County for engaging in Activities. ill Operator's failure to remain Current in the payment of any and all rents fees, charges. and other sums due to the County shall be grounds for revocation of the Agreement or approval authorizing the conduct of Activities at the Airport. W Leased Premises ill Operator shall lease sufficient land and/or lease, Sublease, or construct sufficient Improvements for the Activity as stipulated in these Minimum Standards, A. Each SASO and Non-Commercial Storage Operator with an Agreement shall lease a minimum of 87.120 square feet (2 acres) of Contiguous Land, upon which all required Improvements including Apron, Paved Tiedown. facilities, and Vehicle Parking shall be located. B. Improvements shall comply at all times with all applicable Regulatory Measures pertaining, but not limited, to drainage, building setbacks, and available Vehicle Parking. C. Construction of any Improvements must be approved in advance by the Airport Director, D, Leased Premises that are used for Commercial purposes and require public access shall have direct public streetside access, ill Apron/Paved Tiedowns ill Aprons/Paved Tiedowns (if required) must have adequate size and weight bearing capacity to accommodate the movement staging, and Str~<i( t¡'re~g¡' passages are deleted. 61 Underlined passaQes are added. Parking of Operator's. Operator's Sub lessees' and customers Aircraft without interfering with the movement of Aircraft in and out of other facilities and Aircraft operating in Taxilanes or Taxiways. (£) Aprons associated with hangars shall be equal to one and one-half times the hangar square footage or adequate to accommodate the movement of Aircraft into and out of the hangar, staging. and Parking of customer and/or Operator Aircraft without interfering with the movement of Aircraft in and out of other facilities and Aircraft operating in Taxilanes or Taxiways. fg) Vehicle Parking ill Paved Vehicle Parking shall meet all Regulatory Measures and be sufficient to accommodate all Operator's and Operator's Sub lessees' (if Subleasing facilities) customers, employees, visitors, vendors. and suppliers Vehicles on a daily basis. (£) Paved Vehicle Parking shall be on Operator's Leased Premises and/or located in close proximity to Operator's main facility, æ On-street Vehicle Parking is not allowed. (b.) Products, Services. and Facilities ill Products, services. and facilities shall be provided on a reasonable. and not unjustly discriminatory, basis to all consumers and users of the Airport, (£) Operator shall charge reasonable. and not unjustly discriminatorv. prices for each product. service. or facility. provided that, Operator may be allowed to make reasonable discounts, rebates, or other similar types of price reductions to volume purchasers. æ Operator shall conduct its Activities on and from the Leased Premises in a safe efficient and first class professional manner consistent with the degree of care and skill exercised by experienced operators providing comparable products. services. and facilities and engaging in similar Activities from similar Leased Premises in like markets, ill Non-Discrimination ill Operator shall not discriminate against any person or class of persons by reason of race. creed. color, national origin. sex, age. or physical handicap in providing any products or services or in the use of any of its facilities provided for the public, or in any manner prohibited by applicable Regulatory Measures including without limitation Part 21 of the rules and regulations of the office of the Secretarv of Transportation effectuating Title VI of the Civil Rights Act of 1964, as amended or reenacted. (£) In the event of noncompliance with this subsection the County shall take such action as the federal government may direct to enforce such Stp~eh tkpe~gh passages are deleted. 62 Underlined )QssaQes are added. compliance, W Licenses. Permits. Certifications and Ratings ill Operator and Operator's personnel shall obtain and comply with. at Operator's sole expense, all necessary licenses. permits, certifications. or ratings required for the conduct of Operator's Activities at the Airport as required by the County or any other duly authorized Agency prior to engaging in any Activity at the Airport. Upon request. Operator shall provide copies of such licenses. permits. certifications, or ratings to the Airport Director within 10 business days. A, Cost(s) associated with obtaining Operator (not Operator's personnel) licenses, permits, certifications or ratings required for the conduct of Operator's Activities shall be borne solely by Operator, ~ Operator shall keep in effect and post in a prominent place all necessary or required licenses. permits, certifications. or ratings. (k) Personnel ill Operator shall provide a responsible person on the Leased Premises to supervise Activities and such person shall be qualified and authorized to represent and act for and on behalf of Operator during all hours of Activities with respect to the method. manner. and conduct of the Operator and Operator's Activities. ill Operator shall have in its employ. on duty, and on the Leased Premises during hours of Activity, properly trained. qualified. and courteous personnel in such numbers as are required to meet these Minimum Standards and to meet the reasonable demands of the aviation public for each Activity being conducted in a safe. secure, efficient. courteous and prompt manner. ill Operator shall control the conduct. demeanor. and appearance of their employees. It shall be the responsibility of the Operator to maintain close supervision over Operator's employees to ensure that a high standard of products. services and facilities are provided in a safe. secure, efficient, courteous. and prompt manner. ill Aircraft, Equipment. and Vehicles ill All required Aircraft, Equipment, and Vehicles must be fully operational. functional. and availableat all times and capable of providing all required products and services. A. Aircraft Equipment and Vehicles can be temporarily unavailable due to routine or emergency maintenance so long as appropriate measures are taken to return the Aircraft. Equipment or Vehicle to service as soon as possible, gtr~e ¡ thrð~91. passages are deleted. 63 Underlined passaQes are added. 't ~ Operator shall have at least one required Aircraft. Equipment, and/or Vehicle in a fully operational/functional condition at all times. (m} Hours of Activity ill Hours of activity shall be clearly posted in public view using appropriate (and professional) signage. ill If exterior signage is utilized. it must be approved in advance by the Airport Director, in) Security ill Operator shall designate a responsible person for the coordination of all security procedures and communications and provide point-of-contact information to the Airport Director including the name of the primary and secondary contacts and a 24-hour telephone number for both contacts. ill Operator. shall install fencing doors, gates, lighting, access card reader, and locks in accordance with the Airport's security system program and maintain same in good condition at all times. æ Operator shall not remove any Airport locks. ill Operator must comply with all applicable reporting requirements (as established by the County, FAA. TSA. and law enforcement Agencies). (Q) Insurance ill Operator shall procure. maintain, and pay premiums during the term of an Agreement for insurance policies required by Regulatory Measures and the types and minimum limits set forth in Attachment A (Minimum Insurance Requirements) of these Minimum Standards for each Activity. The insurance company or companies underwriting the required policies shall be licensed (with a Best rating of A-7) or authorized to write such insurance in the State of Florida or be approved in writing by the St, Lucie County Board of County Commissioners (BOCC), A. When coverages or limits set forth herein are not commercially available, appropriate replacement coverages or limits must be approved, in advance. by the County, ill When coverages or limits set forth herein are not economically viable for the proposed Activity, Operator may request a variance (as outlined in Section 1-2.3-31), æ When Operator engages in more than one Activity, the minimum limits shall be established by the County and may vary depending upon the nature of each Activity or combination of Activities, but shall not necessarily be cumulative in all instances. While it may not be necessary for Operator to carry insurance policies for the combined total of the 5tr~eh tkrs~§k passages are deleted. 64 Underlined passaQe5 are added. , minimum requirements of each Activity. Operator shall procure and maintain insurance for all exposures in amounts at least equal to the greatest of the required minimum or as established by the County, íi) All insurance, which Operator is required by the County to carry and keep in force. shall name St. Lucie County. St. Lucie County International Airport, and the St. Lucie County Board of County Commissioners individually and collectively and their representatives. officers. officials. employees, agents, and volunteers as additional insured. @ Liability policies shall contain. or be endorsed to contain. the following provisions: A. The St, Lucie County St. Lucie County International Airport. and the St. Lucie County Board of County Commissioners, individually and collectively. and their representatives. officers officials, employees agents. and volunteers are to be covered as additional insured with respect to: liability arising out of Activities performed by or on behalf of Operator; products and services of Operator: premises owned. leased. occupied. or used by Operator: or vehicles, equipment. or aircraft owned. leased, hired. or borrowed by Operator. Any insurance or self-insurance maintained by St. Lucie County, the St, Lucie County International Airport. and the St. Lucie County Board of County Commissioners. individually and collectively, and their representatives, officers, officials. employees, agents, and volunteers shall be excess of Operator's and shall not contribute with it," B, "Any failure to comply with reporting or other provisions of the policies, including breaches of warranties. shall not affect coverage provided to St. Lucie County, the St, Lucie County International Airport. and the St, Lucie County Board of County Commissioners. individually and collectively and their representatives, officers. officials. employees, agents, and volunteers, Operator's insurance shall apply separately to each insured against whom claim is made or suit is brought. except with respect to the aggregate limits of the insurer's liability." C. "Coverage shall not be suspended voided, or cancelled by either party or reduced in coverage or in limits except after 30 days prior written notice by certified mail. return receipt requested. has been given to the County," (Q) Certificates of Insurance for the insurance required by Regulatory Measures and set forth by these Minimum Standards for each Activity Str~cl( tkre~gh passages are deleted. 65 Under ¡ ned passaaes are added. r shall be delivered to the Airport Director upon execution of any Agreement or approval. Operator shall furnish additional Certificates of Insurance 30 days prior to any changes in coverage if the change results in a reduction. Current proof of insurance shall be continually provided to the County throughout the term of the Agreement, ill The limits stipulated herein for each Activity represent the minimum coverage and policy limits that shall be maintained by the Operator to engage in Activities at the Airport, Operators are encouraged to secure higher policy limits, LID Any self-insured Operator shall furnish evidence of such self-insurance and shall hold St, Lucie County. the St. Lucie County International Airport. and the St. Lucie County Board of County Commissioners harmless in the eyent of any claims or litigation arising out of its Activities at the Airport. Such evidence shall be reviewed and approved in writing by the BOCC. (2) Operator shall. at its sole expense cause all Improvements on the Leased Premises to be kept insured to the full (or highest) insurable value (current replacement cost with no depreciation) thereof against the perils of fire. lightning. wind, hail. flood, extended coverage, and/or vandalism. The proceeds of any such insurance paid on account for any of the aforementioned perils. shall be used to defray the cost of repairing, restoring. or reconstructing said facilities or Improvements to the condition and location existing prior to the casualty causing the damage or destruction. unless a change in design or location is approved in writing by the BOCC. (!Q) Operator with known environmental contamination exposures shall be required to secure appropriate environmental liability insurance with coverage limits appropriate for the type and level of environmental contamination exposure risk, W Indemnification and Hold Harmless ill Operator shall defend, indemnify. save, protect, and hold harmless St. Lucie County. St. Lucie County International Airport. and the St. Lucie County Board of County Commissioners. individually and collectively, and their representatives. officers, officials employees, agents, and volunteers from any and all claims. demands. damages. fines. obligations. suits, judgments. penalties, causes of action, losses liabilities, administrative proceedings. arbitration. or costs at any time received incurred, or accrued by St. Lucie County, the St, Lucie County International Airport. and the St. Lucie County Board of County Commissioners. individually and collectively, and their representatives. officers, officials. employees, agents. and volunteers as a result of. or Str~d( thrß~9h passages are deleted. 66 Underlined passaqes are added. arising out of Operator's actions or inaction. In the event a party indemnified hereunder is in part responsible for the loss. the indemnitor shall not be relieved of the obligation to indemnify; however, in such a case, liability shall be shared in accordance with state of Florida principles of comparative fault. (£) The Operator shall accept total responsibility, indemnify, and hold harmless St, Lucie County, the St, Lucie County International Airport, and the St. Lucie County Board of County Commissioners, individually and collectively. and their representatives officers, officials, employees. agents, and volunteers in the event of an environmental contaminating accident or incident caused by Operator. its employees, its vendors or any other personnel used by the Operator to maintain Operator's facilities, Vehicles, Equipment, or Aircraft. .@) Nothing herein shall constitute a waiver of any protection available to St. Lucie County. the St, Lucie County International Airport. and the St. Lucie County Board of County Commissioners, individually and collectively. and their representatives, officers. officials. employees. agents, and volunteers under the state of Florida governmental immunity act or similar statutory provision, .LV Taxes ill Operator shall. at its sole cost and expense, pay all taxes fees. and other charges that may be levied, assessed. or charged by any duly authorized Agency associated with Operator's Leased Premises (land and/or Improvements). Operator's Improvements on Leased Premises. and/or Operator's Activities, ~ Multiple Activities ill When more than one Activity is conducted at the Airport, the minimum standards shall be established by the Airport Director, ill Depending upon the nature of the combined Activities. the minimum standards shall not be: A. Less than the highest standard for each element (e,g.. land. hangar. office, shop, etc.) within the combined Activities, or B. Greater than the cumulative standards for all of the combined Activities. Section 1-2.3-85. Fixed Base Operator (FBO) (g) Introduction ill A Fixed Base Operator (FBO) is a Commercial Operator engaged in the sale of products, services. and facilities to include. at a minimum. the following Activities at the Airport: aviation Fuels and lubricants (Jet Stp~el( t¡'rð~9¡' passages are deleted. 67 Underlined passaQes are added. Fuel. Avgas. and Aircraft lubricants); passenger, crew. and Aircraft ground services. support. and amenities; Aircraft Maintenance; sale of Aircraft parts and accessories Aircraft Parking; and rental Tiedown and hangar. ill In addition to the General Requirements set forth in Section 1-2.3-84. each Fixed Base Operator at the Airport shall comply with the following minimum standards set forth in this Section 3. Section 1-2.3-86. Scope of activity. (g) Unless otherwise stated in these Minimum Standards. all required products and services shall be provided by FBO's Employees using FBO's Vehicles and Equipment, (Q) FBO's products and services shall include the following: ill Aviation Fuels and Lubricants (Jet Fuel. Avgas, and Aircraft Lubricants): A. FBO shall deliver and dispense, upon request. Jet Fuel. Avgas. and Aircraft lubricants into all General Aviation Aircraft normally frequenting the Airport. B. FBO shall provide a response time of no more than 30 minutes during required hours of activity (excepting situations beyond the control of the FBO). ill Passenger, Crew, and Aircraft Ground Services. Support. and Amenities A. FBO shall meet direct and park all Aircraft arriving on FBO's Leased Premises, B, FBO shall provide parking and Tiedown of Aircraft upon the FBO's Leased Premises. C, FBO shall provide hangar storage of Aircraft, to include in-out service. D, FBO shall provide arrival and departure services for Aircraft using FBO's Leased Premises. E. FBO shall provide oxygen. nitrogen. and compressed air services. These services may be provided through arrangement with an Aircraft Maintenance Operator, E FBO shall provide lavatory services. G, FBO shall make available aircraft ground power units. H, FBO shall make available crew and passenger ground transportation arrangements (limousine, shuttle, and rental car). r. FBO shall make available Aircraft catering arrangements. .@) Aircraft Maintenance: A. FBO shall provide Aircraft Maintenance (as defined by 14 CFR StPtlel( tkpe~~k passages are deleted. 68 Underlined passaQes are added. Part 43) for Group I and Group II Piston Aircraft and Group I Turboprop Aircraft, B, FBO shall be able to provide Aircraft Line Maintenance for General Aviation Aircraft up to Group III Turbojet Aircraft not exceeding 60.000 pounds maximum takeoff weight. C. FBO can meet these Minimum Standards for the provision of Aircraft Maintenance by and through an entity who meets the minimum standards for Aircraft Maintenance Operator. ill Aircraft Storage A. FBO shall develop, own. and/or lease facilities for the purpose of Subleasing Aircraft storage facilities and associated office or shop space to entities engaging in Commercial or Non- Commercial Aeronautical Activities, W Leased Premises ill FBO shall have adequate land (see Section 2,5,1). Apron/Paved Tiedown (see Section 2.5.2). facilities (hangars. terminal. maintenance, and Fuel storage), and Vehicle Parking (see Section 2.5.3) to accommodate all Activities of FBO and all approved Sublessees, but not less than the following: A. Contiguous Land - ten (10) acres (435 600 square feet), upon which all required Improvements including Apron Paved Tiedown, facilities, and Vehicle Parking shall be located. -ª.. Apron - 5.7 acres (250,000 square feet). with a weight bearing capacity adequate to accommodate the largest Aircraft handled or serviced by FBO, C. Paved Tiedown - adequate to accommodate the number. type and size of Based Aircraft and Transient Aircraft requiring Tiedown space at the FBO's Leased Premises. but not less than thirty (30) Paved Tiedown spaces, D. Facilities shall contain a minimum of 33.300 square feet (total) consisting of the following: 1, Terminal space - 2.000 square feet Customer area shall include adequate space for crew and passenger lounge(s). flight planning room. conference room. public use telephones, and restrooms, 2. Administrative area shall include adequate space for employee offices. work areas, and storage. ill Maintenance space - 1.500 square feet A. Maintenance customers shall have immediate access to FBO's customer lounge. public use telephones, and restrooms, B. Administrative area shall include adequate space for maintenance Str~el( t"'pe~9h passages are deleted. 69 Underlined paSSQQes are added. '~ Employee offices. C, Maintenance area shall include adequate space for maintenance Employee work areas, shop areas. and storage of Aircraft parts and equipment, ill Hangar area - 30 000 square feet A. At least 10,000 square feet of hangar space shall be dedicated to Aircraft storage (with a minimum door height of 27.5 feet and a door width of 100 feet) and 10.000 square feet shall be dedicated to the provision of Aircraft Maintenance. No single hangar shall be less than 10.000 square feet, (Q) Fuel Storage ill FBO shall construct or install and maintain an on-Airport aboveground Fuel storage facility at the Airport. unless otherwise authorized or required. in a location consistent with the Airport Master Plan. Airport Layout Plan. or other land use plan and approved by the County. ill Fuel storage facility shall have total capacity for three (3) days peak supply of aviation Fuel for Aircraft being serviced by FBO, In no event shall the total storage capacity be less than: A. 20000 gallons for Jet Fuel storage B, 15,000 gallons for Avgas storage C. FBO shall have adequate storage, with appropriate secondary containment for waste Fuel or test samples (or the capability to recycle waste Fuel or test samples); D. FBO shall also demonstrate the capability of expanding its Fuel storage capacity within a reasonable time period, ill FBO shall. at its sole expense, maintain the Fuel storage facility, all Improvements thereon, and all appurtenances thereto in a clean. neat. orderly. and fully functional condition consistent with good business practice and equal or better than in appearance and character to other similar Improvements on the Airport. ill FBO shall have a written Spill Prevention. Control and Countermeasures Plan (" SPCC Plan") that meets Regulatory Measures for aboveground Fuel storage facilities. An updated copy of the SPCC Plan shall be provided to the Airport Director on request, (2) FBO shall be liable and indemnify the County for all leaks, spills or other damage that may result through the handling and dispensing of Fuel. ill Fuel delivered/dispensed by FBO shall meet quality specifications as outlined in ASTM D 1655 (Jet A) and ASTM D 1910 (Avgas), Ensuring the quality of the Fuel is the responsibility of FBO. ill FBO shall report all Fuel delivered to the FBO, including total gallons of Stp~el( t¡"pe~9h passages are deleted. 70 Underlined passaQes are added. Fuel delivered by type and make during each calendar month and submit a summary along with appropriate fees and charges due the County on or before the 10th day of the subsequent month. @) FBO shall maintain records identifying the total number of aviation Fuel gallons purchased and delivered, Records (and meters) shall be made available for audit to the County or representatives of the County. In the case of a discrepancy, FBO shall promptly pay in cash. all additional rates, fees, and charges due the County, plus annual interest on the unpaid balance at the maximum rate allowable by law from the date originally due W Fueling Equipment ill FBO shall have two (2) Jet Fuel Refueling Vehicles with one (1) having a capacity of at least 2,200 gallons. ill FBO shall have two (2) Avgas Refueling Vehicles having a capacity of at least 750 gallons, A fixed Avgas refueling (self-fueling) system can be substituted for an Avgas Refueling Vehicle. A. A fixed Avgas refueling (self-fueling) system constructed or installed and maintained by an FBO for public commercial use shall be in a location specified by the Airport Director. ill Aircraft Refueling Vehicles shall be equipped with metering devices that meet all applicable Regulatory Measures, One Refueling Vehicle dispensing Jet Fuel shall have over-the-wing and single point Aircraft servicing capability, All Refueling Vehicles shall be bottom loaded. ill Each Refueling Vehicle shall be equipped and maintained to comply with all applicable safety and fire prevention requirements, standards. and Regulatory Measure including without limitation, those prescribed by: A. State of Florida Fire Code and local Fire District; ª'- National Fire Protection Association (NFPA) Codes; C. Florida Environmental Protection Agency: D, 14 CFR Part 139, Airport Certification, Section 139.321 "Handling/Storing of Hazardous Substances and Materials". E, Applicable FAA Advisory Circulars (A C) including AC 00-34 "Aircraft Ground Handling and Servicing" and AC 150/5210-5 "Painting. Marking and Lighting of Vehicles Used on an Airport", ill Equipment ill FBO shall have the following equipment: A. Adequate equipment for securing Aircraft on the Apron including ropes, chains and other types of Aircraft restraining devices and wheel chocks which are required to safely secure Aircraft as described in AC 20-35C B. One (1) oxygen cart one (1) nitrogen cart, and one (1) gtp~<I, till ð~gk passages are deleted. 71 Underlined passaoes are added. compressed air unit C. Equipment may be provided through an Aircraft Maintenance Operator, D, Two (2) Aircraft tugs (and tow bars) with at least one (1) having a rated draw bar capacity sufficient to meet the towing requirement of the heaviest General Aviation Aircraft normally frequenting the Airport E. Two (2) ground power units to provide electricity to direct current (DC) F. One (1) lavatory service cart G. Spill kits including the necessary equipment and materials to contain a Fuel spill and keep it from flowing into drains or other areas H. Adequate number of approved and regularly inspected dry chemical fire extinguisher units shall be maintained within all hangars, on Apron areas, at Fuel storage facilities, and on all grounding handling and Refueling Vehicles I. All Equipment reasonably necessary for the proper performance of Aircraft Maintenance in accordance with applicable FAA regulations and manufacturers' specifications, unless provided through a third party .(g) Personnel ill Personnel, while on duty. shall be clean. neat in appearance. courteous, and at all times properly uniformed. Uniforms shall identify the name of the FaO and the employee and shall be clean, neat. professional and properly maintained at all times. A. Management and administrative personnel shall not be required to be uniformed, ill FaO shall develop and maintain Standard Operating Procedures (SOP) for Fueling and ground handling and shall ensure compliance with standards set forth in FAA Advisory Circular 00-34A "Aircraft Ground Handling and Servicing," FaO's SOP shall include a training plan, Fuel quality assurance procedures and record keeping. and emergency response procedures to Fuel fires and spills. FaO's SOP shall also address: bonding and fire protection; public protection; control of access to Fuel storage facilities; and marking and labeling of Fuel storage tanks and Refueling Vehicles. FBO's SOP shall be provided to the Airport Director upon request, ill FBO shall have two (2) properly trained and qualified Employees, on each shift. providing Aircraft Fueling, Parking and ground services and support. gt"~el( tkrB~gl. passages are deleted. 72 Underlined passaaes are added. (1) FBO shall have one (1) properly trained and qualified Employee, on each shift, to provide customer service and support, .@) FBO (or approved Sublessee) shall have one (1) Airframe and powerplant Mechanic properly trained and qualified to perform Aircraft Maintenance on Aircraft frequenting the Airport. (b.) Hours of Activity ill Aircraft Fueling and passenger. crew, and aircraft ground handling services, support. and amenities shall be continuously offered and available to meet reasonable demands of the public for this Activity seven (7) days a week, twelve hours a day (including holidays). A. These services shall also be available all other times (after hours) on-call. with a response time not to exceed 60 minutes. ill Aircraft Maintenance shall be continuously offered and available to meet reasonable demand of the public for this Activity five (5) days a week. eight hours a day, A, Aircraft Maintenance shall be available all other times (after hours), on-call. with response time not to exceed 60 minutes. ill Aircraft Removal ill Recognizing that Aircraft removal is the responsibility of the Aircraft Owner/Operator. the FBO shall be prepared to lend assistance within 30 minutes upon request in order to maintain the operational readiness of the Airport. The FBO shall prepare an Aircraft removal plan and have the Equipment Readily Available that is necessary to remove the General Aviation Aircraft normally frequenting the Airport, ill Insurance ill FBO shall maintain at a minimum, the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. Section 1-2.3-87. Aircraft Maintenance Operator (SASO) (g) Introduction ill An Aircraft Maintenance Operator is a Commercial Operator engaged in providing Aircraft Maintenance on airframes and powerplants (as defined in 14 CFR Part 43) for Aircraft other than those owned,leased. and/or operated by (and under the full and exclusive control of) the Operator which includes the sale of Aircraft parts and accessories, ill In addition to the General Requirements set forth in Section 1-2.3-84, each Aircraft Maintenance Operator at the Airport shall comply with the following minimum standards set forth in this section. ill FBOs shall comply with the minimum standards set forth above in Str~el( t¡'pe~~¡' passages are deleted. 73 Underlined passac¡es are added. Section 1-2,3-85 associated with Aircraft Maintenance, (Q) Leased Premises ill Operator engaging in this Activity shall have adequate land and Improvements as set forth in Section 1-2,3-84 to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following square footages (SF), which are not cumulative and are based upon the largest Aircraft Design Group that the Aircraft Maintenance Operator proposes to maintain: Table 1 Group I Group II Piston and Piston and Faci lities Turboprop Turboprop Aircraft Aircraft Customer Area (Lessee) 400 SF 400 SF 400 SF 400 SF Customer Area (Sublessee) Immediate Immediate Immediate Immediate Access Access Access Access . Administrative Area 200 SF 300 SF 300 SF 300 SF Maintenance Area 750 SF 1.000 SF 1,000 SF 1.250 SF Hangar 3.000 SF to,OOO SF to ,000 SF 12,000 SF A. Facilities shall include customer, administrative, maintenance, and hangar areas. 1., Customer area shall include adequate space for (or in the case of a Sublessee, immediate access to) customer lounge, public uSe telephone, and restrooms. ii. Administrative area shall include adequate and dedicated space for employee offices, work areas and storage, !!l. Maintenance area shall include adequate space for employee work areas. shop areas. and storage for Aircraft parts and equipment. !Y,. Hangar area shall be at least equal to the square footage required for the type of Aircraft Maintenance being provided (as identified above) or large enough to accommodate the largest Aircraft undergoing Aircraft Maintenance (other than preventative Aircraft Maintenance as described in 14 CFR Part 43), whichever is greater, Str~d( t"'re~gh passages are deleted. 74 Underlined passaQes are added, ill Licenses and Certification ill All Operators' personnel shall be properly certificated by the FAA. current. and hold the appropriate ratings for the work being performed. (Q) Personnel ill Operator shall provide a sufficient number of personnel to adequately and safely carry out Aircraft Maintenance in a courteous. prompt, and efficient manner and meet the reasonable demands of the public for this Activity. ill An Operator conducting Aircraft Maintenance on Piston Aircraft shall employ one (1) A & P Mechanic and one· (1) cústomer service representative as Employees (on each shift). A. A & P Mechanic and/or non-certificated mechanic may fulfill the responsibilities of the customer service representative unless mechanic is performing duties off Airport. ill An Operator conducting Aircraft Maintenance on Turboprop or Turbo jet Aircraft shall employ two (2) A & P Mechanics and one (1) customer service representative as Employees (on each shift), A. A & P Mechanic and/or non-certificated mechanic may fulfill the responsibilities of the customer service representative unless mechanic is performing duties off Airport. ill An Operator conducting 100 hour, annual or phase inspections shall employ an A & P Mechanic certified as an IA (Inspection Authority), W Equipment ill An Operator shall maintain sufficient Equipment, supplies and availability of parts as required for the type of Aircraft Maintenance being performed, ill Equipment requirements include tugs. tow bars. jacks. dollies, and other equipment. supplies, and parts required to perform the Activity. ill Hours of Activity ill Operator shall be open and services shall be available to meet reasonable demands of the public for this Activity. at least five days a week, eight hours a day. (g) Insurance ill Operator shall maintain, at a minimum. the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements, Section 1- 2.3 -88. Avionics or instrument maintenance operator (SASO) {g} Introduction ill An Avionics or Instrument Maintenance Operator is a Commercial Str~d( t¡'r.~g¡' passages are deleted. 75 Underlined passaoes are added. Operator engaged in the business of maintenance or alteration of one or more of the items described in 14 CFR Part 43, Appendix A (i.e.. Aircraft radios, electrical systems. or instruments). ill In addition to the General Requirements set forth in Section 1-2,3-84. each Avionics or Instrument Maintenance Operator at the Airport shall comply with the following minimum standards set forth in this Section 1-2.3-89. [I:ù Operator engaging in this Activity shall have adequate land. Apron. facilities, and Vehicle Parking to accommodate all Activities of the Operator and all approved Sub lessees , but not less than the following square footages. which are not cumulative. ill For Operators performing iust benchwork (i.e.. no removal and replacement services are being performed), the minimums. which are based upon the type of Aircraft avionics or instruments being tested and/or repaired. are as follows 5.2.1.2 (excluding hangar requirements) ill For Operators performing services beyond benchwork (i.eo, removal and replacement services are being performed), the minimums, which are based upon the type of Aircraft avionics or instruments being tested and/or repaired, are as follows: Table 2 Groups Groups Groups Group I and II I and II I and II III Faci lities Piston Aircraft Turboprop Turbo jet Turbo jet Aircraft Aircraft Aircraft Customer Area (Lessee) 400 SF 400 SF 400 SF 400 SF Customer Area (Sublessee) Immediate Immediate Immediate Immediate Access Access Access Access Administrative Area 200 SF 300 SF 300 SF 300 SF Maintenance Area 750 SF 1.000 SF 1.000 SF 1.250 SF Hanaar 3,000 SF 10,000 SF to.OOO SF 12 ,000 SF C-ª.) Facilities shall include customer. administrative maintenance, and hangar (if required) areas, A. Customer area shall include adequate space for customer lounge, public use telephone. and restrooms. B. Administrative area shall include adequate and dedicated space for employee offices, work areas and storage, C. Maintenance area shall include adequatespace for employee work areas, shop areas and storage for Aircraft parts and equipment. Stf~el( tRf"~9h passages are deleted. 76· Underlined passaQes are added. D. Hangar area (if required) shall be at least equal to the square footage stipulated for the type of service being provided (as identified above) or large enough to accommodate the largest Aircraft undergoing maintenance or alteration of avionics or instruments, and/or removal and replacement services. whichever is greater. W Licenses and Certifications ill Personnel shall be properly certificated by the FAA and the Federal Communications Commission (FCC), current, and hold the appropriate ratings for the work being performed. @ Personnel ill Operator shall provide a sufficient number of personnel to adequately and safely carry out Activity in a courteous. prompt, and efficient manner adequate to meet the reasonable demands of the public seeking such services. A. An Operator conducting avionics or instrument maintenance on Piston Aircraft shall employ one (1) avionics or instrument technician and one (1) customer service representative as Employees (on each shift). L Avionics or instrument technician may fulfill the responsibilities of the customer service representative unless avionics or instrument technician is performing duties off Airport, B. An Operator conducting avionics or instrument maintenance on Turboprop or Turbojet Aircraft shall employ two (2) avionics or instrument technicians and one (1) customer service representative as Employees (on each shift), I. An avionics or instrument technician may fulfill the responsibilities of the customer service representative unless both avionics or instrument technicians are performing duties off Airport, W Equipment ill An Operator conducting Avionics or Instrument Maintenance on Group I and/or Group II Turboprop or Turbo jet Airport shall provide sufficient shop space, Equipment, supplies. and availability of parts as required for certification as an FAA Repair Station. ill Operator shall provide sufficient Equipment, supplies, and availability of parts to safely accommodate its largest serviced Aircraft. ill Hours of Activity ill Operator shall be open and services shall be available to meet the reasonable demands of the general public for this Activity five days a Str~el( tkrð~gk passages are deleted. 77 Underlined passaQes are added. week, eight hours a day. (g) Insurance ill Operator shall maintain. at a minimum. the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. Section 1-2.3-89. Aircraft rental or flight training operator (SASO) (g) Introduction ill An Aircraft Rental Operator is a Commercial Operator engaged in the rental of Aircraft to the general public. ill A Flight Training Operator is a Commercial Operator engaged in providing Flight Training to the general public, A. A person holding a current FAA flight instructor's certificate. who gives occasional Flight Training (does not make Flight Training available to the general public) to an owner of an Aircraft in the owner's Aircraft. shall not be deemed a Commercial Activity. .@) In addition to the General Requirements set forth in Section 1-2,3-84. each Aircraft Rental or Flight Training Operator at the Airport shall comply with the following minimum standards set forth in this section, [!;ù Leased Premises ill Operator engaging in this Activity shall have adequate land, Apron/Paved Tiedown. facilities. and Vehicle Parking to accommodate all Activities of the Operator and all approved Sublessee(s). but not less than the following: A. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 feet, I, If Operator utilizes a hangar for the storage of Operator's entire fleet of Aircraft at the Airport Paved Tiedowns are not required. B, Facilities shall . include customer and administrative areas, Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned, leased. and/or operated by (and under the full and exclusive control of) Operator, If Operator provides Aircraft Maintenance on other Aircraft Operator shall meet the minimum standards for an Aircraft Maintenance Operator, I. Customer area (Lessee) shall be at least 500 square feet to include adequate space for customer lounge. &tr~eh t~pe~gh passages are deleted. 78 Underlined passaQes are added. class/training rooms, public use telephone.and restrooms. A copy of the Airport's Voluntary Noise Abatement Program shall be posted in the customer area. ii. Customer area (Sublessee) shall be at least 250 square feet to include adequate space for class/training rooms, Operator's customers shall have immediate access to customer lounge public use telephone. and restrooms, !!L. Administrative area shall be at least 300 square feet to include adequate and dedicated space for employee offices, work areas. and storage. iv. Hangar area (Lessee), if required. shall be at least 2,500 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, whichever is greater. v, Hangar area (Sublessee), if required. shall be large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, vi. Maintenance area. if required. shall be at least 250 square feet to include adequate space for employee work areas. shop areas, and storage for Aircraft parts and equipment, W Licenses and Certifications ill Personnel performing Aircraft proficiency checks and/or Flight Training shall be properly certificated by the FAA current. and hold the appropriate ratings and medical certification for the Aircraft being utilized and/or Flight Training being provided, A. Flight Training Operators shall have at least one (1) flight instructor with the appropriate ratings and medical certification to provide Flight Training for an instrument rating. íQ) Personnel ill Operator shall provide a sufficient number of personnel to adequately and safely carry out Aircraft rental and/or Flight Training in a courteous. prompt. and efficient manner adequate to meet the reasonable demands of the public/members seeking such services. A. Operator shall employ one (1) flight instructor and one (1) customer service representative as Employees to be available during required Hours of Activity as set forth above. r. One of the required flight instructors may fulfill the responsibilities of the customer service representative unless the flight instructor is performing duties off- Airport. St"~eh th"8~gM passages are deleted. 79 Underlined passaQes are added. ß.., Flight Training Operators shall have available a properly certificated ground school instructor capable of providing on- demand ground school instruction sufficient to enable students to pass the FAA written examinations for private pilot commercial pilot. and instrument rating. W Equipment ill Operator shall have available for rental or use in Flight Training. either owned by or under written lease to Operator and under the full and exclusive control of Operator. no less than three (3) properly certified and currently airworthy Piston Aircraft at least one of which shall be equipped for and fully capable of flight under instrument conditions and one of which shall be a multi-engine Aircraft, ill Flight Training Operators shall provide, at a minimum, adequate mock- ups. still and motion pictures, or other training aids necessary to provide proper and effective ground school instruction, ill Hours of Activity ill An Aircraft Rental Operator and a Flight Training Operator shall be open and services shall be available to meet the reasonable demands of the public for this Activity five days a week, eight hours a day, ill An Aircraft Rental Operator and a Flight Training Operator shall provide a copy of the Airport's Voluntary Noise Abatement Program brochure to all lessees and students and shall instruct them on the provisions of the program. (g) Insurance ill Operator shall maintain. at a minimum the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements, ill Disc losure Requ i rement: Any Operator conducting Aircraft rental, sales. or Flight Training shall post a notice and incorporate within the rental and Flight Training agreements the coverage and limits provided to the renter or student by Operator as well as a statement advising that additional coverage is available to such renter or student through the purchase of an individual non-ownership liability policy, Operator shall provide a copy of such notice to the Airport Director. Section 1-2.3-90. Aircraft charter or aircraft management operator (SASO) !ill Introduction ill An Aircraft Charter Operator is a Commercial Operator engaged in on- demand common carriage for persons or Property (as defined in 14 CFR Part 135) or operates in private carriage under 14 CFR Part 125. Str~eI, tl.retlgh passages are deleted. 80 Underlined passaQes are added. ill An Aircraft Management Operator is a Commercial Operator engaged in the business of providing Aircraft management including, but not limited to, flight dispatch, flight crews. or Aircraft Maintenance coordination to the general public. m In addition to the General Requirements set forth in Section 1-2.3-84, each Aircraft Charter Operator and Aircraft Management Operator at the Airport shall comply with the following minimum standards set forth in this Section, .ili1 Leased Premises ill Operator engaging in this Activity shall have adequate land (see Section 2.5.1), Apron/Paved Tiedown (see Section 2.5,2), facilities, and Vehicle Parking (see Section 2,5,3) to accommodate all Activities of the Operator and all approved Sublessee(s), but not less than the following: A. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate two (2) Aircraft having a minimum wingspan of 40 feet. I. If Operator utilizes a hangar for the storage of Operator's entire fleet at the Airport, no Paved Tiedowns will be required. B, facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned, leased, and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft, Operator shall meet the minimum standards for an Aircraft Maintenance Operator. I. Customer area (Lessee) shall be at least 250 square feet to include adequate space for customer lounge. public use telephone. and restrooms. ii. Customer area (Sublessee): Customers shall have immediate access to customer lounge (if appropriate). public use telephone, and restrooms, iii Administrative area shall be at least 250 square feet and shall include adequate and dedicated space for employee offices, work areas, and storage, iv, Hangar area (Lessee) if required, shall be at least 2.500 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, whichever is greater. v, Hangar area (Sublessee), if required, shall be large enough to accommodate the largest Aircraft in St~~ah thPðij!Jh passages are deleted. 81 Underlined passaQes are added. Operator's fleet at the Airport maintained by Operator. Yl Maintenance area, if required, shall be at least 250 square feet and shall include adequate space for employee work areas, shop areas. and storage for Aircraft parts and equipment. W Licenses and Certifications ill Aircraft Charter Operators shall have and provide copies to the Airport Director of all appropriate certifications and approvals, including without limitation, FAA issued operating certificate(s), Any time certifications or approvals are modified, the updated documentation (reflecting the changes) shall be immediately provided to the Airport Director, ill Personnel shall be properly certificated by the FAA, current. and hold the appropriate ratings in the Aircraft utilized and medical certifications for Activity. !Q1 Personnel ill Operator shall provide a sufficient number of personnel to adequately and safely carry out Activity in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the public seeking such services, A. Aircraft Charter Operator shall employ one (1) pilot and one (1) customer service representative as Employees (on each shift). I. The pilot may fulfill the responsibilities of the customer service representative unless the pilot is performing duties off-Airport B. Aircraft Management Operator shall employ one (1) customer service representative as an Employee (on each shift), W Equipment ill Aircraft Charter Operator shall provide, either owned or under written lease to Operator and under the full and exclusive control of Operator, one (1) certified, continuous Iv airworthy, and instrument qualified Aircraft. ill Hours of Activity ill Operator shall be open and services shall be available to meet the reasonable demands of the public for this Activity five days a week. eight hours a day, (g) Insurance ill Operator shall maintain. at a minimum. the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements, Str~el[ tkr'~gh passages are deleted. 82 Underlined passaQes are added, Section 1-2.3-91. Aircraft sales operator (SASO) (g) Introduction ill An Aircraft Sales Operator is a Commercial Operator engaged in the sale of three (3) or more new and/or used Aircraft during a 12-month period, ill In addition to the General Requirements set forth in Section 1-2.3-84, each Aircraft Sales Operator at the Airport shall comply with the following minimum standards set forth in this Section 8. (Q) Leased Premises ill Operator engaging in this Activity shall have adequate land. Apron/Paved Tiedown facilities, and Vehicle Parking to accommodate all Activities of the Operator and all approved Sublessee(s), but not less than the following: A. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 feet. 1. If Operator utilizes a hangar for the storage of Operator's entire fleet at the Airport (inventory), no Paved Tiedowns will be required, B. Facilities shall include customer and administrative areas, Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned. leased, and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft, Operator shall meet the minimum standards for an Aircraft Maintenance Operator, 1. Customer area (Lessee) shall be at least 250 square feet and shall include adequate space for customer lounge. public use telephone, and restrooms. !L. Customer area (Sublessee): Customers shall have immediate access to customer lounge (if appropriate), public use telephone. and restrooms, iii. Administrative area shall be at least 250 square feet and shall include adequate and dedicated space for employee offices. work areas, and storage, iv. Hangar area (Lessee), if required shall be at least 2,500 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator. whichever is greater, v. Hangar area (Sublessee), if required, shall be large gt-r~el( thretlgh passages are deleted. 83 Underlined tJQssaQes are added. enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, vi. Maintenance area, if required shall be at least 250 square feet and shall include adequate space for employee work areas. shop areas. and storage for Aircraft parts and equipment. (~ Dealership ill An Operator which is an authorized factory sales franchise, dealer. or distributor. either on a retail or wholesale basis. shall have available or shall make available (with advance notice) at least one (1) current model demonstrator of Aircraft in each of its authorized product lines. úD Licenses and Certifications ill Personnel shall be properly certificated by the FAA. current, and hold the appropriate ratings and medical certification for providing flight demonstration in Aircraft offered for sale, ill Personnel ill Operator shall provide a sufficient number of personnel to adequately and safely carry out Activity in a prompt and efficient manner adequate to meet the reasonable demand of the public seeking such services, A. Operator shall employ one (1) current commercial pilot and one (1) customer service representative as Employees (on each shift). I. The Operator may fulfill the responsibilities of the commercial pilot and/or customer service representative, ii. The commercial pilot may fulfill the responsibilities of the customer service representative unless the commercial pilot is performing duties off Airport. ill Equipment ill Operator shall provide necessary and satisfactory arrangements for Aircraft Maintenance in accordance with any sales guarantee or warranty period, fg} Hours of Activity ill Operator shall be open and service shall be available to meet the reasonable demands of the public for this Activity five days a week. eight hours a day. (h) Insurance ill Operator shall maintain. at a minimum. the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements, Stp~el, tl.rð~~h passages are deleted. 84 Underlined passaQes are added. Section 1-2.3-92. Other commercial aeronautical activities (SASO) (g) Introduction ill This section pertains to other commercial aeronautical SASOs engaging in limited Aircraft services and support Activities miscellaneous Commercial services and support Activities), or other air transportation services for hire Activities. A. Limited Aircraft Services and Support - are defined as limited Aircraft, engine or accessory support (e.g.. cleaning, washing, waxing. painting. upholstery propeller repair. etc.) or other related (miscellaneous) Aircraft services and support Activities. B. Miscellaneous Commercial Services and Support - are defined as ground schools. simulator training. scheduling and dispatching (flight coordination and aircrew management), or any other related (miscellaneous) Commercial services and support Activities. C. Other Air Transportation Services for Hire - are defined as non-stop sightseeing flights (flights that begin and end at the Airport and are conducted within a 25 statute mile radius of the Airport); flights for aerial photography or survey, fire fighting. and power line. underground cable, or pipe line patrol; helicopter operations relating to construction or repair work; or, other related (miscellaneous) air transportation services for hire. ill In addition to the General Requirements set forth in Section 1-23-84. each of the SASOs described above at the Airport shall comply with the following minimum standards set forth in this Section 1-2,3-93, (Q) Leased Premises ill Operator engaging in this Activity shall have adequate land, Apron/Paved Tiedown, facilities. and Vehicle Parking, if appropriate to accommodate all Activities of the Operator and all approved Sublessee(s), The following provides the necessary minimums for the appropriate land. Apron, facilities, and Vehicle Parking when appropriate: A. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 feet. I. If Operator utilizes a hangar for the storage of Operator's entire fleet at the Airport, no Paved Tiedowns will be required, ß., Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is Str~cl( tkre~gh passages are deleted. 85 Underlined passac¡es are added. conducting Aircraft Maintenance on Aircraft owned. leased. and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft, Operator shall meet the minimum standards for an Aircraft Maintenance Operator. I. Customer area (Lessee) shall be at least 250 square feet and shall include adequate space for customer lounge. public use telephone. and restrooms. ii. Customer area (Sublessee): If appropriate, customers shall have immediate access to customer lounge (if appropriate), public use telephone, and rest rooms, iii, Administrative area (if appropriate) shall be at least 250 square feet or sufficient to accommodate the administrative functions associated with the Activity, whichever is greater. and shall include adequate and dedicated space for employee offices. work areas, and storage, iv, Hangar area (Lessee). if required. shall be at least 2.500 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator whichever is greater. v. Hangar area (Sublessee). if required, shall be large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator. YL Maintenance area. if required. shall be at least 250 square feet and shall include adequate space for employee work areas, shop areas. and storage for Aircraft parts and equipment. W Licenses and Certifications ill Operator shall have and provide to the Airport evidence of all Agency licenses and certificates that are required to conduct the Activity, úD Personnel ill Operator shall provide a sufficient number of personnel to adequately and safely carry out its Activity in a courteous. prompt, and efficient manner adequate to meet the reasonable demands of the public seeking such services. W Equipment ill Operator shall have (based at the Airport), either owned or under written lease to (and under the full and exclusive control of) Operator. sufficient Vehicles, Equipment, and. if appropriate one continuously airworthy Aircraft. Stl ~~h tl., ð~9h passages are deleted. 86 Underlined passaQes are added. (f) Operator shall have sufficient supplies and parts available to support the Activity, ill Hours of Activity ill Operator shall be open and services shall be available during the hours maintained by entities engaging in the same, similar, or competitive Activities, Operator's services shall be available to meet the reasonable demands of the general public for the Activity. (g) Insurance ill Operator shall maintain at a minimum, the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements. Section 1-2.3-93. Temporary specialized aviation service operator (SASO) (g) Introduction ill The Countv recognizes that Aircraft Operators using the Airport may (from time to time) have specialized service requirements (i.e. Aircraft Maintenance and/or Flight Training). When specialized assistance is required, but is not available at the Airport through existing Operators due to the specialized nature of the service requirements and/or existing Operators are unable to provide the services required within a reasonable timeframe, the Aircraft Operator may solicit and utilize the services of a third party. A, Aircraft Operator shall initialize the process by informing the Airport Director about the desired specialized services. timeframe for the execution of said services and the Temporary Specialized Aviation Service Operator to provide said services. ß.., Aircraft Operator is responsible for assuring compliance of all Regulatory Measures by the Temporary Specialized Aviation Service Operator while on the Airport. (f) In addition to the appropriate General Requirements set forth in Section 1-2,3-84. each Temporary Specialized Commercial Aeronautical Operator at the Airport shall comply with the following minimum standards set forth in this Section 1-23,-93, fQ) Scope of Activity ill Temporary Specialized Aviation Service Operator shall conduct Activity on and from the Leased Premises of the Aircraft Operator in a first- class manner consistent with the degree of care and skill exercised by experienced Operators providing comparable products and services and engaging in similar Activities, 5tr~e ¡ thf3~gh passages are deleted. 87 Underlined passaQes are added. W Commercial Aeronautical Activity Permit ill Aircraft Operator must submit written request to the Airport Director on behalf of Temporary Specialized Aviation Service Operator, ill Temporary Specialized Commercial Aeronautical Operator shall obtain a Commercial Aeronautical Activity Permit approved by the Airport Director for a specific period of time (typically no more than 3D-days) prior to engaging in Activity on the Airport, A. Renewal shall be subject to the Temporary Specialized Commercial Aeronautical Operator's compliance with all terms and conditions of the approved Commercial Aeronautical Activity Permit, ill Temporary Specialized Commercial Aeronautical Operator shall comply with all requirements for the permitted Activities and limit service provided to the entity(ies), area(s), and timeframe identified in the approved Commercial Aeronautical Activity Permit. W Aircraft Operators requiring after-hour or weekend service by a Temporary Specialized Aviation Service Operator must notify the Airport Director the following normal business day. A. Aircraft Operator is responsible for assuring compliance of all Regulatory Measures by the Temporary Specialized Aviation Service Operator while on the Airport, @ Licenses and Certifications ill Temporary Specialized Commercial Aeronautical Operator shall have and provide to the Airport Director evidence of all Agency licenses and certificates upon request. W Insurance ill Temporary Specialized Commercial Aeronautical Operator shall maintain, at a minimum the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements, Section 1-2.3-94. Commercial aeronautical activity application (g) Lessee ill Any entity desiring to lease land and/or Improvements from the County and engage in a Commercial Aeronautical Activity at the Airport shall submit a written application to the Airport Director. ill The Applicant shall submit all of the information requested on the application form and thereafter shall submit any additional information that may be required or requested by the Airport Director in order to properly and fully evaluate the application and facilitate an analysis of the prospective operation including, but not limited to, verifiable St, ~eh t¡'Pð~9h passages are deleted. BB Underlined passaQes are added. qualifications and experience. past and current financial results (performance), condition and capacity (as evidenced by historical and current financial statements), references. etc, ill No application will be deemed complete that does not provide the Airport Director with the information necessary to allow the Airport Director and/or the County to make a meaningful assessment of Applicant's prospective operation and determine whether or not the prospective operation will comply with all applicable Regulatory Measures and be compatible with the Airport's Master Plan. Airport Layout Plan, or land use plan (if any). ill Following review and approval by the Airport Director and the County, negotiations for an Agreement shall commence. [Q) Prior to an existing Lessee engaging in any Activity not permitted under the Agreement or changing or expanding the scope of Activities permitted under the Agreement, the Operator shall submit a completed application for a Commercial Aeronautical Activity and receive approval from the Airport Director (and if necessary an amendment to the Agreement) prior to conducting Activity(ies) not permitted under the Agreement, (Q) Sublessee ill Any entity desiring to sublease land or Improvements and engage in a Commercial Aeronautical Activity at the Airport shall provide evidence to the Lessor that they meet the applicable sections of these Minimum Standards. ill Sublessee/Operator shall be required to meet and adhere to all applicable provisions of Lessor's Agreement. Section 1-2.3-95. Commercial hangar operator (g) Introduction ill A Non-Commercial Hangar Operator is an entity that develops or constructs one or more hangar structures for the primary purpose of storing Aircraft used for Non-Commercial purposes only by the Non- Commercial Hangar Operator. ill In addition to the appropriate General Requirements set forth in Section 1-23,-84. each Non-Commercial Hangar Operator at the Airport shall comply with the following Minimum Standards set forth in this Section, (Q) Scope of Activity ill Non-Commercial Hangar Operator shall use the Leased Premises for Aircraft owned. leased, and/or operated by (and under the full and Stp~ei< ti'lPð~gi'l passcges cre deleted. 89 Underlined P<1sscC es cre cdded. exclusive control of) Operator for Non-Commercial purposes. A. If Aircraft is leased. Non-Commercial Hangar Operator shall provide the Airport Director with a copy of the Aircraft lease, The Airport Director will determine if an Aircraft lease is commercially reasonable. ill No Commercial Activity of any kind shall be permitted on or from the Leased Premises, ill A Non-Commercial Hangar Operator shall not be permitted to Sublease any land or Improvements on the Leased Premises for any purpose. W Leased Premises ill A Non-Commercial Hangar Operator engaging in this Activity shall have adequate land, Apron/Paved Tiedown (see Section 2.5,2), facilities, and Vehicle Parking (see Section 2,5.3) to accommodate all Activities of the Operator, but not less than the following square footages. which are not cumulative: Table 3 Group I Group II Group III Group I Piston and Group II Piston and Turbo let Turbo iet Turbo iet Facilities Turboprop Aircraft Turbaprop Aircraft Aircraft Aircraft Aircraft HanQar StoraQe Hanaar StoraQe HanQar StoraQe HanQar HanQar Storaae StoraQe HanQar 2,500 SF 5.000 SF 7,500 SF 10 ,000 12,000 SF SF A. The development of Non-Commercial hangar(s) shall be limited to the following types of hangar structures: 1. Single structures of not less than 2,500 square feet. completely enclosed or !1. Single structures of not less than 5,000 square feet. sub-divided and configured (although each unit shall not be less than 1.250 square feet) to accommodate individual bays for the storage of Aircraft. liD Ownership Structure ill Hangar development may be accomplished by any entity, including Associations. A, Association membership shall be contingent upon ownership interest in the Association of a proportionate share of the Non- Commercial hangar facility which shall consist of not less than one individual hangar. or an equal portion of the "common" hangar area which is consistent with the total number of members/shareholders (such area not to be less than 1.250 total square feet). Str~eI( through passages are deleted. 90 Underlined passaaes are added. ~ Insurance ill Non-Commercial Hangar Operator shall maintain. at a minimum, the coverage and limits of insurance set forth in Attachment A - Minimum Insurance Requirements ß.., All members/shareholders of the Association shall be declared to the Airport Director at the time the application for development and Activity is submitted. Thereafter, the Association and/or each member/shareholder of the Association shall be required to demonstrate ownership (as required herein) as requested bv the Airport Director from time to time, Association shall appoint (be represented by) one individual. The hangar facilities developed and utilized by the Association shall be exclusively for storage of Aircraft owned bv the member(s)/shareholder(s) of the Association. C. The Association may not utilize nor cause the Leased Premises to be utilized for speculative development of either the Leased Premises or the Improvements located thereupon. D. Each member/shareholder of the Association shall be responsible and jointly and severally liable with all other members/shareholder for the Association's compliance with these Minimum Standards, and each member/shareholder of the Association shall, upon written request by the Airport Director, provide appropriate written confirmation of membership status or share ownership. All Association members/shareholders declared to the Airport Director in accordance with paragraph 12.4.1.2 hereof shall remain jointly and severally liable to the County for the Association's compliance with these Minimum Standards, regardless of whether the membership or ownership of the Association changes, unless a release of the liability of a former Association member is approved in writing bv the BOCC, Section 1-2.3-96. Private flying club. !ill Introduction and General Requirements ill A Private Flying Club is an entity that is legally formed as a non-profit entity with the state of Florida and operates on a non-profit basis (so as not to receive revenues greater than the costs to operate maintain. acquire and/or replace Private Flying Club aircraft), A. Each Private Flying Club member (Owner) must have an ownership interest in Private Flying Club. Str~ch tÌ'\rß~gk passages are deleted. 91 Underlined passaqes are added. B, Private Flying Club shall keep on file and available for review by the Airport Director, a complete membership list and investment (ownership) share held by each member including a record of all members (past and present) with full names addresses, and the date the membership began and ended, ill Each Private Flying Club shall file and keep current with the Airport Director, upon request: A. Copies of bylaws, articles of incorporation, operating rules. membership agreements, and the location and address of the club's registered office, B. Roster of all officers and directors including home and business addresses and phone numbers. C. Designee responsible for compliance with these Minimum Standards and other Regulatory Measures. ill A Private Flying Clubs shall not be required to meet the minimum standards stipulated for Aircraft Rental or Flight Training Operators so long as the Private Flying Club's membership is not operated for Commercial purposes. ill No member (Owner) of a Private Flying Club shall receive Compensation for services provided for such Private Flying Club or its members (owners) unless such member (owner) is an authorized Operator with the County, This does not include the provision of flight instruction relating to aircraft checkout and/or currency (e,g.. biannual flight reviews, instrument proficiency checks. etc,) provided by a Private Flying Club member (on an exclusive basis) to other Private Flying Club members. @ Private Flying Club Aircraft shall not be used by other than members (owners). {Q} No member (owner) shall use Private Flving Club Aircraft in exchange or Compensation (payment), This does not include reimbursement for expenses associated with the uSe of Private Flying Club aircraft. Section 1-2.3-97. Non-commerical self-fueling permittee. (g) Introduction ill All entities desirous of Self-Fueling shall be accorded a reasonable opportunity. without unlawful discrimination. to qualify and receive a Non-Commercial Self-Fueling Permit. A. Those entities that have Agreements granting them the rights to perform commercial Fueling (e,g. FBO) are not required to apply for a Non-Commercial Self-Fueling Permit. Str~cl( thrð~gh passages are deleted. 92 Underlined passaaes are added. B. This excludes entities conducting Non-Commercial Self-Fueling through the utilization of 5 gallon fueling containers. However, these entities must follow the applicable Rules and Regulations, ill This Section 1-2.3-97 sets forth the standards prerequisite to an entity desirous of engaging in Non-Commercial Self-Fueling at the Airport, m In addition to the applicable General Requirements set forth in Section 1-2.3-84 each entity conducting Non-Commercial Self-Fueling activities at the Airport shall comply with the following minimum standards set forth in this Section. (Q) Permit! Approval ill No entity shall engage in Self-Fueling activities unless a valid Non- Commercial Self-Fueling Permit authorizing such activity has been obtained from the Airport Director. Such entities shall herein be referred to as "Self-Fueling Permittees". ill The Non-Commercial Self-Fueling Permit shall not reduce or limit Self- Fueling Permittee's obligations with respect to these Self-Fueling standards. which shall be included in the Non-Commercial Self-Fueling Permit by reference, m Prior to issuance and subsequently upon request by the Airport Director, Self-Fueling Permittee shall provide evidence of ownership or lease of any Aircraft being operated (under the full and exclusive control of) and Fueled by Self-Fueling Permittee. !.£) Reporting ill Self-Fueling Permittee shall report all Fuel delivered to the approved Self-Fueling Permittee's Fuel storage facility during each calendar month and submit a summary report along with appropriate fees and charges due the County on or before the 10th day of the subsequent month, ill Self-Fueling Permittee shall during the term of the Non-Commercial Self-Fueling Permit and for 3 years thereafter maintain records identifying the total number of aviation Fuel gallons purchased and delivered. Records (and meters) shall be made available for audit to the County or representatives of the County, In the case of a discrepancy. Self-Fueling Permittee shall promptly pay. in cash, all additional rates. fees, and charges due the County. plus annual interest on the unpaid balance at the lesser of 1810 or the maximum rate allowable by law from the date originally due, W Fuel Storage ill Self-Fueling Permittee shall arrange and demonstrate that satisfactory arrangements have been made for the storage of Fuel. as follows: Sf' ~eI( tnreugn passages are deleted. 93 Underlined PQssaQes are added. A. Through either an authorized FBO at the Airport or B. In a centrallv located Fuel storage area approved by the BOCC. I. Operators authorized by the County shall lease land and construct or install a Fuel storage facility in the centrally located Fuel storage area, 11 In no event shall the total storage capacity be less than 12.000 gallons for Jet Fuel or 10.000 gallons for AvgQS, C. Self-Fueling Permittee shall be liable and indemnify the County for all leaks, spills, or other damage that may result through the handling and dispensing of Fuel. D, Fuel delivered shall be clean. bright. pure. and free of microscopic organisms. water. or other contaminants, Ensuring the quality of the Fuel is the responsibility of Self-Fueling Permittee, W Fueling Equipment ill Self-Fueling Permittee shall utilize a single Refueling Vehicle for each type of Fuel to be dispensed with a minimum capacity of 750 gallons. Avgas Refueling Vehicles shall have a maximum capacity of 1.200 gallons and Jet Refueling Vehicles shall have a maximum capacity of 3,000 gallons, All Refueling Vehicles shall be capable of bottom loading. ill Each Refueling Vehicle shall be equipped and maintained to comply at all times with all applicable safety and fire prevention requirements, standards and Regulatory Measures including without limitation, those prescribed by: A, State of Florida Fire Code and local fire district: ß.. National Fire Protection Association (NFPA) Codes; C. Florida Environmental Protection Agency; D. Applicable FAA Advisory Circulars CAC) including AC 00-34 "Aircraft Ground Handling and Servicing" and AC 150/5210-5 "Painting. Marking and Lighting of Vehicles Used On An Airport". m Prior to transporting Fuel onto the Airport. the Self-Fueling Permittee shall provide the Airport Director with a Spill Prevention, Control. and Countermeasures Plan (SPCC) that meets regulatory requirements for above ground Fuel storage facilities, An updated copy of such SPCC Plan shall be filed with the Airport Director at least 10 business days prior to actual implementation. Such plan shall describe in detail. those methods that shall be used by the Self-Fueling Permittee to clean up any potentially hazardous Fuel spills, The plan should include Equipment to be used. emergency contact personnel and their telephone numbers. and all other details as to how the Self-Fueling Permittee would contain such a spill. This plan should also describe, in detail. what methods the Str~eh tkr"~9h passages are deleted. 