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Agenda Packet 05-21-02
'- 'wi IvIAY 21,2002 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME GE\'ERAL RULES AND PROCEDURES Attached is the agenda which will determine the order of business conducted at today's Board meeting: CO:':SENT AGENDA- These items are considered routine and are enacted by one motion. There \\111 be no separate discussion of these items unless a Commissioner so requests. REGCL-\R 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.~I. 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 \\ill not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, óne at a time. Comments will be limited to five minutes. .-\s 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 CŒ!MISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. :':O:':-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PCBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORU!,,!- 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 othem1se adnrtised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Anne.-x at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional \\"Orkshops throughout the year necessary to accomplish their goals and commitments. Notice is prO\ided 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. '- -..,I ì \\\'ì\'.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 Dis trict 5 ßOARD OF COUNTY COMMISSIONERS AGENDA !\lay 21,2002 7:00 P.M. I\'VOCATION . PLEDGE OF ALLEGIANCE bha';)ìtu /-wyJ f I "Star Spangled Banner" :J '-:J provided by Lincoln Park Academy Chorus 1. MINUTES Approve the minutes of the meeting held May 14, 2002. Aç'ÇXOI{e..e!Z ') PROCLAMATIONS / PRESENTATIO~S Resolution No. 02-129 - Proclaiming the month of June, 2002 as "Ì\[lf. sthenia Gravis Awareness Month" in St. Lucie County, Florida. M(O'ce(.v 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA APPíb~~ lrdudÚ2j -6Pr I ~'Ç;~,:e-~~n 1I~.._ PUBUC HEARINGS COMMUNITY DEVELOPMENT SA. Resolution No. 02- 041 /Ouasi- Tudicial /MULBERRY STREETlTALlANRESTAURANT AND PIZZERIA - Consider staff recommendation to approve the resolution, subject to sited conditions, granting a waiver to Section 7.10.1l(A) of the St. Lucie County Land Development Code to allow the sale of alcoholic beverages as an accessory use to a restaurant 'within 1,200 feet of a religious facility (Holy Faith Episcopal Church), and zoned CG (Commercial, General). Location: 7123 US Highway One (St. Lucie Plaza). hpP\ òveóL. NOTICE: All Proceedings before this Board are electronically recorded. An)' person who decides to appeal any action taken by the Boarâ at these meetings will need a record of the proceedmgs and for such purpose may neeo to ensure that a verbatim record ofthe proceedings is made. Upon the requesf of any party to the proceedinos, individuals testifying during a hearing will be sworn in. Any' party to the proceedings will be granted t'he opportunity to cross-examine any individual testif)ing during a hearing upon request. Anyone \\ith 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 fo the meeting. '-' "'" REGULAR AGEi\DA MAY 21, 2002 PAGE TWO PUBLIC HEARINGS (CONTINUED) COt\It\1UI\'ITI' DEVELOPMENT (CONTINUED) SB. Sc. SD. Resolution No. 02-043/0uasi- Tudicial / AIRE - Consider staff recommendation to appro\"C the resolution granting a Change in Zoning from the AR-l (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District for the purpose of developing a 16-lot residential subcli\ ision. Location: west side of Oleander Avenue, approximately 200 feet north of Elyse Circle. 4wrvvtJ- Resolution No. 02-044/0uasi- Tudicial / IÌ\TI)RIO VL'-.