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HomeMy WebLinkAboutAgenda Packet 08-21-01 ðv >G ~'V ~\-~t ~ "wi Monday, August 20,2001 / We are the residence and property owners living in Indian River Estates whom oppose the rezoning request by Katherine England to have her class A mobile home be defined as a single family dwelling and reside on Papaya Drive. The undersigned implore you, our board of county commissioners, to deny her request. .~ ~ ~'o~ ~~'('--\--ow ~T Ç)~. ~. ~C¡cJ3 (~(c:1 ~~t 1::5,~ ¡(.~ S 9èJ'-( II <Æ-"-<:A- Q) r, ~ ~ 5",9ó7 .7'«<'<'"": Rr 0~lö '(vQ(14 Uv--. ~ i~ ~ 1~ srld !U((6-~ /!J1lI?/ jt¡ 0~ i)q/~ LjLÆCCt æ,¡'v,-, ~~ >t5"'J4'1a4 6ûú5 YUC01 ~4- (POO'/ jtt(l(1A- ~~. h()o& t<Æ(!<L /; () 1/ ~,{, ({"I /J/" bD(~ Yùc-cA D~ ('OIÇ~ Y4c~ DR \\ ~>G -+t''V ~r~ [ ..... ..",,; Monday, August 20, 2001 / We are the residence and property owners living in Indian River Estates whom oppose the rezoning request by Katherine England to have her class A mobile home be defined as a single family dwelling and reside on Papaya Drive. The undersigned implore you, our board of county commissioners, to deny her request. .~ ~ ~'o~ ~~'('-+ow ~T Ç)~. ~ ~C¡cJ3 (~(c:1 Þ\~t 1::5,~ ¡(.~ S 9èJ'-( II <Æ-"-<:A- Q) r, ~ ~ 5".9ò7 .7"«<'<'"": {(r 0~lö '(vQ(14 Uv--. .,..., Monday, August 20, 2001 / We are the residence and property owners living in Indian River Estates whom oppose the rezoning request by Katherine England to have her class A mobile home be defined as a single family dwelling and reside on Papaya Drive. The undersigned implore you, our board of county ;¿::' to deny her requestG f 0'-3 L¡ UU~ kÞ . / ~/o,. fAl'o. 7<; [Jr. ú/1}1 ), ú/; m~Æ-- " /// '" (0 I 0 L( P 'Y';;t fJ-1-' b r 0 '). fA-f'/'f ft. ÌY..~ t I (j) 5 P"-f'CJ-.} '-- D /' (þ (0 / f'Y7'?~ -01 '1 PfJP~ß [Y< CoOi~ f~y {JI1. ~ {j ~ t (2fJv'-fP Oi2 bOO q ~(tfAY ^ PeR.. þ007 f!fñY4 r~ '- '-'" AUGUST 21,2001 6:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda -which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS-, These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 AM., then public hearings will be heard at 9:00 AM. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 AM., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, Fi 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. """ ....., www.stlucieco.gov John D. Bruhn Doug Cowa~d Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 BOARD OF COUNTY COMMISSIONERS AGENDA August 21, 2001 6:00 P.M. INVOCATION PLEDGE OF AlLEGIANCE 1. MINUTES Approve the minutes of the meeting held August 14, 2001. 2. PROCLAMATIONS / PRESENTATIONS / ANNOUNCEMENTS There are no proclamations, presentations or announcements for August 21,2001. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBUC HEARINGS EMENT AND BUDGET Budget Resolution No. 01-175 / Local Law Enforcement Block Grant 2001 Award- Consider staff recommendation to accept the grant on behalf of the Sheriff's Office, approve the resolution to increase the Fine and Forfeiture Fund by $72,927, and authorize the County Administrator to sign the electronic grant award document. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to apReal any actior. taken by the Board at ttiese meetir.gs will r.eed a record of the proceedir.gs ar.á for such purpose ma'{ neeä to ensure that a verbatim record of the proceedings is made. Upon the rec;¡uest of ar.y party to the proceedings. mdividuals testifyir.g during a heari(lz.will be.swom in.. Any party to the proceedmg~ will b.e gr.a.nted th~ 9Pportunit'¡ to cross-examir.e any indivtélual testlfYmg durmg a hearing_upon request. Anyone with a dlsaòihty re~ulrlng accommodation to atter.d thIS meeting should contact the St. Lucie -County Commur.ity Services Manager at (561) 462:] 777 or TDD (561) 462-1428 at least fofty-eight(48) hours prior to the meetir.g. '-' "wi REGULAR AGENDA AUGUST 21,2001 PAGE TWO PUBLIC HEARINGS (CONTINUED) Resolution No. 01-188/ West First Street MSBU - Consider staff recommendation to adopt the resolution creating the West First Street MSBU; authorizing the County Engineer to proceed with the engineering and design of the project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority, and approve funding the project using the MSBU In-House Revolving Loan Program. J7ic Resolution No. 01-189 / Revels Lane1 MSBU - Consider staff recommendation to adopt the resolution creating the Revels Lane1 MSBU; authorizing the County Engineer to proceed with the engineering and design of the project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. Y ATTORNEY Resolution No. 01-128/Schamback/Ouasi- Judicial- Consider staff recommendation to approve the resolution granting a Variance from Section 6.02(B)(2)(a)(2) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks, and a waiver from the requirements of Section 8.00.05(A) of the St. Lucie County Land Development Code -Fencing Requirements Around Pools. Location: 3311 Eventide Place VVF. ~esolution No. 01-127/Bingo Emporium/Ouasi-Judicial - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow the operation of a Bingo Establishment in the CG (Commercial, General) Zoning District. Location: St. Lucie Palm Center, west side of South US 1, at the intersection of South Mediterranean Avenue and South US 1 Interlocal Planning Agreement between St. Lucie County, the City of Port St. Lucie and the Port St. Lucie Community Redevelopment Agency - Consider staff recommendation to adopt the Interlocal Planning Agreement, and authorize the C turman to sign the Agreement. """ ...¡ REGULAR AGENDA AUGUST 21, 2001 PAGE THREE ;J. ~\1 Ii vi PUBliC HEARINGS (CONTINUED) UNITY DEVELOPMENT CONTINUED Resolution No. 01-126/New Horizons of the Treasure Coast/Ouasi-Judicial - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow the expansion of certain administrative support operations for the existing New Horizons of the Treasure Coast Mental Health Facilities in the I (Institutional) Zoning District. Location: 4500 West :Midway Road Resolution No: 01-122/Mills/Ouasi- Judicial - Consider staff recommendation to a ove the resolution granting a Change in Zoning from the RMH-5 (Residential, obile-Home - 5 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. Location: 4995 Deanna Lane, Fort Pierce Resolution No.. 01-129/Ward/Ouasi- Judicial - Consider staff recommendation to approve the resolution to define a Class "An Mobile Home as a Detached Single- Family Dwelling Unit in the AG-l (Agricultural - Idu/acre) Zoning District. Location: approximately 1,000 west of Koblegard Road, north of Indrio Road Resolution No. 01-130jEngland/Ouasi- Judicial - Consider staff recommendation to approve the resolution to define a Class "An Mobile Home as a Detached Single- Family Dwelling Unit in the RS-4 (Residential Single-Family - 4du/acre) Zoning District. Location: east side of Papaya Drive, approximately 265 feet south of the intersection of Bartow Street and Papaya Drive Ordinance No. Ol-OlO/Westchester Development/Quasi-Judicial- Consider staff recommendation to approve the draft ordinance granting the petition of Westchester Development Company, a Florida Corporation, for the establishment ofa uniform community development district to be known as "Westchester Community Development District No.1" as authorized and provided for in Chapter 1/ 190, Florida Statutes. . Ordinance No. Ol-Oll/Westchester Development/Quasi-Judicial- Consider staff \ recommendation to approve the draft ordinance granting the petition of \ Westchester Development Company, a Florida Corporation, for the establishment of a uniform community development district to be known as "Westchester Community Development District No.2" as authorized and provided for in Chapter 190, Florida Statutes, '-" """" REGULAR AGENDA AUGUST 21,2001 PAGE FOUR PUBUC HEARINGS (CONTINUED) EVELOPMENT CONTINUED Ordinance No. 01-012/Westchester Development/Quasi-Tudicial- Consider staff recommendation to approve the draft ordinance granting the petition of Westchester Development Company. a Florida Corporation, for the establishment of a uniform community development district to be known as "Westchester , munity Dèvelopment District No.3" as authorized and provided for in Chapter 90, Florida Statutes. Ordinance No. Ol-013/Westchester Development/Quasi- Tudicial - Consider staff recommendation to approve the draft ordinance granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of a uniform community development district to be known as "Westchester C mmunity Development District No.4" as authorized and provided for in Chapter 90, Florida Statutes. Development Order DV A-0l-001 - Consider the draft Development Order between the Westchester Development Company, a Florida Corporation, and St. Lucie County affecting certain lands in St. Lucie County to be known as the Westchester Development of Regional Impact. ,C / {J I 5p/ Resolution No. 01-131/Century 21 Real Estate/Quasi- Tudicial - Consider staff ~ V recommendation to approve the resolution granting a Change in Zoning from the j1:J HIRD (Hutchinson Island Residential District) Zoning District to the PNRD (Planned or it' Nonresidential Development) Zoning District, and for Preliminary and Final PNRD t/ ¡) approval for the construction of a 1,792 square foot office building to be know as C rI Century 21 Real Estate. Location: west side of North AIA, immediately south of the o ¡/í North Hutchinson Island Wastewater Treatment Facility. f 8' J Iis,&.t--' Resolution No. 01-121/Hess Station /MBTB, Inc.jQuasi-Tudicial - Consider staff I recommendation to approve the resolution granting a Conditional Use Permit and /' P Major Site Plan approval to allow the construction of a 3,500 square foot '/1 ¡5S-¢ convenience store with nine gasoline pumps and an automatic car wash to be ¡{ J known as Hess Station - Midway Road & Selvitz Road. Location: northwest corner fOc of Midway Road and Selvitz Road t~· C""'- ¿y ¿.--, _ .-" r-------'. "" ....; REGULAR AGENDA AUGUST 21,2001 PAGE FIVE PUBUC HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT (CONTINUED) 5R. Resolution No. 01-125/ Pelican Pointe East Land Trust /Ouasi- Tudicial - Consider staff recommendation to approve the resolution granting a Change in Zoning from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District,. Location: east side of SouthAIA, south/southeast of the South Hutchinson Island Wastewater Treatment and Water Reclamation Facility and directly south of the Ocean Bay Preserve. End of Public Hearings COUNTY A TIORNEY ¥\. Payment of Defense Expert Witness Fee in the Criminal Case of State v. Woodward- Consider staff recommendation to not authorize the payment of the additional monies requested and thus, allowing the Fourth District Court of Appeals during the appellate process to determine the reasonableness of the compensation and sufficiency of the Court Order. '-' CONSENT AGENDA August 21. 2001 ....,¡ 1. WARRANTS LIST Approve warrants list No. 46 2. PUBLIC WORKS A. Engineering / Camino Court Canal Sediment Removal/Stabilization Project- Consider staff recommendation to approve the Engineering Work Authorization for BCI Engineers and Scientists, Inc. to prepare engineering plans for the project, in the amount of $17,537.77, and authorize the Chairman to sign the Work Authorization. B. Road & Bridge / Permission to Advertise - Consider staff recommendation to grantyermission to advertise the U.S. 1 Median Maintenance Contract. C. Engineering / Academy Drive MSBU - Consider staff recommendation to grant permission to advertise the second public hearing, to be held on September 18, 2001 at 7:00 pm, or as soon thereafter as possible. D. Budget Amendment No. 01-170/ Equipment Request No. 01-282 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of a flexcam high resolution video camera and lens in the amount of $995 for the Oxbow Eco-Center. 3. COMMUNITY DEVELOPMENT A. Dravo Subdivision / Final Plat Approval - Consider staff recommendation to approve the final plat for the Dravo Subdivision. B. Herndon Estates Subdivision / Final Plat Approval - Consider staff recommendation to approve the final plat for the Herndon Estates Subdivision. C. Nau Ranch Subdivision / Final Plat Approval - Consider staff recommendation to approve the final plat for the Nau Ranch Subdivision. D. Papaya Grove Subdivision - Consider staff recommendation to approve the request of Joseph Gorham for an exemption from Section 11.02.09(A)(5) of the St. Lucie County Land Development Code requiring the preparation of an Environmental Impact Report for the Papaya Grove Subdivision - Minor Site Plan. . E. Lennard Road Special Assessment District (SAD) / Road Impact Fee Credits - Consider staff recommendation to authorize staff to conduct a review appraisal to verify the values outlined in the primary appraisal for the dedication of certain lands to the City of Port St. Lucie for the South Lennard Road SAD Improvement Project. F. Budget Resolution No. 01-152 - Consider staffrecommendation to approve the budget resolution for payments of the application fees associated with the Westchester Community Development Districts. CONSENT AGENDA AUGUST 21,2001 PAGE TWO ~ '-' 3. COMMUNITY DEVELOPMENT (CONTINUED) G. Resolution No. 01-132 - Consider staff recommendation to approve Resolution No. 01-132 ,amending resolutions 01-018, 99-020, 94-128 and 98- 128, which amended resolution 89-022, the schedule of fees, charges and other expenses for bUilding permits. H. Job Growth Investment Grant for RheiIÙander Instrument Corporation _ Consider staff recommendation to approve the Job Growth Investment Grant in the amount of $6,000. I. Tourism Special Event Grant Agreement / Fort Pierce Jazz Society _ Consider staff recommendation to approve the agreement, and authorize the Chajrman to sign the agreement. J. Tourism Special Event Grant Agreement / Treasure Coast Food Bank, Inc. _ Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. K. Tourism Advertising Grant Agreement / Treasure Coast Food Bank, Inc. _ Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. 4. MANAGEMENT AND BUDGET A. Budget Resolution No. 01-190 - Consider staffrecommendation to approve the budget resolution to budget and appropriate donations received for the Grand Opening of the St. Lucie County Marine Center. B. Budget Amendment No. 01-169/ Furniture for the 7th Street Court Facility- Consider staff recommendation to approve the budget amendment moving $7,932 from Fine & Forfeiture contingency and encumbrances carried forward accounts into the equipment < $750 account. '-' ....,¡ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY,. FLORIDA REGULAR MEETING Date: August 14,2001 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 10: 40 a.m. Commissioners Present: Chairman, Frannie Hutchinson, Doug Coward, Cliff Barnes, Paula A Lewis, John D. Bruhn Others Present: Doug Anderson, County Administrator, Heather Young, Ass1. C01.mty Attorney, Paul Phillips Airport Director, Marie Gouin, M & B Director, Pete Keogh, Parks and Recreation Director, Ray Wazny, Public Works Director, Dennis Wetzel, IT Director, Bill Blazak, Utilities Director, Roger Shinn, Central Services Director, Paul Hiott, Veterans Services Director, Jim David, Mosquito Control Director, Leo Cordeiro, Solid Waste Manager, Don Cole, Acquisitions Manager, Don West, County Engineer, A. Millie, Delgado, Deputy Clerk 1. MINUTES (1-021) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the minutes of the meeting held July 24, 2001; and, upon roll call, motion carried unanimously. 2. PROCLAMA TIONSIPRESENT A TIONf. A. Resolution No. 01-180- Proclaiming the week of August 27,2001 through September 3, 2001 as "Fire Fighter Appreciation Week" in 81. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com: Coward, to approve Resolution No. 01-180; and, upon roll call, motion carried unanimously. B. Resolution No. 01-181- Proclaiming Sunday, August 5, 2001 as "National Kids Day" in S1. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Lewis, to approve Resolution No. 0 I. -181; and, upon roll call, motion carried unanimously. C. Presentation- Paul Hiott, Veterans Services Director presented the Bronze Star and Purple Heart to Leonard 1. Smallacombe, son of Bert H. SmaIIacombe, U. S. Army Veteran, who dies while stationed in France on December 3, 1944. D. Rachel Scott, FPL presented the Board with a check in the amount of $1 0,000 for the S1. Lucie County Marine Center. E. The August 21, 2001 BOCC meeting wi!: begin a 6:00 p.m. . '--' 'wi 3. GENERAL PUBLIC COMMENTS (1-576) Unintelligible name given, resident of 1205 Orange Ave., addressed the Board regarding the draina§,1t problem in his area. He requested assistance from the county regarding the maintenance of the drainage ditch. Mr. William Smith, 2440 Jernigan Road, addressed the Board regarding the zoning of his property. Mr Jim DeLar, Picos Road resident, addressed the Board regarding the project and requested the Board consider the oak trees which could be damaged with this project. He stated the residents in the area are against the paving of Pic os Road. Ms. Jean Hearn, Indrio Road resident, addressed the Board regarding item C6-E and presented pictures for the Board to review of the property which is owned by Mr. Reynolds. This property is not maintained and is a hazard with all the deb:-is left on and around it. Ms. Alfie Smith, adjacent property owner, addre~~sed the hazardous conditions of the property and stated she feared that one day she would COlr.e home and her house would not be there since Mr. Reynold's property is a fire hazard. . Mr. Charles Grande, Hutchinson Island resident, addressed the Board regarding public input not being recognized by the Expressway Authority. He expressed his concerns with the two projects on S. Hutchinson Island which are affecting the dunes. Mr. Robert Anderson, Indrio resident, addressed the Board regarding a recent arrest of a prominent SLC resident and asked the Board to êonsider funding non-profit rehabilitation agencies. 4. CONSENT AGENDA (1-1677) It was moved by Com. Barnes, seconded by Com. Bruhn, to approve the Consent Agenda to include Additions C-1A; and, upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 43 through 4~;. . 2. ADMINISTRATION] Citizen's Budget Committee- The Board ratified Com. Coward's appointment of Frank Aguayo to the Citizens Budget Committee. 3. PARKS AND RECREATION A. Budget Amendment No. 01-163Æquipml.':nt R~quest No. 01-277- The Board authorized staff to piggyback off the School District ofOsce:Jla County's contract for purchase of multi-use transportable bleachers in the a<nount of$37,755 using Century Industries as the manufacturer, approved the budget reA:olution and equipment request for the purchase. B. Resolution No. 01-182 and Resolution No. 01~J 83- The Board approved the resolutions establishing new fee schedules for ~hf: 131. Lucie County Historical Museum and the 81. Lucie County Marine Center. ,., -L,- II Ii :1 i ¡ : ,I i i i ;,' I t I LUCIE ,COUNTY ~ ! ; !, F'77>.BWARR 07/27/01 .' :1, I '. ; ! :' !, I ' I To:h - JpL- 2 001 FUND 001 001001 001128 001130 001136 001217 0.01255 001256 001259 001269 001813 101 101001 101002 101003 102 102001 105 107 107001 107002 J '_21 L_ 112 120 122 126 139 140 140001 140275 160 183 183001 186 201 304 316' 316001 316801 ~82 401 401221 418 421 441 4""' '" 471 491 501 505 505001 510 611 625 PAGE 1 I : I #43- 'FUND II , ' EXP,ENSES WARRANT LIST TITLE; I I i General Fund : 'Recreàtion Special, Events' I , .. i · Section, 112/MPO/FHWA/PlanningFYOll- t· TC Corpmunity Action Age'ncYF:YOO!Ol i' , ~~=~~i~!~~~~P~î~ð~~~~ig~:!i~!~!!;~;-·I·~·: I ' .. I. "' 1- '. . ~. I CTD TRIP Grant FY, 00/01 - .1...." i . Emergency Mgmt. Prep & Asst.' FYOO/ ' FDEP-Urban Mobile ,Lab Grant:Ol/02 C/S/C Lawnwood Stadium¡Batting Cage Transportation Trust Fund:, I Tx'ansportat-ion Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Unincorporated ServicesFund::~':::: Drainage Maintenance ··MSi'U----· ~---:-::-: . " '. I Library Special Grants. Fund' ~ Fine & Forfei tureFundl;· ':.:. Fine & Forfei tÙreFurid':'WirèIesS SUr' Fine & Forfeiture Fund':'E911 Surchar USDOT/FDOT-DUI. Specialist 00/01""'" River ,Park I Fund " , River:ParkII Fund The Grove Fund, Indian River Estates Fund Southern Oak Estates Lighting Palm Grove Fund Port & Airport Fund 'Port Fund DOT-140-Airport Maintenance Bldg , Plan Maintenance RAD Fund ' Ct Administrator-19th JudicialCir Ct Administrator-ArbitrationjMediat Recycling Operating Fund So County Regional Stadium Debt Communication System Fund County Capi tal ' ., 'i : Transportation: Capital!, . II , Smi thsonian Furni ture Grant I' Environmental Land Capital Fund" Sanitary Landfill Fund I ' Wast Tire Grant Fyo%i " Golf Course Fund :1 I H.E.W. Utilities Fund: North Hutchinson Island S ..' Hutchinson Utili ties . Fund'"---::::::::.' ':-'-- . Sports Complex Fund· -'+~--'':'':'i;--:+:::''---- r- ~AYROLL I ' I 24,032.00 , ' 0.00, 0.00 ,0.00 0.00 O.OO~; O. DOl 0.00 0.00 0.00 0.00 . 0.00 0.00 0.00' 0.00 ..0.00 ----b·~ 00 ,.. 0.00 0.00 O"r~OO -- ~ -- 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, I i 0.00 0.00 0.00, 0.00 o~oo:· 0.00, 0.00 0.00: 0.00: 0.00' 0.00, o. oo~. 0.00 506,631.81 '356.33 ' . "760.75 I' :,,1,3,25.19 4'10.50 ., '2;375. O().:¡_::.::::~;~:- 49.14 '17,5,79.52 463.54' 8.8..04 142.8.2 44,640.60 43.6.65 1,'902.30 1,200.00 10 1_073~14 9,102.54 952.27 378.,470.45. ., '121;25 6,453.,56 15,687.8.2 2 , 66,0 . 49 52,7.96 158.43 896.12 113.41 682.47 25,501. 24 7,926.91 900.00 3,583.87 320.09 114.08· 3,136.79' , 12, 13 6.92 110,896.65 ,37,028.13 i 540.00 : 1,799.51 : 70 6 . 99, 68,849.40 8,387..92. 23,660.12' 2,371.60 26,372.00 27,651'.95: ";'1 0l~~ ª-º.~.:~2J._-, , i - ~ ~ , : :24,006.98 : 2,465.52 :13,748.4 'Z 408,534.70 110,15.8.75 ·:127,53'1.54 ..O"" j__ _, '. _: . 1,4,017.00. 113 ,6~.o .11: ,! .....- I I ~ I I, i il ST. \>LUCIE , !I ¡ !' COUNTY 08/03/01 , WARRANT LIpT#44- FUND E!0ARD ,DATA' .,: I, I 28-JUL-2001 TO ,03-AUG-2001 SUMMARY F'7"1\BWARR FUND 'TITLE' ¡ , i I Ii , 001 General Fund !: 001001 Recre~tion Special Events , 001124 'FTA USC Section 5307 FY99/00 001130 TC Community Action Agency FYOO/01 001137 Zora Neala Hurston Dust Tracks Heri 001139 FHA Transportation for:21stCentury 001140 Section 112/MPO/FHWA FY01/02 001145 IMLS/2001 Conservation :Jl_ssessmént 001211 95/96 Section 8 Plannirig Grant 001218 96/97 Section 8 Planning Grant,n 001243 Childern's Environ. Learning Center 001255 ' FIa Fish and Wildlife Conservation 001258 TDC Planning Grant FYOO/01 ··b01269 " l?DEP-UrbanMobile ,Lab Grant 01/02 001809 SFWMD~Floridian'Aquifer Well 01/04 001813 C/S/C I Lawnwood Stadium~IBp.tj:~ngCage 101 Transportation Trust Fund '. . 101002 Transportation TrD¡stj80% Constitut 101003 Transportation Trust/LocalOþtion ; . . , -. . . I ..... -. 101006 Transportation Trust/Impact Fees i 102 Unincorporated Services Fund ' J ")01. Drainage Maintenance MSTU . l~~Library Special Grants Fund,: 107 Fine & Forfeiture ¡Fund'1 " " 107001 Fine '& Forfeiture 'Fund:'WirelessSur , '. I I " . 107·002 Fl.ne & Forfel.ture !Fund-E911 I Surchar I 107003 Fine &: Forfeiture 'Fund"';800 Mhz Oper 109 Drug Abuse Fund': . ' , I 115 Sheraton Plaza Fund I i 118 Paradise Park Fund: , 127 Pine Hollow Street Lighting 140 Port & Airport Fund 140001 Port Fund 140313 Airport Master Plan Update 140800 IRL Taylor Creek Resto~ation SFWMD 160 Plan Maintenance RAD Fund ;': i 183 Ct Administrator-19th Judicial Cir 183úOl Ct Administrator-Arbitration/Mediat 183002 Ct Admin.-County Arbitration/Mediat 183004 Ct Admin. - Teen Court: . i 183106 Domestic Relations Hearing FYOO-03 184204 South Co. Post Storm StudyFDEP 186 Recycling Operating Fund ',' 186204 Recycling & Educat'ionGJTan~i FYOOjOl 304 Communication System ~und ' . 316 County Capital . I I 3"~1)01 Transportation 'Capital 4 Sanitary Landfill Fund , .,.' I..· I' , . . '. : ; i Golf Course Fund . I , ' IH.E.W: Utilities Fund. I ' : ,I ,!, . North': HutchinsOn" ISland Utilities'l Renewal & Replacement Fund . ! I ; S. Hutchinson Utilitiesl,Fund1 . "', ," -.," ;.' :!,"!' :-! Sports' C9mplex . Fund .: ! I:, ¡ ..' I I I No County Utility District:'Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund . ,i: .¡ I Information Technology Fund: 'Heal th Insurance Fund Property/Casualty Insurance Fund ',serviceGarage Fund .;: i I Tourist Development Trust-Adv Fund Law Liþrary:r~~·:."¥:..__.. ..... 418 4'21 441 448 451 461 471 478 479 491 501 505 505001 , :'510 611 625 . 'wtÌ EXPENSES 165,555.35 "200.00 0.00 1,592.50 ;0.00 . c.·~;cO.O 0 . '0.00 .. 6,050.00 . 25 , 00,0 . 00 1,862.61 1,953.75 7,270.00 0.00 0.00 0.00 , 202. 20..!:~ 22,685.31: 10,383.32 . 267,948.37,: ....... i. i ,ÙE¡':iö ",_.n.n.. i.4,466.45 47.36 . 2, 473 .45, 32,153.09 ~: 2,934.29 15.61 . p.OO 140.52 450.45 724.52: .337.39 11,153.55 297 ~OO) ! 9,274.65 124,860.93 . 4,979.10 l,140.91i 446.68: 375.00: 0: 0 Ohi'" .. 6,158.52 . i 9,410.00[ , 146.03 Ii' 0.00, I 4,113.06 126 , 211 . 79 . "106;662:24:' .. ::9,982.21:, c--l''·'-----·-·-!·:·:-i......... I! .j II : ¡! i 7, 912 . 73 I ! l,32i9.5~: ,80 ,6 b'4~54 . i" : 4,158.00 61,312.53 , 4, 61'6 . 0 Ö 6,342.90 3,470.76 22,483.151 9,178.77 48,858.06 , 2,518.74 . 0.00 14,313.35 64.35 309.77 1,038,267.56 .. _.._,·_..u.___.....·__ PAGE ; 1 PA.YROLL 328,,743 :21 0.00' ,1,086.90 0.00 274.73 230.80' 3,996.65 0.00, 0.00 0.00 0.00 0.00 553.52 l,i88:'80': ,1,188.80 ..... P.,OO: 99,181. 92 , . 0.00 ,.. 0.00" --.-- . -.,.---..- ~~ o ~',OO .4;8,.005~.56 !4,437.58 '2,190.02 80,080.60, Ii 0.00 i 383.34 1,150.01 I .. 0.00 i , 0.00 i.. 0.00' 0.00 6,349.75; L "0: 00 0.00 i': .. 0.00 2,425.30 ;4,386.62 '1,088.18 .; 0.00 ·2,673~73· I 0.00 : i 0.00 ,1,808.32 ?02.781 ; 0.00 i 0.00 , 10.00 ····32 ':279.03' .. 'P'";"" -I' '....: ! .18)816:92 .i 1171.58 .... "I 3;! 5 02 : 3 9 i 0.00 . [585.75 13,,775.77 3,932.16 .. I 0.00 0.00 22 " 9 51 0 . 3 0 68,200.27 3,055.55 1,707.53 51,467.13 3,727.39 . ......0.00 774,238 . 851 \ \ 1- 08/10/01 F77\BWARR FUND 001 001106 001115 001122 001124 001128 001137 OÒ1139 . 001140 001255 001256 001258 001261 001262 001269 001804 001809' 101 101002 101003 101006 l '.04 1, _210 102 102001 104002 105 107 107001 107002 107003 121 140 140001 145813 160 181 , 183' 183001 183002 ],83004 183211 184203 186 186204 301 3'" . m_ _ . J02 316 316001 , 330 335 382 390 401 418 421 441·,· . 451 461 471 491'" .501 505 ." 5 0 5'0 0 1 510 611: "615"" , 625 ¡i II "-Ii i: ....... , , i ! Ii,: ; ': LUCIE COUNTY, - , ST. : ; , , 04-AbG-200i TO SUMMARY EXPENSES I' i i.! I I 'I, General Fund , ' : 129,453. 5T': FTA-OQ1~49 USC ;See 5307' (See 9), ji :998.00 J FTA-001-49 USC Section 5307 "97/98 I 1:8,671;00 CDBG-.cWorld ofPlast'ics ::1,177.10 , FTA USç Section 5307 FY '99/00 ' , I' '.:90.17 ! , ,-.' ,¡ ___I Section 112/MPO/FHWA/Planning·.FY01 ' ;1143.53.:,,':" ZoraNealaHurston"Dust:T:áiCki Hed " 22.89 FHA Transportation :EoL 21st Century '17.66 I. Section 112/MPO/FHWA FY01/02; " 565~ 78' Fla Fish and Wildlife ConserVation ,23.40 ' CTD TRIP Grant FY 00/01' . . . .', :17,591.04 TDC planning Grant'FYOO/Ol 46.52 'Sòuth CountJi:Stadium I 1,918.00, Manatee Protection' Plan II! Fl Fish '10,375.00, FDEP""Urban Mobile Lab Grant. 01/02 99,28 SFWMjSLSWCD Well Monitoring'. Program. '99.28::_ .... S FWMD":;Flori di an' Aquife:I:";:wen-Oi/ö-.f r" 1"01-:8'0;'-"' -.--:-- Transportation Trust Fund" 96,547.66: TranSp?rtation Trust/80%' c6ristifut ',2,478. OO! Transportation' Trust/Loca10ptionn " ';'4; 1'18 .35. Transportation ,TrustIImpactFees','r" . '24,052:25 FHWA/FDOT Hu.:i:-ricane Floyd reimburse ! 2,679.28 New County Health Building ;i: ' 13,586.38 Unincorporated Services! ;Fund 39,875.62 Drainage Maintenance MSTU·m , 106 ¡338; 95 Elizabeth M~ Kiesse1 Bequest!Fund 700.00 Library Special Grants Fund: 5,486.90 Fine &' Forfeiture Fundi:', 2;'891,579.22" Fine & Forfeiture Fund-Wireless"Sür-18,930.61 Fine & Forfeiture Fund-:E911..Surchar .69,345.00 Fine & Forfeiture Fund-800'-Mhz -Oper-..--.-.--:·--97. 50 ---.---.. Blakely Subdivision Fund ' 69.00 Port- &: Airport--Pund:. '_'_H___n.~'_.'__ - _ .---~:.,1,~-816'·'. 91~· _"-·_'~_~m m Port Fund' '. 5.33 IRL SWIM Impound Rest ,fIX 1,280.00 " Plan Maintenance RAD Fund , 2,055.79, SLC Housing Finance Authority Fund 232.22 Ct Administrator-19th Judicial.Cir., 1,479.19 Ct Administrator-Arbitration/Mediat 975.92 Ct Admin::..CountyArbitration!Medíae:-------.--·'-u·--75; 00 Ct Admin. - Teen Court '. ' , 2,245.83 Civil Traffic Infractiod officer st 1,630.00 Ft. Pierce Beach Restorå.tiº!};'~~~______.,___.. "'_ .20 ,16ª.48_ Recycling Operating Fund' : '149.26 Recycling & EducätionG:ÒiriFFYOOjOr' . ,.,49.75 So. County Regional Stadium·~:n.~ '. 23,539.52" ., Communi ca ti on- -Sys tern -.-Furid-::~::H'=:~=----:=:-=---..·-:-:--::-:-i:'l; 5 7 5';'0 Ò, , Impact :Fees-Parks--.-i,-JLJ,-.C:~j~--~~~1---'n,1 0 6. 3 2--'~n- ,- , I . " ~;' 1":-u .. ", . ". - - ,- -. . .". , ": I" _ .' ; :" 1 County;~ Capital: . I i!i :.. I '9,'774. 8S Transp;ortation: Capi tal: i ! '1,833.50 ' ~Lakewo'odPa'rk Fund .. ';it' '., . 4,500.00 Becker, Road Capital Fund ',' 43,009.59 ' Environmental Land Capital ~und 700.00 Treasure Cove/Ocean Harbor S Cap, 2,695.90 . Sanitary Lanqfill .~urid " '! '22,438.33 Golf Course Fund, 12,787.25 H.E.W:iUtilities Fund: "1.55 North 'Hutchinson Island Uti:Úti~s : :8,097.98 S. Hut.chinson l)'ti1'ities Fund; ,2,174.54 Sports Complex :Fund !.: j ; .' 19,081. 94 Nó County UtiHty DistÚct:-OpeÚttin 7,271.44 Building, Code. Fund" ·",·!·,""':-:-I" ' 2'256 50'-'" . . -'j -', ---I" '-'"'j-- ,- u.." - . I .. , InformationTechnology:Fund . 7,643.49 Health Insurance, Fund [' , ' . .:61,693 .54 Pröpert:y/Casualfy' Insürance' , i,4:12Al- serv~ce Garage Fund ...."J :. 50,003.51 Tour1st Development Trust-Adv Fund::306 ;02':'" Impact: -Feés'-'~ Fund' ":, ."....--...'-.....-,-.-... .. ·-··:'85-·,·416·~ 64~----'--""'''' LawLibr~ry l:, ' 6,900 .~~i':' ;): I ,GRA.NJJ TOTAL: 3,865,662.48' , ' " WARRANT LI,ST TITLE ,. PAGE 1 PAYROLL O;OQ 0.00 0;00, 0.0q' 0.00 0.00. -O:oQ 0.00 0.00 0.00 0.00' 0.00 0.00 0.00 0.00 0.00. 0.00 0.00 :, ,0 ;00 00 ,0.00 O~OO' . 0.00 0.00 '0.00 0.00 0.00 ' O.pO· '0.00 . 0.00 ..-.., 0 .00 'n_ 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 I "0: 0 0'-:""" ·0.00 -'--"'-~-"---"----'--- 0.00 0.00 -0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,.00: i I 0 I 00' 0.00 O. DO, ....1.....0.00, 0.00 7,905.06 . ,',c" O. 0 0 _U_~.::'- 0.00 0.00, o ~O 0 ::_~m 0.00 'I m___ '\ '7,905.06 '-' 'WI C. Seaside Stewards/S1. Lucie County's..Adopt a Beach Program- The Board approved the Chairman signing the Federally'Funded SubgnmfAgre~ment with the Department of - Community Affairs Florida Costal Management Program. D. Change Funds Authorization- The Board 'approved a $50 change fund for the St. Lucie County Marine Center and a $50. Changé fund/or Ravenswood Pool. 4. PUBLIC WORKS A. Road and Bridge/Permission to Advertise- The Board approved advertising for the Subdivision No.3 Mowing Contract. B. Island Arbor Services, Inc., Revocable Lìccn:;e-Agreement- The Board approved the agreement authorized the Chr,:rman to ex\x~ute the agreement, and directed staff to record the document in the Public Records ofSt., Lucie County. C. Solid Waste- Balefill/Recyclinr: r,l,~:1:':y :o:ö}eèt- The Board approved Payment No. 16 to Adams Robinson, for a decreaseiri retainagefrom 19% ($666,522.40) to 5% ($333,261.20) and release of retain age in the amountof$333,261.20. D. Engineering/Taylor Creek/C25 Dredging and Restoration Project- The Board approved the submission ofa grant application to the Florida,Seaport Transportation and Economic Development FSTED Council in the amount of $700,000 and authorized the County Administrator to execute the application. .' E. EngineeringiLennard Road MSBU- The Board applOved the Interlocal Agreement with the City of Port S1. Lucie to provide potable water and wastewater service to the Lennard Road 2 and Lennard Road 3 MSBU ancl:~ut~orized the Chairman to sign the agreement. F. Engineering/Grey Twig Lane:~ASBU-TI1h Board approved accepting the petition and granting permission to advertise for the Initial Public Hearing on September 18, 2001 at 7:00 p.m. or as soon thereafter as possible.' G. Completion of Phase I of the South County Sports StadiumlBudget Amendment No. 01- 167- The Board approved the budget amêndment furiding $162,484.20 from General Fund Contingency to complete Phase 1 Construction of the South County Sports Stadium. .. 5. UTILITIES A. Bid No. 01-046- P.V. Martins Water & FJrce Main Extension- The District approved awarding the bid to the low bidder, Felix Equities, Inc., in the amount of $210,083 and authorized the Chairman to sign the contract~ ~: ':, ~ ~ B. Equipment Request No. OI-278/Budget AmeÍ1I:hpent No. 01·1265 . The Board approved the equipment request and buClget ameridnlenffor the purchase of a HP 4050 N Network Laser Printer in the amount of $2,654. " , . 6. COUNTY ATTORNEY A. Bear Point, Kings Island and Middle Cove Restrictive Covenant- The Board approved the proposed Restrictive Covenant, and authcrized the Chairman to sign the document. B. Domestic Relations Hearing Officer- TheB6a'id approved the proposed First Amendment to the July 11, 2000 agreement with Judith Go Hill, Esquire, and authorized the Chairman to sign the agreement upon rec~ipt of the signed originals from Ms. Hill. " -.)- , \" " ..~ ',- : I . """ '-' . ", ~ , C. Permission to Advertise Petition for Abandonment/Holm Road- The Board approved advertising a public hearing to be held oq September 11, 2001 at 9:00 a.m. or as soon thereafter as possible. ' '. )' """ 1,1;' D. Grant in Aid AgreemenUCivil Traffic Infraction Hearing Officer Program- The Board approved the agreement and autho~ized the Chairman to sign the agreement and related . d . 'r~~", ¡-$ t., '. grant forms.' , -"..' , " ," , . . "':,! ~: ,;.~ . . . E. Permission to File Suit- The Board granted permission to allow the County Attorney to file suit against Willie Reynolds, Jr. and Willie Re=-rnolds, Sr., to request an injunction to require removal of trash, junk, debris from the property located at 2102 Matanzas Avenue and also to return to the Board with options which can be taken to proceed in an expeditious manner. 7. CENTRAL SERVICES Dollman Beach Park FRDAP Project No. F98044~ The Board approved the extension amendments, amending construction cómpletiondate to September 20,2002 and authorized the Chairman to sign the amendment, thereby allowing a!nple time to complete all project elements associated with the grant. ." 8. MANAGEMENT AND BUDGET. . ~. . I ~ ..' . A. Budget Amendment No. 01-166- PC Replenishméntfor Finance Department- The Board approved the budget amendment to transfer funds in the amount of$15,572 from Contingency to the Clerk of Court to pay for the purchase of 34 upgraded PC's for thc Finance Department. B. FPL DonationlBudget Resolution No. 01-185 !Budget Amendment No. 01-168- and Equipment Request No. 01-281- The Board approved the budget resolution to budget and appropriate th donation, approved the equipment request to purchase a generator for the Smithsonian Marine Ecosystems Exhibit, in the amount of$18,034 and approved the budget amendment to allocate the balance of $8',034 for the purchase. C. RFP's for MSBU Interim/Pemanent Fin~ncirig- The Board approved accepting the Bank of America (WPB) proposal to provide cóntinuing funding of the various MSBU project. 9. PURCHASING Bid No. OI-063/Elevator Repair u!;.d Maintenance for County Facilities- The Board approved awarding the bid to the low bidder, General Elev~tor Sales and Services in the amount of$13,992 and authorized the Chairmac. to sign the agreement as prepared by the County Attorney. 10. COMMUNITY SERVICES Resolution No. 01-186- The Board approved the rewlution certifying that St. Lucie Habitat for Humanity, Inc., program for the construction of housing for very low income persons is consistent with local plans and regulations. 11. PUBLIC SAFETY Revised Equipment Request No. 0 1-280/1.fTE Inc., System Change Request- The Board approved the System Change Request :0:' ::l:;>;; ~ai'cb,<;~ ;if an interface between the Motorola Console and the AS400 CAD System in the amm.mt ó¡,'$22,O(;U less $9,000 to be paid by the St. Lucie County Fire District for a total cost to the county of$13,OOO. , , ,-~,- " '-' "-" I." 12. INFORMATION TECHNOLOGY A. Revised Equipment Request No. 10-004/SIRSI Agreement Addendum- The Board approved the addendum to the agreement datedpecember 19, 1991 to provide software migration services in the amount of$37,475 to relocate the Library software from the outdated computer server hardwåhkt'o th~'iBM }iSo' computer. "". , B. Firewall System- The Board approved allocating aJ:?. additional $21,000 to p~rchase equipment previously approved pn February 6, 2001, to provide security protection for the county network. The equipment cost exceeds the amount originally approved. . -ì. CA-I COUNTY ATTORNEY Howard Computer Lease/Agreement with SunTrust Leasing Corp- The Board approved accepting the revised proposal dated August 8, 2pOI, from SunTrust Leasing Corporation and Authorized the Chairman to sign the Lease PurcJ;1ase Agreement with Sun Trust as reviewed and approved by the County Attorney and the County's Bond Council. REGULAR AGENDA 5. MANAGEMENT/BUDGET (1-2055) Budget Resolution No. aI-In/Amendment to FY 2001 Beginning Fund Balance- Consider staff recommendation to approve adopting the bûdget resolution amending the FY 2001 budget to reflect the allocation of actual beginning balance. It was moved by Com. Barnes, seconded by Com. Bruhn to approve Budget Resolution No. Ol- In; and, upon roll call, motion carried unanimously. 6. UTILITIES (1-2242) North Hutchinson Services Agreement of Purchase and Sale Closeout Agreement- Consider staff recommendation to approve the ae;reement and authorize the Chairman to sign the original agreement. It was moved by Com. Bruhn, seconded by Com, Coward to approve staff recommendation; and, upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY- Picos Road Right of Way and ?etention PondlDunn Brothers, Inc.- Consider staff recommendation to approve the Cöntract for Sale and Purchase with Dunn Brothers, Inc., in the amount of$69,150.00 and authorize the Chairmm to execute the Contract and instruct staff to proceed with closing. Com. Coward stated he felt this project is not a :~·riority in his mind even though he is in favor of the project itself. This is something fer thefutur~, at this point there are other urgent needs such as the Orange A venue problems. He felt this srlOuld considered in the future and would not support it at this time. It was moved by Com. Barnes, seconder.: by Com. B.¡j\~"to approve staff recommendation and upon roll call, the vote was as follows: N~y: Coward, Ayè's: Lewis, Bruhn, Barnes, Hutchinson, motion carried by a vote of 4 to 1. -5- , . '-'" ;:0"" /" " ...., .' , ' ," ... " " 8. ADMINISTRATION (1-2360) " I......· A. Legislative Funding- The Board re:viewed' the listed projects and ranked them as follows: .,. .;, 1. Airport Industrial pilii' èE;~i:siing)'\\fa~tci~~f~i- ,èollection 2. Stormwater Master Plans ..:j;....'.. " ,. . 7.,- I ~ ¡ ; :,' 3. Orange Avenue 4. Fairgrounds/Special Needs Shelter 5. StormwaterlIndian River Estates It was moved by Com. Bruhn, seconded by Com, Lewis, to approve the ranking of these projects as listed; and, upon roll call, motion carried unanimously. B. Bi-Weekly Committee Reports- The Board gavè an update on the various committees and advisory boards that they serve on. ' .. .' "'-;-"'t'" ........ There being no further business to be brought before the Board, the meeting was adjourned. ChairmäD. .' Clerk of Circuit Court -6- " '-' ....", AUGUST 21,2001 6:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGUL~ AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission will discuss individually usually in the order listed on the agenda. PUBliC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed Drior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' ...,.; www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 Di strict 5 ßOARD OF COUNTY COMMISSIONERS AGENDA August 21, 2001 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held August 14, 2001. ApprðV'ed 2. PROCLAMATIONS / PRESENTATIONS I ANNOUNCEMENTS There are no proclamations, presentations or announcements for August 21,2001. 4. pu1iAc)fkay~q (!5J- P uJl¿cLfo :xpr4--¡h / fr&~:~~~ 3. GENERAL PUBLIC COMtI'ŒN PUBLIC HEARINGS MANAGEMENT AND BUDGET 5A. Budget Resolution No. 01-175 / Local Law Enforcement Block Grant 2001 Award- Consider staff recommendation to accept the grant on behalf of the Sheriff's Office, approve the resolution to increase the Fine and Forfeiture Fund by $72,927, and authorize the County Administrator to sign the electronic grant award document. ßçvOv'ì¿d. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to apP'eat any action taken by the Board at tfiese meetings will need a record of the proceedings and for such purpose may neeä to ensure that a verbatim record of the proceedings is made. Upon the recauest of any party to the proceedings. Individuals testifying during a hearing.will be. sworn in.. Any party to the proceedlng~ will b!,! gr.a.nted th~ 9Pportunity to cfoss-examine any indivlaual testiIYlng dunng a heanng upon request. Anyone with a dlsaòlhty re~umn!t accommodation to attend thIs meeting should contact the St. Lucie County Community Services Manager at (561) 462~777 or TDD (561) 462-1428 at least forty-eight( 48) hours prior to the meeting. '-' 'wi REGULAR AGENDA AUGUST 21,2001 PAGE TWO PUBUC HEARINGS (CONTINUED) PUBLIC WORKS SB. Resolution No. 01-188 / West First Street l\ISBU - Consider staff recommendation to adopt the resolution creating the West First Street MSBU; authorizing the County Engineer to proceed with the engineering and design of the project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority, and approve funding the project using the MSBU In-House Revolving Loan Program. ApPrDV'-t.& . Sc. Resolution No. 01-189 / Revels Lane1 MSBU - Consider staff recommendation to adopt the resolution creating the Revels Lane1 MSBU; authorizing the County Engineer to proceed with the engineering and design of the project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. ftpprðv^eCt... COUNTY ATTORNEY SD. Interlocal Planning Agreement between St. Lucie County, the City of Port St. Lucie and the Port St. Lucie Community Redevelopment Agency - Consider staff recommendation to adopt the Inter.loc,µ, Pl7~~~ Agreem~.!ltl?,~1Jd _au~hor~ ,lh,e fi¡J!iï:¡)6°~e{ðt4'11J,l::t:? V4S1%;f:c1fÇ?GtxtSM4 COMMUNITY DEVELOPMENTp ;¡, (JQ7lí{'(ff)r:ir5¡ o-c' '-gI&5 1 -, _J SE. Resolution No. 01-1 28/Schamback/Ouasi- Judicial- Consider staff recommendation to approve the resolution granting a Variance from Section 6.02(B)(2)(a)(2) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks, and a waiver from the requirements of Section 8.00.0S(A) of the St. Lucie County Land Development Code -Fencing Requirements Around Pools. Location: 3311 Eventide Place (tpprCJ NQ SF. Resolution No. 01-127 /Bingo Emporium/Quasi-Judicial - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow the operation of a Bingo Establishment in the CG (Commercial, General) Zoning District. Location: St. Lucie Palm Center, west side of South US 1, at the intersection of South Mediterranean Avenue and South US 1 f)pprð l^ecR '-' --' REGULAR AGENDA AUGUST 21, 2001 PAGE THREE PUBUC HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT (CONTINUED) 5G. Resolution No. 01-126/New Horizons of the Treasure Coast/Ouasi- Judicial - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow the expansion of certain administrative support operations for the existing New Horizons of the Treasure Coast Mental Health Faci~~es in thejn (Institutional) ~oning District. Location: 4500 West Midway Road JífP((¡J.¿IJ., 5H. Resolution No: 01-12 2/Mills/Ouasi- Judicial - Consider staff recommendation to approve the resolution granting a Change in Zoning from the RMH-5 (Residential, Mobile-Home - 5 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. L cation: 4995 Dra Lane, Fort Pierce Resolution No. 01-129/Ward/ uRr:~ Çéonsider staff recommendation to approve the resolution to define a Class "A" Mobile Home as a Detached Single- Family Dwelling Unit in the AG-1 (Agricultural - 1du/acre) Zoning District. Location: aDJ:iproxi~'909- west qf K~l~ard Road, north of Indrio Road C\, /lkfW(}/D ) 'fJN!IJTl.J{JO/¡'¥!fY. :yv ~ Resolution No. 1-130/England/Ouasi- Tudicial - Consider staff recommendation J ·LLtd to approve the resolution to define a Class "A" Mobile Home as a Detached Single- i ¡,c Family Dwelling Unit in the RS-4 (Residential Single-Family - 4du/acre) Zoning Jto,/£.17;> ¥4 District. Location: east side of Papaya Drive, approximately 265 feet south of the intersection of Bartow Street and Papaya Drive 51. 5K. Ordinance No. 0l-010/Westchester Development/Ouasi-Tudicial- Consider staff recommendation to approve the draft ordinance granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of a uniform community development district to be kno'\vTI as "Westchester Community Development District No.1" as authorized and provided for in Chapter 190, Florida Statutes. fiJ:pro\¡~. 5L. Ordinance No. 01-011/Westchester Development/Quasi- Tudicial- Consider staff recommendation to approve the draft ordinance granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of a uniform community development district to be known as "Westchester Community Development District No.2" as authorized and provided for in Chapter 190, Florida Statutes. fip~ ((J\¡~ '-' ....., REGULAR AGENDA AUGUST 21,2001 PAGE FOUR PUBUC HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT (CONTINUED) SM. Ordinance No. 01-012/Westchester Development/Ouasi- Tudicial - Consider staff recommendation to approve the draft ordinance granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of a uniform community development district to be known as "Westchester Community Development District No.3\" ;s a~T, thorized and provided for in Chapter 190, Florida Statutes. Mp( OV'tUL . SN. Ordinance No. 01-013/Westchester Development/Quasi- Tudicial - Consider staff recommendation to approve the draft ordinance granting the petition of Westchester D~velopment Company, a Florida Corporation, for the establishment of a uniform community development district to be known as "Westchester Community Development District No.4" as authorized and provided for in Chapter 190, Florida Statutes. ApP('(}J.e,rt ~S,O., Development Order DV A-01-00l - Consider the draft Development Order between uJ.J the Westchester Development Company, a Florida Corporation, and St. Lucie County affecting certain lands in St~~cie County to be, known as the Westc~ester VJ'.f1 L ~ ~ Development of Regional Impact. tJpproved 1ö Cmf7nu...¿ 10 Sep!-lf ' SP. Resolution No. 01-131/Century 21 Real EstatejQuasi-Tudicial - Consider staff recommendation to approve the resolution granting a Change in Zoning from the BIRD (Hutchinson Island Residential District) Zoning District to the PNRD (planned Nonresidential Development) Zoning District, and for Preliminary and Final PNRD approval for the construction of a 1,792 square foot office building to be know as Century 21 Real Esta,te. Location: west side of North AIA, immediately south of the fir¿ Nortþ¡ Hutchi~so~ Island V{a,stewater Treatment Facility.1z> ~O Sq (15{tr>J WS5£l.j~.1 tIP P(/)vl({) ( j l mU'ì~<1D ~CntJ - [lp CJ i htcJv~ Y'P 1::£0-(0..' SQ. Resolution No. 01-121/Hess Staticm /METE, I&:/Ouasi-Tudicial - Corfsider staff recommendation to approve the resolution granting a Conditional Use Permit and Major Site Plan approval to allow the construction of a 3,500 square foot convenience store with nine gasoline pumps and an automatic car wash to be known as Hess Station - Midway Road & Selvitz Road. Location: northwest comer of Midway Road and Selvitz Road ttPPí J I,t~ '-' "" REGULAR AGENDA AUGUST 21, 2001 PAGE FIVE PUBliC HEARINGS (CONTINUED) COMMUNITY DEVELOPMENT (CONTINUED) 5R. Resolution No. 01-125/ Pelican Pointe East Land Trust IOuasi- Tudicial - Consider staff recommendation to approve the resolution granting a Change in Zoning from the PUD (Planned Unit Development - Pelican Point e) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District,. Location: east side of South AlA, south/southeast of the South Hutchinson Island Wastewater Treatment and Water Rec1amation Facility and directly south of the Ocean Bay Preserve. r-rr(òJ~d End of Public Hearings 6. COUNTY ATTORNEY Payment of Defense Expert Witness Fee in the Criminal Case of State v. Woodward- Consider staff recommendation to not authorize the payment of the additional monies requested and thus, allowing the Fourth District Court of Appeals during the appellate process to determine the reasonableness of the compensation and sufficiency of the Court Order. ftwrOJ ¿ '-' ...., CONSENT AGENDA August 21. 2001 1. WARRANTS LIST Approve warrants list No. 46 2. PUBLIC WORKS A. Engineering / Camino Court Canal Sediment Removal/Stabilization Project- Consider staff recommendation to approve the Engineering Work Authorization for BCI Engineers and Scientists, Inc. to prepare engineering plans for the project, in the amount of $17,537.77, and authorize the Chairman to sign the Work Authorization. B. Road & Bridge / Permission to Advertise - Consider staff recommendation to grant 'permission to advertise the U.s. 1 Median Maintenance Contract. C. Engineèring / Academy Drive MSBU - Consider staff recommendation to grant permission to advertise the second public hearing, to be held on September 18, 2001 at 7:00 pm, or as soon thereafter as possible. D. Budget Amendment No. 01-170/ Equipment Request No. 01-282 - Consider staff recommendation to approve the budget amendment and equipment request for the purchase of a flexcam high resolution video camera and lens in the amount of $995 for the Oxbow Eco-Center. 3. COMMUNITY DEVELOPMENT A. Dravo Subdivision / Final Plat Approval - Consider staff recommendation to approve the final plat for the Dravo Subdivision. B. Herndon Estates Subdivision / Final Plat Approval - Consider staff recommendation to approve the final plat for the Herndon Estates Subdivision. C. Nau Ranch Subdivision / Final Plat Approval - Consider staff recommendation to approve the final plat for the Nau Ranch Subdivision. D. Papaya Grove Subdivision - Consider staff recommendation to approve the request of Joseph Gorham for an exemption from Section 11.02.09(A)(5) of the S1. Lucie County Land Development Code requiring the preparation of an Environmental Impact Report for the Papaya Grove Subdivision - Minor Site Plan. E. Lennard Road Special Assessment District (SAD) / Road Impact Fee Credits - Consider staff recommendation to authorize staff to conduct a review appraisal to verify the values outlined in the primary appraisal for the dedication of certain lands to the City of Port S1. Lucie for the South Lennard Road SAD Improvement Project. F. Budget Resolution No. 01-152 - Consider staff recommendation to approve the budget resolution for payments of the application fees associated with the Westchester Community Development Districts. '-' ......" CONSENT AGENDA AUGUST 21,2001 PAGE TWO 3. COMMUNITY DEVELOPMENT (CONTINUED) G. Resolution No. 01-132 - Consider staff recommendation to approve Resolution No. 01-132,amending resolutions 01-018, 99-020, 94-128 and 98- 128, which amended resolution 89-022, the schedule of fees, charges and other expenses for building permits. H. Job Growth Investment Grant for Rheinlander Instrument Corporation - Consider staff recommendation to approve the Job Growth Investment Grant in the amount of $6,000. I. Tourism Special Event Grant Agreement / Fort Pierce Jazz Society - Consider staff recommendation to approve the agreement, and authorize the Cha}Í'man to sign the agreement. J. Tourism Special Event Grant Agreement / Treasure Coast Food Bank, Inc. - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. K. Tourism Advertising Grant Agreement / Treasure Coast Food Bank, Inc. - Consider staff recommendation to approve the agreement, and authorize the Chairman to sign the agreement. 4. MANAGEMENT AND BUDGET A. Budget Resolution No. 01-190 - Consider staff recommendation to approve the budget resolution to budget and appropriate donations received for the Grand Opening of the St. Lucie County Marine Center. B. Budget Amendment No. 01-169/ Furniture for the 7th Street Court Facility- Consider staff recommendation to approve the budget amendment moving $7,932 from Fine & Forfeiture contingency and encumbrances carried forward accounts into the equipment < $750 account. .... '-' ITEM NO. Sa AGENDA REQUEST -...I DATE: August 21,2001 REGULAR [ ] PUBLIC H;ARING [ x] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: SUBJECT: BACKGROUND: OMB PRESENTED BY: Marie M. Gouin Acceptance of the Local Law Enforcement Block Grant 2001 award on behalf of the Sheriff's Office and Budget Resolution No. 01-175 to increase the Fine and Forfeiture Fund. Sheriff's Office applied for and was awarded $72,927 for the Local Law Enforcement Block Grant (LLEBG). The required local match of $8,103 is included in the Sheriff's budget. Granting agency requires a public hearing to be held regarding the proposed use of grant funds.' Sheriff's Office plans to purchase 27 laptop computers for the School Resource Officers (memo attached). FUNDS WILL BE AVAILABLE: 107123-2110-331210-200 LLEBG 2001 USDOJ Grant PREVIOUS ACTION: St. Lucie BOCC approved LLEBG application on 7/10/01. Application was submitted electronically on 7/11/01 and approved on the same day. RECOMMENDATION: Staff recommends that the St. Lucie County Board of County Commissioners accepj the LLEBG Grant, approve Resolution No. 01-175 to increase the Fine and Forfeiture Fund by $72,927 and authorize County Administrator to sign the electronic grant award document. COMMISSION ACTION: NCE: ~] APPROVED [] DENIED [ ] OTHER: 5-0 County Attorney: XX ~&"o.r~ Originating Dept: XX Dou nderson County Administrator Coord ination/Siq natures Maoagem'" & B"dget JC<i:!f9 mmpOCch.,'09 Public Works: Other: Finanœ: (Cbeokfur Copy only, it applicable) XX , ,; ,,':',".': j;,::-;.(i.;'Ø}·c:>GET\W~N11~'5~1\~U.L"S-r~l;_..:mJ¡¡ .IT'" {,..-.. '-'M E M 0 RAN 0 U IVr'-' TO: Mika Gorniewicz, Budget Analyst St. Lucie County Management & Budget Department Chief Deputy G"ty Wil'~ie County Sheriff, om" July 03,2001 FROM: DATE: SUBJECT: St. Lucie County Commission Meeting - Agenda Request for July 10, 2001, 9:00 a.m. NUMBER: 01.07.02 Commission Approval to: . Apply for 2001-2001 Local Law Enforcement Block Grant Application Award Amount: $ 72,927 Agency Required Match: $ 8.103 Total Project Cost: $ 81,030 Program Area: Procurement of equipment, technology, and other material directly related to basic law enforcement functions. Use Of Funds: Funding will be used to purchase 27 laptop computers for the School Resource Deputy Program and to replace or upgrade in-house computer hardware or software. . Approve Local Law Enforcement Block Grant Review Board Members. The Sheriffs Office is eligible to apply for the U.S. Department of Justice/Office of Justice Programs, 2001-2001 Local Law Enforcement Block Grant. Before we can request the draw down of funds, the St. Lucie County Sheriff's Office must call upon the Local Law Enforcement Block Grant Board Members to review our program goals and objectives and use of funds. This board has been in existence for the past three years and has assisted with the review of previous Local Law Enforcement Block Grants. The Local Law Enforcement Block Grant Board Members are: Mr. Dave Morris - St. Lucie County School Board Mr. Vernon Smith - Concerned Citizens and Officials Mr. Mark Godwin - Court Administrator's Office Mr. Tom Bakkedahl - State Attorney's Office Captain Mike Graves - St. Lucie County Sheriffs Office The USDOJ/OJP requires the establishment of an advisory board to review our application for funding and is authorized to make non-binding recommendations to the local unit of government for the use of funds received under the program. The advisory board must include a representative from . '~~ - :> -.- f Mika Gorniewicz, Budget ~alyst Page 2 July 3, 2001 '" a local law enforcement agency, local prosecutors office, local court system, local public school system, nonprofit educational, religious, or community group active in crime prevention or drug-use prevention and treatment. Our Grant Administrator, William R. Simon, will function as the Primary Point of Contact for our agency with the U.S. Department of Justice/Office of Justice Programs. It is our understanding that Maria Gorniewicz will function as the Jurisdiction Contact between the County and OJP. Upon approval by the B.O.C.C. the County Administrator should direct Mika Gorniewicz to request and authorize a draw-down of funds. Prompt attention to this matter will assure our meeting the submission deadlines. If you have any questions, please contact Mr. Simon at 462-3359 (office) or 489-5660 # 1 08 (pager). wrs cc: Major Roy Hudson, Director of Law Enforcement Major Tom McInerney, Director of Administration Captain Mike Graves Captain Steve Reuther Mr. Henry Walker, Comptroller '-" '...I RESOLUTION NO. 01-175 THE RESOLUTION WILL INCREASE THE FINE AND FORFEITURE FUND WHEREAS, the Board of County Commissioners of St. Lucie County (Board) has made the following determination: 1, The terms of the U.S, Department of Justice Local Law Enforcement Block Grant award document require a public hearing to be held prior to the acceptance of the grant funds, and 2, On August 18th, 2001, legal notice of public hearing was published in The Fort Pierce Tribune pursuant to Chapter 129,06, Section (2) (f), Florida Statues for the purpose of setting the time, date, place of the public hearing, and 3. On August 21 st, 2001, a public hearing was held to accept comments concerning the proposed amendment to the Budget for the Board for Fiscal Year 2000-2001, and 4. The resolution will increase the Fine and Forfeiture Fund. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: The following budgetary fund is hereby increased for the Fiscal Year 2000-2001 : REVENUES 107123-2110-331210-200 Dept. of Justice $72,927 APPROPRIATIONS 107123-2110-591900-200 Transfer to Sheriff $72,927 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF AUGUST, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY .... " ~.: ..Cf:\BfJDGEt\1i¡lP~\AIì£NLlè."S\,~.aDl\S'2.J.u.W) ,1'";~l}í \.'\,~~~~ . I Award Overview Page 1 of '-' "-' 6p¡¡lic1!tion Award RFD Grant Chanoes Reports Correspondence 2001 LC"'3¡ Law Enforccmer;¡ clock G, (~-'rogram St LUCi.::: CounL' '::L Award Handbook Overvic\\ Overview The Award Tab allows you to accept your FY 2001 LLEBG Award, You are able to accept or decline your award and print the formal award documents for your records, To ensure that the jurisdiction and CEO information provided during the application process is current and accurate, please verify the information on the following screens. Review CEO Information Aecept A ward The award date of your FY 2001 award is 19.JUL-2001, and it is now ready for your acceptance, You have 45 calendar days to accept this award and 90 calendar days to complete the Request for Drawdown (RFD) process, View Award Document Financial Institution lnfomlation FY 2001 LLEBG Award Information FY 2001 LLEBG Final Award Amount' -ThiS amount renects the final award amount for FY 2001 plus any $ 72.927,00 ~eeded adiustment to the FY 2000 Award amount Matchin~ Amount $ 8,103,00 Decline Award Please click on the Continue button to review your CEO information, view the award documents. and accept the award. If you choose to decline your award. please skip to the Decline Award step on the left, HelD/Frequentlv Asked Questions LLEBC Home Log-Off AUTHORIZATION TO ACCEPT THE GRANT AWARD ELECTRONICALLY ..... .. ....... " DOUGLAS H. ANDERSON COUNTY ADMINISTRATOR '::::::::..:' ~ ......... V~ ,.'".... ~ ':::. ~.A~ . ~ ~J ~ DATE ,~~_~ojp,USÔQi~~OO4/gms...:..user/p1sqlJaward..o~~_~iðcc'~ ", ~'7l1 qf(). '. ~ . ~:/Lgrants.Qjp.LÌSdo.j·ßov:~s-,user/.plsq1Jaward.che!=~ø.~c:ptan,,. Accept Award Verification Application Award Handbook Oven ie" R,vLe,\\~ CI;Qjntormll\ÌQI! Accept A \\'ard \ii"-"-6"ard Document Financial Institution Information Decline Award 1:!dpLfßg!leDJIJ'ð.sk,eg QtlestÌQns LLEßG f:!OI11C Log-Off Page 1 of '-" .....,¡ 2001 L-:_' '.;; _,i ';:.nro; -' c.~\ c: ',,']r-i¡;, it...;, fLue Award RFD Correspondence Grant Chanqes Reports Accept Award Please verify that you are are ACCEPTING your jurisdiction's FY 2001 LLEBG Award and certify that all Applicant information displayed in the previous screens is accurate and truthful. Please ensure that a street address has been included and not just a post office box, and ensure that both uppercase and lowercase lettering has been used. Once accepted, no changes can be made to the Award, including special conditions, without a formal request to BJA for a Grant Adjustment Notice (GAN), Verify you are accepting the award and special conditions by clicking on the Accept button below. If you need more time to consider accepting this award, please click on the Cancel button below. Please note that clicking Cancel does NOT decline this award, If you have questions, please contact the GMS Hotline at 1-888-549-9901, option 4, Si nature 'Title ICo::n~_A_d.~j,~,i s traJ:?,~_,_ I 0 o_~~I~ ~._,_,___..____ Anderson 1561-462,1450 ombslcfl@bellsouth.net --'~'---"'.'-'-' · First Name · Last Name · Phone · E-Mail r I have examined the information provided here regarding the signing authority and certify it is accurate. I am the signing authority, or have been delegated or designated formally as the signing authority by the appropriate official, to provide the information requested throughout this application system on behalf of this jurisdiction to the Local Law Enforcement Block Grants Program. Information regarding the signing authority, or the delegation of such authority, has been placed in a file and is available on-eite for immediate review. >, < 71;1910 ,,,.... LLEBG Correspondence Handbook '-" Application ð'!'i_i¥J,i Application Handbook New Mail Old Mail Sent Mail Send an Email Help/Frequentlv Asked Ouesti [) n S [,LEBG HOlTIè LQg:QU Page 1 of ....,¡ F:'(' 2001 :"'L:" ,;.¡ L~]>i Enforce-rrE::.';: _;<.Jck G ':'_:~'~'Jgr:Jn; St Lucie Caur: RFD Grant Chanqes Correspondence RE!Port-ª Message Created: 19-JUL-01 From: ojp@ojp.usdoj,gov CC: Subject: Award Approval Notification, Message: Congratulations! Your Award for the FY 2001 Local Law Enforcement Block Grants (LLEBG) Program has been approved by the Bureau of Justice Assistance (BJA), You have 45 calendar days from the date on your Award to review and accept this Award. All Awards not accepted within this 45 day period will be deobligated and funds will be redistributed among FY 2002 eligible applicants during the next LLEBG funding cycle, To accept your award, go to http://grants.ojp,usdoj.gov:8003/gms/plsql/llebg_login,1Iebg_main and log on using your user id and password. You have 90 calendar days from the date on your Award to submit your Request for Drawdown, Any funds not drawn down within this 90 day period will be deobligated and funds will be redistributed among FY 2002 eligible applicants during the next LLEBG funding cycle, Again, please do not reply directly to this message as your reply will not reach us, d . ,þqps:/~_.~j,gn1\t..iDQ4/gm(~lsq1!lJ~g~;app:Jo'\1my~JœïL~:~)m~~jd=3 . '-:7/19/0 '. . Review CEO Information 8¡:Jplícation Award Handbook Oven iew R~vi"w CEO lntc,rmarjon Accept A ward Yiew ,Á.vYªId Document Financial Institution Information D-,~~line_A ward !:L~p/Frequentlv Asked Ouestions LLEBG Home Log:.Qff Page 1 of '-" ...." :!OCtl L.c, ' ~nror,.: ~'in'._'-,;, ,..)CK C ~'. ,-r ,-~' "', '-~i ~II '-.... ¡ LUC; ~ ~)j. Award RF[) Grant Change:? Correspondence Reports Review CEO Information Please review the CEO information provided during the application process, To change any of the following information, click on the Change CEO Information button below, Jurisdiction CEO Information Title County Administrator Prefix Mr. First Name Douglas Last Name Anderson Address 1 2300 Virginia Ave, Address 2 City Fort Pierce State FLORIDA Postal Code 34982-5652 Phone 561-462-1450 Extension Fax 561-462-2131 E-mail ombslcf1@bellsouth,net ,.JJttps:/~ts~W"~~9V:~~_.. U5C1'fplsqUa:ward.revi.c~_ œo_.mfu £p_~ 'hgjd=1 . '1/J9/0 '. .' _ .".ar'~ .\, Accept Award Page 1 of '-' '....I Application Award RFQ G[a[lL~han9§ Reports Correspondence ,"/2001 Lo .J! Li'd Enforccmc :i .;,ock G, ;0:; ,-rogram ~·':;t LuG.' oJ~.. , - Award Handbook 0\ en: i~\\ Accept Award FY 2001 LLEBG Final Award Amount:" Matching Amount $ 72,927,00 $ 8,103,00 Review CEO Information "This amount reflects the final award amount for FY 2001 plus any required adjustments related to the FY 2000 Award amount A (cent A ward To continue with the Accept Award process, you must click on the links to the Special Conditions, Assurances. Lobbying, Debarment Suspension..,. and Drug Free workplace, '/IAthin each link, you must click on the box underneath each condition AND click on the Accept button at the bottom of the screen, View A wardJ2Q_c,lli11ent Financial Institution Information · Special Conditions Dççji"e A ward · A$.$JJrances Help/Frequently Asked Ouestions · Certifications regarding lobbying;debarment, suspension and other responsibility matters; and drug-free workplace requirements Lobbvinq LLE8G H011le 2, Debarment, Suspension, and Other ResQonsibllitv Matters (Direct Recipient) Log-Off 3, Druq-Free Workplace (Grantees Other than Individuals) Acceptance of this Award and Special Conditions DOES NOT result in an automatic payment of LLEBG funds. BJA requires that all grantees submit the Request for Drawdown (RFD) in order to have funds directly deposited to your Financial Institution, Please take time to plan a detailed allocation plan and comply with each special condition, For FY 2001, grantees have to submit the RFD within 90 calendar days from the award date. Your jurisdiction's Award Date is 19-JUL-2001, Once you accept your award, you may begin the RFD process, '. ,.,https/¿gr.mt&.qw..n&do..i.go.v:&Q(W/~s~~CP!.aw.a:rd.?p~jd=3 '7/1910 .. ' LLEBG - Special Conditions Page I of '"'"' .., Special Conditions - St Lucie County You must click on the box underneath each condition AND click on the Accept button at the bottom of the screen. Local Jurisdiction & Zero County in compliance w/PSOHB 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. P" 2. The recipient agrees to comply with the organizational audit requirements of OMB Circuiar, A-133, Audits of States, Local Governments and Non-Profit Organizations, as further described in OJP's Financial Guide, Chapter 19. P" 3. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 CFR 42.302), that is approved by the Office of Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. P" 4. The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds, pursuant to section 101(g) of H.R. 728, 104th Congo (1995). P" 5. The recipient shall submit one copy of all reports and proposed publications resulting from this agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-LB-BX-1842 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." P" 6. The recipient agrees to provide information required for any national evaluation conducted by the U.S. Department of Justice. P" 7. The recipient agrees, if the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, as described in the applicable purpose area of Subpart A se<.tion 101(a)(2) of H.R. 728, 104th Congo (1995), that the recipient unit of local government will achieve a net gain In the number of law enforcement officers who perform non-administrative public safety service. If the funds are used for the hiring and employing of new, additional law enforcement officers and/or support personnel, the unit of local government will establish procedures to give members of the Armed Forces who, on or after October 1, 1990, were or are selected for involuntary separation (as described in section 1141 of Title 10, United States Code), approved for separation under section 1174a or 1175 of such title, or retired pursuant to the authority provided under section 4403 of the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992 (division D of Public Law 102-484; 10 U,S.c. 1923 note), a suitable preference in the employment of persons as additional law enforcement officers or support personnel. P" 8. The recipient agrees this award document constitutes the obligation of federal funds for use by the recipient in execution of the program or project covered by the award. Such obligation may be terminated without further cause if the recipient fails to affirm its timely utilization of the award by accepting the award and special conditions within 45 calendar days from the date of award, P" . _ ",hp:ps:llgrants.'tjp.DSðoj.gov:..i~ _ .us.erfplsq1/.awani _ .condî1ions...display ".c~tions.?p_ .aw:an:L'DIF'.2001a._~ 'j IJwn '1 LLEBG - Special Conditions Page 2 of '-' "wi 9. The recipient agrees to submit the Request for Drawdown via the Internet system within 90 calendar days from the date of award, or to have all funds deobligated for redistribution during the next funding cycle. ~ 10. The recipient agrees to one 24 month obligation and expenditure period, as established at the approval of the Request for Drawdown. All funds must be expended by the end of this 24 month period with no exceptions. ~ 11. The recipient is required to establish a trust fund account. This fund may not be used to pay debts incurred by other activities beyond the scope of the Local Law Enforcement Block Grants Program. The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the 24 month period. Grant funds (including any interest earned) not expended by the end of the 24 month period must be returned to the Bureau of Justice Assistance (BJA) by the end of the 27th month, along with the final submission of the Financial Status Report (SF-269A). ~ 12. The recipient agrees to submit one final progress report via the Internet system at the end of the 24 month obligation and expenditure period. ~ 13. The recipient agrees, if funds are used by the recipient or subrecipient for enhancing security, that the recipient or subrecipient - - (a) has an adequate process to assess the impact of any enhancement of a school security measure that is undertaken under subparagraph (B) of section 101(a)(2), on the incidence of crime in the geographic area where the enhancement is undertaken; (b) will conduct such an assessment with respect to each such enhancement; and, (c) will submit to the Bureau of Justice Assistance (BJA) an annual assessment report via the Internet system. ~ 14. The recipient agrees to comply with 28 CFR Part 23 if federal funds are used to support Criminal Intelligence Systems. ~ 15. The recipient agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the recipient agrees to first determine if any of the fC'lIowing activities will be related to the use of the grant funds. The recipient understands that this special condition applies to its following new activities, whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. AQplication of This Special Condition to ReciDient's Existing Programs or Activities: For any of the recipient's or its subrecipient's existing programs or activities that will be funded with these grant funds, ..i¡,U:ps:/lgrants.o.jp.usdoj...gov:8004.igm.s ....:UIe:rlplsqllaward_ conditions.disp1ayco~nnio;~ .awæ:iL mE200 lJ,.: :'V¡~~/(ì, ,j LLEBG - Special Conditions Page 3 of '-" ....,,¡ the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. i7 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm i7 17. The recipient agrees to provide and expend a 10 percent cash match (calculated as 1/9 of the federal award amount) before the end of the 24 month obligation and expenditure period. The recipient is reminded that the matching funds are auditable under Special Condition #2 and will be binding to the recipient. i7 18. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, at least one (1) public hearing will be held regarding the proposed use(s) of the grant funds. The recipient must also provide verification to BJA, via the Internet system, of the public hearing. At the hearing, persons shall be given an opportunity to provide written and oral views to the recipient on the proposed use(s) of the grant funds. The recipient will hold the public hearing at a time and place that allows and encourages public attendance and participation. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. i7 19. The recipient agrees that prior to the obligation or expenditure of any LLEBG funds, a previously designated or newly established advisory board wiil meet to discuss the proposed use(s) of the grant funds. The recipient will designate the advisory board to make nonbinding recommendations on the use(s) of funds under the LLEBG Program. Membership on the advisory board must include a representative from the following, though it may be broader: a) the local police department or sheriffs department; b) the local prosecutor's office; c) the local court system; d) the local school system; and, e) a local nonprofit, educational, religious, or community group active in crime prevention or drug use prevention or treatment. The recipient may not request a drawdown of funds until these requirements are met and the formal budget allocations are adopted by the recipient. i7 20. The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2001, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 106-553) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while on duty. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to BJA. i7 . '.. ",~j!gnmt5..çjp.~,gOV:&O~~_JJ.SeI'!plsql/a\Wr~Lt:.Qnditi11IlS..aisplay."amditi~, award..JaÊF.:Wm.,.L.(;¡ 11'9/0 ;".._, LLEBG - Special Conditions Page 4 of '-' '-' 21. The recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. P' " ~LI,g¡ants..ojp_usdoj"~JIÞ(}4~ :1J$C1"!plsq1taMnrl. ~ð:is.P®".r¡'tnðirinß<l:1P-.a'lIIQmL-mF2QQ l-L:;. 'tl;19/Ø··",.._1 LLEBG - Assurance Page 1 of '-' '-" Assurances - St Lucie County You must click on the box underneath each condition AND click on the Accept button at the bottom of the screen. 1. It possesses legal authority to apply for the grant; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information may be required. ~ 2. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a resuit of Federal and federally-assisted programs. ~ 3. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501, et seq.) ~ 4. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act if applicable. ~ 5. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. ~ 6. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. ~ 7. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. ~ 8. It will insure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. ~ 9. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. ~ 10. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-l et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, J.Ps:Jjgr-mt,o:ojp~j.gov:iOlW~}I~eI:IpIsq1/a.wMd .~aLCODdition.s?p, 3~...:MÞ2001-L., 7/1910 . ;:... LLEBG - Assurance Page 2 of '-' "-' as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 7 11. It will comply, and assure the compliance of all its subgrantees and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federa,llaws, orders, circulars, or regulations. 7 12. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 7 13. It will comply, and all its contractors will comply, with the non- discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 7 14. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 7 15. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500/000 or more. 7 16. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the C03stal Barrier Resources System. 7 OlP Fonn 4000/3 (Rev, 7-00) ~/j~.QW"5doj.gov:8004jgm~}lSer/p1sqI,taward_.as"ìJ!1"ß1'ces di!!pl~y Cqnrlitinns?P.award_~200J-L,: ;7/1.9/.0 ; ~ i LLEBG - Certifications Page 1 of '-" '-' Certification - St Lucie County You must click on the box underneath each condition AND click on the Accept button at the bottom of the screen. As required by Section 1352, Title 31 of the U,S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: 1. (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the, to any person for in-fluencing or attempting to influence an officer or employee of agency, a Member of Congress, an officer or employee of Congress, or an employee of aof Congress in con-nection with the making of any Federal grant, the entering intoany cooperative agreement, and the extension, continuation, renewal, amendment, orof any Federal grant or cooperative agreement; [7 2. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form ~uL.LJ.,-''QlgLQ.;;.ure of Lobbving Activities." in accordance with its instructions; [7 3. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. [7 OlP Fonn 4061/6 (Rev, 7-00) ,.:!jgsant&.~ ~~i..gov:I004/gms_JJSeIiplsq1Ja~::a:rt:ification.1ay~~;;',u3~j;"lJç?p~.:.:no=:ztJJIb.;. .7119/fJ ,"; ~ LLEBG - Certifications Page I of '-' ....., Certification - St Lucie County You must click on the box underneath each condition AND click on the Accept button at the bottom of the screen. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Par167, for prospecataive participants in primary covered transactions, as defined at 28 CFR Par167, Section 67,510- 1. (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; [7 2. (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; [7 3. (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and [7 4. (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and [7 5. (e) This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 28 CFR Part 67.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospecrive participant shall attach an explanation to this proposal. [7 B. Where the applicant is unable to certifY to any of the statements in this certification, he or she attach an explanation to this application. J ------- OlP F jl T'1 4061/6 (Rev. 7-00) ._ ~- jJ~~_-gov:S004!gms-,user/plsqlLaw.ard,c.èrtifU:ation .tIi"1'I~y_..cm.ri1tions?p_.àward~J1IŒ'="]ftOJ-.~, 7/I')HJ LLEBG - Certifications Page 1 of '-" ....., Certification - St Lucie County You must click on the box underneath each condition AND click on the Accept button at the bottom of the screen, As required by the Drug-Free \i\brkplace Act of 1988. and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67,615 and 67.620, 1. (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken' against employees for violation of such prohibition; ~ 2. (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace;(2) The grantee's policy of maintaining a drug-free workplace;(3) Any available drug counseling, rehabilitation, and employee assistance programs; and(4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; ~ 3. (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); ~ 4. (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occuring in the workplace no later than five calendar days after such conviction; ~ 5. (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk,B10 Seventh Street, N.W. Washington, DC 20531. Notice shall include the identification number(s) of each affected grant; ~ 6. (f) Take one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approv ~ 7. (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c)/ (d), (e), and (f). ~ B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Places of Performance (Street address, city, county, state, zip code) address 1 : I address2: L...,..,. '..", address3: L,_., .,... __·._···,,·~w__~_~~__· ._._".,-'"..._....~~~-~~_..~.--.- __0'-'- ...._'~.__~m~,.d address4: I " https:.Ugrants.ojp.us.dÓj.;gor...8004/gms_userlp1sqIlaward..:cœrtification.iDsplay_conditions?p_:àward_no=200:¡-.:' '7 !19/lJ -. 1 -- ¥ AGENDA REQUEST ...., ITEM NO. ..5ß DATE: August 21,2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING[XX] CONSENT [ PRESENTED BY: SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: West First Street M.S.B.U. Potable Water Improvements - FPUA Initial Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: July 24, 2001 - Board accepted the petition and granted permission to advertise the Initial Public Hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-188 creating the West First Street M.S.B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; authorization to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and approval to fund the project using the MSBU In-house Revolving Loan Program. COMMISSION ACTION: CE: [~APPROVED [] DENIED [ ] OTHER: 5-0 Coordl nation/Slanatures [x]Mgt. & Budget l:1IJ3~ ì f~ [x ICo, Eng [ ]Purchasing []Other '-' '" COMMISSION REVIEW: August 21, 2001 ENGINEERING MEMORANDUM 01-214 TO: FROM: DATE: SUBJECT: Board of County Commissioners ./ / ( Donald B. West, County Engineer 7f./V August 9, 2001 West First Street MSBU Potable Water Improvements - FPUA Initial Public Hearing BACKGROUND Property owners along a portion of West First Street lying between Palmetto Drive and Citrus Avenue have submitted a petition to St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary in bringing potable water improvements to their neighborhood. The utilities system would be provided by Fort Pierce Utilities Authority. Eighteen out of twenty-six property owners signed the petition which represents sixty-nine (69%) percent in support of the project. An informal meeting was held on June 7, 2001 with the residents to discuss the proposed potable water improvements and conceptual design, the MSBU process, and to provide the residents with a rough estimate of the cost. At the meeting, FPUA presented to the residents that if the other property owners on First Street lying between Citrus Avenue and Elm Avenue are included with the MSBU, the construction costs would be lower. A second informal meeting was held On July 26, 2001 , a informal meeting was held with the residents located in the "expanded MSBU" area. It was the consensus on those present at both meetings to proceed with the initial public hearing. In order to create the M.S.B.U. for potable water service provided by the Fort Pierce Utilities Authority, the County must first enter into an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. This agreement will establish the FPUA and County's responsibilities with respect to this specific project. Under this agreement, the County agrees to assess the property owners for the municipal improvements provided by the FPUA. The FPUA will be responsible for the design, permitting, and construction of the potable water system, administration of the construction contract, inspection, and final acceptance of the system for maintenance. St. Lucie County will be responsible for the administration of the M.S.B.U.. The improvements will consist of a six inch looped water main with fire hydrants to meet current fire protection requirements. The estimated project cost, excluding tax collector fees is $82,000.00. The method of assessment for the potable water improvements shall be based upon the "Equivalent Residential Connection" (ERG) method, whereas each property owner is assessed equally for the improvements. '-" 'WI This is a relatively small project and meets the criteria for in-house financing. Therefore, staff recommends that the Board approve funding the West First Street MSBU through the MSBU In-house Revolving Loan Program. RECOMMENDATION Staff recommends that the Board adopt Resolution No. 01-188 creating the West First Street M.S.B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; authorization to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and approval to fund the project using the MSBU In- house Revolving Loan Program. cc: Staff Concurring Tax Collector Property Appraiser '-' 'WI RESOLUTION NO. 01-188 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO CERTAIN PROPERTIES ON WEST FIRST STREET IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITIDN A PROPOSED WEST FIRST STREET MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED WEST FIRST STREET MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE POTABLE WATER IMPROVEMENTS SHALL BE BASED UPON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD; DETERMINING THAT THE COST OF THE PROJECT IS NOT IN EXCESS OF THE BENEFIT; CREATING THE WEST FIRST STREET MUNICIPAL SERVICES BENEFIT UNIT; RESOLVING THAT 100% OF THE COST OF THE PROJECT SHOULD BE FUNDED BY NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED ON PROPERTIES WITHIN THE WEST FIRST STREET MUNICIPAL SERVICES BENEFIT UNIT THROUGH AN ASSESSMENT BASED ON AN EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Chapter 125, Florida Statutes and Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code), the Board of County Commissioners for St. Lucie County, Florida (the "Board") has the authority to establish municipal services benefits units ("MSBU's") in unincorporated St. Lucie County to provide, among other things, drainage improvements and potable water service; and WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures which govern the establishment and administration of such MSBU's; and -1- '-' ....., WHEREAS, on July 24,2001 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted the petition of 69% of the land owners for potable water improvements within a proposed West First Street Municipal Services Benefit Unit (the "West First Street MSBU") requesting that the Board create the West First Street MSBU to fund the cost of a project to provide potable water improvements to certain properties on West First Street in unincorporated S1. Lucie County (the "Project"); and WHEREAS, on August 21,2001 pursuant to the requirements of Section 1-13.5 of the Code, the Board held a duly advertised initial hearing to consider the creation of the West First Street MSBU, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the County Engineer has advised the Board that based on an analysis of the costs and benefits of the Project, the equivalent residential connection method of assessment is appropriate because this method of assessment fairly and reasonably apportions the cost of the project among the benefitted properties; and WHEREAS, after hearing the comments of the County staff as well as interested persons, the Board has made the following determinations: (1) the Project and the creation of the proposed West First Street MSBU is in the best interest of the health, safety and welfare of the County and will be of benefit to the properties within the limits of the proposed West First Street MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed West First Street MSBU as shown on the map attached hereto as Exhibit "B" is 100%; (3) the method of assessment to be used in assessing the benefitted properties shall be the equivalent residential connection method; and (4) the cost of the project is not in excess of the benefit gained by each of the properties which would be subject to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the West First Street Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit "B". Section 2: The entire cost of the Project shall be funded through non-ad valorem special assessments levied against real property within the limits of the West First Street MSBU. Section 3: The method of assessment shall be based on the equivalent residential connection method of assessment such that each lot owner within the West First Street MSBU shall share proportionately in the cost of the Project in relationship to the benefit received. Section 4: The County Director of Engineering is hereby authorized to proceed with the Project pursuant to the procedures set forth in Chapter 1-13.5 of the Code. -2- '-" ...." Section 5: In the event the Project is not ultimately approved and constructed, the cost of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the West First Street MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 21st day of August, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-" EXHIBIT A PROOF OF PUBLICATION -4- ....., ~ EXHIBIT B MAP OF MSBU -5- ...." '-" ...., ~x J..l IBI T 'B SEE SHEET 34/04N ,::::::., ':.'.::-, ::·.1'.:'~,:::: t:·.~:'J::::__: __~:__::::::::__: ::::: __:: :::::::: :::: ::::::::: ::::::::::: ::::::: ::::::::::: ::: :::::::.,. ,.>::: :::::::: :: > ~WA ~::!ro.m:,::::::::< I:: :.':.':::::::::::.'::::::::: ::____::::.____.:.:..:... ::" . ,...--....... :! '12' ... : . : ': . _ i...: ~ LI.'I!!I . \.-'_...1.!..., " "....o;ø:.., iJ: .' -1.- . 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At: ~ i.i 71TH I 5T., ~O At: ' 2.50 Ac ~ -, -; ;; : : I ,=:.-: 1- . _ _ . _. : : f==-T-i '.' :'~ ,_..;. "-. ~ :2: - ,. -., t2eo ~--_..~_..J _- .P' - '.. :.-. - -'-' P¡ I"'" I ..SO, , I"CI> I , "" ..!!J (: '" "I": , /..... 'J/orfOOd.:w -'_. . 8 ) Ap ,/ '__I I, N :~ 'j}l_~ !$óJ1!i 56 Ac -. '" AGENDA REQUEST ...,¡ ITEM NO. ~ DATE: August 21,2001 REGULAR [ ] PUBLIC HEARING[XX] CONSENT [ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Revels Lane1 M.S.B.U. Potable Water Improvements - FPUA Initial Public Hearing BACKGROUND: See attached memorandum FUNDS AVAIL.: N/A PREVIOUS ACTION: July 24, 2001 - Board accepted the petition and granted permission to advertise the Initial Public Hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 01-189 creating the Revels Lane1 M.S.B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. COMMISSION ACTION: NCE: [x] APPROVED [] DENIED [ ] OTHER: 5-0 [xJCounty Attorney ~ ~ [x]Public w~~ ( [x]Finance [ ]Purchasing [x ICo, Eng [IOther \..; >.,J COMMISSION REVIEW: August 21, 2001 ENGINEERING MEMORANDUM 01-215 TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald B. West, County Engineer August 9, 2001 Revels Lane1 MSBU Potable Water Improvements - FPUA Initial Public Hearing ~, BACKGROUND Property owners on Revels Lane and a portion of 7th Street have submitted petitions to St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary in bringing potable water improvements to their neighborhood. The utilities system would be provided by Fort Pierce Utilities Authority. Sixteen of twenty-eight property owners signed the petition which represents sixty-two (62%) percent in support of the project. An informal meeting was held on July 12,2001 with the residents to discuss the proposed potable water improvements and conceptual design, the MSBU process, and to provide the residents with a rough estimate of the cost. It was the consensus of those present to proceed directly with the Public Hearing. In order to create the M.S.B.U. for potable water service provided by the Fort Pierce Utilities Authority, the County must first enter into an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. This agreement will establish the FPUA and County's responsibilities with respect to this specific project. Under this agreement, the County agrees to assess the property owners forthe municipal improvements provided by the FPUA. The FPUA will be responsible for the design, permitting, and construction of the potable water system, administration of the construction contract, inspection, and final acceptance of the system for maintenance. St. Lucie County will be responsible for the administration of the M.S.B.U.. The improvements will consist of a six inch looped water main with fire hydrants to meet current fire protection requirements. This project would be constructed in conjunction with the King Orange2 MSBU and Skylark2 MSBU which will help to lower construction costs. The estimated project cost, excluding tax collector fees is $149,000.00. The method of assessment for the potable water improvements shall be based upon the "Equivalent Residential Connection" (ERC) method, whereas each property owner is assessed equally for the improvements. '-' ....., RECOMMENDATION Staff recommends that the Board adopt Resolution No. 01-189 creating the Revels Lane1 M.S.B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. cc: Staff Concurring Tax Collector Property Appraiser '-' ...." RESOLUTION NO. 01-189 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO CERTAIN PROPERTIES ON REVELS LANE IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE POTABLE WATER IMPROVEMENTS SHALL BE BASED UPON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD; DETERMINING mAT THE COST OF THE PROJECT IS NOT IN EXCESS OF THE BENEFIT; CREATING THE REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT; RESOLVING THAT 100% OF THE COST OF THE PROJECT SHOULD BE FUNDED BY NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED ON PROPERTIES WITHIN THE REVELS LANE1 MUNICIPAL SERVICES BENEFIT UNIT THROUGH AN ASSESSMENT BASED ON AN EQUIV ALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Chapter 125, Florida Statutes and Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code), the Board of County Commissioners for St. Lucie County, Florida (the "Board") has the authority to establish municipal services benefits units ("MSBU's") in unincorporated St. Lucie County to provide, among other things, drainage improvements and potable water service; and WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures which govern the establishment and administration of such MSBU's; and -1- '-" '" WHEREAS, on July 24, 2001 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted the petition of 71 % of the land owners for potable water improvements within a proposed Revels Lanel Municipal Services Benefit Unit (the "Revels Lanel MSBU") requesting that the Board create the Revels Lane1 MSBU to fund the cost of a project to provide potable water improvements to certain properties on Revels Lane1 in unincorporated St. Lucie County (the "Project"); and WHEREAS, on August 21, 2001 pursuant to the requirements of Section 1-13.5 of the Code, the Board held a duly advertised initial hearing to consider the creation of the Revds Lane 1 MSBU, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the County Engineer has advised the Board that based on an analysis of the costs and benefits of the Project, the equivalent residential connection method of assessment is appropriate because this method of assessment fairly and reasonably apportions the cost of the project among the benefitted properties; and WHEREAS, after hearing the comments of the County staff as well as interested persons, the Board has made the following determinations: (1) the Project and the creation of the proposed Revels Lane 1 MSBU is in the best interest of the health, safety and welfare of the County and will be of benefit to the properties within the limits of the proposed Revels Lane1 MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Revels Lane1 MSBU as shown on the map attached hereto as Exhibit "B" is 100%; (3) the method of assessment to be used in assessing the benefitted properties shall be the equivalent residential connection method; and (4) the cost of the project is not in excess of the benefit gained by each of the properties which would be subject to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the Revels Lane 1 Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit "B". Section 2: The entire cost of the Project shall be funded through non-ad valorem special assessments levied against real property within the limits of the Revels Lane1 MSBU. Section 3: The method of assessment shall be based on the equivalent residential connection method of assessment such that each lot owner within the Revels Lane1 MSBU shall share proportionately in the cost of the Project in relationship to the benefit received. Section 4: The County Director of Engineering is hereby authorized to proceed with the Project pursuant to the procedures set forth in Chapter 1-13.5 of the Code. -2- '-" ......, Section 5: In the event the Project is not ultimately approved and constructed, the cost of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the Revels Lanel MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 21st day of August, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- '-" EXHIBIT A PROOF OF PUBLICATION -4- """ '-'" EXHIBIT B MAP OF MSBU -5- -.....I W' r 5 ò 6 CD 7 2--- - 8 9 ---- 10 ----- Ò 11 ~---- 12 13 Ò 14 CD g 15 Ò <0 16 ..... 125' Ò 2 CD 31 3 30 c> CD 29 c> <D 28 g uJ > 27 . 1-1 go:: o 26 . c> ----'" 25 - 24 23 18 . 17 125' 134, 12' ü-,S I 6 7 ~ 1 I 3 I in____ M2 1141 - 4 - 125' 131'96' 131,54 - I ~S 1"6 - 1 1 3 ' ~----: 4~ 41 - 4 1 - 189,6 . Ii? 1~5' in a::: w o :z: « w ~ C) - 2 . ".. .. .....-.. ..-... ...~;--;:-~.:--:-- '-REvns LANE 1 MSBU - POTABLE WA..... FPUA (9795) . 35 Ò ____<0 If'- O' /60" 1-- I 140' I I f'- It-- I I I r-- I :J I I I 1--- I I I I Ir I'- I - 3 I 211- lit t; I I !rt f:= I .- g: ~ I ~ / - I I L_ I I I I r f' I I I 50' 7 8 I 35134 f I IAfA~E:~ I 33 I I I 60', PL A CEo 'YF '-'" AGENDA REQUEST ....,.¡ ITEM NO. 5D DATE: August 21, 2001 REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Interlocal Planning Agreement between St. Lucie County, the City of Port St. Lucie and the Port St. Lucie Community Redevelopment Agency BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the Interlocal Planning Agreement and authorize the Chairman to sign the Agreement. [x] APPROVED [ ] DENIED [ ] OTHER: 5-0 Approved as amended with language to be added by County Attorney vesting rights to existing property owners, etc. Do las Anderson unty Administrator COMMISSION ACTION: Review and Approvals County Attorney: Management & Budget Purchasing: originating Dept. Com. Dev. Dir: County Eng, : Finance: (Check for Copy only, if applicable) Eff, 5/96 '-" """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO. 01-1097 DATE: August 14, 2001 SUBJECT: Interlocal Planning Agreement between St. Lucie County, the City of Port St. Lucie and the Port St. Lucie Community Redevelopment Agency ----------------------------------------------------------------------------------- ----------------------------------------------------------------------------------- BACKGROUND: Attached to this memorandum is a copy of a draft Interlocal Planning Agreement between the County, the city of Port St. Lucie, and the Port St. Lucie Community Redevelopment Agency. The Agreement was drafted by consultants assisting the City in creating the City's redevelopment agency. The general purpose of the Agreement is to provide compatible land uses for lands within and adjacent to the boundaries of the City's community redevelopment area. Under the terms of the draft Agreement, the County would agree to initiate and consider comprehensive plan amendments either as text or future land use map changes for unincorporated lands that are identified on Exhibit "Au to the Agreement. The County would also be obligated to provide the City's Community Redevelopment Agency (CRA) with a copy of any application for development order which is proposed in the unincorporated area identified in Exhibit "A". The CRA has ten (10) working days from receipt of any development application to indicate in writing whether an objection would be made. If the CRA indicates that an objection will be made, the County must delay any action on the application for a period not to exceed thirty (30) days. The County must consider any comments or objections from the CRA in determining whether to approve the application. Copies of City Ordinance 01-1, City Resolution 0l-R2 and the approved Master Development Plan for the CRA are attached. Notice of this public hearing was published in the Tribune. A mailed notice was also sent to the affected property owners in the unincorporated areas. '-" ...J Interlocal Planning Agreement Between St. Lucie County, Florida, The City of Port St. Lucie, Florida and The Port St. Lucie Community Redevelopment Agency This Interlocal Planning Agreement (the "Agreement") made and entered into as of the --..:..- day of , 2001 by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as the "County"), the CITY OF PORT ST. LUCIE, a Florida municipal cOrporation (hereinafter referred to as the "City") and PORT ST. LUCIE COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and· politic of the State of Florida (the "Agency"): (The Count,y, Cit,y and Agency are sometimes collectively referred to as the "Parties") WIT N E SSE T H: WHEREAS, it is the purpose and intent of this Agreement, the Parties hereto, and the Florida Interlocal Cooperation Act of 1969, as amended and codified as Section 163.01, Florida Statutes (the "Cooperation Act"), to permit the Agency, the Cit,y and the County to make the most efficient use of their respective powers, resources and capabilities by enabling them to cooperate on the basis of mutual advantage and thereby to provide the propert,y. facilities and services provided for in this Agreement in the manner that will best accord with the existing and anticipated resources available to each of them and with geographic, economic, population and other factors influencing the needs and developments within the Port St. Lucie community redevelopment area (the "CRA Area") in the corporate limits of the Cit,y. the area of operation of the Agency, and the unincorporated area of the County - as designated on the attached map as Exhibit "A"; and WHEREAS, it is the purpose of the Cooperation act to provide for a means by which the Parties may exercise their respective powers, privileges and authorities which they share in common and which each might exercise separately; and WHEREAS. the Parties recognize that proper intergovernmental coordination is essential for sound growth management; and WHEREAS, a joint planning area agreement will provide a basis for the evaluation of future development applications as well as for the adequate provision of public services; and WHEREAS, the Parties seek to have compatible land uses adjacent to their common boundary; and 1 ~ ,..., WHEREAS, effective intergovernmental relations will improve the delivery of public services; and WHEREAS, Section 163.3171, Florida Statutes authorizes municipalities and counties to enter into joint agreements which provide that unincorporated areas adjacent to incorporated municipalities can be included in the area of municipal jurisdiction for the purposes of joint action in the preparation and adoption of the comprehensive plan, procedures for the administration of land development regulations or the land development code applicable thereto and other purposes under the Local Government Comprehensive Planning and Land Development Act, Section 163.3161, et. seq., Florida Statutes; -, WHEREAS,' the Local Government Comprehensive Planning and Land Development Act requires joint agreements entered into pursuant thereto to be formally stated and approved in appropriate action by the governing bodies involved and the administration be governed 'by the Florida Interlocal, Cooperation Act of 1969; and WHEREAS, the City and the County have held public hearings with public notice thereof to consider the adoption of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants of this Agreement, the Agency, the City, and the County agree as follows: ARTICLE 1 AUTHORITY 1.1 Authority. This Agreement is entered into pursuant to the provisions of Section 163.01, Florida Statutes, Section 163.400, Florida Statutes; Part III, Chapter 163 Florida Statutes; Section 163.3171, Florida Statutes, and other applicable provisions of law, all as amended and supplemented from time to time. ARTICLE 2 2.1 Definitions. The following defmitions shall apply to this agreement: Agency: The City of Port St. Lucie Community Redevelopment Agency. Agreement: The interlocal planning agreement. 2 '-" '...,. City: The City of Port St. Lucie, Florida. Cooperation Act: The Florida Interlocal Cooperation Act of 1969 as amended and codified as Section 163.01F.S. County: St. Lucie County, Florida. CRA: The City of Port St. Lucie Community Redevelopment Agency as officially adopted by Ordinance 01-1. CRA Area: The City of Port St. Lucie Community Redevelopment Area as officially adopted by Resolution 01-R2. " CRA Master Plan: The official master development plan for the CRA Area as approved by the CRA and the City of Port St. Lucie. Parties: St. Lucie County, Florida, The City of Port St. Lucie, Florida and the City of Port St. Lucie - Community Redevelopment Agency. ARTICLE 3 PURPOSE, FINDINGS, INTENT 3.1 The purpose of this Agreement is to provide the procedures for joint action by City and the County with the Area in the preparation and adoption of changes to the comprehensive plan and on procedures for the administration of land development regulations or the land development code applicable thereto. 3.2 It is the intent of the parties to provide for the efficient and effective development of the Area by providing for the administration of development regulations for the Area. ARTICLE 4 COMPREHENSIVE PLAN AMENDMENTS AND ZONING AGREEMENT 4_1 To provide for better integrated land use planning and land development consistency between the City and County, the City and the County shall initiate Comprehensive Plan amendments for the CRA Area for consideration and adoption as needed in order to implement the direction of the approved CRA Redevelopment Master Plan. The City and County shall 3 '-"" ....¡ consider Comprehensive Plan amendments either as text or Future Land Use Map changes for both City lands within the CRA area and County lands that are contiguous to the CRA Areas and as shown on Exhibit "A" as proposed and recommended for adoption by the Agency. 4.2 The CRA shall develop a mixed use zoning classification for the CRA area within the City in order to implement the CRA master plan. The County shall consider adoption of a similar type of zoning classification for the area of the unincorporated County adjacent to the CRA as shovm on Exhibit "A". The zoning document shall be drafted, proposed and recommended by the Agency to the City and County for their consideration and approval. 4.3 Neither the City's or the County's duties, obligations, or responsibilities under any section of this agreement shall affect the Parties right, duty, obligation, authority or power to act in its govemmental or. regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. In no event shall the Parties, due to any provision of this Agreement, be obligated to take any action conceming regulatory approvals except through its established processes and in accordance with applicable provisions of law. ARTICLE 5 NOTIFICATION OF DEVELOPMENT APPLICATIONS 5.1 In order to properly coordinate land use and development activities withinthe CRA area, the County shall provide the Agency with a copy of any application for Development of Regional Impact (D.R.I.), Comprehensive Plan amendment, rezoning, subdivision plat, variance, special exception, site development plans, road, infrastructure plans or other type of application for land development order approval which is proposed in the unincorporated County area adjacent to the CRA as shown on Exhibit "A". This shall be provided in a timely manner and include a schedule for review and comment of such applications that allows for adequate time to respond by the Agency. 5.2 Within ten (10) working days of receipt of a development application from the County, the Agency shall indicate in writing whether an objection will be made, and, if an objection is subsequently made, it shall be made in writing. If an objection it to be made, the County shall delay any action on the application until the Agency has reviewed the application in relation to the approved CRA Master Plan, and submitted a written objection thereto, which period shall not exceed thirty (30) days. The Agency may request the County 4 '-' '" to take certain actions as related to approval or denial of the request or provide for conditions or changes to the requested application in order to make it more consistent with the approved CRA Master Plan. The County shall consider such comments in their review of the application and deliberations as related to the request. 5.3 Any Agency comments regarding development proposals in the Area shall be forwarded to the County's Community Development Director. Any County development proposals as documented in Section 5.1 for properties within the unincorporated County area as shown on Exhibit "A" shall be forwarded to the City's Director of Planning and Zoning who serves as liaison betvleen the AgeI)cy and, the City. The County Community Development Director shall ensure that the comments, which are received from the Agency, are considered by County staff in their review of suçh applications and are made a part of the official record at all appropriate public hearings. ARTICLE 6 . MISCELLANEOUS 6.1 Amendments. This Agreement may be amended by the mutual written agreement of the County, Agency and the City at any time and from time to time, which amendments shall become effective upon filing thereof with the Clerk of the Circuit Court of St. Lucie County, Florida, pursuant to Section 163.01 (11), Florida Statutes. 6.2 Assignment. None of the parties may assign or transfer any or all of its duties, rights, responsibilities, or obligations under this Agreement to any other party or any person not a party to this Agreement without the express prior approval of the other party to this Agreement. 6.3 Severability. The provisions of this Agreement are severable, and it is the intention of the parties to confer the whole or any part of the powers herein provided for and if any of the provisions of this Agreement or any other powers granted by this Agreement shall be held unconstitutional, invalid or void by any court of competent jurisdiction, the decision of said court shall not affect or impair any of the remaining provisions of this Agreement. It is hereby declared to be the intent of the parties hereto that this Agreement would have been adopted, agreed to, and executed had such unconstitutional, invalid or void provision or power not been included therein. 5 '-" ....,I 6.4 Controlling law. Any and all provisions of this Agreement and any proceeding seeking to enforce and challenge any provision of this Agreement shall be governed by the laws of the State of Florida. Venue for any proceeding pertaining to this Agreement shall be St. Lucie County, Florida. 6.5 Members of the Agency, City and County Not Liable. (1) All covenants, stipulations, obligations and agreements of the Agency, the City and the County contained in this Agreement shall be deemed to be covenants, stipulations, obligations and agreements of the Agency, the City and the County, respectively, to the full extent authorized by the Act and provided by the Constitution and laws of the State of Florida. (2) No covenant, stipulation, obligation ·or agreement controlled herein shall be deemed to be a covenant, stipulation, obligation or agreement of any present or future individual member of the governing body or agent or employee of the Agency, the City or the County in its, his or th~ir individual capacity, and neither the members of the Governing Body of the Agency the City or the County or any official executing this Agreement shall individually be liable personally or shall be subject to any accountability by reason of the execution by the Agency the City or the County of this Agreement or any act pertaining or contemplated hereby. 6.6 Expiration of the Agreement. (1) This agreement shall expire and terminate by its own tenns without further notice or action by any party hereto on the tenth (lOth) anniversary of the Effective Date. This agreement may be terminated at an earlier date upon agreement of all parties, or upon request of any party, without cause, after a 30 day written notice. (2) The parties covenant and agree that upon this agreement expiring and tenninating on the Expiration Date, all rights, privileges, obligations and responsibilities of any party hereunder shall expire and be of no force and effect, except to the extent any provision hereof expressly survives the Expiration Date. 6.7 Beneficiaries. Nothing in this Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the parties hereto, any right, remedy, or claim, legal or equitable, under or by reason of this Agreement or any provision hereof. It is the intent of 6 '-' ...,.¡ the parties hereto that this Agreement and all its provisions are intended to be and are for the sole and exclusive benefit of the parties hereto. 