94 Underlined passaQes are added. Self-Fuelin9 Permittee intends to use to prevent any such spill from occurring. ill In accordance with all applicable Regulatory Measures and appropriate industry practices. the Self-Fuelin9 Permittee shall develop and maintain Standard Operatin9 Procedures (SOP) for Fueling and shall ensure compliance with standards set forth in AC 00-34A, entitled . Aircraft Ground Handling and Servicing". The SOP shall include a trainin9 plan, Fuel quality assurance procedures. record keeping. and emergency response procedures for Fuel spills and fires. The SOP shall also address the following: (1) bonding and fire protection. (2) public protection, (3) control of access to Refueling Vehicle storage areas, and (4) marking and labeling of Refueling Vehicles. The SOP shall be submitted to the Airport Director not later than 10 business days before the Self-Fueling Permittee commences self-fueling at the Airport, ill Limitations ill Self-Fueling Permittees shall not sell and/or dispense Fuels to Based Aircraft or Transient Aircraft that are not owned, leased, and/or operated by (and under the full and exclusive control of) Self-Fueling Permittee. Any such selling or dispensin9 shall be grounds for immediate revocation of the Permit by the Airport Director. A, Revocation upon first violation will be for a period of one year. B. Revocation upon a second violation shall be permanent. (g) Insurance ill Self-Fueling Permittee shall maintain, at a minimum, the coverages and policy limits set forth in Attachment A - Minimum Insurance Requirements, Section 1-2.3-98 Minimum insurance requirements. Minimum insurance requirements shall be as set forth in Attachment A: PART D. CONFUCTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St, Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict, PART E. SEVERABIUiY AND APPLICABILIiY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. This ordinance shall be applicable within recorded subdivisions in unincorporated St. Lucie County. If this ordinance or any provision thereof shall be held to Stf~eI( thpo~gh passages are deleted. 95 Underlined P<lssaQes are added. be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect on receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office, PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman Chris Craft XX Vice Chairman Joseph E. Smith XX Commissioner Charles Grande XX Commissioner Paula Lewis XX Commissioner Doug Coward XX PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St, Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED THIS DA Y OF ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN gtr~el( tl'rð~~k passages are deleted. 96 Underlined passaqes are added. APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY G: \A TTY \ORDNANCE \2007\07 -051. WPD Str~el( t¡'rð~~'" passages are deleted. 97 Underlined passaoes are added. Memorandum To: From: Date: Subject: Board of County Commissioners Diana Lewis, Airport Director September 14, 2007 Rules and Regulations and Minimum Standards The purpose of this memo is to provide the Board with the history of tenant input in the process. A consultant, Jeff Kohlman with Aviation Management Consulting Group, was hired by the Airport to assist with the preparation of these documents. He attended a tenant meeting in February 2006 to explain what he was tasked to do and the purpose of developing these documents. Mr. Kohlman also met with major tenants at the Airport at that time to get an understanding of their businesses and how they operate. Over the next several months, Airport staff worked with Mr. Kohlman on going through the documents and in December 2006, a tenant meeting was held to explain that the documents would be posted on the Airport's website and the tenants were asked to provide comments by the end of January 2007. In March 2007, another tenant meeting was held to get further feedback on the documents. The consultant was at this meeting and answered questions. However, since there were still tenant concerns, the tenants formed a committee to review the documents and meet with me to explain their issues. The comments were addressed, discussed with the consultant, and more changes were made to the documents, which were posted on the website for tenant review. In all, there were six versions prepared with input from the tenants. The tenants were notified on August 16 that the last versions of the documents were posted on the website and that there would be a public hearing at the Board meeting on September 18 to consider approval of the documents. On August 21, responses to all comments received, which were prepared by the consultant, were e-mailed to the tenants. Another tenant meeting was held on September 12, to continue discussions on issues. Additional questions were raised and these will also be addressed prior to the meeting. As is apparent, this process has had extensive tenant coordination and input. ?)ð)7 5If ,. ¡ , To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: , COMMISSION ACTION: c::!!J APPROVED o OTHER Approved 5-0 . Ity Attorney Originating Dept.: Finance: Agenda Request _5ß _ 09/18/2007 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] Board of County Commission Growth Management Department Presented By ]5,¿¡JI~ Growth Management Director Consider Resolution No. 07-138 granting a Conditional Use Permit to allow the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and judicial functions that will include the Department of Forestry Division Office and the St. Lucie County Emergency Operation Center in the I (Institutional) Zoning District for property located at 15601 Midway Road The petitioner, St. Lucie County Director of Growth Management, has requested this Conditional Use Permit to allow the continued operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and judicial functions including but not limited to the US Forestry and Emergency Operation Center in the I (Institutional) Zoning District. (File No: CU - 420071135) N/A On April 20, 1999, the Board of County Commissioners approved Resolution No. 99- 015 granting a change in zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the I (Institutional) Zoning District. At the August 16, 2007, public hearing on this matter, the SI. Lucie County Planning and Zoning Commission, by a vote of 7 to 0 with one member (Barry Schrader) absent, recommended approval of the conditional use permit. Adopt Resolution No. 07-138 approving the application of St. Lucie County Director of Growth Management for a Conditional Use Permit to allow the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District. CJ DENIED ~I/ t.""~ ~ f),{' ¡v,;..¡. Coordination! Signatures Mgl. & Budget: Environmental Res. Div.: Purchasing: Other. é "7" 5:..,d.U:~,¿ k~rlrJ ~ , Commission Review: 09/18/2007 File Number CU-420071135 MEMORANDUM DEPARTMENT OF GROWTH MANAGEMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 TO: Board of County Commissioners THROUGH: Bob Nix, Growth Management Dire9Wi Kristin Tetsworth, Planning Manage~1û Linda Pendarvis FROM: DATE: August 20,2007 SUBJECT: Application of St. Lucie County Director of Growth Management Conditional Use Permit to allow the continued operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and judicial functions including but not limited to the US Forestry Division and Emergency Operation Center in the I (Institutional) Zoning District The subject property is located at 15601 Midway Road. The subject property is presently the operation of the St. Lucie County Fairgrounds. The Department of Forestry recently received building permits to develop 2,99 acres for their offices, The St. Lucie County Emergency Operation Center is developing 16.44 acres for their future site on the subject property, The Planning & Zoning agenda package is attached for consideration. This memorandum provides updates resulting from the Planning & Zoning Commission Public Hearing comments and discussions, At the August 16, 2007, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 7 to 0 with one member absent (Barry Schrader), recommended approval of the requested Conditional Use Permit. Mr. Mundt's, Planning and Zoning Board member, concern was if the conditional use approval was for the complete property would the approval only permit the US Forestry Division Offices and the Emergency Operation Center or would it allow DATE: August 20,2007 Page 1 of 2 APPLICATION NO.: CU 420071135 HEARING BODY: Board of County Commissioners PREPARED BY: Linda Pendarvis HEARING DATE: September 18, 2007 ,. , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4] 42 43 44 45 46 47 48 49 50 other offices as well since the description "Executive, Legislative, and judicial functions" was a broad term. Staff's response was that the Conditional Use Permit does permit all operations classified under the Standard Industrial Classification of Executive, Legislative, and judicial functions. Staff should have further explained that any adjustments to the Conditional Use Permit shall be subject to Section 11,07.05(E) of the Land Development Code. This section of the Land Development Code requires any additional or change in use that may affect this Conditional Use Permit shall be reviewed and approved by the Board of County Commissioners. The S1. Lucie County Fairgrounds Major Site Plan is currently being reviewed by the Development Review Committee. The Major Site Plan shall be required to meet all applicable provisions of Section 11.02,07, of the S1. Lucie County Land Development Code prior to site plan approval by the Board of County Commissioners. The Conditional Use petition meets the standards of review as set forth in Section 11.07,03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan. Please contact this office if you have any questions on this matter. SUBMITTED: B~ fir:; Bob Nix, AICP Growth Management Director Attachment lap cc: Debra Brisson, Parks and Recreation Department Miller I Legg, www.millerleQQcom File DATE: August 20,2007 Page 2 of 2 APPLICATION NO.: CU 420071135 HEARING BODY: Board of County Commissioners PREPARED BY: Linda Pendarvis HEARING DATE: September 18, 2007 · Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL OF THE APPLICATION OF ST. LUCIE COUNTY DIRECTOR OF GROWTH MANAGEMENT, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF THE ST. LUCIE COUNTY FAIRGROUNDS AND THE OPERATION OF EXECUTIVE, LEGISLATIVE, AND JUDICIAL FUNCTIONS THAT WILL INCLUDE THE DEPARTMENT OF FORESTRY DIVISION OFFICE AND THE ST. LUCIE COUNTY EMERGENCY OPERATION CENTER IN THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07,03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF ST. LUCIE COUNTY DIRECTOR OF GROWTH MANAGEMENT, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF THE ST. LUCIE COUNTY FAIRGROUNDS AND THE OPERATION OF EXECUTIVE, LEGISLATIVE, AND JUDICIAL FUNCTIONS THAT WILL INCLUDE THE DEPARTMENT OF FORESTRY DIVISION OFFICE AND THE ST. LUCIE COUNTY EMERGENCY OPERATION CENTER IN THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. 1 2 3 4 5 RESOLUTION NO. 07-138 FILE NO.: CU 420071135 6 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF THE ST. LUCIE COUNTY FAIRGROUNDS AND THE OPERATION OF EXECUTIVE, LEGISLATIVE, AND JUDICIAL FUNCTIONS THAT WILL INCLUDE THE DEPARTMENT OF FORESTRY DIVISION OFFICE AND THE ST. LUCIE COUNTY EMERGENCY OPERATION CENTER IN THE I (INSTITUTIONAL) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED AT 15601 MIDWAY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR A LEGAL DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCATION. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the Soard of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 24 25 1. 26 27 28 29 30 31 2. 32 33 34 35 36 37 st. Lucie County Director of Growth Manaaement presented a petition for a Conditional Use Permit to allow for the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District, depicted on the attached maps as Exhibit "S" and described in Part "S" below. On August 16, 2007, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Soard of County Commissioners approve a conditional use permit to allow for the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District forthe property depicted on the attached maps and described in Part S below. File No.: CU-420071135 September 18,2007 Resolution No. 07-138 Page 1 " 1 3. 2 3 4 5 4. 6 7 8 9 5. 10 11 12 13 6, 14 15 7. 16 17 18 On September 18, 2007, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, The proposed Conditional Use is consistent with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the S1. Lucie County Land Development Code. The proposed Conditional Use will not have an undue adverse effect on adjacent property, the character ofthe neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare, The proposed Conditional Use will be serviced by adequate public facilities and services, A Certificate of Capacity as required under Chapter V. S1. Lucie Land Development Code, a copy of which is attached to this resolution as Exhibit "A", was granted by the Growth Management Director. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the 81. Lucie County Land Development Code, a Conditional Use Permit for 81. Lucie County Board of County Commissioners to allow for the operation of the S1. Lucie County Fairgrounds and the operation of Executive, Legislative and Judicial functions in the I (Institutional) Zoning District is hereby approved for the property owned by 81. Lucie County. B. The property on which this Conditional Use Permit is being granted is described as follows: THE EAST ONE HALF (112) OF SECTION 1, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) AND MIDWAY ROAD, AND THE NORTH ONE HALF (112) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 12, TOWNSHIP 36 SOUTH, RANGE 38 EAST. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 250.72 ACRES OF LAND MORE OR LESS. (Location: 15601 Midway Road, Fort Pierce) C. This Conditional Use Permit approval shall expire on September 18, 2008, unless a Building Permit or Certificate of Zoning Compliance is obtained or an extension is granted in accordance with Section 11.07.05(F), S1. Lucie County Land Development Code. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, 81. Lucie County Board of County Commissioners, including any successors in interest, shall obtain all necessary permits and File No.: CU-420071135 September 18, 2007 Resolution No. 07-138 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 41 42 43 44 45 46 47 authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. The Certificate of Capacity, a copy of which is attached to this resolution as Exhibit "A", shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07,05(F) of the S1. Lucie County Land Development Code, a new certificate of capacity shall be required. G, The S1. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of S1. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft xxx Vice-Chairman Joseph E. Smith xxx Commissioner Paula A. Lewis xxx Commissioner Charles Grande xxx Commissioner Doug Coward xxx PASSED AND DULY ADOPTED This 18th Day of September, 2007, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney lap H:\PLANNINGlSt. Lucie County FairgroundslSLC Fairgrounds CU 420071135 RES File No,; CU-420071135 September 18, 2007 Resolution No. 07-138 Page 3 1 2 3 4 5 6 7 Exhibit A 8 9 Certificate of Capacity 10 11 12 13 14 15 16 17 18 File No.: CU-420071135 September 18, 2007 Resolution No, 07-138 Page 4 I tiItII!..... '. ... 1,,- ~ J = ~. . _ . .. ,. ,-, CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft Pierce, FL 34982 (772)-462-2822 Date: 7/10/2007 Certificate No. 2651 ! This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the i standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: I 1. Type of development St. Lucie County Fairgrounds CU & Major SP Number of units 0 Number of square feet 170994 2. Property legal description & Tax ID no. 320113300050000 15305 MIDWAY RD St. Lucie County Fairgrounds 3. Approval: Building Permit Resolution No. 07-138 Letter 4. Subject to the following conditions for concurrency: Owner's name St Lucie County Address 2300 Virginia Ave Fort Pierce FL 34982 6. Certificate Expiration Date The certificate of capacity shall be valid for the same period of time as the Development Order. Section 5.08.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. í? Ç'J] All if Growth Management Director: St Lucie County, Florida Signed ß;r-f-IÎ/~ Date: 8/27/2007 Al\lcn:u. \ f(LDÐI1::: Concurrency Review by: s;gn~ Date: 8/27/2007 Monday, August 27, 2007 Page 1 of 1 1 2 3 4 5 6 7 8 9 . 10 . 11 12 13 14 15 16 Exhibit B General Location Map Area Subject to the Change in Zoning File No.: CU-420071135 September 18, 2007 Resolution No. 07-138 Page 5 CIJ .... ( ) I:: o ïñ >-.~ ëE ::J E o 0 Üü .~ >- 0..... ::J I:: ....J::J o ..ü CJ)_ o "E en o £:C '. "~'w3 i ~ UD¡Sm, L':Ir "" " ¡¡ () ~ ;¡; " .. '6 £: p~ p.iBCB qO) / ./' ,,/-"" ---'/' i/ , , I , I , I , I ¡ ¡ , I , , ,/ : ,.- ,/ I' ,! I; " ì ¡! L_~_~___ ---~--~---=---'-:=-""-=c;',-ï . , ,,0 I (i,i.ø- I I , I ¡ , I , '~I p~__~~~ I \"II(\eSm\£l..;--- 41 ßI,).~----- I' ~ i ¡ ¡ ~ -I ~ &JiI'Wl.¡ft:J.I J )à ""' jJ; j p'~ w,,·s i PAi8 %'~li!lw~ e:J ð m _ /_----~ lõ e / I" '" ......" I ~~.... CI ./"~ f/'¡(~ --~ , ~'1i ____ c::. H 9 -.r\~~e~f f ~~/ (>¥.~'6-"" ij 7 ~~ I, " ~ il H I' Û " ~ ~j\ ð¡¡ Mil Zli ,I " Ii ) Ii ,I 11 !, ___~J! I , I , I i i i , , i I i , I i _ ___________________..._______J LO (V) ..- ..- 'o.. o o N 'V ::::> ü Z~" ~ r;A ?"'¡: ¡ _'C.,',_ ~ ":~' "~ , , ~ ~ ~ ':: ! \ò ~ '" , / J / p~ U~SU4cr 1/ ~/~. / /.~/'--- /j// .-"" /r / rl ¡ ;¡¡¡ ù¡ ~I J ~i ~¡ ~I ~ ~I ~I , "I w! OJ I 31 ~ \ .. þ~ &IOIJ!Wes peo~ uUl4S ~ " P'èI ðll!l a6ueH PM leu8:) JeplllÐH ;; ", PH 6UIPIOH Ivr¡¡PI t I I I I p~Uo)IJ8:J JJèI peøLJS , I , ! / /' ,/ /// // / [CUB::¡ vl-::J ~ " · ~ ~ò ?-ò 'iJ.~fJ~ ~ " I · " · Ò ÐUB:JtZ<> .. , ---- --- --._-~--------- - ~ ----.--------- -------. ¡(¡unO:) e&qor¡:Jee~o .. t- O o N Ñ ~ >. '5 -, 'C ~ CO c. :>! c. c. CO ::;¡ "" " '" o () ~ ~ A petition of St. Lucie County Board of County Commissioners for a conditional usè permit to allow the continued use of the St. Lucie County Fairgrounds and the operation of Executive, Legislative and Judicial functions in the I (Institutional) Zoning District WMIDWAY_RD c a:, :..¡' <, ~: u' a: w c < W J: (/) c a: z z :r (/) CU 420071135 Legend (,:ç""",~:,~ (iYt'rWtñ _Ml21t.Uf1ement 0f!P'27munt N A ~ Subject property Map prepared July 12, 2007 81. Lucie County Board of County Commissioners CU 420071135 Legend 5è~~~~~ (jrO"Wtli .MœIQ{/lI'1'lJ8nt D~-,ulTh1umt N A ~ Subject property Map prepared July 12, 2007 r .. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA September 18, 2007 NOTICE OF PROPOSED CONDITIONAL USE PERMIT The St. Lucie County Board of County Commissioners proposes to adopt the following by resolution. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, September 18,2007, beginning at 6:00 PM or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time. RESOLUTION NO. 07-138 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF THE ST. LUCIE COUNTY FAIRGROUNDS AND THE OPERATION OF EXECUTIVE, LEGISLATIVE, AND JUDICIAL FUNCTIONS THAT WILL INCLUDE THE DEPARTMENT OF FORESTRY DIVISION OFFICE AND THE ST. LUCIE COUNTY EMERGENCY OPERATION CENTER IN THE I (INSTITUTIONAL) WNING DISTRICT FOR CERTAIN PROPERTY LOCATED AT 15601 MIDWAY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR A LEGAL DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCATION. APPLICANT: Sl Lucie County Director of Growth Management LEGAL DESCRIPTION: THE EAST 1/2 OF SEmON I, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) AND MIDWAY ROAD AND NORTH 1/2 OF NORTHEAST 1/4 OF SEmON 12, TOWNSHIP 36 SOUTH, RANGE 38 EAST (TOTAL ACRES: 250.72 +-) LOCATION: 15601 MIDWAY ROAD The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, September 18, 2007, beginning at 6:00 PM or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time, All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to Form No. 07-17 , .. the Board of County Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida. Please call 772/462- 2822 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105. Florida Statutes. if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI CHRIS CRAFT, CHAIRMAN PUBLISH DATE: 09/01/07 Form No. 07-17 r ::'1. LULl!: ,,"uUNI Y BOARD OF COllNT'f COMMISSIONERS PUBLIC HEARING AGENDA Septemher , B. 2007 4 NOTICE or PROPOSED CONDITIONAL USE PERMIT The St. lu~ie County Board of County ComtT1is- SIQlõers prOPO$€S (0 adJJpt the following b\' reso- lution. The PUBLIC HEARING on 1his itom will be held in the COfr"Imissict\ Chambêts; Roger Þùiuas Annex, 3rd Floor. St Lucie County Administration Build- ing, 2300 Virginia Avenue, Forl Pierce, Florida or¡ Tuesday. SeplemLJer 18, 2007. beginn;Ilg at 6:00 PM Qr dS soon IhereallBr ag possible. ACllon can be laken at this meeting. or Itre Item COil be con, tinued to 8 rlllllre date and lime. RESOLUTION NO. 07-138 A RESOLUTION OF THi: BOARD or COUNTY COMMISSIONERS OF ST. LUCIE COUNTY. FlORIDA. GRANTING A CONDITIONAL USE PER- MIT TO ALLOW THE OPERATION OF TI1E ST. LU- CIE COUNTY FAIRGROUNDS AND THE OPERA- TION OF EXECUTIVE. LEGISLAnVE, AND JUDI- aAL FUNCilONS THAT WILL INCLUDE THE DE- PARTMENT OF FORESTRY DIVISION OFFICE AND THE ST. LUCII: COUNTY EMERGENCY OP· ERATION CENTER IN THE I (INSTITUTIONAL I ZONING DISTRICT FOR CERTAIN PROPERTY LO. CATED AT 15601 MIDWAY ROAD IN S1. LUCIE COUNn, FLORIDA; PROVIDING FOR DETERMI NATIONS; PROVIDING FOR AFPROVAL SUDJECT TO CONDITIONS; PROVIDING FOR A LEGAL DES· CRIPTlO'" OF THE AFFECTED PROPERTY: PRO· VIDING FOR ENFORCEMENT OF COl'aJITIONS; AND FROVIDING FOR A RECORD FilE LOCA- TION. APPLlCAI'jT: St. Lucie County Director of Growth ManÐgemenl . lEGAl DESCRIPTION: THE EAST 1i2 OF SECTION 1. TOWNSHIP 36 SOUTH. RANGE 33 EAST, L y. ING sounl OF OKEECHOBEE ROAD tS,ATE ROAD 70) AND MIDWAY ROAD AND NORTH 1'2 OF NORTI-lEAST lid OF SECTION 12, TO'A'NSHIP 36 SOUTH. RANGE 38 EAST ¡TOTAl ACRES; 250.72 +-) LOCATION: 15601 MIDWAY ROAD The PUBLIC HEARING o. thl. it.", will b. held in ¡he Commissíon Chambers. ROQer Þoitras Annex. 3rd Floor, S1. Lucie Couni\, Administration Build· ing, 2300 Vi"'.:Iin~ AvenuE, Fori Pil:<f1.:e. Floritla on TI.IEsday, September 18. Z007, begmrUf)g at 6:00 PM or EI!! soon thereafter as possible. Mlion car; be laken at this meeting. or the iter' "; can b@ con· tinuad to a (lllure date and tinlEs. Alllmere£ted >ersol'\s will be given an oppununll\' to bE heard. Written cornments received in ad- vance of the publili hearing will also be cot1sid- grad. Written comments to ~he Board of County CommisslOnrHs should be recBlved by Ihe Growth Man¿¡g~mef\t Depal1mant ~ Pianning Divi· sian at least 3 davs prior to the scheduled hear~ ¡ng. The petition ñle is available TOt reviewatthe Growtl, Management Oepanmsl'It offices locat9d at 2300 Virginia Avem.¡e. 2nd Floor. Fort Pierce. Florida. Please call772;.462~2S22 if you have any cluestions or require additional informstion. The Sl. L~tcÎe Counw Board of CounLy Commis· sioner!! has the power 10 re\'iew and grant any 3pplÎr.atiolls WÎihin ¡heir area of respo '~sibilirv. The pfoceedlngs af the Board of Coumy CCmITH5· .ioner. are eleclronlcally reoorcled. PURSUANT TO Seclion 286.0105. Florida SIaWIIIS. iF a porson decides to appeal any decision made by The Board of CounTy Comm·lssioners \./Vith respect to any n"lalter considered at a mGeting or hearing. he or 51" will need a record ofth-e proceedings. for such pUrpQSÐ. he or she mav need to ensure that a v~rb<lllm record 01 the- prOCee(lIng!:t I~ made. Mtlcl, record Inç udes the 1eslimony ami evidel"\CB upoo wt'1ich the apfJeal is to be based. Upon ,he re'lue.! or any parly !o the proceeding. individuals tesllfyil1g dUring a hearl"'lg will be sworn In, AIlV parly to the pmceedmg will be granted an opportunity to crosa-examÎne anv tn· dividual tflstifyil1g during a ha3ring UP0f" request If it becomes necessary, a public "Garing may be c;cntlnued 'rom time to titTle as may be I"lecessary to a dale-certai n. Anyone with a disabiliry requiring ac.;ommodation tc attend this meeling should .contact thé St. lu~ cie County Community Ser.,ices Director at least rorty~e¡ght t481 hours prior to lhe meeling at 772!462·1777 or T.D.O. 7121462-1428. BOARD Of COUNTY COMMISSIONERS ST. LUCIE COUNTY. flORIDA iSf CHRIS CRAFT. CHAIRMAN PtJblish: Septernbè¡' 1. 2007 1697791 · -;:J- . "' ~ From: To: Date: SUbject: Attachments: "Byrne, Mary" <Mary.Byrne@scripps.com> "Beverlee Deans" <deansb@stlucieco.gov> 8/30/20078:31 AM Ad Confirmation UAS1BB9.jpg «UAS1 BB9.jpg» Thank you for placing your ad. Date 08/30/07 Publication NEWS Account Number 11504098 Ad Number 1697791 Total Ad Cost $60,72 ~. Page ] of] Beverlee Deans - Fwd: fairgrounds legal From: To: Date: Subject: Dawn Milone Deans, Beverlee 8/29/2007 9:43 AM Fwd: fairgrounds legal Dawn Milone Growth Management St. Lucie County 772-462-1687 »> Debra Brisson 8/3/200710:49 AM »> The East 1/2 of Section 1, Township 36 South, Range 38 East, lying south of Okeechobee Road (State Road 70) and Midway Road and North 1/2 of Northeast 1/4 of Section 12, Township 36 South, Range 38 East (Total Acres: 250.72 +-) 15601 West Midway Road, R. Pierce, FI file://C:\TEMP\XPOrpWise\46D53F A 7SLCMAILDV AA VE]] 00] 696B62]2EOCI \OW}... 8/29/2007 September 18, 2007 NOTICE OF PROPOSED CONDITIONAL USE PERMIT ... TheSI. Lucie County Board of County Commis sioners proposes to adopt the following by reso lution, The PUBLIC HEARING on this item will be heid in the Commission Chembers, Roger Poitras Annex, 3rd Floor, 51. Lucie County Administretion Build ing, 2300 Virginia Avenue, Fort Pierce, Floride on Tuesday, September 18, 2007, beginning at 6:00 PM or as lOon thereafter as possible. Action can be teken at this meeting, or the nem can be con tinued to a future dete and time, RESOLUTION NO. 07-138 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A CONDITiONAL USE PER MIT TO ALLOW THE OPERATION OF THE ST, LU CIE COUNTY FAIRGROUNDS AND THE OPERA TION OF EXECUTIVE, LEGISLATIVE, AND JUDI CIAL FUNCTIONS THAT WILL INCLUDE THE DE PARTMENT O.F FORESTRY DIVISION OFFICE AND THE ST, LUCiE COUNTY EMERGENCY OP ERATION CENTER IN THE i (INSTiTUTIONAL) ZONING DiSTRiCT FOR CERTAIN PROPERTY LO CATED AT 15601 MIDWAY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROViDING FOR DETERMI NATIONS; PROVIDING FOR APPROVAL SUBJEC TO CONDITIONS; PROVIDING FOR A LEGAL DES CRIPTlON OF THE AFFECTED PROPERTY; PRO VI DING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCA TION.' APPLICANT: 51. Lucie County Director of Growth Management LEGAL DESCRIPTION: THE EAST 1/2 OF SECTION 1, TOWNSHIP 36 SOUTH, RANGE 38 EAST. L Y ING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) AND MIDWAY ROAD AND NORTH 1/2 OF NORTHEAST 1/4 OF SECTION 12, TOWNSHIP 36 SOUTH, RANGE 38 EAST (TOTAL ACRES: 250,72 +-) . LOCATION: 1560t MIDWAY ROAD Tha PUBLIC HEARING on this item will be held in the Commission Chambers, Roger PoitresAnnex, 3rd Floor, SI. Lucie County Administration Build ing, 2300 Virginia Avenue, Fort Pierce, Florida on Tuasday, September 18, 2007, beginning at 6:0 PM or es soon thereafter as possible. Action can be taken at this meeting. or the item can be con tlnued to a future date and time. All interested persons will be given an opportuni to be heard, Written comments received in ad vance of the public hearing will also be consid ered. Written comments to the Board of County Commissioners should be received by the Growth Management Department· Planning Divi sion at least 3 days prior to the scheduled hear ing. Tha petition file is available for review at th Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida. Please call 7721462-2822 if you heve an questions or require additional information. Tha St. Lucie County Board of County Commis . sloners has the power to raview and grant any applications within their area of responsibility. . The proceedings of the Board of County Commis sioners are electronically recorded. PURSUANT TO Section 286.0105, Florida Statutes, if a person decides to appaal any decision made by the Board Of County Commissioners with respact to any matter considered at a meeting or hearing, he or she will need a record of the proceedings, For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. AnI' party to the proceeding will be granted an opportunity to crOss-examine any in divldual testifying during a hearing upon request, If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date·certain. Anyone wnh a disability requiring accommodation to attend this meeting should contact the 51. Lu cie County Community Services Director et leas forty-eight (48) hours prior to the meeting at 7721462-1777 OrT.D.D. 7721462-1428, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI CHRIS CRAFT, CHAIRMAN PUBLISH: 09101/07 1697691 . í' BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENT XXX,2007 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 USA In accordance with thc S1. Lucie County Land Development Code, you are hereby advised that S1. Lucie County Director of Growth Management has petitioned S1. Lucie County for a Conditional Use Pennit to allow for the operation of the S1. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District to include the Department of Forestry Division Office and the Emergency Operation Center, for the following described property: Location:IS601 Midway Road Legal Description: THE EAST ONE HALF (1/2) OF SECTION I, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) AND MIDWAY ROAD, AND THE NORTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 12, TOWNSHIP 36 SOUTH, RANGE 38 EAST. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 250.72 ACRES OF LAND MORE OR LESS. The public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on September 18, 2007, CounJy Commissioner's Chambeni, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written commen1.~ to the Board of County Commissioners at least 3 days prior to a scheduled hearing, County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing( s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded, If a person decides to appeal any dceision made by the Board of COWlty Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testirying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity 10 cross-examine any individual testirying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-ccrtain. Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D, (772) 462- I 428, If you no longcr own property adjacent to the above-described parcel, please fotward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to: File Number: CU-42007113S Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Chris Craft, Chairman Form No. 07-19 JOSEPH E. SMITH. DistrictJ\o. 1 . DOLG COWARD. District 1\0.2. PAULA A. LE\VIS, Distric1 No :,. CH^RLES GRANDE. District \10. 4 . CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson Website: www.cQ.st-Iucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL, 3~982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/Technical Services: (772) 462-2822 FAX: (772) 462-1581 Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462·1535 1(800) 344-TGIF FAX: (772) 462-2132 " A petition of St. Lucie County Board of County Commissioners for a conditional use permit to allow the continued use of the St. Lucie County Fairgrounds and the operation of Executive, Legislative and Judicial functions in the I (Institutional) Zoning District WMIDWAY.RD o a:: ~ z <:( u a:: w o <:( W J: (fJ o a:: z z J: (fJ CU 420071135 Legend ~A/ . tk~~ ~'...,'.-.....,.",,,<,...,,,..,,,,-...,. "'~~'.. :.:. ..~.. .. '..' ..,..-.....' .:,.¡;=-",-~::"'" §'nrwJ'h Monauemcn.t 2JqNzrtmen.t N A ~ Subject property Map prepared July 12,2007 .- - Q - - u.I CJ l- e::) :z (...) -.I CCt =» a... :::I ~ ~ii 9uJÎ ~ t- ~ u-t ...... ~ c:::J -= id: ë:S :s: ff!; .- ~ :;E :c: :3 ...... ¡;: ~= ...... cC t- ~ ICØ I-- _~ 3= VJ ~ C'-) ~ .....,. =. ~ -= c:::::» u.I ~ ui -c:::J .~ ~ ¡:: ¡: s= æ 1c.:Þ IIICC c:::::» c..::J c:a ::; ..... c:::::» >'" C) a: :z: :lIE en :::;E c.:t~ t- c::::I = .cI: - : Z a: I.L. u.I e::::I ..c: e:=» t: :æ -' ~ c:.ø :æ :z:= ~ I.L. ~ ll.. :; ø zc.:Þ u.I >- 5:2 c::::> c:» !5 Q..... a.. ..... = :z ,....., :::;. N = u.J Z = 52 - C) == "" =» ~ en LLoI c= :z: a:: == 0 = ;; ::c CW':) cC.c c.:t__.....C"'-I = -' ~ c::a:z: . c:.a a:a CCu..l-=-_c:.a::z ~ ë:; u..I a:: a:: æ z u.I ;.... =» 2: ~ ~ 9 z::C !:: -' ~ LU :z - cr: to- . CI I- < a:: LLoI ~ ........... ~CI)~æc.,:)zD..~ c.,::) UJ - u... :z c= u.I u.. c:.a c::;:) c= _ ::c....... cC ¡: ~ t- !..s: !cc ..... = CIC z: CIC CIC u.I CLL.uJLULLoII-a::& L&.. 0 ::::- ::&: ~ en oa.. UJ-t-C=:zLL. c:::IIcnl-a:::=--u.lc,c æ = == ~ c..:t :IE. ca~, cc r...:» LU :z ~ r- '=' CI:=L.U~LUc:r:C)...... LI.I U.I >< C.D >-. __ (:) :c ::::» u.I LoU a::: ...... CQ__ ::c LU :2. _ co C'..)ZLL.t-:iE:;:::)___ :::¡ ¡:: = LoU LU c= 'co __ =zz§>-c..:t:zc:n ::::Þ==--I.....LU=<::) Q..c.,:)~c,,:)2:::z: :z --2:::::::t..... I.L.I<-C=;z = := c.::a_ = .....U.I Z ~ cc .~' I,'" :;,~_:,{': '-".'-';' ~ a.. w = CD :z - :z :z < .... a.. :z - L&.I .... c:a < .... - < ::- < u:) z: Q ¡:: fE" q.. '. To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Plannina and Zonina Action: D APPROVED D OTHER Agenda Request ItJ August 16, 2007 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X ] Quasi-JD [ X ] Planning and Zoning Commission Growth Management Presented By Gr~1~ent Director Consider Draft Resolution 07-138 granting a Conditional Use Permit to allow the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and judicial functions that will include the Department of Forestry Division Office and the St Lucie County Emergency Operation Center in the I (Institutional) Zoning District for property located at 15601 Midway Road. The petitioner, St. Lucie County Director of Growth Management, has requested this Conditional Use Permit to allow the continued operation of the Sf. Lucie County Fairgrounds and the operation of Executive, Legislative, and judicial functions including but not limited to the US Forestry and Emergency Operation Center in the I (Institutional) Zoning District (File No: CU - 420071135) N/A On April 20, 1999, the Board of County Commissioners approved Resolution No. 99- 015 granting a change in zoning from the AG-5 (Agricultural - 1 dul 5 acres) Zoning District to the I (Institutional) Zoning District. Forward a recommendation to the Board of County Commissioners to approve the application of St. Lucie County Director of Growth Management for a Conditional Use Permit to allow the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District. D DENIED Fonn No. 07-28 St. Lucie County Fairgrounds Conditional Use CU 420071135 Transmittal Master Checklist as of 7/9/07 Primarv Distribution Sent Received Environmental Resources Department, Amy Mott: 04/27/07 OS/24/07 Transportation Planner, Andrew Riddle 04/27/07 No Public Works Surveyor - Ron Harris: 04/27/07 06/14/07 Road, Bridge, & Transportation - Don Pauley: 04/27/07 05/04/07 Stormwater Management - Mike Halter: 04/27/07 06/11/07 General Engineering - John Frank: 04/27/07 06/14/07 Zoning Supervisor - Paula Bushby: 04/27/07 No Attorney Prop Acquisition - JoAnn Riley: 4/27/07 07/08/07 Sheriffs Department - Major Monahan: 04/27/07 No St Lucie County Fire District - Captain Derek Foxx: 04/27/07 05/1 0/07 Ft Pierce Farms/North St Lucie Water Control District 04/27/07 No - Ray Garcia: Property Appraiser's Office - Maurice Snyder: 04/27/07 No IF AS - Jeffrey Gellermann: 04/27/07 OS/21/07 Residential Onlv School Board ofSt Lucie County - Marty Sanders: 04/27/07 05/08/07 Community Services (Transit) 04/27/07 OS/22/07 Geoe:raphical Based St Lucie County Utility Department - 04/27/07 St. Lucie County Health Department 04/27/07 05/03/07 Airport Authority - Diana Lewis: 04/27/07 05/04/07 City of Ft Pierce - Beach/Recor: 04/27/07 No City of Port St Lucie - Cheryl Friend: 04/27/07 No Ft Pierce Utilities Authority - David Mellert: 04/27/07 No Education and Research Authority - Jane Bachelor: 04/27/07 No Jim David - Mosquito Control Director 0427/07 05/01/07 Parks & Recreation - Debra Brisson 04/27/07 OS/22/07 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Bob Nix, AICP, Director of Growth Management THROUGH: Kristin Tetsworth, Planning Manage:)íf" FROM: Linda Pendarvis, Planner DATE: July 10, 2007 SUBJECT: Application of St. Lucie County Director of Growth Management, for a Conditional Use Permit to allow for the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions that will include the Department of Forestry Division Office and the St. Lucie County Emergency Operation Center in I (Institutional) Zoning District (File No. CU 420071135), The above project has been reviewed by staff in accordance with the standards of review set forth in Section 11.07.00 of the St. Lucie County Land Development Code. Our review of the above petition included providing a copy of the application materials to several County Departments with a request for comments on the proposed conditional use permit. Those Departments receiving a copy of the application material are indicated on the attached transmittal sheet. Staff has reviewed all comments and recommendations and would like to advise you that the above referenced Conditional Use Permit has been determined to meet all applicable provisions of Section 11.07,00, of the St. Lucie County Land Development Code. Staff is requesting that you place this item for public hearing before the St. Lucie County Planning and Zoning Commission agenda at the next available meeting. Please let me know if you have any questions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 TO: Planning and Zoning Commission Review: August 16, 2007 File Number CU 420071135 STAFF REPORT GROWTH MANAGEMENT DEPARTMENT Planning and Zoning Commission THROUGH: Bob Nix, AICP, Growth Management Director PREPARED BY: Linda Pendarvis, Planner DATE: July 10, 2007 ITEM: Petition of St. Lucie County Director of Growth Management has requested this Conditional Use Permit. (File No: CU - 420071135) GENERAL INFORMATION: APPLICANT: CONTACT PERSON: PHONE: REQUESTED ACTION: PURPOSE: LOCATION: St. Lucie County Board of County Commissioners Dan E. Davila, PE Thomas M. Caruso, RLA Miller / Legg (561) 689-1138 (772) 344-3411 Conditional Use Permit to allow the continued operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and judicial functions including but not limited to the US Forestry Division and Emergency Operation Center in the I (Institutional) Zoning District The purpose of the request is to allow the St. Lucie County Fairgrounds existing operation to be in compliance with the I (Institutional) Zoning District and to allow the operation of the US Forestry Division and St. Lucie County Emergency Operation Center in the I (Institutional) Zoning District. 15601 Midway Road STAFF REPORT DATE: July 10, 2007 APPLICATION NO.: CU 420071135 HEARING BODY: Planning & Zoning Commission Page 1016 Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 ] 2 3 4 5 6 7 8 9 10 11 12 13 14 ]5 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SIZE: 249 acres EXISTING LAND USE AND ZONING: Subject property: The subject property is presently the operation of the St. Lucie County Fairgrounds. The Department of Forestry recently received building permits to develop 2.99 acres for the offices. The St. Lucie County Emergency Operation Center is developing 16.44 acres for their future site on the subject property. North, East and West: The land use to the north, east and west of the subject property are large agricultural tracts used for farms, groves and related agricultural uses. South: The property to the southwest was previously used as Harbor Branch Shrimp Farm but is currently abandoned. The property to the southeast is vacant agricultural. SUBJECT PROPERTY ZONING: I (Institutional) SURROUNDING ZONING: North: AG-5 (Agricultural- 1 du/5 acres) South: AG-5 (Agricultural- 1 du/5 acres) East: AG-5 (Agricultural - 1 du/ 5 acres) West: AG-5 (Agricultural- 1 du/5 acres) SUBJECT PROPERY FUTURE LAND USE: P/F Public Facilities T/U Transportation Utilities SURROUNDING FUTURE LAND USE: North: AG-5 (Agricultural- 1 du/5 acres) South: AG-5 (Agricultural - 1 du/5 acres) East: AG-5 (Agricultural-1 du/5 acres) West: AG-5 (Agricultural- 1 du/5 acres) CONDITIONAL USE APPLICATION FILE DATE: 04/27/07 STAFF REPORT DATE: July 10, 2007 APPLICATION NO.: CU 420071135 HEARING BODY: Planning & Zoning Commission Page 2 of 6 Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 20 Working Day Limitation Period for Completeness Determination: OS/25/07 Results: Complete: _YES incomplete: DRC Meeting Staff Only: 05/17/2007 30 Working Day Limitation Period for Conditional Use Application be scheduled for Planning and Zoning Commission: 07/10/07 DRC Meeting with applicant: 06/14/2007 SPECIAL INFORMATION: STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning and Zoning Commission shall consider and make the following detenninations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use is not in conflict with any applicable portions of the St. Lucie County Land Development Code or Comprehensive Plan. The subject property is designated P/F (Public Facilities) on the Future Land Use Map and is within an I (Institutional) Zoning District. Current Zonina: Section 3.01.03(X)(7), I (Institutional) Zoning District, allows the operation of Fairgrounds and Executive, Legislative, and Judicial functions as a Conditional Use, subject to Board of County Commission approval. The St. Lucie County Fairgrounds is an existing operation on the subject property. On April 20, 1999, the Board of County Commissioners granted approval for the change in zoning on the subject property from the AG-5 (Agricultural - 1 dul 5 acres) Zoning District to the I (Institutional) Zoning District, Attached is a copy of Resolution No. 99-015 granting approval. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; Comoatibilitv with neiahborhood: The proposed conditional use is not expected to adversely impact the surrounding properties. The surrounding properties are mostly large tracts of groves, farms and agricultural uses. The applicant, St. Lucie County Board of County Commissioners, has applied for the requested conditional use in order to continue the operation of the St. Lucie County Fairgrounds and to allow the operations of the Department of Forestry and SLC Emergency Operation Center in the I (Institutional) Zoning District. The St. Lucie County Fairgrounds has been in existence since February 2003. The Department of STAFF REPORT DATE: July 10, 2007 APPLICATION NO.: CU 420071135 HEARING BODY: Planning & Zoning Commission Page3of6 Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 Forestry Office and the SLC Emergency Operation Center is compatible to the Fairgrounds 2 operation and the adjust properties. 3 4 3. Whether and the extent to which the proposed conditional use would be served 5 by adequate public facilities and services, including roads, police protection, solid 6 waste disposal, water, sewer, drainage structures, parks, and mass transit; 7 8 This conditional use is not expected to create significant additional demands on any public 9 facilities in this area. 10 11 WaterlWastewater Provider: The subject property currently has a sewer and water system 12 on site which services the Fairgrounds facility and the Department of Forestry. The system 13 is regulated by Florida Department of Environmental Protection and the South Florida Water 14 Management District. The Emergency Operation Center will receive wastewater service 15 through the Fairgrounds Wastewater Treatment Plant but the potable water will be provided 16 by St. Lucie County Utilities. 17 18 Fire/EMS Protection: Station #11 - 3501 Shinn Road is located approximately 2.5 miles 19 northeast of the subject property. 20 21 Traffic Impacts: After reviewing the Transportation Impact Report for the St. Lucie County 22 Fairgrounds Conditional Use Application, staff has determined that the report complies with 23 Section 11.02,09(A)(4) of the Land Development Regulations. The transportation impact 24 report indicates that all of the links within the impact study area are expected to operate at 25 an acceptable level of service. 26 27 Riaht-of-Way / AdeQuacy: Existina Riaht of Way: 28 Midway Road existing right-of-way width is 60 feet. 29 Okeechobee Road existing right-of-way width is 300 feet. 30 31 Under current County standards the ultimate RIW for Midway Road is 160'. State Road 70 is 32 under FDOT jurisdiction. There are plans for the widening of SR70. All the right of way that 33 will be needed for this effort has been acquired, Additionally as part of the widening the 34 FDOT WILL reconfigure the intersection of Midway Road at State Road 70 and the entrance 35 into the County Fairgrounds. 36 37 Storm water Manaaement: St. Lucie County Stormwater Drainage Permit is required for 38 development on the subject property per Section 7.07,04 of the St. Lucie County Land 39 Development Code and South Florida Water Management District. Pursuant to Section 40 11.02.08(B)(6) of the St. Lucie County Land Development Code conditions for Major Site 41 Plan Approval, no work shall commence on the site until all regulatory permits required from 42 Federal, State, and regional agencies and special districts have been issued. The Florida 43 Department of Environmental Protection, National Pollutant Discharge and Elimination 44 System compliance notice must be submitted to the County Engineer with the constructible 45 site plan at the time of building permit application or during permit review or no paving, 46 grading, and drainage permit and no building permit shall be issued, All National Pollutant 47 Discharge and Elimination System Best Management Practices shall be instituted on the STAFF REPORT DATE: July 10, 2007 Page 4 of6 Form No. 07-15 APPLICATION NO.: CU 420071135 HEARING BODY: Planning & Zoning Commission PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the 2 same time the site is cleared of groundcover, The subject property is located with in the 3 North St. Lucie River Water Control District. 4 5 4. Whether and the extent to which the proposed conditional use would result in 6 significant adverse impacts on the natural environment; 7 8 Environmentallv Sensitive Areas: The proposed conditional use is not anticipated to create 9 adverse impacts on the natural environment. The existing Fairgrounds operation on the 10 subject parcel will be used in a manner similar to the current operation. There are no 11 significant environmental features on the subject property. 12 13 Natural Hazards: The subject property is located in Flood Zone X, an area determined to 14 be outside the 500 (five hundred) year flood plain, FEMA Map Number 12111C0275F, 15 Effective Date: August 19, 1991. 16 17 SUMMARY: 18 19 Staff Recommendation: The petitioner, St. Lucie County Board of County 20 Commissioners, has requested the Conditional Use Permit to allow the operation of the St. 21 Lucie County Fairgrounds and allow the sites for the Department of Forestry and St. Lucie 22 County Emergency Operation Center to be in compliance with the I (Institutional) Zoning 23 District. The subject property is the existing St. Lucie County Fairgrounds and is located at 24 15601 Midway Road. The existing and proposed activity is allowed as a conditional use in this 25 zoning district upon approval of the Board of County Commissioners. 26 27 The subject property currently has several buildings on site which are used for the operation 28 of the Fairgrounds and have received building permits for the structures through the Code 29 Compliance Division. The applicant is requesting the Conditional Use Permit for the entire 30 249 acres for the additional development of the Fairgrounds, Department of Forestry and 31 future development of the Emergency Operation Center. 32 33 Attached is a copy of Section 3.01.03(X) - I (Institutional) Zoning District of the St. Lucie 34 County Land Development Code, which delineates the permitted, accessory, and 35 conditional uses allowed in this zoning district. 36 37 Staff has reviewed this petition and determined that it conforms to the standards of review 38 as set forth in the St. Lucie County Land Development Code and is not in conflict with the 39 goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff 40 recommends that the Planning and Zoning Commission forward a recommendation of 41 approval to Board of County Commissioners 42 43 Deficiencies and Discrepancies: If the requested Conditional Use Permit is granted St. 44 Lucie County Fairgrounds will be in compliance with the existing I (Institutional) Zoning 45 District. 46 47 ATTACHMENTS: STAFF REPORT DATE: July 10, 2007 Page 5 of6 Form No. 07-15 APPLICATION NO.: CU 420071135 HEARING BODY: Planning & Zoning Commission PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1. Location Maps 2. Copy of Application 3. Resolution No. 99-015 4. Existing Zoning Designation 3.01.03(X) Institutional Zoning District 5. Draft Resolution No. 07-138 6. Suggested Recommendation for approval or denial Approved by: -=~ù ~. ~~m5l rJ.;¡ Planning Manager Department of Growth Management lap cc: Ray Wazny, Asst. County Administrator Debra Brisson, Parks and Recreation Department Miller I Legg, www.millerleoo.com File STAFF REPORT DATE: July 10,2007 APPLICATION NO.: CU 420071135 HEARING BODY: Planning & Zoning Commission Page 6 of 6 Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 ßr I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 99-015 FILENO.: RZ-99-405 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-S (AGRICULTURAL -1 nU/s ACRES) ZONING DISTRICT TO THE I (INSTITUTIONAL) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. The St T.ncie County Board of Conni)' Commissioners presented a petition for a change in zoning from the AG-5 (Agricultural - I du/5 acres) Zoning District to the I (Institutional) Zoning District for the property described below, 2. On March 18, 1999, the St. Lucie County Plamùng and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the AG·5 (Agricultural - I du/5 acres) Zoning District to the I (Institutional) Zoning Distric1 for the property described below. 3. On April 20, 1999, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4, The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06,03 of the St. Lucie County Land Development Code, 5, The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: SECTION 1, TOWNSmp 36 SOUTH, RANGE 38 EAST, THAT PART OF THE EAST Y, LYING SOUTH OF wmTE CITY ROAD AND SOUTH OF STATE ROAD 70 - LESS ROAD RIGHT-OF-WAY AS IN OR 43-397 AND LESS CANAL RIGHTS-OF-WAY AND LESS OKEECHOBEE ROAD WIDENING AS IN OR 308-1043 (171.73 AC). (Tax J.D. No. 3101-133-0005-000/0); and; File Nf.),: RZ-99-OOS Apnl 20. 1999 ResolutiDn. 99-Gl~ Page 1 r!Ä~ ::o::J"T1c..., '" ....'0 n_:I> om:=; .., ::¡ a.~ro ªð-~ "'.... ....... 0·· Os ';"~;' ~..Jn ..b~ro "''':¡~ ...00 bcc..... ~-{Jg '" ro DS3c-: . ... :3: a> .., . on 0'" "";:-' ~¡;: t,,)~ I\Jrl ~' ~: .... ..". :I> mr' ".,'" n at;; (J1~ Q',§ o,()~ 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 8Ðr:ó,:01<;~n,t) .1 s: s:.r ~ OOi] BO SECTION 12, TOWNSHIP 36 soUTi'~ jìlfl\sT, THE NORTH V, OF THE NORTHEAST 1/4 - LESS ROAD AND CANAL RIGHTS-OF-WAY (77.99 AC) (Tn I.D, No, 3212-111-4002-000/5). (Location: SOllthwest corner of the intersection of Okeechobee Road and West Midway Road (WhIte City Road» CONTAINING 250.72 ACRES. owned by St. Lucie County, is hereby changed from the AG-5 (Agricultural- I du/5 acres) Zoning District to the I (Institutional) Zoning District. B. The 81. Lucie County Commwùty Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chainnan Paula A. Lewis AYE Vice-Chainnan John D. Bruhn AYE Commissioner Frannie Hutchinson AYE AYE Commissioner Doug Coward Connnissioner Cliff Barnes AYE t C ~ PASSED AND DULY ADOPTED This 201h Day of April 1999. BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY, FLORIDA ~ ~ r· ~ BY li~1h~¿)7ná ~ ~ c ... ATTEST: C l: ,.{ hf H:\ WPIRESOL UTI.N\FINISHED.99\FaìrRZIFair. wpd J " File NO'.: RZ·99.ooS April 20. 1999 R.esoJution99·015 Page 2 1 2 3 4 5 RESOLUTION 07-138 FILE NO.: CU 420071135 6 7 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF THE ST. LUCIE COUNTY FAIRGROUNDS AND THE OPERATION OF EXECUTIVE, LEGISLATIVE, AND JUDICIAL FUNCTIONS THAT WILL INCLUDE THE DEPARTMENT OF FORESTRY DIVISION OFFICE AND THE ST. LUCIE COUNTY EMERGENCY OPERATION CENTER IN THE I (INSTITUTIONAL) ZONING DISTRICT FOR CERTAIN PROPERTY LOCATED AT 15601 MIDWAY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDED FOR DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCATION. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 WHEREAS, the Soard of County Commissioners of 51. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. St. Lucie County Director of Growth Manaaement presented a petition for a Conditional Use Permit to allow for the operation of the 51. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District, depicted on the attached maps as Exhibit "S" and described in Part "S" below. 2. On August 16, 2007, the S1. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Soard of County Commissioners approve I deny a conditional use permit to allow for the operation of the 51. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions in the I (Institutional) Zoning District for the property depicted on the attached maps and described in Part S below. File No.: CU-420071135 XXX XX, 2007 Resolution 07-138 Page 1 1 3. 2 3 4 5 4. 6 7 8 9 5. 10 11 12 13 6, 14 15 7. 16 On XXX XX, 2007, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, The proposed Conditional Use is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the St. Lucie County Land Development Code. The proposed Conditional Use 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. The proposed Conditional Use will be serviced by adequate public facilities and services. A Certificate of Capacity as required under Chapter V, St. Lucie Land Development Code, a copy of which is attached to this resolution as Exhibit "A", was granted by the Growth Management Director on XXX XX, 2007. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the St. Lucie County Land Development Code, a Conditional Use Permit for St. Lucie County Board of County Commissioners to allow for the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative and Judicial functions in the I (Institutional) Zoning District is hereby approved for the property owned by St. Lucie County. B. The property on which this Conditional Use Permit is being granted is described as follows: THE EAST ONE HALF (112) OF SECTION 1, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) AND MIDWAY ROAD, AND THE NORTH ONE HALF (112) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 12, TOWNSHIP 36 SOUTH, RANGE 38 EAST. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 250.72 ACRES OF LAND MORE OR LESS. (Location: 15601 Midway Road, Fort Pierce) C. This Conditional Use Permit approval shall expire on XXX XX, 2008, unless a Building Permit or Certificate of Zoning Compliance is obtained or an extension is granted in accordance with Section 11.07.05(F), St. Lucie County Land Development Code. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, St. Lucie County Board of County Commissioners, including any successors in interest, shall obtain all necessary permits and File No.: CU-420071135 XXX XX, 2007 Resolution 07-138 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part B. E. The Certificate of Capacity, a copy of which is attached to this resolution as Exhibit "An, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required, G. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft xxx Vice-Chairman Joseph E. Smith xxx Commissioner Paula A. Lewis xxx Commissioner Charles Grande xxx Commissioner Doug Coward xxx PASSED AND DULY ADOPTED This XX Day of XXX, 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney lap H:\PLANNINGISt. Lucie County FairgroundslSLC Fairgrounds CU 420071135 RES File No.: CU-420071135 XXX XX, 2007 Resolution 07-138 Page 3 Suggested motion to recommend approval/denial of this requested change in zoning. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING , INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF ST. LUCIE COUNTY DIRECTOR OF GROWTH MANAGEMENT, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF THE ST. LUCIE COUNTY FAIRGROUNDS AND THE OPERATION OF EXECUTIVE, LEGISLATIVE, AND JUDICIAL FUNCTIONS THAT WILL INCLUDE THE DEPARTMENT OF FORESTRY DIVISION OFFICE AND THE ST. LUCIE COUNTY EMERGENCY OPERATION CENTER IN THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OFST. LUCIE COUNTY DIRECTOR OF GROWTH MANAGEMENT, FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE OPERATION OF THE ST. LUCIE COUNTY FAIRGROUNDS AND THE OPERATION OF EXECUTIVE, LEGISLATIVE, AND JUDICIAL FUNCTIONS THAT WILL INCLUDE THE DEPARTMENT OF FORESTRY DIVISION OFFICE AND THE ST. LUCIE COUNTY EMERGENCY OPERATION CENTER IN THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE.... [CITE REASON[S] WHY - PLEASE BE SPECIFIC]. 1 2 3 4 5 6 7 Exhibit A 8 9 Certificate of Capacity 10 11 12 13 14 15 16 17 18 File No.: CU-420071135 XXX XX, 2007 Resolution 07-138 Page 4 CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 7/10/2007 Certificate No. 2651 -- -- ~ . This document certifies that concurrency wiII be met and that adequate public facility capacity exists to maintain the i standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: ' ---~-' 1. Type of development St. Lucie County Fairgrounds Number of units 0 Number of square feet 170994 2. Property legal description & Tax ID no. 320113300050000 15305 MIDWAY RD St. Lucie County Fairgrounds 3. Approval: Building Permit Resolution No. 07-138 Letter 4. Subject to the following conditions for concurrency: Owner's name SI Lucie County Address 2300 Virginia Ave Fort Pierce FL 34982 6. Certificate Expiration Date This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same ! terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. 8M? (II Ý. Growth Management Director: St Lucie County, Florida Signed ~-I- ¡/y.. Date: 7/10/2007 [iNO(l6/A \ Ó t)D u= Concurrency Review by: SIgned ¿::::7· " Date: 7/10/2007 Tuesday, July 10, 2007 Page 1 of 1 1 2 3 4 5 6 7 8 9 . 10 . 11 12 13 14 15 16 Exhibit B General Location Map Area Subject to the Change in Zoning File No.: CU-420071135 XXX XX, 2007 Resolution 07-138 Page 5 OFFICE USE ONLY DATE FILED: REVIEW FEE: CONCURRENCY FEE: RECEIPT #: RECEIPT #: SITE PLAN #: RESOLUTION #: CERT, CAPACITY #: ;"-,' ST. LUCIE COUNTY GROWTH MANAGEMENT DEP ARTMEN'f' 2300 Virginia Ave Fort Pierce, FL 34982 772-462-2822 APR 27 2007 .-, APPLICA TION FOR CONDITIONAL USE (Except Telcom Towers) Directions for Submittal Please complete the requested infonnation and submit all items to the St. Lucie county Growth Management Department at the address listed above. The proper non-refundable application fee must accompany all applications, For assistance in submitting the application, please contact the St. Lucie County Growth Management Department, PlaMing Division. Property Size Review Fee Concurrency Deferral Less than 10 Acres $500.00 $25.00 More than 10 Acres $800.00 $25.00 Conditional Use Review Fees Extension of an approved Conditional Use $300.00 FolIowing notification that the application is complete, this petition will be scheduled for the next available Planning and Zoning Commission meeting. The Planning & Zoning Conunission meets on the third Thursday of each month. Presentation to the Board of County Conunissioners is dependent upon scheduling before the Planning and Zoning Commission, Please allow a minimum of 90 to 120 days for completion of the public hearing process following the certification of this petition, Initial submissions shall include the following: 1. One (I) original and twenty nine (29) copies of the completed conditional use pennit application, 2. Two (2) electronic copies of the property's legal description, write protected in Microsoft Word Fonnat. 3. Three (3) copies of the St. Lucie County Property Tax Map (Scale I :200) with the property under petition highlighted. Special Note: .:. Under the provisions of the St. Lucie County Land Development Code, a petition for a conditional use is considered to be a Final Development Order. Under the defmition of Final Development Order, and consistent with the County's concurrency regulations, sufficient capacities must be demonstrated in all areas of required level of service before this petition can be approved, Should it be detennined that insufficient services exist, no Final Development Order will be issued until the cited insufficiencies are corrected. For additional infonnation on concurrency, please contact the St. Lucie County, Growth Management Department, PlaMing Division, 2300 Virginia Avenue, Fort Pierce, FL 34982. . .:. Some Conditional Use applications will require the submission of a site plan in conjunction with the Conditional Use review. No scheduling of the Conditional Use review before the rlanning & Zoning Commission can be authorized until the site plan is detennined by the Development Review Conunittee to be completed and consistent with applicable County code. For additional infonnation, please contact the St. Lucie County, Growth Management Department, Planning Division, 2300 Virginia A venue, Fort Pierce, FL 34982 All applications for Conditional Use Permit must be completed and fIled with the department before 4:30 PM each business day to meet applicable fiUng deadlines. For an application submission to be determined complete, aU required materials must be present at the time of submission. Revised March 21, 2007 PROJECTINFO~ATION APPLICATION INFO~A TION Name St. Lucie County Address 2300 Virginia Avenue Fort Pierce, Flo, ida 34982 Phone 772-462-1100 LOCATION PROPOSED FOR St, Lucie County Fairgrounds CONDITIONAL USE 15601 Midway Road Ft. Pierce, FL 34945 PROPERTY TAX ID # 3201-133-0005-000-0 Please see attached LEGAL DESCRIPTION (attach extra sheets if necessary) SECTION 01 TOWNSHIP 368 RANGE 38E PARCEL SIZE ACRES SQUARE - - 249 FOOTAGE ZONING DISTRICT I ~ - ~nS1:11:U1:10na~ LAND USE CLASSIFICATION I P-F The proposed Conditional Use is for subsection! DESIRED CONDITIONAL USE 7(g) and 7(h) of the Institutional Zoning designation. Fairgrounds, livestock, paddocks, EXISTING USE OF PROPERTY covered exhibition (pavilion arena) Is a chan2e in Zonin2 sou2ltt with the petition for Conditional Use? Yes No x x Is a chan2e in Land Use sou2ht with the petition for Conditional Use? Yes No x Is a Site Plan approval sou2ht with the petition for Conditional Use? Yes No The following information you provide is very important in determining the outcome of your conditional use request. It is required by Section 11.06.00, St. Lucie County Land Development Code that Revised March 21, 2007 appropriate îmdings be made to justify a Conditional Use approval. Please use additional pages, if necessary to justify your request. 1. Describe the reason for the request Conditional Use: Please see attached document for responses to items 1 through 7 of this page. 2, Is the proposed Conditional Use in conflict with any portion of the St. Lucie County Land Development Code or the St. Lucie County Comprehensive Plan? 3. How is the proposed Conditional Use compatible with the existing uses in the area? 4, What conditions have changed in the immediate area that warrants consideration of this Conditional Use application? 5. What are the anticipated impacts of the proposed Conditional Use on the existing and future public facilities in this area? 6. What are the anticipated environmental impacts of the proposed Conditional Use? lfno adverse impacts are anticipated, please explain why. 7. Please provide any additional information about size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements; hazardous substances utilized; and any other issue that would assist in the evaluation of this application. Please use additional sheets if necessary. SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Revised March 21, 2007 Submission of this applicatlOn does not constitute the granting of approval. An appropriate requirements must be met prior to this project beíng presented for approva1 to the appropriate authority. S1. Lucie County reserves the right to request additiona1 information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (property Developer) Agent Information Name: 8t. Lucie County Name: Miller Leqq Address: 2:?ŒJ Vírg:i11ia A venn? Address: 7L.Q ~ "Pnrt' St. Lucie Boulevard Phone: (772) 462-1100 Fax: _ Port St. Lucie, :FL Phone: (772) 344-3411 34984-'i211 Fax: (772) 344-5Dll Ft. Pierce, FL 34945 Property Owner Information This application will not be considered complete without the not3.rized signature of all DrODertv owners of record, which shall serve as an acknowledgment of the submission of this application for site plan approval. The property owner's signature below shall also serve as authorization for the abov applicant or agent to act on behalf of said property owner. 57. "--lAG/£.. c..O ~ Property Owner Name (please Print) Prope Phone: STATE OF FLORIDA COUNTY OF OFFICE USE ONLY The foregoing instrument was acknowledged before me this _ Project Reviewer: day of ,20_. by DRC Review: who is personally known to me or who has produced Approval Date: as identification. Comments: Signature of Notary Type or Print Name of Notary Notarv Pub1ic TitJe Commission Number (Sea1) St. Lucie County Revised March 21, 2007 Concurrency Deferral Affidavit Fee: $25.00 I, , residing or doing business at Name Street have applied for a City State Zip Phone from S1. Lucie County, Florida, for the following project: Type of Development Order Name of Proposed Development I do hereby affirm that in connection with my application for the above project, I have elected to defer the certificate of capacity and reservation of capacity in public facilities for the above property until a later time, but no later than the application for a final development order for the same property, I understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can be issued, and that S1. Lucie County can make no guarantee that adequate public facilities will be available when I apply for the final development order, I further acknowledge that according to Section 5.01,01 of the S1. Lucie County Land Development Code, no final development approval can be granted until capacity in those facilities is available at that time. The issuance of a preliminary development order without a certificate of capacity creates no vested or other rights to develop the subject property. Signed: Date: Applicant STATE OF FLORIDA, COUNTY OF The foregoing instrument was acknowtedged before me this _ day of , 20_. by Who is personally known to me or who has produced as identification, Signed - Notary Public Type or Print Name of Notary Commission Number Witness Witness Revised March 21, 2007 Conditional Use Response Attachment 1. Describe the reason for the requested Conditional Use? The fairgrounds have been in use for many years and the proposed Conditional Use is to bring the subject site to confonning standards with the St. Lucie County Land Development Code under the Institutional zoning designation. The Institutional zoning designation pennits 'fairgrounds' as a Conditional Use. 2. Is the proposed Conditional Use in conflict with any portion of the St. Lucie County Land Development Code or the St. Lucie County Comprehensive Plan? The proposed Conditional Use is not in conflict with the Land Development Code or the Comprehensive Plan. A Conditional Use within the Institutional zoning designation pennits 7(g) Executive, legislative, and judicial functions and 7(h) Fairgrounds. The proposed Conditional Use shall bring the site up to confonning standards pursuant to the Land Development Code Institutional designation. 3. How is the proposed Conditional Use compatible with the existing uses in the area? The subject site is the St. Lucie County Fairgrounds. The fairground site is surrounded by existing agricultural land uses. The fairgrounds are utilized for special events and no adverse impacts to the surrounding agricultural uses are anticipated. 4. What conditions have changed in the immediate area that warrants consideration of this Conditional Use application? No conditions have changed in the immediate area; however, the proposed Conditional Use shall bring the site into confonnance with the Land Development Code. 5. What are the anticipated impacts of the proposed Conditional Use on the existing andfuture public facilities in this area? No major additional impacts are anticipated. The subject site shall continue to be utilized as the St. Lucie County Fairgrounds. 6. What are the anticipated environmental impacts of the proposed Conditional Use? Ifno adverse impacts are anticipated, please explain why: No adverse impacts are anticipated. Please see attached Environmental Report. 7. Please provide any additional information abut size, hours, and seasons of operation; number of employees; number of car or truck trips; equipment utilized; anticipated duration of use; impacts of noise and light; access improvements; hazardous substances utilized; and any other issues that would assist in the evaluation of this application, · Size - 249 acres · Hours - Usual hours of operation: 7a.m.-3:30p.m. For average events- 7a.m.- I Ip.m. occasionally for special events-extended hours. · Seasons of operation - All · Number of employees - Forestry BJdg == 5 FEMA trailers = 33 EOC = 50SLC BOCC/Fairgrounds: 7.5 Fair Association: 4 · Number of car or truck trips -Please see attached Traffic Impact Report · Equipment utilized - Mowers, rubber-tired machines wlbaskets, bush hogs & ditch mowers. · Anticipated duration of use - Annually · Impacts of noise and light - The subject site is an institutional use surrounded by agricultural. It appears that the surrounding agricultural does not raise livestock and therefore no negative impacts of noise and light are foreseen. · Access improvements - The subject site currently has improved access. There is paved access from Midway Road and unpaved access from Peacock Road. FDOT is planning improvements to the Okeechobee/Midway intersection which wíII have a positive effect on the surrounding road network and access to the fairgrounds. No other access improvements are planned at this time. · Hazardous substances utilized -Any hazardous substances utilized are kept in specialized lock-up as required by Environmental Laws - Please see attached Environmental Impact Statement. ~ x. L INSTITUTIONAL 1. purposl;! The purpose of this district is to provide'andprotect and environment $uitable'forin$titutional, public; ~nd quasi-public uses, together with such other uses as may be cOmpatible with institutional, public, and quasi-public surrou.ndings. The number in ·0· follóWing- each identified uSe corresponds-to the SIC code reference described'in Section 3.01 :02(8). The ntimber 999 applies to a use not defined under the SIC code but may be further def.ined in Section 2.00.00 of this code. 2. '.' Permitted Uses Community residential homes subject to the provisions of Section 7.1 0.07. (999) . Family day care· homes. (999)' Family residential. hömès provided that such homes·shall not be Iocated.within a'radius of one thousand (1 000) feet of another existing suchfa~,!yresidentiàl.homè and provided tha~ the sponsoring agency or the Department òf. He~"hJlj1d, Rehabnit.atÌ'if~ Services (HRS) notifies the ~d of County Commissioners at the tim~' of home'OCCüpancy thatlliehome is licensedby·HRS. (999)' . '.' .' .....,'''.. .-.... ..:'.... ' Institutional residential homes. (9119)' ',. ' . Parks. (999) Police & fire protection (9221.9224) Recreational activities. (9119) Religious organizations (866) a. b. . . . c. ... "~ . d. e. f. g. h. 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.Q4.00. i. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. . Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Amphitheaters. (999) b. Cemeteries. (6553) c. Membership organizations (85) d. Correctional institutions. (9223) e. Cuttural activities and nature exhibitions. (999) f. Educational services and facilities 182) g. Executive, legislative, and judicial functions. (91.92.93.94,95,91,117) h. Fairgrounds. (999) i. Funeral and crematory services. (726) - - ~-~'..'--. '.' .~.' ~-'-.' ~-_."","~'. Sllucie~Land ~Code - Mop'ed ÀÚlÏûsn. 1990 3-43 . .' .-;. .. . -:. - .~ ., ~~'Ò5Í1~. j. Theaters. !1!19) k. Medical and other health services. (80) I. Postal service. (43) m. Residential care facilities for serious or habitual juvenile offenders. (999) . n. . Socialservioes (831 p'" . Sporting. and recreational camps (1032) 1>:"'" "Stadiums, are~as'ooraC$,l~cks (794) . . . . . . o' . q. ,Telecommunicationtowers.- subject to the standards of·Section 7.1().231999> "- ,._-~ 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and inclµdè the foJlo,wing: a. b. ' DrInking places (alcoholic: bev~rages related. tCH:iyiC,.SOPal¡ apd fraternal uses ).(999) Restaurants. (Including the Sale of alcoholic beverages for~n-premisescònsumption only.) (899J "'., o. 000 ....-. -;. '0 ' Funeral and crématory ~ices. (726) " . He"pO~Jandingltãk~offpads:(!I!I9). ", ,.".. ... 0 "', .,.. 0 0 '. DelaChed slngle-famiJy'dweJling linit or mobile'home, for'On-:site security purposes. (!1!19) Residence halls or dormitories. (999) : ' , c. d.. e. f. '" . .... " :,,":- '. '" . . . .... " ... 51. lude CounIy land Døvølopmer& Code AdoþIed Augusl1. 1990 3-44 , ~~~oo;".ÌlS'i5io-t BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENl August 3, 2007 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 USA In accordance with the St. Lucie County Land Development Code, you are hereby advised that St. Lucie County Director of Growth Management has petitioned St. Lucie County for a Conditional Use Pennit to allow for the operation of the St. Lucie County Fairgrounds and the operation of Executive, Legislative, and Judicial functions that will include the Department of Forestry Division Office and the St. Lucie ComIty Emergency Operation Center in the I (Institutional) Zoning District, for the following described Property: Location: 15601 Midway Road LEGAL DESCRIPTION: THE EAST ONE HALF (1/2) OF SECTION 1, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LYING SOUTH OF OKEECHOBEE ROAD (STATE ROAD 70) AND MIDWAY ROAD, AND THE NORTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 12, TOWNSHIP 36 SOUTH, RANGE 38 EAST. THE ABOVE DESCRIBED PARCEL OF LAND CONTAINING 250.72 ACRES OF LAND MORE OR LESS. The Planning and Zoning COrnTIÙssion public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Thursday, August 16, 2007, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written conunents received in advance of the public hearing will also be considered, The County Planning Division should receive written conunents to the Planning and Zoning COrnTIÙssion at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and conunent at the public hearing of this matter before the Planning and Zoning COrnTIÙssion and County COrnTIÙssion, rather than by contact outside of the scheduled public hearing(s), We encourage you to speak at these public hearings, or provide written conunents for the record. The proceedings of the Planning and Zoning COrnTIÙssion are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing maybe continued to a date-certain. Anyone with a disability requiring acconunodation to attend this meeting should contact the St. Lucie County Conununity Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428, JOSEPH E. SMITH. District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. CHARLES GRANDE, DistrIct No.4 . CHRIS CRAFT, DistTict No.5 County Administrator - Douglas M. Anderson Website: www.co.st-Iucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GISfTechnical Services: (772) 462-2822 FAX: (772) 462-1581 Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344-TGIF FAX: (772) 462-2132 If you no longer 0\'.-11 property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-2822 ¡fyou have any questions, and refer to: File Number: CU 420071135 Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION Bill Hearn, Chairman Form No. 07-12 ttc., .