ìlJRES, LiC - Consider staff recommendation to approve the resolution granting a Change in Zoning from the AR-l (Agricultural. Residential- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the purpose of developing a retail food store with gas pumps as an accessory use. Location: northeast nOIDer of the intersection of lndrio Road and Koblegard Road. AYp/Ô~ Resolution No. 02-04S/0uasi- Tudicial / ALF'S SPIRITS _-\ND WINE, INC. - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow a retail liquor (distilled and un-distilled) in the CG (Commercial, General) Zoning District. Location: 1087S South Oceôp Drive (G.a~ria Center). \ (~?/) /1?\W Resolution No, 02-046/0uasi-Tudicial / M'.l!RCEDES ACADEMY & CHILD DE\ "ELOPÌ\1ENT, INC. - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow Social Services (day care/pre-school facility in the I (Ins~prtz~istriCt. Location: 823 East Midway Road. Draft Ordinance No. 02- OOS- Consider the Ordinance Amending the St. Lucie County Land Development Code by Creating Section 13.09.00, Existing Property l\laintenance Code, to provide for adoption of Chapter 3, General Requirements of the 2000 International Property Maintenance Code (2nd Publžc Hearing). SE. SF. ApP(b V«t. ~- L @nJI,,/ì)-h l'h:J\.U\~CI )) 1'0 ..-/ End of Public Hearings n~~:'~:~~~··¡- '-' """ REGUU\.R AGENDA MAY 21,2002 PAGE THREE 6. COl'NTY ATTORNEY A. St. Lucie County Art in Public Places Program / 2001-02 Public Art and Design Plan - Consider staff recomme ation to approve the proposed plan. B. The Links at savan~ - Consider staff recommendation to approve the Subdivision Impr~t Agrø:rent and authorize the Chairmffil to sign Q. .-\mendment to September 8,1987 Easement between County and City of ' :::ta:e::~:::~WOOd ~:lS Courts - Consider StID! recommendation to ~,\, ,w..".approve the amendment and authorize the Chairman to sign the v~ ~ 0 amendment. 7.~\ CŒ!MUNITY DEVELOPMENT Final Plat Approval/Savanna Club Plat NO.5 - Consider staff recommendation to approve the Final Pial ~~ff to complete the final processing. v >...,I CONSENT AGENDA ~Iav 21. 2002 1. WARRANTS LIST Approve warrants list No. 33 2. PUBLIC WORKS A Engineering / NSLR\\TD Canal Retrofits and Hidden River Estates Stormwater Retrofit - Consider staff recommendation to approve Amendment 1 to the grant agreement with FDEP for a time extension and authorize the Chairman to execute the contract. B. Engineering / Sunland Gardens MSBU / Interlocal Agreements with the Property Appraiser and Tax Collector - Consider staff recommendation to approve the agreements and authorize the Chairman to sign the agreements c. Transportation Enhancement Grant Applications / FDOT - Consider staff recommendation to authorize the County Administrator to sign three grant applications to proìide pedestrian bridge crossing for Avenue J over Canal No. 80, sidewalk connection between the Oxbow Eco-Center and River's Edge Elementary and North Hutchinson Island sidewalk extension to Avalon Park. D, Transportation Enhancement Grant Application / FDOT - Consider staff recommendation to authorize the County Administrator to sign the grant application to construct a landscape beautification buffer along Entrada Avenue and Rio Mar Drive. 3. COUNTY ATTORNEY A Petition to Abandon - Schwab Road / Permission to Advertise - Consider staff recommendation to grant permission to advertise a public hearing to be held on June 25, 2002 at 9:00 am, or as soon thereafter as possible. B. Permission to Advertise / Ordinance No. 02-17 / Dori Slosberg Driver Education Safety Act - Consider staff recommendation to grant permission to advertise a public hearing on June 18, 2002 at 7:00 pm, or as soon thereafter as possible. 