6.8 Notices. Any notice, demand, direction, request or other instrument authorized or required by this Agreement to be given or filed with the Agency the City, or the County shall be deemed sufficiently given or filed for all purposes of this agreement if and when sent by registered mail, return receipt requested, or by direct personal delivery: To the County: Douglas M. Anderson,_ County Administrator (with a copy to St;Lucie County Attorney) 2300 Virginia Ave. Fort Pierce, FL 34982 To the City: Donald B. Cooper, City Manager (with a copy to City of Port St. Lucie Attorney) 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34983 To the Agency: Steven R. Ball, Director of Planning & Zoning City of Port St. Lucie Redevelopment Agency 121 SW Port St. Lucie Blvd. Port St. Lucie, FL 34984 6.9 Execution of Agreement. This Agreement shall be executed in the name of the Agency by its chainnan and Executive Director and the seal of the Agency affixed hereto and in the name of the city by its Mayor and City Clerk, and approved as to fonn and execution by the City Attorney, and the seal of the City affixed hereto. If any officer whose signature appears on this Agreement ceases to hold office before all officers shall have executed this Agreement or prior to the filing of this Agreement as provided in Section 6.11 hereof, his or her signature shall nevertheless be valid and sufficient for all purposes. This Agreement shall bear the signature of, or may be signed by, such individuals as at the actual time of the execution of this Agreement shall be the proper and duly empowered officer to sign, this Agreement and this Agreement shall be deemed to have been duly and properly executed even though on the Effective Date any such individual may not hold such office. 6.10 Filing With Circuit Court Clerk. The City Clerk is hereby authorized and directed after approval of this Agreement by the Governing 7 ~ '-' Body of each of the County, Agency and the City and the execution thereof by the duly qualified and authorized officers of each of the parties hereto as provided, to file this Agreement with the Clerk of the Circuit Court of St. Lucie County, Florida, as provided in Section 163.01 (11), Florida Statutes. IN WITNESS WHEREOF, the parties hereto; by and through the undersigned, have entered into this Interlocal Agreement as of the day and year first above written. BOARD OF COUN1Y COMMISSIONERS ST. LUCIE COUN1Y, FLORIDA ATTEST: By: Frannie Hutchinson Chainnan A_ Millie Delgado Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: Daniel S. McIntyre County Attorney CI1Y OF PORT ST. LUCIE, FLORIDA A TrEST: By: Robert E. Minsky Mayor Sandra K. Johnson City Clerk APPROVED AS TO FORM: Roger G. Orr City Attorney 8 ~ ~ w aš ~ ~ C) z Z ~ a. § æ ~ - « I- m ~ ....... ....,¡ i ~5~ å ::I ~~ ro 8- c ~ã3.s: ü æ~:5 1::1 2~o Q) E-CO- ..... 8~11 ~ c CO:ð' <C ;5 ~ ii1 o ~ ~ .g> ~ "0 ~ g> E tt IÎ1 z.~ ~ þ c· ::J o Ü c t ~ i' ::J o 'b" ü'" Q) ·ü ::J ~ ëñ '-"' '-' RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the Interlocal Planning Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, ,tì'~j¡jJ ~, Lrrt e~ {I''f Daniel S. McIntyre County Attorney DSM/caf Attachments '-' '" I I I I I I I ¡ RESOLUTION OI-R2 RESOLUTION OF THE CITY OF PORT·ST. LUCIE, FLORIDA, RELATING TO COMi\1UNITY REDEVELOPMENT; MAKING FINDINGS; FINDING A BLIGHTED AREA EXISTS IN TIlE CITY; FINDING THE REHABILITATION, CONSERVATION OR REDEVELOPMENT OF SUCH AREA IS NECESSARY IN THE PUBLIC INTEREST; FINIDING A SPECIFIED AREA; PROVIDING FOR CONFLICT WITH OTHER RESOLUTIONS AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City bas analyzed various areas throughout the community and recommended certain boundaries to be established for the purpose of redevelopment; and WHEREAS, the City's Planning & Zoning Board bas reviewed a "Findings and Declaration of Necessity Report" and associated redevelopment boundary and made recommendations concerning the adoption of a Community Redevelopment Agency (CRA); and WHEREAS, the City Council bas received and considered written materials, including a "Findings and Declaration of Necessity Report" which identified conditions within the boundaries of the City ofPort St. Lucie in the area and is depicted within such report as Exhibit "A" attached hereto and made a part of this resolution (the "Area"); and WHEREAS, after having received and considered the documents presented and the determinations and the facts and evidence of conditions in the Area, the City Council desires to proceed in accordance with the authorization and powers granted by the Community Redevelopment Act, codified as Part III, Chapter 163, Florida Statutes, to establish the necessary means by which redevelopment can be accomplished in the Area and that certain actions are appropriate and necessary and should be taken to address the conditions now present and expected to be present in the Area; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA AS FOLLOWS: Section 1. Findings. The City Council does hereby find: (a) Based upon the facts and evidence presented to and considered by the City Council, the following conditions exist in the Area: 1. There is a predominance of inadequate street or faulty lot layout within the Area; and, 2. Conditions are present in the Area that are detrimental and impair sound growth management of the municipality within the Area, and present conditions and uses exist in the Area that are detrimental to the public health, safety, morals and public welfare; and ~ -..."I 3. There are problems associated with diversity of ownership patterns and unusual conditions including those related to access, maintenance and land assembly resulting in outdated building density patterns of development; and 4. There are factors that constitute social and economic liability as evident in declining property values with the Area; and 5. The Area due to the factors as stipulated above in findings 1-4 or a combination of such is therefore appropriate for community redevelopment. (b) The notices required by Section 163.346, Florida Statutes (2000), have been timely published or mailed in accordance with said statute. (c) Action must be taken immediately to prevent further blight and deterioration and to protect and enhance public expenditures previously made in the Area_ (d) The Arta could, through the means provided in the Community Redevelopment Act, be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community. (e) The preservation or enhancement of the ta.'{ base 1Ì"0m which a taxing authority realizes tax revenues is essential to its existence and financial health; that the preservation and enhancement of such tax base is implicit in the purposes for which a taxing authority is established; that tax increment financing is an effective method of achieving such preservation and enhancement in areas in which such tax base is declining; that community redevelopment in such areas, when complete, will enhance such tax base and provide increased ta.'{ revenues to all affected taxing authorities, increasing their ability to accomplish their other respective purposes; and that the preservation and enhancement of the tax base in such areas through tax increment financing and the levying of taxes by such taxing authorities therefore and the appropriation of funds to a redevelopment trust fund bears a substantial relation to the purposes of such taxing authorities and is for their respective purpose and concerns. Section 2. Finding ofNecessitv. The City Council, based upon evidence presented to it and in the public record, does hereby fmd that a "blighted area" exists (as defined ill Section 163.340(8), Florida Statutes (2000) and is an area that is deteriorating and economically distressed due to the factors as outlined and documented in the "Findings and Declaration of Necessity Report" as attached as exhibit "A". The City ofPort St. Lucie, Florida, further finds that the rehabilitation. conservation or redevelopment, or a combination thereof, of such area described is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Port St. Lucie, Florida. '-' . -.",¡ Section 3. Community Redevelopment Area. Based upon the fàcts presented to it Ìmd contained in the public record. the City Council does hereby find the Area is a "blighted area" (as defined in Section 163.340(8), Florida Statutes (2000), and that such area constitutes a "community redevelopment area" as defined in Section 163.340(10), Florida Statutes (2000). Section 4. Conflicts. All resolutions and parts of resolutions in conflict with any of .the provisions of this resolution are hereby repealed. Section 5. Severability. If any section or portion of a section of this resolution proves to be invalid. unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other section or part of this resolution. Section 6. Effective Date. This resolution shall become effective immediately upon its passage and adoption. PASSED AND APPROVED this 22Dd day of January, 2001. CITY COUNCIL CITY OF PORT ST. LUCIE, FLORIDA By: Robert E. Minsky, Mayor ATTEST: Sandra K. Johnson, City Clerk APPROVED AS TO FORM: Roger G. Orr, City Attorney 'w' ~ ORDINANCE 01-1 COUNClLITEM SA DATE2/12/01 AN ORDINANCE OF THE CITY OF PORT ST. LUCIE ESTABLISHING A COMMUNITY REDEVELOPMENT AGENCY; PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Port St. Lucie, Florida desires to improve certain areas within the City through a redevelopment effort including the formation of a Community Redevelopment Agency; and WHEREAS, it has been determined that factors exist that constitute an economic and social liability that imposes an onerous burden upon the City's tax base, including conditions that impair or arrest sound growth management and constitute blight as defined by Florida Statutes; and WHEREAS, Fla. Stat., Chapter 163, Part III provides for a process to establish a redevelopment boundary and redevelopment agencies in order to target revenue improvements to specific areas of the City for redevelopment; and WHEREAS, the City has analyzed various areas and recommended certain boundaries to be established for the purpose of redevelopment as consistent with Florida Statutes; and WHEREAS, in order to improve conditions within the boundary it may require acquisition, clearance and disposition of property subject to restrictions or changes of land used and that designated areas may be redeveloped, conserved or rehabilitated through appropriate public actions as necessary for public health, safety and welfare; and THE CITY OF PORT ST. LUCIE HEREBY ORDAINS: Section 1. THERE IS HEREBY created and established the City of Port St. Lucie Community Redevelopment Agency, a public body corporate and politic. having all the Page 1 of 5 H:\LegaI\Connle\Ordinance\CRA Establlsh.doc 01/29/01 '~ ....", ORDINANCE 01-1 powers necessary or convenient to carry out and effectuate the purposes and provisions of the Community Redevelopment Agency Act of 1969. Fla. Stat., Chapter 163, Part III, subject to the powers herein provided. Section 2. CREATED: POWERS AND DUTIES In accordance with the provision of Fla. Stat. §163.357. the City Council declares itself to be the interim Community Redevelopment Agency empowered to transact business and exercise powers as provided for in Fla. Stat. §163.330, et seq. (a) The affairs of the Agency, when created. shall be under the direct supervision and control of a board of five (5) members. (b) Each member of the board shall serve without compensation for services rendered as a member, but may be reimbursed by the board for necessary and reasonable expenses actually incurred in the performance of duty. The board may require all of its members or any or all of its officers or employees be required to post bond for faithful performance of duty; the board shall require such bond of all persons authorized to sign on accounts of the board, and the board shaH pay bonding costs. No member of the board shall be personally liable for any action not taken in attempting in good faith to perform his duty, or for a decision not to act, except in instances of fraud or willful neglect of duty. Section 3. BOARD BYLAWS AND INTERNAL GOVERNANCE (a) The board shall adopt by-laws and a seal. The board shall formulate and may amend its own rules of procedure and written bylaws not inconsistent herewith. (b) A majority of its entire membership shall constitute a quorum for the transaction of business. but fewer that a quorum may adjourn from time to time and may Page 2 of 5 H:\legaIIConnle\Ordinance\CRA Establlsh,dcx: 01/29/01 '-" ...." ORDINANCE 01-1 compel the attendance of absent members. All action shall be taken by vote of at least a majority present and voting. The board shall select one (1) of its members as chairman and another as vice chairman and shall prescribe their duties, powers and terms of seNing. It shall hold regular meetings at least quarterly and shall provide in its bylaws for holding special meetings. All meetings shall be given public notice and shall be open to the public. Section 4. FUNCTIONS OF THE AUTHORITY The authority shall perform the following functions: (a) Prepare an analysis of the economic conditions and changes occurring in the Community Redevelopment Agency boundary, including the effect thereon of such factors as metropolitan growth, traffic congestion, lack of adequate parking and other access facilities. and structural obsolence and deterioration. (b) Formulate immediate, intermediate and long-range development programs for improving the attractiveness and accessibility to the public of the Community Redevelopment Agency boundary. promoting efficient use thereof, remedying the deterioration of property values, and developing the redevelopment area. (c) Recommend to the City Council and residents the actions deemed most suitable for implementing the Community Redevelopment Agency development programs, including removal, razing, repair, renovation, reconstruction, remodeling, and improvement of existing structures, addition of new structures and facilities, relocation of any of those existing, and changes in patterns of and facilities for getting thereto and therefrom. (d) Participate actively in the implementation and execution of Community Redevelopment Agency development programs, including establishment acquisition, Page 3 of 5 H:ILegallConnlelOrdinancelCRA Establlsh.doc 01/29/01 ... .--.--. '-' '-' ORDINANCE 01-1 construction, ownership, financing, leasing, licensing, operation, and management of public facilities deemed feasible and beneficial in effecting implementation, but this paragraph shall not give the authority any power or control over any City property unless and until assigned to it by the City Council. (e) Carry on all projects and undertakings authorized by law and within the limits of the powers granted to it by law, such additional public projects and undertakings related to the redevelopment area as the City Council may assign to it with its consent. Section 5. POWERS RESERVED TO THE CITY COUNCIL The following powers shall remain with the City Council: (a) The power to determine an area to be a slum or blighted area, or combination thereof; to designate such area as appropriate for community redevelopment; and to hold any public hearings required with respect thereto. (b) The power to grant final approval to community redevelopment plans and modifications thereof. (c) The power to authorize the Issuance of revenue bonds as set forth in Fla. Stat. §163.385. (d) The power to approve the acquisition, demolition, removal, or disposal of property as provided in Fla. Stat. § 163.370(3), and the power to assume responsibility to bear loss as provided in Section 163.370(3). (e) The power to approve the development of community policing innovations. (f) The power to zone or rezone any part of the City to make exceptions from building regulations. Page 4 of 5 H:\LegaI\ConnieIOrdinance\CRA Establlsh.doc: 01129/01 '-"' "wi ORDINANCE 01-1 (g) The power to close. vacate, plan or re-plan streets, roads, sidewalks, ways, or other places and to plan or re-plan any part of the City. Section 6. ANNUAL AUDIT The Agency shall file with the Clerk of the City of Port St. Lucie. Florida and with the Auditor General of the State of Florida on or before March 31 of each year a report of its activities for the proceeding fiscal year, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expenses as of the end of such fiscal year. At the time of filing the report, the Agency shall publish in a newspaper of general circulation in the community a notice to the effect that such report has been filed with the municipality and that the report is available for inspection during business hours in the office of the clerk. Section 7. This ordinance shall become effective ten (10) days after its final adoption. PASSED AND APPROVED by the City Council of the City of Port St. Lucie, Florida, this 12th day of Februæ:y ,2001. -., \",'1 > '\ ....... '16/ . ~ "I. -. ...., ( i..'·' "''''',", '.4 : ..... (' " - v . ~l ',.' ...'......~.t:". ,....- :..J..4 ...'" ..~1 \ . \. S~T ." 'I. :SJr. . -. ... . J ..'I. , "'. ~. .~ þ -..... ...., , ~ . , , ... Sandra' K. Johnson, City Clerk APPROVED AS TO FORM: Roger ~ Page 50f5 H:ILegal\ConnlelOrdlnancelCRA Establlsh.doc 01/29/01 t-,"·..·,·,~·--····_··~,~·,' ~: _'.'-'_. ."",,,_. _. ._,"_ L~~,~~~~ ,~~~~ëi':·Rev¡-;¡ë.a' ~~-BY~;Rëv¡sedo~~;~~I:!::~~~="~"' -... .--.. ,- ..-.-. - .~.. .--.'. :..~~~-r- Päg.e_j~: ':!!It!.._...,._~._."".""" , , , ""\ .I From: .To: Date: Subject: Connie Kramer Steve Ball 1130101 11 :OOAM Revised CRA Bylaws: Revise.d Ord. 01-1 // IJ ~tJ,~~., ./ " ,,-' .------- Following changes were made: Ord. 01-1 - added the word "interim" to Section 2 (page 2) first paragraph also removed the italics. Bylaws: 1. Added the word "interim" to Section 3 - Article "' (page 1 of 9) 2. Per Pam, did not change the wording to Section 2, Article IV (page 2 of 9) she believes it reads correctly. 3, Changed Section 5, Article XIII, (page 8 of 9) to read "The staff shall furnish recording capability for all meetings." Any questions please let me know as I want to send a final copy to Dolores in the Clerk's Office. Thank you1 Connie ..-.---- - -- -------.-.,-, To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-' Agenda Request ...., Item Number _t:;. É Date: August 21, 2001 Consent Regular Public Hearing Leg. [ ] ] [ ] [ X ] Quasi-JD [ X ] Board of County Commissioners Community Development i recto r Consider Draft Resolution 01-128, which would grant the petition 0 . ,Schamback, r a Variance from Section 6.02.02{B)(2)(a)(2) of the SI. Lucie County Land Dev pment Code - Sl Luc River Shoreline Setbacks, and a waiver from the requirements of Section 8,OO,05(A) of the SI. L ie County Land Development Code - Fencing Requirements around pools, The petitioner, Dr. Schamback has requested relief from two separate provisions of the SI. Lucie County Land Development Code, They are being presented as one petition, but for the purpose of the hearing and discussion, they will be addressed separately within this report. The applicant is requesting a variance from Section 6,02.02{B)(2)(a)(2) in order to permit the continued use of a 4 foot fence along the north property line of his property located at 3311 Eventide Place. There is an existing 6 foot fence along the south property line on the adjacent property and a 4 foot seawall along the SI. Lucie River, The 4 foot fence on the applicant's north property line is constructed down to the mean high water line (MHWL) and has a deficit of 75 feet of the required setback from the mean high water line, A variance request of 10 feet or more of this 75 foot setback requires a review and determination by the Board of County Commissioners. The provisions of Section 6.02.02{B)(2)(aJ, of the Land Development Code establish setbacks from the shoreline of the North Fork of the SI. Lucie River in which deveiopment activities are either prohibited or restricted, The requested variance arises from conditions which are unique to the property involved. The purpose of the 75 foot setback from the mean high water line is to protect any native vegetation located within this setback and along the shoreline, The proposed 4 foot fence wili not result in impacts to native vegetation. The bank of the SI. Lucie River in this area has previously been impacted by a concrete block bulkhead and boat dock, There is no native vegetation located within the 75 foot setback area, Dr, Schamback is also requesting a waiver from Section 8,00,05, Pool Fencing Requirements, which requires that all swimming pools in the unincorporated areas of the county, unless entirely screened in, shali be completely enclosed with a fence or wall at least 4 feet in height and so constructed as to not readily be climbable by smali children, The subject property has a 4 foot high seawali along the SI. Lucie River, a 6 foot fence along the south property line, and an existing 4 foot fence along the north property line, Staff believes that these three structures meet the intent of Section 8,00,05 if the intersections of the fences and seawall are secured. N/A N/A Staff has reviewed this petition requesting a waiver from Section 8.00,05, Pool Fencing Requirements and believes that these three existing structures meet the intent of Section 8.00,05 if the intersections of the fences and seawali are secured and is not in conflict with the goais, objectives, and policies of the SI. Lucie County Comprehensive Plan, Staff has reviewed the petition for variance from the SI. Lucie River Shoreline Setbacks and determined that it conforms with the standards of review as set forth in Section 10.01,30, SI. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the SI. Lucie County Comprehensive Plan. Staff Recommends approval of Draft Resolution 01·128, COMMISSION ACTION: [X] APPROVED 0 DENIED D OTHER 5-0 County Attorney Originating Dept.: Finance: Douglas M, Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND581) "-' "wi Commission Review: August 21 , 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Resolution 01-128, which would grant the petition of G.W. Schamback, for a Variance from Section 6.02.02(B)(2)(a)(2) of the St. Lucie County Land Development Code - St. Lucie River Shoreline Setbacks, and a waiver from the requirements of Section 8.00.05(A) of the St. Lucie County Land Development Code - Fencing Requirements around pools. LOCATION: 3311 Eventide Place (Beau Rivage area) ZONING DISTRICT: RS-3 (Residential, Single-Family - 3 du/acre) fUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 0.80 acre SURROUNDING ZONING: RS-3 (Residential, Single-Family - 3 du/acre) TRANSPORTATION IMPACTS RIGHT-Of-WAY ADEQUACY: The existing right-of-way width for Eventide Place is 50 feet. SCHEDULED IMPROVEMENTS: None. STANDARDS OF REVIEW The petitioner, Dr. Schamback has requested relief from two separate provisions of the St. Lucie County Land Development Code. They are being presented as one petition, but for the purpose of the hearing and discussion, they will be addressed separately within this report. In reviewing this application for a variance and a waiver to the St. Lucie County Land Development Code, the Board of County Commissioners will consider and make the following determinations: ~ "wi August 14, 2001 Page 2 Subject: Schamback/ Shoreline/Pool Fence Variance Reauest #1 : Variance from the Provisions of Section 6.02.02(8)(2)(a)(2), of the St. Lucie Countv Land DeveloDment Code - St. Lucie River Shoreline Setbacks. to allow for the construction of a fence within 75 feet of the Mean Hiah Water line of the St. Lucie River. 1. The variance requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Section 6.02.02(8)(2)(a)(2), are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Section 6.02.02(8)(2)(a)(2), of this Code, and not by an action or actions of the property owner or the applicant. The applicant is requesting a variance from Section 6.02.02(B)(2)(a)(2) in order to permit the continued use of a 4 foot fence along the north property line of his property located at 3311 Eventide Place. There is an existing 6 foot fence along the south property line on the adjacent property and a 4 foot seawall along the 8t. Lucie River. The 4 foot fence on the applicant's north property line is constructed down to the mean high water line (MHWL) and has a deficit of 75 feet of the required setback from the mean high water line. A variance request of 10 feet or more of this 75 foot setback requires a review and determination by the Board of County Commissioners. Section 6.02.02(B)(2)(a), of the Land Development Code establishes minimum setbacks from the shoreline of the North Fork of the St. Lucie River in which development activities are either prohibited or restricted. This section specifies that no development activity that would alter the native vegetation of the shoreline of tributaries of the North Fork of the St. Lucie River shall be permitted within 75 feet of the mean high water line for lots platted after August 1, 1989. The requested variance arises from conditions which are unique to the property involved. The purpose of the 75 foot setback from the mean high water line is to protect any native vegetation located within this setback and along the shoreline. The proposed 4 foot fence will not result in impacts to native vegetation. The bank of the 81. Lucie River in this area has previously been impacted by a concrete block bulkhead that was in place prior to this area being platted in the early 1990's. There is no native vegetation located within the 75 foot setback area. The granting of this variance would allow the applicant to continue the use of the fence without negatively impacting adjacent properties and to meet the spirit of Section 8.00.05, which requires fencing of swimming pools. 2. The granting of this variance will not impair or injure other property or improvements in the neighborhood in which the subject property is located. The reduction of the buffer zone has been determined to have no significant impact upon the water quality and shoreline protection needs of the 81. Lucie River. The subject property already has a bulkhead and dock on the St. Lucie River and, therefore, no degradation of the ''-"' -.",I August 14, 2001 Page 3 Subject: Schambackl Shoreline/Pool Fence Variance shoreline would be expected to occur if the setback is reduced from the current 75 feet to the proposed 0 feet for the four foot fence. A 4 foot seawall exists along the St. Lucie River and the south property line is bounded by an existing 6 foot fence. 3. The variance is the minimum that will make possible the reasonable use of the land. The requested variance is the minimum variance required in order to allow the fence in the location proposed. 4. The variance will not be opposed to the general spirit and intent of this Code or the St. Lucie County Comprehensive Plan. The proposed variance is not opposed to the general spirit and intent of the St. Lucie County Land Development Code or Comprehensive Plan. The variance, if granted, would allow the construction of fence that would closely resemble other fences constructed at homes in the neighborhood. Comments: The applicant is requesting a variance from Section 6.02.02(B)(2)(a)(2) in order to permit the continued use of a 4 foot fence along the north property line of his property located at 3311 Eventide Place. There is an existing 6 foot fence along the south property line on the adjacent property and a 4 foot seawall along the St. Lucie River. The 4 foot fence on the applicant's north property line is constructed down to the mean high water line (MHWL) and has a deficit of 75 feet of the required setback from the mean high water line. A variance request of 10 feet or more of this 75 foot setback requires a review and determination by the Board of County Commissioners. Section 6.02.02(B)(2)(a), of the Land Development Code establishes setbacks from the shoreline of the North Fork of the St. Lucie River in which development activities are either prohibited or restricted. This section specifies that no development activity that would alter the native vegetation of the shoreline or tributaries of the North Fork of the St. Lucie River shall be permitted within 75 feet of the mean high water line for lots of record platted after August 1, 1989. Staff has reviewed this petition and determined that it conforms with the standards of review as set forth in Section 10.01.30, St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff, recommends approval of the requested variance. ************************************************** '-" -...I August 14, 2001 Page 4 Subject: Schambackl Shoreline/Pool Fence Variance Waiver from the reQuirements of Section 8.00.0SiA) of the St. Lucie Countv Land Development Code - FencinQ ReQuirements around pools. Because Section 8.00.05(A), which addresses waivers from the fencing requirements, does not include specific standards of review, in this particular case, because of the location of this particular facility, staff has used the standards consistent with those of shoreline variances. ReQuest #2: 1. The waiver requested arises from conditions that are unique and peculiar to the land, structures, and buildings involved; that the particular physical surroundings, the shape, or topographical condition of the specific property involved would result In unnecessary hardship for the owner, lessee, or occupant, as distinguished from a mere inconvenience, if the Provisions of Section 8.00.05, are literally enforced; that they are conditions that are not ordinarily found in the same Zoning District, and the conditions are created by the regulations of Section 8.00.05, of this Code, and not by an action or actions of the property owner or the applicant. Dr. Schamback is requesting a waiver from Section 8.00.05, Pool Fencing Requirements, which requires that all swimming pools in the unincorporated areas of the County, unless entirely screened in, shall be completely enclosed with a fence or wall at least 4 feet in height and so constructed as to not readily be climbable by small children. The subject property has a 4 foot high seawall along the St. Lucie River, a 6 foot fence along the south property line, and an existing 4 foot fence along the north property line. 2. The granting of this waiver will not impair or Injure other property or improvements in the neighborhood In which the subject property is located. The applicant has demonstrated that, with the granting of the waiver, it would not endanger the public safety in the neighborhood. The pool is entirely enclosed by fences and walls of at least 4 feet in height. If extensions are constructed to the fences at the seawall to prevent passage around the end of the fences, the pool will be secure. Such extensions should be a condition of approval. 3. The waiver is the minimum that will make possible the reasonable use of the land. The requested waiver is the minimum needed in order to provide a safe and secure pool area. 4. The waiver will not be opposed to the general spirit and intent of this Code or the 5t. Lucie County Comprehensive Plan. The requested waiver is not opposed to the general spirit and intent of the 5t. Lucie County Land Development Code and the 51. Lucie County Comprehensive Plan. '-" ....., August 14, 2001 Page 5 Subject: Schambackl Shoreline/Pool Fence Variance Comments: Dr. Schamback is requesting a waiver from Section 8.00.05, Pool Fencing Requirements, which requires that all swimming pools in the unincorporated areas of the county, unless entirely screened in, shall be completely enclosed with a fence or wall at least 4 feet in height and so constructed as to not readily be climbable by small children. The subject property has a 4 foot high seawall along the St. Lucie River, a 6 foot fence along the south property line, and an existing 4 foot fence along the north property line. The attached Exhibit "A" indicates how the criteria of Section 8.00.05 would be enforced without the granting of the variance and waiver. Exhibit "8" indicates how the subject property would be able to meet the requirements of Section 8.00.05 if the variance and waiver were to be granted. Staff believes that these three existing structures meet the intent of Section 8.00.05 if the intersections of the fences and seawall are secured. Attached is Draft Resolution 01-128, which, if approved, would allow for the continued use of a 4 foot fence within the 75 foot setback of the Mean High Water line and a waiver from the 4 foot fence requirements around pools, specifically along the rear property line, subject to the following conditions: 1. In the event that the four foot fence along the north property line or the six foot fence along the south property is removed, the owner of the subject property G.W. Schamback, his successors or assigns, shall be required to provide a fence around the swimming pool meeting the requirements of Section 8.00.05 of the st. lucie county land development, or other applicable county standards effecting the screening of swimming pools. 2. Extensions shall be added to the fences along the north and south property lines to prevent ready access to the property around the ends of these fences. Please contact this office if you have any questions. ICP evelopment Director DJMI schamback1 (h) cc: County Administrator County Attorney G.w. Schamback 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 '-' ....,¡ 1 2 3 4 5 6 7 RESOLUTION 00-128 File No.: SLR-oHI01 ~ A RESOLUTION GRANTING A VARIANCE FROM SECTION 6.02.02(B)(2)(A)(2), ST. LUCIE COUNTY LAND DEVELOPMENT CODE - ST. LUCIE RIVER SHORELINE SETBACKS AND A WAIVER FROM SECTION 8.00.05(A), FENCING REQUIREMENTS FOR PROPERTY IN ST. LUCIE COUNTY (G. W. SCHAMBACK) WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. G.W. Schamback, presented a petition for a variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code and a waiver from the provisions of Section 8.00.05(A), fencing requirements, for property located at 3311 Eventide Place, along the North Fork of the St. Lucie River. 2. On August 21,2001, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 3. After consideration of the testimony presented during the August 21 , 2001 , public hearing, including staff comments and the standards of review for granting variances set out in Section 10.01.30, St. Lucie County Land Development Code, the Board of County Commissioners has made the following determination: 1. The requested variance, subject to the conditions in Section A below meets the standards of review as set forth In Section 10.01.30 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. 2. The variance and waiver granted will not impair other property or Improvements In the neighborhood. 3. The variance and waiver granted are the minimum needed to allow the continued use of the fence and meet the requirements for fencing around File No.: SLR-01-001 August 21,2001 Resolution 01-128 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 ~ ...,J pools. 4. The variance and waiver granted meet the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The petition for a variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code, St. Lucie River Setback Standards and a waiver from the provisions of Section 8.00.05(A), submitted by G. W. Schamback, is granted for the property described below, subject to the following conditions: 1. In the event that the four foot fence along the north property line or the six foot fence along the south property is removed, the owner of the subject property G.W. Schamback, his successors or assigns, shall be required to provide a fence around the swimming pool meeting the requirements of Section 8.00.05 of the st. lucle county land development, or other applicable county standards effecting the screening of swimming pools. 2. Extensions shall be added to the fences along the north and south property lines to prevent ready access to the property around the ends of these fences. B. The property on which this variance and waiver are granted is described as follows: EVENTIDE - UNIT ONE, LOT 6. Tax ID#: (4424-807-0008-000n) (Location: 3311 Eventide Place, (Beau Rivage area) C. The shoreline setback variance authorized under this resolution is 75 feet. D. The approvals granted through this Resolution are specifically conditioned to the requirement that the petitioner, G.W. Schamback, his successors or assigns, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities priortothe issuance of any local building permits or authorizations to com mence development activities on the property described in Part B. E. The approvals granted through this Resolution shall expire on August 21,2002, unless a building permit is obtained or an extension is granted in accordance with Section 10.01.06, St. Lucie County Land Development Code. File No.: SLR-01-001 August 21, 2001 Resolution 01-128 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 '-' 'wi F. The St. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of 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: Chairwoman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx Commissioner Cliff Barnes xxx PASSED AND DULY ADOPTED This 21 st Day of August 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney djm 01-128a(h) File No.: SLR-01-001 August 21 , 2001 Resolution 01-128 Page 3 .ff ~ [ ~.~ f\. ~L..i 8 Q. \J'Q o , 0 C.a. I.J ':.(:0. .,~ ~ :;.~ 'g!; 'Þ a a ~~"It.~~-g ",:ï '':t~5''::cQ,a.¡ ~ ;;~"'u'::~i'~.!~:t u:¡t.:zc:;,õ~...'Þ1.1-~~1Io., f' ~ ~ ~ i' .~ 5 : i l § ~ ~ .~ l) ~;, l~~ r~'''''~vuQ: ~ I ~ . I I Q:..':4J , I , I I I :::: ~ ~:I EÐ I I b~ \0. u:r ~ ~J ~ ~ ~ $: ;;) ct. ~ 0 ~ ~ !. .:\ lJ Q. Exhibit "An <: C) h: 9: ~ ~ C) / '" \ \ ¡ I iï ~ ø ~ ," /' æ ~p ¥ l; u '';..'! hJ u. t~ o ')0 'ü '''I ~ ~ ~ ð u 4.11 VI ,. u'vi ~ :~ f~ u ~n~-~ 0t' I: U "...,<If. 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I C , " ~ I . -I- , I I I J , , I , I, I I, -\¡'l -- --- - I.....,.."J'~ ~"a.r(' .." ¡l1·..,OJ &_ ., -...,,, 'OO'y.... JóJ4". ·-ct óJ,l;J{ 7 "Il',,,, '1S JrJO.,¡ :r \w 'G.\\!. SCHAMBÂCK D.D.S., r.c. ......, 3311 EVENTIDE PLACE SCHAMBACK RESIDENCE PHOTOGRAPH #1: SHOWS 4' FENCE-LEFT SIDE SCHAMBACK PROPERTY, RIGHT SIDE NEIGHBOR'S PROPERTY (NO EROSION CONTROL ON NEIGHBOR'S PROPERTY). PHOTOGRAPH #2: NEIGHBOR'S VACANT LOT- 3311 EVENTIDE (SCHAMBACK PROPERTY) IDENTICAL BEFORE LANDSCAPE AS DEPICTED IN PHOTOGRAPH #3 & #4 (LANDSCAPING PROVIDING EROSION CONTROL), PHOTOGRAPH #5: SHOWS NEIGHBOR'S ON SOUTH SIDE OF PROPERTY EXISTING 6' FENCE (WHICH RUNS TO THE END OF THE SEA WALL), PHOTOGRAPHS #6 & #7: SHOW NEIGHBOR'S PROPERTY TO THE SOUTH WITII FENCING TO SEA WALL AND SEA WALL ITSELF AS BARRŒR AROUND POLL. TIllS IS THE IDENTICAL SITUATION mAT WE ARE ASKING FOR IN OUR VARIANCE. PHOTOGRAPH #8: SHOWS 4' HIGH SEA WALL AT REAR OF SCHAMBACK PROPERTY, 821 EAST OCEAN BLVD., SUITE E . STUART, FLORIDA 34994 . (561) 283-4427 '-' "'wI \w ..., L} '-' ...., 7 '-" -...; ----- z ...Y:: A .0 ~I m ,-- ..0 0 õ E 0 ø 13 I 10:tS-~ .; w N i m ,-- . 0 . · 0 ~ .s::::. w y " ] I 0 ~ .~~ ~ a: ~ ~ · (f) · ~ 0- ....J Q ~ . . (, " (f) :0 (f) 1 \ . ø I! '" ... .. ... .. ... II: ç Z => ~ 0 ü Z ::J 0 QYOM :}rr l DoInI Ü CC w I > ! ëi: ':! '" ! ... z 5 ï= ='I :;¡ ! ., cc ... <C I GY~a~ .... .......3 ~ II: II: Z ::!; 0 M·3 '-> ~ S I'Í 1 S 55 1 ... ... ! .. ... ~ ¡ .. ... II: AlNnO::J 3380H::J33>10 \, I 'I- ----~._----_._-_._--"~._-~"---.--_.. -.-- '-' G.S. SchambaC'K SLR 01-001 W/b1 This. pattern indicates subject parcel 5ÞF ~~~.~~ t ., GJS¡ d.-:::>_--=- Map prepared June 26. 2001 fNI....,hM......~b'........""'-O.-d....--~<rit. N ....... -v"'" w...... kI ~... ......o.-.I.-d...".. ~~'__~IaI......IeO&IIWI:IA*'O~ ~ G.S. Schambac~ Zoning 18 36 45 U > ill f1 57 57A 44A 44 UJ V V U U :J 4/A 0 16 -.J CJ' ....; L- V (f] > 40 W 4/ Road /5 H /3 /2 14 /5 16 2 16 17 H /5 H 10 H 9 8 6 5 St. Lucie River 4 5 2 Lake af the Estates Britt Rood 6 2 SLR 01-001 W/¿/j This. pattern indicates subject parcel 5F"(~~~ t ~ <=>-':);:.. Map prepared June 26, 2001 N ~ IMP ... b-. anICIIed ...,.......... .... ...... ...,... OfiVo MWI-r.......,., INIIII to ~ NINllllCUNnlA'Id.... ~.......t"ftØt~too'__.lIgIIIrbnJMg~ '--"' G.S. Schambac~ Land Use l___ 18 36 45 3T 3TA 44A 44 ( ) (] 41A ::J /6 ....J ~ VJ 22A 40 41 Road 14 13 2 12 /6 « /5 St. Lucie River "0 > ill 14 UJ ( ) "0 o 0' L Q) > LJ 15 /6 10 9 4 2 Lake of the Estates Britt Rood 6 2 SLR 01-001 W/¿/1 j¡;Fh~~" ~ GJ§;¡ -d-=~'::=- t ~ N This pattern indicates subject parcel Map prepared June 26, 2001 R*.n.-p 11M...., ~ ."""""""".-.d -..nc. ~ onr. 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N("--,.....Noo,.....-oo ~,§ ~ ~!~ §~ ~ ~ §§ § §I¡§ §,§ § Noo r- V) N 00'00 N ~ ~'~ ~ ~'~ ~ ~ - ~""It"'Ct~"II:t"'l:t'"Ol:t"l:tv) ><NNNNNNNN ~~~~~~~~:i '-' -J AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 21,2001 7:00 P.M. G. W. SCHAMBACK, has petitioned St. Lucie County for a Variance from the provisions of Section 6.02.02(B)(2)(a), St. Lucie County Land Development Code - Shoreline Protection and for a Waiver from Section 8.00.05 (A) of the St. Lucie County Land Development Code - Fencing Requirements for the following described property: Location: 3311 Eventide Place, Stuart, Florida Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners August 6, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 10,2001. File No. SLR-01-001 '-" ....,; August 6, 200 1 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that G. W. SCHAMBACK has petitioned St. Lucie County for a Variance from the provisions of Section 6.02.02 and a waiver from Section 8.00.05(A) for the following described propeI1y: Location: 3311 Eventide Place, Stuart, Florida THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an 0ppoI1unity to be heard at that time. Written comments received in advance of the public hearing wÛl also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal . is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain, Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number SLR-0l-001. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS Vf~ ~~~ !/ftuJ Frannie Hutchinson, Chairwoman JOHN o. Of\UHN, DIstrict NO.1· DOUG COWARD, District No.2· PAULA A. lEWIS. Disrri<r No. J . FRANNIE HUTCHINSON. Districr No..4 . CLIFF OAI'\NES. DisrriCî No .5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce. FL :34982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical Services: (561) 462-155:3 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 · Fax: (561) 462-21:32 .,.....- To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-' ...." Agenda Request Item Number <. r Date: August 21, 2001 Consent Regular Public Hearing Leg. [ ] [ [ ] [ X ] Quasi-JD [ X ] Board of County Commissioners Community Development Consider Draft Resolution 01-127 which would grant the pe Ion of Bingo Emp Conditional Use Permit to allow a the operation of a Bingo Establishment (Commercial, General) Zoning District. Bingo Emporium, a Florida Registered For-Profit Corporation (Corp. Number P00000112706), has applied for a Conditional Use Permit to allow the operation of a bingo establishment at 8441 South U. S. #1. Bingo Emporium is seeking to establish this Conditional Use in several bays within the existing strip shopping center that is now referred to as the St. Lucie Palm Center. This small strip center is located on the west side of South US #1, at the intersection of South Mediterranean Avenue and South US #1, On January 18, 2000, the Board of County Commissioners, through Resolution 00-004, approved a Conditional Use Permit for the St. Francis of Assisi Catholic Foundation and Entertainment South, Inc. - a Non-Profit Corporation, to operate a bingo establishment in this same location. Because no zoning compliance was requested, or issued, within the prescribed time periods for that Conditional Use approval, those approvals granted under Resolution 00-004 expired on January 18, 2001, pursuant to Part C of that Resolution. In order to establish any new bingo operation at this location, the Board of County Commissioners must first approve a new conditional use permit. N/A On July 26, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing on this new proposed Conditional Use. At the public hearing on this matter, the SI. Lucie County Planning and Zoning Commission voted 5 to 0, with three members absent (Mr, Matthes, Mr. Merritt, and Mr. Grande), to recommend approval of this requested Conditional Use Permit, subject to the following condition: x. Pursuant to the provisions of Section 11.07.00 of the 51. Lucie County Land Development Code, the Board of County Commissioners reservas Iha right to revlaw the conditional use permit on a aeml-annual basis from the date of the approval of this resolution to ensure that adequate parking Is provided for the entire shopping center. If the Board of County Commissioners determlnas that parking required for Bingo Emporium, It successor s or assigns, Is creating capacity problems for the shopping center, the Board msy Impose restrictions on the hours of operation, or other limiting conditions as may be necessary 10 eliminate the determined problem or Issue. Staff Recommends approval of Draft Resolution 01-12 COMMISSION ACTION: 0[] APPROVED D DENIED D OTHER 5-0 County Attorney Originating Dept.: Finance: Douglas M, Anderson County Administrator Coordination! Signatur Mgt. & Budget: Other: Purchasing: Other: (AGEND579) '-' ....., Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Resolution 01-127 which would grant the petition of Bingo Emporium, for a Conditional Use Permit to allow a the operation of a Bingo Establishment in the CG (Commercial, General) Zoning District. (File Number: CU-01-003) Bingo Emporium, a Florida Registered For-Profit Corporation (Corp. Number P00000112706), has applied for a Conditional Use Permit to allow the operation of a bingo establishment at 8441 South U. S. #1. Bingo Emporium is seeking to establish this Conditional Use in several bays within the existing strip shopping center that is now referred to as the St. Lucie Palm Center. This small strip center is located on the west side of South US #1, at the intersection of South Mediterranean Avenue and South US #1. On January 18, 2000, the Board of County Commissioners, through Resolution 00-004, approved a Conditional Use Permit for the St. Francis of Assisi Catholic Foundation and Entertainment South, Inc. - a Non-Profit Corporation, to operate a bingo establishment in this same location. Because no zoning compliance was requested, or issued, within the prescribed time periods for that Conditional Use approval, those approvals granted under Resolution 00- 004 expired on January 18, 2001, pursuant to Part C of that Resolution. In order to establish any new bingo operation at this location, a new conditional use permit must first be approved by the Board of County Commissioners. On July 26, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing on this new proposed Conditional Use. At the public hearing on this matter, the St. Lucie County Planning and Zoning Commission voted 5 to 0, with three members absent (Mr. Matthes, Mr. Merritt, and Mr. Grande), to recommend approval of this requested Conditional Use Permit, subject to the following condition: X. Pursuant to the provisions of Section 11.07.00 of the 51. Lucie County Land Development Code, the Board of County Commissioners reserves the right to review the conditional use permit on a semi-annual basis from the date of the approval of this resolution to ensure that adequate parking is provided for the entire shopping center. If the Board of County Commissioners determines that parking required for Bingo Emporium, it successor s or assigns, is creating capacity problems for the shopping center, the Board may impose restrictions on the hours of operation, or other limiting conditions as may be necessary to eliminate the determined problem or issue. '-" ..., August 14, 2001 Page 2 Subject: Bingo Emporium/ Conditional Use Permit The above condition is consistent with the previous condition plàced on the St. Francis of Assisi petition that was acted upon in January 2000. This proposed conditional use permit has been determined to meet 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 St. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution 01-127, which, if approved, would grant this request for a Conditional Use Permit. Staff recommends approval of Draft Resolution 01-127. SUBMITTED: DJMI bingoemporium 1 (h) cc: County Administrator County Attorney Walter Hannon 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 W' ...., RESOLUTION 01-127 FILE NO.: CU-01-003 A RESOLUTION FOR A CONDITIONAL USE PERMIT TO ALLOW A BINGO ESTABLISHMENT IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staffreport, has made the following determ ¡nations: 1. Bingo Emoorium, presented a petitionforaGonditionalUsePermit to allow the operation of a bingo establishmentinthe CG (Commercial, General) Zoning District for the property described below. 2. On July 26,2001, the SLLucie County Planning and Zoning Commission held a public hearingonthe petition, after publishing notice at least 10 days prior to the hearingandnotifying by mail all oWners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereinafter described request for a Conditional Use PermitintheCG (Commercia.!, General) Zoning Districtforthe property described below. 3. On Au9l,lst 21, 20Ql,this Board held a public hearing on the petition, after pUblishibg a notice of such hearing and notifying by mail all owners of propertywithin 500 feet of the subject property. 4. The proposed Conditional Use is consistent with the goals, objectives, and policies oftheSt. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.07.03 of the 81. Lucie County Land Development Code. 5. 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. 6. The proposed project will be serviced by adequate public facilities and services. File No.: MH-01-004 August 21,2001 Resolution 00-130 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 '-' ....., 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on August 21,2001. 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 Bingo Emporium to allow theoperation of a bingo establishment in the CG (Commercial, General) ZoningDistrict is granted for that portion of the property described in Part Bbelow, subject to the following condition: 1. Pursuantto the provisions of Section 11.07.00 ofthe St. Lucie County Land Development Code, the Board of County Commissioners reserves the right to review this condltlonaFuse permit ,on a semi- annual basis from the date ofthe approval ofthls resolutión10 ensure that adequate parking is providedfórthe entire shopping center. If the Board of CountyCommlssiOl1érsdetermines that parking required for Bingo Emporium, It successors or assigns, is creating capacity problems for the shopping center, the Board may Impose restrictions on the hours of operation, or other limiting conditions as may be necessary to eliminate the determined problem or issue. B. The property on which this Conditional Use Permit is being granted is described as folloWs: A PORTION OFTHE FOLLOWING DESCRIBED PARCELS: PARCEL A; THAT PORTION OF LOTS5,.6,AND 7 OF BLOCK 3, SECTION 26, TOWNSHIP 36 SOUTH, RANGE40 EAST, PLATNO~10F ST. LUCIE GARDENS AS RECORDED IN PLAT BOOK 1 ,AT PAGE 35 OF THE PUBUC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AS DESCRIBED AS FOLLOWS: BEGINATTHE POINT OF INTERSECTION OFTHE WESTERLY RIGHT OF WAY LINE OF FLORIDASTATE ROAD NO.5 (U.S. 1) AND THE NORTH LINE OF SAID LOT 6; THENCE SOUTH 27°31'40· EAST ALONG SAID WESTERLY RIGHT OF WAY LINE OF FLORIDA STATE ROAD NO. 5 (U.S. 1) FOR 465.00 FEET THENCE SOUTH 62°28'20. WEST FOR 350.00 FEET; THENCE NORTH 27°31 '40" WEST FOR 589.71 FEET; THENCE NORTH 00°00'19" EAST ALONGALINE PARALLEL TO THE WEST LlNEOFSAID LOT 6 FOR 79.73 FEETTOA POINT OF INTERSECTION ON THE NORTH UNE OF SAID LOT 6, THENCE SOUTH 89°42'28" EAST ALONG THE NORTH UNE OF SAID LOT 6 FOR 368.77 FEET TO THE POINT OF BEGINNING. SUBJECTTO THE NORTH 16 FEET ANDTHESOUTHEASTERLY30 FEET FOR ROAD, UTILITY AND DRAINAGE PURPOSES. PARCEL B-1; THAT PORTION OF LOTS 5, 6, AND 7 OF BLOCK 3, SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, PLAT NO.1 OF ST. LUCIE GARDENS AS RECORDED IN PLAT BOOK 1, AT File No.: MH-01-004 August 21, 2001 Resolution 00-130 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 '-" ....., PAGE 35 OFTHE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE ATTHE POINT OF INTERSECTION OFTHE WESTERLY RIGHT OF WAY OF STATE ROAD NO.5 (U.S. 1) AND THE NORTH LINE OF SAID LOT 6, THENCE NORTH 89°42'48" WEST ALONG THE NORTH LINE OF LOT 6, 358.77 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°42'28" WEST ALONG AFORESAID LINE 60.00 FEET; THENCE SOUTH 00°00'19" WEST, 230.00 FEET; THENCE SOUTH 89°59'41 " EAST 142.87 FEET; THENCE NORTH 27°31'40" WEST 179.27 FEET; THENCE NORTH 00°00'10" EAST 70.73 FEET TO THE POINT OF BEGINNING. LESS THE NORTH TWENTY (20) FEET OF THE ABOVE DESCRIBED PARCELS. (TAX ID#: PART OF 3414-501-1905-050/4) (Specific site address for the requested conditional use: 8441 South U.S. Highway No.1) C. This Conditional Use Permit approval shall expire on August 21,2002, unless a zoning compliance is obtained oranextension is granted in accordance with Section 11.02.06(B)(3), St.<l.ucieCounty Land Development Code. D. The Conditional Use Permit approval grantad under this Resolution is specifically conditionedto the requirerneQt1f1ªtthe petitioner, Bingo Emporium, including any successorsirrihterest, shall obtain all necessary permits and authorizations frorrlthe appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits orauthorizatigQstocol1lmence development activities on the propertydescribedinPärtB. E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid forthe period of Conditional Use approval. ShouIdthe Conditional Use approval granted by this resolution expire oranexteqsion be sought pursuant to Section 11.07.05(F) of the St. Lucie GouhtyLand Development Code, a new certificate of capacity shall be required. F. The St. Lucie County Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of 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: Chairwoman Frannie Hutchinson xxx File No.: MH-01-004 August 21, 2001 Resolution 00-130 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 "-' Vice-Chairman Doug Coward Commissioner Paula A. Lewis Commissioner John D. Bruhn Commissioner Cliff Barnes ..., xxx xxx xxx xxx PASSED AND DULY ADOPTED This 21st Day of August 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ATTEST: DJM 00-127(h) File No.: MH-01-004 August 21, 2001 Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 00-130 Page 4 '-" 'wII AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 21,2001 7:00 P.M. BINGO EMPORIUM, has petitioned St. Lucie County for a Conditional Use Pennit to allow a Bingo Establishment in the CG (Commercial, General) Zoning District for the following described property: Location: 8441 South U.S. Highway No.1 (Palm Plaza) Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners August 6, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 10, 2001. File No. CU-01-003 '-'" August 6, 200 I 'w( BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that Bingo Emporium has petitioned St. Lucie County for a Conditional Use permit to allow a Bingo Establishment in the CG (Commercial, General) Zoning District. Location: 8441 South V.S Highway #1 (Saint Lucie Palm Center). THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 2300 Virginia A venue, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing, County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number CU-OI-003. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~ t/;1v0 %vft(Vf/1vf/7V- IMtr/ FrannIe HutchInson, Chairwoman JOHN D, O~UHN, DIStrict No, 1 . DOUG COWARD, Disrricr No, 2 . PAULA A, lEWIS. DiStrict No, J . FRANNIE HUTCHINSON. DlStricr No 4 . CLIFF ßA~NES, DIStrict No, S Counry Adminisrroror - Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce, FL J4982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISrrechnical Services: (561) 462-155J Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fax: (561) 462-21J2 '-' ...., AGENDA ITEM 3: Bingo Emporium - File No. CU-OI-003 Mr. Kelly asked that since there was no representative for the petitioner at the hearing, could we move Agenda Item 3 to last to allow them time to appear? Chairman McCurdy asked the Board & they unanimously agreed. NOTE: Agenda item # 4 - Century 2l - PNRD, was heard during this time. The minutes have been adjusted for clarity. At 8:00 p.m. Chairman McCurdy reopened the Public Hearing for this petition. Staff Planner, Hank Flores stated that Agenda Item 3 was the petition for a Conditional Use Permit to allow a Bingo Establishment in the CG (Commercial, General) Zoning District for the property located at 8441 South U.S, Highway No. 1. The applicant. Bingo Emporium, has applied for the requested conditional use in order to establish a non- profit bingo parlor with approximately 9,000 square feet of playing area. Bingo establishments are allowed as a conditional use in this zoning district upon approval of the Board of County Commissioners. On January 18, 2000, the Board of County Commissioners. through Resolution 00-004, approved a conditional use permit for St. Francis of Assisi Catholic Foundation and Entertainment South, me. - a Non-Profit Corporation to operate a bingo establishment in the same location. No bingo operation was ever established and the conditional use permit has expired. In order to reactivate the bingo establishment, a new conditional use permit must be approved. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, with the following condition: The Board of County Commissioners shall reserve the right to review the conditional use permit on a semi-annual basis to ensure that the proposed project will not have an undue, adverse effect on traffic conditions and parking for the entire shopping center. If the Board of County Commissioners determines that parking required for Bingo Emporium is creating capacity problems for the shopping center, the Board may impose restrictions on the hours of operation. Chairman McCurdy asked if the Board had any questions for the staff. Hearing none, Chairman McCurdy then asked for comments from the petitioner or their representative. Neither was present at this time. Mr. Kelly suggested that even though the petitioner was not present, since this is a renewal of a previously approved (but not used) Conditional Use. that the Board considers its approval. Chairman McCurdy asked the Board if this was acceptable and they unanimously agreed. Chairman McCurdy opened the Public Hearing. No responses. Chairman McCurdy closed the Public Hearing. Mr. Hearn stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, 8t Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Bingo Emporium for a Conditional Use Permit to allow a bingo establishment in the CG (Commercial, General) Zoning District, with the stipulated conditions regarding traffic and parking. Motion seconded by Mr. Jones. July 26,2001 P & Z Meeting Page 5 '-" 'w!I Upon a roll call vote the motion passed unanimously (with a vote of 6-0) for recommendation to forward to the County Commissioners for approval. July 26, 2001 P & Z Meeting Page 6 '-' -.....I PLANNING AND ZONING COMMISSION REVIEW: 07/26/01 File Number CU-O 1-003/CU-99-009 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission "I Planning Manager \\\~ . FROM: DATE: July 18, 200 I SUBJECT: Application of Bingo Emporium, for a Conditional Use Permit to allow a Bingo Establishment in the CG (Commercial, General) Zoning District. LOCATION: 8441 South U.S. Highway No.1. (Formerly the location of a Furniture Store in the south end of Palm Plaza) ZONING DESIGNATION: CG (Commercial, General) LAND USE DESIGNATION: COM (Commercial) PARCEL SIZE: Approximately 9,000 square feet of playing area PROPOSED USE: Bingo Establishment SURROUNDING ZONING: The subject property is surrounded by the CG (Commercial, General) Zoning District. SURROUNDING LAND USES: The subject property is surrounded by the COM (Commercial) Future Land Use Classification. The general use of the surrounding property is commercial retail. FIRE/EMS PROTECTION: Station #12 (Walton Road) is located approximately 1 mile to the south of the subject property. UTILITY SERVICE: Utility service is provided by Port St. Lucie Utilities. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South U.S. Highway No. r is 200 feet. '- 'wi July 18, 2001 Page 2 Petition: Bingo Emporium File No.: CU-OI-003/CU-99-009 SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed conditional use, the Planning ana 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. Section 3.01.030(7), CG (Commercial, General) Zoning District, allows bingo establishments as a conditional use with Board of County Commission approval. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The subject property is located in a commercial area. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. Prior to any site plan approvals, the applicant must demonstrate that the project will be served by adequate facilities. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The proposed use is within an existing building and was '-' "WI July 18,2001 Page 3 Petition: Bingo Emporium File No.: CU-OI-003/CU-99-009 formerly the location of a furniture store, The proposed bingo establishment must comply with all local, state, and federal regulations concerning its development and operation. COMMENTS The applicant, Bingo Emporium, has applied for the requested conditional use in order to establish a non-profit bingo parlor. Bingo establishments are allowed as a conditional use in this zoning district upon approval of the Board of County Commissioners. On January 18, 2000, the Board of County Commissioners, through Resolution 00-004, approved a conditional use permit for St. Francis of Assisi Catholic Foundation and Entertainment South, Inc. - a Non-Profit Cõrporation to operate a bingo establishment in the same location. No bingo operation was established and the conditional use permit has expired. In order to reactivate the bingo establishment, a new conditional use permit must be approved. Staff finds that this 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 St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, with the following condition: The Board of County Commissioners shall reserve the right to review the conditional use permit on a semi-annual basis to ensure that the proposed project will not have an undue, adverse effect on traffic conditions and parking for the entire shopping center. If the Board of County Commissioners determines that parking required for Bingo Emporium is creating capacity problems for the shopping center, the Board may impose restrictions on the hours of operation. Please contact this office if you have any questions on this matter. Attachment hf cc: Walter Hannon File ...... ' Suggested motion to recommend approval/denial of this requested~nditional use. 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 PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF BINGO EMPORIUM FOR A CONDITIONAL USE PERMIT TO ALLOW A BINGO ESTABLISHMENT IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE ... [LIST CONDITION(S)] 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 PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF BINGO EMPORIUM FOR A CONDITIONAL USE PERMIT TO ALLOW A BINGO ESTABLISHMENT IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT, BECAUSE ... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] "-' '-' ( (( Section 3.01.03 Zoning District Use Regulations S. CG COMMERCIAL, GENERAL 1, Purpose The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise. vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8), The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. AdjustmenUcollection & credit reporting services (732) b. Advertising (731) c. Amphitheaters (999) d, Amusements & recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors (79) e, Apparel & accessory stores (56) f. Automobile dealers (55) g. Automotive rental, repairs & servo (except body repairs) (751.753.754) h. Beauty and barber services (7231724) i. Building materials, hardware and garden supply (52) j. Cleaning services 7349) k, Commercial printing (999) I. Communications - except towers (48) m. Computer programming, data processing & other computer servo (737) n, Contract construction servo (office & interior storage only) (15116117) O. Cultural activities and nature exhibitions (999) p. Duplicating, mailing, commercial art/photo. & stenog. servo (733) q. Eating places (581) r. Educational services - except public schools (82) s. Engineering, accounting, research, management & related services (87) I. Equipment rental and leasing services (735) u. Executive, legislative. and judicial functions (91/921931901/95/96197) v. Farm labor and management services (076) w. Financial, insurance, and real estate (6OI611!;2I631!W65167) x. Food stores (54) y, Funeral and crematory services (726) z. Gasoline service stations (5541) aa. General merchandise stores (53) bb. Health services (80) cc, Home furniture and furnishings (57) dd, Landscape & horticultural services (078) ee, Laundry, cleaning and garment services (721) ff. Membership organizations - except for religious organizations as provided in Section 8.02.01 (H) of this code (86) gg, Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) Adopted August 1. 1990 118 Revised Through 08101/00 '- '" c Section 3.01.03 Zoning District Use Regulations ¡ \ ( 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00, 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Adult establishments subject to requirements of Sec. 7.10.10. (999) b, Drinking places (alcoholic beverages) - free-standing. (5ð13) c. Disinfecting & pest control services. (7342 d. Amusement parks. (1996) e. Go-cart tracks. (1-) f, Hotels & motels. (101) g. Household goods warehousing and storage-mini-warehouses (_I h, Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (753) j, Sporting and recreational camps. (7032) k, Retail trade: (1) Liquor stores. (592) k. Stadiums, arenas, and race tracks. (794) I. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a, Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on-site security purposes). c. Retail trade: (1) Undistílled alcoholic beverages (accessory to retail sale of food). Adopted August 1. 1990 120 Revised Through 08101/00 ,... '" ---- z E ~ ::J (Y) 10.- 0 0 c 0 ¡¡ 0... ... w I ! 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'" '" J,J, NN ,. ,. M:M M M ¡i¡i .c.c u u ~~ c c o 0 ë E ð'ð' "'''' 88 MM U U v; v; '" '" ::I ::I "'''' -5,-5, 1:: "C .o.c 88 ~~ ~~ N N " " :J:J ~ ~ c c ~~ e e :f:f u ~ 'õ 'ü ~ ~ .J.J ri5ri5 ~~~ ~~~ -..t->6 ~~~ ~~~ ..¡ -'..0 ~.... ",8 ~- ~~ ~~.. ~~~ M o N '" J, ~ M M 'WI ¡i .~ ~ ~ -< "0 C ~, ~, ~ '" ~ "" ~, e- o U '" "0 ¡¡; ê >. ~ ~ ~ ,..¡ N ~ :3 vi .... N ~ o !:: ~ ... ;; '" ~ / To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-' 'wi! Agenda Request 15-0r August 21, 2001 Item Number Date: Consent Regular Public Hearing Leg, [ ] [ [ ] [ X ) Quasi-JD [ X ] Board of County Commissioners Community Development rector Consider Draft Resolution 01-126. which would grant the petition. ew Horizons of th Treasure Coast for a Conditional Use Penn it to allow for the expansion of certain administrative support perations for the existing New Horizons of the Treasure Coast Mental Health Facilities in the I (Institutional) oning District. New Horizons of the Treasure Coast, has acquired additional properties east of their current facilities at 4500 West Midway Road, southwest of Ft. Pierce. The subject property was rezoned by this Board to the I (Institutional) Zoning District on April 4, 200, through Resolution 00-008. New Horizons is now seeking to expand their administrative office operations from their current facility into a rehabilitated home found on this parcel. Mental Health facilities (classified under "medical and other health services" in the Land Development Code), and their administrative support operations, are allowed as Conditional Uses in the I (Institutional) Zoning District The Conditional Use Pennit that is being submitted for review at this time deals only with the Administrative Support Services Expansion, No other expansion of the New Horizon facility is being authorized under this review until a new Major Adjustment to this Conditional Use, and the previous Conditional Use Pennit that was granted under Resolution 95-009, has been approved by the Board of County Commissioners. N/A On July 26, 2001, the SI. Lucie County Planning and Zoning Commission voted 5 to 0, with three members absent (Mr, Matthes, Mr, Merritt, and Mr. Grande), to recommend approval of this requested Conditional Use Pennl!, Staff recommends approval of Draft Resolution 01-126, subject to the following conditions: 1. The use of the subject property shall be limited to office space use only for the operations of New Horizons of the Treasure Coast. 2. Prior to any application for any additional buildings or other site modifications on this property, other then interior renovations to the existing home, New Horizons of the Treasure Coast, Its successor and assigns shall convey to the County, the south 40 feet of the parcel described in Part B below, for future road right-of-way purposes of West Midway Road. All dedications shall be in a manner and fonn acceptable to the SI. Lucie County Attorney. ' 3. No new or improved driveway connections to West Midway Road shall be pennitted from the property described in Part B below, until the above referenced right-of-way dedications have been completed. 4, Prior to the issuance of any Certificate of Occupancy or Use Authorization for this new administrative office facility, the rehabilitated home, the chain link fence required under Condition Number 3 of Resolution 95-009, shall be relocated to the eastern side of the parcel described in Part B below, COMMISSION ACTION: [J[J APPROVED CJ DENIED D OTHER 5-0 County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND580) ''-"' '" Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Resolution 01-126, which would grant the petition of New Horizons of the Treasure Coast for a Conditional Use Permit to allow for the expansion of certain administrative support operations for the existing New Horizons of the Treasure Coast Mental Health Facilities in the I (Institutional) Zoning District. (File No. CU-01-004) New Horizons of the Treasure Coast, has acquired additional properties east of their current fªcilities at 4500 West Midway Road, southwest of Ft. Pierce. The subject property was rezoned by this Board to the I (Institutional) Zoning District on April 4, 200, through Resolution 00-008. New Horizons is now seeking to expand their administrative office operations from their current facility into a rehabilitated home found on this parcel. Mental Health facilities (classified under "medical and other health services" in the Land Development Code), and their administrative support operations, are allowed as Conditional Uses in the I (Institutional) Zoning District The Conditional Use Permit that is being submitted for review at this time deals only with the Administrative Support Services Expansion. No other expansion of the New Horizon facility is being authorized under this review until a new Major Adjustment to this Conditional Use, and the previous Conditional Use Permit that was granted under Resolution 95-009, has been approved by the Board of County Commissioners. On July 26, 2001, the St. Lucie County Planning and Zoning Commission held a public hearing on this proposed Conditional Use. At the public hearing on this matter, the St. Lucie County Planning and Zoning Commission voted 5 to 0, with three members absent (Mr. Matthes, Mr. Merritt, and Mr. Grande), to recommend approval of this requested Conditional Use Permit. This proposed conditional use permit has been determined to meet 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 St. Lucie County Comprehensive Plan. Staff recommends approval of Draft Resolution 01-126, subject to the following conditions: 1. The use of the subject property shall be limited to office space use only for the operations of New Horizons of the Treasure Coast. '-" '" August 14, 2001 Page 2 Subject: New Horizons! Conditional Use Permit 2. Prior to any application for any additional buildings or other site modifications on this property, other then interior renovations to the existing home, New Horizons of the Treasure Coast, its successor and assigns shall convey to the County, the south 40 feet of the parcel described in Part B below, for future road right-of-way purposes of West Midway Road. All dedications shall be in a manner and form acceptable to the St. Lucie County Attorney. 3. No new or improved driveway connections to West Midway Road shall be permitted from the property described in Part B below, until the above referenced right-of-way dedications have been completed. 4. Prior to the issuance of any Certificate of Occupancy or Use Authorization for this new administrative office facility, the rehabilitated home, the chain link fence required under Condition Number 3 of Resolution 95-009, shall be relocated to the eastern side of the parcel described in Part B below. If you have any questions, please let us know. SUBMITTED: CP evelopment Director DJMI newhorizons1 (h) cc; County Administrator County Attorney M.L. Silberman 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 '-' '" RESOLUTION 01-126 FILE NO.: CU-01-o031CU-99-009 A RESOLUTION FOR A CONDITIONAL USE PERMIT TO ALLOW MENTAL HEALTH FACILITIES (MEDICAL AND OTHER HEALTH SERVICES) IN THE I (INSTITUTIONAL) ZONING DISTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of StLucie County, Florida, based on the testimony and evidence, including, but not limited to thestaftreport, has made the following determinations: 1. New Horizons of the Treasure Coast, presented a petitionfor a Conditional Use Permit to allow for an expansionotthe existing administrative office operations for the New Horizonsméntãlhealthfacilities (medical and other health services) in the I (Institutionäl) Zoning District for the property described in Part B below. 2. On July 26,2001, the St. Lucie County Planning and Zoning Commission held a public hearingon the petition, afterpublishing notice at least 10 days prior to the hearing and notifyingby mailallówners of property within 500 feet of the subjectproperty, andre¢(jmmended that the Board of County Commissiollersapprovethehereinafterdescribed request for a Conditional UsePermitIhthé I (Institutional) Zoning District for the property described in PartS. below. 3. On Augusf21 ,2001 ,thisBoard held a public hearing on the petition, after publishingamøtice of such hearing and notifying by mail all owners of propertywitþin500 feet of the subject property. 4. The proposedConditional 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. 5. 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. File No.: CU-01-004 August 21, 2001 Resolution 01-126 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 ~ '" 6. The proposed project will be serviced by adequate public facilities and services. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on August 21,2001. 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 New Horizons of the Treasure Coast to allow for the expansion of certain administrative support operations for the existing New Horizons of the Treasure Coast Mental Health Facilities in the I (Institutional) Zoning District is granted for theproperty described in Part B below, subject to the following condition: 1. The use of the subject propertYs~all be limited to office space use only for the operations of NewHorizons of the Trea.sure Coast. 2. Prior to any application for any additional buildings or other site modifications on this property,othertherlinterior renovations to the existing home, New Horizons of the Treasure Coast, its successor and assigns shall convey to the County, the south 40 feet of the parcel described in Part B below, for future road right-of-way purposes of West Midway Hoad.All dedications shall be in a manner and form acceptable toAheSt.Lucie County Attorney. No new or improved driveway connections to West Midway Road shall be permitted from the property described in Part B below, until the above referenced right-of-way dedications have been completed. 4. Prior to the issuance of any Certificate of Occupancy or Use Aut~orization for this new administrative office facility, the rehãbHitated home, the chain link fence required under Condition Number3 of Resolution 95-009, shall be relocated to the eastern side of the parcel described in Part B below. The property on which this Conditional Use Permit is being granted is described as follows: MODEL LAND COMPANY SUBDIVISION OF SECTION 6, TOWNSHIP 36 SOUTH, RANGE 40 EAST, LOT 13 IN THE NORTHEAST 1/4, LESS File No.: CU-01-004 August 21, 2001 Resolution 01-126 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 ,-,. ....., A STRIP OF LAND FOR ROAD RIGHT-OF-WAY ON THE SOUTH 63.7 FEET ON THE WEST END AND 64.03 FEET ON THE EAST END, ST. LUCIE COUNTY, FLORIDA. (Tax ID#: 3406-501-0020-000/9) (Location: 4500 West Midway Road) C. This Conditional Use Permit approval shall expire on August21 ,2002, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land DevelopmentCode. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, New Horizons of the Treasure Coast, including any successors in interest, shall obtain all necessary permits and authorizations frol1lthe appropriäte Local, State, añd 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, shall remain valid for theþeriod of Conditional Use approval. Should the Conditional Use approYalgranted by this resolution expire or an extension be sought pursuant to/$ection 1t.07.05(F)of the S1. Lucie County Land Development Code, a new certificate of capacity shall be required. F. The S1. Lucie county Communitypevelopment 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 dåteofadoption of this resolution. After motion and second, the vote onthis resolution was as follows: Chairwoman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx Commissioner Cliff Barnes xxx File No,: GU-01-004 August 21, 2001 Resolution 01-126 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 ,-,. '" PASSED AND DULY ADOPTED This 2151 Day of August 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney DJM 01-126(h) File No,: CU-01-004 August 21, 2001 Resolution 01-126 Page 4 '-' '" AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 21,2001 7:00 P.M. NEW HORIZONS OF THE TREASURE COAST, has petitioned St. Lucie County for a Major Adjustment to an existing Conditional Use Permit to allow mental health facilities in the I (Institutional) Zoning District for the following described property: Location: 4500 West Midway Road, Fort Pierce, Florida Please note that all proceedings before the Local Planning Agency are electronically 'recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners August 6, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 10,2001. File No. CU-01-004 '-" ~ August 6,2001 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that New Horizons of the Treasure Coast has petitioned St. Lucie County for a major adjustment to an Existing Conditional Use to allow mental health facilities in the I (Institutional) Zoning District. Location: 4500 West Midway Road THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petiJion will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing. or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing. he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary. a public hearing may be continued to a date-certain, Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 5611462-1582 if you have any questions. and refer to: File Number CU-OI-004. S incerel y , ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 1L~ ~ /7?flu-J Frannie Hutchinson. Chairwoman JOHN D ßI\UHN, Di"'io No, 1 . DOUG COWAI\D, DIStrict No, 2 . PAULA A, LEWIS, Distrio No, J . mANNIE HUTCHINSON, D,sHier No d . CLIFF OAI\NES, DisrticrNo 5 County Adminisrraror - Douglas M_ Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Admlnisrration: (561) 462-1590 . Planning: (561) 462-2822 . GISrrechnicol Services: (561) 462-1553 Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fox: (561) 462-2132 '-' '-' AGENDA ITEM 2: New Horizons of the Treasure Coast - File No. CU-01-004 Staff Planner, Hank Flores stated that Agenda Item 2 was the Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Pennit to allow mental health facilities (medical and other health services) in the I (Institutional) Zoning District for 9.06 acres of property located at 4500 West Midway Road. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation for approval. No special conditions have been recommended, Chairman McCurdy asked the Board if there were any questions for staff. Hearing none, Chairman McCurdy then asked if the petitioner was present. Margie Silberman, CEO for New Horizons of the Treasure Coast stated that they were requesting a Major Adjustment to an Existing Conditional Use Permit, as stated previously by Mr. Flores, so that they may make renovations to an existing house on the property. This house will be utilized as offices for their staff. Chairman McCurdy asked if there were any questions for the petitioner from the Board. The Board responded in the negative. Chairman McCurdy opened the Public Hearing. Cindy Cooper, a nearby resident, stated that a New Horizons staff member told her that the home was going to be used as part of the mental facility. Chairman McCurdy requested that the applicant clarify the use of the property. Ms. Silberman reiterated that New Horizons plans to use the home for their office staff only. Mr. Lounds asked Mr. Kelly if they did decide to use the home as part of their mental facility, did they have to submit a new application? Mr. Kelly confirmed that they would have to submit a new petition for a Major Adjustment to an Existing Conditional Use Pennit. Mr. Flores also confirmed this information. Mr. Lounds reconfirmed what he had understood from Mr. Kelly and Mr. Flores. Chairman McCurdy then asked again if there was anyone else present who wished to address the Board regarding this matter? Hearing none, Chairman McCurdy closed the Public Hearing. Chairman McCurdy returned to the Board and asked if there were questions for staff or the applicant. Seeing none, he requested a motion. Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Permit to allow mental health services in the I (Institutional) Zoning District because the use was consistent with the existing facility operations. Motion seconded by Mr. Akins. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) for recommendation to forward to the County Commissioners for approval. July 26, 2001 P & Z Meeting Page 4 '-' '" . PLANNING AND ZONING COMMISSION REVIEW: 07/26/01 File Number CU-OI-004 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission Planning Manager C{\v July 18, 2001 FROM: DATE: SUBJECT: Application of New Horizons of the Treasure Coast for.-a Major Adjustment to an Existing Conditional Use Pennit to allow mental health facilities (medical and other health services) in the I (Institutional) Zoning District. LOCATION: 4500 West Midway Road ZONING DESIGNATION: I (Institutional) LAND USE DESIGNATION: RS (Residential Suburban) PARCEL SIZE: 9.06 acres PROPOSED USE: Mental Health Facility (medical and other health services) SURROUNDING ZONING: I (Institutional) is located to the west. AR-l (Agricultural, Residential- I du/acre) is located to the north and east. The properties south of Midway Road are within the city limits of Port. St. Lucie with an RS-2 (Residential, Single-Family 2 du/acre) Zoning Designation. SURROUNDING LAND USES: The existing land use surrounding the subject property is developed into institutional uses and some residential homes. The Sheriffs Office and Post Office are located to the west, as well as, the existing New Horizons facility. FIREÆMS PROTECTION: Station #6 (350 East Midway Road) is located approximately 3 miles to the east. ~ ,..." July 18,2001 Page 2 Petition: New Horizons of the Treasure Coast File No.: CU-OI-004 UTILITY SERVICE: Water and sewer service will be provided by the Ft. Pierce Utilities Authority (FPUA). TRANSPORT A TION IMP ACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for West Midway Road is 80 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.07.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for 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. Section 3.01.03(X)(7), I (Institutional) Zoning District, allows mental health facilities (medical and other health services) as conditional uses with Board of County Commission approval. 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. Adequate public facilities for this use are available. The proposed conditional use is in conjunction with the existing New Horizons facility located directly to the west. The subject property will be used as additional office space for the existing office facility. '-' '" July 18, 2001 Page 3 Petition: New Horizons of the Treasure Coast File No.: CU-OI-004 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. The single-family home, located on the subject property will be converted to commercial uses. No other structures are planned at this time. 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create adverse impacts on the natural environment. The existing structure complies with all local, state, and federal regulations concerning its development and operation. COMMENTS The applicant, New Horizons of the Treasure Coast, has applied for the requested major adjustment to an existing conditional use in order to use the subject property as an office for their existing operations located directly to the west of the subject property. Mental health facilities (medical and other health services) are allowed as a conditional use in this zoning district upon approval of the Board of County Commissioners. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 ofthe St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies ofthe S1. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. No special conditions have been recommended. Please contact this office if you have any questions on this matter. Attachment hf cc: M.L. Silberman J.P. "Butch" Terpening. File ~ '" Suggested motion to recommend approval/denial of this requested conditional use. 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 TIlE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF NEW HORIZONS OF THE TREASURE COAST, FORA CONDmONAL USE PERMIT TO ALLOW MENTAL HEALTH SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] 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 PLANNING AND ZONING COMMISSION RECOMMEND THAT THE st. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE·APPLICATION OF NEW HORIZONS OF THE TREASURE COAST, FOR A CONDITIONAL USE PERMIT TO ALLOW MENTAL HEALTH SERVICES IN THE I (INSTITUTIONAL) ZONING DISTRICT... ACCESSORIES IN THE AG-l (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT, BECAUSE... [LIST CONDITION(S)] '"" 'w!I Section 3.01.03 Zoning District Use Regulations (' " ( x. L LNSTITUTIONAL 1. Purpose The purpose of this district is to provide and protect and environment suitable for institutional, public, and quasi-public uses, together with such other uses as may be compatible with institutional, public, and quasi-public surroundings. The number in ·0· following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code, 2. Permitted Uses a. Community residential homes subject to the provisions of Section 7.10.07. (999) b. Family day care homes. (999) c. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Institutional residential homes. (999) e. Parks. (999) f. Police & fire protection (9221.9224) g, Recreational activities. (999) h. Religious organizations (866) 3, Lot Size Requirements Lot size requirements shall be in accordance with Section 7_04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04,00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a, b. c, d. e. f. g, Amphitheaters. (999) Cemeteries. (6553) Membership organizations (86) Correctional institutions. (9223) Cultural activities and nature exhibitions. (999) Educational services and facilities (82) Executive, legislative, and judicial functions. (91,92,93.94,95.96,97) k Adopted August 1, 1990 132 Revised Through 06101/00 I' +-' (f) cD 0 (f) 0 c 0 ill N l..- I..- =:J 0 (f) IcD ill I...... 51- ill ill Z...c:: +-' Y- o -~,~,-_._--- --------- -- '-' "'" "Í'""Í'" 00 00 I.l- 50 :=)0 026 " ~ z ~ a 0 ~ u ,.: i " ~. ~ ~ U '~j~ ~ ¡ \ (9' ~ < ~ 0 ~ ~ ~ ~. . 0 ~ ~ (. () (. ~ ' i t :1 ... .. "' "' ... It: It: ~ Z :J Ç: 0 ü Z Ø..OIII....,ç ::J 0 Q"~ :»11 }:)H,.H Ü II: ~ i ! II: I ... ã ... z ¡::: .. .. II: "' ... ~ I ..... OD<Ç ..... IGt'Vt, It: It: Z « 0 "., ~ ~ S K ! S ~[ L ... ... . . .. ... ~ i .. ... It: AlN008 3380H833>10 , ' . --- A Petition of New I:¥, )flS of the Treasure Coast for,-, ¡ajar Adjustment to an Existing Conditional Us!:: in the I Zoning District. " 6 19.07 h; 19.06 h::. <:J 0 0 0::: Road N +-' > - Q) U1 23.56 Ai: « 12 H IS /6 -- '-0 ~l o o a::: .- '." N .... 2 Q (f) . . . . .. . '.: -:.: ":-: -:-:.. :. '.: -:.: ":-: -:- :'.'. :".'. :..".:.- CU 01-004 & r////1This ~ ...' .... ''''ª . "-,' '-,' '-,' Th S -:; ,_' -:; ,_. ':- ._' '- I Bce 01-004 5ìT h~~~~ ! ~ ""~':=... Map p<ep"'ed Jme 26,:lOO1 ===:Ë=r="'?:.:.:::::=~ N pattern pattern indicates subject parcel indicates City of Port St. Lucie ~- ---."-- Land Use I I I I I . I I I 19_01 Iv:. I I I I I I I I I I I I I New 'f-'.Jrizons of the Treasu~ Coast s 19.06 k I I I I I ¡ I I I I I I I I I I v o o ct: Rood I I I I I I I 2J.56 Iv:. I I I I I I I . I 12 I I I I I I I I I I I I I I I N +-' > Q) (j) H IS ( , ( I 16 I I CÖM I I I I I I PORT ST.lUCIE aTY lll.llTS N ~ > ( ) (f1 : '.:: '.::".::'.:: '.:: '-:: '. :: '.::".::".:: -.::".::. ..: A:. . . . .. ..... CU 01-004 & BCC 01-004 V / / /i This pattern indicates subject parcel t~~~:::/~::.~~J This pattern indicates City of Port S1. Lucie .Qr þ.~ ~~ f GJ.0 ~ 2."),.. Map ",epared June 26, 200t =::...---:..-::--...::---~-==:."::.- N -.............--..-"'--.......-.- -~~-~ --.-- Zoning New ~ .Aizons of the T reasur~ Coast RS-2 . < 19.07 Ac 19.08 k; AR-1 o o o D:: Rood N ....., > Q) if) 23.56 k AR-1 fZ u IS /6 I I I I CN! I I I I N ~ > W en BCC 01-004 pattern indicates subject parcel pattern indicates City of Port St. Lucie so- ~'t.~ tk~ f Gj.§;. ~ .4;-':>.- Map prepared June 26. 2001 ==Z==-;-.~:::;{=~ N I I I I I I CU-û1-û04 I I New Horizons of the Treasure Coast I I Map Page 3406 I I I I I I I I I I I I I I I I 0.49625 14,~7794 I I I I I I ¡ , I I 0.46D6' I 6,833981119,12842 I (1.388) I I 11.74546 119.1515 I 1.39412 1137156 - 1 I 1.39623 I I 1 . , Midway Road I I , I O,55421/0.9967~: I I I 1 I I I I I I , I 0.61446/2.158851 I I I I I I I I 7,322~ /23,26311 0.57782/2,O717~ I I 9.13032 I I I I I 5.99818 0.59081/2,124541 I I 1 I I I I I I I I I I I I I Î I I I I 1 I I I I I 1. 7186 16,2255 I I I I I 1.1005 I l I I I Midway Road - r 'I. --, I 1;1' I~. 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C'""IN-~CS; 00'00 i I .- j I I ¡: I§ § § ~ §I 1.- - - ¡;:¡ '" §§§88 ~ ~ ~ ~I~ ",~~,,",I~ .. e la COMMISSION ACTION: [J[J APPROVED 0 DENIED D OTHER 5-0 ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney Originating Dept.: Finance: '-' ....., Agenda Request Item Number 5 - J-( Date: August 21, 2001 Consent Regular Public Hearing Leg. [ ] [ [ ] [X ] Quasi-JD [ X ] Board of County Commissioners Community Development ent Director Consider Draft Resolution 01-122 granting a Change in Zoning from th RMH-5 (Residential, Mobile-Home Due/Acre) Zoning District to the RS-4 (Residential, Singl -Family - 4 Du/Acre) Zoning District for property located at 4995 Deanna Lane, Ft, Pierce. Terrance and Victoria Mills have submitted a petition for a change in zoning for property located at 4995 Deanna Lane, Ft. Pierce. The subject property is located in the Green Acres Mobile Home Subdivision, immediately southwest of the St. Lucie County International Airport. This property is not within any area of planned acquisition associated with the airports development. Counly stafl has reviewed the proposed petition and determined that a reclassification from a residential designation to another residential designation is not in conflict with the current use of the property. The petitioners are seeking to replace the existing mobile home that is on the property with a conventionally constructed home. The parcel under petition is approximately 15,000 sf in area, The minimum lot size in the RS-4 zoning district is 10,000 sf, when central water and services are not available to the site. At the present time, central water and sewer services are not available to this area. The petitioners intend to use the existing well and septic tank on this property with the new home to be constructed. N/A At the June 21, 2001, Public Hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of B to 0, with one member (Mr. Trias) absent, recommended that the Board approve the requested change in zoning. Staff Recommends approval of Draft Resolution 01-122, , Douglas M, Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND576) '-' ...., Commission Review: August 21 , 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Resolution 01-122 granting a Change in Zoning from the RMH-5 (Residential, Mobile-Home Due/Acre) Zoning District to the RS-4 (Residential, Single-Family - 4 Du/Acre) Zoning District for property located at 4995 Deanna Lane, Ft. Pierce. Terrance and Victoria Mills have submitted a petition for a change in zoning for property located at 4995 Deanna Lane. Ft. Pierce. The subject property is located in the Green Acres Mobile Home Subdivision. immediately southwest of the St. Lucie County International Airport. This property is not within any area of planned acquisition associated with the airports development. County staff has reviewed the proposed petition and determined that a reclassification from a residential designation to another residential designation is not in conflict with the current use of the property. The petitioners are seeking to replace the existing mobile home that is on the property with a conventionally constructed home. The parcel under petition is approximately 15,000 sf in area. The minimum lot size in the RS-4 zoning district is 10,000 sf, when central water and services are not available to the site. At the present time. central water and sewer services are not available to this area. The petitioners intend to use the existing well and septic tank on this property with the new home to be constructed. In making our determination of consistency, County staff has considered the potential impacts of the redevelopment of this parcel on operational and land development activities at the airport. As noted above, the County does not have any plans to acquire this property. This area lies outside of any of the currently defined 651dn noise counters as identified in the most recent Part 150 noise evaluation studies for the St. Lucie County International Airport. Although the Green Acres Mobile Home Subdivision is located in an area that is outside of the indicated noise impacts from the airport, there may very well be some residual noise impacts from the airport that could affect not only the petitioned property but the overall community as well. The County currently does not have any specific noise abatemenV mitigation standards for new construction and reconstruction activities within the airport area. Since the Board is in the process of reviewing noise impacts at the airport, one of the items that we will be looking closer into is what type of code enhancements we need to make to compel noise dampening measures in those areas that are in close proximity to the airport and that are not part of any planned buy-outs. As we move forward in this area we will be reporting back to you on any recommendations. '-' ""-'" August 14, 2001 Page 2 Subject: Draft Resolution 01-122/ Terrance & Victoria Mills Since this petition is for a change in zoning, the County does not have the ability to compel or otherwise require that noise-dampening measures be included in any homes or business built or replaced on this site. Since we cannot compel such an action at this time, or at least through this proceeding, should the Board approve this petition County Staff strongly encourages the petitioner to incorporate sound dampening measures in any new home to be constructed on this site. Staff will work with the petitioner in identifying what kind of preventive measures can be taken to reach this objective. At the June 21, 2001, Public Hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0, with one member (Mr. Trias) absent, recommended that the Board approve the requested change in zoning. This proposed rezoning meets the Standards of Review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and has been determined not to be in conflict with the Goals, Objectives, and Policies of the _St. Lucie County Comprehensive Plan. Attached is a copy of Draft Resolution 01-122 which, if approved, would grant a change in Zoning from the RMH-5 (Residential, Mobile-Home - 5 Du/Acre) Zoning District to the RS-4 (Residential, Single-Family - 4 Du/Acre) Zoning District. Staff Recommends approval of Draft Resolution 01-122. SUBMITIED: DJM/ millsbccreport1 (h) cc: County Administrator County Attorney Planning Manager Airport director Terrance and Victoria Mills 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 '-' ....,. RESOLUTION 01-122 FILE NO.: RZ-01-008 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE RMH-5 (RESIDENTIAL, MOBilE-HOME - 5 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGlE- FAMilY - 4 DU/ACRE) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. lUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence presented, including but not limited to the staff report, has made the following determinations: 1. Terrence and Victoria Mills. presented a petition for a change in zoning from the RMH-5 (Residential, Mobile-Home - 5 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre)<Zoning District Zoning District for the property described below. 2. On June 21, 2001, the St. Lucie County PlanningandZoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a change in zoning from the RMH-5 (Residential, Mobile-Home - 5 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/asre) Zoning District Zoning District for the property describedinPartA below. 3. OnAl.lgust 21,2001 ,this Board held a public hearing on the petition, after publishing noticé.atleast 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. Theproposedchangein zoning has satisfied the requirements of Section 11.06.03 of the S1. LucieCountyLand Development Code and is consistent with the goals, objectives, and pOlicies of the S1. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification from the RMH-5 File No.: RZ-01-008 August 21,2001 Resolution 01-122 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 '-" ...,.¡ (Residential, Mobile-Home - 5 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for that property described as follows: GREEN ACRES, UNIT 3, BLOCK 1, LOTS 3 AND 4. (Tax 10#: 1430-702-0003-000/0) (Location: 4995 Deanna Lane, Ft. Pierce) owned by Terrence and Victoria Mills, is hereby approved. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of SL 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: Chairwoman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner JohnD.Bruhn xxx Commissioner Cliff Barnes xxx PASSED AND DULY ADOPTED This 21st Day of August 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney DJM o1-122a(h) File No.: RZ-01-008 August 21,2001 Resolution 01-122 Page 2 '-' .....,; AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 21,2001 7:00 P.M. TERRENCE AND VICTORIA MILLS, have petitioned St. Lucie County for a Change in Zoning from the RMH-5 (Residential, Mobile Home - 5dulacre) Zoning District to the RS-4 (Residential, Single-Family - 4dulacre) Zoning District for the following described property: Location: 4995 Deanna Lane, Fort Pierce Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing. he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners August 6, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 10, 2001. File No. RZ-OI-008 '-' August 6, 200 1 -...I BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that Terrence and Victoria Mills have petitioned St. Lucie County for a Change in Zoning from the RMH-5 (Residential, Mobile Home - 5 dulacre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District for the following described property: Location: 4995 Deanna Lane, Ft. Pierce THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petiJion will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proc~eding 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 (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 5611462-1582 if you have any questions, and refer to: File Number RZ-OI-008. Sincerely. ST. LUCIE COUNTY BOARD OF COMMISSIONERS 0a¿0UJ2 J/cJdu~- /&"J Frannie Hutchinson, Chairwoman JOHN D, ORUHN, Disrricr No, 1 . DOUG COWARD, Districr No, 2 . PAULA A LEWIS, Disrricr No. J . FRANNIE HUTCHINSON, D,srricr No, 4 . CLIFF OARNES, Dimici No 5 County Administrator. Douglas M. Ande-rson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Adminisrrarion: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical Services: (561) 462-1553 Economic Developmenr: (561) 462-1550 . Fox: (561) 462-1581 Tourisr/Convenrion: (561) 462-1529 . Fox: (561) 462-2132 ..... ....,; BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR July 10.2001 JULIA SHEWCHUK In accordance with the St. Lucie County Land Development Code. you are hereby advised that Te"ence and VtctorÚl Mills have petitioned St. Lucie County for a Change in Zoning from the RMH-5 (Residential. Mobile Home - 5 du/acre) Zoning District to the RS-4 (Residential. Single-Family - 4 du/acre) Zoning District for the following described property: Location: 4995 Deanna Lane, Ft. Pierce THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petiJion will be held at 7:00 P.M., or as soon thereafter as possiþle, on Tuesday, August 21, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 2300 VirginÚl Avenue, Folt Pierce, Florido. IlII,...I/¡.U/\/. 1.\ /<l-SUllnl 11,{) /·RWI .lIlT r, 11/11/, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462-1777 or T.D,D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions. and refer to: File Number RZ-Ol-OO8. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS Frannie Hutchinson. Chairwoman JOHN D, ORUHN, DlSt"Cf No 1 . DOUG COWARD, DlSt"Cf No 2 . PAULA A, LEWIS, District No, J . FRANNIE HUTCHINSON, Distric, No, 4 . CUFF OARNES, Disrric"No, 5 Coumy Adminisrroror . Dou91as M. Anderson 2JOO Virginia Avenue . Fort Pierce. FL J4982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GIS/Technical Services: (561) 462-155J Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fox: (561) 462-21J2 ~ ....,.¡ BOARD OF COUNTY COMMISSIONERS July 2,2001 COMMUNITY DEVELOPMENT DIRECTOR JULIA SHEWCHUK In accordance with the St. Lucie County Land Development Code, you are hereby advised that Terrence and Victoria Mills have petitioned St. Lucie County for a Change in Zoning from the RMH-5 (Residential, Mobile Home - 5 du/acre) Zoning District to the RS-4 (Residential, Single-Family _ 4 du/acre) Zoning District for the following described property: Location: 4995 Deanna Lane, Ft. Pierce THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, July 17, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 2300 Virginia Avenue, Fori 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number RZ-OI-008. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~~~~__yfb Frannie Hutchinson, C'hairwoman JOHN D, ß~UHN, D'srricr No, 1 . DOUG CÕWA~D, DiSlner No, 2 . PAULA A, LEWIS, DistricT No.:J . FRANNIE HUTCHINSON, D<srricr No, 4 . CLIFF ßA~NES. DisrricT No, 5 Counry AdministraTor· Douglas M, Anderson 2300 Virginia Avenue . Fort Pierce. Fl J4982-5652 Adminisrrorion: (561) 462-1590 · Planning: (561) 462-2822 . GISrrechnicol Services: (561) 462-1553 Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourisr/Convenrion (561) 462-1529 . Fox: (561) 462-21J2 '-' '" FILE NO. RZ-OI-008 Terrance and Victoria MilIs- Mr. Flores stated that the Agenda Item #2 is the application for a change in zoning from a RMH-5 zoning district to a RS-4 zoning district for a property located at 4995 Deanna Road. Surrounding zoning is RMH-5 to North, South, East and West. The general existing use surrounding the property is residential to the north, East and West. St. Lucie County Airport located further to the east. The petition is to request a change in zone in order build a property conventionally constructed single family home to replace a single mobile home. County staff has reviewed the proposed petition and determined it conforms with the standards of review as set forth in St. Lucie County Land Development code is not in conflict with the goals, objectives, and policies of the Ste Lucie County Comprehensive plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Matthes asked if there were 2 mobile homes on the property. Mr, Flores replied that there was only one mobile home and a garage, Chairman Mattes asked if the petitioner was present. Victoria Mills, the petitioner said that she would like to build a cement block home, it would be more economical than buying another mobile home. Mr. Matthes asked if the garage was cement block and if it will come down. Ms. Mills answered that the garage was woodframe and it will stay. Chairman asked if there were any questions of the petitioner. Chairman Matthes opened the public Hearing. Ms. Becky Miller, 5264 Margaret Ann Lane was in opposition of replacing a trailer with a home. She suggested that Ms. Mills should build her house somewhere else. Ellen Revero from 5167 Margaret Ann Lane indicated that the whole community was a mobile home community and wondered if building a house there wasn't going to raise taxes and what it would mean for the owners zoning who want to stay in a mobile home residential area. Chairman Matthes stated that he couldn't answer to the tax question because he doesn't have any expertise in that. But because this request was for a change in zoning for those two parcels of land and nothing else it doesn't mean that anything else would change. He continued by saying that the board looks at zoning on a case by case basis. Mr. Matthes explained to Ms. Revero that the rezoning will only change the Mills petition. Ms. Jean Grenan who lived approximately 16 years in the Green Acres subdivision opened up by saying that he was in favor of Ms. Mills being allowed to put a house on her property, she asked if they upgrade, would it have to be a home. Mr. Matthes responded that the rezoning it's only for Mrs. Mills Property and that once its rezoned to RS- 4 he doesn't believe that a mobile home would be allowed to be put back on the property. Mr. Flores confirmed Mr. Matthes statement. June 21,2001 P & Z Meeting Page 4 "'" ....., PLANNING AND ZONING COMMISSION REVIEW: 06/21/01 File Number RZ-O 1-008 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission Planning Manager ~ June 15,2001 FROM: DATE: SUBJECT: Application of Terrence and Victoria Mills, for a Change in Zoning from the RMH-5 (Residential, Mobile-Home - 5 du/acre) Zoning District to the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. LOCATION: 4995 Deanna Road EXISTING ZONING: RMH-5 (Residential, Mobile-Home - 5 du/acre) PROPOSED ZONING: RS-4 (Residential, Single-Family - 4 dulacre) FUTURE LAND USE: MXD - Airport PARCEL SIZE: 0.25 acre PROPOSED USE: Single Family Residence PERMITTED USES: Attachment "A" - Section 3.01.03(1) RS-4 (Residential, Single-Family - 4 du/acre) - contains the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district SURROUNDING ZONING: RHM-5 (Residential, Mobile -Home - 5 dulacre) to the north, south, east, and west. SURROUNDING LAND USES: The general existing use surrounding the property is residential to the north, east, and west. The St. Lucie County International Airport is located to the east. '-" ..."., June 15,2001 Page 2 Petition: Terrence and Victoria Mills File No.: RZ-OI-008 The Future Land Use Classification of the immediate surrounding area is MXD - Airport. FIRE/EMS PROTECTION: Station #4 (4000 St. Lucie Boulevard), is located approximately 0.50 mile to the east. UTILITY SERVICE: The subject property is served by an on-site well and septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: The existing right-of-way width for Deanna Road is 60 feet. None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency DeferralAffidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following detenninations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code. The purpose of the rezoning is to allow for the construction of a conventionally constructed single family home. The Mills' parcel will allow for this construction as a confonning structure. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The MXD-Airport Land Use Classification allows the RS-4 Zoning District. '-' """"" June 15,2001 Page 3 Petition: Terrence and Victoria Mills File No.: RZ-OI-008 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning is consistent with existing and proposed land uses in the area. The general existing use surrounding the property is residential. The St. Lucie County International Airport is located to the east. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. The Mills plan to replace an existing mobile home with a conventionally constructed single family home. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The applicant will be required to comply with all federal, state, and local environmental regulations. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in hannony with the purpose and intent of the St. Lucie County Land Development Code. """ ...." June IS, 2001 Page 4 Petition: Terrence and Victoria Mills File No.: RZ-01-008 COMMENTS The petitioners, Terrence and Victoria Mills, have requested this change in zoning from the RMH-5 (Residential, Mobile-Home - 5 du/acre)Zoning District to the RS-4 (Residential, Single- Family - 4 du/acre) Zoning District in order to develop the property for a conventionally constructed single family home. There is currently a mobile home on the subject property. Attached is a copy of Section 3.01.03(1) - RS-4 (Residential, Single-Family - 4 du/acre), of the St. Lucie County Land Development Code, which delineates the pennitted, accessory, and conditional uses allowed in the Residential, Single-Family Zoning District. If the change in zoning request is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the pennitted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and detennined that it confonns with the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. Attachment hf cc: Terrence and Victoria Mills File ""'" """" 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 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF TERRENCE AND VICTORIA MILLS FOR A CHANGE IN ZONING FROM THE RMH-5 (RESIDENTIAL, MOBILE-HOME - 5 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DU/ACRE) ZONING DISTRICT, BECAUSE..... [CITE REASON 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 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY TO THE APPLICATION OF TERRENCE AND VICTORIA MILLS FOR A CHANGE IN ZONING FROM THE RMH-5 (RESIDENTIAL, MOBILE-HOME - 5 DU/ACRE) ZONING DISTRICT TO THE RS-4 (RESIDENTIAL, SINGLE-FAMILY - 4 DU/ ACRE) ZONING DISTRICT, BECAUSE..... [CITE REASON WHY - PLEASE BE SPECIFIC]. '-' '" Section 3.01.03 Zoning Oistrict Use Regulations .( (, K, RMH-5 RESIDENTIAL. MOBILE HOME - 5 1 , Purpose The purpose of this district is to provide for the permanent location of mobile homes for residential purposes, together with such other non-residential uses as may be necessary for and compatible with mobile homes. The number in ·0· following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b. Mobile home parks and courts subject to the requirements of Section 7.10.17. (999) 3. Density, Area, Yard, and Height Requirements The density and dimensional requirements shall be in accordance with Section 7.04.00. 4. Parking Parking shall be in accordance with Section 7.06.00. 5. Landscaping Landscaping shall be in accordance with Section 7.09.00. 6. Conditional Uses a. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. ~ Adopted August 1, 1990 108 Revised Through 08/01/00 '-' ....., Section 3.01.03 Zoning District Use Regulations J. RS-4 RESIDENTIAL, SINGLE-FAMilY - 4 c 1. Purpose The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of four (4) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low density residential surroundings. The number in ·0· following each identified use corresponds to the SIC code reference described in Section 3.01,02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2, Permitted Uses a. Family day care homes. (999) b. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the 80ard of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) c. Single-family detached dwellings. (999) 3. lot Size Requirements lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations ( Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Conditional Uses a. Family residential homes located within a radius of one thousand (1000) feet of another such family residential home, (999) b. Telecommunication towers - subject to the standards of Section 7,10.23 (999) 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00. ¡. ( Adopted August 1, 1990 107 Revised Through 06101/00 U) '-" ...., ¿ ~ z CÖ é:' "- ( 1 0 co +-' 0 ,rt ü 0 0 0 " >- '" i I " u ~ ~ , r- " u "'0 0 .- .~ en ~ Ï · \ ë:5 · · C \. ~ . · a N c. · CÖ () \{ ~ ~ ~ a: \ c. ~ " Q) , 1:1 Ü ~w C ·t ~ Q) "- "- Q) ~ ! w '" .. CI: ~ Z ::) 0 ü a: l.U 2: a: w .. .. CI: Z S 0 ;¡;; ó..C¡¡ H!In~-..jjijll· : = . ~ .. I: ! ~ w . ;¡. Ii 0'011 3N'ï ~"I ~ Z ::J o Ü 0'"011 /oNfS 'Oí-ò~-' ÏvÑ;j -~ '-"3Õ;~ .~. ~ : ó¥-·~"iit·,yXí w z ¡::: a: <I: ~ ~ 5 QYOtl ODN5 "äiQtI '-Ho!"íV1j .. .. ---"--~ CI: ti'.J ,.., S t[ S sr r.!-J ''fN'fJ ... : ---,' ( / /~_!~..o./ ,,~ _d~""~-~'''''' !'~~ ... ... .. ~ ~ ... .... CI: CI: /'\ / \ /'/ S 9[ ! J.J.NnO:J 3380H:J33) O A Petition of Terrence an~,ctoria Mills for a Change in ~,ng from RMH-5 (Residential, Mobile Home- 5 units/acre) to RS-4 (Residential, Single Family - 4 units/acre). ..----'\ / , / ~J ....~--, l__...-·...... ! .-- j I J &'1 2 , ) . / Melissa Lane ,.- '\ 6 5 ®4 J 2 , 8 7 6 5 ~4 J 2 , -' ~ Q) ~ 6 5 J 2 , QJ 8 7 6 5 J 2 , 4 '- .) .... V) Deanna Lane ~4 r 'w 6 5 J 2 , 8 7 6 5 2 I "0 0 0 ~ .~ ~ 0 6 5 J 2 I C 8 7 6 5 J 2 , CL:: 4 0 ~ '- Q) Lone Amy > "0 C ~4 0 6 5~ 4 J 2 , 8 7 6 5 J 2 I E E ~ ~ 0 I 6 5 J 2 , 8 7 6 5 4 J 2 , Margaret Ann Lone 15 /4 13 /2 II ro,o 9 8 7 6 5 4 3 2 I -' (l_ . \ I , , , I ' , / I . , I \ ' , I " " ,. F. P. F, D. 0, Conal No. 26 F. P. F, O. D. Conol No, 26 St. Lucie Boulevard 0 I ] ~ I I ! RZ 01-008 ~~ . &, ~ r 5ÞF.~." ~ ' " qL~; ~,~~ 'j ~ This pattern indicates Map prepared May 29,2001 J n.1IIIp _~ ~ jgr~"p.nng a'Id ~ ~" ~\ subject parcel wt* ~.rbt'-.....1Nde to prootdIN mo.ICUlrWll.Md ~ ~poMibIt.iI"not~b.......~ÞftIing~ Terrence and ....., Victoria Mills RZ 01-008 WZ¿:/j This, pattern indicates subject parcel 5è /,,""" ~"~~,, GIS / ~,~':Ä ~: a~ prepared May 29 2001 ....~c:....,.....~Io<;¡ør...~"'iI......-......~'"" N ___,...,...--_,-,""-,,, '" '"""""'" n m:>t'1~_eço.r_ ....~.au:.'" ~_uooo . , ..,.....~ <c;w~.. IN . --. ~ -...... Land Use Ter~nce and Victoria ~Ii s /~---", l ) ......---, \-.-..-..... I ' ,___"J I J 'PI z I ) , , Melissa Lone "\ 6 5 ®4 J Z I 8 T 6 5 ~4 J Z I -- ~ (lJ ~4 6 5 J Z I (lJ 8 T 6 5 J Z I '- -- "- (f) Deanna Lone 6 5 ~4 Jr A~ D - A r} GH ~5 W Z I TIU "0 0 0 ~ U ~4 0 6 5 4 J Z I 'c 8 T 6 5 J 2 I ct: 0 / '- Q) Lane Amy > "0 C 0 6 5~ 4 J 2 / 8 T 6 5 ~4 J Z I E E ~ ~ 0 I 6 5 J 2 I 8 T 6 5 4 J Z I Margaret Ann Lone /5 /4 IJ 12 /I ~/O 9 8 T 6 5 4 J 2 / (l, , \ , \ .. / i ; \ í . , \\ -' F. P. F. D. D. Canal No. 26 F. P. F, D. D, Canal No, 26 St. Lucie Boulevard INO RZ 01-008 V / / / / ~ This pattern indicates ~ subject parcel I 5ÞF ~~ a,_~ [ GJs ..¿--.::>_>=- ~ j Map prepared May 29. 2001 !he tNp _ ~ œrnpIM Iur ~piIn'W'tg a'ICI I'WfIf.-c:e WpaMI antr. ~,'\ :,' 'fthII ÞWY IlarlNiI tIMn 1'Mde" pIOIo'\dIÞ" ~___an:I -xu.. _ '.; WorrrwOon~'.nat~bUM".lIQII'fbn*lQ~ Zoning T er~nce and Victoria ~IÎ lis /'_.-\ I' ; .....-., ~---..-~- I . ._~_~J IL I J U'I z / ) , J Melissa Lane 6 5 ®4 J Z / 8 7 6 5 104 J Z I +-' ~ Q) ~4 6 5 J 2 I Q) 8 7 6 5 J Z / \... +-' "- (.f) Deanna Lane 6 5 ~4 J 2 I 8 7 6 5 W 2 / U "0 0 0 ~. u R ~J -L 5 ~4 0 6 5 J 2 / C J 2 I 0:::: 4 r 0 \... Q) Lane Amy > "0 C 0 6 5~ 4 J Z / 8 7 6 5 ~4 J Z I E E ~ ~ 0 I 6 5 4 J 2 / 8 7 6 5 4 J 2 / Margaret Ann Lane /5 /4 /J /2 1/ DIO 9 8 7 6 5 4 J 2 / (i..... · \ I ' · , , ' tG · / CG I . \ / . I " .. ,. F. P. F. D, D. 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"" ¡... .... ~ '..., Agenda Request Item Number Date: 5· -:r.: August 21, 2001 To: Submitted By: Board of County Commissioners Community Development Consent Regular Public Hearing Leg. [ ] ( [ ] [ X ] Quasi-JD [ X ] SUBJECT: nd Ronald W. Unit in the AG- BACKGROUND: The petitioners, Ronald D. and Ronald W. Ward, are requesting authorization to install a new, 28 foot (wide) by 66 foot (long) mobile home meeting the definition of a Class "A" Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development Code. The applicant proposes to place the Class "A" Mobile Home on a 4.86 acre parcel of land located approximately 1,000 feet west of Koblegard Road, north of Indrio Road. Access to the site is via an unopened public right-of-way referred to as "Avenue D" (refer to location maps). County staff has reviewed the application and determined the proposed mobile home complies with the Standards of Review as forth in Section 11.05.02(D) of the County land Development Code. FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: Although the subject mobile home appears to meet all applicable minimum standards to be determined a Class "An Mobile Home, there is one remaining matter of concern that the Board should consider prior to granting any authorizations for this proposed use. For the purpose of meeting minimum County requirements, the subject parcel is considered to have frontage onto a public right of way, which is a prerequisite to obtaining building/tie down permits for any use on this site. However, as noted in the above comments, neither of the public rights of way accessing this parcel are currently open or developed to minimum County Standards. Should the Board agree with the determination that the proposed Mobile Home meets the definition of a Class A Mobile Home, the Board should consider placing the petitioners on notice, that consistent with County practices and policies, the County will not assume any obligation to open or othelWise provide continuing maintenance for these accessways until they are brought up to full County roadway standards, Until that time, all costs associated with opening and providing long term maintenance to these accessways would be the responsibility of the adjacent property owners, including the petitioners. N/A N/A Staff Recommends approval of Draft Resolution 01-129. Douglas M, Anderson County Administrator COMMISSION ACTION: IT] APPROVED U DENIED D OTHER Approved mOT; on t-r> d<=>J:lY 5-0 County Attorney Originating Dept.: Finance; Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other; (AGEND577) "" "wi Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Resolution 01-129 which would grant the petition of Ronald D. and Ronald W. Ward to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-1 (Agricultural - 1 du/acre) Zoning District. LOCATION: Approximately 1,000 feet west of an extension of Koblegard Road, north of Indrio Road. Access to the site is via an unopened public right-of-way referred to as "Avenue D" (refer to location maps). ZONING DISTRICT: AG-1 (Agricultural - 1 du/acre) FUTURE LAND USE: RE (Residential Estate) PARCEL SIZE: 4.86 acres SURROUNDING ZONING: The AG-1 (Agricultural - 1 du/acre) Zoning District is located to the north, south, east, and west of the subject parcel. SURROUNDING LAND USES: The dominant surrounding land use is agriculture. The subject parcel is surrounded by citrus groves. FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately 3 miles to the east/southeast of the subject property. UTILITY SERVICE: Water and sewer service is provided by an on-site well and septic system. TRANSPORTATION IMPACTS: '-" 'wi August 14,2001 Page 2 Subject: Ronald D. and Ronald W. Ward! Class "A" Mobile RIGHT-Of-WAY ADEQUACY: Koblegard Road is an unmaintained public right-of-way, 60 feet in width. The referenced Avenue "0" is an unopened, unmantained public right-of-way, 50 feet in width. SCHEDULED IMPROVEMENTS: None at this time. TYPE Of CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity **************************** COMMENTS The petitioners, Ronald D. and Ronald W. Ward, are requesting authorization to install a new, 28 foot (wide) by 66 foot (long) mobile home meeting the definition of a Class "AU Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development Code. The applicant proposes to place the Class "A" Mobile Home on a 4.86 acre parcel of land located approximately 1,000 feet west of Koblegard Road, north of Indrio Road. Access to the site is via an unopened public right-of-way referred to as "Avenue 0" (refer to location maps). Section 11.05.02(0) of the Land Development Code identifies the minimum standards that are to be meet before the Board may consider that the requested mobile home to meets the definition of a Class A Mobile Home. These standards are: 1. Minimum Width of Main Bodv The minimum horizontal dimension of the main body of the mobile home as assembled on the site is not less than twenty (20) feet, as measured across the narrowest portion, except that in the Agricultural Residential (AR-1), Agricultural-1 (AG-1), Agricultural-2.5 (AG-2.5) and Agricultural-5 (AG-5), Zoning Districts, no minimum horizontal dimension shall apply. The minimum horizontal dimension of the proposed unit to be installed on this site is 28 feet. The subject property is located in the AG-5 zoning district. The proposed unit may be determined to meet this minimum standard. 2. Minimum Roof Pitch; Minimum Distance. Eaves to Ridae The pitch of the main roof is not less than one (1) foot of rise for each four (4) feet of horizontal run and the minimum distance from eave to ridge is one-half (1/2) the minimum horizontal dimension. '~ ....., August 14,2001 Page 3 Subject: Ronald D. and Ronald W. Ward! Class 'A" Mobile The submitted material with this application indicates that the minimum roof pitch meets or exceeds this required standard. The attached photos of the unit to be installed on this property depict compliance with this standard. 3. Roofina Materials The roofing material used is similar in texture, color and appearance to that of detached single-family dwelling units in the same zoning district in which it is to be located. The submitted information with this application indicates that the roofing material to be used is similar in texture, color and appearance to that of typical detached single-family dwelling unit that may otherwise be found in this same zoning district. The attached photos of the unit to be installed on this property depict compliance with this standard. 4. Exterior Finish; Liaht Reflection The materials used for the exterior finish and skirting are similar in texture, color, and materials to detached single-family dwelling units in the same zoning district in which it is to be located, and are applied in such a manner as to make the Class A Mobile Home similar in appearance with surrounding detached single-family dwelling units. Reflection from the exterior shall not be greater than from siding coated with clear, white, gloss exterior enamel The submitted information with this application indicates that the minimum roof pitch meets or exceeds this required standard. The attached photos of the unit to be installed on this property depict compliance with this standard. Noting the above, County staff has reviewed the application and determined the proposed mobile home complies with the Standards of Review set forth in Section 11.05.02(0) of the St. Lucie County Land Development Code. Although the subject mobile home appears to meet all applicable minimum standards to be determined a Class "A" Mobile Home, there is one remaining matter of concern that the Board should consider prior to granting any authorizations for this proposed use. For the purpose of meeting minimum County requirements, the subject parcel is considered to have frontage onto a public right of way, which is a prerequisite to obtaining building/ tie down permits for any use on this site. However, as noted in the above comments, neither of the public rights of way accessing this parcel are currently open or developed to minimum County Standards. Should the Board agree with the determination that the proposed Mobile Home meets the definition of a Class A Mobile Home, the Board should consider placing the petitioners on notice, that consistent with County practices and policies, the County will not assume any obligation to open or otherwise provide continuing maintenance for these accessways until they are brought up to full County roadway standards. Until that time, all costs associated with opening and providing '-' '" August 14,2001 Page 4 Subject: Ronald D. and Ronald W. WardJ Class 'A" Mobile long term maintenance to these accessways would be the responsibility of the adjacent property owners, including the petitioners. Staff recommends approval of Draft Resolution 01-129. lopment Director DJM/ WARD1(h) cc: County Administrator County Attorney Ronald D, and Ronald W, Ward 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 '-" '" RESOLUTION 01-129 FILE NO.: MH-01-003 A RESOLUTION DEFINING A CLASS "A" MOBILE HOME AS A DETACHED SINGLE-FAMILY DWELLING UNIT IN THE AG-1 (AGRICUL TUBAL- 1 DU/ACRE) ZONING DISTRICT IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of StLucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Ronald D. and Ronald W. Ward presented a petition toDefine a Class "A" Mobile Home as a Detached Single-Family Dwelling ,Unit in the AG-1 (Agricultural - 1 du/acre) Zoning District fortheproperty described below. 2. On August 21 , 2001, this Board held a public hearing on the petition, after publishing a notice of suchhearing ancfnotifyingby mail all owners of property within 500 feet of the subject property. 3. The Class "A" MobileHome determih8tiöOisconsistent with all elements of the St L.ucie CountyComprehensivePlán and has satisfied the standards of review set forth In Section 11.05.02(D) of the St. Lucie County Land Development Code. NOW, THEREFORE,BEJT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The St. Lucie County.8oard of County Commissioners has determined that the petition of Ronald D. andHonald W. Ward to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit to be located on that property described as follows: SECTION B, TOWNSHIP 34 SOUTH, RANGE 39 EAST. THE EAST Y2 OF THE WEST Yo OFTHE WEST Y20FTHE SOUTHEAST 1/4 OFTHE SOUTHEAST 1/4 - LESS THE NORTH 25 FEET AND LESS THE SOUTH 40 FEET. (4.B6 AC) (Tax I.D.#: 1308-442-0011-000/6). (Location: Approximately 1,000 feet west of an extension of Koblegard Road, north of Indrio Road. File No,: MH-01-003 August 21, 2001 Resolution 00-129 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 ~ ..., Access to the site is via an unopened public right-ai-way relerred to as "Avenue 0" ) is consistent with the requirements of Section 11.05.02(0) of the S1. Lucie County Land Development Code, and is hereby approved. B. A copy of this resolution shall be placed on file with the 81. Lucie County Community Development Director. C. The S1. Lucie County Community Development Director is hereby authorized and directed to cause a notation to be made on the Official Zoning Map of S1. Lucie County, Florida, and to make reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairwoman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx Commissioner Cliff Barne.s xxx PASSED AND DULY ADOPTED This 21~tDay of August 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney DJM 00-129(h) File No.: MH-01-003 August 21, 2001 Resolution 00-129 Page 2 '-' COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS August 10, 2001 In accordance with the 5t. Lucie County Land Development Code, you are hereby advised that Ronald Ð. and Ronald "I¥. Ward have petitioned 5t. Lucie County to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-l (Agricultural-ldu/acre) Zoning District. Location: South side of A venue "Ð", approximately 1,000 feet west of Kings Highway. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s), You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose. he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new OWner. Please call 5611462-1582 if you have any questions, and refer to: File Number MH-Ol-OO3. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~~~~~ / ÞøuJ JOHN D, GRUHN, Disrrict No, 1 . DOUG COWARD, Disrric' No, 2 . PAULA A, LEWIS, Districr No, J . FRANNIE HUTCHINSON, Dimic, No, 4 . CLIFF GARNES, Disrric, No,S County Adminisrroror . Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce, FL 34982-5652 AdminisTraTion: (561) 462-1590 · Planning: (561) 462-2822 . GISffechnicol SeNices: (561) 462-1553 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 TOUTisT/Convention: (561) 462-1529 · Fax: (561) 462-2132 '-" -...,¡ ....... z 'TI 'TI ~ !o..... C ~ (V) ~ s 0 g 0 .. 0 I .; · s . i ~ ~. , 0 .. · 0 , .. y 'TI " rrr " I 'TI '~5 f \ . ~ .. · I t f · C ~ 0 ~ .. ~ :- 0 C \ t ~ ,. .; , 0: 0 0: e w .. ., ç "' z ::> 0 ç ü Z anI. ....s ::> 0 O'fGij :J<tl 7,»1"11 Ü a: UJ i .JOY]H > ! ä: i c ., w Z ~ ¡::: II -+-' 0 ~ :II! a: 0·- I i « 0'0. ODNS ~ Z "'<D-+-' "' « . ---... ~ a 00 N·' -. ~ !o.....O o....--.J ~ K 1 ~ S' 1 ... ~ ~ ., ~ 5 "' A.l.Nn08 3380H833>10 , <¡. A Petition of Rona\-.D, and Ronald W. Ward to D' ~e a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the A'd-1 Zoning District. Avenue 11011 ---~--------~--------------------------------._-- Borrow Pit " " ~,~---- ---",~ _ _ ________ø---- - - - - .-- "- - - --------- - -, (------------------ \ \ \ " ". '. , " ". , " " \ " , " ". , " " " " " " ", ~ ~ ... ú'~ o~ ~ .90' (Lake 8.87 Ac) MH 01-003 V 7 / 7 ~ This. pattern indicates ~/ ----LJ subject parcel '- , i ¡ í \ , i ¡ j \ í ¡ ¡ ¡ ! I ¡ ¡ ¡ ¡ ¡ ¡ i ¡ ¡ %~~&~ "f GIS ~.~ Map prepared' August 8. 2001 IN..... '* DWI..... .........pIIITing.....-.- ,.."...q. N 1MIIII--,.~I'IIII...........IO~........CUO'II"II..cI_... ~ ~......~ 111'_.....,......,....., '-'Ronald D. and Ronalo-VV. Ward MH 01-003 5è" /"e,;' ~,...;~~ GIS ...£__'~~ Map prepared August 8, 2001 V / /L1 This pattern indicates subject parcel r>,.. ....AIJ ~- ~ CCJ<T04'C 'C;1 ~"P'W'<W'>Ç WId ,.--.:. ø...-~ Df\Iy N """...-. . DfI~" _.....oe 10 ~,.. _~a<'IíI iII<;o;U_ ....<r-IoI""" 006MM 1,. """",.........., b~... ~þn( ""II ~ Land Use ~onald D. and Ronalct-N. Ward Avenue --------------------------------------------------, ~ i i í i 1 i i i '¡ I i I i ! Borrow ". '.......- .. --- --............ - - - --. - - Pit - - - - ------ (----------------- - - - - - - - ---....~\ \ ì \ i , . '\ 1 ~ i \ (Lake 8.87 Ac) i '\, i , , ".. ! , 1 \ ¡ " ¡ , , ". ! '. 1 " ¡ " I . , , 1 ".. i , , "'\ ! " 1 '. j ~ ~ ... Ú'~ o~ !5> <90' MH 01-003 V 7 / /' ~ This, pattern indicates lLL/ --LJ subject parcel RE MXD Indrio Road 5.Ir -"'- a...~ ir G.I~, ~~__ Map prepared August 8. 2001 nw"*'...DIIII'I~ao_w_l~.-d~~O'IW. NT I ¥INt--......."-...........~........_......__ ~~......~..._...~~~ Zonin \w1onald D. and Rona/0.JW. Ward ---._-------~---------------------------- Borrow Pit " ". ~~---- ---~"- - -_._~---- (------------------------ \ \ \ ". , " " " " " \ \ " ". '. , " " " ". '. 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Q, S ,~ z u ..:; '" " > 2 o .c o ~ u 1J :>,~ ~ ¿ ê £ It &"8~ ::: o "'" .S ig- E- o u ê æ .~ " ,_= 0 :¡:: 0 .5 .36~ .c .c ~ ~ " " ,ÇQÇQ §§§§~§~§§§ -("\.I----C"'"'\-("I")- : :; §§§§§§Š§§Š 0 ------N--N - N N - - .q- (") .q- -.q- .... - - - .q- .... .... .... - .... ¡< 00 r- oo r- oo 00 00 00 r- oo ~ 0 0 - 0 0 0 0 0 E- M (") (") (") (") (") (") (") ..... ..... - - - - - - - .'w' ....., ~ ...., Agenda Request Item Number 15 _ ~ Date: August21,2001 Consent Regular Public Hearing Leg. [ ] [ [ ] [ X ] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development Presented By SUBJECT: Development Director Consider Draft Resolution 01-130 which would grant the petition of Katherine G. England to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. BACKGROUND: The petitioner, Katherine G. England, is requesting authorization to install a 26.5-foot by 56-foot mobile home meeting the definition of a Class· A· Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development Code. The proposed unit is a 1996 model from Homes of Merit. The proposed unit is currently located on the campus of the Ft. Pierce Central High School. The applicant had resided in the unit on this campus for the past five years. The St. Lucie County School Board has started construction improvements on the school and as a result of these improvements; the S1. Lucie County School Board is requiring that the applicant remove the unit from the school's property. The applicant has entered into a contingent purchase agreement for a 0,23 acre parcel of land located on the east side of Papaya Drive, approximately 270 feet south of the intersection of Papaya Drive and Bartow Street, in the Indian River Estates Subdivision (a single-family residential subdivision). If this petition is approved, the St. Lucie County School Board will move the existing mobile home unit and ensure that the unit is properly set up on the site. Upon receiving Class "An Mobile Home approval, the applicant will be required to submit an application for a building permit, and pay all applicable fees, in order to have this unit energized and made ready for occupancy. County staff has reviewed the application and determined the proposed mobile home complies with the Standards of Review as forth in Section 11.05.02(D) of the County Land Development Code. FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff Recommends approval of Draft Resolution 01·130. Douglas M, Anderson County Administrator COMMISSION ACTION: D APPROVED D DENIED [=:KJ OTHER Pulled move to Sept 4th. County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND578) '-'" ""-' Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Resolution 01-130 which would grant the petition of Katherine G. England to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the RS-4 (Residential, Single-Family - 4 du/acre) Zoning District. LOCATION: The east side of Papaya Drive, approximately 270 feet south of the intersection of Bartow Street and Papaya Drive (Indian River Estates, Block 89, Lot 4) ZONING DISTRICT: RS-4 (Residential, Single-Family - 4 du/acre) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 10,000 square feet (.23 acres) SURROUNDING ZONING: The RS-4 (Residential, Single-Family - 4 du/acre) Zoning District is located to the north, south, east and west. SURROUNDING LAND USES: The existing uses are single-family residential (Indian River Estates Subdivision) FIRE/EMS PROTECTION: Station #6 (350 E. Midway Road), is located approximately 1 112 miles to the north of the subject property. UTILITY SERVICE: Water and sewer service is provided by an on-site well and septic system. TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: Papaya Drive is a county owned/maintained right-of way 60 feet in width. SCHEDULED IMPROVEMENTS: None at this time. 'r '" August 14, 2001 Page 2 Subject: Katherine G. England! Class 'A' Mobile TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity *****.********************** COMMENTS: The petitioner, Katherine G. England, is requesting authorization to install a 26.5-foot by 56-foot mobile home meeting the definition of a Class "A" Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development Code. The proposed unit is a 1996 model from Homes of Merit. The proposed unit is currently located on the campus of the Ft. Pierce Central High School. The applicant had resided in the unit on this campus for the past five yëars. The St. Lucie County School Board has started construction improvements on the school and as a result of these improvements; the St. Lucie County School Board is requiring that the applicant remove the unit from the school's property. The applicant has entered into a contingent purchase agreement for a 0.23 acre parcel of land located on the east side of Papaya Drive, approximately 270 feet south of the intersection of Papaya Drive and Bartow Street, in the Indian River Estates Subdivision (a single-family residential subdivision). If this petition is approved, the St. Lucie County School Board will move the existing mobile home unit and ensure that the unit is properly set up on the site. Upon receiving Class "A" Mobile Home approval, the applicant will be required to submit an application for a building permit, and pay all applicable fees, in order to have this unit energized and made ready for occupancy. Section 11.05.02(0) of the Land Development Code identifies the minimum standards that are to be meet before the Board may consider that the requested mobile home to meets the definition of a Class A Mobile Home. These standards are: 1. Minimum Width of Main Bodv The minimum horizontal dimension of the main body of the mobile home as assembled on the site is not less than twenty (20) feet, as measured across the narrowest portion, except that in the Agricultural Residential (AR-1), Agricultural-1 (AG-1), Agricultural-2.5 (AG-2.5) and Agricultural-5 (AG-5), Zoning Districts, no minimum horizontal dimension shall apply. The applicant's detail of the proposed unit indicates that the Class "A" Mobile Home is 26.5' x 56' in size. The proposed unit may be determined to meet this minimum standard. '-' '" Augusl14,2001 Page 3 Subject: Katherine G. England I Class "A" Mobile 2. Minimum Roof Pitch; Minimum Distance. Eaves to Ridoe The pitch of the main roof is not less than one (1) foot of rise for each four (4) feet of horizontal run and the minimum distance from eave to ridge is one-half (1/2) the minimum horizontal dimension. The applicant's detail of the proposed unit indicates that the Class "A" Mobile Home has a roof pitch of 3:12. This means that there is to be a three inch rise for each foot of horizontal run. This slope is equivalent to a one foot rise for every four feet of run. The eave to ridge criteria is also satisfied with the pitch of the roof. The roof will be the same horizontal distance from the ridge along the length of the mobile home unit. The proposed unit may be determined to meet this minimum standard. 3. RoofinQ Materials The roofing material used is similar in texture, color and appearance to that of detached single-family dwelling units in the same zoning district in which it is to be located. The applicant has indicated that the proposed Class "A" Mobile Home unit will have a shingled roof, which is consistent with the surrounding single-family residential homes. The proposed unit may be determined to meet this minimum standard. 4. Exterior Finish; Lioht Reflection The materials used for the exterior finish and skirting are similar in texture, color, and materials to detached single-family dwelling units in the same zoning district in which it is to be located, and are applied in such a manner as to make the Class A Mobile Home similar in appearance with surrounding detached single-family dwelling units. Reflection from the exterior shall not be greater than from siding coated with clear, white, gloss exterior enamel. The proposed Class "An Mobile Home Unit will have blue vinyl lap siding with white trim. The unit has a dormer above the doorframe, which provides for a break in a single-line frontage along the unit. The mobile home unit has a steel house door with shutters to provide additional single-family residential character to the unit. The skirting is made of vinyl locking siding. The attached plot plan and rendering provide the details of the proposed Class "A" Mobile Home. The proposed unit may be determined to meet this minimum standard. County staff has reviewed the application and determined the proposed mobile home complies with the objective standards of review as forth in Section 11.05.02(D) of the County Land Development Code, which allows the County to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit. '-' August 14,2001 Page 4 Staff recommends approval of Draft Resolution 01-130. SUBMITTED: Dennis Murphy, AICP Interim Community Development Director DJMI ENGLAND1 (h) cc: County Administrator County Attorney Katherine G, England 'wttI Subject: Katherine G. England / Class 'A" Mobile 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 "'"' '" RESOLUTION 01-130 FILE NO.: MH-Q1-004 A RESOLUTION DEFINING A CLASS "A" MOBILE HOME AS A DETACHED SINGLE-FAMILY DWELLING UNIT IN THE AG-1 (AGRICULTURAL- 1 DU/ACRE) ZONING DISTRICT IN ST. LOCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofSt. Lucìe County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Katherine G. England presented a petitiontoDefine a CIElSS"A"Mobile Home as a Detached Single-Family Dwellir@lJnitinthe RS-4 (Residential, Single- Family - 4 du/acre) Zoning DistrictJor the property described below. 2. On August 21, 2001, this Board held apublic hearing on the petition, after publishing a notice of such hearing aodnotifying by mail all owners of property within 500 feet of the subject property. 3. The Class "A" MobileHöme deterrnihationisconsistent with all elements of the St.l...uc:ie County Comprehensive/Plan and has satisfied the standards of review set forth in Section 11.05.02(D) of the St. Lucie County Land Development Code. NOW, THEREFORE, BElT RESOLVED by the Board of County Commissioners of St. Lucie County , Florida: A. The St. Lucie County Board of County Commissioners has determined that the request of Katherine G. England to Define a Class "A" Mobile Home as a Detached Single- Family Dwelling Unit to be located on that property described as follows: Section 12, Township 36 South, Range 40 East; Lot 4, Block 89, of Indian River Estates, Unit 9, According to the Plat thereof, as recorded in Plat Book 10 at Page 74,Public Records of St. Lucie County, Florida (0.23 AC) (TAX I.D. NO. 3402-610-0572-000/6). (Location: East side of Papaya Drive, approximately 270 feet south of the File No.: MH-01-004 August 21, 2001 Resolution 00-130 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 "" 'wi intersection of Bartow Street and Papaya Drive) is consistent with the requirements of Section 11.05.02(0) of the S1. Lucie County Land Development Code, and is hereby approved. B. A copy of this resolution shall be placed on file with the S1. Lucie County Community Development Director. C. The S1. Lucie County Community Development Director is hereby authorized and directed to cause a notation to be made on the Official Zoning MapofSt.Lucie County, Florida, and to make reference to the date of adoption of this resolution, After motion and second, the vote on this resolution was as follows: Chairwoman Frannie Hutchinson xxx Vice-Chairman Doug xxx xxx Commissioner Paula A.tewis Commissioner JohnD. Bruhn xxx Commissioner Cliff Barnes xxx PASSED AND DUL VA-DOPIED This21~tDay of August 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney DJM 00-130(h) File No.: MH-01-004 August 21, 2001 Resolution 00-130 Page 2 ~ '-' AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 21,2001 7:00 P.M. Katherine England, has petitioned St. Lucie County to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the RS-4 (Residential, Single-Family - 4duJacre) Zoning District for the following described property: Location: East side of Papaya Drive, approximately 275 feet soüth of the intersection of Bartow Street. Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners August 10, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 10, 2001. File No. MH-OI-004 '-' '" August 10,2001 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that Katherine England has petitioned St. Lucie County to Define a Class "Au Mobile Home as a Detached Single-Family Dwelling Unit in the RS-4 (Residential, Single-Family - 4du/aere) Zoning District. Location: East side of Papaya Drive, approximately 275 feet south of the intersection of Bartow Street. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The public hearing on the petition will be heM at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 2001, County Commissioner's Cluunbers, St. Lucie County Administration Building, 2300 Virginia Avenue, Fori 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such pwpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number MH-0l-004. Sincerely, A~LUCIE COUNTY BOARD OF CO~ISSIONERS '-7í~ 7-1tu1-?k~x. /~ Frannie Hutchinson, Chairwoman JOHN 0, GRUHN, Disrricr No, 1 . DOUG COWARD. Di""ct No, 2 . PAULA A, LEWI5, Disrricr No,.:J . FRANNIE HUTCHINSON, DiStrIct No d . CliFf ßARNE5, DisrricT.No _ County Administrator - Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce, FL J4982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 · GISrrechnicol Services: (561) 462-155J Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 . 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Weir ....., General Contractor, Inc. State Certified CGC 009869 6108 Yucca Drive Ft. Pierce, FL 34982 Telephone· 561/464-7434 August 11, 2001 St Lucie County Planning & Zoning Commission 2300 Virginia Avenue Ft. Pierce, FI. 34982-5652 Re: Katherine England Petition Hearing 8/21/01 7:00 pm Dear Commission Members: I will be unable to attend the above referenced hearing due to a prior commitment out of town. This company owns a lot sharing a common rear comer with the subject property as well as two additional properties in Indian River Estates. My wife and I also own personally two single family homes (one of which is our residence) and two lots, all on Yucca Drive. I feel strongly that NO type of Mobile Home should be allowed in this community. Thank you in advance for considering my opinion. Sincerely, J. A, WEIR, GENERAL CONTRACTOR, INC. 340261005910005 9Ú.~~ J. A. Weir President JAW/d IT f,: AUG' 4 2001 '-" ..., "" '-' ,./ ,¡iIf To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: ~~ "W' ..,. Agenda Request ~ August 21, 2001 Item Number Date: Consent Regular Public Hearing Leg. [ X ] ] [ ] [ X ] Quasi-JD [ ] Board of County Commissioners Community Development irector Consider Draft Ordinance 01-010 granting the petition of Westcheste Development Company, a Florida Corporation, for the establishment of an uniform commu ty development district to be known as 'Westchester Community Development District No.1" a authorized and provided for in Chapter 190, Florida Statutes, The Westchester Development Company has filed a petition with 5t. Lueie County for the establishment of the Westchester Community Development District No.1, consistent with the requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended. Westchester COD No.1 is proposed to occupy 74.25 acres and is located at the northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. The attached Exhibit provides general location map for the boundaries of Westchester COD No.1. Ultimately, development in this district will provide for 125,000 square feet of retail space and 78,500 square feet of office space, The petition for Westchester COD No. 1 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrastructure to permit the development of Westchester COD No.1. This infrastructure includes the project's stormwater management system, internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property, The estimated capital costs of these facilities to be paid through the formation of COD NO.1 is $5,582,510, Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non- ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. N/A RECOMMENDATION: Staff recommends approval of Draft Ordinance 01-010 COMMISSION ACTION: W APPROVED U DENIED D OTHER 5-0 County Attorney Originating Dept.: Finance: Douglas M, Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND582) '"'- ""'- Commission Review: August 21 , 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Ordinance 01-010 granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of an uniform community development district to be known as 'Westchester Community Development District NO.1" as authorized and provided for in Chapter 190, Florida Statutes. LOCATION: Northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. EXISTING ZONING: AG-1 (Agricultural- 1 du/acre) FUTURE LAND USE: MXD - Gatlin Boulevard PARCEL SIZE: 74.25 acres SURROUNDING ZONING: AG-1 (Agricultural - 1 du/acre) SURROUNDING LAND USES: The general existing use surrounding the property is vacant pasture land and citrus groves. The Future Land Use Classification of the surrounding area is MXD - Gatlin Boulevard and RU (Residential Urban) further to the west. UTILITY SERVICE: Water and sewer service is to be provided by Port St. Lucie Utilities, St. Luce West Utilities, or the Westchester Community Development District No.1. As part of the pending development of regional impact for the Westchester project, a final determination on the specific service provider will be made. ******************************************** The Westchester Development Company has filed a petition with St. Lucie County for the establishment of the Westchester Community Development District No.1, consistent with the "'" ~ August 14, 2001 Page 2 Subject: Westchester Community Development District No, 1 requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended. In 1980, the Florida Legislature created the "Uniform Community Development District Act of 1980." The purpose of this Act is to define a uniform, focused, and fair procedure in state law to provide a reasonable alternative for the establishment, power, operation, and duration of independent districts to manage and finance basic community development services. In establishing these regulations, the legislature determined that based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and economic way to deliver basic community development services, thereby providing a solution to the stat~s planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers. In providing for the establishment of these districts, the legislature made its intent very clear in Chapter 190, Florida Statutes, that no Community Development District could have or exercise any zoning or development permitting power and that the establishment of an Independent Community Development District as provided for in this Act is not a development order within the meaning of Chapter 380, Florida Statutes, and that all applicable planning and permitting laws, rules, regulations, and policies of the recognized local government in the area shall control the development of the land to be serviced by the district. A District shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. Furthermore, the Legislature has required that no debt or obligation of a Community Development District is to constitute a burden on any local general- purpose government without the consent of the local government. Chapter 190.005, Florida Statutes, provides that the exclusive and uniform method for the establishment of a Community Development District of less than 1,000 acres in size shall be pursuant to an ordinance adopted by the County Commission of the County having jurisdiction over the majority of land in the area in which the district is to be located. The Westchester DRI (Development of Regional Impact) is to be a master planned, mixed-use community. The DRI is proposed to contain approximately 2,000 acres and will consist of approximately 4,500 residential units, 2,001,000 square feet of office space, 575,000 square feet of retail space, and 300 hotel units. Community development districts are planned to effect 1,678 of these acres. The Westchester Development Company is proposing to establish 4 separate community development districts to fund the infrastructure necessary and provide the long-term community maintenance for the Westchester DR!. Each of these districts is to focus on the unique characteristics and requirements of the land contained within their respective boundaries. Westchester Community Development District No.1 (CDD No.1) is proposed to serve the initial commercial area of the project. Westchester Community Development District NO.2 (CCD No. 2) is proposed to serve the planned corporate office park which will include a civic/school site. Westchester Community Development District No.3 (CDD No.3) is proposed for residential uses only. Westchester Community Development District NO.4 (CDD No.4) is proposed to have a town center with retail uses at the core with the surrounding areas designated for additional residential uses. Westchester CDD No. 1 is proposed to occupy 74.25 acres and is located at the northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. The attached Exhibit provides general location map for the boundaries of Westchester CDD No.1. '-- '-..( August 14, 2001 Page 3 Subject: Westchester Community Development District No, 1 Ultimately, development in this district will provide for 125,000 square feet of retail space and 78,500 square feet of office space. Section 190.012, Florida Statues, outlines the specific powers that a Community Development District may be authorized or empowered to undertake though its initial charter. These possible powers include the ability to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: a. Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. b. Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. d. District roads equal to or exceeding the specifications of the county in which such district roads are located, and streetlights. e. Buses, trolleys, transit shelters, ride sharing facilities and services, parking improvements, and related signage. f. Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. g. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380.06 or s. 380.061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located. In addition, a Community Development District may request that the appropriate unit of local general-purpose government grant to the district powers that would permit the district to undertake the responsibility for the planning, establishment, acquisition, construction or reconstruction, enlargement, extension, equipping, operation, and maintenance of additional systems and facilities for the following: a. Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. b. Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment. '- "-' August 14,2001 Page 4 Subject: Westchester Community Development District No.1 c. School buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board. d. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. e. Control and elimination of mosquitoes and other arthropods of public health importance. f. Waste collection and disposal. The petition for Westchester COD No.1 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrãstructure to permit the development of Westchester COD NO.1. This infrastructure includes the project's stormwater management system, internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated capital costs of these facilities to be paid through the formation of COD No. 1 is $5,582,510. Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non- ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. Attached is a copy of Draft Ordinance 01-010 that provides for the establishment of the Westchester COD No.1. This ordinance addresses the requirements of Chapter 190.005(2), Florida Statutes. In addition, this Ordinance includes the following recommended special conditions: ,. The powers and responsibilities of the Westchester Community Development District No. 1 shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other by products of such system or sewer system; (c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways "'-' ....,.¡ August 14, 2001 Page 5 Subject: Westchester Community Development District NO.1 over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut; (d) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (g) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (h) fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (i) school buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; and, (j) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. The Commission further consents to provide the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. ."'" ....., August 14, 2001 Page 6 Subject: Westchester Community Development District NO.1 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of Sf. Lucie County. 4. No publicly owned property that may be located or acquired within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the Community Development Described in #2 above. Staff recommends approval of Draft Ordinance 01-010. SUBMITTED: ICP Development Director DJMI Westchestercdd1 meemo1 (h) cc: County Administrator County Attorney Finance Director Management & Budget director Public Works Director Planning Manager Paul J, Hegener, Westchester Development Company Noreen Dreyer, Esquire - Ruden, McClosky, Smith, Schuster & Russell, P.A. Denise J, Ganz, Esquire - Ruden, McClosky, Smith, Schuster & Russell, P,A, ~ ....., August 14, 2001 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that Westchester Development Company has petitioned St. Lucie County for the establishment of a uniform community development district to be known as "Westchester Community Development District NO.1" as authorized and provided for in Chapter 190, Florida Statutes, and based upon the factors listed in Section 190.005(1)(e), Florida Statutes. A PUBLIC HEARING on Ordinance 01-010 will be held before the St. Lucie County Board of County Commissioners on Tuesday, August 21,2001, at 7:00 P.M. or as soon thereafter as possible, in the County Commission Chambers, 3rd floor of the County Administration Annex, 2300 Virginia Avenue, Ft. Pierce, Florida, to consider the petition filed by Westchester Development Company. 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 land area to be served by the district is located in St. Lucie County, Florida and comprises approximately 74.25 contiguous acres. The boundaries of the properties to be serviced by the proposed Westchester Community Development District No. 1 are outlined on the attached map. There is no real property within the boundaries of the district, which will be excluded from the district. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 561/462-1777 or TOO 561/462-1428 at least forty-eight (48) hours prior to the meeting. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you have any questions, please call 561/462-1586 and refer to Ordinance 01-010. Sincerely, ¿. LUCIE ÇO.U,NTY ¡BOARD OF COUNTY COMMISSIONERS '/~ ~~ r~utchinson, Chairwoman JOHN D, BRUHN, DiSTricT No, 1 . DOUG COWARD, Disrricr No, 2 . PAULA A, LEWIS, DisrricT No, J . FRANNIE HUTCHINSON, Disrrico No, 4 . CLIFF BARNES. DIStrict No, 5 (ounry Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 · GIS/Technicol Services: (561) 462-1553 Economic Development: (561) 462-1550 · Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 · Fox: (561) 462-2132 '-' "0 > CD P^18 BSOJ!ìt <1J û) :> <1J E 'C 0.... "0 £ ro Cashmere Blvd California Blvd "" P^18 BUD^BS "0 > aJ .£; ;:¡ <1J (!) ~" r ~,~ ~.'... - t- Z '" s ~ ~ ~ ~ ~§¡¡ i!."" 8 ~r í~~ ~a2- ~ê} w '" " .J ,~~::¡ ( ~"! u ih 111 8.B ¥ U H~ I ¥Ë~ Q. 'ð. c 0 .( gj]~ It: IIi" Ö 2'ii ~f,§ ~d . w J ) N on c:i o r- . ~ >. +-' >. 0 c +-' 0 ::J C Ü 0 ::J ..... 0 0 ill 0 ....... Q) (j) ill Ü C ..c 0 ::J t ....... -1 a:s (j) ill - 2 S +-' (f) PI::I aU!l a6uBI::I '-' Existin~tormwater Outfall to SFWMD C-2.4 Canal (via Peacock Canal) 800 .....- SCALE IN Fl:ET CDD-1 74.25 Ac. Community Development District #1 Notes: 1. There are no existing water or sewer interceptors on-site. 2. The existing stormwater outfall is at the northeast property comer. WESTCHESTER N o 800 1600 , 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 '-' ....,¡ ORDINANCE 01-010 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.1; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERSOFTHE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDINGSPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STAT(;; PROVIDING FOR EFFECTIVE DATE; PROVIDING FORCODIFICATION; AND SETTING FORTH THE VOTE ON AOOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to thesta.ff report, has made the following determinations: 1. The Board is authorized,pursuaf1HqSgç~iql7ls 125.01 and 190.005, Florida Statutes, to establish communitydevelopmêntdi§tric:ts that are less than 1,000 acres in size and located within theUrìincorporatedaréå.s of the County. 2. WestchesterDevelopmentCompany, a Florida Corporation, has filed with the Board a petition for the establishrnent of a community development district, which petition contains the>infòrrmation required by Section 190.005(1)(a), Florida Statutes. 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes, the Board held a public hearing on August 21,2001, after publishing notice of such hearing in the Ft. Pierce Tribune and the Port S1. Lucie News on July 24, July 31, August 7, and August 14,2001. (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005 (I) (e), Florida Statutes, and has found that: (b) All statements contained within the petition are true and correct; Ordinance 01-010 1st Draft Page 1 Print Date: 08114/01 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 ""'" ....,¡ (c) The creation of this district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (e) The district is the best alternative available for delivering the community development services and facilities to the area that will be served by the district; (f) the community development services and facilities for the district will be compatible with the capacity and uses>of the existing local and regional community development services andJacilitíes;and, (g) The area that will be served by the district is amenable to separate special district government. NOW, THEREFORE, BE IT ORDAINED bytheBoard ofCoul1tyCommissioners of St. Lucie County, Florida: PART A. ARTICLE VII "WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.1" OF CHAPTER 1-6.S"COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ: Section 1-6,5..80. ,Establ ished;· name The Westchester Community Development District No. 1 is hereby established. Section 1-6.5-81. Boundaries Thebøundariesofthe Westchester Community Development District NO.1 are as set forth in the legal description contained in the attached Exhibit "An. Ordinance 01-010 1st Draft Page 2 Print Date: 08114/01 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 "'" ......" Section 1-6.5-82. Initial Board of Supervisors. The following five persons are designated as the initial members of the Board of Supervisors of the Westchester Community Development District NO.1: John E. Abdo, Paul J. Hegener, James L. Zboril, James H. Anderson, and Donald C. Petersen. Section 1-6.5-83. Special Conditions. The following special conditions shall apply to the creation, operation, and existence of Westchester Community Development District NO.1: 1. The powers and responsibilities of the Westchester Community Development District No. 1 shall be limited to the following: - To finance, fund, plan, establish, acquire, construct orrecons1ruct, enlarge or extend, equip, operate, and maintain systems,facilities, and basic infrastructures for the following: (a) Water management and control for theländs within the district and to connect some or any of such facilities with roads and bridges; (b) Water supply, sewer,and wa$tewater ma.nagement, reclamation, and reuse or any combinationthereof, and ,to construct and operate connecting intercepting or outlet sewers and seWérmå.insand pipes and water mains, conduits, or pipelinesin, along, and undetany street, alley, highway, or other public place orways, and to dispose of any effluent, residue, or other byproducts of such system or sewérsystem; (c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway,h()lding basin, excavation, public highway, tract, grade, fill, orcutand roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut; (d) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; Ordinance 01 -01 0 1st Draft Page 3 Print Date: 08114/01 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 '-' -' (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (g) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (h) fire prevention and control, including water mains and plugs, (but excl~ding fire stations, fire trucks and other vehicles and equipment); (i) school buildings and related structures,which may be leased, sold or donated to the school district, for usein the educational system, when authorized by the district school board; and, U) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except thatthe District may not exercise any police power, but may cóntract withtheappropriate local general-purpose government agenciesforanJncreased level of such services within the District boundaries. The Commission furtherconsents to provide the District of the right and power of eminent domain, pursuanttoGhapter 73, Florida Statutes and Chapter 74, Florida Statutes, overany.property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the\usêsand purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. Ordinance 01-010 1st Draft Page 4 Print Date: 08114/01 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 "-" ....I 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located or acquired within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operatedbythe Community Development Described in section 1.6-5.81 above. PART B. CONFLICTING 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 C. SEVERABILITY. If any portion of this ordinanc~is for any reason held or declared to be unconstitutional, inoperative,or void, suchhôlgil1lg shall nqtäffeqtthe remaining portions of this ordinance. If this ordinance or any prOvi§iô[1thereof shall be held to be inapplicable to any person, property, orcircumstance,such hOldingshall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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. Ordinance 01-010 1slDralt Page 5 Print Date: 08/14/01 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 ~ ....,¡ PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairwoman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx Commissioner Cliff Barnes xxx PART H. CODIFICATION. Provisions of this ordinance shall be incorporatedinìhe S1. Lucie County Land Development Code, andthe word "ordinance" may becnangedto "section", "article", or other appropriate word, andthesectionsÖfthisordinancemaybe re-numbered or re-Iettered to accomplish such intehtion; provided, howè\ler, that Parts B through H shall not be codified. PASSED AN[¡)iÐUL.'YADÇ>PTEDThis 21 5t Day of August 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman Ordinance 01-010 1st Draft Page 6 Print Date: 08/14/01 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 '-' "'-" ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney DJM OR01-010(h) Ordinance 01-010 1st Draft Page 7 Print Date: 08/14101 '-' '-' ¡ r' III! r , I JUl , 9 2001 COUNTY COMMISSION ST. LUCIE COUNTY, FLORIDA IN RE: PETITION FOR PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, TO ESTABLISH THE WESTCHESTER NO.1 COMMUNITY DEVELOPMENT DISTRICT / PETITION FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT On its own behalf, and through its undersigned attorney, Westchester Development Company, a Florida corporation (the "Petitioner"), being the owner of one hundred percent (100%) of the property (the "Property") legally described on Exhibit A annexed hereto and made a part hereof, located in unincorporated St. Lucie County, Florida (the "County"), hereby petitions the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Commission") in accordance with Section 190.005(2) of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act") to establish a community development district comprising the Property (the "District") pursuant to the Act and other applicable law, and in support thereof, hereby attests as follows: 1. That Petitioner is a Florida corporation with its principal place of business at 1850 Fountainview Boulevard, Suite 201, Port St. Lucie, Florida, 34986. 2. That the land area to be served by the proposed District comprises approximately 74.25 acres. All lands in the proposed area are located wholly within the jurisdictional boundaries of the County. 3, That annexed hereto as Exhibit A and made a part hereof is a metes and bounds description of the external boundaries of the proposed District. No real property within the external boundaries ofthe proposed District is to be excluded therefrom. 4. That annexed hereto as Exhibit B and made a part hereof is evidence of the written consent to the establishment of the proposed District by the owner of one hundred percent (100%) of the real property to be included in the District. FTL:695729:2 '-' "wi 5. That the following five (5) persons shall be the initial members of the Board of Supervisors of the proposed District, each of whom is a resident of the State of Florida and a citizen of the United States, and each of whom shall serve in that office until replaced by elected members as provided in Section 190.006 of the Act: a, John E. Abdo 1350 Northeast 56 Street, Suite 200 Fort Lauderdale, FL 33334 b. Paul J. Hegener 1850 Fountainview Boulevard, Suite 201 Port St. Lucie, Florida, 34986 c. James L. Zboril 1850 Fountainview Boulevard, Suite 201 Port St. Lucie, Florida, 34986 d. James H. Anderson 1850 Fountainview Boulevard, Suite 201 Port S1. Lucie, Florida, 34986 e. Donald C. Petersen 1850 Fountainview Boulevard, Suite 201 Port S1. Lucie, Florida, 34986 6. That the name of the proposed District is the "Westchester No. 1 Community Development District." 7. That annexed hereto as Exhibit C and made a part hereof is a map of the proposed District showing current major trunk water mains and sewer interceptors and outfalls if in existence. 8. That annexed hereto as Exhibit D and made a part hereof, based upon available data, is a good faith estimate of the timetable for construction of the proposed District's systems, services and facilities and the estimated cost of constructing the same, both of which estimates are subject to change. 9. That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land proposed for the area within the proposed District by the future land use plan element of the effective local government comprehensive plan. 10. That annexed hereto as Exhibit F and made a part hereof is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes. FTL:695729:2 2 '-' .....,¡ 11. That the creation of the proposed District is not inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan, 12. That the Property to comprise the proposed District is of sufficient Size, compactness, and contiguity to be developable as one functional interrelated community. 13, That the creation of the proposed District presents the best alternative available for delivering the community development facilities and services to the Property that will be served by the proposed District. 14. That the community development facilities and services of the proposed District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 15. That the Property to comprise the proposed District IS amenable to separate special-purpose government. 16. That all statements contained within this Petition are true and correct. In addition, Petitioner requests that the Commission consent to the District's exercise of the powers set forth in Sections 190.012(2) (a), (b), (c), and (d) of the Act, thereby enabling the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (1) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (2) fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (3) school buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; (4) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; and (5) that the Commission further consent to the exercise by the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries ofthe District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. FTL:695729:2 3 '-" "-" WHEREFORE, Petitioner, Westchester Development Company, a Florida corporation, hereby respectfully requests the Commission to: A. Direct its staff to notice, as soon as practicable, a local public non-emergency hearing pursuant to the requirements of Section 190.005(2)(b), (c) and (e) of the Act to consider whether to grant the petition for the establishment of the proposed District and to enact an ordinance establishing the proposed District. B. Grant the petition and enact an ordinance pursuant to the Act and other applicable law, creating a community development district comprised of the Property to be known as the "Westchester No, I Community Development District." C. Contemporaneously with enacting the ordinance referred to above, adopt a resolution authorizing the District to exercise certain supplemental powers as described herein. By: Title: Ju Iv ,2001. I DEVELOPMENTCOMPANY RESPECT FULL Y SUBMITTED this Ir¡I1; day of STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrument was acknowledged before me this œ- day of J ù ~ ' 2001, by Paul\). H7J6her , the yo,.,et¡°Jed of WE§J'CHESTER DEVEL MENT COMPANY, who IS personally known to me [~or produced as identification. soœ P o'\~ ~o S31:t1dX3 NJlSStWI'IOO 10.1'1 &A{.L të:89LOOQ .I> ... ISSnnN N:>ISSlWI'IOO 0 IWIIS a J3'1!11HS -'" ....0 1WSAlNJ.ON"MOI:I:IO "d AI1~ Notary Public Printed Name: FTL:695729:2 4 FTL:695729:2 '-' ""'*' EXHIBIT A LEGAL DESCRIPTION/METES AND BOUNDS DESCRIPTION LAW~ON, NOBLE &WEBB;"1NC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 LEGAL DESCRIPTION: (C.D.D.-1) A PARCEL OF LAND LYING IN SECTIONS 9 & 10, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF GATLIN BOULEVARD (ALSO BEING THE NORTH LINE OF SECTION 15) AND THE WESTERLY LIMITS OF GATLIN BOULEVARD RIGHT-OF-WAY AND THE WESTERLY LIMITS OF THOSE LANDS DESCRIBED IN AN ORDER OF TAKING DATED JULY 4, 1979 AND RECORDED IN OFFICIAL RECORDS BOOK 311, PAGES 2946 THROUGH 2952, INCLUSIVE PUBLIC RECORDS OF SAID ST. LUCIE COUNTY AND AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS FOR STATE ROAD NO.9 (1-95), SECTION 94001 - 2412, DATED 06/02177, WITH LAST REVISION OF 09/11/79 (THE ABOVE DESCRIBED WESTERLY LIMITS OF GATLIN BOULEVARD BEAR SOUTH 00·01'45" VIlEST AND ALL BEARINGS ARE RELATIVE THERETO); THENCE SOUTH 89·57'05" VIlEST, A DISTANCE OF 696.94 FEET; THENCE NORTH 00·02'55" VIlEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89·57'05" VlÆST, A DISTANCE OF 1731.15 FEETTOA POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 175.00 FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 54·37'24" AN ARC DISTANCE OF 166.84 FEET TO A POINTOF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 300.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 73·48'39", AN ARC DISTANCE OF 386.47 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 19·14'10" EAST FROM THIS POINT);THENCE NORTH 00·14'07" EAST ALONG SAID LINE, A DISTANCE OF 969.18 FEET; THENCE SOUTH 90·00'00" EAST, A DISTANCE OF 556.48 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 500.00 FEET; THENCE EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18·02'57" AN ARC DISTANCE OF 157.51 FEET TO A POINT OF TANGENCY VVlTH A . NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. i Y R. RFORD, PSM PROFESSIONAL SURVEYOR Aì'lO MAPPER STATE OF FLORiDA REG. NO. 4981 DATE: '3...S -0/ NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK. VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THIS , INFORMATION SHOWN HEREON. EVISIONS-UPDA TES DATE BY 'D NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. JOB NO.: 8379 BY: LJH CHECKED: GRB F.B.: N/A PG.: N/A SHEET 1 OF 3 LAW~ON, NOBLE &WEBB;1NC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 LINE; THENCE NORTH 71·57'03" EAST ALONG SAID LINE, A DISTANCE OF 191.23 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTH AND HAVING RADIUS OF 500.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18·02'57" AN ARC DISTANCE OF 157.51 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 90·00'00" EAST ALONG SAID LINE A DISTANCE OF 129.71 FEET; THENCE SOUTH 00·00'00" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 90·00'00" EAST, A DISTANCE OF 200.02 FEET; THENCE NORTH 00·00'00" WEST A DISTANCE OF 248.00 FEET; THENCE NORTH 90·00'00" EAST A DISTANCE OF 1289.58 FEET; THENCE SOUTH 13·02'47 EAST A DISTANCEOF 84.45 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 700.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36·00'55" AN ARC DISTANCE OF 440.01 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 22·58'07" WEST ALONG SAID LINE A DISTANCE OF 88.21 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 100.00 FEET (THE RADIUS POINT BEARS SOUTH OT01'53" EAST FROM THIS POINT); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 108·04'24"" AN ARC DISTANCE OF 188.62 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS NORTH 64·53'43" EAST FROM THIS POINT); THENCE SOUTH 34·53'43" WEST ALONG SAID liNE A DISTANCE OF 324.06 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 766.00 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34·53'43" AN ARC DISTANCE OF 466.52 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 00·00'00" WEST ALONG SAID LINE A DISTANCE OF 46.73 FEET TO THE POINT OF BEGINNING. CONTAINING 74.25 ACRES, MORE OR LESS. . ~ . ,.~ JOB NO.: B379 BY: JDM CHECKED: GRB F.B.: N/A PG.: N/A SHEET 2 OF 3 '-' LN~\' . Lawson, ENGINEERS . PLANNERS SURVEYORS 590 NW Peacock Bõulevard, Suite 9, Part St. Lucie, Florida 34986 (561) 878-1700 . fax: (561) 878-1802 . email: Inw-pst@lnw-inc,cam West Palm Beach· Port St. Lucie . . . Noble & . . . . Webb, . . . ...- Inc. LB -6674 SKETCH TO ACCOMPANY DESCRIPTION o o <;i II .:¡ -u o ¡:: 08 o. :;: ièg = V'll 0- (\10 00 0 oq z 00 . N o o '" N90'OO'OO"E lZ89.58' l/'I Û>( O .J> 0, "'-tJ- J> - -<. ¡i\ - W -1 « u (/) \~ ?J\<!). 11:\.... ~\Þ.. "F-:ró r\~ R=175.00' ð=54·37'Z4" L=166,84' 46.73' SOO·OO'OO"W R= 700.ÕO' ð=36·00'5S" L=440.01' R=SOO.OO' ð=18·0Z'57" L=IS7.51· S90'00'OO"E SS6.48' ZOO.OZ' N90'OO'OO"E w , ·b ~ ~! m o ~ !f CDD.-1 74.25 ACRES +/- R=100.00' ð=108'04'Z4" L=188.6Z' RADIAL ~S07°01'53"E ) '--N64·53'43"E RADIAL 3Z4.06' S34°S:3'4:3"W N,R. S89·S7'05"W 1731.15' "--PROPOSE;CENTERLINE OF GATLIN 8L VD. LYING WEST OF 1-95 ::;; :;:=> ,f- 10« <TO ;"'e:> ?z go:: "'« w <D '" W '-' <tN e.tn .m ~N ;<;, a:ilD .". o;m ON ~ P.O.B. POINT OF BEGINNING P.O.c. POINT OF COMMENCEMENT P.B. PLAT BOOK P.C. POINT OF CURVATURE P.R.C. POINT OF REVERSE CURVATURE P.T. POINT OF TANGENCY R DENOTES RADIUS ð DENOTES DELTA L DENOTES ARC LENGTH N.R. DENOTES NON-RADIAL O.R.B. DENOTES OFFICIAL RECORD BOOK SEE SHEET 1 & Z OF 3 FOR DESCRIPTION ox a:f- ~ «- >3: W z Ww W 0 -'e:> m m ¡:: =>z 0« '" '" u <Dx W W W '" zu '-' '" -0: Z ~~ W -'Wtn m~ z f-f-( ) 0: :::; <tz, Z _2 '-'-- ou; u;g Z ¡::I'- I'-f- ur<> r<>u We. e.w "'- -'" x x '" '" z z :;: :;: 0 0 f- f- B379SK01.dwg 3-'5-01 11:07:21 0.1'\ EST SHEET:3 OF 3 JOB No. B379 BY: LJH CHECKED: GRB F.B. - PG. DATE: 02-19-01 '-' ...,,; EXHIBIT B EVIDENCE OF WRITTEN CONSENT OF OWNER"S CONSENT TO ESTABLISHMENT OF WESTCHESTER NO.1 COMMUNITY DEVELOPMENT DISTRICT ~ I Westchester Development Company, a Florida corporation ("Owner"), hereby certifies that it is the owner of certain property located in St. Lucie County, Florida, more particularly described on Schedule A hereto (the "Property"). By signing below, the Owner hereby gives its ful1 consent to the establishment by St. Lucie County, Florida of the WESTCHESTER NO.1 COMMUNITY DEVELOPMENT DISTRICT (the "District") in accordance with Section 190.005, Florida Statutes, and to the inclusion of the Property within the boundaries of the proposed District. The Property comprises 100% of the property to be included within the boundaries of the proposed District. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this li!!'day of -:TJ/ý ,200l. ( DEVELOPMENT COMPAN\" By: Title: STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrument was acknowledged before me this /<fI'1t day of Julc/ ,2001, by ~vIJ. )-Ié?jehei'" , the Pt"e..riJ~ of WESSTéHESTER DEVELOPMENT COMPANY, who is personal1y known to me [~ produced as identification. Ø,V 1>/1. o..p.. ~ SHIAl.EVBSMITH ~('I .. COMMISSIaII MJMBER :? ~ 0001S824 ~ ~ MY COMMISSION EXPIReS OF f\.O MAY 2005 £;J~ Notary Public Printed Name: fTl:695729:2 FTL:695729:2 '-" EXHIBIT C MAP OF PROPOSED DISTRICT -...; '-' Existing ~rmwater Outfall to SFWMD C-2..4 Canal (via Peacock Canal) BOO -- _ 5CAI.£ IN FEET CDD-1 74.25 Ac. Community Development District #1 Notes: 1. There are no existing water or sewer interceptors on-site. 2. The existing stormwater outfall is at the northeast property comer. WESTCHESTER N o 800 1600 '-' """'" EXHIBIT D PROPOSED CONSTRUCTION TIMETABLE AND ESTIMATED COSTS FTL:695729:2 '-' -.; WESTCHESTER CDD-1 DEVELOPMENT Proposed Construction Timetable & Estimated Costs DRI Common Development Infrastructure (265.80 Ac.) Unit Description Unit Price Quantity Total Earthwork LS $3,509,200 1 $3,509,200 Roadways & Storm Drainage Systems LS $9,134,900 1 $9,134,900 Water & Sewer Utilities Systems LS $2,063,700 1 $2,063,700 Other Infrastructure Costs LS $2,830,000 1 $2,830,000 Sub Total: $17,537,800 Contingency: 10% $1,753,780 Total Cost: $19,291,580 DRI Common Development Cost Distribution by CDD Prorata Description Share 1 Community Development District # 1 $1,199,622 Community Development District # 2 $4,093,436 Community Development District # 3 $2,921,675 Community Development District # 4 $11,076,847 Total Cost: $19,291,580 Master CDD-1 Development (74.25 Ac.) Unit Description Unit Price Quantity Total Earthwork LS $1,102,000 1 $1,102,000 Roadways & Storm Drainage Systems LS $833,700 1 $833,700 Water & Sewer Utilities Svstems LS $218,400 1 $218.400 Other Infrastructure Costs LS $1,830,000 1 $1,830,000 Sub Total: $3.984,100 Contingency: 10% $398,410 Total Cost: $4,382,500 CDD-1 Good Faith Estimate Total: I $5,582,100J Notes: 1 The DRI Common Development Infrastructure Costs are assigned to each District according to the Master Improvement Costs Allocation methodology presented in the Statement of Estimated Regulatory Costs Report for this District. 2 Additional funds will be added to each District's Good Faith Estimate Bond amount for inflation, bond closing costs, and bond reserves. as applicable. Master CDD-1 Development Timetable Project Construction Schedule % Complete Construction Value Phase 1 (Years 0-5) 100% $5,582,100 Phase 2 (Years 5-10) 0% $0 Phase 3 (Years 10-15) 0% $0 Phase 4 (Years 15-20) 0% $0 5/4/2001 Page 1 of 1 S :/Westchester/Documents Excel/COD Infrastructure Budgets,xls ....... \wJI EXHIBIT E DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION, LOCATION AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR THE AREA WITHIN THE PROPOSED DISTRICT FTL:695729:2 '- ...,¡ ,,"'" Q ~S" , ~ -~,. "c$» -~- ~ ..-- -.-- r--- Not Included nil L -,.....- .-",ø " ......~ C l- f- A ,. .... r- J- I\\.. ]" .::: : Õ ~ I) ) co ~ C11 f- \ I- Lo ^) \ ( \ l- I I- ; \ l- i =" .~ ~ ¡ . I- ~ ~ . ~ 1 , 'Ì" . .-. 0 ( þ( I F M 1"- II " I I r'\ - ~ G-~~ RU-5 1\ "'- ~A)(n WESTCHESTER Existing Land Use 81. Lucie County, Florida CDD: LAND USE CATAGORY: TOTAL COD AREA: Ed ~5 I ~5 I MX~OW I MX~ED I 7425 o Lucido k A..oc/a t... a ~~ - V;-V ~......... y ,- --- EEEE AG-S, A pIcU\In (0.2 dulecI ~ ~ ReoidenCIIIIIk'*' C5 dulacI ITIJIJ MXD· Low nIerWiIy 1oIx8d. Uoe DewIopnont C5 dulacI ~ MXD - MedUn -.oily IoIx8d ~ Uoe DewIopnont !5-8 dulacI SOUICE: SI. lucie County c........._ PIon NOTE:N._-__te. 1..11..1..1..1 ~ _ C2OO' RIWI FTl:695729:2 ~ ....." EXHIBIT F STATEMENT OF ESTIMATED REGULATORY COSTS "'" ....", STATEMENT OF ESTIMATED REGULATORY COSTS_ WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT #1 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to form the Westchester Community Development District #1 ("District"). The proposed District comprises approximately 74.25 acres of land located in St. Lucie County. The District proposes to provide infrastructure and community services to the Westchester development as described more fully below. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to manaQinQ and financinQ the service delivery function of the district, so that any matter concerninq permittinq or planninq of the development is not material or relevant (emphasis added)." 1.2 Overview of the Westchester DRI and the Community Development Districts Proposed for it including Westchester Community Development District #1 District #1 is designed to provide community infrastructure, services, and facilities along with their operations and maintenance, to a portion of the Westchester DRI located in St. Lucie County (the "development"). The development is a master planned, mixed-use, fully amenitized, community. The DRI includes 2,033 acres. The landowner plans to establish community development districts on 1,677.74 of these acres. The land plan for the portion of the DRI planned for community development districts consists of: (a) 4,500 residential units, (b) 2,001,000 square feet of offices, (c) 575,000 square feet of retail space, and (d) 300 hotel units. Given the size and scope of the development, the landowner is proposing to establish four community development districts to serve the project. Four districts are optimal for the development because this articulation allows for each district to focus on the unique requirements of the land within its boundaries. District #1 serves an exclusively commercial area in the project that will be developed in the first phase of the development program. By contrast, the land in District #2 is planned exclusively as a corporate office park with a civic/school site. The land in District #3 is planned only for use as a residential community with no commercial, retail, or office uses. Finally, District #4 is projected for future development as a town center with retail uses at its core and surrounding residential uses. No offices are planned for the land in District #4. In light of these very different land uses, and the unique demands for community development district facilities and services, it is optimal to create four unique community development districts, one for each area. Page 1 of 10 April 25. 2001 ~ ..."., Table 1 displays the current land use plan for the lands within each of the four proposed community development districts planned for the Westchester DR/. Table 1 contains the most current information available, but it is subject to change as land planning activities continue. Table 1. Land Use Plan for the Area in Westchester Served by the Westchester Community Development Districts #1 through #4 Category CDD#1 CDD#2 CDD#3 CDD#4 Total Acres 74.25 257.45 463.60 882.44 1,677.74 Single Family 0 0 863 2,512 3,375 Multifamily 0 0 287 838 1,125 Retail 125,000 0 0 450,000 575,000 Office 78,500 1,922,500 0 ° 2,001,000 Hotel 0 0 0 300 300 Source: St. Lucie West Development Corporation The Westchester Community Development District #1 is a commercial area in the DR/. The District will provide community development district facilities and services to the 74.25 acres in the District. In addition, the District will serve as the master community development district for the additional districts that are planned for the development. In that role the District will also provide community-serving infrastructure that provides benefits to all of the other 3 community development districts envisioned to serve the Westchester DR/. These master improvements include major entrance roads, entry statements, landscaping, master stormwater control, and master utilities. The District will provide these facilities for· itself and for the other districts planned for Westchester. The debt service and operation/maintenance costs incurred by District #1 to provide the master community improvements will be funded through non ad valorem special assessments on all benefiting property in the development. District #1 may also operate and maintain localized infrastructure within any of the other three districts that is integrally related to the' master community improvements, if a district desires to delegate that function and District #1 desires to accept the same. It is anticipated that the four community development districts will enter into a series of inter local agreements providing for this sharing of master improvement, operating and maintenance costs. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541 (2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. Page 2 of 10 April 25, 2001 '-' '" (b) A good faith estimate of the cost to the agency, and to any .other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. St. Lucie County is not defined as a small County for purposes of this requirement. (e) Any additional information that the agency determines may be useful. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As shown in Table 1, District #1 encompasses 74.25 acres of land planned for 125,000 square feet of retail space and 78,500 square feet of office space. The landowners and tenants of this space will be affected by the proposed formation of District #1. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District consists of fewer than 1,000 acres, so St. Lucie County is the establishing entity under 190.005 (2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the proposed District is rèquired to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of Page 3 of 10 April 25. 2001 '-' ~ processing one additional set of reports is inconsequential._ Additionally, pursuant to section 189.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs. St. Lucie County St. Lucie County will incur costs reviewing the petition and its supporting exhibits. In addition, the County will hold a public hearing to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commissioners. However, even these costs to the County are modest for a number of reasons. First, review of the petition to establish the District does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Finally, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. These one-time costs to the County are offset by the filing fee that accompanies this petition. - The annual cost to the County is also low because of the establishment of the proposed District. The proposed District is an independent unit of locaí government. The only annual cost the County faces is the minimal cost of receiving and reviewing the various reports that the District is required to provide to the County. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the COO to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. By State law debts of the CDD are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 2 provides an outline of the various facilities and services the proposed District may provide. The District plans to fund the major arterial roads, portions of the local roadways, landscaping, portions of the parks and recreation facilities, drainage and the utilities. The major roadways will be dedicated to the County and the County will be responsible for their upkeep. The other roadways in the Page 4 of 10 April 25, 2001 ~ 'wIÌ community will be funded by the developer and by the District. _ The roadways funded by the developer will be private roads dedicated to a property owners association (POA) for operation and maintenance. The remaining local roadways will be funded, operated, and maintained by the District. The District and the POA will share the responsibilities for owning, operating and maintaining the landscaping. The District is responsible for the landscaping on public roadways and the POA is responsible for the private areas. This same arrangement is planned for the parks and recreation facilities that serve the property owners in this District. The District will retain ownership of the drainage systems, and the District will maintain these systems. The District will fund the community's utility systems. These systems will either be retained by the District for upkeep, or they will be dedicated to either the St. Lucie West Services District or to the City of Port St. Lucie for operation and maintenance. Table 2. Westchester Community Development District #1 Proposed Facilities and Services FACILITY Major arterial roads Other roads Landscape Parks & recreation Drainage Utilities FUNDED BY COD COD/Developer COD COD/Developer COD COD O&M BY County CDD/POA CDD/POA CDD/POA COD CDD/St. Lucie W. Svc. DistricUCity OWNERSHIP County CDD/POA CDD/POA CDD/POA COD CDD/St. Lucie W. Svc. DistricUCity The petitioner has estimated the costs for providing the capital facilities outlined in Table 2. The cost estimates are shown in Table 3 below. Total costs for these facilities are estimated to be approximately $4,382,510. To fund this construction program the District may issue special assessment or other revenue bonds. These would be repaid through non-ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Table 3. Cost Estimate for District Facilities Westchester Community Development District #1 Category Total Phase 1 Phase 2 Phase 3 Phase 4 Roads $2,663,700 $2,663,700 $0 $0 $0 Drainage $1,102,000 $1,102,000 $0 $0 $0 Utilities $218,400 $218,400 $0 $0 $0 Contingency $398,41 ° $398,410 $0 $0 $0 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- Total $4,382,510 $4,382,510 $0 $0 $0 Page 5 of 10 April 25. 2001 ........ .....tI In addition, as noted above, District #1 is designed to serve- as the master community development district. If the other three community development districts are approved, District #1 will fund the master community improvements (major arterial roads, master drainage facilities, backbone water and sewer systems, etc.) benefiting all of the lands in all of the districts. Table 4 provides projections for the costs and timing of these community facilities. Table 4. Westchester Community Development District #1 Community Facilities Funded by District #1 Category Total Phase 1 Phase 2 Phase 3 Phase 4 Roads $11,964,900 $5.982,450 $2,991,225 $1,794,735 $1,196,490 Drainage $3,509,200 $1,754.600 $877,300 $526.380 $350.920 Utilities $2.063,700 $1,031,850 $515,925 $309,555 $206,370 Contingency $1,753.780 $876,890 $438,445 $263,067 $175.378 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- Total $19,291,580 $9.645,790 $4,822,895 $2,893,737 $1,929,158 The costs shown in Table 4 will be distributed among the various districts based upon the benefits that properties within each district receive from the mastel improvements. The ultimate distribution of the costs according to the benefits received will be memorialized in: (1) a set of inter local agreements among the various districts and (2) a master assessment methodology approved by all four districts. Although the exact nature of these agreements cannot be known at this time, the benefits of the master improvement program can be estimated and distributed among the districts according to the three-step methodology outlined below. First, the benefits of the roadway system are distributed based on trip generation rates. Second, the costs for the master drainage system are allocated to benefiting lands on the basis of their acreage. Third, the costs for utilities arè divided based on the number of equivalent residential units. Finally, the costs of the contingencies are included in each of the three cost categories described above. There are a number of accepted methods for measuring the benefits of a roadway improvement program, however, the most widely used method is based upon trip generation rates. The theory is straightforward; land uses generate trips on the district's roadways. The roadways are designed to accommodate the trips. Trip rates are available from the Institute of Transportation Engineers 1. Table 5 provides the calculations for distributing the costs of the master roadway improvements among the proposed districts. I Institute of Transportation Engineers (1997) Trip Generate 6'" Edition, Washington:D,C. Page 6 of 10 April 25, 2001 '-' '" Table 5. Distribution of Costs for Master Roadway Improvements Category Trip Rate CDD#1 CDD#2 CDD#3 CDD#4 Total Single Family 9,57 0 0 8,259 24,040 32,299 Multifamily 6.63 0 ° 1,903 5,556 7,459 Retail 50 6,250 ° ° 22,500 28,750 Office 12,5 981 24,031 0 ° 25,013 Hotel 6.69 0 0 0 2,007 2,007 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- 7,231 24,031 10,162 54,103 95,527 % Trips 7.57% 25,16% 10.64% 56,64% 100.00% Cost allocated $996,297 $3,310,945 $1,400,048 $7,454,100 $13,161,390 As was the case for roadways, there are numerous methodologies used to measure the benefits flowing from a drainage system. One of the most widely used is acreage. The theory is that every developable acre in the districts benefit from drainage. Table 6 provides the estimates for the proposed districts. Table 6. Distribution of Costs for Master Drainage Improvements Category Acreage % Acreage Cost allocated CDD#1 74.25 4.43% $170,833 CDD#2 257.45 15.35% $592,337 CDD#3 463.60 27.63% $1,066,644 CDD#4 882.44 52.60% $2,030,305 Total 1,677.74 100.00% $3,860,120 Equivalent residential units are the basis for assessing the benefits of the master utility improvements. These improvements are sized on the basis of equivalent residential connections. Table 7 displays the distribution of these costs. Table 7. Distribution of Costs of Master Utility Improvements Category Single Family Multifamily Retail Office Hotel ERUs CDD#1 CDD#2 CDD#3 CDD#4 . Total 1 0 0 863 2,512 3,375 1 0 0 287 838 1,125 0.5 63 0 0 225 288 0.25 20 481 0 0 500 1.5 0 0 0 450 450 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- 82 481 _ 1,150 4,025 5,738 1.43% 8.38% 20.04% 70.15% 100.00% $32,492 $190,153 $454,983 $1,592,442 $2,270,070 %ERU Cost allocated Table 8 brings these various estimates together for each of the proposed districts. Costs per acre are also shown. The costs per acre vary significantly across the various districts because of the unique nature of the land uses within each of the districts. Page 7 of 10 April 25, 2001 "-' ...., Table 8. Summary of Total Allocations for Master Improvement Costs Land Use Total Total per acre CDD#1 $1,199,622 $16,157 CDD#2 $4,093,436 $15,900 CDD#3 CDD#4 $2,921,675 $11,076,847 $6,302 $12,553 Total $19,291,580 $11,499 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance both for District specific infrastructure and its proportionate share of master improvement costs. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services, as well as a proportionate share of the cost of operations and maintenance of the master improvements. It is important to note that the various costs outlined in Tables 3 and 8 are typical for developments of the type contemplated here. In other words, there is-nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners association common to most mixed- use developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer-bank loans. Finally, Florida law requires the full disclosure of the existence of the proposed District and of its assessments. Therefore, prospective landowners are fully apprised of the impact of the District on any lands they may purchase. Page 8 of 10 April 25, 2001 '-' '" 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. St. Lucie County has an estimated population that is greater than 10,000 in the most current census (2000). Therefore, the County is not defined as a "small" county according to Section 120.52, F.S. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the proposed District is the best alternative to provide community facilities and services to the project. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Tables 3 and 8 in a fashion similar to the proposed District. However, unlike the District, the alternatives would require the County to continue to administer the project and its facilities and services, As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. Furthermore, a District is preferable from a governmental accountability perspective. With a District as proposed, residents and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to resident needs without disrupting other County responsibilities. Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can impose and collect .its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations. This is a plus for the County and for property owners and renters in the District. Page 9 of 10 April 25, 2001 ~ 'WI APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT FLORIDA STATUTE CITE Annual Financial Audit 11.45 Annual Financial Report (AFR) 218.32 TRIM Compliance Report 200.068 Form 1 - Limited Financial Disclosure 112.3144 Public Depositor 215 Proposed Budget 218.34 Public Facilities Report 189.415 Public Meetings Schedule 189.417 Bond Report 218.38 Registered Agent 189.417 Page 10 of 10 DATE 12 months after end of fiscal year by March 31 130 days after by July 1 by November 15 by September 1 March 1 beginning of fiscal year When issued 30 Days after April 25, 2001 COMMISSION ACTION: DC] APPROVED D DENIED D OTHER 5-0 ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ~ '" Agenda Request Item Number .Ç L Date: August 21, 2001 Consent Regular Public Hearing Leg, [ X ] [ [ ] [ X ] Quasi-JD [ ] Board of County Commissioners Community Development . Consider Draft Ordinance 01-011 granting the petition of Westchester evelopment Company, a Florida Corporation, for the establishment of an uniform community development district to be known as "Westchester Community Development District No, 2" as authorized and provided for in Chapter 190, Florida Statutes. , The Westchester Development Company has filed a petition with St. Lueie County for the establishment of the Westchester Community Development District No.2, consistent with the requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended. Westchester COD NO.2 is proposed to occupy 257.45 acres and is located at the northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard, The attached Exhibit provides a general location map for the boundaries of Westchester COD No, 2. Ultimately, development in this district will provide for 1,922,000 square feet of office space and a civic/school site. The petition for Westchester COD NO.2 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrastructure to permit the development of Westchester COD NO.2. This infrastructure includes the project's stormwater management system, internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated capital costs of these facilities to be paid through the formation of COD No. 2 is $8,030,400. Annual operating and maintenance costs will be deteffilined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non- ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. N/A Staff recommends approval of Draft Ordinance 01-011. -- ~ Douglas M, Anderson County Administrator County Attorney Originating Dept.: Finance: Coordinationl Signature Mgt. & Budget: Other: Purchasing: Other: (AGEND583) '-' ....., Commission Review: August 21,2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director , DATE: August 14, 2001 SUBJECT: Consider Draft Ordinance 01-011 granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of an uniform community development district to be kñown as "Westchester Community Development District NO.2" as authorized and provided for in Chapter 190, Florida Statutes. LOCATION: Northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. EXISTING ZONING: AG-1 (Agricultural- 1 du/acre) FUTURE LAND USE: MXD - Gatlin Boulevard PARCEL SIZE: 257.45 acres SURROUNDING ZONING: AG-1 (Agricultural - 1 du/acre) SURROUNDING LAND USES: The general existing use surrounding the property is vacant pasture land and citrus groves. The Future Land Use Classification of the surrounding area is MXD - Gatlin Boulevard and RU (Residential Urban) further to the west. UTILITY SERVICE: Water and sewer service is to be provided by Port St. Lucie Utilities, St. Luce West Utilities, or the Westchester Community Development District NO.2. As part of the pending development of regional impact for the Westchester project, a final determination on the specific service provider will be made. ******************************************** The Westchester Development Company has filed a petition with St. Lucie County for the establishment of the Westchester Community Development District No.2, consistent with the '-' ...",¡ August 14, 2001 Page 2 Subject: Westchester Community Development District NO.2 requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, In 1980, the Florida Legislature created the "Uniform Community Development District Act of 1980." The purpose of this Act is to define a uniform, focused, and fair procedure in state law to provide a reasonable alternative for the establishment, power, operation, and duration of independent districts to manage and finance basic community development services. In establishing these regulations, the legislature determined that based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and economic way to deliver basic community development services, thereby providing a solution to the stat~'s planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers. 4 In providing for the establishment of these districts, the legislature made its intent very clear in Chapter 190, Florida Statutes, that no Community Development District could have 01' exercise any zoning or development permitting power and that the establishment of an Independent Community Development District as provided for in this Act is not a development order within the meaning of Chapter 380, Florida Statutes, and that all applicable planning and permitting laws, rules, regulations, and policies of the recognized local government in the area shall control the development of the land to be serviced by the district. A District shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. Furthermore, the Legislature has required that no debt or obligation of a Community Development District is to constitute a burden on any local general- purpose government without the consent of the local government. f Chapter 190.005, Florida Statutes, provides that the exclusive and uniform method for the establishment of a Community Development District of less than 1,000 acres in size shall be pursuant to an ordinance adopted by the County Commission of the County having jurisdiction over the majority of land in the area in which the district is to be located. The Westchester DRI (Development of Regional Impact) is to be a master planned, mixed-use community. The DRI is proposed to contain approximately 2,000 acres and will consist of approximately 4,500 residential units, 2,001,000 square feet of office space, 575,000 square feet of retail space, and 300 hotel units. Community development districts are planned to affect 1,678 of these acres. The Westchester Development Company is proposing to establish 4 separate community development districts to fund the infrastructure necessary and provide the long-term community maintenance for the Westchester DR!. Each of these districts is to focus on the unique characteristics and requirements of the land contained within their respective boundaries. Westchester Community Development District NO.1 (CDD No.1) is proposed to serve the initial commercial area of the project. Westchester Community Development District No. 2 (CCD No. 2) is proposed to serve the planned corporate office park, which will include a civic/school site. Westchester Community Development District No. 3 (CDD No.3) is proposed for residential uses only. Westchester Community Development District No.4 (CDD No.4) is proposed to have a town center with retail uses at the core with the surrounding areas designated for additional residential uses. Westchester CDD NO.2 is proposed to occupy 257.45 acres and is located at the northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. The attached Exhibit provides a general location map for the boundaries of Westchester CDD No.2. '-" ., August 14, 2001 Page 3 Subject: Westchester Community Development District NO.2 Ultimately, development in this district will provide for 1,922,500 square feet of office space and a civic/school site. Section 190.012, Florida Statues, outlines the specific powers that a Community Development District may be authorized or empowered to undertake though its initial charter. These possible powers include the ability to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: a. Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. . b, Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. ~ c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-ot-way, highway, grade, fill, or cut. d. District roads equal to or exceeding the specifications of the county in which such district roads are located, and streetlights. e. Buses, trolleys, transit shelters, ride sharing facilities and services, parking improvements, and related signage. f. Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. g. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380.06 or s. 380.061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located. In addition, a Community Development District may request that the appropriate unit of local general-purpose government grant to the district powers that would permit the district to undertake the responsibility for the planning, establishment, acquisition, construction or reconstruction, enlargement, extension, equipping, operation, and maintenance of additional systems and facilities tor the following: a. Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. b. Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment. "" ....., August 14, 2001 Page 4 Subject: Westchester Community Development District No.2 c. School buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board. d. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. e. Control and elimination of mosquitoes and other arthropods of public health importance. f. Waste collection and disposal. The petition for Westchester COD NO.2 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrastructure to permit the development of Westchester COD NO.2. This infrastructure includes the project's stormwater management system, internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated capital costs of these facilities to be paid through the formation of COD No. 2 is $8,030,400. Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non- ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. Attached is a copy of Draft Ordinance 01-011 that provides for the establishment of the Westchester COD NO.2. This ordinance addresses the requirements of Chapter 190.005(2), Florida Statutes. In addition, this Ordinance includes the following recommended special conditions: 1. The powers and responsibilities of the Westchester Community Development District No. 2 shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; (b) Water supply, sewer; and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other by products of such system or sewer system; (c) Bridges or culvetts that may be needed across any drain, ditch, canal, ffoodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways '-' .., August 14,2001 Page 5 Subject: Westchester Community Development District No.2 over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut; (d) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ride sharing facilities and services, parking improvements, and related signage; (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (g) Parks and facilities for indoor and outdoor recreational, cultural and educational uses; (h Fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (i) School buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; and, lj) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. The Commission further consents to provide the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. "'" '-' August 14, 2001 Page 6 Subject: Westchester Community Development District NO.2 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located or acquired within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the Community Development Described in #2 above. Staff recommends approval of Draft Ordinance 01-011. SUBMITTED: ICP evelopment Director DJMI Westchestercdd2memo2(h) cc: County Administrator County Attorney Finance Director Management & Budget director Public Works Director Planning Manager Paul J. Hegener, Westchester Development Company Noreen Dreyer, Esquire - Ruden, McClosky, Smith, Schuster & Russell, P.A. Denise J. Ganz, Esquire - Ruden, McClosky, Sm~h, Schuster & Russell, P.A. 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 '-" ..., ORDINANCE 01-011 J AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.2; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDINGiFOR CODIFICATIO~; AND SETTING FORTH THE VOTE ON ADOPTION. . WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the County. 2. Westchester Development Company, a Florida Corporation, has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(I)(a), Florida Statutes. 3. In accordance with Section 190.005(I)(d) and 2(b), Florida Statutes, the Board held a public hearing on August 21 t 2001, after publishing notice of such hearing in the Ft. Pierce Tribune and the Port St. Lucie News on July 24, July 31, August 7, and August 14, 2001. (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005 (I) (e), Florida Statutes, and has found that: (b) All statements contained within the petition are true and correct; Ordinance 01-011 1st Draft Page 1 Print Date: 08/14/01 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 ....... ...." (c) The creation of this district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (e) The district is the best alternative available for delivering the community development services and facilities to the area that will be served by the district; (f) the community development services and facilities for the district will be compatible with the capacity and uses of the existing local and regional community development services and facilities; and, (g) The area that will be served by the district is amenable to separate special district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of 5t. Lucie County, Florida: PART A. ARTICLE VIII "WESTCHESTERCOMMUNITY DEVELOPMENT DISTRICT NO.2" OF CHAPTER 1 ~6;5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ: Section 1-6.5-90. Established; name The Westchester Community Development District No.2 is hereby established. Section 1-6.5-91. Boundaries The boundaries of the Westchester Community Development District No.2 are as set forth in the legal description contained in the attached Exhibit "An. Ordinance 01-011 1st Draft Page 2 Print Date: 08/14/01 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 '-" ..., Section 1-6.5-92. Initial Board of Supervisors. The following five persons are designated as the initial members of the Board of Supervisors of the Westchester Community Development District NO.2: John E. Abdo, Paul J. Hegener, James L. Zboril, James H. Anderson, and Donald C. Petersen. Section 1-6.5-93. Special Conditions. The following special conditions shall apply to the creation, operation, and existence of Westchester Community Development District NO.2: 1. The powers and responsibilities of the Westchester Community Development District NO.2 shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, el1large or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system; (c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of- way, highway, grade, fill, or cut; (d) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; Ordinance 01-011 1st Draft Page 3 Print Date: 08/14/01 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 '-' '" (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (g) Parks and facilities for indoor and outdoor recreational, cultural and educational uses; (h) Fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (i) School buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; and, G) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. The Commission further consents to provide the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. Ordinance 01-011 1st Draft Page 4 Print Date: 08/14/01 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 '-" 'W 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located or acquired within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the Community Development Described in section 1.6-5.91 above. PART B. CONFLICTING 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 C. SEVERABILITY. 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. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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. Ordinance 01-011 1st Draft Page 5 Print Date: 08/14101 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 '-" "wII PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairwoman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx XXX Commissioner John D. Bruhn Commissioner Cliff Barnes XXX PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections· of this ordinance may be re-numbered or re- lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED This 21st Day of August 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman Ordinance 01-011 1st Draft Page 6 Print Date: 08/14/01 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 '- "ottJ ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney DJM OR01-011(h) Ordinance 01-011 1st Draft Page 7 Print Date: 08/14/01 ..... ~ '-" ...., August 14, 2001 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that Westchester Development Company has petitioned St. Lucie County for the establishment of a uniform community development district to be known as "Westchester Community Development District NO.2" as authorized and provided for in Chapter 190, Florida Statutes, and based upon the factors listed in Section 190.005(1 )(e), Florida Statutes. A PUBLIC HEARING on Ordinance 01-011 will be held before the St. Lucie County Board of County Commissioners on Tuesday, August 21,2001, at 7:00 P.M. or as soon thereafter as possible, in the County Commission Chambers, 3rd floor of the County Administration Annex, 2300 Virginia Avenue, Ft. Pierce, Florida, to consider the petition filed by Westchester Development Company. 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 land area to be served by the district is located in St. Lucie County, Florida and comprises approximately 257.45 contiguous acres. The boundaries of the properties to be serviced by the proposed Westchester Community Development District No. 1 are outlined on the attached map. There is no real property within the boundaries of the district, which will be excluded from the district. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 561/462-1777 or TOO 561/462-1428 at least forty-eight (48) hours prior to the meeting. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you have any questions, please call 561/462-1586 and refer to Ordinance 01-011. Sincerely, S,!! LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 7~ /f kl - /~k Frannie Hu~Óháirwoman JOHN D, ß~UHN, DIStrict No 1 . DOUG COWA~D. District No, 2 . PAULA A, LEWIS, District No, J . FRANNIE HUTCHINSON, DIStrict No, 4 . CLIFF ßAI'\NES, DlstricfNo, 5 County Administraror - Douglos M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 · Planning: (561) 462-2822 · GIS/Technical Services: (561) 462-1553 Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fox: (561) 462-21 J2 '-' ....., P^IS BSOl!V (Ú û) :> (Ú E 'C 0... - - \r z :i, ¡; w ¡¡ iH ~I';I-c "-'II ,'" . 7 ~. 8~ç .. ~ 'E ~ j w ." "ªab rt m~ ~ g2i U ',~.~ iH ! ~ ¡¡::¡~ 0 ~, H~ 0 ~' iH ~~j ~ Cas~l~dere 'ÍÍ> <P ~ % California Blvd 3 '(f¡ P^IS 8UOA8S ~ cc .!; 1ii (!) >. Þ C\J +-' C ~ :J C 0 :J 0 0 0 0 0 0 <D '- '0 C (l) t +--' , :J (/) (l) -I CU ...c . ~ Ü +-' ...... U) (/) ill S aUll a6U8t1 Ptl . '- ExistingJormwater Outfall to SFWMD C-2~ Canal (via Peacock Canal) N 800 0 r---_ 800 1600 . SCALE IN FECT CDD-2 257.45 Ac. Community Development District #2 Notes: 1. There are no existing water or sewer interceptors on-site. 2. The existing stormwater outfall is at the northeast property comer. WESTCHESTER '- ....., ,.........'..--..-- f í COUNTY COMMISSION ...L:c. I 9 2001 ST. LUCIE COUNTY, FLORIDA - .....,~.~.,. IN RE: PETITION FOR PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, TO ESTABLISH THE WESTCHESTER NO.2 COMMUNITY DEVELOPMENT DISTRICT 4 / PETITION FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT On its own behalf, and through its undersigned attorney, Westchester Development Company, a Florida corporation (the "Petitioner"), being the owner of one hundred percent (100%) of the property (the "Property") legally described on Exhibit A annexed hereto and made a part hereof, located in unincorporated St. Lucie County, Florida (the "County"), hereby petitions the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Commission") in accordance with Section 190.005(2) of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act") to establish a community development district comprising the Property (the "District") pursuant to the Act and other applicable law, and in support thereof, hereby attests as follows: I ~ I. That Petitioner is a Florida corporation with its principal place of business at 1850 Fountainview Boulevard, Suite 201, Port St. Lucie, Florida, 34986. 2. That the land area to be served by the proposed District comprises approximately 257.45 acres. All lands in the proposed area are located wholly within the jurisdictional boundaries of the County. 3. That annexed hereto as Exhibit A and made a part hereof is a metes and bounds description of the external boundaries of the proposed District. No real property within the external boundaries of the proposed District is to be excluded thererrom. 4. That annexed hereto as Exhibit B and made a part hereof is evidence of the written consent to the establishment of the proposed District by the owner of one hundred percent (100%) of the real property to be included in the District. FTl:768928:2 '-' ....., 5. That the following five (5) persons shall be the initial members of the Board of Supervisors of the proposed District, each of whom is a resident of the State of Florida and a citizen of the United States, and each of whom shall serve in that office until replaced by elected members as provided in Section 190,006 of the Act: a. John E. Abdo 1350 Northeast 56 Street, Suite 200 Fort Lauderdale, FL 33334 b. Paul J. Hegener 1850 Fountainview Boulevard, Suite 201 Port St. Lucie, Florida, 34986 c. James L. Zboril 1850 Fountainvicw Boulevard, Suite 201 Port S1. Lucie, Florida, 34986 d. James H. Anderson 1850 Fountainview Boulevard, Suite 201 Port S1. Lucie, Florida, 34986 e. Donald C. Petersen 1850 Fountainview Boulevard, Suite 201 Port St. Lucie, Florida, 34986 1 6. That the name of the proposed District is the "Westchester No.2 Community Development District." 7. That annexed hereto as Exhibit C and made a part hereof is a map of the proposed District showing current major trunk water mains and sewer interceptors and outfalls if in existence. 8. That annexed hereto as Exhibit D and made a part hereof, based upo~ available data, is a good faith estimate of the timetable for construction ofthe proposed District's systems, services and facilities and the estimated cost of constructing the same, both of which estimates are subject to change. 9. That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land proposed for the area within the proposed District by the future land use plan element of the effective local government comprehensive plan. 10. That annexed hereto as Exhibit F and made a part hereof is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes. FTL: 768928:2 2 '- .., 11. That the creation of the proposed District is not inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 12. That the Property to comprise the proposed District is of sufficient Size, compactness, and contiguity to be developable as one functional interrelated community. 13. That the creation of the proposed District presents the best alternative available for delivering the community development facilities and services to the Property that will be served by the proposed District. 14. That the community development facilities and services of the proposed District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 15. That the Property to compnse the proposed District IS amenable to separate special-purpose government. 