^ t,':-,.':·i,:-, :::,,.;{'~;~,. ..,.'..,....,'..'..:.........-,..... ,.: ~ , SiD VD Reaaest Date: July 10,2007 AtteDtiOD: James Beams 8ign# \\0\ 8t. Lucie County Board of County Commiqioners CU 420071135 Date Sent to Road Dept: 1-'~\-(n Sip Deeds to be ap by: ".~. en Please return siped and dated original to Deanna Givens (en 6426) at Growth Management. Thank you. 8t. Lucie County Affidavit of Public Notice I, þOI2 ~ It'. p.pvC . do hereby certify that as Agent for the 81. Lucie County Board of Commissioners on the followiDg described proP""' 11: St. Lade CODtv Fainroucb.I5601 Midwav Road I did on ¿, ¡4-t- r . 2007 erect in a conspicuous place on this property the following notice: PUBLIC NOTICE Public Hearing for St. Lad! ColIIItv Board If CODay Commluio_n for a coDditio.... 1111 uel'lBit to allow the colltiDaed 1111 of tjae St. Lade ColIJIty FainroaadI ad the ......do. of Eseeutive. J .-ItlLtive ad J..u~ faDdio.. that wiD bad_. the Deøu1meat of Foreatrv DiriIio. omee ad tile St. Ladf Co_tv EIDerftDev 0..._. C.ter ba the I ßatitutioun ZoaiDR DiItriet to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on 8/161Ð7 Cil , lM before the planning and Zoning Commission and on "JIJfJXXI'JM7 Cil ilM before the Board of County Commissioners. PETITIONS ARE AVAILABLE AT TIlE FRONT DESK IN THE PLANNING DMSION. ~~~ ¿ ~5 7ðd 7 Date FonD No. 07-13 I~O ,'~ :::s- 10 IU Nl1c5 :~ (!) I~ 0. 2:0 Wi::¡;: ! <.O':::J ioicc 10iC;:¡ ,01:::S- ,00 '6' ! en L--' 'm g '< (I) ¡OJ N' I~ 81 "UO) a ô.T 116 x ,;::¡. 0." I~~ ,=> o » » W <D WIWIW¡WIW1Wlw W W w'w W W W W W wlw W,W -g ~I~ I'.) <D W,I'.) N I'.)IN NI'NIN WII'.)IWIN 1'.)'1'.) W W 1'.)',1'.) W:N ~ (1) -c 0 <D 0l-L -L 0 010 0 0 0 Ala 0......... .....3.iO 0 -L"'¡' 0 0 :!: ::J - ...... <D Q) f\.) N ....t. -Jo. ......... ......I-L ml-L 0) -L I'V N "" (j) "->IN -..¡ ......... ", _ () ......... 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I I 0 1-,1 iii' ' ;::¡. ~'I =>, I 'enro, Q.! ..... »i , <' ~ II!i ° I 1< I -" , 0. , ' < ro a OJ ro IU o ::T ,., r W ,N CD en ,w I I I -I ~ )( ::0 !2.. Õ == ::I C ) ... N 0» C -g ~ 0 ii¡ = c..~ - S' ace 3 õ' -g... a ~ 'C. C ) ï ~C '< n » (ii' 'Co 'C 0 ii1 C UI ::I -. - C )'< ... "T1 ~ æ. gca ... »0 Q.C <::I ~ c.. _UI O' ii! 0 3 ¡ -IN ~ 0 )( 0 ;U~ o ... =(,,1 \II (11 ::I 0. n C .... ii! ::I - o == ::I C ) ... 0. ~ .... ~ ~ UI o - c.... C -< !-J N o o :'I ï ¡¡¡. .... 'C ... C ) 'C ~ ii! Q. c.... C -< ... ... N o o ..... PUBLIC HEARING ÃGEÑDA AUGUST 16, 2007 NOTICE OF PROPOSED CONDITIONAL USE , PERMIT Th~, ~t. l.ucie County Planning and Zoning C4 miSSion IS scheduled to revJew and make recI mendations regarding the following item p tioned by the applicant for adoption by the Bo. of County Commissioners of St. Lucie Coun Florida, by resolution. RESOLUTION NO. 07-138 A RESOLUTION GRANTING A CONDITIONAL U PERMIT TO ALLOW THE 'OPERATION OF THE' LUCIE COUNTY FAIRGROUNDS AND THE ERATION OF EXECUTIVE, LEGISLATIVE. AND DICIAL FUNCTIONS THAT WILL INCLUDE T DEPARTMENT OF FORESTRY DIVISION OFFI AND THE ST. LUCIE COUNTY EMERGENCY ERATION CENTER IN THE I (INSTITUTION, ZONING DISTRICT FOR CERTAIN PROPERTY CATED AT 15601 MIDWAY ROAD IN ST. LUI COUNTY, FLORIDA; PROVIDING FOR DETER NATIONS; PROVIDING FOR APPROVAL SUBJE TO CONDITIONS; PROVIDED FOR DESCRIPTI OF THE AFFECTED PROPERTY; PROVIDING F ENFORCEMENT OF CONDITIONS; AND PRO\ ING FOR A RECORD FILE LOCATION. APPLICANT: ST. LUCIE COUNTY DIRECTOR GROWTH MANAGEMENT LEGAL DESCRIPTION: THE EAST ONE HALF [, OF SECTION 1, TOWNSHIP 36 SOUTH, RAN 38 EAST, LYING SOUTIi OF OKEECHOBEE RO I {STATE ROAD 70) AND MIDWAY ROAD, AI THE NORTH ONE HALF (1/2) OF THE NOR I EAST ONE QUARTER (1/4) OF SECTION TOWNSHIP 36 SOUTIi. RANGE 38 EAST. THE ABOVE DESCRIBED PARCEL OF LAND C . TAINING 250.72 ACRES OF LAND MORE LESS. LOCATION: 15601 MIDWAY ROAD " The Planning and Zonin~ Commission PUBI HEARING on this item will be held in the C, mission Chambers, Roger Poitras' Annex. : Floor. St. Lucie County Administretlon Buildi 2300 Virginia Avenue, Fort Pierce, Florida Thursday, August 16, 2007, beginning at 6 P.M.-or as soon thereafter as possible. AI! interested, persons will be given an apportur to be heard. Written comments received in vance of the public hearing will also be con ered. Written comments to the Planning / Zoning Commission should be received by Growth Management Depahment - Planning [ sion at least 3 days prior to the scheduled h jng, The petition file is available for review at Growth Management Department offices Icca at 2300 Virginia Avenue, 2nd Floor, Fort Pie, Florida. Please call 772/462·2822 if you have questions or require additional information. The SI. Lucie County Planning and Zoning C mission has the power to review arrd recomml tD the 51. Lucie County Board of County Com, sioners, for approval or disapproval, any appi tions within their area of responsibility. The proceedings of the Planning and Zoning C mission are electronically recorded, PURSUÞ TO Section 286.0105, Florida Statutes. if , per' decides to appeal any decision made by the P ning and Zoning Commission with respect to ; matter considered at a meeting or hearing, he she will need a record of the proceedings. such purpose, he or she may need to ensure t a verbatim recorda" the proceedings is ma which record includes the testimony and dence upon which the appeal is to be bas Upon the request of any party to the proceedi individuals testifying during a hearing will sworn in. Any party to the proceeding will granted an opportunity to cross-examine any dividual testifying during a hearing upon reqUi If it becomes necessary, a public hearing may continued to a date-certain. Anyone with a disability requiring accommoda! to attend this meeting ShDUld contact the St. cie County Community Services Director at 11 forty-eight 1481 hours prÏbr to the meeting 772/462-1777 or T.D.D. 772/462-1428. PLANNING AND ZONING COMMISSIONI LOCAL PLANNING AGENCY ST. LUCIE COUNT'! FLORIDA ISIBILL HEARN, CHAIRMAN PUB: AUGUST 6, 2007 1683397 . rage 1 U1 1 Dawn Milone - fairgrounds legal ~:m ¡m¡~~'~~~1' .,f;1,.-.~ 19 ~$1!.r~:Wt~ Date: Subject: Debra Brisson Milone, Dawn 8/3/2007 10:49 AM fairgrounds legal From: To: The East 1/2 of Section 1, Township 36 South, Range 38 East, lying south of Okeechobee Road (State Road 70) and Midway Road and North 1/2 of Northeast 1/4 of Section 12, Township 36 South, Range 38 East (Total Acres: 250.72 +-) 15601 West Midway Road, Ft. Pierce, FI file://C:\TEMP\GW}OOOOI,HTM 8/3/2007 Development Review Committee GROWTH MANAGEMENT DEPARTMENT . Planning Division . . MEMORANDUM TO: REVIEWERS OF DEVELOPMENT PROJECTS PROJECT NUMBER: CU 420071135 FROM: Linda Pendarvis PROJECT TYPE: CONDITIONAL USE PROJECT NAME: ST LUCIE COUNTY FAIRGROUNDS APPROVAL PATH: PZ-BOCC Note: DRC members will receive copies of all new project Institutional Zoning applications along with supporting documentation. Please provide comments on those projects that relate to your department /office, to Growth Management by the response date listed on this transmittal. Projects that are not related are forwarded to provide your department general county-wide development and planning information. TRAN$MITTED MATERIAL Included IApplicatlon y Contact Person y SUBMITTAL DATE: 04/27/07 Legal Description y NOT COMPLETE DATE: Location Sketch N RESPONSE DATE: Aerial Photograph N RESPONSE DATE: Topographic Survey N RESPONSE DATE: Boundary Survey N Existing Condition Plan (on survey) N APP COMPLETE DATE: Project Site Plan N TRANSMITTAL DATE: 04/27/07 Traffic Impact Report or Study N Environment Report N Review Comment I 05/11/07 Landscape Plan N Due Date: Tree Survey N Mitigation Plans N STAFF ONLY MEETING: 5/17/2007 Construction Plans N Preliminary Paving Plans N TENTATIVE Preliminary Drainage Pians N DRC MEETING - Preliminary Utility Plans N IF NEEDED: 6/14/2007 Architectural/ Elevations N Statement of Planning Objectives (PUD)(Zoning) N Preliminary Plat N Transmittal.Mastí¡WList Other 2 CD's LEGAL DESCRIPTION Y -, < ····ii .:..... '.< '.,::. Included LVn!V <i .:. '<, ':.' '. ;< ..:. ':::'. Included Environmental Resources Department - Amv Mot! Y School Board of St Lucie County - Martv Sanders Y Surveyor - Ron Harris y Road, Bridge & Transportion Debra Spivey Y GeO : Bélsêì:L ." «< < "<; .:. '.'i Stormwater ManaQement - Michael Halter y St Lucie Countv Utility Department Laurie Case y General Enaineerina - John Frank Y Airport Authority - Diana Lewis y Zonina Supervisor - Paula Bushbv Y Mosauito Control - Jim David Y Health Department - Jim Moses Y Prop Acquisition - JoAnn Rilev Y Citv of Ft Pierce - MaraottalBuchwald Y Parks and Recreation - Debra Brisson Y City of Port. SI. Lucie - Daniel Holbrook Y Community Services (Transit) - Sebastian Gomez Y Ft Pierce Util Auth - WaterlWastewaterlEngineerina Y Sheriffs Office - Maior Michael Monahan Y Education and Research Authority Dick Kennedy Y St Lucie County Fire District - Captain Derek Foxx Y Ft Pierce Farms Water Control District - Ray Garcia N 9ItI""K . ..':.. ..... ...:. :':"<." .I7IL¡:P;C! FRK:, .' Y North St Lucie Water Control District - Ray Garcia Y PlanninQ ManaQer N Property Appraiser's Office - Jocelyn Bovce y Andrew Riddle y IFAS - Jeffrey Gellermann Y Planner Y .L t , \ ' Agenda Request ~ 09/18/2007 Item Number Meeting Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ X] Quasi-JD [ X] To: Submitted By: ) Board of County Commissioners Growth Management Department SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ŒJ APPROVED D OTHER Presented By 13,-t J'~ Growth Management Director The petitian of Preferred Properties of St. Lucie, LLC, is requesting Preliminary PUD (Planned Unit Development) Site Plan approval for a 40 single family residential lot subdivision on 81.9-acre tract of land to be developed as the Creekside Reserve for property located on the south side of Okeechobee Road, approximately 1,5 miles west of Gordy Road, southwest of the Creekside PUD. (Resolution No. 07-241) On June 7, 2005 the Board of County Commissioners adopted Ordinance No. 05-017 establishing the Creekside Community Development District that also included the Creekside Reserve property. On October 4, 2005 the Board of County Commissioners adopted Resolution No. 05-154 granting Final Planned Unit Development Site Plan approval for the project to be known as Creekside PUD. This approval did not include the 81.9 acres for the project to be known as Creekside Reserve. Creekside Reserve will be accessed through the approved Creekside PUD along public roadways managed by the Creekside Community Development District. At the August 16, 2007. public hearing on this matter, the SI. Lucie County Planning and Zoning Commission, by a vote of 6 to 0 with one member absent (Barry Schrader). recommended approval of the requested Preliminary Planned Unit Development. Staff recommends approval of Resolution No. 07-241 to approve the application of Preferred Properties of St. Lucie. LLC for a Preliminary Planned Unit Development Site Plan to be known as Creekside Reserve, subject to 13 limiting conditions. (File No. PUD-420071 099) D DENIED Approved 5-0 County Attorney E.R.D.: Cty. Engineer: Fonn No. 07-07 Coordination! Signatures o ,)( I Mgt. & Budget: Public Works: Other: Purchasing: Cty. Surveyor: PIP..! other: I\\~r ~. ~ , I \ , County Commission Review: 09/18/07 File Number PUD 420071099 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 TO: Board of County Commissioners THROUGH: Bob Nix, Growth Management Director Kristin Tetsworth, Planning Manage~f\} Linda Pendarvis, Planner FROM: DATE: August 20, 2007 SUBJECT: Petition of Preferred Properties of St. Lucie, LLC for a Preliminary Planned Unit Development approval for the project to be known as Creekside Reserve -PUD. The subject property is located on the south side of Okeechobee Road (S.R. 70) just west of the Ft. Pierce Turnpike Interchange, approximately one mile west of Gordy Road, the Creekside Reserve property is contiguous to the southwest comer of the approved Creekside PUD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. The applicant is requesting the Preliminary Planned Unit Development for future development of the 81.938 acres to a single family residential lot subdivision consisting of 40 detached single family dwelling units. The Planning & Zoning agenda package is attached for consideration. This memorandum provides updates resulting from the Planning & Zoning Commission Public Hearing comments and discussions. At the August 16, 2007 public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 0 with one member absent (Barry Schrader), recommended approval of the requested Preliminary Planned Unit Development. Mr. John Knapp abstained from voting because he does business with the property owner. Planning & Zoning member, Mr. Mundt, asked the applicant if they had met with the neighbors. Mr. Blazak stated they have met with the neighbors to the west and indicated there were no concerns. Mrs. Hammer, Planning and Zoning Board member, concerns were if the Preliminary Planned Unit Development met the Agricultural Open Space Requirements. Staff explained that the Preliminary Planned Unit Development did not totally consist of Agricultural Future Land Use. The following table breaks down the Future Land Use Classification and the amount of acreage per classification. Land Use Classifications RS 12.03 acres A minimum open space required with this land use classification is 35% of 12,03 acres which is 4.21 acres. RIC 60.65 acres A minimum open space required with this land use classification is 35% of 60.65 acres which is 21.22 acres. STAFF REPORT DATE:08120107 APPLICATION NO.:PUD 420071099 HEARING BODY:BOCC Page 1 of 2 PREPARED BY: Linda Pendarvis HEARING DATE: September 18, 2007 ¡, , AG-2.5 9.26 acres A minimum open space required with this land use classification is 80% of 9,26 acres which is 7.41 acres. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Open Space ReQuirements for PUD (Planned Unit Develoement) Section 7.01.03(1) Open Space Standards 1. The Planned Unit Development that is proposed in a RIC (Residential Conservation) and RS (Residential, Suburban) Future Land Use shall be required to have a minimum of 35% open space. 2, The Planned Unit Development that is proposed in an AG (Agricultural) Future Land Use shall be required to have a minimum of 80% open space, 3. The total open space required is 32.84 acres. 4. The proposed development is providing 60.98 acres towards open space. Mrs. Hammer also questioned the extension of water and wastewater west of the Urban Service Boundary line. The agent for the applicant, Mr. Blazak, explained that on June 7, 2005 the Board of County Commissioners adopted Ordinance No. 05-017 establishing the Creekside Community Development District that also included the Creekside ReselVe property. The Creekside CDD agreement bears the complete cost for the extension of public facilities to the Creekside ReselVe PUD. Staff has determined that the proposed Preliminary Planned Unit Development is compatible with the existing and proposed uses in the area. The petition meets the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan, Please contact this office if you have any questions on this matter. SUBMITTED: ßv.J ;/1- Bob Nix, AICP Growth Management Director Attachment lap cc: Preferred Properties of St. Lucie, LLC Culpepper & Terpening, Inc. File STAFF REPORT DATE:08/20/07 APPLICATION NO,:PUD 420071099 HEARING BODY:BOCC Page 2 of2 PREPARED BY: Linda Pendarvis HEARING DATE: September 18. 2007 Preferred Properties of St. Lucie, LLC PRICERD PUD 420071099 ~ Subject property D Urban Service Boundary 5è ..L~ a.~~.k (irO'Wt/í .M.znoonnenl Ve.p4rtwu1ll N A Map prepared August 1, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 STAFF REPORT To: Planning & Zoning Commission Through: Bob Nix, Growth Management Director Kristin Tetsworth, Planning Manager Prepared by: Linda Pendarvis, Planner Item: PUD 420071099 Date: August 1, 2007 GENERAL INFORMATION: Applicant: James "Butch" P. Terpening Preferred Properties of St. Lucie, LLC 2980 South 25th Street Fort Pierce, FL 34981 Contact Person: Bill Blazak, Senior Project Manager Dennis J. Murphy, Senior Project Manager Culpepper and Terpening, Inc. Phone: 772-464-3537 Requested Action: Application of Preferred Properties of St. Lucie, LLC, for Preliminary Planned Unit Development approval for the project to be known as Creekside Reserve - PUD. Purpose: Request for Preliminary Site Plan approval for the 40 single family residential lot subdivision with ingress and egress provided through the already approved Creekside PUD. Location: Located on the south side of Okeechobee Road (S.R. 70) just west of the Ft. Pierce Turnpike Interchange, approximately one mile west of Gordy Road, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside PUD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. Size: 81.938 acres Proposed Use: Detached Single Family Residential Homes Proposed Density: .49 dwelling units per acre Property Tax ID numbers: 2333-111-0000-000/0 2334-220-0000-000/8 2327-333-0000-000/3 Existing Land Use and Zoning: Creekside Reserve is an abandoned grove and environmentally sensitive lands located along Ten Mile Creek. Creekside Reserve land area consists of several zoning districts and land use classifications. STAFF REPORT DATE:08/0l/07 Page 1 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Fonn No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 RS 12.03 acres Residential Suburban land use category is intended to act as a transitional area between the agricultural areas and the more intense residential areas. The RS designation is intended for large lot, single-family detached residential dwellings, at a density of one to two units per gross acre. (24 units) R/C 60.65 acres Residential/Conservation category is intended to identify those privately controlled lands that contain unique vegetation or have characteristics which warrant special attention prior to their being developed. The purpose of this category is to identify those areas that, due to special environmental or other unique constraints, location, property configuration, or topography should be more closely examined before final development approvals are authorized. Areas designated R/C carry a development potential of .20 dwelling units per gross acre (1 dwelling unit per 5 gross acres). (12 units) AG-2.5 9.26 acres AG-2.5 land use designation is intended for those areas of the County outside f the Planned Urban Service Area which are associated with agricultural and agricultural-related activities. These areas are acknowledged as potentially suitable for limited residential development. (4 units) Land Use Classifications 2 3 AG-1 AG-2.5 AG-5 RIC 12.03 acres 9.26 acres 50.17 acres 10.48 acres 4 5 Surrounding Land Use and Zoning: 6 Land Use Classification: Zoning Districts; North RS (Residential Suburban) AG-1 (Agricultural- 1) AG-2.5 (Agricultural- 2.5) AG-2.5 (Agricultural- 2.5) Creekside PUD South RIC (Residential/Conservation) AG-5 (Agricultural - 5) AG-2.5 (Agricultural- 2.5) AG-2.5 (Agricultural- 2.5) East SD (Special District) R/C (Residential/Conservation) R/C (Residential/Conservation) AG-5 (Agricultural - 5) AG-2.5 (Agricultural - 2.5) AG-2.5 (Agricultural - 2.5) Creekside PUD West AG-2.5 (Agricultural- 2.5) AG-5 (Agricultural - 5) P/F (Public Facilities) I (I nstitutional) RlC (Residential/Conservation) 7 8 Comprehensive Plan: 9 10 File Date: 03/28/07 11 12 20 Working Day Limitation Period for Completeness Determination: 04/27/07 13 Result: _Complete; _X_ Incomplete 14 15 Applicant's Information Response Due Date: 09/29/07 16 1 7 Date of Response: 06/04/07 STAFF REPORT DATE:08/0l/07 Page 2 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 2 Applicant's Response:_X_ Will Address Comments; _Will Not Address Comments 3 4 Due Date of Response to Completeness Comments: 06/04/07 5 6 Date Response to Completeness Comments Received: 06/15/07 7 8 20 Working Day Limitation Period for 2nd Completeness Determination:07/13/07 9 IODate of 2nd Completeness Determination: Meeting with applicant on 07/06/07. 11 12 Applicant resubmitted on 07/17/07 13 14 SPECIAL INFORMATION 15 16 Public Utilities and Service Providers: The project is located within St. Lucie County Utility's 17 service area and sanitary service is adjacent to the property and available for service from the 18 County. The service lines will be extended from the existing Creekside PUD to serve the 19 proposed Creekside Reserve. The utility lines and water and wastewater currently exist along 20 Okeechobee Road, as well as electric power and telecommunication service. 21 22 BACKGROUND INFORMATION: 23 24 On June 7, 2005 the Board of County Commissioners adopted Ordinance No. 05-017 25 establishing the Creekside Community Development District that also included the Creekside 26 Reserve property. 27 28 On October 4,2005 the Board of County Commissioners adopted Resolution No. 05-154 granting 29 Final Planned Unit Development Site Plan approval for the project to be known as Creekside 30 PUD, This approval did not include the 81.9 acres for Creekside Reserve. 31 32 Creekside Reserve will be accessed through the approved Creekside PUD along public roadways 33 managed by the Creekside Community Development District. 34 35 ANALYSIS: 36 37 Current Zonina: The current agricultural zoning districts on the subject property allow for 38 an environment suitable for productive commercial agriculture and other uses that are compatible 39 with productive agricultural surroundings. The residential conservation zoning district allow for 40 single family homes with a maximum density of one unit per five gross acres. The maximum 41 density allowed under the current zoning districts are 28 single family dwelling units. 42 43 Proposed Zonina: The proposed Planned Unit Development zoning district will permit a 44 residential development with a maximum density of 40 single family dwelling units on 81.938 45 acres. 46 47 Comcliance with Comcrehensive Plan: 48 49 The proposed project is consistent with the following policies: 50 51 Policv 1.1.1.1: which allows for residential development in the RS (Residential Suburban) Future 52 Land Use classification at a maximum density of 2 du/acre; the R/C (Residential/ Conservation) 53 Future Land Use classification at a maximum density of ,2 du/acre; and the AG-2.5 (Agricultural _ 54 .4 du/acre) 55 STAFF REPORT DA TE:08/0l/07 Page 3 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 Section 7.01.03 (B) of the County's Land Development Code reads as follows: 2 3 The maximum possible permitted density of a Planned Unit Development shall not 4 exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. 5 On North and South Hutchinson Island, the provisions of Section 3.01.03(AA) (8) shall 6 govern. 7 8 The proposed project has been submitted to the County with a gross density of 40 units, or .49 9 duJacre and is therefore determined to be consistent with the County's Comprehensive Plan and 10 Land Development Code. 11 12 POlicv 1.1.4.2: requires that new development be designed and planned in a manner, which does 13 not place an unanticipated economic burden upon the services and facilities of St. Lucie County. 14 The Creekside Reserve property is located in the designated service area for the St. Lucie 15 County Utilities department. Prior to the review of any request for Final Planned Development 16 approval on the Creekside Reserve PUD, the developers will be required to have entered into a 17 formal utility service agreement with the County regarding the provisions of these services. The 18 proposed development is within the boundaries of the existing Creekside Community 19 Development District, which will be responsible for the costs associated with many of the services 20 within the community. 21 22 Policv 1.1.4.3: requires that the County encourage the use of cluster housing and planned unit 23 developments to conserve open space and environmentally sensitive areas. The only portion of 24 the Creekside Reserve property that will be utilitized for development will be the approximate 48 25 acres of previously impacted citrus area. The developed area will consist of approximately twenty 26 acres of residential development; thirteen acres of surface water management; twelve acres of 27 common open space and three acres of floodway restoration. 28 29 Policv 2.3.4.2: requires additional sidewalks, when necessary; to connect or complete either 30 existing or proposed sidewalks in a manner that provides a complete pedestrian circulation 31 system. Creekside Reserve will have sidewalks along the frontage of all forty lots. The proposed 32 site design includes an extensive system of pedestrian trails: which include both internal trails 33 linking the project residents to the Ten Mile Creek facilities and the adjoining trail to the approved 34 Creekside PUD. The Creekside Reserve trail system will provide the ability to connect to the 35 Creekside PUD trail system which connects to the attenuation facility. The completion of the 36 Creekside trail system along Ten Mile Creek, including this project, will provide for approximately 37 11,000 linear feet of trails and or boardwalks. 38 39 Obiective 7.1.4: states that St. Lucie County shall strive to obtain or maintain water quality and 40 trophic state index classifications of "good" for the Indian River Lagoon, Five Mile Creek, Ten Mile 41 Creek, and the North Fork of the St. Lucie River. The stormwater management plan for the 42 Creekside Reserve will propose to improve the water quality that currently enters the Creek in this 43 area. 44 45 Policv 8,1.4,6: states that St. Lucie County shall encourage the use of programs to protect or 46 maintain wetlands, such as reduced paving, conservation easements, cluster site planning and 47 micrositing of buildings. The existing wetland hardwood forests located along the Ten Mile 48 Creeks will be placed in a conservation easement dedicated to the South Florida Water 49 Management DistricUSt. Lucie County and be maintained by the Creekside Community 50 Development District. 51 52 Compatibility with neighborhood: 53 54 This proposed development of this site as the Planned Residential Development is consistent 55 with the existing and proposed uses within the area. The proposed PUD (Planned Unit STAFF REPORT DATE:08/0l/07 Page 4 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Development) Zoning District is consistent with the residential character of the already approved BOO residential development known as Creekside PUD. Bordering the project site to the north and east is the approved Creekside PUD consisting of single family and multiple family residential units. To the south of the project site is the South Florida Water Management District Ten Mile Creek Attenuation Area, currently under construction. To the northwest of the project site are lands owned by the Seminole Tribe of Florida, known as Hawks Landing Subdivision, a 200 unit residential community and a proposed horse ranch and camping facility. It was the intent of the applicant to incorporate the BO-acres proposed project site into the Creekside PUD development but did not acquire the land until after the Creekside PUD approval. The property to the west of the proposed project is vacant land owned by the Girls Cottage/Camp Assn SLC. Landscapina: Required Buffers: St. Lucie County Land Development Code requires Planned Unit Developments adjacent to land for agricultural purposes, or designed 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. Proposed Buffers: The minimum, perimeter landscape buffer that is provided will be 50 feet. Environmentallv Sensitive Areas: The entire wetland hardwood forested area that surrounds approximately 3600 lineal feet of Ten Mile Creek, will be preserved and provide for the continuation of the east-west trail connection established with the Creekside PUD. The conservation/preservation area will receive exotic removal and construction of pervious trails and elevated boardwalks to provide access to the environmental assets and amenities of the Creekside Community Development District. BACKGROUND: The Creekside Reserve (Williams Parcel) site is approximately 81.9 acres, which consists of 48.1 acres predominantly covered with heavily overgrown abandoned citrus grove, 28.9 acres of Wetland Hardwood Forest native habitat, and 4.9 acres of steams and waterways. The environmental consultant for this project conducted long term, seasonal observations of occurrences of wildlife since the original development submittal and concluded that the considerable intensive agricultural activity limited the habitat and therefore limited the opportunities for many typical wildlife species expected to occur. The proposed site plan will preserve 100% of the native habitat on site. Additionally, a 75-foot restored upland buffer will be created along Ten Mile Creek and a 1.66 acre flow-through marsh will be incorporated within a surface water management lake. Both of these areas will enhance the existing wildlife foraging and nesting opportunities within the region and provide additional measures to assist in filtering the stormwater runoff before it enters the Ten Mile Creek system. The development area will consist of approximately 20 acres of residential development, approximately 8 acres of surface water management/reconstructed marsh areas, and 20 acres of common open space. The 34 acres that will be preserved and restored will ultimately be conveyed to St. Lucie County to be used as matching funds for additional land acquisition programs along Ten Mile Creek. This project, in combination with the Creekside development to the east, will provide significant access points to the Ten Mile Creek area. The Creekside Reserve trails and pocket parks, as well as the preserved wetland hardwood forested area, will connect to the extensive system of walks, paths, boardwalks and pocket parks in the adjacent Creekside PUD. The resulting proposed public trail system that will parallel Ten Mile Creek via bridges and elevated boardwalks will provide public access to approximately eleven thousand feet of pristine wetlands, oxbows, hammocks, and wetland hardwood forests. STAFF REPORT DATE:08/0l/07 Page 5 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Fonn No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Natural Hazards: The developer will be restoring portions of the historic floodplain and floodway along Ten Mile Creek and where any construction does take place within the 100-year floodplain; all such construction will be in accord with applicable county, state and federal regulations governing flood plain management. The subject property is located with in Flood Zone X, consisting of an area determined to be inside the 500 (five hundred) year flood plain and areas of 100-year flood plan with average depths of less than one foot or with drainage areas less than 1 square mile and areas protected by levees from 100-year floods, Along Ten Mile Creek and the southern part of the subject property is located with in Flood Zone AE with the based flood elevation determined to be 19 feet. FEMA Map Number 12111C0170F, Effective Date: August 19, 1991. Historic Buildinas: The subject property is vacant and has no buildings located on site. Archeoloaical sites: An archeological site is within or in close proximity to the required fifty foot buffer along the western property line. Prior to any Final PUD approval, the proximity of the archaeological site to the buffer and any ground disturbing activities must be identified and the buffer area must be so designed as to not negatively impact the archaeological site. CONDITION OF APPROVAL - Any Preliminary PUD approval should include the following condition "Prior to any Final Planned Unit Development approval the applicant shall provide a sketch and description of the two archaeological sites on the property, a site plan indicating the archaeological sites and the distance between those sites and the property line, and any proposed improvements or land disturbing activities, and an archeological site management plan shall be submitted and approved by the Growth Management Department. The following information is provided to assist the applicant in providing the information required in the above recommended condition of approval: 1. The applicant shall provide a sketch and description of the two archaeological sites on the property and provide a map indicating the distance between the location of the archaeological sites, the property line and any proposed improvements or land disturbing activities. 2. The applicant shall also provide archeological site management plan approved by the Growth Management Department. The plan shall include management techniques that protect the archeological component of the preserve area. The archeological plan may be incorporated into the preserve plan for the natural area, if approved by the Environmental Resources Department. The plan should include the following: (a) Prohibit vegetation removal and ground disturbing activities unless the vegetation to be removed is a part of a bona fide scientific excavation or is part of the approved archeological management plan. (b) The clearing of exotic invasive vegetation shall be conducted by hand cutting and the stumps eliminated with approved herbicides with no soil disturbance within the preservation area. An archeologist shall monitor any clearing, grubbing, tree removal or plantings within or adjacent to the defined area of the archeological sites. (c) In the event of unexpected discovery of archeological or historic materials finding during the construction phase of the project, work activities in the immediate vicinity of the find are to be suspended pending notification of the Florida Division of Historical Resources in Tallahassee (1-800-847-7278) and the office of the Growth Management Director. Should such discovery be made, DHR and the County will advise the land owner of the Cultural Resource Management strategies necessary at STAFF REPORT DATE:08/0l/07 Page 6 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Fonn No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 the time of discovery. This finding also applies to unmarked human remains in accordance with Chapter 872, Florida Statutes. Traffic impacts: Prior to Final Planned Unit Development approval, the developer, his successors or assigns, shall provide St. Lucie County with a Transportation Impact Report (TIR), which includes the most recent MPO Traffic counts, in accordance with Section 11.02.09(4) of the St. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. Parkina facility: Two parking spaces per dwelling unit will be provided. Storm water manaaement: The storm water management system will consist of a detention system that will provide both water quality and storm attenuation, St. Lucie County Stormwater Drainage Permit is required for development on the subject property per Section 7.07.04 of the St. Lucie County Land Development Code and South Florida Water Management District. No work shall commence on the site until all regulatory permits required from Federal, State, and regional agencies and special districts have been issued, The Florida Department of Environmental Protection, National Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible site plan prior to final plat approval or no paving, grading, and drainage permit and no building permit shall be issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover. Water and Sewer: St. Lucie County Utilities will be providing water and sewer to the subject property. The applicant has provided verification from the County that sufficient capacity is available to meet the demands of this project. The applicant as part of the infrastructure improvements will be required to extend the water and sewer lines into the subject site. Park and Recreation: The proposed site layout includes a series of passive and active recreational areas that are connected by sidewalks and an extensive pedestrian trail system. The Creekside Reserve development is connected through the Creekside PUD public road that integrates a 5± acre public park that will be maintained by the Creekside Community Development District. Use of this facility will be coordinated by St. Lucie County's Recreation and Parks Department. In addition to this public park facility, the developer's will be providing for the relocation of the current construction access road into the Ten-Mile Creek Attenuation Area. Accordina to Section 7.01.01 of the LDC. the purpose of the Planned Unit Development (PUD) zonina district is to achieve residential land development of superior auality throuah the encouraaement of flexibilitv and creativity in desian options that: A. Permit creative approaches to the development of residential land ref/ecting changes in the technology of land development; The applicant's proposed design for a 40 unit single-family residential subdivision is sustained by the approved Creekside PUD which includes a mixed residential project with 800 residential units and a 5.5 acre commercial/clubhouse area (55,000 square feet total building). The Creekside PUD will provide for a major component of the projects overall design, a series of passive and active recreational areas that are connected by an extensive pedestrian and community lake system. The site design integrates a 5± acre public park along the western boundary that will be maintained by the Creekside Community Development District. In addition to this public park facility, the developer's will be providing for the relocation of the current construction access road into the Ten-Mile Creek Attenuation Area and will extend this roadway STAFF REPORT DATE:08/0l/07 Page 7 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 into a full public access road which will be the same access road for Creekside Reserve. OWnership of this roadway will be conveyed to St. Lucie County, with Interlocal Agreements being developed between the County and the proposed Creekside Community Development District to address the matters of maintenance and landscaping. The overall Creekside Development has been accepted by Audubon International as a Gold Signature Development Project. In order to be designated as a Gold Signature Development Project, a project must integrate an ecosystem approach to siting, design, construction and management; and provide environmental education for those that live, work and recreate in the community. The Creekside development is the first residential development in St. Lucie County to have received this designation. The most significant environmental element of the Creekside development is a proposal to establish and connect into Ten Mile Creek, a 22-acre filtration marsh that will be located in the floodplainlfloodway areas adjacent to Ten Mile Creek, and to provide for the restoration and reconnection of an oxbow that was cut off during channelization efforts in the 1940/50's. Throughout this segment of the creek, Ten Mile Creek is recognized as being in poor ecological condition. At least in part, this condition stems from the direct agricultural discharge that has been occurring throughout the upper reaches of the North Fork of the St. Lucie River basin of which Ten Mile Creek is a part. As part of the Creekside Master Plan, the developer has incorporated a number of improvements to Ten Mile Creek and the Ten Mile Creek basins which includes, but are not limited to, the following and provide for a general public benefit for St. Lucie County residents: 1. Remove the exotic vegetation along the Creek's banks, reshape and replant with native vegetation. 2. Eliminate the direct discharge conditions into the Creek throughout the site. 3. Reconnect the historic oxbow portions of the creek directly associated with the proposed parcel, 4. Connect the site's stormwater lake system to the oxbow to maintain its quality after reconnecting to the creek. 5. Build a system of pedestrianlbike trails through the creek basin, connected by bridge/boardwalks to the County's park system on the south side of the creek, 6. Allow for canoe and kayak access to the creek. As part of the overall site for Creekside development, the applicant is proposing to enhance the project by providing streetscaping, landscaping, signage and signage features and accent lighting. B, Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with roadway network system internally connecting the entire project. The forty single family units will be clustered on approximately 20 acres with the access point being a public road located at the northernmost property line of the 81.9 acres. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and This proposed development of this site as the Planned Residential Development is consistent with the existing and proposed uses within the area. The proposed PUD (Planned Unit Development) Zoning District is consistent with the residential character of the already approved 800 residential development known as Creekside PUD. Bordering the project site to the north and east is the approved Creekside PUD consisting of single family and multiple family residential units. STAFF REPORT DATE:08/0l/07 Page 8 of 12 Fonn No. 07-15 APPLICATION NO.:PUD 420071099 PREPARED BY: Linda Pendarvis HEARING BODY:P&Z Board HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 To the south of the project site is the South Florida Water Management District Ten Mile Creek Attenuation Area, currently under construction. To the northwest of the project site are lands owned by the Seminole Tribe of Florida, known as Hawks Landing Subdivision, a 200 unit residential community and a proposed horse ranch and camping facility. It was the intent of the applicant to incorporate the 80-acres proposed project site into the Creekside PUD development but did not acquire the land until after the Creekside PUD approval. The property to the west of the proposed project is vacant land owned by the Girls Cottage/Camp Assn SLC. 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. The applicant's proposed design reflects a project that incorporates the existing environmental features and remaining native vegetation into the site design. The prior use of this site has been citrus production and limited cattle grazing. Of the 81.9 acre site, 62,7 acres (77%) has been designated as open space. This open space will include approximately 13 acres of surface water management; 12 acres of common open space and 3 acres of floodway restoration. The floodway restoration will include the planting of a herbaceous marsh area that will lie within the conservation/preserve area adjacent to the wetland hardwood forests. The Creekside Reserve trails and pocket parks as well as the preserved wetland hardwood forested area will connect to the extensive system of walks, paths, boardwalks and pocket parks through the Creekside PUD. The resulting public trail system that will parallel Ten Mile Creek via bridges and elevated boardwalks will provide unprecedented public access to approximately eleven thousand feet of pristine wetlands, ox-bow hammocks and wetland hardwood forests. The most significant environmental element of the Creekside Reserve will be the preservation of the entire wetland hardwood forest area adjacent to the North and South sides of Ten Mile Creek. Summary: The applicant, Preferred Properties of S1. Lucie, LLC, is requesting Preliminary PUD (Planned Unit Development) Site Plan approval for a 40 single family residential lot subdivision on 81.9- acre tract of land to be developed as the Creekside Reserve. The proposed Preliminary Planned Unit Development (PUD) Site Plan approval has been reviewed for consistency with the provisions of the S1. Lucie County Land Development Code and has been determined to meet all applicable standards of review. Attached is a copy of draft Resolution 07-241, which would grant approval to the petition of Preferred Properties of S1. Lucie, LLC, for Preliminary Planned Unit Development approval for the project to be known as Creekside Reserve, subject to the following limiting conditions: 1. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns, shall provide St. Lucie County with a Transportation Impact Report (TIR), which includes the most recent MPO Traffic counts, in accordance with Section 11.02.09(4) of the 51. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the 51. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. 2. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns shall provide St. Lucie County with a Boundary and Topographic Survey in accordance with Section 11.02.10(A)(2) of the Land Development Code. The Survey must be reviewed and acceptable to the County Surveyor. STAFF REPORT DATE:08/0l/07 Page 9 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Fonn No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16, 2007 1 3. Prior to Final Planned Unit Development Site Plan approval, the developer, his 2 successors or assigns shall provide an emergency access point along the North 3 St. Lucie River Water Management District Canal No. 51. The emergency access 4 point must be in agreement with the St. Lucie County Fire District, the North St. 5 Lucie River Water Management District and St. Luce County. 6 7 4. Prior to Final Planned Unit Development Site Plan approval the applicant shall 8 provide a sketch and description of the two archaeological sites on the property, a 9 site plan indicating the archaeological sites and the distance between those sites 10 and the property line, and any proposed improvements or land disturbing 11 activities, and an archeological site management plan shall be submitted and 12 approved by the Growth Management Department. 13 14 5. Prior to issuance of any building permits or vegetation removal permits for any 15 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 16 successor or assigns, shall submit to Sl Lucie County Environmental Resources 17 Department an executed and recorded conservation easement, including a site 18 plan or map of conservation easement area locations and the legal description and 19 number of acres of conservation easement coverage. 20 21 6. Prior to issuance of any building permits or vegetation removal permits for any 22 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 23 successor or assigns, shall submit to St. Lucie County Environmental Resources 24 Department a revised boundary survey showing the agency verified jurisdictional 25 wetland boundaries, with course and distance data, tied to the property lines and 26 acreage indicated. Please be sure to include the "Wetland Hardwood Forests" 27 (FLUCFCS 610) as it is considered jurisdictional by the SFWMD and USACOE. 28 29 7. Prior to issuance of any building permits or vegetation removal permits for any 30 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 31 successor or assigns, shall submit to St. Lucie County Environmental Resources 32 Department a revised site plan showing the agency verified jurisdictional wetland 33 boundaries, in order to confirm that the 50 foot buffer shown between the Category 34 I wetland and the new development activity per Comprehensive Plan, Policy 35 8.1.14.1.a. is accurately calculated and illustrated. 36 37 8. Prior to issuance of any building permits or vegetation removal permits for any 38 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 39 successor or assigns, shall submit to St. Lucie County Environmental Resources 40 Department a Preserve Area Management Plan, specifically addressing native plant 41 preservationlplanting and perpetual exotic removal in all of the preserve areas, 42 including the 50 foot wetland buffer, the Wetland Hardwood Forests to be 43 preserved and the marshes to be created along with a map of the exact locations 44 of all of the preserve areas. The Preserve Area Management Plan shall be 45 designed to be used as a guide by the future homeowners association for the long 46 term management of the preserve area, including the buffer planting plans and 47 incorporating the nine principles ofthe Florida Yards and Neighborhoods Program 48 promoting "green" practices (1) Right Plant, Right Place - Plants selected to suit 49 the specific site will require minimal amounts of water. fertilizer and pesticides; 2) 50 Water Efficiently- Irrigate only when your lawn and landscape need water. Efficient 51 watering is the key to a healthy Florida yard and conservation of our limited water 52 resources; 3) Fertilize Appropriate/y- Less is often best. Over-utilizatIon of 53 fertilizers can be hazardous to your yard and the environment; 4) Mulch - 54 Maintaining a 3- layer of mulch will help retain soil moisture, prevent erosion, and 55 suppress weeds; 5) Attract Wildlife- Plants in your yard that provide food, water STAFFREPORTDATE:08/0l/07 Page 100f12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 and shelter can conserve Florida's diverse wildlife; 6) Control Yard Pests 2 Responsibly- Unwise use of pesticides can harm people, pets, beneficial 3 organisms and the environment; 7) Recycle- Grass clippings, leaves, and yard 4 trimmings, if recycled on site, add nutrients to the soil and reduce waste disposal; 5 8) Reduce Stormwater Runoff- Water running off from your yard can carry 6 pollutants such as soil, debris, fertilizer and pesticides that can adversely impact 7 our freshwater and marine ecosystems; 9) Protect the Waterfront - Waterfront 8 property, whether on a bay, river, stream, pond or beach, is very fragile and should 9 be protected as a natural treasure.), and the plan in its entirety shall be included as 10 an exhibit to the HOA documents. Furthermore, the final Preserve Area 11 Management Plan, prepared for, and made available to, the future homeowners of 12 The Creekside Reserve (Williams Parcel), shall discuss the wildlife observations on 13 this site prior to site development, and discuss any specific management practices 14 that were implemented in the site plan or that might be future recommendations to 15 consider that would encourage continued (i.e.; post-development) usage of the site 16 by of the wildlife (i.e.; planting cypress trees near the creek for woodstorks to 17 roost, maintaining shallow areas within the stormwater ponds for wading birds to 18 forage, providing a specific list of native plants that provide wildlife food). 19 20 9. Prior to issuance of any building permits or vegetation removal permits for any 21 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 22 successor or assigns, shall submit to St. Lucie County Environmental Resources 23 Department a copy of the Declaration of Master Covenants, Conditions, and 24 Restrictions of the Creekside Reserve (Williams Parcel) Homeowner's Association 25 documents, that include the following: 26 a. Specific language referencing the future resident's and the homeowner 27 association's responsibilities with regards to preservation, protection, and 28 management of the common preserve areas; 29 b. Specific deed restrictions of all of the lots (1 through 17) that will contain a 30 portion of the shoreline buffer preserve; 31 c. Specific language referencing Section 6.02.02 of the SLC LDC which states 32 that "Zone B shall consist of the area between Zone A and 300 feet from the 33 ordinary high water line, when the site is located upstream of the Gordy 34 Road structure. No development activity that would permit the introduction 35 of any permanent structure that does not comply with the provisions of St. 36 Lucie County's flood damage prevention regulations in Section 6.05.00 of 37 this code, is to be permittèd. No road right-of-way (public or private), 38 except for individual driveways, on-site drainage retention pond or system 39 (except for lawfully permitted drainage conveyance outfalls), wastewater lift 40 station, petroleum or chemical storage area (such as would be associated 41 with a pool), or other activity that would contribute to the degradation of 42 the water quality within the North Fork System is permitted." 43 44 10. Prior to issuance of any building permits or vegetation removal permits for any 45 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 46 successor or assigns, shall submit to S1. Lucie County Environmental Resources 47 Department documentation of the verification of the wetland lines by SFWMD. 48 49 11. Prior to issuance of any building permits or vegetation removal permits for any 50 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 51 successor or assigns, shall submit to S1. Lucie County Environmental Resources 52 Department documentation of the verification of the wetland lines by the USACOE. 53 54 12. Prior to issuance of any building permits or vegetation removal permits for any 55 portion of the Creekside Reserve (Williams Parcel) site, the developers, their STAFF REPORT DATE:08/0l/07 Page 11 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 successor or assigns, shall submit to St. Lucie County Environmental Resources Department a site plan showing final required locations of all silt fencing and tree area/preservation area barricades. 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised landscape plan showing all of the following items: a. Please state "Please see Preserve Area Management Plan, Figure 6" instead of "+/- 000 trees" for Lake Upland Buffer trees; b. Please also, as previously requested, specify that each required tree needs to meet the minimum 12' tall, 2.5" dbh (plan still shows caliper); c. Please show types and quantities of all plant species proposed to be planted; d. Please show the locations of the proposed littoral shelves and lists the plant species proposed for the littoral shelves and lists quantities and sizes of each species to be planted; e. Please show the locations of the proposed upland edge buffer zone and lists the plant species, quantities, and sizes of each species proposed for the upland edge buffer zone to be planted. The preserve area may consist of preserved or planted vegetation but shall include canopy, understory, and ground cover of native species only. As a minimum, ten square feet of such buffer shall be provided for each linear foot of wetland or deepwater habitat perimeter that lies adjacent to uplands. This upland edge habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat. Please provide planting plans for both the littoral zone and the upland buffer in the revised site plan. Please also indicate whether or not the minimum square footage of upland buffer is being provided. STAFF RECOMMENDATION: Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Therefore, staff recommends that this Board forward a recommendation of approval to Board of County Commissioners. Please contact this office if you have any questions on this matter. DEFICIENCIES AND DISCREPANCIES: None ATTACHMENTS: 1. Location Map 2. Plan or plat 3CO~ ~ Approved by: ~ ristin Tesworth, anning Man er DEPARTMENT OF GROWTH MANAGEMENT STAFF REPORT DATE:08/01l07 Page 12 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. 07-241 File Number: PUD-420071 099 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR A 40 SINGLE FAMILY RESIDENTIAL LOT SUBDIVISION ON 81.938 ACRES FOR A PROJECT TO BE KNOWN AS CREEKSIDE RESERVE-PUD LOCATED ON THE SOUTH SIDE OF OKEECHOBEE ROAD, APPROXIMATELY 1.5 MILES WEST OF GORDY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCATION. WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Preferred Properties of SI. Lucie, LLC presented a petition for a Preliminary Planned Unit Development Site Plan for a 40-unit single family residential subdivision for a project to be known as Creekside Reserve - PUD. 2, On August 16,2007, the SI. Lucie County Planning and Zoning Commission held a public hearing on the petition of Preferred Properties of SI. Lucie, LLC, after publishing a notice of such hearing in the Tribune and the Port SI. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On September 18, 2007, this Board held a public hearing on the petition of Preferred Properties of SI. Lucie, LLC, for Preliminary Planned Unit Development Site Plan approval for the project to be known as Creekside Reserve - PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 4. The Development Review Committee has reviewed the Preliminary Planned Unit Development Site Plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the SI. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 5. The proposed project is consistent with the general purpose, goals, objectives and standards of the SI. Lucie County Land Development Code, the SI. Lucie County Comprehensive Plan, and the Code of Ordinances of SI. Lucie County. File No.: PUD-420071099 September 18, 2007 Resolution No. 07-241 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6. 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. 7. 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, 8. 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. g, The proposed project will be served by adequate public facilities and services, 10. 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 SI. Lucie County, Florida: A. Pursuant to Section 11,02,05(A) of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Pian for the project to be known as Creekside Reserve - PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Culpepper and Terpening on September 7, 2005, last revised on July 11, 2007, and date stamped received by the St. Lucie County Growth Management Department on July 17, 2007, subject to the following conditions: 1. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns, shall provide St. Lucie County with a Transportation Impact Report (TIR), which includes the most recent MPO Traffic counts, in accordance with Section 11.02.09(4) of the St. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. 2. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns shall provide St. Lucie County with a Boundary and Topographic Survey in accordance with Section 11.02,10(A)(2) of the Land Development Code, The Survey must be reviewed and acceptable to the County Surveyor. 3. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns shall provide an emergency access point along the North St. Lucie River Water Management District Canal No. 51. The emergency access point must be in agreement with the St. Lucie County Fire District, the North St. Lucie River Water Management District and St. Luce County. 4. Prior to Final Planned Unit Development Site Plan approval the applicant shall provide a sketch and description of the two archaeological sites on the property, a site plan indicating the archaeological sites and the distance between those sites and the property line, and any proposed improvements or land disturbing activities, and an archeological site management plan shall be submitted and approved by the Growth Management Department. 5. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department an executed and recorded conservation easement, including a site plan or map of conservation easement area locations and the legal description and number of acres of conservation easement coverage, 6, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St, Lucie County Environmental Resources Department a revised boundary survey showing the agency verified jurisdictional wetland boundaries, with course and distance data, tied to the property lines and acreage indicated. Please be sure to include the "Wetland Hardwood Forests" (FLUCFCS 610) as it is considered jurisdictional by the SFWMD and USACOE, File No.: PUD-420071099 September 18, 2007 Resolution No. 07-241 Page 2 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 7. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised site plan showing the agency verified jurisdictional wetland boundaries, in order to confirm that the 50 foot buffer shown between the Category I wetland and the new development activity per Comprehensive Plan, Policy 8,1,14.1.a. is accurately calculated and illustrated, 8. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a Preserve Area Management Plan, specifically addressing native plant preservation/planting and perpetual exotic removal in all of the preserve areas, including the 50 foot wetland buffer, the Wetland Hardwood Forests to be preserved and the marshes to be created along with a map of the exact locations of all of the preserve areas, The Preserve Area Management Plan shall be designed to be used as a guide by the future homeowners association for the long term management of the preserve area, including the buffer planting plans and incorporating the nine principles of the Florida Yards and Neighborhoods Program promoting "green" practices (1) Right Plant, Right Place - Plants selected to suit the specific sIte will require minimal amounts of water, fertilizer and pesticides; 2) Water Efficiently- Irrigate only when your lawn and landscape need water. Efficient watering is the key to a healthy Florida yard and conservation of our limited water resources; 3) Fertllfze Appropriately- Less is often best. Over-utilization of fertilizers can be hazardous to your yard and the environment; 4) Mulch - Maintaining a 3" layer of mulch wilf help retain soil moisture, prevent erosion, and suppress weeds; 5) Attract Wildlife- Plants in your yard that provide food, water and shelter can conserve Florida's diverse wildlife; 6) Control Yard Pests Responsibly- Unwise use of pesticides can harm people, pets, beneficial organisms and the environment; 7) Recycle- Grass clippings, leaves, and yard trimmings, if recycled on site, add nutrients to the soil and reduce waste disposal; 8) Reduce Stormwater Runoff· Water running off from your yard can carry pollutants such as soil, debris, fertilizer and pesticides that can adversely impact our freshwater and marine ecosystems; 9) Protect the Waterfront - Waterfront property, whether on a bay, river, stream, pond or beach, is very fragile and should be protected as a natural treasure.), and the plan in its entirety shall be included as an exhibit to the HOA documents, Furthermore, the final Preserve Area Management Plan, prepared for, and made available to, the future homeowners of The Creekside Reserve (Williams Parcel), shall discuss the wildlife observations on this site prior to site development, and discuss any specific management practices that were implemented in the site plan or that might be future recommendations to consider that would encourage continued (i.e,; post-development) usage of the site by of the wildlife (i.e.; planting cypress trees near the creek for woodstorks to roost, maintaining shallow areas within the stormwater ponds for wading birds to forage, providing a specific list of native plants that provide wildlife food). 9, Prior to issuance of any building permits or vegetation removal permits for any portion of , the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall I submit to St. Lucie County Environmental Resources Department a copy of the Declaration of Master Covenants, Conditions, and Restrictions of the Creekside Reserve (Williams Parcel) Homeowner's Association documents, that Include the following: a, Specific language referencing the future resident's and the homeowner association's responsibilities with regards to preservation, protection, and management of the common! preserve areas; b. Specific deed restrictions of all of the lots (1 through 17) that will contain a portion of the shoreline buffer preserve; c, Specific language referencing Section 6.02.02 of the SLC LDC which states that "Zone B shall consist of the area between Zone A and 300 feet from the ordinary high water line, when the site is located upstream of the Gordy Road structure, No development activity that would permit the introduction of any permanent structure that dos not comply with the provisions of St. Lucie County's flood damage prevention regulations in Section 6,05,00 of this code, is to be permitted. No road right-of-way (public or private), except for individual driveways, on-site drainage retention pond or system (except for lawfully permitted drainage conveyance outfalls), wastewater lift station, petroleum or chemical storage area (such as would be associated with a pool), or other activity that would contribute to the degradation of the water quality within the North Fork System is permitted," File No.: PUD-420071099 September 18, 2007 Resolution No. 07-241 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 10. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department documentation of the verification of the wetland lines by SFWMD, 11. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department documentation of the verification of the wetland lines by the USACOE. 12, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel> site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a site plan showing final required locations of all silt fencing and tree area/preservation area barricades, 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised landscape plan showing all of the following items: a, Please state "Please see Preserve Area Management Plan, Figure 6" instead of "+/- 000 trees" for Lake Upland Buffer trees; b, Please also, as previously requested, specify that each required tree needs to meet the minimum 12' tall, 2,5" dbh (plan still shows caliper); c. Please show types and quantities of all plant species proposed to be planted; d. Please show the locations of the proposed littoral shelves and lists the plant species proposed for the littoral shelves and lists quantities and sizes of each species to be planted; e, Please show the locations of the proposed upland edge buffer zone and lists the plant species, quantities, and sizes of each species proposed for the upland edge buffer zone to be planted. The preserve area may consist of preserved or planted vegetation but shall include canopy, understory, and ground cover of native species only. As a minimum, ten square feet of such buffer shall be provided for each linear foot of wetland or deepwater habitat perimeter that lies adjacent to uplands. This upland edge habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat. Please provide planting plans for both the littoral zone and the upland buffer in the revised site plan, Please also indicate whether or not the minimum square footage of upland buffer is being provided, B. The property on which this site plan approval is being granted is described below. That portion of the Southwest quarter of the Southwest quarter of Section 27, Township 35 South, Range 39 East, St. Lucie County, Florida, lying South and East of the following described line: Begin at a point 52 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 27; thence run South 00°42'20" West, on a line parallel to the Section line and S2 feet east thereof, a distance of 420.10 feet; thence South 29°48'25" East, 84.45 feet; thence South 48°31'15" East, 93.71 feet, thence North 89°00'05" East, 399.31 feet; thence South 75001'30" East, 436,70 feet; thence North 47"47'45" East, 446.34 feet to a point the on East line of, and 349.06 Feet South of the Northeast corner of the aforesaid Southwest quarter of the Southwest quarter of said Section 27. Less canal right-oF-way as recorded in OR Book 164, Page 2391 of the Public Records of the St. Lucie County, Florida. The Northwest quarter of the Northwest quarter of Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida, Together with the West 60 Feet of the South 60 feet of the Northeast quarter of the Northwest quarter of said Section 34, Less the East 25 feet of the North 309,58 feet of the South 956,88 feet of the Northwest quarter of the Northwest quarter of said Section 34, Further Less canal right-of-way. The East half of the Northeast quarter of the Northeast quarter of Section 33, Township 35 South, Range 39 East, St. Lucie County, Florida. Location: Located on the south side of Okeechobee Road (S.R, 70) just west of the Ft. Pierce Turnpike Interchange, approximately one mile west of Gordy Road, the Creekside Reserve property is contiguous to the southwest comer of the approved Creekside PUD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. File No.: PUD-420071099 September 18, 2007 Resolution No. 07-241 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3] 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 ParceIID#: 2327-333-0000-000/3,2334-220-0000-000/8, and 2333-111-0000-000/0 C. This Preliminary Planned Unit Development Site Plan approval shall expire on September 18, 2009, unless an extension is granted in accordance with Section 11.02.06(8)(3), St. Lucie County land Development Code or unless a building permit is secured. 0, The Preliminary Planned Unit Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner of Creekside Reserve - PUD. including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part 8, E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition. the site plan approval granted by this resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which said plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft xxx Vice-Chairman Joseph Smith xxx Commissioner Paula A. lewis xxx Commissioner Charles Grande xxx Commissioner Doug Coward xxx PASSED AND DULY ADOPTED this 18 day of September, 2007. 80ARD OF COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA 8Y Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney H:IPlanningl Creeksidel Creekside AdditionlCreekside Reserve Resolution 07-241.doc File No.: PUD-420071099 September 18, 2007 Resolution No. 07-241 Page 5 1 2 3 4 5 6 7 8 9 Exhibit 10 11 12 13 . General Location Map 14 . Area Subject to the Change in Zoning 15 16 17 18 19 20 21 22 23 24 25 File No.: PUD-420071 099 September 18, 2007 Resolution No. 07-241 Page 6 ... (ij 0 en ~ 0 .920 N (j) z.~ r~~ ...: t...J (j) ~ "iij Q)...J 0 ::> ~ ì C> a. ...... ::> o oi I'- ~ ~ « :;. ." .... .- 0 .~ i!' a..C) 0 , m ::J N ~ ~ a. i!' 'O...J -<:t ~ a. ~ ~ ! a. -' 0 m .... en '> ::; .æ - :::> Q) 0 a.. .... a.. \06\'3(\ € 8 ~ .~ '" o ~ '5 .s . o . U ~ 5 c ü o ;; ±¥ ~ ~ ."=-=-~-a;:ih~'¡r¡)uê~ nO__ ~____-"-'-.c---=..,.=.~==.= ~ ð '}, o p'~rp-á¡II,J"S PI:! ÛQiIJ'¡¡'5 I~ue~ ¡'Z-:J ~ . . 15 leu~:J u":} -----~------~--------------- I I I I I I I f I I I I i I I I ¡ I I I _________________________J ,{¡un08 B8qOlpSB)fO A petition of Preferred Properties of 81. Lucie, LLC for a Preliminary,Planned Unit Development (PUD) site plan approval consisting of 40 single family residential lot subdivision for the ro'ect to be known as Creekside Reserve o c:: w -' ~ z w > w -' w , , . 'I' MULLER-RD PUD 420071099 Legend 5?::- ./uoie- a,~~:'o- {irlTWtli .Manaeement V9'artment N A ~ Subject property Map prepared August 1, 2007 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA SEPTEMBER 18, 2007 NOTICE OF PROPOSED PRELIMINARY PLANNED UNIT DEVELOPMENT REZONING CHANGE The St. Lucie County Board of County Commissioners proposes to adopt the following by resolution: The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, September 18, 2007, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time. RESOLUTION NO. 07-241 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR A 40 SINGLE FAMILY RESIDENTIAL LOT SUBDIVISION ON 81.938 ACRES FOR A PROJECT TO BE KNOWN AS CREEKSIDE RESERVE-PUD LOCATED ON THE SOUTH SIDE OF OKEECHOBEE ROAD, APPROXIMATELY 1.5 MILES WEST OF GORDY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCATION. APPLICANT: Preferred Properties of St. Lucie, LLC LEGAL DESCRIPTION: 2327-333-0000-00013: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING SOUTH AND EAST OF THE FOLLOWING DESCRIBED LINE: BEGIN AT A POINT 52 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE RUN SOUTH 00 DEGREES 42'20" WEST, ON A LINE PARALLEL TO THE SECTION LINE AND 52 FEET EAST THEREOF, A DISTANCE OF 420.10 FEET; THENCE SOUTH 29 DEGREES 48'25" EAST, 84.45 FEET; THENCE SOUTH 48 DEGREES 31'15" EAST, 93.71 FEET, THENCE NORTH 89 DEGREES 00'05" EAST, 399.31 FEET; THENCE SOUTH 75 DEGREES 01'30" EAST, 436.70 FEET; THENCE NORTH 47 DEGREES 47'45" EAST, 446.34 FEET TO A POINT THE ON EAST LINE OF, AND 349.06 FEET SOUTH OF THE NORTHEAST CORNER OF THE Form No. 07-18 AFORESAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27. LESS CANAL RIGHT-OF-WAY AS RECORDED IN OR BOOK 164, PAGE 2391 OF THE PUBLIC RECORDS OF THE ST. LUCIE COUNTY, FLORIDA. 2334-220-0000-000/8: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH THE WEST 60 FEET OF THE SOUTH 60 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34, LESS THE EAST 25 FEET OF THE NORTH 309.58 FEET OF THE SOUTH 956.88 FEET OF THE NORTHWEST QUARTER Of THE NORTHWEST QUARTER OF SAID SECTION 34, fURTHER LESS CANAL RIGHT-Of-WAY. 2333-111-0000-000/0: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LOCATION: Located on the south side of Okeechobee Road (S.R. 70) just west of the Ft. Pierce Turnpike Interchange, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside PUD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. (pLACE MAP HERE) The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, September 18, 2007, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time. All interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida. Please call 772/462- 2822 if you have any questions or require additional information. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. Form No. 07-18 The proceedings of the Board of County Commissioners are electronically recorded. PURSUANT TO Section 286.0105. Florida Statutes. if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued from time to time as may be necessary to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D, 772/462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ CHRIS CRAFT, CHAIRMAN PUBLISH DATE: 09/01/07 18 pt type for heading No smaller than 2 column inches wide by 10 inches long Send Proof to: St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone - (772) 462-1585 Fax - (772) 462-1581 Send Bill to: St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 Phone - (772) 462-1585 Fax - (772) 462-1581 Form No. 07-18 S"'LUL1ELUU1'In~ DUAKlJUI'LUU1'I1 r COMMISSIONERS PUBUC HEARING AGENDA SEPTEMBER 18,2007 NonCE Of pRQpœ,'EI) PRELIMINARY PLANNED UNfl' Dt:VELOPMENf REZONING CHANGE The St. Lucie County Board of County CommIS91onør$ proposes to adopt the following by resolution: The PUBLIC HEARING on this Item wi" be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County AdrniniStfillion 6uildi~, 2300 Virginia Avenue, FOI't Pierce, Florida on Tuesday. Septembef 18,2007, beginning a.\6:OO P.M. or as soon thereafter as possib!e. Action can be taken at this meeting, Of the item can be continued 10 a future date and time. RESOLUTION NO. 07-241 A RESOlunoN OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY. FLORIDA, QRANTlNG PAELlMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR A 40 SINGlE FAUlLY RESIDENTIAL LOT SUBDIVISION ON 81.938 ACRES FOR It PROJECT TO BE KNOWN AS CREEKSIDE AESERVE-PUO LOCATED ON THE SQlfTH SIDE OF OKEECHOBEE ROAD, APPROXIMATELY 1.6 MILES WEST OF GORDY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR DESCRIPT10N OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDmONS; AND PROVIDING FOR A RECORD FILE LOCATION. APPLICANT: Prelerred Properties of St Lucie-, LLC LEGAL DESCRIPTION: 2327-333-CJOOO..