4. PURCHASING A RFP No. 02 -027 / Port Engineering Services - Consider staff recommendation to award the RFP to Han-Padron Associates and Taylor Engineering, Inc., and authorize staff to negotiate contracts, and authorize the Chairman to sign the contracts, as prepared by the County Attorney. B. RFQ No. 02-053 / Port of Fort Pierce, FL / Design, Build and Operation for Development of 8 ï Acres or a Portion Thereof - Consider Review Committee recommendation to consider Sun Resorts International non-responsive, and authorize that Fort Pierce Development LLC, The Haskell Company, and World Port, LLC provide oral presentations to the Board and Committee. '-" CONSENT AGENDA. MAY 21,2002 PAGE TWO ,.."" 5. SHERIFF'S OFFICE "Cops in Schools" Grant Program - Consider staff recommendation to authorize the County Administrator to sign and submit a grant application, on behalf of the Sheriff's Department, to the US Department of Justice, "Cops in Schools" program. G. CO¡VIMUNlTI DEVELOPt\fENT A Permission to Advertise - Consider staff recommendation to approve advertising RFP No. 02-072 for an update to the County's Inventory of Nati\'e Habitat. B. Resolution No. 02-0..W - Consider staff recommendation to approve the tlraft resolution pro\iding for the Consolidation of the Various Fee Schedules associated ì\ith the St. Lucie County Land Development Code. \r' -..I BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA May 21.2002 CONSENT AGENDA Court Administration .. C-A. 1 Network Routing Equipment - Consider staff recommendation to approve Equipment Request No. 02-216 and Budget Amendment No. 02-134 to allow Court Administration-Information Technology to purchase network equipment in the amount of $3,587. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings wiU need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any P(rty to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross~ examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the SI. Lucie County Community Services M<>nager at (561) 462-1777 or TDD (561) 462,1428 at least forty-eight(48) hours prior to the meeting. .. "'" -....,,¡Î MAY 21,2002 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELC01\1E 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 DeparÚnent requests are items which the Commission will discuss indi\idually 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 \\111 open each public hearing and asks anyone wishing to speak to come fonvard, óne 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 ha\'e 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, 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 TOD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. v -...J ì V\\'W.stlucieco.go\' John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA May 21,2002 7:00 P.M. INVOCA TrON PLEDGE OFALLEGL-\...\CE "Star Spangled Banl1t!r" provided by Lincoln Park Academy Chorus , 1. MINUTES Approve the minutes of the meeting held May 14,2002. 2. PROCLAMATIO:-;S I PRESENTATIO:'¡S Resolution :\0. 02-129 - Proclaiming the month of June, 2002 as "I\lyasthenia Gravis Awareness Month" in St, Lucie County, Florida. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGE"JDA Lia!iI! ¡~ ';W:';.'~,\lI '. lT .'. PUBLIC HEARINGS COMMUNITY DEVELOPìvlENT SA. Resolution No. 02- 041 /Ouasi- Tudicial /MULBERRY STREETITALV\...'\JRESTAURANT AND PIZZERl-\ - Consider staff recommendation to approve the resolution, subject to sited conditions, granting a waiver to Section 7.10.11(A) of the St. Lucie County Land Development Code to allow the sale of alcoholic beverages as an accessory use to a restaurant within 1,200 feet of a religious facility (Holy Faith Episcopal Church), and zoned CG (Commercial, General). Location: 7123 US Highway One (St. Lucie Plaza). NOTICE: All Proceedin~s before this Board are electronically recorded. Any person who decides to appeal any action taken by the Boaro at these meetings will need a record of the proceedmgs and for such purpose may neeil to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedin2s, individuals testifying during a hearing ~ill be sworn in. Any party to the proceedings "ill be granted tùe opportunity to cross-examine any indivIdual testif)ing during a hearing upon request. Ailyone 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 fo the meeting. · "'" ..., REGULAR AGENDA ?