16. That all statements contained within this Petition are true and correct. In addition, Petitioner requests that the Commission consent to the District's exercise of the powers set forth in Sections 190.012(2) (a), (b), (c) and (d) of the Act, thereby enabling the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (I) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (2) fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (3) school buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; (4) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; and (5) that the Commission further consent to the exercise by the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. FTl:768928:2 3 '-' ,..." WHEREFORE, Petitioner, Westchester Development Company, a Florida corporation, hereby respectfully requests the Commission to: A. Direct its staff to notice, as soon as practicable, a local public non-emergency hearing pursuant to the requirements of Section 190,005(2)(b), (c) and (e) of the Act to consider whether to grant the petition for the establishment of the proposed District and to enact an ordinance establishing the proposed District. 8, Grant the petition and enact an ordinance pursuant to the Act and other applicable law, creating a community development district comprised of the Property to be known as the "Westchester No.2 Community Development District." , C. Contemporaneously with enacting the ordinance referred to above, adopt a resolution authorizing the District to exercise certain supplemental powers as described herein, RESPECTFULLY SUBMITTED this æday of 0ulV' I WESTCHESTER DEVELOPMENTCOMPANY , 200 I. By: Title: ~~ ST ATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrum~t was acknowledged before. me this J!l!:!:.., day of Tu\ý , 2001, by JI T Heçener ,the PreJ,d.enf-of WESTCHESTER DEVELØPMENT COMPANY, who is "'personally known to me [~r produced as identification. Notary Public Printed Name: . 'My' O"'~?V Pilot" SHIRLEY E SMITH ~ ~ COMMISSION NUMBER ... < DDOI5824 "I'{o ¡ MY COMMISSION EXPIRES OH\.O MAY42005 FTL:768928:2 4 FTL:768928:2 '-" ., EXHIBIT A LEGAL DESCRIPTION/METES AND BOUNDS DESCRIPTION . LAWs'ON, NOBLE &WEBB':1NC. LB# 6674 CONSULTING ENGINEERS. LAND PLANNERS. SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 LEGAL DESCRIPTION: (C.O.D. - 2) A PARCEL OF LAND lYING IN SECTIONS 9 & 10, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. lUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF GATLIN BOULEVARD (ALSO BEING THE NORTH LINE OF SECTION 15) AND THE WESTERLY LIMITS OF GATLIN BOULEVARD RIGHT-OF-WAY AND THE WESTERLY LIMITS OF THOSE LANDS DESCRIBED IN AN ORDER OF TAKING DATED JULY 4, 1979 AND RECORDED IN OFFIG,lAL RECORDS BOOK 311, PAGES 2946 THROUGH 2952, INCLUSIVE PUBLIC RECORDS OF SAID ST. LUCIE COUNTY AND AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS FOR STATE ROAD NO.9 (1-95), SECTION 94001 - 2412, DATED 06/02/77, WITH LAST REVISION OF 09/11/79 (THE ABOVE DESCRIBED WESTERLY _LIMITS OF GATLIN BOULEVARD BEAR SOUTH 00·01'45" WEST AND ALL BEARINGS ARE RELATIVE THERETO); THENCE SOUTH 89·57'05" WEST, A DISTANCE OF 696.94 FEET; THENCE NORTH 00·02'55" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00·00'00" EAST A DISTANCE OF 46.73 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 766.00 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34·53'43" AN ARC DISTANCE OF 466.52 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 34·53'43" EAST ALONG SAID LINE A DISTANCE OF 324.06 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 100.00 FEET (THE RADIUS POINT BEARS NORTH 64·53'43" EAST FROM THIS POINT); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 108·04'24" AN ARC DISTANCE OF 188.62 FEET TO A POINT OF NON- RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 07"01 '53" EAST FROM THIS POINT);THENCE NORTH 22·58'07" EAST A DISTANCE OF 88.21 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 700.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36·00'55" AN ARC NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. . NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THIS INFORMATION SHOWN HEREON. G R. BURF .D, PSM PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. NO. 4981 ~ DATE: ....j -pI EVISIONS-UPDA TES DAT BY CK'D NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. JOB NO.: 8379, BY: LJH CHECKED: GRB F.B.: N/A PG.: N/A SHEET 1 OF 5 LAw.ðON, NOBLE &WEBefINC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 D/STANCE OF 440.01 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 13·02'47" WEST ALONG SAID LINE A DISTANCE OF 84.45 FEET; THENCE NORTH 12·50'43" WEST A DISTANCE OF 282.65 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2041.35 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12·51'29" AN ARC DISTANCE OF 458.11 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 00·00'52" WEST ALONG SAID LINE A DISTANCE OF 659.82 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 100.00 FEET (THE RADIUS POINT BEARS NORTH 29·59'08" EAST FROM THIS POINT); THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL \ ANGLE OF 70'47'31" AN ARC DISTANCE OF 123.56 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 79·13'20" EAST FROM THIS POINT); THENCE NORTH 90'00'00" WEST ALONG SAID LINE A DISTANCE OF 1127.29 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 125.01 FEET (THE RADIUS POINT BEARS NORTH 88·18'02" WEST FROM THIS POINT); THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 119·24'35", AN ARC DISTANCE OF 260.53 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 27"42'37" EAST FROM THIS POINT); THENCE: ,NORTH 48·17'49" WEST ALONG SAID LINE AiD/STANCE OF 1090.57 FEET; THENCE NORTH 44·59'45" EAST A DISTANCE OF 1636.03 FEET; THENCE NORTH 60·47'33" EAST A DISTANCE OF 447.17 FEET TO THE SOUTH LINE OF PORT ST. LUCIE SECTION 35 AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK 15, PAGE 10 OF THE PUBLIC RECORDS OF SAID COUNTY; THENCE NORTH 89·54'10" EAST ALONG SAID SOUTH LINE A DISTANCE OF 1793.84 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 5983.56 FEET SAID CURVE BEING A PORTION OF THE WEST LINE OF LANDS DESCRIBED IN ORDER OF TAKING, DATED JULY 24, 1979, OFFICIAL RECORD BOOK 311, PAGES 2946 - 2952, PUBLIC RECORDS OF SAID COUNTY (THE RADIUS POINT BEARS SOUTH 85·05'37" EAST FROM THIS POINT); THENCE TRAVERSING THE WESTERLY LINE OF SAID LANDS DESCRIBED IN ORDER OF TAKING, BY THE FOLLOWING ELEVEN (11) COURSES: n 1. SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH CENTRAL ANGLE OF 23·41 '42" AN ARC DISTANCE OF 2474.53 FEET TO A POINT OF TANGENCY WITH A LINE 2. SOUTH 18·47'19" EAST ALONG SAID LINE A DISTANCE OF 714.01 FEET 3. SOUTH 14·47'19" EAST A DISTANCE OF 510.88 FEET 4. SOUTH 07"32'07" EAST A DISTANCE OF 374.37 FEET 5. SOUTH 06'58'16" WEST A DISTANCE OF 373.49 FEET 6. SOUTH 15·33'28" WEST A DISTANCE OF 491.49 FEET 7, SOUTH 34·39'50" WEST A DISTANCE OF 207.78 FEET 8. SOUTH 70·02'50" WEST A DISTANCE OF 289.50 FEET 9. SOUTH 00·01'46" WEST A DISTANCE OF 64.09 FEET 10. SOUTH 82·24'53" WEST A DISTANCE OF 317.56 FEET 11. NORTH 89·58'15" WEST A DISTANCE OF 635.24 FEET THENCE DEPARTING SAID RIGHT-OF-WAY LINE SOUTH 89·57'05" WEST A DISTANCE OF 697.07 FEET TO THE POINT OF BEGINNING. CONTAINING 257.45 ACRES, MORE OR LESS. JOB NO.: 8379 BY: JDM CHECKED: GRB F.B.: N/A PG.: N/A SHEET 2 OF 5 4 ¡ L~\\' '-" . . . . Noble & . Lawson, ENGINEERS PLANNERS· SURVEYORS 590 NW Peacock Bôulevard, Suite 9, Part St, Lucie. Florida 34986 (561) 878-1700 . fax: (561) 878-1802 . em ail: Inw-pslil!>lnw-inc.com West Palm Beach· Port St. Lucie . . . . . . ..-- Webb, Inc. LB #6674 SKETCH TO ACCOMPANY DESCRIPTION WilLi Q) Q) r<> r<> w w '" '" z z <>: <>: OC·O::o (J'I ~ ._ zui u5z Or-- ,r--O f:: ro '() ¡:: ua.... Q..U ~III~ (/) (/) z z 3:': 3:': o 0 I- I- CONTINUED SHEET 4 MA TCH LINE R;2041.35' ð~12'SI'29" lTOT AU L;4SS.11' p,C. Z f'J~ OJ'" ",q .~~ ~ o o " II P.O.B. z g I- U W (/) W z ':::i z . R~ 700,00' 6~36·00'55" L~440.01' W -! « u (f) R= 100,00' ð=10S'04'24" L=18S.62' RADIAL .---- S07·01'S3"E ) '---N646S3'43"E RADIAL C.D.D. -2 2S7.4S ACRES +/- 324,06' N34'53'43"E N.R. ::¡; 3:':::> Q,~ ,-0 o~ Ojÿ 0<>: {/)w en S82·Z4'53"W 317.56' N89·58'1S"W 635.24' SEE SHEET 1 lie 2 OF 5 FOR DESCRIPTION S18"47'19"E 7i4,01' (TOTAl) (fi o ",-..I -..I . J><.>J · N '" . -!~ rñ ~ · c.o - - en · '<t' '" , It)t<) · ..... ~t<) CIJ ;:: iD_ .;to'> :-0 o¢ OW o (/) OR.B. 311, PAGES ) 2946-2952 ~ GATLIN BOULEVARD INTERCHANGE WITH 1-95 ~ P.O.B. P.O.C. P.B. P.C. P.R.C. P.T. R .6 L N.R. O.R.B. POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENOTES DELTA DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK JOB No. B379 F.B. - B379SK02-I,dwg 3-5-01 tl·16'46 ~M EST DATE: 02-19-01 BY: LJH CHECKED: GRB SHEET 3 OF 5 PG. ~ P.O.B. P.O.C. P.B. P.e. PR.C. P.T. R t::. L N.R a.RB. . Lawson, ENGINEERS . PLANNERS . SURVEYORS 590 NW Peacock Båulevord, Suite 9, Port St. Lucie, Florido 34986 (561) 878-1700· fox: (561) 878-1802. email: Inw-psl@lnw-inc.cam West Palm Beach· Port St. Lucie '-' . . . . Noble & L~\\' . . . Webb, . . . ..-- Inc. LB #6674 CD.D.-2 257.45 ACRES +/- R=100,OO' 6=70'47'31" L=123.56· RADIAL (S79·13'20"E 7 RADIAL "- N29·59'OS"E o o <;J II SKETCH TO ACCOMPANY DESCRIPTION \>-0 ----PORT ST. LUCIE SECTION 35 ,-<;0;' \1' ,''<- (PLAT BOOK 15, PAGE 10) , 1>." ..,," I>. ,1>.1 N89'54'IO"E 1793.84' ",úa N.R. '" t- w W I·w VJ Z o ~ W ..J ::> I Z U ~ t- t- <t ð ::;: U w '" "., w '" Z <t '" '" - zen 0.... ¡:r<> uc.. w~ VJI VJ Z ~ o t- w '" "., w '" Z <t C:2 enz ....0 ".,¡: c..U -w IU) U) ~ o t- N.R. N90'OO'OO"W 1127.29' (TOìAU POINT OF BEGINNING POINT OF COMMENCEMENT PlAT SOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENOTES DELTA DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK SEE SHEET 1 & 2 OF 5 FOR DESCRIPTION JOB No. B379 BY: LJH - W ....J « U (f) z o <nO U1 dz ~ q:o r\l ~. i (TOT AU R=2041.35' 6=12·51'29" L=458.11' P,T. -__S..?~·05'37·E RADIÃL:- R=5983.56· 6=23·41'42" L=2474.53' WEST LINE OF LANDS DESCRIBED IN ORDER OF TAKING, DATED JULY 24, 1979; O.R.B, 311, PAGES 2946 - 2952 '" '" W f- <t t- U) a-: w f- ~ MATCH LINE . CONTINUED SHEET 3 B379SkD2-2,dwg 3-5-DI Ll'19.59 OM EST CHECKED: GRB F.B. - PG. SHEET 4 OF 5 DATE: 02-19-01 ~ P.O.B. P.O.C. P.B. P,C. P.R.C. P.T. R ð. L N.R. O.R.B, ~ . . . . Noble & L~\\' . Lawson, ENGINEERS PLANNERS SURVEYORS 590 NW Peacock Bõulevard, Suife 9, Port SI. Lucie, Florida 34986 (56 ) 878-1700" fax: (561) 878-1802" em ail: Inw-psl@lnw-inc,com West Palm Beach" Port St. Lucie . . . . . . ..-- Webb, Inc. LB -6674 SKETCH TO ACCOMPANY DESCRIPTION N w t:; zw -I -'(¡) IO 'U W I-=> <0:2 I~ ~ SECTION 9 TOWNSHIP 37 S.. RANGE 39 E. CDD.-2 257.45 ACRES +/- V I- w W z.w ::¡ os a w => z ¡:: z o u ~ I POINT OF BEGINNING POINT OF COMMENCEMENT PLA T BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENOTES DELTA DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK R=125,OI' ð.=119"24'35" L=260.53' I N.R. N90"OO'OO"W 1127.29' (TOTAL) RADIAL ). S27'42'37"E J , '--ç- z CD OJ::!) ~» OJO ó¡;; r.;!' =Ë SEE SHEET 1 & 2 OF 5 FOR DESCRIPTION o o '" II - w ~ <[ U (f) f SHEET 5 OF 5 PG. B379SK02-3.dwg 3-5-01 7134135 0..1'1 EST DATE: 02-19-01 BY: LJH CHECKED: GRB JOB No. B379 F.B. - '-' '-' EXHIBIT B EVIDENCE OF WRITTEN CONSENT OF OWNER"S CONSENT TO ESTABLISHMENT OF WESTCHESTER NO.2 COMMUNITY DEVELOPMENT DISTRICT Westchester Development Company, a Florida corporation COwncr"), hereby certifies that it is the owner of certain property located in St. Lucie County, Florida, more particularly described on Schedule A hereto (the "Property"). By signing below, the Owner hereby gives its full consent to the establishment by St. Lucie County, Florida of the WESTCHESTER NO.2 COMMUNITY DEVELOPMENT DISTRICT (the "District") in accordance with Section 190.005, Florida Statutes, and to the inclusion of the Property within the boundaries of the proposed District. The Property comprises 100% of the property to be included within the boundaries of the proposed District. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this ¡-fÞ.day of JUY ,2001. By: Title: DEVELOPMENT COMPANY /~ STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrument was acknowledged before me this 11-11 day of 0uk ,2001, by Ptlu!J: ~eheY" ,the Pr-eJ/·J.e:::F- of WESST HESTER DEVELOPMENT COMP Y, who is personally known to me [L.}-6r produced as identification. Notary Public Printed Name: ~p.9.Y Púc9 ACW,NOTAAV &&AI. o c;.. SHIRLEY II SMITH ~ '; COMMISSIa'INWBeR ~ ~ DD01S824 ~ ~ MY COMMISSION EXPIRES OFf\.O MAY42005 FTL:768928:2 FTL:768928:2 ""'" "-' EXHIBIT C MAP OF PROPOSED DISTRICT """ Existin~tormwater Outfall to SFWMD C-2A Canal (via Peacock Canal) 800 r-- SCAlE IN rEEl CDD-2 257.45 Ac. Community Development District #2 Notes: 1. There are no existing water or sewer interceptors on-site. 2. The existing stormwater outfall is at the northeast property corner. WESTCHESTER N o 800 1600 . ""'" '...",,¡ EXHIBIT D PROPOSED CONSTRUCTION TIMETABLE AND ESTIMATED COSTS fTL:768928:2 '-' -....I WESTCHESTER CDD-2 DEVELOPMENT Proposed Construction Timetable & Estimated Costs DRI Common Development Infrastructure (265.80 Ac.) Unit Description Unit Price Quantity Total Earthwork LS $3,509,200 1 $3,509,200 Roadways & Storm Drainage Systems LS $9,134,900 1 $9,134,900 Water & Sewer Utilities Systems LS $2,063,700 1 $2,063,700 Other Infrastructure Costs LS $2,830,000 1 $2,830,000 Sub Total: $17,537,800 Contingency: 10% $1,753,780 Total Cost: $19,291,580 DRI Common Development Cost Distribution by CDD Prorata Description Share 1 Community Development District # 1 $1.199.622 Community Development District # 2 $4,093,436 Community Development District # 3 $2,921,675 Community Development District # 4 $11,076,847 Total Cost: $19,291,580 CDD-2 Development (257.45 Ac.) Unit Description Unit Price Quantity Total Earthwork LS $1,414.800 1 $1,414,800 Roadways & Storm Drainage Systems LS $916,500 1 $916,500 Water & Sewer Utilities Systems LS $317,800 1 $317,800 Other Infrastructure Costs LS $930,000 1 $930,000 Sub Total: $3,579,100 Contingency: 10% $357,910 Total Cost: $3,937,000 CDD-2 Good Faith Estimate Total: I $8,030,4001 Notes: 1 The DRI Common Development Infrastructure Costs are assigned to each District according to the Master Improvement Costs Allocation methodology presented in the Statement of Estimated Regulatory Costs Report for this District. 2 Additional funds will be added to each District's Good Faith Estimate Bond amount for inflation, bond closing costs. and bond reserves, as applicable, Master CDD-2 Development Timetable Project Construction Schedule % Complete Construction Value Phase 1 (Years 0-5) 35% $2,810,640 Phase 2 (Years 5-10) 15% $1,204,560 Phase 3 (Years 10-15) 25% $2,007,600 Phase 4 (Years 15-20) 25% $2,007,600 5/4/2001 Page 1 of 1 S :rwestchester/Documents Excel/CDD Infrastructure Budgets.xls ....... EXHIBIT E ...." DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION, LOCATION AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR THE AREA WITHIN THE PROPOSED DISTRICT FTL:768928:2 f t . 1 '-' '" 1'/ 0. ~'S7 , 0- _,r' ~"-:-... _..-.'P""'" ~ -- ,...-- Not Included nil C ---- -...- --I"'" ..-- - l- I- l- Ii '" ... ~ J- .\. ]" .~ ï ~ co (TI l- I- e- (I- - ! ~ . ~ ! i=' I~ ¡ . ~ ~ ; 1114 ~/~ > I ~ ~ ..... ~1 I' - ... . ( D F 1M '''' io Í' " Í' I I '\ - '\; G-~~ RU-5 1\ '\. ,~J1)( n t WESTCHESTER Existing Land Use St. Lucie County, Florida COO: LAND USE CATAGORY: TOTAL CDD AREA: Ed A~S I m:s I M~~ I M:D 257.45 -0< Lucido & Assoc/a tes a 0.......' Vv* ~......... ,~- -~ [ill AG-5, ~ (Q2 W/ec) ~ AU-5, _ I.I1>on (S r1I/ac) [II]] ~ MXO - Medi..m InIenoIIy _ Uae DeYeIapmønt (5..8 W/ec) MXO·Low~_ Uae Deo;eioømeoc (S r1I/ec) SOtR:E: Sl Lucie Cooriy c...,....._..... PIon NOTE: AI ~ Ole 1I ]pO>dmate. 11111111111111 ~ Roed C2OO' RIWI FTl:768928:2 ~ '" EXHIBIT F STATEMENT OF ESTIMATED REGULATORY COSTS '-' '-' STATEMENT OF ESTIMATED REGULATORY COSTS_ WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT #2 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to form the Westchester Community Development District #2 ("District"). The proposed District comprises approximately 257.45 acres of land located in St. Lucie County. The District proposes to provide infrastructure and community services to the Westchester development as described more fully below. 4 The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to manaç¡inç¡ and finanëinç¡ the service delivery function of the district, so that any matter concerninç¡ permittinç¡ or planninç¡ of the development is not material or relevant (emphasis added)." 1.2 Overview of the Westchester DRI and the Community Development Districts Proposed for it including Westchester Community Development District #2 District #2 is designed to provide community infrastructure, services, and facilities along with their operations and maintenance, to a portion of the Westchester DRI located in St. Lucie County (the "development"). The development is a master planned, mixed-use, fully amenitized, community. The DRI includes 2,033 acres. The landowner plans to establish community development districts on 1,677.74 of these acres. The land plan for the portion of the DRI planned for community development districts consists of: (a) 4,500 residential units, (b) 2,001,000 square feet of offices, (c) 575,000 square feet of retail space, and (d) 300 hotel units. Given the size and scope of the development, the landowner is proposing to establish four community development districts to serve the project. Four districts are optimal for the development because this articulation allows for each district to focus on the unique requirements of the land within its boundaries. District #1 serves an exclusively commercial area in the project that will be developed in the first phase of the development program. By contrast, the land in District #2 is planned exclusively as a corporate office park with a civic/school site. The land in District #3 is planned only for use as a residential community with no commercial, retail, or office uses. Finally, District #4 is projected for future development as a town center with retail uses at its core and surrounding residential uses. No offices are planned for the land in District #4. In light of these very different land uses, and the unique demands for community development district facilities and services, it is optimal to create four unique community development districts, one for each area. Page 1 of 10 April 25. 2001 "'" ..." - Table 1 displays the current land use plan for the lands within each of the four proposed community development districts planned for the Westchester DR!. Table 1 contains the most current information available, but it is subject to change as land planning activities continue. Table 1. Land Use Plan for the Area in Westchester Served by the Westchester Community Development Districts #1 through #4 Category CDD#1 CDD#2 CDD#3 CDD#4 Total Acres 74.25 257.45 463.60 882.44 1,677.74 Single Family ° ° 863 2,512 3,375 Multifamily ° ° 287 838 1,125 , Retail 125,000 ° ° 450,000 575,000 Office 78,500 1,922,500 0 ° 2,001,000 Hotel 0 0 0 300 300 Source: St. Lucie West Development Corporation The Westchester Community Development District #2 is designed as a corporate office park area in the DR!. The District will provide community development district facilities and services to the 257.45 acres in the District. In addition, as part of a system of community development districts that are planned for a portion of the DRI, land in District #2 will be subject to assessments for master community improvements that will be financed and constructed on its behalf by District #1. It is anticipated that the four community development districts will enter into a series of inter local agreements providing for this sharing of the costs for master improvements and their operation and maintenance. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be Page 2 of 10 April 25, 2001 '-' ....., employed in complying with the rule, additional operating costs il]curred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. St. Lucie County is not defined as a small County for purposes of this requirement. (e) Any additional information that the agency determines may be useful. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. . As shown in Table 1, District #2 encompasses 257.45 acres of land planned for 1,922,500 square feet of office space. The landowners and tenants of this space will be affected by the proposed formation of District #2. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District consists of fewer than 1,000 acres, so St. Lucie County is the establishing entity under 190.005 (2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs. St. Lucie County St. Lucie County will incur costs reviewing the petition and its supporting exhibits. In addition, the County will hold a public hearing to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commissioners. However, even these costs to the County are modest for a number of reasons. First, review of the petition to establish the District does not Page 3 of 10 April25,2001 '-" '-' include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Finally, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. These one-time costs to the County are offset by the filing fee that accompanies this petition. The annual cost to the County is also low because of the establishment of the proposed District. The proposed District is an independent unit of local government. The only annual cost the County faces is the minimal cost of receiving and reviewing the various reports that the District is required to provide to the County. t 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the CDD to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. By State law debts of the CDD are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. 4 . Table 2 provides an outline of the various facilities and services the proposed District may provide. The District plans to fund the major arterial roads, portions of the local roadways, landscaping, portions of the parks and recreation facilities, drainage and the utilities. The major roadways will be dedicated to the County and the County will be responsible for their upkeep. The other roadways in the community will be funded by the developer and by the District. The roadways funded by the developer will be private roads dedicated to a property owners association (POA) for operation and maintenance. The remaining local roadways will be funded, operated, and maintained by the District. The District and the POA will share the responsibilities for owning, operating and maintaining the landscaping. The District is responsible for the landscaping on public roadways and the POA is responsible for the private areas. This same arrangement is planned for the parks and recreation facilities that serve the property owners in this District. Page 4 of 10 April 25, 2001 - '-' ....., The District will retain ownership of the drainage systems, and the District will maintain these systems. The District will fund the community's utility systems. These systems will either be retained by the District for upkeep, or they will be dedicated to either the S1. Lucie West Services District or to the City of Port S1. Lucie for operation and maintenance. Table 2. Westchester Community Development District #2 Proposed Facilities and Services FACILITY Major arterial roads Other roads Landscape Parks & recreation Drainage Utilities FUNDED BY COD COD/Developer COD COD/Developer COD COD O&M BY County CDD/POA CDD/POA CDD/POA COD CDD/St. Lucie W. Svc. District/City OWNERSHIP County CDD/POA CDD/POA CDD/POA COD CDD/S1. Lucie W. Svc. District/City 4 The petitioner has estimated the costs for providing the capital facilities outlined in Table 2. The cost estimates are shown in Table 3 below. Total costs for these facilities are estimated to be approximately $4,382,510. To fund this construction program the District may issue special assessment or other revenue bonds. These would be repaid through non-ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Table 3. Cost Estimate for District Facilities Westchester Community Development District #2 Category Total Phase 1 Phase 2 Phase 3 Phase 4 Roads $1,846,500 $646,275 $276,975 $461,625 $461,625 Drainage $1,414,800 $495,180 $212,220 $353,700 $353,700 Utilities $317,000 $110,950 $47,550 $79,250 $79,250 Contingency $357,830 $125,241 $53,675 $89,458 $89,458 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- Total $3,936,130 $1,377,646 $590,420 $984,033 $984,033 In addition, as noted above, District #2 will also share in the benefits of the master community improvements that will be provided by District #1. If the other three community development districts are approved, District #1 will fund the master community improvements (major arterial roads, master drainage facilities, backbone water and sewer systems, etc.) benefiting all of the lands in all of the districts. Table 4 provides projections for the costs and timing of these community facilities. Page 5 of 10 April 25. 2001 -.-..- ~- '-' .."", Table 4. Westchester Community Development District #2 Community Facilities Funded by District #1 Category Total Phase 1 Phase 2 Phase 3 Phase 4 Roads -"-. $11,964,900 $5,982,450 $2,991,225 $1,794,735 $1,196,490 Drainage $3,509,200 $1,754,600 $877,300 $526,380 $350,920 Utilities $2,063,700 $1,031,850 $515,925 $309,555 $206,370 Contingency $1,753,780 $876,890 $438,445 $263,067 $175,378 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- Total $19,291,580 $9,645,790 $4,822,895 $2,893,737 $1,929,158 The costs shown in Table 4 will be distributed among the various districts based upon the benefits that properties within each district receive from the master improvements. The ultimate distribution of the costs according to the benefits received will be memorialized in: (1) a set of inter local agreements among the various districts and (2) a master assessment methodology approved by all four districts. Although the exact nature of these agreements cannot be known at this time, the benefits of the master improvement program can be estimated and distributed among the districts according to a three-step methodology. . First, the benefits of the roadway system are distributed based on trip generation rates. Second, the costs for the master drainage system are allocated to benefiting lands on the basis of acreage. Third, the costs for utilities are divided based on the number of equivalent residential units. Finally, the costs of the contingencies are included in each of the three cost categories described above. There are a number of accepted methods for measuring the benefits of a roadway improvement program, however, the most widely used method is based upon trip generation rates. The theory is straightforward; land uses generate trips on the district's roadways. The roadways are designed to accommodate the trips. Trip rates are available from the Institute of Transportation Engineers 1. Table 5 provides the calculations for distributing the costs of the master roadway improvements among the proposed districts. Table 5. Distribution of Costs for Master Roadway Improvements Category Single Family Multifamily Retail Office Hotel Trip Rate CDD#1 CDD#2 CDD#3 CDD#4 Total 9.57 ° 0 8,259 24,040 32,299 6.63 ° ° 1,903 5,556 7,459 50 6,250 0 ° 22,500 28,750 12.5 981 24,031 ° ° 25,013 6,69 ° ° 0 2,007 2,007 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- 7,231 24,031 10,162 54,103 95,527 7,57% 25,16% 10,64% 56,64% 100,00% $996,297 $3,310,945 $1,400,048 $7,454,100 $13,161,390 % Trips Cost allocated 'Institute of Transportation Engineers (1997) Trip Generate 6"' Edition. Washington:D,C, Page 6 of 10 April 25. 2001 - -- '-'" ...",; As was the case for roadways, there are numerous methodQlogies used to measure the benefits flowing from a drainage system. One of the most widely used is acreage. The theory is that every developable acre in the districts benefit from drainage. Table 6 provides the estimates for the proposed districts. Table 6. Distribution of Costs for Master Drainage Improvements Category Acreage % Acreage Cost allocated CDD#1 74.25 4.43% $170,833 CDD#2 257.45 15.35% $592,337 CDD#3 463.60 27.63% $1,066,644 CDD#4 882.44 52.60% $2,030,305 Total 1,677.74 100.00% $3,860,120 Equivalent residential units are the basis for assessing the benefits of the master utility improvements. These improvements are sized on the basis of equivalent residential connections. Table 7 displays the distribution of these costs. Table 7. Distribution of Costs of Master Utility Improvements Category Single Family Multifamily Retail Office Hotel %ERU Cost allocated ERUs CDD#1 CDD#2 CDD#3 CDD#4 Total 1 0 0 863 2,512 3,375 1 0 0 287 838 1,125 0,5 63 0 0 225 288 0.25 20 481 0 0 500 1.5 0 0 0 450 450 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- 82 481 1,150 4,025 5,738 1.43% 8.38% 20.04% 70.15% 100,00% $32,492 $190,153 $454,983 $1,592,442 $2,270,070 Table 8 brings these various estimates together for each of the proposed districts. Costs per acre are also shown. The costs per acre vary significantly across the various districts because of the unique nature of the land uses within each of the districts. Table 8. Summary of Total Allocations for Master Improvement Costs Land Use Total Total per acre CDD#1 $1,199,622 $16,157 CDD#2 CDD#3 CDD#4 $4,093,436 $2,921,675 $11,076,847 $15,900 $6,302 $12,553 Total $19,291,580 $11,499 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services, as well as a proportionate share of the cost of operations and maintenance of the master improvements. Page 7 of 10 April 25. 2001 '-' ., It is important to note that the various costs outfined in Tables 3 and 8 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners association common to most mixed- use developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to aëcept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer-bank loans. Finally, Florida law requires the full disclosure of the existence of the proposed District and of its assessments. Therefore, prospective landowners are fully apprised of the impact of the District on any lands they may purchase. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. St. Lucie County has an estimated population that is greater than 10,000 in the most current census (2000). Therefore, the County is not defined as a "small" county according to Section 120.52, F.S. 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory Page 8 of 10 April 25. 2001 '"'" ...., costs and benefits. Inputs were received from the Developer'.s Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the proposed District is the best alternative to provide community facilities and services to the project. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Tables 3 and 8 in a fashion similar to the proposed District. However, unlike the District, the alternatives would require the County to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the District. Furthermore, a District is preferable from a governmental accountability perspective. With a District as proposed, residents and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to resident needs without disrupting other County responsibilities. Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations. This is a plus for the County and for property owners and renters in the District. Page 9 of 10 April 25. 2001 ""'" ...., APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT FLORIDA STATUTE CITE Annual Financial Audit 11.45 Annual Financial Report (AFR) 218.32 TRIM Compliance Report 200.068 Form 1 - Limited Financial Disclosure 112.3144 Public Depositor 215 Proposed Budget 218.34 Public Facilities Report 189.415 Public Meetings Schedule 189.417 Bond Report 218.38 Registered Agent 189.417 Page 10 of 10 DATE 12 months after end of fiscal year by March 31 130 days after by July 1 by November 15 by September 1 March 1 beginning of fiscal year When issued 30 Days after . April 25, 2001 COMMISSION ACTION: Œ APPROVED D DENIED D OTHER 5-0 v To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEN DATION: County Attorney Originating Dept.: Finance: '-' '" Agenda Request ~M August 21, 2001 Item Number Date: Consent Regular Public Hearing Leg. [ X I [ [ ] [ X ] Quasi-JD [ ] Board of County Commissioners Community Development . Consider Draft Ordinance 01-012 granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of an uniform communit development district to be known as 'Westchester Community Development District No.3' as a thorized and provided for in Chapter 190, Florida Statutes. The Westchester Development Company has filed a petition with St. Lucie County for the establishment of the Westchester Community Development District No.3, consistent with the requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended. Westchester CDD No. 3 is proposed to occupy 463.60 acres and is located at the northwest comer of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. The attached Exhibit provides a general location map for the boundaries of Westchester CDD NO.3. Ultimately, development in this district will provide for 863 single-family units and 287 multiple- family units. The petition for Westchester CDD No.3 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrastructure to permit the development of Westchester COO NO.3. This infrastructure includes the project's stormwater management system, internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated capital costs of these facilities to be paid through the formation of COD NO.3 is $19,645,200, Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non- ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. N/A Staff recommends approval of Draft Ordinance 01-012. 4 .... Douglas M, Anderson County Administrator Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEN0584) """ ...., Commission Review: August 21,2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division ~ MEMORANDUM TO: County Commission FROM: Interim Community Development Director . DATE: August 14, 2001 SUBJECT: Consider Draft Ordinance 01-012 granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of an uniform community development district to be kñown as "Westchester Community Development District No.3" as authorized and provided for in Chapter 190, Florida Statutes. LOCATION: Northwest comer of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. EXISTING ZONING: AG-1 (Agricultural- 1 du/acre) FUTURE LAND USE: MXD - Gatlin Boulevard and RU (Residential Urban) PARCEL SIZE: 463.60 acres SURROUNDING ZONING: AG-1 (Agricultural - 1 du/acre) SURROUNDING LAND USES: The general existing use surrounding the property is vacant pasture land and citrus groves. The Future Land Use Classification of the surrounding area is MXD - Gatlin Boulevard and RU (Residential Urban) further to the west. UTILITY SERVICE: Water and sewer service is to be provided by Port St. Lucie Utilities, St. Luce West Utilities, or the Westchester Community Development District No.3. As part of the pending development of regional impact for the Westchester project, a final determination on the specific service provider will be made. . ******************************************** The Westchester Development Company has filed a petition with St. Lucie County for the establishment of the Westchester Community Development District No.3, consistent with the ~ '-' August14,2001 Page 2 Subject: Westchester Community Development District No.3 requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended. 4 In 1980, the Florida Legislature created the "Uniform Community Development District Act of 1980." The purpose of this Act is to define a uniform, focused, and fair procedure in state law to provide a reasonable alternative for the establishment, power, operation, and duration of independent districts to manage and finance basic community development services, In establishing these regulations, the legislature determined that based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and economic way to deliver basic community development services, thereby providing a solution to the stat~'s planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers. In providing for the establishment of these districts, the legislature made its intent very clear in Chapter 190, Florida Statutes, that no Community Development District could have or exercise any zoning or development permitting power and that the establishment of an Independent Community Development District as provided for in this Act is not a development order within the meaning of Chapter 380, Florida Statutes, and that all applicable planning and permitting laws, rules, regulations, and policies of the recognized local government in the area shall control the development of the land to be serviced by the district. A District shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. Furthermore, the Legislature has required that no debt or obligation of a Community Development District is to constitute a burden on any local general- purpose government without the consent of the local government. Chapter 190.005, Florida Statutes, provides that the exclusive and uniform method for the establishment of a Community Development District of less than 1,000 acres in size shall be pursuant to an ordinance adopted by the County Commission of the County having jurisdiction over the majority of land in the area in which the district is to be located. The Westchester DRI (Development of Regional Impact) is to be a master planned, mixed-use community. The DRI is proposed to contain approximately 2,000 acres and will consist of approximately 4,500 residential units, 2,001,000 square feet of office space, 575,000 square feet of retail space, and 300 hotel units. Community development districts are planned to affect 1,678 of these acres. The Westchester Development Company is proposing to establish 4 separate community development districts to fund the infrastructure necessary and provide the long-term community maintenance for the Westchester DR!. Each of these districts is to focus on the unique characteristics and requirements of the land contained within their respective boundaries. Westchester Community Development District No. 1 (COD No.1) is proposed to serve the initial commercial area of the project. Westchester Community Development District No.2 (CCD No. 2) is proposed to serve the planned corporate office park, which will include a civic/school site. Westchester Community Development District No. 3 (COD No.3) is proposed for residential uses only. Westchester Community Development District No. 4 (COD No.4) is proposed to have a town center with retail uses at the core with the surrounding areas designated for additional residential uses. Westchester COD No, 3 is proposed to occupy 463.60 acres and is located at the northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. The attached Exhibit provides a general location map for the boundaries of Westchester COD NO.3. '-' -...I August 14,2001 Page 3 Subject: Westchester Community Development District No, 3 Ultimately, development in this district will provide for 863 single-family units and 287 multiple- family units. Section 190.012, Florida Statues, outlines the specific powers that a Community Development District may be authorized or empowered to undertake though its initial charter. These possible powers include the ability to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: a, Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. b. Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. d. District roads equal to or exceeding the specifications of the county in which such district roads are located, and streetlights. e. Buses, trolleys, transit shelters, ride sharing facilities and services, parking improvements, and related signage. f. Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. g. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380.06 or s. 380.061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located. In addition, a Community Development District may request that the appropriate unit of local general-purpose government grant to the district powers that would permit the district to undertake the responsibility for the planning, establishment, acquisition, construction or reconstruction, enlargement, extension, equipping, operation, and maintenance of additional systems and facilities for the following: a. Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. b. Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment. '-' ....., August 14, 2001 Page 4 Subject: Westchester Community Development District No, 3 c. School buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board. d. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. e, Control and elimination of mosquitoes and other arthropods of public health importance. f. Waste collection and disposal. The petition for Westchester COD No. 3 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrastructure to permit the development of Westchester COD No.3. This infrastructure includes the project's stormwater management system, internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated capital costs of these facilities to be paid through the formation of COD No.3 is $19,645,200. Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non- ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. Attached is a copy of Draft Ordinance 01-012 that provides for the establishment of the Westchester COD No.3. This ordinance addresses the requirements of Chapter 190.005(2), Florida Statutes. In addition, this Ordinance includes the following recommended special conditions: 1. The powers and responsibilities of the Westchester Community Development District No. 3 shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other by products of such system or sewer system; (c) Bridges or culverls that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways '-' '-' August 14,2001 Page 5 Subject: Westchester Community Development District No.3 over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut; (d) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (g) Parks and facilities for indoor and outdoor recreational, cultural and educational uses; (h Fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (i) School buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; and, üJ Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. The Commission further consents to provide the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. ""'" '" August 14, 2001 Page 6 Subject: Westchester Community Development District No, 3 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located or acquired within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the Community Development Described in #2 above. Staff recommends approval of Draft Ordinance 01-012. SUBMITTED: p elopment Director DJMI Westchestercdd3memo3(h) cc: County Administrator County Attomey Finance Director Management & Budget director Public Works Director Planning Manager Paul J. Hegener, Westchester Development Company Noreen Dreyer, Esquire - Ruden, McClosky, Smith, Schuster & Russell, PA Denise J. Ganz, Esquire - Ruden, McClosky, Smith, Schuster & Russell, PA 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 '-' '" ORDINANCE 01-012 t AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO. 3; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND SETTING FORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the County. . 2. Westchester Development Company, a Florida Corporation, has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(1)(a), Florida Statutes. 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes, the Board held a public hearing on August 21, 2001, after publishing notice of such hearing in the Ft. Pierce Tribune and the Port S1. Lucie News on July 24, July 31, August 7, and August 14, 2001. (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005 (I) (e), Florida Statutes, and has found that: . (b) All statements contained within the petition are true and correct; Ordinance 01-012 1st Draft Page 1 Print Date: 08/14/01 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 '-' """" (c) The creation of this district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; i (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (e) The district is the best alternative available for delivering the community development services and facilities to the area that will be served by the district; (f) the community development services and facilities for the district will be compatible with the capacity and uses of the existing local and regional community development services and facilities; and, (g) The area that will be served by the district is amenable to separate special district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. ARTICLE IX "WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.3" OF CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ: Section 1-6.5-100. Established; name The Westchester Community Development District NO.3 is hereby established. Section 1-6.5-101. Boundaries The boundaries of the Westchester Community Development District NO.3 are as set forth in the legal description contained in the attached Exhibit "An, Ordinance 01-012 1st Draft Page 2 Print Date: 08/14/01 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 '-" '" Section 1-6.5-102. Initial Board of Supervisors. The following five persons are designated as the initial members of the Board of Supervisors of the Westchester Community Development District No.3: John E. Abdo, Paul J. Hegener, James L. Zboril, James H. Anderson, and Donald C. Petersen. Section 1-6.5-103. Special Conditions. The following special conditions shall apply to the creation, operation, and existence of Westchester Community Development District No.3: 1. The powers and responsibilities of the Westchester Community Development District No.3 shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, eAlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system; (c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of- way, highway, grade, fill, or cut; (d) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; Ordinance 01-012 1st Draft Page 3 Print Date: 08/14/01 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 '-" '.I (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (g) Parks and facilities for indoor and outdoor recreational, cultural and educational uses; (h) Fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (i) School buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; and, U) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. The Commission further consents to provide the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. Ordinance 01-012 1st Draft Page 4 Pri nt Date: 08/14/01 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 '-' ....., 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of S1. Lucie County. 4. No publicly owned property that may be located or acquired within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the Community Development Described in section 1.6-5.101 above. PART B. CONFLICTING 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 C. SEVERABILITY. 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. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout S1. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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. Ordinance 01-012 1st Draft Page 5 Print Date: 08/14/01 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 '-' ..., PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairwoman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx Commissioner Cliff Barnes xxx PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be re-numbered or re- lettered to accomplish such intention; provided, however, that Parts B through H shall not be codified. PASSED AND DULY ADOPTED This 21st Day of August 2001. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman Ordinance 01-012 1st Draft Page 6 Print Date: 08114101 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 '-' """" ATTEST: APPROVED AS TO FORM AND CORRECTNESS: f Deputy Clerk County Attorney DJM OR01-012(h) Ordinance 01-012 1st Draft Page 7 Print Date: 08/14/01 '-' ...., August 14, 2001 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County land Development Code, you are hereby advised that Westchester Development Company has petitioned St. Lucie County for the establishment of a uniform community development district to be known as "Westchester Community Development District No, 3" as authorized and provided for in Chapter 190, Florida Statutes, and based upon the factors listed in Section 190.005(1)(e), Florida Statutes. A PUBLIC HEARING on Ordinance 01-012 will be held before the St. Lucie County Board of County Commissioners on Tuesday, August 21,2001, at 7:00 P.M. or as soon thereafter as possible, in the County Commission Chambers, 3rd floor of the County Administration Annex, 2300 Virginia Avenue, Ft. Pierce, Florida, to consider the petition filed by Westchester Development Company. 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 land area to be served by the district is located in St. Lucie County, Florida and comprises approximately 463.60 contiguous acres. The boundaries of the properties to be serviced by the proposed Westchester Community Development District No. 1 are outlined on the attached map. There is no real property within the boundaries of the district, which will be excluded from the district. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 561/462-1777 or TDD 561/462-1428 at least forty-eight (48) hours prior to the meeting. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you have any questions, please call 561/462-1586 and refer to Ordinance 01-012. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 1~/~!khi Frannie Hutchinson, '~hairwoman JOHN D, GRUHN. D"trict No 1 . DOUG COWARD, District No 2 . PAULA A LEWIS, Disrrict No, J . FRANNIE HUTCHINSON, DIStrict No, 4 . CLIFF GARNES, DwictNo, 5 County Administrator - Douglas M_ Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 · Planning: (561) 462-2822 . GISlTechnical Services: (561) 462-155J Economic Development: (561) 462-1550 · Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 · Fax: (561) 462-2132 (V) ::t}: >- -+--' Þ 0 c 0 ::J C Ü 0 ::J '- 0 0 <D 0 -+-' (f) Q) <D C ...c: 0 ~ ü ::J t -+-' -.J .ý~ (f) C\1 <D ..." S - 2 -+--' D U) 05'<9 Z) ~6 PCi aU!l a5UBCi '-' .."",¡ -0 > CD P^18 BSOJ!V (t êi5 :> (t E ·C 0.. "0 > ã5 "'if> (\) 7- ~ ·0 3 (j) Cashmere Blvd P^18 BUO^BS California Blvd -0 > CD .~ (ú ø -1'" z >. ¡¡ ~ *~~ ê-§§ ~"'~ ~ ~.~ ~¡;E .2?t=:Ö ~~.." i j} w " '" J ~~~ ( .!! CD ø U a. 't:I UI U1 d~ 8,.9i U Hi I "D~:¡; Q. tl~ : ::I'", 0 H~ 2'" & ~f~ .. ~ H~ . w J ~ on d o Existin9.Jtormwater Outfall to SFWM D C-2~ Canal (via Peacock Canal) '-' 800 ~- CDD-3 463.60 Ac. Community Development District #3 Notes: 1. There are no existing water or sewer interceptors on-site. 2. The existing stormwater outfall is at the northeast property comer. WESTCHESTER o SCAl!: IN f'EET N 800 1600 '-' ...., COUNTY COMMISSION f ST. LUCIE COUNTY, FLORIDA IN RE: PETITION FOR PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, TO ESTABLISH THE WESTCHESTER NO.3 COMMUNITY DEVELOPMENT DISTRICT JUt I 92001 I PETITION FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT On its own behalf, and through its undersigned attorney, Westchester Development Company, a Florida corporation (the "Petitioner"), being the owner of one hundred percent (100%) of the property (the "Property") legally described on Exhibit A annexed hereto and made a part hereof, located in unincorporated St. Lucie County, Florida (the "County"), hereby petitions the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Commission") in accordance with Section 190.005(2) of the Unifonn Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act") to establish a community development district comprising the Property (the "District") pursuant to the Act and other applicable law, and in support thereof, hereby attests as follows: 1, That Petitioner is a Florida corporation with its principal place of business at 1850 Fountainview Boulevard, Suite 201, Port St. Lucie, Florida, 34986. 2. That the land area to be served by the proposed District comprises approximately 463.60 acres. All lands in the proposed area are located wholly within the jurisdictional boundaries ofthe County. 3. That annexed hereto as Exhibit A and made a part hereof is a metes and bounds description of the external boundaries of the proposed District. No real property within the external boundaries of the proposed District is to be excluded therefrom. 4. That annexed hereto as Exhibit B and made a part hereof is evidence of the written consent to the establishment of the proposed District by the owner of one hundred percent (100%) of the real property to be included in the District. FTL:768934:2 '-' 'will 5. That the following five (5) persons shall be the initial members of the Board of Supervisors of the proposed District, each of whom is a resident of the State of Florida and a citizen of the United States, and eaeh of whom shall serve in that office until replaced by elected members as provided in Section 190.006 ofthe Act: a, John E. Abdo 1350 Northeast 56 Street, Suite 200 Fort Lauderdale, FL 33334 b, Paul J. Hegener 1850 Fountainview Boulevard, Suite 20 I Port St. Lucie, Florida, 34986 c, James L. Zboril 1850 Fountainview Boulevard, Suite 20 I Port S1. Lucie, Florida, 34986 d. James H. Anderson 1850 Fountainview Boulevard, Suite 201 Port S1. Lucie, Florida, 34986 e. Donald C. Petersen 1850 Fountainview Boulevard, Suite 201 Port S1. Lucie, Florida, 34986 6. That the name of the proposed District is the "Westchester No.3 Community Development District." 7. That annexed hereto as Exhibit C and made a part hereof is a map of the proposed District showing current major trunk water mains and sewer interceptors and outfalls if in existence. 8. That annexed hereto as Exhibit D and made a part hereof, based upon available data, is a good faith estimate of the timetable for construction of the proposed District's systems, services and facilities and the estimated cost of constructing the same, both of which estimates are subject to change. 9. That annexed hereto as Exhibit E and made a part hereof is a designation of the future general distribution, location, and extent of public and private uses of land proposed for the area within the proposed District by the future land use plan element of the effective local government comprehensive plan. 10. That annexed hereto as Exhibit F and made a part hereof is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes. FTL: 768934:2 2 '-' ...., 11. That the creation of the proposed District is not inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. ~ 12. That the Property to comprise the proposed District is of sufficient SIze, compactness, and contiguity to be developable as one functional interrelated community. 13, That the creation of the proposed District presents the best altemative available for delivering the community development facilities and services to the Property that will be served by the proposed District. 14. That the community development facilities and services of the proposed District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities. 15. That the Property to compnse the proposed District IS amenable to separate special-purpose government. 16. That all statements contained within this Petition are true and correct. In addition, Petitioner requests that the Commission consent to the District's exercise of the powers set forth in Sections 190.012(2) (a), (b), (c) and (d) of the Act, thereby enabling the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (I) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (2) fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (3) school buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; (4) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; and (5) that the Commission further consent to the exercise by the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development pennits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. . FTL:768934:2 3 '-' ..." WHEREFORE, Petitioner, Westchester Development Company, a Florida corporation, hereby respectfuJly requests the Commission to: A. Direct its staff to notice, as soon as practicable, a local public non-emergency hearing pursuant to the requirements of Section 190.005(2)(b), (c) and (e) of the Act to consider whether to grant the petition for the establishment of the proposed District and to enact an ordinance establishing the proposed District. B. Grant the petition and enact an ordinance pursuant to the Act and other applicable law, creating a community development district comprised of the Property to be known as the "Westchester No, 3 Community Development District." C. Contemporaneously with enacting the ordinance referred to above, adopt a resolution authorizing the District to exercise certain supplemental powers as described herein. RESPECTFULLY SUBMITTED this 1J!!2 day of Tv Iv ,2001. I WESTCHESTER DEVELOPMENTCOMPANY ~¡;~e ~~.¿ø~~ , STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrumüt was acknowledged before. me, this .I qf1.. day of Tutffi ' 2001, by J) J: H~&neY' , the to"'t"'<./IJc,.,+- of W.§.S-TCHESTER DEVEL MENT COMPANY, who is personally known to me [--1 or produced as identification. Notary Public Printed Name: l f))~ t o.....~9.V PI/<9.;, ~1RLE'f &sMITH ~ c,¡ COMMISSION NUMBER ... <t' D0015824 ""10 ~ MYOOMMISSIONEJ<I'IRES OF f\.O MAY 4 2005 FTL:768934:2 4 fTL:768934:2 '-' ...., EXHIBIT A LEGAL DESCRIPTION/METES AND BOUNDS DESCRIPTION 4 t . . - LAW'S'ON, NOBLE &WEBB;1NC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 . LEGAL DESCRIPTION: (C.O.D. - 3) A PARCEL OF LAND LYING IN SECTIONS 8, 9 & 10, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF GATLIN BOULEVARD (ALSO BEING THE NORTH LINE OF SECTION 15) AND THE WESTERLY LIMITS OF GATLIN BOULEVARD RIGHT-OF-WAY AND THE WESTERLY LIMITS OF THOSE LANDS DESCRIBED IN AN ORDER OF TAKING DATED JULY 4, 1979 AND RECORDED IN OFFICIAL RECORDS BOOK 311, PAGES 2946 THROUGH 2952, INCLUSIVE PUBLIC RECORDS OF SAID ST. LUCIE COUNTY AND AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY MAPS FOR STATE ROAD NO.9 (1-95), SECTION 94001 - 2412, DATED 06/02177, WITH LAST REVISION OF 09/11/79 (THE ABOVE DESCRIBED WESTERLY LIMITS OF GATLIN BOULEVARD BEAR SOUTH 00·01'45" V\,EST AND ALL BEARINGS ARE RELATIVE THERETO); THENCE SOUTH 89·57'05" WEST, A DISTANCE OF 696.94 FEET; THENCE NORTH 00·02'55" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 00·00'00· WEST A DISTANCE OF 46.73 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 766.00 FEET; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34·53'43" AN ARC DISTANCE OF 466.52 FEET TO A POINT OF TANGENCY VVlTH A LINE; THENCE NORTH 34·53'43" EAST ALONG SAID LINE A DISTANCE OF 324.06 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 100.00 FEET (THE RADIUS POINT BEARS NORTH 64·53'43" EAST FROM THIS POINT); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 108·04'24" AN ARC DISTANCE OF 188.62 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 07"01 '53" EAST FROM THIS POINT);THENCE NORTH 22·58'07" EAST A DISTANCE OF 88.21 FEET TQ A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 700.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36·00'55" AN ARC DISTANCE OF 440.01 FEET TO A POINT OF NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ~ G RY R. FRO, PSM PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. NO. 4981 DATE: 3.;~-oÞ. NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THIS INFORMATION SHOWN HEREON. REVISIONS- ATES DATE BY CK'D NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. JOB NO.: B379 BY: WH CHECKED: GRB F.B.: N/A PG.: N/A SHEET 1 OF 6 LAWS'ON, NOBLE &WEBB':'INC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 f TANGENCY WITH A LINE; THENCE NORTH 13·02'47" WEST ALONG SAID LINE A DISTANCE OF 84.45 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90·00'00" WEST A DISTANCE OF 1289.58 FEET; THENCE SOUTH 00·00'00 WEST A DISTANCE OF 248.00 FEET; THENCE NORTH 90·00'00" WEST A DISTANCE OF 200.02 FEET; THENCE NORTH 00·00'00" EAST A DISTANCE OF 20.00 FEET; THENCE NORTH 90·00'00 WEST A DISTANCE OF 129.71 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 500.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18·02'57" AN ARC DISTANCE OF 157.51 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 71·57'03" WEST ALONG SAID LINE A DISTANCE OF 191.23 FEET TO A. POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 500.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18·02'57" AN ARC DISTANCE OF 157.51 FEET TO A POINT OF TANGENCY WITH A LINE; THENce NORTH 90·00'00" WEST ALONG SAID LINE A DISTANCE OF 556.48 FEET; THENCE SOUTH 00·14'07" WEST A DISTANCE OF 969.18 FEETTOA POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 300.00 FEET (THE RADIUS POINT BEARS SOUTH 19·14'10" EAST FROM THIS POINT); THENCE SOUTHERLY .ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70·48'46" AN ARC DISTANCE OF 370.77 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS NORTH 89·56'~" EAST FROM THIS POINT); THENCE SOUTH 89·57'05" WEST A DISTANCE OF 4508.45 FEET; THENCE NORTH 00·00'15" WEST A DISTANCE OF 2492.65 FEET; THENCE NORTH 89·59'45" EAST A DISTANCE OF 172.11 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 178.00 FEET (THE RADIUS POINT BEARS SOUTH 01·48'45" EAST FROM THIS POINT); THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF OT37'32" AN ARC DISTANCE OF 23.69 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1910.00 FEET (THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 178.00 FEET BEARS SOUTH 05·48'47" WEST FROM THIS POINT AND THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 1910.00 FEET BEARS SOUTH 12· 44'20" WEST FROM THIS POINT); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1910.00 FEET THROUGH A CENTRAL ANGLE OF 15·06'26" AN ARC DISTANCE OF 503.61 FEET TO A PONT OF INTERSECTION WITH A NON-RADIAL LINE (THE RADIUS POINT BEARS SOUTH 2T50'46" WEST FROM THIS POINT); THENCE NORTH 28·35'46" EAST ALONG SAID LINE A ÐISTANCE OF 131.77 FEET; THENCE SOUTH 5T54'11" EAST A DISTANCE OF 487.71 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 951.02 FEET (THE RADIUS POINT BEARS NORTH 32"18'14" EAST FROM THIS POINT); THENCE SOUTHEASTERLY AND EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42·25'02" AN ARC DISTANCE OF 704.06 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 79·53'12" EAST ALONG SAID LINE A DISTANCE OF 9.15 FEET; THENCE NORTH 33·02'56" EAST A DISTANCE OF 34.89 FEET; THENGE NORTH 12·43'13" WEST A DISTANCE OF 124.29 FEET TO A POINT OF NON- RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 2410.00 FEET (THE RADIUS POINT BEARS SOUTH 13·47'04" EAST FROM THIS POINT); THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11·25'28" AN ARC DISTANCE OF 480.54 FEETTO A POINT OF TANGENèY WITH A LINE; THENCE NORTH 8T38'24" EAST ALONG SAID LINE A DISTANCE OF 34.41 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1150.00 FEET (THE RADIUS POINT BEARS SOUTH 81·57'30" WEST FROM THIS POINT); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12·06'52" AN ARC DISTANCE OF 243.15 FEET TO A POINT JOB NO.: B379 BY: JDM CHECKED: GRB F.B.: N/A PG.: N/A SHEET 2 OF 6 LA~ON, NOBLE &WEBB';1NC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 . OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 69·50'38" WEST FROM THIS POINT); THENCE NORTH 49·36'24" EAST ALONG SAID LINE A DISTANCE OF 39.14 FEET; THENCE NORTH 29'13'49" WEST A DISTANCE OF 280.04 FEET; THENCE NORTH 07"13'39" WEST A DISTANCE OF 222.22 FEET; THENCE NORTH 03·00'12" EAST A DISTANCE OF 59.95 FEET; THENCE NORTH 02'11'39" WEST A DISTANCE OF 42.13 FEET; THENCE NORTH 06·57'04" WEST A DISTANCE OF 111.41 FEET; THENCE NORTH 03·16'44" WEST A DISTANCE OF 68.54 FEET; THENCE NORTH 17"51 '33" WEST A DISTANCE OF 60.24 FEET; THENCE NORTH 35·24'06" EAST A DISTANCE OF 74.68 FEET; THENCE NORTH 71·44'37" EAST A DISTANCE OF 22.94 FEET; THENCE SOUTH 59·47'08" EAST A DISTANCE OF 74.32 FEET; THENCE SOUTH 77"49'24" EAST A DISTANCE OF 187.22 FEETTOA POINT IN A NON-RADIAL CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 175.00 FEET (THE RADIUS POINT BEARS SOUTH 55·15'36" EAST FROM THIS POINT); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE'THROUGH A CENTRAL ANGLE OF 56·40'32" AN ARC DISTANCE OF 173.11 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 550.00 FEET (THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 175.00 FEET BEARS SOUTH 01·24'57" VVEST FROM THIS POINT AND THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 550.00 FEET BEARS SOUTH 72·38'57" EAST FROM THIS POINT); THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 550.00 FEET THROUGH A CENTRAL ANGLE OF 27"38'57" AN ARC DISTANCE OF 265.41 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 45·00'00" EAST ALONG SAID LINE A DISTANCE OF 1280.54 FEET; THENCE SOUTH 45'00'00" EAST A DISTANCE OF 636.46 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 3100.43 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17"01 '22" AN ARC DISTANCE OF 921.15 FEET TO A POINT OF RADIAL INTERSECTION WITH A LINE; THENCE NORTH 62'01'31" EAST ALONG SAID LINE A DISTANCE OF 342.42 FEET; THENCE NORTH 44·59'45" EAST A DISTANCE OF 335.15 FEET; THENCE SOUTH 48·17'49" EAST A DISTANCE OF 1090.57 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 125.01 FEET (THE RADIUS POINT BEARS SOUTH 27"42'37" EAST FROM THIS POINT); THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 119·24'35" AN ARC DISTANCE OF 260.53 FEET TO A POINT OF NON- RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS NORTH 88'18'02" \/VEST FROM THIS POINT); THENCE NORTH 90·00'00" EAST ALONG SAID LINE A DISTANCE OF 1127.29 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 100.00 FEET (THE RADIUS POINT BEARS SOUTH 79'13'20" EAST FROM THIS POINT); THENCE SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70·47'31" AN ARC DISTANCE OF 123.56 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS NORTH 29·59'08" EAST FROM THIS POINT); THENCE SOUTH 0_0'00'52" EAST ALONG SAID LINE A DISTANCE OF 659.82 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2041.35 FEET (THE RADIUS POINT BEARS SOUTH 89·59'13" EAST FROM THIS POINT); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12·51'29" AN ARC DISTANCE OF 458.11 FEET TO A POINT OF TANGENCY WITH A LìNE; THENCE SOUTH 12·50'43" EAST ALONG SAID LINE A DISTANCE OF 282.65 FEET TO THE POINT OF BEGINNING. CONTAINING 463.60 ACRES, MORE OR LESS. JOB NO.: B379 BY: JDM CHECKED: GRB F.B.: N/A PG.: N/A SHEET 3 OF 6 '-' L 1':.,\\' . Lawson, ENGINEERS . PLANNERS . SURVEYORS 590 NW Peacock Bòulevord, Suile 9, Port St. Lucie, Florida 34986 (561) 878-1700 . fox: (561) 878-1802. em ail: Inw-psl@lnw-inc.com West Palm Beach· Port St. Lucie . . Noble . . . . . . . . . ..- & Webb, Inc. LB #6674 SKETCH TO ACCOMPANY DESCRIPTION í CONTINUED SHEET 5 MA TCH LINE f- (I) o --<01 0 oU' . --<'" 0 ÞCo q r", U' - ~ f'\2 rTi '- o o <;J II t.J u..i '" en '" '" w w C)"øo en~:i- 5e: a::.õ ~ui trit:: Ur-- ,....u Wf"I'l f"I")w (/)n (/) ~ e:. ;¡: r ~ '" ~ ~ 0'0 f- f- R~2041.35' .6.=12'51'29" L~458.11' on f- w w If' 2 rn :J o I ~ U Z ~ ¡::.::;; Z o U .. S89·59'13"E ------ RADIAL W ...J <i u (/) CDD.-3 463.60 ACRES +/- S 12·50'43"E 282.65' P.O.8. - ~ ~ãJg f- <t. o<d8 f- "'. -"'0 '" Z w R=500.00' 8' Ll=18·02'57" b ~ L=157.51' ~ 2 a o 2 NI3.02'47"W £\\>.1. 84.45' \ R=700,OO' .6.=36·00'55" --... I L=440,OI' ........, I 88.21' / N22'58'07"E '---.!p.C N.R. .--{. RADIAL R=100.00' _ ¡ i--/S07·01'53"E .6.=108·04'24'1./" ) L=188.62' 7'Í , '-N64·53'43"E / RADIAL / ~ 324.06' ¡,. LN34'53'43"E ~J: N.R. / ~ I ¡¡., 8 C R= 766.00' ": Ò I Ll=34·53·43" ~ ~ L=466.52' 8{ z ~UP'C' 1 100,00' L/" NOO·02'55"W ~S89'57'05"W 696.94' N90·00'OO"W 1289.58' ~ b _ t; ~ o (C . <t 8 N (/) ~ b- ON äq 00 . a ON en Z J..EW, Q; P.O.8. P.O.c. PB. P.c. P .R.C. P.T. R Ll L N.R. OR.8. POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENOTES DELTA DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD 800K SEE SHEET 1 - 3 OF 6 FOR DESCRIPTION B379SK03-1,dwg 3-5-01 11.29.16 n'" EST JOB No. B379 BY: LJH CHECKED: GRB F.B. - PG. DATE: 02-19-01 N '" en N I <D <t "':en r;;~ rq~ 0:;« 0<1. ::;; ~::> . f- ",« <to ;..'" Oz Ocr 0« "'w en Or OCf- «- >~ Ww 5'" 02 en<! ziS -<>: -'w", f-f-m <!ZI "'-- '!? 2 o ¡:: u w (/) w z :J z -~ SHEET 4 OF 6 '-' L I\:A \' . Lawson, ENGINEERS . PLANNERS . SURVEYORS 590 NW Peacock Bóulevard, Suite 9, Port SI. Lucie, Florido 34986 (561) 878-1700 . fox: (561) 878-1802. email: Inw-psl@lnw-inc.com West Palm Beach' Port St. Lucie . . . Noble . . . . . . . ...- & Webb, Inc. LB #6674 . SKETCH TO ACCOMPANY DESCRIPTION W m '" w '" 2 <t mtr 2 ' 0'" ~'"" f-r<) u"- w~ "'I '" Z 3: o f- W m '" w '" 2 <to tr_ '2 "'0 '""~ r<)f- U "-w I'''' '" z 3: o f- to f- w w ~ z '" ::J '" J: W U :) f- Z <r ¡::":::¡;; Z o u R~ 125.0 I' L'.=119·24'3S" L=260,S3' NR. N90'00'OO"E S27·42·37"E ----" '- 1127,29' RADIAL - T ¿N8B018'02"W MATCH LINE RADIAL ,CONTINl£D SHEET 4 NR SOO·00'52"E 659.82' (TOTAL> c.o.D. -3 463.60 ACRES +/- ... f- W W I '" f3 :) Z ¡:: Z o u o o LO II w z ::J J: U f- <t :::; - W ..J <t u (f) (TOTAL> 556.4B' N90·00·OO"W ~ .~ ëo a; ~ cri z_ to å m o en ~ P.O.B. P.O.C. P.B. P.C. P.R.C. P.T. R ð L NR O.R.B. R=300,OO' L'.= 70·4B'46" L~370,77' '!:'.?J \ ú).~ \.....~ .I>.~ \....f"' \0, ---..II'" N89·S6'54"E RADI AL SEE SHEET 1 - 3 OF S89°S7'OS"W 450B.45' nOTAl) 6 FOR DESCRIPTION B379SK03-2,owg 3-~-OI JOB No. B379 PG. BY: LJH CHECKED: GRB F.B. - R=100,OO' ð= 70·47'31" L=123.56' RADIAL 579°13'20"E '-- N29·S9'OB·E RADIAL POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENO TES DELTA DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK 11136113 0.1"\ EST SHEET 5 OF 6 DATE: 02-19-01 ~ P.O.B. P.O.C. P.B. P.C. P.R.C. P.T. R />. L N.R. OR.B. . Lawson, '- . . . Noble L f\:.,\ \' . . . . . . . ...- & Webb, Inc. LB ø6674 ENGINEERS . PLANNERS . SURVEYORS 590 NW Peacock Boulevard, Suite 9, PorI SI. lucie, Florida 34986 (56lJ 878-1700 . fox: (561) 878-1802 . email: Inw-psl@lnw-inc.com West Palm Beach· Port St. Lucie SKETCH TO ACCOMPANY DESCRIPTION POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENOTES DELTA DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK o o \.0 II S77·49·24"E 187.22 S59·47'OB"E 74.32' N71·44'37"E 22.94' N35°24'06"E 74.68' ~ N17°S1' "W 602 N03·16' 4"W 68.5 ' N06·S7'O "W 111.41' N02.,1'39"W 42.13' N03·00'12"E 59.95' N07·13'39"W 222.22' N29°13'49"W 280.04' R= 1150.00' />.= 12·06'52" L=243.15' ~ W -.-J « u (/) SEE DETAIL SO 1°48'45"E RADIAL N49°36'24 "E 39.14'~ j R=24IO,OO' 6= 11·25'28" R=1910,OO' L=480.S4' ?\___ 6=15·06'26" .'<- ':,?l' r L=503,61' ...?'( <;,ç!t:J~\tc ~i...:r - ~r>SJ 34.41' 2 ss",:s-... $'<t¡;. \ P.T. NR. "6'", ',. I ° N.~. " '-----. , " ''''" ~ N12 4313 W ~ 513.47'04"E 581 5730 W I N.R. 124.29' \ RADIAL RADIAL 2 12 N28·3S'46"E N3Y02'56"E I 131.77' P.T, 34.89' S27·50·46"W SI2.44'20"W RADIAL R=951.02' RADIAL 6=42°25'02" L=704.06' , R=178.00' ð.= 7°37'32" N.R. L=23.69' N89·S9'4S"E 172,11' W w m m "., "., w w ..---__ ž!ž! .-- DETAIL:....... CD ~ ~ 0'0 / ;/ NTS "z" z " 8UJ UJO I \f-r- ....¡: R=178.00' u r<) r<) U I />.=7"37'32" \~ e, e, ~ \ r, r / N.R. L=23.69· R=1910,OO'\ ~ ~ ¡N89·59'45"E 6=15'06'26"\ :;: , :;: 172.11' L~503.61' I g g I I \501·48'45"E ~ LS05·48'47"W \ RADIAL I RADIAL I \" J ~ ,\SI2~44'20"W I / ~ RADIAL / ;/ ...........--L ...-'" :;: ~ÎrJ -<0 åN om . v gN Z ~~~~~~ S89·57'05"W 4508.45' (TOT AU SEE SHEET 1 - 3 OF 6 FOR DESCRIPTION JOB No. B379 BJ79SKOJ-J,dwg 3-5-01 I1,J9'10 QI'> EST BY: lJH CHECKED: GRB F.B. - PG. DATE: 02-19-01 4 w i'S ...J r u f- « ::¡; ¡() ·tJ w r '" o w => Z ¡: Z o u SHEET 6 OF 6 '-" ...., EXHIBIT B EVIDENCE OF WRITTEN CONSENT OF OWNER"S CONSENT TO ESTABLISHMENT OF WESTCHESTER NO.3 COMMUNITY DEVELOPMENT DISTRICT ~ Westchester Development Company, a Florida corporation ("Owner"), hereby certifies that it is the owner of certain property located in St. Lucie County, Florida, more particularly described on Schedule A hereto (the "Property"). By signing below, the Owner hereby gives its full consent to the establishment by St. Lucie County, Florida of the WESTCHESTER NO.3 COMMUNITY DEVELOPMENT DISTRICT (the "District") in accordance with Section 190.005, Florida Statutes, and to the inclusion of the Property within the boundaries of the proposed District. The Property comprises 100% of the property to be included within the boundaries of the proposed District. IN WITNESS WHEREOF, the undernigned h", he"nnto <et hi, h""d thi, J1!!.day of V,J7 ,2001. By: Title: EVELOPMENT COMPANY STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrument,() was ~yknowledged before me thjs, JJ!!: day of JvlV' , 2001, by ,(¿vI J. fteçenev ,the fn~:'flde;-,-t of WESSTéHESTER DEVELOPMENT COMP"ANY, who is personally known to me [...yõí- produced as identification. Notary Public Printed Name: ¿J~ - '" 1«'1 tJSA1. o...~P,Y PVðç, SHIR UMI'TM ¥ c,¡ COMMISSION NUMBeI .. « DD015824 ""10 R MYCOMMISSIONEXPIÆS o n\.O MAV42005 FTL:768934:2 FTL: 768934:2 '- ~ EXHIBIT C MAP OF PROPOSED DISTRICT f '-' Existin~tormwater Outfall to SFWMD C-2~ Canal (via Peacock Canal) 800 r-- CDD-3 463.60 Ac. Community Development District #3 Notes: 1. There are no existing water or sewer interceptors on-site. 2. The existing stormwater outfall is at the northeast property corner. WESTCHESTER o SCAlE IN F£ET . N 800 1600 . "-' ....., EXHIBIT D PROPOSED CONSTRUCTION TIMETABLE AND ESTIMATED COSTS FTL:768934:2 '-" ...., WESTCHESTER CDD-3 DEVELOPMENT Proposed Construction Timetable & Estimated Costs DRI Common Development Infrastructure (265.80 Ac.) c Unit Description Unit Price Quantity Total Earthwork LS $3,509,200 1 $3,509,200 Roadways & Storm Draina e Systems LS $9,134,900 1 $9,134,900 Water & Sewer Utilities Systems LS $2,063,700 1 $2,063,700 Other Infrastructure Costs LS $2,830,000 1 $2,830,000 Sub Total: $17,537,800 Contingency: 10% $1,753,780 Total Cost: $19,291,580 DRI Common Development Cost Distribution by CDD Prorata Description Share 1 Community Development District # 1 $1,199,622 Community DeveloDment District # 2 $4,093.436 Community Development District # 3 $2,921,675 Community Development District # 4 $11,076,847 Total Cost: $19,291,580 CDD-3 Development (463.60 Ac.) Unit Description Unit Price Quantity Total Earthwork LS $3,572,200 1 $3,572,200 Roadways & Storm Drainage Systems LS $7,829,100 1 $7,829,100 Water & Sewer Utilities Systems LS $3,036,900 1 $3,036,900 Other Infrastructure Costs LS $765,000 1 $765,000 Sub Total: $15,203,200 Contingency: 10% $1,520,320 Total Cost: $16,723,500 CDD-3 Good Faith Estimate Total: I $19,645,2001 Notes: 1 The DRI Common Development Infrastructure Costs are assigned to each District according to the Master Improvement Costs Allocation methodology presented in the Statement of Estimated Regulatory Costs Report for this District. 2 Additional funds will be added to each District's Good Faith Estimate Bond amount for inflation, bond closing costs, and bond reserves, as applicable, Master CDD-3 Development Timetable Project Construction Schedule % Complete Construction Value Phase 1 (Years 0-5) 90% $17,680,680 Phase 2 (Years 5-10) 10% $1,964,520 Phase 3 (Years 10-15) 0% $0 Phase 4 (Years15-20) 0% $0 5/4/2001 Page 1 of 1 S :!Westchester/Documents Excel/COD Infrastructure Budgets,xls ~ """'" EXHIBIT E DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION, LOCATION AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR THE AREA WITHIN THE PROPOSED DISTRICT « FTL:768934:2 '-"' ....,,; ~/ ~ ". T1' a -",,'- ~'2:\. -,..-' "'" ~ -,-' ~- Not Included nil L ~_r- ~-,.. -- c:: f- - JI ~ i'oI. r- - II- ~\. 1]- .~ : I) ) ¡- - ~ V co (11 - i - (,...0 ~) \ ( \. - ~ - 0 \ - ~ t- (t-I I- tool . ~ ;1'1 '~ I~ .Y ~ ,... ~ , -0 ,... -~" .... 10 ( O( ,I r '.. ......... " "- IJ I' IY r.. " I I '\ ~ - Iì\ \ G-~~ RU-5 t\Ayn . WESTCHESTER Existing Land Use St. Lucie County, Florida COD: LAND USE CA TAGORY: TOTAL coo AREA: @ A~ I ~:91 M~OW I MX~ED I 46a6O ~~ Lucido 4& Associates â vx/ ~.............. ~ v ..._ --- EEEj AG-S. ~ (0.2 ciJlac ~ R\J-5, ___ Ikben IS ciJlac OIIIJ t.IXO 0 Low InIenoIIy MIxed- Uoe DewIopnont IS lbIecI ~ t.IXO - -... InIonoIIy I.4xed ~ Uoe ~~ 15-8 1bIac ..1..1"..1..1 ~ _12OIJ' RJW SOURCE: 51. l.ude CounIy Co,"",,_ _ PIon NOTE: .... ""'- .. II > )fOICimaIe. FTL:768934:2 '-' ...., EXHIBIT F STATEMENT OF ESTIMATED REGULATORY COSTS « '-' ...,,; STATEMENT OF ESTIMATED REGULATORY COSTS WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT #3 1.0 Introduction t 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to form the Westchester Community Development District #3 ("District"). The proposed District comprises approximately 463.60 acres of land located in St. Lucie County. The District proposes to provide infrastructure and community services to the Westchester development as described more fully below. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to manaQinQ and finañcinQ the service delivery function of the district, so that any matter concerninQ permittinq or planninQ of the development is not material or relevant (emphasis added)." 1.2 Overview of the Westchester DR! and the Community Development Districts Proposed for it including Westchester Community Development District #3 District #3 is designed to provide community infrastructure, services, and facilities along with their operations and maintenance, to a portion of the Westchester DRI located in St. Lucie County (the "development"). The development is a master planned, mixed-use, fully amenitized, community. The DRI includes 2,033 acres. The landowner plans to establish community development districts on 1,677.74 of these acres. The land plan for the portion of the DRI planned for community development districts consists of: (a) 4,500 residential units, (b) 2,001,000 square feet of offices, (c) 575,000 square feet of retail space, and (d) 300 hotel units. Given the size and scope of the development, the landowner is proposing to establish four community development districts to serve the project. Four districts are optimal for the development because this articulation allows for each district to focus on the unique requirements of the land within its boundaries. District #1 serves an exclusively commercial area in the project that will be developed in the first phase of the development program. By contrast, the land in District #2 is planned exclusively as a corporate office park with a civic/school site. The land in District #3 is planned only for use as a residential community with no commercial, retail, or office uses. Finally, District #4 is projected for future development as a town center with retail uses at its core and surrounding residential uses. No offices are planned for the land in District #4. In light of these very different land uses, and the unique demands for community development district facilities and services, it is optimal to create four unique community development districts, one for each area. Page 1 of 10 April25,2001 '-' '-' - Table 1 displays the current land use plan for the lands within each of the four proposed community development districts planned for the Westchester DR!. Table 1 contains the most current information available, but it is subject to change as land planning activities continue. Table 1. Land Use Plan for the Area in Westchester Served by the Westchester Community Development Districts #1 through #4 Category CDD#1 CDD#2 CDD#3 CDD#4 Total Acres 74.25 257.45 463.60 882.44 1,677.74 Single Family 0 0 863 2,512 3,375 Multifamily 0 0 287 838 1,125 Retail 125,000 0 0 450,000 575,000 Office 78,500 1,922,500 0 0 2,001,000 Hotel 0 0 0 300 300 Source: St. Lucie West Development Corporation The Westchester Community Development District #3 is designed as a purely residential area in the DR!. The District will provide community development district facilities and services to the 463.60 acres in the District. In addition, as part of a system of community development districts that are planned for a portion of the DRI, land in District #3 will be subject to assessments for master community improvements that will be financed and constructed on its behalf by District #1. It is anticipated that the four community development districts will enter into a series of inter local agreements providing for this sharing of the costs for master improvements and their operation and maintenance. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be Page 2 of 10 April 25. 2001 '-' ..., employed in complying with the rule, additional operating costs incurred, and the - - cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. St. Lucie County is not defined as a small County for purposes of this requirement. (e) Any additional information that the agency determines may be useful. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As shown in Table 1, District #3 encompasses 463.60 acres of land planned for 863 single-family homes and 287 multifamily units. The landowners and tenants of this space will be affected by the proposed formation of District #3. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District consists of fewer than 1,000 acres, so St. Lucie County is the establishing entity under 190.005 (2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs. St. Lucie County St. Lucie County will incur costs reviewing the petition and its supporting exhibits. In addition, the County will hold a public hearing to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commissioners. However, even these costs to the County are modest for a number of reasons. First, review of the petition to establish the District does not Page 3 of 10 April 25. 2001 '-" ..." include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Finally, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. These one-time costs to the County are offset by the filing fee that accompanies this petition. The annual cost to the County is also low because of the establishment of the proposed District. The proposed District is an independent unit of local government. The only annual cost the County faces is the minimal cost of receiving and reviewing the various reports that the District is required to provide to the County. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on -State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the COD to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. By State law debts of the COD are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 2 provides an outline of the various facilities and services the proposed District may provide. The District plans to fund the major arterial roads, portions of the local roadways, landscaping, portions of the parks and recreation facilities, drainage and the utilities. The major roadways will be dedicated to the County and the County will be responsible for their upkeep. The other roadways in the community will be funded by the developer and by the District. The roadways funded by the developer will be private roads dedicated to a property owners association (POA) for operation and maintenance. The remaining local roadways will be funded, operated, and maintained by the District. The District and the POA will share the responsibilities for owning, operating and maintaining the landscaping. The District is responsible for the landscaping on public roadways and the POA is responsible for the private areas. This same arrangement is planned for the parks and recreation facilities that serve the property owners in this District. Page 4 of 10 April 25, 2001 "'-" ""'" The District will retain ownership of the drainage systems, and_the District will maintain these systems. The District will fund the community's utility systems. These systems will either be retained by the District for upkeep, or they will be dedicated to either the St. Lucie West Services District or to the City of Port St. Lucie for operation and maintenance. Table 2. Westchester Community Development District #3 Proposed Facilities and Services FACILITY Major arterial roads Other roads Landscape Parks & recreation Drainage Utilities FUNDED BY COD COD/Developer COD COD/Developer COD COD O&M BY County CDD/POA CDD/POA CDD/POA COD CDD/St. Lucie W. Svc. DistricUCity OWNERSHIP County CDD/POA CDD/POA CDD/POA COD CDD/St. Lucie W. Svc. DistricUCity - The petitioner has estimated the costs for providing the capital facilities outlined in Table 2. The cost estimates are shown in Table 3 below. Total costs for these facilities are estimated to be approximately $4,382,510. To fund this construction program the District may issue special assessment or other revenue bonds. These would be repaid through non-ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Table 3. Cost Estimate for District Facilities Westchester Community Development District #3 Category Total Phase 1 Phase 2 Phase 3 Phase 4 Roads $8,594,100 $7,734,690 $859,410 $0 $0 Drainage $3,572,200 $3,214,980 $357,220 $0 $0 Utilities $3,036,900 $2,733,210 $303,690 $0 $0 Contingency $1,520,320 $1,368,288 $152,032 $0 $0 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- Total $16,723,520 $15,051,168 $1,672,352 $0 $0 In addition, as noted above, District #3 will also share in the benefits of the master community improvements that will be provided by District #1. If the other three community development districts are approved, District #1 will fund the master community improvements (major arterial roads, master drainage facilities, backbone water and sewer systems, etc.) benefiting all of the lands in all of the districts. Table 4 provides projections for the costs and timing of these community facilities. Page 5 of 10 April 25. 2001 ....... '"""" Table 4. Westchester Community Development District#3 Community Facilities Funded by District #1 Category Total Phase 1 Phase 2 Phase 3 Phase 4 Roads $11,964,900 $5,982,450 $2,991,225 $1,794,735 $1,196,490 Drainage $3,509,200 $1,754,600 $877.300 $526,380 $350,920 Utilities $2,063.700 $1,031,850 $515,925 $309,555 $206,370 Contingency $1,753,780 $876,890 $438,445 $263,067 $175,378 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- Total $19,291,580 $9,645,790 $4,822,895 $2,893,737 $1,929,158 The costs shown in Table 4 will be distributed among the various districts based upon the benefits that properties within each district receive from the master improvements. The ultimate distribution of the costs according to the benefits received will be memorialized in: (1) a set of inter local agreements among the various districts and (2) a master assessment methodology approved by all four districts. Although the exact nature of these agreements cannot be known at this time, the benefits of the master improvement program can be estimated and distributed among the districts according to a three-step methodology. First, the benefits of the roadway system are distributed based on trip generation rates. Second, the costs for the master drainage system are allocated to benefiting lands on the basis of their acreage. Third, the costs for utilities are divided based on the number of equivalent residential units. Finally, the costs of the contingencies are included in each of the three cost categories described above. There are a number of accepted methods for measuring the benefits of a roadway improvement program, however, the most widely used method is based upon trip generation rates. The theory is straightforward; land uses generate trips on the district's roadways. The roadways are designed to accommodate the trips. Trip rates are available from the Institute of Transportation Engineers 1. Table 5 provides the calculations for distributing the costs of the master roadway improvements among the proposed districts. Table 5. Distribution of Costs for Master Roadway Improvements Category Single Family Multifamily Retail Office Hotel Trip Rate CDD#1 CDD#2 CDD#3 CDD#4 Total 9.57 ° 0 8,259 24,040 32,299 6.63 0 0 1,903 5,556 7,459 50 6,250 0 ° 22,500 28,750 12.5 981 24,031 0 0 25,013 6,69 0 0 0 2,007 2,007 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- 7,231 24,031 10,162 54,103 95,527 7.57% 25,16% 10.64% 56,64% 100,00% $996,297 $3,310,945 $1,400,048 $7,454,100 $13,161,390 % Trips Cost allocated I Institute of Transportation Engineers (1997) Trip Ge!lcrate 6th Edition, Washington:D,C, Page 6 of 10 April 25, 2001 '-' ~ . - As was the case for roadways, there are numerous methodologies used to measure the benefits flowing from a drainage system. One of the most widely used is acreage. The theory is that every developable acre in the districts benefit from drainage. Table 6 provides the estimates for the proposed districts. Table 6. Distribution of Costs for Master Drainage Improvements Category Acreage % Acreage Cost allocated CDD#1 74.25 4.43% $170,833 CDD#2 257.45 15.35% $592,337 CDD#3 463.60 27.63% $1,066,644 CDD#4 882.44 52.60% $2,030,305 Total 1,677.74 100.00% $3,860,120 Equivalent residential units are the basis for assessing the benefits of the master utility improvements. These improvements are sized on the basis of equivalent residential connections. Table 7 displays the distribution of these costs. Table 7. Distribution of Costs of Master Utility Improvements Category Single Family Multifamily Retail Office Hotel % ERU Cost allocated ERUs CDD#1 CDD#2 CDD#3 CDD#4 Total 1 0 0 863 2,512 3,375 1 0 0 287 838 1,125 0,5 63 0 0 225 288 0.25 20 481 0 0 500 1,5 0 0 0 450 450 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- 82 481 1,150 4,025 5,738 1.43% 8.38% 20.04% 70.15% 100.00% $32,492 $190,153 $454,983 $1,592,442 $2,270,070 Table 8 brings these various estimates together for each of the proposed districts. Costs per acre are also shown. The costs per acre vary significantly across the various districts because of the unique nature of the land uses within each of the districts. Table 8. Summary of Total Allocations for Master Improvement Costs Land Use Total Total per acre CDD#1 $1,199,622 $16,157 CDD#2 CDD#3 CDD#4 $4,093,436 $2,921,675 $11,076,847 $15,900 $6,302 $12,553 Total $19,291,580 $11,499 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services, as well as a proportionate share of the cost of operations and maintenance of the master improvements. Page 7 of 10 April 25. 2001 '-' ...",¡ It is important to note that the various costs outlined in Tables 3 and 8 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities. Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners association common to most mixed- use developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthennore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer-bank loans. Finally, Florida law requires the full disclosure of the existence of the proposed District and of its assessments. Therefore, prospective landowners are fully apprised of the impact of the District on any lands they may purchase. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S. and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. St. Lucie County has an estimated population that is greater than 10,000 in the most current census (2000). Therefore, the County is not defined as a "small" county according to Section 120.52, F.S. Page 8 of 10 April 25, 2001 "'" ..., 6.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Finally, it is useful to reflect upon the question of whether the proposed District is the best alternative to provide community facilities and services to the project. As an alternative to the District, the County could approve a dependent special district for the area, such as an MSBU or a special taxing district under Chapter 170, F.S. Either of these alternatives could finance the improvements contemplated in Tables 3 and 8 in a fashion similar to the proposed District. However, unlike the District, the alternatives would require the County to continue to administer the project and its facilities and services. As a result, the costs for these services and facilities would not be sequestered to the land directly benefiting from them, as the case would be with the -District. Furthermore, a District is preferable from a governmental accountability perspective. With a District as proposed, residents and renters in the District would have a focused unit of government under their direct control. The District can then be more responsive to resident needs without disrupting other County responsibilities. Another alternative to the District would be for the developer to provide the infrastructure and to use a property owners association (POA) for operations and maintenance of community facilities and services. A District is superior to a POA for a variety of reasons. First, unlike a POA a District can impose and collect its assessments along with other property taxes. Therefore, the District is far more assured of obtaining its needed funds than is a POA. Second, the proposed District is a unit of local government. Therefore, unlike the POA the District must abide by all governmental rules and regulations. This is a plus for the County and for property owners and renters in the District. Page 9 of 10 April 25, 2001 """ '-.I APPENDIX A LIST OF REPORTING REQUIREMENTS FLORIDA STATUTE REPORT CITE DATE AnnuaIRnanc~IAud" 11 .45 12 months after end of fiscal year Annual Financial Report (AFR) 218.32 by March 31 TRIM Compliance Report 200.068 130 days after Form 1 - Limited Financial Disclosure 112.3144 by July 1 Public Depositor 215 by November 15 Proposed Budget 218.34 by September 1 Public Facilities Report 189.415 March 1 Public Meetings Schedule 189.417 beginning of fiscal year Bond Report 218.38 When issued Registered Agent 189.417 30 Days after . Page 10 of 10 April 25, 2001 ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: '- ...., Agenda Request Item Number Date: r:,J August 21, 2001 Consent Regular Public Hearing Leg. [ X ] · [ [ I [ X ] Quasi-JD [ ] Board of County Commissioners Community Development · Consider Draft Ordinance 01-013 granting the petition of Westcheste Development Company, a Florida Corporation, for the establishment of an uniform commu ity development district to be known as "Westchester Community Development District No.4" as authorized and provided for in Chapter 190, Florida Statutes. · The Westchester Development Company has filed a petition with St. LuGie County for the establishment of the Westchester Community Development District No, 4, consistent with the requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended. Westchester COD No. 4 is proposed to occupy 882.44 acres and is located at the northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. The attached Exhibit provides general location map for the boundaries of Westchester COD No, 4. Ultimately, development in this district will provide for 2,512 single-family units, 838 multiple- family units, 450,000 square feet of office space, and 300 hotel units. The petition for Westchester COD NO.4 outlines the anticipated powers and responsibilities of this District, This district is being created for the purpose of financing the required infrastructure to permit the development of Westchester COD No, 4, This infrastructure includes the project's . stormwater management system, intemal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated capital costs of these facilities to be paid through the formation of COD No, 4 is $45,752,400. Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non- ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. N/A Staff recommends approval of Draft Ordinance 01-013, · COMMISSION ACTION: IT! APPROVED 0 DENIED D OTHER 5-0 ~ County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND585) 'w '-'. Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 4 MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Ordinance 01-013 granting the petition of Westchester Development Company, a Florida Corporation, for the establishment of an uniform community development district to be kñown as "Westchester Community Development District No.4" as authorized and provided for in Chapter 190, Florida Statutes. LOCATION: Northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) FUTURE LAND USE: MXD - Gatlin Boulevard and RU (Residential Urban) PARCEL SIZE: 882.44 acres SURROUNDING ZONING: AG-1 (Agricultural - 1 du/acre) SURROUNDING LAND USES: The general existing use surrounding the property is vacant pasture land and citrus groves. The Future Land Use Classification of the surrounding area is MXD - Gatlin Boulevard and RU (Residential Urban) further to the west. UTILITY SERVICE: Water and sewer service is to be provided by Port St. Lucie Utilities, S1. Luce West Utilities, or the Westchester Community Development District No.4. As part of the pending development of regional impact for the Westchester project, a final determination on the specific service provider will be made. ******************************************** The Westchester Development Company has filed a petition with 81. Lucie County for the establishment of the Westchester Community Development District No.4, consistent with the '-r' -..".¡( August 14, 2001 Page 2 Subject: Westchester Community Development District No.4 requirements of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended. , In 1980, the Florida Legislature created the "Uniform Community Development District Act of 1980." The purpose of this Act is to define a uniform, focused, and fair procedure in state law to provide a reasonable alternative for the establishment, power, operation, and duration of independent districts to manage and finance basic community development services. In establishing these regulations, the legislature determined that based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and economic way to deliver basic community development services, thereby providing a solution to the stat~'s planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers. « In providing for the establishment of these districts, the legislature made its intent very clear in Chapter 190, Florida Statutes, that no Community Development District could have or exercise any zoning or development permitting power and that the establishment of an Independent Community Development District as provided for in this Act is not a development order within the meaning of Chapter 380, Florida Statutes, and that all applicable planning and permitting laws, rules, regulations, and policies of the recognized local government in the area shall control the development of the land to be serviced by the district. A District shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government. Furthermore, the Legislature has required that no debt or obligation of a Community Development District is to constitute a burden on any local general- purpose government without the consent of the local government. . Chapter 190.005, Florida Statutes, provides that the exclusive and uniform method for the establishment of a Community Development District of less than 1,000 acres in size shall be pursuant to an ordinance adopted by the County Commission of the County having jurisdiction over the majority of land in the area in which the district is to be located. The Westchester DRI (Development of Regional Impact) is to be a master planned, mixed-use community. The DRI is proposed to contain approximately 2,000 acres and will consist of approximately 4,500 residential units, 2,001,000 square feet of office space, 575,000 square feet of retail space, and 300 hotel units. Community development districts are planned to affect 1,678 of these acres. The Westchester Development Company is proposing to establish 4 separate community development districts to fund the infrastructure necessary and provide the long-term community maintenance for the Westchester DR!. Each of these districts is to focus on the unique characteristics and requirements of the land contained within their respective boundaries. Westchester Community Development District No.1 (COD No.1) is proposed to serve the initial commercial area of the project. Westchester Community Development District No.2 (CCD No. 2) is proposed to serve the planned corporate office park, which will inetude a civic/school site. Westchester Community Development District No. 3 (COD No.3) is proposed for residential uses only. Westchester Community Development District No.4 (COD No.4) is proposed to have a town center with retail uses at the core with the surrounding areas designated for additional residential uses, Westchester CDD No.4 is proposed to occupy 882.44 acres and is located at the northwest corner of the intersection of Interstate 95 and the proposed extension of Gatlin Boulevard. The attached Exhibit provides a general location map for the boundaries of Westchester COD No.4. '-' ""wI August 14,2001 Page 3 Subject: Westchester Community Development District NO.4 Ultimately, development in this district will provide for 2,512 single-family units, 838 multiple- family units, 450,000 square feet of office space, and 300 hotel units. Section 190.012, Florida Statues, outlines the specific powers that a Community Development District may be authorized or empowered to undertake though its initial charter. These possible powers include the ability to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: f a. Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. b. Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dìspose of any effluent, residue, or other byproducts of such system or sewer system. c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. d. District roads equal to or exceeding the specifications of the county in which such district roads are located, and streetlights. e. Buses, trolleys, transit shelters, ride sharing facilities and services, parking improvements, and related signage. f. Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property. g. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to s. 380.06 or s. 380.061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located. In addition, a Community Development District may request that the appropriate unit of local general-purpose government grant to the district powers that would permit the district to undertake the responsibility for the planning, establishment, acquisition, construction or reconstruction, enlargement, extension, equipping, operation, and maintenance of additional systems and facilities for the following: a. Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. b. Fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment. "" '''wtI August 14, 2001 Page 4 Subject: Westchester Community Development District NO.4 c, School buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board. d. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; except that the district may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. e, Control and elimination of mosquitoes and other arthropods of public health importance, f. Waste collection and disposal. The petition for Westchester COO No. 4 outlines the anticipated powers and responsibilities of this District. This district is being created for the purpose of financing the required infrastructure to permit the development of Westchester COD NO.4. This infrastructure includes the project's stormwater management system, internal roadway systems, internal common landscaping areas and other miscellaneous internal improvements necessary to complete the physical development of this property. The estimated capital costs of these facilities to be paid through the formation of COD NO.4 is $45,752,400. Annual operating and maintenance costs will be determined as the facilities are completed. The initial capital costs are proposed to be financed through the issuance of special assessment or other revenue bonds that are backed by the non- ad valorem assessments of the properties within this district. Annual maintenance is anticipated to be funded through an annual assessment on each of the properties in this district. Attached is a copy of Draft Ordinance 01-013 that provides for the establishment of the Westchester COD No.4. This ordinance addresses the requirements of Chapter 190.005(2), Florida Statutes. In addition, this Ordinance includes the following recommended special conditions: 1. The powers and responsibilities of the Westchester Community Development District No. 4 shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other by products of such system or sewer system; (c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways '-' ""'" August 14, 2001 Page 5 Subject: Westchester Community Development District No, 4 over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut; (d) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personalpropeny; (g) Parks and facilities for indoor and outdoor recreational, cultural and educational uses; (h Fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (i) School buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; and, (j) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. The Commission further consents to provide the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. '-" .....,; August14,2001 Page 6 Subject: Westchester Community Development District No.4 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of Sf. Lucie County. 4. No publicly owned property that may be located or acquired within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the Community Development Described in #2 above. 4 Staff recommends approval of Draft Ordinance 01-013. SUBMITTED: DJMI Westchestercdd4memo4(h) cc: County Administrator County Attorney Finance Director Management & Budget director Public Works Director Planning Manager Paul J. Hegener, Westchester Development Company Noreen Dreyer, Esquire - Ruden, McClosky, Smith, Schuster & Russell, P.A. Denise J. Ganz, Esquire - Ruden, McClosky, Smith, Schuster & Russell, P,A. 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 '-" ...., ORDINANCE 01-013 AN ORDINANCE AMENDING CHAPTER 1-6.5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; ESTABLISHING THE WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.4; ESTABLISHING THE BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS OF THE DISTRICT; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR CODIFICATIO~; AND SETTING FORTH THE VOTE ON ADOPTION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. The Board is authorized, pursuant to Sections 125.01 and 190.005, Florida Statutes, to establish community development districts that are less than 1,000 acres in size and located within the unincorporated areas of the County. 2. Westchester Development Company, a Florida Corporation, has filed with the Board a petition for the establishment of a community development district, which petition contains the information required by Section 190.005(1)(a), Florida Statutes. 3. In accordance with Section 190.005(1)(d) and 2(b), Florida Statutes, the Board held a public hearing on August 21, 2001, after publishing notice of such hearing in the Ft. Pierce Tribune and the Port St. Lucie News on July 24, July 31, August 7, and August 14, 2001. (a) The Board has considered the record of the public hearing and the factors set forth in Section 190.005 (I) (e), Florida Statutes, and has found that: (b) All statements contained within the petition are true and correct; Ordinance 01-013 1st Draft Page 1 Print Date: 08/14/01 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 '-" 'wi (c) The creation of this district is consistent with all applicable elements and portions of the state comprehensive plan and the effective local government comprehensive plan; (d) The area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community; (e) The district is the best alternative available for delivering the community development services and facilities to the area that will be served by the district; (f) the community development services and facilities for the district will be compatible with the capacity and uses of the existing local and regional community development services and facilities; and, (g) The area that will be served by the district is amenable to separate special district government. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of 8t. Lucie County, Florida: PART A. ARTICLE X "WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT NO.4" OF CHAPTER 1.:.6:5 "COMMUNITY DEVELOPMENT" OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IS CREATED TO READ: Section 1-6.5-110. Established; name The Westchester Community Development District No.4 is hereby established. Section 1-6.5-111. Boundaries The boundaries of the Westchester Community Development District No.4 are as set forth in the legal description contained in the attached Exhibit "A". Ordinance 01-013 1st Draft Page 2 Print Date: 08/14/01 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 ¥ .....J Section 1-6.5-112. Initial Board of Supervisors. The following five persons are designated as the initial members of the Board of Supervisors of the Westchester Community Development District NO.4: John E. Abdo, Paul J. Hegener, James L. Zboril, James H. Anderson, and Donald C. Petersen. Section 1-6.5-113. Special Conditions. The following special conditions shall apply to the creation, operation, and existence of Westchester Community Development District NO.4: 1. The powers and responsibilities of the Westchester Community Development District No.4 shall be limited to the following: To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following: (a) Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges; (b) Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system; (c) Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of- way, highway, grade, fill, or cut; (d) 1. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. 2. Buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage; Ordinance 01-013 1st Draft Page 3 Print Date: 08114/01 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 '-' ...., (e) Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the district under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the district and who caused or contributed to the contamination; (f) Conservation areas, mitigation areas, and wildlife habitat, including the maintenance of any plant or animal species, and any related interest in real or personal property; (g) Parks and facilities for indoor and outdoor recreational, cultural and educational uses; (h) Fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (i) School buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; and, (j) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; exceptthat the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. The Commission further consents to provide the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shall exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development permits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. Ordinance 01-013 1st Draft Page 4 Print Date: 08/14/01 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 '-" ...., 2. The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one functional interrelated community. 3. The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. 4. No publicly owned property that may be located or acquired within the legal deception of this Community Development District shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained, or operated by the Community Development Described in section 1.6-5.111 above. PART B. CONFLICTING 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 C. SEVERABiliTY. 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. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and 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. Ordinance 01-013 1st Draft Page 5 Print Date: 08/14/01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PART F. '-" ...." EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairwoman Frannie Hutchinson xxx PART G. PART H. Vice-Chairman Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx Commissioner Cliff Barnes xxx CODIFICATION. _ 1")") n..._,.:.....:........_ _I: .&.1-:_ __-':_____ _L_II L_ ~_ 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 '-' "'-' ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney 4 DJM OR01-013(h) Ordinance 01-013 1st Draft Page 7 Print Date: 08/14/01 '''''''' '" August 14, 2001 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the S1. Lucie County Land Development Code, you are hereby advised that Westchester Development Company has petitioned S1. Lucie County for the establishment of a uniform community development district to be known as "Westchester Community Development District NO.4" as authorized and provided for in Chapter 190, Florida Statutes, and based upon the factors listed in Section 190.005(1)(e), Florida Statutes, A PUBLIC HEARING on Ordinance 01-013 will be held before the S1. Lucie County Board of County Commissioners on Tuesday, August 21,2001, at 7:00 P.M. or as soon thereafter as possible, in the County Commission Chambers, 3rd floor of the County Administration Annex, 2300 Virginia Avenue, Ft. Pierce, Florida, to consider the petition filed by Westchester Development Company. 