()QQ: THAT PORT10N OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP as SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FlORIDA, LYING SOUTH AND EAST OF THE fOLLOWING DESCRIBED UNE: BEGIN AT A POINT 52 FEET EAST OF THE NORniWEST CORNER OF THE SOUTHWEST QUARTEA OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE RUN SOUTH DO DEGREES 42'20" WEST, ON A LINE PAI=IALLEL TO THE SECTION LINE AND 52 FEET EAST THEREOF, A DISTANCE OF 420.10 FEET; THENCE SOUTH 29 DEGREES 41'25" e...ST, 84.45 FEET; THENCE SOUTH 48 DEGREES 31'15" EAST, 93.71 FEET. THENCE NORnt 89 DEGREES 00'05" EAST, 3".31 FEET; THENCE SOUTH 7S DEGREES 01'30" &-.ST, 438.70 FEET; THENCE NORTH 47 DEGREES <lr45" EAST, «1.34 FEET TO A POINT THE ON EAST LINE OF, AND 348.08 FEET SOUTH OF THE NORTHEAST CORNeA OF THE AFORESAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SeeneN 27. LESS CANAL RIGHT..QF-WAV AS RECORDED IN OR BOOte 164, PAGE 2391 OF THE PUBUC RECORDS OF THE ST. LUCIE COUNTY, FLORIDA. 2334-220-1)[)()O.(KJO/8: TIE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34,. TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH THE WEST 60 FEET OF THE SOUTH 60 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SEC'nON 34, LESS THE EAST 2S FEET OF THE NORTH 309.58 FEET OF THE SOUTH 956.88 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34, FURTHER LESS CANAL RIGHT-Of-WAY. 2333-111~; THE EAST HALF OF THE NORTH!AST QUARTER OF THE NORTHEAST QUARTER OF SECTIOH 33, TOWNSHIP 35 SOUTH, RANGE 39 EAS't ST. LUCIE COUNTY, FLORIDA. LOCATION: Located an the south side of OkeechobÐe Road (5.R. 70) Jü&t west of tne Ft. Pierce Turnpike Inmrcl'lange, the Creekskle Reserve pl'operty Is contiguous to tl'te SOLltI'tWQt corner of lhe approved Creekside PUD, and adJoins the South Aorlda Water Man8gement Distrlets water attenuation facility to the east. I "...~--~- ¡a.-.~ ~\\!i P ~../' '§--.~. - ,.. '--.C·· _. . .'__..~ ~PIopeIr{ -.".;¡o / r:¡S . . The PUBLIC HEARING on this item w~1 be held in the CommiSSion Chembers, Roger POitras Annex, 3rd Floor, SI. Lucie CoUl'lty Administration Building, 2300 Virginia Avenue. Fort Pierce. Aorida on TuesdaY, September 18, 2007, beiJinning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at Ihis meeting, or ¡he item can be wntinue<! to a future dale and time. All interested persons 'ViII be given an opportunity to ba heard. Written oomments received in advance of the public hearing will also be considered. Wr!tten comments to the Board of County Commissioners should be received by the Growth Management Department· Planning Division at least 3 days priQr to the scheduled hearing. 'The petition file is avaHable lor review stlhe Growth Management Department offices located at 2300 Virginia Avenuo, 2nd Floor, For1 Piorœ. Florida, Please cail 772/462·.2822 If you have any questIons or require additional information. The St. Lucie County Board of County CommissiOners has the power to review and grant Bny applications within tl'teir area of responsibility. The proceedings of the Board Of County CommissIoners are electronically recorded ~ m Seetløn 286.0105 Flortdll Statutell if a person de<:ldes to appeal any decision made by the Board of County Commissioners with fesped to any matier considered at a meeting or hearing, he or she will need a record of the proceedings. For such purpooe, he or she may need to ensure that a verbatim record 01 the proceedings is made, wl'lich reoord incllJdes lne testimony and evidence upon which the appeal is to be base<!. UpQn 1he request of any party to 1ne proceeding. individuals testifying during a hearing will be sworn in. Any party to the proceeding wiil be granted an oppor1unil:y to crO$S-examlne any indillidualtesUfying during a hearing upon reQUest. If it becomes necessary. a public hearing may be continued from time to lime as may be necessary to a date· certaio. Anyone with a disability requiring acwmmodation to attend thit; meeting should contact tile St Lucie County Community Services Director at least fOI'ty-ßighl 48) hours prior to the meeting at 77.21462,1777 or T.D.D. 7721462-1428. BOARD OF COUNTV COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 1&1 CHRIS CRAFT, CHAIRMAN PUBUSH DATE: 09101101 F . SATURDAY, SEPTEMBER 1,2007 . SCRIPPS TREASURE COAST NEWSPAPERS. 87 ST. LUCIE COUNTY BOARD OF COUNTY COl\1MISSIONERS PUBLIC HEARING AGENDA SEPrEMBER 18,2007 Ji The St. Lucie County Board of County Commissioners proposes to,adopt the following by resolution: "ry NOTICE OF PROPOSED PRELIMINARYPLANNEÐ UNIT DEVELOPMENT REZONING CHANGE The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, September 18, 2007, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time, RESOLUTION NO. 07-241 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING PRELIMINARY PLANNED UNIT' .DEVELOPMENT SITE PLAN APPROVAL FOR A 40 SINGLE FAMILY RESIDENTIAL LOT SUBDWISION ON 81.938 ACRES FOR A PROJECT TO BE KNOWN AS CREEKSIDE RESERVE"PUD LOCATED ON THE SOUTH SIDE OF OKEECHOBEE ROAD, APPROXIMATELY 1.5 MILES WEST OF GORDY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR DESCRIPTION OF THE AFFECTED PROPERTY; PRqVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR A RECORD FILE LOCATION. APPLICANT: Preferred Properties of St. Lucie, LLC LEGAL DESCRIPTION: " 2327-33~OO-OO0f.3: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST.1LUCIE .COUNTY, FLORIDA, LyiNG SOUTH AND EAST OF THE FOLLOWING DESCRIBED LINE: BEGIN AT A POINT 52 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27j THENCE RUN SOUTH 00 DEGREES 42'20" WEST, ON A LINE PARALLEL TO THE SECTION LINE AND 52 FEET EAST THEREOF, A DISTANCE OF 420.10 FEET; THENCE SOUTH 29 DEGREES 48'25" EAST, 84.45 FEET; THENCE SOUTH 48 DEGREES 31'15" EAST, 93.71 FEET, THENCE NORTH 89 DEGREES 00'05" EAST, 399.31 FEET¡ THENCE SOUTH 75 DEGREES 01 '30" EAST, 436.70 FEET; THENCE NORTH 47 DEGREES 47'45" EAST, 446.34 FEET TO A POINT THE ON EAST LINE OF, AND 349.06 FEET SOUTH OF THE NORTHEAST CORNER OF THE AFORESAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 27. LESS CANAL RIGHT-OF-WAY AS RECORDED IN OR BOOK 164, PAGE 2391 OF THE PUBLIC RECORDS OF THE ST. LUCIE COUNTY, FLORIDA. 2334-220-0000-00018: THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 35 SOUTH, RÁNGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH THE WEST 60 FEET OF THE SOUTH 60' FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34, LESS "tHE EAST 25 FEET OF THE NORTH 309.58 FEET OF THE SOUTH 956.88 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 34, FURTHER LESS CANAL RIGHT-Of-WAY. 2333-111-0000-00010: THE EAST HALf OF THE NORTHEAST QUARTER Of THE NORTHEAST QUARTER Of SECTION 33, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LOCATION: Located on the south side of Okeechobee Road (S.R. 70) Just west of the Ft. Pierce Turnpike Interchange, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside PUD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. . --..,..-...__.....,~_. ílCIII:IIII:1I.I ílUfJ'II; U~ N of St,Lucie, LLC A PUD 420071 099 D em t '--'--'-'-'- '" \ I \ g(/~~~ \ ~> ;i ~\I 't c: .. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, 51. Lucie County Administration Building, 230Q Virginia Avenue, Fort Pierce, Floñda on Tuesday, September 18, 2007, beginning at 6:00 P.M. or as soon thereafter as possible. Action can be taken at this meeting, or the item can be continued to a future date and time, All interested persons will be given an opportunity to be heard. Written comments received in advance of the public heañng will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department· Planning Division at least 3 days prior to the scheduled hearing, The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Floñda, Please call 7721462·2822 if you have any questions or require additional information. The SI. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility, The proceedings of the Board of County Commissioners are electronically recorded, PURSUANT TO Section 286.0105. Florida Statutes. if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or heañng, he or she will need a record of the proceedings, For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any'individual testifying during a heañng upoh request. If it becomes , necessary, a public hearing may be continued from time to time as may be necessary to a date· certain. Anyone with a disability requiñng accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours pñor to the meeting at 772/462-1777 or T,D,D. 772/462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ISI CHRIS CRAFT, CHAIRMAN PUBLISH DATE: 09101107 . . k. Vf"'f" :I . LOO~ '¡ ~38~31d3S '^\10~nl'vs . S~3d'tldSM3N lS\10a 3~nS'tI3Hl Sdq,l~aS . B8 BOARD' OF COUNTY COMMISSIONERS GROWTH MANAGEMENT September 4, 2007 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 USA In accordance with the St. Lucie County Land Development Code, you are hereby advised that Preferred Properties of Sl Lucie, LLC has petitioned Sl Lucie County for a Change in Zoning to grant Preliminary Planned Unit Development Site Plan approval for a 40 single family residential lot subdivision 81.938 acres for a project to be known as Creekside Reserve - PUD in the AG-I (Agricultural - 1 dulacre), AG-2.5 (Agricultural - I dul2.5 acres), AG-5 (Agricultural - I dul5 acres) and R/C (Residential, Conservation - I dul5 acres) Zoning District, for the following described property: Location: South side ofOkeechobee Road, approximately 1.5 miles west of Gordy Road. Legal Description: Located on the south side of Okeechobee Road (S.R. 70) just west of the Ft. Pierce Turnpike Interchange, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside POD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. 2327-333-0000-000/3: That portion of the Southwest quarter of the Southwest quarter of Section 27, Township 35 South, Range 39 East, S1. Lucie County, Florida, lying South and East ofthe following described line: Begin at a point 52 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 27; thence run South 00"42'20" West, on a line parallel to the Section line and 52 feet east thereof, a distance of 420.10 feet; thence South 29"48'25" East, 84.45 feet; thence South 48"31 '15" East, 93,71 feet, thence North 89°00'05" East, 399.31 feet; thence South 75"01'30" East, 436.70 feet; thence North 47"47'45" East, 446.34 feet to a point the on East line of, and 349,06 feet South of the Northeast corner of the aforesaid Southwest quarter of the Southwest quarter of said Section 27. Less canal right-of-way as recorded in OR Book 164, Page 2391 of the Public Records of the S1. Lucie County, Florida. 2334-220-0000-000/8: The Northwest quarter of the Northwest quarter of Section 34, Township 35 South, Range 39 East, S1. Lucie County, Florida, Together with the West 60 feet of the South 60 feet of the Northeast quarter of the Northwest quarter of said Section 34, Less the East 25 feet of the North 309.58 feet of the South 956.88 feet of the Northwest quarter of the Northwest quarter of said Section 34, Further Less canal right-of-way. 2333-lll~00-000/0: The East half of the Northeast quarter of the Northeast quarter of Section 33, Township 35 South, Range 39 East, S1. Lucie County, Florida. The Board of County Commissioners public heming on the petition } 1m be held t1l 6:00 P.M., 0' as soon theretýter as possible, on September 18, 2007, County Commissioner's Chambers, St. Úlcie County Administration Building Annu, 2300 VIrginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing, County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s), We encourage you to speak at these public hearings, or provide written comments for the record. JOSEPH E S\I1ITH. District No. ] . DOUG CO\VARD. Dimict "'\0.2. PAULA A. LEWIS. Distric1 No 3. CHARLES GRANDE. District \10. 4 . CHR1S CRAFT. District No. :5 County Administrator - Douglas M. Anderson Website: www.cos'~lucie.flus 2300 Virginia Avenue - Fort Pierce. FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/Technical Services: (772) 462·2622 FAX: (772) 462-1581 Economic Development (772) 462-1550 FAX: (772) 462-1579 Tourist Development (772) 462-1535 1 (800) 344-TGIF FAX: (772) 462-2132 The proceedings of the Board of CoWJty Commissioners are electronically recorded. If a person decides to appeal any deciSion made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in, Any party to the proceeding will be granted an opportunity to cross-examine any individual testiJying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T,D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please caIJ (772) 462-2822 if you have any questions, and refer to: File Number: CU-420071099 Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Chris Craft, Chairman Form No. 07-19 A petition of Preferred Properties of St. Lucie, LLC for a Preliminary Planned Unit Development (PUD) site plan approval consisting of 40 single family residential lot subdivision for the ro"ect to be known as Creekside Reserve c a:: w ...J ~ Z W > W ...J W MULLER"RD PUD 420071099 Legend (5;~M.'?~:::,=- {7rffWl:lÏ :Mana¡¡emifnl 1Jg;ar/mrnr N A ~ Subject property Map prepared August 1, 2007 To: Submitted By: Agenda Request 3 08/16/07 Item Number Meeting Date: Consent Regular Public Hearing Leg, [ ] [ ] [ ] [X] Quasi-JD [ X ) Planning and Zoning Commission Growth Management Department SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Plannina and Zonina: D APPROVED D OTHER Presented By F,.t /'I~ Growth Management Director The petition of Preferred Properties of St. Lucie, LLC, is requesting Preliminary PUD (Planned Unit Development) Site Plan approval for a 40 single family residential lot subdivision on 81.9-acre tract of land to be developed as the Creekside Reserve for property located on the south side of Okeechobee Road, approximately 1.5 miles west of Gordy Road, southwest of the Creekside PUD. (Draft Resolution No. 07-241) On June 7, 2005 the Board of County Commissioners adopted Ordinance No. 05- 017 establishing the Creekside Community Development District that also included the Creekside Reserve property. On October 4, 2005 the Board of County Commissioners adopted Resolution No. 05-154 granting Final Planned Unit Development Site Plan approval for the project to be known as Creekside PUD. This approval did not include the 81.9 acres for the project to be known as Creekside Reserve, Creekside Reserve will be accessed through the approved Creekside PUD along public roadways managed by the Creekside Community Development District. Forward a recommendation to the Board of County Commissioners that they approving the application of Preferred Properties of St. Lucie, LLC, for the Preliminary Planned Unit Development Site Plan to be known as Creekside Reserve, subject to 13 limiting conditions. (File No. PUD-420071099) D DENIED Form No. 07-28 Creekside Reserve Preliminary PUD PUD 420071099 Transmittal Master Checklist Primarv Distribution Sent Received Environmental Resources Department, Amy Mott: 03/28/07 07/26/07 Transportation Planner, Andrew Riddle 03/28/07 07/06/07 Public Works Surveyor - Ron Harris: 03/28/07 07/30/07 Road, Bridge, & Transportation - Don Pauley: 03/28/07 07/30/07 Stormwater Management - Mike Halter: 03/28/07 07/31/07 General Engineering - John Frank: 03/28/07 04/12/07 Zoning Supervisor - Paula Bushby: 03/28/07 No Attorney Prop Acquisition - JoAnn Riley: 03/28/07 07/05/07 Sheriff's Department - Major Monahan: 03/28/07 07/05/07 St Lucie County Fire District - Captain Derek Foxx: 03/28/07 07/17/07 Ft Pierce Farms/North St Lucie Water Control District 03/28/07 No - Ray Garcia: Property Appraiser's Office - Maurice Snyder: 03/28/07 No IF AS - Jeffrey Gellermann: 03/28/07 04/09/07 Residential Only School Board ofSt Lucie County: 03/28/07 07/10/07 Community Services (Transit) 03/28/07 04/10/07 GeoeraDhical Based St Lucie County Utility Department - 03/28/07 07/03/07 Airport Authority - Diana Lewis: 03/28/07 07/24/07 City of Ft Pierce - Beach/Recor: 03/28/07 No City of Port St Lucie - Cheryl Friend: 03/28/07 No Ft Pierce Utilities Authority - David Mellert: 03/28/07 06/25/07 S1. Lucie County Health Department 03/28/07 07/31/07 Education and Research Authority - Jane Bachelor: 03/28/07 No Jim David - Mosquito Control Director 03/28/07 04/06/07 Parks & Recreation - Debra Brisson 03/28/07 07/03/07 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 STAFF REPORT To: Planning & Zoning Commission Through: Bob Nix, Growth Management Director Kristin Tetsworth, Planning Manager Prepared by: Linda Pendarvis, Planner Item: PUD 420071099 Date: August 1, 2007 GENERAL INFORMATION: Applicant: James "Butch" P. Terpening Preferred Properties of St. Lucie, LLC 2980 South 25th Street Fort Pierce, FL 34981 Contact Person: Bill Blazak, Senior Project Manager Dennis J. Murphy, Senior Project Manager Culpepper and Terpening, Inc. Phone: 772-464-3537 Requested Action: Application of Preferred Properties of St. Lucie, LLC, for Preliminary Planned Unit Development approval for the project to be known as Creekside Reserve - PUD, Purpose: Request for Preliminary Site Plan approval for the 40 single family residential lot subdivision with ingress and egress provided through the already approved Creekside PUD. Located on the south side of Okeechobee Road (S.R. 70) just west of the Ft. Pierce Turnpike Interchange, approximately one mile west of Gordy Road, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside PUD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. Location: Size: 81.938 acres Proposed Use: Detached Single Family Residential Homes Proposed Density: .49 dwelling units per acre Property Tax ID numbers: 2333-111-0000-000/0 2334-220-0000-000/8 2327-333-0000-000/3 Existing Land Use and Zoning: Creekside Reserve is an abandoned grove and environmentally sensitive lands located along Ten Mile Creek. Creekside Reserve land area consists of several zoning districts and land use classifications. STAFF REPORT DATE:08/01l07 Page 1 of12 APPLICA nON NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 RS 12.03 acres Residential Suburban land use category is intended to act as a transitional area between the agricultural areas and the more intense residential areas, The RS designation is intended for large lot, single-family detached residential dwellings, at a density of one to two units per gross acre. (24 units) RlC 60.65 acres ResidentiallConservation category is intended to identify those privately controlled lands that contain unique vegetation or have characteristics which warrant special attention prior to their being developed. The purpose of this category is to identify those areas that, due to special environmental or other unique constraints, location, property configuration, or topography should be more closely examined before final development approvals are authorized. Areas designated RIC carry a development potential of .20 dwelling units per gross acre (1 dwelling unit per 5 gross acres), (12 units) AG-2.5 9.26 acres AG-2.5 land use designation is intended for those areas of the County outside f the Planned Urban Service Area which are associated with agricultural and agricultural-related activities. These areas are acknowledged as potentially suitable for limited residential development. (4 units) Land Use Classifications 2 3 AG-1 AG-2.5 AG-5 RlC 12.03 acres 9.26 acres 50,17 acres 10.48 acres 4 5 Surrounding Land Use and Zoning: 6 Land Use Classification: Zoning Districts; North RS (Residential Suburban) AG-1 (Agricultural-1) AG-2.5 (Agricultural- 2.5) AG-2.5 (Agricultural- 2.5) Creekside PUD South RIC (Residential/Conservation) AG-5 (Agricultural - 5) AG-2.5 (Agricultural- 2.5) AG-2.5 (Agricultural- 2.5) East SD (Special District) RlC (ResidentiaI/Conservation) RIC (Residential/Conservation) AG-5 (Agricultural - 5) AG-2.5 (Agricultural- 2.5) . AG-2.5 (Agricultural- 2.5) Creekside PUD West AG-2.5 (Agricultural- 2.5) AG-5 (Agricultural - 5) PIF (Public Facilities) I (Institutional) RlC (Residential/Conservation) 7 8 Comprehensive Plan: 9 10 File Date: 03/28/07 11 12 20 Working Day Limitation Period for Completeness Determination: 04/27/07 13 Result: _Complete; -X_Incomplete 14 15 Applicant's Information Response Due Date: 09/29/07 16 17 Date of Response: 06/04/07 STAFF REPORT DATE:08/0l/07 Page 2 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 Applicant's Response:_X_ Will Address Comments; _Will Not Address Comments 3 4 Due Date of Response to Completeness Comments: 06/04/07 5 6 Date Response to Completeness Comments Received: 06/15/07 7 8 20 Working Day Limitation Period for 2nd Completeness Determination:07/13/07 9 10 Date of 2nd Completeness Determination: Meeting with applicant on 07/06/07. 11 12 Applicant resubmitted on 07/17/07 13 14 SPECIAL INFORMATION 15 16 Public Utilities and Service Providers: The project is located within St. Lucie County Utility's 17 service area and sanitary service is adjacent to the property and available for service from the 18 County. The service lines will be extended from the existing Creekside PUD to serve the 19 proposed Creekside Reserve. The utility lines and water and wastewater currently exist along 20 Okeechobee Road, as well as electric power and telecommunication service. 21 22 BACKGROUND INFORMATION: 23 24 On June 7, 2005 the Board of County Commissioners adopted Ordinance No. 05-017 25 establishing the Creekside Community Development District that also included the Creekside 26 Reserve property. 27 28 On October 4, 2005 the Board of County Commissioners adopted Resolution No. 05-154 granting 29 Final Planned Unit Development Site Plan approval for the project to be known as Creekside 30 PUD. This approval did not include the 81.9 acres for Creekside Reserve. 31 32 Creekside Reserve will be accessed through the approved Creekside PUD along public roadways 33 managed by the Creekside Community Development District. 34 35 ANALYSIS: 36 37 Current Zonino: The current agricultural zoning districts on the subject property allow for 38 an environment suitable for productive commercial agriculture and other uses that are compatible 39 with productive agricultural surroundings. The residential conservation zoning district allow for 40 single family homes with a maximum density of one unit per five gross acres. The maximum 41 density allowed under the current zoning districts are 28 single family dwelling units. 42 43 Proposed Zonino: The proposed Planned Unit Development zoning district will permit a 44 residential development with a maximum density of 40 single family dwelling units on 81.938 45 acres. 46 47 Compliance with Comprehensive Plan: 48 49 The proposed project is consistent with the following policies: 50 51 Policy 1.1.1,1: which allows for residential development in the RS (Residential Suburban) Future 52 Land Use classification at a maximum density of 2 du/acre; the RIC (Residential I Conservation) 53 Future Land Use classification at a maximum density of .2 du/acre; and the AG-2.5 (Agricultural- 54 .4 du/acre) 55 STAFF REPORT DATE:08/0l/07 Page 3 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August] 6, 2007 1 Section 7.01.03 (B) of the County's Land Development Code reads as follows: 2 3 The maximum possible permitted density of a Planned Unit Development shall not 4 exceed the density reflected in the Future Land Use Maps of the Comprehensive Plan. 5 On North and South Hutchinson Island, the provisions of Section 3.01.03(AA) (8) shall 6 govern. 7 8 The proposed project has been submitted to the County with a gross density of 40 units, or .49 9 du/acre and is therefore determined to be consistent with the County's Comprehensive Plan and 10 Land Development Code. 11 12 Policv 1.1.4.2: requires that new development be designed and planned in a manner, which does 13 not place an unanticipated economic burden upon the services and facilities of St. Lucie County. 14 The Creekside ReseNe property is located in the designated service area for the 8t. Lucie 15 County Utilities department. Prior to the review of any request for Final Planned Development 16 approval on the Creekside ReseNe PUD, the developers will be required to have entered into a 17 formal utility service agreement with the County regarding the provisions of these services. The 18 proposed development is within the boundaries of the existing Creekside Community 19 Development District, which will be responsible for the costs associated with many of the services 20 within the community. 21 22 Policv 1.1.4.3: requires that the County encourage the use of cluster housing and planned unit 23 developments to conserve open space and environmentally sensitive areas. The only portion of 24 the Creekside Reserve property that will be utilitized for development will be the approximate 48 25 acres of previously impacted citrus area. The developed area will consist of approximately fifteen 26 acres of residential development; thirteen acres of surface water management; twelve acres of 27 common open space and three acres of floodway restoration. 28 29 Policv 2.3.4.2: requires additional sidewalks, when necessary; to connect or complete either 30 existing or proposed sidewalks in a manner that provides a complete pedestrian circulation 31 system. Creekside Reserve will have sidewalks along the frontage of all forty lots, The proposed 32 site design includes an extensive system of pedestrian trails: which include both internal trails 33 linking the project residents to the Ten Mile Creek facilities and the adjoining trail to the approved 34 Creekside PUD. The Creekside Reserve trail system will provide the ability to connect to the 35 Creekside PUD trail system which connects to the attenuation facility. The completion of the 36 Creekside trail system along Ten Mile Creek, including this project, will provide for approximately 37 11,000 linear feet of trails and or boardwalks. 38 39 Obiective 7.1.4: states that St. Lucie County shall strive to obtain or maintain water quality and 40 trophic state index classifications of "good" for the Indian River Lagoon, Five Mile Creek, Ten Mile 41 Creek, and the North Fork of the 8t. Lucie River. The stormwater management plan for the 42 Creekside Reserve will propose to improve the water quality that currently enters the Creek in this 43 area. 44 45 Policv 8.1.4.6: states that 8t. Lucie County shall encourage the use of programs to protect or 46 maintain wetlands, such as reduced paving, conservation easements, cluster site planning and 47 micrositing of buildings. The existing wetland hardwood forests located along the Ten Mile 48 Creeks will be placed in a conservation easement dedicated to the South Florida Water 49 Management DistrictlSt. Lucie County and be maintained by the Creekside Community 50 Development District. 51 52 Compatibilitv with neiahborhood: 53 54 This proposed development of this site as the Planned Residential Development is consistent 55 with the existing and proposed uses within the area. The proposed PUD (Planned Unit STAFF REPORT DATE:08/0l/07 Page 4 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Development) Zoning District is consistent with the residential character of the already approved 800 residential development known as Creekside PUD. Bordering the project site to the north and east is the approved Creekside PUD consisting of single family and multiple family residential units. To the south of the project site is the South Florida Water Management District Ten Mile Creek Attenuation Area, currently under construction. To the northwest of the project site are lands owned by the Seminole Tribe of Florida, known as Hawks Landing Subdivision, a 200 unit residential community and a proposed horse ranch and camping facility. It was the intent of the applicant to incorporate the 80-acres proposed project site into the Creekside PUD development but did not acquire the land until after the Creekside PUD approval. The property to the west of the proposed project is vacant land owned by the Girls Cottage/Camp Assn SLC. Landscaoina: Required Buffers: St. Lucie County Land Development Code requires Planned Unit Developments adjacent to land for agricultural purposes, or designed 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. Proposed Buffers: The minimum, perimeter landscape buffer that is provided will be 50 feet. Environmentallv Sensitive Areas: The entire wetland hardwood forested area that surrounds approximately 3600 lineal feet of Ten Mile Creek, will be preserved and provide for the continuation of the east-west trail connection established with the Creekside PUD. The conservation/preservation area will receive exotic removal and construction of pervious trails and elevated boardwalks to provide access to the environmental assets and amenities of the Creekside Community Development District. BACKGROUND: The Creekside Reserve (Williams Parcel) site is approximately 81.9 acres, which consists of 48.1 acres predominantly covered with heavily overgrown abandoned citrus grove, 28.9 acres of Wetland Hardwood Forest native habitat, and 4.9 acres of steams and waterways. The environmental consultant for this project conducted long term, seasonal observations of occurrences of wildlife since the original development submittal and concluded that the considerable intensive agricultural activity limited the habitat and therefore limited the opportunities for many typical wildlife species expected to occur. The proposed site plan will preserve 100% of the native habitat on site. Additionally, a 75-foot restored upland buffer will be created along Ten Mile Creek and a 1.66 acre flow-through marsh will be incorporated within a surface water management lake. Both of these areas will enhance the existing wildlife foraging and nesting opportunities within the region and provide additional measures to assist in filtering the stormwater runoff before it enters the Ten Mile Creek system. The development area will consist of approximately 20 acres of residential development, approximately 8 acres of surface water managemenUreconstructed marsh areas, and 20 acres of common open space. The 34 acres that will be preserved and restored will ultimately be conveyed to St. Lucie County to be used as matching funds for additional land acquisition programs along Ten Mile Creek. This project, in combination with the Creekside development to the east, will provide significant access points to the Ten Mile Creek area. The Creekside Reserve trails and pocket parks. as well as the preserved wetland hardwood forested area, will connect to the extensive system of walks, paths, boardwalks and pocket parks in the adjacent Creekside PUD. The resulting proposed public trail system that will parallel Ten Mile Creek via bridges and elevated boardwalks will provide public access to approximately eleven thousand feet of pristine wetlands, oxbows, hammocks, and wetland hardwood forests. STAFF REPORT DATE:08/0l/07 Page 5 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Natural Hazards: The developer will be restoring portions of the historic floodplain and floodway along Ten Mile Creek and where any construction does take place within the 100-year floodplain; all such construction will be in accord with applicable county, state and federal regulations governing flood plain management. The subject property is located with in Flood Zone X, consisting of an area determined to be inside the 500 (five hundred) year flood plain and areas of 100-year flood plan with average depths of less than one foot or with drainage areas less than 1 square mile and areas protected by levees from 100-year floods. Along Ten Mile Creek and the southern part of the subject property is located with in Flood Zone AE with the based flood elevation determined to be 19 feet. FEMA Map Number 12111C0170F, Effective Date: August 19, 1991. Historic Buildinos: The subject property is vacant and has no buildings located on site. Archeolooical sites: An archeological site is within or in close proximity to the required fifty foot buffer along the western property line. Prior to any Final PUD approval, the proximity of the archaeological site to the buffer and any ground disturbing activities must be identified and the buffer area must be so designed as to not negatively impact the archaeological site. CONDITION OF APPROVAL - Any Preliminary PUD approval should include the following condition "Prior to any Final Planned Unit Development approval the applicant shall provide a sketch and description of the two archaeological sites on the property, a site plan indicating the archaeological sites and the distance between those sites and the property line, and any proposed improvements or land disturbing activities, and an archeological site management plan shall be submitted and approved by the Growth Management Department. The following information is provided to assist the applicant in providing the information required in the above recommended condition of approval: 1. The applicant shall provide a sketch and description of the two archaeological sites on the property and provide a map indicating the distance between the location of the archaeological sites, the property line and any proposed improvements or land disturbing activities. 2. The applicant shall also provide archeological site management plan approved by the Growth Management Department. The plan shall include management techniques that protect the archeological component of the preserve area. The archeological plan may be incorporated into the preserve plan for the natural area, if approved by the Environmental Resources Department. The plan should include the following: (a) Prohibit vegetation removal and ground disturbing activities unless the vegetation to be removed is a part of a bona fide scientific excavation or is part of the approved archeological management plan. (b) The clearing of exotic invasive vegetation shall be conducted by hand cutting and the stumps eliminated with approved herbicides with no soil disturbance within the preservation area. An archeologist shall monitor any clearing, grubbing, tree removal or plantings within or adjacent to the defined area of the archeological sites. (c) In the event of unexpected discovery of archeological or historic materials finding during the construction phase of the project, work activities in the immediate vicinity of the find are to be suspended pending notification of the Florida Division of Historical Resources in Tallahassee (1-800-847-7278) and the office of the Growth Management Director. Should such discovery be made, DHR and the County will advise the land owner of the Cultural Resource Management strategies necessary at STAFF REPORT DATE:08/0l/07 Page 6 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 the time of discovery. This finding also applies to unmarked human remains in accordance with Chapter 872, Florida Statutes. Traffic imcacts: Prior to Final Planned Unit Development approval, the developer, his successors or assigns, shall provide St. Lucie County with a Transportation Impact Report (TIR), which includes the most recent MPO Traffic counts, in accordance with Section 11.02.09(4) of the St. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. Parkina facilitv: Two parking spaces per dwelling unit will be provided. Storm water manaaement: The storm water management system will consist of a detention system that will provide both water quality and storm attenuation. St. Lucie County Stormwater Drainage Permit is required for development on the subject property per Section 7.07.04 of the St. Lucie County Land Development Code and South Florida Water Management District. No work shall commence on the site until all regulatory permits required from Federal, State, and regional agencies and special districts have been issued. The Florida Department of Environmental Protection, National Pollutant Discharge and Elimination System compliance notice must be submitted to the County Engineer with the constructible site plan prior to final plat approval or no paving, grading, and drainage permit and no building permit shall be issued. All National Pollutant Discharge and Elimination System Best Management Practices shall be instituted on the site prior to site clearing and maintained daily. Stormwater ponds shall be roughed in at the same time the site is cleared of groundcover. Water and Sewer: St. Lucie County Utilities will be providing water and sewer to the subject property. The applicant has provided verification from the County that sufficient capacity is available to meet the demands of this project. The applicant as part of the infrastructure improvements will be required to extend the water and sewer lines into the subject site. Park and Recreation: The proposed site layout includes a series of passive and active recreational areas that are connected by sidewalks and an extensive pedestrian trail system. The Creekside Reserve development is connected through the Creekside PUD public road that integrates a 5± acre public pari< that will be maintained by the Creekside Community Development District. Use of this facility will be coordinated by St. Lucie County's Recreation and Parks Department. In addition to this public park facility, the developer's will be providing for the relocation of the current construction access road into the Ten-Mile Creek Attenuation Area. Accordina to Section 7.01.01 of the LDC, the purpose of the Planned Unit Develocment (PUD) zonina district is to achieve residential land development of superior aualitv throuah the encouraaement of flexibilitv and creativity in desian options that: A. Permit creative approaches to the development of residential land renecting changes in the technology of land development; The applicant's proposed design for a 40 unit single-family residential subdivision is sustained by the approved Creekside PUD which includes a mixed residential project with 800 residential units and a 5.5 acre commercial/clubhouse area (55,000 square feet total building). The Creekside PUD will provide for a major component of the projects overall design, a series of passive and active recreational areas that are connected by an extensive pedestrian and community lake system. The site design integrates a 5± acre public park along the western boundary that will be maintained by the Creekside Community Development District. In addition to this public pari< facility, the developer's will be providing for the relocation of the current construction access road into the Ten-Mile Creek Attenuation Area and will extend this roadway STAFF REPORT DATE:08/0l/07 Page 7 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 into a full public access road which will be the same access road for Creekside Reserve, Ownership of this roadway will be conveyed to St. Lucie County, with Interlocal Agreements being developed between the County and the proposed Creekside Community Development District to address the matters of maintenance and landscaping. The overall Creekside Development has been accepted by Audubon International as a Gold Signature Development Project. In order to be designated as a Gold Signature Development Project, a project must integrate an ecosystem approach to siting, design, construction and management; and provide environmental education for those that live, work and recreate in the community. The Creekside development is the first residential development in St. Lucie County to have received this designation. The most significant environmental element of the Creekside development is a proposal to establish and connect into Ten Mile Creek, a 22-acre filtration marsh that will be located in the floodplainlfloodway areas adjacent to Ten Mile Creek, and to provide for the restoration and reconnection of an oxbow that was cut off during channelization efforts in the 1940/50's. Throughout this segment of the creek, Ten Mile Creek is recognized as being in poor ecological condition, At least in part, this condition stems from the direct agricultural discharge that has been occurring throughout the upper reaches of the North Fork of the St. Lucie River basin of which Ten Mile Creek is a part. As part of the Creekside Master Plan, the developer has incorporated a number of improvements to Ten Mile Creek and the Ten Mile Creek basins which includes, but are not limited to, the following and provide for a general public benefit for St. Lucie County residents: 1. Remove the exotic vegetation along the Creek's banks, reshape and replant with native vegetation. 2. Eliminate the direct discharge conditions into the Creek throughout the site, 3. Reconnect the historic oxbow portions of the creek directly associated with the proposed parcel. 4. Connect the site's stormwater lake system to the oxbow to maintain its quality after reconnecting to the creek. 5, Build a system of pedestrianlbike trails through the creek basin, connected by bridgelboardwalks to the County's park system on the south side of the creek. 6. Allow for canoe and kayak access to the creek. As part of the overall site for Creekside development, the applicant is proposing to enhance the project by providing streetscaping, landscaping, signage and signage features and accent lighting. B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; The project is designed with roadway network system internally connecting the entire project. The forty single family units will be clustered on approximately 20 acres with the access point being a public road located at the northernmost property line of the 81.9 acres. C. Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and This proposed development of this site as the Planned Residential Development is consistent with the existing and proposed uses within the area. The proposed PUD (Planned Unit Development) Zoning District is consistent with the residential character of the already approved 800 residential development known as Creekside PUD. Bordering the project site to the north and east is the approved Creekside PUD consisting of single family and multiple family residential units. STAFF REPORT DATE:08/01l07 Page 8 of 12 Form No. 07-15 APPLICATION NO.:PUD 420071099 PREPARED BY: Linda Pendarvis HEARING BODY:P&Z Board HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 To the south of the project site is the South Florida Water Management District Ten Mile Creek Attenuation Area, currently under construction. To the northwest of the project site are lands owned by the Seminole Tribe of Florida, known as Hawks Landing Subdivision, a 200 unit residential community and a proposed horse ranch and camping facility. It was the intent of the applicant to incorporate the 80-acres proposed project site into the Creekside PUD development but did not acquire the land until after the Creekside PUD approval. The property to the west of the proposed project is vacant land owned by the Girls Cottage/Camp Assn SLC. 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 . The applicant's proposed design reflects a project that incorporates the existing environmental features and remaining native vegetation into the site design. The prior use of this site has been citrus production and limited cattle grazing. Of the 81.9 acre site, 62.7 acres (77%) has been designated as open space, This open space will include approximately 13 acres of surface water management; 12 acres of common open space and 3 acres of floodway restoration. The floodway restoration will include the planting of a herbaceous marsh area that will lie within the conservation/preserve are adjacent to the wetland hardwood forests. The Creekside Reserve trails and pocket parks as well as the preserved wetland hardwood forested area will connect to the extensive system of walks, paths, boardwalks and picket parks through the Creekside PUD. The resulting public trail system that will parallel Ten Mile Creek via bridges and elevated boardwalks will provide unprecedented public access to approximately eleven thousand feet of pristine wetlands, ox-bow hammocks and wetland hardwood forests. The most significant environmental element of the Creekside Reserve will be the preservation of the entire wetland hardwood forest area adjacent to the North and South sides of Ten Mile Creek. Summary: The applicant, Preferred Properties of St. Lucie, LLC, is requesting Preliminary PUD (Planned Unit Development) Site Plan approval for a 40 single family residential lot subdivision on 81.9- acre tract of land to be developed as the Creekside Reserve. The proposed Preliminary Planned Unit Development (PUD) Site Plan 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. Attached is a copy of draft Resolution 07-241, which would grant approval to the petition of Preferred Properties of St. Lucie, LLC, for Preliminary Planned Unit Development approval for the project to be known as Creekside Reserve, subject to the following limiting conditions: 1. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns, shall provide St. Lucie County with a Transportation Impact Report (TIR), which includes the most recent MPO Traffic counts, in accordance with Section 11.02.09(4) of the St. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. 2. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns shall provide St. Lucie County with a Boundary and Topographic Survey in accordance with Section 11.02.10(A)(2) of the Land Development Code. The Survey must be reviewed and acceptable to the County Surveyor. STAFF REPORT DATE:08/0l/07 Page 9 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Fonn No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 3. Prior to Final Planned Unit Development Site Plan approval, the developer, his 2 successors or assigns shall provide an emergency access point along the North 3 St. Lucie River Water Management District Canal No. 51. The emergency access 4 point must be in agreement with the St. Lucie County Fire District, the North St. 5 Lucie River Water Management District and St. Luce County. 6 7 4. Prior to Final Planned Unit Development Site Plan approval the applicant shall 8 provide a sketch and description of the two archaeological sites on the property, a 9 site plan indicating the archaeological sites and the distance between those sites 10 and the property line, and any proposed improvements or land disturbing 11 activities, and an archeological site management plan shall be submitted and 12 approved by the Growth Management Department. 13 14 5. Prior to issuance of any building permits or vegetation removal permits for any 15 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 16 successor or assigns, shall submit to St. Lucie County Environmental Resources 17 Department an executed and recorded conservation easement, including a site 18 plan or map of conservation easement area locations and the legal description and 19 number of acres of conservation easement coverage. 20 21 6. Prior to Issuance of any building permits or vegetation removal permits for any 22 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 23 successor or assigns, shall submit to St. Lucie County Environmental Resources 24 Department a revised boundary survey showing the agency verified jurisdictional 25 wetland boundaries, with course and distance data, tied to the property lines and 26 acreage indicated. Please be sure to include the ''Wetland Hardwood Forests" 27 (FLUCFCS 610) as it is considered jurisdictional by the SFWMD and USACOE. 28 29 7. Prior to issuance of any building permits or vegetation removal permits for any 30 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 31 successor or assigns, shall submit to St. Lucie County Environmental Resources 32 Department a revised site plan showing the agency verified jurisdictional wetland 33 boundaries, in order to confirm that the 50 foot buffer shown between the Category 34 I wetland and the new development activity per Comprehensive Plan, Policy 35 8.1.14.1.a. is accurately calculated and illustrated. 36 37 8. Prior to issuance of any building permits or vegetation removal permits for any 38 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 39 successor or assigns, shall submit to St. Lucie County Environmental Resources 40 Department a Preserve Area Management Plan, specifically addressing native plant 41 preservationlplanting and perpetual exotic removal in all of the preserve areas, 42 including the 50 foot wetland buffer, the Wetland Hardwood Forests to be 43 preserved and the marshes to be created along with a map of the exact locations 44 of all of the preserve areas. The Preserve Area Management Plan shall be 4S designed to be used as a guide by the future homeowners association for the long 46 term management of the preserve area, including the buffer planting plans and 47 incorporating the nine principles of the Florida Yards and Neighborhoods Program 48 promoting "green" practices (1) Right Plant, Right Place - Plants selected to suit 49 the specific site will require minimal amounts of water, fertilizer and pesticides; 2) 50 Water EffIciently- Irrigate only when your lawn and landscape need water. Efficient 51 watering Is the key to a healthy Florida yard and conservation of our limited water 52 resources; 3) Fertilize Appropriately- Less is often best. Over-utilization of 53 fertilizers can be hazardous to your yard and the environment; 4) Mulch - S4 Maintaining a 3" layer of mulch will help retain soil moisture, prevent erosion, and 55 suppress weeds; 5) Attract Wildlife- Plants in your yard that provide food, water STAFF REPORT DATE:08/0l/07 Page 10 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 and shelter can conserve Florida's diverse wildlife; 6) Control Yard Pests 2 Responsibly- Unwise use of pesticides can harm people, pets, beneficial 3 organisms and the environment; 7) Recycle- Grass clippings, leaves, and yard 4 trimmings, if recycled on site, add nutrients to the soil and reduce waste disposal; 5 8) Reduce Stormwater Runoff- Water running off from your yard can carry 6 pollutants such as soil, debris, fertilizer and pesticides that can adversely impact 7 our freshwater and marine ecosystems; 9) Protect the Waterfront - Waterfront 8 property, whether on a bay, river, stream, pond or beach, is very fragile and should 9 be protected as a natural treasure.), and the plan in its entirety shall be included as 10 an exhibit to the HOA documents. Furthermore, the final Preserve Area 11 Management Plan, prepared for, and made available to, the future homeowners of 12 The Creekside Reserve (Williams Parcel), shall discuss the wildlife observations on 13 this site prior to site development, and discuss any specific management practices 14 that were implemented in the site plan or that might be future recommendations to 15 consider that would encourage continued (i.e.; post-development) usage of the site 16 by of the wildlife (i.e.; planting cypress trees near the creek for woodstorks to 17 roost, maintaining shallow areas within the stormwater ponds for wading birds to 18 forage, providing a specific list of native plants that provide wildlife food). 19 20 9. Prior to issuance of any building permits or vegetation removal permits for any 21 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 22 successor or assigns, shall submit to St. Lucie County Environmental Resources 23 Department a copy of the Declaration of Master Covenants, Conditions, and 24 Restrictions of the Creekside Reserve (Williams Parcel) Homeowner's Association 25 documents, that include the following: 26 a. Specific language referencing the future resident's and the homeowner 27 association's responsibilities with regards to preservation, protection, and 28 management of the common preserve areas; 29 b. Specific deed restrictions of all of the lots (1 through 17) that will contain a 30 portion of the shoreline buffer preserve; 31 c. Specific language referencing Section 6.02.02 of the SLC LDC which states 32 that "Zone B shall consist of the area between Zone A and 300 feet from the 33 ordinary high water line, when the site is located upstream of the Gordy 34 Road structure. No development activity that would permit the introduction 35 of any permanent structure that dos not comply with the provisions of St. 36 Lucie County's flood damage prevention regulations in Section 6.05.00 of 37 this code, is to be permitted. No road right-of-way (public or private), 38 except for individual driveways, on-site drainage retention pond or system 39 (except for lawfully permitted drainage conveyance outfalls), wastewater lift 40 station, petroleum or chemical storage area (such as would be associated 41 with a pool), or other activity that would contribute to the degradation of 42 the water quality within the North Fork System is permitted." 43 44 10. Prior to issuance of any building permits or vegetation removal permits for any 45 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 46 successor or assigns, shall submit to St. Lucie County Environmental Resources 47 Department documentation of the verification of the wetland lines by SFWMD. 48 49 11. Prior to issuance of any building permits or vegetation removal permits for any 50 portion of the Creekside Reserve (Williams Parcel) site, the developers, their 51 successor or assigns, shall submit to St. Lucie County Environmental Resources 52 Department documentation of the verification of the wetland lines by the USACOE. 53 54 12. Prior to issuance of any building permits or vegetation removal permits for any 55 portion of the Creekside Reserve (Williams Parcel) site, the developers, their SIAFFREPORTDATE:08/01/07 Page 11 of12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DA IE: August 16, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 successor or assigns, shall submit to St. Lucie County Environmental Resources Department a site plan showing final required locations of all silt fencing and tree area/preservation area barricades. 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised landscape plan showing all of the following items: a. Please state "Please see Preserve Area Management Plan, Figure 6" instead of "+/- 000 trees" for Lake Upland Buffer trees; b. Please also, as previously requested, specify that each required tree needs to meet the minimum 12' tall, 2.5" dbh (plan still shows caliper); c. Please show types and quantities of all plant species proposed to be planted; d. Please show the locations of the proposed littoral shelves and lists the plant species proposed for the littoral shelves and lists quantities and sizes of each species to be planted; e. Please show the locations of the proposed upland edge buffer zone and lists the plant species, quantities, and sizes of each species proposed for the upland edge buffer zone to be planted. The preserve area may consist of preserved or planted vegetation but shall include canopy, understory, and ground cover of native species only. As a minimum, ten square feet of such buffer shall be provided for each linear foot of wetland or deepwater habitat perimeter that lies adjacent to uplands. This upland edge habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat. Please provide planting plans for both the littoral zone and the upland buffer in the revised site plan. Please also indicate whether or not the minimum square footage of upland buffer Is being provided. STAFF RECOMMENDATION: Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Therefore, staff recommends that this Board forward a recommendation of approval to Board of County Commissioners. Please contact this office if you have any questions on this matter. DEFICIENCIES AND DISCREPANCIES: None ATTACHMENTS: 1. Location Map 2. Plan or plat Approved by: Kristin Tetsworth, Planning Manager DEPARTMENT OF GROWTH MANAGEMENT STAFF REPORT DATE:08/0l/07 Page 12 of 12 APPLICATION NO.:PUD 420071099 HEARING BODY:P&Z Board Form No. 07-15 PREPARED BY: Linda Pendarvis HEARING DATE: August 16,2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 RESOLUTION NO. 07-241 File Number: PUD-420071099 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR A 40 SINGLE FAMILY RESIDENTIAL LOT SUBDIVISION ON 81.938 ACRES FOR A PROJECT TO BE KNOWN AS CREEKSIDE RESERVE-PUD LOCATED ON THE SOUTH SIDE OF OKEECHOBEE ROAD, APPROXIMATELY 1.5 MILES WEST OF GORDY ROAD IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FORA RECORD FILE LOCATION. WHEREAS, the Board of County Commissioners of SI. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Preferred Properties of SI. Lucie, LLC presented a petition for a Preliminary Planned Unit Development Site Plan for a 40-unit single family residential subdivision for a project to be known as Creekside Reserve - PUD, 2. On August 16, 2007, the SI. Lucie County Planning and Zoning Commission held a public hearing on the petition of Preferred Properties of SI. Lucie, LLC, after publishing a notice of such hearing in the Tribune and the Port S1. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On XXX, 2007, this Board held a public hearing on the petition of Preferred Properties of SI. Lucie, LLC, for Preliminary Planned Unit Development Site Plan approval for the project to be known as Creekside Reserve - PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 4. The Development Review Committee has reviewed the Preliminary Planned Unit Development Site Plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 5. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the SI. Lucie County Comprehensive Plan, and the Code of Ordinances of SI. Lucie County. File No.: PUD-420071099 XXX, 2007 Resolution No. 07-241 Page 1 1 2 3 4 5 6 7 8 9 ]0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6. 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. 7. 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. 8. 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, 9. The proposed project will be served by adequate public facilities and services. 10. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to provide adequate fire protection. 11. A Certificate of Caoacitv Deferral, a copy of which is attached to this Resolution, was granted by the Growth Management Director on XXX, 2007. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida: A. Pursuant to Section 11.02.05(A) of the St. Lucie County Land Development Code, the Preliminary Planned Unit Development Plan for the project to be known as Creekside Reserve - PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Culpepper and Terpening on September 7, 2005. last revised on XXX, 2007, and date stamped received by the SI. Lucie County Growth Management Department on XXX, 2007, subject to the following conditions: 1. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns, shall provide St. Lucie County with a Transportation Impact Report (TIR), which includes the most recent MPO Traffic counts, in accordance with Section 11.02.09(4) of the St. Lucie County Land Development Code. Failure to demonstrate compliance with Chapter 5 of the St. Lucie County Land Development Code shall constitute grounds for denial of the Final Site Plan. 2. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns shall provide St. Lucie County with a Boundary and Topographic Survey in accordance with Section 11.02.10(A)(2) of the Land Development Code. The Survey must be reviewed and acceptable to the County Surveyor. 3. Prior to Final Planned Unit Development Site Plan approval, the developer, his successors or assigns shall provide an emergency access point along the North St. Lucie River Water Management District Canal No. 51. The emergency access point must be in agreement with the St. Lucie County Fire District, the North St. Lucie River Water Management District and St. Luce County. 4, Prior to Final Planned Unit Development Site Plan approval the applicant shall provide a sketch and description of the two archaeological sites on the property, a site plan indicating the archaeological sites and the distance between those sites and the property line, and any proposed improvements or land disturbing activities, and an archeological site management plan shall be submitted and approved by the Growth Management Department. 5, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department an executed and recorded conservation easement, including a site plan or map of conservation easement area locations and the legal description and number of acres of conservation easement coverage. 6. Prior to issuance of any building pennits or vegetation removal pennits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised boundary survey showing the agency verified jurisdictional wetland boundaries, with course and distance data, tied to File No.: PUD-420071099 XXX, 2007 Resolution No. 07-241 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 the property lines and acreage indicated. Please be sure to include the "Wetland Hardwood Forests" (FLUCFCS 610) as it is considered jurisdictional by the SFWMD and USACOE. 7. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised site plan showing the agency verified jurisdictional wetland boundaries, in order to confirm that the 50 foot buffer shown between the Category I wetland and the new development activity per Comprehensive Plan, Policy 8.1.14.1.a. is accurately calculated and illustrated, 8, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a Preserve Area Management Plan, specifically addressing native plant preservation/planting and perpetual exotic removal in all of the preserve areas, including the 50 foot wetland buffer, the Wetland Hardwood Forests to be preserved and the marshes to be created along with a map of the exact locations of all of the preserve areas. The Preserve Area Management Plan shall be designed to be used as a guide by the future homeowners association for the long term management of the preserve area, including the buffer planting plans and incorporating the nine principles of the Florida Yards and Neighborhoods Program promoting "green" practices (1) Right Plant, Right Place - Plants selected to suit the specific site will require minimal amounts of water, fertilizer and pesticides; 2) Water Efficiently- Irrigate only when your lawn and landscape need water. Efficient watering is the key to a healthy Florida yard and conservation of our limited water resources; 3) Fertilize Appropriately- Less is often best. Over-utilization of fertilizers can be hazardous to your yard and the environment; 4) Mulch - Maintaining a 3" layer of mulch will help retain soil moisture, prevent erosion, and suppress weeds; 5) Attract Wildlife- Plants in your yard that provide food, water and shelter can conserve Florida's diverse wildlife; 6) Control Yard Pests Responsibly- Unwise use of pesticides can harm people, pets, beneficial organisms and the environment; 7) Recycle- Grass clippings, leaves, and yard trimmings, if recycled on site, add nutrients to the soil and reduce waste disposal; 8) Reduce Stormwater Runoff- Water running off from your yard can carry pollutants such as soil, debris, fertilizer and pesticides that can adversely impact our freshwater and marine ecosystems; 9) Protect the Waterfront - Waterfront property, whether on a bay, river, stream, pond or beach, is very fragile and should be protected as a natural treasure.), and the plan in its entirety shall be included as an exhibit to the HOA documents. Furthermore, the final Preserve Area Management Plan, prepared for, and made available to, the future homeowners of The Creekside Reserve (Williams Parcel), shall discuss the wildlife observations on this site prior to site development, and discuss any specific management practices that were implemented in the site plan or that might be future recommendations to consider that would encourage continued (I.e.; post-development) usage of the site by of the wildlife (Le.; planting cypress trees near the creek for woodstorks to roost, maintaining shallow areas within the stormwater ponds for wading birds to forage, providing a specific list of native plants that provide wildlife food). 9, Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a copy of the Declaration of Master Covenants, Conditions, and Restrictions of the Creekside Reserve (Williams Parcel) Homeowner's Association documents, that include the following: a. Specific language referencing the future resident's and the homeowner association's responsibilities with regards to preservation, protection, and management of the common preserve areas; b. Specific deed restrictions of all of the lots (1 through 17) that will contain a portion of the shoreline buffer preserve; c. Specific language referencing Section 6.02.02 of the SLC LDC which states that "Zone B shall consist of the area between Zone A and 300 feet from the ordinary high water line, when the site is located upstream of the Gordy Road structure. No development activity that would permit the introduction of any permanent structure that dos not comply with the provisions of St. Lucie County's flood damage prevention regulations in Section 6.05.00 of this code, is to be permitted, No road right-of-way (public or private), except for individual driveways, on-site drainage retention pond or system (except for lawfully permitted drainage conveyance outfalls), wastewater 11ft station, petroleum or chemical storage area File No.: PUD-420071099 XXX, 2007 Resolution No. 07-241 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 (such as would be associated with a pool), or other activity that would contribute to the degradation of the water quality within the North Fork System is permitted." 10. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department documentation of the verification of the wetland lines by SFWMD. 11. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department documentation of the verification of the wetland lines by the USACOE. 12. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a site plan showing final required locations of all silt fencing and tree area/preservation area barricades. 13. Prior to issuance of any building permits or vegetation removal permits for any portion of the Creekside Reserve (Williams Parcel) site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a revised landscape plan showing all of the following items: a. Please state "Please see Preserve Area Management Plan, Figure 6" instead of "+1- 000 trees" for Lake Upland Buffer trees; b. Please also, as previously requested, specify that each required tree needs to meet the minimum 12' tall, 2.5" dbh (plan stili shows caliper); c. Please show types and quantities of all plant species proposed to be planted; d. Please show the locations of the proposed littoral shelves and lists the plant species proposed for the littoral shelves and lists quantities and sizes of each species to be planted; e. Please show the locations of the proposed upland edge buffer zone and lists the plant species, quantities, and sizes of each species proposed for the upland edge buffer zone to be planted. The preserve area may consist of preserved or planted vegetation but shall include canopy, understory, and ground cover of native species only, As a minimum, ten square feet of such buffer shall be provided for each linear foot of wetland or deepwater habitat perimeter that lies adjacent to uplands. This upland edge habitat shall be located such that no less than 50 percent of the total shoreline is buffered by a minimum width of 10 feet of upland habitat. Please provide planting plans for both the littoral zone and the upland buffer in the revised site plan. Please also indicate whether or not the minimum square footage of upland buffer is being provided. B. The property on which this site plan approval is being granted is described below. That portion of the Southwest quarter of the Southwest quarter of Section 27, Township 35 South, Range 39 East, St. Lucie County, Florida, lying South and East of the following described line: Begin at a point 52 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 27; thence run South 00042'20" West, on a line parallel to the Section line and 52 feet east thereof, a distance of 420,10 feet; thence South 29048'25" East, 84.45 feet; thence South 48031'15" East, 93,71 feet, thence North 89000'05" East, 399,31 feet; thence South 75001'30" East, 436.70 feet; thence North 47°47'45" East, 446,34 feet to a point the on East line of, and 349.06 feet South of the Northeast corner of the aforesaid Southwest quarter of the Southwest quarter of said Section 27. Less canal right-of-way as recorded in OR Book 164, Page 2391 of the Public Records of the St. Lucie County, Aorida. The Northwest quarter of the Northwest quarter of Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida, Together with the West 60 feet of the South 60 feet of the Northeast quarter of the Northwest quarter of said Section 34, Less the East 25 feet of the North 309.58 feet of the South 956.88 feet of the Northwest quarter of the Northwest quarter of said Section 34, Further Less canal right-of-way. The East half of the Northeast quarter of the Northeast quarter of Section 33, Township 35 South, Range 39 East, St. Lucie County, Florida. File No.: PUD-420071099 XXX, 2007 Resolution No. 07-241 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Location: Located on the south side of Okeechobee Road (S.R, 70) just west of the Ft. Pierce Tumpike Interchange, approximately one mile west of Gordy Road, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside PUD, and adjoins the South Rorida Water Management Districts water attenuation facility to the east. ParceIID#: 2327-333-0000-000/3, 2334-220-0000-000/8, and 2333-111-0000-000/0 C. This Preliminary Planned Unit Development Site Plan approval shall expire on XXX, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or unless a building permit is secured, D. The Preliminary Planned Unit Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner of Creekside Reserve - PUD. including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Part A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which said plan shall be placed on file with the St. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Chris Craft XXX Vice-Chairman Joseph Smith XXX Commissioner Paula A. Lewis XXX Commissioner Charles Grande XXX Commissioner Doug Coward XXX PASSED AND DULY ADOPTED this XX day of XXX, 2007. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attomey H:\Planning\ Creekside\ Creekside AdditionlCreekside Reserve Resolution 07-241.doc File No.: PUD-420071099 XXX, 2007 Resolution No. 07-241 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Exhibit A 22 23 24 25 . Certificate of Capacity Deferral 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 File No.: PUD-420071099 XXX, 2007 Resolution No. 07-241 Page 6 2 3 4 5 Exhibit B 6 7 8 9 . General Location Map 10 . Area Subject to the Change in Zoning 11 12 13 14 15 16 17 18 19 20 21 22 23 24 File No,: PUD-420071099 XXX, 2007 Resolution No. 07-241 Page 7 Okeechobee County "U "U 0 .., CD C - ëÐ' ;:: I~ en .. 0 0 .., .., ~ .., .., .þ.. CD õ1 rc.. .., t ~ N OJ 0 c:: ~ (") "U i~ :1'! 0 -. .., È' ~.z ....., _CD 0 '" ~ "'0 c 0 rCD $. :" CO r::+ '" CO () ã), 0 .. tr1 0 en ..... 1------------------------ I I I I I I I I I I I I I I I I I I I 1 , -------------------------------------- ----------------------------- } #,.F ~/ ---- ~;,¡;{\\'ô .4',," / 'Q'P 00' C-24 Canal C~ulton Rd _~__-. ~~~. .~7~,![:I~e&_B~t..,~~, .- I 10 " ,~ 10 '. I~ o ~ ~...._~e~~"~.~~Ç!l~'ta.IJ!d_.. .--~ ¡ ~ ~. 00 . " -¡¡ i :; ~ ~ :1J ~. ... ~ " ~ "- ::r () g ~ " A petition of Preferred Properties of St. Lucie, LLC for a Preliminary Planned Unit Development (PUD) site plan approval consisting of 40 single family residential lot subdivision for the ro'ect to be known as Creekside Reserve o a:: UJ ....I ~ Z UJ > UJ ....I UJ ¡ , . , . PUD 420071099 Legend , ìñ o z MULLER'RD 5l:-.Á~ .a,~~ (irtrWt/Í .:Nanø¡¡ement 7.J'!.Partment" N A ~ Subject property Map prepared August 1, 2007 Zoning Preferred Properties of St. Lucie., LLC I : I , I ' I " I I I I I I I I I I I I I I I 2.5 AG-1 G- 5 AG-2.5 G 2. , , . . RlC A 2.5 A -2.5 PUD 420071099 Legend ~ ~~ a,-7~_ growtli :Mano¡¡ement V97arl71Unr N A ~ Subject property Map prepared August 1, 2007 Preferred Properties of St. Lucie, LLC ,- 'II ~E '. ~~ ..J.-: . ì.f"1\1//\ ¿e x: -- 'so L Il1o. -rß ~~ 'so ~;;~l ~~f;~ P/F '///.% ~ ~ RIG .."",--""" I f\,G 2. E R/C r r---r-- ;i ~/ I!' I AG-2.5 r~ liP" ~ "MUlLERRD u RIc-l 2.5 Land Use - RE ,¡,...... ~G-2 5 ~ ~ròr¿r¿~o~: : (jÿ-.o ::::.,J: I o'l--r¿y; I I; I r¿r¿ ~o I I I I I I ~r¿~~ I : ~'I--~~ I I I I I I I ~ I : IIJIII I I I I J I I I , I > , I . I I I . ! ' I . I . I .. I I I [ I I I I Ir-- bE I I I I I I Ii' I I I I I I I~ I I I I I I I I I I I I I I I I I I I I 1- I I I I I I I I I I I I Lê w ...J ::¡¡; Z w ~J ~G-2 5 AG 2.5 PUD 420071099 Legend /- AG-~ .5 ~ Subject property ( ,..,..... ~ ~ ~~ ~ - , so r~xo 9:- ..L~ ¿Ç,-7~- {jrMIIlli .:Ma~t Vtf,Partmenr N A Map prepared August 1, 2007 :-\ Preferred Properties of St. Lucie, LLC . ' ?0"4"~,; . ç""~"1t¥{it .-:JÚm.Jfjem.'!'Nt f'h:Y:MF'tmð1'l.t N  PUD 420071099 Legend Subject property Map prepared August 1, 2007 ·Preferred Properties of St. Lucie, LLC ~ Subject property 5è';(~ ~~~_ {irtrWtli .;ttanøeement 2J1JPtZ7"tmen./" N A PUD 420071099 Legend Map prepared August 1, 2007 -- Creekside Reserve -- Application for Preliminary PUD "prihtFoím -. I SP NVMBER:PUJ)·i~f)n'7If)t¡fI RESOL1JTION NO: CERT. CAPACITY NO: OFFICE VSE ONLY DATE FILED: REVIEW FEE: CONCURRENCY FEE: RECEIPT NO: RECEIPT NO: ST. LUCIE COUNTY GROWTH MANAGEMENT DEPARTMENT 2300 VIRGINIA A VENUE FORT PIEIlCE. F1. 34982"5652 772-462·2822 APPUCATION FOR CHANGE IN ZONING TO PLANNED DEVELOPMENT (pUD, PNRD, PMUD) and CERTIFICATE OF CAPACITY DIRECTIONS Pi.... complete the rcq.¡.stcd infonnatÎon ond ...bmil all Items to the 81. Lucie County Growth Manl&cment Dcpartmen~ 2300 Virginia A venue, Ft. Pierce. F1. 34982. The proper non...efUndable opplicatiOll fee must accompany all opplications. For assistance in ...bmiwng the opplication, pl.ase contB.Ct the St. Lucie County Growth Management Department, Planning Division. REVIEW FEES and THRESHOLDS PRELIl\.fiNARY PLAN FINAL PlA~ common Ownership or contro In R<sidcntial Land Use In Commercial Land Use In Industrial Land Use In Mixed Land Use J 0,000 square fed minimum lot size (under common ownCfm ip or control) 20,000 square feet mirJimum lot size (under common ownership or control) 20,000 square feet minimum 101. size (under common owncrsb ip ar c:ontrot) 20,000 square fed.minimum lot size (under cormnonowncrship or conb"ol) Plat Fee (no improvemenis) NlA 'e opm.ot Extension ln~iaJ ",bmission shall includ. the following: I) 2) 3) 4) 5) 6) 7) 8) 9) One (I) original and twenty nino (29) copies of the completed site plan application. Thirty (30) copies ofibe site plan graphics. (24 inches by 36 inches sheets) Thirty (30) oopies ofib.landscape plan, Thirty (30) copies of the requiJ:ed bmmdaIy and Ioposraphic survey. Ten (10) copies of1l10 Transporta1ioo Impact Report Ç1fapplicablo)_ Five (5) copies of the Environmental Impact Report (If applicable), Five (5) copies of the Prelirnina¡y Drairulge Data. Three (3) copies of Aerial. Three (3) copies of the St Lucie CO\J!1ty Property Appraiser Tax Map (Scale I :200) with. property under petition highlighted . Revised February 7. 