\lAY 21, 2002 PAGE TWO PUBLIC HEARINGS (CONtINUED) COMMUNITY DEVELOPMENT (CONTINUED) ,/ BE. ./ / 5,t. \ ' V/ Resolution No. 02-043/0uasi- Tudicial / AIRE - Consider staff recommendation to approve the resolution granting a Change in Zoning from the AR-l (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District for the purpose of developing a 16-lot residential subdivision. Location: west side of Oleander Avenue, approximately 200 feet north of Elyse Circle. Resolution No. 02-044/0uasi-Tudicial / INDRIO VENTURES, LLC - Consider staff recommendation to approve the resolution granting a Change in Zoning from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the CG (Commer'cial, General) Zoning District for the purpose of developing a retail food store with gas pumps as an accessory use. Location: northeast corner of the intersection of Indrio Road and Koblegård Road. ~ Resolution No. 02-045/0uasi-Tudicial / ALF'S SPIRITS AND \VINE, INC. - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow a retail liquor (distilled and un-distilled) in the CG (Commercial, General) Zoning District. Location: 10875 South Ocean Drive (Galleria Center). .~ Resolution No. 02-046/0uasi- Tudicial / MERCEDES ACADEMY & CHILD _/ DEVELOPMENT, INC. - Consider staff recommendation to approve the resolution granting a Conditional Use Permit to allow Social Services (day care/pre-school facility in the I (Institutional) Zoning District. Location: 823 East Midway Road. SF. Draft Ordinance No. 02- 005- Consider the Ordinance Amending the St. Lucie County Land Development Code by Creating Section 13.09.00, E'Xisting Property Maintenance Code, to provide for adoption of Chapter 3, General Requirements of the 2000 International Property Maintenance Code (2nd Public Hearing). 3 .~ /lvÎ. (ll'-~ ~.A.-J /"- End of Public Hearings ~JlìEIIi ~~ ,_UIIIW -.,. '-' ..."" REGULAR AGENDA MAY 21, 2002 PAGE THREE 6. COUNTY ATTORNEY A. St. Lucie County Art in Public Places Program / 2001-02 Public Art and Design Plan - Consider staff recommendation to approve the proposed plan. \.-/.¡(' The Links at Savanna Club - Consider staff recommendation to approve the \.'" Subdivision Improvement Agreement and authorize the Chairman to sign the agreement. ~\~ ~ C. Amendment to September 8,1987 Easement between County and City of ,v Fort Pierce / Lawnwood Tennis Courts - Consider staff recommendation to ~ åpprove the amendment and authorize the Chairman to sign the ~ amendment. W COMMUNITY DEVELOPMENT Final Plat Approval/Savanna Club Plat 1\'0. 5 - Consider staff recommendation to approve the Final Plat and authorize staff to complete the final processing. ~ .,. 1\ \ \ ot.;\ ;jI' \wi 'wJIÎ CONSENT AGENDA May 21, 2002 1. \\'ARRANTS LIST Approve warrants list No. 33 ') PUBLIC WORKS A. Engineering / NSLRWCD Canal Retrofits and Hidden River Estates Stormwater Retrofit - Consider staff recommendation to approve Amendment 1 to the grant agreement with FDEP for a time extension and authorize the Chairman to execute the contract. B. Engineering / Sunland Gardens MSBU / Interlocal Agreements with the Property Appraiser and TCLX Collector - Consider staff recommendation to approve the agreements and authorize the Chairman to sign the agreements c. Transportation Enhancement Grant Applications / FDOT - Consider staff recommendation to authorize the County Administrator to sign three grant applications to provide pedestrian bridge crossing for Avenue J over Canal No. 80, sidewalk connection between the Oxbow Eco-Center and River's Edge Elementary and North Hutchinson Island sidewalk extension to Avalon Park. D. Transportation Enhancement Grant Application / FDOT - Consider staff recommendation to authorize the County Administrator to sign the grant application to construct a landscape beautification buffer along Entrada Avenue and Rio Mar Drive. 