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 land area to be served by the district is located in St. Lucie County, Florida and comprises approximately 882.44 contiguous acres. The boundaries of the properties to be serviced by the proposed Westchester Community Development District No. 1 are outlined on the attached map. There is no real property within the boundaries of the district, which will be excluded from the district. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 561/462-1777 or TOO 561/462-1428 at least forty-eight (48) hours prior to the meeting, If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you have any questions, please call 561/462-1586 and refer to Ordinance 01-013, Sincerely, S} LUCIE ~:TY BOARD OF COUNTY COMMISSIONERS /~ Ii - I¡.. 4 Frannie Hutchinson, Cí?airwoman JOHN D, ß~UHN, DlSrricr No, 1 . DOUG COWA~D, District No, 2 . PAULA A, LEWIS, Disrricr No, J . FRANNIE HUTCHINSON, Disrrlcr No, 4 . CLIFF ßA~NES, Disrria No 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce. FL 34982-5652 Administration: (561) 462-1590 · Planning: (561) 462-2822 . GISfTechnical SeNices: (561) 462-1553 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fax: (561) 462-2132 "D > co P^18 BSOJfl;;f (¡ en :> (¡ E "¡:: 0... "0 > co ~ (I) 7- (I) "'ó "3 (Í) Cashmere Blvd '- ....., California Blvd P^18 BUO^BS ~ co .£: -S <!J - tr- z . .. " j .., w ~ U UI o Ï Q. « 0: U '" on o o "=T >. ~ +-' Þ c ::J C 0 0 ::J 0 0 0 0 0 '- Q) CD C +-' 0 (f) CD ::J +-' I...... .c: ~ CU 0 +-' +-' ¿ (f) CD Cf) S PtI aU!l aÔUBtj ExistinVormwater Outfall to SFWM D C-24 Canal (via Peacock Canal) '"'" CDD-4 882.44 Ac. 800 r""""""\ Community Development District #4 Notes: 1. There are no existing water or sewer interceptors on-site. 2. The existing stormwater outfall is at the northeast property corner. WESTCHESTER o 800 SCALE IN FECT N 1600 '-' ""'" COUNTY COMMISSION ST. LUCIE COUNTY, FLORIDA IN RE: PETITION FOR PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA STATUTES, TO ESTABLISH THE WESTCHESTER NO.4 COMMUNITY DEVELOPMENT DISTRICT JL'L I 9 2001 t / PETITION FOR ESTABLISHMENT OF A COMMUNITY DEVELOPMENT DISTRICT On its own behalf, and through its undersigned attorney, Westchester Development Company, a Florida corporation (the "Petitioner"), being the owner of one hundred percent (100%) of the property (the "Property") legally described on Exhibit A annexed hereto and made a part hereof, located in unincorporated St. Lucie County, Florida (the "County"), hereby petitions the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA (the "Commission") in accordance with Section 190.005(2) of the Uniform Community Development Act of 1980, Chapter 190, Florida Statutes (the "Act") to establish a community development district comprising the Property (the "District") pursuant to the Act and other applicable law, and in support thereof, hereby attests as follows: t 1. That Petitioner is a Florida corporation with its principal place of business at 1850 Fountainview Boulevard, Suite 201, Port St. Lucie, Florida, 34986. 2. That the land area to be served by the proposed District comprises approximately 882.44 acres. All lands in the proposed area are located wholly within the jurisdictional boundaries of the County. 3. That annexed hereto as Exhibit A and made a part hereof is a metes and bounds description of the external boundaries of the proposed District. No real property within the external boundaries of the proposed District is to be excluded therefrom. . 4. That annexed hereto as Exhibit B and made a part hereof is evidence of the written consent to the establishment of the proposed District by the owner of one hundred percent (100%) of the real property to be included in the District. FTL768935:2 ,-". ......, 11. That the creation of the proposed District is not inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan. 12. That the Property to comprise the proposed District is of sufficient SIze, compactness, and contiguity to be developable as one functional interrelated community, 13. That the creation of the proposed District presents the best alternative available for delivering the community development facilities and services to the Property that will be served by the proposed District. 14. That the community development facilities and services of the proposed District will not bc incompatible with the capacity and uses of existing local and regional community development services and facilities. 4 15. That the Property to comprise the proposed District IS amenable to separate special-purpose government. 16. That all statements contained within this Petition are true and correct. In addition, Petitioner requests that the Commission consent to the District's exercise of the powers set forth in Sections 190.012(2) (a), (b), (c) and (d) of the Act, thereby enabling the District to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for (1) parks and facilities for indoor and outdoor recreational, cultural and educational uses; (2) fire prevention and control, including water mains and plugs, (but excluding fire stations, fire trucks and other vehicles and equipment); (3) school buildings and related structures, which may be leased, sold or donated to the school district, for use in the educational system, when authorized by the district school board; (4) security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries; and (5) that the Commission further consent to the exercise by the District of the right and power of eminent domain, pursuant to Chapter 73, Florida Statutes and Chapter 74, Florida Statutes, over any property outside the boundaries of the District and within the unincorporated areas of the County (except municipal, county, state and federal property) for the uses and purposes of the District relating solely to water, sewer, District roads, and water management, specifically including, without limitation, the power of eminent domain for the taking of easements for the drainage of the land of one person over and through the land of another; provided, however, that the District shaIl exercise the eminent domain power only if for uses and purposes contemplated by, consistent with or in furtherance of the requirements of approved development pennits or development orders relating to the real property within the District. The foregoing powers shall be in addition, and supplemental, to the powers which the District is entitled to exercise pursuant to Chapter 190, Florida Statutes. « 4 FTL:76893S:2 3 '-' """" WHEREFORE, Petitioner, Westchester Development Company, a Florida corporation, hereby respectfully requests the Commission to: A. Direct its staff to notice, as soon as practicable, a local public non-emergency hearing pursuant to the requirements of Section 190.005(2)(b), (c) and (e) of the Act to consider whether to grant the petition for the establishment of the proposed District and to enact an ordinance establishing the proposed District. B. Grant the petition and enact an ordinance pursuant to the Act and other applicable law, creating a community development district comprised of the Property to be known as the "Westchester No.4 Community Development District." 4 C. Contemporaneously with enacting the ordinance referred to above, adopt a resolution authorizing the District to exercise certain supplemental powers as described herein. RESPECTFULLY SUBMITTED this Wit, day of \Tu/ý ,2001. I WESTCHESTER DEVELOPMENT COMPANY ~ By: Title: . STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrum~nt was acknowledged before. JUe this J 1-11. day of JJ\ý , 2001, by (Iv) 0". }-tegeh-e..... , the frefl¡de....-tof W~TCHESTER DEVEIfoPMENT COMPANY, who is - personally known to me [--1 or produced as identification. Notary Public Printed Name: t OF ÞEf( 8&AL ~p.9.Y PVð, !ALE\' E SMITH o '-< V ~ COMMISSIQllNUMBER « OD015824 7", ~ MVCOMIoIISSIONEJCPIRES ~on\.O MAY 42005 FTL: 768935:2 4 FTL:768935:2 '-' '" EXHIBIT A LEGAL DESCRIPTION/METES AND BOUNDS DESCRIPTION . ~ LAv\ršON, NOBLE &WEB~INC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 DESCRIPTION: (C.O.D. 4) A PARCEL OF LAND LYING IN SECTIONS 4, 5, 8 & 9, TOWNSHIP 37 SOUTH, RANGE 39 EAST, AND IN SECTION 33, TOWNSHIP 36 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE CENTERLINE OF GATLIN BOULEVARD (ALSO BEING THE NORTH LINE OF SECTION 15) AND THE WESTERLY LIMITS OF GATLIN BOULEVARD RIGHT-OF-WAY AND THE WESTERLY LIMITS OJ; THOSE LANDS DESCRIBED IN AN ORDER OF TAKING DATED JULY 4, 1979 AND RECORDED IN OFFICIAL RECORDS BOOK 311, PAGES 2946 THROUGH 2952, INCLUSIVE PUBLIC RECORDS OF SAID ST. LUCIE COUNTY AND AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAÝ MAPS FOR STATE ROAD NO.9 (1-95), SECTION 94001-2412, DATED 06/02f77, WITH LAST REVISION OF 09/11/79 (THE ABOVE DESCRIBED WESTERLY LIMITS OF GATLIN BOULEVARD BEAR SOUTH 00·01'45" WEST AND ALL BEARINGS ARE RELATIVE THERETO); THENCE SOUTH 89·57'05" WEST, A DISTANCE OF 696.94 FEET; THENCE NORTH 00·02'55" WEST, A DISTANCE OF 100.00 FEET; THENCE NORTH 00·00'00" WEST A DISTANCE OF 46.73 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 766.00 FEET; THENCENORTHERL Y AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 34·53'43" AN ARC DISTANCE OF 466.52 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 34·53'43" EAST ALONG SAID LINE A DISTANCE OF 324.06 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 100.00 FEET (THE RADIUS POINT BEARS NORTH 64·53'43" EAST FROM THIS POINT); THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 108·04'24" AN ARC DISTANCE OF 188.62 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 07"01 '53" EAST FROM THIS POINT);THENCE NORTH 22·58'07" EAST A DISTANCE OF 88.21 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 700.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36·00'55" AN ARC DISTANCE OF 440.01 FEET TO A POINT OF NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ~ ~ NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THIS INFORMATION SHOWN HEREON. G R.BURFORD, PSM PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA REG. NO. 4981 REVISIONS-UPDATES DATE BY CK'D NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHT-OF-WAY AND/OR EASEMENTS OF RECORD. JOB NO.: B379 BY: LJH CHECKED:GRB F.B.: N/A PG.: N/A SHEET 1 OF 7 LAWSON, NOBLE &WEBB':"INC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 TANGENCY WITH A LINE; THENCE NORTH 13·02'47" WEST ALONG SAID LINE A DISTANCE OF 84.45 FEET; THENCE NORTH 12·50'43" WEST A DISTANCE OF 282.65 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 2041.35 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12·51 '29" AN ARC DISTANCE OF 458.11 FEET TO A POINT IN A NON-TANGENT LINE (THE RADIUS POINT BEARS SOUTH 89·59'13" EAST FROM THIS POINT); THENCE NORTH 00·00'52" WEST ALONG SAID LINE A DISTANCE . OF 659.82 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 100.00 FEET (THE RADIUS POINT BEARS NORTH 29·59'08" EAST FROM THIS POINT); THENCE NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 70·47'31" AN ARC DISTANCE OF 123.56 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 79·13'20" EAST FROM THIS POINT); THENCE SOUtH 90·00'00" WEST A DISTANCE OF 1127.29 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 125.01 FEET (THE RADIUS POINT BEARS NORTH 88·18'02" WEST FROM THIS POINT); THENCE NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 119·24'35" AN ARC DISTANCE OF 260.53 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 27·42'37" EAST FROM THIS POINT); THENCE NORTH 48·17'49" WEST ALONG SAID LINE A DISTANCE OF 1090.57 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 44·59'45" WEST A DISTANCE OF 335.15 FEET; THENCE SOUTH 62·01'31" WEST A DISTANCE OF 342.42 FEET TO A POINT OF RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 3100.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17"01'31" AN ARC DISTANCE OF 921.15 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 45·00'00" WEST ALONG SAID LINE A DISTANCE OF 636.46 FEET; THENCE SOUTH 45·00'00" WEST A DISTANCE OF 1280.54 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 550.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27"38'57" AN ARC DISTANCE OF 265.41 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 175.00 FEET (THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 550.00 FEET BEARS SOUTH 72·38'57" EAST FROM THIS POINT AND THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 175.00 FEET BEARS SOUTH (¡J1·24'57" WEST FROM THIS POINT); THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 175.00 FEET THROUGH A CENTRAL ANGLE OF 56·40'32" AN ARC DISTANCE OF 173.11 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 55·15'36" EAST FROM THIS POINT); THENCE NORTH 77"49'24" WEST ALONG SAID LINE A DISTANCE OF 187.22 FEET; THENCE NORTH 59·47'08" WEST A DISTANCE OF 74.32 FEET; THENCE SOUTH 71·44'37" WEST A DISTANCE OF 22.94 FEET; THENCE SOUTH 35·24'06" WEST A DISTANCE OF 74.68 FEET; THENCE SOUTH 17"51'33" EAST A DISTANCE OF 60.24 FEET; THENCE SOUTH 03·16'44" EAST A DISTANCE OF 68.54 FEET; THENCE SOUTH 06·57'04" EAST A DISTANCE OF 111.41 FEET; THENCE SOUTH 02·11 '39" EAST A DISTANCE OF 42.13 FEET; THENCE SOUTH 03·00'12" WEST A DISTANCE OF 59.95 FEET; THENCE SPUTH 07"13'39" EAST A DISTANCE OF 222.22 FEET; THENCE SOUTH 29·13'49" EAST A DISTANCE OF 280.04 FEET; THENCE SOUTH 49·36'24" WEST A DISTANCE OF 39.14 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1150.00 FEET (THE RADIUS POINT BEARS SOUTH 69'50'38" WEST FROM THIS POINT); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 12·06'52" AN ARC DISTANCE OF 243.15 FEET JOB NO.: B379 BY: JDM CHECKED: GRB F.B.: N/A PG.: N/A SHEET 2 OF 7 LAvtsON, NOBLE &WEB~INC. LB# 6674 CONSULTING ENGINEERS, LAND PLANNERS, SURVEYORS 590 NW PEACOCK BLVD, SUITE 9, PORT ST. LUCIE, FLORIDA PHONE (561) 878-1700 TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 81"57'30" WEST FROM THIS POINT); THENCE SOUTH 87'38'24 WEST ALONG SAID LINE A DISTANCE OF 34.41 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 2410.00 FEET; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 11·25'28" AN ARC DISTANCE OF 480.54 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT BEARS SOUTH 13·47'04" EAST FROM THIS POINT); THENCE SOUTH 12·43'13" EAST ALONG SAID LINE A DISTANCE OF 124.29 FEET; THENCE SOUTH 33·02'56" WEST A DISTANCE OF 34.89 FEET; THENCE SOUTH 79·53'12" WEST A DISTANCE OF 9.15 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 951.02 FEET; THENCE WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 42·25'02" AN ARC DISTANCE OF 704.06 FEET TO A POINT IN A NON-TANGENT LINE (THE RADltJS POINT BEARS NORTH 32·18'14" EAST FROM THIS POINT); THENCE NORTH 57'54'11" WEST ALONG SAID LINE A DISTANCE OF 487.71 FEET; THENCE SOUTH 28·35'46" WEST A DISTANCE OF 131.77 FEET TO A POINT OF NON-RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1910.00 FEET (THE RADIUS POINT BEARS SOUTH 27'50'46" WEST FROM THIS POINT); THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15·06'26" AN ARC DISTANCE OF 503.61 FEET TO A POINT IN A NON-TANGENT CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 178.00 FEET (THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 1910.00 FEET BEARS SOUTH 12·44'20" WEST AND THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 178.00 FEET BEARS SOUTH 05·48'41" WEST FROM THIS POINT); THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 178.00 FEET THROUGH A CENTRAL ANGLE OF 07'37'32" AN ARC DISTANCE OF 23.69 FEET TO A POINT IN A NON-TANGENT LINE (THE RADIUS POINT BEARS SOUTH 01·48'45" EAST FROM THIS POINT); THENCE SOUTH 89·59'45' WEST ALONG SAID LINE A DISTANCE OF 172.11 FEET; THENCE NORTH 00·00'15" WEST A DISTANCE OF 3879.06 FEET; THENCE NORTH 74·07'40" EAST A DISTANCE OF 1181.25 FEET; THENCE NORTH 02·40'30" WEST A DISTANCE OF 853.63 FEET; THENCE NORTH 03·34'36" EAST A DISTANCE OF 264.67 FEET; THENCE NORTH 11·39'14" EAST A DISTANCE OF 299.59 FEET; THENCE NORTH 05·52'55" EAST A DISTANCE OF 655.21 FEET; THENCE NORTH 13·31'01" EAST A DISTANCE OF 474.82 FEET; THENCE NORTH 74·14'30" EAST A DISTANCE OF 2525.46 FEET; THENCE NORTH 76·04'00" EAST A DISTANCE OF 1244.50 FEET; THENCE NORTH 65·11'39" EAST A plSTANCE OF 178.59 FEET; THENCE NORTH 59·06'39" EAST A DISTANCE OF 424.13 FEET; THENCE NORTH 73·43'11" EAST A DISTANCE OF 14.12 FEET; THENCE SOUTH 50·56'11" EAST A DISTANCE OF 7.42 FEET; THENCE NORTH 56·01'40" EAST A DISTANCE OF 31.64 FEET; THENCE NORTH 33·56'01" EAST A DISTANCE OF 30.15 FEET; THENCE NORTH 54·34'18" EAST A DISTANCE OF 298.73 FEET; THENCE NORTH 85·53'57" EAST A DISTANCE OF 132.02 FEET; THENCE NORTH 70"54'26" EAST A DISTANCE OF 143.67 FEET; THENCE NORTH 56'25'28" EAST A DISTANCE OF 121.35 FEET; THENCE NORTH 66·21 '07" EAST A DISTANCE OF 557.84 FEET TO A POINT IN THE NORTHERLY EXTENSION OF THE EASTERLY LINE OF SAID SECTION 4; THENCE SOUTH 00·35'12" WEST ALONG SAID EXTENSION AND ALONG THE EAST LINE OF SAID SECTION 4 A DISTANCE OF 3104.48 FEET; THENCE, CONTINUING ALONG THE EAST LINE OF SAID SECTION 4, SOUTH 00·36'21" WEST A DISTANCE OF 2651.97 FEET; THENCE, DEPARTING SAID SECTION LINE SOUTH 60·47'33" WEST A DISTANCE OF 447.17 FEET; THENCE SOUTH 44·59'45" WEST A DISTANCE OF 1636.03 FEET TO THE POINT OF BEGINNING. CONTAINING 882.44 ACRES, MORE OR LESS. JOB NO.: B379 BY: JDM CHECKED: GRB F.B": N/A PG.: N/A SHEET 3 OF 7 . ~ P,O.8. P.O.c. P.B. P.C. P RC. P.T. R 6 L N.R. ORB. - \".I . . . . Noble & LM\\' . Lawson, ENGINEERS . PLANNERS . SURVEYORS 590 NW Peacock Båulevard, Suite 9, Part SI. Lucie, Florida 34986 (561) 878-1700 . fax: (561) 878-1802 . email: Inw-psl@lnw-inc.cam West Palm Beach· Port St. Lucie . . . . . . ..-- Webb, Inc. LB #6674 SKETCH TO ACCOMPANY DESCRIPTION 0 w (J) 0 '" <;t w, '" II z <:( : cr: (J) ~ zui 01'- W ¡::r<> ...J uc.. « W'E (f)(f) U z (f) :;: 0 I- POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENOTES DELTA DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK SEE SHEET 1 - 3 OF 7 FOR DESCRIPTION JOB No. B379 BY: LJH CHECKED: GRB CONTINUED SHEET 5 MATCH LINE Iz =1",1 g 00> . --¡!DIg 1>ro u1 r:::~I"; 1=£ 1 I ?~-=-5.5J:!~E ï RADIAL \ I R=2041.35' 1-----6=12·51'29" \ L=458.11' \ V,·c. NI2·50'43"W \ S 282.65' \ \ N13°02'47"W..J\I'·C' 84.45' I R=700,OO' 6=36000'55" ~ L=440.01' J / 88.21' / N22'58'07"E ""--I/O. r NR I' RADIAL R=IOO.DO' ~S07°01'53"E 6=108°D4'24~ ) L=188.62' ~i Iv '--N64·53'43"E Q<iJ ß RADIAL ~~«-, ,,>y. ~ lit A~ / . I ~ L R= 766.00' ",8 6=34·53'43" ": à I L ~466.52' tOo ~å I ~~ Lp.c. 1 100.00' P.O.C. L/" NOO·02'55·W ~S89·57'~5"W 696.94' W 0'> '" W '" Z <:( a:~ uiz 1'-0 r<>~ I- "-U 'Ew fI)fI) z :;: o I- . N '" (J) N I '" v "':(J) -N "'fI) ~~ 1>;<:( 0"- '!1 z o ¡:: u w (/) w z ~ Z B379SK04-l.dwg 3-5-01 11:56150 Qr1 ES:T SHEET 4 OF 7 F.B. - DATE: 02-19-01 PG. '-' L t\j\ \' . Lawson, . . . . Webb, ENGINEERS . PLANNERS SURVEYORS 590 NW Peacock Bòulevord, Suite 9, Port SI. Lucie, Florida 34986 (561) 878-1700 . fax: (561) 878-1802. ema!l: Inw-psl@lnw-inc.com West Palm Beach· Port St. Lucie . . . Noble & . . . ..-- Inc. LB 06674 SKETCH TO ACCOMPANY DESCRIPTION .~ ,¡,t) ____ hOJ {i '- P.O.B. þ. tI· , cf ,,;¡"3 " :1v. ~ " <9."'1\ ~." \ , /On,-/;'· ' n·O þ,'I:. "'0 ,'17,9 s'ö';';//..·/,,\>-'v .",;: ~ 'i'-¡:"\)" R=100.00' '- R=125.01' L:.=70047'31" '- -.(6=119°24'35" N.R. ç:=123'56' " - L=260.53' S90.00'OO"W RADIAL , S79·13'20"E S27°42'37"E----"'- .L _ _ _ --.!127.29' _ _ I~ RADIAL ¿aa.18'02."W I v"-N29'59'OB"E RADIAL I RADIAL I NR MATCH LINE SOO.0"0:52."E CONTINUED SHEET 4 659.82' <TOT AU I CONTINUED SHEET 7 - MATCH LINE CD I- W W W 2 m ::¡ o :¡: w U ::;¡ I- Z « ¡: ~ z. a U '<t 2 a ¡: u w U? LL a w i": ...J W SECTION 4 TOWNSHIP 37 5., RANGE 39 E. TOWNSHIP 37 5., RANGE 39 E. SECTION 9 CDD.-4 ~82.44 ACRES +/- W m r<> w '" z « mtr z ' aU? ~.... I-r<> Uo.. w_ U?:¡: U> Z :;; a I- J..E.WIQ.; P.O.B. P.O.C. P.B. P.c. PAC. P.T. R 6 L N.R. O.R.B, POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENOTES DEL T A DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK SEE SHEET 1 - 3 OF 7 FOR DESCRIPTION ( ;: F-F-- f\I "1:i CD -I- r<> <0 a . CD I- :5 C\I--... U? PORT ST. LUCIE SECTION 35 (PLAT BOOK IS, PAGE 10) ò o lO II - W -.J <i u (f) W m r<> w '" z «0 tr_ '2 U>a ....- r<>1- e:.~ :¡:U? U> Z :;; a I- SHEET 5 OF 7 JOB No, B379 F.B. - PG. BJ79SK04-2,dwg 3-5-01 8028'39 OM EST DATE: 02-19-01 BY: LJH CHECKED: GRB ~ L f\;;\ \' . Lawson, ENGINEERS . PLANNERS . SURVEYORS 590 NW Peacock 8òulevard, Suite 9, Pori SI. Lucie, Florida 34986 (561) 878-1700 . fox: (561) 878-1802. emoil: Inw-psl@lnw-inc,com West Palm Beach· Port St. Lucie . . . Noble & . . . . . . . . ..- Webb, Inc. LB -6674 SKETCH TO ACCOMPANY DESCRIPTION CONTINUED-SHEET 7 - MATCH LINE I~ I UJ o ·W => z ~I§ ..J I U. - <J: :::;; SECTION 5 SECTION 4 SECTION 8 SECTION 9 TOWNSHIP 37 S" RANGE 39 E. _--_.. ~C'O.D.-4 /' DETAIL: ....... 882.44 ACRES +/- NTS " " . R~178.00' \ 6=7"37'32" \ / L=23.69' R=191O.00', ~ ~ N77·49'24"W _ - , I 6= 15·06'26 <i. ~ ~ N.R. L=S03.61, I 187.22 I- 11> g IS89·59'45"W I N59·47'08"W g~ 8 \ 172.11' í~ 74.32' Z ,SOI.48'45"E --.-l '\1 LSOS'48'47"W S71·44'3,rW \" RADIAL I RADIAL f 22.94 \ S35·24'06"W " I SI2.44'20"W / 74.68' ~ " ~ RADIAL /SI7·5I'33"E ....... L /' 60.24' --- - - /' S03'16ì4"E 68.5 ' S06·57'O "E 111.41' S02.11'39"E 42.13' S03'OO'12"W 59.95' N.R. S49"36'24"W S29·13'49"E 39,\4' ~ 280,04' j R=2410.00' R=1150.00' 6=11"25'28"rr f 6=12·06'52" R= 1910.00' L=480.54' '1'1 ...- L=243.15' (6= 15·06'26" ,'<J <;,a'3"t- N R L=503.61, ...!"(, s,!!: D\Þ.\- S87'3S;24"W S89·59'45"W "" "~ø..- ~þI 34.41' 172.11' J! 5':;-. ~~:<t \ P,C. 2 ~"':~'// ""'I ~ '-- SSI·57'30"W SOl"48'45"E I U'r )ý RADIAL '.>/. S12·43'13"E ~ S13.47'04"E RADIAL I 124.29' \ RADIAL ~ 2 12 S2S·35'46"W S33·02'56"W P.O.B. f 131.77' 34.89' P.O.C. S27·50'46"W P.B. S12'44'20.W RADIAL R=951.02' ~.C, RADIAL 6~42.25'02" .R.C, L=704,06' P,~, 6 L N.R. OR.8. B379SK04-3.dwg 3-5-01 o o \.0 II - W --.J <{ U en / / f S07·13'39"E 222,22' SEE SHEET I - 3 OF 7 FOR DESCRIPTION POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RAOJUS DENOTES DELTA DENOTES ARC LENGTt1 DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK 12,02,09 p" EST SHEET 6 OF 7 JOB No, 8379 BY: LJH CHECKED: GRB F.B. - PG. DATE: 02-19-01 '-' L 1\:;\\' . . . . . . . . . . . ..-- Lawson, Noble & Webb, Inc. LB #6674 ENGINEERS . PLANNERS SURVEYORS 590 NW Peacock Bòulevard, Suite 9, Part SI. Lucie, Florida 34986 (561) 878-1700 . fax: (561) 878-1802. email: Inw-psl@lnw-inc.cam West Palm Beach, Port St. Lucie SKETCH TO ACCOMPANY DESCRIPTION o o o w '" '" w C) z « 0: 00 . zui Ot- j::r<) u"- w~ ",I '" Z ::;: o f- II - ~ W ....J <t U (/) if' "-. f:~ !"~ !!:!", ~ [LJ ¡¡., - 10 - Ñ~ 10 00 " 10 2 '" z Nl1·39·14"E 299.59' N03"34'36"E 264.67' z o ex> N U> . OJ A , 0 '" . OJ OJ - q ::Ë ~ ~ Ü):J :- qc;i o ( 'If- 01-0 o ~t:: o z w (J) '" w C) z « 0: .q- uiz t-O "'~ f- "-u ~w iJj<n Z 5: o f- SECTION 33 TOWNSHIP 36 S., RANGE 39 E, TOWNSHIP 37 S., RANG(:39 E. SECTION 4 - - -- " " / / I I I I I I I I , \ \ \ N56·0I'40"E 31,64' N73·43'17"E N85'53'57"E 132.02' l N54'34'18"E N59·06·39::8.73' ~ \ 424,13' \ / \ J N65'11'39"E ~ \1 I 178.59' \ ,_" "I:. N70·54'26"E 1-116'04'00. 143,67' ,""" r ""'m",",' SEE 121.35' DET AIL .----- DET AIL N.T.S. \ , , " " .........--------- I MATCH LINE CONTINUED SHEET 6 wt- z w - I ..J '" I'O U w f- => « z ::;;: ~ f- Z o U JOB No. B379 SEE SHEET 1 - 3 OF 7 FOR DESCRIPTION CHECKED: GRB BY: LJH CD.D.-4 882.44 ACRES + /- MATCH LINE CONTINUED SHEET 5 SECTION 4 TOWNSHIP 37 5., RANGE 39 E. TOWNSHIP 37 S.. RANGE 39 E. SECTION 9 ~ P.O,B. P.O.C. P.B. P.C. P.R.C, P.T, R ð L N,R. O.R.B, N66·21 '07"E 557,84' q- z o ¡:: U W (J" lL. o W z :J w VI o o ,;¡ '-'! ~ ::Ë t(: ~ « uoo,,- => '" - ...Iz~ "-:2", "'f-O f-UO o:Wa¡ )~ '" o c¡ OJ '" Ñ ..., ::E '" '" U> tv -! POINT OF BEGINNING POINT OF COMMENCEMENT PLAT BOOK POINT OF CURVATURE POINT OF REVERSE CURVATURE POINT OF TANGENCY DENOTES RADIUS DENOTES DEL T A DENOTES ARC LENGTH DENOTES NON-RADIAL DENOTES OFFICIAL RECORD BOOK B379SK04- 4.dwg 3-5-01 12>04'50 p" EST F.B. - PG. DATE: 02-19-01 SHEET 7 OF 7 '-" ....,,¡ EXHIBIT B EVIDENCE OF WRITTEN CONSENT OF OWNER"S CONSENT TO ESTABLISHMENT OF WESTCHESTER NO.4 COMMUNITY DEVELOPMENT DISTRICT Westchester Development Company, a Florida corporation ("Owner"), hereby certifies thal it is the owner of certain property located in St. Lucie County, Florida, more particularly described on Schedule A hereto (the "Property"), By signing below, the Owner hereby gives its full consent to the establishment by St. Lucie County, Florida of the WESTCHESTER NO.4 COMMUNITY DEVELOPMENT DISTRICT (the "District") in accordance with Section 190.005, Florida Statutes, and to the inclusion of the Property within the boundaries of the proposed District. The Property comprises 100% of the property to be ineluded within the boundaries ofthe proposed District. IN WITNESS WHEREOF, the undersigned has hereunto set his hand this lJfft.day of JJl V ,2001. I By: Title: DEVELOPMENT COMPANY STATE OF FLORIDA ) COUNTY OF ST. LUCIE ) The foregoing instrument was ac:k¡nowledged before me this 1i!!3. day of JrJlý , 2001, by ihl/I v· H¡f¡yØher , the fY6nJe...+ of WESST£:HESTER DEVELOPMENT COMP who is personally known to me [~r produced as identification. Notary Public ~; ~ Pnnted Name: C. ~,,?Y pÝ(J OFROIAI.NOTAAV SEAl. o <;.. SHIRLEY II SMITH l[~ c; COMMISSIONNUt.lSER '!\ ; Dool5824 ""1- ~ MYCOMMISSICNEXPIRES 0, F\.O MAY 42005 FTL:76893S:2 FTL:768935:2 '-' '-' EXHIBIT C MAP OF PROPOSED DISTRICT . . 4 '-' Existing.Jtormwater Outfall to SFWMD C-24 Canal (via Peacock Canal) . N . CDD-4 882.44 Ac. soo r"""""I o soo SCAlE IN FEET 1600 , ~ Community Development District #4 Notes: 1. There are no existing water or sewer interceptors on-site. 2. The existing stormwater outfall is at the northeast property corner. WESTCHESTER '-' ...,¡¡ EXHIBIT D PROPOSED CONSTRUCTION TIMETABLE AND ESTIMATED COSTS 4 FTL:7689J5:2 '-' "-" WESTCHESTER CDD-4 DEVELOPMENT Proposed Construction Timetable & Estimated Costs DRI Common Development Infrastructure (265.80 Ac.) Unit Description Unit Price Quantity Total Earthwork LS $3,509,200 1 $3,509,200 Roadways & Storm Drainage Systems LS $9,134,900 1 $9,134,900 Water & Sewer Utilities Systems LS $2,063,700 1 $2,063,700 Other Infrastructure Costs LS $2,830,000 1 $2,830,000 Sub Total: $11,537,800 Contingency: 10% $1,753,780 Total Cost: $19,291,580 DRI Common Development Cost Distribution by CDD Prorata Description Share 1 Community Development District # 1 $1,199.622 Community Development District # 2 $4.093,436 Community Development District # 3 $2,921,675 Community Development District # 4 $11.076,847 Total Cost: $19,291,580 CDD-4 Development (882.44 Ac.) Unit Description Unit Price Quantity Total Earthwork LS $7,571,400 1 $7,571,400 Roadways & Storm Drainage Systems LS $14,333.900 1 $14,333,900 Water & Sewer Utilities Systems LS $5,838,000 1 $5,838,000 Other Infrastructure Costs LS $3.780,000 1 $3,780,000 Sub Total: $31,523,300 Contingency: 10% $3,152,330 Total Cost: $34,675,600 CDD-4 Good Faith Estimate Total: I $45,752,40°1 Notes: 1 The DRI Common Development Infrastructure Costs are assigned to each District according to the Master Improvement Costs Allocation methodology presented in the Statement of Estimated Regulatory Costs Report for this District. 2 Additional funds will be added to each District's Good Faith Estimate Bond amount for inflation, bond closing costs, and bond reserves, as applicable, Master CDD-4 Development Timetable Project Construction Schedule % Complete Construction Value Phase 1 (Years 0-5) 0% $0 Phase 2 (Years 5-10) 45% $20,588,580 Phase 3 (Years 10-15) 40% $18,300.960 Phase 4 (Years15-20) 15% $6,862,860 5/4/2001 Page 1 of 1 S:/WestchesterIOocuments Excel/COD Infrastructure Budgets,xls '-' "-" EXHIBIT E DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION. LOCATION AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR THE AREA WITHIN THE PROPOSED DISTRICT 4 FTL:76893S:2 '-' '..,; . . Q ~v C ~"'-:-.. ~ Not Included -"'-~ ..--- --- - - - - A , " ,.. !I-" .\. 1:1- .~ : - ï" ~ I) ) <0 ~ (J1 - \ - Lo ^) \ ( \ - ¡ - . - ! '" . ~ . I- ~ ',,».. . .> ~ ,. .... ~ --.--- _ ... r- ( þ( I F M r"- !"- I 10 l"- I I 1'\ - ~ G-~~ RU-5 1\ '\ t\Ayn, WESTCHESTER Existing Land Use St. Lucie County, Florida COO: lAND USE CA TAGOAY: TOTAL COD AREA: Ed ~481 ~ I MX~;W I MX~MED I 88~44 o Lucido &: Assocla tes a ~~ - V";,,"Y ...,~............ v~ ,.._ -- ~ AG-5, AgrIcUbn CO2 ....ecI ~ RlJ.5, _ lkben 15 WIecI OIJIJ MXD - Law ~ Mbced uae DewIfoømonII5 WIocI ~ MXD - MedUn ~ t.Ixed ~ uae Dewbp.,..c (5.9 WIocI SOURCE: Sl Lude CoII1Iy CoI.",,__ PW\ NOTE: AI ~ lie 1I IpfOXimete. 111111111111.. ~ _ C2IXJ' RJW FTl:76893S:2 "-' -' EXHIBIT F ST ATEMENT OF ESTIMATED REGULATORY COSTS 4 . 4 '-' ......, STATEMENT OF ESTIMATED REGULATORY COSTS WESTCHESTER COMMUNITY DEVELOPMENT DISTRICT #4 1.0 Introduction « 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petition to form the Westchester Community Development District #4 ("District"). The proposed District comprises approximately 882.44 acres of land located in St. Lucie County. The District proposes to provide infrastructure and community services to the Westchester development as described more fully below. f The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), F.S. (governing District formation or alteration) as follows: "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to manaQinq and finañCinQ the service delivery function of the district, so that any matter concerninq permittinq or planninq of the development is not material or relevant (emphasis added)." 4 1.2 Overview of the Westchester DRI and the Community Development Districts Proposed for it including Westchester Community Development District #4 District #4 is designed to provide community infrastructure, services, and facilities along with their operations and maintenance, to a portion of the Westchester DRI located in 8t. Lucie County (the "development"). The development is a master planned, mixed-use, fully amenitized, community. The DRI includes 2,033 acres. The landowner plans to establish community development districts on 1,677.74 of these acres. The land plan for the portion of the DRI planned for community development districts consists of: (a) 4,500 residential units, (b) 2,001,000 square feet of offices, (c) 575,000 square feet of retail space, and (d) 300 hotel units. Given the size and scope of the development, the landowner is proposing to establish four community development districts to serve the project. Four districts are optimal for the development because this articulation allows for each district to focus on the unique requirements of the land within its boundaries. District #1 serves an exclusively commercial area in the project that will be developed in the first phase of the development program. By contrast, the land in District #2 is planned exclusively as a corporate office park with a civic/school site. The land in District #3 is planned only for use as a residential community with no commercial, retail, or office uses. Finally, District #4 is projected for future development as a town center with retail uses at its core and surrounding residential uses. No offices are planned for the land in District #4. In light of these very different land uses, and the unique demands for community development district facilities and services, it is optimal to create four unique community development districts, one for each area. Page 1 of 10 Apri125,2001 '-' ....." - - Table 1 displays the current land use plan for the lands within each of the four proposed community development districts planned for the Westchester DR!. Table 1 contains the most current information available, but it is subject to change as land planning activities continue. Table 1. Land Use Plan for the Area in Westchester Served by the Westchester Community Development Districts #1 through #4 Category CDD#1 CDD#2 CDD#3 CDD#4 Total Acres 74.25 257.45 463.60 882.44 1,677.74 Single Family ° ° 863 2,512 3,375 Multifamily ° ° 287 838 1,125 Retail 125,000 ° ° 450,000 575,000 Office 78,500 1,922,500 ° ° 2,001,000 Hotel ° ° ° 300 300 Source: St. Lucie West Development Corporation The Westchester Community Development District #4 is designed as a mixed- use area in the DR!. The District will provide community development district facilities and services to the 882.44 acres in the District. In addition, as part of a system of community development districts that are planned for a portion of the DRI, land in District #4 will be subject to assessments for master community improvements that will be financed and constructed on its behalf by District #1. It is anticipated that the four community development districts will enter into a series of inter local agreements providing for this sharing of the costs for master improvements and their operation and maintenance. 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), F.S. (1997), defines the elements a statement of estimated regulatory costs must contain: "(a) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (b) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (c) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local governmental entities, required to comply with the requirements of the rule. As used in this paragraph, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be Page 2 of 10 April 25, 2001 '-' .",; employed in complying with the rule, additional operating costs in~urred, and the cost of monitoring and reporting. (d) An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. St. Lucie County is not defined as a small County for purposes of this requirement. (e) Any additional information that the agency determines may be useful. 2.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the ordinance, together with a general description of the types of individuals likely to be affected by the ordinance. As shown in Table 1, District #4 encompasses 882.44 acres of land planned for 2,512 single-family homes, 838 multifamily units, 450,000 square feet of retail space and 300 hotel rooms. The landowners and tenants of this space will be affected by the proposed formation of District #4. 3.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed ordinance, and any anticipated effect on state and local revenues. 3.1 Costs to Governmental Agencies of Implementing and Enforcing Ordinance State Governmental Entities There will be only modest costs to various State governmental entities to implement and enforce the proposed formation of the District. The District consists of fewer than 1,000 acres, so St. Lucie County is the establishing entity under 190.005 (2), F.S. The modest costs to various State entities to implement and enforce the proposed ordinance relate strictly to the receipt and processing of various reports that the proposed District is required to file with the State and its various entities. Appendix A lists the reporting requirements. The costs to those State agencies that will receive and process the District's reports are very small, because the District is only one of many governmental units that are required to submit the various reports. Therefore, the marginal cost of processing one additional set of reports is inconsequential. Additionally, pursuant to section 189.412, F.S., the proposed district must pay an annual fee to the State of Florida Department of Community Affairs to offset such costs. St. Lucie County St. Lucie County will incur costs reviewing the petition and its supporting exhibits. In addition, the County will hold a public hearing to discuss the petition and to take public input. These activities will absorb staff time and time of the County Commissioners. However, even these costs to the County are modest for a Page 3 of 10 April25,2001 ""'" .."" number of reasons. First, review of the petition to establish the Qistrict does not include analysis of the project itself. Second, the petition itself provides much of the information needed for a staff review. Third, local governments already possess the staff needed to conduct the review without the need for new staff. Fourth, there is no capital required to review the petition. Finally, local governments routinely process similar petitions for land uses and zoning changes that are far more complex than is the petition to establish a community development district. These one-time costs to the County are offset by the filing fee that accompanies this petition. The annual cost to the County is also low because of the establishment of the proposed District. The proposed District is an independent unit of local government. The only annual cost the County faces is the minimal cost of receiving and reviewing the various reports that the District is required to provide to the County. 3.2 Impact on State and Local Revenues Adoption of the proposed ordinance will have no negative impact on State or local revenues. The District is an independent unit of local government. It is designed to provide community facilities and services to serve the development. It has its own sources of revenue. No State or local subsidies are required or expected. In this regard it is important to note that any debt obligations incurred by the CDD to construct its infrastructure, or for any other reason, are not debts of the State of Florida or any unit of local government. By State law debts of the CDD are strictly its own responsibility. 4.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the ordinance. Table 2 provides an outline of the various facilities and services the proposed District may provide. The District plans to fund the major arterial roads, portions of the local roadways, landscaping, portions of the parks and recreation facilities, drainage and the utilities. The major roadways will be dedicated to the County and the County will be responsible for their upkeep. The other roadways in the community will be funded by the developer and by the District. The roadways funded by the developer will be private roads dedicated to a property owners association (POA) for operation and maintenance. The remaining local roadways will be funded, operated, and maintained by the District. The District and the POA will share the responsibilities for owning, operating and maintaining the landscaping. The District is responsible for the landscaping on public roadways and the POA is responsible for the private areas. This same arrangement is planned for the parks and recreation facilities that serve the property owners in this District. Page 4 of 10 April 25, 2001 ........ 'WI The District will retain ownership of the drainage systems, and -the District will maintain these systems. The District will fund the community's utility systems. These systems will either be retained by the District for upkeep, or they will be dedicated to either the St. Lucie West Services District or to the City of Port St. Lucie for operation and maintenance. Table 2. Westchester Community Development District #4 Proposed Facilities and Services FACILITY Major arterial roads Other roads Landscape Parks & recreation Drainage Utilities FUNDED BY CDD CDD/Developer CDD CDD/Developer CDD CDD O&M BY County CDD/POA CDD/POA CDD/POA CDD CDD/St. Lucie W. Svc. DistricUCity OWNERSHIP County CDD/POA CDD/POA CDD/POA CDD CDD/St. Lucie W. Svc. DistricUCity The petitioner has estimated the costs for providing the capital facilities outlined in Table 2. The cost estimates are shown in Table 3 below. Total costs for these facilities are estimated to be approximately $4,382,510. To fund this construction program the District may issue special assessment or other revenue bonds. These would be repaid through non-ad valorem assessments levied on all properties in the District that may benefit from the District's capital improvement program as outlined in Table 2. Table 3. Cost Estimate for District Facilities Westchester Community Development District #4 Category Total Phase 1 Phase 2 Phase 3 Phase 4 Roads $18,113,900 $0 $8,151,255 $7,245,560 $2,717,085 Drainage $7,571,400 $0 $3,407,130 $3,028,560 $1,135,710 Utilities $5,838,000 $0 $2,627,100 $2,335,200 $875,700 Contingency $3,152,330 $0 $1,418,549 $1,260,932 $472,850 -------- ------ -------- -------- -------- -------- ------ -------- -------- -------- Total $34.675,630 $0 $15,604,034 $13,870,252 $5,201.345 In addition, as noted above, District #4 will also share in the benefits of the master community improvements that will be provided by District #1. If the other three community development districts are approved, District #1 will fund the master community improvements (major arterial roads, master drainage facilities, backbone water and sewer systems, etc.) benefiting all of the lands in all of the districts. Table 4 provides projections for the costs and timing of these community facilities. Page 5 of 10 April 25. 2001 '-" ....,; Table 4. Westchester Community Development District#4 Community Facilities Funded by District #1 Category Total Phase 1 Phase 2 Phase 3 Phase 4 Roads $11,964,900 $5,982,450 $2,991,225 $1,794,735 $1,196,490 Drainage $3,509,200 $1,754,600 $877,300 $526,380 $350,920 Utilities $2,063,700 $1,031,850 $515,925 $309,555 $206,370 Contingency $1,753,780 $876,890 $438,445 $263,067 $175,378 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- Total $19,291,580 $9,645,790 $4,822,895 $2,893,737 $1,929,158 The costs shown in Table 4 will be distributed among the various districts based upon the benefits that properties within each district receive from the master improvements. The ultimate distribution of the costs according to the benefits received will be memorialized in: (1) a set of inter local agreements among the various districts and (2) a master assessment methodology approved by all four districts. Although the exact nature of these agreements cannot be known at this time, the benefits of the master improvement program can be estimated and distributed among the districts according to the three-step methodology. 4 First, the benefits of the roadway system are distributed based on trip generation rates. Second, the costs for the master drainage system are allocated to benefiting lands on the basis of their acreage. Third, the costs for utilities are divided based on the number of equivalent residential units. Finally, the costs of the contingencies are included in each of the three cost categories described above. There are a number of accepted methods for measuring the benefits of a roadway improvement program, however, the most widely used method is based upon trip generation rates. The theory is straightforward; land uses generate trips on the district's roadways. The roadways are designed to accommodate the trips. Trip rates are available from the Institute of Transportation Engineers 1. Table 5 provides the calculations for distributing the costs of the master roadway improvements among the proposed districts. Table 5. Distribution of Costs for Master Roadway Improvements Category Single Family Multifamily Retail Office Hotel Trip Rate CDD#1 CDD#2 CDD#3 CDD#4 Total 9.57 0 0 8,259 24,040 32,299 6.63 0 0 1,903 5,556 7,459 50 6,250 0 0 22.500 28,750 12,5 981 24,031 0 0 25,013 6,69 0 0 0 2,007 2,007 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- 7,231 24,031 10,162 54,103 95,527 7.57% 25,16% 10.64% 56.64% 100.00% $996,297 $3,310,945 $1,400,048 $7,454,100 $13,161,390 % Trips Cost allocated I Institute of Transportation Engineers (1997) Trip Generate 6th Edition, Washington:D,C. Page 6 of 10 April 25. 2001 '" ...." As was the case for roadways, there are numerous methodõ/ogies used to measure the benefits flowing from a drainage system. One of the most widely used is acreage. The theory is that every developable acre in the districts benefit from drainage. Table 6 provides the estimates for the proposed districts. Table 6. Distribution of Costs for Master Drainage Improvements Category Acreage % Acreage Cost allocated CDD#1 74.25 4.43% $170,833 CDD#2 257.45 15.35% $592,337 CDD#3 463.60 27.63% $1,066,644 CDD#4 882.44 52.60% $2,030,305 Total 1,677.74 100.00% $3,860,120 Equivalent residential units are the basis for assessing the benefits of the master utility improvements. These improvements are sized on the basis of equivalent residential connections. Table 7 displays the distribution of these costs. Table 7. Distribution of Costs of Master Utility Improvements Category Single Family Multifamily Retail Office Hotel %ERU Cost allocated ERUs CDD#1 CDD#2 CDD#3 CDD#4 Total 1 0 0 863 2,512 3,375 1 ° 0 287 838 1,125 0,5 63 ° 0 225 288 0,25 20 481 0 ° 500 1.5 0 0 0 450 450 -------- -------- -------- -------- -------- -------- -------- -------- -------- -------- 82 481 1,150 4,025 5,738 1.43% 8.38% 20.04% 70.15% 100.00% $32,492 $190,153 $454,983 $1,592,442 $2,270,070 Table 8 brings these various estimates together for each of the proposed districts. Costs per acre are also shown. The costs per acre vary significantly across the various districts because of the unique nature of the land uses within each of the districts. Table 8. Summary of Total Allocations for Master Improvement Costs land Use Total Total per acre CDD#1 $1,199,622 $16,157 CDD#2 CDD#3 CDD#4 $4,093,436 $2,921,675 $11,076,847 $15,900 $6,302 $12,553 Total $19,291,580 $11,499 Prospective future landowners in the District may be required to pay non-ad valorem assessments levied by the District to secure the debt incurred through bond issuance. In addition to the levy of non-ad valorem assessments for debt service, the District may also impose a non-ad valorem assessment to fund the operations and maintenance of the District and its facilities and services, as well as a proportionate share of the cost of operations and maintenance of the master improvements. Page 7 of 10 April 25, 2001 '-' ...." It is important to note that the various costs outlined in Tables 3 and 8 are typical for developments of the type contemplated here. In other words, there is nothing peculiar about the District's financing that requires additional infrastructure over and above what would normally be needed. Therefore, these costs are not in addition to normal development costs. Instead, the facilities and services provided by the District are substituting in part for developer-provided infrastructure and facilities, Along these same lines, District-imposed assessments for operations and maintenance costs are similar to what would be charged in any event by a property owners association common to most mixed- use developments. Real estate markets are quite efficient, because buyers and renters evaluate all of the costs and benefits associated with various alternative locations. Therefore, market forces preclude developers from marking up the prices of their products beyond what the competition allows. To remain competitive the operations and maintenance charges must also be in line with the competition. Furthermore, locating in the District by new residents is completely voluntary. So, ultimately, all owners and users of the affected property choose to accept the District's costs in tradeoff for the benefits that the District provides. The District is an alternative means to finance necessary community services. District financing is no more expensive, and often less expensive, than the alternatives of a municipal service taxing unit (MSTU), a neighborhood association, County provision (directly or via a dependent special district), or through developer-bank loans. Finally, Florida law requires the full disclosure of the existence of the proposed District and of its assessments. Therefore, prospective landowners are fully apprised of the impact of the District on any lands they may purchase. 5.0 An analysis of the impact on small businesses as defined by Section 288.703, F.S., and an analysis of the impact on small counties and small cities as defined by Section 120.52, F.S. There will be no impact on small businesses because of the formation of the proposed District. If anything, the impact may be positive. This is because the District must competitively bid certain of its contracts. This affords small businesses the opportunity to bid on District work. St. Lucie County has an estimated population that is greater than 10,000 in the most current census (2000). Therefore, the County is not defined as a "small" county according to Section 120.52, F.S. Page 8 of 10 April 25. 2001 -.--. -- "'" -- ......- 1.- - '..I APPENDIX A LIST OF REPORTING REQUIREMENTS REPORT FLORIDA STATUTE CITE Annual RnandalAudij 11 .45 Annual Financial Report (AFR) 218.32 TRIM Compliance Report 200.068 Form 1 - Limited Financial Disclosure 112.3144 Public Depositor 215 Proposed Budget 218.34 Public Fadlities Report 189.415 Public Meetings Schedule 189.417 Bond Report 218.38 Registered Agent 189.417 Page 10 of 10 DATE 12 months after end of fiscal year by March 31 130 days after by July 1 by November 15 by September 1 March 1 beginning of fiscal year When issued 30 Days after « April 25,2001 ~ '-' 'wi Agenda Request Item Number Date: ~ò " August 21, 2001 Consent Regular Public Hearing Leg. [ X ] [ [ ] [ X ] Quasi-JD [ SUBJECT: Consider Draft Development Agreement OVA 01-001 Betwee Board of County Co missioners of St. Lucie County, Florida and the Westchester Development Company respecting the projec to be known as the Westchester Development Of Regional Impact. To: Submitted By: Board of County Commissioners Community Development BACKGROUND: The Westchester Development Company owns approximately 2,033 acres west of /-95 and north/northwest of Gatlin Boulevard. Westchester intends to develop a multi-phased project to be known as the Westchester Development of Regional Impact ('Westchester DRI"), which will upon completion include 6,500 dwelling units; 750,000 square feet of retail space; 2,001,000 square feet of office space and 300 hotel rooms along with associated ancillary facilities including a school, at least one church, general common areas and recreational facilities, and other necessary public lacilities, Development Agreement DVA-01-oo1 serves to recognize the approval actions taken to date and to recognize that certain other agreements have been reached between the Westchester Development Company and other effected units of local govemment in the County, specifically the City of Port St. Lucie. In January of 2001, Westchester entered into an agreement with the City of Port St. Lucie regarding the payment of certain lunds to the City to assist the City in widening the portion 01 Gatlin Boulevard from Port St. Lucie Boulevard to just east 011-95, Westchester has agreed to pay to the City the sum of $2,000,000 million dollars for this improvement project. In consideration lor this, the City 01 Port St. Lucie has agreed to reserve certain trip capacities along this roadway lor concurrency purposes, Since the pre-payment of funds to the City 01 Port St. Lucie is for capacity reservation in excess of this first phase impacts, Westchester is seeking recognition from the County that the payment 01 this money equates to the pre-payment of the projects required road impact fees, Development Agreement DVA-01-001 provides for this recognition. This agreement provides that upon presentation of proof of payment to the City, the County will consider that payment to be the equivalent 01 a prepayment of road impact fees due from this project. The developer may then "draw down" against the total amount of funds paid to the City as a type of road impact fee credit, and avoid any further road Impact fee payments until such time as the equivaient of $2,000,000 has been expend. f FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: NfA NfA This is the first of two required public hearings on this proposed Development Agreement. The purpose of the August 21, 2001, public hearing is to present the draft Development Agreement and accept any comments or input on the terms and provisions of the Agreement. The second public hearing on this agreement will be held on September 4, 2001, at 7:00 PM or as s hereafter as possible, , COMMISSION ACTION: [Jl] APPROVED ~ DENIED D OTHER Approve to continue to Sept. 4th County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND592) '-' '...I Commission Review: August 21 , 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division 4 MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 20, 2001 . SUBJECT: Consider Draft Development Agreement DV A 01-001 Between the Board of County Commissioners of St. Lucie County, Florida and the Westchester Development Company respecting the project to be known as the Westchester Development Of Regional Impact ~ Attached is a copy of draft Development Agreement DV A-01-001. This draft agreement is between the Board of County Commissioners and the Westchester Development Company, the developers of the pending Westchester Development of Regional Impact. This Development Agreement has been prepared in accord with the Florida Local Government Development Agreement Act, Section 163-3220-163.3242, Fla. Stat. ("Act") and Section 11.08.00 of the St. Lucie County Land Development Code. The Westchester Development Company owns approximately 2,033 acres west of 1-95 and north/northwest of Gatlin Boulevard. Westchester intends to develop a multi-phased project to be known as the Westchester Development of Regional Impact ("Westchester DRI"), which will upon completion include 6,500 dwelling units; 750,000 square feet of retail space; 2,001,000 square feet of office space and 300 hotel rooms along with associated ancillary facilities including a school, at least one church, general common areas and recreational facilities, and other necessary public facilities. « On March 6, 2001, the Board of County Commissioners, through Resolutions 01-110 and 01- 111 granted Preliminary Planned Development approval for Phase I of the Westchester DR!. Phase I development is to consist of 800 dwelling units, 78,500 square feet of office, 75,000 square feet of commercial, and associated ancillary facilities including a school, a church, common areas. The total area included in the Phase I portion of this development is 576.38 acres. . The attached Development Agreement DVA-01-001 serves to recognize the approval actions taken to date and to recognize that certain other agreements have been reached between the Westchester Development Company and other effected units of local government in the County, specifically the City of Port St. Lucie. In January of 2001, Westchester entered into an agreement with the City of Port St. Lucie regarding the payment of certain funds to the City to assist the City in widening the portion of Gatlin Boulevard from Port St. Lucie Boulevard to just east of 1-95. Westchester has agreed to pay to the City the sum of $2,000,000 million dollars for '-" 'wi August 20, 2001 Page 2 Subject: Westchester Development Agreement · this improvement project. In consideration for this, the City of Port St. Lucie has agreed to reserve certain trip capacities along this roadway for concurrency purposes. Since the pre-payment of funds to the City of Port St. Lucie is for capacity reservation in excess of this first phase impacts, Westchester is seeking recognition from the County that the payment of this money equates to the pre-payment of the projects required road impact fees. Development Agreement DV A-01-001 provides for this recognition. This agreement provides that upon presentation of proof of payment to the City, the County will consider that payment to be the equivalent of a prepayment of road impact fees due from this project. The developer may then "draw down" against the total amount of funds paid to the City as a type of road impact fee credit, and avoid any further road impact fee payments until such time as the equivalent of $2,000,000 has been expend. · · This is the first of two required public hearings on this proposed Development Agreement. The purpose of the August 21, 2001, public hearing is to present the draft Development Agreement and accept any comments or input on the terms and provisions of the Agreement. The second public hearing on this agreement will be held on September 4, 2001, at 7:00 PM or as soon thereafter as possible. No actions are being requested at this time other than to announce that the seGonJ ;. .:lic hearing on this matter will be held on Tuesday September 4, 2001 at 7:00 PM or as soon thereafter as possible, in the County Commission Chambers. There will be both published and mailed notifications of this hearing sent out prior to it being conducted. If you have any questions, please let me know. SUBMITTED: DJM/ Westchesterdva1 memo1 (h) cc: County Administrator County Attorney Finance Director Management & Budget director Public Works Director Planning Manager Paui J. Hegener, Westchester Development Company Noreen Dreyer, Esquire - Ruden, McClosky, Smith, Schuster & Russell, P,A, 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 '-' "'-" DV A-01-001 . DEVELOPMENT AGREEMENT BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA AND WESTCHESTER DEVELOPMENT COMPANY RESPECTING THE PROJECT KNOWN AS THE WESTCHESTER DEVELOPMENT OF REGIONAL IMPACT , THIS AGREEMENT is made and entered as of this day of 2001, by and between the BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA ("Board") and WESTCHESTER DEVELOPMENT COMPANY, a Florida corporation, formerly known as St. Lucie Farms, Inc., ("Owner"). WHEREAS, the Board and the Owner recognizethefollowing: A. This Agreement is entered in accordance withtheFlorida Local Government Development Agreement Act, Section 163-3220-163.3242, Fla. Stat, ("Act") and Section 11.08.00 (Development Agreements) oUlle St. Lue;:ie County Land Development Code ("LDG"). B. The Owner owns approximately 2,033 acres west of /-95 and north/northwest of Gatlin Boulevard, and as described in the attached Exhibit A, on which the Owner intends to develop a multi-phased project knownastheWestchester Development of Regional Impact ('Wéstchester DRF,),Which will uponcompJétion include 6,500 dwelling units; 750,000 squarefeet of retail space; 2,001 ,000 square feet of office space and 300 hotel rooms along with associated ancillaryfacilities including a school, at least one church, general common areas and recreational facilities, and other necessary public facilities. C. On March 6, 2001, the Board granted preliminary site plan approval for Phase I of the WestchesterDRLe;:onsistingof 800 dwelling units, 78,500 square feet of office, 75,000 square feet of cOll1r1'1ercia.l, and associated ancillary facilities including a school, a church, common areas, aridJákes on 576.38 acres, described in the attached Exhibit B ("Property" or "Phase I"), through the approval Resolution 01-110 which granted preliminary Planned Unit Development (PUD) approval for the property described in the attached Exhibit C and Resolution 01·111 which granted preliminary Planned Mixed Use Development (PMUD) approval forthe property described in the attached Exhibit D, both Resolutions are attached as Exhibit E. D. In order to foster comprehensive and sound capital facilities planning and financing, to ensure the provision of adequate public facilities for development concurrent with the, impacts of development, to encourage the efficient use of resources, to reduce the I DVA-01-001 Draft #1 August 21, 2001 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 '-' -..".¡I economic cost of development, and to afford certainty in the approval of development, the Board and the Owner desire to establish by agreement the terms under which the Property may be developed. . E. On August 21, 2001 the Board held the first public hearing on this Agreement, after publishing notice approximately seven days prior to the first hearing. Notice of intent to consider this Agreement was mailed by the Board at least 15 days prior to the first hearing to all property owners, as reflected on the current years' tax roll, lying within 500 feet of the Property. F. On September 4,2001, the Board held the second public hearing on this Agreement, after publishing notice approximately seven days priorto the second hearing and afterannouncing at the first public hearing the day, time, and place of such second public hearing. 4 NOW, THEREFQRE, in consideration of the mutual covenants entered between the parties, and in consideration of the benefits to accrue to each, it iságreadas follows: ~ 1 . Accuracv of Recitals. The above recitals are true and COrrect. 2. Incorooration of Application Materials. The application for the e$tablishment of a PUD and a PMUD for the Property, all submissions by the Ownerin support of such application, and the Board's preliminary approval of the prelirpinarysite plarl~ppr9v~l~gfanted for a PUD (Resolution No. 01-010) and a. PMUD (Resolution No. ON.Jt1) (coUectively "Application Materials") are hereby incorporated byraferenca into thèrecord of the proceeding conducted by the Board to review this Agreement. 3. Mandatory Provisions. A. Legal Description and Owner. The landthatisthe subject of this Agreement is described in the attached Exhibit A, which includes land within the boundaries of the preliminary PUD and the preliminary PMUD approved by the Board on March 6, 2001, as further described in Section 2. The owner of legal and equitable title to the Property is Westchester Development Company, a Florida corporation. B. Duration. This Agreement shall expire ten (10) years after the effective date provided in Section 11, unless earlier terminated as provided in Section 8, or extended as DVA-01-001 Draft #1 August 21, 2001 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 '-' '" provided in Section 1 O. C. t Uses. Densities. Intensities. and Height. The following development shall be permitted on the Phase I portion of the Westchester development site: . 800 dwelling units · 78,500 square feet of office · 75,000 square feet of commercial · associated ancillary facilities including a school, a church, common areas, recreational facilities, and lakes. The uses, densities and intensities provided for in a final development order issued forthe Westchester DRI pursuant to Chapter380, Fla. Stat., orthe then applicable statutes and regulations, shall superseqe the descriptions contained in this paragraph and provided further that the Owner may seek adjustment of the approved plan of development in accordance with SectiOn 11.02.04 of the LDC without amending this Agreement so long as such adjustment is not inconsistent with the approved Preliminary Developmel1t'AgreëFT1~nt referenced in Paragraph 3(1 )(3), or any approved final development ordèrissuedfQr the Westchester DRI pursuant to Chapter 380, Fla. Statues. Notwithstanding the,'oregoing, in the event of a change in any statute or administrative regulation modifying the applicability of the DRI process to the Westchester DRl,the statute or regulation shall take precedence and shall be deemed incorporated into Jhis Agreement by reference, and nothing in this AgreementshäU be construed tOJeql.lire the development of the Property to undergo DRI reviewunlesssuch review continues to be required by statute or administrative regulation. D. Futuretand Use Map Designation. The future land use designations of the Property under the Future Land Use Element of the SLtucieCounty Comprehensive Plan are Mixed Use Development (MXD); ResidentiarUrban (RU) and Agriculture 5 (AG-5). E. Zonina. The current zoning designations of the Property described in Exhibit A is Agriculture 1 (AG-1 ) and Agriculture 5 (AG-5). On March 6, 2001, the Board granted preliminary approval forthe establishment of a Planned Unit Development Zoning District (PUD) and a Planned Mixed Use Development Zoning District (PMU D)for the properties described in Exhibits C and D. f DVA-01-001 Draft #1 August 21, 2001 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 I. '-' '" F. Preliminary Site Plans. The preliminary site plan for the Property described in Exhibit B shall be the preliminary site plans approved by the Board on March 6, 2001, subject to such adjustments as may be obtained by the Owner in the manner described in the LDC and in Section 3(c) of this Agreement. No other preliminary site plans have been prepared for the balance of the property described in Exhibit A, less that portion described in Exhibit B t G. Adequacy of Public Facilities. The public facilities that will serve the Property shall be those described in Section 7 of this Agreement. H. Reservation or Dedication of Land. The Owner shall construct or cause the construction of the extension of Gatlin Boulevard, west of 1-95, and a north-south roadway. as generally depicted on tho preliminary site plans approved on March 6, 2001, Whichtoadways shall be public facilities open for use by the public. In the event that all required right of way cannot be obtained forthe alignmentofGatlinBoulevard as depicted on the preliminary site plans, then the extension otGatlin Boulevardl11aybe relocated so that it is entirely on Owner's property. The extension of GatlirtBoulevard and the north-south roadway shall be dedicated to the BoardÚpon the execution of an agreement between the Owner and the Board providing for maintenance standards and the continued maintenance of the/roadways. If constructiooof educational/facilities sufficient to provide classrooms for a minimumofl00 students has not commenced by the issuance of the 400th residential Certificate of Occupancy, the Owner shall dedicate 15 acres of the schooLsite to the St.Lucie County School District or other public or private entity deernedappropriate by the Board. Such dedication shall be restricted to the construction of classrooms and ancillary facilities for grades K through 12, or a portion thereof. To the extent permitted under the St. Lucie County Educational FacilityImpactFee Ordinance, or as may otherwise be provided by state law, the owner shall be entitled to receive credits towards any Educational Facility Impact Fees thatmaybe due to the County for any contributions, payments, construction or dedication of educational facilities meeting the requirements of the St. Lucie County Educational Facility Impact Fee Ordinance. Local DeveloDment Permits. The local development permits required for the development of the Property are (1) Comprehensive plan amendment - not required. DVA-01-001 Draft #1 Augus121,2001 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 (K) ""'" ....,,; (2) Rezoning - Changes in zoning to the one of the Countys Planned Development designations, as described in Section 7.01.01, 7.02.01 and 7.03.01 of the Land Development Code will be required. Specific zoning designations to be applied to the property described in Exhibit A will vary by type and location of the individual development areas within this project t (3) State approval - a Preliminary Development Agreement with the Florida Department of Community Affairs was approved on May 14, 2001, and is recorded in the Official Records of St. Lucie County beginning at OR Book 1394, Page 641, which permits the level of development described in Paragraph 3(C) priorto the completion of the formal development of regional impact process for the project to be known as Westchester. (4) Regulatory permits - Environmental Resource Permit(s) from the South Florida Water Management District. The need for other regulatory agency permits shall be determined based upon final development plan approval I (5) Subdivision plat approval- Final plat approvals will be required prior to the issuance of any building Permits for any primary portion of the area described in Exhibit A. (6) Final PUD (PlannedUnit Development},PNRD (Planned Non-residential Development) orPMUD (Planned Mixed Use Development) approval - required prior to sµbmittingany applications forfinal plat approval or obtaining individual building permits. (7) Building permit - required priorto commencing construction. (J) Responsibilitv forLocal Development Permits. All local developmentpermits shall be obtained at the sole cost of the Owner. In the eventthat a requiredlbcgldevelopment permit is not received, further development oftheportion of thePröperty or the improvement for which the permit is required shall not be allowed until such time as the Board has reviewed the matter and determinedwhether or not to terminate this Agreement or to modify it in a manner consistentwiththe St. Lucie County Comprehensive Plan. Consistencv with Comprehensive Plan. The Board finds that the development of the property described in Exhibit B, and as provided for in the preliminary site plans for a PUD and a PMUD, granted by the Board on March 6, 2001, are recognized as consistent with the St. Lucie County Comprehensive Plan. . DVA-01-001 Draft #1 August 21, 2001 Page 5 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 '-' ....,¡ (L) Consistencv with the Land Development Code. The Board finds that the development of the Property as provided in the preliminary site plans for a PUD and a PMUD, granted by the Board on March 6, 2001, are recognized as consistent with the St. Lucie County Land Development Code. f (M) Compliance with Other Law. Failure of this Agreement to address a particular permit,condition, term, or restriction shall not relieve the Owner of the necessityotcomplying with the law governing such permitting requirement, condition, term, orrestriction. (N) Necessarv Conditions. The conditions and requirements set forth in the preliminary site plan approval for a PUDanda PMUDforthepropertydescribedinE~hibitsCand D, that were granted by the Board on March 6, 2001. are reaffitmeda.shecessary to protect the health, safety, and welfare of the public and the citizensotSt.Lucie County. I 4. Authorization to Develop ProDertv. The Owner may proceed to developthe Proþertyinac/X)rdance with the preliminary PUD and PMUD approvals granted by the Board on MarCh6¡2001, consistent with applicable County regulations and standards. UponÓbtainingFihal PUD and PMUD approval for the area described under Exhibits C and. 0 and upon obtaining preliminary and/or final plat approval, as may be required, and uponsubmissioh of plans meeting technical building code requirements and payment of applicableJees,thèOwner shall receive any and all applicable building permits authorized under theApplication Materials, subject to the terms, conditions, reservations, and requirements of this. Agreement. If building permits for eighty per cent (80%) of the residential development and eighty per cent (80%)ofthenon-residential development of the Property have not been issued on or before. the tirnespecified inSection 3b., unless such date is extended in accordance with Section 10, theauthorizationto develop as contained herein shall be of no further force or effect. The date to complete may be extended in accordance with Section 380.06( 19), Fla. Stat., or the then applicable statutes and regulations, without amending this Agreement In the event that the development described in the Application Materials is not completed within the effective period ofthis Agreement, this Agreement and the authorization to develop as contained herein shall be of no further force or effect. t 5. ImDact Fees a. Applicabilitv. DVA-01-001 Draft #1 August 21 , 2001 Page 6 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 '-' ...., No building permit shall be issued for development of the Property unless and until any and all impact fees required under then applicable ordinances have been paid by the Owner or its assigns for such improvement. t b. Pre-pavment of Road Impact Fees. (1) The Board hereby acknowledges the Owner's obligations under that certain Capacity Agreement entered into between the Owner and the City of Port St. Lucie on January 31,2001 ("Capacity Agreement"), attached as Exhibit F, that will increase the capacity of and thereby improve the flow of traffic on Gatlin Boulevard, east of 1-95. The Board agrees that upon the Owner's fulfillment of its obligations under the Capacity Agreement, the Ownershall be entitled to recognize the payment of the $2,000,000 referenced in the capacity agreement to the City of Port St. Lucie as being a pre-payment of road impact fees applicable to the Property described in Exhibit A. Pursuant to the Capacity Agreement, the. fees are payable to the City in four installments, the first being duewithin 30 days of the City's advertising for bids for the widening of Gatlin Boulevard tosixlanes from Port St. Lucie Boulevard to the western CitylimiL The remainingiostallments are payable in six month intervals follöwingthepayment of the first installment. (2) The Board agrees that road impactfeesshall be deemed pre-paid at such time as each installment is paid to the City, up to the full amount of that installment. Owner shall.provide County with evidence of the amount and date of eachinstallmentþayment.Upon receipt of the evidence of payment of the required installment payment to the City of Port St. Lucie, the County shall be entitled to recognize theamount of the particular installment paid as beingatransportationexþenditure of the Countyforthe purposes of Chapter 336.075Florida Statutes, since the direct payment by the owner to the City of PortS!. Lucie is specifically recognized as being the equivalent of the County Commission passing through these same funds to the City for the Gatlin Boulevard improvement project, which is recognized as an impact fee eligible project. (3) TheBoardagrees that the draw-down schedule forthe pre-paid impact fees recognized under Paragraph 5(b)(1) above shall be as follows: single family dwellings multi-family dwelling 1 and 2 floors 3 floors or more commercial office $1,632 per unit $ 1,186 per unit $ 619 per unit $ 2,192 per 1,000 sf $ 1,090 per 1,000 sf For any other use not listed in the above draw-down schedule, the appl icable County Road Impact Fee schedule shall be used to determine the amount DVA-01-001 Draft #1 August 21, 2001 Page 7 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 (6) '-' .....,¡ to be drawn down. The impact fee rates any other use not listed in the above draw-down schedule, shall be based upon the impact fee schedules in effect the time of building permit issuance. f (4) By signing this agreement, "Owner" is not waiving any rights that it may have to claim future road impact fee credits for improvements that may be constructed in the future to the extent permitted under the "County's" Roads Impact Fee regulations. By signing this agreement, the "County" is not granting or recognizing any other pre-paid impact fees other than those specified in this agreement and the "County" is not setting a precedent in the manner it will handle future credit requests from the "Owner." (5) The "Owner" agrees to provide to St. Lucie County a detailedwritten report on the rate of the road impact fee draw-downs approved through this agreement. This report shall indicate the building permit number, the date of issuance of that permit and a description ofthe activity being permitted on which the normally required roadimpactJeeisnot being paid. The first of these reports shall be due on January 151 fOllówing the issuance of the first building permit on any portionofithepropertydescribed in Exhibit A, and shall be then be due by the 15thday.ofeach subsequent quarter. These reports shall be sent to the addressessetJorth below, County Administrator 2300 VirginiaAvenue Fort Pierce, Florida 34982 with copy to: County Attorney 2300 Virginia Avenue Ft. Pierce, Florida 34982 Community Development Director 2300Virginia Avenue Ft.Pierce, Florida 34982 The "Owner" may assign all or part of the pre-paid Road Impact Fees described in Section 3(B)(1) above to its successors in title and interest to all of part of the property described in Exhibit A. Such assignment shall be by recordable written instrument. Before the assignment is effective, a copy of the assignment shall be provided by the "owner" to S1. Lucie County at the address set forth below and the original assignment shall be recorded in the public records of St. Lucie County: County Administrator 2300 Virginia Avenue DVA-01-001 Draft #1 August 21, 2001 Page 8 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 '-' .....,¡ Fort Pierce, Florida 34982 with copy to: . County Attorney 2300 Virginia Avenue F1. Pierce, Florida 34982 Community Development Director 2300 Virginia Avenue Ft. Pierce, Florida 34982 In the event that any of these pre,paid road impact fees area assigned to a successor in title and interest, the owner shall still be responsible to coordinate with the assigned party forthe filing of the required quarterly reports described in parawaph 3(B)(5), unless and except if the assignment in title and interest is for the entirety or the remaining balance and the owner is divesting themselves of any further interestin the development area described in Exhibit A. 6. TemDorarv Construction Easements. Upon request of the Board, the "Owner" shall providètôthe Board temporary construction easements along Gatlin Boulevard to facilitate pUblic roadway, drainage and utilities construction or installation. Such easements shaUbe no greater than 20 feet in width and for no longer than 18 months in duration. 7. Adequacv of Public Facilities. ThefoHowing itemsin regard to the adequacy of public facilities in this area are acknowledged: a. Drainage: According to S1. Lucie County Flood Insurance Rate Map Panel 1211 1 C0275 F dated August 19, 1991, the Property is located within Zone C, which is defined as areas not subject to flooding. All construction activities will be in accordance with applicable S1. Lucie County and South Florida Water Management District permitting standards and regulations. b. Potable Water: Primary water supply services will be provided by the City of Port S1. Lucie, S1. Lucie West Services District, or a community development district which includes the Property. As part of the submittal of the Final Planned Development applications for all parts of the Westchester project, site specific utility service commitments shall be provided. DVA-01-001 Draft #1 August 21,2001 Page 9 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 DVA-01-001 Draft #1 '-' c. Sanitary Sewer: d. Solid Waste: e. Parks: f. Mass Transit: g. Roads: '" Primary wastewater supply services will be provided by the City of Port S1. Lucie, S1. Lucie West Services District, or a community development district which includes the Property. As part of the submittal of the Final Planned Development applications for all parts of the Westchester project, site specific utility service commitments shall be provided. . Sufficient capacity exists in the S1. Lucie County Land Fill to service the demands of the Property. Sufficient park facilities exist or are being provided in conjunction with the development of the Property. Impact fee credits may be considered for all park improvements or property dedications which are not site related, or which, if site related, exceed . the impacts generated by the development of the. Property, consistent with the Countywide Parks Impact Fee Ordinance. To the extent practical, and baªedupon the transportation developmentandservice planSófthe local transit providers, the final development plans<för the area referred as Westc:hester shall considertheinclusion of dedicated transit stops and areas in its final project designs. Development of the Phase I area of the property is expected to 12, t97net new external generate approximately daily trips. WithJhecommitted improvements to Gatlin Boulevard, no externalroädways within the project impact are expected to fall bélöw a· minimum level of service as a result of this phases traffic impacts. Internal roadways will be built in conjunction with the development of Phase I and will be sized to meet, or exceed projected trip demands. As part of the review of the overall development of regional impact application for this project to be known as Westchester, additional roadway improvements, on-site and off-site may be required. Any such requirements will be addressed s part of the DRI review process. As cited in 3(h) above, the Owner shall construct or cause the construction of the extension of Gatlin Boulevard, west of 1-95, and a north-south roadway, as generally depicted on the preliminary site plans approved on March 6, 2001, which roadways shall be public facilities open for use by the public. Upon the completion of these roadways, and their acceptance for ownership by the County Commission, the August 21, 2001 Page 10 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 '-' ....., County shall be entitled to recognize the amounts spent of the design, permitting and construction of these roadways as being a transportation expenditure of the County for the purposes of Chapter 336.075 Florida Statutes. . The Board hereby acknowledges the above minimum concurrency standards through the issuance of a certificate of capacity, a copy of which is attached as Exhibit G, which certificate shall remain valid for the period of this Development Agreement as described in Section 10. 8. Amendment or Cancellation by Mutual Consent. This Agreement may be amended or canceled by mutual consent of the parties and shall terminate consistent with the provisions of Paragraph 3(B) or upon the issuance of a Certificate of Occupancy or use authorization in accordance with the last building permit authorized forthe "Property", whichever occurs first. Priorto amending this Agreement, the Board shall hold two public hearings consistent with therequJrements of Section 11.08.02 of the Land Development Code. ~ Notwithstanding any other provision of this Agreement, the "Owner"may, at anytime through the effective period of this Agreement,declare.thatthe development of the "Property" is completed and that the terms andconditionsoftheAgreement shall terminate. Any such declaration shall be in writing andprovidedtothe County Administrator. Upon the receipt of any such declaration, any approvals granted for the "Property" shall be deemed to be modified to reflect only that portion of the development which has been constructed. Following a voluntary declaration of completeness, no further development permits shall be issued based upon the terms and conditions of this agreement. Any application for development approvªtfollowing a voluntary declaration of completeness will be subject to all applicable standards and regulations ineffect at the time the application is filed. Pursuant to the requirement of paragraph 11, upon receipt of voluntary declaration of completeness, the County Administrator shall have notice of such action recorded in the Public Records of the County. Prior to the filing of any such notice, the County administrator shall schedule before the Board of County Commissioners one public hearing to acknowledge the declaration of completeness. Prior to approving any amendment to this Agreement, excluding a declaration of completeness, the Board shall hold two public hearings consistent with the requirements of Section 11.08.02 of the Land Development Code. Any application to amend an existing Development Agreement shall be submitted to the County Administrator or his designee. The application shall be accompanied by a non-refundable fee established by the Board of County Commissioners. 9. Obligation to Construct Roadwav Improvements. Within twelve (12) months of the date of 8t. Lucie County's approval of the construction plans for the Gatlin Boulevard extension, contracts shall be let for the construction of the DVA-01-001 Draft #1 August 21, 2001 Page 11 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 4. 13. '-' .....; westerly extension of Gatlin Boulevard from 1-95 to central roundabout/intersection as depicted on the preliminary planned development site plans referenced under resolution 01- 010 and 01-011. All works associated with this project shall be constructed in accordance with applicable st. Lucie County standards. . 10. Term. The term of this Agreement shall be ten (10) years from its effective date, unless earlier terminated as provided in Section 8. This Agreement may be extended by mutual consent of the Board and the Owner, subject to public hearing in accordance with Section 11.08.02 of the Land Development Code. The term of anyone (1) extension shaHnot exceed five(5) years. Recording: Submission to the Florida Department of Community Affairs. Within 14 days after the Board enters into this Agreement, the Clerk of the Board shall record the Agreement in the Public Records of St. Lucie County. A copy of the recorded Agreement shall be submitted to the Florida DepartmentbfCórnmunity Affairs within 14 days after the Agreement is recorded. If thisþ,9reement isarnended, canceled, modified, extended, or revoked, the Clerk shaILha.\fërîotice of such action recorded in the public records and such recorded notice shall be submitted to the Florida Department of Community Affairs. c 12. Effective Date. This Agreement shall be effective onthe date ofits recording in the public records of St. Lucie County or 30 days after its receipt by the Florida Department of Community Affairs, whichever last occurs, If this Agreementhas not become effective within 90 days of recording, it shalLbedeemed cancëled; Annual Review. In accordance with Section l1W8.08 of the LDC, the Board shall review the development that is subjecttothisAgreernent every 12 months, commencing 12 months after the e.ffective date ofthisþ,9reement. The Board shall begin the review process by giving notice, a minimum of 30 daySþrior to the anniversary date for the effective date of this Agreement, to the Owner of its intention to undertake the annual review of this Agreement. Sixty days before each annual anniversary date of this agreement, the Owner shall provide to the Board a report with the following information: a. An identification of any changes in the plan of development or in any phasing forthe reporting year and for the next year. b. A summary comparison of development activity proposed and actually conducted for the year. DV A-01-00 1 Draft #1 August 21, 2001 Page 12 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 '-' '" c. Identification of undeveloped tracts of land that have been sold to a separate entity or Owner. , d. Identification of significant local, state and federal permits which have been obtained or which are pending by agency, type of permit, permit number and purpose of each. The "Owner's" submission of the Annual Report required by Section 380.06(18), Fla. Stat., or the then applicable statutes and regulations, shall comply with the terms and requirements of this provision. 14. Effect of Annexation. In the event that the Property is annexed, either voluntarily or involuntarily, into any local municipality, the terms and conditions set forthinSection 3h and Section 6 of this Agreement shall remain the obligation an.d responsibility of the Owner. ~ 15. Notices. The parties designate the following persönsas representatives to be contacted and to receive all notices regarding this Agreement: For the County: County Administrator S1. LucieCounty 2300Nirginia Avenue Ft.Pierce, Florida 34982·5652 with a copy to: County Attorney SLLucie County 2300 Virginia Avenue F1. Pierce, Florida 34982·5652 For the Owner: PaulJ,Hegener Westchester Development Company 1850 Fountainview Boulevard Suite 201 Port S1. Lucie, Florida 34986 with copies to: Barry E. Somerstein, Esquire Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard Fort Lauderdale, Florida 33301 and Noreen S. Dreyer, Esquire Ruden, McClosky, Smith, Schuster & Russell, PA DVA-01-001 Draft #1 August 21, 2001 Page 13 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 '- '-' 145 NW. Central Park Plaza, Suite 200 Port St. Lucie, Florida 34986 . 16. Successors and Assigns This Agreement shall be binding upon the parties and any written designee of the Owner. In the event of an assignment of its obligations under this Agreement, Owner shall notify the County in writing within thirty (30) days of such assignment. Upon an assignment of this Agreement and the assumption of Owner's obligations by said Assignee, the Assignor/Grantor shall be deemed released from all rights, obligations and liabilities hereunder, and the Assignee/Grantee shall be deemed to have assumed all rights, obligations and liabilities hereunder and the term Owner shall thereafter refer to such Assignee/Grantee. In the event of assignment úfthis Agreement, the Owner shall provide notice to: For the County: County Administrator , St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982...5652 with a copy to: County Attorney St. Lucie County 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 IN WITNESS WHEREOF, the parties heretohav~ ca[,lsed the execution ofthis Agreement by their duly authorized officials as of the day and year first above-written. DVA-01-001 Draft #1 August 21, 2001 Page 14 '- ...,.¿ 1 . DVA-01-001 Draft #1 Augus121,2001 Page 15 """ ....., 1 2 3 4 5 6 7 . 8 9 Exhibit A 10 Legal description of the proposed Westchester 11 Development of RegJonallmpact DVA-01-001 Draft #1 August 21, 2001 Page 16 10 '-" .....,¡ 1 2 C 3 4 5 6 7 8 9 Exhibit B Legal description of Phase I of the proposed Westchester Development of Regional Impact . DVA-01-001 Draft #1 August 21, 2001 Page 17 '-' ...." 1 2 3 4 5 6 7 8 Exhibit C 9 Legal description ot a portion ot Phase tot. the 10 proposed Westchester Development ot Regional 11 Impact to be developed as a Planned Unit 12 Development DVA-01-001 Draft #1 August 21, 2001 Page 18 '-" ~ 1 2 3 4 5 6 ~ 7 8 Exhibit D 9 Legal description of a portion of Phaselof the 10 proposed Westchester Development of Regional 11 Impact to be developed asa Planned 12 Nonresidentìal Development ~ DVA-01-001 Draft #1 August 21,2001 Page 19 ~ ....,¡ 1 2 3 4 5 6 . 7 8 Exhibit E 9 Resolutions 01-110 and 01-11 1 Granting 10 Preliminary Development approval for a portion of 11 the proposed Westchester Development of 12 Regional Impact . DVA-01-001 Draft #1 August 21,2001 Page 20 10 11 ....... ....., 1 2 3 4 5 6 7 8 Exhibit F Capacity Agreement entered into between the Owner and the City of Port 81. Lucie on January 31 , 2001 9 . DVA-01-001 Draft #1 . Augusl21,2001 Page 21 7 8 9 10 11 12 ""'" 1 2 3 4 5 6 Exhibit G .." Certificate of Capacity for Phase I Area of the Proposed Westchester Development of Regional Impact, Refer to Exhibt B forl...egaJ\Description of Area Effected DVA-01-001 Draft #1 . August 21 , 2001 Page 22 ~ '-' ..., Agenda Request Item Number Date: 5f' August 21, 2001 f Consent Regular Public Hearing Leg, [ ) [ [ ] [ X ] Quasi-JD ( X] SUBJECT: Petition of Century 21 Preferred Properties, for a cha ge in zoning f m the HIRD (Hutchinson Island Residential District) zoning district to PNRD (Planned Nonresidential Development) zoning district; and for Preliminary and Final PNRD ap roval for the construction of a 1,792 square foot real estate office, to be known as Century 1 Real Estate To: Submitted By: Board of County Commissioners Community Development BACKGROUND: On November 20, 2000, Century 21 Preferred Properties (hereafter referred to as Century 21) submitted an application for a change in zoning from the HIRD (Hutchinson Island Residential District) zoning district to the PNRD (Planned Nonresidential Development) zoning district for a parcel of land located on the west side of North SR A-1-A, just south of the North Hutchinson Island Wastewater Treatment Plant. Century 21 is requesting both Preliminary and Final PNRD (Planned Nonresidential Development) approval for a 0.27-acre nOi" residential development project to be known as the Century 21 Real Estate to construct a 1 ,792 square foot real estate office. ~ FUNDS AVAilABLE: PREVIOUS ACTION: At the July 26, 2001, public hearing on this matter, the 5t. Lucie County Planning and Zoning Commission, by a vote of 6 to 0, with three members absent (Mr. Matthes, Mr, Merritt and Mr. Grande) recommended approval of this petition as set forth in Draft Resolution 01-131, RECOMMENDATION: Staff recommends approval of Draft Resolution 01-131 subject to the cited conditions contained therein. Douglas M. Anderson County Administrator MISSION ACTION: W APPROVED o OTHER DENIED County Attorney Originating Dept.: Finance: Approved with chanqes to sign - Up to 40 Sq. ft. 8' hiqh - no messaqe board. Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND589) 'w ...,¡ Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division . MEMORANDUM To: Board of County Commissioners From: Interim Community Development Director Date: August 14, 2001 Subject: Petition of Century 21 Preferred Properties, for a change in zoning from the HIRD . (Hutchinson Island Residential District) zoning district to PNRD (Planned Nonresidential Development) zoning district; and for Preliminary and Final PNRD approval for the construction of a 1,792 square foot real estate office, to be known as Century 21 Real Estate (File No.: RZ-00-012, PUD-00-002 and MNSP-00-006) I t On November 20, 2000, Century 21 Preferred Properties (hereafter referred to as Century 21) submitted an application for a change in zoning from the HIRD (Hutchinson Island Residential District) zoning district to the PNRD (Planned Nonresidential Development) zoning district for a parcel of land located on the west side of North SR A-1-A, just south of the North Hutchinson Island Wastewater Treatment Plant. Century 21 is requesting both Preliminary and Final PNRD (Planned Nonresidential Development) approval for a O.27-acre non-residential development project to be known as the Century 21 Real Estate to construct a 1,792 square foot real estate office. . According to Section 3.01.03(AA), HIRD (Hutchinson Island Residential District), reads as follows: : "no application for an amendment to this code, shall be accepted which proposes to change the zoning classification on any land on North or South Hutchinson Island to a classification other than HIRD (Hutchinson Island Residential District), PUD (Planned Unit Development), PNRD (Planned Non-Residential Development), PMUD (Planned Mixed Use Development), U (Utilities), I (Institutional), RF (Religious Facilities), RE-1 (Residential Estate - 1 du/acre) or RE-2 (Residential Estate - 2 du/acre) or any Residential Single-Family (RS-2, RS-3 or RS-4) zoning district." As this regulation states, in order for the Board to consider any new commercial uses on any lands that are not already zoned for commercial use on North or South Hutchinson Island, the property must first be rezoned to one of the County's commercial panned development designations. The petitioned property is currently zoned HIRD. The petitioners are seeking to have the PNRD (Planned Non-Residential Development) zoning designation applied to it in order to permit them the ability to operate a real estate office on this parcel. The subject property currently has a future land use designation of RM (Residential Medium). Under the County's development regulations, it is possible to place a PNRD zoning designation in a area classified for residential land use, provided that the uses proposed in the PNRD are limited to '-' '...J August 14, 2001 Page 2 Subject: Century 21 Preferred Properties/ Res. 01-131 4 the equivalent uses as identified in the CN (Commercial Neighborhood) or CO (Commercial Office) zoning districts. Real Estate Offices are a permitted use in the both the CN and the CO zoning districts. On June 20, 2001, the Development Review Committee found that the site plan portion of this application met all minimum technical review requirements for processing before the Planning and Zoning Commission and the Board of County Commissioners. Upon the Development Review Committee finding that the applicant's request for the rezoning and final PNRD site plan approval met technical requirements, the applicant's request for a rezoning and final PNRD approvals were authorized for final processing and public hearing review. t According to Section 7.02.01 of the St. Lucie County Land Development Code, the purpose of the Planned Non-Residential Development Zoning District is: "intended to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: 1. Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development; Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; Allow design options that encourage an environment of stable character, compatible with surrounding land uses; and, Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space." . 2. 3. 4. The purpose as indicated above gives a number of options, which may be utilized in the design of a project. Not all of the options have to be incorporated in the design of the project. The applicant did attempt to provide for flexibility and compatibility in the design of the project to reflect the components of the surrounding area. The applicant has requested that a joint use Parking/Service Loading area be allowed on this site. The site plan shows this joint use area at the southeast corner of the site. The applicant thorough site design, height, architectural and landscaping has provided for integration of the building into the overall area. The proposed building will be similar in design to a single-family residential home with a 2-car garage. This project will provide a transitional use for the vacant residential property to south and west. The maximum permitted height in the PNRD (Planned Non-Residential District) Zoning District is 60 feet. However, the maximum permitted height in this portion of Hutchinson Island is only 35 feet. Because the restrictions of the Hutchinson Island Building Height regulations preempt the standard building height regulations of the County, the maximum building height allowed on this site is 30 feet. The applicant has indicated on the site plan a maximum building height of 16 feet, which is much lower than the maximum permitted in the Land Development Code. In addition, within the HIRD and PNRD Zoning Districts, the applicant would be permitted a lot '-" "wfl August 14,2001 Page 3 Subject: Century 21 Preferred Propertiesl Res. 01-131 . coverage by buildings of 30%. The applicant is proposing lot coverage of 20.8%, which is well below the maximum lot coverage within the code. The proposed project provides for a reasonable continuation of the existing development patterns within the general area. Other major land uses in the area include the North Hutchinson Island Wastewater Treatment Facility to the north, Multi-family condominiums (Sea Palms to the northeast and Tiara Tower to the southeast), and vacant land to the east, south and west. The North Hutchinson Island Wastewater Treatment Facility influences the character of the area because of the visual impact, as well as the perceived incompatibility of residential and some non-residential development. The Tiara Towers project to the southeast has a height of 133 feet (15 stories) and 25% lot coverage for total building area. The garages on this site were permitted at a height of 16 feet, which is the proposed maximum height for the requested building. The proposed real estate office is compatible in height and lot coverage with the existing residential condominiums in this area. The land use for the subject property is RM (Residential Medium). The surrounding areas to the north, south, east and west all have the same land use designation RM (Residential Medium). Approximately 790 feet to the south is an area zoned CG (Commercial General) with a land use designation of COM (Commercial). Section 7.02.02, PNRD (Planned Non-Residential Development) Zoning District allows any permitted, conditional or accessory uses listed in Section 3.01.03(0), CN (Commercial Neighborhood) Zoning District, Section 3.01.03(R), CO (Commercial Office) Zoning District or Section 3.01.03(X), I (Institutional) Zoning District in areas with a Residential Future Land Use designation provided that the standards of Policy 1.1.8.4 of the Future Land Use Element of the St. Lucie County Comprehensive Plan are satisfied. Those standards are met by the subject property, which is located within the RM (Residential Medium) future land use designation. According to Section 3.01.03(0), real estate offices are permitted in the Commercial Neighborhood zoning district and Section 3.01.03(R) real estate offices are permitted in the Commercial Office zoning district. Since this petition meets these standards, any of the uses in CN (Commercial Neighborhood) or CO (Commercial Office) could have been requested. In this case only the specific use of a real estate office has been requested. A condition of approval of the PNRD (Planned Non- Residential Development) should limit the project to this use. The applicant has indicated that the proposed real estate office will employ three people during the period of 8:00 am and 5:00 pm daily. In addition, the applicant states that no deliveries will be made to the site except for US Mail and Overnight Express Companies. In addition, a semi- annual meeting will be held at the office for all employees. . According to Section 7.02.02(J) signs allowed under the Planned Non-Residential Development located in a residentially classified land use area shall comply with the provisions of Chapter 9 applicable to the Commercial Neighborhood (CN) Zoning District. Section 9.01.01 (E) identifies the following criteria for signage in the Commercial Neighborhood (CN) Zoning District. Wall Signs 10% of wall face area fronting on the main street '-' "-" August 14,2001 Page 4 Subject: Century 21 Preferred Properties! Res. 01-131 f Canopy Signs Ground Signs 4 per face of free-standing canopy structures 1 per establishment having at least 50 linear feet of frontage 1 s.f. for every 2 linear feet of frontage - 100 s.f. maximum 10 feet in height. . According to these criteria, the proposed project would be permitted 51.7 square feet of ground signs. The applicant has requested a 10-foot high sign with a 28 square foot sign face. The proposed sign is 45.8% less than the maximum permitted within the zoning district. At the July 26, 2001, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 0, with three members absent (Mr. Matthes, Mr. Merritt and Mr. Grande) recommended approval of this petition as set forth in Draft Resolution 01-131. Should this Board agree with this recommendation, staff recommends that any such approval authorization include the following special conditions: 1 . The approval granted through this Planned non-residential development are specifically conditioned and limited to operation of a real estate office only, any other use will require a modification to the approved PNRD through the Major Adjustment review process as described in the St. Lucie County Land Development Code for Planned development projects. 2. Prior to the issuance of any building permits for any use on the property described in Part B below, the developer of this project shall meet the following minimum design standards. A. General Building Design Standards. These standards are intended to promote an architectural style that is historically typical to this region of Florida. To promote this style, the developer is required to select at least five (5) elements or features from the following list and shall illustrate the selected elements or features on the required building elevation drawings to be submitted with any application for building permit. · Predominantly vertical, rectangular, windows · Clear glass windows (88% light transmission or more) · Lightly stained I painted wood in a horizontal pattern · Arbor · Clock tower · Bahama shutters · Square Columns · Porch with picket railing · Arcade I loggia · Cupola · Dormer · Standing seam metal roof · Widow's walk · Lattice detailing '-' -....J August 14,2001 Page 5 Subject: Century 21 Preferred Properties! Res. 01-131 . · Stone or stamped concrete pavement at project entry, drop-off, or pedestrian crossing (330 s. f. minimum). Pedestrian courtyard or plaza (200 s. f. minimum) Canopy Portico / Porte Cochere Sculpture Raised cornice parapets over doors Arches Display windows Bell tower Frieze medallion · · · · · · · · · Examples of these architectural styles are attached as Exhibit B. B. Facade and Roof Designs (1) Prohibited Facade Features and Materials · large, blank, unarticulated walls · corrugated metal siding · plastic siding, plastic laminates unpainted concrete block/plain concrete walls · irregular, modernistic, window shapes . reflective-glass · imitation rock work veneer · plywood · corrugated fiberglass · square, box-like, buildings without articulation of windows or facade (2) Facade Designs Requirements for the articulation of facades shall apply to the front and sides of all buildings. Articulation -- Facade designs shall provide for varying wall offsets and other architectural features to create horizontal and vertical building articulation. A minimum wall offset of 5 feet is required to achieve horizontal facade articulation. A minimum vertical distance of 2 feet between facade elements is required to achieve vertical articulation. (3) Roof Designs Sloped Roofs -- Roof height shall not exceed the average height of the supporting walls. The average slope shall be greater or equal than 1 foot of vertical rise for every 3 feet of horizontal run, and the average slope shall be less than or equal to I foot of vertical rise for every I foot of horizontal run. Proposed buildings shall incorporate at least two (2) of the following roof elements or features: '-' '-( August 14, 2001 Page 6 Subject: Century 21 Preferred Properties/ Res. 01-131 · Eaves that overhang a minimum of 2 feet with a minimum fascia depth of 8". · Three or more roof slope planes per primary facade. · An additional vertical change in roof height (minimum 2 foot change in elevation). · Dormers or other additional roof elements facing primary street frontage. · A porch, portico, arcade, or other similar element located at the main building entrances. Flat Roofs -- Flat roofs/ including those of the gasoline service canopies, may be used provided all of the following conditions are met: · Peaked or pitched roof elements shall cover at least 50% of the length of a facade facing the primary street frontage. Mansard roofs and/or cornices (min. 12" in height with a min. of 3 relief) may be counted toward meeting 25% of the required horizontal length. Peaked or pitched roof elements shall cover at least 25% of the sides of a building. · Equipment on roof shall not be visible from an elevation that is horizontal to the location of the roof equipment. · A porch, portico, arcade, or other similar element shall be located at the main entrance(s). Prohibited Roof Materials Elements · Asphalt shingles (except laminated, 320 lb., 30 year architectural grade shingles or better). · Mansard roofs/canopies without roof articulation using faux gables, dormers, etc. · Roofs with less than a 3 /12 pitch (unless full parapet coverage is used). · Back-lit awnings used as a mansard or canopy roof. · Brightly colored glazed tile. Since, the Planning and Zoning Commission meeting, the applicant has revised the landscape plan to incorporate additional landscaping along the northern property line as directed by the Planning and Zoning Commission. The proposed landscaping plan exceeds the minimum required landscaping. The proposed rezoning and Planned Nonresidential Development Site Plan, subject to the recommended conditions, meet the standards of review as set forth in Section 11.02.07 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Board approve the petition of Century 21 Preferred Properties, for a change in zoning from the HIRD (Hutchinson Island Residential District) zoning district to PNRD (Planned Nonresidential Development) zoning district; and for Preliminary and Final PNRD approval for the construction of a 1,792 square foot real estate office, to be known as Century '-' ......J August 14, 2001 Page 7 Subject: Century 21 Preferred Properties! Res. 01-131 21 Real Estate on property located on the west side of North SR A-1-A, just south of the North Hutchinson Island Wastewater Treatment Facility, as set forth in Draft Resolution 01-131. SUBMITTED: pment Director . DJMI Centry21_1 (h) cc: County Administrator County Attorney Edward Beck, Esq. Eric Zeiss, Culpepper & Terpening 'w .....,¡ 1 RESOLUTION 01-131 2 FILE NO.: RZ-01-012, PUD-OO-o02 and MNSP-OO-006 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 A RESOLUTION GRANTING PRELIMINARY AND FINAL PLANNED NONRESIDENTIAL DEVELOPMENT APPROVAL FOR A O.27-ACRE PROJECT TO BE KNOWN AS CENTURY 21 PREFERRED PROPERTIES-PNRD AND FOR A CHANGE IN ZONING FROM HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) TO PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) FOR PROPERTY LOCATED IN ST. LUCIECQUNTY, FLORIDA. WHEREAS, the Board of County Commjssionersbf St.LucieCóunty, Florida, based on the testimony and evidence, including butnót limited to the staff report, has made the following determinations: CHANGEm ZONING 1. Centurv21 Preferred Properties, prø§en~eda petition for a change in zoning from the HIRD(Hutchinspnml Residential District) Zoning District to the PNRD (Planned Nonresidehti~1 opment) Zoning District for the property described in Part Abelow. 2. On July 26;2001, the St. Luc:ieCounty Planning and Zoning Commission held a public hearingontf1@:.petition,after publishing notice at least 10 days prior to the hearing and notifyihgbymail 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 HIRD (Hutchinson Island Residential District) Zoning District to the PNRD (Planned Nonresidential Development) Zoning District for the property described in Part A below. 3. On August 21, 2001, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is 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. File No.: RZ-01-012, PUD-00-002 & MNSP-OO-006 August21,2001 Resolution 01-131 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 12. 13. 14. '-' '-...I 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. PRELIMINARY AND FINAL PLANNED NONRESIDENTIAL DEVELOPMENT CENTURY 21 PREFERRED PROPERTIES 6. CentUlV 21 Preferred Properties, has presented a petition for Final Planned Nonresidential Development site plan approval for 0.27-acres for the purpose of constructing a 1,792 square foot real estate office, to be referred to asCenturv 21 Real Estate, to be located on the property described in Part A. 7. The Development Review Committee has reviewed the petition of Centurv 21 Preferred Properties. for a Final Planned NonresidentialDevelopment Site Plan and found it to meet all technical requirements of the Land Development Code and to be consistent with the Future Land Use maps of the St. Lucie County:Çomprehensive Plan, subject to the conditions set forth in PartDof this Resolutión; 8. On July 26, 2001, the St. Lucie CountyPlarmingal1dZoning Commission held a public hearing of which due public notice was published and mailed to all property owners within 500 feet at least 1 o days prior' to the heélrÌng, and recommended to this Board that Final Site Planaþproval for' the projecfknown as Century 21 Real Estate be granted. 9. On August 21, 2001 , this Board held a published and maile otices was sen 10 days prior to th ring. licheäring of which due public notice was property owners within 500 feet at least 10. project is:êºlîsi~tent with the general purpose, goals, objectives and standardso heSt. Luciê CourHy Comprehensive Plan, the St. Lucie County Land DevelopmentCodeand the Code of Ordinances of St. Lucie County. 11. The proposed proje Section 11.02.07 of t c.onsistent with, and has satisfied the requirements of . Lucie County Land Development Code. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. File No.: RZ-01-012, PUO-00-002 & MNSP-00-006 August 21, 2001 Resolution 01-131 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 ""'" ..,.¡ 15. Public facilities and services will be provided by St. Lucie County Utilities, North Hutchinson Facility. 16. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on August 21, 2001. NOW, THEREFORE, BE IT RESOL VED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. Pursuant to Section 11 .02.05(B) of the St. Lucie County Land Development Code, the petition of Century 21 Preferred Pro/Jerliesfor a change in zarling from the HIRD (Hutchinson Island Residential District) Zoning District tothePNHD (planned Nonresidential Development) Zoning District the projecftò be known as CENTURY 21 PREFERRED PROPERTIE nd described as follows: Being a parcel of land lying in Governmenl\iôt 2, Sectiori,:25, Township 34 South, Range 40 east, St. Lucie County, Florida, beil'lQ more pa.rticUlarly described as follows: Commencing at the northwcorner of said Section 25, Township 34 South, Range 40 east, St. Lucie County, ; thence 00°04'19" west, on an assumed bearing along the west line of said ion 25, a distance of 1321.00 feet to the north line of Government Lot 2 i ction 25; th e north 89°51'29" east along the north line of said Govern distanc .60 feet to the westerly right-of-way line of Sta A-1- 6°28'27" e , distance of 303.75 feet; thence 15°57'59" eas ance of 252.05 feet to the point of beginning, the last two (2) courses from t Iy right-of-way line of State Road A-1-A; thence 15°57'59" east along the westerly right-of-way line of State Road A-1-A, a distance of 103.33 feet; Thence söuth80050'40'' west, a distance of 125.69 feet; thence north 11 °13'51" west, a (jistance of 94.00feét;thence north 76·36'16" east, a distance of 117.16 feet to the point of beginning. Containing 11,950 square feet (0.27 acres, more or less). (Location: East side of North A-1-A, just south of the North Hutchinson Island Wastewater "Treatment Facility.) Is hereby approved. B. A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Community Development Director. File No.: RZ-01-012, PUD-00-002 & MNSP-00-006 August 21,2001 Resolution 01-131 Page 3 "-' -....I 1 2 3 C. 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 SITE PLAN Pursuant to Section 11.02.05 and Section 11.02.10 of the S1. Lucie County Land Development Code, the Final Preliminary Planned Nonresidential Development site plan for the project to be known as Century 21 Preferred Properties - PNRD be, and the same is hereby, approved as shown on the site plan drawings forthe project prepared by Culpepper & Terpening, Inc., dated September 21,2000, last revised May 30, 2001 and date stamped received by the St. Lucie County Community Development Director on June 11, 2001, subject to the following conditions: 1. The approval granted through this Planned. non-residential development are specifically conditioned and limited to operation of a real estate office<only, any other use will require a modification to thäapproved PNRD through the Major Adjustment review process as described in theSt. Lucie County Land - Development Code for Planned development projects. 2. Prior to the issuance of any buildingperttlits for any use on the property described in Part B below, the develbþer öfJhis project shall meet the following minimum design standards. A. General Building. Design Stándards. These standards are intended to promote an architectural style that is historically typical to this region of Florida. To promote this style, the dev is required to at least five (5) elements or features fro lowing list a all illustrate the selected elements or fea the required uilding elevation drawings to be submitted any application for building permit. · ~d()minantlyvertical, rectangular, windows · glass windows (88% light transmission or more) · U stáin.ed I painted wood in a horizontal pattern · Ar r · Clock tower · Bahama shutters · Square Columns · Porch with picket railing Arcade I loggia · Cupola · Dormer · Standing seam metal roof · Widow's walk · Lattice detailing · Stone or stamped concrete pavement at project entry, drop-off, or File No.: RZ-01-012, PUD-00-002 & MNSP-00-006 August 21, 2001 Resolution 01-131 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 pedestrian crossing (330 s. f. minimum). · Pedestrian courtyard or plaza (200 s. f. minimum) · Canopy · Portico I Porte Cochere · Sculpture · Raised cornice parapets over doors · Arches · Display windows · Bell tower · Frieze medallion Examples of these architectural styles are attached as Exhibit B. B. Facade and Roof Designs (1) Prohibited Facade Features and Materials · large, blank, unarticulatedwalls · corrugated metal siding · plastic siding, plastic laminates concrete block/plain concrete walls · irregular, mocj~rl1istic, window shapes · reflective-glass · imitation rock work veneer plywood corrugated fiberglass square, bo*~like, buildings without articulation of windows or facade (2) Facade Designs RequirelTients for the articulation of facades shall apply to the front and sides of all buildings. Articulatiorf-- Facade designs shall provide for varying wall offsets and other architectural features to create horizontal and vertical building articulation. A minimum wall offset of 5 feet is required to achieve horizontal facade articulation. A minimum vertical distance of 2 feet between facade elements is required to achieve vertical articulation. (3) Roof Designs Sloped Roofs -- Roof height shall not exceed the average height of the supporting walls. The average slope shall be greater or equal than 1 foot of vertical rise for every 3 feet of horizontal run, and the average slope shall be less than or equal to I foot of vertical rise for every I foot of horizontal run. File No,: RZ-01-012, PUD-00-002 & MNSP-00-006 August 21 , 2001 Resolution 01-131 Page 5 '-' ....." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 15 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 Proposed buildings shall incorporate at least two (2) of the following roof elements or features: · Eaves that overhang a minimum of 2 feet with a minimum fascia depth of 8". · Three or more roof slope planes per primary facade. · An additional vertical change in roof height (minimum 2 foot change in elevation). · Dormers or other additional roof elements facing primary street frontage. · A porch, portico, arcade, or other similar element located at the main building entrances. Flat Roofs -- Flat roofs/ including those of the gasolineseNice canopies, may be used provided all of the following conditions are met · Peaked or pitched roof elemèntsshall cover'atleast 50% of the length of a facade facingtheprimarystreet frontage. Mansard roofs andlor cornices (min. 12" in heigntwitna min. of 3 relief) may be counted toward meeting 25% of thei'"i;¡quired horizontal length. Peaked or pitched roof elements shallco"è/'at least 25% of the sides of a building. · Equipment oh!roöf shall not be visible from an elevation that is horizontal to the locatiônof the roof equipment. A porQI1,p9!'tico, arcade,örothèr similar element shall be located at themaihentrance(s). Materials Elements · alt shihgles(except laminated, 320 lb., 30 year architectural shinglesor·better). · ardroofs/canopies without roof articulation using faux gables, do@i;¡ts,etc. · R09fsWith less than a 3 I 12 pitch (unless full parapet coverage is used). · Back-lit awnings used as a mansard or canopy roof. · Brightly colored glazed tile. E. Theªpprovals and authorizations granted by this Resolution are for the purpose of obtaining building permits for the Century 21 Real Estate Office on the property described in Part G and shall expire on August 21 , 2003, unless the developer has obtained a building permit approval for the site plan described in Part H or an extension has been granted in accordance with Section 11.07.05(F) of the St. Lucie County Land Development Code. File No.: RZ-01-012, PUD-00-002 & MNSP-OO-006 August 21,2001 Resolution 01-131 Page 6 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 '-' 'wt1I F. The Final Planned Nonresidential Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Century 21 Preferred Properties, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, Florida Department of Transportation, 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 A of this Resolution. G. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Final Planned NonresÎdential Development Site Plan approval. Should the Final Planned Nonresidential Development Site Plan approval granted by this Resolution expire or an extension be sought pursuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development Code, anew certificate of capacity shall be required. H. The conditions set forth in Part D areanintegfaln everablepart of the site plan approval granted by this Resolutiol'l; If any eon set forth in Section D is determined to be invalid or unenforceable fqrany re and the developer declines to comply voluntarily with that.çòndition¡the site pla.n approval granted by this resolution shall become nullandvoid. I. A copy of this resolution shall be atta to the site plan drawings described in Part D, which plan shall be placed 0 with the St. Lucie County Community Development Director. Further, th mmunity Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. After motionandsècond, the vote on this resolution was as follows: ChairmanF rannie Hutchinson xxx Vice-Chai..rman Doug Coward xxx Commissioner John Bruhn xxx Cornmissioner Paula Lewis xxx Commissioner Cliff Barnes xxx PASSED AND DULY ADOPTED This 21 st day of August 2001. File No.: RZ-01-012, PUD-00-002 & MNSP-00-006 August 21, 2001 Resolution 01-131 Page 7 '-" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST: 18 19 20 21 22 23 Deputy Clerk 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 DJM 45 OH31a(h) 46 47 48 49 50 51 52 53 54 55 File No,: RZ-01-012, PUD-00-002 & MNSP-00-006 August 21, 2001 '-' BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman t APPROVED AS TO FORM AND CORRECTNESS: CQÙnty Attorney Resolution 01-131 Page 8 ~ '-' AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 21,2001 7:00 P.M. CENTURY 21, has petitioned St. Lucie County for a Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PNRD (Planned Non-Residential District - Century 21) Zoning District for the following described property: Location: East side of North A-I-A, directly south of the North Hutchinson Island Wastewater Treatment Facility. Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered. Prior to this public hearing, notice of the same was sent to all adjacent property owners August 6, 2001. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on August 10, 2001. File No. RZ-OI-012 '-' ""-'! August 6,2001 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that Century 21 has petitioned St. Lucie County for a Change in Zoning from the HIRD (Hutchinson Island Residential District) to the PNRD (Planned Non-Residential District) for the following described property: Location: West side of North A-I-A, just south of the North Hutchinson Island Wastewater Treatment Facility. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petiJion will be held oJ 7:00 P.M., or as soon thereafter as possible, on _ Tuesday August 21, 2001, County Commissioner's Chamben, St. Lucie County Administration Building, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call561/462-1582 if you have any questions, and refer to: File Number RZ-OI-012. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS 4t~ 1-k/ti~~ ¡fat.-) Frannie Hutchinson, Chairwoman JOHN D. ßr\UHN, District NO.1· DOUG COWARD. District No.2· PAULA A. lEWIS, District No. J . FRANNIE HUTCHINSON. Disrricr NO.4. CLIFF OARNE5. Di~tricr -No 5 County Administrator· Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce, FL J4982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnicol Services: (561) 462-155J Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 · Fax: (561) 462-21 J2 .. r \h ~ . TO: FROM: DATE: - SUBJECT: LOCATION: WNING DESIGNATION: PROPOSED ZONING: '- '-' PLANNING AND ZONING COMMISSION REVIEW: 7/26/01 File Number RZ-OI-012, PUD-OO-002 and MNSP-OO-006 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission - I Planning Manager 0~ \::-. ~ ' July 19, 2001 Application of Century 21 Preferred Properties, for a Planned Nonresidential Development approval for the Project Known as Century 21 Real Estate Office, and for a Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning Districts to the PNRD (Planned Nonresidential Development - Century 21) Zoning District for a 0.27 acre land ttact to allow the construction of a 2,492 square foot (building - 1,792 square feet, garage -696 square feet) building. West side of North A-I-A, just south of the North Hutchinson Island Wastewater Treatment Facility HIRD (Hutchinson Island Residential District) PNRD (Planned Nonresidential Development - Century 21) LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: RM (Residential Medium) 0.27 acre A 1,792 square foot real estate office SURROUNDING ZONING: U (Utilities) to the North, HIRD to the south, east and west SURROUNDING LAND USES: FIREÆMS PROTECTION: UTILITY SERVICE: RM (Residential Medium) to the north, south, east and west. Station #9 (3595 N A-I-A), is located approximately one mile to the north. St. Lucie County Utilities TRANSPORTATION IMP ACTS RIGHT-OF-WAY ADEQUACY: North A-I-A has a right-of-way width of 100 feet. " _.\(1 '-' ...." Petition: Century 21 Preferred Properties File No.: RZ-OI-012, PUD-OI-002 and MNSP-00-006 July 19, 2001 Pàge 2 SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. ********************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE I 1 In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider the following detenninations: 1. Whether the proposed rezoning is in conffict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a preliminary and fmal PNRD (Planned Nonresidential Development) approval for the entire 0.27 -acre tract of land. The proposed rezoning has been determined to not be in conflict with any applicable provision of the St Lucie County Land Development Code. The application for Preliminary Planned Nonresidential Development (PNRD) approval has been reviewed for consistency with the provisions of the St Lucie County Land Development Code and has been determined to meet all applicable standards of review. Section 7.02.03(E)(1) allows for a reduction in the total number of parking spaces required for a specific development. The applicant has requested a reduction in the total required of parking spaces from nine to six. The applicant has provided the following supporting information: a. This project is a proposed real estate office with will employ three people during the period of 8:00 am to 5:00 pm. b. There will be no deliveries to the office other than the US Mail and overnight express companies. c. There will always be three parking spaces available with the availability of the loading zone to accommodate any overflow needs. d. All semi-annual sale meetings will be scheduled so that they do not conflict with deliveries, therefore, sufficient parking will always be available. Staff has reviewed the applicant's justification and agrees with the request for a reduction in the total number of parking spaces from nine to six. 2. Whether the proposed amendment is consistent with all elements of the 8t Lucie County Comprehensive Plan; The applicant has demonstrated that the proposed PNRD (Planned Non-Residential Development) amendment is consistent with all elements of the St Lucie County Comprehensive Plan. Policy 1.1.8.4 allows for commercial uses consistent with Commercial Office (CO) and Commercial " It '-' -...I Petition: Century 21 Preferred Properties File No.: RZ-OI-012, PUD-01-002 and MNSP-OO-006 July 19, 2001 Page 3 Neighborhood (CN) on properties that have an underlying residential future land use if the standards of the section are met. Those standards are met by the subject property which is located within the RM (Residential Medium) future land use designation. According to Section 3.0 l.03(Q) pennits real estate offices as a permitted use in the Commercial Neighborhood zoning district. The proposed rezoning is consistent with all other elements of the Comprehensive Plan. Therefore, the proposed petition is consistent with the St. Lucie County Comprehensive Plan. 3. Whether and thc extent to which the proposed zoning is inconsistent with the existing and proposed land uscs; This proposed change in zoning and the accompanying Planned Nonresidential Development site plan is consistent with the existing and proposed uses within the area. The property located to the north of the subject property contains the 5t. Lucie County North Hutchinson Island Waste Water Treatment Facility. The proposed real estate office is compatible with the existing wastewater treatment facility to the north and the residential uses to the south and east. The location will also minimize the impact of the real estate office on the surrounding uses. 1 4. Whether there have been changed conditions that require an amendment; There are no changes that would require an amendment. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The applicant is proposing 1,792 square foot real estate office resulting in minimal demands on public facilities. The applicant has received confIrmation that sufficient capacity if available to meet the demands of the proposed project. North A-I-A has sufficient capacity to meet the traffic demands generated by the proposed development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The subject property proposed for development was previously cleared. There is no signifIcant native vegetation located on the subject site. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical developmcnt pattern specifically identifying any negative affects of such patterns; The subject site is designated with a RM(Residential Medium) Future Land Use Map designation which pennits the development of a Planned Nonresidential Development which maintains the uses permitted within the Commercial Neighborhood (CN) and Commercial Office (CO) Zoning Districts. The applicant's request is for a 1,792 square foot real estate office. Within the CN (Commercial Neighborhood) Zoning District real estate offices are permitted uses. The property to the north of the subject parcel is the North Hutchinson Island Waste Water Treatment Facility. The properties to the " July 19, 2001 Page 4 '-' .I Petition: Century 21 Preferred Properties File No.: RZ-01-012, PUD-0l-002 and MNSP-OO-006 east are developed as the Sea Palms Condominium and Tiara Towers Condominium. The Sands residential project lies to the south and west. With the development of this (PNRD) Planned Non- Residential Development the general character of the surrounding properties will not change from the existing residential character. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in contlict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS ¡ The petitÎ<~>ner, Century 21 Preferred Properties, is seeking approval for a preliminary and final PNRD (Planned Non-Residential Development) for the Century 21 Preferred Properties Minor Site Plan to pennit the construction of aI, 792 square foot real estate office on a 0.27 acre parcel of land located on the west side of North A-I-A, just south of the North Hutchinson Island Waste Water Treatment Facility. Staff has detennined that the proposed zoning designation and the Preliminary and Final Planned Non- Residential Development Plan is compatible with the existing and proposed uses in the area. This petition meets the standards of review as set forth in Section 11.06.03 of the S1. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval subject to the following condition: 1. The subject property will be pennitted a reduction in the number of required parking spaces from nine to six. Please contact this office if you have any questions on this matter. Attachment cs cc: Century 21 Preferred Properties Eric Zeiss. Culpepper & Terpening, Inc. File .. '-" ....., " Section 3.01.03 Zoning Oislrict Use Regulations ( AA, HIRD HUTCHINSON ISLAND RESIDENTIAL D/::?TRICT 1 , Purpose The purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential environment on North and South Hutchinson Island that is respectful of the natural resources and value of the barrier islands and can be supported by available public and private services. HIRD is intended to ensure that the intensity, location, and timing of new residential growth and development is of a character that can be served by adequate public and private facilities, and that protects, preserves and enhances the public health, safety, and welfare of the citizens of St. Lucie County. Hutchinson Island constitutes a unique and valuable public resource that plays a vital role in defining the County's economic and geographic character. HIRD is intended to facilitate growth and development of the barrier islands while conserving the natural and human values Ihe islands represent. Given the environmentally sensitive nature of barrier islands, H/RD is designed to ensure tha.t growth and development is clustered away from environmentally sensitive lands and is limited to Ihe more tolerant upland portions of Hutchinson Island. HIRD is also intended to implement and be consistent with the St. Lucie County Comprehensive Plan. 2. Intent of Application a. It is the intent of the Board of County Commissioners that HIRD shall apply to all multi-family residential property in the unincorporated areas of North and South Hutchinson Island. b_ No application for an amendment to this code, shall be accepted which proposes to change the zoning classification of any land on North or South Hutchinson Island to a classification other than to: Hutchinson Island Residential District (HIRD); Planned Unit Development (PUD); Planned Non-Residential Development (PNRD); Planned Mixed Use Development (PMUD); Utilities (U); Institutional (I); Religious Facilities (RF); any Residential, Estate (RE-1 or RE-2) or any Residential, Single Family (RS-2, RS-3, RS-4) zoning district. Any residential development on North or South Hutchinson Island must be consistent with Paragraphs 4, 5, 6, 7, 8 and 9 of this Section. 3, Subdistricts For the purposes of this District, lands located on North and South Hutchinson Island are hereby classified into the following subdistricts: a. North Hutchinson Island Residential District (NHIRD), which. includes those lands located on North Hutchinson Island in St. Lucie County; b, South Hutchinson Island Residential District, North (SHIRD-N), which includes those lands located on South Hutchinson Island between the Florida Power & Light Company nuclear power plant and the city limits of the City of Fort Pierce; and . c. South Hutchinson Island Residential District, South (SHIRD-S), which includes those lands localed on South Hutchinson Island between Ihe Florida Power & Light Company nuclear power plant and Martin County. Adopted Augusl 1. 1990 137 Revised Through 08101/00 ( 4 I ( '. """ "wi Section 3.01.03 Zoning District Use Regulations 4, Environmental Zones For the purposes of this District, all lands located on North and South Hutchinson Island are classified into one of the following environmental zones based on their geologic. hydrologic, topographic, and biologic character: a. Dune Preservation Zone. which includes those lands lying between Ihe mean high water line to the east and the westem edge of the primary dune system. as defined by vegetation and elevation. The Dune Preservation Zone shall have the characteristics of the Beach and Dunelands environmental zone as described in Chapter VIII, Natural Environmental Analysis, of the St. Lucie County Barrier Island Study: Analysis of Growth Management Policy Plan (August, 1982). Where the western edge of the primary dune system cannot be ascertained, the Dune Preservation Zone shall be set by reference to a managemenV restoration plan that has been prepared based on natural coastal dynamics. b. Uplands, which include those lands lying west of the western edge of the primary dune system and which are not classified as wetlands as defined in paragraph (c) of this subsection. c. Wetlands, which include those lands lying west of the western edge of the primary dune system that are above the elevation of mean high water and are included in the landward extent of waters of the state as defined in Rule 17-4.02(17), Florida Administrative Code, on the date of adoption of this Code. 5. Permitted Uses The following uses shall be permitted as of right in environmental zones in the Hutchinson Island Residential District: a. Dune Preservation Zone: (1) Residential densities that can be clustered to Uplands located on the parcel proposed for development. (2) Elevated walkways. (3) Recreational uses not involving structures other than elevated walkways. b. Uplands: (1) Detached single family dwelling units. (2) Two and three family dwelling units. (3) Multiple family dwelling units. (4) Parks. (5) Accessory uses, subject to the requirements of Section 8.00,00. c. Wetlands: ~ (1) Residential densities that can be clustered to Uplands located on the parcel proposed for development. (2) Elevated walkways. (3) Bridges and bridge approaches. Adopted August 1. 1990 IJB Revised Through 08101/00 " " '-' ""'" Section 3.01.03 Zoning District Use Regulations ( (4) For that portion filled in accord with permits received from federal and state agencies exercising jurisdiction over such area. any permitted Uplands use. (: 6, Conditional Uses a. Dune Preservation Zone: (1) None, b. Uplands: (1) Hotel, molel. resort, rooming and boarding houses, tourist court, and lime-share or transient lodging facilities with rooms or dwelling units used for occupancies of less than four weeks, provided that the number of rooms does no! exceed lhe residential densities set forth in subsection 7 of this Section. (999) (2) Athletic and entertainment clubs or facilities, provided that the proposed use will not generate traffic in excess of that projected for the parcel if developed at the maximum permitted residential density. (9991 (3) Bed and Breakfast Residences, subject to the requirements of Section 7_10_20. (4) Telecommunication towers - subject to the standards of Section 7.10.23 (999) c. Wetlands: ( (1) Marinas and boat launching facilities, provided that the area of wetland altered does not exceed five (5%) percent of the wetlands located on the parcel proposed for development; (2) Utifity transmission facilities; (3) For that portion filled in accord with permits received from Federal and State agencies exercising jurisdiction over such area, any conditional upland use_ 7. Residential Densities a. Maximum Residential Densities Except as provided in paragraphs band c of this subsection, no structure shall be constructed, built, moved, remodeled, occupied, or used as a residential use at a density greater than the applicable maximum residential density set forth in this paragraph. MAXIMUM RESIDENTIAL DENSITIES (Expressed as percentage 01 maximum density set forth in Ihe future land use designation 01 the Sl Lucie County Comprehensive Plan) NHIRD SHIRD - N SHIRD - S commencement level 15% 18% 9% Adopted August 1. 1990 139 Revised Through 08101/00 ~ - " (, '-" ...., Section 3.01.03 Zoning Oistricl Use Regufa(jons NHIRD SHIRD - N SHIRD - S level 1 36% 28% 45% level 2 54% 100% 100% level 3 100% does not apply docs not apply When the maximum percentage indicated in Ihe table above would yield less than one (1) unit per acre. a maximum density of one (1) unit per acre shall apply except for the RlC (Residential Conservation) future land use designation. Properties within the RlC future land use designation shall have their density computation based upon .2 du/ac for all lands above mean high wateL b, Existing Uses Any structure, project or use that exceeds the applicable maximum residential density set forth in paragraph (a) of this subsection or the maximum building height set forth in paragraph 11 (b)(2) of this section, shall not be subject to the provisions of this subsection but shall be considered a pre-existing use and be subject to the provisions of Section 11.07.05(G) if and only if: (1 ) The structure, project, or use has been occupied or constructed, or has received a building permit, site plan, or other County development approval prior to July 12, 1984; and (2) Development of the structure, project, or use is completed within all applicable approval periods and time limits, No change or alteration of a pre-existing use as defined in this paragraph shall be permitted if the change or alteration would allow a residential density exceeding that set forth in the building permit, site plan, or other County development approval for such existing pre- existing use. c, Payment of Alternate Development Fee. A site plan for a structure may be approved ala density greater than the applicable maximum set forth in paragraph a of this subsection upon the condition that the developer pay to the Board of County Commissioners the applicable alternate development fee set forth in this paragraph. In addition, if the proposed development, together with existing and previously approved development, will necessitate any roadway, bridge, or other improvement to maintain Level of Service C annually or D during peak season. or will require any traffic control device or access improvement, the site plan shall not be approved except upon the condition that building permits not be issued until after such improvement or traffic control device is installed or unlilthe developer has executed a contract for construction of needed improvements and has provided security in a form and amount acceptable to the County Attorney. The alternate development fee shall be payable at issuance of building permits and for each unit exceeding the maximum set forth in paragraph (a) of this subsection. 4 Adopted August 1,1990 140 Revised Through ,08101/00 - -- '. ,~ ~ Section 3.01.03 Zoning District Use Regulations ( ALTERNATE DEVELOPMENT FEES {amount per residential unit exœcdiog the ffi3Kimum permitted at NHIRD SHIRO - N SHIRD - S $2,336 $4.604 $ 13,697 ( Each alternate development fee represents an amount equal to the estimated cost per residential unit to provide the transportation improvements specified in subsection 8 of this Section. All alternate development fees collected pursuant to this paragraph shall be received and expended solely for the transportation improvements, or equivalent, specified in subsection 8 of this Section. Nothing in the paragraph shall permit a structure to be constructed, built, moved, remodeled, occupied, or used as a residential use at a density exceeding the maximum set forth in Level 4 for the NHIRD subdistrict or in Level 3 for the SHIRD-N and SHIRD-S subdistricts_ 1 I 1 d. Increase in Maximum Residential Densities i If, at any time after a residential use is approved under paragraph a of this subsection, the capacity of the roadway system in a subdistrict increases to the extent that maximum residential densities increase from the Commencement Level to Level 2, from Level 2 to Level 3, or from Level 3 to Level 4, a developer may submit a development application for the subject property for additional density as long as the development proposed in the application. when considered with the initially approved development, meets the requirements of this section and all other provisions of this Code. <: · · e. Credit for Payment of Roads Impact Fee Any roads impact fee paid pursuant to Section 1-17-30 of the Code of qrdinances of St. Lucie County, shall be credited against the applicable alternate development fee as set forth in Section 3.01.03.AA(7)(c) of this Code. 8. Traffic Capacity Levels For the purposes of this Code, the following levels of service or equivalent capacity, as determined to be acceptable by the Board of County Commissioners, shall govern the density of development according to subsection 7 of this Section. A traffic capacity level shall be deemed available when the Board of County Commissioners or other appropriate authority has accepted a construction bid for the stated improvement. · , a, Commencement Level . (1) Existing conditions. b. level 2 (1 ) N H I RD - Existing conditions as of October 12. 1983. together with the addition of Adopted Augusl1, 1990 141 Revised Through 08/01/00 ,. '. ....... ...., Section 3.01.03 Zoning District Use Regulations (~' .' { ,northbound right turn lane at Old Dixie Highway and the North Beach Causeway and signalization improvements at that intersection, and the addition of a southbound right turn lane at State Road A1A and Atlantic Beach Boulevard. (2) SHIRD-N - Exisling conditions together with the improvement of Seaway Drive to a four lane road from the South Beach Causeway Bridge to Binney Drive, the addition of a northbound left turn lane at the intersection of Ocean Drive and Binney, and the improvement of Ocean Drive in the City of Fort Pierce to a three lane road. (3) SHIRD-S - Existing conditions together with the improvement of either: (a) the Jensen Beach Causeway to a four lane facility, together with improvement of Indian River Dñve to a four lane road between the Jensen Causeway and Jensen Beach Boulevard, the improvement of State Road A1Ato a four lane roadway from the Jensen Beach Causeway to a point one mile north of the SI. Lucie - Martin County line, and the improvement of Jensen Beach Boulevard to U.S. 1 to four lanes; , 1 (b) the Stuart Bridge to a four lane facility, together with the four laning of the Ocean Boulevard Causeway from Indian River Plantation west through the intersection of Monterey Road, and the four laning of State Road A 1 A from the Jensen Beach Causeway to a point one mile north of the SI. Lucie County - Martin County line; or (c) the construction of a two lane bridge to South Hutchinson Island at the Walton Road conidor, together with improvements of Walton Road to four lanes west of the Savannahs to U.S. 1. t c. Level 3 4 (5) NHIRD - Level 2 improvements plus expansion of the North Beach Causeway to four lanes from north of Atlantic Beach Boulevard to U.S. 1, and the addition of a north bound right turn lane at U.S. 1 and Seaway Drive. (6) SHIRD-N - Level 2 improvements plus the four laning of Seaway Drive from Binney Drive to Ocean Drive or an equivalent improvement, improvement of Ocean Drive within the City of Fort Pierce to a four lane road, and the addition of a northbound right,turn lane at the intersection of U.S. 1 and Seaway. (7) d. Level 4 (1 ) SHIRD-S - Existing conditions together with two orthe improvements specified under Level 2 above. , L NHIRD - Leve/3 improvements plus grade separation of the North Beach Causeway and the Florida East Coast Railway tracks, an interchange at Seaway Drive and U.S, 1, or other improvements that will provide at least Level of Service D conditions during the peak season at the Seaway Drive and U.S. 1 intersection, and the four laning of State Road A 1 A from north of AtJantic Beach Boulevard to the Indian River County line. Adopted August 1. 1990 142 Revised Through 06/01/00 '. " '-' ......, Seclion 3.01.03 Zoning District Use Regutations ( c (2) SHIRD-N - Does not apply, (3) SHIRD-S - Docs not apply, 9. Environmentally Sensitive Areas The residential densities permitted in the Dune Preservation Zone and in the wetlands may be used only if clustered to uplands located on the parcel proposed for developmenl. or if clustered 10 Ihat portion of the wetlands filled in accord with permits received from federal or slate agencies exercising jurisdiction over such area. 10. Lot Size Requirements ~ a, . Single Family Development: 1 Lot size requirements for detached single-family dwelling units shall be in accordance with the lot size requirements for the RS-4 District found in Table 1 in Section 7.04.00. b. Multi-Family Development: Lot size requirements for multiple-family dwelling units and two- and three-family dwelling units shall be in accordance with the lot size requirements for the RM-11 District found in Table 1 in Section 7.04.00. 11. Dimensional/Building Height Requirements ( . a. Single Family Development: Dimensional requirements for detached single-family residential units shall be in accordance with the dimensional requirements for the RS-4 District found in Table 7.10 in Section 7.04.00, with the exception of residential densities that are outlined in this section and the requirements of Section 4.01.00, Hutchinson Island - Building Height OVerlay Zone. b. Multi-Family Development: Dimensional requirements for all multiple-family dwelling units and two- and three-family dwelling units shall be in accordance with the dimensional requirements for the RM-11 District found in Table 7.10 in Section 7.04.00, except as follows: (1 ) Residential densities shall be as set forth in subsection 7 of this Section. . (2) For any structure that has not been occupied constructed. or has not received a building permit, síle plan or othe( County development approval prior to January 10, 1995 the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. 12. Off-streel Parking and loading Requirements Off-street parking and loading requirements shall be in accordance with Section 7.06.00. Adopted August 1, 1990 143 Revised Through 08101100 " "-' ~ Section 3,01.03 Zoning District Use Regulations .. ( 13. Landscaping Requirements Landscaping requirements shall be in accordance with Section 7,09.00. 14. Nonconforming Lots of Record Notwithstanding any other provision of this section, the provisions of Section 10.00.04 shall govern the erection of a single-family dwelling and customary accessory buildings on any single lot of record existing on the effective date of this Code. 15. Additions to Recreational Vehicles, Mobile Homes, and Travel Trailers a. Notwithstanding any other provision of this section, any mobile home. recreational vehicle, or travel trailer park space located in this district shall be considered an existing conditional use under Section 11.07.05(G) if and only if: . j (1 ) the mobile home has been erected and occupied, or the recreational vehicle or travel , trailer park space constructed and used, prior to the effective date of this Code; and (2) the mobile home, recreational vehicle, or travel trailer park space was a fully conforming use on the effective date of this Code. b. No addition to an existing mobile home shall be permitted unless the addition meets all requirements of the RMH-5 District. [ c. No Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto shall be permitted unless the Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto meets all applicable requirements of Section 7_1 0.16 (RECREATIONAl VEHICLE PARKS) in existing recreational vehicle parks, or Section 7.10.17 (MOBilE HOME PARKS) in existing mobile home parks. . d. An addition in existence as of April 18, 1989, (Ordinance 89-09) which does not meet the requirement established in this Section shall be deemed a nonconforming structure and shall be subject to the provisions of Section 10.00.03. However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Fire Safely Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501 A-1982, as applicable, must be brought into compliance or removed. The decision of the Fire Marshal may be appealed to the Board, of Construction and Appeal. 16. Sea Turtle Protection t Sea turtle protection requirements shall be in aq;ordance with Section 6.04.02. Adopted August 1. 1990 144 Revised Through 08101/00 ~ '-' Section 7.02.00 Planned Non-Residential Development (' 7.02.00 PLANNED NON-RESIDENTIAL DEVELOPMENT 7.02.01 PURPOSE The Planned Non-Residential Development (PNRD) District is intended to achieve non-residential land development of superior quality through the encouragement of flexibility and creativity in design options that: A. Permit creative approaches to the development of non-residential land reflecting changes in the technology of land development; B. Allow for the efficient use of land, which can result in smaller networks of utilities and streets and thereby lower development costs; C. Allow design options that encourage an environment of stable character, compatible with surrounding- land uses; and D. Permit the enhancement of neighborhoods through the preservation of natural features, the provision of underground utilities, and the provision of recreation areas and open space. 7.02.02 PERMITTED USES The following general guidelines shall be used in determining the permitted use possibilities in any Planned Nonresidential Zoning Development: ( A. For properties located in any Residential or Agricultural classified land use area; Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Institutional (I) Zoning Districts, and in the Agricultural land use classified areas only, any non-residential permitted or accessory use identified in the Agricullure-1 (AG-1), Agricultural-2.5 (AG- 2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standards, conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination ofthe compatibility of the proposed use(s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall in etude a complete identification of all planned uses and activities. f 8, For properties located in any Commercial or Industrial classified land use area: Any permitted, conditional or accessory use, including any standards, conditions and requirements for those uses, as identified in the Commercial, Neighborhood (CN); Commercial, Office (CO); Commercial, General (CG); Industrial Ught (Il); Industrial Heavy (IH), Utility (U) and (I) Institutional zoning districts, and any non-residential permitted or accessory use identified in the Agriculture-1 Adopted August 1, 1990 382 Revised Through 08101/00 '-' ..,.; ( Section 7.02.00 Planned Non-Residential Development (AG-1), Agricultural-2.5 (AG-2.5), or Agricultural-5 (AG-5) zoning districts of this Code. Telecommunication towers must comply with the requirements of Section 7.10.23. The general standards. conditions and requirements, as found in this Code, that pertain to conditional and accessory uses shall be used in the determination of the compatibility of the proposed usee s) with the surrounding land uses in the review of the Planned Nonresidential Development. All applications for Planned Nonresidential Development shall include a complete identification of all planned uses and activities. 7.02.03 STANDARDS AND REQUIREMENTS Standards and requirements for a Planned Non-Residential Development shall be as follows: A. MINIMUM SIZE The minimum lot size requirements for a Planned Non-Residential Development shall be as follows: 1 . Any Planned Non-Residential Development in a Residential Land Use classification shall comply with the minimum lot requirements in the Commercial Neighborhood (CN) Zoning District. 2. Any Planned Non-Residential Development in a Commercial, Industrial or Mixed Use Land Use classification shall comply with the minimum lot requirements in the Commercial General (CG) Zoning District. 3. All Planned Non-Residential Development shall be under common ownership or control. B. DIMENSIONAL REQUIREMENTS Minimum dimensional requirements shall be in accordance with Table 7.10 in Section 7.04.01, provided, however, that the Board of County Commissioners may condition approval of a Planned Non-Residential Development upon compliance with more stringent or restrictive dimensional requirements in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan; and, any structure on North or South Hutchinson Island that has not been occupied, constructed, or has not received a building permit, site plan or other County development approval as a permitted use prior to January 10, 1995, the requirements of Section 4.01.00, Hutchinson Island - Building Height Overlay Zone shall apply. t C. PUBLIC FACILITIES 1. The Planned Non-Residential Development shall be designed and located so there will be no net public cost for the provision of water lines, sewage lines, storm and surface drainage Adopted ~gust 1. 1990 383 Revised Through 08101/00 " , '. \' '-' '" Section 7.02.00 Planned Non-Residential Development ! ' systems, and other utility systems in order to ensure compatibility with surrounding land uses, to mitigate impact on the environment and natural resources, to ensure public safety and to ensure compliance with the St. Lucie County Comprehensive Plan. 2. The minimum size of all water mains used, or intended for use, in fire protection activities is six (6") inches. Actual water main requirements will be determined by the 5t. Lucie County- Ft. Pierce Fire Prevention Bureau. 3, The minimum size of all water mains used, or intended for use, in fire protection activities, that are located on a dead-end water main is eight (8") inches. Actual water main requirements will be determined by the St. Lucie County-Ft. Pierce Fire Prevention Bureau. The maximum number of fire hydrants that may be located on any dead end water main is one (1). 4. Fire hydrants shall be provided at a minimum spacing of one every six hundred (600) feet unless otherwise approved by the SI. Lucie County-Ft. Pierce Fire Prevention Bureau. D. TRAFFIC AND PEDESTRIAN CIRCULATION 1. Every use permitted in a Planned Non-Residential Development shall have access to a public street either directly or through an approved private road, vehicular accessway, a pedestrian way, or other area dedicated to public or private use. ¡ , 2. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movement and minimum hazards to vehicular or pedestrian traffic. Minor streets within the Planned Non-Residential Development shall not be connected to streets outside the development so as to encourage their use by through traffic. 3. The proposed Planned Non-Residential Development shall be designed so that it will not create traffic congestion on the arterial and collector roads surrounding the project, or such surrounding collector or arterial roads shall be improved so that they will not be adversely affected. 4. Streets in a Planned Non-Residential Development may be dedicated to public use or retained under private ownership. Said streets and associated improvements shall comply with all pertinent County regulations and ordinances, however, variations to the standard minimum right-of-way widths may be considered as part of the Planned Non-Residential Development if it is shown to the satisfaction of the County Commission, that the requested variation is consistent with the intent of the County's roadway construction standards and necessary for the design of the Planned Unit Development. . 5. Any pedestrian circulation system and its related walkways shall be insulated from the vehicular street system. Adopted August 1, 1990 384 Revised Through 08101/00 " '-' ...,¡ (. Section 7.02.00 Planned Non-Residential Development 6. All roads and streets shall intersect at an approximate ±5° angle of ninety degrees (900) unless circumstances acceptable to St. Lucie County indicate a need for a lesser angle of intersection. 7. Street jogs or centerline offsets between any local street or road with another local street or road, shall be no less than one hundred fifty feet (150). 8. The intersection of any two local roads or streets with a Major Collector or Arterial Roadway shall be separated by a minimum distance of six hundred sixty feet (660), as measured from centerline to centerline, 9, Permanent dead-end streets shall not exceed one thousand feet (1000) in length. Cul-de-sacs shall be provided at the end of all dead end roads or streets greater than five hundred and one (501) feet in length. The length of a dead-end street shall be measured along the centerline of the street from the its point of perpendicular intersection with the centerline of intersecting street to the end of the dead-end street or roadway. All cul-de-sacs shall have a minimum right-of-way diameter of one hundred (100) feet. If the dead end roadway is five hundred (500) feet or less in length, a "Y" or"T' type of turn around may be approved. If a dead end street is temporary in nature then a temporary cul-de-sac shall be required until the roadway is connected to another street or road. In the center of the cul-de-sac an unpaved island, surrounded by a curb, improved with grass and landscaping that will not interfere with sight distance, may be provided. Center islands shall have a diameter of not less than seventeen (17) feet, unless otherwise approved through the review of the Planned Unit Development. 10. All roadways, exclusive of interior parking and access aisles areas, regardless of ownership, shall be located a minimum of ten (10) feet from any exterior building walls, except for security gate houses or similar security structures located in a private street or road right-of- way. 11 . Access points on all collector or arterial streets serving a Planned Non-Residential Development shall be located and spaced so that traffic moving into and out of the arterial streets does not cause traffic congestion. E. PARKING AND LOADING 4 1. General Provisions a. The number, type, and location of parking spaces shall be determined at the time of final Planned Nonresidential Development plan approval. The determination of the number of spaces required shall be based on Section 7.06.02 of this Code. The Adopted August 1. 1990 385 Revised Through 08101/00 (, ~ '" Section 7.02.00 Planned Non-Residential Development (' number of parking spaces required by this section may be reduced based on substantial competent evidence that the reduced number of spaces IS adequate for the proposed use or that parking may be shared by proximate uses that operate at different times or on different days. b. Reserved parking spaces may be provided, in lieu of paved spaces, subject to Section 7.06.02(8)(4) of this Code, 2. Off Street Parking and Loading Off-street parking and loading requirements are governed by Sections 7.06.02 and 7.06.03 of this Code, and the following standards: a. Qff-street parking and loading areas shall be designed to provide travelways between adjacent uses while discouraging through traffic. b. Off-street parking and loading areas shall be screened from adjacent roads and pedestrian walkways with hedges, dense planting, or changes in grades or walls. 3. On Street Parking In Planned Non-Residential Developments, on street parking may be used so long as the road on which the on-street parking is proposed lies entirely within the limits of the defined ( Planned Nonresidential Development and such parking would not contravene any other provision of this Code or the St. Lucie County Code of Ordinances. Where such on street parking and loading is used, it shall be consistent with the fOllowing design standards: a. The minimum size of a parking stall shall be as follows: parallel angled handicapped (parallel) handicapped (angled) 8 feet X 23 feet 10 feet X 18 feet 12 feet X 23 feet 12 feet X 18 feet b. Handicapped parking spaces shall be appropriately marked. c. Access for emergency fire vehicles shall be in accordance with NFPA standards. d. No more than fifteen (15) parking spaces shall be permitted in a continuous row without being interrupted bya minimum landscape area of 360 square feet. ~ F. LIGHTING AJllighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. Adopted August 1, 1990 386 Revised Through 08101/00 " " '-' '" ( Section 7.02.00 Planned Non-Residential Development G. LANDSCAPING AND NATURAL FEATURES 1. Native trees and vegetation and other natural features shall be preserved to the extent practicable, 2. All sensitive environmental vegetation, trees and areas shall be preserved to the extent practicable. 3. Landscaping for off-street parking and loading areas shall meet the minimum requirements of Section 7.09.00. H. OPEN SPACE STANDARDS 1. For development projects of less than ten (10) acres, a minimum of twenty (20) percent of the gross area of land to be committed to a Planned Non-Residential Development must be for use as common open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space. common landscaping or planting areas, or other areas of public purposes other than street or road rights-of-way, utility easements, excluding exclusive stormwater treatment facilities, and parking areas. For development projects of ten (10) acres or more, a minimum of thirty-five (35) percent of the gross area of land to be committed to a Planned Non-Residential Development must be for use as common open space, which may include parks, recreation areas, bicycle and pedestrian paths and facilities, marinas, swimming beaches, common open space, common landscaping or planting areas, or other areas of public purposes other than street or road rights-of-way, utility easements, excluding exclusive stormwater treatment facilities, and parking areas. At the request of the developer, and subject to the approval of the Board of County Commissioners, use of recreational facilities may be offered to the general public. A minimum of 15 percent of any existing native upland habitat on the property, must be preserved in its natural condition as part of the required 35 percent common open space, For each acre of preserved native habitat above the required minimum 15 percent that is preserved in its original state, credit shall be given at a rate of 150 percent per acre towards the remaining common open space requirement. All areas to be dedicated for common open space shall be identified as part of the Preliminary Development Plan for the Planned Nonresidential Development. Areas that are floodways,lakes, wetlands, and stormwater retention areas may be applied to satisfy the total common open space requirement subject to the requirement that 15% of any existing native habitat on the property must be included as part of the required 35% common open space. As part of the Final Planned Nonresidential Development submission process, the developer or petitioner for the Planned Nonresidential Development shall provide for one, of the Adopted August 1,1990 387 Revised Through 08101/00 '. '. " "-' '--' Section 7.02.00 Planned Non-Residential Development (:,' following: a. The advance dedication of all common open space to a public, or acceptable private. agency that will. upon acceptance, agree to maintain the common open space and any buildings. structures or improvements that have been placed on it. All such dedications or conveyances shall be completed prior to the issuance of any building permits, including land clearing, for any portion of the Planned Nonresidential Development; or, b. A phased conveyance of the land to be used for common open space to a public or acceptable private agency thai will, upon acceptance, agree to maintain the common open space and any buildings, structures or improvements thai have been placed on it. The schedule for the phased conveyance of any such lands 10 be used for common open space shall be a specific condition of appnwal for the Planned Nonresidential Development. 2. Areas provided or reserved to meet any other environmental preservation or protection requirement of this code or other lawful regulatory authority may be counted towards the overall common open space requirement, provided that the common open space meets the requirements of this Code. 3. . All land dedicated for common open space shall be physically part of the Planned Non- Residential Development. ( I. PHASING 1. A Planned Non-Residential Development may be developed in more than one (1) stage or phase. 2. If a Final Development Plan approved by the Board of County Commissioners is to be developed in stages or phases, each successive phase shall be constructed and developed in a reasonably continuous fashion. The final stage or phase shall be compleled within ten (10) years of the date of final development plan approval. Any extension of the above requirement is subject to approval by the Board of County Commissioners unless otherwise amended by the Board of County Commissioners. J. SIGNS 1, Signs within any Planned Non-Residential Development located in a Residential or Agriculturally classified land use area shall comply with the provisions of Chapter 9 applicable to the Commercial Neighborhood (CN) Zoning District; provided, however, that the Board of County Commissioners may condition approval of a Planned Non-Residential Development upon compliance with more stringenl sign regulations in order to ensure design consistency throughout the proposed development. to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the St. Lucie Adopted August 1, 1990 388 Revised Through 08101/00 " " '-' ...",; ( Section 7.02.00 Planned Non-Residential Development County Comprehensive Plan. 2. Signs within any Planned Non-Residential Development located in a commercially or industrially classified Land Use Area shall comply with the provisions of Chapter 9 applicable in the Commercial General (CG), Zoning District; provided, however, that the Board of County Commissioners may condition approval of a Planned Non-Residential Development upon compliance with more stringent sign regulations in order to ensure design consistency throughout the proposed development, to ensure compatibility with surrounding land uses, to ensure public safety and prevent public harm, and to ensure compliance with the S1. Lucie County Comprehensive Plan. { Adopted August 1,1990 389 Revised Through 08101/00 --~-- -~~------- ---l '-' "w1I ~ ~ z U) A Q) +-' ~ 1..- ..- Q) C\J C\J Q ..- ~ 0 0 , . >... 1..- . v I !;)' < ø 0.... ~ , L- v :=J ..- '~'B u ¡ 0 I' . ~ +-' ~ , c D l 0 C ~ ~ Q) Q) N ~ ~ U L- a::: ~ > L- Q) ~ u '+-- . \.<; Q) ~- L- i~ 0.... :! ~ .... ~ Z :J o U -QlO~ Hl"SJJOIf9 cr ~ cr (1"01:1 NNHS ", ''-, '" z ç Z :J o U ~_"·___n'__'.__..__ a: w > ëë · · · · ~ --- aYoYJ~ii¡õ!.iT , o...o~ ]Ñil '"]')-N'-'ej ~ - . ---oYOØf,,';n 1J3(JY)-'¡ '" cr I ( ~O])N'<j; --0;õ4~1rII0111n') i ",,- '-"""" w z ¡:: a: « :2 ~ ~ o z 3 -.--- m .... ~ o ~ cr .l·) 1....) [ 'J ~N""'J . ! f;O.~...../ ~ .... cr s .. S S[ S % ~ '\; -¡. ALNnOJ 3380H833>1Q -----~ A Petition of Century ~:referred Properties for a cr 1e in zoning from the HIRD (Hutchinson IslanL.Hesidential District) to the ~ íD (Planned Non Residential District) Zoning District. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 6 \ RZ 01-012 f'" / / / / /~ This pattern indicates ~ subject parcel 1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ® \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ~'::!~~f n.1Np'-_~b"""P'Mr*'a"""-""-~...,. N 'MIA.-r_...to..o_"......._.....--.I_~ ~~..___b'_...~~~. ->-- -- Cent~!I 21 Preferred Pi' Jperties Land Use \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ , \ \ \ \ \ \ \ \ \ \ \ \ \ 6 \ RM RZ 01-012 1 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 1 lID \ \ \ \ \ \ \ \ \ \ \ ~L~~~~t Map prepared June 4. 2001 r ..../tIIIp MiI....,..-pw ...~,..................~ 1Irir· N WhIo .....,...-..-'-......_........... ___.IIWId___ ~ ....-,'11............. __.. .1oogooIIr........ ~ ~ This pattern indicates subject parcel --I Cent~y 21 Preferred ~~perties Zoning \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PUD \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 6 \ RZ 01-012 / / / / / /~ This pattern indicates ~ subject parcel 7 \ \ \ \ \ \ \ HI~D \ \ \ \ \ \ \ \ \ \ , ffi) \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ sø-h~4~·f GJ§.) ~>..-=-- Map prepared June 4. 2001 ~OMp__--""'lDrþrWIII~""'~~""". N ...............-.,...............fDPfO'Ibo__~MCI_ ~~~._~....__........II/rIdInq~ Centtrry 21 Preferred P'toperties RZ 01-012 V / / / / /.A This pattern indicates tLLLLLLJ subject parcel 5lr.4~~~ t Q,Ji - .-=- Map prepared June 4, 2001 THlInIP"ÞIIIn~fDrgwwlll"""'ard"""'~onÞ,. N ...".. ..,.1IIbI:* *-' __ID ~... mIIt~.-d-.nll ~~'.nDtlrandldfor....·IIOIIJI*dnCI~ /'. "; <:.I 'V ;"> ,o.. ,,", IV) I: ~ ,~e ~ j~ J '.~ p... '.c: "C .. Co ~ i! E I:: :' WI ~ i ß t '~ p,. - ~~ E 5 §~ ¡ t :: fQ .8 i.q~ cO e¿ '!j ~ :U ... 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[ ] Quasi-JD [ X] · Board of County Commissioners Community Development · Consider Draft Resolution 01-121, which would grant the ition of MBTS, Inc" for a Major Site Plan and A Conditional Use Permit for a 3,5 square foot conven nce store with accessory gasolinel undistilled alcoholic beverage sales, in the CN (Commercial, Neighborhood) zoning district for property located in St. Lucie County, Florida, which project is 10 be known as Hess Station - Midway and Selvitz Road. (File No.: MNSP-01-007 and CU- 01-002) MBTB, Inc., through their agenls Thomas Lucido & Associates, have applied for a Conditional Use Permit and Major Site Plan approval to allow for the construclion and operation of a new 3,500 square foot convenience store, with nine gasoline pumps and an automatic car wash, which is to be known as Hess - Midway & Selvitz Road. This new gasoline I convenience store will be localed on the northwest corner of West Midway Road and Selvitz Road, southwest of FI. Pierce. The subject property is located in the CN (Commercial, Neighborhood) Zoning District. The Fulure Land Use designation on this property is COM (Commercial). Pursuanl to Seclion 11,02.02(c)(5), of the Land Development Code, the site plan portion of this project is to be processed as a Major Sile Plan since there will be at leasl one (1) acre of remaining land that is not yet been submitted for site plan review. The actual area of development will be 2.18 acres out of a total of a 6.31-acre parcel, leaving 3.87 acres yet to be site planned. The Conditional Use portion of this application deals with accessory sales of (1) Gasoline and (2) Undistilled alcoholic beverages, to the retail sales of food. A convenience store, as proposed, has been interpreted to meet the permitted use requirements for the sale of food products, thus enabling the option of these conditional/accessory uses. The Planning and Zoning Commission, by a vote of 4 to 3, with two members absent (Mr. Trias and Mr, McCurdy), recommended approval of the Conditional Use Permit at its June 21, 2001 meeting. Staff recommends approval of Draft Resolution 01-121, subject to the cited conditions conlained therein, COMMISSION ACTION: [J[J APPROVED D DENIED D OTHER 5-0 CURRENCE: Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND588) '-" v Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Resolution 01-121, which would grant the petition of MBTB, Inc., for a Major Site Plan and A Conditional Use Permit for a 3,500 square foot convenience store with accessory gasoline/ undistilled alcoholic beverage sales, in the CN (Commercial, Neighborhood) zoning district for property located in St. Lucie County, Florida, which project is to be known as Hess Station - Midway and Selvitz Road. (File No.: MNSP-01-007 and CU-01-002) MBTB, Inc., through their agents Thomas Lucido & Associates, have applied for a Conditional Use Permit and Major Site Plan approval to allow for the construction and operation of a new 3,500 square foot convenience store, with nine gasoline pumps and an automatic car wash, which is to be known as Hess - Midway & Selvitz Road. This new gasoline / convenience store will be located on the northwest corner of West Midway Road and Selvitz Road, southwest of Ft. Pierce. The subject property is located in the CN (Commercial, Neighborhood) Zoning District. The Future Land Use designation on this property is COM (Commercial). Pursuant to Section 11.02.02(c)(5), of the Land Development Code, the site plan portion of this project is to be processed as a Major Site Plan since there will be at least one (1) acre of remaining land that is not yet been submitted for site plan review. The actual area of development will be 2.18 acres out of a total of a 6.31-acre parcel, leaving 3.87 acres yet to be site planned. The Conditional Use portion of this application deals with accessory sales of (1) Gasoline and (2) Undistilled alcoholic beverages, to the retail sales of food. A convenience store, as proposed, has been interpreted to meet the permitted use requirements for the sale of food products, thus enabling the option of these conditional/accessory uses. On June 4, 2001, the Development Review Committee found that the proposed site plan meets all minimum technical review requirements and was ready for final processing. At this time, a review of the Conditional Use Permit portion of this application finds that the requested uses, developed in accord with the proposed site plan, will not adversely affect the surrounding areas. The properties to the immediate north and west of the development area are vacant and zoned for commercial neighborhood uses. The next separate ownership parcel to the north is used for residential use, but as shown on the project site plan, is to be adequately buffered to minimize any impacts that may result from this development site. To the east of the petitioned property, on the northeast corner of West Midway Road and Selvitz Road, is the EKE/Mobile Station. This parcel is also zoned CN (Commercial Neighborhood) but was processed as permitted use since the current conditional use requirements were not in effect the time it was approved. To t '-" ..., August 14, 2001 Page 2 Subject: Hess- Midway/Selvitz Res. 01-121 the south of the subject site, on the south side of West Midway Road, is a portion of the City of Port St. Lucie, which in this area is zoned RS-2 (Single-Family Residential). The applicant has been worked with County Staff during the design stage of this project in order to preserve a portion of the native vegetation that exists on the site. The current design provides for maintaining a native vegetative buffer along the northern property line and along the parcels east property line, adjacent to Selvitz Road. In addition, the applicant has provided for the preservation of a number of existing trees along the southern property line adjacent to West Midway Road. The developer is proposing to supplement the existing native vegetative buffers with additional vegetative materials. At the June 21, 2001, public hearing on this proposed Conditional Use, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 3, with two members absent (Mr. Trias and Mr. McCurdy) recommended approval of this petition. Should this Board- agree with this recommendation, staff recommends that any such approval authorization include the following special conditions: 1. Prior to issuance of a Certificate of Occupancy for the proposed convenience store, the petitioner, their successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the south 20 feet of the parcel described in Part B below, for the future widening of West Midway Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 2. Prior to issuance of a Certificate of Occupancy for the proposed convenience store, the petitioner, their successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the east 10 feet of the parcel described in Part B below, for the future widening of Selvitz Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 3. Prior to the issuance of a Certificate of Occupancy the developer of this project shall provide a dedicated corner clip, as shown on the site plan, at the intersection of West Midway Road and Selvitz Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 4. Prior to the issuance of a Certificate of Occupancy, the developer shall submit for review and approval a cross-access agreement for a proposed shared access driveway from West Midway Road, as shown on the site plan. 5. Prior to the issuance of any building permits for any use on the property described in Part B below, the developer of this project shall meet the following minimum design standards. A. General Building Design Standards. '-" ~ August 14, 2001 Page 3 Subject: Hess- Midway/Selvitz Res. 01-121 These standards are intended to promote an architectural style that is historically typical to this region of Florida. To promote this style, the developer is required to select at least five (5) elements or features from the following list and shall illustrate the selected elements or features on the required building elevation drawings to be submitted with any application for building permit. · Predominantly vertical, rectangular, windows · Clear glass windows (88% light transmission or more) · Lightly stained / painted wood in a horizontal pattern · Arbor · Clock tower · Bahama shutters · Square Columns · Porch with picket railing · Arcade / loggia · Cupola · Dormer · Standing seam metal roof · Widow's walk · Lattice detailing · Stone or stamped concrete pavement at project entry, drop-off, or pedestrian crossing (330 s. f. minimum). · Pedestrian courtyard or plaza (200 s. f. minimum) · Canopy · Portico / Porte Cochere · Sculpture · Raised cornice parapets over doors · Arches · Display windows · Bell tower · Frieze medallion Examples of these architectural styles are attached as Exhibit B. B. Facade and Roof Designs (1) Prohibited Facade Features and Materials · large, blank, unarticulated walls · corrugated metal siding · plastic siding, plastic laminates unpainted concrete block/plain concrete walls · irregular, modernistic, window shapes · reflective-glass · imitation rock work veneer · plywood """'" '-.,.I August 14, 2001 Page 4 Subject: Hess- Midway/Selvitz Res. 01-121 · corrugated fiberglass · square, box-like, buildings without articulation of windows or facade (2) Facade Designs Requirements for the articulation of facades shall apply to the front and sides of all buildings. Articulation -- Facade designs shall provide for varying wall offsets and other architectural features to create horizontal and vertical building articulation. A minimum wall offset of 5 feet is required to achieve horizontal facade articulation. A minimum vertical distance of 2 feet between facade elements is required to achieve vertical articulation. (3) Roof Designs Sloped Roofs -- Roof height shall not exceed the average height of the supporting walls. The average slope shall be greater or equal than 1 foot of vertical rise for every 3 feet of horizontal run, and the average slope shall be less than or equal to I foot of vertical rise for every I foot of horizontal run. Proposed buildings shall incorporate at least two (2) of the following roof elements or features: · Eaves that overhang a minimum of 2 feet with a minimum fascia depth of 8". · Three or more roof slope planes per primary facade. · An additional vertical change in roof height (minimum 2 foot change in elevation). · Dormers or other additional roof elements facing primary street frontage. · A porch, portico, arcade, or other similar element located at the main building entrances. Flat Roofs -- Flat roofs/ including those of the gasoline service canopies, may be used provided all of the following conditions are met: · Peaked or pitched roof elements shall cover at least 50% of the length of a facade facing the primary street frontage. Mansard roofs and/or cornices (min. 12" in height with a min. of 3 relief) may be counted toward meeting 25% of the required horizontal length. Peaked or pitched roof elements shall cover at least 25% of the sides of a building. · Equipment on roof shall not be visible from an elevation that is horizontal to the location of the roof equipment. · A porch, portico, arcade, or other similar element shall be located at the main entrance(s). Prohibited Roof Materials Elements · Asphalt shingles (except laminated, 320 lb., 30 year architectural grade shingles or better). ''w' ~ August 14, 2001 Page 5 Subject: Hess- Midway/Selvitz Res. 01-121 · Mansard roofs/canopies without roof articulation using faux gables, dormers, etc. · Roofs with less than a 3/12 pitch (unless full parapet coverage is used). · Back-lit awnings used as a mansard or canopy roof. . Brightly colored glazed tile. 6. All areas of preservation/protection shall be appropriately secured and marked to ensure their protection during construction. To the extent permitted under County Codes, these areas shall be eligible for consideration in meeting the minimum landscaping and screening requirements of the County's Land Development Code. 7. No clearing outside of the development area shown on the project site plan for the Hess- Midway & Selvitz Roads shall be authorized until final site plans are approved in these areas. The proposed Conditional Use Permit, subject to the recommended conditions, 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 St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition of MBTB, Inc., for a Major Site Plan approval to allow the construction of a 3,500 square foot convenience store, including an automatic car wash, in the CN (Commercial, Neighborhood) Zoning District, and that the requested conditional use permit for authorizing the sale of (1) Gasoline and (2) Undistilled alcoholic beverages, as an accessory use to the retail sales of food, be approved for the proposed business to be located at the northwest corner of the intersection of West Midway Road and Selvitz Road. Draft Resolution 01-121 provides for the approval of this requested conditional use. Staff recommends approval of Draft Resolution 01-121. If you have any questions, please let us know. DJM/ he _selvitz1 (h) cc: County Administrator County Attorney Mr. Sam Brink, MBTB Inc. Stuart Kalmanwitz, Property Owner Greg Boggs, Thomas Lucido & Associates '-' ""'" 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION 01-121 FILE NO.: CU-01-002 and MNSP-01-007 A RESOLUTION GRANTING APPROVAL TO A MAJOR SITE PLAN AND A CONDITIONAL USE PERMIT FOR A 3,500 SQUARE FOOT CONVENIENCE STORE WITH ACCESSORY GASOLINE! UNDISTILLED ALCHOLlC BEVERAGE SALES, IN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DliSTRICT FOR PROPERTY LOCATED IN ST. LUCIE COUiNTY, FLORIDA, WHICH PROJECT IS TO BE KNOW'N AS HESS STATION - MIDWAY AND SELVITZ ROAD. 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 WHEREAS, the Board of County Commissioners òfSt;Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CONDITIONAL USE PERMIT 1. MBTS, Inc., presente etitionforàConditional Use Permit to the operation of a 3,500 sqUare foot conveni tore with an accessory use of retail gasoline sales/ retail sales of undistilledalçoholic beverages, to be known as Hess - Midway and Selvtiz Road, in the CN (Commercial, Neighborhood) Zoning District for the property described in Part B. 2. OnJune 21,2001 ,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 Board of County Commissioners approve the hereinafter described request for a Conditional Use Permit in CN (Commercial, Neighborhood) Zoning for the property de$cribed in Part B. 3. On August 21, 2001, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. 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. 5. The proposed project will not have an undue adverse effect on adjacent property, the File No,: GU-01-002\MNSP-01-007 August 21, 2001 Resolution 01-121 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 character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 6. Fort Pierce Utility Authority will provide water and sewer services to the proposed project. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on August 21, 2001. SITE PLAN 8. MBTB, Inc.. presented a petition for a Site Plan approval to construct aa 3,500 square foot convenience store with an accessory use of retail gasoline sales/ and a car wash, to be known as Hess - Midway and Selvtiz Road,inthe CN (Commercial, Neighborhood) , Zoning District for the property described in PartS. 9. The Development Review Committee has Jeviewed thØpetition for a Major Site Plan approval and found it to meet all techhicalJequirementsöfthe Land Development Code and to be consistent with the future land usemapsofthe,st. Lucie County Comprehensive Plan, subject to the conditions set forth.in Part 0 of this Resolution. 10. The proposed project is consistentwith the general purpose, goals, objectives and standards of the St. LUcie County Comprehensive Plan, the St. Lucie County Land Development Code and the Code of Ordinances of St. Lucie County. 11. posed project will not have an undue adverse effect on adjacent property, the rof the neighborhood, traffic conditions, parking, utility facilities, or other matters gtl1Etpublic health,safety and general welfare. 12. All reasonäl:llesteps have been taken to minimize any adverse effect of the proposed projeCt on thèilTlmediate vicinity through building design, site design, landscaping and screening. 13. 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. 14. Fort Pierce Utility Authority will provide water and sewer service to the proposed project. 15. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on August 21 , 2001. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: File No.: CU-01-002\MNSP-01-007 August 21, 2001 Resolution 01-121 Page 2 1 2 3 A. 4 5 6 7 8 9 10 11 B. 12 13 14 15 -16 17 18 19 20 21 22 23 C. 24 25 26 27 28 29 D. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 '-'" """ CONDITIONAL USE PERMIT Pursuant to Section 11.07.03 of the S1. Lucie County Land Development Code, a Conditional Use Permit for MBTB, Inc. to provide for the operation of a 3,500 square foot convenience store with an accessory use of retail gasoline sales/ retail sales of un distilled alcoholic beverages, to be known as Hess - Midway and Selvtiz Road, in CN (Commercial, Neighborhood) Zoning and as depicted on the site plan drawings described in Part D, is hereby granted for the property described in Part B, subject to the conditions described in Part D. The property on which this Conditional Use Permit is being granted is described as follows: Legal Description: Lots 15 and 16 less the North 944.5 feet and less the West 240.00 feet of said lot 15 and less Right-Of-Ways for Midway and Selvitz Roads. In the Northeast Y. of Section 6, Townshlp'36 South, Range 40 East, of "Model Land Company SubdiviSiO"~',,'as record~dinplat book 4, page 34 of the public records of St. LucieCOùhty',"l:;lorida. Cåntaining 2.176 acres more or less. (Location: Northwest corner of the Intersection of West Midway Road and Selvltz Road) A copy of this Resolution shall be attached to the site plan drawings described in Part D, which plan shall be plajJëd on file With theSt. Lucie County Community Development Director. SITE PLAN Pursuant to Section 11.02.09 and Section 11.07.05(B) of the St. Lucie County Land DevelopmentCode, the MinorSite Plan for the project to be known as Hess - Midwav and...Selvitz Roadþe, and the same is hereby, approved as shown on the site plan draWings for theþrojëct prepared by Thomas Lucido & Associates, dated May 5,2001 and last revised on June. 11 , 2001 and date stamped received by the St. Lucie County Community Development Director on June 12, 2001, subject to the following conditions: Priorto issuance of a Certificate of Occupancy for the proposed convenience store, the petitioner, their successors or assigns, shall convey to St. Lucie County, in manner and form acceptable to the S1. Lucie County Attorney, the south 20 feet of the parcel described in Part B below, for the future widening of West Midway Road . To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 2. Prior to issuance of a Certificate of Occupancy for the proposed convenience store, the petitioner, their successors or assigns, shall convey to S1. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, the File No.: CU-01-002\MNSP-01-007 August 21, 2001 Resolution 01-121 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 '-' "filii east 10 feet of the parcel described in Part B below, for the future widening of Selvitz Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 3. Prior to the issuance of a Certificate of Occupancy the developer of this project shall provide a dedicated corner clip, as shown on the site plan, at the intersection of West Midway Road and Selvitz Road. Tothe extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 4. Prior to the issuance of a Certificate Of Occupancy, the developer shall submit for review and approval a croäs"access agreement for a proposed shared access driveway from West Midway Road, as shown on the site plan. 5. Prior to the issuance of any building permitsfórany use on the property described in Part B below, th ~Ioper ofthispiöject shall meet the following minimum design stån A. General Building Design Standards; These standards are intended to promote an architectural style that is historically typicalto this . region of Florida. To promote this style, the developer is required to select at least five (5) elements or features from the following list and shall illustratøthe selected elements or features on the required þûHging elevatiöndrawíngs to be submitted with any application for building permit. · Predominantly vertical, rectangular, windows Clear glass windows (88% light transmission or more) · Lightly stained / painted wood in a horizontal pattern · Arbor · Clock tower · Bahama shutters · Square Columns · Porch with picket railing · Arcade / loggia · Cupola · Dormer · Standing seam metal roof · Widow's walk · Lattice detailing · Stone or stamped concrete pavement at project entry, drop-off, or pedestrian crossing (330 s. 1. minimum). · Pedestrian courtyard or plaza (200 s. f. minimum) File No.: CU-01-002\MNSP-01-007 August 21, 2001 Resolution 01-121 Page 4 ........ '" 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 4S · Canopy · Portico / Porte Cochere · Sculpture · Raised cornice parapets over doors . Arches · Display windows · Bell tower . Frieze medallion Examples of these architectural styles are attached as ExhibitB. B. Facade and Roof Designs (1) Prohibited Facade Features and Materials · large, blank, unarticulatedwalls · corrugated metal sidIng · plastic siding, plªstic lamI concrete block/plain concrete walls · irregular, modernistic, VVindow . reflective-glass · imitation rock work\i'êneer . plywood · corru911ted fibergla · square; box-like, b without articulation of windows or facade . (2) Facade Designs F!èqÜiréments for the articulation of facades shall apply to the front and sides of all buildings. ArticuJatløn-"'Facade designs shall provide for varying wall offsets and other architectural features to create horizontal and vertical building articulation. A minimum wall offset of 5 feet is required to achieve horizontal facade articulation. A minimum vertical distance of 2 feet between facade elements is required to achieve vertical articulation. (3) Roof Designs ~ Sloped Roofs -- Roof height shall not exceed the average height of the supporting walls. The average slope shall be greater or equal than 1 foot of vertical rise for every 3 feet of horizontal run, and the average slope shall be less than or equal to I foot of vertical rise for every I foot of horizontal run. Proposed buildings shall incorporate at least two (2) of the following roof elements or features: File No.: CU-01-002\MNSP-01-007 August 21, 2001 Resolution 01-121 Page 5 '-" '" 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 · Eaves that overhang a minimum of 2 feet with a minimum fascia depth of 8". · Three or more roof slope planes per primary facade. · An additional vertical change in roof height (minimum 2 foot change in elevation). · Dormers or other additional roof elements facing primary street frontage. · A porch, portico, arcade, or other similar elementlocated at the main building entrances. Flat Roofs -- Flat roofs/ including thoseotthe.gasoline seNice.canopies, may be used provided all of the following conditions are met: 1 · Peaked or pitched roof elements shall Qover at least 50% of the length of a facade facing t e rimary stt tage. Mansard roofs and/or cornices (min. 1 ¡ght wit . of 3 relief) may be counted toward meeti QLthe r¡;lquired horizontal length. Peaked or pitched roof elents I cover at least 25% of the sides of a building. · Equipment.on roof shall not bøVisible from an elevation that is horizontalfothe locªtion of th¡;lroof equipment. · A porch,portico, aroade, or.other similar element shall be located at the mairientrance¡(s). f ProhibitêâRoofMateríals E/éments . Asphaltšhingles (except laminated, 320 lb., 30 year architectural g de shingles or better). · ard roofs/canopies without roof articulation using faux gables, rmers,etc. · Roofs with less than a 3 / 12 pitch (unless full parapet coverage is uSed). . Back-lit awnings used as a mansard or canopy roof. · Brightly colored glazed tile. . All areas of preseNation/protection shall be appropriately secured and marked to ensure their protection during construction. To the extent permitted under County Codes, these areas shall be eligible for consideration in meeting the minimum landscaping and screening requirements of the County's Land Development Code. . 7. No clearing outside of the development area shown on the project site plan for the Hess - Midway & Selvitz Roads shall not be authorized until final site plans are approved in these areas. File No,: CU-01-002\MNSP-01-007 August 21, 2001 Resolution 01-121 Page 6 1 2 3 E. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 F. 25 26 27 28 29 30 G. 31 32 33 34 35 36 37 38 39 H. 40 41 42 43 44 45 I. 46 47 '-" -...I The property on which this site plan approval is being granted is described in Part B of this Resolution. Overall development site (to be inserted) Area of Phase I development Legal Description: Lots 15 and 16 less the North 944.5 feet and less the West 240.00 feet of said lot 15 and less Right..Of-Ways for Midway and Selvitz Roads. In the Northeast v.. of Section 6, Township 36 South, Range 40 East, of "Model Land Company Subdivi s recordC;1c:finHHplat book 4, page 34 of the public records of St. Lucl Containing 2.176 acres more or less. (Location: Northwest corner of the Intersection of West Midway Road and Selvitz Road) The approvals and autþorization$.grantedDy this Resolution are for the purpose of obtaining building permitS on thi ertyarid shall expire on August 21,2003, unless the dev er has obt d a buil ~rrttit approval for the first phase of the site plan d d in Part an exte n has been granted in accordance with Section 1 .07.05(F)of the .1.t.Jöle County Land Development Code. · · The ConditibnalUse Permit and Major Site Plan approval granted under this Resolution is specificallYCbnditioned to the requirement that the petitioner, MBTB, Inc., including any successors inihterest;shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities orrthe property described in Part B of this Resolution. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use/Site Plan approval. Should the Conditional Use/Site Plan 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. · The conditions set forth in Part D are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section D is determined to be invalid or unenforceable for any reason and the developer declines to comply File No,: GU-01-002\MNSP-01-007 August 21, 2001 Resolution 01-121 Page 7 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 '-' ......, voluntarily with that condition, the Conditional Use/Site Plan approval granted by this resolution shall become null and void. J. A copy of this resolution shall be attached to the site plan drawings described in Part D, which plan shall be placed on file with the S1. Lucie County Community Development Director. Further, the Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of S1. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson xxx Vice-Chairman Doug Coward xxx Commissioner John Bruhn xxx Commissioner Paula Lewis xxx Commissioner Cliff Barnes xxx PASSED AND DULY 4 21S1 Day of August 2001. . BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney DJM 01-121a(h) File No.: GU-01-002\MNSP-01-007 August 21, 2001 Resolution 01-121 Page 8 "'"'-' ...tI FILE NO. CU-01-002 MBTB,INC Ms. Snay stated that Agenda Item # 4 is a petition from METB, INC for a Conditional Use Pennit to allow the construction of a 3, 500 square foot convenience store, with accessory gasoline sales, to be known as Hess/Midway and Selvitz Roads. This facility will be located at the northwest comer of the intersection of west Midway Road and Selvitz Road. Section 3.01.03(Q)(7) Commercial neighborhood zoning district allows establishments with the primary use of a convenience store to sell gasoline as a conditional use. The proposed site is surrounded on the North by ARl zoning to East and West by Commercial neighborhood and Port Ste Lucie RS-2 to the south. As far as the site planning process the developer has been conditioned to dedicate 20 feet of right-of-way adjacent to Midway Road and then 10 feet of right-of-way adjacent to Selvitz Road. The staff recommended that this board forward the petition to the board of county commissioners with a recommendation of approval. t Mr. Hearn stated according to the zoning sheet the only zoning in this area other than the Commercial Neighborhood is the I (institutional) just to the west and the rest is all residential. Mr. Hearn asked how long has the property been commercial neighborhood. Mr. Murphy and Ms. Snay replied, since at least 1990. Mr. Hearn wondered if the conditional use for Gasoline sales as accessory to a food store has come about the last couple years. · The staff responded that he was correct. · Chainnan Matthes asked if the applicant was present. Mr. Boggs of Thomas Lucido and Associates introduced Mr. Brick. He stated that they would be entertaining any questions about landscaping and their development review process. He stated that he was here a few months ago about another Gas station. Just as with the other one, they have done their best to save trees on this one as well. Mr. Lounds asked the staff if there is not a ruling stating that between residential and commercial there should be a barrier. The staff confinned it. · Mr. Hearn declared that he was having some problem with the issue not because it is not a good plan. He believed it could work on this location however he requested that the staff read out loud the verbiage that is in the commercial neighborhood into the record. , Ms. Snay read the following "the purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods." June 21,2001 P & Z Meeting Page 8 '-' ~ Mr. Hearn indicated that it was a big stretch to say that this facility will only service the surrounding neighborhoods. He said that if he owned a property to the south where all the subdivided lots across west Midway Road, he would like to see some more protection from the impact of this development on that particular area. He believed that the property to the north and west are being protected because a lot of that land is undeveloped there His major concern was a 24 hour operation, with a car wash, that will impact the residential use of that neighborhood across the street. He acknowledged the fact that it is a conditional use not a commercial general so they can tell the developer what we have to have to develop there. He raised the point that gasoline station and car wash can have a pretty serious impact on residential use. Mr. Grande stated that he shared Mr. Hearn's hesitation even though he has it for slightly different reason; he explained that he was having a tough time looking at the plan as a convenience store that has gas pumps. He viewed it as a gas station that happen to have a small convenience function in order to make it legal. He would rather judge this application as a gas station rather as a convenience store. As a gas station he wouldn't have a problem with it but was having a tough time going to the board county commissioner and say we presenting you a convenience store that happen to have accessory gas pumps next to it. Mr. Matthes asked Ms. Snay if the mobile station across the street was a conditional use She answered negatively; and stated that was approved under a previous zoning tenninology that allowed it as a permitted use. Mr. Merritt stated his concern about the limited amount of commercial on west Midway Road, from the river west and there were already 3 existing gas stations probably within a mile. He disagreed that this would be the highest best use for the comer. He was not certain there was not enough commercial right now on that comer to service the area and to approve another gas station right next to the other in the same area. . Mr. Boggs stated the primary use was a convenience store. Mr. Grande said that he would feel a lot better about this application if it were a zoning change to a commercial general property that would allow a gas station, as a permitted use. Mr. Merritt replied he was still against the gas station. Mr. Hearn addressed Mr. Brink and asked if this operation would be a similar type operation to the gas station at the comer of US 1 and AlA going to North Beach that opened up in the last year and a half. . Mr. Brink replied yes. Mr. Brink infonned them that the one across the street that they were talking about was a corporate store. This store will be an individual operator. Mr. Hearn asked Mr. Brink if his store would be a 24hour operation. June 21, 2001 P & Z Meeting Page 9 '-" """" Mr. Brink answered that he was not 100% sure at this point whether we will go 24 hour or not. Mr. Hearn stated that would definitely influence his vote with the residential property across the street and nearby. He asked Mr. Brink if he would be willing to do more buffering along west Midway Road. Mr. Brink answered yes but they still need some visibility. Mr. Hearn said he was trying to cut down on the light exposure to the residents and the noise factor. Mr. Boggs added, on the other side, there is a canal that has a pretty good stand of upland on the south that buffers the back of the single family lot and on the south side of Midway they could also provide a buffering for the lights. Mr. Heam asked him if it that was on publicly owned property. Mr. Boggs replied that he believed that it was. Mr. Lounds mentioned to Mr. Heam that there is a drainage ditch that puts a lot of distance between the subject property and the residential homes. Mr. Lounds asked Mr. Boggs how far is the centerline of Midway Rd. to the residential property on the other side of this Regal Circle to the backside of the subject property. Mr. Boggs and Ms. Snay stated it was approximately 120 feet. Mr. Lounds stated when traveling Selvitz Road, it is hard to see that intersection because of the curve on Midway Rd. and with the vegetation growth combined with the distance of the drainage ditch makes a good buffer. Mr. Lounds had more concern for the noise from Midway Rd. then the Mobil or Hess stations. Mr. Brink pointed out that the canopy would be above the pumps on the side of the station not on the front of the station. So the lighting would be on the back off the road. Mr. Jones asked if the Mobil station is a 24-hour operation, to which Ms. Snay responded that it is not but could be if they choose to. Chairman Matthes opened the Public Hearing. Diane Sides from 4911 Selvitz Rd. introduced herself and stated that she lives behind the subject 6-acre property and was concerned with future development with that area. She opposes the station because their home is situated to hear all the noise. Mr. Matthes asked if the area between the property and her home was a wooded area. Ms. Sides answered that it is. Mr. Matthes stated that certain buffer criteria have to be met for any future commercial development on that parcel. . Mr. Matthes affirmed there is going to be a County Commissioners meeting and they always have the final decision. There were no further public comments. Chairman Matthes closed the Public Hearing. June 21, 2001 P & Z Meeting Page 10 '-' ...., Discussion Mr. Lounds stated with things changing it will make it a concern for people in Regal, Rugby and the rest of the area. He said the noise on Midway Road would be even more a concern if he were living along there than it would be of the businesses north of Midway Road. With future growth, something is going to take up that space. He believed that this company has a good reputation for not only maintaining the integrity of their property but also maintaining a fresh atmosphere. He avowed that the landscaping that had been presented to the Board was above and better than what is at the Mobil station on the other comer. Mr. Lounds supports the station. Mr. Grande stated that he could not support the petition at this time because commercial is commercial and he believes this is not a Commercial Neighborhood which serves the entire neighborhood, as opposed to commercial supported by the County as a whole. He would like to see this come back as a zoning change to commercial property classification that will support ;:) gas station on its own or use it for a higher and better commercial use that support the surrounding community. Mr. Hearn stated he doesn't believe that the board is protecting property owners' investment in the community and this might be one of the strong reasons why that many people are reluctant to invest in the community. They don't feel that they have the protection that they need for' investment. For that reason he was not going to be able to support this, reluctantly, because thought it is a good plan but the intensity of the use that's there, he believed it is not compatible with the surrounding neighborhood. I Mr. Akins asked the staff if there were a specific reason why the petition was presented as a commercial neighborhood as opposed to commercial. Ms. Snay explained that the zoning is Commercial Neighborhood and it does allow for convenient stores with gasoline pumps. Mr. Lounds indicated that the area south of that intersection is going to expand and build despite what is on Midway. Mr. Merritt reiterated that he had the same opinion as Mr. Hearn and Mr. Grande. There is very little commercial zoning between the river and the turnpike and that the gas station is in the wrong place. The corner is going to be needed for something else that's probably a higher and better use. Mr. Matthes stated he realizes that Midway Rd. will become one of the major intersections in the County. The area is surrounded to the south by very a large residential area and to the north by areas that are going to change as agriculture changes. He stated that this isn't the appropriate zoning as a conditional us but the same situation exists across the street. He doesn't think that the gas station is going to have half the effect as the widening of the Midway Rd that will happen. He really doesn't see a problem with what's been presented; he just wasn't sure about the approach, going with a conditional use to a Commercial neighborhood but precedent was set across the street. . Mr. Grande asked for clarification of the Mobil station zoning. Ms. Snay responded that the approval was granted as a pennitted use for the Mobil station before the code change. June 21,2001 P & Z Meeting Page 11 '-' ....., Mr. Matthes explained the code change was done so that the board could take a closer look at the use of gas stations and that was the purpose and intent behind making it a conditional use. He continued to say that the site plan is good. In his opinion the comer has plenty of potential but right now it will fit into that location. Whether or not it should be under a conditional use to Commercial neighborhood or whether it should come in as a commercial general and whether or not a zoning change will even stand the test is another question. Seeing no further discussions Mr. Matthes look forward to a motion. Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards of review as set forth in Section 11.07.03, St Lucie County Land Development Code, he hereby moves that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of MBTB, INC for Conditional Use Permit to aUow the construction of a 3,500 square feet convenience store with 9 gasoline pumps and an automatic car wash known as Hess Station in the Commercial Neighborhood zoning district because he feels it is an appropriate use of the property and its adjacent to a similar use and believe the future widening or Midway Road and other things that are going to happen in this area are going to be more bigger impact in this neighborhood than this store. 4 Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed unanimously by a vote of 4-3 to forward to the County Commissioners with a recommendation of approval. . OTHER BUSINESS Mr. Merritt proposed that because of this issue, "two gas station on one intersection". and the board take a look at Palm Beach County code where they restrict at major intersection one gas station. He believed it is a good plan they had and as fast as the county is growing he hate to see a gas station on every corner. He believed should be more control over it. The Chairman asks Ms. Snay if the staff can get a copy of the Palm Beach county code. Mr. Lounds stated that Mr. Grande brought some interesting points the difference between commercial, commercial neighborhood and realizes there is a need to understand a little bit more the differences between the zoning levels. . June 21, 2001 P & Z Meeting Page 12 "'" -..I AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, AUGUST 21,2001 7:00 P.M. MBTB, INC., has petitioned St. Lucie County for a Conditional Use Permit to allow the construction of a 3,500 sq. Ft. convenient store with gasoline sales as an accessory (Hess Station) for the following described property: Location: Northeast corner of the intersection of Midway Road and Selvitz Road. Please note that all proceedings before the Local Planning Agency are electronically recorded. If a person decides to appeal any decision made by the Local Planning Agency with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. 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'-' .....,¡ August 6, 200 I COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that MBTB, INe. has petitioned St. Lucie County for a Conditional Use to allow the construction of a 3,500 sq, ft. convenient store with accessory for gasoline sales (Hess Station) for the following described property: Location: Northwest corner of Midway Road and SelvÏtz Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number CU-OI-002. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS F91¡~~I~ JOHN D, GRUHN, Distrio No, 1 . DOUG COWARD, District No, 2 . PAULA A. LEWIS, District No,;¡ . FRANNIE HUTCHINSON, Disrrlcr No, 4 . CUfF GARNES, Disrrict No 5 Counfy Administrator - Douglas M. Anderson 2300 Virginia Avenue · Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 · Planning: (561) 462-2822 · GISfTechnical Services: (561) 462-1553 Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fox: (561) 462-2132 """" '-' BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR JULIA SHEWCHUK July 10,2001 In accordance with the St. Lucie County Land Development Code, you are hereby advised that that MBTB, INC. has petitioned St. Lucie County for a Conditional Use to allow the construction of a 3,500 sq. ft. convenient store with accessory for gasoline sales (Hess Station) for the following described property: Location: Northeast corner of Midway Road and Selvitz Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possihk,-on Tuesday, August 21, 2001, County Commissioner's Chambers; St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. THIS MEETING IS RESCHEDUŒD FROM JUl.Y 17, 2(}()/. 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such pwpose, he may need to ensure that a verbatim record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462-1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 5611462-1582 if you have any questions, and refer to: File Number CU-Ol-OO2. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~~ JJd¿¿~/&b 4 Frannie Hutchinson, Chairwoman IOHN D, ORUHN. DistriCt No, 1 . DOUG COWARD, D,,"icr No, 2 . PAULA A, LEWIS, District No. J . FRANNIE HUTCHINSON, Districr No 4 . CLIFF OARNES, Dlsrrict No, ~ Counry Adminisrroror - Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce. Fl J4982-5652 AçJminisrrorion:(561)462,1590 . Planning: (561)462-2822 . GISfTechnicol Services: (561) 462-155J Economic Developmenr: (561) 462-1550 . Fox: (561) 462-1581 Tourisr/Convention: (561) 462-1529 . Fox: (561) 462-21.32 '""" "., BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR July 2, 2001 JULIA SHEWCHUK In accordance with the St. Lucie County Land Development Code, you are hereby advised that that MBTB, INC. has petitioned St. Lucie County for a Conditional Use to allow the construction of a 3,500 sq, ft. convenient store with accessory for gasoline sales (Hess Station) for the following described property: Location: Northeast corner of Midway Road and Selvitz Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, July 17, 2001, County Commissioner's Chambers, St. Lucie County Administration Búilding, 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 5611462-1582 if you have any questions, and refer to: File Number CU-0l-002. t Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ...¿;~ ~~ µ Frannie Hutchinson, Chairwoman JOHN D, ßI\UHN, Disrrier No, 1 . DOUG COWAI\D, D,srr,et No, 2 . PAULA A LEWIS, Di,rrie, No, J . FI\ANNIE HUTCHINSON, D",rret No 4 . CLIFF ßAI\NES, D;,,,kt No,S Coumy Administrator - Douglas M_ Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 Administration (561) 462-1590 . Planning: (561) 462-2822 . GISiTechnicol SeNices: (561) 462-1553 Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fax: (561) 462-2132 TO: FROM: DATE: SUBJECT: LOCATION: ZONING DESIGNATION: \.,r 'wi PLANNING AND ZONING COMMISSION REVIEW: 6/21/01 File Number CU-OI-002 and MNSP-OO-007 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT Planning and Zoning Commission Planning Manager fj!i~ June 12, 2001 Application of MBTB, Inc., for a Conditional Use Permit and major site plan to allow the construction of a 3,500 square foot convenience store with 9 gasoline pumps serving 18 vehicle stations and an automatic car wash, to be known as Hess Station - Midway/Selvitz Road in the CN (Commercial, Neighborhood) Zoning District. Northwest comer of the intersection of Midway Road and Selvitz Road. CN (Commercial, Neighborhood) LAND USE DESIGNATION: PARCEL SIZE: PROPOSED USE: COM (Commercial) 6.31 Parent Tract 2.176 Proposed Development 4.134 Vacant Developable Land A 3,500 square foot convenience store with nine gasoline pumps serving 18 vehicular stations and an automatic car wash~ SURROUNDING ZONING: AR-I (Agricultural, Residential - 1 du/acre) to the north; CN (Commercial, Neighborhood) to the east and west; and City of Port St. Lucie RS-2 (Single Family Residential Development) to the south. . SURROUNDING LAND USES: FIREÆMS PROTECTION: RS (Residential Suburban) to the north and northeast; COM (Commercial) to the east and west; and. RL (Residential Low) to the south. Station #6 (350 E. Midway Road) is located approximately four miles to the east. '-" .., June 12,2001 Page 2 Petition: Hess Station - Midway/Selvitz Road File No.: CD-OI-002 and MNSP-OI-007 UTrLITY SERVICE: Fort Pierce Utility Authority (FPUA) will provide water and sewer services to this site, TRANSPORTATrON IMPACTS RIGHT-OF-WAY ADEQUACY: See Comments 4 SCHEDULED IMPROVEMENTS: See Comments TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity. ********************** This petition is for a combination of Conditional Use Permit and Site Plan Approval. As such, it is required to satisfy both the standards of review found in Section 11.07.03 and Section 11.02.09 {)f the County's Land Development Code. 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 and minor site plan, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed conditional use is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed conditional use has been determined to not be in conflict with any applicable provision of the St. Lucie County Land Development Code. Section 3.01.03(Q)(7), CN (Coínmercial, Neighborhood) Zoning District, allows establishments with the primary use of a convenience store to sell gasoline as a conditional use. As noted in the comments below, the proposed site development plan that accompanies this request for a conditional use permit has been determined to meet the minimum standards of the Land Development Code. . 2. Whether and the extent to which the proposed conditional use would have an adverse impact on nearby properties; The proposed conditional use is not expected to adversely impact the surrounding properties. The proposed site is located within an area zoned for neighborhood commercial businesses. To the east of the subject site is an existing convenience store with accessory gasoline sales (the Mobile Station at Midway/Selvitz Road). To the south of the subject site are single-family residential properties. The applicant through, the site design process, has attempted to mitigate any negative effects to these residential properties. The proposed nine gasoline pumps will be located along the western (6 stations) and northern (3 stations) property line and surround the site. Negative impacts to the '-' 'wi June 12,2001 Page 3 Petition: Hess Station - Midway/Selvitz Road File No.: CD-OI-002 and MNSP-OI-007 residential properties will be minimized by the construction of the proposed convenience store and through the installation of landscaping. The properties located to the south and northeast of the subject property were developed as single- family uses. The property directly to the east is the existing Mobile Convenience Store with gasoline sales, The western corridor extending from the intersection of Midway Road and 25th Street is currently under transition with intensive institutional uses. The proposed use is consistent with these uses and will not have an undue negative effect on the surrounding properties.. 4 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, including roads, police protection, solid waste disposal, water, sewer, drainage structures, parks, and mass transit; This conditional use is not expected to create significant additional demands on any public facilities in this area. Fort Pierce Utility Authority will be providing water and sewer services to the subject parcel. Midway Road, a county roadway, has been detennined to currently operate at a Level of Service Standard of F, immediately adjacent to the project site. The applicant, based upon the proposed square footage, is not required to submit a traffic impact analysis for the project. The right-of-way width for the Midway Road is currently 80 feet in this area. This roadway facility will eventually be widened along its entire length. In order to accommodate the future widening of the Midway Road facility a condition of approval for this site plan will be the dedication of20 feet of right-of-way along the southern property line adjacent to Midway Road, the entire length of the proposed project boundaries. In addition, the right-of-way width for Selvitz Road is currently I IO feet. In order to accommodate future widening of Selvitz Road, a condition of approval for this site plan will be the dedication of IO feet of road frontage for Selviz Road, the entire length of the project boundary. In addition, a condition of approval will be a corner clip adjacent to the intersection of Midway Road and Selvitz Road. With these improvements, the subject parcel will not negatively impact the existing roadway facility. The applicant has submitted a letter from the Ft. Pierce Utility Authority stating that sufficient capacity is available to meet the demands of the proposed project. The proposed commercial project will not impact any other public services provided by the County for this area. 4 4. Whether and the extent to which the proposed conditional use would result in significant adverse impacts on the natural environment; The proposed conditional use is not anticipated to create significant adverse impacts on the natural environment. The developer has proposed to minimize any adverse impacts on the natural environment through the preservation of native vegetation along the northeastern property line as well as a number of signifcant oak trees found on the site. The project site will be landscaped along the northern, eastern and southern property boundaries to buffer the surrounding area. ~ ""'" June 12,2001 Page 4 Petition: Hess Station - Midway/Selvitz Road File No.: CD-OI-002 and MNSP-OI-007 ******************** STANDARDS FOR DEVELOPMENT/SITE PLAN REVIEW In addition to the minimum standards of review and project development set out in Section 7.00.00, Section 11.02,07, of the SI. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Minor Site Plan approval, utilizing these requirements and notes the following: 4 1. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed Hess Station - Midway/Selvitz Road is consistent with the general purpose, goals. objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additionalstandards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed Hess Station - Midway/Selvitz Road is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County. 2. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse affect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed Hess - Midway/Selvitz Road has been determined not to have an undue adverse effect upon nearby properties. The proposed project abuts an existing Mobil Convenience Store with gasoline sales to the east. The Midway Road Corridor is currently undergoing a transition from residentially oriented uses to more institutionally and industrially oriented uses. The developer has utilized the placement of the convenience store to provide a buffer from the use and the residential properties to the south and east. This segment of the Midway Road has a right-of-way width of 80 feet. The proposed expansion and realignment of this roadway facility will require right-of-way dedications for Midway Road and Selvitz Road. The Midway Road roadway facility operates at a Level-of- Service F west of Selvitz Road and west of 25'" Street South and a level-of-Service C east of 1-95. The proposed development is sub-threshold for requiring the submittal of a Traffic Impact Analysis Report. The applicant did supply a Traffic Impact Statement, which states that the proposed trips generated from the facility will be les than 2% of the current LOS Capacity and therefore, meets the requirements of the St. Lucie Land Development Code, which results in no impact on the existing roadway facility. ..... ~ June 12,2001 Page 5 Petition: Hess Station - Midway/Selvitz Road File No.: CU-01-002 and MNSP-01-007 2, All reasonable steps have been taken to minimize any adverse effect olthe proposed building or use on the immediate vicinity through building design. site design, landscaping and screening, The developer has designed this project in a manner that will buffer thc commercial properties to the north and east through the existing vegetation patterns and supplcmentallandscaping materials along the eastern propcrty line. The applicant is proposing a shared access drive from the subject property to the remaining property to the north. A condition of approval for this site plan will be that the applicant, submit a cross access agreement for review and approval by the Community Development Director for the shared driveway from West Midway Road. Additionally, the applicant has oriented the building and landscaping in a manner that provides a barrier from the proposed facility with the residential properties to the south. . 3. The proposed building or use will be constructed. arranged. and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. Access to the parent parcel will be via one right-in/right-out driveway connection onto Selvitz Road and a full access option driveway connection on Midway Road. The design of the proposed project has been detennined not to interfere with the development or use of the neighboring properties. The property to the north, east and west are developed as commercial uses. To the south and northeast are residentially zoned properties. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V. Adequate Public Facilities. The subject property will receive water and sanitary sewer services through the Fort Pierce Utility Authority. D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confmnation that the proposed site plan conceptually meets the minimum access and water supply requirements for fIre protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities The applicant is proposing a commercial use that will not impact school facilities. '-" '-' June 12,2001 Page 6 Petition: Hess Station - Midway/Selvitz Road File No.: CU-Ol-002 and MNSP-01-007 F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section IJ.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Hom and Associates, Inc. (August 1982). The subject property is less than 10 acres in size, therefore, it does not trigger the thresholds for submitting an environmental impact report. The developer is proposing to preserve an area of the existing native vegetation found on site. The areas proposed for preservation will be located along the northeast property line adjacent to Selvitz Road. These native vegetative buffers will provide visual buffering for the surrounding area to the north and east of the project. In addition, the project site has a number of large oak trees located on the site that are being proposed for preservation on the site. COMMENTS The petitioner. MBTB, Inc., is seeking approval for a conditional use permit in order to construct and operate a 3,500 square foot convenience store with nine gasoline pumps, serving 18 vehicle stations and an automatic car wash facility for property located at the northwest comer of the intersection of Midway Road and Selvitz Road in the CN (Commercial, Neighborhood) Zoning District. The project will be known as Hess Station - Midway/Selvitz Road. Retail businesses providing gasoline sales are permitted as conditional uses in the CN (Commercial, Neighborhood) Zoning District upon approval of the Board of County Commissioners. Staff finds that this petition meets the standards of review as set forth in Section 11.07.03 of the 5t. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval subject to the following condition: 1. Consistent with other development approvals granted along West Midway Road, prior to, the developers shall be required to convey to St. Lucie County, in manner and fonn acceptable to the St.Lucie County Attorney, 20 foot of additional right-of-way along the site plan's southern property line for the future widening of West Midway Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. t 2. Consistent with other development approvals granted along Selvitz Road, the developers shall be required to convey to St. Lucie County, in manner and form acceptable to the St. Lucie County Attorney, 10 feet of additional right-of-way along the site plan's eastern property line for the future widening of Selvitz Road. To the extent permitted under the County's Code and Compiled Laws, any such dedication may be considered eligible for Road Impact Fee Credits. 3. Prior to the issuance of a Certificate of Occupancy the developer of this project shall provide a dedicated corner clip, at the intersection of West Midway Road and Selvitz Road. ~ ""-'I June 12,2001 Page 7 Petition: Hess Station - Midway/Selvitz Road File No.: CU-Ol-002 and MNSP-01-007 4, Prior to the issuance of a Certificate of Occupancy, the developer shall submit for review and approval a cross- access agreement for the proposed shared access driveway from West Midway Road. Please contact this office if you have any questions on this matter. Attachment cs ee: Sam Brink, MBTB, [ne, Stuart Kalmanowitz. Property Owner Greg Boggs. Thomas Lucido & Associates File '-" ...." Suggested motion to recommend approvaVdenial of this requested conditional use. MOTION TO APPROVE: AtlER 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 PLANNING AND ZONING COMMISSION RECOMMEND THA T THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPRO V AL TO THE , APPLICATION OF MBTB, INC, FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 3,500 SQUARE FOOT CONVENINECE STORE WITH NINE GASOLINE PUMPS AND AN AUTOMATIC CAR WASH FACILITY IN THE CN (COMMERCIAL, NEIGHBORHOOD) 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 PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF MBTB, INC., FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 3,500 SQUARE FOOT CONVENINECE STORE WITH NINE GASOLINE PUMPS AND AN AUTOMATIC CAR WASH FACILITY IN THE CN (COMMERCIAL, NEIGHBORHOOD) ZONING DISTRICT, BECAUSE... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] '-' -....I Section 3.01.03 Zoning District Use Regulations '"' ( Q, CN COMMERCIAL, NEIGHBORHOOD 1, Purpose The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01,02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code, 2, Permitted Uses . a, Beauty and barber services. (723/724) b. Civic, social and fraternal associations (6641) c, Depository institutions (60) d. Laundering and drycleaning (self-service). (7215) e. Real estate (65) f. Repair services: (1 ) Electrical repair. (762) (2) Shoe repairs (725) (3) Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (1 ) Antiques (5932) (2) Apparel and accessories. (56) (3) Books and stationery. (5942/5943) (4) Cameras and photographic supplies. (5946) (5) Drugs and proprietary. (5912) (6) Eating places (5612) (7) Florists. (5992) (8) Food stores (54) (9) Gifts, novelties, and souvenirs. (5947) (10) Hobby, toy and game shops (5945) (11) Household appliances (572) (12) Jewelry. (59«) (13) Newspapers and magazines. (5994) (14) Optical goods. (5995) (15) Nurseries, lawn and garden supplies. (526) (16) Radios, TV's, consumer electronics and music supplies (573) (17) Sporting goods and bicycles. (5941) (18) Tobacco products. (5993) h, Video tape rental (764) 3, Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04,00, Adopted August 1.1990 114 Revised Through 08101/00 ....... """ Section 3.01,03 Zoning District Use Regulations 5. Off-street Parking and Loading Requirements ( Off-street parking and loading requirements are subject to Section 7.06.00, 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Car Washes (Self Service Only) - subject to the provisions of Section 7.10.22. (999) b. Day care - adult (8322) - child (8351) c. Postal services. (4311) d. Retail trade: (1) Gasoline services - accessory to retail food stores under SIC-5411. (999) (2) Undistilled alcoholic beverages accessory to retail sale of food. (5921 _ Excep' far Nquor) e. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. b. Drinking places (un distilled alcoholic beverages) accessory to an eating place. (999) One dwelling unit contained within the commercial building, for on-site security purposes. (999) ( Adopted August 1. 1990 115 Revised Through 08101/00 '-" ..., ~ z ,¡ i Ü C\J ) . Y 0 c 0 r õ I :;¡ w .; t r- ~ · u CO 1 . 0 u ~ ,. rJJ ~ i '~& · I · CO · ~ . :J 0 2 () ~ 0 (. ~ ~ · , , ~ " u . c~ ê" Ii! ~ z => 0 Ü 0101:1.......5 a: . UJ > );. ! ....'" ëë ¡. w w. :¡ .' ~: ~ ! 0: r is -~'Q~iQ-J3NS Z « 0 Þl·J 1M> ~ . " w .. .. 0: ~ Z => o ü fh'OI 3M' Dft'H "- -"'"" "- " " r-(iY( ;-~i-·'-~~ I', __--1 " , '., w z ¡::: a: « :¡: :¡ 0: d-J '»> " l'fNVJ w . , ~~ W h 0 I .. . h 0 ~C~' .. 0: ,/ S t' L S ~. A.LNn08 3380H833>10 \ ~ ........ I.J A Petition of MBTB, Inc., Mr. Sam Brink, for a Conditional Use Permit and Minor Site Plan to allow the construction of a 3,500 square foot convenience store with gasoline facility and an automatic car wash. I I I ¡ I I I Favorite Road "D ®® 0 0 0:: N -+-' IJ 14 15 16 > (]) 9,06 Ac en West Midway Rood Conal No. 103 -,", . "" ", '. . . . . . ::: .~.: : : ~ - '. : -5'..: : : .:~: . " . : . '. . . . ':-.;". .; ".; ~ :'~.!\~'. ~ JS. CU 01-002 V / / /1 This pattern indicates subject parcel r: <: :.::;' :'::,' :1 This pattern indicates City of Port S1. Lucie ®@ N, S. L. R. 0, O. "D o o 0:: > (]) en . .' Q) :<;.:- 6 . " ..' -.J ".; ~~~~t Map prepared June 6. 2001 I TNs map has been ~ for~pjanning ~ ¡eØtIOQ8 pwposes 0t'Itf NT Whh -v efbt hu bMn INd8 lEI prcMH ". I'TIOIt CUlJent a'1d illCCU8te ] ¡ nIorm8Iloop;lUi;Jlø.'.no(~torUIIU.9IYbi"dirogcloc:l.rner(. ~ "'""" Land Use I MBTB, Inc. I I I ¡ I I Favorite Rood ...., "D ~® 0 RS 0 Q::: N -+-' RS /J /4 15 16 > Q) (J) West Midway Conal No. 103 · . -, · . .. -, . · '., .,' .' -.- CU 01-002 V / / /1 This pattern indicates subject parcel r <: <: <: ~I This pattern indicates City of Port S1. Lucie @@ COM N. S, L. R. 0, O. "D o o Q::: N -+-' > Q) (J) 5Þr4~~~ t GIS, .=;,.~'_~ ~~ "~I 'f#'O'+~, "'- _ 'c Map prepared June 6, 2001 j ~~~~~ma:~~~=:r~~crty Ì\T nIotmation poaible,~is notintendød Jot... a _ ~ bino:Jing document ..l ~ "-' Zoning I ¡ MBTB, Inc. I L Ii I I Favorite Road ...., :AR-1 "D ~® 0 0 I Q:: N +-' IJ 14 15 16 > Q) (f) C West Midway Conal No, 103 .' '. '. "34 . , ( J ,.", N , . ' +-' CU 01-002 V / / /1 This pattern indicates subject parcel r:. <': <~ <~ ~I This pattern indicates City of Port S1. Lucie ®© CN N. S, L. R. D. D. "D o o 0::: . , > Q) (f) .' QJ ,..., c . .... 0 , " :' -! ~.t-,,~~t, GJ~% .:-;~~ ,'., ~ Map prepared June 6, 2001 I TNt mep has ~ compied Iotgeneoralplwloing III1d ,.....u JMPQ-~. N ~ WIllY ellanl'lu been mIdIt 10 ~ '- nÐtICUT....and..::<uac. ! ; i"tIormalion pos.síble.iliI noI:nlancfed IofUM as alllQaÞr bi'dng doc:u""...-.t. _ '-' ""'" MBTB, Inc. CU 01-002 V / / ./1 This pattern indicates subject parcel r :. :': ~.::: ~.: :': :1 This pattern indicates City of Port St. Lucie ~~;:;~~ t On mac has boon corrøiIOO IQf QCOOfalplamirog af\(j releroooo 1JlIp0se3 00""'. N While -W Inoóhu bwn ffiiIdv tQ proYiOe 1t1e InO$1C1.1f1.....W'd acx:uue inIooTnAtbn po$SibIu, iI: ill roIlnU!rdOO lor UIIU .. I 1u<;¡8~ binding docunenI "" ~ " MBTB, Inc. I I I ¡ I I: Favorite Rood ___nm_u 500' boundary . . ~ . ~ ~ . .' .' - '. -, - .. .. .. . . ,. : ",: '-.: ",: ' .- ... . CU 01-002 V / / ./':l This pattern indicates subject parcel F- :.<,' :.::- :.': :1 This pattern indicates City of Port 81. Lucie ~i 5FÞ~~,..k f C¡~~ -=-=~~ :' I Map prepared June 6, 2001 Thi$maphastoeun~lufgørM"alplilmlngMd'*-'œ~OI¥f .- ......,...... Þ'e<y etIodI\M ~ nwde to provIdoIlhe mocICUI'f«tl.and aocur.. .\! inIom'I8hon pouè¡Ie. I ill r'W.'II:rl¥lded Icit~... legally ~ ~ v To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: y )iii Agenda Request Item Number Date: 5 -í<. August 21,2001 ~ Consent Regular Public Hearing Leg. [ ] [ [ ] [ X ] Quasi-JD [ X ] Board of County Commissioners Community Development f Consider Draft Resolution 01-125 which would grant the petition Petition of Pelican Pointe East Land Trust, for a Change in Zoning from the PUD (Planned Unit Develo ent- Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. · Pelican Pointe East land Trust, has requested a change in zoning for 7.37 acre parcel of land located on the east side of South SR A-1-A, south/southeast of the South Hutchinson Island Wastewater Treatment and Water Reclamation Facility and directly south of the Ocean Bay Preserve/ recreation parcel on South Hutchinson Island. The stated purpose of this change in zoning is to allow for the development of this property in a residential nature, but not as a planned Unit development. On August 20,1996, the Board Of County Commissioners approved Resolution 96-180 that granted preliminary and final PUD approvals to the Pelican Pointe - PUD, and changed the zoning on this property from HIRD to PUD. The Pelican Pointe - PUD was to be a 45 lot, single-family subdivision. At the time of this approval, the Pelican Pointe project included the lands on both the east and the west side of South A-1-A. The site plan approvals granted under Resolution 96-180, expired on August 20, 1998, due to the failure of the petitioners, or their successors, to have obtained final plat recordings for this development. Since the time, the east and west portions of the property have been divided. The western portion of the parcel was reclassified to the HIRD zoning district on October 19, 1999 through Resolution 99-192. The western portion has received site plan approval for a nine (9) lot residential subdivision. · . · Until either a new PUD or a change in zoning is obtained on the petitioned parcel, no new development plans may be authorized on this site. If the requested change in zoning is approved, the parcel would be subject to the standards and requirements of Section 3.01.03(AA) of the St. Lucie County Land Development Code. The petitioned parcel is located in Building Height Zone B (35 feet). N/A At the June 21, 2001, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0, with one member (Mr. Trias) absent, recommended approval for the requested change in zoning. Staff recommends the approval of Draft Resolution 01-125, 4 COMMISSION ACTION: W APPROVED 0 DENIED D OTHER 5-0 ~ Douglas M, Anderson County Administrator County Attorney Originating Dept.: Finance: Coordinationl Signatures Mgt, & Budget: Other: Purchasing: Other: (AGEND586) '-' ....., Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Draft Resolution 01-125 which would grant the petition Petition of Pelican Pointe East land Trust, for a Change in Zoning from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. (File No,: RZ- 01-011) Pelican Pointe East Land Trust, has requested a change in zoning for 7.37 acre parcel of land located on the east side of South SR A-1-A, south/southeast of the South Hutchinson Island Wastewater Treatment and Water Reclamation Facility and directly south of the Ocean Bay Preserve/ recreation parcel on South Hutchinson Island. The stated purpose of this change in zoning is to allow for the development of this property in a residential nature, but not as a planned Unit development. On August 20, 1996, the Board Of County Commissioners approved Resolution 96-180 that granted preliminary and final PUD approvals to the Pelican Pointe - PUD, and changed the zoning on this property from HIRD to PUD. The Pelican Pointe - PUD was to be a 45 lot, single- family subdivision. At the time of this approval, the Pelican Pointe project included the lands on both the east and the west side of South A-1-A. The site plan approvals granted under Resolution 96-180, expired on August 20, 1998, due to the failure of the petitioners, or their successors, to have obtained final plat recordings for this development. Since the time, the east and west portions of the property have been divided. The western portion of the parcel was reclassified to the HIRD zoning district on October 19, 1999 through Resolution 99-192. The western portion has received site plan approval for a nine (9) lot residential subdivision. Until either a new PUD or a change in zoning is obtained on the petitioned parcel, no new development plans may be authorized on this site. If the requested change in zoning is approved, the parcel would be subject to the standards and requirements of Section 3.01.03(AA} of the St. Lucie County Land Development Code. The petitioned parcel is located in Building Height Zone B (35 feet). At the June 21, 2001, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0, with one member (Mr. Trias) absent, recommended approval for the requested change in zoning. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. ~ '" August 14, 2001 Page 2 Subject: Pelican Pointe East Land TrusV Res. 01-125 Attached is a copy of Draft Resolution 01-125, which, if approved, would grant a change in zoning from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. Staff recommends the approval of Draft Resolution 01-125. SUBMITTED: . ent Director DJMI pelicanpointeast(h) cc: County Administrator County Attorney Peter van Rens 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 ........ .....,¡ RESOLUTION 01-125 FILE NO.: RZ-01-011 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE PUD (PLANNED UNIT DEVELOPMENT - PELICAN POINTE) ZONING DISTRICT TO THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida,based on the testimony and evidence presented, including but not limited to the staff report, has made the following determinations: . 1. Pelican Pointe East Land Trust. presented a petition forachange in zoning from the PUD (Planned Unit Development - Pelican PointeYZoning District to the HIRD (Hutchinson Island ResidentialDistrict) Zoning Di§trictforthe property described below. 2. On June 21,2001, the S1. Lucie County Planning and Zoning Commission held a public hearing on the p~tition, afterpublishing 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 recommendèdthat the Board of County Commissioners approve a changeinzoning from thePUD (Planned Unit Development - Pelican PointeYZoning Dtstrictto.the HIRD (Hutchinson Island Residential District) Zoning District for the property described in Part A below. 3. On August21 ,2001, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of propértywithin 500 feet of the subject property. 4. The proposed change in zoning has satisfied the requirements of Section 11.06.03 of the S1. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the Sf. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. File No,: RZ-01-011 August21,2001 Resolution 01-125 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 '"" '" NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of 8t. Lucie County, Florida: A. The proposed change in the Zoning District Classification from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for that property described as follows: BEING A TRACT OF LAND LYING IN SECTION 22, TOWNSHIP 36 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA; BOUNDED ON THE SOUTH BY A LINE PARALLEL WITH AND 5,757.86 FEET NORTHERLY (MEASURED AT RIGHT ANGLES) FROM THESOUTHLlNE OF SECTION 27, OF SAID TOWNSHIP AND RANGE; ON THE NORTH BY A LINE PARALLEL WITH AND 6,323.74 FEET NORTHERLY (MEASURED AT RIGHT ANGLES) FROM THE SOUTH LINE OF SAID SECTION 27; ON THE WEST BYTHE EAST RIGHT-OF-WAY LINE OF STATE ROADA-1~A;AND, ON THE EAST BYTHE WATERS OF THE ATLANTIC OCEAN. (Tax ID#: 3522-342-DO02-000n) (Location: East side of South SR A-1-A,$Ooth/soothøastof the South Hutchinson Island Wastewater Treatment and Water Reclamation Facility and directly south of the Ocean Bay Preservel recreation parcel on South Hutchinson ISland,) owned by Pelican PointeEast LandTrust, is hereby approved. B. The St. Lucie County Community Development Director is hereby authorized anddirected to causethe changetoþèl'l1áde on the Official Zoning Map of 8t. LucieCounty, Florida, and to makenotátion of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairwoman Frannie Hutchinson xxx Vice-Chairmán Doug Coward xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx Commissioner Cliff Barnes xxx File No.: RZ-01-011 August 21, 2001 Resolution 01-125 Page 2 '-" ...,., n^~~l::n ^~'n "'II V AnnnTl::'n Ti.-..:.... 1")........... r\_.. -.Ç. ^........._.&. nr""\-4 .~ -'>wi August 6, 200 I COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that Pelican Pointe East Land Trust has petitioned St. Lucie County for a Change in Zoning from the POO (Planned Unit Development-Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: Location: East side of South SR A-I-A, approximately 1000 feet south of the South Hutchinson Island Wastewater Treatment Facility and directly south of the Ocean Bay parceL THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST t The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Floritkz. 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners ort any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number RZ-OI-Oll. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS Vt~è ffiJdc-Ù~k- / ~ Frannie Hutchinson, Chairwoman JOHN D, GRUHN, DIStrict No, 1 . DOUG COWARD, DisHicr No 2 . PAULA A, LEWIS, District No, J . FRANNIE HUTCHINSON, Disrrict No, 4 . CUFF GARNES, DiStricl No ' Counry Adminisnoror - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical Services: (561) 462-155J Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 · Fax: (561) 462-2132 "" ~ BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR JULIA SHEWCHUK July 10,2001 In accordance with the St. Lucie County Land Development Code, you are hereby advised that Pelican Pointe East Land Trust has petitioned St. Lucie County for a Change in Zoning from the PUD (Planned Unit Development-Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: (Location: East side of South SR A-I-A, approximately 900 feet south of the South Hutchinson Islnnd Wastewater Treatment Facilily and directly south of the Ocean Bay parceL THE PROPERTY'S LEGAL DESCRIY-fION IS AVAILABLE UPON REQUEST The sëcond public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, August 21, 20;n, County Commissioner's Chambers, St. Lucie County Administration' Building, 2300 Virginia Avenue, Fort Pierce, Fwrida. THIS MEE11NG IS RESCHEDUf.ED FROM JULY 17, 2()( J~ All interested persons will be given an opportunity to be heard at that time. Written comments reœived in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. 4 County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose. he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in, Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary. a public hearing may be continued to a clate-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 (561) 462-1777 or T.D.D. (561) 462-1428. If you no longer own property adjacent to the above-described parcel. please fOlWard this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: HIe Number RZ-Ol-Oll. Sincerely. ST. LUCIE COUNTY BOARD OF COMMISSIONERS Frannie Hutchinson, Chairwoman JOHN D. ßIiUHN, D'""cr No 1 . DOUG COWAIiD, DiStriCT No, 2 . PAULA A. LEWIS, District No, J . FliANNiE HUTCHINSON, DistriCT No, 4 . CLiff DAIiNES, Districr No 5 County Admirlisrrator - Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce, FL J4982-5652 Administrarion: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnicol Services: (561) 462-155J Economic Developmenr: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fox: (561) 462-21.32 ¥ 'rJ July 2, 2001 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS JULIA SHEWCHUK In accordance with the St. Lucie County Land Development Code, you are hereby advised that Pelican Pointe East Land Trust has petitioned St. Lucie County for a Change in Zoning from the PUD (Planned Unit Development-Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: (Location: East side of South SR A-I-A, approximately 900 feet south of the South Hutchinson Island Wastewater Treatment Facility and directly south of the Ocean Bay parcel. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, July 17, 2001, County Commissioner's Chambers, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florido.. 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. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. . County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commissioners are electronically recorded. If a person decides to appeal any decision made by the County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (561) 462- 1777 or T.D.D. (561) 462-1428, If you no longer own property adjacent to the above-described parcel. please forward this notice to the new owner. Please call 561/462-1582 if you have any questions, and refer to: File Number RZ-OI-Oll. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~~~Jh Frannie Hutchinson, rhairwoman , , , , JOHN D. GRUHN. Dlslrrct No.1· DOUG CÖ~Àl1.D,·Dlsrflct No.2· PAULA Ä. lEWIS, DISHIer No. J .. FRANNIE HUTCHINSON. Disrncr No.4. CUFF OARNE5. Disrricr-No 5 (ouflfy AdministraTor· Douglas M. Anderson 2.300 Virginia Avenue . Fort Pierce. FL 34982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical Services (561) 462-155J Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fox: (561) 462-21.32 """ ....,I AGENDA ITEM 3: FILE NO. RZ-OI-Oll Pelican Pointe East Land Trust Mr. Flores stated that the Agenda Item #3 is the application for a change in zoning from a PUD (Planned Unit Development) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. The subject property located on the east side of State Road A-I-A, southeast of the South Hutchinson Island Wastewater Treatment Facility and directly south of the Ocean Bay Recreation parcel. Surrounding zoning is HIRD to the south and the west; Institutional to the immediate north with Utilities to the Northwest. The general existing use surrounding the property is vacant. The water treatment and reclamation facility is located northwest of the subject property on the west side of State Road A-I-A. The staff has reviewed this petition and determined it to conform to the standards of review as set forth in land development code and is not in conflict with the comprehensive plan. The staff recommended that the Planning & Zoning Commission forward this petition to the Board of County Commissioners with a recommendation of approval. f Mr. Grande indicated that, the drawings he had in his packet are somewhat different because they show the entire PUD on the east side, he wondered if the southern part of the prop~rty goes ocean to river. 4 Mr. Flores stated that the subject of the petition tonight was only the northern piece, 7 acres; the part under the PUD was not in the petition. Mr. Grande asked Mr. Flores if the piece that is not part of tonight petition unit was part of the same parcel. Mr. Flores answered no. Mr. Grande asked if the piece to the South of the subject property would still be POO, yes Mr. Flores answered. . Mr. Hearn asked the staff if the PUD for the parcel that is requesting the rezoning has expired and if the petitioner wanted a new PUD, could he get it. Mr. Flores answered yes, but he would still have to go through the rezoning process. Mr. Lounds asked if the POO for the parcel south has also expired. Mr. Flores said yes that the PUD has expired for both parcels but they are under different ownership and the owner of the subject property is seeking HIRD zoning. Chairman Matthes asked if the applicant was present. Peter Van Rens of Kimley Horn and Associates introduced himself as the representative of the petitioner. Mr. Van Rens stated that HIRD Zoning is consistent with the area and most satisfies their needs. . Mr. Grande asked if the applicant had any feeling at this point as to the number of units he could put on the site because he believed the land use is five per acre. Mr. Van Rens stated the land use in the area is nine per acre. Mr. Grande asked if it would be up to sixty units. June 21, 2001 P & Z Meeting Page 6 '-' '" Mr. Van Rens answered that sixty would be right but they were looking to build large units. Mr. Grande asked if it would exceed 7 or 8 units. Mr. Van Rens responded that they were still in designing stage, but they wouldn't exceed 9. Mr. Grande informed Mr. Van Rens that the number of unit is neither negative nor positive from the review. He wanted to satisfy himself that the applicant understood the HIRD zoning and the expenses involve with the alternative development fees. He continued while asking the staff or the attorney to correct him that the applicant would have to pay $13,600 per unit in alternative development fees for each additional unit if he exceeded 7 units. To finish Mr. Grande suggested that he gets a copy of the HIRD from the staff to make sure that whom ever is looking to develop understands the constraints. Chairman Matthes opened the Public Hearing. Chairman Matthes closed the Public Hearing hearing no comments in favor or against this petition. Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Pelican Pointe East Land Trust for a Change in Zoning from the PUD Zoning District to the IllRD Zoning District. He explained that he felt that it was a change in the right direction for residential property on South Hutchinson Island Motion seconded by Mr. Grande. Upon a roll call vote the motion passed 7-0 with recommendation to forward to the County Commissioners for approval. OTHER DISCUSSION Mr. Grande indicated that on the second page of the utility service it says that water and sewer will be provided by St. Lucie County utilities. St. Lucie provides only sewer for this area. June 21,2001 P & Z Meeting Page 7 '-' ....,¡ PLANNING AND ZONING COMMISSION REVIEW: 06/21/01 File Number RZ-0l-Ol1 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager DATE: June 13,2001 (Revised June 21, 2001) SUBJECT: Application of Pelican Pointe East Land Trust, for a Change in Zoning from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. LOCA TION: East side of South SR A-I-A, åpp'VA~1Uatd, 1,000 feet scutl, oftltc. Scutl. lIutc1.ihson Islånd W åStG \1\1 atLr T,Gåtll,Gut ï "c;jl~t)' åud dirGctI)' south of t!.G O"""u DIl)' PA,C,,1. south/southeast of the South Hutchinson Island Wastewater Treatment and Water Reclamation Facility and directly south of the Ocean Bay Preserve/ recreation parcel on South Hutchinson Island. EXISTING ZONING: PUD (Planned Unit Development - Pelican Pointe) PROPOSED ZONING: HIRD (Hutchinson Island Residential District) FUTURE LAND USE: RU (R,,~~J"'lt~al U,båu) RM (Residential Medium) PARCEL SIZE: 7.37 acres PROPOSED USE: Residential Development PERMITTED USES: Attachment "A" - Section 3.01.03(AA) HIRD (Hutchinson Island Residential District) - contains the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process. Any use designated as a "Conditional Use" is required to undergo further review and ~ is for addition! correction from memo dated June 13, 2001 Sh;k.. Tl"v"'~1 is for deletion! correction from memo dated June 13,2001 '-' June 11, 2001 Page 2 SURROUNDING ZONING: SURROUNDING LAND USES: FIREIEMS PROTECTION: UTILITY SERVICE: TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: '" Petition: Pelican Pointe East Land Trust File No: 01-011 approvals. Any use not found within the zoning district regulations are designated as prohibited uses for that district. HIRD (Hutchinson Island Residential District) to the north and south. I (Institutional) Zoning to the immediate north. U (Utili tv) to the northwest. The general existing use of the surrounding the property is vacant and residential. The South Hutchinson Island Water Reclamation Facility is located immediately northwest of the subject property on the west side of South SR A-I-A. The Future Land Use Classification of the surround~ng area is RM (Residential Medium) on the east side of South SR A-I"A andRU (Residential Urban) on the west side of South SR A-I-A. Station #8 (7583 South SRA-I-A), is located approximatelyt 1/4 mile to the north. Water and ~(.W"l service is to be provided by St. Luck County Utilitics the Ft. Pierce Utilities Authority. Sewer service is to be orovided bv St. Lucie County Utilities The existing right-of-way for South SR A-I-A is 100 feet. None. Certificate of Capacity ************************ Underline is for additionl correction from memo dated JUrle 13,2001 Sl.;l...... 1'1""""61. is fOf deletion! correction from memo dared June 13,2001 '- 'wi June 11,2001 Page 3 Petition: Pelican Pointe East Land Trust File No: 01-011 STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE 4 In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed zoning district is consistent with the St. Lucie County Land Development Code. 2. Whether the proposed amendment is consistent with all elements_ of the St. Lucie County Comprehensive Plan; The proposed change in zoning is consistent with all elements of the St. Lucie County Comprehensive Plan. The Zoning District is compatible with the RU (RGsidGhtial VI ball) RM (Residential Medium) Future Land Use Designation, which allows for residential uses up to 5 du/aerc 9 dulac indtlding stlbdi ~ is;o,,~. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; TIll- 1'lopos.:.d LU";",!; is COl1b;bk"t W itl. Gxisting and Ploposcd land n...cs ;11 tllC ,h'.!.. PelicA" Pv;nt,- ruD, \'I'as glàl1red finalapploval by th.:. ConHllulI;ty Dc v d0l',ul-ul Dh"tv, ouJauuary 9,1995. This applovakxpj¡cd ouAu/:)u~t20, 1998. TI.e.'Mlalld WGst pOltions of tile propGI1:J have bc("lIdi~;ck.d. A I'LOU;"/:) ;~ 'l-quÎ1Gd for this propGlty tð be dCvdoped. On August 20. 1996. the Board of County Commissioners approved Resolution 96-180 that granted preliminary and final PUD approvals to the Pelican Pointe - PUD. and changed the zoning on this property from HIRD to PUD. The Pelican Pointe - PUD was to be a 45 lot. single-familv subdivision. At the time of this approval. the Pelican Pointe proiect included the lands on both the east and the west side of South A-I-A, The site plan approvals granted under Resolution 96-180. expired on August 20. 1998. due to the failure of the petitioners. or their successors. to have obtained final plat recordings for this development. Since that time. the east and west portions of the property have been divided, The western portion of the parcel was reclassified to the HIRD zoning district on October 19. 1999 through Resolution 99-192, The western portion has received site plan approval for a nine (9) lot residential subdivision, 4. Whether there have been changed conditions that require an amendment; Till- n"'¡;"an Paillte. - Plaü"l-J Unit DGvdoplllGnt has GxpiIGd. III u,Ju to d'vl-Iop tl,.:. 1'lOp05Gd Underline is for addition! correction from memo dated June 13,2001 SI::\.;L 'FI."u~b]' is for deletionl correction from memo dared June 13.2001 '- 'wtI June 11, 2001 Page 4 Petition: Pelican Pointe East Land Trust File No: 01-011 ~uLJi, i"ivll, a ICzoning baGk to tI¡e IllRD (IIntdlin50h Island RcsidcuLial Oi"lìia) Zuhih5 Di5lÚ.:tand "ite plall aPPIO,al ale IGqu;¡òd. ~ Until either a new PUD or a change in zoning is obtained on the petitioned parcel. no new development plans may be authorized on this site. If the reauested change in zoning is approved. the parcel would be subiect to the standards and requirements of Section 3.0 1.03(AA) of the St. Lucie County Land Development Code, f f 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Any development will need to demonstrate that there are adequate public facilities in the area to support such development. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed development is not anticipated to create adverse impacts on the natural environment. Any future development of this site will be required to comply with all state and local environmental regulations. . 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed amendment would not be in conflict with the public interest and is in hannony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The þetítionc.r, relieall PointG East Lalld T1t15t, hM lequGSh:.J tI,ls d,a..€;" i.. .:.v..ihg of 7.37 aercs of land located on the "a5t sid" vf Sontl, SR A-I A, al'l',vAill"tL"ly 1,000 f.;;ct sontl, of the Sonth IIntGI,ill50..lolalld VI a.>L"watL., 'f,,,aLlll,,,,t facility and dÜeetl} sonth of the Oec.an Day paled i.. v,Jc., Lv d"."lop a ,,,~ick.ntial Underline is for addition! correction from memo dated June 13,2001 Stl;l;... TI""u""bl. is for deletion! correction from memo dated June 13.2001 '-" -..wI June 11,2001 Page 5 Petition: Pelican Pointe East Land Trust File No: 01-011 dGvvlöjJluvul. . Pelican Pointe East Land Trust, has requested a change in zoning for 7.37 acre parcel of land located on the east side of South SR A-I-A, south/southeast of the South Hutchinson Island Wastewater Treatment and Water Reclamation Facility and directly south of the Ocean Bay Preserve/ recreation parcel on South Hutchinson Island. The stated purpose of this change in zoning is to allow for the development of this property in a residential nature, but not as a planned Unit development. 4 « Attached is a copy of Section 3.0l.03(AA) - HIRD (Hutchinson Island Residential District), of the St. Lucie County Land Development Code, which delineates the pennitted, accessory, and conditional uses allowed in the Hutchinson Island Residential District Zoning District. If the change in zoning request is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the pennitted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and detennined that it confonns with the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. . Please contact this office if you have any questions on this matter. Attachments hf cc: Peter van Rens File Underline is for addition! correction from memo dated June 13,2001 Sb;k... TL..Lv"'ol. is for deletion! correction from memo dated June 13,2001 '-' ....., 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 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THA T THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF t . 4 PELICAN POINTE EAST LAND TRUST, FOR A CHANGE IN ZONING FROM THE PUD (PLANNED UNIT DEVELOPMENT - PELICAN POINTE) ZONING DISTRICT TO THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT, BECAUSE ... [CITE REASON 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 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF PELICAN POINTE EAST LAND TRUST, FOR A CHANGE IN ZONING FROM THE PUD (PLANNED UNIT DEVELOPMENT - PELICAN POINTE) ZONING DISTRICT TO THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT, BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC]. Underline is for addition! correction from memo dated June 13,2001 St.;k... TJ.."...6I¡ Îs for deletion/ correction from memo daled June 13.2001 '-' >..,! Section 3.01.03 Zoning District Use Regulations ( AA. HIRD HUTCHINSON ISLAND RESIDENTIAL DI~IRICT 1, Purpose The purpose of the Hutchinson Island Residential District (HIRD) is to provide a residential environment on North and South Hutchinson Island that is respectful of the natural resources and value of the barrier islands and can be supported by available public and private services. HIRD is intended to ensure that the intensity, location, and timing of new residential growth and development is of a character that can be served by adequate public and private facilities, and that protects, preserves and enhances the public health, safety, and welfare of the citizens of St. Lucie County, Hutchinson Island constitutes a unique and valuable public resource that plays a vital role in defining the County's economic and geographic character. HIRD is intended to facilitate growth and development of the barrier islands while conserving the natural and human values the islands represent. Given the environmentally sensitive nature of barrier islands, HIRD is designed to ensure that growth and development is clustered away from environmentally sensitive lands and is limited to the more tolerant upland portions of Hutchinson Island. HIRD is also intended to implement and be consistent with the St. Lucie County Comprehensive Plan. 2. Intent of Application a. It is the intent of the Board of County Commissioners that HIRD shall apply to all multi-family residential property in the unincorporated areas of North and South Hutchinson Island. b. No application for an amendment to this code, shall be accepted which proposes to change the zoning classification of any land on North or South Hutchinson Island to a classification other than to: Hutchinson Island Residential District (HIRD); Planned Unit Development (PUD); Planned Non-Residential Development (PNRD); Planned Mixed Use Development (PMUD); Utilities (U); Institutional (I); Religious Facilities (RF); any Residential, Estate (RE-1 or RE-2) or any Residential, Single Family (RS-2, RS-3, RS-4) zoning district. Any residential development on North or South Hutchinson Island must be consistent with Paragraphs 4, 5, 6,7,8 and 9 of this Section. 3, Subdistricts For the purposes of this District, lands located on North and South Hutchinson Island are hereby classified into the following subdistricts: a. North Hutchinson Island Residential District (NHIRD), which includes those lands located on North Hutchinson Island in St. Lucie County; b. South Hutchinson Island Residential District, North (SHIRD-N), which includes those lands located on South Hutchinson Island between the Florida Power & Light Company nuclear power plant and the city limits of the City of Fort Pierce: and . c, South Hutchinson Island Residential District, South (SHIRD-S), which includes those lands located on South Hutchinson Island between the Florida Power & Light Company nuclear power plant and Martin County. Adopted August 1. 1990 137 Revised Through 08/01/00 ( . ( '- """" Section 3.01.03 Zoning District Use Regulations " 4. Environmental Zones For the purposes of this District. all lands located on North and South Hutchinson Island are classified into one of the following environmental zones based on their geologic, hydrologic, topographic, and biologic cllaracter : a. Dune Preservation Zone, whicll includes tllose lands lying between the mean high water line to the east and the western edge of the primary dune system, as defined by vegetation and elevation. The Dune Preservation Zone shall have the characteristics of the Beach and Dunelands environmental zone as described in Chapter VIII, Natural Environmental Analysis, of the 5t. Lucie County Barrier Island Study: Analysis of Growth Management Policy Plan (August, 1982). Where the western edge of the primary dune system cannot be ascertained, the Dune Preservation Zone shall be set by reference to a managemenV restoration plan that has been prepared based on natural coastal dynamics. « b. _ Uplands, which include -those lands lying west of the westem edge of the primary dune system and which are not classified as wellands as defined in paragraph (c) of this subsection. c. Wetlands, which include those lands lying west of the westem edge of the primary dune system that are above the elevation of mean high water and are included in the landward extent of waters of the state as defined in Rule 17-4.02(17), Florida Administrative Code, on the date of adoption of this Code. 5. Permitted Uses The following uses shall be permitted as of right in environmental zones in the Hutchinson Island Residential District: a. Dune Preservation Zone: (1) Residential densities that can be clustered to Uplands located on the parcel proposed for development. (2) Elevated walkways. (3) Recreational uses not involving structures other than elevated walkways, b. Uplands: (1) Detached single family dwelling units. (2) Two and three family dwelling units. (3) Multiple family dwelling units. (4) Parks. (5) Accessory uses, subject to the requirements of Section 8.00.00. L c. Wetlands: (1) Residential densities that can be clustered to Uplands located on the parcel proposed for development. (2) Elevated walkways. (3) Bridges and bridge approaches. Adopted August 1, 1990 138 Revised Through 08101/00 "'" -.....I Section 3.01.03 Zoning District Use Regulations ( . ( NHIRD SHIRD - N SHIRD - S level 1 36% 28% 45% level 2 54% 100% 100% level 3 100% does not apply does not apply 4 4 When the maximum percentage indicated in the table above would yield less than one (1) unit per acre, a maximum density of one (1) unit per acre shall apply except for the RlC (Residential Conservation) future land use designation. Properties within the RlC future land use designation shall have their density computation based upon .2 du/ac for all lands above mean high water. t b. Existing Uses Any structure, project or use that exceeds the applicable maximum residential density set forth in paragraph (a) of this subsection or the maximum building height set forth in paragraph 11 (b )(2) of this section, shall not be sUbject to the provisions of this subsection but shall be considered a pre-existing use and be subject to the provisions of Section 11.07.05(G) if and only if: (1) The structure, project, or use has been occupied or constructed, or has received a building permit, site plan, or other County development approval prior to July 12, 1984; and ' (2) Development of the structure, project, or use is completed within all applicable approval periods and time limits. No change or alteration of a pre-existing use as defined in this paragraph shall be permitted if the change or alteration would allow a residential density exceeding that set forth in the building permit, site plan, or other County development approval for such existing pre- existing use. c, Payment of Alternate Development Fee. A site plan for a structure may be approved at a density greater than the applicable maximum set forth in paragraph a of this subsection upon the condition that the developer pay to the Board of County Commissioners the applicable alternate development fee set forth in this paragraph. In addition, if the proposed development, together with existing and previously approved development, will necessitate any roadway, bridge, or other improvement to maintain Level of Service C annually or D during peak season, or will require any traffic control device or access improvement, the site plan shall not be approved except upon the condition that building permits not be issued until after such improvement or traffic control device is installed or until the developer has executed a contract for construction of needed improvements and has provided security in a form and amount acceptable to the County Attorney. The alternate development fee shall be payable at issuance of building permits and for each unit exceeding the maximum set forth in paragraph (a) of this subsection. Adopted August 1, 1990 140 Revised Through 08101/00 '-' , ....., Section 3.01.03 Zoning District Use Regulations ((. northbound right turn lane at Old Dixie Highway and the North Beach Causeway and signalization improvements at that intersection, and the addition of a southbound right turn lane at State Road A 1 A and Atlantic Beach Boulevard. 4 (2) SHIRD-N - Existing conditions together with the improvement of Seaway Drive to a four lane road from the South Beach Causeway Bridge to Binney Drive, the addition of a northbound left turn lane at the intersection of Ocean Drive and Binney, and the improvement of Ocean Drive in the City of Fort Pierce to a three lane road. . (3) SHIRD-S - Existing conditions together with the improvement of either: . (a) the Jensen Beach Causeway to a four lane facility, together with improvement of Indian River Drive to a four lane road between the Jensen Causeway and Jensen Beach Boulevard, the improvement of State Road A 1 A to a four lane roadway from the Jensen Beach Causeway to a point one mile north of the St Lucie - Martin County line, and the improvement of Jensen Beach Boulevard to U.S. 1 to four lanes; (b) the Stuart Bridge to a four lane facility, together with the four laning of the Ocean Boulevard Causeway from Indian River Plantation west through the intersection of Monterey Road, and the four laning of State Road A 1 A from the Jensen Beach Causeway to a point one mile north of the St Lucie County - Martin County line; or (c) the construction of a two lane bñdge to South Hutchinson Island at the Walton Road corridor, together with improvements of Walton Road to four lanes west of the Savannahs to U.S. 1. c. Level 3 (5) NHIRD - Level 2 improvements plus expansion of the North Beach Causeway to four lanes from north of Atlantic Beach Boulevard to U.S. 1, and the addition of a north bound right turn lane at U.S. 1 and Seaway Drive. (6) SHIRD-N - Level 2 improvements plus the four laning of Seaway Drive from Binney Drive to Ocean Dñve or an equivalent improvement, improvement of Ocean Drive within the City of Fort Pierce to a four lane road, and the addition of a northbound right turn lane at the intersection of U.S. 1 and Seaway. ~ (7) d. Level 4 (1 ) SHIRD-S - Existing conditions together with two of the improvements specified under Level 2 above. ~ NHIRD - Level 3 improvements plus grade separation of the North Beach Causeway and the Florida East Coast Railway tracks, an interchange at Seaway Dñve and U.S. 1, or other improvements that will provide at least Level of Service D conditions during the peak season at the Seaway Drive and U.S. 1 intersection, and the four laning of State Road A 1A from north of Atlantic Beach Boulevard to the Indian River County line, Adopted August 1. 1990 142 Revised Through 08101100 '-' "..",J Section 3.01.03 Zoning District Use Regulations (( 13. Landscaping Requirements Landscaping requirements shalf be in accordance with Section 7.09.00. . 14, Nonconforming Lots of Record Notwithstanding any other provision of this section, the provisions of Section 10,00.04 shall govern the erection of a single-family dwelling and customary accessory buildings on any single lot of record existing on the effective date of this Code. t 15. Additions to Recreational Vehicles, Mobile Homes, and Travel Trailers . a. Notwithstanding any other provision of this section, any mobile home, recreational vehicle, or travel trailer park space located in this district shall be considered an existing conditional use under Section 11.07.05(G) if and only if: (1 ) the mobile home has been erected and occupied, or the recreational vehicle or travel . trailer park space constructed and used, prior to the effective date of this Code; and (2) the mobile home, recreational vehicle, or travel trailer park space was a fully conforming use on the effective date of this Code. b. No addition to an existing mobile home shall be permitted unless the addition meets all requirements of the RMH-5 District. c. No Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto shall be permitted unless the Recreational Vehicle, Travel Trailer, Detached Single Family Residence, Class A Mobile Home or addition thereto meets all applicable requirements of Section 7.1 0.16 (RECREATIONAL VEHICLE PARKS) in existing recreational vehicle parks, or Section 7.10.17 (MOBILE HOME PARKS) in existing mobile home parks. d. An addition in existence as of April 18, 1989, (Ordinance 89-09) which does not meet the requirement established in this Section shall be deemed a nonconforming structure and shall be subject to the provisions of Section 10.00.03. However, existing additions which pose a threat of imminent danger to the health, safety, or welfare of the general public as determined by the Fire Marshal pursuant to the Standard for Fire Safety Criteria for Mobile Home Installations, Sites, and Communities, NFPA 501A-1982, as applicable, must be broughtinto compliance or removed. The decision of the Fire Marshal may be appealed to the Board of Construction and Appeal. 16. Sea Turtle Protection Sea turtle protection requirements shall be in aq;ordance with Section 6.04.02. Adopted August 1, 1990 144 Revised Through 08/01/00 ''- \ ....., .. .-.-' Cf) m w ~z .. .-.-' CD Cf) .. .-.-' ::J C I- 01- 0....-0 c c m m . ü --.J CD 0.... r- r- o I r- o '" ~, ~ 'i;a" '.{, ~. . < , 4 ~ ~ . ~ .. u i ~ r o N a: o ::- ,. ¿ \ (. , , . ~ ... ... :; :; 0: ~ ::::J o U ...... waOtiJ. 0'(01:1 3Nl 7.1N't'y - ç Z ::::J o U mOil w.t5 a: ~ æ ~ ~ Of"" "MIY;) .m" ... ;¡ I. .., ;; ~ Of OW GJ_ ... Z ¡::: .... NOl....J .. a: ... ~ .N '-' 0: :2: .. ... ~ 5 0: z ~ ë5 ~ ~ ... .. II: ¡ 5 ... ... ... / s ~¡: 1 S 51: 1 Ål.NnoJ 3380HJ33>tO , c¡. ------- Pelica~ Pointe East Lan6J Trust RZ 01-011 r 7 / 7 /1 This. pattern indicates U/....L.¿] subject parcel SÞ- .L-qf~ ~~ i Map prepared June I, 2001 f TNI.......__-...-.....-~__~...,. N \'No, .......oAoot.... -'-_,......,. ...__....__ ..............,.,....,·.._~b'_........tIfdoO----. A Petition of Pelican R~e East Land Trust for a Change i 'oning from PUD (Planned Unit Developmeñt) to HIRD (Hutchinson Island Res~ntial District). \ \ \ \ \ \ ,-:: /)ç;, "'0 /) ;);¿. ~/' RZ 01-011 I" 7 / 7 / I This, pattern indicates t::L./ L..LJ subject parcel . ~ -- o -;) r. "0 o o ~ o -;) ::~~~~ '"'" .... '- - -....s Iar........-l'*"*'" - ---.....-.. N .......-velb\,....,IMdt. IAM:iI...__w _ ~ ØOMI*.III fIOI~ tIt_ _.. IoogooIr bIrd'v ____ Land Use Pelica~ Pointe East Lan~ Trust /, /)0.:. /0 /) 0;.i.- é"r RZ 01-011 r 7 / 7 / I This. pattern indicates U/..L.L:J subject parcel . 4 ~ -- o ::> r"". (-. o ("> (\) ~ . :~~~,t ~"",,--"""""'-~pIIrNv"""""'--~...,.. N ...,... ...-w ___.......... . MftiI tw _...-.. _ ..........~I.NC.........Iar_ ...~tordnu*'""-- Pelica,~ Pointe East LanL.-J Trust ;; 'ÌQ;' 10 'Ì ~i- 6>1' RZ 01-011 r 7 / 7/1 This. pattern indicates l:..L/ LL] subject parcel 4 4 ~ ~ ç. (1 o (1 (\) () ? 4 . 4 5l;F.L~ ~~ î ~ -==~-= ~ Map prepared June 1. 2001 I "*'"""..........,...fDIQIIWII~............~...., N ...........,.................lDpocMdI;..____ ~~..Nllln-w.._....~IIirdng~ '" Q) (, ";: I-< Q) if.). d o ;::: C': S I-< cS d - (, :a ¡;:. C': -:;; I-< C': ~~ Q) Q) ~ -= . ·õ -= ¡:... 8 ; ¡;:.~ ~ d.> d.> ¡:... ~ I-< ¡::¡cS õÞ. .... ''2 S :I . sS 8 N o p:: U .... ~~ ... ... = .~ Q) ..J ,.§ Ol) I-< = r¡ ~ ._ Ii ¡;:. :;¡ l~Q..~._ 7 "'Í"N"""'''---' ~ ~:¡.I,·~I·~I.!;;I·~~I~I¡~i,:,i ~ ! 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'I' I,: I,. I < ii' !r-I"",8I,-I,\Q~,'('f')¡ I '~,O· '0'0-0 i,",I::::>181818188 ( I;Ni_:_Irf')¡........c-N ¡Sl'13i8i13'13!13 13 I~." ~'¡~iQ¡,~I'~J~~¡ -I:...... if"') f"')1f"') M M~t"l: IL"'!~ ~:~ N N~N: I ~ N iN N N¡'Ni¡ i V') V') V'¡ 1.1) V') V'¡¡ I ('f'"¡ ('f1 (i"'¡ ~ (1')¡{i"¡( ~. u~ .,~, ''''''''' . ( '-' AGENDA REQUEST "'rfEM NO. 6 DATE: August 21, 2001 REGULAR [x ] t PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: . SUBMITfED BY(DEPT): County Attorney Katherine Mackenzie-Smith Assistant County Attorney SUBJECT: Payment of Defemie Expert Witness Fee in the Criminal Case of State v. Woodward BACKGROUND: See attached memorandum FUNDS AVAILABLE: . PREVIOUS ACTION: . RECOMMENDATION CONCLUSION: Staff recommends that the BOCC not authorize the payment of the additional monies requested. This will allow the Fourth District Court of Appeals during the appellate process to determine the reasonableness of the compensation and sufficiency of the Court Order. . COMMISSION ACTION: t K] APPROVED [] DENIED [ ] OTHER: 5-0 ugl M. Anderson County Administrator Review and Approvals [X] Counõy AõJ;orncy: ~ J...P<r"" [ )MaMgcmcnõ & Budge\;: [ )Purcha$ing: [ ) Infonnation Tech.: [ ] Public Work$ DirccJ;or [ ) Solid Wa$tc Mgr '-" ,."", INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners 4 FROM: Katherine Mackenzie-Smith C.A. NO: 01-1094 DATE: August 14,2001 SUBJECT: Payment of Defense Expert Witness Fee In the Criminal Case of State v. Woodward BACKGROUND: St. Lucie County is required pursuant to Section 914.06 Florida Statutes to pay reasonable compensation for the services of an indigent defendant's expert witness. Mr. John Anastasio represented William Woodward in this criminal case against him. The Court declared Mr. Woodward indigent for costs and authorized Mr. Anastasia to hire a DNA expert (see attached Order). Mr. Anastasio filed a Motion for Costs requesting the Court to pay costs incurred during the defense of Mr. Woodward including the cost for the DNA expert. Ultimately, a bill of $29,211.90 was submitted for this DNA expert. The Court held a hearing on the costs in December 2000. At this hearing, the State Attorney and the County, argued that the $29,211.90 bill was not reasonable. The Court ordered the County and Mr. Anastasio to attempt to reach an agreement on his Motion for Cost. No agreement was able to be reached (see attached letter). In April 2001, the Court issued an Order awarding a fee of $10,000 for the DNA expert. The County has paid the ten thousand dollars. Mr. Anastasio is appealing this Order to the Fourth District Court of Appeals, c . Mr. Anastasio has requested this item be placed before the Board of Co unty Commissioners for consideration (see attached letter). He is requesting the remaining $19,211.90. Mr. Anastasio argues that the bill of $29,211.90 is reasonable for the amount of work performed. In addition, Mr. Anastasio argues the Court Order is insufficient and fails to establish the basis for the $10,000.00 RECOMMENDATION/CONCLUSION: Staff recommends that the BOCC not authorize the payment of the additional monies requested. This will allow the Fourth District Court of Appeals during the appellate process to determine the reasonableness of the compensation and sufficiency of the Court Order. Respectfully submitted ¡,,/~ ¿. Katherine Mackenzie-Smith Assistant County Attorney DEC-19-ØQ 11 :1212 PM p. ~.:: ~ ""'" . - .... I. :In Û:q2 otirtuit Q!aurf <Øf ŒQe Ni1Uttent~ 3u~·ft¡lfI OIfrtuff In AM .Jar ~. 17u.cie ~øunt\l, J1øri~ll STATE OF Fl.ORJDA, CASE NO. 98.3967.cF2 PlllntJff, JUDGE: VAUGHt.¡:2 I ' -' v. '. , WILLIAM WOODWARD, ¡-" ~ Defendant. , - . , -- ., .-.OJ ~') . $:~' ,~ ORDER DeCLARING OEFENDANT INDIGENT F~ coirs I This matter came before the court on June 9, 2000 on the defendant's motion to declare the defendant indigent for costs. The courl has considered in the motion, afD.davit of indigent see. testimony of the defendant, curriculum Vitae of Dr. Rene HCITcra. Ph.D. and argument counsel; it is ADJUDGED that the defendant Is declared indigent for coats and that Dr. Rene Hen-era. Ph.D. is appointed as the defendant's DNA expert. ORDERED this .11-. day of August 2000 nunc pro t'..znc to JW1e 9. 2000 at Fort Pierce. Florida L , D Copies furn1shed to: . FilED IN OPEN COURT THIS THE fOAY aF ~ JoANNE HO L~ BY· 0, C. John J. Anastasio Esq. State Attorney EXHIBIT A '" "'" ....., ßOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY Daniel S. Mcintyre January 16,2001 Heather Young James W Lancasrer, Jr, Karherine Macl~enzie-Smirh ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY Honorable Judge Vaughn St. Lucie County Courthouse 218 S. Second Street Fort Pierce, FL 34950 RE: William Woodward - Case #98-3967 CF Attorney John Anastasio Motion for Cost Dear Judge Vaugbn: Please be advised that after conversations with Mr. Anastasio and his office, there was an agreement reached on his motion for costs (attached) as follows: Spherion for Court Report Services for $851.40 reduced from $931.00 John Anastasio for plane ticket for $407.00 There was no agreement reached on the following: Technical Advisory Services, Inc. for $29,211.90 Cell Mark Diagnostics for total of $6,065.00 Copy Solutions for $1,267.42 John Anastasio for $614.06 If! may be of further assistance, please advise. Sincerely, /~ KMS/cb Katherine Mackenzie-Smith Assistant County Attorney cc: John J. Anastasio, Esq, Kathryn Nelson, ASA JOHN D ßI\UHN. Disr"cr No, 1 . DOUG COWARD, Disrrier No, 2 . PAULA A, LEWIS, DlSrrier No, J . FRANNIE HUTCHINSON. Disrrier No, 4 . CLIFF ßARNES, Di,,,,er No 5 County Adminimaror - Douglas M. Anderson 2300 Virginia Avenue . Jrd Floor Admin, Annex . Forr Pierce, FL J4952-5652 . Phone (561) 462-1415 FAX (561) 462-1440 . TDD (561) 462-1425 , 'DE:C-19-ee 11:02 PM F'.. 0,_ ........ ..." , 4" ,/ SUMMARY OF COSTS BY SERVICE PROVIDER Technical Advtsory Service. Inc. $17.528.90 11.685.00 TOTAL $29,211.90 . Sphenon Court Reporting TOTAL $ 931.00 $ 931.00 Cellmark Diagnoøt1cø $5.685.00 330.00 50.00 Total $ 6.065.00 Copy Solution. Group. Inc. $ 1 267 47 Total $ 1,267.47 John J. Anastul0. Esq. $ 489.26 407 .00 127.80 TOTAL $ 1.024.00 ~ ~ IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR ST. LUCIE COUNTY, STATE OF FLORIDA. CASE NO. 98-3967-CF STATE OF FLORIDA, Plainti:fl: rlr~ ¡ ~ ¡ ,1..... .h'-ó':~ ':ì A ""\'14- í _.__ n r.,.:~-;·-"~ '; { t vs. WILLIAM WOODWARD, Defendant. ------ ' "'-. , , / ORDER ON MOTION FOR INDIGENT COSTS THIS CAUSE having come before the Court on the Defendant's Motion to Pay Costs and the Court having heard uom the Defendant, the State and St. Lucie County considered the testimony, the exhibits and the facts of this case, the Court GRANTS the Motion, and orders that St. Lucie County pay the costs of the following service providers which the Court finds to be necessary and reasonable in this case: Copy Solutions Group, Inc. 333 Fayetteville Street Mall Suite 1201 Raeigh, NC 2760 I Re: Invoice No. 3959 $1,267.42 Cellmark Diagnostics 20271 Goldenrod Lane Germantown, Maryland Re: Order No. 25682 f John Anastasio, Esq. Suite 202 10570 S. U. S. Highway One Port St. Lucie, FL 34952 Re: William Woodward $614.06 \~~~\ J ~~;¡ / (J,r Y,' \ \f,V ',\0 \ \ 1\ " Ç)i'IG .¿ '\ ~ 'v'- , I've \ " '-" Technical Advisory Service, Ins. 1166 DekaIb Pike Blue Bell, Pennsylvania 19422-1853 Re: Invoice No. FL-44-0762-0 1 $10,000. cc: State Attorney's Office County Attorney's Office Dr. Herrera, Technical Advisory Service, Inc. Copy Solutions Group., Inc. Cellmark Diagnostics John Anastasio, Esq. "wi HON~~UGIm Circuit Court Judge t 4 .JUL-31-~1 Ø5:18 AM ~. F' . !3 ':.: ~ """ 31nqn ~. Rnabœfn ~-At-l.4w 10570 South U.S. Hì&,hway One, Suite 202 Port St. Lucie. Florida 34952 (561) 337-01556 FlAx: (561) 337.03158 E·mlll!: PSL LAW@ Ilol.com M~ f!", r-..'J aJt4F~. Bars · Active If we ccuú{ I"tdÁ ÚIl SUJ'e! liistc:"'¡ t{ QW' CfttmiiJ, Wt slicu/:i fir'" i:. wú. rn.m's [ft sorrow ¡m¡Í n~!Ji!l'in9 tT'u"9h W <ils11'lt1. .1lI~hf1i;'. . . L<m¡f.Uow 30 July 2001 Daniel McIntyre. County Attorney Office of the Cowlty Attorney 2300 Virginia Avenue, 3rc1 Floor Fort Pierce. Florida 34982 Re: State If. FIlliNll WOOl'dwanf Dear Mr. McIntyre: As as we have discussed. the above matter Is before the Fourth Distrlçt Court of Appeal. Request is made. to have the issue of payment of the $19.211.90 in dispute scheduled for t..'ïe next St. Lucie County Board of CommIssioners meeting. Please have this item placed on the agenda as either a general or litigation matter, for the next meetiI1g Of advise me how X may do eo. Your assistance in this regard would be most appreciated. If the matter can be resolved by the Commissioners. then the appeal could be dismissed with cost savings to all concern~d. . Cordially, /, John J. Anastasio , .......-::: I I:'(~./ "\ " J.,<.. ' y'; ,\Jl,' lD\~\ rl" I f \t\ tiiP J t\\1¡j? 08/17/01 FZABWARR FUND 001 001117 001130 001139 001140 001252 001255 001258 001259 001269 001804 001809 101 101001 101003 101006 102 102001 105 107 107001 - ""002 ,003 140 160 183 183001 183004 185001 186 186204 205 304 315 316 316001 401 418 421 441 451 461 471 478 491 501 sn5 ,,001 '-" ST. LUCIE COUNTY ~ BOARD DATA -....,,¡ WARRANT LIST #46- 11-AUG-2001 TO 17-AUG-2001 FUND SUMMARY TITLE General Fund FTA 49 USC Sec 5307 98/99 TC Community Action Agency FYOO/Ol FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Urban Mobile Irrigation Lab Grant Fla Fish and Wildlife Conservation TDC Planning Grant FYOO/01 Emergency Mgmt. Prep & Asst. FY 00/ FDEP-Urban Mobile Lab Grant 01/02 SFWM/SLSWCD Well Monitoring Program SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Local Option Transportation Trust/Impact Fees 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 Port & Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court SHIP Housing Assistance FY 00/01 Recycling Operating Fund Recycling & Education Grant FYOO/01 Beach Bond I&S Fund Communication System Fund County Building Fund County Capital Transportation Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace Building Code Fund Information Technology Fund Health Insurance Fund Property/Casualty Insurance Fund EXPENSES 79,996.06 44.79 128.67 37.08 302.68 43.57 26.52 38.09 1,953.96 88.65 156.00 349.77 28,700.14 95.68 252,679.31 1,022.49 7,588.89 1,050.25 2, 964 . 96 50,199.44 28,435.00 29.13 87.41 3,394.75 1,495.31 1,470.71 262.05 199.56 7,001.40 261.68 44.37 63,550.00 7,199.75 2,113.16 23,571. 62 643.50 1,686,245.88 17,333.52 65.31 266.51 870.39 7,500.67 2,160.47 648.00 908.32 39,958.55 5,423.01 5,001.08 PAGE 1 PAYROLL I 296,868.61 606.48 0.00 484.68 4,040.44 0.00 0.00 509.68 3,507.16 1,188.80 0.00 1,188.80 98,927.16 0.00 0.00 0.00 47,045.67 14,006.78 1,806.17 81,859.41 0.00 383.34 1,150.01 6,847.09 2,295.20 4,567.57 1,088.18 2,673.72 1,371.84 1,756.60 585.55 0.00 0.00 0.00 0.00 0.00 32,649.82 18,892.93 177.24 3,625.22 583.91 10,293.55 4,102.56 0.00 50,516.18 69,403.77 3,055.55 1,707.53 c 08/17/01 FZABWARR FUND 510 611 625 TITLE '-' ....., . ST. LUCIE COUNTY - BOARD DATA WARRANT LIST #46- 11-AUG-2001 TO 17-AUG-2001 FUND SUMMARY EXPENSES Service Garage Fund Tourist Development Trust-Adv Fund Law Library 22,655.15 420.77 420.90 GRAND TOTAL: 2,357,104.93 PAGE 2 PAYROLL 8,946.90 3,416.12 0.00 782,130.22 . , '-' AGENDA REQUEST ......, ITEM NO. C-2A- DA TE: August 21, 2001 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: (~~~1~ County Engineer SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 SUBJECT: Camino Court Culvert Replacement and Canal Restoration Project - Engineering Work Authorization Proposal with BCI Engineers and Scientists, Inc. BACKGROUND: The Camino Court Canal is located in the River Park subdivision north of Prima Vista Boulevard (see attached map). The canal discharges through an outfall pipe to a channel connected to the North Fork of the St. Lucie River. The sand-cement bag headwalls that support the outfall pipe have deteriorated to an extent that large amounts of soil have migrated through crevices in the wall and have been deposited into the channel. In addition, the canal banks near the outfall have eroded, adding to the sediment deposition in the channel. Holes have formed in the ground around the pipe and headwalls due to the soil erosion. The Road Department has filled the areas around the outfall pipe as a temporary measure of protection, however, with heavy rains the soil continues to migrate into the channel. The intent of this project is to replace the culvert outfall structure, remove the sediment that has been deposited into the channel, and stabilize the canal banks. 4 FUNDS AVAIL.: Funds are available in account 101003-41131-563005-430027, Transportation Trust/Local Option PREVIOUS ACTION: None RECOMMENDATION: Staff is requesting approval of the attached Engineering Work Authorization for BCI Engineers and Scientists, Inc. to prepare engineering plans for the Camino Court Culvert Replacement and Canal Restoration Project in the amount of $17 ,537.77, and authorization for signature by the Chairman. [X] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: [ ]Finance coordlnatlon/SilJnatu~Mll [X]Mgt. & Budget 'ittf) ~U [X]Co. Eng ù.~~. r [ ]Cornm, Dev. [X]Budget Coord, ~Pr Y\ [X]County Attorney ~ t' 0,", [X]Originating Dept. Public Works ~ I- U IU , OD. ~C 1.1 tz ~2 o~ Uu 00 2.1 . 1 C u ~ -..J SNOISI^3H t.."UII U.I'" I.NJ -.,. --.r. -----.-- . NOISJAlCI DNDlDNIflN3 sliÁ~~~g~æ811 dYJ( Nou.r.IO'I J.HI1OO ONDl'f~ Zi 1- -J,~, , " I ì ~ J// /' "/ ! I I I \\ )\ ~~~ /:~ "- !( II (0 \ð )';( _// ~''::::-- (r:;J":, z o !;( ü o ...J I- U W """') o n:: a.. -, '-' .....,¡ WORK AUTHORIZATION NO.2 Engineering Services Related to Stormwater Management COO-06-086 for Camino Court Culvert Replacement and Canal Restoration Project Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the "Agreement") between St. Lucie County (the "County") and BCI Engineers & Scientists, Inc.(the "Engineer") dated June 13,2000, the Engineer agrees to provide the Scope of Services described in Exhibit "A" and for the Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN ATTEST: Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: BCI Engineers & Scientists, Inc. Date: ... '-' .., EXHIBIT A ST. LUCIE COUNTY ENGINEERING DIVISION Camino Court Culvert Replacement and Canal Restoration Project Scope of Services I. Description S1. Lucie County Stormwater and Sediment Management Services II. Provisions for Work Engineering services will be accomplished in accordance with the St. Lucie County Continuing Engineering Services Contract. III. Project Description - Camino Court Culvert Replacement and Canal Restoration Project This work will be accomplished in compliance with Florida Department of Environmental Protection and other regulatory agency requirements. III. Scope of Services BCI will provide project management and engineering services using staff and resources from our Lakeland and Daytona offices to provide full technical support to St. Lucie County. BCI will provide all equipment and materials necessary to conduct these engineering services. This project is three-fold. The primary objectives of this project include the following: · To replace an existing drainage culvert outfall structure to reduce the chances of future failure. · To remove sediment within a secondary canal in need of maintenance. · To assess the sources of the sediment load and implement plans to reduce the sedimentation rate into the canal. It is understood that S1. Lucie County has surveyed the project area, created preliminary plans (existing topography and survey baseline), met with FDEP officials for pre-application purposes, collected and analyzed soil borings within the canal, and collected historic information. This historic information, primarily aerials dating back to 1968, will be used to confirm that a secondary canal was established in the late 1960's or early 1970's. Therefore, BCI is making the assumption, based on agency meeting pre-application notes, that an exemption from permitting will be requested. Information in support of a maintenance exemption request will be prepared. Services to be managed and developed during the term of this agreement include: · Field visit and survey to assess the watershed, flora and fauna within the canal area, conveyance system from SR 5 to the canal, outfall structure condition, canal conditions, and to attempt to ascertain any visual changes that have occurred subsequent to St. Lucie County's previous survey and field work. · Coarse level drainage calculations for the outfall. Topographic aerials from the WMD/St. Lucie County, and the County's specific survey data will be used for the calculations. It is appropriate to know the potential peak storm event stages at the outfall to assess proper end protection design. Exhibit A Page 2 '-' "-' · Prepare exhibits and information for the FDEP/uSACOE Dredge and Fill maintenance exemption request. We will prepare supporting information, as noted in the pre-application meeting minutes. · Construction drawings consistent with County standards will be prepared for the project site. The County will be provided a set of 60% plans to comment on prior to final construction plan preparation. The plan set will include a key sheet, plan/profile (cross-section) sheet for sediment removal and regarding/stabilization in the area of the project culvert, and details sheet (pipe-end treatment, turbidity control, details, notes, access). · Project specifications will be prepared and provided in a specifications package or will be included in notes on the plans. Bid specifications, pay item descriptions and summary of quantities will be input into the County's boiler plate bid package and provided back to the County. A construction cost estimate will be included. · Project Progress Reports and Meetings- Monthly status reports will be provided to S1. Lucie County. Additionally, we anticipate much communication during the design phase to ensure the County has constant input on the proposed design. Two project meetings are included as part of this scope. Items Specifically NOT included in the Scope of Work and associated budget include: IV. · Compiling Legal/Institutional Information FEMA Map Revisions Agency Permit Application Submittal and/or Permit Fees Easement Negotiations/Agreements R/W Map Preparation Ground Water Modeling Water Level Monitoring Contamination Assessments Wetland Delineation or Impacts Assessment Pre-bid and Pre-construction Meetings Construction Engineering Inspection and Testing · · · · · · · · · · Information Provided by St. Lucie County 81. Lucie County will provide the existing preliminary plans information in AutoCadd format, including the most recent topographic survey. Any additional survey needs, if required, will be provided by the County. v. Period of Service BCI will provide the services for the above scope upon receiving a notice to proceed. The project will be completed with the final deliverable made per the attached project schedule (Exhibit C). '. '-" ...., Exhibit B ST. LUCIE COUNTY - CONTINUING ENGINEERING SERVICES (STORMWATER) BCI COSTS BY TASKS Project Name: Work Order 2- Camino Court Culvert Replacement and Canal Restoration Pro St. Lucie County Project Manager: BCI Project Number: Date: Michael Wrock, P,E. W191066B,20 1B-Jun-01 Sheet 1 of 1 TASK ACTIVITY Field Reconn.lData Collection $3,611.42 2 Coarse Level Modeling for System Peak Flow Rates $902,54 3 Permit Exemption Preparation (FDEP Dredge/Fill) $3,091.47 4 Construction Drawing Preparation $3,552.46 5 Specifications Preparation $3,103,39 6 Project Meetings/Status Reports $3,276.49 Total Work Order Cost $17,537,77 TOTAL LUMP SUM COST $17,537.77 ~ '-" """'" u I C ) c I I~ :00:' :: l:i a> :::~, ~ "S: '-- a> I /æ: a::: a> 'S: - ~ - "!: - I .. a> (jj :dfiõXii; a::: .8 2:- - ..!!! - E - - I i= u - It::ö r::: :J C ) U :J - C) - ü - 'õ' I 0 0 a> Ü - a::: I- m - ... I UI UI UI Il. 2 - a> f- a> l- s::: I II) 1§ ro 0 0 0 '5 - '5 - '5 I- :ø 1'& r::: r::: ..!: f! .s I~ 'UN,' I tJ) I $, 'Q:;: C ) a:: iii s::: tJ) cu ( ) 0 - ~ CIS "'C a::: ü: !: 3: -.. (/ cu ( ) !: - 0 C) III !: u.. "'C a.. C ) ..x: ~ III E CIS 0 C ) ( ) a.. !: u a.. w ü: cu !: E 0 -.. Q. !: 0 2 u.. 0 (/) C ) :ø --- :¡:¡ t a:: u.i (/) Q. >- !: ~ 0 1:: c.: .¡: U) 0 III a. C ) u :¡:¡ a. ( ) C"'! tJ) .... III !: a::: ~ ~ !: .E .... ~ 0 CI) C ) 0 III :J U C a.. :¡:¡ tJ) 0 e to :¡:¡ C) a. ~ ::3 to U !: ~ C) 1U 1:: ;: Q Q) Q) a.. c: III - ... 0 "§: a. U) :J en "'C s::: ~ ã) ü -.. 0 ... 0 0 III ~ 0 cu ;: ~ .... a.. ... III :¡:¡ 0 a .c Q - a. (/ .5 u - III Q) E c: c: - !: ¡¡ L.: CI) 0 > 0 0 Q) ( ) Q) E C ) ;;; ~ Q) >< =fl :¡:¡ ~ JJ ë¡¡ ...J w III cu L.: C ) ::3 U ~ 0 C ) E a:: :> Q) - .... ¡¡:: õ ~ "Ë - '0 !: I g :J - "'C (/) Q) z ... III s::: 8 'õ' :J N cu Q Q) .... a !: 0 Q) 0 .... ... - Q ü: Ü a.. Ü U) a.. 0 C ) cu U N 0 C ) "'C :E C ) as ... ..... 'f:.) 0 - e ..x: - u ... :.c :J ..x: C ) Il. C ) tJ) T'"" N ('I) 'V 1.0 CD .c ....I ... 'õ' Õ !: ~ >< .,I ~ ... :J W C/) Il. !XI "") I I I I I I I t f - '-" AGENDA REQUEST ~TEM NO. C-2b DATE: August 21,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] . TO: BOARD OF COUNTY COMMISSIONERS PR~T~ '--' P. M. Bowers, Man age r Road & Bridge Division t t SUBMITTED BY: PUBLIC WORKS DEPT-ROAD & BRIDGE DIV SUBJECT: Permission to advertise the U. S. #1 Median Maintenance Contract, see bid specifications attached. 4t BACKGROUND: The current contract for U. S. #1 Median Maintenance will expire on September 30,2001. This contract does not have any extensions available at this time. Staff is requesting permission to advertise for the new Median Contract, for a three (3) year term, with an option for a two (2) additional one (1) year periods. The new contract will be effective beginning with the new fiscal year on October 1, 2001. . FUNDS AVAILABLE: 101-4110-534000-400 - Other Contractual Services 4 PREVIOUS ACTION: N/A . RECOMMENDATION: Staff Recommends that the Board grant permission to advertise for the U. S. #1 Median Contract. 1 [x] APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: . u sM. Anderson County Administrator (J ~ GJ [X] Mgt. & Budget ~ '/}1 [XI Purchasing ~{ ~. [X] County Attorney . [X] Originating Dept. Public Works ~/ Coardinatinn/Sionatures [ ] Co. Eng [ IOther [ ] Finance (check for copy only. if applicable) "-" """'" MEDIAN MAINTENANCE BID SPECIFICATIONS The County is requesting quotes to provide mowing, edging, trash pickup and etc. as listed in the attached bid reply sheet. Work is to be performed only on the median of U.s.1 from Riomar Drive to Huffman Road. Area outside the travel lanes is not part of this work. 4 1.1 TYPES OF SERVICES - Selected Bidder will be required to provide the following services during the term of the contract. Where services are specified as "periodic services," Bidders shall complete the information requested on the Bid Reply Sheet. 1.1.1 Mowing of all grass areas to be uniformly cut at a height of 2 W' to 4". Changes in height directed by the Road & Bridge Manager or his designee will be done at no additional charge. Any trash/debris found shall be picked up and deposited in appropriate receptacles prior to mowing. Mowing such materials is not acceptable. 1.1.1.1 Equipment shall have cutting blades maintained in optimal condition to ensure grass is evenly cut without a "tearing" effect which would negatively affect growth, health and appearance of grass. 1.1.2 Estimated Number of Annual Mowings - The estimated number of mowings to be performed by the Selected Bidder is specified on the Bid Reply Sheet. 1.1.3 String Trimming performed Around or up to all- Posts, poles, planting beds, trees, ponds, curbs, walks and other similar areas as are present on the grounds. Trimming shall be done in a manner which will provide a uniform manicured appearance. Caution shall be of utmost importance where people are present. 1.1.4 Power Blade Edging shall be performed along walk areas or any similar areas as are present where string trimming will not provide the optimal appearance and/or effect. Total area is 21,742 linear feet. 1.1.5 Cleanup Parking lots, driveways, walks, and any other similar areas present on the grounds shall be cleaned of cuttings and debris by use of power and/or hand equipment. Such cuttings as may require cleanup shall be removed from the site by the contractor on the date of service or within the next day's hours of 7:00 a.m. Page 1 of 3 ~ ...., to 10:00 a.m. at the latest. No cuttings dispensed from mower shall be blown into plant beds. Note: trash, cigarette butts, or debris shall be removed prior to commencing work. 1.1.6 Weedeating of beds. Walkway cracks. and any and All Pertinent Areas of the grounds shall be completed with each mowing service. The use of herbicides shall be authorized by the Road & Bridge Manager or his designee. Herbicide applications may be use up to two (2) times per year on the beds and trees. « 1.1.7 Diseased or Damaged Plant Material Any sick, diseased or damaged plant or tree material shall be punctually reported to the Road & Bridge Manager or his designee. 1.2 PERIODIC SERVICES are as follows. Bidders shall complete the applicable sections of the Bid Reply sheet indicating their bid for these services. Services which are being quoted as provided by subcontractor(s) shall be noted on the Bid Reply Sheet with the Subcontractor's name, address, telephone number. County shall require references of any sub-contractor for due cause. Trimming shall be done in a manner which will provide a uniform manicured appearance. 1.2.1 Twice per year - Tree pruning/dead limb(s) removal. This section includes all trees on the property needing pruning and/or limbs removal. 1.2.2 Three per year - Shrubbery and plants/pruning/trimming. 1.2.3 Twice per year - Fertilization of turf with Lesco 15-5-15. Approximate number of bags is 35. Plants and trees shall be fertilized with Lesco 12-2- 14 70% P.P.S.C.U. Approximate number of bags is 9. 1.2.4 Three per year - Insecticide treatment using Lesco Dursban ant treatment granules. Approximated number of bags is 22. 1.2.5 When needed - Supply price for all combined beds to turn existing mulch. 1.2.6 When needed - Supply price per cubic yard installed for red dyed recycled mulch. 1.2.7 Four per year - Herbicide concrete medians using Sahara herbicide. 1.3 Damage During Performance - Damage to trees, plants, buildings, structures, parked vehicles, or other property of the County or the public which occurs during the performance of contracted services, shall be reported immediately by the Selected Page 2 of 3 '-" '....", Bidder's staff to the Road & Bridge Manager, P. M. Bowers or his designee. A written report shall be completed by the Selected Bidder for submittal within twenty-four hours. Damages during closed hours/days shall be reported to the Sheriff's Department Duty Officer with a request to call Mr. Bowers, as necessary. 1.3.1 If applicable, the Road & Bridge Manager or his designee shall determine the cost of necessary repairs or replacement and advise the Selected Bidder in writing. Where costs are involved the Road & Bridge Manager and Selected Bidder shall mutually arrive at an agreeable cost. The Selected Bidder shall be afforded the opportunity to have repairs made or provide replacement as approved by the County or shall punctually issue reimbursement within a time frame as approved by the County. All such matters shall be put forth in writing and signed by both parties. Page 3 of 3 '¡; ::r o = ~ >z ~š Ci1 ~ ¡¡, 0 ¡¡, ~ IJ: ¡:: ¡¡, ::ï ~ ¡¡, ¡¡, ~if;¡ ¡::.§ ......"0 n ...... ::r« Rc ...... = ¡¡, ....... !:oJ ...... ...... ~ 0.. a « (þ 0.. :::0 ~ n « n ...... ('II 0.. 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'"d § ....... ¡¡, N V) ~ "0 ...... ...... n ~ õ· = '"rj '"d ~ 0 a. :.;J ~ ~ ~ IJ: E:!. ...... o ~ = R" o t'I:I ~ 0- ~ ( Q . s· ~ ( Q N V) ~ "0 ...... ...... n ~ ....... õ· = 'wi ...... 0"\ V) ~ "0 ...... ...... n ~ õ· = V) V) V) V) V) ~ o :.;J S' (Iq ~ = 0.. ~ !:oJ s· ....... (þ = § n ~ IJ'J ~ ::! ...... n ~ ¡¡, IJJ I'Þ ., -< IJJ ~ .... I'Þ ., I") I") I'Þ I'Þ ~~. s- ==0" _~I'Þ : ., !:? "C -"., 000 ~::!-< - - .... """~~ .... = I'Þ ~I")~ IJJI'Þ "C ~ ~ I'Þ _. ., I") - I'Þ '" ::' = - .... ., I'Þ W N '"Ì ...·2 ~i3o I'Þ I'Þ . ~"'o ., "'= I'Þ ~ ., V) ~ "0 ...... ...... n ~ ....... õ· = (j o '" - "C I'Þ ., > "C "C - .... I") ~ - .... o = > = = = -~ - - I'Þ (j i3 0 '" - "C I'Þ ., . = ~ c::~ ;:;:10 ......e ~o e:~ § t'!'j ~ ~. ~ cfJ~ t"'i ~ ""'" ....,¡ USAMPLE CONTRACT" US #1 MEDIAN CONTRACT 4 THIS CONTRACT, made this day of 2001, between ST. LUCIE COUNTY, a political subdivision of the state of Florida, hereinafter called the "COUNTY", and , or his, its or their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH: 1. PURPOSE/DESCRIPTION OF WORK/WORK ASSIGNMENTS That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to do all the Work and furnish all the materials, equipment, supplies, and labor necessary to carry out this Contract in the manner and to the full extent as set forth in the Contract Documents, and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. It is agreed that the work to be done under this Contract is mowing and related services for US1 from Rio Mar Dr. south to Huffman Road as set forth in the Contractor r s Bid Quote Reply, attached hereto and made a part hereof as Exhibit "A". Any conflict between the terms and conditions of Exhibit "A" and the terms and conditions of this Contract, shall be interpreted in favor of this Contract. Specific work assignments will be initiated as directed by the County Project Manager. 2. PROJECT MANAGER The Project Manager for the County is Mike Bowers (561) 2717. The Project Manager for the Contractor is 462- at 3. TERM: TIME OF PERFORMANCE The Contract term will begin at the date found above or October 1, 2001, whichever is later, and terminate, September 30th, 2004. At the option of the parties this Agreement may be renewed for two(2) additional one(l) year periods upon the same terms and conditions -1- '-' ....., herein specified and at the rate specified in the bid response for option year. This option shall be deemed exercised and the contract renewed for an addi t ional one (1) year period upon the County'S written notification to Contractor that it will exercise this option to renew. Such written notification shall be given thirty days prior to the expiration of this Contract. All work shall be completed within the time frames set forth in work assignments. The work shall be conducted in such a manner and with sufficient labor, materials, tools, and equipment necessary to complete the work within the time limit set forth in the Contract. Should the organization of the Contractor, or its management, or the manner of carrying on the work be manifestly incompetent, or inadequate to do the work specified within the stated time, then the County shall have the right to take charge of the work and finish it and provide the labor, materials and equipment necessary to complete the work as planned within the required time and to charge the cost of all such work against the Contractor and his, or its Surety shall be held responsible therefore. The Contractor fully understands and agrees that the County shall not pay for any obligation or expenditure made by the Contractor prior to the effective date of this Contract, unless the County authorizes such payment in writing. 4. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and satisfactory completion of the project in accordance with the terms and conditions of this Contract in accordance with the rates set forth in Exhibit "A". 5 . AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. -2 - '""" '..I 6 . GUARANTEE The Contractor guarantees to repair, replace or otherwise make good to the satisfaction of the County any defects in workmanship or material appearing in the work within one year after the day the work is accepted by the County Project Manager. Contractor further guarantees the successful performance of the work for the service intended. Neither inspection nor payment, including final payment by the County shall relieve the Contractor from his or its obligations to do and complete the work in accordance with this contract. If the County deems it inexpedient to require the Contractor to correct deficient or defective materials or labor, an equitable deduction from the contract price shall be made therefore or in the al ternati ve, the County may sue for damages. This guarantee is in addition to any other warranty available to the County for the Work including but not limited to manufacturers warranties. 7. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility of the work and shall bear all losses resulting to him, or it, on account of the amount or character of the work, or because of the nature of the ground in or on which the work is done is different from what was assumed or expected, or because of bad weather, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract Documents because of any other causes whatsoever. 8. INDEMNIFICATION The Contractor covenants and agrees at all times to pay on behalf of and to save, hold, and keep harmless the County, its Officials, Employees, Agents, and volunteers and indemnify the County, its Officials, Employees, Agents, and Volunteers against any and all claims, demands, penalties, judgements, court costs, attorney's fees, and liability of every kind and nature whatsoever arising out of or in any way connected or arising out of the performance of this Contract. The Contractor hereby acknowledges that the payments made under this Contract include specific consideration for the indemnification provided herein. - 3- '-" ...., 9. INSPECTION The work will be inspected by the Project Manager for the County and will be rejected if it is not in conformity with the Contract provisions. Rejected work will be immediately corrected by the Contractor. When the work is substantially completed, the Contractor shall notify the County in writing that the work shall be ready for final inspection on a definite date, at least three (3) calendar days thereafter, which shall be stated in such notice. 10. INSURANCE Commercial General Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability insurance to include: 1) premises/operations, products/completed operations, (including XCU hazards) and personal and advertising injury for limits of not less than $1,000,000 per occurrence; 2) fire damage for limits of not less than $100,000 per occurrence; 3) medical payments for limits not less than $5,000 per person and 4) a general, per contract/project, aggregate limit of not less than $2,000,000. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $500,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non-renewal. -4- '-' ......, 11. DEFAULT: TERMINATION Either party may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Contractor for all authorized work performed through the termination date. 12. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Contract or in the event of any action by any party to this Contract to judicially interpret or enforce this Contract or any provision hereof, or in any dispute arising in any manner from this Contract, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 13 . NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: with A Copy To: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be -5- '-' ., deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 14. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carryon the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 15. MEDIATION Prior to initiating any litigation concerning this Contract, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 16. INTERPRETATION: VENUE This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is -6- ,-",. ...., necessary for either party to initiate legal action regarding this Contract, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has signed his, its, or their name, or names the date aforesaid. ST. LUCIE COUNTY, FLORIDA WITNESSES: BY: Print Name: Title: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: BY: AUTHORIZED REPRESENTATIVE Print Name: Title: C,\WINDOWS\TEMP\median contract Ol,wpd -7- ,., '-' AGENDA REQUEST ..",; ITEM NO. Q-/}~ DATE: August 21,2001 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Academy Drive MSBU Potable Water Improvements - F.P.U.A. Request Permission to Advertise for the Second Public Hearing BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: June 13, 2000 - Board accepted petition and granted permission to advertise the Initial Public Hearing July 18, 2000 - Initial Public Hearing held. Board created MSBU and authorized County Engineer to proceed with project. . RECOMMENDATION: Staff recommends that permission be granted to advertise for the Second Public Hearing. In the opinion of staff, this public hearing is recommended to be held on September 18, 2001 which is a night Board meeting. ~ COMMISSION ACTION: [x] APPROVED [ ] OTHER: [ ] DENIED 4 Coordlnatlon/Slanatures [x]County Attorney ~ÐJ~ [ JMgt. & Budget [X ]Co, Eng [ ]Purchasing [IOther (x Public Works Dir [ ]Finance -,.., , '-" ...,,¡ COMMISSION REVIEW: August 21, 2001 ENGINEERING MEMORANDUM NO. 01-216 TO: Board of County Commissioners FROM: Donald B. West, County Engineer DATE: August 10, 2001 SUBJECT: Academy Drive MSBU - Potable Water Improvements - F.P.U.A. Request Permission to Advertise for the Second Public Hearing BACKGROUND: The property owners of the Academy Drive MSBU petitioned St. Lucie County to establish a Municipal Service Benefit Unit (M.S.B.U.) to fund the costs necessary in bringing potable water improvements to their subdivision. The water system would be owned, constructed and maintained by the Fort Pierce Utilities Authority. The initial petition received represented fifty (50%) percent in support of the project. On March 8, 2001, the property owners were notified by mail of their tentative assessment and that a second informal meeting would be held on March 22, 2001 to further discuss the project. The notification also stated that the County Engineer would proceed directly to the Second Public Hearing recommending adoption of the assessment roll and to commence construction of the project. The second informal meeting was held with County staff and FPUA representatives on hand to discuss the construction layout and design of the water system, the method of assessment, and the tentative assessment amount. After certain revisions were made to the design and assessment amount, it was the consensus of those present to proceed with construction of the project and the levy of the assessments. RECOMMENDATION: Staff recommends that permission be granted to advertise for the Second Public Hearing. In the opinion of staff, this public hearing is recommended to be held on September 18, 2001 which is a night Board t meeting. cc: Staff Concurring OMS Manager Finance Director Tax Collector Property Appraiser ," ..-,y .-.. 0 "- i'O ~ I I , J I I , I I I I , I I I , 1-- I f I I I I I I "'8 ». o§ ~ '- ...., t... " '" - '" 110.18 ... 0, ... '" "0 <I' '" g: '" o ... 70 0, '" ( 137.91 '" U1 137.91 - ... ~ '" 138.43 -¡" ¡;;;... o ( '" ¡" ... ig 139.04 ... <I' ( :g ~ 139.&4'" OJ 8 <;: ~ 1-40.17 fT < ... » '" ;u o ... <I' I'\) Q 140.69 ( "0 ( '" Q '" 0, r\) en " 1-41.29...., '" '" ¡" ... ~ g: ~ ¡" Wt.9 ...... ~ ... ... '" 142.12 ~ ~ 142.56 ... '" .... '" 70 <;: ~ 142.67 60 Ii: Ii: ... 60 '" ¡n- o", '" ,A 130 VI :x: ( 110 T 0 '" ;0 » 110 ( ~ '" 0 0> Z 0 Ú\ .-..........------^...~".. ~. ~__L;,,;.~.: 'O II;i..~'..:,.;, '---'.~.;.),. 'IV:', ~ ...., ACADEMY DRIVE HSBU <;: ~ '" 110.18 -- ~ ... '" 110 ~ ~ 110 g:¡¡ :g 155 65 75 110 85 g8¡g 75 ~ 00: 75 75 85 -~::: (5O'tO - '" o <0 85 '" o DEVONSHIRE DRIVE C> o 60 0> '" ¡" ... 85 75 75 75 75 85 75 =~ o 75 75 g~õ~ä~õi:o~og: 85 75 75 75 75 75 75 75 85 .... <:: '" ...,. ... '" ~¡¡¡'?è ~ t::.I.I.. ¡:;.b" 4: ~ ... I\) .... ~ <::... ... .... 85 75 75 75 75 75 75 75 '" o CAMElO T DRIVE 75 75 '" o 85 75 75 75 75 75 8 - '" ... '" .. ~ ~ -"'~ ~O)~ ¡;;.... ... '" ¡;;", ...0, ~~~~ <::'" .. .... ¡;;", ... .... 85 75 75 75 75 75 75 75 85 ¡;; - .. <0 ~ ~ ¡;; '" ... - ~ ~ ~ ~ ~~ ¡;;", ...0, ~~ ¡;;"," ......,.... 65 75 75 75 75 75 75 75 65 '" o BEDFORD '" o 85 75 75 75 75 75 75 75 ~·è ... <A :::: ... ~~ ¡;; - ... ... ..- ...", ~ tà ~lñ 85 75 75 75 ~ ~ I\) ~ l..t ~"'" 5 75 75 75 ACADEMY o 419.27 107.48 OJ'1J r- r '" <~~... o»"'~ -' 292.52 TRACT "A" 1J.TRACT "S' ¡"~--.'.' 751~ (J1 60 110 '" o '" 110 g " 110 '" o ... U1 125 0> :>: o <0 125 ~ ~ 125 ~ g C r- fT ( < 0 ?ù o :;;: ...,. 125 ~ 125 - '" ... 0, \.., 125 D 251 ;-' ""' <:: "-> N( » o 2~ . 125 ¡;;; ... ......i -l>.." ~ §~! o ,,81 I\)Q I '- . I i , , -- i f · '-", ....;.¡-:.~. ~ ....,: 4 4 · · t "" AGENDA REQUEST ~TEM NO. C2D DATE: August 21, 2001 CONSENT X] REGULAR PUBLIC HEARING · Leg. ] Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: · SUBMITTED BY: Puhlir. Works Department Sandy Bogan, Superi Oxbow Eco-Center · RITR.TRC'!' . Budget Amendment 01-170 / Equipment Request EQ01-282 BACKGROUND: The Oxbow Eco-Center is requesting to purchase a flexcam high resolution video camera and lens on a 27 inch flexible wand that provides for live, as it happens, color images for group viewing. Images are transmitted onto a TV or video monitor to display fragile objects and microscopic specimens with incredible detail. This highly versatile video system can be used for live remote views of river and forest life and images can be recorded on VCR and video compatible PC's. It can also be used as an overhead projector for graphs, maps, pictures, and diagrams. Other features include a lighted specimen chamber for viewing slides and specimens in petri dishes, as well as a built in microphone, cable accessories, and storage cabinet. This is an exciting interactive educational tool that will enhance lesson plans and foster knowledge through vision. The apparent low quote for this time is $995.00. FUNDS AVAILABLE· Funds are available in 001-7912-551200-700 (Equipment will be transferred via the Budget Amendment to (Machinery & Equipment) . less than $750) and 001-7912-564000-700 PREVIOUS AC'!'TON· N/A RECOMMENDATION· Staff recommends approval of Budget Amendment BA01-170 and Equipment Request EQ01-282. · COMMTSSTON AC'!'TON' [X] APPROVED [ [ ] OTHER: DENIED County Attorney: : ~h.Orh "Jl0 Mgt &c::::::~tj:nkõi^t\Â~ Purchasing: x/f ~ Rri eJnp MRnR\lpr ~ Originating Dept: Other: Other: 'R()~n Finance (copies only): AGENDAO 1 """ ß CI) s; UJ a:: Q) ..... t ......=::::~..Ec: Q) tCo,OQ'- :S ;:~~Q)(/) .... -0 = 5: 'Õ' I:: 0 I::::"Q)"Q) - ro ro '- Q. E: CI) 5:ë5.~-o·õ 0 Q) .!(! .S:) æ Q) ° :Q"00-E~ Q) 0 'x .2 ~ §; -0 ¡:; <:) . <: Q) ..... I:: ;:2 G::O Oro .~ , ~ -t::t::§;I::CI) 8 (Jt:~C'CQ) CI) <:) 4 1::°..... -0 'S ~ '- E: 0 CI) '- 0 f'o... \oh;C'Cèìj "§, >- ('\ g -0 -0 01 10 , ex:¡ ro :E g¡ g¡ .s :::J ('\ e ..... U) I- ~ I:: ~ :::J :::J 5: R: 0:: ::> UJ 0..... 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BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: PREPARED DATE: AGENDA DATE: OMB/Public Works - Env Learning Center 08/15/01 08/21/01 · TO: 001-7912-564000-700 $995 · · FROM: 001-7912-551200-700 E ui rnent < $750 $995 REASON FOR BUDGET AMENDMENT: To urchase a flexcam hi h resolution video camera and lens for the Oxbow Eco-Center. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: 01-170 G:\BUDGET\QUA TTRO\GENERAL\FORMSIAMENDM01,wb3 , ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-" "" Agenda Request Item Number Date: ..s-A August 21, 2001 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development ¡rector Consider Final Plat Approval for the Dravo Subdivision On July 30, 2001 the Community Development Director approved Administra ve Order CD-01- 011, which granted Minor Site Plan approval for a 3-lot residential subdivision on a 9.14-acre parcel of land east of South US #1, in the Port St. Luciel River Park area 01 the County. This Minor Site Plan! Subdivision is to be known as the Dravo Subdivision. Specifically, the subject parcel is located at the southeast corner of the intersection of McQuillen Road and Silver Oak Drive. McQuillen Road is a private, non-county maintained, roadway that runs along the south side of the Savannas State Preserve. Silver Oak Drive is a 1 DO-foot wide public right-of-way. No additional right-ol-way is being required as part of this plat approval. Currently the parent parcel of this subdivision has two residential structures on it. The proposed division of the property into three separate single family lots will result in each existing home being on a separate lot with one vacant lot remaining to be built upon. The smallest of the three lots in this subdivision is to be 1.86 acres. The minimum lot size in this area is one acre. Since there are no public roads or other required infrastructure being constructed as part 01 the division of this property, there are no special bonds or other forms of security to be posted with this development. N/A N/A Staff recommends that the Board approve the Final Record Plat for the Dravo Subdivision and authorize staff to complete the final processing of this plat. DENIED County Attorney Originating Dept.: Finance: Douglas M. Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND573) -.;¡ ~ '-" -....J Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division . MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Final Plat Approval for the Dravo Subdivision On July 30, 2001 the Community Development Director approved Administrative Order CD-01- 011, which granted Minor Site Plan approval for a 3-lot residential subdivision on a 9.14-acre parcel of land east of South US #1, in the Port St. Lucie! River Park area of the County. This Minor Site Plan! Subdivision is to be known as the Dravo Subdivision. Specifically, the subject parcel is located at the southeast corner of the intersection of McQuillen Road and Silver Oak Drive. McQuillen Road is a private, non-county maintained, roadway that runs along the south side of the Savannas State Preserve. Silver Oak Drive is a 1 DO-foot wide public right-of-way. No additional right-of-way is being required as part of this plat approval. Currently the parent parcel of this subdivision has two residential structures on it. The proposed division of the property into three separate single family lots will result in each existing home being on a separate lot with one vacant lot remaining to be built upon. The smallest of the three lots in this subdivision is to be 1.86 acres. The minimum lot size in this area is one acre. Since there are no public roads or other required infrastructure being constructed as part of the division of this property, there are no special bonds or other forms of security to be posted with this development. Staff recommends that the Board approve the Final Record Plat for the Dravo Subdivision and authorize staff to complete the final processing of this plat. ICP evelopment Director DJM/ DRAV01(h) cc: County Administrator County Attorney County Surveyor .. '" ~ ~ '" 0 I ~ ¡¡j.. 0 \:1¡ . c:J OJ I! ¡; ¡!" . z~'" '" I-LLI I'll. .: " . .. <0 .id ,'IJ 3 b 0 f") -'< ~I;:! ;:t i i !;~Z!!!< ffið~ :~/~ {l.{l. ¡;¡: '-hI'i Ffi < :5 '" I I I I II{', . r~~< . ;I·~; :. LL !I!~ ..hi !i 0 .'" 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""E-< O~MIZI ,...:¡::.: C\! :;10 Z o 0 c¡ ¡:Q ...... ZE-< t ......< ¡;,::¡ ¡;,::¡....:¡ IZI I!:I¡:¡.. II I ri¡ I II ~: L__ / .<1... -I Šo " §! ; ~ ¡ ¡¡ ; / o :> ~ ~ ¡:::::¡ AI !I ¡::¡I j. 3 sli" :¡ O'I";:¡ II t.J -;; ~. ::>: I ¡3 ~í I I ¡ I. I .1 I !: I I CQ . E-< i~ 0=5 ~ .t~ ~ ! I. ,I ~ 1/ ,.; " ;;; :3 i i . ~ ;., J~ t ~ § ~ U E-< ij; g o ~! ~ ,...:¡ -. -<: . Eo-< ~; o .¡¡ ,...:¡ ., i- _ _ - ",'Ò<t" ." I T - ......'""". .,. AI" - u~'- "-,,aa -"" -1; I--! ""0 .:fA1IS1f -- I II ; I I i I .. .: , ~ ~: , --'- I -...-,..; . ...~ _r':-.....~-;.:_-:,'~r~J~J~":t¿~%~~~~~\·~~'I..~Nç:··.·.;~:-7:~.~. . . f_.·~ COMMISSION ACTION: IT] APPROVED D DENIED D OTHER ~ ~, To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney Originating Dept.: Finance: '-" ...., Agenda Request Item Number :s. is Date: August 21, 2001 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development tor Consider Final Plat Approval for the Herndon Estates Subdivi Ion On March 28, 2001, the Community Development Director approved Administrative Order CD- 01-006, which granted Minor Site Plan approval for a 3-lot residential subdivision on a 25 acre parcel of land along South Header Canal Road, west of Ft. Pierce, approximately 1 1/2 miles south of Okeechobee Road. Specifically, the subject parcel is located just south of the Hidden Acres subdivision. This Minor Site Plan! Subdivision is to be known as the Herndon Estates Subdivision. The smallest of the three (3) lots in this subdivision is approximately 8 acres. The minimum lot size in this area is five acres as required under the AG-5 zoning district. Because this subdivision has certain required access and other infrastructure improvements associated with it, final plat authorizations cannot be granted by the County until either a security bond for the improvements is posted, or the required improvements area constructed and certified to the County as being complete. The County has received the required bonding certifications from the project engineers for all required site improvements. N/A N/A Staff recommends that the Board approve the Final Record Plat for the Herndon Estates Subdivision and authorize staff to complete the final processing of this plat. CONCURRENCE: Douglas M, Anderson County Administrator Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND574) '-" ....,,; Commission Review: August 21 , 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Final Plat Approval for the Herndon Estates Subdivision On March 28, 2001, the Community Development Director approved Administrative Order CD- 01-006, which granted Minor Site Plan approval for a 3-lot residential subdivision on ã 25 acre parcel of land along South Header Canal Road, west of Ft. Pierce, approximately 1 1/2 miles south of Okeechobee Road. Specifically, the subject parcel is located just south of the Hidden Acres subdivision. This Minor Site Plan/ Subdivision is to be known as the Herndon Estates Subdivision. The smallest of the three (3) lots in this subdivision is approximately 8 acres. The minimum lot size in this area is five acres as required under the AG-5 zoning district. Because this subdivision has certain required access and other infrastructure improvements associated with it, final plat authorizations cannot be granted by the County until either a security bond for the improvements is posted, or the required improvements area constructed and certified to the County as being complete. The County has received the required bonding certifications from the project engineers for all required site improvements. Staff recommends that the Board approve the Final Record Plat for the Herndon Estates Subdivision and authorize staff to complete the final processing of this plat. DJM/ HERNDON1 (h) cc: County Administrato County Attorney County Surveyor Eric Zeiss, C& T . ,._-~._.._----_.- '-' ." I · · · · I I ! .- ·11 :. .. ; I "',089 I "',0£9 I I i I I I . " ~ . ,,¡¡ ~m 25 ._ I ,I ~ ~ r I ~ I ~ I . - - -~ ---- -- I ~ p 08 .... ~ 'O":)'''TT!>>I - ..~ _ "'»'1:) IDICIftII JW)OS ! I :! ";' ~ S ~ i ~ - )1 , ~ ~I '. '. ;. .. I · IS i I I ' I' I I ~ I I : I ¡¡ .. 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Date: August 21, 2001 Consent Regular Public Hearing Leg, [ ] (X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Consider Final Plat Approval for the Nau Ranch Subdivision On June 8, 2001, the Community Development Director approved Administrative rder CD-01- 010, which granted Minor Site Plan approval for a 4-lot residential subdivision on 22 acre parcel of land located west of the intersection of Port St. Lucie Boulevard and Becker Road. The Nau Ranch parcel is one of few remaining unincorporated enclave areas that lie_ within the general area of the City of Port St. Lucie. This proposed subdivision of property will take the 22 acre, rectangular shaped tract, and divide it into four (4) individual lots. The average parcel size of these lots will be five acres. The current zoning on this property (AR-1) would permit development of one acre parcels, however, due to a lack of road frontage, the five acre parcel layout is the smallest that could be obtained on this tract without substantial infrastructure construction. Access to Parcels B, C and 0 is via individual residential lots located within the City of Port St. Lucie. Reference to these lots and the tie-ins to parcels B, C and 0, is as shown on the Dedications section of the face of the proposed plat. During the site plan review process, the property owners, through their agents, were asked about their intentions to annex these parcels into the City of Port St. Lucie, We have been advised that . they do not wish to seek voluntary annexation into the City, at this time. Since there are no public roads or other required infrastructure being constructed as part of the division of this property, there are no special bonds or other forms of security to be posted with ~ this development. , N/A N/A . Staff recommends that the Board approve the Final Record Plat for the Nau Ranch Subdivision and authorize staff to complete the final processing of this plat. 4 COMMISSION ACTION: LJÐ APPROVED U DENIED D OTHER County Attorney Originating Dept.: Finance: Douglas M. Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND575) " '-' ...., Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Final Plat Approval for the Nau Ranch Subdivision On June 8, 2001, the Community Development Director approved Administrative Order CD-01- 010, which granted Minor Site Plan approval for a 4-lot residential subdivision on 22 açre parcel of land located west of the intersection of Port St. Lucie Boulevard and Becker Road. The Nau Ranch parcel is one of few remaining unincorporated enclave areas that lie within the general area of the City of Port St. Lucie. This proposed subdivision of property will take the 22 acre, rectangular shaped tract, and divide it into four (4) individual lots. The average parcel size of these lots will be five acres. The current zoning on this property (AR-1) would permit development of one acre parcels, however, due to a lack of road frontage, the five acre parcel layout is the smallest that could be obtained on this tract without substantial infrastructure construction. Access to Parcels B, C and D is via individual residential lots located within the City of Port St. Lucie. Reference to these lots and the tie-ins to parcels 8, C and D, is as shown on the Dedications section of the face of the proposed plat. During the site plan review process, the property owners, through their agents, were asked about their intentions to annex these parcels into the City of Port St. Lucie. We have been advised that they do not wish to seek voluntary annexation into the City at this time. . 1 Since there are no public roads or other required infrastructure being constructed as part of the division of this property, there are no special bonds or other forms of security to be posted with this development. Staff recommends that the Board approve the Final Record Plat for the Nau Ranch Subdivision and authorize staff to complete the final processing of this plat. P velopment Director (h) County Administrator County A«omey County Surveyor COMMISSION ACTION: ~ APPROVED 0 DENIED o OTHER To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: County Attorney Originating Dept.: Finance: '-' '-' Agenda Request ~.þ August 21, 2001 Item Number Date: Consent Regular Public Hearing Leg, [ ] [X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Request of Joseph Gorham for an exemption from Section 11,0 . 