2007 July 13, 2007 File No. 04·114 SLC-Project Number xxx-xxx-xxx Page 29 - - -- Creekside Reserve -- Application for Preliminary PUD All applications for a Planned Denlopment mu>1 be completed and tiled with the Department before 4:30 PM each business day to meet applicable fmng deadlines, For an application submission to be determined complete, aU required materials must be present at the. time of submission. PROJECT INFORMATION LULAuul'IlSITE ADDRESS South side of Okeechobee Rd (S.R. 70) one mile west of Gordy Rd I'tJDIP1''I1IDIPMUD NAME I Creekside Reserve PROPERTY TA.X ID NUMBERS ! I 2333-111-0000-000/0 I 2334-220-0000.{)00/8 - 2327-333-0000-000/3 LEGAL DESCRIPTION (attach en.. - -- - sheets if necessary) See Attached SECTION II 27 1'OWNSHIP I 35S RANGE I I 39E . r \CRES II 81.938 A(iJj; n/a ZONL~G DISTRICT ·See Attached LAND USE CLASSIFICATION ¡ See Attached DESCRIPTION OF PROJECT See Attached ; TYPE OF CONSTRUCTION (Ched (i] RESIDENTIAL 'RlMBER OF RESIDENTIAL I all appl'Opriate boxes) lmrIS/SUBDIVIDED LOIS 40 r~ CO OrAL SQU TAGE I r] INDUSTRIAL OTALSQUÄREFOOTAGE II r laTHER (PLEASE SPECIFY) roMm:K A.I"D :s.ut: Ob N/A OUTPARCELS /IF APPUCABLEI . DESCRIBE THE REASON FOR THE REQUESTED CHANGE IN The requested change in zoning to PUD is for the purpose of developing a 40 unit Planned tzOl'\"ING Unit Development that lies adjacent to the existing/approved Creekside PUD IS mE PROPOSED REZONING IN CONFLICT WITH ANY PORTION OF mE sr, LUCIE COUNTY LAND DEVELOPMENT CODE OR mE ST. LUCIE COUNTY COMPREHENSIVE PLAN? Revised February 7, 2007 July 13, 2007 File No, 04-114 SLC.Project Number xxx-xxx-xxx Page 30 -- Creekside Reserve -- Application for Preliminary PUD The following information )'ou pro\;de is very important in deter'mining the outcome of your Rezoning requesl It is reqwred by the Sl Lucie Land Development Code that appropriate findings be made to justify a Rezoning approval. Please use additional pages, if necessary, to justifY your request. 3.) How is the proposed change in zoning compatible with the existing uses in the area? 5.) What conditions have changed in the immediate area that warrants consideration of this change in zoning? 7.) What are the anticipated cnvironmen!al impacts of the proposed rezoning? If no adverse impacts are anticipated, please explain why? 8.) WilJ the proposed rezoning result in an orderly and logical development pattern? Please explain. Revised February 7, 2007 July 13, 2007 File No. 04-114 SLC-Project Number xxx-xxx-xxx Page 31 ...,. . '! ,. Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and runway approach areas from encroachment. Administrative Costs, appraisals, legal fees, surveys, closing costs and preliminary engineering fees are eligible costs, In the event the negotiation for a fair market value is unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones, (FOOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FOOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types, A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dot.state.f .us/Aviation/Public.htm. Commercial Service Airports Matching Reauirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs, (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on-airport revenue-producing capital improvements, This program is for local match only. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Joint Participation Agreement (JPA) Exhibit D Page 6 of7 i ,4,· .:. _ p Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Joint Participation Agreement (JPA) Exhibit D Page 7 of7 1"'- # ITEM NO. C7 DATE: 09/18/07 AGENDA REQUEST REGULAR ( PUBLIC HEARING ( CONSENT ( X ) ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBJECT: Award of Invitation to Bid #07-095 for the purchase of trees with funds received from the Florida Department of Agriculture and Consumer Services Grant in the amount of $175,000 for the Adopt-A-Tree program in St. Lucie County from Sunshine Land Design, Inc. BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: 001407-3920-552311-300 Urban and Community Forestry 2005 Emergency Hurricane Supplemental (Adopt-A-Tree). PREVIOUS ACTION: On, June 28, 2005, the Board authorized the submittal of this grant application, acceptance of the grant, and approval of Resolution 05-255 to authorize St. Lucie County to enter into an Urban and Community Forestry Grant Memorandum of Agreement with the State of Florida, Department of Agriculture and Consumer Services, Division of Florida. On January 17, 2006, The Board authorized approval of Budget Resolution 06-026 establishing for funds received from the FDACS Grant in the amount of $175,000 for the Adopt-A-Tree program in St. Lucie County, On July 24, 2007, the Board approved going to bid for the purchase of the trees, Agenda Item #C6-Z RECOMMENDATION: Staff recommends Board approval to award Invitation to Bid #07-095 to Sunshine Land Design Inc., for the cost of $175,000 per the unit prices listed in Bid #07-095, and authorization for the Chairman to sign the contract as prepared by the County Attorney. \)C APPROVED ( ) OTHER Approved 5-0 () DENIED COMMISSION ACTION: o g sM. Anderson County Administrator Environmental (X) Services q9Jr l.t;n~ß Coordination/Sianatures . 1\. ~ . Mgmt & Budget (X) f\"t~ Mf~ Purchasing (X) ~ ~ -- County Attorney (X) Other Finance (J for copy only if applicable) ,. \ \ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P,M., Purchasing Director DATE: September 4, 2007 RE: Award of Invitation to Bid (ITB) #07-095 for the purchase of trees with funds received from the Florida Department of Agriculture and Consumer Services Grant in the amount of $175,000 for the Adopt-A-Tree program in St. Lucie County from Sunshine Land Design, Inc. Backaround: St. Lucie County (SLC) currently offers an Adopt-A-Tree program that is funded primarily by developer mitigation. The goal of the DOF grant is to expand the capabilities of the Adopt-A-Tree program and, as was recently approved by the DOF, expand the scope of this grant to include planting trees on SLC Natural Areas in conjunction with the Environmental Lands restoration program. The Florida Department of Agriculture and Consumer Services has extended the deadline for completing this grant due to logistical problems encountered state-wide, including current drought and watering restrictions in South Florida and supply shortages of suitable trees. This ITB was issued July 29, 2007 and opened August 29, 2007. Two hundred eighty three companies were notified, twenty-four bid packages were distributed, and one bid was received. Recommendation: Staff recommends Board approval to award Invitation to Bid #07-095 to Sunshine Land Design Inc., for the cost of $175,000 per the unit prices listed in Bid #07-095, and authorization for the Chairman to sign the contract as prepared by the County Attorney. I -# ~ BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT NEIL APPEL, C.P.M. PURCHASING DIRECTOR TABULATION SHEET - BID 07-095 PURCHASE OF NATIVE TREES OPENED: AUGUST 29,2007 AT 2:00 PM One (1) submittal was received for subject proposal: Timothy Taylor- Sunshine Land D . eSlgn nc. TREE MINIMUM Unit Estimated Quantity Available SPECIES CONTAINER Price VOLUME South FL Slash Pine 1 GALLON 4.50 2000+ South FL Slash Pine 3 GALLON 13.00 2000+ South FL Slash Pine 5 GALLON N/A - South FL Slash Pine 7 GALLON 40.00 2000+ Live Oak 1 GALLON 4.50 4000+ Live Oak 3 GALLON 12,00 4000+ Live Oak 5 GALLON N/A Live Oak 7 GALLON 40.00 4000+ Laurel Oak 1 GALLON 4.50 4000+ Laurel Oak 3 GALLON 12.00 4000+ Laurel Oak 5 GALLON N/A Laurel Oak 7 GALLON . 40.00 4000+ Gumbo Limbo 1 GALLON 7.00 1000+ Gumbo Limbo 3 GALLON 15.00 1000+ _. Gumbo Limbo 5 GALLON N/A --- Gumbo Limbo 7 GALLON 40.00 1000+ Bald Cypress 1 GALLON 4.00 4000+ Bald Cypress 3 GALLON 12.00 4000+ Bald Cypress 5 GALLON N/A Bald Cypress 7 GALLON 40.00 4000+ Red Maple 1 GALLON 4.00 4000+ Red Maple 3 GALLON 12.00 4000+ Red Maple 5 GALLON N/A Red Maple 7 GALLON 40.00 4000+ Seagrape 1 GALLON N/A Seagrape 3 GALLON 12.00 4000+ Seagrape 5 GALLON N/A Seagrape 7 GALLON 40.00 4000+ Wax Myrtle 1 GALLON 4.00 4000+ Wax Myrtle 3 GALLON 12.00 4000+ Wax Myrtle 5 GALLON N/A Wax Myrtle 7 GALLON 40.00 4000+ Native Stoppers (specify 1 GALLON N/A White, Red, Spanish) ~- \ , N/A 8.00 200 TREE MINIMUM Unit Estimated Quantity Available SPECIES CO NT AINER Price VOLUME Native Stoppers (specify 3 GALLON 12.00 500+ White, Red, Spanish) 12.00 500+ 12,00 500+ Native Stoppers (specify 5 GALLON XXX White, Red, Spanish) Native Stoppers (specify 7 GALLON 60.00 500+ White, Red, Spanish) 60.00 500+ 60.00 500+ Magnolia 1 GALLON 4.00 500+ --- --- 3 GALLON Magnolia 12.00 500+ -- -- Magnolia 5 GALLON N/A Magnolia 7 GALLON --. 40.00 500+ Buttonwood 1 GALLON 4.00 1000+ ----,.- Buttonwood 3 GALLON 12.00 1000+ ~--~--- Buttonwood 5 GALLON N/A Buttonwood 7 GALLON 40.00 1000+ Loblolly Bay 1 GALLON 4,50 1000+ Loblolly Bay 3 GALLON 12,00 1000+ Loblolly Bay 5 GALLON N/A ... Loblolly Bay 7 GALLON N/A Sweetbay 1 GALLON 6.00 500+ Sweetbay 3 GALLON 12.00 1000+ Sweetbay 5 GALLON N/A Sweetbay 7 GALLON 40.00 1000+ Dahoon Holly 1 GALLON 4.00 1000+ Dahoon Holly 3 GALLON 12.00 1000+ Dahoon Holly 5 GALLON N/A Dahoon Holly 7 GALLON 40.00 1000+ Satinleaf 1 GALLON 8.00 500+ Satinleaf 3 GALLON 12.00 500+ Satin leaf 5 GALLON ---- N/A Satin leaf 7 GALLON 40.00 500+ Geiger Tree 1 GALLON 8.00 500+ Geiger Tree 3 GALLON 15.00 500+ Geiger Tree 5 GALLON N/A Geiger Tree 7 GALLON 50.00 500+ Paradise Tree 1 GALLON N/A Paradise Tree 3 GALLON 15,00 500+ Paradise Tree 5 GALLON N/A Paradise Tree 7 GALLON 75.00 500+ NUMBER OF COMPANIES NOTIFIED*: 283 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 24 NUMBER OF BIDS RECEIVED: 1 - Per demandstar.com .... AGENDA REQUEST ITEM NO. _C8_ DATE: REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Library PRESENTED BY: Susan Kilmer SUBJECT: St. Lucie West Library - payment correction BACKGROUND: The BOCC approved payment to Indian River Community College at the July 24, 2007 Board meeting in the amount of$161,000 for library service at the St. Lucie West campus. A calculation error was made by the Library Director, the payment to IRCC should have been $163,075. FUNDS AVAILABLE: 105-7115-534000-7950 Contracted Services PREVIOUS ACTION: BOCC approved payment at the July 24, 2007 meeting RECOMMENDATION: Staff recommends that the Board of County Commissioners approves the additional funding to Indian River Community College' [XI APPROVED [ ] OTHER: [ ] DENIED ug Anderson County Administrator COMMISSION ACTION: Approved 5-0 County Attorney: xOriginating Dept: I.5ðK Coordination/Signatures x Management & Budget: ~ \. Ñ( Other~, ing: Public Works: E Finance: (Check for Copy only, if applicable) MEMORANDUM ST, LUCIE COUNTY LmRARY TO: Board of County Commissioners Susan Kilmer, Library Director ¡J CUltl4{ Kf¡Wl-/; September 5, 2007 FROM: DATE: SUBJECT: St. Lucie West Library payment correction The Board of County Commissioners approved the annual payment to Indian River Community College for library service at the St. Lucie West campus at the July 24,2007 Board meeting. Unfortunately I made a mathematical error in the payment calculation and had the wrong dollar amount in the back-up memorandum and budget breakdown as well as on the agenda request. The dollar amount allocated for the St. Lucie West Library campus for 2006-2007 is $206,953 with a direct payment of$163,075 to Indian River Community College. On the July 24,2007 agenda I indicated a payment of$161,000 to IRCC with an incorrect dollar amount of$164,771 in the body of the memorandum, I must now request approval for the difference owed to Indian River Community College for library service at the St. Lucie West campus in the amount of$2,075. I do apologize for this confusion and error with the hopes that I never make a mistake like this again. Cc Doug Anderson, County Administrator Faye Outlaw, Asst. County Administrator Marie Gouin, Management & Budget Director St. Lucie West Library Budget 2006-2007 Salaries & Benefits Books* Subscriptions* Landmark Audio Books* Postage* Communications* Other (supplies, utilities, etc) $145,185->f- 31,210 5,000 1,800 50 5,818 17.890,*- $206,953 Funding for St. Lucie West Library State Aid to Libraries Grant funds County General Revenue funds $141,953 65,000 Items marked with an asterisk (*) are paid by the Library for St. Lucie West, remaining items are paid directly to Indian River Community College. :::f P Ci C¡ to illee AGENDA REQUEST ITEM: # C- 9 DATE: 9/18/2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Carl Holeva, Director, Human Resources SUBMITTED BY (DEPT): Human Resources SUBJECT: Authorization to hire above mid-range of the pay scale BACKGROUND: In order to hire above the mid-range of our current pay scale it requires Board approval. The mid range for PG 26 Assistant Growth Management Director is $69,542.30, GENERAL NOTES: Mr. Robin D. Meyer, successful candidate for Assistant Growth Management Director position earns $80,000.00 annually in his current position. (see attached employment application and resume) Mr. Meyer has been made a contingent offer of employment to start on or about Monday, October 8, 2007, ( see attached offer letter) Seeking approval to hire at $80,000.00. FUNDS AVAIL: In Departments budget --- lot) - /5/0/- S-/c9ð-c:x:;J -100 PREVIOUS ACTION: N/A RECOMMENDATION: circumstance. Staff requests Board approval of Hiring above the Mid-range in this COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 CONCUR~: ~~ Douglas M. Anderson County Administrator County Attorney: j" I' , 0"'/ ..". ,;Ý,,(.-- Review and Approvals Management & Budget: A c¿ f rnW\~ Other: Purchasing" Originating Oept Other: Finance: (Check for Copy only, if applicable)_ Human Resources ('1l¡,1~ IJ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUAL OPPORTUNITY EMPLOYER 2300 Virginia Avenue Fort Pierce, Fl. 34982 - 5652 Telephone (772) 462-1546 Fax (772) 462-2361 Jobline (772) 462-1967 http://co.st-Iucie.fl.us APPLICATION FOR EMPLOYMENT Date: August 2, 2007 Position(s) Applied For: 1. Assistant Director of Growth Ma, 2. 3. (PLEASE PRINT PLAINLY IN BLUE OR BLACK INK) Name: Meyer Robin Dale Last First Middle Initial Present address: 21560 Widgeon Terrace Fort Myers Beach 33931 No. Street City State Zip Home Phone: 239-233-1957 Telephone # where you can be reached: 239-437-4601 Would you work Full-Time: ill Part-Time: Q Were you previously employed by us? List any friends or relatives working for us: Are you a U.S. Citizen? Yes If not, Alien Registration or Visa Classification Form # If your application is considered favorably, on what date will you be available for work? 3 Weeks Notice THIS EMPLOYMENT APPLICATION MUST BE COMPLETELY FILLED OUT AND SIGNED. List below all present and past employment, beginning with your most recent employment and describe all periods of employment including self-employment, unemployed periods and military service. Employment history must be complete. Use additional sheet if necessary. This application must be filled out completely in order to be considered for an Interview. If you are submitting a resume, it may be attached, but the application must be filled out. If you are claiming Veterans Preference, you must attach a copy of your DD214 or your claim will not be valid. If you are a college graduate, we must have a copy of your diploma or college record for the degree to be considered during the interview. Application must be signed and dated. If you have any questions, please ask at the front office. St. Lucie County Board of County Commissioners is a Drug Free Workplace. ~J~Jo 7-flìjfi OuTL¡t;t,ù -flOrvun- / LENGTH OF EMPLOYMENT Firm Name Ci and State Fort Myers FL 33907 VanasseDaylor From: Month Year To: Month Year Salarv Reason for Leavina April 2005 Present $80,000 Yr. To return to public service T e of Business Your Title Name and Title of Immediate Su ervisor Phone # Planning, engineering Director of Planning Reed Jarvi 239-437-4601 Responsible for all planning and design activities for VanasseDaylor, a Urban Planning, Landscape Architecture, Civil Engineering and Traffic Engineering firm of 25 employees. Firm Name Ci and State Naples, FL 34112 Collier County From: Month Year To: Month Year Salarv Reason for Leavina April 2003 April 2005 $64,000 To take a promotion to planning director T e of Business Your Title Name and Title of Immediate Su ervisor Phone # County Planning Principal Planner Ray Bellows 239-403-2463 the nature of the work Responsible for processing all types of land use permits for Collier County, also the review of major site plans for zoning compliance. Other duties include the development of amendments to the County's zoning regulations. Firm Name Cit and State City of Tacoma Tacoma, WA 98402 From: Month Year To: Month Year Salary Reason for leavina Sept. 1998 April 2003 $72,000 To try planning in Florida TVDe of Business Your Title Name and Title of Immediate SUDervisor Phone # City Planning Supervisor of Planning Peter Huffman 253-591-5375 l).Supervise all Comprehensive Plan updates and modifications, including a multiyear major rewrite/re formatting of the City's Comprehensive Plan and all of it's elements. 2).Supervise the rewrite of the City's Zoning Code, this was a 20 month effort to redraft the entire Land Use Regulatory Code (Zoning) along with the Shoreline Regulations and Critical Areas Ordinance, 3).Supervise all Neighborhood Planning, including citizen generated Comprehensive Plan changes and the development of Action Strategies, that identified citizen driven changes and improvements to the eight identified neighborhoods. 2 YOU MAY CLAIM VETERAN'S PREFERENCE IF: (Florida Resident Only) (1) You were discharged or released under honorable conditions only or who later received an upgraded discharge under honorable conditions. (2) You have not been employed with a governmental entity within the State of Florida (previous employment will cause your veterans preference to expire). Previous employment with a governmental entity outside of the State of FJorida will not expire the preference, (3) Disabled veterans who have served on active duty in any branch of the Armed Forces and who: (a) have a presently existing service-connected disability which is compensable under public law administered by the V A; or (b) are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the V A and the Department of Defense. (4) The spouse of any person who: (a) has a total and permanent service-connected disability and who, because of this disability, cannot qualify for employment, or (b) is missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power. (5) A wartime veteran. i,e, you must have served at least one (1) day during a wartime period, (Active duty for training is not allowable for preference). **You may refer to the Veteran Preference Booklet in the Human Resources Department for the qualifying wartime periods** (6) The unremarried widow or widower of a veteran who died of a service- connected disability, ** Attach Form DD214 (Certificate of Discharge or Separation from Active Duty) RECORD OF EDUCATION High School: Colleae: Other (Specify) Name/Address of School: Name/Address of School: Name/Address of School: Carlmont, Belmont California Western Washington University Course of Study: Course of Study: Course of Study: General Planning Check Last Year Completed: Did you Graduate? List Diploma or Degree: ¡~ Yes 0 No 0 You will be required to furnish copies of your Social Security card, Drivers license and diplomas at time of employment. Type(s) of computer(s) Typing Speed WPM Steno Speed WPM Indicate any other experience, skills or qualifications not mentioned in this application: Military If you are claiming Veterans Preference - A copy of your 00214 MUST be attached. Were you in U.S, Armed If yes, what Branch? Rank at Discharge: Type of Discharge: forces? Yes:D No: 0 List duties in the service including special training: Are you claiming Veterans Preference? Yes:D No:0 Have you ever been employed by the state or a political Date of Duty: subdivision of the state ìncluding municipalities? (Include month, day and year) Yes: 0 No:D From 04/24/2003 To: 04/15/2005 Legal Have you EVER been convicted of or pled guilty, no contest or nolo contendere to a crime? YesD No:0 Penal /Dis osition Have you EVER been charged with a crime and either been placed on a court ordered probation, have adjudication withheld, or entered a pre-trial intervention program? Yes: D No: 0 Penal /Dis osition By my signature, I certify that I know, understand, and agree that any false statement or omission of information requested will result in my Immediate termination. ~~ 0, (\^Q ^ ^ August 2, 2007 _ _ ~_N\<v """--- Date Signa ure of A}pllcant ¿ 3 Applicant Driving History: Directions: Please print information EXACTLY as shown on driver's license. Driver's License #: State in which County in which Type: Name and address If you have not held M600W724-S0-464- issued? issued? CDL (class) if different from a Florida Driver's 0 Florida Collier application: License for the Operator past three years, E please give the state in which it was issued. Is your license Has your license Has your license(s) Has your license(s) ever been suspended? currently valid? expired? ever been revoked? Yes:0 Yes:D Yes: 0 Yes:D No: 0 NoD No: 0 No: 0 If yes, give complete details. list all traffic citations received within the last seven (7) Havë::t ever cøleted a Defensive Driving Course? years, For each offense, give date, description of offense, city Yes, No: II' and/or state in which offense occurred and disposition of case. If yes, give complete details: (Month/day/year) EMPLOYMENT APPLICATION CERTIFICATION I hereby certify that all of the facts and information listed on this employment application are true and complete. I understand that any false, incomplete or misleading information given by me on this application is sufficient cause for rejection of this application. I also understand and agree that any such false, incomplete, or misleading information discovered on this application at any time after I am employed may result In my dismissal. I hereby authorize the County to investigate all statements contained in this application, to interview the references and previous employers listed in this application. I authorize the references and previous employers listed to give the County all facts, opinions and evaluations concerning my previous employment and any other information they may have, personal or otherwise, and release all such parties from any liability which may allegedly arise from furnishing such information to the County, including, but not limited to, any liability defamation or invasion of privacy. If I am offered employment, I understand that such an offer will be conditional upon satisfactory results of a background investigation and/or County medical examination or inquiry, including a drug screen test. If then employed, I understand that I will be required to serve a six (6) month training period. I further understand that my employment is at the discretion of the Board and compensation and employment can be terminated, with or without cause or notice, at any time, regardless of the successful completion of my training period, at the option of either the County or myself, I understand that no supervisor or other representative of the County other than the Board has any authority to enter into any agreemènt for employment for any specified period of time, or to make any agreement contrary to the foregoing, I further understand and voluntarily agree as a condition of employment or my continued employment, that I may be requested by the County to submit to a urinalysis or other drug or alcohol screen test and that my failure to take such testIs) when requested to do so or unsatisfactory test results will disqualify me from consideration for employment, or if I am then employed, may result in my Immediate dismissal. I certify that I have read, understand and agree with the above. August 2, 2007 Date ~p.M~ 4 Robin D. Meyer Mr. Robin D. Meyer, AICP 21560 Widgeon Terrace Fort Myers Beach, Florida 33931 (239) 437-4601 (W) (239) 233-1957 (H) E-mail Address:Dreamisland@MSN.com Professional Experience Vanasse Daylor Fort Myers, Florida Director of Planning and Design, May 2005 to Present. Salary; $80,000 + Bonus. Responsible for all planning and design activities for VanasseDaylor, a Urban Planning, Landscape Architecture, Civil Engineering and Traffic Engineering firm of 25 employees. Collier County, Department of Zoning and Land Development Review, Community Development and Environmental Services Division. Collier County, Florida Principal Planner, Department of Zoning and Land Development Review. April 2003 to May 2005. Salary; $62,000. Responsible for processing all types of land use permits for Collier County, also the review of major site plans for zoning compliance. Other duties include the development of amendments to the County's zoning regulations. City of Tacoma, Economic Development Department, Growth Management Division, Planning and Neighborhoods Tacoma, Washington Supervisor, Neighborhood and Transportation Planning; September 1998 to March 2003; Salary; $72,000. 1) Supervise all Comprehensive Plan updates and modifications, including a multiyear major rewrite/re formatting of the City's Comprehensive Plan and all of it's elements. 2) Supervise the rewrite of the City's Zoning Code, this was a 20 month effort to redraft the entire Land Use Regulatory Code (Zoning) along with the Shoreline Regulations and Critical Areas Ordinance. 21560 Widgeon Terrace * Fort Myers Beach, Florida * (239) 233-1957 Robin D. Meyer 3) Supervise all Neighborhood Planning, including citizen generated Comprehensive Plan changes and the development of Action Strategies, that identified citizen driven changes and improvements to the eight identified neighborhoods. 4) Supervision of Transportation Planning and Programming for the City. 5) Supervise general staff work load and operation. 6) Development of Division Budget. City of Tacoma, Planning and Development Services Department, Planning and Neighborhoods Division Tacoma, Washington Project Coordinator, Sound Transit Planning; April 1996 to September 1998; Salary; $64,000. Project Lead in the integration of the City of Tacoma 's Plans and Programs with all of the Puget Sound Regional Transit Authority projects that were developed within the City of Tacoma. This effort involved the expenditure of over 200 million dollars over 5 years, to develop a regional transit hub, siting and construction of a light rail facility including 6 stations and the development of a commuter rai/line and stations. City of Tacoma, Planning and Development Services, Urban Strategies and Technology Div. Tacoma, Washington Urban Planner II: January 1994 to April 1996. Salary;$58,000. City lead for the development of all Zoning Code Changes for the City of Tacoma City of Tacoma, Planning and Development Services Department, Growth Management Division. Tacoma, Washington Urban Planner Transportation; June 1991 to January 1994; Salary; $52,000. J) Project lead for the development of the regulations and the rezones that implemented the City of Tacoma's Comprehensive plan as required under the State Growth Management Act (GMA) 2) Project lead on the development of the City of Tacoma's Transportation Plan and Program as part of the City's Comprehensive Plan as required by GMA. 3) Project leadlStaffto the Downtown Tacoma Parking Commission. 4) Project lead on the development of the Downtown Tacoma Master Parking Plan. 21560 Widgeon Terrace * Fort Myers Beach, Florida * (239) 233-1957 Robin D. Meyer Additional Experience City of Tacoma, Planning Department, Land Use Administration Division, February 1979 to June 1991. City of Tacoma, Planning Department, Land Use Planning Division, February 1975 to February 1979. Memberships American Institute of Certified Planners Education Western Washington University Bellingham, Washington, 1969 to 1974, Bachelor of Arts Degree/Urban and Regional Planning University ofPuget Sound Tacoma, Washington, 1976, Completed various graduate level classes and conference course in Advanced Planning Techniques, Personnel Management through the International City Managers Association classes for Urban Planners. Tacoma Community College Tacoma, Washington, 1976 to present, Completed numerous courses in many areas specifically Staff Supervision and Personnel Management. 21560 Widgeon Terrace * Fort Myers Beach, Florida* (239) 233-1957 W CK©[».o;[JW71J!i r t AUG U 6ZDD7 ;¡ HUM....N Rli!aOUFlCI!!!& _T.1.UCIE COUN'TV, FLORIDA August 3, 2007 Human Resources Department 2300 Virginia Ave Fort Pierce, Florida 34982 Dear Sirs or Madame's: I am extremely pleased to be appJying for the posItIOn of Assistant Director of Growth Management, for S1. Lucie County. I am currently Director of Planning and Design for VanasseDaylor, a private Urban Planning, Landscape Architecture and Engineering Firm, located in Fort Myers Florida, where I am responsible for all planning and design work. One of our current projects is a DRI in Charlotte County called the Loop. I have over 32 years of broad based experience as a planner with over 7 years of supervisory experience. For nearly five years I was Supervisor of Neighborhood and Transportation Planning, with the City of Tacoma, Washington, where I supervised 9 Planners engaged in work as varied as amendments to the City's Comprehensive Plan (General Plan), a major update of our entire Zoning Code, Neighborhood Plans and implementing Action Strategies, all Transportation Planning activities and coordination of "Sound Transit" projects (a regional transit system consisting of light rail, commuter rail and bus service) within the City of Tacoma (population 198,000). From 2003 to 2005 I was employed as a Principal Planner with Collier County. During my career I have been involved in the rewrite of Tacoma's Comprehensive Plan (General Plan) to integrate land use and transportation as well as the rewrite of the zoning regulations to insure the implementation of the plan. I feel my knowledge and experience make me uniquely qualified for the position of Assistant Director of Growth Management. Attached is a copy of a St. Lucie County job application and a copy of my resume as a first step in exploring the possibilities of employment. I look forward to further discussions with you concerning this position, Sincerely, 1~,?~~~ Mr. Robin D. Meyer, AICP 21560 Widgeon Terrace Fort Myers Beach, Florida 33931 (239) 437-4601(W) (239) 233-1957 (H) E-mail Address: DrealTÚsland(a)MSN.com C:\DOCt:iI1tJi;l$ i;Ò!!(/ $etiinD:>\r-lne~'erM_v Docume-ll:s~~·-ty :;fUfr,$T ¡-!Je08flOc , t~· .., AGENDA REQUEST ITEM: # C- A1 DATE: 9/18/2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY Carl Holeva, Director, Human Resources SUBMITTED BY (DEPT): Human Resources SUBJECT: Authorization to hire above mid-range of the pay scale BACKGROUND: In order to hire above the mid-range of our current pay scale it requires Board approval. The mid range for PG 23 Capital Improvements Planner/Engineer is $59,837.23. GENERAL NOTES: Mr. Richard M. Ladyko, successful candidate for Capital Improvement Engineer position earns $130,000.00 annually in his current position. (see attached employment application and resume) Mr. Ladyko has been made a contingent offer of employment to start on or about Monday, October 15, 2007, ( see attached offer letter) Seeking approval to hire at $70,000,00, FUNDS AVAIL $63,713.00, budgeted for the position, # 102-15101-512000-100. Rest will be from attrition. PREVIOUS ACTION: N/A RECOMMENDATION: circumstance Staff requests Board approval of Hiring above the Mid-range in this COMMISSION ACTION: [ ] APPROVED [] DENIED [)i OTHER: CON~~CE ,(!-, Douglas M. Anderson County Administrator CA1 Pulled prior to the meeting. County Attorney 5~ Management & Budget ~ Purchasing Originating Dept *- Af' Other Other Finance (Check for Copy only, if applicable)_ -t-,--ó~ IU¡,ç BOARD OF COUNTY COMMISSIONERS ";'!"'SCT~~E1'Elr~~-- ",',,·,·.?ß! COUNTY ~, FLORIDA' COUNTY ADMINISTRATOR DOUGLAS M. ANDmSON September 10, 2007 Mr. Richard M. Ladyko 221 N,W. Magnolia Lakes Blvd, Port St. Lucie, Florida 34986 Dear Mr. Ladyko: I am please to offer you the position of Capital Improvements Engineer, in the Growth Management Department. for St. Lucie County, Your starting salary for this position is $70,000 contingent upon the approval of the Board of County Commissioners. Upon successful completion of a six-month evaluation period, you will receive a five percent (5%) increose. This offer is additionally contingent upon your successful completion of a drug screen, pre-employment physical, driver's license background and criminal background checks, Your pre-employment physical and drug screen will be scheduled by our Human Resources Department. Your tentative start date is October 15, 2007. Sincerely, ---- )-:. ~ -::::. ~ Faye Outlaw Assistant County Administrator FO/smb 07-10 C: Doug Anderson, County Administrator Carl Holeva, Director of Human Resources Mark Satterlee, Growth Management Director JOSEPH E. SMITH. DISTrict No 1 . DOUG COWA~D, DIStrict NO.2· PAULA A. LEWIS, District No. J . CHARLES GRANDE. DistrlC No" . CHRiS CRAFT, District No 5 County Adml(JIsrrotor - Douglas M. AÎlderson 2300 Virginia Avenue · Fort Pierce. FL J4952-5652 · Phone (772) 462-1450 · TDD (772) 462-1425 FAX (772) 462-1648· email: douga@co.sr-Iucie.fius web sire: www.co.st-Iucie. fl us Ii -- Creekside Reserve -- Application for Preliminary PUD SPECIAL NOT'CE , (PLEASE REA ) BEfORE SIGNiNG ACKN0í'¥LEDGMENTS ¡¡.ELOW) Submission of thi, application doe, not Nn'titute ¡he granting of approval. All appropriõte requirement' mU!:1 be met prior to thi, project being presented for approval to the appropriate authority. 51. Lucie County reserves the right to request additional information to ensure Ii complete: review of this project. ACKNOWLEDGMENTS Appticanllnformarion (Propert]1 Developer) "'.me: Preferred Properties of St. LLC Age.t ¡.rocmadon "'ame: CUlpepper & Terpening (Bill Blaz~k) Addre..: 2980 S 25th Street Ft, Pierce. FL 34981 Address: 29BO S 25th Street Ft. Pierce, FL 34961 rhone: (772)464-3537 FA:: (772)464-9497 Phone: (772)464-3537 Fax: (772)464-9497 Property Owner Inr"rm.tioß Thi< application will not be con,idered complete without the notarized ,ignature of.1I DrDDerty &wr.ers &f reeord which shall serve as an acknowledgment of the submission of this application for site plan approval. The propeny owner's signature below shall also serve author tion for the above a icanl or agent to act on behalf of said property owner. fro Proptrty Owner Nlme (Picase Print} James I'Butch1l P. TerDenina Phone: (7721464-3537 STATEOffLORiDA COUNTY Of _ c;,.. l -..(~ OffiCE USE ONLY The fDJ'eg.oing instrument was acknow1edged before me this Projec1 Re\-·jewer: d.y of \'J\( ( Cn 7'l. \ DRC Review: .201 . by JQl"rP5. 'P.~\, to me or who has flTOducc;d Approval D.te: as îdenli fic:.tion. Comments: \j\;\\Dac~Jh Si¡;nÐtUT't orNol1l1)l \\ 1f1\nsm t< \C)i:ß~£f) Type or Print Name: of NOlary Ncun¡ Pub1it Tille Commission Number (Seal) Revised February 7, 2007 SlC-Project Number xxx-xxx-xxx Page 33 July 13, 2007 File No. 04-114 -- Creekside Reserve -- Application for Preliminary PUD -- mrl!! ... ~~ .. .. -, St. Lucie County Concurrency Defer!"al Affidavit Fee: 525.00 I, James P. Terpening Name , residing or doing business at 2980 South 25th Street Street . Ft. Pierce City Change in Zoning to PUD Type or Developmenl Order Creekside AdditÎon Name of Proposed Deve10pment FL State 34981 Zip (772) 484-3537 Phone bave applied for a from 51. Lucie COUllty, Florida, 'or the following project: I do hereby affirm that in connection with my application for the above project, I have elected to defer the eertificate of copacity and reservation of capacity in public facilities for the above property until a later time, but no ¡¡ter than the applieatioo for a final development order for tbe same property, I understand and acknowledge that the above listed property will be fub)«1 to the certmcate of capaclly before any final developmenl o.der can be issued, and tbat 51. Lucie Couaty can make no gua..ntee that adequate public faciiities will be available when I appl)' for the final development order. I rurtber ackoowledgelhat·.ecording to Sectioo 5,01,01 oftbe 51. Lucie County Land Developmenf Code, nø final development appr' au be granted unl opacity in tbose faemlies is available at that time, The issuance ofa preliminary development 0 er with ut a certitica f capacity creales no vested or other rights to develop the subject property. Date: ~Z2J Of Signed: State of Florida, Before me, the undersigned 2Uthority personally .ppenrod :rÖ,\1\f' wbe upen being duly sworn, deposes .nd says sworn to and subscribed before me tbís day of..:1J.",. ,2021· ~!f\. \(Q~ß7\- Notary Public ~,h~ ---- My Commission ..pires: '3/ \::j I WIO ~ 4fJ3/0 I July 13, 2007 File No. 04-114 SLC-Project Number xxx-xxx-xxx Page 34 7.01.00 PLANNED UNIT DEVELOPMENT '.01.01 PURPOSE The Planned Unit Development (PUD) District is intended to achieve residential land development óf 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 1he 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 cos1s; C. allow design options that encourage an environment of stable character, compatible with sur- rounding land uses; and D. permit the enhancement of neighborhoods through the preservation of natural features, the pro- vision of underground utilities, and the provision of recreation areas and open space. 7.01.02 AtTTHORIZED 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); ResidentiaVConservation in the Agricultural-1' (AG-1); Agricunural-2.5 (AG., 2.5); Agricultural-5 (AG-5); ResidentiaVConservation (RC); 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, Mulliple-Family-5. (RM-5); Residential, MòbiJe Home-5 (RMH-5); Residential, Multiple-Family-7 (RM-7); Residential, Multlple-Family-9 (RM-9); Residential, Multiple-Family-11 (RM-11); and Residential, Multiple-Famlly-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). . B. NONRESIDENTIAL DEVELOPMENT USES Uses of the types permitted in the. Commercial, Neighborhood (CN) District are also permit,ted up to an amount not to exceed three (3) percent of the gross an~a 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 st;1bles, 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 lTIinimum of five (5) contiguous acres of land under common· ownership or control. B. DENSITY Sl Lucie CO\OII)' Land DweIopmeIll C""" AdDpIecI August 1, 1!J! ( 7-3 RoMsed Through 05fI5I04 .. The maximum possible permitted density of a Planned Unit Development shall not exceed the . density reflected in the Future LantJ Use Maps 01" the Cc?mprehensive Plan. On North and South HUtchinson Islði1èJ, the provisions of Section.3.01;03(AA)(8) shall !¡Jovem. C. AREA, YARD, AND HEIGHT REQUIRE~ENTS· Area, yard,·' and ·height requirements shall be determined .at thè time of Preliminary and Final Development Plan approval, éxcept that for any structurê 011 North or South Hutch~nson Island that has not been occupied, constrocted, or has not received a building permit, site plan or other County develoi>m~nt aWroval 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~ ~UBlIC FACILITIES 1.. The Plannei:JUnif Development shaJI be designedaJidlocated so there will be no net public . ,cost for the provi$ion 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 deten'nined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. . 3. .. The minimÏJm siZe of all water mains used, or intended for use, in fire protectïonactivities, that areioca~ed o~ a dead~end water 'main is eight (8·) inches. Actual waler main requirements will be determined by the St Lucie Courity-Ft. Pierce .Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead eod water main is one (1). 4. Are hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the si. Lucie County-Ft. Pierce Fire Prevention Bureau. E. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every dWelling unit, or.other use permitted in the Planned Unit Development ~hall have access toa public street either directly or through. an awrovedprivate road, a pedestrian way, or other area dedicated to public or private úse. . 2.. Principal vehicular aécess points shall be desïgned- to permit smooth traffic flow with . -~tròlle(Hùming movement and minimum hazarf:1s to vehicular or pedestrian traUic. Minòr štreets wiihin the Planned Unit Development shall not be connected_ to streets outside the development so as to encourage their use by through trpflic. - 3. The proposed Plannød Unit DevelOpment shall be dèsigned so that it will not create traffic congestion on the arterial and coDeetor ròads surrounding:the project, or such surrounding colfeclQi' or arterial roads shall be improved so that they will-not be adversely affected. .' ~ . 4. All non-r~niiallanduses within'the Planned Unit Developffient shall have direct access to a collector or arteñal street without creating traffic hazards or congestion on any street. . Sl Lucie CounI1 UncI Pevelopmenl Code J\dopIed Jiu¡juoa 1, 199Ò 7-4 . - Rø.isød TIIr1>Ugh 05115104 . ,._~ . 5. St~eets' in a PÌanned Ùnii DevelÒpin~nt rñay'~ d~dicaí9d;ia'poblic use ar'retâinåd under private ownership. Said strëèts and ~oëiated ·imp,.avemen1$ shall comply with all pertinent Caumyregulations and ordinances, howev~,variatiol'ls to ,the standàrd minimum right-of-way Widths may be considered. as part .of the plan~ed Unit Development if it is' , , shawnta ¡the satisfaction .of the Board of County CommiSsio....ers. that the requested :värlation' is' consiStent with the Inten~ of the, Caunty's r~dway ~nStrUction. stari~ards and nec9ssaE)' ~ør .the design .of .the 'PlanneðUnit Development; .' All roods'and streets shaJi Interseét'at"an,appr~lma~é :t50·~n9Ie.of nìnetydegrees(9<r) unless circumstances acceptable ta 51. LU'CÎe Caunty in~cate 'a need far" a lesser angle .of intersection. , 6. 7. Street jogs or centerllneaflsetsbetween any local street .or road with, another'laCaI stre¡it :. aqoad,~hanbenolessthanonehundretlfiftyf~t(150). .. . , . " , 8. The Inierseéuon of any two iOCal roods .or slreets with a Major ColleCtor ..or Arterial Ftoadway shall~ separated bya minimum dlstance¡.of six hundred sixty feet (660), as. measured , -Arom centerlineta centerline.. '" 9. Permanent deaiend streetsst'!alJ not exceed .one thousand feet '(1000) in lel'!gth. Cul-da-sacs shall be pr.ovided ai the end .of all. dead end roads .or streets greater than five .;hundredand.one·(501) f~èt in. length. The length .of adead-encJstreet sh,allbe measured jiJong the centerline .of the street from the. iÏ8,J)()lnt .of perpendicular iOtersection with the centerline .of intersecting street ta the end .of the dead-end ."street .or r.oadway. All cukla-sacs shall have a minimum right-af-way diameter .of one hundreçf: (~C?O). feet. . If the dead end raadway is five hundred (500) feet .or lesS in length, a ·Y· .or ·r- type .of turn araund may be approved. . .,' . . If a dead en~ street i~ temporary in nature then ~ temJX?fary cul:'de-sac shall be required unbl the -roadway is connected to an.other street or road. Iii the center .of ths,cuJ..dÐ'-sac .an unpaved Island,.$urrauridéd.þy aCtii'b~il'Qproved with grai;$ and J~rìdscaplng that will ~t:.interter.e with sight distance,;lJlay, be pr.ovided. Center' islar)ds shall haove a. ·~iameter ;of 'not.1ess than ~Yenteen·.(17) feet, l,Inless otherwise appr.oved thraugh the rftview of the Plamed Unit'peveiapinerit_· ~ _ . 10. Alt.roadways,:'exCl\JSÏ.ye 'of:inleri.or. pðrklng_and'acces~~s'es arft~. Jegardless .of 'oWnership, shall be-.loçated a minimum ,of ten (1<!)}eet from;a':lY.:exl~Ó,.or building walls, 'except for security gate h.ouses.or similar security structures IQC8t~d irfa private street .or road right-of-way. . . 11 ~ Any, pedestri~. circulation system and iis relate.d walkways shalL be. InsulatEKi from the yehicular ~tréet ~tem. This shållll1clude.when dèel1)ed.ta be rie~ssary- by th, Board of .' County. cOmmissioners, pedestñan uOdè~es '9i" oVerpa~ès In the vicinity .of playgraundSand.other recreation areas. lócatshóppíng areas, and other neighborhood' _, '. . uses. whid) generate aCOlÌSiderable ,am.ount ofpedestr;ian tra.f,Ic.. .,', ..... Sl Lucie Coony Land 0",,,.....- Code Adopod AIJ tIst,1.1990 . 7-·5 f1!Msød~~~ 12~' ' . AccèsSpointS on all collector or arteriaF streets selVing a:Plðnned Unit Development shall be located and spaced so that traffic moving into and out of the' arterial streets do not cause. traffic congestion. ¡:::. PARKING AND LÚADING , , 1. General Provisions a. The number, type, and location of parking ~paces shall be determined at the time of final Planned Unit Development plan approval. The determination of the number , Óf 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 redueedbasedon 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. " Reserv"edparking 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 govemed 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 ~e screened from adjaCent roads and . ¡Pedestrian walKways with hedges, deri~éplanting, or c~anges in grad~~ or walls. 3. ' On Street Parking In Planned Unit Developments, on street parking may be used so long as the road on which the 6n~street parking is proposed lies entirely within the limits of the defined Planned Unit : Development and such parkingwOlJld'not contravene any other'provision of thi~ Code or" . , thé'St~ 1.oole County Coqe of Ordinances. Where suCh on street parking and loading is .". ,." ~s8d, it shaJlbe consistent with the following design,standards: ~ - . . .:.:_~ r- '. , . a. The minimum size of a .parking stall shall be ås follows: .' ".' parallel angled ". '. ... ' : handicappeq(parallel) ",'," "h~ndicapped(~ngled) 8 feet X 23 feet . 10·feet X '16 fèet 12 feet X '23 feet· 12 feet X 18 feet . . ~~...: .~''F ~ ~ c_ . .' 'b. : . "Hàndicapped parking spaces shall be appropÒately marked. .1 ~.' . . C. Access for emergency fire vehicles shall be in'-accordãnce with NFP A standards. St. Lur:i. ÇounIy ~ .Dw.lopmonl Code ÀdåþIlKlAuþu5r1.199O 7-6 . ~.o;: . RøV;sed iIwough t)SI1!iJD4' .',,,.,., d,; .. No mOre than fifteen (15) pãrking spaces sh.all be perrnitted in·a continuous rOw w1thout being interrupted by a minimum landscape ~rea of 300. square feet. G. LIGHTING All lighting facilities shalt be arranged in such a manner so as to prevent 'direct glare or hazardous interference of any kind to adjoining streets or properties. H. lANDSCAPING AND,. NATURAL F~TURES . ..... " "'-:" 1.: ..NaflVe ,trees~nd~vegetation åndother natural features.sh~l¡'bèpreserved to the extent pfactk:í:IDle, . . . .. . . . ' ' , . 2. ÅII se~ìtive environr;nèntål:vegetåtion, b-eesand areðS.~haU:,~ 'preserved to the extent practicable. . " . . ; . . :}. landscapir)gf()r off-s\l'eet parking and loading areas sball.mê~t the minim,um requirements . of Section 7.09.00. . I. OPEN SPACE STANDARDS 1. A Planned !Jnit Development that is prppo~din .any Resi~el"!tla~ .çonservatlon, Special District or Mixed Use Future Land Use ·(?atÐg(>ry shall conform to the following open space . standards: a A minimum. of .thirty~five (35) Percent of the grp~ area 0' land to Þe committed to a Planned Unit DeveJoprnentmust ~ for use as corrimoö open space; which may . ÎncJüde, parks~ recreation .areas~ bicycle and peØe~~ian paths and facilities, marinas, swimming,beaches, common Qp'en space, oommon landscaping an~ planting areas, or other areas of public purposes or use other than street, road·or drainage rights-of-way, above ground utilities, excluding stormwater tJ:eatment facilities, and parking areas. ~ '. " . _ ,j . , ' " _ _ ,. " " . t _ f : " A minimum of 15 percent of any existingnativa upland h,abjt~t on thè property must be þreSêi',Ve(nnits·~tùralcòridition.asPárt òf ttiè·reqlJire~.35 percent ~mon open spaçe. For- eam acr~ of. preserved natiVè· Mb!t~habovetherequired minimum 15 per,,~nt that is prese.rv.ed inils original state"credit shall be given at a rate of 150 percent per acre towards the remaining common open space requiæment.....·,. .;,., AII~r,eas to be:dedlcated for common open space: shall be identified as part of the. Preliminary Development Plan for the Planned Unit D8v.elopment. Areas that are· floodways. låkes, wetlands, and stormwater retentioi1· areas may be applied to satisfy the total common open space reqùirement. ·sµbject to the requirement that 15% of any e:idsting native' habitat on the properiÿ must be included as part of the. required .:3!;i% common "ope.n .space. . ~spart .01 ,.the An~1 Planned Un!t D.evelopmentsubmission process, the developer or petitioner for the Planned Umt peveJopment shall prOVid9,~Q1 one of the following: ., ~ - ._, .-. 51. Lucie CaunIy l.ancI D<MIIopmenl Code AdopIed Augœt 1. 1990· 7-7 ~~~~ 1. The advance dedication of all common open space to a publi~ 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 cleañng, for any portion of the Planned Unit Development ;or, 2. A phase(fconveyance of the land to a public or acceptable private agency· that will, upon aèceptance, agree to maintain the common open space ànd 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 spécific condition of approval for the Planned Unit Development. b. No parcel of land identified for use as a park or common open space.shall be less than one (1) contiguous acre, and aU such areas shall be physically part of the Planned Unit Development. c. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, pròvided that the common. open space meets the requirements of this Code. 2. A Planned Unit Development that is proposed in any Agri.cultural Future Land Use Category shall conform to the following open space standards: ... a. For any Planned Unit Development, equal to or less than 160 acre.s in gross area and involving eight (8) or less lots or parcels, a minimum of 50% of the gross land area tl? be committed to the planned unit development must be for use as open space, of which 35% of the gross land area is to be retained as common open space. For the purpose of this paragraph, open space, in an agricultural PUD, including the required common open space, may include, parks, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common recreation areas, common open space, common landscaping and planting areas, pastures and productive agricultural areas which may be held in either commo~ interest, individual interest, or other areas of public purpose or use other than street, road" . or drainage rights-of-way, common parking .areas and above ground utilities, excluding stormwater treatment facilities. . . For any Planned Unit Development, greater 160 acres in gross area or eight (8) divisions, a minimum of 80% of the gross land area to be committed to the planned unit development must be for use as open space, of which a minimum of 35% of the gross land area is to be retained' as common open space which may include, parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swim- ming beaches, common open space, common landscaping and planting areas,.or other areas of public purpose ·or use other than street, road or drainage rights-of-way, above ground utUities, exCluding stormwater treatment facilities, and parking areas. 51. luâe COUIIyI.arMl DonrøIopmønI Code ~ August " 1990 7.8 Rwised ThroU )II 05115104 b. A minimum of fifty (50) percent ofahy existing native uplðnd habitat on the property, must be preserved in its natural condition as part of the required open space~· For each acre of preserved native habitat above the required minimum 50 percent that is preserved in its original state, credit shan be given at a rate of 150 peréent per acre t9wards the remaining open space requirement. .. c. AU areas to be dedicated for open space 'sl:)all ~:identified as part of the PreJirriin·ary Development Plan for the Planned Unit Development. . Area~ that are floodways, lakès, wetlands, and stormwate'r ,rètention areas may be applied to satisfy the total open space requirement, subject to the requirement that 50% of any existing native habitat on the property must be included as part of the required .. 800"'" open space. As part of the Fina] Planned Unit Development submission process, the developer or pe'itioner for the Planned Unit Development shall p~ovlde frr one of the following: 1. The advance dedication of all: open space to a public, or acceptable private, agency: ,that will, upon acceptance, agree to maintain the open' space and any buildings, structures. or Improvements that have been . ·plated on it~ All such dedications or conveyances shall becornpleted prior to'theissuance of any building. permits, including land clearing, for any portion ()f the Planned Unit Development'; or, 2. A phased conveyance öf the land to a public or acceptable private agency . u that will, upÐn acceptance,. agree to maintain the open space and any· buildings, structures orlmpròvements that have been· ptaced on it. The schedule for the phased conveyance of any s~ch landst9 be used for open· . space shall be a specific condition of approval for the Planned Unit Development; or, 3. The identification of restrictive· easement· or plat dedication that would serve to create a perpøtual cònservation or use restriction easement over thpse portions of the properties that are to be kept as open space meeting the requirements of this section . .. ., d.· No parcel of landidentifietHór,use ~~ao )E!n space.sl1all be less than one (1) contigùous acrè, and all such areas ,shall be physically part of the Planned Unit . Development . ..... e. Areas provided.or reserved to ·meet any other environmental preservation or protection requirement of this code or other lawhJ regµlatory authority may be counted towards the overall open space requirement, provided that the j)pen . space meets the requirements of this Cdde. .. , J. . SETBACKS FRQMAGRICULTURAL LAND Planned Unit Develop,,"ents adjacent. to laöd used for agricultural purposes, or designated fot .- agricultural use on the Future Land Use Map of the St. Lucie County'Comprehenslve Plan, shall ,.. providè'setbàcks from the agricultural land sufficient to protect the function and operation of thosé uses fron"the encroachment of Urban activities or uses. " .' Sll1Jcie ~ Land DøwIopmør¡I Code ~ ^"vúst " 1990 . 7-9 .". , FIøvIsed Through D5f15104 K~ CLU.STERING OF DEVELOPMENT Pla~ned Unit'Developments in all, Future Land Use Caiegories are required to design'the project in ,a dustered manner. , . Planned Unit Developments in thé R.esidentiàl. Conservation; Special District or Mixed Use Future· . Land Use Categories are required tb design Uile prOject in a c!uslered manner that will reduce ttie cost of required infrastructUre~,provide for large Inlergrated common Qpen space areas, and provide for reduced IOOg lerm mainlenancecosls for the community,;; , In lhe AgricultUral land Use Catøgories ~ustered developm~t is 'intendec:Ho reduce the cost of " required publicinfrastruqture. " L PHASING , L A Planned Unit Development maybe developed in more tt)an öne stage or phase. ' .. . . . . . , 2. If a Final Dévelöpment Site Plan approve~ byth~ Bo~rd of County Commissioners is to be develÒped instagesorphaSes~ each suçces~ive phase shall be ~onstructed and developed in a reasonably continuous fashion. No more ttaan two (2) years shall elapse between the completion 0' 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 subjèct 10 approval by .the Board of County Commissioners. Unless otherwise amended l>ythe Board of County, .commissioners through the Final Development SitePlan-reYiew··process, thefollowihg sequence of development must be .' 'adhered to: a. One or more major recreation facilities ané other major amenities, planned to serve the entire devel6pment, shall be completed oradequate security posted prior to the. . issuance of boilding or mbbilehOl1)e permits.of more thanlorty (40) percent, or ., other percentage', as detéi11íined by the ·Board to be appropriate based on circumstances. . that include the size p' the· ·project and the proposed phasing schedule, of the total number of authQrized. dwelling units. Recrealion facilities or facilities and öther amenities plátlned töserve,ooe (1) phaseD' a multi-phåsed develÒprrient 'Shall·bØ C()O'Jpt~fèd or appropriate'$ecurity post~dprior 10 issuance 0' building or mobile.: home. pennits or the recQrding of any final plat within thç¡t phase. . b. " No commercial facility shallbEJ petmihed pri<?f'to the completion of at least forty (40) I,percènl óf the tolal numbØro,aòthørized dWelling ~ni~;,and, c. For Planned Unit DeveloPmEtnts to be constr~cted 'i~' st~ges or phases, the net density of an individual stage or phase may vary,fromthe approvèd Hnal Site Plan subject 10 the requirements in Section 11.02.05. M. SIGNS ! . '. .. . .or ' .1.. . . .! ..:... '.' . Signs within any Planned unit Deyelopmenl,less than orequalt~200acre~jn overall area, shall comply with the provisions of Chapter 9 of·Utis code, provided hO~8;ve¡', ttml the Board st.l.uà. CounIy Land [)g,.....,..,_ Cede AdoI>Iud August 1. 1990 7 -10 ~8,f,);ió.,g1Ì ì15n5..-04 . of County Commissioners may condition approval 01 a Planned Unit DeveloPment upon compflance with more stringent sign regulations in order to ensure 'design consistency throughout the proposed development, to ensure compatibility with surrounding land uses. to ensure public safety and prevent public harm. and to ensure compliance with the St. Lucie CountY Comprehensive Plan. 2. Signs within any Planned Unit Development, greater than 200 acres in overall area may. sobmit a generalslgnage'plan for the Pianned Unit DevelopÏnent, as part of the Final Planned Unit Development Plan submissions. The general signage plan shall be based on the general cimenslon and size standard$ applicable to .other similarly designated residential property; provided, however. that the Board of County Commissioners may. condition approval of a Planned Unit Development upon compliance with more stringent sign regulations In order to ensure design Consistency ·throughout the proposéd ðevelopment, to ensure compatibïnty with surrounding land uses. to ensure public safety and prevent public hann. and to ensure ·compliance with the SI. Lucie County Comprehensive Plan. . ... 7:" '.-#" .......... . -'... .-. - ".'---".. ." '- .----- .. ,'. .- SL Lucie CcuIIJ land DøweI~ Code AdO >Ied August 1, 1990 . 7-11 ""-''''1': .... . '; .-.' .i . . .. . RevIsed TtvouÌIh Q!i/l5Io4 GROWTH MANAGEMENl BOARD OF COUNTY COMMISSIONERS e.>G·· ·.II·e···· ·.,e,.e'·>·....··:~1.·· }e·.,>·T.·%' L··eJ··e;·e I·E"'····· " ..ecC.e.e COUNTY'#, FLORIDA' August 3, 2007 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 USA In accordance with the S1. Lucie County Land Development Code, you are hereby advised that Preferred Properties of St. Lucie, LLC has petitioned St. Lucie County for a Change in Zoning to grant Preliminary Planned Unit Development Site Plan Approval for a 40 single family residential lot subdivision on 81.938 acres for a project to be known as Creekside Reserve - POO, for the following described Property: Location: Located on the south side of Okeechobee Road (S.R. 70) just west of the Ft. Pierce Turnpike Interchange, approximately one mile west of Gordy Road, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside POO, and adjoins the South Florida Water Management Districts water attenuation facility to the east. LEGAL DESCRIPTION: That portion of the Southwest quarter of the Southwest quarter of Section 27, Township 35 South, Range 39 East, St. Lucie County, Florida, lying South and East of the following described line: Begin at a point 52 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 27; thence run South 00°42'20" West, on a line parallel to the Section line and 52 feet east thereof, a distance of 420.10 feet; thence South 29°48'25" East, 84.45 feet; thence South 48°31'15" East, 93.71 feet, thence North 89°00'05" East, 399.31 feet; thence South 75°01'30" East, 436.70 feet; thence North 47°47'45" East, 446.34 feet to a point the on East line of, and 349.06 feet South of the Northeast corner of the aforesaid Southwest quarter of the Southwest quarter of said Section 27. Less canal right-of-way as recorded in OR Book 164, Page 2391 of the Public Records of the St. Lucie County, Florida. The Northwest quarter of the Northwest quarter of Section 34, Township 35 South, Range 39 East, St. Lucie County, Florida, Together with the West 60 feet of the South 60 feet of the Northeast quarter of the Northwest quarter of said Section 34, Less the East 25 feet of the North 309.58 feet of the South 956.88 feet of the Northwest quarter of the Northwest quarter of said Section 34, Further Less canal right-of-way. The East half of the Northeast quarter of the Northeast quarter of Section 33, Township 35 South, Range 39 East, St. Lucie County, Florida. The Planning and Zoning Commission public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Thursday, August 16, 2007, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing( s). We encourage you to speak at these public hearings, or provide ",'Titten comments for the record. JOSEPH E. SMITH, District No. I . DOUG COW ARD, District No.2. PAULA A. LEWIS, District No.3. CHARLES GRANDE, District No.4 . CHRIS CRAFT, DislTict No.5 County Administrator - Douglas M. Anderson Website: www.co.st-Iucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GISrrechnical Services: (772) 462-2822 FAX: (772) 462-1581 Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344-TGIF FAX: (772) 462-2132 The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to ¡¡ppeaI any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such pmpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-2822 ¡fyou have any questions, and refer to: File Number: PUD-420071099 Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION Bill Hearn, Chairman Form No. 07-12 ~ SieD Up Request Date Sent: July 31,2007 Attention: James Beams Sign # \\Q~ Sign to be Installed by Sign Technicians before: August 2, 2007 OR Sign to be ready for pick up before: Please return signed and dated original to Deanna Givens (ext. 6426) at Growth Management. Thank you. S1. Lucie County Affidavit of Public Notice I, -A ¡J J)~ K O.ð t.L , do hereby certify that as Agent for the S1. Lucie County Board of Commissioners on the following described property: South side of Okeechobee Rd (SR 70). 1.5 miles west of Gordy Road I did on Þ ilIA J notice: , 2007 erect in a conspicuous place on this property the following PUBLIC NOTICE Public Hearing for Application of Preferred Properties of St. Lucie. LLC for a Prelimlnarv Planned Unit DeveloDment (PUD) site plan approval consisting of 40 sinale famllv residential lot subdivision for the proiect to be known as Creekside Reserve to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on AUQust 16. 2007 @ 6 PM before the Planning and Zoning Commission and on XXX. 2007 @ 6 PM before the Board of County Commissioners. PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE PLANNING DIVISION. '" t IbS 2.~7 Date Form No, 07-13 1"áJ_= ~I§II§~ ~ ~ ~I~~~I¡~ ~;~ ~II~'~ ~I¡~I~I;~I~:I~~¡~'I!~ ~ o O.O!O N "" OJIN N..... .....1"" OJ OJ "" N N N N.þ. ..... .....it..... !t g glg'g ~ = gl~ ~ = =I~ g g ~ =I~ ~1~I~w N'O[~ c- 000000000,001000'000000000'0 000000000,0000010001000000'10 000000000,001000001000001000 OOOO....Jr. -I>. 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NOTIC.E OF PROPOSED PRELIMINARY PLANNED UNIT DEVELOPMENT REZONING CHANGE The St. Lucie CounlyPlanning and Zoning Commission is scheduled 10 review and mal recommendations regarding the fOllowing lIempelitioned by Iheapplicant for adoption þy Ihe Board, County Commissioners of St. Lucie County, Florida, by resolution. . RESOLUTION. NO. 07·241 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FlORIDJ GRANTING PRELIMINARY PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR A ~ S.INGLE FAMILY RESIDENTIAL LOT SUBDIVISION ON 81.938 ACRES FOR A PROJECT TO B KNOWN AS CRE(:KSIDE RESERV(:-PUD LOCATED ON THE SOUTH SIDE OF OKEECHOBE ROAD,APPROXIMATELYLS MILES WEST OF GORDY ROAD IN ST. LUCIE COUNTY, FLORID) PROVIDING FORDEl'ERMINATIONS;PROVIDING FOR APPROVAL SU~ECT TO CONDITION~ PROVIDED FOR DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMEN OF CONDITIONS; AND PROVIDING .FOR A RECORD FILE LOCATION. APpLIC~NT: Preferred Properties~' St. Lucie~ LLC LEGAL DESCRIPTION: 2327-333-0000-000/3 Tbatportion of the Southwest quarter of the Southwest quarter of Section. 27, Township 3 SoutnlRanse .39 East, St. LucieCoimty, Florida, IYingS.outh and East of the. followln descrloed line: Begin at a point S2 feet . East of tne Northwest corner of the Southwes qUli!rter of the. Southwest quarter of said Section 27; thence run South 00 Degrees 42'20 West, on a Hne parallel to the .Section Hne and 52 feet 'last thereof, adistance'of 420.1' feet¡ thence South 29. Degrees 48'Zs· East, 84.45 feet; thence. South 48 Degrees 31'15 East, 93.71 feet thence ~orth89· Degrees 00'05· East, 399.31 feet; thence South 7 Desrees 01'30· East, 436.70 feet· thence North 47 Degrees 47'45· East, 446.34 filet to pØ... mt.the on East. line of, and 34~.0.6 feet South of. the Northeast corner O.fth.e a.foresai Southwest ~uarter of the Southwest quarter of said Section 27. Less canal right-of-way a recorded in OR Book 164, Page 2391 of the Public Records of the St. Lucie County, Florida. Z334~220-o00o-000/8: . . . .. . . . . The.Nòrthwest. quart. er of t.h.e Northwest q.u.. arter of Section.3. 4,'TO. wnship 3s.S.Quth¡ Range 3! East. St. Lucie County Florida, Together with the West 60 feet of the. South 60 reet of th Northeast quarter of the Northwest C\uartér of said Section 34, Less the East 25 feet of th North 309.58 feet of the South 956.88 feet of the 'Northwest quarter of the NOrthwes guarter of said Secti6n 34, Further Less canal right-of-Way. '. 233.3-111-0000-000/0: '. The.E. ast. half of th. e Northeast quarter of the Northeast quarter of Sectiøn 33, Township 3~ South, Range 39 East,St~ Lucie County, Florida.. . LOCATION: Located on the south side ofOkeechobee Road CS.R. 70) just west of th. Ft. Pierce Turnpike Interchange, approximately one mile. west of Gordy Roaö, the Creeksidl Reserve property is contiguous to the southwest corner of the approved Creekside PUD, anI adjoins the South Florida Water Management Districts water ntenuationfacility to the east. ~ ~¡I 1. x c< ~ . ~ Ai unshine State ParlCWaY --, t ij I' al (Belcher Canal) ~' Q::; iii' "0: Æ &¡ " .' ~, :i :1:: The Planning and Zoning Commission PUBLIC HEARING on this item will be held in the Commission Chamber: Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort PiercE Florida on Thursday. Auaust 16 2007. beginning at 6:00 P.M. or as soon thereafter as possible. All interested persons will be given an opportunity to be heard. Written comments received in advance of th public hearing will aiso be considered. Written comments to the Planning and Zoning Commission should b received by the Growth Management Department . Planning Division at least 3 days prior to the schedule hearing. The petition file is available for review àt the Growth Management Department offices located at 230 Virginia Avenue, 2nd Floor, Fort Pierce, Florida. Please call 7721462-2822 if you have any questions or requir additional information. ' The St. Lucie County PI¡fnning and Zoning Commission has the power to review and recommend to the St. Luci County Board of County Commissioners, for approval or disapproval, any applications Within their area c responsibility. The proceedings of the Planning and Zoning Commission are electronically recordèd. PURSUANT TO Sectial 286.0105 Florida Statutes if a person decides 10 appeal any decision made by the Planning and Zonin, ~ommiSSion with respect to any matter considered at a meeting or hearing, he or she will need a record of th, proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings i ade, which record includes the testimony and evidence upon which the appeal is to be based. Upon th, request of any party to the proceeding, individuals testifying, during a hearing will be sworn in. Any party to th, proceeding will be granted an opportunity to cross-examine any individual teslifying during a hearing Upol ,request. If it becomes necessary, a public hearing may be continued to a date-certain. I Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie Count Community Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 77~ 462·1428. PLANNING AND ZONING COMMISSIONI LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA ISIBILL HEARN, CHAIRMAN PUBLISH DATE: AUGUST 6,2007 _. ~~.H~~lilijJÆ.ü l1:iü m'JIl [ i;l ~ t'age 1 or L Dawn Milone - creekside reserve legal descriptions mID: -'1 m~ivln ìIT ~m W IT: mY:: 1 ~ :æ!'TM 1fT~rumTI f¡ fm~~~ mm¡rn iT ~¡¡¡:~)~n~IT ""<,.~ !J ~ From: To: Date: Subject: "Dennis Murphy" <dmurphy@ct-eng.com> "Linda Pendarvis" <lindap@stlucieco,gov>, "Joyce Braun" <JoyceB@stlucieco,gov> 8/1/20074:02 PM creekside reserve legal descriptions ~"""""____,""_""_~,,,,",,_~-,_,,,~~~~,~,~~,^,~~~~~,_,~,,,~~~,,~,_~_,,_,~-"-__'~··~"_~_'_-C.~T·'"~""=""YX"'>'''''''''''_·",,"'''~~''"''~--'-'_"_~'"~'''_~~.".""_~,""",_,_~,._.y""",._·.~·~~.·,,,",~·,,..~,,",_.,,,,,,,",,,",^,,,,"~." Attached is updated legal description of Creekside Reserve. Joyce, I have already prepared shape ftIes and property owner lists, want them? *********************************** Located on the south side of Okeechobee Road (S.R. 70) just west of the Ft. Pierce Turnpike Interchange, the Creekside Reserve property is contiguous to the southwest corner of the approved Creekside PUD, and adjoins the South Florida Water Management Districts water attenuation facility to the east. 2327-333-0000-000/3: That portion of the Southwest quarter of the Southwest quarter of Section 27, Township 35 South, Range 39 East, St, Lucie County, Florida, lying South and East of the following described line: Begin at a point 52 feet East of the Northwest corner of the Southwest quarter of the Southwest quarter of said Section 27: thence run South 00°42'20" West, on a line parallel to the Section line and 52 feet east thereof, a distance of 420.10 feet; thence South 29°48'25" East, 84.45 feet; thence South 48°31'15" East, 93.71 feet, thence North 89°00'05" East, 399.31 feet; thence South 75°01'30" East, 436.70 feet; thence North 47°47'45" East, 446.34 feet to a point the on East line of, and 349,06 feet South of the Northeast corner of the aforesaid Southwest quarter of the Southwest quarter of said Section 27, Less canal right-of- way as recorded in OR Book 164, Page 2391 of the Public Records of the St. Lucie County, Florida. 2334-220-0000-000/8: The Northwest quarter of the Northwest quarter of Section 34, Township 35 South, Range 39 East, St, Lucie County, Florida, Together with the West 60 feet of the South 60 feet of the Northeast quarter of the Northwest quarter of said Section 34, Less the East 25 feet of the North 309,58 feet of the South 956.88 feet of the Northwest quarter of the Northwest quarter of said Section 34, Further Less canal right-of-way. 2333-111-0000-000/0: The East half of the Northeast quarter of the Northeast quarter of Section 33, Township 35 South, Range 39 East, St, Lucie County, Florida. file://C:\ TEMP\GW} 0000 1.HTM 8/7/2007 Page 2 of2 Dennis J. Murphy, AICP Senior Project Manager Culpepper & Terperung, Inc. Consulting Engineers and Land Surveyors 2980 South 25th Street Ft, Pierce, Florida 34981 (772) 464-3537 dmurphy@ct-eng.com file://C:\TEMP\GW}OOOOI.HTM 8/7/2007 Development Review Committee , GROWTH MANAGEMENT DEPARTMENT . Planning Division . . - MEMORANDUM TO: REVIEWERS OF DEVELOPMENT PROJECTS PROJECT NUMBER: PUD 420071099 FROM: LINDA PENDARVIS PROJECT TYPE: PLAN UNIT DEVELOPMENT PROJECT NAME: CREEKSIDE ADDITION WILLIAM'S PARCEL APPROVAL PATH: BOCC Note: The Growth Management Department will be given all the DRC members copies of all new project applications and supporting documents. Please make comments to the projects in your area. The projects that are not in your area is for awareness of what is going on in SI. Lucie County. TRANSMrrTEDMATERIAI- .. Included Application y Contact Person y SUBMITTAL DATE: 03/28/07 Legal Description y NOT COMPLETE DATE: Location Sketch y RESPONSE DATE: Aerial Photograph Y RESPONSE DATE: Topographic Survey y RESPONSE DATE: Boundary Survey y Existing Condition Plan (on survey) N APP COMPLETE DATE: Project Site Plan Y TRANSMITTAL DATE: 04/02/07 Traffic Impact Report or Study N Environment Report Y Review Comment I 04/27/07 Landscape Plan y Due Date: Tree Survey Y Mitigation Plans N STAFF ONLY MEETING: 5/312007 Construction Plans N Preliminary Paving Plans N TENTATIVE Preliminary Drainage Plans Y DRC MEETING - Preliminary Utility Plans Y IF NEEDED: 5/2412007 Architectural/ Elevations N Statement of Planning Objectives (PUD)(Zoning) Y Preliminary Plat N Tránsmitial Ma.sterList Other 1 CD OF LEGAL IN ORGINAL FILE Y ; .<......... ,ii..· ····i¡i. Included (,.... i.·. .··i(· i··.(·'·(i(...¡··...·. Included Environmental Resources Department - Amv Molt Y School Board of St Lucie County - Martv Sanders Y Surveyor - Ron Harris Y Road, Bridge & Transportion Debra Spivey y _..:(....i .....«(...!. Stormwater Management - Michael Halter Y St Lucie Countv Utilitv Deoartment Laurie Case y General Engineering - John Frank Y Airport Authoritv - Diana Lewis Y Zoning Supervisor - Pauia Bushby Y Mosauito Control - Jim David y Health Department - Jim Moses Y Prop Acauisition - JoAnn Riiey y City of Ft Pierce - MarQolta/Buchwald Y Parks and Recreation - Debra Brisson Y City of Port St Lucie - Cheryl Friend y Community Services (Transit) - Sebastian Gomez Y Ft Pierce Util Auth - WaterlWastewaterlEnaineerina y Sheriffs Office - Maior Michael Monahan Y Education and Research AuthorltVDick Kennedv' Y St Lucie County Fire District - Captain Derek Foxx Y Ft Pierce Farms Water Control District - Ray Garcia N ...¡.:......:. ....\....( i,~ ;c .: Y North St Lucie Water Control District - Rav Garcia Y Plannino Manaaer N Property Appraiser's Office - Jocelvn Bovce Y Andrew Riddle Y IFAS - Jeffrey Gellermann y Planner Y ¡ ¡ .~.'~.~.'.'.'.'~~"..~.~~~.'; 1~};G/·~···.'ff~ii;';:if=~~. GROWTH MANAGEMENT DEPARTMENT Planning MEMORANDUM TO: THROUGH: Board of County Commissioners Mark Satterlee, Growth Management Director Kristin Tetsworth, Planning Manager FROM: DATE: Linda Pendarvis September 11, 2007 SUBJECT: Aoenda Item 5C for September 18, 2007 Board of County Commission Meeting. Agenda Item 5C is the Petition of Preferred Properties of St. Lucie, LLC, requesting Preliminary PUD (Planned Unit Development) Site Plan approval for a 40 single family residential lot subdivision on 81.9-acre tract of land to be developed as the Creekside Reserve for property located on the south side of Okeechobee Road, approximately 1.5 miles west of Gordy Road, southwest of the Creekside PUD. (Resolution No. 07-241) The Growth Management staff will be presenting the proposed development to the September 18, 2007, Board of County Commission meeting. Attached are copies of the Preliminary Planned Unit Development Site Plan to be known as Creekside Reserve for your review. Please let me know if you have any questions. \ -- lap cc: File (F CULPEPPER & TERPENING, INC CONSULTING ENGINEERS LAND SURVEYORS Sender's Email: bblazak@ct-eng.com September 10, 2007 Project 04-114 VIA: HAND DELIVER Ms. Linda Pendarvis St. Lucie County Growth Management Department 2300 Virginia Avenue Ft. Pierce, Florida 34982 RE: Creekside Addition - Williams/Reserve Dear Ms. Pendarvis: Per your request, enclosed is the following information for the Creekside Addition project: · 24 sets (11 "x 17') Creekside Reserve Plans · 24 Copies (24" x 36") Preliminary PUD Site Plans · 5 sets (24"x 36") Creekside Reserve Plans Please feel free to contact our office if any additional information is needed. Sincerely, NING, INC. WB:pw Endosures .J.. " - ~. . -- B ~ :01 V I ¡ d3S lnnl a::¡¡ g '9.