3. COUNTY ATTORNEY A. Petition to Abandon - Schwab Road / Permission to Advertise - Consider staff recommendation to grant permission to advertise a public hearing to be held on June 25, 2002 at 9:00 am, or as soon thereafter as possible. B, Permission to Advertise / Ordinance No. 02-17 / Dori Slosberg Driver Education Safety Act - Consider staff recommendation to grant permission to advertise a public hearing on June 18, 2002 at 7:00 pm, or as soon thereafter as possible. -1. PURCHASING A. RFP No. 02-027 / Port Engineering Services - Consider staff recommendation to award the RFP to Han-Padron Associates and Taylor Engineering, Inc., and authorize staff to negotiate contracts, and authorize the Chairman to sign the contracts, as prepared by the County Attorney. B. RFQ No. 02-053 / Port of Fort Pierce, FL / Design, Build and Operation for '. Development of 87 Acres or a Portion Thereof - Consider Review Committee ' recommendation to consider Sun Resorts International non-responsive, and authorize that Fort Pierce Development LLC, The Haskell Company, and World Port, LLC provide oral presentations to the Board and Committee. "", ...." St. Lucie County Board of County Commissioners Announcements May 21, 2002 A. The 2002/2003 Budget Overview will be held on July 9, 2002 at 2:00 pm in Room 101. B. The June 11, 2002 Board of County Commissioners Meeting has been cancelled. C. The Board of County Commissioners will hold a Parks Master Plan Workshop on July 1, 2002 at 2:30 Pr-,I, in the Commission Chambers. D. The Board of County Commissioners will hold a Erosion Workshop on May 31,2002 at 2:00 pm, in the Commission Chambers. E, The August 6, 2002 Board of County Commissioners Meeting has been cancelled. \ F. There will be a Joint Meeting with the Board of County Commissioners, the City of Port St. Lucie and the City of Fort Pierce on June 6, 2002 at 2:00 pm to discuss Transit. NOTICE: All Proceedings before this Board are electronically recorded, Any person who decides to appeal any action taken by Ihe Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party 10 the proceedings will be granted the opportunity 10 cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should conlacllhe 5t. Lucie County Community Services Manager at (561) 462- 1777 orTIO (561) 462-1428 at leastlorty-eight (48) hours priorlo the meeting. ..---- )r AGENDA REOUEST '-1TEM NO. Cft -l DATE: May21,2002 REGULAR TO: BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING [ CONSENT [ X ] SUBMITTED BY: Court Administration PRESENTED BY: Steve Shaw SUBJECT: Network Routing Equipment BACKGROUND: Due to an increase load between Saint Lucie and Indian River Counties it is necessary to purchase new network routing hardware. This will allow network traffic for online research, database utilization, and remote electronic access of court files to occur in a more efficient manner. FUNDS AVAILABLE: See Budget Amendment 02-,~~4 PREVIOUS ACTION: N/A RECOl\ll\tIENDATION: Staff recommends the Board allow the Court Administration-Information Technology to purchase Mrwo.,-I<. equipmel'1t by approving Equipment Request 02-216 and Budget Amendment 02-134. 