9(A)(5), St. Lu ie County Land Development Code requiring the preparation of an Envir6nmentallmpact R port for the Papaya Grove Subdivision - Minor Site Plan. The developer of the Papaya Grove Subdivision is proposing to construct a five-lot residential subdivision located on a 32 acre parcel of land along the east of side Seminole Road, approximately 1/2 mile north of Immokolee Road. The developer of the Papaya Grove Subdivision is requesting that the Board grant relief from a portion of the requirements of Section 11,02.09(A)(5) of the St. Lucie County Land Development Code (LDC). Section 11,02.09(A)(5)(e) requires that all site plans with a land area exceeding 10 acres in overall size include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The proposed Papaya Grove Subdivision is located within an old papaya grove, The grove is no longer in production and most of the trees have either died off naturally or been removed. The site is currently vacant with only the old grove beds remaining. The site contains no unique or environmentally special habitat. There are no observed wetlands on this site. The site has no known habitat for any threatened or protected species. Staff has visited the site and did not observe any threatened or endangered species. N/A N/A Staff recommends approval of the request of the Papaya Grove Subdivision for relief from the requirements of Section 11.02,09(A)(5) of the Land Development Code. ONCURRENCE: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND572) , .. '-' ...., Commission Review: August 21 , 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Dennis Murphy, Interim Community Development Director DATE: SUBJECT: August 8, 2001 Petition of the Papaya Groves Subdivision for relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code - Environmental Impact Report (EIR). The developer of the Papaya Grove Subdivision is proposing to construct a five-lot residential subdivision located on a 32 acre parcel of land along the east of side Seminole Road, approximately 1/2 mile north of Immokolee Road, The developer of the Papaya Grove Subdivision is requesting that the Board grant relief from a portion of the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code (LDC). Section 11.02.09(A)(5)(e) requires that all site plans with a land area exceeding 10 acres in overall size include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The proposed Papaya Grove Subdivision is located within an old papaya grove. The grove is no longer in production and most of the trees have either died off naturally or been removed. The site is currently vacant with only the old grove beds remaining. The site contains no unique or environmentally special habitat. There are no observed wetlands on this site. The site has no known habitat for any threatened or protected species. Staff has visited the site and did not observe any threatened or endangered species. Staff recommends approval of the request of the Papaya Grove Subdivision for relief from the requirements of Section 11.02.09(A)(5) of the Land Development Code. If you have any questions on this matter, please let us know. DJMI PAPAYAGROVESEIR1\ EIR WAIVERI EIR·MEM,wpd cc: County Administrator Ass't County Administrator County Attorney Joseph Gorham File .. '-" ...., , · · View along Seminole Road Looking North Showing intial drainage swale"and Staked 60' Right of Way · t · · View of Property looking NorthEast from Seminole Road ~ ;::.. '-" ....", · · 4 I View of Property looking Westerly from :o:ea!' of proper':y t · · · 4 View of planted Papaya Area (Badly Freeze Damaged) on southern portion of property To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: '-" """" Agenda Request Item Number .s ~ c;. Date: August 21, 2001 Consent Regular Public Hearing Leg. [ ] · [ X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development Dept , 4 Lennard Road SAD - Road Impact Fee Credits As the Board may be aware, the City of Port St. Lucie has begun the reconstruction of the portion of Lennard Road, south of Port St. Lucie Boulevard, from a two lane unpaved roadway to a four lane divided roadway. Primary funding for this improvement is being provided through a Special Assessment District (SAD) that the City created for this specific purpose. Repayment of the bond obligations for this improvement will be through a combination of Road Impact Fees collected within the City otPort St. Lucie and individual assessments from the properties in this district. · In addition to the cost of construction, there are also some right of way costs that will need to be included as part of any Road Impact Fee Credit Agreements entered into with the various property owners in this area. We have received a copy of the estimated cost for the City of Port St. Lucie to acquire a portion of the Lentz Property, at the south em end of this project. The values cited for this property exceed the maximum value permitted through the standard credit calculations outlined In the County's Impact Fee Ordinance. We have been provided with the required independent appraisal of the property in question explaining how these values were ~~~. 4 Section 1-17-37 of the County's Code and Complied Laws provides that any time a right-of-way appraisal is submitted that is in excess of 120% of the Property Appraisers value for the same property, a review appraisal must be conducted. Since the submitted appraisal is in excess of f 120% of the Property Appraisers estimates on this property, a review appraisal is required. , 4 Staff recommends that the Board authorize the conducting of a review appraisal to verify the values outlined in the primary appraisal for the dedication of certain lands to the City of Port St. Lucie for the South Lennard Road SAD improvement project. Funding for this review appraisal will be Irom Road Impact Fee Zone 4. · COMMISSION ACTION: [J[J APPROVED ~ DENIED D OTHER County Attorney Originating Depl.: Finance: ouglas M. Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND570) t .~ ..., COMMISSION REVIEW: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: July 23, 2001 SUBJECT: Lennard Road SAD - Road Impact Fee Credits As the Board may be aware, the City of Port St. Lucie has begun the reconstruction of the portion of Lennard Road, south of Port St. Lucie Boulevard, from a two lane unpaved roadway to a four lane divided roadway. Primary funding for this improvement is being provided through a Special Assessment District (SAD) that the City created for this specific purpose. Repayment of the bond obligations for this improvement will be through a combination of Road Impact Fees collected within the City of Port St. Lucie and individual assessments from the properties in this district. In addition to the cost of construction, there are also some right of way costs that will need to be included as part of any Road Impact Fee Credit Agreements entered into with the various property owners in this area. We have received a copy of the estimated cost for the City of Port St. Lucie to acquire a portion of the Lentz Property, at the southern end of this project. The values cited for this property exceed the maximum value permitted through the standard credit calculations outlined in the County's Impact Fee Ordinance. We have been provided with the required independent appraisal of the property in question explaining how these values were determined. Section 1-17-37 of the County's Code and Complied Laws provides that any time a right-of-way appraisal is submitted that is in excess of 120% of the Property Appraisers value for the same property, a review appraisal must be conducted. Since the submitted appraisal is in excess of 120% of the Property Appraisers estimates on this property, a review appraisal is required. Staff recommends that the Board authorize the conducting of a review appraisal to verify the values outlined in the primary appraisal for the dedication of certain lands to the City of Port St. Lucie for the South Lennard Road SAD improvement project. Funding for this review appraisal will be from Road Impact Fee Zone 4. If you have any questions, please let me know. pment Director DJMI LENNARD1(H) cc: County AdminiS1rator County Attomey Public Works Director ManaQement & Budget Director \wi ....., Agenda Request Item Number Date: C-3Y August 21 , 2001 Consent Regular Public Hearing Leg. [ ] [ X ] [ ] [ ] Quasi-JD [ To: Board of County Commissioners Submitted By: Community Development SUBJECT: Approve Budget Resolution 01-152, which accepts e payments of the application fees associated with the Westchester Community Development Districts, BACKGROUND: As part of the application process for the establishment of the Westchester Community Development Districts, the petitioners for these districts were required to submit a filing fee of $30,000. In order that we may track the non-salary associated costs with this application, it is necessary that a Budget Amendment be approved that designates where the revenues is to be assigned. Draft Resolution 01-152 provides for that designation. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Draft Resolution 01-152. COMMISSION ACTION: IT] APPROVED CJ DENIED D OTHER ouglas M, Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND591 ) ... ~ ~ ....., Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Budget Resolution 01-152, which accepts the Payments of the Application Fees Associated with the Westchester Community Development Districts. As part of the application process for the establishment of the Westchester Community Development Districts, the petitioners for these districts were required to submit a filing fee of $30,000. In order that we may track the non-salary associated costs with this application, it is necessary that a Budget Amendment be approved that designates where the revenues is to be assigned. Draft Resolution 01-152 provides for that designation. Staff recommends approval of Draft Resolution 01-127. DJM/ westchesterbudget1 (h) cc: County Administrator County Attorney , 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 .. "-'" ...., RESOLUTION NO. 01-152 A RESOLUTION AMENDING THE FY 2000/0 BUDGET TO ADDRESS UNANTICIPATED FUND RECEIPTS 1. WHEREAS, subsequent to the adoption of the S1. Lucie County Board of County Commissioners budget for S1. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from S1. Lucie Farms, Inc. to setup the Westchester Community Development District. 2. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of CouritYCommissioners of S1. Lucie County, Florida, in meeting assembled this 21stday of August, 2001; A. Pursuantto Section 129.06 (d), Florida Statutes,suchfundsare hereby appropriated for the fiscal year 2000-01 , and the County's budget is hereby amended as follows: REVENUES 102-1510-341903-50001 Zoning Fees $30,000 APPROPRIATIONS 1 02-1510-549000-50001 1 02-1510-531000-50001 1 02-1510-599300-50001 Advertising Professional Services Reserves $12,000 $10,000 $ 8,000 B. This Resolutionshall:take effect on upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson . xxx Vice-Chairman Doug Coward xxx Commissioner Cliff Barnes xxx Underline is for addition Ot.il¡ð Tt..ð....~ , is for deletion Res, No,: 01-152 Draft #1 PrintDate: 08121/01 Page' , 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 ~9 ~ '-' Commissioner John Bruhn Commissioner Paula A. Lewis ....,¡ xxx xxx PASSED AND DULY ADOPTED this 21 st day of August, 2001. ATTEST: DEPUTY CLERK 01·1õ2a(h) DJM Res, No,: 01-152 Oraft#1 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVEDAS TO FORM AND CORRECTNESS: COUNTY ATTORNEY , Underline is for addition Glrll.. Hmos" is for deletion PrintOate: 08121/01 Page 2 '-" ......, 81. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING July 26, 2001 Board of County Commissioners Chambers, 7:00 p.m. '. "'- MEMBERS PRESENT: Mr. Lounds, Mr. Hearn, Mr. Trias, Mr. Jones, Mr. Akins, Mr. McCurdy, Vice-Chairman. MEMBERS ABSENT: Mr. Merritt, Mr. Grande, Mr. Matthes, Chairman (each excused) OTHERS PRESENT: Mr. David Kelly, Planning Manager; Mr. Hank Flores, Planner ill; Ms. Cyndi Snay, Planner II; Ms. Heather Young, Asst. Co. Attorney; Sheree Bell, Senior Accounting Clerk. Mr. Ed Beck. , July 26, 2001 P & Z Meeting Page 1 '-' .....,¡ .,~-... ';,,~..~. , ;; CALL TO ORDER r?~ ?D:~f;~tJ~ ~\~'~,.;?, ,~~ 2 'Ui~ t Chairman McCurdy called to order the meeting of the St. Lucie County Planning and Zoning Commission mceting at 7:00 pm. PLEOGE OF ALLEGIANCE Chairman McCurdy led the Pledge of Allegiance, ROLL CALL ANNOUNCEMENTS Chairman McCurdy gave a brief presentation on what you can expect to transpire tonight. For those of you who have not been here before, we are an agency that makes recommendations to the County Board of Commissioners and that is the capacity that we act in. What we will do tonight is that we will be presented on each petition with a brief summary of the project by staff after which time the petitioner will come up and make his case for the requested petition and change. At any time this Board will stop and ask questions of the petitioners or staff. After that process is completed we will open the public hearing for people who wish to speak for or against the petition. The purpose behind this hearing to is to get the general public input. Please if you have something to say. come forward and say it After everyone has gotten a chance to speak for or against the petition we will close the public hearing, staff will make a final recommendation to this Board, we will deliberate and we will make a decision on our recommendation, one way or another. The decision that is made is typically read from a scripted set of statements that are given to us. It may sound rehearsed but it really is not. There is one for and one against given to us in the package, so we may make the motion either one way or the other so it is very clear in the records. Once again, I want to remind you that we only act in an advisory capacity to the Board of County Commissioners and if you are not happy with the outcome of the hearing you always have the opportunity to speak at the public hearing in front of the Board of County Commissioners on the petition in front of us that will be forwarded to them with a recommendation of either denial or approval. Mr. Kelly made an announcement regarding the errors on the ad & apologized to the Board and the public for any inconvenience. Chairman McCurdy and the Board accepted the apology. No other announcements or comments. . July 26, 2001 P & Z Meeting Page 2 '-" ~ AGENDA ITEM 1: .June 21. 2001 MINUTES ;,;-; ptAi~~N~;N;i1 ,?.¡ Z~_~~~~~J~ Chairman McCurdy asked where the minutes from last month's meeting were. £r?l~'1~::3'S~E:·~ t~~:j;f;~}~~At Mr. Kelly advised that they were not available for review due to difficulties and would be available at the next P&Z meeting along with this month's minutes. ~ July 26, 2001 P & Z Meeting Page 3 "-' ...." AGENDA ITEM 2: New Horizons of the Treasure Coast - File No. CU-01-004 ~) ",':' ." " . -- ~ . ~ (A {:: 1J {~dÜì G0MMíSSWN ¡1PPRDVA'- ~.'::j,~ :' Staff Planner, Hank Flores stated that Agenda Item 2 was the Petition of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Pernùt to allow mental health facilities (medical and other health services) in the r (Institutional) Zoning District for 9.06 acres of property located at 4500 West Midway Road. Staff finds that this petition meets the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan, Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation for approval. No special conditions have been recommended. Chairman McCurdy asked the Board if there were any questions for staff. Hearing none, Chairman McCurdy then asked if the petitioner was present. Margie Silberman, CEO for New Horizons of the Treasure Coast stated that they were requesting a Major Adjustment to an Existing Conditional Use Pernùt, as stated previously by Mr. Flores, so that they may make renovations to an existing house on the property. This house will be utilized as offices for their staff, Chairman McCurdy asked if there were any questions for the petitioner from the Board. The Board responded in the negative. Chairman McCurdy opened the Public Hearing. Cindy Cooper, a nearby resident, stated that a New Horizons staff member told her that the home was going to be used as part of the mental facility. Chairman McCurdy requested that the applicant clarify the use of the property. Ms. Silberman reiterated that New Horizons plans to use the home for theiroftice staff only. Mr. Lounds asked Mr. Kelly if they did decide to use the home as part of their mental facility, did they have to submit a new application? Mr. Kelly confmned that they would have to submit a new petition for a Major Adjustment to an Existing Conditional Use Pennit. Mr. Flores also confmned this information. Mr. Lounds reconfirmed what he had understood from Mr. Kelly and Mr. Flores. Chairman McCurdy then asked again if there was anyone else present who wished to address the Board regarding this matter? Hearing none, Chairman McCurdy closed the Public Hearing. Chairman McCurdy returned to the Board and asked if there were questions for staff or the applicant. Seeing none, he requested a motion. . Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of New Horizons of the Treasure Coast for a Major Adjustment to an Existing Conditional Use Permit to allow mental health services in the I (Institutional) Zoning District because the use was consistent with the existing facility operations. Motion seconded by Mr. Akins. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) for recommendation to forward to the County Commissioners for approval. July 26, 2001 P & Z Meeting Page 4 ...." ¡\(;XNI>.LUTEM 3: Bingo Emporium - File No. CU-OI-003 r'::,{~;-. 'é.~ ¡::~j\:~~n3 GG;;I¡~·~~.j~:~:~f· nD~j::);·YVn.l ~ n.'¡ II ~H,'" ... lV1 r Kelly asked that since there was no representative for the petitioner at the hearing, could we move \!"'IUj;, 1¡"1ll \ 10 last to allow them time to appear? ( 1),111 iii II} IYIl'\ 'IIrdy asked the Board & they ullallimously agreed, Sf IIF: ,Igi'l/da itl'II/1I4 - Cel/tury 21 - PNRI>, was hcard duril/g this time. The minutes have beef! !Ii!/!i '/1'1/ fllf' claril\'. \! :,(HI pll1 t 'hairman McCurdy reopened the Public I karlng for this petition. Staff Planner, Hank II "<'\ "1:11,·.1 II,al Agenda Item") was the petition lor a Conditional Use Permit to allow a Bingo ! ¡lid,',IIIII\'ll1 ii, Ihl~ ('( ì (COIlIIuc.cial, General) /'lHlInè' D,Slrict for the property located at 8441 South I 1,,,II\\';lv No, I, II,,' ''>pllla[II, Bmgo Emporium, has applied for the requestcd conditional use in order to establish a non- I'" :¡" 11111:'1> parlor wilh approximately 9,000 squarc leet of playing area. Bingo establishments are ,Ii, ,\\(,,1/1\ ,I coudiriollaluse in this zoning district UpOIl approval of the Board of County CoffillÚssioners. 1111 !/IIIl),IIY IS, 200(), the Board of County ConuTlissiollers, through Resolution 00-004, approved a c, Hldili<Hl,tI usc pennit for St. Francis of Assisi Catholic Foundation and EntertaiÎ1ment South, Inc. - a NIHI-ProlÏt Corporation to operate a bingo establishment in the same location. No bingo operation was (~v,~r l~slahlished and the conditional use permit has expired, In order to reactivate the bingo l",!ahlishment, a new conditional usc permit must be approved, SuI I finds that this petition meets the standards of review as set forth in the Land Development Code and IS Ill't in cont1ict with the Comprehensive Plan. Staff recommends that you forward this petition to the ß(lard of County Commissioners with a recommendation of approval, with the following condition: IlIl' Boar-d of County Commissioners shall reserve the right to review the conditional use permit on ¡¡ semi-annual basis to ensure that the proposed project will not have an undue, adverse effect on tratTic conditions and parking for the entire shopping center. If the Board of County ( 'ommÎssionel's determines that parking required for Bingo Emporium is creating capacity prohlems for the shopping center, the Board may impose restrictions on the hours of operation. . '. 'j¡al!Jllan McCurdy asked if the Board had any questions for the staff. Hearing none, Chairman \,!tt 'Ilrdy thcn asked for comments from the petitioner or their representative. Neither was present at this I ¡Ill" Mr. Kelly suggcsted that even though the petitioner was not present, since this is a renewal of a previuusly approved (but not used) Conditional Usc, that the Board considers its approval. Chaîrman Met 'urdy askcd thc Board if this was acceptable and they unanimously agreed. ('II:linnan McCllnly opcncd the Public Hearing. No responses. ( 'hairman ,\lcCurdy closed the Public Hearing. 4 \] r. I learn statcd that aftcr considering the testimony presented during the Public Hearing, i Ilclllt!illg staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Developmcnt Code, I hereby move that the Planning and Zoning Commission recommend that the St. I,ucie County Board of County Commissioners grant approval to the application of Bingo Em por'i II III for a Conditional Use Permit to allow a bingo establishment in the CG (Commercial, Cl'lIentl) Zoning District, with the stipulated couditions regarding traffic and parking. i\lo¡ioll Sl'l'IHulet! hy Mr. JOlles. .fuly 26, 2001 P & Z Meeting Page 5 '-" -...I Upon a roU call vote the motion passed unanimously (with a vote of 6-0) for recommendation to forward to the County Commissioners for approval. July 26, 2001 P & Z Meeting Page 6 '-' ~ AGENDA ITEM 4: Century 21- PNRD - File No. RZ-OI-012 .. ' .I :.. Staff Planner, Cyndi Snay stated Agenda Item 4 is the petition of Century 21 Real Estate for a change in zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PNRD (Planned Non-Residential District) Zoning District for .27 acres ofland located on the west side of North A-I-A, immediately south of the North Hutchinson Island Waste Water Treatment Facility. The subject property is surrounded to the north with Utilities zoning and to the south, east and west with HIRD (Hutchinson Island Residential District) zoning. The existing uses are to the north - North Hutchinson Island Waste Water Treatment Facility, further north Pepper Park; to the northeast is the Sea Palms Condominium, further to the northeast is the SEAL Museum and the eastern portion of Pepper Park, directly east are two vacant lots, approximately 61 feet in width, to the southeast is the Tiara Tower Condominium and to the south and west is vacant land. Further to the South is the entrance to the Sands Condominium, then a strip center, apartments and then Cumberland Fanns commercial center. The applicant is proposing to construct a real estate office that will be 1,792 square feet in size and have a maximum height of 16 feet. Staff has reviewed this petition and found it to satisfy the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. - Therefore, staff is recommending that this petition be forwarded to the Board of County Commissioners with a recommendation of approval. subject to two conditions: 1. The subject property be pennitted a reduction in the number of required parking spaces from nine to six. 2. The approval granted is conditioned for the construction and operation of a real estate office only, any other use will be required to modify the Planned Non-Residential Development and be granted approval to operate in this location. Chairman McCurdy asked for comments from the petitioner or their representative. Ed Beck introduced himself as a representative for Larry & Diana Stewart of Century 21. Mr. Beck stated that he agreed with the staff recommendation. He further stated that due to the location of the North Hutchinson Island Waste Water Treatment Facility and sewage ponds the proposed location was not suitable for a residential home. He went on to explain that a review of the area uses include: a commercial center approximately ~ mile south. then apartments and at the comer of Sea Way Drive and A-I-A, approximately 2 miles from the site is a gas station and another small strip center. In hišopinion. the proposed petition is not considered a spot zoning. The applicant, Century 21, has plans to construct a building that will resemble a low-rise house with a garage and will be used for office space only. Century 21 is currently located in the strip mall approximately Y2 mile south of the proposed location. The current lease will expire within 2 years. Therefore, the proposed building will be constructed before the end of the current lease; He then stated he would be happy to answer any questions and asked for the Planning & Zoning Commission's approval. Chairman McCurdy asked for questions of the staff. Mr. Akins had questions regarding the lease of property. Mr. Beck responded he would not like the date of the expiration of the lease to be public record. Chainnan McCurdy asked if there were any other questions from the Board. July 26, 2001 P & Z Meeting Page 7 '-" """" ..j.. ... Hearing none, Chairman McCurdy opened the Public Hearing. PLiHcE~ái,;:), 0', :':Gî~:m3 CD2~:l~'J:~-:;~ ~:;~] r~~Fn S") ¡1l Mr. Walter Simmons stated that he resides at 3150 North A-I-A in Unit # l002N, which he maintains is directly across from the subject property. Mrs. Simmons presented a letter to be placed in the official record. Mr. Simmons had questions regarding the HIRD and POD discrepancies on the areas west and south of the subject property. Ms. Snay clarified HlRD boundaries & pointed out that this problem was addressed in the memo dated July 25, 2001 from Mr. Kelly in response to Mr. & Mrs. Simmons' letter. Mr. Simmons went on to state he felt that the proposed project did not meet the compatibility and neighborhood character test. Mr. Trias asked Mr. Simmons what he felt the neighborhood character was and how the proposed property would change the quality of their living on the island? Mr. Simmons stated that was the responsibility of the applicant to determine the character of the neighborhood. He was unable to estabJish what the current character of the neighborhood is. Mr. Simmons also stated that he feels that if the zoning is changed it will set a precedent in the area, Mr. Lounds & Mr. Hearn had comments regarding the landscaping around the property. Mr. Lounds then clarified the conditions set. Mrs. Sandi Simmons (wife of Walter Simmons) stated that she just wanted to reiterate what her husband had said an~ to let the Board know that she too was against the petition. Mr. Richard Sunderman of 3150 North A-I-A, Unit # 903 stated he was opposed to this petition. Mr. Akins asked him what he would rather see on the site and Mr. Sunderman responded "weeds". Mr. Steve Bauer of Sea Palms also stated that he was opposed to this petition. Mr. Lounds asked both of them how long they had lived on the Island. Ms. Shirley Burlingham, President of the North Hutchinson Island Home Owners Association, stated that she would much rather see this 16-foot tall office building than a 9-story condominium. This would still allow them to enjoy their beautiful view. Her only concern was the sign being illuminated 24 hours a day. She did question the possibility of petitioning for a universal code regarding signs on the Island. Chairman McCurdy closed the Public Hearing. Mr. Hearn addressed the staff regarding the petitioner·s willingness to add some landscaping to the north side of the property. Ed Beck stated that they would be willing to consider it. Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Century 21 - PNRD for Preliminary Planned Non-Residential Development and a Change in Zoning from the HIRD (Hutchinson Island Residential District) to the PNRD (Planned Non-Residential Development - Century 21) Zoning District to allow a real estate office, subject to the conditions that the number of required parking spaces be reduced from nine to six, that the operation be a real estate office only and that landscaping be provided along the north property line. Any other use would require a modification to the PNRD and be granted approval. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 6-0) and forwarded to the County Commissioners for approval. July 26, 2001 P & Z Meeting Page 8 ~ ....., No further business. ( .' Next scheduled meeting will August 16. 2001. r"\1 ", ro',· " ~' ':t " " .. , I ADJOURNMENT Motion to adjourn made by Mr. Lounds and seconded by Mr. McCurdy. Meeting was adjourned at 8:07 p.m. July 26, 2001 P & Z Meeting Page 9 '-' .....,; ," " St. Lucie County Planning and Zoning Commission Meeting Minutes REGULAR MEETING June 21,2001 Room 101, Civic Center at 7:00 p.m. , ' MEMBERS PRESENT: Mr. Lounds, Mr. Grande, Mr. Akins, Mr. Jones, Mr. Merritt, Mr. Hearn, Mr. Matthes, Chairman. MEMBERS ABSENT: Mr. McCurdy, Mr. Trias (both excused) OTHERS PRESENT: Mr. Dennis Murphy, Interim Community Development Director; Mr. Hank Flores, Planner ill; Ms. Cyndi Snay, Planner II; Ms. Heather Young, Asst Co. Attorney; Sheree Bell, Interim Administrative Secretary. June 21, 2001 P & Z Meeting Page 1 - -_.-' . - , -. ~ . ~ 4 ~ ~ ~ '-' ...., '.-.' ' ,> CALL TO ORDER L'2'~;i¡:::; > i\Ç~i~'~-,~~~~J EL Chairman Matthes called to order the meeting of the St. Lucie County Planning and Zoning Commission at 7:00 pm. PLEDGE OF ALLEGIANCE Chairman Matthes led the Pledge of Allegiance, ROLL CALL ANNOUNCEMENTS Mr. Lounds requested that a clock be placed in the room on the wall. Chairman Matthes gave a brief presentation on what you can expect to transpire tonight. For those of you who have not been here before, we are an agency that makes recommendations to the County Board of Commissioners and that is the capacity we act in. What we will do toñight is that we will be presented on each petition with a brief summary of the project by staff after which time the petitioner will come up and make his case for the requested petition and change. At any time this Board will stop and ask questions of the petitioners or staff. After that process is completed we will open the public hearing for people who wish to speak for or against the petition. The purpose belúnd this hearing is to get the general public input. Please, if you have something to say, come forward and say it. After everyone has gotten a chance to speak for or against the petition we will close the public hearing, staff will make a final recommendation to this Board, we will deliberate and we will make a decision on our recommendation, one way or another. The decision that is made is typically read from a scripted set of statements that are given to us. It may sound rehearsed but it really is not. There is one for and one against given to us in the package, so we may make the motion either one way or the other so it is very clear in the records. Once again, I want to remind you that this Board only acts in an advisory capacity to the Board of County Commissioners, after deliberation, a recommendation of either denial or approval would be forwarded to the Board of County Commissioners. If members of the public or the petitioners are not happy with the outcome of the hearing they always have the opportunity to speak at the Public Hearing in front of the Board of County Commissioners. Chairman Matthes asked what the proper procedure to follow was regarding the code ordinance discussed at the last meeting, since it was not on the agenda. Mrs, Snay replied that they were still revising it, so the best thing to do would be to open and close the public hearing because they would have to re-advertise it. f June 21, 2001 P & Z Meeting Page 2 ""'" ...., AGENDA ITEM 1: MEETING MINUTES - Mav 17. 2001 . ," ):~~ .~',~. Z(~Nf~'~9 N¡P,~ .),,;~~Sn~!í· ¡; P¡'01') [fJ Al 11..:.n,h'.1wvIIU ~ H.. H Mr. Akins requested a correction in the minutes. He's last name was misspelled as Aikeins. After the correction to the minutes of the May 17,2001, Mr. Grande made a motion for approval, and Mr. Lounds seconded it. · Mr. Merritt arrived 7:05 pm at the meeting. Upon a roll call vote, the motion passed unanimously (with a vote of 7-0). Motion made by Mr. Grande to open the Public Hearing for the continuation of ordinance 01-06. Chairman Matthes opened the Public Hearing. · Chairman Matthes closed the Public Hearing for the code ordinance and stated that it will be re- advertised to a date certain. ~ · June 21,2001 P & Z Meeting Page 3 '"'" .., < " " It..:.< ~ _ .1;'~ '; .:;... ~ ~J:" Z~;;j;nD ;\:¡-::/3i:~'~! Al AGENDA ITEM 2: FILE NO. RZ-OI-008 Terrance and Victoria MiIls- Mr. Flores stated that Agenda Item #2 is the application for a Change in Zoning from a RMH-5 (Residential, Mobile Home - 5dulacre) Zoning District to a RS-4 (Residential, Single-Family - 4dulacre) Zoning District for (he property located at 4995 Deanna Road. Surrounding zoning is RMH-5 (Residential. Mobile Home - 5dulacre) to north, south, east and west. The general existing use surrounding the property is residential to the north, east and west with the St. Lucie County Airport located further to the east. The petition is to request a Change in Zoning in order to build a conventionally constructed single-family home to replace a single mobile home. County staff has reviewed the proposed petition and determined 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. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman Matthes asked if there were (2) two mobile homes on the property. Mr. Flores replied that there was only one mobile home and a garage. Chairman Matthes asked if the petitioner was present. Victoria Mills, the petitioner said that she would like to build a cement block home, it would be more economical than buying another mobile home. Chairman Matthes asked if the garage was cement block and if it will come down. Ms. Mills answered that the garage was woodframe and it will stay. Chairman Matthes asked if there were any questions of the petitioner from the Board. Hearing none, Chairman Matthes opened the Public Hearing. Ms. Becky Miller, 5264 Margaret Ann Lane, was in opposition of replacing a trailer with a home. She suggested that Ms. Mills should build her house somewhere else. Ellen Revero of 5167 Margaret Ann Lane indicated that the whole community was a mobile home community and wondered if building a house there wasn't going to raise taxes and what it would mean for the owners zoning who want to stay in a mobile home residential area. Chairman Matthes stated that he couldn't answer to the tax question because he doesn't have any expertise in that. But because this request was for a change in zoning for those two parcels of land and nothing else it doesn't mean that anything else would change. He continued by saying that the Board looks at zoning on a case-by-<:ase basis. Chairman Matthes explained to Ms. Revero that the rezoning would only change the Mills' property. Ms. Jean Grenan, who has lived approximately 16 years in the Green Acres subdivision, opened up by saying that she was in favor of Ms. Mills being allowed to put a house on her property. She asked if they upgrade, would it have to remain a single-family home? Chairman Matthes responded that the rezoning is only for Ms. Mills' property and that once it's rezoned he doesn't believe that a mobile home would be allowed to be put back on the property. June 21, 2001 P & Z Meeting Page 4 '-' ""'" .' Mr. Flores confinned Chainnan Matthes' statement. L' I. ___<. L~ ,.:.... Chairman Matthes closed the Public Hearing. Mr. Akins asked the staff if they weren't prohibited from spot zoning and was this petition doing that. Mr. Flores answered that they were compatible for this area because they were going from a mobile home, which is a residential use to a single family, which is still residential use.. Chairman Matthes stated that anytime somebody would do something that would increase the value of his or her property, he really doesn't have any problem with it. He doesn't see it as a bad thing somebody wanting to built something better out of what they have, he doesn't see how this would decrease the value of the surrounding ·area. Mr. Lounds stated that after considering the testimony presented during the Public Hearing, including staff comments, and the standards of review as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Terrance and Victoria Mills for a Change in Zoning from RMH-S to RS-4. He explained that he felt it was an improvement to the area that could help the value of the properties and he thought it was a good move. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) for recommendation to forward to the County Commissioners for approval. June 21,2001 P & Z Meeting Page 5 ., t t ~ '-"- ~ AGENDA ITEM 3: FILE NO. RZ-OI-Oll ~~~jir,":';~; ~.~ \~.~~~ ::_~.~ 73 l\\JP~-~~J\! At Pelican Pointe East Land Trust Mr. Flores stated that Agenda Item #3 is the application for a Change in Zoning from a PUD (Planned Unit Development) Zoning District to the HIRD (Hutchinson Island Residential District) Zoning District. The subject property located on the east side of State Road A- I -A, southeast of the South Hutchinson Island Wastewater Treatment Facility and directly south of the Ocean Bay Recreation parcel. Surrounding zoning is HIRD to the south and the west; Institutional to the immediate north with Utilities to the Northwest. The general existing use surrounding the property is vacant. The water treatment and reclamation facility are located northwest of the subject property on the west side of State Road A-I-A. County staff has reviewed the proposed petition and detennined 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. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Mr. Grande indicated that, the drawings he had in his packet are somewhat different because they show the entire PUD on the east side, he questioned if the southern part of the property goes ocean to river. Mr. Flores stated - that the subject of the petition tonight was only the northern piece, 7 acres; the part under the PUD was not in the petition. Mr. Grande asked Mr. Flores if the piece that is not part of tonight's petition unit was part of the same parcel. Mr. Flores answered no. Mr. Grande asked if the piece to the south of the subject property would still be PUD? Mr. Flores answered yes. Mr. Hearn asked the sœff if the POO for the parcel that is requesting the rezoning has expired and if the petitioner wanted a new PUD, could he get it? Mr. Flores answered yes, but he would still have to go through the rezoning process. Mr. Lounds asked if the PUD for the parcel south has also expired? Mr. Flores said yes that the POO has expired for both parcels but they are under different ownership and the owner of the subject property is seeking HIRD zoning. Chairman Matthes asked if the applicant was present. Peter Van Rens of Kimley Horn and Associates introduced himself as a representative for the petitioner. Mr. Van Rens stated that HIRD Zoning is consistent with the area and most satisfies their needs. Mr. Grande asked if the applicant had any feeling at this point as to the number of units he could put on the site because he believed the land use is five per acre. Mr. Van Rens stated the land use in the area is nine per acre. Mr. Grande asked if it would be up to sixty units. Mr. Van Rens answered that sixty would be right but they were looking to build large units.- June 21, 2001 P & Z Meeting Page 6 """ ....,.¡ Mr. Grande asked if it would exceed 7 or 8 units. & ;:U}·]~~~tì .. . ~ ,...,.. ¡".'_',"-:" ~¡:: ~.: ..,. :,:~~ ~~.~ .,1, ~ LL~:~::~·L~iS~;jY;] _!J ~L Mr. Van Rens responded that they were still in the designing stage, but they wouldn't exceed 9. Mr. Grande informed Mr. Van Rens that the number of units is neither negative nor positive from the review. He wanted to satisfy himself that the applicant understood the HIRD zoning and the expenses involved with the alternative development fees. He continued, while asking the staff or the attorney to correct him, that the applicant would have to pay $13,600 per unit in alternative development fees for each additional unit if he exceeded 7 units. To finish Mr. Grande suggested that he get a copy of the HIRD from the staff to make sure that whom ever is looking to develop understands the constraints. Chairman Matthes opened the Public Hearing. Chairman Matthes closed the Public Hearing hearing no comments in favor or against this petition. j , Mr. Lounds stated that after considering the testimony presented during the Public Hearing, inCluding staff comments, and the standards as set forth in Section 11.06.03, St Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the S1. Lucie County Board of County Commissioners grant approval to the application of Pelican Pointe East Land Trust for a Change in Zoning from the PUD Zoning District to the mRD Zoning District. He explained that he felt that it was a change in the right direction for residential property on South Hutchinson Island. Motion seconded by Mr. Grande. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) for recommendation to forward to the County Commissioners for approval. OTHER DISCUSSION Mr. Grande indicated that on the second page of the utility service it says that water and sewer will be provided by St. Lucie County utilities. St. Lucie provides only sewer for this area. June 21, 2001 P & Z Meeting Page 7 '-' ..."" " ".1 AGENDA ITEM 4: FILE NO. CU-OI-002 ~¡, .:. ~;~;;:\r;NG ,".1 ":·!:,:~·:·.!~n\~ Ç\l :.~'~ ~ " ~ i-_J 'J METB,INC-- Ms. Snay stated that Agenda Item # 4 is a petition from MBTB, INC for a Conditional Use Permit to allow the construction of a 3,500 square foot convenience store, with accessory gasoline sales, to be known as Hess/Midway and Selvitz Roads. This facility will be located at the northwest corner of the intersection of west Midway Road and Selvitz Road. Section 3.01.03(Q)(7) Commercial, Neighborhood Zoning District allows establishments with the primary use of a convenience store to sell gasoline as a Conditional Use. The proposed site is surrounded on the north by AR-I (Agricultural, Residential - Idu/acrc) Zoning, to the east and west by CN (Commercial, Neighborhood) and P011 St. Lucie RS-2 (Residential, Single-Family - 2dulacre) to the south. As far as the site planning process, the developer has been required to dedicate 20 feet of right-of-way adjacent to Midway Road and then 10 feet of right-of-way adjacent to Selvitz Road. The staff recommends that this Board forward the petition to the Board of County Commissioners with a recommendation of approval. Mr. Hearn stated that according to the zoning sheet the only zoning in this area other than the CN (Commercial, Neighborhood) is the I (Institutional) just to the west and the rest is residential. Mr. Hearn asked how long has the property been Commercial, Neighborhood? Mr. Murphy and Ms. Snay replied, since at least 1990. Mr. Hearn wondered if the Conditional Use for gasoline sales as accessory to a food store has come about the last couple years. The staff responded that he was correct. Chairman Matthes asked if the applicant was present. Mr. Boggs of Thomas Lucido and Associates introduced Mr. Brink. He stated that they would be entertaining any questions about landscaping and their development review process. He stated that he was here a few months ago about another gas station. Just as with the other one, they have done their best to save trees on this one as well. Mr. Lounds asked the staff if there is not a ruling stating that between residential and commercial there should be a barrier. The staff confirmed that there was such a requirement. Mr. Hearn declared that he was having some problem with the issue not because it is not a good plan. He believed it could work on this location, however, he requested that the staff read out loud the verbiage that is in the Commercial, Neighborhood into the record. Ms. Snay read the following "the purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small arëa and that is intended to serve the population living in surrounding neighborhoods". June 21, 2001 P & Z Meeting Page 8 ~ '" Mr. Hearn indicated that it was a big stretch to say that this facility will onlyt;;~i~~;c the surrounding neighborhoods. He said that if he owned a property to the south where all the subdivided lots cross west Midway Road, he would like to see some more protection from the impact of this development on that particular area. He believed that the property to the north and west are being protected because a lot of that land is undeveloped there His major concern was a 24-hour operation, with a car wash, that will impact the residential use of that neighborhood across the street. He acknowledged that it is a Conditional Use not Commercial, General so they can tell the developer what they have to have to develop there. He raised the point that a gasoline station and car wash can have a pretty serious impact on residential use. j;?,"il~':J ~\. Mr. Grande stated that he shared Mr. Hearn's hesitation even though he has it for slightly different reasons; he explained that he was having a tough time looking at the plan as a convenience store that has gas pumps. He viewed it as a gas station that happens to have a small convenience function in order to make it legal. He would rather judge this application as a gas station than as a convenience store. As a gas station he wouldn't have a problem with it, but was having a tough time going to the Board of County COIllßÙssioners and saying we are presenting you a convenience store that happens to have accessory gas pumps next to it. Chairman Matthes asked Ms. Snay if the mobile station across the street was a Conditional Use. She answered negatively; and stated that was approved under a previous zoning terminology that allowed it as a permitted use. Mr. Merritt stated his concern about the limited amount of commercial on west Midway Road, from the river west and there were already 3 existing gas stations probably within a mile. He disagreed that this would be the highest best use for the comer. 4 Mr. Boggs stated the primary use was a convenience store. Mr. Grande said that he would feel a lot better about this application if it were a zoning change to a Commercial, General property that would allow a gas station, as a permitted use. Mr. Merritt replied he was still against the gas station. Mr. Hearn addressed Mr. Brink and asked if this operation would be a similar type operation to the gas station at the comer of U.S. #1 and State Road A-I-A going to North Beach that opened up in the last year and a half. Mr, Brink replied yes. Mr. Brink informed them that the one across the street that they were talking about was a corporate store. This store will be an individual operator. Mr. Hearn asked Mr. Brink if his store would be a 24-hour operation. June 21,2001 P & Z Meeting Page 9 '-"' ...." Mr. Brink answered that he was not 100% sure at this point whether we will go 24-hour or not. '..,. r:~t Za~H;Jû ;: _- :,._-,j(~\l;""~~·:;~~i1\l"1 ,....'.J_,~.......~'-'.J .~.. ;¡ l~';..;Jl"\_ Me. Hearn stated that would definitely influence his vote with the residential property across the street and nearby. He asked Mr. Brink if he would be willing to do more buffering along west Midway Road. Me. Brink answered yes, but they still need some visibility. Me. Hearn said he was trying to cut down on the light exposure to the residents and the noise factor. Me. Boggs added, on the other side, there is a canal that has a pretty good stand of upland vegetation on the south that buffers the back of the single-family lot and on the south side of Midway they could also provide a buffering for the lights. Mr. Hearn asked him if it that was on publicly owned property. Mr. Boggs replied that he believed that it was. Mr. Lounds mentioned to Mr. Hearn that there is a drainage ditch that puts a lot of distance between the subject property and the residential homes. Mr. Lounds asked Mr. Boggs how far the centerline of Midway Road was to the residential property on the other side of this Regal Circle to the backside of the subject property. Mr. Boggs and Ms. Snay stated it was approximately 120 feet. Mr. Lounds stated when traveling Selvitz Road, it is hard to see that intersection because of the curve on Midway Rd. and with the vegetation growth combined with the distance of the drainage ditch makes a good buffer. Mr. Lounds had more concern for the noise from Midway Road than the Mobil or Hess stations. Mr. Brink pointed out that the canopy would be above the pumps on the side of the station not on the front of the station. So the lighting would be on the back off the road. Mr. Jones asked if the Mobil station is a 24-hour operation, to which Ms. Snay responded that it is not but could be if they choose to. Chairman Matthes opened the Public Hearing. Diane Sides from 4911 Selvitz Rd. introduced herself and stated that she lives behind the subject 6-acre property and was concerned with future development with that area. She opposes the station because their home is situated to hear all the noise. Chainnan Matthes asked if the area between the property and her home was a wooded area. Ms. Sides answered that it is. Chainnan Matthes stated that certain buffer criteria have to be met for any future commercial development on that parcel. Chainnan Matthes affinned there is going to be a County Conunissioners meeting and they always have the final decision. There were no further public comments. Chairman Matthes closed the Public Hearing. June 21,2001 P & Z Meeting Page 10 ..... '" Discussion r·- :" .. ~;-~) ,; , ·n I~)' 7:~~~~h'J] f.:.~ ,,::',',.c .:, .,j <>1~;lGV Al Mr, Lounds stated with things changing it will make it a concern for people in Regal, Rugby and the rest of the area. He said the noise on Midway Road would be even more a concern if he were living along there than it would be of the husinesses north of Midway Road. With future growth, something is going to take up that space. He believed that this company has a good reputation for not only maintaining the integrity of their property but also maintaining a fresh atmosphere. He also stated that the landscaping that had been presented to the Board was above and better than what is at the Mobil station on the other comer. Mr. Lounds supports the station. Mr. Grande stated that he could not support the petition at this time because commercial is commercial and he believes this is not a Commercial, Neighborhood which serves the entire neighborhood, as opposed to commercial supported by the County as a whole. He would like to see this come back as a zoning change to Commercial Property classification that will support a gas station on its own or use it for a higher and better commercial use that support the surrounding community. Mr. Hearn stated he doesn't believe that the Board is protecting property owners' investment in the community and this might be one of the strong reasons why many people are reluctant to invest in the community. They don't feel that they have the protection that they need for their investment. For that reason he was not going to be able to support this, reluctantly, because he thought it is a good plan but the intensity of the use that's there, he believed it is not compatible with the surrounding neighborhood. Mr. Akins asked the staff if there were any specific reasons why the petition was presented as Commercial, Neighborhood as opposed to Commercial, General. Ms. Snay explained that the zoning is Commercial, Neighborhood and it does allow for convenient stores with gasoline pumps without the Conditional Use. Commercial, General Zoning would require an amendment to the Comprehensive Plan. Mr. Lounds indicated that the area south of that intersection is going to expand and build despite what is on Midway Road. Mr. Merritt reiterated that he had the same opinion as Mr. Hearn and Mr. Grande. There is very little commercial zoning between the river and the turnpike and that the gas station is in the wrong place. The comer is going to be needed for something else that's probably a higher and better use. I Chainnan Matthes stated he realizes that Midway Road will become one of the major intersections in the County. The area is surrounded to the south by very a large residential area and to the north by areas that are going to change as agriculture changes. He stated that this isn't the appropriate zoning as a Conditional Use but the same situation exists across the street. He doesn't think that the gas station is going to have half the effect as the widening of the Midway Road will have. He really doesn't see a problem with what's been presented; he just wasn't sure about the approach, going with a Conditional Use to a Commercial, Neighborhood but precedent was set across the street. c June 21,2001 P & Z Meeting Page 11 '- '" " ~ ~ :~. 7 '~-;j ~"~_ ~·~~l ~... ¡~ _to_ ,~, '\ ,'. . ::;,;.~i-1 ¡1.o:'.)'?\)'\~Ì'I" _ ,,,,, -: '.. 1~ ·I\Ì. irir" Mr. Grande asked for clarification of the Mobil station zoning. Ms. Snay restiöridëd'.:t11at the approval was granted as a pennitted use for the Mobil station before the code change. Chairman Matthes explained the code change was done so that the Board could take a closer look at the use of gas stations and that was the purpose and intent behind making it a Conditional Use. He continued to say that the site plan is good, In his opinion the comer has plenty of potential but right now it will fit into that location. Whether or not it should be under a Conditional Use to Commercial, Neighborhood or whether it should come in as a Commercial, General and whether or not a zoning change will even stand the test is another question. Seeing no further discussions Chairman Matthes asked for a motion. Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff conmlents, and the standards of review as set forth in Section 11.07.03, St. Lucie County Land Development Code, he hereby moves that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of MBTB, INC for a Conditional Use Permit to allow the construction of a 3,500 square foot convenience store with 9 gasoline pumps and an automatic car wash known as Hess Station in the Commercial, Neighborhood Zoning District because he feels it is an appropriate use of the property and its adjacent to a similar use and believe the future widening of Midway Road and other things that are going to happen in this area are going to be a bigger impact in this neighborhood than this store. Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed with a vote of 4-3 for recommendation to forward to the County Commissioners for approval. OTHER BUSINESS Mr. Merritt proposed that because of this issue, "two gas stations on one intersection", the Board take a look at Palm Beach County code where they restrict at major intersection one gas station. He believed it is a good plan they had and as fast as the county is growing he hates to see a gas station on every .comer. He believed there should be more control over it. The Chairman asked Ms. Snay if the staff could get a copy of the Palm Beach County code. Mr. Lounds stated that Mr. Grande brought some interesting points the difference between conunercial, Conunercial, Neighborhood and realizes there is a need to understand a little bit more the differences between the zoning levels. June 21, 2001 P & Z Meeting Page 12 '-' -....I L.' ."' ~ ':.' ~, ~ . :'-' :--~ ". ~~:: -~~:~)~"!,~~~~'~ '" ~ '. Next scheduled meeting is July 19,2001. L'¿::;;l'·::~~~~~i¡' :~~~~~i;:~dVl~t Mr. Merritt mentioned that Dennis Murphy was currently Interim Community Development Director. ADJOURNMENT Mr. Lounds made a motion to adjourn and seconded by Mr. Merritt. Meeting was adjourned at 8:45 p.m. REVIEWED BY J RECORDrNGSECRETARY c , f June 21, 2001 P & Z Meeting Page 13 ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: .... ~ Agenda Request Item Number 3 - Gr Date: August 21, 2001 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development ¡ Consider Resolution 01-132 amending resolutions 01-018,99-020, -128 and 98-128, which amended resolution 89-022, the schedule of fees, charges, a other expenses for building permits Draft Resolution 01-132provides for the correction of scrivelJers error in the current schedule of fees, charges, and other expenses for building permits, that was most recently amended in May of 2001. At the time Resolution 01-018, was approved, Paragraph Five, of Part A of this resolution incorrectly identifies the 2nd fe-inspection fee as being $25 instead of the previously approved (Resolution 99-020) fee of $50, Resolution 01-132 corrects this unintentional error. N/A N/A Staff recommends approval of Draft Resolution 01-132, COMMISSION ACTION: [J[] APPROVED U DENIED D OTHER County Attorney Originating Dep!.: Finance: Douglas M, Anderson County Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND590) '-" ..., Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM 1 TO: County Commission FROM: Interim Community Development Director DATE: August 14, 2001 SUBJECT: Consider Resolution 01-132 amending Resolutions 01-018, 99-020, 94- 128 and 98-128, which amended resolution 89-022, the Schedule of Fees, Charges, and other Expenses for Building Permits Draft Resolution 01-132 provides for the correction of scriveners error in the current schedule of fees, charges, and other expenses for building permits, that was most recently amended in May of 2001. At the time Resolution 01-018, was approved, Paragraph Five, of Part A of this resolution incorrectly identifies the 2nd re-inspection fee as being $25 instead of the previously approved (Resolution 99-020) fee of $50. Resolution 01-132 corrects this unintentional error. Staff recommends approval of Draft Resolution 01-132. ment Director DJMI bldgfees1 (h) cc: County Administrator County Attorney Public Works Director 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 '-" ...., RESOLUTION NO. 01-132 A RESOLUTION AMENDING RESOLUTION 01-018,99-020,94-128 and 98-128, WHICH AMENDED RESOLUTION 89-022, THE SCHEDULE OF FEES, CHARGES, AND OTHER EXPENSES FOR BUILDING PERMITS WHEREAS, the Board of County Commissioners of S1. Lucie County, Floridahas made the following determinations: 1. The Board of County Commissioners is empowered to establish, alter, and amend the schedule of fees, charges, and expenses for building permits. 2. On January 24, 1989, the Board approved ResolutioRS9-22 amending the existing schedule of fees, charges andøtnerexpensesforbuilding permits. 3. On July 15, 1994, the Board apþr'bvedResolution 94~128 amending the existing schedule of fees, charges andQthetéxpen~es for building permits. 4. On September 22, 1998, the Board approved Resolution 98-154 amending the existing schedule of fees,chargesänd other expenses for building permits. 5. On May 4, 1999, the Board approved Resolution 99-020 amending the existing schedule of fees, charges and othéféxpenses for building permits. 6. On May 15, 2001, the Böè.rdapproved Resolution 01-018 amending existing schedule of fees, charges and other expenses for building permits. 7. At the time Resolution 0 1-0 18, was approved, Paragraph Five, of Part A of this resolution incorrectly identified the 2nd re-inspection fee as being $25 instead of the previously approved (Resolution 99-020) fee of $50. 8. As a function of County operations, the all building plan review, processing, and inspection functions are to be self-supporting. 9. The best interests of the citizens of S1. Lucie County would be served by the enactment of a revised schedule of fees and charges for building permits. Underline is for addition 61. :1.<:. TI" ....tlgh is lor deletion Res, No,: 01·132 Draft #1 PrintDate: 08/14101 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 H 18 19 20 21 22 23 24 25 26 27 28 29 '-" ....", NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The existing schedule of fees, charges and other expenses for building permits adopted through Resolution 89-22, and later amended through Resolutions 01-018, 99-020,94-128 and 98-154, is hereby amended as follows: , I f 1. Valuation of building as it pertains to the issuance of a building permit, shall be on a square foot basis as follows: ~ TABLE A - GENERAL BUILDING PERMIT VALUATION TABLE TYPE OF BUILDING VALUATION Apartment House '.', $42.001 square foot ,', '," ..'.'. ..'. Churches I $40.001 square foot Dwellings see Table B below Hospitals ..' ' $85.001 square foot Hotels and Motels .. .....'. $41.001 square foot , Industrial Plal'lts .". .'.." $24.001 square foot ,". ' $41.001 square foot Offices ..',' Private Garages $19.001 square foot Public Garages $23.001 square foot Restaurants $47.001 square foot Retail Stores $32.001 square foot Service Stations $38.001 square foot Warehouses $20.001 square foot Underline is for addition CtrilŒ Throljgh is for deletion Res, No,. 01-132 Ora~#1 PrintOate: 08/14/01 Page 2 7 8 9 10 11 12 13 14 15 16 17 1~ 20 '-' ~ 1 2 TABLE A GENERAL BUILDING PERMIT VALUATION TABLE TYPE OF BUILDING VALUATION Screen Room/Carport/Sheds, under the same roof on 75.00/ Flat Fee existing slabs (provides for one inspection, additional inspections are $25.00 each) Converting Screen Room to Glass $100.00/FlatFee (provides for two inspections. additional inspections are $25.00 each) Glass/ Florida Room , $125.00/ Flat Fee . (provides tor three inspections. additional inspections are $25,00 eàch) Glass/Florida Room (built on existing foundation/slab) $100.00 / Flat Fee (providesJor two inspections. additional , .' I·· inspections are $25.00 each) , 1,) Raised floor within Glass/Florida Room requires a $25.00 additional inspection fee 2.) Use of stem wall foundation requires a $25.00 additional inspection fee Clubhouse .',' $63.00/ square foot Pole Barn .' $12.00/ square foot House Foundation (Modular) ,. $10.00/ square foot .... Raised Patio ,. $100.00/ Flat Fee " Screen Roomor'! Raised Patio $125.00/ Flat Fee , Screen Room to Glass Room ',. ",'. $100.00/ Flat Fee ResidentialPools/ in-groLl~\i $250.00/ Flat Fee, Residential Pools/ aboveground $100.00/ Flat Fee 1.) No permit are required if above ground pool is under 24" in heighV per code 2,) Separate Building Permits are required if wood deck is to be buiit around above ground pool PooFEnclosure 75.00/ Flat Fee Renovations (Shopping Center) $5.00/ square foot 1 1 3 4 5 6 Underline is for addition St. ilJE. TI" ¿....è1. is for delelìon Res. No 01-132 D..lt #1 PrintDate: 08114101 Page 3 7 8 9 10 11 12 13 14 15 16 17 18 19 2m 22 23 24 25 26 27 28 29 30 31 32 "" ....., 1 2 3 4 TABLE B RESIDENTIAL BUILDING VALUATION COMPUTATION SCHEDULE FEE UNIT OF MEASURE Wood Frame with Plywood or Lap Siding $36.00 Sq.Ft. Concrete Block Structure with Stucco, Hardy Plank or Masonry Siding $45.00 Sq.Ft. Concrete Piers or Piling Foundation $3,00 -- Wood Sub-floor over Crawl Space or Concrete Slab over CrawlSpace $3.00- -- Medium Pitch Gable/Hip/Shed Roofs with Five (5) Feet or less Overhang .." $1.50 -- .'.. Architectural 40 Year Fiberglass Shingle Roof Material ", $2.50 -- , ",.,' , Clay or Cement Tile Wood Shake or Metal Roofs $1.00 -- , Tile. Wood or Marble Interior Flooring $1.00 -- Unique Architecture $2.00 -- , .' Custom Widows i ' '.,'. $1.00 Each , Four or More Sets of French Doors ..... $1.50 Ea. >4 Four or MOré8aths $1.50 Ea. >4 1 , 4 8 1 Legend: Sq. Ft. = Square Feet ************************** Underline is for addition Gt.:hð TI"ö",:;,I. is for deJetion Res, No,: 01-132 Draft #1 PrintDate: 08114/01 Page 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2§ 27 28 29 30 ~ ...., 1 2 3 TABLE C OVER THE COUNTER PERMITS Fee Comments Electrical Permit $75.00 Flat Fee Plumbing Permit $75.00 Flat Fee Roof Permit $75,00 Flat Fee Gas Permit $75,00 Flat Fee Fence Permit $75.00 Flat Fee HVAC Permit (new system! includes electric) . $100.00 Flat Fee Storm Shutter $75.00 Flat Fee , Siding ..."., $75.00 Flat Fee Locational shed permit (less than 144 square feet) .,'.' $75.00 Flat Fee " Shed (wood)! with or without electric (Iocational permit) $100.00 Flat Fee --- - ~ Wall Signs .....-><- - ........... no electric ,. , $75.00 Flat Fee , with electric .'.' .' $100,00 Flat Fee additionalwallsigos (with or without electric) under same permit $25.00 Each application Canopy Sign $75.00 Flat Fee additionälcanopy sigO¡¡ uQder same permit application $25.00 'Each Sign Refacing (When No Eogineering Is Required) $75.00 Flat Fee Concrete! Slab $75.00 Flat Fee , ~ t "Qvefthe Counter Permits" assume that there will be one inspection only. Each additional inspection will require a $25.00 inspection fee, Underline is for addition 01, i~. Thro";" is for deletion Res, No, 01-132 Draft #1 PrinlDale: 08114/01 Page 5 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 \wi '--' 2. Construction Permit Fees shall be on valuation per square foot basis. New construction projects may include the normal trade permits in one encompassing permit fee according to the following schedule: 1 Valuation Fee $100.00 and less No fee, unless inspection required, in which case $50.00 for each inspection shall be charged. $101.00 to $2,500,00 Fee of $75.00 $2,501.00 to $ 25,000.00 1 $ 150 base fee, plus .75% of the value of construction $ 25,001.00 to $100,000.00 $ 250 base fee, plus .65% of the value of construction $100,001.00 to $250,000.00 $ 750 base fee,<plus.55% of the value of construction $250,001.00 to $500,000.00 $ 1,500 base fee, pIÜs.45%of the value of construction $500,001.00 and up $ 2,800 base fee, plus .35%ofthe value of construction · Moving of building or structures: For the moving of any building or structure,lhe fee shall be $100.00. (Note: additional fees to be assessed by County Engineers Office for moving of structures along County Roads) · Demolition of building or~tructutes: the demolition of any building or structure, the fee shall be $75.00. · MObileHomes, Park Models and Recreational Vehicles: Fortheinstallation of a sing Ie wide mobile home unit or a park model, the fee shall be $200.00, For each additional manufactured module the fee shall be an additional $75.00. For the installation of recreational vehicles the fee shall be $125.00. Note: The above fees include the set up, water and sewer hook-up, electrical, gas and HVAC permits when done by qualified contractors. Where work for which a permit is required is started prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fee shall Underline is far addition Ðt. :1.3 TI" .:....111. is for deletion Res, No,: 0,.,32 Draft #1 PrintDate: 08114101 Page 6 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 ..... ~ not relieve any persons from fully complying with the requirements in the execution of the work nor from any other penalties prescribed herein. 3. Plan examination fees shall be according to the following schedule: TYPE OF BUILDING FEE Apartment Houses (five or more units) Dwellings (per unit up to four) Non-Residential Buildings $ 250,00 $ 50.00 $ 150,00 4. Miscellaneous trade and construction permits including, but not limitedto plumbing, mechanical, electrical, gas, remodeling, additions, fences,pools, sheds,signs,docks, etc., not otherwise addressed in Tables A, B, or C above shall be on a valuation basis according to the following schedule: $100.00 and less No fee unless inspectionisrequired, in which case $50.00 for each inspection shall be charged $101.00 to $2,500 Fee of $75.00 $2,501 plus $150,00 for the first $2,500 plus 1% of the amount in excess of $2,500.00 5. Re-inspection fee. In the inspection of any building for which a permit has been issued, if it is determined that the work does notmeetcode, a re-inspection fee shall be charged. The fee for a re- inspection shall be as JOllows: 1 sl re-inspection 2nd re-inspection 3'd re-inspection 4'h re-inspection >4 re-inspection $ 25.00 $ 2~.00 $ 50.00 $ 100.00 $ 150.00 $ 150.00 each add'tl inspection The re-inspectionfeesshall be applicable to only that work for which the first inspection was failed or rejected. Re-inspection charges shall not be cumulative to other inspections required as part of the building permit process. 6. Automated Building Permit Fee: All building permits, zoning compliance certificates or other permits issued or authorized by the Department of Community Development shall be subject to a two dollar ($2) Underline is for addition Ðt. ila~. T ;¡¡ ðl1QI. is for deletion Res, No,: 01-132 Draft #1 PrintDate: 08/14/01 Page 7 , /" To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-" ....., Agenda Request 3·¡.( August 21, 2001 Item Number Date: Consent Regular Public Hearing Leg, [ ] [ X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development irector Job Growth Investment Grant for Rheinlander Instrument Corporation Rheinlander Instrument Corporation is a manufacturer of precision metal parts. Rheinlander has been located in the St. Lucie County Airport Industrial Park for just over 20 years, after relocating here from New York in the late 1970's. The company is adding an additional 4,000 square feet of manufacturing space and will be adding an additional five (5) full time jobs with an average hourly rate of $16.74/ hour. As part of their expansion activities, Rheinlander has requested that the be awarded a Job Growth Investment Grant in the amount of $6,000 to assist in defraying some of the capital costs associated with this facility expansion. On May 23, 2001, the Job Growth Investment Grant Committee met to review this request, and after that review, the committee unanimously to support the request. Funds are available through the County's Job Growth Investment Grant Funds, On May 23, 2001, the Job Growth Investment Grant Committee met to review this request, and after that review, the committee unanimously to support the request. Staff recommends that the Board approve the requested Job Growth Investment Grant in the amount of $6,000, Payments would be made over a period of two years beginning in FY 2001/02. COMMISSION ACTION: OCJ APPROVED U D OTHER DENIED County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGENDenc001 ) 'w' ..".¡ Commission Review: August 21, 2001 COMMUNITY DEVELOPMENT DEPARTMENT Economic Development MEMORANDUM TO: County Commission FROM: Dennis Murphy, Interim Community Development Director DATE: August 8, 2001 SUBJECT: Job Growth Investment Grant for Rheinlander Instrument Corporation Rheinlander Instrument Corporation is a manufacturer of precision metal parts. Rheinlander has been located in the St. Lucie County Airport Industrial Park for just over 20 years, after relocating here from New York in the late 1970's. The company is adding an additional 4,000 square feet of manufacturing space and will be adding an additional five (5) full time jobs with an average hourly rate of $16.74/ hour. As part of their expansion activities, Rheinlander has requested that the be awarded a Job Growth Investment Grant in the amount of $6,000 to assist in defraying some of the capital costs associated with this facility expansion. On May 23, 2001, the Job Growth Investment Grant Committee met to review this request, and after that review, the committee unanimously to support the request. Staff recommends that the Board approve the requested Job Growth Investment Grant in the amount of $6,000. Payments would be made over a period of two years beginning in FY 2001/02. If you have any questions on this matter, please let us know. DJMI attachment rheinlanderbccmeemo1 (h) cc: County Admnistrator County Attorney Economic Development Manager Job Gro'W1h Investment Grant Committee '-' ...., ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT THIS AGREEMENT is made as of the 23cd day of May, 2001 by and between St. Lucie County, a poli tical subdivision Of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY and RHEINLANDER INSTRUMENT CORPORATION OF FLORIDA INC. ( ) as individual, ( ) a partnership, (X) a corporation authorized to do business in the State of Florida, hereinafter referred to as the COMPANY, whose Federal I.D. or social security number is 111973827. WIT N E SSE T H: WHEREAS, it is the policy of the COUNTY to stimulate short term economic growth in St. Lucie County, by either attracting new businesses to St. Lucie County or by encouraging the expansion of existing businesses within St. Lucie County; and WHEREAS, the creation of new employment opportunities for residents of St. Lucie County and the increased tax revenues resulting from such business expansion or relocation with St. Lucie County is beneficial to the local economy; and WHEREAS, the Board of County Commissioners has determined that offering a Job Growth Investment Program encourages either businesses to expand or new businesses to enter St. Lucie County and thereby create new employment opportunities for the residents of St. Lucie County; and WHEREAS, Commissioners, St. Lucie County, through its Board of has created a Job Growth Investment Fund; and County WHEREAS, the COMPANY will either relocate to St. Lucie County or expand its existing business in St. Lucie County and thereby create certain new employment opportunities at a certain average salary level in St. Lucie County in accordance with the Job Growth Investment Grant Program criteria if the COUNTY provides to the Company a Job Growth Investment Grant; and WHEREAS, the COMPANY has been determined to be eligible to receive a Job Growth Investment Grant by the COUNTY's Job Growth Investment Grant Review Committee and Economic Development Division; and WHEREAS, the COMPANY acknowledges that this Agreement shall be based upon proven performance of the requirements of these grant procedures; and, WHEREAS, the COUNTY finds and declares that it is in the public interest to award a Job Growth Investment Grant to COMPANY pursuant to the terms of this Agreement. G:economic/managerIJGIG/JGIGagreement June 29, 2001 - 1 - '-' """" County shall pay $1000.00 per Full-Time Equivalent Job. Bonus criteria shall apply as set forth in Exhibit "B". b. Eligibility Determination; Payment. The initial eligibility determination for payment of the JGI Funds shall be made on the first anniversary of the Effective Date. Subsequent eligibility determinations shall be made at each subsequent anniversary of the Effective Date. Payment of JGI Funds shall be made within forty-five (45) days after the date the COMPANY submits the last annual unemployment compensation report comprising the Annual Job Status Report (as defined in Paragraph 7), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last annual unemployment compensation report, as described above, not coincide with the date that an eligibility determination is made, the COMPANY shall have the right to file a report, in form substantially similar to an annual unemployment compensation report, and in such event, such report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45)-day period within which payment shall be made. 4. Relocation Commi tment. As a condi tion precedent to, and as consideration for obtaining JGI funds from COUNTY, the COMPANY agrees to locate or expand its business operations to St. Lucie County for a period of at least six (6) years to a suitable site as described on Exhibit "A", which is attached hereto and made a part hereof. 5. Job Creation Commitment. As a further condition precedent to, and as consideration for obtaining JGI funds from COUNTY, the COMPANY agrees to create a minimum of 5 Full-Time Equivalent Jobs in St. Lucie County as more specifically set forth on Exhibit "Bu, which is attached hereto and made a part hereof. The COMPANY's failure to maintain its job creation commitment for anyone year will result in the forfeiture of the Grant amount for those Full-Time Equivalent Jobs not created it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY's receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its job creation commitment. 6. Salary Level Commitment. As a further condition precedent to and as consideration for obtaining JGI funds from COUNTY, COMPANY agrees to pay an average wage of not less than $12.10 per hour annually for those jobs which are eligible for grants hereunder which wage shall be adjusted for inflation to conform to the County's growth rate as determined by the Department of Labor without taking into account the value of any benefits. The COMPANY shall provide written verification satisfactory to COUNTY to such average salaries in accordance with the provisions of paragraph 7 herein below. The COMPANY'S failure to maintain its salary level commitment for any one year will result in the forfeiture of the Grant amount for those Full-Time Equivalent Jobs where the salary commitment was not G:economic/manager/JGIG/JGIGagreernent June 29, 2001 - 3 - '-" .....I maintained it was scheduled to receive for that year; however, such forfeiture will not preclude the COMPANY's receipt of scheduled Grant amounts for subsequent years in which it is able to maintain its salary level commitment. 7. Annual Job Status. The COMPANY must provide the COUNTY with quarterly unemployment compensation reports (Form UC6) of its business operations within St. Lucie County on the State form UC6 as amended which is attached hereto and made a part hereof as Exhibit "C". The COMPANY shall provide the reports at the same time it provides the State of Florida with the reports but no less frequently than semi-annually. The cumulative unemployment compensation reports required to be filed for the annual period prior to each eligibility determination shall collectively comprise the Annual Job Status Report. 8. Grant Restriction. The JGI funds available under this Agreement as referenced in paragraph 2 will be provided only for reimbursement of expenses associated with the physical move, relocation and/or expansion of the COMPANY to St. Lucie County including but not limited to corporate or company relocation expenses, infrastructure costs, leasehold improvements, company sponsored child day care facilities, rent for company facilities, lease buyouts, training expenses and other expenses approved by the Job Growth Investment Grant Team. 9. Default; Termination. In the event COMPANY performance of its guarantees and commitments as this Agreement, the COUNTY may, at its option, Agreement. defaul ts in the provided for in terminate this 10. Indemnification. For ten and 0/100 ($10.00) dollars consideration, receipt of which is hereby acknowledged, the COMPANY shall indemnify and save harmless and defend the COUNTY, its servants, and employees from and against any and all claims, liabilities, losses, and/or cause of action which may arise from any negligent act or omission of the COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 11. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in St. Lucie County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 12. Lobbyist Certification. The COMPANY warrants that it has not employed or retained any company or person, other than a bona fide G,economic/manager/JGIG/JGIGagreement June 29, 2001 - 4 - '-' ....., employee working solely for the COMPANY to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 13. No Discrimination Certification. The COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 14. Attorneys' Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that acEion or proceeding, in addition to any other relief to which such party or parties may be entitled. 15. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY'S failure to maintain its job creation commitment or salary level commitment for anyone year will result in the forfeiture of the Grant amount it was scheduled to receive for that year; however, such forfeiture will not preclude COMPANY'S receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and salary level commitment. 16. Assignment. other persons or approval. COMPANY shall not assign this Agreement to any firm without first obtaining COUNTY'S written 17. Conflict of Interest. The COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The COMPANY further represents that no person having any interest shall be employed for said performance. G:economic/rnanager/JGIG/JGIGagreement June 29, 2001 - 5 - ~ "'WI 18. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to the COUNTY shall be mailed to: St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL 34982 with a copy to: St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 and if sent to the COMPANY shall be mailed to (current, official address) : 2601 Industrial Avenue #3 Fort Pierce, FL 34946 19. Entire Agreement. The COUNTY and the COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. IN WITNESS WHEREOF, the Board of County Commissioners of St. Lucie County, Florida, has made and executed this Agreement on behalf of the COUNTY and COMPANY has hereunto set its hand the day and year above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney WITNESSES: Rheinlander Instrument Corporation of Florida Inc. BY: Title Typed Name (Corporate Seal) G:economic/managerlJGIG/JGIGagreement June 29, 2001 - 6 - '-' ....., EXH:IB:IT "A" TO THE JOB GROWTH :INVESTMENT GRANT AGREEMENT BETWEEN ST. LUC:IE COUNTY AND RHE:INLANDER :INSTRUMENT CORORAT:ION OF FLOR:IDA :IN. (To be completed by Program Administrator) Company Identification and Information: Applicant code number: Application date: Company description: 01-1 May 7, 2001 Manufacturer of precision parts Company new location address: 2601 :Industrial Avenue #3 Fort Pierce, FL 34946 Company new mailing address (notify County of new address when known) : G:economic/manager/JGIG/JGIGagreernent June 29, 2001 - 7 - ......... '" EXHIBIT "B" TO THE JOB GROWTH INVESTMENT GRANT AGREEMENT BETWEEN ST. LUCIE COUNTY AND RHEINLANDER INSTRUMENT CORP. (To be completed by Program Administrator) I. Target Industry Category eligible for application. Qualified companies will fall in either the manufacturing and related industries, or high tech/high wage industry sectors (as defined by Enterprise Florida), or energy sector: Aviation/Engineering (eligible for 10% cluster bonus) Agriculture/Aquaculture/Food Processing (eligible for 10% cluster bonus) Business/Financial Services (eligible for 10% cluster bonus) Computers and Electronics Industries (eligible for 10% cluster bonus) Biotech/Medical/Pharmaceutical Industries (eligible for 10% cluster bonus) Marine Manufacturing Industries (eligible for 10% cluster bonus) Sports/Recreation Manufacturing Industry (eligible tor 10% cluster bonus) Research & Development related industries (eligible for 10% cluster bonus) Companies that utilize green technologies (eligible for 10% cluster bonus) X National Corporate Headquarters (eligible for 10% cluster bonus) Other (not eligible for cluster bonus) II. Application Section Criteria: X Expansion (5 jobs) New Business (#___ of jobs) Relocation (===- or jobs) III. Employment Commitment: COMPANY is receiving this grant based upon its representation that it will bring the following employment opportunities to St. Lucie County: 1) 26 - 2) 5 - 3) _74%_ 4)$16.74 5)$12.10 6) $3.5mil Total number of employees (new and existing) expected during term of grant New, full time employees (eligible for grant application) expected during term of grant % of County residents (to be verified by employee's quarterly unemployment compensation report) Average salary of all employees to be employed by company except for Top Salary Average salary; St. Lucie County average Capital Investment Amount (Building improvements, equipment etc). (TO BE COMPLETED BY PROGRAM ADMINISTRATOR) G:economic/manager/JGIG/JGIGagreement June 29, 2001 - 8 - '-" ...., GRANT AWARD CALCULATION NOT TO EXCEED $200,000 MAXIMUM, INCLUDING BONUSES $1000 Base Amount ($1000.00 x Dollars per job) x (5 jobs) IV. Grant Amount: Bonuses (use 10% x base amount on each of the following: 50 or more total jobs (10% bonus) X 50% or more local hires (10% bonus) 75% or more local hires (20% bonus) 90% or more local hires (25% bonus) X Average salary for applicant's jobs will be 125% of St. Lucie County average salary (10% bonus) Average salary for applicant's jobs will be 150% of ~t_ Lucie County average salary (20% bonus) Average salary for applicant's jobs will be 175% of St. Lucie County average salary (25% bonus) Targeted industries (as identified under I, page 9) Use of local contractors for construction activity* (10%) +$1000.00 Total Bonuses $6000.00 Total Grant (base amount + total bonuses) Road Impact Fee Reimbursement $6000.00 Total Grant (including road impact fee) * Local contractors - those contractors who are licensed in St. Lucie County ad have an office located in St. Lucie County. G:economic/rnanager/JGIG/JGIGagreernent June 29. 2001 - 9 - w 'wtI EXHIBIT "C" Attach a copy of use 6 Form G:economic/manager/JGIG/JGIGagreernent June 29, 2001 - 10 - ..~.., '.....,.....""" , '. ~ r r<-lr:r¡;r~ A; ~ 1 A j;;-R:~;~~~ FL" 1, ~' m . r)rrtItj~· 'F;n~~~" $]: ij i -, ~ rr:tTW"" , r:' ." ~1?1~ "1~r I :!II! ' 'irr'L" r¡ i ìr~·' ~'~FJ§ r ~~'I"'ì~ "¡ "tn, '. 'f 'Ÿ ,l~ L _~ ~ '1 ,y t, . .j í . ~ R', t : ! 1 . - ~ 6' .. ~þ. . ~:DTc[tcI:H I\~Ö) [ri~lli)'[~!~ ;;:~: j;.'TJIL.nl k :¡ ,~ r¡~ ~;:dl~ i;I·/....,i: ':: rL'~)or!'; rl:!J,!í¡j:I;:;~; 1" ~::iì:; :, DUE OAr rUlt\UY ¡\FT[n O/ìíE o.bnf120òt 04/30/2001 DoIOØlAllh.n, TAXRAT£ dIInges /0 !lie ~ .0128 /nIøørrs/IM on ..../arm. Ifdtanges are l1eed- SIC CODE ed, rompIete the ..- Employer 3545 AC€-ount Change fom¡ (UC5-3) I~II ~II ~IIIIII~IIIIII~ ~IIIIIIII ~IIIIIIIIII ~II RHEINLANDER INSTRUMENT CORP 1. Enter the 10!:11 number 01 full-lime and part-limB covered workers Wl1U pe,larmed services durinQ or received pay lor the payron period illdl.lding the 12th of Ihe month. 2. GIUSS Wages Paid This QuJrter (Must IJe same as item 131 ..~ --} '[' I"~ ~~~{.;: .~~~.~j: ! 'l " ' ¡., :-~~~t -, l2l7~~. ~ ¡ ';', ~ .r' . L !j <, " ¡", " . " ¡ 2" 9 ),' 3. WIQeS Paid This Ouar1er in Excess of 51,000 Per Emplovee This Year 4. TaJQbfe Wages For This Quarter (lIem 2 minus item 3) 5. Tax Due (Mulhply item 4 by Tax Rille I 6. Penally Due (~einslruclioos) I cer1<fy the information conlained on this report is true and COffee1 and no part of the uncmploymenllax WJS, or is 10 be ¡Jed( [;t~ rrom (he cmployec's walJes SionJ1IJIC 7. Internt Due (See instructions, 8. Total Amount Due Make check payable to: Florida U.C. Fund (illess lhan 11.00 no remill¡nre I~ ßece~~at'YI Title: Phone Dale" Preparer"stlame: Preparer's Phone:__ 9, EMPLOYEE'S SOCIAL SECURITY tlUMBER 10. EMPLOYEE'S NAME' ·pluse print .irst eleven characters of last name in boxes Firsl Middle last Name Initial In-itial - III ~ 1 ~";1='''IIJI 'Ð!I .' If Required Use Reverse Side For Additional Employees 12. Total Gross Wages This Pa~e ~ 1234 13_ Tolal Grass Waoes All Pages (Must be gme as item 2 - Gross Wages) .... ': \ 11. EMPlOYEE'S GROSS WAGES PAlO THtS aUARTER ~ . ". , , . ~ ...,!r.>"%i1¥: ~ . '.' I ' .~,-:;eIIW' , Ll ~ [ - ' DO NOT DETACH --------------------------------------------.------------------------------------------------------------------------------ Florida Department of Revenue T r::l ~ ì ::T~l ::TT.--r.=~' ACCOUNT ~O, ~8 q5 1,3 t~j UCT-6 R. 0J/01 COMPLETE and MAIL with Your REPORT/PAYMENT. Please write ACCOUNT NUMBER on Your Check, Be sure to SIGN YOUR CHECK, Make check payable ta: Florida U C fU<\L L AMOUNT ENCLOSED [jl .LiJJ b1~ ENTER BUSINESS NAME: RHEINLANDER INSTRUMENT CORP PAYMENT FOR QTRlYR 10 q 1 f2/ 0 rõf1l ~ ...,,¡ Florida Division of Unemployment Compensation Employer's Quarterly Report Quarter Ended: 31-Mar-01 Account # 0462853-5 EI# 11-1973827 Employee's Employee's Social Security Employee's Gross Wage Number Name Paid This Quarter --------------------- --------- - --- --- - - --- - - --- -- --------------- 054-34-5498 Allen, Constance 4818,35 595-68-0871 Beier, Brian P 96.00 120-52-8340 Beier, Carl 26143.00 051-48-4471 Beier, Eric 11602.50 119-52-4968 Beier, Peter 36478.00 590-78-4874 Beier, Stephen J 96.00 061-60-8580 Beier, Traci 8450.00 091-44-9763 Beier, William 15371.76 125-48-0845 Cintron, Rene 13181.11 308-16-8073 Crickmore, Kenneth 4378.50 262-33-3231 Davis, Lorenzo 7337.57 125-42-1392 Doane, Constance 7164.52 181-34-5224 Dombrosky, Benjamin 6966.52 263-39-0319 Farineau, Darlene 5095.66 112-60-0737 Ganser, Christopher 4991.52 057 -42-6036 Haas, Martin 13288.27 279-36-1308 Jackson, Josephine 7258.75 265-93-6903 Lang, Eric R 5767.61 112-34-1797 Lang, Raymond 13416,22 264-43-6063 Lynch, Pamela 19189.95 070-36-9371 MacGrady, Daniel 11072.02 245-48-6953 Matthews, Dorothy 6004.38 023-32-1022 Plasson, Peter 9660.50 593-51-8854 Rancourt, Veronica 3658.89 229-90-4245 Rudisal, Dennis 9156.70 463-78-5014 Sanders, Jay 6472.68 107 -32-2340 Strickland, Leonard 11637.33 106-44-0868 Whitcome, David 7241.94 075-36-1473 Whitcome, Maureen 4281.57 --------------- 280277,82 "-' """" RHEIN LANDER INSTRUMENT CORPORATION, INC. 2601 Industrial Avenue #3 Fort Pierce, FL 34946 Tel.: 561-464-4783 Fax. 561-466-8392 April 20, 2001 St Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 ~PR ¿ 7 : ~ / T AUn: Kathleen Stubbolo Dear Kathleen: I enjoyed meeting with you and appreciate your interest in our company. As a follow up to that meeting, I am writing this letter with the additional information you requestêd. The first thing, you were interested in, was "the types of jobs" we have. We have a variety of jobs that stem from highly technical (requiring special training) to basic positions. Find below a listing of positions: Deburrer Quality Control Machinist Shipping clerk Set Up Personnel Office Personnel Machine Operators Assemblers Statistics on emplovees (excluding Shareholders/Officers) Number of employees currently.. ......... ......... ....................... .... ... ..23 Percentage of employees who are St Lucie County residents...... .......74% Average rate of pay Full Time Only..................... ...................................... ...$16.74 All Employees........................................................... ....$16.09 Average rate of pay (including benefits) Full Time Only....... -.................... .................................. .$18.49 All Employees... ...... .......... ...... .......... ........................... .$17.82 Benefits offered to our emplovees (subiect to aualification) Company paid Individual Health Insurance Life Insurance Emplovee paid Additional Life Insurance Short Term and Long Term Disability AFLAC benefits FROM: PHEINLHNDER PHOr~E NO. 5614668392 Hpr. 20 2001 09:46HM P3 '-' ....., A cafeteria plan is also available where some of these benefits can be offered on a pre- tax basis. We also have a SIMPLE-IRA retirement plan, which receives matching contributions from the employer. Next, you asked if we could speculate on what our building expansion will mean to our business. A Point of Interest: Please note that a majority of our customers are outside of St Lucie County, and in many cases outside of the state. This allows our firm to bring revenues and jobs to St. Lucie County, which otherwise would not have been available. In the next two years, five new positions would be reasonable to expect. In the next five years, ten new positions could be possible. We also believe that our revenue growth would be substantially greater, due to the usage of that space and the ability of our employees to multi-task. Finally, you asked if I could tell you of our capital investment in this community. We have fixed assets of approximately $3,000,000. When the new space is complete, we expect to add half a million in fixed assets immediately- We also own our building, which is valued around $700,000, and an undeveloped piece of land (in the Airport Industrial Park) valued at approximately $100,000, I hope this letter will suffice and that you can submit our request for the· Job Growth Investment Grant". I also intend to apply for the "AdValorem Tax Incentive Program", and would appreciate if you could provide information on the "Incumbent Worker's Grant" discussed at our meeting. In closing, please accept our thanks. Growth is always a challenge, and rapid growth can be difficult. The programs you offer show that St. Lucie County is committed to growth and willing to put action/support behind its words. Again, Thank You in advance for your efforts on our behalf anÓ'the consideration of the County . V ().ffiQQa ~ f\ C~ Pamela Lynch Controller Sign~d, -.. ,_. ~ """" ITEM NO. C'3£ AGeNDA REQUEST DATE: August 21,2001 CONSENT [X] REGULAR [ ] PUBLIC HEARING [ ] BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community DeveloDmentITourism Division SUBJECT: Tourism Special Event Grant Agreement - Fort Pierce Jazz Society BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Account Number 611-5210-582000-500 Aid to Private Organization RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed special event agreement for the Fort Pierce Jazz Society, Inc., and authorize the chairman to sign the agreement. , . COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: Coordination/Slanatures county Attorney: ~ Management & Budget:~rnrrurchasing: Originating D~ other: other: Finance: (Check for Copy only, if applicable) FORMSlAONREQ ~ , ¥ ..., Tourism Memorandum To: Board of County Commissioners From: Gayla Barwick, Tourism Date: August 15, 2001 Re: Tourism Special Event Grant Agreement - Fort Pierce Jazz Society, Inc. Inc. BACKGROUND: In accordance with previous Board direction, the Tourist Development Council has instituted a special event grant program to assist local organizations in promoting their events. The grants are paid from Tourist Development Tax funds. Attached to this memorandum is a copy of the proposed grant agreement for the Fort Pierce Jazz Society, Inc. Pursuant to the agreement, Fort Pierce Jazz Society, Inc. will receive a special event grant in the amount of one thousand and 00/100 ($1,000.00). CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed special event grant agreement for the Fort Pierce Jazz Society Inc., and authorize the chairman to sign the agreement. Respectfully submitted, ~^,,-,,,G: Gay a Barwick, Tourism Manager Attachment Copies to: County Administrator County Attorney Finance Director Management and Budget Director Interim Community Development Director Contracts Coordinator "'" ...", SPECIAL EVENT GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and FORT PIERCE JAZZ SOCIETY, or its successors, executors, administrators, and assigns hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the amount of one thousand and 00/100 dollars ($1,000.00) to be used to as set forth in its 2000-2001 Special Event Grant Application, incorporated herein by reference. Pa)1l1ent to the Recipient shall be made in one lump sum pa)1l1ent within thirty (30) days of the date this Agreement is fully executed. 2. Within sixty (60) days following the event or the date of this Agreement, whichever is later, the Recipient shall provide the 81. Lucie County Tourism Development Manager with a report on the event funded by the grant including, but not limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event, and a copy of the brochure, flyer or poster used to market the event. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used acc~rding to this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient gives the County the right, until the expiration of three (3) years after 1 ~ ...., expenditure of funds under this agreement. to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold hannless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 7. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the S1. Lucie County Tourist Development Council. 9. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: 2 """ ..., To the County: With copies to: S1. Lucie County Administrator 2300 Virginia Avenue Fort Pierce. Florida 34982 St. Lucie County Anomey 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tourism Development Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: Fort Pierce Jazz Society 1165 South U.S., PMB#12 Fort Pierce, Florida 34950 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any fonns for agreement modification, the Recipient agrees to use said fonns. II. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 12. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Florida Statutes 112.311 (2000) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest 3 ¥' -.",,¡I or other circumstance which may influence or appear to influence the Recipient'sjudgment or quality of services being provided hereunder. Such written notification shalJ identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. [Remainder of page intentionally left blank.] 4 "" ,."", IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. A TrEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: t BY: COUNTY ATTORNEY BY: NAME: J)f1RfZ~ T TITLE:-.fgE::.Si Dffn- g: \agreemnt\contract\tdc.event.jazz. wpd 5 ~ ~ ...., . ITEM NO. C /3f AGENDA REQUEST DATE: August 21, 2001 CONSENT[X] REGULAR [ ] PUBLIC HEARING [ ] BOARD OF COUNTY COMMISSIONERS SUBJECT: Tourism Special Event Grant Agreement - Treasure Coast Food B SUBMITTED BY: Community DevelopmenVTourism Division BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Account Number 611-5210-582000-500 Aid to Private Organization RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed special event agreement for the Treasure Coast Food Bank, Inc., and authorize the chairman to sign the agreement. COMMISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: CoordinationfSianatures County Attorney: .~¡þ-.~ Management & Budget: ~chasin9; Originating DePt~ Other: Other: Fl18nce: (Check for Copy only, if applicable) FORMS\AGNREQ / "'" ....., Tourism Memorandum To: Board of County Commissioners From: Gayla Barwick, Tourism Date: August 15, 2001 Re: Tourism Special Event Grant Agreement - Treasure Coast Food Bank, Inc. BACKGROUND: In accordance with previous Board direction, the Tourist Development Council has instituted a special event grant program to assist local organizations in promoting their events. The grants are paid from Tourist Development Tax funds. Attached to this memorandum is a copy of the proposed grant agreement for the Treasure Coast Food Bank, Inc. Pursuant to the agreement, Treasure Coast Food Bank will receive a special event grant in the amount of one thousand and 00/100 ($1,000.00). CONCLUSION/RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed special event grant agreement for the Treasure Coast Food Bank, Inc. and authorize the chairman to sign the agreement. Respectfully submitted, ,~ßCÅA.l'-')~G Gayla BarwIck, Tourism Manager Attachment Copies to: County Administrator County Attorney Finance Director Management and Budget Director Interim Community Development Director Contracts Coordinator .' .. '-" """" SPECIAL EVENT GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2001. between ST. LUCIE COUNTY, a political subdivision of the State of Florida. hereinafter called the "County", and TREASURE COAST FOOD BANK, INC., or its successors, executors, administrators, and assigns hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the amount of one thousand and 00/1 00 dollars ($1,000.00) to be used to as set forth in its 2000-2001 Special Event Grant Application, incorporated herein by reference. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days of the date this Agreement is fully executed. 2. Within sixty (60) days following the event or the date of this Agreement, whichever is later, the Recipient shall provide the St. Lucie County Tourism Development Manager with a report on the event funded by the grant including, but not limited to, the number of attendees at the event, a list of hotels and/or other accommodations used by participants and attendees at the event, the number of room nights generated by the event, and a copy of the brochure, flyer or poster used to market the event. 3. The Recipient shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used acc.ording to this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient gives the County the right, until the expiration of three (3) years after 1 ~ """" expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, docwnents. papers, and records of the Recipient involving transactions related to these grant monies. All required records shaH be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the tenn of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 7. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 8. All publications, media productions and exhibit graphics shaH include the following statement: Sponsored in part by the St. Lucie County Tourist Development Council. 9. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: 2 · "'" ...,., To the County: With copies to: St. Lucie County Administrator 2300 Virginia A venue Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tourism Development Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: Treasure Coast Food Bank, Inc. 1102 South U.S. #1 Fort Pierce, Florida 34950 10. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any fonns for agreement modification, the Recipient agrees to use said fonns. II. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 12. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required hereunder, as provided for in Florida Statutes 112.311 (2000) and as may be amended from time to time. The Recipient further represents that no person having any interest shall be employed for said perfonnance. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest 3 ¥ -.."",I or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association. interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the tenns of this Agreement. 13. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 14. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. [Remainder of page intentionally left blank.] 4 "" ..., IN WITNESS WHEREOF, the pIIrties have caused the execution by their duly IUIbori.zed officials IS of the day and year first written above. A ITEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO FORM AND CORRECTNESS: BY: ~ ~,COUNT ÄITORNEY WITNESSES: TREASURE COAST FOOD BANK, INC. ~Á.-,<6q~ .,., , mlx~, BY: ~~1 !tJ I AUTHORIZED REPRESENTATIVE NAME: ~~Oe.L- TITLE: 'E'l-F(.LL'·IÙE"~; fl-EC.~ g:\agreemnt\contract\tdc.event.roodbank. wpd , 5 -' W' AGENDA REQUE$T ...,.¡ ITEM NO. C/3l DATE: August21,2001 CONSENT [X] REGULAR [ ] PUBUC HEARING [ SUBJECT: Tourism Advertising Grant Agreement - Treasure Coas BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community DeveloomenVTourism Division BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Account Number 611-5210-582000-500 Aid to Private Organization RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the proposed advertising agreement for the Treasure Coast Food Bank, Inc., and authorize the chairman to sign the agreement. COMMISSION ACTION: [x] APPROVED [ ] DENIED [ ] OTHER: Coordination/Signatures County Attorney: 'Y11# ():'h Management & Budget: ~urchasin9: Originating Dept.~ Other: Other: Finance: (Check for Copy only, if appHcable) FORMSIAGNREQ ,~:K" ,~ " / ~ ~ ---// "'.~ ~ .."",¡ Tourism Memorandum To: Board of County Commissioners From: Gayla Barwick, Tourism Date: August 15, 2001 Re: Tourism Advertising Grant Agreement - Treasure Coast Food Bank, Inc. BACKGROUND: In accordance with previous Board direction, the Tourist Development Council has instituted an advertising grant program to assist local organizations in promoting their events. The grants are paid from Tourist Development Tax funds. Attached to this memorandum is a copy of the proposed grant agreement for the Treasure Coast Food Bank, Inc. Pursuant to the agreement, Treasure Coast Food Bank will receive an advertising grant in the amount of one thousand and 00/100 ($1,000.00). CONCLUSION/RECOMMENDA TION: Staff recommends that the Board of County Commissioners approve the proposed special event grant agreement for the Treasure Coast Food Bank, Inc., and authorize the chairman to sign the agreement. Respectfully submitted, ~ ~ O-..A .. ..'\'-~c Gayla Barwick, Tourism Manager Attachment Copies to: County Administrator County Attorney Finance Director Management and Budget Director Interim Community Development Director Contracts Coordinator ,. '-" ""'" ADVERTISING GRANT AGREEMENT THIS AGREEMENT, made this day of A.D. 2001, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County", and TREASURE COAST FOOD BANK, INC., or its successors, executors, administrators, and assigns hereinafter called the "Recipient". IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Recipient a grant in the amount of one thousand and 00/100 dollars ($1,000.00) to be used to as set forth in its 2000-2001 Advertising Grant Application, incorporated herein by reference. Payment to the Recipient shall be made in one lump sum payment within thirty (30) days after the Recipient submits all required proof of publication or airing, as appropriate, to the St. Lucie County Tourism Development Manager. For a print advertisement, the Recipient shall submit an original or photocopy of the advertisement and the front cover of the publication showing the date of publication. For a television or radio commercial, the Recipient shall submit an affidavit from the station indicating the air dates and times. 2. Within sixty (60) days of the event or the date of this Agreement, whichever is later, the Recipient shall provide the 8t. Lucie County Tourism Development Manager with a report on the event funded by the grant including, but not limited to, the number of attendees, a listing of hotels and/or other accommodations used during the event, the number of room nights generated by the event, and a copy of the event brochure, flyer or poster used in marketing the event. 3. The Recipient shall have internal controls adequate to safeguard the grant. . 1 ¡ '-' ...." 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to this Agreement, any money not so used shall be reimbursed to the County. 5. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this agreement, to audit the use of the grant monies. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 6. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of or in any way connected with the use, occupations, administration or control of the above described services by the Recipient or its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Recipient agrees to comply with all local, state and federal laws, rules and regulations. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the S1. Lucie County Tourist Development Council. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges 2 " 'w ..." prepaid, and addressed to the parties at the following address: To the County: With copies to: St. Lucie County Administrator 2300 Virginia A venue Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tourism Development Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 To the Recipient: Treasure Coast Food Bank, Inc. 1102 South U.S. #1 Fort Pierce, Florida 34950 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Recipient agrees to use said forms. 12. Except as otherwise provided, this agreement shall be binding upon and shall insure to the benefit of the parties. 13. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2000) and as maybe amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance. The Recipient shall promptly notify the County in writing by certified mail of all potential 3 ; "-' .."" conflicts ofinterest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Recipient's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at hislher option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. 4 " '-" ..., IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: ~~ Afð~ COUNTY ATTORNEY WITNESSES: TREASURE COAST FOOD BANK, INC. By:~d I?W I AUTHORIZED REPRESENTATIVE NAME:-13(l~ ç ~a<e-L- (Print) TITLE: e't6(!.JJ.X"¡ vG 'J),i-e~ ~Jt~_ ~<A4 g:\agreemnt\contract\tdc,ad.foodbank.wpd 5 '- AGENDA REQUEST ...", ITEM NO. C-4a DATE: August 21,2001 REGULAR PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Donations Toward the Grand Opening of St. Lucie County Marine Center BACKGROUND: The City ofFt. Pierce, the Smithsonian Marine Station, Culpepper & Terpening, Inc, and Edlund & Dritenbas Architects have generously donated funds to be used toward the grand opening of the new St. Lucie County Marine Center. In order to use the donated funds for the intended purpose the Board must budget and appropriate the unanticipated revenue. The attached Budget Amendment 01-190 will accomplish this in accordance with Florida Statutes. FUNDS AVAILABLE: See attached Budget Resolution 01-190 PREVIOUS ACTION: None RECOMMENDA nON: Staff recommends the Board approve Budget Resolution 01-190 budgeting and appropriating the donations. K] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Coordination/Signatures C,"oty Attorn,y' XX ~þ""" M~' & Bodgot ~P=h"¡Og, ;: v-: Orig Dept: Central Services: r Finance: (Check for Copy only, if applicable) XX "~ ':.~: ,,-.~,.! '. ,,':" ,.¿ ;'\.j~¡{ft.li)!)i-:;r\Wf...ìAüE'NnAtS\Af,~n \-úS,,-2.LCiJ.,a.¡jd l)pt-n .I.ÍOO;'¡llon. \·",vli , . .. '-" RESOLUTION NO. 01-190 .."" WHEREAS, subsequent to the adoption of the SI. Lucie County Board of County Commissioners budget for SI. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of donations from the City of Fort Pierce, the Smithsonian Marine Station, Culpepper & Terpening, rnc and Edlund & Dritenbas Architects to be used toward the grand opening ceremony of the St. Lucie County Marine Center. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 21st day of August, 2001, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2000-01, and the County's budget is hereby amended as follows: REVENUES 001-1900-366900-76007 Donations $2,700 APPROPRIATIONS 001-1900-548000-76007 Promotional Activities $2,700 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson Commissioner Doug Coward Commissioner Cliff Barnes Commissioner John D. Bruhn Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 21ST DAY OF AUGUST, 2001. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ", .'~... ......... , .("j:\~UD(.n-~I:\Wf\AGf-'1\!t)A'S\Agtn~#,J 'O!~~llCì-D.OO Op:.n dofl3\lon w:,.,d ..... ~ AGENDA REQUEST ...., ITEM NO. C-4b DATE: August 21, 2001 REGULAR PUBLIC HEARING [ CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget for Judge Kenney PRESENTED BY: Marie Gouin SUBJECT: Furniture for the 7th Street Court Facility BACKGROUND: Judge Kenny's office has requested the items listed on the attachment to furnish the newly renovated 7111 Street court facility. Because the furniture was not budgeted within the project, there are not enough funds remaining to purchase the entire list. There is currently $2,922 remaining in the contingency account which, at the Board's discretion, can be used for this purpose. The balance of $5,151 will be moved from the Fine & Forfeiture Fund encumbrances carried forward account. FUNDS AVAILABLE: Will be made available in 107-712-551200-150097 Fine & Forfeiture, Equipment < $750, Renovate Old Ft Pierce Police Station PREVIOUS ACTION: None RECOMMENDATION: Staff recommends the Board approve purchasing the furniture and Budget Amendment 01-169 moving $8,073 from Fine & Forfeiture contingency and encumbrances carried forward accounts into the equipment <$750 account. COMMISSION ACTION: NCE: ---- [x] APPROVED [] DENIED [ ] OTHER: Coordination/S Ílmatures County Attorney: XX ~ ð- o~ Manage~nt & Budget: xX-1m (~urchaSing: xx It r- Qrig Dept: Central Services: XX I)(o-r- Finance: (Check for Copy only, if applicable) XX ,- 1--; .it',.~ ~:.::·".-.G:.\BfJ:GJQEJ,."\'iWP.1~A:s.\tl~11.\U&-2JJ4d..~'.::;.fW1UtI.;rth"".,n 10.... -.......Ii BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMS/Central Services PREPARED DATE: 08/15/01 AGENDA DATE: 08/21/01 ACCOUNT NUMBER ACCOUNT NAME AMOUNT TO: 107 -712-551200-150097 Equipment < $750 $8,073 FROM: 107-9910-599100-800 ContinQency $2,922 107-9910-599900-800 Encumbrances Carried Forward $5,151 REASON FOR BUDGET AMENDMENT: To place funds for the 7th 51. court facility furniturer into the DrODer account. - CONTINGENCY BALANCE: $2,922 THIS AMENDMENT: $2,922 REMAINING BALANCE: $0 DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: 01-169 DOCUMENT # & INPUT BY: ·.G;\B~ìFORMSIAMENDM01~wb3 '-' .., FISCAL YEAR 2000-2001 FUNDS APPROVED FROM CONTINGENCY FINE AND FORFEITURE FUND $2,922 DEPARTMENT ITEM ACCOUNT # AMOUNT Approved Budget Contingency 107-9910-599100-800 20,000 HR for Central Services Salary Adjustment 107 -9910-599100-800 12,068 OMB for Med, Examnr Medical Examiner 107-2710-581080-200 5,010 Total used: Balance Available 17,078 2,922 Proposed action: Courthouse Facilities Judge Kenney 107-712-551200-150097 2.922 Balance Available After Proposed Action: . . '.~ G:\BUDGETìQU.JITTROiGENERAL\FORMSIAMENDMD1.Wb3 DATE 12/12 BA01-117 OS/22 BA01-150 08/21 BA01-169 o ---- J ~-; ...- ':bl-Jô,S' "',8c\ '-" ,.>Q5RL: ,1 e: : ,.oROJSCT: 51Eo01DTtS 05/1(;,/1211 51Eo0iDTb PROJECT NAME: JUDGE KSNNEY [ p ':;,. Ii 1(., F,,',iE 01 ..."" UFFICE PRODUCTS ~ND SERVICES 5&1-4&4-Ø450 208 AVENUE A FORT PIERCE ,FL 3495Q BOARD OF CO COMMISSIONERS ST LUCIE COUNTY R20& 2300 VIRGINIA AVE FORT PIERCE 1 FL 34982-5&52 ATTNI ITEM aTY MFG PRODUCT ____,_____ ___ ______________________n ___~_______________________ ---------- ---------- DESCRIPTION SELL EXTENDED HON 10721-NN HDN 2 HON 10734-NN HON 3 HON lIð7i¡5R,NN HON I¡ 10 HUN 113755NN HDN 5 1 HON 107601NN HON 6 4 HON 107&2-NN HON 7 1 QRT í?Øl& QRT ~ &5elNB8-9a HDN q (,!:j45NBB\ ~B HON 10 1 HUN 8132311NN HON 11 HON 8500001P HON 12 1 W/H 914 13 2 HDN 95237N1NN 1 ¡'VS CAST/PL HON 14 lIVS PEN,72X3&,W/EP 367.f>B0 3&7.68 STACK ON &8' 348.%1'1 348.9b 24 X 72 CREDENZA RH 325.920 325.92 600KC~3E,5 SHELF, MY 287.520 2875.20 BRIDGE 42 X 24 107.52Ø 107.52 36' LATERAL 2 FF 304.320 1217.28 COSTUMER\72"-STANDING,WLNT 102.1t6J 11£12..,b EXEC,H6,PNEU,WING BK 37&.800 376.80 TRAD GUEST LEG CHAIR 24~. 120 2413. I~ TABLE DESK 72 X 36 397.92Ø 397.92 PLATFORM,KEVBOARD,BK 170.880 170.88 LOUfSEAT,TUFTED,TRADITIONAL 560.000 5&0.013 FINISH: MAHOGANV FABRIC: FORUM "GREEN" END 'TABLE, 24X24 143.520 267. 04 CASTER,F/FBSERIES,4/ST 20.1&0 20.tE> CONTINUED -- ,,,'o_n'~:~.j /.--::<,¡-4_'0 .. // ~ / '- ,-. lr ...... t·(~:.1t. IJ_ ...., 4;D:;~L : ~:¡:~: pROJECT~ 51&010T& 05/1£./01 51ó01DTG. , OFFICE PRODUCTS AND SERVICES 561-'164-0450 2138 AVENUE A FORT PIERCE . FL 349S( PROJECT NAME: JUDGE KENNEY BOARD OF CO COMM£SSIONFAS ST LUCIE COUNTY R20& 2300 VIRGINIA AVE FORT PIERCE , FL 34982-5&52 ATnJ: ITEM QfV MFG PRODUCT ---- ----- --- --------------------..-- -----------------~--------- ---------- ---------- DESCRIPTION SE:LL EXTENDED 15 1 BIJS FBØ2N B~S CART,COMPUTER,37X~,MV 191.521'} 191. 52 16 1 AMC SN39800 AOO CART,MAIL,24",CE 1&2.500 1&2.~ 17 1 '"'5£00. A/S EXEC. .~ TASK,SWVL/TILT,ARMS 311.520 CYUNDER: STD. 5" CASTER: STD HARD F/CARPET FLAME: CTBI17 FRAME: BLACK FABRIC: TRANSI'T COLOR: FOREST 311. 52 .0 .1\ . P71 . TS 3.':.~ SPECIAL PRICING PER: ST. LUCIE CO. CONTRACT C00 06 40Ø HON BID 107945 SHIPPED WEIGHT ( 32&7.000) HQN BID 11217945 ïOTRL , 8072. '+8 SALt::S TAX $ GRAND TOTAL ~ 8072.48 PROPOSED BY RELEASE <SALES PERSON) ACCEPìED BY RELEHSE DATE <CUSTOf'IIER)