-·-,¡p . .;;¡¡¡\L:h).:;H:i C:\DOCUME-I\PWILLI-I\LOCALS-1\Tcmp\ELFDC\04-1 14 SLC Growth, 018, Pendarvis, Willi.ms-Reserve Plans.doc A LEGACY OF EXPERTISE: AND EXCELLENCE 2980 SOUTH 25TH STREET FT. PIE R C E, F L 3498 I (772) 464-3537 FAX: (772) 464~9497 AGENDA REQUEST ITEM NO. RA1 TO: BOARD OF COUNTY COMMISSIONERS DATE: September 18, 2007 REGULAR [xx] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Florida Communities Trust Hackberry Hammock / FCT Project 05-069-FF5 Option Agreement for Sale and Purchase Grimes/Langel- Tax I.D, No. 3229-341-0001-000-7 BACKGROUND: Please see an attached memorandum FUNDS A V AILABLE: Funds will be made available in: 382-3915-561000-3116 (Environmental Lands Capital Fund) PREVIOUS ACTION: May 3, 2005 - Board of County Commission authorized staff to submit a Grant Application to Florida Communities Trust for the Hackberry Hammock project. October 25, 2005 - Board of County Commission authorized the Chairman to execute and transmit the Grant Contract to Florida Communities Trust, February 14, 2006 - Board of County Commissioners approved the Contract for Sale and Purchase of the Kelly parcels. December 5, 2006 - Board of County Commissioners approved the Option Agreement for the donation of a parcel owned by Riverview Developers, LC and Royal Professional Builders, Inc, May 8, 2007 - Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Comer parcel. RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Sale and Purchase of the Grimes/Langel parcel for $540,000.00 as shown in pink on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. [>i APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 5-0 Motion to include that na additional dollars will be needed or used. [XX] County Attorney: q 4/~ Jrr,R.. Review and Approvals [XX] Environmental Resources\}"~ ] County Engineer: [XX] Originating Dept.: [ ] Grants/Disaster Recovery: ] OMS: G: \ACQ \ WP\J oAnn \Environmental\Hackberry Hammock\Gri mes-Langel\Agenda RequestZ.wpd INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 18,2007 SUBJECT: Florida Communities Trust Hackberry Hammock / FCT Project 05-069-FF5 Option Agreement for Sale and Purchase Grimes/Langel- Tax I.D. No, 3229-341-0001-000-7 BACKGROUND: On May 3, 2005, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust for the Hockberry Hammock project, On October 25, 2005, the Board of County Commissioners approved the Grant Contract with Florida Communities Trust (FCT) for the purchase of the Hackberry Hammock project, The Grant Contract provides 39.12"1. of the project costs, The remaining 60,88"1. of the cost to acquire the parcels will be provided from the value of a 18 +/- acre parcel of land donated by a landowner within the Hackberry Hammock project, On February 14, 2006, the Board of County Commissioners approved the Contract for Sale and Purchase of the Kelly parcels. On December 5, 2006, the Board of County Commissioners approved the Option Agreement for the donation of a 18,375 acre parcel owned by Riverview Developers, LC and Royal Professianal Builders, Inc, On May 8, 2007, the Board of County Commissioners approved the Option Agreement for Sale and Purchase of the Comer parcel. We have attached an Option Agreement with Timothy Grimes and John Langel with a proposed purchase price of $540.000.00, for your review and approval. Florida Communities Trust will pay 39.12"1. of the purchase price ($211,248.00), The 20.39 acre tract parcel contains 2 acres of prairie Hammock (cabbage palm, laurel oak and live oak) which may contain a native American mound, 1 ac of depression marsh (sawgrass, fireflag and maidencane) an 6 acres of wet prairie (madencane, sedges and rushes). The remainder of the site is primarily bahia pasture, The purchase price is based upon appraisals performed by Daniel D, Fuller, MAr and Daniel D, Deighan, MAr, the County's independent appraisers and approved by Florida Communities Trust Review Appraiser, James r. Miller, MAr, SR/WA, Dan Fuller concluded the highest and best use of the parcel is one residential ranchette site. Dan Deighan concluded the highest and best USe is for residential development, James Miller during his review stated the highest and best use is to develop with from one to four residential tracts, RECOMMENDATION: Staff recommends that the Board approve the Option Agreement for Sale and Purchase of the Grimes/Langel parcel for $540,000.00 as shown in pink on the attached map, authorize the Chairman to execute the Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida, Respectfully submitted, L~ ~ Ann Riley Property Acquisition Manager G: \ACQ \ WP\J oA nn \Environmental\Hackberry Hammock \Gri mes-Langel\Agenda Memo 2.wpd ~ II! II! .. ~ J2 ~ ;ä d! 0 I ~ t .ê ií .. .. .'5 £ ~ 0- .. Cd .. :¡ E 1 1 j .. ~~ == ~.! E ~ IS 0:: 0:: acl:: ~.2',,:_ë ~- C'c- <:9 000 ~.Q '" =>'g~l5~8. t¡ <:<:-" \s """ .. '" Ææ~~8. ~.2~ ~IJ Q $.c '" ~ gl! ¡ '" ts2'~..t\j ~~ '( $.c i5'..1! 9l... ..S!. ~ ij ij ~ ij ~ .... ~~~ ~. CD&:; ~ 8 8 8 ~ 02' ~8 ~~ ,.Q f.110011 h II~ ij~ ij~ ij¡ ~j ~~~ t~ 8~ ~ii ~ ~~ ~2:0 ~~ . ~~ ~~.. ~ ~o ~- "'~ ~.2: Pi;=:2: . ,0 ,~ . C). "'0:: ...."'0:.:0 Cd f;1r; ~'"~ r1 f~ d>~~ åi~ f;1 J ~ " .. r1~~~ == "'ðe: f;1 · '" æ ~ð~ "'ð~ f;1 .... ~ ð~ . Iß .~cS ci ~ . cO <. cO o ..; o ~ uj . ::t: ~ -~ "' , . " " ~ "' " .. . ... il r ... 11 Ii! ... .-' ~ ~ .. o " ."..... . ;;) . ;'" ~ ;;; Southeast Appraisal Group James I. Miller, MAl, SRNVA Real Estate Appraiser - Litigation - Economist e-mail: seapgrp@aoi.com February 3, 2006 Ms, Caroline C. Sutton{ Community Program Administrator Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Re: Appraisal Review FCT Project No. FCT Project Name: County Location: FCT Grant Recipient: 05-069-FF5 Hackberry Hammock St. Lucie County St. Lucie County Dear Ms, Sutton: Enclosed herewith please find the review of the appraisal reports on two (2) parcels within the Hackberry Hammock Project as outlined above. Parcel 1 is owned by Alexandra Z. Comer and Parcel 2 is owned by Timothy K. Grimes and John V. Langel. There are two (2) appraisals on these properties prepared by Daniel K. Deighan{ MAl and Daniel 0, Fuller, MAl. The appraisal reports have been reviewed based on the Florida Communities Trust Appraisal Guidelines and the Uniform Standards of Professional Appraisal Practice. The appraisals were complete { self-contained appraisal reports prepared under the single parcel format. The appraisal reports conform to the Uniform Standards of Professional Appraisal Practice for Real Estate Appraisals and are hereby approved. The appraisals prepared on this property are well done. Parcel 1 is owned by Alexandra Z. Comer and contains about 20.02 gross acres, Parcel 2 is owned by Timothy K. Grimes and John V. Langel and contains about 20.01 gross acres, The appraisals on these properties reflect a small divergency in value ranging from 2 % to 6% respectively for Parcels 1 and 2. As outlined in the attached review appraisal memorandum the purpose of this assignment is to review the appraisals on Parcel 1 owned by Alexandra Z. Comer and Parcel 2 owned by Timothy K. Grimes and John V. Langel within the Hackberry Hammock Project as outlined in the following review. The appraisals were obtained to estimate the value of the properties described in the following review which are to be acquired by St, Lucie County as the Grant Recipient. 348 South Lakeside Drive, Satellite Bch., FL 32937 - (321) 777-1446 - Fax: (321) 773-2796 - Mobile: (321) 759-5706 Ms, Caroline C, Sutton, Community Program administrator Florida Communities Trust February 3, 2006 Page Two The properties are located on the southeast side of Germany Canal Road, south of State Road 70 (Okeechobee Road) and west of Carlton Road in western St. Lucie County. The properties are located in a rural area of western St, Lucie County which has seen heavy demand for residential tracts. The property is zoned for low density residential development. Enclosed herewith please find the completed review appraisal package including Certificate of Value, Narrative Review, Corrections to the Appraisals and Correspondence. One copy of the appraisals will be retained in my file. The appraisal reports are deemed acceptable based on the corrections received from the appraisers. The Maximum Approved Purchase Price outlined in Rule 9K-8.007(5) F.A.C. follows: Parcel 1 : Parcel 2: Comer Grimes/Langel 20,02 Acres 20.01 Acres $540,000 $540,000 If you have any questions, or need any additional information, please do not hesitate to contact me. Respectfully submitted, SDutheastAJ1 Gwup Ja os I. iller, ~AI. SR/WA St te Certi ¡ed General Real Estate Appraiser FlorC tificate Number 0000122 have no contributory value. HIGHEST AND BEST USE The Highest And Best Use of the subject property "as if vacant" is based on its location in western St. Lucie County, The property is surrounded by rural residential uses including pasture, ranchettes and former citrus groves, The area has been expanding in its residential development at a low density of one residence to five acres. This is typical throughout the area, The property contains a total of about 20.01 gross acres and 18.84 net acres. The property could be developed with one residence or possibly up to four residences iffurther subdivision is permitted. A proposed plan would have to be presented to St. Lucie County to determine the development allowed on this property. Under the current land use and zoning the property could support up to four residential tracts. Therefore, the highest and best use "as if vacant" is to develop with from one to four residential tracts, This is a reasonable estimate of the highest and best use reached by the appraisers, VALUATION ANALYSIS The subject property is a 20.01 gross acre tract with about 18.84 net acres. The property is within one tax parcel. The property contains about 10% hammocks scattered throughout the property, The property is valued as a single parcel. This is based on its highest and best use for development with from one to four residential tracts. The property is vacant containing only minor agricultural improvements. The value of the property is estimated based on its low density highest and best use. Based on the highest and best use of the property "as if vacant" for low density residential development the appraisers have relied on the sales comparison approach to land value. This approach is based on recent sales and contracts for comparable vacant sites with a similar highest and best use for low density residential development. These sales were compared to the subject property to estimate the value of the property as if available for residential use. Valuation Bv Daniel D. Fuller. MAl Mr. Fuller has considered the most recent market information and compared it to the subject property based on its residential highest and best use. The appraiser considered a total of five (5) comparable sales in the area of this property in estimating the current land value. In addition the appraiser considered the current listing of the subject property and two (2) listings in the current market. - 19 - Project: Hackben·y Hammock Project Number: 05-069-FF5 Parcel: Grimes/Langel Contract Number: Property Tax J.D. Number: 3229-341-0001-000/7 OPTION AGREEMENT FOR SALE AND PURCHASE THIS AGREEMENT is made this \(D~day of "1.J ~ ,2007, between TIMOTHY K. GRIMES and JOHN V. LANGEL, whose address is 2529 North Indian River Drive, PIerce, Flonda 34946, and the FLORIDA COMMUNITIES TRUST, a non-regulatory agency within the Department of Community Affairs, ("Acquiring Agency") whose address is 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, and ST. LUCIE COUNTY, a political subdivision within the State of Florida, ("Local Government"), whose address is in care of Ms, JoAnn Riley, 2300 Virginia A venue, Fort Pierce, Florida 34982. Acquiring Agency and Local Government will be collectively referred to as ("Purchaser"). 1. GRANT OF OPTION. Seller hereby grants to Purchaser the exclusive option to purchase the real property located in St. Lucie County, Florida, described in Exhibit" A", together with all improvements, easements and appurtenances ("Property"), in accordance with the provisions of this Agreement. This Option Agreement becomes legally binding upon execution by the parties but exercise of the option is subject to approval by Purchaser and is effective only if Acquiring Agency and Local Government give written notice of exercise to Seller. 2. OPTION TERMS. The option payment is $100.00 ("Option Payment"). The Option Payment, in the form of a state warrant, will be forwarded to Seller upon its receipt by Acquiring Agency from the Comptroller of the State of Florida. The option may be exercised during the period beginning with the Purchaser's approval of this Agreement and the Acquiring Agency's governing body granting project plan approval in accordance with Rule 9K-8,OlI, Florida Administrative Code, and cnding on November 30, 2007 ("Option Expiration Date"), unless extended by other provisions of this Agreement. In the event Acquiring Agency's Purchase Price (as hereinafter defined in paragraph 3.A) or Local Government's Purchase Price (as hereinafter defined in paragraph 3.A) are not available by the Option Expiration Date the period of exercise of the option may be extended until such funds become available, not to exceed 60 days after the Option Expiration Date, by written notice to Seller. 3.A, TOTAL PURCHASE PRICE. The total purchase price ("Total Purchase Price") for the Property is FIVE HUNDRED FORTY THOUSAND AND NOIlOO DOLLARS ($540,000.00), which, after reduction by the amount of the Option Payment, will be paid by Acquiring Agency and Local Government at closing to Seller or Seller's designated agent who meets the requirements of Section 253.025, Florida Statutes, in the manner set forth herein. The Total Purchase Price shaH be paid to Seller as follows: Acquiring Agency shall pay the lesser of $211,248.00 or 39.12% of the final adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B, ("Acquiring Agency's Purchase Price"), which after reduction by Acqui1ing Agency of the Option Payment, will be paid to Seller by state warrant at closing; and Local Government shall pay $328,752.00 or the balance of the final adjusted Total Purchase Price for the Property as determined in accordance with paragraph 3.B. ("Local Government's Purchase Price"). The Total Purchase Price is subject to adjustment in accordance with paragraph 3,B. The determination of the final Total Purchase Price can only be made after the completion and approval ofthe survey required in paragraph 5. This Total Purchase Price presumes that the Property contains at least 20.01 total acres, to be confirmed by the Survey as provided in Paragraph 5, This Agreement is contingent upon approval of the Total Purchase Price, Acquiring Agency's Purchase Price, and Local Government's Purchase Price by Purchaser and upon confirmation that the Acquiring Agency Purchase Price is not in excess of the final Acquiring Agency's maximum approved purchase price of the Property as determined in accordance with Rule 9K-8.007, Florida Administrative Code ("Maximum Approved Purchase Price"). This Agreement is also contingent upon Local Government's funds for closing being available at closing and upon Local Government giving written notice to Acquiring Agency, prior to the exercise ofthe option, that these funds are available to close GrímeslLangel FCT No.: 05-069-FF5 7/]0/2007 Page 1 in accordance with this Agreement. If such notification is not accomplished, Acquiring Agency may in its sole discretion declare this Agreement void and of no further force and effect as of that date. Local Govemment's funds are the sole responsibility of the Local Government. Sell.e~ shall have ~o recourse whatsoever, at law or equity, against Acquiring Agency or the Property as a result of any matter ansmg at any tIme whether before or after fee simple title is conveyed to Local Government, relating to Local Government's funds, Acquiring Agency shall have no obligation under this Agreement to provide any portIOn of Local Government's funds. Acquiring Agency's funds necessary to close are the sole responsibility of Acquiring Agency. .S~ller shall h~ve no recourse whatsoever, at law or equity, against Local Government or the Property as a result of any matter ansmg at any tIme, whether before or after fee simple title is conveyed to Local Government, relating to AcquiIing Agency's funds. Local Govemment shall have no obligation under this Agreement to provide any portion of Acquiring Agency's funds. Should Local Government's funds or Acquiring Agency's funds not be available for any reason, Purchaser or Seller may elect to terminate this Agreement by written notice to the parties without liability to any party. Acquiring Agency and Local Government agree that the Local Government shall take fee simple title to all of the Property at the closing notwithstanding that Acquiring Agency and Local Government are required to pay all of the Total Purchase Price in the manner set forth in this Agreement. Conveyance of the Property in fee simple from Seller to Local Government will take place at the closing, in exchange for the payments to be made by Acquiring Agency and Local Government to Seller at closing as set forth above in this paragraph 3,A. 3.B. ADJUSTMENT OF TOTAL PURCHASE PRICE. If, prior to closing, Acquiring Agency determines that the Acquiring Agency Purchase Price stated in paragraph 3.A. exceeds the final Acquiring Agency Maximum Approved Purchase Price of the Property, the Acquiring Agency Purchase Plice will be reduced to the final Acquiring Agency Maximum Approved Purchase Price of the Property. Upon determination of the final Acquiring Agency Maximum Approved Purchase Price, the Acquiring Agency's Purchase Price and Local Govemment's Purchase Price will be determined and adjusted in accordance with paragraph 3.A. If the final adjusted Total Purchase Price is less than 95% of the Total Purchase Price stated in paragraph 3.A. because of a reduction in the Acquiring Agency Maximum Approved Purchase Price of the Property, Seller shall, in his sole discretion, have the right to terminate this Agreement and neither party shall have any further obligations under this Agreement. If Seller elects to terminate this Agreement, Seller shall provide written notice to Acquiring Agency and Local Government of his ejection to terminate this Agreement within 10 days after Seller's receipt of written notice from Acquiring Agency of the final adjusted Total Purchase Price, In the event Seller fails to give Acquiring Agency and Local Government a written notice of termination within the aforesaid time period from receipt of Acquiring Agency's written notice, then Seller shall be deemed to have waived any right to terminate this Agreement based upon a reduction in the Total Purchase Price stated in paragraph 3.A. 4,A. ENVIRONMENTAL SITE ASSESSMENT. Local Government shall, at its sole cost and expense and at least 30 days prior to the Option Expiration Date, furnish an environmental site assessment of the Property which meets the standard of practice of the American Society of Testing Materials ("ASTM"). Local Government shall use the services of competent, professional consultants with expertise in the environmental site assessing process to deten11Ïne the existence and extent, if any, of Hazardous Materials on the Property. The examination of hazardous materials contamination shall be performed to the standard of practice of the ASTM. For Phase I environmental site assessment, such standard of practice shall be the ASTM Practice E ] 527. If the Findings and Conclusions section of the assessment reports evidence of recognized environmental conditions, then a Phase II Environmental Site Assessment shall be performed to address any suspicions raised in the Phase I environmental site assessment and to confirm the presence of contaminants on site. For purposes of this Agreement "Hazardous Materials" shall mean any hazardous or toxic substance, material or waste of any kind or any other substance which is regulated by any Environmental Law (as hereinafter defined in paragraph 4,B.). The environmental site assessment shall be certified to Purchaser and the date of certification shall be within 90 days before the date of closing. 4,B, HAZARDOUS MATERIALS, In the event that the environmental site assessment provided for in paragraph 4.A. confirms the presence of Hazardous Materials on the Property, Purchaser, at its sole option, may elect to terminate this Agreement and neither party shall have any further obligations under this Agreement. Should Purchaser elect not to terminate GrimeslLangel FCT No.: 05-069-FF5 7/10/2007 Page 2 this Agreement, Seller shall, at his sole cost and expense and prior to the exercise of the option and closing, promptly commence and diligently pursue any assessment, clean up and monitoring of the Property necessary to bring the Property into full compliance with any and all applicable federal, state or local laws, statutes, ordinances, rules, regulations or other governmental restrictions regulating, relating to, or imposing liability or standards of conduct concerning Hazardous Materials ("Environmental Law"). However, should the estimated cost of clean up of Hazardous Materials exceed a sum which is equal to 5 % of the Total Purchase Price as stated in paragraph 3.A., Seller may elect to terminate this Agreement and no party shall have any further obligations under this Agreement. 5. SURVEY. Local Government shall, at its sole cost and expense and not less than 35 days prior to the Option Expiration Date, furnish a current boundary survey of the Property prepared by a professional land surveyor licensed by the State of Florida which meets the standards and requirements of Acquiring Agency ("Survey"). It is Local Government's responsibility to ensure that the surveyor contacts the Acquiring Agency regarding these standards and requirements prior to the commencement of the Survey. The Survey shall be certified to Purchaser and the title insurer and the date of certification shall be within 90 days before the date of closing, unless this 90 day time period is waived by Purchaser and by the title insurer for purposes of deleting the standard exceptions for survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroachment on the Property or that improvements intended to be located on the Property encroach on the land of others, the same shall be treated as a title defect. 6. TITLE INSURANCE. Local Government shall, at its sole cost and expense and at least 35 days prior to the Option Expiration Date, furnish a marketable title insurance commitment, to be followed by an owner's marketable title insurance policy (ALTA Form "B") from a title insurance company, approved by the Acquiring Agency, insuring marketable title of Local Government to the Property in the amount of the Total Purchase Price. Local Government shall require that the title insurer delete the standard exceptions of such policy referring to: (a) all taxes, (b) unrecorded rights or claims of parties in possession, (c) survey matters, (d) unrecorded easements or claims of easements, and (e) unrecorded mechanics' liens. 7. DEFECTS IN TITLE. If the title insurance commitment or survey furnished to Purchaser pursuant to this Agreement discloses any defects in title which are not acceptable to Purchaser, Seller shall, within 90 days after notice from Purchaser, remove said defects in title. SeHer agrees to use diligent effort to correct the defects in title within the time provided therefor, not including the bringing of necessary suits. If Seller is unsuccessful in removing the title defects within said time or if Seller fails to make a diligent effort to correct the title defects, Purchaser shall have the option to either: (a) accept the title as it then is with a reduction in the Total Purchase Price by an amount determined by Acquiring Agency, (b) accept the title as it then is with no reduction in the Total Purchase Price, ( c) extend the amount of time that Seller has to cure the defects in title, or (d) tenninate this Agreement, thereupon releasing Purchaser and Seller from all further obligations under this Agreement. 8. INTEREST CONVEYED. At closing, Seller shall execute and deliver to Local Government a statutory warranty deed in accordance with Section 689.02, Florida Statutes, conveying marketable title to the Property in fee simple free and clear of all liens, reservations, restrictions, easements, leases, tenancies and other encumbrances, except for those that are acceptable encumbrances in the opinion of Purchaser and do not impair the marketability of the title to the Property. The grantee in Seller's Warranty Deed shall be ST. LUCIE COUNTY, a political subdivision within the State of Florida. 9. PREPARATION OF CLOSING DOCUMENTS. Upon execution of this Agreement, SeHer shall submit to Purchaser a properly completed and executed beneficial interest affidavit and disclosure statement as required by Sections 286,23, and 380,08(2), Florida Statutes. Seller shall prepare the deed described in paragraph 8. of this Agreement, Seller's closing statement and the title, possession and lien affidavit certified to Purchaser and title insurer in accordance with Section 627.7842, Florida Statutes, and an environmental affidavit on Acquiring Agency forms provided by Acquiring Agency. Acquiring Agency shall prepare Purchaser's Closing statement. All prepared documents shall be submitted to Local Government and Acquiring Agency for review and approval at least 30 days prior to the Option Expiration Date. GIimes/LangeJ FCT No.: 05-069-FF5 7/1012007 Page 3 10. PURCHASER REVIEW FOR CLOSING. Purchaser will approve or reject each item required to be provided by Seller under this Agreement within 30 days after receipt by Purchaser of all of the required items. Seller will have 30 days thereafter to cure and resubmit any rejected item to Purchaser. In the event Seller fails to timely deliver any item, or Purchaser rejects any Item after delivery, Purchaser may in its discretion extend the Option Expiration Date. 11. EXPENSES. Local Government will pay the documentary revenue stamp tax and all other taxes or costs associated with the conveyance, including the cost of recording the deed described in paragraph 8, of this Agreement and any other recordable instruments which Purchaser deems necessary to assure good and marketable title to the Property. 12. TAXES AND ASSESSMENTS. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Local Government acquires fee title to the Property between January I and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and millage rates on the Property. In the event the Local Government acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. 13. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option; provided, however, that if a defect exists in the title to the Property, title commitment, Survey, environmental site assessment, or any other documents required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. ]4. RISK OF LOSS AND CONDITION OF REAL PROPERTY. Seller assumes all riskofloss or damage to the Property prior to the date of closing and warrants that the Property shall be transferred and conveyed to the Local Government in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property, Seller agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of Local Government prior to the exercise of the option by Purchaser. IS. RIGHT TO ENTER PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with the this Agreement. Seller shall deliver possession of the Property to the Local Government at closing. 16. ACCESS, Seller watTants that there is legal ingress and egress for the Property over public roads or valid, recorded easements that benefit the Property, 17. DEFAULT. If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. In connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reason- ab1e attorney's fees and costs. 18. BRa KERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing, except as accurately disclosed on the disclosure statement GrimeslLangel FCT No.: 05-069-FF5 7/1 0/2007 Page 4 required in paragraph 9. Seller shall indemnify and hold Purchaser harmless from any and all such claims, whether disclosed or undisclosed. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. In the event Purchaser defaults under this Agreement and this transaction does not close, Purchaser will execute and deliver a quit claim deed to Seller which releases all Purchaser=s interest in the Property. 20. ASSIGNMENT. This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILITY, In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected. 23. SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs, legal representatives, successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option, Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders. 24, ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Agreement shall be binding unless executed in ",,'fiting by the parties. 25. WAIVER. Failure of Purchaser to insist upon strict perfonnance of any covenant or condition of this Agreement, or to exercise any right herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same sha1] remain in full force and effect. 26. AGREEMENT EFFECTIVE. This Agreement or any modification, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto. 27. ADDENDUM. Any addendum attached hereto that is signed by the parties shall be deemed a part of this Agreement. 28. NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either debvered personally or mailed to the appropriate address indicated on the first page of this Agreement, or such other address as is designated in writing by a party to this Agreement. 29, SURVIV AL. The covenants, warranties, representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing, the delivery and recording of the deed descTibed in paragraph 8. of this Agreement and Local Government's possession of the Property. THIS AGREEMENT IS INITIALLY TRANSMITTED TO THE SELLER AS AN OFFER, IF THIS AGREEMENT IS NOT EXECUTED BY THE SELLER ON OR BEFORE JULY 31, 2007, THIS OFFER WILL BE VOID UNLESS THE PURCHASER, AT ITS SOLE OPTION, ELECTS TO ACCEPT THIS OFFER, THE EXERCISE OF THIS OPTION IS SUBJECT TO: (1) APPROVAL OF THIS AGREEMENT, TOTAL PURCHASE PRICE, ACQUIRING AGENCY=S PURCHASE PRICE, AND LOCAL GOVERNMENT=S PURCHASE PRICE BY PURCHASER, (2) ACQUIRING AGENCY'S GOVERNING BODY GRANTING PROJECT PLAN APPROVAL IN ACCORDANCE WITH RULE 9K-8.01I, Grimes/Langel FCT No.: 05-069-FF5 7/1012007 Page 5 FLORIDA ADMINISTRATIVE CODE, (3) CONFIRMATION THAT THE TOTAL PURCHASE PRICE IS NOT IN EXCESS OF THE FINAL MAXIMUM APPROVED PURCHASE PRICE OF THE PROPERTY, AND (4) LOCAL GOVERNMENT AND ACQUIRING AGENCY APPROVAL OF ALL DOCUMENTS TO BE FURNISHED HEREUNDER BY SELLER. THE ACQUIRING AGENCY'S PERFORMANCE AND OBLIGATION TO PAY UNDER THIS CONTRACT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. THIS IS TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN A TTORNEY PRIOR TO SIGNING. SELLER J (b. \ ~{"-J £ V ), ·~e~-~ Witness TIMOTHY K. / Q,s:::-~ ~f'~¡{J2D Witness 'A v ",-Social Security Number J Date signed by Seller ~¿ (¡--ðú- ?SrJ- ?k6 /01 PURCHASER LOCAL GOVERNMENT ST. LUCIE COUNTY, a political subdivision of the State of Florida By: Witness as to Local Government Name PrintJType Witness as to Local Government Its: Approved as to Fonn and Legality for Local Government By: Date: Date signed by Local Government Grimes/Langel FCT No.: OS-069-FFS 7/1 0/2007 Page 6 PURCHASER ACQUIRING AGENCY FLORIDA COMMUNITIES TRUST Witness as to Acquiring Agency By: Janice Browning, Director, Division of Housing and Community Development Witness as to Acquiring Agency Date signed by Acquiring Agency Approved as to Form and Legality By: Trust Counsel Date: STATE OF FLORIDA COUNTY OF ST. LUCIE (NOTARY PUBLIC) SEAL ........, LASHONDA REESE-HILL .'œ'~t!!' p~~",\ No\8IY PubliC - SI8I8 01 FIarida ª . . ~ ComßIiIsIon EM¡iinIS Mar 13, 2010 ,_.. Y,ll ~---'-- t DO 5'lT7'l1 ......, (1:-;"<:' \.tUIlIn-· "~-~I'ifI~~'\'''''' Bonded 8y Nattonat N Ann. (Printed, Typed or Stamped Name of Notary Public) Commission No.: fXJ¡=)ðT..Jt,.,7 My Commission Expires: . I~ "õDID ST A TE OF FLORIDA COUNTY OF ST. LUCIE / The foregoing instrument was acknowledged before me this 1(0 day of~, 2007 by John V. Langel, who is personally known to me or who has produced a driver license issued within th.e Hlst five years as identification. (NOTARY PUB LTC) ~~ - . SEAL _L3~ ·12pp;=.e~- t+.\ I_ ........., lÅSHONDA REESE~. (Printed, Typed or StampedName~of Notary Public) .It "PfJl/'", NotatY PubliC .. Sta\t of rNlNU ~1f}; i~. t:}.Ay Con\f1IÏISiOIIExplreSMar 13. 2010 Commission No.: L./V J \.." ~¡ c()lMlissloll t 00 5277~... My Commission Expires: "2010 ·..;t,Hr,~~"'" aonded By Maüonl\ NotatY NM'h Gri meslLangel FCT No.: 05-069-FF5 7/1 0/2007 Page 7 STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of , 2007, by as of St. Lucie County, a political subdivision within the State of Florida, on behalf of the Local Government, and is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Printed, Typed or Stamped Name of Notary Public) Commission No,; My Commission Expires: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this day of , 2007, by Janice Browning, Director, Division of Housing and Community Development, on behalf of the Acquiring Agency. She is personally known to me. (NOTARY PUBLIC) SEAL Notary Public (Plinted, Typed or Stamped Name of Notary Public) Commission No.: My Commission Expires: GrimesILangel FCT No.: 05-069-FF5 7/1012007 Page 8 EXHIBIT" A" Legal Description Situate and lying in County of St. Lucie, State of Florida, and described as follows: Lot 6: From the Nortb ]/4 corner of Section 29, TOW~hIP 36 South, Rang138 East, St. Lucie County, Florida, run South 00022'25" Ellst, 3530.21 feet along thl'! 1 4 S~ction line to ~h point or Beginning; from tJle Point of Beginning continue Soutb 00°22'25" Enst, 1743 .27 fect to the South /4 corner of uid Section: thence South 89059'54" Wed, along thc South Section line, 5 0.00 feet; thence No~b 00°22'25" We~t, 1743.27 feet: tbence North 89°59'54" Ellst SOO.BO feet to the Point of eglnnlng, Final legal description to be determined by survey pursuant to Paragraph 5, GrimeslLangel FCr No.: 05-069-FF5 7/1012007 Page 9 ADDENDUM DISCLOSURE STATEMENT (INDIVIDUAL) The folJowing Disclosure Statement is given in compliance with Sections 375.031 (1) and 380.08(2), Florida Statutes. The Seller states as folJows: 1) That to the best of the Seller's knowledge, all persons who have a finanCial interest in this real estate transaction or who have received or will receive real estate commissions, attorney's or consultant's fees or any other fees or other benefits incident to the sale of the Property are: Name Address \ùbt'~c.'L ~~{'S\'-" I~. L\-~~~ \,) '(.\Ir\~S. ~U.J~ \=." ~I. r.::..'S"'(..._ Ç"\34-CiS\ Reason for Payment ~ e.c.... \ Z. ~·\c..... \'"e.. CoI'Y\ 1V'I1~IO.0 Am:unt $ \ \.0 ¡?-DO 2) That to the best of the Seller's knowledge, the following is a true history of all financial transactions (including any existing option or purchase agreement in favor of Seller) concerning the Property which have taken place or will take place during the last five years prior to the conveyance of title to St. Lucie County, a political subdivision within the State of Florida: Name and Address of Parties Involved Date Type of Transaction Amount of Transaction S::o. \ ~ '"31..\0\ \)CO ~(LU\ ~ -e..ue.\ S \t'-ú~~t:e.. '"3/1 lOb .«(" ~ <6 (:x:xJ $.. üS \ S Û \ '\ì:... \.\.D~ \> '"' .:Iv "'t"" So\'.. "ù.:L.. \. -e... l.. Uft s: ~ '"::!c>\"'" \J Lr->.-\!"r::.e.-\ .\"'>. Cf....C.\\Ü.>-.... .¥.. C~~\n\':s ...(0 ;;J '--" FLORIDA COMMUNITIES TRUST APPROVED AS TO FORM & LEGALITY By: Date: BENEINTLFCT Revised 11/23/93 GrimesfLangel FCT No.: 05-069-FF5 7!l 0/2007 Page 10 09/14/07 FZABWARR ¡fuND 001 001182 001183 001408 001418 001419 001424 001814 101 101001 101002 101003 101004 101006 101109 101213 102 102001 102803 102806 104002 105 107 107002 --"'003 006 107204 129 129310 140 140001 140133 140328 140329 140335 140337 150 160 183 183001 183003 183006 184209 185008 310002 316 316001 382 ST. LUCIE COUNTY - BOARD WARRANT LIST #50- 08-SEP-2007 TO 14-SEP-2007 FUND SUMMARY TITLE General Fund CSBG Grant FY07 Section 112/MPO/FHWA/Planning 2007 2005 Emergency Hurricane Supplemen FDCA EMPA FY07 FDCA-Construct County EOC Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees FHWA/FDOT County Rds-H. Jeanne FDOT 25th St. Widening Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park, S L C Sto~wtr Imp. Florida Wildflower Foundation Elizabeth M. Kiessel Bequest Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Parks MSTU Fund FRDAP Grant-Lawnwood Recreation Com Port & Airport Fund Port Fund Construct Runway 9L/27R FDOT Land Acquisitions/Planning Stu FDOT-Taylor Creek Restoration/Acqui Parallel Runway Design-9L/27R Install Perimeter Fencing #412400 Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Guardian Ad Litem Fund FDEP - Fort Pierce Shore Protection FHFA Hurricane Housing Recovery Impact Fees-Parks County Capital Transportation Capital Environmental Land Capital Fund EXPENSES 821,152.73 8,016.97 1,285.84 9,180.00 396.47 4,611.46 3,280.20 26.81 1,452.97 78,837.31 10,642.42 54,943.66 22,227.72 444,438.41 2,509.27 356,920.73 11,957.61 18,611. 69 26,003.75 991. 09 53.49- 102,487.53 294,426.82 2,302.20 2,897.28 37,068.28 1.42 45,229.40 28,212.80 3,390.40 4,788.10 72,566.68 11,401.80 4,950.00 3,819.29 900.00 330.08 605.21 22,343.97 1,000.00 3,919.00 63,473.91 95,828.22 2,340.78 29,003.10 50,481. 59 165,453.32 13.94 PAGE PAYROLL 1,878.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1 09/14/07 FZABWARR J!'UND 39007 401 418 451 458 461 471 478 479 491 505 505001 606 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #50- 08-SEP-2007 TO 14-SEP-2007 FUND SUMMARY TITLE Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 3,650.00 668,841.28 5,954.46 47,383.99 8,471.97 61,764.22 86,631.35 6,273.91 24,065.73 1,934.08 17,860.51 2,295.56 350,000.00 608.02 22.28 59.23 4,212,485.33 PAGE PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,904.64 0.00 0.00 0.00 0.00 0.00 5,783.04 2 f' AGENDA REQUEST ITEM NO. C2A DATE: Sept. 18,2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Permission to File Suit - Taylor Creek Townhouses, LLC, 1910 N. 13th Street, Fort Pierce, Florida BACKGROUND: See CA No. 07-1364 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: COMMISSION ACTION: Staff recommends that the Board authorize the County Attorney's Office to file suit against Taylor Creek Townhomes, LLC for failure to correct code violations at 1910 N. 13th Street, Fort Pierce, Florida, which are causing a public safety concern. [ ] APPROVED [ ] DENIED [)( OTHER: C2A Pulled prior to meeting. [X] County Attorney: (IV [ ] Road & Bridge,: [ ]Finance:(check for copy only, if applicable) Review and ADDrovals l~!¡.nagement & Budget: [ ]Purchasing: [ ) Parks & Recreation Director [ ] Solid Waste Mgr Effective 5/96 '\ INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 07-1518 DATE: AugÙst 30, 2007 SUBJECT: permission to File Suit - Taylor Creek Townhouses, LLC, 1910 N. 13th Street, Fort Pierce, Florida BACKGROUND: On August 2, 2006, the St. Lucie County Code Enforcement Board issued an Order finding Taylor Creek Townhomes, LLC, the owner of 1910 N. 13th Street, Fort Pierce, Florida in violation of Section 1-9-19 outside storage; Section 1-9-32(D) overgrowth; and Section 13.00.01, Article 103.5, Unsafe structure (copy attached). A compliance date of September 8, 2006 was issued. On October 4, 2006, Staff reported to the Code Enforcement Board that the property still remained in violation. An Order Imposing Fine/Lien was entered. . The owners of the property were mailed a certified letter by the County Attorney's Office on July 12, 2007 requesting their assistance in bringing the property into compliance. No response has been received as of this date. The property remains in violation of St. Lucie County Codes and a threat to public safety (see attached photos). RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize the County Attorney's Office to file suit against Taylor Creek Townhomes, LLC for failure to correct code violations at 1910 N. 13th Street, Fort Pierce, Florida, which are causing a public safety concern. Respectfully submitted, KMS/cb JIlL--- Katherine Mackenzie-Smith Assistant County Attorney ¡. , ST. LUCIE COUNTY CODE ENFORCEMENT BOARD FINDINGS OF FACT, CONCLUSION OF LAW, AND ORDER CASE NO. 43099 TA YLOR CREEK TOWNHOUSES LLC 19 \~ ~ 'Iß~t- THIS CAUSE came on for a Violation Hearing before the St. Lucie County Code Enforcement Board ("Board") on August 2, 2006 after due notice to the Violator, Taylor Creek Townhouses LLC. As Taylor Creek Townhouses LLC did not appear for the hearing, the Board hereby enters a DefaultJudgementlOrder against Taylor Creek Townhouses LLC as follows: A. FINDINGS OF FACT: There is outside storage of items and materials such as scrap wood, scrap metal, building debris, etc., an unsanitary nuisance caused by an excessive overgrowth of tall grass and weeds and there is an unsafe structure on the property which needs to be secured and repaired or removed on the property located at 1910 North 13th Street, Ft. Pierce, FL on the property described as: 43540 FROM SW COR OF NE 1/4 OFNE 1/4 RUN N 0 DEG21 MIN 40 SECW 346.15 FT TO SW COR OF N 1/2 OF S 1/2 OF NE 1/4 OF NE 1/4, TH S 89 DEG 40 MIN 40 SEC E 25 FT TO E LI N 13 ST FOR POB, TH N 0 DEG 21 MIN 40 SEC W 135.86 FT, THS 89 DEG 46 MIN 40 SEC E 439.8 FT TO W R/W C25, TH S 27 DEG 14 MIN 49 SEC E ALG C25 RIW 153.64 FT TO S LI OF N 1/2 OF S 1/2 OF NE 1/4 OF NE 1/4, TH N 89 DEG 40 MIN 40 SEC W 509.17 FT TO POB (1.58 AC) (OR 2430-219) as recorded in the Public Records of St. Lucie County, Florida. B. CONCLUSION OF LAW: Section 1-9-19 of the St. Lucie County Code and Compiled Laws provides that no person shall discard, place, abandon, accumulate, or permit or cause to be discarded, placed, abandoned, or accumulated any abandoned property on private property in the unincorporated areas of the county unless such abandoned property is stored in an enclosed structure or at an '" " authorized junk or auto wrecking yard. No person shall throw, discard, place, abandon, accumulate, or pennit or cause to be thrown, discarded, placed, abandoned, or accumulated any abandoned property, garbage, trash, junk or debris on private property in the unincorporated areas of the county except at a solid waste disposal facility which is operated, maintained or approved by the Board, Since the Violator has permitted outside storage of items and materials such as scrap wood, scrap metal, building debris, etc. on the property described above, Section 1-9-19 of the S1. Lucie County Code and Compiled Laws has been violated. Section 1-9-32 (D), Prohibited Acts, of the S1. Lucie County Code of Ordinances provides that no owner shall maintain or permit an unsanitary nuisance on any property. Since an unsanitary nuisance has been caused by the tall grass and weeds having been permitted to grow on the property, Section 1-9-32 (D) of the S1. Lucie County Code of Ordinances has been violated. Section 13.00.01, Building Code, ofthe S1. Lucie County Land Development Code provides that the Standard Building Code is adopted by reference as the Building Code of the County. Section 103.5, Unsafe Buildings or Systems, of the Standard Building Code, provides all buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fIre hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings of service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code. Since the Violator has permitted an unsafe 2 ¡. ~ stmcture without securing, repairing or removing it on the property, Section 103.5 of the Standard Building Code has been violated. C. ORDER: Based on the findings of fact and conclusion of law set out above, this Board determines that the Violator must abate the violations by removing all outside storage of items and materials such as scrap wood, scrap metal, building debris, etc., by mowing the excessive overgrowth of tall grass and weeds and maintaining the entire property and by securing, repairing or removing the unsafe stmcture on the property described above by September 8, 2006. Unless the violations are properly abated by Seµtember 8, 2006, this Board may levy a fine not to exceed two hundred fifty and 00/1 00 dollars ($250.00) per day for each day the violation continues. Any Party requesting a rehearing or reconsideration of the Board's action must file a written request setting forth the legal grounds therefore with the Code Enforcement Board Secretary within thirty (30) days of the date of this order. DONE AND ORDERED this 2nd day of August, 2006. ATTEST: ST. LUCIE COUNTY CODE ENFORCEMENT BOARD . lup,ø BY~._~~,.~ t;>h.:!'l"1oo1a CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: CO~~NTBOARD ATTORNEY 3 " . I HEREBY CERTIFY that a true and correct copy of the above and foregoing Findings of Fact, Conclusions of Law, and Order has been furnished by mail to: Taylor Creek Townhouses LLC Mission Bay Plaza #30 Boca Raton, FL 33498 smw 4 Ii. iI~,_ EMENTBOARD .~ , " ·-p . AGENDA REQUEST ITEM NO. C2~ DATE: September 18, 2007 REGULAR [ ] PUBLIC HEARING Leg, [ ] Quasi-JD [ ] CONSENT [X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney J oAnn Riley Property Acquisition Manager SUBJECT: Lakewood Park Regional Park Right-of-way Donation - Emerson Avenue - State Road 607 Resolution No, 07-275 BACKGROUND: See an attached Memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: May 20, 2003 - Received Board of County Commission authorization to submit a Grant Application to Florida Communities Trust for the Lakewood Park Regional Park project. June 3, 2003 - Board of County Commissioners approved the Contract for Sale and Purchase of the Lakewood Park Regional Park project. December 2, 2003 - Received Board of County Commission approval authorizing the Chairman to execute and transmit the Grant Contract to Florida Communities Trust. June 22, 2004 - Board of County Commissioners approved the Grant Award Agreement with Florida Communities Trust. November 14, 2004 - Board of County Commissioners approved a Deed of Conservation Easement with South Florida Water Management District. RECOMMENDATION: Staff recommends that the Board approve the County Deed and Resolution provided by the Florida Department of Transportation, authorize the Chairman to sign Resolution No. 07-275 and County Deed, and direct staff to record the documents in the Public Records of St. Lucie County, Florida and return the originals to the Florida Department of Transportation. 1>4 APPROVED [ ] OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: [x] County Attorney: ~~ Review and Approvals [x] Originating Dept: fr.'-íL [ ] Mosquito Control: [] Public Works:~ / [x] Parks & Recreation:~ [ ] Road and Bridge: G:\ACQ\WP\JoAnn\Environmental\Capron Trail\Agenda Request for ROW (Sidewalk) to FDOT.wpd ... . PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 18, 2007 SUBJECT: Lakewood Park Regional Park Right-of-way Donation - Emerson Avenue - State Road 607 Resolution No, 07-275 BACKGROUND: On June 3, 2003, the Board of County Commissioners approved the Contract for Sole and Purchase of the Lakewood Park Regional Park. On June 21, 2007, St. Lucie County opened the Lakewood Park Regional Park, The main entrance of the park will be on Emerson Avenue, a State Road. When the County submitted the driveway connection permit to the Florida Department of Transportation (FDOT) they informed County staff the permit would contain a condition of approval. They conditioned the permit with the dedication of 17' of right- of-way along, Emerson Avenue to the FDOT, for the construction of acceleration and deceleration lanes, County staff received a supplemental request for 12' of right-of-way, for the construction of sidewalks. We have attached the County Deed and Resolution provided by the Florida Department of Transportation for your review and approval. RECOMMENDATION: Staff recommends that the Board approve the County Deed and Resolution provided by the Florida Department of Transportation, authorize the Chairman to sign Resolution No, 07-275 and County Deed, and direct staff to record the documents in the Public Records of St. Lucie County, Florida and return the originals to the Florida Department of Transportation, Respectfully submitted, d;{LU-. "J: Ann Riley U Property Acquisition Manager G:\ACQ\WP\JoAnn\Environmental\Capron Trail\Agenda Memo for ROW (Sidewalk) to FDOT.wpd II II II tJY:::'g'\-'¡.·.I¡.. ,.IJlJ!H+If.··. '~~.I I-Tt.~%.: ,--PEJ lb ,- " '_L LcJJ I I I 1 ¡ U . _----L-L..Ll jC':..,iii I~i'lfr=-SANTAC~ARA ~LYD_l . ··,----,-,-r~ :':IrT'r;;-,.'~I.n.-.'.·.'.l-, '.",'. I.J 1,.J'·.¡l,IJT~>-·,L.J__ J. fl· í"'i,--ITT+- , /J_L__LI - L I. I_LL~LU-,I~----i " 1_,LLi_LLLLL II ,CITRUSPARKBLVD~~r-¡-~ --I . I, ('" Tn IT OIITT. "L. LLU-LTJI¡I-.±r'_LJ¡ j~rIT:rJ' ¡---tf++..±'T++ lInr- J~_Llg_ l.liL/Q___L LLL, '_L.L,j T_Ll U-¡LAKfLA¡N. ffiHED, ~LVDT- ---¡--fT,. T·,"~. --~1' 'LAKELA¡. ~D-~L~?T---¡---I \ '-, '1II-++-1 ¡! ( 1---- '--L--L.J i 'r-;) , .,~)Jlll'!L I I L~. I . .... C:--~\_IrIL _ J.' 1'1]' I,/~\. " ' j c}\.III J.LJ f t ~i\\)//~/\ I liLl_L JlJ !' \ ~-, PENSACOLA RD --,--- "/' ,-' ,--- I-~ '~~\?QtJj If]-JiIr13ir:J¡ II jJFffiE Ehm~:, l±HHEI±fj'~nmEHÐ 5,lllH=JJ . . . :ffiI~1HlIB., - ~=~I 1~.TF1iYqµ"¡m=~I~rl r~i :JI[[ , l_lICL! ¡--LLc...L§L\ ~ ------- itEImBTf~!t~-±±~ff .2:18". KENWOO .D:RDc:._____.'I..·,) rKfillflffENWO" OD;RD ': 9. l ~11111 ,I.. I I ,,-! L"'l!-- I I I_L I \mlLL_.:.~' II ' - ~H'."CU'RD~·~lIEF11m , 'HAMILTON AVET Uäd -HOLOPAW.AVE.: I ~-LLJj_j L -----'--~__L! _, DEER:PARKAVE ,I ~1±:ifu '-~-~---l', ·f'~7..,. :!Jl.AE~~E~ 1-) [-.,' ;- ¡ riIrTr'1 t FI¡~fi- SANTANA,AVE_, , H-1,LUJJJ I' '~_"l.',t~ Lill,' LJ. ~~JI11 . tJÈ3\" ROBERTS¡RÒ> II i IT\\, ~"--' .' --- ~~--- I I i- I I I I., -.----",--'- I ------~ i I . --- =-=}--T l_~___ I i I ~I _ ~--'-------~=:=-==RiUSS-OSIRD-----IJ · l_ I~ w '~ Z o ITII ---II Ie J I :&1 -:-I--I--i~rtll r L¡Llj+tn I . I _-1- ---------" - ~-: :'Ii -! I U-î \, ","/----",.._-""._, ' " '. "'","c<:::i""1-~ \------..', \ \ ",-<<<.H.. v~· ~"'\//'~'-,____,._. 0,,~<:~:~'-f~::\'-'\ 'If--] ------n<>þ¡ W¡C-i_l./lf';' r\-\ - ( \ " !--_,I, L~_ ( ~-_lL--, '< t 03-BSD.03-06/93 This instrument prepar~d under the direction of: Laurice C. Mayes, Esq. Sketch & Legal Description ~ Prepared by: Creech Engineers, Inc. Document prepared by: Diana Helmer (08-14-07) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No. Section No. Managing District: S.R. No. County: N/A N/A 94550-2601 04 607 St, Lucie COUNTY DEED THIS DEED, made this day of , 200 by ST. LUCIE COUNTY, a political subdivision of the State of Flori~ whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34982, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (Wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors, and assigns of organizations) . WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the grantee, all that certain land situate in St. Lucie County, Florida, viz: See attachedEXH~BIT -A", Sketch and Legal Description prepared by the firm of Creech Engineers, Inc., consisting of 2 sheets TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairperson or Vice-Chairperson of said Board, the day and year aforesaid. .. ATTEST: Print Name: Clerk (or Deputy Clerk) ST. LUCIE COUNTY, FLORIDA By Its Board of County Commissioners By: Print Name: Its Chairperson (or Vice-Chairperson) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of ,200 ,by Chairperson (or Vice-Chairperson), who is personally known to has produced identification, me or who as Print Name: Notary Public in and for the County and State last aforesaid, My Commission Expires: Serial No., if any: EXHIBIT "A" DESCRIPTION TO ACCOMPANY SKETCH LYING IN SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST ST. LUCIE COUNTY, FLORIDA \ LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST, LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 12.00 FEET OF THE WEST 107.00 FEET OF THE NORTH ONE HALF (1/2) OF THE NORTHWEST ONE QUARTER (1/4) OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 12,00 FEET OF THE WEST 107.00 FEET OF THE NORTH 531,00 FEET OF THE NORTH ONE HALF (1/2) OF THE NORTHWEST ONE QUARTER (1/4) OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST, LUCIE COUNTY, FLORIDA. TOGETHER WITH: THE EAST 32.00 FEET OF THE WEST 127.00 FEET OF THE SOUTH 31,00 FEET OF THE NORTH 531.00 FEET OF THE NORTH ONE HALF (1/2) OF THE NORTHWEST ONE QUARTER (1/4) OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST, LUCIE COUNTY, FLORIOA. TOGETHER WITH: THE EAST 15.00 FEET OF THE WEST 127,00 FEET OF THE SOUTH 69.00 FEET OF THE NORTH 500,00 FEET OF THE NORTH ONE HALF (1/2) OF THE NORTHWEST ONE QUARTER (1/4) OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, TOGETHER WITH: THE EAST 12.00 FEET OF THE WEST 107.00 FEET OF THE NORTH 22.00 FEET OF THE SOUTHWEST ONE QUARTER (1/4) OF THE NORTHWEST ONE QUARTER (1/4) OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, L-OCAíION M,AP SURVEYOR'S NOTES: 1, NO FIELD SURVEY WAS PERFORMED. 2. NO SEARCH OF THE PUBLIC RECORDS WAS PERFORMED BY THIS OFFICE. 3. INFORM A TION SHOv.N HEREON IS BASED UPON COMMONWEALTH LAND TITLE INSURANCE COMPANY POLICY NO. A02-0170721, DATED JUNE 16, 2003. NOTE: SEE SHEET 2 OF 2, FOR SKETCH OF DESCRIPTION. DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH OF DESCRIPTION AS SHOWN ON SHEET 2 OF 2, OF THIS DOCUMENT. CREECH ENGINEER.S, INC_ 0.".....'....."'"00.... .,..,0.....__...__ %000 N,E. ..ENSEN I£Aat 81.\0.. ..EHSEN KAOi. n.oRI)>\ ~1 (772) 2&1-1413 cmc:a AI.SC IN oIJPlTiI!, _ A/lQ TMJ.»IASSŒ n.. IIOAAD C# PAr:n~Al ÞIOIH!ERS, 1XIt1\P1CA1t rr .w~CRlZ~lICII NUWB[A 11Jt PROfUSI~ SU!I'Æ~ AHa WAPPr:"- AWEHO(O ŒllnncA.1t MO. l.D-000I1D6 NOT TO SCALE PATRICK B. MEEDS, P.S.M. FLORIDA LICENSE No. LS - 4728 COR~TION CERTIFlC("J OF AUTHORIZATION No. LB 6705 fY6 ~ AUGUST 6. 2007 PATRICK B. MEEDS. P.S.M. DATE OF SIGNAlURE NOT VALID WITHOUT THE SIGNAlURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY ST. LUCIE COUNTY PARK ADDmoNAL RIGHT-QF-WA Y DEDICATION I 3 !I 2 1 0 1r1~1 I II II 9r1.00' II I II I II -1111 I~:: II I --1 II I II 127.00' II~: 1-:: 15,00' II~iâl ,)[- -~- "IQ:I-r 32.0õ' _J!_ I. . I 127.00 ~ -'I~i~ ~ 'I ~ ð 10.0' I J. ::;~WIO : 121 ~ ~ II~I Œ ¡;> Ii; «I ~ ~~~ ~I ;1 :ß cd'J - ( ) I O[7¡ I- J") ~¡;> ~ wi I '0 is ¡; .~ I II;! I ~~ !š::~, ü11 {fJ~ z5~ I I ~tj ~§ð' II ...J~ VJVJ II "'",... ~o"" II ~ ~ II ~ ~'I II ~ r:? III ~Il I II . . '" '" '" w " « "- .. '" N cD Ii o II , I EXHIBIT "A" SKETCH OF DESCRIPTION LYING IN SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST ST. LUCIE COUNTY, FLORIDA NORTH LINE OF THE ¡ r NORTHWEST 1/4 OF SECTION '1 ----- NORTH 33,00 FEET OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST '0 a d a LO "0 ~ ¡;; LO GRAPHIC SCALE 1SO 0 7S 1M ~---~ ( IN FEET ) 1 inch = 150 It. 107,00' NORTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST, LUCIE COUNTY, FLORIDA NOTE: SUBJECT TO FPL EASEMENT RECORDED IN DEED BOOK 75, PAGE 251, LOCATED ALONG EXISTING RIGHT-OF-WAY DATED MAY, 1927. LEGEND 12.00' w ADDITIONAL RIGHT-OF-WAY DEDICAllON NOTE: IT APPEARS THAT THERE IS AN ERROR WITHIN O.RB. 234, PAGE 1999, SEE SURVEY BY JOHN G. ALBRITTON & ASSOCIATES, INC" DRAWING NO. C-441, DATED 5/20/03 FOR ADDITIONAL GRAPHIC DEPICTION OF Q.RB. 234, PAGE 1999. 107.00' * RIGHT-OF-WAY BASED ON STATE OF FLORIDA STATE ROAD DEPARTMENT RIGHT-OF-WAY MAP, SECllON NO. 94550-2601. FPL EASEMENT (E. 10' OF W. 45' OF NW 1/4 ORB 240, PAGE 1262 OF NW 1/4 SEC 11 ) o a N '" --T- I '12.00' I 10700' , . I SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY. FLORIDA SURVEYOR'S NOTES AND CERTIfiCATION. NOTE: SEE SHEET 1 OF 2. FOR DESCRIPTION, THIS IS NOT A SURVEY CREECH ENGINEERS. INC_ ClI"'~'_""T'iDJ"'" s....o............o 2000 H.t. ..ENSÐt SE'.AQi BLW.. -ÐfS[N BEN:H. F\.CHDA ;)4tð7 (772] """14t3 mas .wIO If """'111\ M~ NÐ 'JAU.Þ.HMSU n.. IONICI a PIKJ"USQIo'AI. (N1IN([R5, ŒAT'f'IC.I.tE Œ AUJ!.fCRZ.l.11CN IMIIIER S13t ""CFtsSfJiJol. SlR'Æ'1'œ5 AND WN'P[R!., 'w[laD ŒIIT\I'1CIt.It ~O, 18.00I)IJ't'œ sr. LUCIE COUNTY PARK ADDfTlONAL RIGHT-QF-WA Y DEDICAllON BSD.04-l0/9l This instrument prepared under the direction of: Laurice C. Mayes, Esq. Sketch & Legal Description Prepared by: Creech Engineers, Inc. Document prepared by: Diana Helmer (08-14-07) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. Item/Segment No, Section No. Managing District: S.R. No. County: N/A N/A 94550-2601 04 607 St. Lucie RES 0 L UTI 0 N 07-275 ON MOTION of County Commissioner seconded by County Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No, 607, Section No. 94550-2601, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands now owned by St. Lucie County be acquired by the State of Florida Department of Transportation: and WHEREAS, said property is not needed for County purposes: and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposes, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, that the application of the State of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which are in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for oounty purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of St, Lucie County in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $ BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309, STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of adopted by the Board of County Commissioners of St. Lucie a meeting held on the day of a Resolution County, Florida at 200 Print Name: Clerk Board of County Commissioners St. Luoie County, Florida I TO: BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST ITEM NO, C2C DATE: September 18, 2007 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi-JD [ ] CONSENT [X] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Harmony Heights Stonnwater Improvement Nancy Roberts and Raymond UccifeITÍ Parcel I.D, 1431-801-0221-000/1 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Harmony Heights SLC Stonnwater Imp. - Stonnwater Management Funds are available in: Account 101002-3725-561007-42507 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve a Contract for Sale and Purchase from Nancy Roberts and Raymond Ucciferri for the purchase price of $72,000,00, authorize the Chainnan to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. [~ APPROVED [ ] OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: Dou as . Anderson County Administrator 1~~ [x] County Attorney: I Review and Approvals I' [x] Engineering: At1¡'? [x] Public WorkS:~ -<' " [x] Originating Dept: J [;.1'- PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: September 18, 2007 SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvement Nancy Roberts and Raymond Ucciferri Parcel LD, 1431-801-0221-000/1 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Harmony Heights neighborhood, The County selected the above-mentioned parcels for part of a dry retention pond for their location to the canal. The Board recently approved purchasing the two parcels to the East, making this an excellent pond site. Nancy Roberts and Raymond Ucciferri expressed an interest in working with the County on this project. A contract was presented to them for $55,000.00. Ms. Roberts made a counter-offer of $75,000,00. Staff contacted Callaway & Price, Inc., the County's independent appraiser, who stated $72,000,00 is within their range of value, which Nancy Roberts and Raymond Ucciferri accepted. The acquisition will allow for the first phase of construction to begin. RECOMMENDATION: Staff recommends the Board approve a Contract for Sale and Purchase from Nancy Roberts and Raymond Ucciferri for the purchase price of $72,000.00, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, ·L-f~ ("! Ann Riley Property Acquisition Manager Harmony Heights Storm~aterImprovements YVONNE DR MATANZAS AVE Legend l- II) Q II: ... ... z l- II) Q i!i ... z AVIENDAAVE l- 'll) -----, :;¡ , 0- i'" jZ i , I n! JUANITA AVE OsaAo.ER SLLudeCDUrl'tmMIsno..........~ortJI¡rwty. Ð1ht COIIDI'It 1iiØlþlnœ..:anc¡. tIn&rl&!lS.oraxnplhl'Ml! ( tltitllÞ"þtlaMrllinfa'mI!IIon l'Ol>'lCSÞðI'lllftin.n.l'fl!ldIr~OJIr ralWil:lllhe~proyidll!lKr..torMyI8l!!iDn_ S.luci!l l1li C\:IInf!{øxplcllydis:l5ns~r"""I2I!lS1d_S'Iti8!I. Contracts accepted by the Board._.__."",,",,___m""'_ lW1Ø'buIS$fa'apnculll'P/fPDS8. !I.LuoeCOurfyslllllllmUlIIII 1KI..."rcr.1./Iffl..-øs.cmS!lØ1S,Uil'lll:ttdcieslolhe nonnllkn~KIPI8S6~l1aIIIfca9ld;irLArri clildsionmaorllldknláœnarldtj & lr¡I..,promin relíllnœuponfrfii1b'n1lflonordl!l&fum1Shødh_dor .. Subject parcel ----....j _.--.'----'.-.-',- II: Q 8 ~ :I: o .... N A -'" /-.- ,.-.:;s CIII ? -~h September 2007 PROJECT NAME: Harmony Heights Stormwater Project PARCEL: Nancy R. Roberts and Raymond P. Ucciferri Parcel # 1431-801-0221-000/1 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this J.i.cf. day of a"~lLbf , 2007. RAYMOND P. UCCIFERRI and NANCY R. ROBERTS. as Joint Tenants and not as Tenants in Common. whose mailing address is 90 Wire Mill Road. Stamford. CT. 06903 hereinafter referred to as SELLER and, ST. LUCIE COUNTY. a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 hereinafter referred to as PURCHASER,upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Seventy-Two Thousand and 00/100 Dollars, determined to be the total of the following: ($72.000.00) Real Property other Improvements upon the Land (described, if any) Other (describe) $72.000.00 $ N/A $ N/A payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. . PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No-Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as ofthe date of closing. Credits and charges forthe day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or.damage prior to closing and the property 2 shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before September 28. 2007 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. ~ 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall 4 fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of ariy existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as óf and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific perlormance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. " 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or . local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors orthe 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. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. . ~ by SELLER this ~(, If&day of ~,.. { . 2007. . . . ~I'!\\.¡. ~, æa.¡rwo.<L /. tf=þ" ßt· W tness ~ 1\If\t ì 't- '1,ft<\ wN ~ ~, ~. f!(jfl. ~.. ~ '-AAVMOND P. UCCIFERRI ¡(Ja¿J ~ . Joint Tenants and not Tenants in Common W1tness ~ ß !Jw7i/ STATE OF ~d- COUNTY oJ~ ) The foreijoing instrument was acknowledged before me this ~.'Þt.- day of r · 2007, by Raymond P Ucciferri who is personally known to me or who has pro uced a drivers license issued within the last five years as identification. Stamp: ~yJ. ~~ Notary Public. . . '/ h. YJovI- (!.,o fY'I,"/. SlIM..) 1l4p /I:·¿5 4/& Þ(n J ~~ ~\f\-\fì\ , Witness'Ö{ N'NII::.. '1ò(¿ÓWN rØf!t!jÇ~P"---', Witness tJ t1ò )? HWV ~.~.~ Joint Tenants and not Tenants in Common STATE OF (!.DIVNt!Æ>..LC4 ~ COUNTY OF ~ii2¡:Ié. LlJ ) - The foregoing instrument was acknowledged before me this ~I-/.- day of l.l¡/. u~J- '-',2007, by Nancv R. Roberts who is personally known to meorwho has produced '~e issued within the last five years as identification. Stamp: /kJo ~. ~. Notary Public ' , ¡ l Yhj c.olhm/~$9o~ U'r£~.6. 4¡fJJð p-o II EXECUTED by PURCHASER this day of , 2007 ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS County Attorney '7 EXHIBIT "A" Lot 1, 2 and Lot 3, Block 20, as shown on a map entitled Harmony Heights, Addition Four, and recorded in the Office of the Clerk of the Circuit Court on December 4,1953, in Plat Book 9, Page number 71. So"! EXHIBIT "8" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES Î-/V Q EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS )c/a- 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS </L /tV 11 EXHIBIT "E" POLICIES OF INSURANCE fi-/ (Ù 12 ,- . " , ", ^rJV tèjl)"/ 17/ DURABLE POWER OF AITORNEY IN ACèORDANCE WITH THE llllNOIS STATUTORY SHORT FORM POWER OF A'ITORNEY FOR PROPERTY NOTICE: THE PURPOSE OF THIS POWER OF ATfORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO PLEDGE, SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY wrmOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS FORM DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE EXERU:SJW, YOUR AGENT WILL HAVE TO USE DUE CARE TO Acr FOR YOUR BENEFIT AND IN ACCORDANCE WITH TBISFORM" AND-:KEEP A RECORD OF RECEIl"TS, DISBURSEMENTS--AND' SIGNIFICANT ACI10NS TAKEN AS AGENT. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT JF lTFlNDS THE AGENT IS NOT ACI1NG PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS FORM BUT NOT CO-AGENTS. UNLESS YOU EXPRESSLY LIM1T THE DURATION OF THIS POWER IN THE MANNER PROVIDED BELOW, UNTn. YOU REVOKE THIS POWER OR A COURT ACI'lNG ON YOUR BEHALF TERMINATES IT, YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN .AFI'ER YOU BECOME DISABLED. THE POWERS YOU GIVE YOUR AGENT ARE EXPLAINED MORE FULLY IN SECTION 3-4 OF THE ILLINOIS "STATUTORY SHORT FORM POWER OF ATfORNEY FOR PROPERTY LAW" OF WHICH THIS FORM IS A PART. THAT LAW EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER OF ATfORNEY YOU MAY DESIRE. (IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDEBSTAND, YOU SHOULD ASK A LA.WYER. TO EXPLAIN IT TO YOU.) POWER. OF A1TORNEYmadethi~of~.t2. .2006. 1. I, RAYMOND P. UCCIFERRI, of 201 Trowbridge Road. Elk Grove Village, lllinois 60007, hereby appoint my Cousin, NANCY R. ROBERTS, of 90 Wll'e Mill Road, Stamford, CT 06903, as my attorney-in-fact (my n Agent") to act for me and in my name (in any way I could act in person) wi1h respect to 1he fonowing powers, as defined in Section 3-4 ~ftb.e "Statutory Short Form PO'Wel' of Attorney for Property Law" (mcluding all amendments) but subject to any limitations on or additions to the specified powers inserted in. paragraph 2 or 3 below: (YOU MUST STRIKE OUT ANY ONE OR MORE OF THE FOLLOWING CATEGORIES OF POWERS YOU DO NOT WANT YOUR AGENT TO HAVE. FAD..URE TO STRIKE T'JB TITLE OF ANY CATEGORY Wß.L CAUSE THE POWERS DESCRIBED IN THA..... CATEGORY TO BE GRANTED TO THE AGENT. TO sTRIKE OUT A CATEGORY YOU MUST D:aAW A LINE TBROUGHTBE TII'LE OF THAT CATEGORY.) (a) Real estate transactions. (b) Financial institution transactions. (c) Stock and bond transactions. (d) Tangible personal property 1ransaCtions. 1 ¡1ø~ (e) Safe deposit box transactiODS. (f) Insurance and annuity t:ransaetions. (g) Retirement plan 1ranSaCtions. (h) Social Security. employment and military service benefits. (i) Tax matters. G) Claims and litigation. (k) Commodity and option transaetions. (1) Business operations. (m) BoII'owing transactions. (n) _Estate transactions. . (0) All other property powers and 1ransaCtions. (LIMITATIONS ON .AND ADDmONS TO THE AGENT'S POWERS MAY BE INCLUDED IN THIS POWER OF ATIOBNEY IF THEY ARE SPECIFICALLY DESCRIBED BELOW.) 2. The powers granted above shall not include the following powers or sball be modified or limited in the following particulars (here you may include any specific limitations you deem. appropriate. such as a probibition or COnditioDS on the sale of particular stock or real estate or special roles on botrowing by the agent): No Limi1ations 3. In addition to the powers granted above, I grant my Agent the following powers (here you may add any o1her delegable powers including, without lim.itatio~ power to make gifts, exercise powers of appointment, D3Dle or change beneficiaries or joint tf'3'UInt& or revoke or amend any trust specifically lderred to below): (YOUR AGENT WllL BA VE AUTHORl'lY TO EMPLOY OTwac. PERSONS AS NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS GRANTED IN THIS FORM, BUT YOUR AGENT WIlL HAVE TO MAKE AIL DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE RIGHT TO DELEGATE DISCRETIONARY DECISION-MAKING POWERS TO OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE, OTHERWISE IT SHOULD BE STRICKEN OUT.) 4. My Agent sball have the right by written instmm.ent to delegate any or all of the foregoing powers involving discretionary decision-D1ßking to any person or persons whom my Agent may select, but such delegation may be amended or revoked by any Agent (mcluding any successor) named by me who is acting under this power of attomey at the time of refeIence. (YOUR AGENT WllL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES INCURRED IN ACI'ING UNDER THIS POWER OF ATrORNEY. STRIKE OUT THE NEXT SENTENCE IF YOU DO NOT WANT YOUR AGENT TO AlSO BE ENTITLED TO REASONABLE COMPENSATION FOR SERVICES AS AGENT.) 2 5. My Agent shall be entitled to reasonable compensation for services rendered as Agent under this power of attorney. (THIS POWER OF ATfORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY TIME AND IN ANY MANJ.'ŒR.; ABSENT AMENDMENT OR REVOCATION, THE AUTHORITY GRANTED IN THIS POWER OF ATfORNEY WILL BECOME EFFECTIVE AT THE TIME THIS POWER. IS SIGNED AND Wß.L CONTINUE UNTIL YOUR DEA1H lJNLESS A LIMITATION ON THE BEGINNING DATE OR DURATION IS MADE BY INITIALING AND COMPLETING K£lUJ!iK(OR BO'lH) OFTBE FOLLOWJNG:) 6. (x) This Power Of Attorney shall become effective on my signing it 7. (x) This Power Of Attorney shall t~inAtP. on the date of my death. (IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT TIŒ NAME(S) AND ADDRESS(ES) OF SUCHSUCCESSOR(S) INTBE FOLLOWING PARAGRAPH.) _ 8. If any Agent named by me shall die, become incom~ resign or refuse to accept the office of agent. I name the following (each to act alone and successively in the order named} as successoI(s) to such agent: my Cousin's Husband, DAVID L ROBERTS, of 90 Wire Mill Road, S1amford, CT 06903. telephone number 203-322-9508. For purposes of this paragraph 8. a person sba1l be considered to be incompetent if and while the person is a minor or an adjudicated incompetent or disabled pea;on or the person is unable to give prompt and in1elligent consideration to business matters, as certified by a licensed physician. (IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE, IN1.1IE EVENT A COURT DECIDES THAT ONE SHOULD BE APP01NTED. YOU MAY, BUT ARE NOT REQ1JIRED TO, DO SO BY lŒTAlNlNG TØI'. FOLLOWING PARAGRAPH, THE COURT WILL APPOINT YOUR AGJ!'.NT D'THE COURT FINDS THAT SUCH APPOJN'IMENT WILL SERVE YOURBJi'Sl' INTERESTS AND WELFARE. S'l'B1tŒ OUT PARAGRAPH 9 D'YOU DO NOT WANT YOtJR.AGENT TO Acr AS GUARDIAN.) 9. If a Guardian of my estate (my property) is to be appointed, I n(lTl'1mrte the agent WIder this power of attorney as such guardian, to serve wi1hout bond or liQ..witý. 10. I am fuJly infoøned as to all the contents oftbis fmm and understand the full import of this grant of powers to my Agent Sigœd: ~.6ft~W~1'ïJøYJnL - Ucciferr4 Principal 3 The undersigned witness certifies that Raymond P. Ucciferri, known to me to be the same person whose name is subscribed as principal to the foregoing power of attorney, appeared before me and the Notæy Public and acknowledged signing and delivering the instrument as the free and voluntary act of the principal. for the uses and purposes therein set forth. I believe him or her to be of sound mind and memory. ...Pated: ~P- e2~¡ ,;2QOb.. ~~ WrtneSS ( f'~ L.u· ~I"¡¡) State ofDlinois ) )SS Coun1y of Cook ) The undersigned.. a NotaIy Public in and for the above County and State, certifies that Raymond P. Ucciferri.. known. to me to be the same ~n whose name is subscribed as principal to the foregoing power of attorney, appeared before me and the additional witness, in person, and acknowledged sigrñng and delivering the instrument as the free and voluntary act of the principal, for the uses and ~ses therein set forth. Dated: ,;,ø6 This instnDnentprepared by: .Rtr,p J. ])eMœrte/Izere AtúJmey at ÚlW 1701 E. woodfle14llJJa4, Suite 1101 SduuIInburg,lL 60173 (847) 605-8155 4 Section 34 of the Illinois Statutory Short Form Power of Attornev for Proœrtv Law Section 34. Explanation of powers granted in the statutory short form power of attorney for property. This Section defines each category of powers listed in the statutory short fOO11 power of attorney for property and the effect of granting powers to an agent. When the title of any of the following categories is retained (not struck out) in a statutory pro~ fOI!". the effect will~ tograntthe agent_~1 of theprinàpal's rights, powers and discretions with respect to the types of property and transactions covered by the retained category, subject to any limitations on the granted powers that appear on the face of the form. The agent Will have authority to exercise each granted power for and in the name of the principal with respect to all of the principal's interest in every type of property or transaction covered by the granted power at the time of exeråse. whether the principars interests are direct or indirect, whole or fractional. legal. equitable or contractual, as a joint tenant or tenant in common. or held in any other fo011; but the agent will not have power under any of the statutory categories (a) through (0) to make gifts of the principal's property, to exercise powers to appoint to others or to change any beneficiary whom the principal has designated to take the principars interests at death under any will, trust, jomt tenancy, beneficiary form or contractual anangemenl The agent witl be under no duty to exercise - granted powers or to assume control of or responsibifIty for the principal's property or affairs; but when granted powers are exercised. the agent Will be required to use due care to act for the benefit of the -principal in accordance with 1he terms of the statutory property power and will be 0abIe for negligent exercise. The agent may act in person or through others reasonably employed by the agent for that purpose and will have authority to sign and derIVer all ïnstrumen1S. negotiate and enter into all agreements and do all other acts reasonably necessary to implement the exercise of the powers granted to the agent (a) Real =tate transactions. The agent is authorized to: buy, sell, exchange. rent and lease real estate (which term includes. without limitation. real estate subject to a land trust and all beneficial interests in and powers of direGtion under any land trust); collect all rent, sale proceeds and earnings from real estate; (convey, assign and accept title to real estate; grant easements, Clðate conditions and release rights of homestead with respect to real estate;) aeate land trusts and exercise aU powers under land trusts; hold. possess. maintain, repair, improve. subdivide. manage. operate and insure real estate; pay, contest, protest and compromise real estate taxes and assessments; and, in general, exercise all powers with respect to real estate which the principal could if present and under no disabDity. 