3 attachments: Equipment Request I. 1. Quote Budget Amendment COMMISSION ACTION: CONCURRENCE: []C APPROVED [] DENIED [ ] OTHER: ~~ Doug Anderson r County Administrator County Attorney: XX )r C oordinationlS i¡matures Management & Budget: xx~A8 / t1i~rchaSing: XX Public Works: Other: l(2. Originating Dept: Finance: (Check for Copy only, if applicable) XX H: ~lonth1y Tracking )'05 O~!B Printer.wpd .. ~ BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT Court Administration PREPARED DATE: AGENDA DATE: 05/16/02 OS/21/02 TO: 183-601-564000-6000 $3,587 FROM: 183-601-551200-6000 E ui ment <$750 $3,587 REASON FOR BUDGET AMENDMEN' To urchase network routin hardware. CONTINGENCY BALANCE: THIS AMENDMENT: REMAINING BALANCE: DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: ~ ða .., 'Y /~....:..-. ~ . 02·134 "FRa'I : Automat!!!d Servi ces FAX I'IJ. 561 462 1443 Apr. 3Ø 2ØØ2 09:SS!=t1 P2 '-' ...." Q..c. II: SLG -41593 419/02 ~1Iy: StacY Gon%alez 51OQ..J Phaaderphia Way ,banham MD 20706 Phone: 301-955-3517 Fax: 301-459-0358 Email: sgonzalez@presldio.com Local TM: Ri~ Hannah Cu$IomIz8d Qf,IQ(jon Fer. Steg Shaw St. L.uôe County Court Administration Fort PI.rœ FL 34982-5662 Phone: Fax: Emaï: hrt NlUDber n.cr¡pIio_ LIlt Q~. Price IxfelHled Total L CVloo100~ ~ Eth=mct Bue Unit (32M DRAM) 51919.00 1 $1,247.3' $1,247.35 I) CV0004020 )AR.¡.~ V.34 Modem Qn¡olo Moàu1I1 (North America only) $300.00 $19.5.00 $0.00 1,' CV00040I2 ARN Etbi:m« FJcpansiOll Modulo $469.00 I $304,85 $304.85 7919 ¡Model 7919 ¡ OAlllo-I20V North Amc:riœ (U.S.. CauadII, Mœco, $0.00 1 SO.OO SO.OO " CV0004023 ARN TlIFl'l DSU/CSU u. Module ()bth AmeriçaODly). I $995.00 I S646. 75 $646.75 CV0008095-l5. ARN Rt:n1ote Offi.œ SaIœ (16M PCMCIA). $1650.00 1 51,072..S0 $1,072.$0 Mailltmeœ: BF2JOO.OOl AtnnI&l Nat Bu6í0llSS Day: BayStICk ANIANJt1AR.N S3S0.00 1 $m.oo ß1S.00 I I -. I '- -. ,... -', State of Florida CJleDtlServer Contract Coatraet Number. 250-040-99...1 TAXID: S8-1U76S5 SIze B--.: SmaQ 180% W.......ow.d c.\CE COOE: OKDO$ DUNS: 1~ CEC: 15-5G6005G l'LT: c:J Grand Totall Prepared By: $3.s86.4~ SIIU:p GJIIUla. Q.Ivte vdd for 30 clap or until apIratIon qf FCS CantnIçt, whIoIIever oecul'$ first. Your network is your business. Making It work is ours. " th 0:: WN zO 00 _N th' tho -0 ::EN ~O::N ,,<CO ......WO »N I-..J ~ Z<C.... ON 5~~ Ou.::E u. 0:: "" OOW Ou.~ 0::1-0 <Cth<c O~O maz >wW 1-0::0 §I-<C OZ OW W~ 0::1 ::10 ..JW ~ rn -' ~:;: ? a '> lU ,;. ~C :::.; "" lU ~.: 0::,. " "" ;~: . '" '. ., 0..' ~ , , CI) ~" .. c w c Z w :::!: :::!: o u w ct: ..'; c w >. o ct: ,,' 0.. ~ . ~, : .' , . . ." ;.\ ,-., " " ~ ~'". g g,: ~ ~ ~t\ -e ~ ~l: ~ ~ ~ g ~ ~I~' '§ ~ ~~ & 1- 1- 1: ~ gs gs ~;;. ~ 8 8': ~ ¡:.: Z w :::!: I- ~ 0.. W C ž o iñ :> is '. ¡:.: Z w :::!: 0.. :; a w ~. ~ ¡:.:. Z w :::!: w u «, oJ 0..' W ct: ~ W Z' -' ;¡~ ,," QJ-j.:., It) , ~ ¡:.: z :;) o :::!: « I- w· C) c :;) a:I ~ 'If ....,; ; ~~- " Ii " , S> ~;::, . " .. "-', ~ ~ â) c: ~ <D,æ c: 0 <D E ~ ~ ..c::'t:I f2 c: :3 a, Q.. o c: .... ,0 ~~ ~~ (I):';:: ~ :3 C) C) c: ~ .!:',! -g ....... .- a, 11)1:) .C) . ';::..c::~ § f2 C) on,c: "C)c: '-'II) a, ~ ~ E .~ C) è 0:: .S: C) c:ì::;g n,o.¡: '6\"C) c:.E ., - ¡:: 't:I~0 15 m E Q)~a, 13 ~ 'S ::: 0 \" -I ~ ::: -:1i)g CI)c:o c: ~ 0 <Do'" ~::::: II) .......ctI~ Q)_tt:: .c¡j1:: 't:I II) ::: a, ._ 0 o,c:o -¡..;:.... <D 0 II) . II) a, ~ II) ~ ~ ~ o ,. 0 .S'E ca c: ~ .0 ca- ë:: .E g e <D:O:::'t) ::: ::: () aeQ¡ o :5 «) , o o o "t' «) 10 , .,.. o «) ~ co .,.. ã: w a:I :::!: :;) Z I- Z :;) o u u ~ , . ,-: I' I' ~ ~ ,-< z o ~ u ¡¡: ¡:: en ~ «) .,.. C\ , C\ o o LlJ :it a w ct: I- Z w :::!: 0.. :; a w '-' 'WI BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 14,2002 Tape: 1 Convened: 9:00 a.m. Adjourned:10:30 a.m. Commissioners Present: Doug Coward, Chairman, Cliff Barnes, Frannie Hutchinson, John D. Bruhn, Paula A. Lewis Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst. County Administrator, Dan McIntyre, County Attorney, Paul Phillips Airport Director, Ray Wazny, Public Works Director, Mike Rath, Purchasing Director, Dennis Wetzel. IT Director, Bill Blazak, Utilities Director, Gayla Barwick, Tourism Director, David Rodriguez, Human Resources Director, Don West, County Engineer, David Kelly, Planning Manager, Leo Cordeiro, Solid Waste Manager, Sheriff Mascara, A. Millie Delgado, Deputy Clerk 1. ~ MINUTES (1-029) It was moved by Com. Lewis, seconded by Com. Barnes, to approve the minutes of the meeting held May 7, 2002; and, upon roll call, motion carried unanimously. 2. PROCLAMA TrONSIPRESENT A TrONS A. Resolution No. 02-127- Proclaiming the week of May 12, 2002 through May 18, 2002 as "National Hospital Week" in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 02-127; and, upon roll call, motion carried unanimously. B. The Board congratulated Terri Palumbo of Tourism on Winning 3 Emmy Awards from the New York Chapter of the National Academy of Television Arts & Sciences 45th Annual New York Emmy Awards. C. The Board congratulated the 2002 Employee Appreciation Day Volleyball Champions, Information Technology, and the 2002 Employee Appreciation Day Softball Champions, Parks and Recreation. 3. GENERAL PUBLIC COMMENTS NOllc 4. CONSENT AGENDA(13331) The Chairman opened itcm C-7 and C-9A for public comments due to expressed concerns by some residents. Dr. Dolores Morgan, Savanna Club resident, addressed the Board and requested the residents be notified any time there are issues to be discussed regarding the development. Mr. Emil Murtha, Savanna Club resident, addressed the Board regarding phase 4 of the development. He advised the Board that the residents will not accept phase 4 until it is completed. He asked the Board to consider not approving phase 5 until phase 4 is totally completed. '-" ...." The County Attorney suggested this item be defen'ed until further information can be ohtained regarding phase 4 and its completion. Mr. Bobby Klein, attorney for the petitioner advised the Board that ,one phase had nothing to do with the other's approval. The problems with phase 4 are being worked out with SFWMD. He advised the Board that phase 5 meets all county rules and regulations. It was moved by Com. Barnes, seconded by Com. Bruhn, to defer items C7 and C-9 for one week; and, upon roll call, motion carried unanimously, It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve the balance of the consent agenda with item C9B deferred for one week, until more information can be obtained;-and, upon roll call, motion carried unanimously I, WARRANT LIST The Board approved Warrant List No. 32. 2. PARKS AND RECREATION A. Equipment Request No. 02-217- The Board approved the equipment request for the purchase of a propane generator in the amount of $18,034 for the St. Lucie County Marine Center, and approved the sale of the existing diesel generator to the Utilities Department for $18,034. B. Request for Approval to Serve Alcohol- The Board approved the request to serve alcohol at the Indrio Road School House on June 8, 2002. 3. HUMAN RESOURCES Position Request No. PS02-058- The Board approved the position request for a new Part-time with Limited BenefIts Security Guard position. 4. PUBLIC WORKS A. Engineering/South 25th St. Widening (Midway Road to Edwards Road) Project- The Board approved the Second Amendment to the Consultant Agreement with Inwood Consulting Engineer for Land Acquisition Services in the amount of $352,301 and authorized the Chairman to sign the amendment. B. Solid Waste/Position Request 02-059- The Board approved the position request for a new Heavy Equipment Mechanic, changing the position allocation from three to four Heavy Equipment Mechanic Positions. C. Engineering/Ten Mile Creek Recreation Area/Phase I Construetion- The Board approved the Consultant Agreement with Thomas Lucido & Associates in the amount of $27,500 for landscape architectural design and construction services. 