5 (b) Financial institution transactions. The agent is authorized to: open, close, continue and control all accounts and deposits in any type of financial institution (which tenn includes, without limitation, banks, trust companies, savings and building and loan associations, credit unions and brokerage firms); deposit in and withdraw from and write checks on any financial institution account or deposit; and, in general, exercise all powers with respect to financial institution transactions which the principal could if present and under no liability. (c) Stock: and bond transactio~s. The agent is authorized to: buy and sell all types of ~~ (which term includes, without limitation, stocks, bonds, mutual funds and all ~ other types of investment securities and financial instruments); collect hold and safekeep aU dividends, interest, earnings. proceeds of sale, distributions, shares, certificates and other evidences of ownership paid or distributed with respect to securities; exercise an voting rights with respect to securities in person or by proxy, enter into voting trusts and consent to limitations on the ñght to vote; and in general exercise aD powers with respect to securities which the principal could if present and under no disability. (d) Tangible personal property transactions. The agent is authorized to: buy and sell, lease, exchange, oollect, possess and take tiDe to aU tangible personal property; move, store, ship, restore, maintain, repair, improve, manage. preserve, insure and safekeep tangible personal property; and, in general, exercise all powers with respect to tangible pefSOnal property which the principal could if present and under no disability. (e) Safe deposit box transactions. The agent is authorized to: open, continue and have access to all safe deposit boxes, sign renew, release or terminate any safe deposit contract; dñU or surrender any safe deposit boX; and, in general, exercise all powers with respect to safe deposit matters which the principal could if present and under no åasability. (f) Insurance and annuity transactions. The agent is authorized to: procure, acquire, continue, renew. terminate or otherwise deal with any type of insurance or annuity contract (which tenns include, without limitation, life, accident, health, disability, automobile casualty, property or Uablity insurance); pay premiums or assessments on or surrender and col1ect an distributions, proceeds or benefits payable under any insurance or annuity contract; and, in general, exercise aU powers with respect to insurance and annuity contracts which the pñncipal could if present and under no disability. (g) Retirement plan transactions. The agent is authorized to: contribute to, withdraw from and deposit funds in any type of retirement plan (which term includes, without limitation, any tax qualified or nonquaUfied pension, profit sharing. stock bonus, 6 employee savings and other retirement plan, individual retirement account, deferred compensation plan and any other type of employee benefit plan); select and change payment options for the pñncipal under any retirement plan; make rollover contributions from any retirement plan or other retirement plans or individual retirement accounts; exercise all investment powers available under any type of self-direåed retirement plan; and, in general exercise all powers with respect to retirement plans and retirement plan account balances which the principal could if present and under no disability. . (h) Social Security, unemployment and military service benefits. The agent is authorized to: prepare, sign and file anydaim or application for Social Security, unemployment or military service benefits; sue for, settle or abandon any claims to any benefit or assistance under any federal, state, local or foreign statute or regulation; control, deposit to any account, collect, receipt for, and take title to and hold aD benefits under any Social Security. unemployment, mBltary service or other state, federal, 10cal or foreign stabJte or regulation; and, in general, exercise aU powefS with respect to Social Security, unemployment, military service and governmental benefits which the principal could if present and under no disabßity. (i) Tax matters. The agent is authorized to: sign. verify and file all the principal's federal, state and local income. gift. estate. property and other tax returns, including jÓint returns and declarations of estimated tax; pay aD taxes; claim, sue for and receive all tax refunds; examine and copy aft the ptindpars tax returns and records; represent the principal before any federal, state or local revenue agency or taxing body and sign and deliver aU tax powers of attomey 00 behalf of the principal that may be necessary for such purposes; waive and sign all documents on behalf of the principal" as required to settle, pay and detennine aft tax liabilities; and in general. exercise all powers with respect to tax matters which the principal could if present and under no disability. (j) Claims and litigation. The agent is authorized to: institute. prosecute. defend, abandon, compromise. arbitrate. settle and dispose of any claim in favor of or against the principal or any property interes1s of the principal; collect and receipt for any claims or settlement proceeds and waive or release aft rights of the pñncipal; employ attorneys and others and enter. into contingency agreements and other contracts as necessary in connection with litigation; and, in general. exercise all powers with respect to clams and litigation which the principal could if present and under no disability. (k) Commodity and option transactions. The agent is authorized to: buy, sell, exchange, assign, convey. settle and exercise commoälties futures contracts and call and put -options on stocks and stock inåtœS traded on a regulated options exchange and collect and receipt for all proceeds of any such transactions; establish or continue option accounts for the principal with any securities or futures broker, and, in general, exercise 7 , - all powers with respect to commodities and options which the prinåpal could if present and under no disability. (I) Business operations. The agent is authoñzed to: organize or continue and conduct any business (which term includes, without limitation, any farming, manufacturing, service, mining, retailing or other type of businesS operation) in any form, whether as a proprietorShip, joint venture, partnership, corporation, trust or other legal entity; operate, buy, selL expand, contract, terminate or liquidate any business; direct, control, supervise, manage or participate in the operation of any business and engage, compensate and. discharge business managers, employees, agents, attorneys, accountants and consultants; and, in general, exercise all powers with respect to business interests and operations which the pñncipal could if present and under no disability. (m) Borrowing transactions. The agent is authorized to: borrow money; mortgage or pledge any real estate or tangible or intangible personal property as security for such purposes; sign, renew, extend, pay and satisfy any notes or other forms of obligation; and, in general, exercise aU powers with respect to secured and unsecured borrowing which the principal could if present and under no disability. (n) Estate tIansactions. The agent is authoñzed to: accept, receipt for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, clam and recover any legacy, bequest, deVise, gift or other property interest or payment due or payable to or for the pñncipal; assert any interest in and exercise any power over any trust, estate or property subject to fiduciary control; establish a revocable trust solely for the benefit of the principal that tenninates at the death of the principal and is then distributable to the legal representative of the estate of the principal; and, in general, exercise all powers with respect to estates and trusts which the principal could if present and under no disability; provided, however, that the agent may not make or change a will and may not revoke,or amend a trust revocable or amendable by the principal or require the trustee of any trust for the benefit of the principal to pay income or principal to the agent unless specific authority to that end is given. and specific reference to the trust is made, in the statutory property power form. (0) All other property and tIansactions. The agent is authorized to: exercise all possible powers of the principal with respect to an possible types of property and interests in property, except to the extent the principallimils the generality of this category (0) by striking out one or more of categories (a) through (n) or by specifying other limitations in the statutory property power form. 8 Page 1 of 1 Janet Licausi - Re: Harmony Heights From: To: Date: Subject: "CPI" <cpi@cpftp,com> "Janet Licausi" <Licausij@stlucieco.gov> 8/3/200711:36 AM Re: Harmony Heights .-....................-.-................. ..·_'·n_'·_'·.._~.··"_·_·_n."~_._.....,~_"'__~,,~,,_. _,~,.,~__."""..._.,_~~._~__".~"~.^<,,.~,,_..,,._...,_,.,".__.~."~.~,,,.._..'_M."".,.._.,"~,,,~.. . ~ "~~'-"-"'." -~'. ...-.----.-"'~__..."...,....._ ,..,_...,.~~.w,,··_····_".M·_@""··~_~,,···_.,v~ The value range of the sales (after adjustment) was $2.04 - $3.28. The offer at $75,000 is $3.42 per square foot, approximately 5% above the high end of the range. Harry D. Gray, MAl ----- Original Message ----- From: Janet Licausi To: cpi@cpftp.com Sent: Thursday, August 02, 2007 9:25 AM Subject: Harmony Heights You prepared an appraisal for us in Harmony Heights, Parcel ID 1431-801-0221-000/1, Blk 20, Lots 1,2, and 3, Ms. Roberts has made a counter offer of $75,000.00 and I would like to know if this is in your range of value and if it is not what would the value be that the County could counter-offer. file://C:\Documents and Settings\Administrator\Local Settings\Temu\XPl!I1Jwise\46B31320ST J':M A TT ,nVH R/1/2007 ProDe", Address 1431-801-0221-0001 Census Tract 9.02 LENDER DiSCRETIONARY USE Citv Fort Pierce County St Lucie Stale FL Zio Code 34946 Sale Price $ Leoal DeseriDtion Harmonv Heiohts No 4 Blk 20 Lots 1 2 and 3 (OR 456-2312) Date OwnerlDeeu"nt Raymond P Ucciferri & Nanev R Roberts Ma Reference 34-40-31 Mortgage Amount $ o. Sale Price S N/A Date of Sale N/A PrÐperty Rights Appraised Mortgage Type loan charaes/conccssions to be Daid bv seller $ N/A ŒJ Fee Simple Diswunt Points and Other Conces'jions R.E Taxes $ 7BB.D4 Tax Year 2006 HOA SIMo. N/A 0 leashold Paid by Seller $ LenderlClient St Lucie County, Property Acouisition Division 0 Condominium (HUDNA) 2300 Virainia Avenue. Fort Pierce FL 349B2 I PUD Source LOCATION ~ Urban ~ Suburban \", Rural NEIGHBORHOOD ANALYSIS ""' -, fail ,~ BUILT UP 00 Over75% 025·75% o Under 25% Employment Stability 00000 GROWTH RATE o Rapid 00 Slable o Slow Convenience to Employment 00000 PROPERTY VALUES o Increasing 00 Stable o Declining Convenience to Shopping 00000 DEMAND/SUPPLY o Shortage ~ In Balance R Over Supply Convenience to Schools 00000 MARKETING TIME LJ Under 3 Mos. X 3-6Mos Over 6 Mas Adequacy of Public Transportation 00000 . PRESENT LAND USE % LAND USE CHANGE PREDOMINANT SI\k.iLfFMviLYHOUSlNG Recreation Facilities 00000 . Single Family 400/, Not Likely 00 OCCUPANCY PRICE AGE Adequacy of Facil~ies 0 0000 :.. 2-4 Family ---wI. Like~ 0 OWner 00 $(000) ~lsl Property Compatibility 00 000 Multi-Family ---wI. In process 0 Tenant 0 ~Low~ Protection from Detrimental Cond, 00000 Commercial ----:;õo/. To: Vacant (0-5%) 00 -----1Q.Q Hlgh----..êQ. Police & Fire Protection 00000 Industrial ----0% Vacant (over 5%) 0 Predominant General Appearance of Properties ~R8R Vacant 4Do/, 100· 20 Appear to Market Note: Race or the racia! composition of the neighborhood are not considered reliable appraisal factors. COMMENTS:rhe subiect neiohborhood is located north of OranGe Avenue west of 25th Street south of SI. Lucie Boulevard and west of Kinos HiGhwav. Access to the subiect is oood via Juanita Avenue. Proximity to emplovment, schools, and services is considered good. Overall appeal to the market is considered aood. Prooertv vaiues in the neiGhborhood are stable comoared to the raoid aooreciation over the oast several vears. As a result resales have slowed with marketino times increased to over 3 months. Tvpical financinG is available. Dimensions 156.31 x 140.5' T apography Basicallv Level Site Area 21,960 SoH. Gomer Lot Yes Size Laroe for Area Zoning Classification RS-4 Zoning Compliance Yes Shape Rectanoular HIGHEST & BEST USE: Present Use Vacant Other Use SFR Drainage Anoears Adeouate UTILlTI ES PUblic Other SITE IMPROVEMENTS Tyl'" Public Private View Tvoical Electricky ŒJ Street Stabilized Dirt 00 0 Landscaping Tvoical Gas 0 None Curb/Gutter None 0 0 Driveway None Water 0 Well S~ewalk None 0 0 Apparenl Easements TYOicàl Utilitv Sanitary Sewer 0 Semtic Street Lights None R R FEMA Flood Hazard Yes' - No Zone X Storm Sewer Fí None Allev None FEMA' Mao/Zone 1202860176G 08/19/1991 Comments (Apparent adverse easements. encroachments, special assessments, slme amas. etc.): No adverse easements or encroa.chments noted. The undersigned has recIted Ihlee lecenl sales or properties most simili8r 8nd prOKimale 10 subject and has consldeled these In the market analysis. He description include~ a dollar adjuslmen¡, reflecting mal~el reaclion 10 those items olsignificanl varialion between Ihe subject and comparable ploperties. !fa significant ilem in the comparable prope!!y is superior to, or more favorable thßn, Ihe subject propert~, .6 II\lnH (.j IdJuslmenl is made, thus reducing the indicated value I/f 5ubject: if a significant ilem in the c(llI\parable i. inferiol 10. or less favorable than, the subject properly, /I plus (+) IIdjustmen! is made, thus increasing the indicated villue vf the 5ubjeCL ITEM SUBJECT CDMPARABLE NO 1 COMPARABLE NO.2 COMPARABLE NO.3 1431-801-0221-0 2405-601-0440-0000 1431-801-014B-0005 2405-601-0219-0002 Address Fort Pierce Fort Pierce Fort Pierce Fort Pierce Proximity to Subject 0.91 MILES 8 0.05 MILES S 0.76 MILES SSE Sales Price $ N/A .. ." $ 45 000 $ 42 000 .... $ 50 DOO Pr~eI SQuare Foot S ø $ 2.04Ø $ 2.74Ø ..... $ 3.2BØ .. · Data Source Public Records Public Records Public Records · VALUE ADJUSTMENTS DESCRIPTION DESCRIPTIDN i ~(·)SAMtS1mei1 DESCRiPTIDN I ~(-)SMIlI!.1mert DESCRIPTlDN I ~(.I$AdiJ~ · Sales or Financing , Concessions Conv Con v , Conv , · 02/05/2007 : 01/26/2007 : 06/09/2006 : · Date 01 Salemme location Suburban Suburban Suburban Suburban , SiteNiew Typical Tycical : TYCical : Tvoical : 156.3' x 140.5' 164.7' x 134.1' : 11 D' . 140.5' : 120'.127.2' : : : : : : : NetAdLltotan XI. I I· ' S o i iXI. I J. '$ o IIXI. Ii. '$ 0 Indicated Value Gross: D'~I Gross: D.O Gross; O~I ofSub'cct Net: 0.0 $ 2.04 Net: 0.0 $ 2.74 Net: 0.0 $ 3.28 Comments of Sales Comparison: See Attached Addendum. Comments and Conditions of Appraisal: The appraisal is made "as is", and subject to the attached limitina conditions. Final Reconciliation: The Sales Comparison Acoroach is considered the most reliable in acoraising the Subiect Prooertv. The Cost Accroach and the income Approach are not a motivation for buvina vacant land in this market I ¡NE) ESTIMATE THE MARKET VALUE. AS DEFINED, OFTHE SUBJECT PROPERTY ASOF June 26, 2007 to beS 55.000 I (We) certify: that to the best of my (our) k.nowledge and belief. the facts and data used herein are true and correct; that I (we) personally inspected the subject property and inspected 'l~mparable, sales cited in this report and tha,t I (we) ~ave no undisclosed interest. present or prospective therein. ApP'alser(s) Jr1 .A AI .L ¡} . J:? , __~. 0, 'ew Appraiser tit ^ ~ ~ ŒJDid o Did Nol C'¡¡1'íle A Beniamin " (l applicable) Harrv D. ÐV. MAl 8RA 1::> Inspect Property Prupne/arylarIJForm04l88 LAND APPRAISAL REPORT File No 07·57807b ÞtodIlCØ!j:alng-'CIMlftll'iII"e.800,lJUl27_.ecrweb,com Callaway & Price, Inc. ADDENDUM BorrO\Ner: N/A Property Address: 1431-60 1-0221-0001 City: Fort Pierce Lender: 5t Lucie County, Property Acquisilion Division File No.; 07 -57807b Case No.: Sta1e: FL Zip: 34946 Statement of Limiting Conditions and Appraisers Certification I certify that, to the best of my knowledge and belief, the reported analyses, opinions and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute. I certify that the use of this report is subject to the requirements of the Appraisal Institute relating to the review by its duly authorized representatives. The use of this report is subject to the requirements of the State of Florida relating to the review by the Florida Real Estate Appraisal Board. As of the date of this report, Harry D. Gray, MAl, SRA had completed the requirements under the continuing education program of the Appraisallnsfitute. This report has been prepared for 81. Lucie County. The intended use was to assist the client in negotiating a purchase price. The scope of work performed is specific to the needs of the intended user and the intended use. No other use is intended, and the scope of work may not be appropriate for other use. Comments on Sales Comparison There were 17 vacant lot sales in the subject neighborhood in the past year. The sale prices range from $13,000 to $45,000 per lot or $1.58to $3.91 per square fool. The average saie price was $2.54 per square fool. The 3 sales shown are the most comparable to the subject property, Most weight was given to Saie 1 as it is the most similar to the subject in size. The subject property was estimated to be worth $2.50 per square foot or $55,000 rounded. AcIdendLm Page 1 of 1 ',of" , AGENDA REQUEST ITEM NO, C :3 DATE: September 18, 2007 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMllTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Waterstone Subdivision - Final release of 5% surety in the amount of $74,741.60 for Phase I BACKGROUND: See attached memorandum. FUNDS AVAILABLE: n/a PREVIOUS ACTION: BOCC approved Emerson Estates PUD Resolution No. 03-240. BOCC approved a 12-month extension for Waterstone PUD (FKA Emerson Estates) Resolution No. 06-041. February 7, 2006 - BOCC granted final plat approval for Waterstone Phase I. September 12, 2006 - BOCC granted a partial release of surety. August 14, 2007 - BOCC accepted the maintenance bond for the required concrete sidewalk RECOMMENDATION: Staff recommends Board approve the final release of surety for Waterstone Subdivision Phase I, and authorized the Chairman to sign. . [)( APPROVED [ ] OTHER Approved 5-0 [ ] DENIED COMMISSION ACTION: [x] County Attorney ~. [x]Orig. Dept Public Works----À\.W~ Waterstone release surety.~ CoordinationlSianatures [ ] Mgt. & BUdget [ ]Exec. Asst , t- " 'V Ix] County Surveyor f2 , ¡-(, H' , [x]Env. Resources \.) " , DIVISION OF ENGINEERING MEMORANDUM TO: Board of County Commissioners FROM: Mike Powley, County Engineer ;"'¡Vp DATE: September 18, 2007 SUBJECT: Waterstone Subdivision - Final release of 5% surety for Phase I The developer has requested the release of the remaining 5% surety in the amount of $74,741,60 for Waterstone Phase I. The record drawings, engineer certificates of completion and the final certificate of occupancy have been reviewed by the Engineering Division staff. ¡Ø --;; .. œoCß!}: (}ljC:JlP/Y1JI£~qE INrÆ.n!Mf£9Vl!S, C CC. March 2, 2007 VIA EMAIL Mr. Ron Hams, County Surveyor, Engineering Department, St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982-5652 Re: Waterstone Subdivision - Release of Bond Dear Ron: This letter serves as a request for St. Lucie County to release the manics which represent the remaining five percent (5%) of the Perfonnance Bond that St. Lucie County is cUITently holding for the Waterstone subdivision. Please advise if you require any additional infonnation in order to effectuate the release of the bond monies. " . IBI GROUP FINAL PHASE ONE ENGINEER'S CERTIFICATION FOR WATER AND WASTEWATER COLLECTION AND PAVING, GRADING AND DRAINAGE FOR WATERSTONE (EMERSON ESTATES), ST. LUCIE COUNTY, FLORIDA IBI GROUP NO. 2309 I hereby certify to the construction completion of Phase I only of the Paving, Grading Drainage, Water and Sewer for the above referenced project which has been constructed in substantial accordance with the plans and specifications approved by S1. Lucie County, and hereby affix my seal this 6th day of March 2007. y-t-07 Date Richard C. Wohlfarth, P.E, Florida Registration No. 20044 State of Florida (SEAL) J:\Pm1pano\Plt)ject\2309_ 4255\AOmin\INSP'ECTI\CTL-ønt-fina .cer'-Wl_å-Iuci~unty-2007-Q3.08.doc 2200 Park Central Blvd, North, Suite 100, Pompano Beach, FL 33064 USA (!J54) 974-2200 FAX (954) 973-2686 JBJ Group, Inc. is a Division of IBI Group ". tJO/¿I,,i;CDf ~u.'"tg , t,....."....,..,.-r..J -- -, .-. --. __, .- . . .-.- --.-- , ~~. . . .: .~. . '. . . . . ~r··~ t..... CERlTlFICATE ()F OCCUPANCY This CertifICate is issued purs~.nt to the l'equ1remetllts of the Florida :oundlng Code certifying that at the time of lauanee this ItractUR ~ in çompliance witb tbe variouI ordinançes 01 St. Lucle County regulating building con.tmdion o'r use. For the (onemiAS: . r B~ilding Pennit No.· 0604-0866 l ParcellFolio Nbr: 13 , ~ -700-~030-000l6 Lot # Block: Subdlvtsiol\: Watmtc)ße Phase One OIcvpøaey: A88irnbly. oIOI¡[,ip,' recreation, amusement & other BuDding Addreu: 88S t W ATBRSTOlœ BLVD PROJ . CLUBHOUSJ!JPOO Legal Description: WA'rERStoNE PHASE ONEPAR,CEL R,.] Permit Job NEW CONSTRUCTION OF A CLUB HOUSE Description Permit Finaled: 08I27n.OO1; ConlrlUltot , ROBBR! C cltA$IN 1688 W HlO1$CUS BLVD MCMAS':\'BR CONSTRUCTION CORP MBLBOuam, FL 32901 (32 t) 953·2441 Chril1topher Lestrange Building Official Monday, August 27, 2007 Date Printed NOTE: This Certlficat~ òf Occupancy 1$ is:sued to the above nllll1cd, fbr buUdlt1¡ at the above named location onl)' \IPOÐ the ~ provillion that the appUcant wlllllbide by and comply wlt!I all the oondldons of Che ZonIng Ordlnttlca Md all Ordlt1Gl1CC$ or Bun~lns: Coda otSalnt Lucie County pgrtalnlng to the erection, CDJ18INctIon or I'CI!KIde1iOS of bulldlnp or structul'ù. Thl8 also OCrtltill8 thBt the electrical wiring andlcr equipment, and the plwnbln¡ work have been lnapeotod and 8ppI'OV¢d. The Ì8øuance of this CertIficate ¡rant¡ pcnn1nìon 10 occupy and UIII CI!e property dc:acrlbcd herein oDly fot the US~ IndÌCIIttKI. Any ehange In use will requirc a IICW CertifiClltc of Occupøncy. ' POST IN A CÓNSPXCUQUS PLACE . 'it . .' AGENDA REQUEST ITEM NO.: C-4A DATE: September 18,2007 CONSENT [X ] REGULAR [J PUBLIC HEARING [J Leg. [ ] Quasi-JD. [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/Disaster Recovery PRESENTED BY: Roberta Breene, Grants Resource Developer SUBJECT: Board approval of a revision to an application to the Florida Ports Council, Seaports Capital Improvement Program for funding not to exceed $90,000 for the $120,000 environmental and engineering assessment of four potential spoil sites and the engineering and permitting of spoil site, if selected. BACKGROUND: In a continued effort to restore Taylor Creek, the County is evaluating 4 spoil sites to be used for the removal of sediment from Taylor Creek. Phase 1 of the project was completed in 2005 with approximately 94,000 cubic yards of sediment removed. Phase 3 will stabilize the severely-eroded bank-sections of the canal to preclude further sediment contribution to these dredged areas and is expected to begin in August 2007. Phase 2 dredging will remove another estimated 100,000 cubic yards of sediment. It is anticipated that permitting for Phase 2 dredging and the spoil site will be completed by March 2008. Phase 2 dredging will start in July 2008. The original application allowed 50% funding by the Florida Ports Council. That amount has now been increased to 75% funding. Therefore, the Florida Ports Council is being requested to provide $90,000 of the $120,000 project. FUNDS AVAIL.: A 25% County match of $30,000 is required for this grant. Funds will be made available in Account 140001-4310-531000-46503, Professional Services, subject to approval of the budget effective October 1 . PREVIOUS ACTION: 8/7/07: Approval of the submittal of a sUbject funding application to the Florida Ports Council in the amount of $60,000. 9/19/06: Approval of time extension, extending FSTED grant contract to September 30,2008. 6/7/05: Approval of time extension extending project to September 30, 2006. 3/16/04: Award of Construction Contract for Phase I Dredging of Taylor Creek in the amount of $2,485,820. 2/17/04: Approval of Work Authorization #4 with BCI Engineers, Inc. in the amount of $7,494 for design of spoil site. 2/4/04: Approval of contract with DMC Engineering in the amount of $24,970 for design of spoil site. 9/30/03: PO# 2313589 for Dredging & Marine Consultants, Inc. for Grant Coordination and Permit Finalization in the amount of $19,990. 8/22/03: PO# 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10,500. 8/22/03: PO# 2313388 for Elab for Analytical Services in the amount of $18,894, 8/22/03: PO# 2313380 for ARC Surveying for Hydrographic Survey in the amount of $18,500. 3/5102: Approval of Work Authorization #3 with BCI Engineers, Inc in the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. 2/5/02: Approval of Work Authorization #2 with BCI Engineers, Inc in the amount of $33,050 for the Taylor Creek .. ~ Restoration Dredging Project Shoreline Stabilization and Improvements Reach 2. 5/1/01: Approval of Work Authorization #1 with BCI Engineers, Inc. in the amount of $137,000 for design and permitting of Taylor Creek Project. 3/7/00: Approval of Work Authorization #14 with Williams, Hatfield & Stoner in the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 2/15/00: Approval of Work Authorization #13 with Williams, Hatfield & Stoner in the amount of $86,900 for sediment testing and analysis. 8/9/99 Approval of WA #11 with Williams, Hatfield & Stoner in the amount of $11,000 for preparation of FIND Grant. 5/4/99 Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process. RECOMMENDATION: Staff is requesting the Board of County Commissioners approve the submittal of an application to the Florida Ports Council, Seaports Capital Improvement Program for funding not to exceed $90,000 for the $120,000 environmental and engineering assessment of four potential spoil sites and the engineering and permitting of a selected spoil site and acceptance of the grant if awarded. COMMISSION ACTION: [~ APPROVED [ ] OTHER: Approved 5-0 DENIED .~. v~ County Attorney: Originating Dept:~~ Finance: (copies only): Mgt & Budget: puJ:¡lic Works: Purchasing: Other: AGENDA REQUEST ITEM NO. C- 4B DATE: September 18, 2007 CONSENT [X] REGULAR [ ] PUBLIC HEARING [ Leg. [ ] Quasi-JD. [ TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants/Disaster Recovery PRESENTED BY: Roberta Breene SUBJECT: Authorize the submittal of a request to the South Florida Water Management District, St. Lucie River Issues Team for the reallocation of approximately $2.500,000 prior year unmatched funding to eligible approved projects that are essentially ready-to-go. and acceptance of the reallocated funds. if awarded. BACKGROUND: The S1. Lucie River Issues Team allocated approximately $1,500,000 in funding for the FY06/07 to the Sandscrub Conservation Easement project and for FY07/08 allocated approximately $1.000.000 to the acquisition of the Teague parcel directly adjacent to the Paleo and Hackberry Hammock projects. Neither of these previously proposed projects had BOCC-approved matching funds. Each of these two projects was submitted for Issues Team funding by the Treasure Coast RC&D Council. a not-for profit organization incorporated by the S1. Lucie Soil and water Conservation District and supported by USDA Natural Resource Conservation Service. Rather than forfeit these funds to back to the State or back to Issues Team. the Treasure Coast RC&D Council has made these funds available to St. Lucie County, subject to Issues Team approval, to help fund ready-to-go projects that meet the criteria for St. Lucie River Issues Team funding. The projects to which the reallocated funding would be applied include: (1) Indian River Estates Storm Water Improvement Project ($1,400,000); (2) Harmony Heights Storm Water Improvement Project ($830,000); (3) Paradise Park Storm Water Improvement Project (Land Acquisition) ($500.000); (4) Hackberry Hammock (Land Acquisition - Grimes and Langel parcel) ($270.000); and (5) Harbor Branch (Land Acquisition) ($1.500.000). (Please see attached for background on each of these specific projects). FUNDS AVAIL.: These funds would require a 1:1 match. Matching funds are available as follows: (1) Indian River Estates Storm Water Improvement Project a. Fund # 102109-3725-563000-425056. Indian River Estates Storm Water Improvement- Infrastructure (2) Harmony Heights Storm Water Improvement Project - Land Acquisition a. Fund # 102804-3725-563000-42507. Infrastructure ($295,533) b. Fund # 102001-3725-56xxxx-42507, Infrastructure ($104.878) c. Short - $14,589 (we can accept less. if awarded. to assure sufficient match. if necessary) (3) Paradise Park Storm Water Improvement Project' a, Fund # 102001-3725-563000-42511 (FY '08. $250,000) (4) Hackberry Hammock (Land Acquisition - Grimes and Langel parcel) a. Florida Communities Trust has committed to providing approximately 39.12% of the purchase cost; Environmental Resources Department has budgeted 60.88% of the purchase cost in Account Number #382-3915-561000-3116, Environmental Lands Capital Funds (approval of purchasing this parcel has not yet come before the Board) (5) Harbor Branch (Land Acquisition) a. Account Fund #317-3920-561000-3120 County Capital- Revenue Share Bond - Environmental Resources - Environmental Regulation - Land. or b. Florida Communities Trust grant submitted and anticipated for $6,600,000 PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends the Board authorize the submittal of a request to the South Florida Water Management District, St. Lucie River Issues Team for the reallocation of approximately $2,500,000 prior year unmatched funding to eligible approved projects that are essentially ready-to-go, and acceptance of the reallocated funds, if awarded. [ XI APPROVED [ ] OTHER: Approved 5-0 DENIED COMMISSION ACTION: ,"",y ",....y, ~ Originating Dept: Finance: (copies only) : Mgt I< Budget: Public Works: purchasing: Other: To: From: Date: Subject: Board of County Commissioners Roberta Breene, Grants/Resource Developer September 4, 2007 BOCC Meeting September 18, 2007, Consent Agenda Item C - 4B - COUNTY" lOR I D A-~ --- Project - Reallocation of St. Lucie River Issues team Funds (Please see attached summaries of each project) Indian River Estates Storm Water Improvement Project Project Summary: Indian River Estates is a low-lying neighborhood, historically subject to flooding, designed in the late 1950s prior to criteria being established for treatment and storage of storm water runoff, and directly adjacent to the Savannas ecosystem. Flooding that occurs in the neighborhood lasts for weeks because the adjacent Savannas water levels rise so high. Floodwater in the neighborhood has no place to go because the existing drainage system outfalls directly to the Savannas State Reserve. In 1997, the local FDEP office documented the impacts that were occurring to the Savannas Preserve due to the untreated storm water runoff coming out of Indian River estates. The entire subdivision (3,600 lots) contains septic tank drain fields for sewage disposal. The slightest amount of nutrient loading in the storm water runoff was shown to cause a large impact to the Savannas ecosystem. St. Lucie County has partnered with the South Florida Water Management District, the Florida Department of Environmental Protection and the Indian River Lagoon National Estuary Program to design the Indian River Estates/Savannas Water Retention Facilities Retrofit Project. The project involves constructing a storm water collection and treatment system to handle storm water runoff from the Indian River Estates Subdivision. Storm water from the subdivision drains untreated into the Savannas State Preserve. This is having a detrimental effect on the Savannas ecosystem. Storm water from Indian River estates Subdivision will be collected and pumped into a retention pond to improve water quality, prior to being discharged to the Savannas. In 1998, the Road and Bridge Division started an Enhanced Maintenance Program to improve storm water swale storage in Indian River Estates. This ongoing program is intended to improve the storage capacity of the swale system to lessen the severity of flooding during heavy rainfall events. The storm water improvement project at hand is a massive two-phase project and not likely to proceed without additional outside funding. Project Status: Acquisition of parcels for what we now call Phase 1 is complete. The location of the pump station will be on a different parcel than anticipated. This caused the County to modify the plans to reflect the new location of the pump station. At the same time the County made a decision to break the project into two phases, with Phase I being the pump station and force main and Phase II being the neighborhood collection system. Phase I bids have been opened with only two bids being received, The low bid was double the construction estimate and subsequently all bids were rejected. Currently the Phase I plans are being revised in anticipation of receiving lower bids. Phase II is anticipated to begin construction shortly after Phase I construction ends. We expect to award the construction contract in October with construction to begin in January 2008 and be completed in about 250 days. Phase I plans are currently being revised. Phase II is anticipated to begin construction shortly after Phase I construction is complete. Previous Issue Team Support: Issues Team committed $1,000,000 to what we now call Phase 1 of this project in FY02-03, where the project ranked ih out of 25 ranked projects. These funds have been combined with $1,000,000 from a State line item and $800,000 in FDEP (319) funds to total $2,800,000. 3 Status of Funds Spent: The Phase 1 construction bids have just been received and have come in at $5,400,000, essentially double what had been anticipated. Although we are re-bidding the project, we now are anticipating essentially a $2,800,000 shortfall. Requested reallocation, of previously-awarded funds, to this project $1,400,000 Match Available: Yes Justification for request to have previously-awarded funds reallocated to this project: This is a high priority project for the residents, the State, FDEP and SFWMD. The $2,800,000 shortfall is a result of an inaccurate estimate being provided in 2001 that, even when properly escalated, did not adequately prepare the County for a doubling of the bid costs. As indicated above, this storm water improvement project is a massive project and not likely to proceed without additional outside funding. Without proceeding, we also risk losing the funding previously allocated. 4 Harmony Heights Storm Water Improvement Project Project Summary: The 300 +/- acre Harmony Heights subdivision is located between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Fort Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed before State water quality regulations were developed and, therefore, has poor storm water conveyances and a lack of storm water treatment areas. Storm water from this area outfalls to the two above-noted canals, both of which discharge to the Indian River Lagoon by means of Taylor Creek. The water quality of the runoff is poor and contains debris, sediment, and contaminants such as oil, grease, fertilizers, pesticides and heavy metals. This area also is served by aging and failing septic systems that could leach into the storm water during rain events, and the area also has unpaved dirt roads that drastically increase suspended sediment within the runoff. When freshwater from the canals initially interfaces with the salt water of the Lagoon, a sediment dropout occurs resulting in significant silt accumulation with toxic materials at the mouth of Taylor Creek. The silt and toxic materials damage sea grass beds and benthic communities and as a result of years of accumulation, Taylor Creek is currently undergoing major dredging, During periods of high volume discharge from the canals, this sediment dropout can occur as far away as offshore reefs and more distant areas of the Lagoon. By reducing and treating outflows from Harmony Heights, silt and toxic material accumulation in the Lagoon and offshore reefs will be reduced. A five-phase project plans to acquire pond sites and design and construct storm water improvements. Project Status: Some land acquisition for Phase 1 pond sites has been completed. The previous design, requiring minimal pond site acquisition, for Phase 1 was not constructible (see Justification below), Phase 1 design is being redone at this time, and is dependent upon pond site acquisition. The identification of potential land for pond sites had recently been expedited in order to facilitate planning and design. Previous Issue Team Support: A previous 50% Issues Team award was allocated in May 2005 in the amount of $336,780, including $31,500 for land acquisition (Phases 1 and 2), $247,780 for construction (Phase 1) and $57,500 for planning and design (Phase 2). This funding, with an extension, expires in May 2008. Status of Funds Spent: The $31,500 allocated for land acquisition has been spent. The construction funds for Phase1 and the design funds for Phase 2 are stalled pending land acquisition for pond sites, Requested reallocation, of previously-awarded funds, to this project $830,000 Match Available: Yes Justification for request to have previously-awarded funds reallocated to this project: This is a high priority storm water project previously supported by the St. Lucie River Issues Team and affecting many people and the health of our water bodies, most notably the Indian River Lagoon, The project has stalled for two reasons: 1. As a result of the hurricanes of 2004-2005 - not because of damage to the project site - but due to the necessary diversion of funds and manpower to address the devastation to St. Lucie County buildings and infrastructure. 7 2. Minimal pond site land acquisition had been anticipated, and minimal funding had been budgeted or sought for acquisition costs, because the original storm water improvement design used easements as pond sites. The original storm water improvement design, although innovative, turned out to be an impractical solution, The design included the construction of linear storage using easements at the rear of homeowners' parcels. Ground truth revealed that homeowners all along the easements had constructed tool sheds, swing sets, gardens and other structures. The existence of these structures was deemed to be an impediment to the practicality of the design. In addition, it was learned that the easement itself did not specify the inclusion of drainage. The County is now aggressively identifying willing sellers in designated or potential pond site development areas and is seeking funding to secure the pond sites. 8 Paradise Park Storm Water Improvement Project Project Summary: Paradise Park is located on North 15th, 17th 19th, 21 and 23 Streets between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed in the 1960's before State water quality regulations were developed, and has poor storm water conveyances and lack of storm water treatment. During rain events, the storm water outfalls directly into the two canals, both of which discharge into the Indian River Lagoon by means of Taylor Creek, approximately one- quarter mile away. Water quality of the runoff from this area is poor and contains debris, sediment and contaminants such as oil, grease, fertilizers and pesticides, which are being deposited into St Lucie County's natural surface water bodies, most notably the Indian River Lagoon which is already undergoing major dredging to remove all of the above contaminants and silt deposits, These pollutants have been determined to be detrimental to the health of the areas natural resources including the Lagoon. The primary purpose of the project is surface water restoration, to reduce fresh water and storm water pollutants outfall to the Indian River Lagoon. The project will reduce fresh & storm water runoff from Paradise Park subdivision into the SFWMD Canal 25 and FPFWD Canal 1. Detention ponds and swales are to be constructed within the Paradise Park subdivision to additionally treat the outfall. The need for this project is identified in the Indian River Lagoon National Estuary Program's Comprehensive Conservation and Management Plan, the Department of Environmental Protection Surface Water Improvement and Management Plan, and the Comprehensive Everglades Restoration Plan, St Lucie County Storm Water Master Plan, St. Lucie County Five Year Capital Plan and St. Lucie County Local Mitigation Strategy. There are 5 phases to this project. Project Status: Construction-ready, we are literally ready to begin construction almost immediately upon receipt of funding. The permit is approved per the SFWMD web site of August 24 2007. Construction funding is needed. Previous Issue Team Support: 1. In May, 2005, we received a contract from Issues Team for $224,596 for Phase 2 land acquisition for Phase 1 and 2 planning, design and construction. 2. Under a separate allocation, SFWMD provided $500,000 in a contract dated January 24, 2004, to include $24,000 for construction and $476,000 for land acquisition. (No phases were identified.) Status of Funds Spent: 1. The Issues Team $224m596 has been spent. 2. Of the SFWMD funds, $256,196 has been spent ($24K - construction; $233K - land acquisition) Requested reallocation, of previously-awarded funds, to this project $ 500,000 Match Available: Yes Justification for request to have previously-awarded funds reallocated to this project: This is a priority project and previously supported by Issues team. It is construction-ready, permits in-hand and ready to go as soon as funding is available. 12 Hackberry Hammock Environmental/Public Land Acquisition Project Project Summary: The proposed acquisition of the Grimes/Langel 20-acre parcel completes the approximately 232-acre Hackberry Hammock project. The project is located in western St. Lucie County. Access is from the east by Carlton Road and from the west by Germany Canal Road. To date approximately 670 acres have been acquired in this project, including Paleo Hammock (prior 80-acre project) and Paleo Hammock Addition (prior 358.5-acre project) and the current Hackberry Hammock project (232 acres), The project site is in an area experiencing heavy development pressure. An adjoining 245-acre parcel is being planned to accommodate 5-acre home sites. Acquisition of the project site will preserve the subject land from development, create valuable publicly owned and accessible lands and add significantly toward the establishment of the planned Cypress Creek Greenway, With the recent nearby acquisition of 333 acres by the South Florida Water Management District, only an additional two phases will be necessary to connect the Paleo Hammock Natural Area to St. Lucie Pinelands (750-acre conservation acre) which is immediately adjacent to Cypress Creek. The purpose of this acquisition and the anticipated benefits to the community are to protect wildlife habitat. The site is generally described as isolated hammocks within the historic Allapattah Flats ecosystem. The County-owned portion of the site contains 43 acres of exotic invasives, 6 acres of wet prairie, 18 acres of citrus grove, and 22 acres of hydric hammock (a portion of which is in a conservation easement). Enhancement activities will include the restoration of 20 acres of citrus grove to a hydric hammock or wet prairie community and restoration of 40 acres of improved pasture to a wet prairie community. This will be accomplished by removal of exotic species, filling ditches, prescribed burns, disking the pastureland, and replanting with native species at a spacing that mimics natural conditions. An additional 158 acres will be acquired through conservation easements. Approximately 16 of these will be left natural; the remaining 142 will be restored to include a marsh/upland preserve, a nature trail, and a lake with two observation platforms. A storm water management system on the 142-acre conservation easement will include a typical control structure that will provide positive drainage and outfall to a controlled canal system. The positive outfall will have the ability to minimize flooding on the surrounding and adjacent properties. It will also facilitate the restoration of marsh and upland areas, creating both wildlife habitat and open space linked to St. Lucie County conservation lands. Project Status: Matching funds are available for this parcel until December 31 2007. The parcel is currently under contract, pending identification of match and SOCC approval. Previous Issue Team Support: A previous FY07/08 Issues Team award allocated $1,000,000 in funding for a parcel we refer to as the Teague parcel. The Teague parcel is adjacent to the overall Hackberry Hammock project, but not within the current phase project boundary and was not subject to SOCC approval for matching funds. (This is one of the two previous awards that we seek to have reallocated,) Status of Funds Spent: Not applicable Previous Issues team has not been sought for the Grimes/Langel parcel, which has a match in-hand. In addition, a funding match could not be secured for the Teague parcel. Requested reallocation, of previously-awarded funds, to this project $270,000 14 Match Available: Yes Justification for request to have previously awarded funds reallocated to this project: This is the last parcel in this planned acquisition phase, A previous Issues Team award allocated $1,000,000 in funding for a parcel (Teague) adjacent to the Hackberry Hammock project, but not within the project boundary and not subject to soee approval for matching funds. (The Teague parcel is one of the two previous awards that we seek to have reallocated.) The acquisition of this Grimes/Langel parcel takes priority over the Teague parcel at this time and in this acquisition phase. Matching funds are available for the Grimes/Langel parcel until December 31, 2007. The parcel is currently under contract, pending identification of match and soee approval. Therefore, the project is ready to go, and the proposed funding can be spent in the very near-term. 15 Harbor Branch Acquisition Project Project Summary: Located in northern St. Lucie County immediately adjacent to the Indian River Lagoon (See attached map), the Harbor Branch project involves the acquisition of 280 wetland acres. The project borders the Indian River Lagoon and includes an approximate two-mile shoreline with the lagoon. The community, however, is separated or "impounded" from the lagoon by a berm constructed in the 1950's for mosquito control purposes. The impoundment has effected a transitioning of the community from its historic mangrove salt marsh status to a freshwater tidal swamp that has become overgrown with exotics including Brazilian pepper and Australian pine. The water filtering function provided by the mangrove marsh has been lost resulting in degraded water quality of the Lagoon, a loss of sea grass beds immediately offshore from the impoundment, and a loss of nursery and foraging habitat vital to numerous marine and bird species. The Harbor Branch project involves not only the acquisition of the project lands for conservation in perpetuity, but the restoration of the tidal swamp community to its historic mangrove salt marsh status. Funds being requested from the St. Lucie River Issues Team Program at this time, however, will only be used to assist in the acquisition of 209.35 acres of project lands. Funds are not being requested for restoration activities. A conservation easement deeded to the South Florida Water Management District and a management agreement currently exists on 70.62 acres of the project. These 70.62 acres, which are the four most northern parcels, are not included in the acquisition part of the project, but will be included in restoration activities since they are ecologically connected to the other parcels and part of the overall 279.97-acre wetland. Project Status: Willing seller letters have been obtained. Required matching dollars have been budgeted. Due diligence studies will be initiated when grant funding is approved. Previous Issue Team Support: Not Applicable Status of Funds Spent: Not applicable Requested reallocation, of previously-awarded funds, to this project: $1,500,000 Match Available: Yes Justification for request to have previously-awarded funds reallocated to this project: Project is prepared to proceed with no anticipated delays. No permits are required. Required match has been budgeted. Acquisition procedures can be initiated as soon as funding is awarded. It is anticipated that acquisition can be completed within 9 months. 18 AGENDA REQUEST ITEM NO. C - 4C DATE: 9/18/07 CONSENT [X] REGULAR [ ] PUBLIC HEARING [] Leg. [ ] Quasi-JD. [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants COMMISSION ACTION: [~ APPROVED [ ] OTHER: Approved 5-0 County Attorney: 9; ~ Originating Dept: ¡r~ Finance: (copies only): SUBJECT: BACKGROUND: FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDATION: AgeUF2002.doc PRESENTED BY: Roberta Breene, Grants Writer Authorize the submittal of an Innovative Recycling grant application to the Florida Department of Environmental Protection (FDEP) and the acceptance of the grant if approved for funding. Grant funds in an amount not to exceed $175,000 will help fund the development of a green classroom at the Oxbow Eco-Center. This competitive grant from the Florida Department of Environmental Protection, provides funding to develop innovative processes for collecting, recycling and reducing the amount of solid waste materials in landfills, and specifically includes Construction and Demolition Debris in its list of targeted materials, In DEP's 2001 report to the Legislature, F/orida's Recycling and Litter Programs: Current Status and potentia/ Future Directions, DEP recognized that innovative waste reduction/recycling projects, improved recycling in Construction and Demolition (C&D) debris, and development of new markets for recycled C&D debris had the greatest potential for increasing the state's overall recycling rate, If approved, this grant will provide $175,000 in funds toward the design and construction of a green, Leeds-certified classroom building at the Oxbow Eco-Center, This building will serve as the core of educating students and other residents about the advantages or "going green". Total project costs are estimated to be $695,000. The Audubon Society has donated $100,000 toward this project. In-kind services to manage the project will be at least $20,000. S1. Lucie County also has committed $80,000 toward the engineering, architectural and LEED-certified consulting fees, and $320,000 toward construction costs. Matching funds are available in Fund # 310002- 7912-562000-7134, Parks Impact Fees - Buildings. No previous action Staff recommends the Board authorize the submittal of Innovative Recycling grant application to the Florida Department of Environmental Protection (FDEP) and the acceptance of the grant if approved for funding. Grant funds in an amount not to exceed $175,000 will help fund the development of a green classroom at the Oxbow Eco-Center. DENIED Mgt & Budget: Public works: Purchasing: other: ... AGENDA REQUEST ITEM NO. C - 4D DATE: 9/18/07 CONSENT [X] REGULAR [ ] PUBLIC HEARING [ ] Leg. [ ] Quasi-JD. [ ] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Roberta Breene, Grants Writer SUBJECT: Authorize the submittal of a Regional Environmental Priority Project grant to the US Environmental Protection Agency for an amount not to exceed $51,000 and the acceptance of the grant if approved, Grant funds will help the Oxbow Eco-Center fund the development of a Green School Initiative pilot program designed to provide St. Lucie District teachers the resources and incentives needed to reduce the environmental impact of schools and encourage stewardship in students. BACKGROUND: This competitive grant assists local governments in addressing the complexity, extent, threat to human health or ecosystems, and/or the significant need to protect, improve or restore specific environments. The primary project of this project is to support St. Lucie County School District efforts to reduce reliance on natural resources and instill environmental stewardship in students, teachers, custodial staff, administration, and decision makers. The Green School Initiative will address waste diversion and natural resource conservation in the schools. The district has approximately 41 ,000 students and 700 teachers located on 43 school sites. As new schools are built, efforts are being made to ensure that they are environmentally friendly. However, schools continue to be large producers of waste, including recyclable materials and food waste. Recycling decisions are made by administrators at each individual school. Despite efforts by the County's recycling manager to encourage recycling, many schools have not adopted recycling programs. In addition, as the population continues to grow, it becomes more important that students become community environmental stewards. The Green Schools Initiative supports the Resource Conservation Challenge by driving school efforts to prevent pollution, promote recycling and reuse, and conserve energy and materials. This project's focus is a pilot program designed, through the Oxbow, to provide teachers the resources and incentives needed to help reduce the environmental impact of schools and to encourage stewardship in students. The program will provide teacher training workshops, curriculum resources, field trip options, on-site support at schools when needed, and an annual award ceremony to recognize achievements. The project will extend into the community, using schools to generate awareness of the need for environmental stewardship. Through green school projects and the annual summit, schools will interact with community members and serve as models for local businesses. FUNDS AVAIL.: A match of 5% of the total cost is required. The total project cost is estimated to be $76,785. In-kind service will account for $23,485. Printing will account for $1 ,000 (Fund # 001- 7912-547005-700). Supplies will consumer $1,000 (Fund # 001-7912-552000-700). Travel will account for about $300 (Fund # 001-7912-540000). PREVJ:OUS ACTION: No previous action RECOMMENDATION: Staff recommends the Board authorize the submittal of a Regional Environmental Priority Project grant to the US Environmental Protection Agency for an amount not to exceed $51,000 and the acceptance of the grant if approved. Grant funds will help the Oxbow Eco-Center fund the development of a Green Schools Initiative pilot program designed to provide St. Lucie District teachers the resources and incentives needed to reduce the environmental impact of schools and encourage stewardship in students. .. COMMISSION ACTION: [XI APPROVED [ ] OTHER: Approved 5-0 County Attorney: ~ Originating Dept: ~~ Finance: (copies only): DENIED AgeUF2002.doc Coordination/Si Mgt I< Budget: (}) Public works: Purchasing: Other: ;; f ITEMNO. C5 DATE: September 18, 2007 AGENDA REQUEST REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Environmental Resources Decartment SUBJECT: Staff requests approval of the ThirdAmendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. The purpose of the amendment is to extend the time of completion to December 31,2007, ...-=- BACKGROUND: On September 13,2001 the Board approved Capital Project Number 59 to prepare a county wide Greenways and Trails Bicycle/Pedestrian Master Plan, FUNDS AVAIL.: Funds are available in 001-1510-531000-39004. ProfessionaJ Services - Greenways and Trails Bicycle/Pedestrian Master Plan, PREVIOUS ACTION: On August 9, 2005 the Board granted pennission to advertise for Greenways and Trails Bicycle/Pedestrian Master Plan RFP. On November 22,2005 the Board granted pennission to negotiate with the top-ranked fInn Glatting and Jackson to prepare the Greenways and Trails Bicycle/Pedestrian Master Plan RFP. On April 18, 2006 the Board approved Budget Amendment BA06-1 02 to take $70,000 from General Fund Contingency to increase the budget for the Greenways and Trails Bicycle/Pedestrian Master Plan, On May 9, 2006 the Board approved the agreement with Glatting Jackson as prepared by the County Attorney's Office and authorized the Chair to sign the agreement. On October 10, 2006 the Board approved the First Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan which allowed for billing on an approximate monthly basis instead of a lump sum. On March 27, 2007 the Board approved the Second Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan, extending the time of completion to September 27,2007. RECOMMENDATION: Staff recommends that the Board approve the Third Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. COMMISSION ACTION: [~ APPROVED [ ] OTHER: [ ] DENIED - Approved 5-0 " \ Commission Review: September 18, 2007 ENVIRONMENTAL RESOURCES DEPARTMENT MEMORANDUM TO: County Commission FROM: Environmental Resources Director DATE: September 4, 2007 SUBJECT: Staff requests approval of the ThirdAmendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Office. The purpose of the amendment is to extend the time of completion to December 31, 2007. On September 13, 2001 the Board approved Capital Project Number 59 to prepare a county wide Greenways and Trails Bicycle/Pedestrian Master Plan. On August 9, 2005 the Board granted permission to advertise for Greenways and Trails Bicycle/Pedestrian Master Plan RFP. On November 22, 2005 the Board granted permission to negotiate with the top-ranked firm Glatting and Jackson to prepare the Greenways and Trails Bicycle/Pedestrian Master Plan RFP. On April 18, 2006 the Board approved Budget Amendment BA06-102 to take $70,000 from General Fund Contingency to increase the budget for the Greenways and Trails Bicycle/Pedestrian Master Plan. On May 9, 2006 the Board approved the agreement with Glatting Jackson as prepared by the County Attorney's Office and authorized the Chair to sign the agreement. On October 10, 2006 the Board approved the First Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan which allowed for billing on an approximate monthly basis instead of a lump sum. On March 27, 2007 the Board approved the Second Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails Master Plan, extending the time of completion to September 27,2007. Funds are available in 001-1510-531000-39004. Professional Services - Greenways and Trails Bicycle/Pedestrian Master Plan. Staff recommends that the Board approve the Third Amendment to Agreement C06-05-362 with Glatting Jackson Kercher Anglin Lopez and Rinehart for the preparation of a Bicycle/Pedestrian Greenways and Trails aster Plan and authorize the chair to sign the Agreement as prepared by the County Attorney's Offic . . Vanessa Bessey Environmental Resources Director .or j THIRD AMENDMENT TO MAY 9, 2006 AGREEMENT BETWEEN ST. LUCIE COUNTY AND GLAmNG JACKSON KERCHER ANGUN LOPEZ RINEHART FOR PROFESSIONAL SERVICES (BICYCLE/PEDESTRIAN GREENW AYS " TRAILS MASTER PLAN) THIS THIRD AMENDMENT made and entered into this _ day of 2007, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County', and, GLAmNG JACKSON KERCHER ANGUN LOPEZ RINEHART or its successors, executors, administrators, and assigns hereinafter called the "Consultant," WIT N E SSE T H: WHEREAS, on May 9, 2006 the parties entered into a Consultant Agreement (Agreement) whereby the Consultant agreed to provide professional services to provide a bicycle/pedestrian greenways and trails master plan; and WHEREAS, on October 10, 2006, the parties entered into a First Amendment amending Paragraph 6. Term of Agreement: Work Authorizations, providing for monthly compensation, subject to the same terms and conditions; and, WHEREAS, on March 27, 2007, the parties entered into a Second Amendment amending Paragraph 4. Time of Performance, providing a revised Project Schedule; and, WHEREAS, the parties desire to further amend the Agreement by amending Paragraph 4 Time of Performance, providing a Revised Project Schedule. NOW THEREFORE, in consideration of the promises contained herein, the parties agree as follows: 1. Paragraph 4 of the Agreement is amended in its entirety as follows: 4. Time of Performance The Consultant agrees to be available to begin work promptly after receipt of a fully executed copy of this Agreement, Unless terminated earlier as provided herein, the Consultant shall complete the work in accordance with the Revised Project Schedule attached as Exhibit "A". G: \A TTY\AGREEMNT\3a-glattingjackbike.wpd -1- "" \ 2. Except as amended herein, the remaining terms and conditions of the May 9, 2006 Agreement shall remain in full force and effect. IN WITNESS WHEREOF. the County has hereunto subscribed and the Consultant has affixed his, its or their names, or name. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART SECRETARY BY: PRESIDENT (SEAL) G: \A TTY\AGREEMNT\30-glottingjockbike.wpd -2- , -u ; i - m '" " 3 i ~ i r I i ~ .a: ;; ... Œ ~ i o~ i 5' ~ -ð " .8 . ~ ~ ~ I ~ '" 3 ~ 3 a- .:¡ ] II Ilí Irl ~ r-~ ~ r m.....·'.!. I ,,, J. I fi . · J I 0"0 ~~ --II:!- ~:::¡ !?:~ ~I~ g¡ ~ < .. 'i " I G> ~ If '" ~ ¡¡ -< ] ~ ~ ~ o <D 00 " lü lü lü lü ~ z I' ;¡: m '" m '!i ~ õ z ... o " ~ ;: ¡;; '" õ z ;¡: m ~ m m X m " c ... ;1\ '" c " ~ -< " ~ " ¡;¡ < m 5 " ~ z I' !!: ;!! m " m z g Õ z " > z Ii! < m ~ '" !'i ... õ z '" " m < ¡;; m ~ Z I' " ~ " m < ~ ;: m !') Z G> '" o ~ ~ w o ~ ~ ~ o ! w o ! r ~ ~ ~ w o ~ ~ I ~ :;; lü lü .. ~ .. I!i § m .. .. ~ ¡¡ t o ! ¡;; :;: ¡ö ¡;; " ;!! m ;: m Z ¡¡ ... õ z ~ '" ¡;j :r o " '" m < ffi " ;: m m ;j z " '" ~ o :1 m 5 ¡ z ... ,. z o o m .. ¡¡; z '" o m < ~ o " < ¡;; õ z '" ~ o " > z '" I:; ! I:; ~ . " ~ ë '" lü lü lü ~ i2 õ ~ !Ii m ~ ! II! ¡; z ¡§ < m ,. m ;!¡ ?ž o z m I!i .. ,. .. m .. .. ,. m z ... " m < m 5 .. ;: ~ ... o ~ m ~ ~ õ z ;: m ... :r o 8 8 -< .. ,. :!I " ,. ~ .. ¡;; !i! ~ .. i " " o z !¡ 13 z .. :> ~ g¡ '" !i! m X ¡;¡ Z G> 8 z o ::; i5 z '" ~ o ~ :> z " z iii z Õ '" -< " m '" m ¡; 51 ~ ~ ~ ¡; ;¡: o g c ;: m z ¡¡j z o ... ~ d "0 ~ m I'J "0 C i" ¡; z < i2 < m iii z ... " ~ ~ ... ~ ~ '" ¡;; " m ~ ... I:; ~ . " II 0. i I I I I , '" ~ ~ o ~ . " A '" ~ . . w o .. " ~ o ~ . " w o ~ . " '" ~ . < I' ~ÕI ., , 0-0·:,1 e!:i, (')...!~I ~~¡~; UI z ~: ~ m' .. !J5 ... ~ " i o ::;. Õ z .. ¡ .'2 :;ª p ii' ~I I < II] õ· '< (") CD "'U CD a. CD CJ) ;;;C~ CD Q) <.::J » CJ) ~ (J) cCDG)=-"" co a...., c"'UCDr CJ) ..., CD c - 0 ::J Q. I'V CD·::E CD (X)(")Q),..., ~ _'< 1,,' I'V(J)CJ)O O(")Q)C 0:::r::J3- ~CDa.'< 0.-1 C ..., CD Q). CJ) ~ Q) CJ) - CD ..., ;]Þ ~ .'" ! I~ !~ [ð' ¡iii [~ I" i8 '3 115 ,~ ,. i~ -< :¡ ~ if :!f ~ ;= I "'U ã) ::J ':'- I. ~ l i!!:. '" ~ ;i ^' ¡6" ~ z !~ ~ . o ¡¡ ~ ¡i ~ rr-, "§- 0, --\-- of js. " ITEM NO. C-6-A DATE: September 18,2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT PRESENTED BY: DIANA LEWIS. DIRECTOR SUBJECT: Request approval of Resolution 07-271 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $743,200 for 80% of the $929,000 cost to complete the design and installation of the security access control system at the St. Lucie County International Airport, BACKGROUND: In July 2006, the first phase of the security access control system for the airport was completed, This project was funded with an FDOT grant but due to limited funds the project could only include the badging system and installation of card readers on certain gates, This grant will allow the design and installation of the card readers for the remaining gates at the Airport to complete the system, FUNDS AVAILABLE: Not applicable. PREVIOUS ACTION: Board approved FDOT JPA for first phase in June 2005, RECOMMENDATION: Staff recommends that that the Board of County Commissioners approve Resolution 07-271 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $743,200 for 80% of the $929,000 cost to complete the design and installation of the security access control system at the St. Lucie County International Airport and authorize the Chair or designee to execute the same. COMMISSION ACTION: (~ APPROVED ( ) OTHER ( ) DENIED Approved 5-0 D UG A DERSON COUNTY ADMINISTRATOR Coordination/S jonatures County Attorney ( ) ~ Mgt. & BUdget ( ) Originating Dept. 'bF¡(~ Other ( ) . Finance: (check for copy, only if applicable)_ Purchasing ( ) other ( ) BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: August 31, 2007 Re: Request approval of Resolution 07-271 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $743,200 for 80% of the $929,000 cost to complete the design and installation of the security access control system at the ·St. Lucie County International Airport, ******************************************************************************************************************* The Airport received $400,000 grant from the Florida Department of Transportation (FDOT) with matching funds of $100,000 for the Security Fencing and Security System project in June 2005. This grant was used to fund the design and installation of a security system that included a new identification badge system, a fiber optic backbone, and the installation of card readers on existing automatic gates, With the limited funding, not all gates could have card readers installed. This resulted in certain gates with card readers and others that remained under lock and key. With the acceptance of this 80% grant, the design and installation of the security system at the remaining gates can be completed. Staff recommends that that the Board of County Commissioners approve Resolution 07-271 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $743,200 for 80% of the $929,000 cost to complete the design and installation of the security access control system at the St. Lucie County International Airport, RESOLUTION NO. 07-271 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 414579-1-94-01) FOR COMPLETION OF THE DESIGN AND INSTALLATION OF THE SECURITY SYSTEM AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREÐMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, FLorida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for completion of the design and installation of a security system at the St. Lucie County International Airport (Fin. Proj. No. 414579-1-94-01). 2. The Board should authorize and approve execution of the PubLic Transportation Joint Participation Agreement with the State of FLorida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, FLorida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 414579-1-94-01) to provide funding for the completion of the design and installation of the security system at the St. Lucie County InternationaL Airport. 2. The Board hereby authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 07-271 was as follows: Chair Chris Craft XX Vice-Chair Joseph Smith XX Commissioner Charles Grande XX Commissioner Doug Coward XX Commissioner Paula Lewis XX PASSED AND DULY ADOPTED this day of ,2007. A TIEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY G:\atty\resoltn\2007\07-271.doc 2 STATE OF FLORIDA DEPARTMENT OF TRANSFORTA71ON PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-00 FUSLIC TRANSPORTATION 06IC7 Page 1 .,,14 Financial Project No.: Fund: DS FLAIR Approp.: 088719 414579-1-94-01 Function: 637 FLAIR Obj.: 750004 (Item-segment-phase-sequen<;e) Federal No.: Org. Code: 55042010428 Connot No.: DUNS No,: Vendor No.: VF596000835030 CFDA Number: CSFA Number: 55004 . THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners 3000 Curtis King Boulevard, Fort Pierce, FL 34946 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 1013112009 and this Agreement will expire unless a time extension is provided in accordance with Section 18.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) Florida statutes, to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the !)?rties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FDOT participation in a project to install an Access Control System at st. Lucie County International Airport. and as further described in Exhibit(s) A,B,C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 17!>Q3O.06 PUBLIC TRANSPORTATION 06107 Poge20114 . 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by this reference made a part hereof this Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authoriZation is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necesSary with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary Including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project, 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof, 3.00 Project Cost The total estimated cost of the project is $ 929000 . This amount is based upon the estimate summarized in Exhibit "8" attached hereto and by this reference made a part hereof this Agreement. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 743200 as detailed in Exhibit "8", or in an amount equal to the percentage(s) of total project cost shown in Exhibit "8", whichever is less, 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request In the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in Section 17,00 ofthis Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes available. 4.20 Front End Funding: Front end funding 0 Is @) is not applicable. if applicable, the Department may initially pay 100% ofthe total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is @) is not applicable, If applicable, percent of the Department's total share of participation as shown in paragraph 4,00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project, No budget increase or decrease shall be effective unless it complies with fund participation requirements establíshed in Section 4.00 of this Agreement and is approved by the Department Comptroller. 725-0J~06 PUBlIC TRANSPORTATION 06107 Page J at 14 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase Is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice, 7.00 Accounting Records: 7.10 Establishment and Maintenance or Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelinesJprocedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project accounf'. Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all ottjer funds provided for, accruing to, or otherwise received on account ofthe project, which Department payments and other funds are herein collectively referred to as "project funds", The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess ofthe amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as I!Ipproved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project, Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs, 7.40 Documentation or Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety ofthe charges, 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to t~e project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: I n addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement. 72!!-OJG.06 PUBliC TRANSPORTATION 06107 PaIlll·ar1. 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes, (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures. The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the Agençy is appropriate, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local government, or non-profit organizations as defined in OMS Circular A-133 and a recipient offederal funds, the following annual audit criteria will apply: 1, In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133, as revised, Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended In its fiscal year, the recipient shall consider all sources of Federal awards, Including Federal resources received from the Department The determinatión of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by ~e Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. 2, In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133. 3. If the recipient expends less than the amount In Part I, Paragraph 1., an audit conducted in accordance with the provisions of OMB Circular A-133, is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities, 4, Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II State Funded: If the Agency is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes, and a recipient of $tate funds, the following annual audit criteria will apply; 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida statutes; applicable rules ofthe Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entitles) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "D" to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Departmen~ other state agencies, and other nonstate entitles. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements, 2. In connection with the audit requirements addressed in Part II, Paragraph i., the recipient shall ensure that the audit complies with the requirements of Section 215,97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215,97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3, If the recipient expends less than the amount in Part II, Paragraph 1., such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entitles. 4. State awards are to be Identified using the Catalog of state Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. 725-03O-œ PUBliC mANSPORTATION 06107 Poge50114 Part III other Audit Requirements 1. The Agency shall follow-up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved, Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section .320 (d), OMS Circular A-133, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 B. The number of copies required by Sections ,320 (d)(1) and (2), OMB Circular A-133, submitted to the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMS Circular A-133. 2. In the event that a copy of the reporting package for an audit required by Section 7,62 Part I ofthls Agreement and conducted in accordance with OMB Circular A-133 is not required to be submitted to the Department for reasons pursuant to section ,320 (e)(2), OMB Circular A-133, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 In addition, pursuant to Section .320 (f). OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section ,320 (c), OMS Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 725-CJ3O.œ PUBLIC TRANSPORTATION 06107 Poge 6 01 14 3, Copies of financial reporting packages required by Section 7.62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 8. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreementshall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMS Circular A-133, Section 215.97, Florida Statutes, and Chapter 10,550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OM8 Circular A-133 or Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 7.63 Record Retention: The Agency shåll retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with individual project compliance requirements or reportable conditions in intemal controls ofthe Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary, The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans, 7.65 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest In the lost equipment or fací1íty, In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section. 725-0»08 PUBLIC TRANSPORTATION 06107 Pago7of14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department ofTransportation, District 4 Public Transportation Office 3400 W. Commercial Blvd., Fort Lauderdale, , FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in Paragraph 7,10 hereof) to justify and support the payment requisitions. 8.11 I nvoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency acquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Departmenfs Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project it. 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8,22 LItigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs, including any and all federal financial assistance as detailed in Exhibit "8," 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. . ~ PUBUC TRANSPORTATION D6/D7 Polles 0114 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department, 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8,26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions 'required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be. project activities and contracts anÇ such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are othelWise Includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions Imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may othelWise have arising out of this Agreement. . 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F,S. and made or received in conjunction with this Agreement, 10.00 Remission of Project Account Upon Completion of Project Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authoriZed representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as othelWise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in Section 8.23, The Department specifICally reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. ~30-06 PUBliC TRANSPORTATION 0IIII)7 Pa¡¡o9 aI 14 12.20 Compliance with Consultants' Competitive Negotiation Act: It Is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At: the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended. to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because Qf race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that appUcants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies Or raw materials, and shall require all such contractors to insert a similar provision in' all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200Od, et. seq.), the Regulations ofthe Federal Department ofTransportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII - Civil Rights Act of 1968: execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601 ,et seq" which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the NJA (42 U,S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-O:!C1œ PUBliC TRANSPORTATION C6I07 P01 810dl. 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property included or planned to be included in the project, with any officer, director or employee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination ofthem, has a material interest. "Material Interest" means direct or indirect ownership of more than 5 percent of the total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included in the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee of the Agency, The provisions ofthis subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government, 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress ofthe United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection therewith, 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held Invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution ofthe Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 72S-030-06 PUBlIC TRANSPORTATION 06107 Page 11 of 14 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating ro property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses attria!. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate, After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose, 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, J'26.O»-06 PUBLIC TRANSPORTATION D6I07 Poge 12cf14 17.20 Multl.Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339. 135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim In all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before 10/3112009 . Ifthe Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Director of Transportation Development . Expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must $ubmitthe final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. 19.00 Agreement Format: All words used herein In the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same Instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement. and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, sUbgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly, 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 725-00o.œ PUBLIC TRANSPORTATION D6/07 Pogo 130114 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise, The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services, The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the Invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3){b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287,017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed qn the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity, T.Z5-IXJG.08 PUBLIC TRANSPORTATION 0lI/07 Page 14 of 14 Financial Project No. 414579-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written, AGENCY FDOT St. Lucie County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATORY (PRINTED OR TYPED) SIGNATURE DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE TITLE Fin. Proj. No.: 414579 -1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Install Access Control System SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source with respect to the project, The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSrDERA TrONS BY DEPARTMENT: N/A The District project manager has 10 working days to review invoices after receipt of invoice package and corresponding progress report before submitting to District Financial Services Office for payment. Fin. Proj. No.: 414579-1-94-01. Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit fonns an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County BOCC FAA, FTA, UMTA, etc. 0.00% $0 Agency Participation: In-Kind Cash 20.00% $185,800 Other Maximum Department Participation: Primary (DS) (DDR) (DIM) (PORT) 80.00% $743,200 Federal Reimbursable (DU) (FRA) (DFT A) Local Reimbursable (DL) III. TOTAL PROJECT COST: $929,000 Financial Project No. 414579-1-94-01 Contract No. Agreement Date EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit fonns an integral part of the Joint Participation Agreement between the State of Florida Department of Transportation and. ' A. General 1. Duration: The tenns, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project. or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the tenns, conditions, and assurances with respect to real property acquired with state funds. 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good rrtle: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or pennit any action which would operate to deprive it of any of the rights and powers necessary to perfonn any or all ofthe tenns, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such perfonnance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency. the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations. and rules. 3. Hazard Removal & Mitigation: It will clear and protect tenninal airspace required for instrument and visual operations at the airport Oncluding established minimum flight altitudes) by removing, lowering, Joint ParticIpation Agreement (JPA) Exhibit C Page 1 (8/2/2007) 4. Compatible Land Use: It will take appropriate action to ensure local govemment adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport indudes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local govemment comprehensive plan at the eartiest feasible opportunity. 6. Airport Layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, tàXiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be sUbject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or othelWise produces revenue, the Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. . 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the IikeHhood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site, The JACIP Online information shall be kept current as the financial plan is updated. Joint Partlclpatlon Agreement (JPA) Exhibit C Page 2 (8/212007) 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, Including commercial aeronautical activities offering services to the public at the airport, 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport Ineligible for federal funding, 14. Tennination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement Within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in ttle property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration ofthe terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part ofthis project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assureS that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies. passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Ucensing, Registration, And Airspace Protection. C. Planning Projects Ifthis project involves planning or other aviation studies, the Agency assures that it will: Joint Participation Agreement (JPA) Exhibit C Page 3 (8/212007) 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Infonnation: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project Involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department. to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering an projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval ofthis project Agreement or any planning material developed as part ofthis Agreement does not constitute or imply any assurance or commitment on the part ofthe Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project Involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land interest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S.. when property Is acquired through condemnation; and section 286,23, F.S. 2. Administration: Maintain direct control of project administration, including: a, Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b, Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d, Establishing a project account for purchase of land interests. Joint Participation Agreement (JPA) Exhibit C Page 4 (8/212007) e. COllecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement, b, If federal funds are received for the land purchase, the Agency shall notify the Department by U.S, Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local govemment adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. S. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars, c, The project complies with all applicable building codes and other statutory requirements. Joint Participation Agreement (JPA) Exhibit C Page 5 (8/2/2007) "~ d. Completed construction complies with the project plans and specifications. Such certification must include an attestation from the Engineer that the project was completed per the approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the projed is hereinafter collectively referred to as ·plans· in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent of the project as defined in Exhibits "A" and "B" of this Agreement. The Engineer shall perfonn a thorough review of the requirements of the following standards and make a detennination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: · Federal Aviation Administration Regulations and Advisory Circulars · Florida Department of Transportation requirements per chapter 14-60, Florida Administrative Code, Airport Ucensing, Registration, And Airspace Protection · Florida Department Of Transportation Standard SpecifICations For Construction Of General Aviation Airports · Manual Of Unifonn Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to asthe Florida Greenbook · Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and pennitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: Provide and maintain competent technical supelVision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work.. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed. or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local govemment to the same tenns, conditions, and assurances that apply to the Agency. The agreement and changes Joint Participation Agreement (JPA) Exhibit C Page 6 (8/212007) thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the tenns of the agreement. 2. Private Agreements: For noise compatibility projects to be earned out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the tenns of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 7 (8/212007) Fin. Proj. No.: 414579-1-94-01 Contract No.: Agreement Date: EXHIBIT D PROJECT AUDIT REQUIREMENTS The administration of resources awarded by the Department to St. Lucie County Board of County Commissioners may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS· below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to St. Lucie County Board of County Commissioners regarding such audit. St. Lucie County Board of County Commissioners further agrees to comply and cooperate with any inspections, reviews,. investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERAllY FUNDED Recipients of federal funds (i.e. state, local govemment, or non-profit organizations as defined in OMS Circular A-133., as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. 3, If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133. as revised, the cost of the audit must be paid from non- Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). Joint Participation Agreement (JPA) Exhibit D Pasre 1 of 7 4. ~ederal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of s~te funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., . the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSIONe Joint Participation Agreement (JPA) Exhibit D Pal!:e 2 of7 1. Copies of reporting packages for audits conducted in accordance with .OMB Circular A-~33, as revised, and required by PART I of this agreement shall be submitted, ~e~ req~'red by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipIent directly to each of the following: A, The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2, In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e) (2) , OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 In addition, pursuant to Section ,320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Joint Participation Agreement (JP A) Exhibit D Paee:l of7 Fort Lauderdale, Florida 33309-3421 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART 11\ of this agreement shall be submitted by or on behalf of the recipient directlv to: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMS Circular A-133 or Chapters 10.550 (local govemmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package, PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Joint Participation Agreement (JP A) Exhibit D Pal!'e 4 of7 EXHIBIT -1 STATE RESOURCES State Aaencv Cataloa of State Financial Assistance (Number & Title) Department of Transportation 55004 - Aviation Development Grants Obiectives 1. To provide funding for airport planning, airport improvement, land acquisition, and airport economic development. Activities Allowed: Amount $743,200 Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and. environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); _ Operations and emergency response plans; _ Federal Aviation Regulations (FAR) Part 150 noise studies; _ Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; .: Airport management studies and training; _ Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: _ Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers. lighting, control towers, instrument approach aids, automatic weather observation stations); _ Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); _ Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; _ Safety equipment (including AARF fire fighting equipment and lighted Xs); _ Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); _ Information tedmology equipment (used to inventory and plan airport facility needs); - Drainage improvements. (FDOT Aviation Grant Program Handbook) Joint participation Agreement (JP A) Exhibit D Pal!:e 5 of7 Land Acquisition This grant program protects Florida's citizens from airport noise and protects airport clear zones and run~ay approach are~s ~rom enc~oac~ment. Administrative Costs, appraisals, legal fees, surveys, closing costs ~nd preliminary englneenng fees are eligible costs. In the event the negotiation for a fair market value IS unsuccessful, the court will be petitioned for "an Order of Taking" under the eminent domain laws of Florida. Examples of projects are: -Land acquisition (for land in an approved master plan or ALP); -Mitigation land (on or off airport); -Aviation easements; -Right of way; -Approach clear zones. (FOOT Aviation Grant program Handbook) Airport Economic Development This grant program is to encourage airport revenue. Examples of projects are: -Any airport improvement and land purchase that will enhance economic impact; -Building for lease; -Industrial park infrastructure and buildings; -General aviation terminals that will be 100 percent leased out; -Industrial park marketing programs. (FDOT Aviation Grant Program Handbook) Aviation Land Acquisition Loan Program The Department provides interest free loans for 75 percent of the cost of airport land purchases for both commercial service and general aviation airports. This is a general description of project types. A detail list of project types approved for these grant programs can be found in the Aviation Grant Program manual which can be accessed through the internet at www.dolstate.fI.usJAviation/Public.htm. Commercial Service Airports Matching Reauirements are as follows: Commercial Service Airports When no federal funding is available, the Department provides up to 50 percent of the project costs. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) General Aviation Airports When no federal funding is available, the Department provides up to 80 percent of project costs. (FOOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) Economic Development The Department provides up to 50 percent of airport economic development funds to build on-airport revenue-producing capital improvements, This program is for local match only. (FDOT Aviation Grant Program Handbook and Section 332,007(6) Florida Statutes) Joint Participation Agreement (JP A) Exhibit D Pß!!e 6 of 7 Airport Loans The Department provides a 75 percent loan program to fund the Aviation Land Acquisition Loan Program. (FDOT Aviation Grant Program Handbook and Section 332.007(6) Florida Statutes) NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. Joint Participation Agreement (JP A) Exhibit D PSI!e 7 of7 · ' ir!"" .. , ITEM NO. C-6-B DATE: September 18,2007 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: AIRPORT PRESENTED BY: DIANA LEWIS. DIRECTOR SUBJECT: Request approval of Resolution 07-273 Florida Department Transportation (FOOT) Joint Participation Agreement (JPA) in the amount of $167,525 for 80% of the $209,406 cost to upgrade the Electrical Vault at the St. Lucie County International Airport. BACKGROUND: The electrical vault that powers the lighting, signs and navigational equipment on the airfield needs to be upgraded to add capacity and replace existing regulators, This will allow the expansion for future electrical needs and provide improved reliability for airfield electrical facilities, This request is to accept the FOOT JPA to fund 80%, or $167,525, of the electrical vault upgrades at a total project cost of $209,406. FUNDS AVAILABLE: Not applicable. PREVIOUS ACTION: Not applicable. RECOMMENDATION: Staff recommends approval of Resolution 07-273 accepting the Florida Department Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $167,525 for 80% of the $209,406 cost to upgrade the Electrical Vault at the St. Lucie County International Airport and authorize Chair or designee to execute same. (~ APPROVED ( ) OTHER Approved 5-0 ( ) DENIED DERSON NTY ADMINISTRATOR COMMISSION ACTION: Coord ination/Sionatures County Attorney () ~~ør"" Originating Dept. (.;{~;x:? Mgt. & Budget ( ) Other ( ) Purchasing ( ) Other ( ) Finance: (check for copy, only if applicable)_ ... ...... . I ,., BOARD OF COUNTY COMMISSIONERS AIRPORT Diana Lewis, Director MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: August 31,2007 Re: Request approval of Resolution 07-273 Florida Department Transportation (FOOT) Joint Participation Agreement (JPA) in the amount of $167,525 for 80% of the $209,406 cost to upgrade the Electrical Vault at the St. Lucie County International Airport, ******************************************************************************************************************* The electrical vault that powers the lighting, signs and navigational equipment on the airfield needs to be upgraded to add capacity and replace existing regulators, This will allow the expansion for future electrical needs and provide improved reliability for airfield electrical facilities. This request is to accept the FOOT JPA to fund 80%, or $167,525, of the electrical vault upgrades at a total project cost of $209,406. Staff recommends approval of Resolution 07-273 accepting the Florida Department Transportation (FOOT) Joint Participation Agreement (JPA) in the amount of $167,525 for 80% of the $209,406 cost to upgrade the Electrical Vault at the St. Lucie County International Airport . ..I · j.. RESOLUTION NO. 07-273 A RESOLUTION ACCEPTING. THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 41349-1-94-01) FOR UPGRADE OF ELECTRICAL VAULT AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT; AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT; AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the upgrade of the electrical vault at the St. Lucie County International Airport (Fin. Proj. No. 416249-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 416249-1-94-01) to provide funding to upgrade the electrical vault at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. ~', .! .c: After motion and second, the vote on Resolution 07-273 was as follows: Chair Chris Craft XX Vice-Chair Joseph Smith XX Commissioner Charles Grande XX Commissioner Doug Coward XX Commissioner Paula Lewis XX PASSED AND DULY ADOPTED this _ day of ,2007. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY G:\atty\resoltn\2007\07· 273. doc 2 . , J.. STATE OF FLORIDA OEPARTMENT OFTRANSFORTATlON PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 72~3c¡.C& PUBLIC TRANSPORTATION 0ðI07 Page 1 or14 Financial Project No.: Fund: DS FLAIR Approp.: 088719 416249-1-94-01 . Function: 637 FLAIR Obj.: 750004 (Item-&egment-pnase-sequencej Federal No,: Org. Code: 55042010428 Contract No.: DUNS No,: Vendor No,: VF596000835030 CFDA Number. . CSFA Number. 55004 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St. Lucie County Board of County Commissioners 3000 Curtis King Boulevard, Fort Pierce, FL 34946 hereinafter referred to as Agency. The Department and Agency agree that all terms of this Agreement will be completed on or before 10/3112009 and this Agreement will expire unless a time extension Is provided in accordance with Section 16.00. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) Florida Statutes, to enter into this Agreement. NOW, THEREFORE, In consideration of the mutual covenantS, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is To provide FDOT participation in a project to upgrade the Electrical Vault at St. Lucie County Intemational Airport, and as further described in Exhibit(s) A.B,C & D attached hereto and by this reference made a part hereof, hereinafter referred to as the project. and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. ...;.. .-. ... ....~ .... ...... .... ", \ . , . , ..- ne.œo.œ PUBLIC TRANSPORTATION DIID7 Pql2 aI 14 2.00 Accomplishment of the Project 2.10 General Requl...ments: The Agency shall commence, and complete the project as described in Exhibit "A" attached hereto and by thÍ8 reference made a part hereof thle Agreement, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all ap~lcable laws. 2.20 Pursuant to Fed.... State, and Loc:aII.8w: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorIZation Í8 requleite under applicable law to enable the Agency to enter Into thle Agreement or to undertake the project hereunder, or to obselVe, assume or carry out any of the provisions of the ¡llQreement, the Agency will Initiate and consummate, as provided by law, all actions neces8ary with respect to any such matters so requleite, 2.30 Funds of the Agency: The Agency shall Initiate and prosecute to completion all proceedinlilS necessary Including federal aid requirements to enable the Agency to provide the necessary funds for completion ofthe project. 2.40 Subm"slon of Proceedings. Contracts and Other Documents: The Agency shall submit to the Department $Uch data, reports, records. contracta and other documents relating to the project as the Department may require as listed in Exhibit "c" attached hereto and by this reference made a part hereof. 3.00 Project Cost. The total estimated coet of the project Is $ 209,406.00 . This amount Ie based upon the estimate summarIZed In exhibit "8" attached hereto and by thÍ8 reference made a part hereof this Agreement The Agency agrees to bear all expenses In excess of the total estimated cost of the project and any deficits involved. 4.00 Depllrtment Participation: The Department agrees to maximum partlçipation, .Including contingenciss, in the project In the amount of $ 167,525 a8 detaned in exhibit "B", or in an amount equal to the percentage(s) of total project cost shown In exhibit "B", whichever Is leas. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effectJve date of this agreement. It is understood that State participation in eligible project costs Is subject to: (a) Legl,lative approval of the Department's appropriation request in the work program year that the project Is scheduled to be committed; (b) Availability of funds ae stated in Section 17.00 ofthls Agreement; (c) Approval of all plans, specifications, contracte or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authority becomes avail<lble, 4.20 Front End Funding: Front end funding 0 is . Ie not applicable. If applicable, the Department may InltlaUy pay 100% ofthe total allowable incurred project costs up to an amount equal to its total share of participation as shown In paragraph 4,00. 5.00 Retalnage: Retalnage 0 Ie (9 is not applicable. If applicable, percent of thè Department's total share of participation as shOlNl'l in paragraph 4.00 is to be held in retalnage to be disbursed, at the Departmenrs di8cretion, on or before the completion of the final project audit. , l J 6.00 Project Budget and Payment Provisions; 725-030-06 puauc TRANSPORTATION 06107 Page 3 0' 1. 6.1 () The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in Section 4.00 of this Agreement and is approved by the Department Comptroller, 6.20 Payment Provisions: Unless otherwise allowed under Section 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is sUQmitted with the final payment due upon receipt of a final invoice, 7.00 Accounting Records; 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maIntained within Its eXisting accounting system or establish Independent accounts. Such accounts are referred to herein collectively as the "project accounf'. Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment Is made. 7.20 Funds Reçelved Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from thè Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds", The Agency shall require depositories of project funds to secure continuously and fully all project funds In excess of the amounts Insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as prescribed by state Law for the security of pUbll~ funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the prQject account all eligible costs of the projeQt. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. . 7.40 Documentation of Project Costs: AU costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing In proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only In accordance with a properly signed voucher then on file in the office of the Agency stating In proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining In whole or in part to the project shall be clearty identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, Including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any Inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allowthe Department access to such,records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector general, the AUditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified in Exhibit "D" attached hereto and by this reference made a part hereof this Agreement '. t t 725-03C1-OS PUBLIC TRANSPORTATION OEI07 Page 4 of 14 7.61 Monitoring: In addition to reviews of audits conducted in accordance with OMS Circular A-133 and Section 215.97, Florida Statutes,' (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, and/or other procedures, The Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. . In the event the Department determines that a limited scope audit of the Agency Is appropna.te, the Agency agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any Inspections, reviews, investigations. or audits deemed necessary by FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. 7.62 Audits: Part I Federally Funded: If the Agency is a state, local govemment,or non-profit organizations as defined in OMB Circular A-133 and a recipient of federal funds, the following annual audit criteria will apply: 1, In the event that the recipIent expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of 0 MB Circular A-133, as revised, Exhibit "D" to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended In its fiscal year, the recipient shaH consider all sources of Federal awards, including Federal resources received from the Department, The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMS Circular A-133, as revIsed. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the requirements of this part. .. 2. In connection with the audit requirements addressed in Part I, Paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in subpart C of OMS Circular A-133. . 3. If the recipient expends less than the amount In Part I, Paragraph f, an audit conducted in accordance with the provisions of OMS Circular A-133, is not required, If the recipIent elects to conduct such an audit, the cost of the audit must be paid from resources obtained from other than Federal entities. 4, Federal awards are to be Identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency, . Part II State Funded: If the Agency is a nonstate entity as defined by Section 215,97(2)(m). Florida Statutes, and a recipient of state'funds, the following annual audit criteria will apply: 1, In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500, 000 in any fiscal year, the recipient must have a State single or project-specific audit for such fiscal year In accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organiZations), Rules of the Auditor General, Exhibit "D" to this agreement Indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state. financial assistance. Including state financial assistance received from the Department. other state agencies. and other nonstate entities. state financial assistance does not Include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements, 2. In connection with the audit requirements addressed in Part II, Paragraph 1., the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapter 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organiZations), Rules of the Auditor General. 3. If the recipient expends less than the amount in Part II, Paragraph 1,; such audit is not required. If the recipient elects to conduct such an audit, the cost of the audit must be paid from the recipient's resources obtained from nonstate entities. 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. , . 725-03~ PUBLIC TRANSPORTATION 06101 PaQII!!l af14 Part III Other Audit Requirements 1. The Agency shall follow·up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required, Current year audit findings require corrective action and status of findings. 2. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department Comptroller, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV Report Submission 1, Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by Section 7.622 Part I of this agreement shall be submitted, when required by Section ,320 (d), OMS Circular A-133, by or on behalf of the recipient directly to each of the following: A The Department at each of the following addresses: Florida Department of Transportation 3400 W, Commercial Boulevard Fort Lauderdale, FL 33309-3421 B, The number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, submitted to the following addre$s: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th street Jeffersonville, IN 47132 C Other Federal agencies and pass-through entities in accordance with Sections ,320 (e) and (t), OMS Circular A-133, 2, In the event that a copy of the reporting package for an audit required by Section 7.62 Part I ofthis Agreement and conducted in accordance with OMS Circular A-133is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMS Circular A-133, the recipient shall6ubmit the required written notification pursuant to Section ,320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 In addition, pursuant to Section .320 (f), OMS Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (0), OMS Circular A-133, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale, FL 33309-3421 " 1 I 72~31HJ6 PUBLIC TRANSPORTATION 0&107 Pag.aor 14 3. Copies of financial reporting packages required by Section 7,62 Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation 3400 IN, Commercial Boulevard . Fort Lauderdale, FL 33309-3421 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by Section 7.62 Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of TranSportation 3400 IN. Commercial Boulevard Fort Lauderdale, FL 33309-3421 . 5. . Any reports, management letter, or other Information required to be submitted to the Department pursuant to this Agreement shail be submitted timely in accordance with OMB Circular A-133, Section 215.97, Florida Statutes, and Chapter 10.550 (local govemmental entitles) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting pac.kages to the Department for audit$done in accordance with OMS Circular A-133 or Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Agency in correspondence accompanying the reporting páckage. 7.63 Record Retention: The Agency shall retain suffICient records demonstrating Its compliance with the terms of this Agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or Its designee, the CFO or Auditor General access to such records upon request. The Agency shall ensure that the independent audit working papers are made available to the Department, or its designee, the CFO, or AUditor General upon request for a period of at least five years from the date the audit report is Issued, unless extended in writing by the Department. 7.64 Other Requirements: If an audit discloses any significant audit findings related to any award, including material noncompliance with Individual project compliance requirements or reportable conditions in Internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans, 7.65Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has and will maintain the ability to repair or replace àny project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipmént or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or .facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section, · ' 1'25-03.... PUBLIC TRANSPORTAT!ON CM!ID1 page 1 of 14 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency sl1all file with the Department ofTransportation, District 4 Public Transportation Office 3400 W. Commercial Blvd., Fort Lauderdale, , FL, 33309 its requisition on a form or forms prescribed by tRe Department, and any other data pertaining to the project account (as defined in Paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other comþensatlon for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8,12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061; F,S, , The Department may establish rates lower than the maximum provided In Chapter 112.061, F.S. 8.13 For real property acquired, submit; (a) the date the Agency ácquired the real property, (b) a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. (c) a statement by the Agency certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished In compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property, 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions In amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs, However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligatiohs which may jeopardize or adversely affeCt the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or Incurred related obligations without having been advised by the Department that same are approved; . 8.24 Conflict of Interests: There ,has been any violation of the conflict of Interest provisions contained herein; or 8.25 Defal!lt: The Agency has been determined by the Department tQ be In default under any of the provisions of the Agreement. 8.28 Federal Participation (If Appllcabla): Any federal agency providing federal finaneial assistance to the project suspends or terminates federal financial assistancè to the project, In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for ail disallowed costs, including any and all federal financial assistance as detailed in Exhibit "B." 8.30 Disallowed Costs: In determining the amount of the þayment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. , , ~ . 72~3G-06 PUBLIC TRANSPORTATION 06107 Page a 0114 8.40 Payment Offset: If, after project completion, any cl~im is made by the Department resulting from an audit or for work or servIces performed pursuant to thIs agreement, ~he Dep~~me~t may offset such, am,ount fr~m payments due for work or services done under any public transportation joint partICIpation agreement which It has WIth the Agency owing such amol,lnt if, upon demand, payment of the amount is not made wIthin sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or suspension of Project: 9.10 Termination or suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in Sections 8.21 to 8.26 i~clusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency IS rendered improbable, infeasible, impossible, or Illegal, the Department will, by written notice to the Agency, suspend any or all of Its obligations under this Agreement until such time as the event or condition resulting In such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action subs~uent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the ¡¡ctlons required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the nnancing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit to the Department such portion of the financing and any advance payment previouslY receiVed as Is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out In conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan. and budget within a reasonable time, The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not cònstltute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the AgenCIY shall remit to the Department its share of any unexpended balance In the project account. 11.00 Audit and Inspection: The Agency shall permit. and shall require its contractors to permit, the Department's authoriZed representatives to Inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development ofthe project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate it$elf in any manne( requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval Elhall be sufficient cause for nonpayment by the Department as provided In Section 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. .' T.2&-03~ PUBliC TRANSPORTATION 06/07 Flage9ott4 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, Is contingent on the Agency complying in full with provisions of Chapter 287, F.S" Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department In the Consultant Selection Process for all contracts, In all cases, the Agency's Attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act, 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Polley: It is the polley of the Department that disadvantaged business enterprises as defined In 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or In part with Department funds under this Agreement The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement 12.32 DBE Obligation: The Agency and its contractor$ agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex In the award and performance of Department assisted contracts, 12.40 The Agency agrees to report any reasonable cause notice of noncompliance based on 49 CFR Part 26 filed under this section to the Department within 30 days of receipt by the Agency, 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not dl~criminate against any employee or aþplicanUor employment because of racel age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that· applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin, Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts In connection with the deVelopment or operation of the project, except contracts for standard commercial ,supplies or raw materials, and shall require all such contractors to Insêrt a similar provision In all subcontracts, except subcontracts for standard commercial supplies or raw materials, When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, In conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI-Civil Rights Act of 1964: Execution ofthis Joint Participation Agreement constitutes a certifi~tion that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C, 2000d, et. seq,), the Regulations of the Federal Department ofTransportatlon l55ued thereunder, and the assurance by the Agency pursuant thereto, 13.30 Title VIII _ Civil Rights Act Qf 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements Imposed by Title VIII of the Civil Rights Act of 1968, 42 use ~601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certifl~tion that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government Issued thereunder, and the assurance by the Agency pursuant thereto. " 1..... 725-DJD-06 ~U6l.IC TRANSPORTATION 06101 Pagll 10 of 14 13.50 Prohibited Interests: The Agency shall not enter into a contract or arrangement in connection with the project or any property Included or planned to be included in the project, with any officer, director or ~mployee of the Agency, or any business entity of which the officer, director or employee or the officer's, director's or employee's spouse or child is an officer, partner, director, or proprietor or in which such officer, director or employee or the officer's, director's or employee's spouse or child, or any combination of them, has a material interest. 'Material Interest' means direct or indirect ownership of more than 5 percent ofthe total assets or capital stock of any business entity. The Agency shall not enter into any contract or arrangement in connection with the project or any property included or planned to be included In the project, with any person or entity who was represented before the Agency by any person who at any time during the immediately preceding two years was an officer, director or employee ofthe Agency. The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, any agreement .for utility services the rates for which are fixed or controlled by the government, or any agreement between the Agency and an agency of state government. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom, 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits, The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, Including the securing of any applicable permits, and will reimburse the Depa~ment for any loss incurred in connection therewith, . 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any paym~nt to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions BeJng Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an Instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpO$e of obtaining an approval of its application for the financing hereunder. 14.60 state or Territorial Law: Nothing in the Agreement shall require the Agenèy to observe or enforce compliance with any provision thereof, perform any other act or do any other thing In contravention of any applicable state law: Provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department In writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed assoon as possible with the project. . . '"1 ,.' 725-036-06 PUBLlC'rRANSPORTATION· CEI07 Page 11 of 14 . 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agree~ to maintain the project facilities and equipment in good working order for the useful life of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. . 14.80 Disposal of Project Facilities or Equipment: Ifthe Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 1 B relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency, The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim, After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department In such claim as described In this section. The Departmenfs failure to promptly notify the Agency of a cl",im shall not act as a waiver of any right herein to require the participation In or defense bfthe claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates In the defense of the claim at trial, that party is responsible for all expenses at trial. . 15.00 Plans and Specifications: In the event that this Agreement involvas the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will Issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided In 8.23. 16.00 Project Completion, Agency Certlflçation: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title 15 in the Agency and that the project is accepted by the Agency as suitable for the intended purpose, 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. '. r· 72&-030-06 PUBLIC TRANSPOFITATION QtJ/07 Plge 12 or 14 17.20 Multi-Year Commitment: In the event this Agreement Is In excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339. 135(6)(a), F.S., are hereby Incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which. by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written. made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for In succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement The Agency agrees to complete the project on or before 10/31/2009 . Ifthe Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period Is requested by the Agency and granted in writing by the Director of Transportation Development . expiration of this Agreement will be considered termination of the project and the procedure established in Section 9.00 of this Agreement shall be initiated, 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after thE! 120 dày time period will not be paid. 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used In the plural form shall extend to and Include the singular. All words used in any gender shall extend to and include all genders, 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same Instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf ofthe Agency, to any person for influencing or attempting to Influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation. renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. . If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to. influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undertiigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with Its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, sUbgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. . . 72S-030-06 PUBLIC TRANSPORTATION 06107 Page 13 0114 22.00 Vendors Rights: Vendors (in this document identified as Agency). providing goods and services to the Department should be aware of the following time frames, Upon receipt, the Department has five (5). working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, If a payment is not available within 40 days after receipt of the invo.ice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F,S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a . delay In the payment. The invoice payment requirer:nents do not start until a properly completed Invoice is provided to the Department. A Vendor Ombudsman has been established' within the Department of Financial Services, The duties of this individual Include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850) 410-9724 or by calling the Department of Financial Services Hotline, 1-BOO-84B-3792. 23.00 Public Entity Crime: Aperson or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess ofthe threshold amount provided In 8. 2B7.017, F.S. for CATEGORY rNO for a period of 36 months from the date of being placed on the convicted vendor list. 24.00 Discrimination: An entity or affiliate who has been placed on the discriininatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may notsubmit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. { . 72!1-031).C6 PUBLIC TRANSPORTATION 06iC7 Pøge 14"'14 Financial Project No. 416249-1-94-01 Contract No. Agreement Date IN WITNESS WHEREOF, the parti~ hereto have caused these presents be executed, the day and year first above written. AGENCY FOOT S1. Lucie County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION . Director of Transportation Development TITLE TITLE · . Fin. Proj, No.: 416249-1-94-01 Contract No.: Agreement Date: EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBiliTIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Electrical Vault Upgrades SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federal Identification number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action from any other source. with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A The District project manager has 10 working days to review invoices after receipt of invoice packaa8 and corresponding progn:I!:~ report before submitting to District Financial Services Office for payment. '.. r"'. Fin, Proj, No,: 416249-1-94-01 Contract No,: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie Board of County Commissioners I. TOTAL PROJECT COST: $209,406 II. PARTICIPATION: Federal Participation: FAA, FTA, UMTA, atc, O.OOOfo $0 Agency Participation: In-Kind Cash 20.00% $41,881 Other Maximum Department Participation: Primary (OS) (DDR) (DIM) (PORn 80,00% $167,525 Federal Reimbursable (DU) (FRA) (DFTA) Local Reimbursable (DL) III. TOTAL PROJECT COST: $209,406 L' Financial Project No. 416249-1-94-01 Contract No. Agreement Date EXHIBIT C AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful lite of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life ofthe project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration oftheassurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. . 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the . Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good TItle: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any ofthe rights and powers necessary to perform any or all of the tenTIs, conditions, and assurances in the Agreement without the written approval ofthe Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations. and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing,lowering, Joint Partlc/plItIon Agreement (JPA) Exhibit C Page 1 (81212007) '..., i- 4. Compatible Land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chap~e~ 33.3, F.S. :rhe ordi~ances shall a~dress ~e.ig.ht restricti?ns and other potential aviation hazards and limitations on incompatible land uses In the VICInity of the airport, The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise, The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airp?rt ope.rations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. . 5. Consistency with Local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport Layout Plan: a.lt will keep a layout plan ofthe airport up to date showing: . (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offslte areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings. hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. . b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that ðre not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection, If this Agreement results in a facility that will be leased or otherwise produces revenue, the Agency assures that the revenue will be at fair marXet value or higher. 8. Airport ftevenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system: or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the ai rpo rt. 9. Fioancial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport Improvements depicted In the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. Joint Participation Agreement (JPA) Exhibit C Page 2 (8/2/2007) ~ . 10, Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions Interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring-the maintenance, repair, restoration, or replacement of any structure or facility which Is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, inciuding commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or Intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport Ineligible for federal funding. 14. Tennination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency may request a one-year extension of this two-year time period. The District Secretary shall have approval authority. is. Retention of Rights and Interests: It will. not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests In the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion ofthe property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: it wingrant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project If the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that It will grant the Department the right to disapprove the proposed project scope and cost of professional services. 17. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations. ground services, emergency services, terminal facilities, malnt~nance, repair, or storage. 18. Project Development: All project related work will comply with federal, state, and professional standards; applicable Federal Aviation Administration advisory circulars; and Florida Department of Transportation requirements per chapter 14-60, Florida Adn'linlstrativeCode, Airport Ucensing, Registration, And Airspace Protection. c. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: Joint Participation Agreement (JPA) Exhibit C Page 3 (8/212007) . , - 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodiC project and work activity reports as required. 3. Public Information:· Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country, 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This Includes: a. providing copies, In electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasil)le financial plan shall realistically assess project phasing considering availability of state . and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years In the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as pért of this Agreement does not constitute or imply any assurance or commitment on the part oftheDepartment to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project Involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire thelan~ interest In accordance with the Uniform Relocation Assistance and. Real property Acquisition Policies Act of 1970; the National Environmental Pòlicy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74. F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: Ð. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land Interests. . b. Securing written permission from the Department to execute each agreement with any third party. . c, Furnishing a projected,schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests, Joint PartiCipa.tion Agreement (JPA) Exhibit C Page 4 (8/2/2007) l .. ~ r . e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbLirsement to the Department shall be required. . 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct 8 paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 6. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction, the Agency assures that It will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. . b. All design plans and specifications comply with federal, state, and professional standards and applicßble Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutoI)' requirements. Joint Participation Agreement (JPA) Exhibit C Page 5 (8/212007) f', ¡" d, Completed construction complies with the project plans and specifications, Such certification must include an attestation from the Engineer that the project was completed perthe approved project plans and specifications. 2. Design Development Criteria: The plans, specifications, construction contract documents, and any and all other similar engineering, construction, and contractual documents produced by the Engineer for the project is hereinafter collectively referred to as ·plans" in this Exhibit. Plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. Plans shall be consistent with the intent ofthe project as defined In Exhibits "A" and "B" of this Agreement. The Engineer shall perform a thorough review of the requirements of the following standards and make a determination as to their applicability to this project. Plans produced for this project shall be developed in compliance with the applicable requirements of these standards: · Federal ~viation Administration Regulations and Advisory Circulars · Florida Department ofTransportation requirements per chapter 14-60, Florida Administrative Code, Airport Licensing, Registration, And Airspace Protection · Florida Department Of Transportation Standard Specifications For Construction Of General Aviation Airports · Manual Of Uniform Minimum Standards For Design, Construction And Maintenance For Streets And Highways, commonly referred to as the Florida Greenbook . · Manual on Uniform Traffic Control Devices Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations that apply to the scope and location of the project. 3. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Department for the project. The Agency assures that It will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 4. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of p~vement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that It will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at me airport. F. Noise Mitigation Projects If this project involves noise mitigation. the Agency assures that it will: . 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local govemment other than the Agency I enter into an agreement with that government. The agreement shall obligate the unit of local governmant to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes Joint Participation Agreement (JPA) Exhibit C Page 6 (8/2/2007) 11 ,... ,-- thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be banied out on privately owned property. enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures thaUt will take steps to enforœ the agreement if there is substantial non-compliance with the terms of the agreement. Joint Participation Agreement (JPA) Exhibit C Page 7 (8/212007) .."" ....... Fin, Proj, No,: 416249-1-94-01 Contract No.: Agreement Date: EXHIBIT D PROJECT AUDIT REQUIREMENTS The administration of resources awarded by the Department to St Lucie Board of County Commissioners may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F,S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMS Circular A-133, as revised, and/or other procedures, By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to St Lucie Board of County Commissioners regarding such audit. St Lucie Board of County Commissioners further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the FDOT's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (Le. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1, In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2, In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non- Federal resources (Le" the cost of such an audit must be paid from recipient resources obtained from other than Federal entities), Joint Participation Agreement (JPA) Exhibit D Page I of7 re' 4, ~ederal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART II: STATE FUNDED Recipients of state funds (Le, a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO; and Chapters 10.550 (local governmental entities) or 10,650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements, 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes, This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3; If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215,97, Florida Statutes, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (Le., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION Joint Participation Agreement (JPA) Exhibit D Page 2 of7 1, . ~ . ". Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directlv to each of the following: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 3, Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directlv to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Joint Participation Agreement (JPA) Exhibit D Page 3 of7 ., .~ IY ., Fort Lauderdale, Florida 33309-3421 B, The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A, The Department at each of the following addresses: Florida Department of Transportation Office of Modal Development. 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309-3421 5. Any reports, management letter, or other information required. to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A·133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6, Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. Joint Participation Agreement (JPA) Exhibit D Page 4 of7 .. -, J ~... EXHIBIT - 1 STATE RESOURCES State Aaencv Cataloo of-State Financial Assistance (Number & Title) Department of Transportation 55004 - Aviation Development Grants Amount $167,525 Obiectives 1, To provide funding for airport planning, airport improvement, land acquisition, and airport economic development. Activities Allowed: Airport Planning Airport Planning Grants are to study options for airport development and operations. The Department funds airport master plans, airport layout plans (ALP), noise and environmental studies, economical impact, services development, and airport promotion. Examples of projects are: - Master plans and ALPs; - Master drainage plans; - Environmental assessments (EA); - Development of regional impact (DRI); - Operations and emergency response plans; - Federal Aviation Regulations (FAR) Part 150 noise studies; - Environmental impact studies (EIS); - Wildlife hazard studies; - Feasibility and site selection studies; - Business plans; - Airport management studies and training; - Air services studies and related promotional materials. (FDOT Aviation Grant Program Handbook) Airport Improvement These grants are to provide capital facilities and equipment for airports. Examples of projects are: - Air-side capital improvement projects (runways, taxiways, aprons, T-hangers, fuel farms, maintenance hangers, lighting, control towers, instrument approach aids, automatic weather observation stations); - Land-side capital improvement projects (terminal buildings, parking lots and structures, road and other access projects); - Presentation projects (overlays, crack sealing, marking, painting buildings, roofing buildings, and other approved projects; - Safety equipment (including AARF fire fighting equipment and lighted Xs); - Safety projects (tree clearing, land contouring on overrun areas, and removing, lowering, moving, and marking, lighting hazards); -Information technology equipment (used to inventory and plan airport facility needs); - Drainage improvements. 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Clute Job List Effective August 17, 2007 DEPARTMENT POSITIONS AVAILABLE PAY GRADE JOB CODE REQ# Airport Airport Manager 23 527 07-068 Growth Management Assistant Director 26 623 07 -050 Bicycle & Pedestrian Coordinator 18 875 07 -048 Capllallmprovements Planner/Engineer 23 632 07-106 Senior Planner - TVC 22 920 06-325 Library Library Clerk - Temporary 3 850 07-101 Library Clerk - Part Time 3 850 07-102 Librarian II - Part Time 18 834 07-103 Office Assistant - Part Time 8 722 07-104 Parks & Recreation Recreation - Temporary Recreation Assistant (2) 6 606T 07-078,079 Public Safety Communications Officer Trainee Levell (5) 9 868 Continual Communications Officer I 14 728 06-259 INTERNAL APPLICATIONS ONLY: Research Park Executive Assistant 16 562 07-094 Information Technology I.T. Manager (Network) 26 778 07 -090 Public Works Engineering - Survey Technician II 11 796 07 -099 Road & Bridge - Heavy Equipment Operator I 11 824 07-100 All Positions will remain open until filled, You will be notified if a osition has been filled anI if au have been interviewed for that Joseph E. Smith, District No.1· Doug Coward, District No.2- Paula A. Lewis, District No_ 3 Charles W_ Grande, District No.4- Chris Craft, District No.5 County Administrator· Douglas Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982 Phone (772) 462-1546 Fax (772) 462-2361 TOO (772) 462-1428 Job Line (772)462-1967 www.co.st-lucie.fl.u5 .. 5/92-7/07 - :--"-<;/92 Richard M. Ladvko. P.E. 221 NW. Magnolia Lakes Blvd. Port St. Lucie, Florida 34986 772-530-8261 enginpod225@aol.com Professional Obiective Senior Engineering position where dedication, perseverance, loyalty and commitment are rewarded and appreciated Qualifications Profile · Proven leadership and team building skills, coupled with the ability to direct strong teams in managing customer relations and providing clients with one on one interaction . Consistency in meeting project deadlines and expectations, as well standards for billing and profitability · Over twenty five years of developing a comprehensive network of relationships and associations in the development, government and permitting communities. · Extensive experience in the design and permitting of projects on the coastal barrier islands in permitting with the F.D.E.P. regarding coastal construction issues Professional Experience Culpepper & Terpening, Inc., Vice President of Engineering, Land Development Division Served as Senior Engineer and Manager in the firm's Land Development Department. Responsibilities included the design and permitting of all of the firm's entire residential, commercial, institutional and industrial development projects. M¡¡¡;¡;gerl ¡; team of other Engineers, Engineer's in training and technicians and interfaced with other departmen~s including surveying and construction management for the -f i''-0j€Ct5. D<:~'ëi;:;pi.:d cHent base through networking and ::::-::j ;::r::·v~·:;Ie'-' ötrvng ,Hent relationships to assure satisfaction. Provided .:.::'t",tk'f1 at "è!memus City, County and State government agencies for . .... <. ~~!;!'!:"!~!!'t!~ ~. t:f';!T::"t":;t"';pr,"t~[;'!....~vr.:: :¡-_ ~_.. ._ . m.. _ .. '0" . . _·r ,t..J~ .~ ~._ ,_ .., _.!_ .~ie::,ïgn and permittjng to issues regarding iar!d use ana Iûfiing; E::~~:;-~~~·~~~~·~~"~-;':C~: ti:¿:;i';¡-.;: .- Jensen Beach land Company,lnc. .r~;:;".z::;..-;-r;r r..f !""~.w-;....:..-.,nrr"'iñ":' ;¡. ;;:n,ü~;.,\,¡¡¡,;,:;;;"~",",, _.. ._~.~_. --- .- - - -.-.-........ - .-...- - "J' ...- ~ iRe$poJ-IS~Ü¡.: ¡Uf t'î~ µidIU.tï.g, e'.gineeri'ìg aftû CÛJ)St.~ucth)o ù-f an 1170 Ate I'c"c,'kpm;;nt of Regional Impact located in Martin County, Florida. Coordinated multi _h ~-, .....i,..,n~¡j .;··:ç¡>"H1r·¡ -:-nl.".-1 n~?'!'1T;Î-rÜ1Q" -&;.¡ft.f1.rt¡;;; ~tU¡Þlø..., ~.nrà çTÃ~,Q ':::Uir1 rÞ/1Þ:r::1Í Ãconr-JÞÇ. ~' ., '-" ." '.",. '" .. . .... -, .... .. -. ....... . - ~, -. -" .'c;;¡.-...-..".. ,,,gan:iI,-,g ¿,Wifvii,T¡€flta" ,and U5~, p;;rm¡tt¡ng ;;md transportation issues. I "" ._- .. 9/83-5/90 Lawson and Noble, Inc. Vice President, Branch Manager, Port St. Lucie Office. Responsible for the management, operation and administration of the firm's Port St. Lucie branch office. Involved in all aspects of engineering, planning and permitting of residential, commercial, industrial and highway development projects. Responsible for the preparation of fee proposals, contract documents, project scheduling, invoicing and client services. Responsible for the representation of projects before government agencies, committees and commissions. Also served as District Engineer for the St. Lucie West Services District, a Chapter 190, Community Development District, which owned and operated the surface water management and utility systems. Responsible for the design and permitting of all District improvements as well as the review of all Developers funded improvements. 1980 1978 B.S. Civil Engineering B.S. Business Administration Education University of New Haven, West Haven, Ct. University of New Haven, West Haven, Ct. Professional Affiliations Florida Professional Engineer #34288 April1984 Florida Engineering Society American Society of Civil Engineers Software ADDlications Microsoft Word Microsoft Excel AutoCadd Land Desk top Microsoft Project Microsoft Powerpoint ADICPR .~ . JOB CODE: 632 PAY GRADE: 23 SALARY: $46,232.99 - $73,462.90 CAPITAL IMPROVEMENTS PLANNER I ENGINEER MAJOR FUNCTION: this position reports to the Director of Growth Management. The position requires highly developed skills in solving public facilities problems and consensus building. Manages, coordinates, and conducts the review of land development and comprehensive plan amendment applications for consistency with County and State Growth Management requirements relating to concurrency/adequate public facilities requirements. Manages and conducts the Growth Management Department's coordination with federal, state, regional, city and county agencies and utilities regarding adequate public facilities issues, capital improvements, planning and programming, ground water supply planning, and school concurrency. Acts as Growth Management Department Director in the absence of the Director and Assistant Director. Assists the Director in drafting standards, procedures, resolutions, and ordinances related to public facilities, Responsible for managing and conducting the annual update of the County Comprehensive Plan Capital Improvements Program as a coordinated interagency process. KNOWLEDGE, ABILITIES, AND SKILLS NEEDED IN ORDER TO PERFORM THE ESSENTIAL JOB FUNCTIONS: Knowledge: Familiar with demand forecasting procedures for a variety of public facilities, and with facilities planning, engineer ing, funding and budgeti ng requirements. Abilities: Ability to establish and maintain effective working relationships with the public and fellow employees. Ability to effectively communicate and present recommendations to professional engineering and design staff representing developers and a variety of public agencies, and to various planning committees and to appointed/elected Boards. Ability to supervise staff. Skills: Skills in dealing with lay persons, professionals, and decision makers in resolving difficult facilities requirements issues; supervising staff; site plan review; data analysis; and planning report preparation. ESSENTIAL JOB FUNCTION: Reviews site plans, DRl's, rezoning cases, and comprehensive plan amendments relevant to facilities impacts and recommends appropriate facilities impact mitigation strategies and concurrency management conditions for approval. With little supervision, conducts coordination with federal, state, regional, and local agencies and the school Board regarding concurrency management and facilities planning. Responsible for the creation, management, and maintenance of a concurrency management database for those facilities subject to required Level of Service standards by state law and such additional facilities as may be assigned Levels of Service in the adopted comprehensive plan, Develops analyses and recommendations regarding public facilities for the periodic Evaluation and Appraisal Report and associated comprehensive plan amendments. Assists the Director and staff in resolving project design issues. Performs related work as requested or assigned. ESSENTIAL PHYSICAL SKILLS: Use of hands and fingers with dexterity, Good hand/eye coordination, Very frequent use of good near and far vision and good hearing with or without correction. Periodic walking and standing. Occasional light lifting and carrying (30 pounds or less), reaching above shoulders, kneeling, bending and squatting. Ability to operate County automobile continuously for a period of one hour. / '"' ENVIRONMENTAL CONDITION REQUIREMENTS: Nearly constant work inside the office in a sedentary posture. Periodic attendance at meetings inside and outside the County office buildings. WORK HAZARDS: Possible vision dysfunction due to heavy computer work, Occasional field visits to undeveloped areas, agricultural areas and areas under development, with attendant hazards. EDUCATION: Bachelor of Science in Civil Engineering or Urban Planning with at least three years experience in responsible charge of site construction, public works, or facilities design, at least one year of which must be supervisory. Alternatively, a Bachelor of Science in a quantitative discipline, engineering, science, mathematics, or statistics and a Master's Degree in Urban Planning, CivillTraffic Engineering or related field with at least one year of experience in engineering design or supervision of facilities construction, and one year of supervisory experience. A comparable amount of training or experience may be substituted for the minimum qualification s. EXPERIENCE: Minimum 3 years planning or engineering experience concentrating in capital improvements analysis/design/budgeting/planning and experience in/familiarity with concurrency management or facilities needs analysis. LICENSE, CERTIFICATION OR REGISTRATION: Prefer a candidate with AICP certification and/or a PE license in Florida, Valid Florida Driver's License is required and must maintain a good driving record. I Union Non-Union ~ I Exempt ... Non-Exempt Created 06/2006