5. MANAGEMENT AND BUDGET A. Budget Resolution No. 02-119- The Board approved the budget resolution to appropriate and expend the funds from the US I and Indrio Road Intersection Grant awarded by the Florida Department of Transportation. 2 05/10/02 F7,ABWARR FUND 001 001139 001140 001143 001144 001147 001217 001265 001267 001269 001271 001809 101 101003 101006 101104 102 102001 102104 105 107 . "'001 002 107003 107126 140 140313 160 183 183001 183002 183004 183214 184203 185002 316 382 395 396 399 401 418 421 441 448 449 4"1 461 471 478 479 491 505 505001 611 615 625 '-" ....,¡ ST. LUCIE COUNTY - BOARD WARRANT LIST #32- 04-MAY-2002 TO 10-MAY-2002 FUND SUMMARY TITLE General Fund FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 FTA USC Section 5307 FY01/02 NOAA/FDCA Adopt-A-Beach DEP-Regional Attenuation Facility TDC Planning Grant FY01/02 EMPA 01/02 Dept. of Community Affai FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees FHWA/FDOT Hurricane Floyd reimburse Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper FDOT DUI Specialist Grant Port & Airport Fund Airport Master Plan Update FDOT Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court 01/02 OSCA Civil Traffice Infractio Ft. Pierce Beach Restoration SHIP Housing Assistance FY 01/02 County Capital Environmental Land Capital Fund River Branch MSBU Capital Lennard Road 1 - Roadway Capital Grey Twig Lane MSBU Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library GRAND TOTAL: EXPENSE~ 186,103.04 22.49 581.10 93.70 611,314.00 37.70 3,375.00 10.29 1,274.80 88.32 104.15 3,283.63 53,631. 83 1,454.00 5,953.68 395.44 35,452.22 6,661.80 93.82 162.51 141,304.90 223.74 17,669.67 12,071.00 13,458.66 11,333.50 9,106.95 13,165.96 5,699.26 148.48 300.00 392.92 2,190.00 25,857.60 104.39 79,739.46 15,223.02 2,064.86 10,620.54 229.50 106,941.83 4,911.23 2,592.99 21,934.69 3,621.61 3,071.22 27,866.58 17,182.67 22,070.85 13,947.66 31. 44 956.26 3,038.77 3,152.12 211.37 814.94 87,504.14 63.12 1,590,911.42 PAGE 1 PAYROLL 431,873.14 294.03 7,651.66 1,264.59 0.00 0.00 0.00 135.60 3,810.13 1,188.80 1,364.80 1,188.80 104,830.21 0.00 0.00 0.00 45,303.36 3,488.80 1,226.40 2,160.00 77,290.09 829.15 11,540.65 0.00 0.00 10,467.45 0.00 2,772.51 4,496.71 1,115.38 0.00 2,874.61 0.00 0.00 1,430.40 0.00 0.00 0.00 0.00 0.00 41,244.60 19,763.16 139.67 3,628.33 824.39 556.07 1,654.97 725.74 12,492.49 2,272.69 424.15 151. 24 24,073.73 2,766.66 1,760.03 5,575.91 0.00 0.00 836,651.10 "" .....,¡ The County Attorney suggested this item be deferred until further information can be obtained regarding phase 4 and its completion. Mr. Bobby Klein, attorney for the petitioner advised the Board that .one phase had nothing to do with the other's approval. The problems with phase 4 are being worked out with SFWMD. He advised the Board that phase 5 meets all county rules and regulations. It was moved by Com. Barnes, seconded by Com. Bruhn, to defer items C7 and C-9 for one week; and, upon roll call, motion carried unanimously. It was moved by Com. Hutchinson, seconded by Com. Barnes, to approve the balance of the consent agenda with item C9B deferred for one week, until more information can be obtained; "and, upon roll call, motion carried unanimously 1. WARRANT LIST The Board approved Warrant List No. 32. 2. PARKS AND RECREATION A. Equipment Request No. 02-217- The Board approved the equipment request for the purchase of a propane generator in the amount of $18,034 for the S1. Lucie County Marine Center, and approved the sale of the existing diesel generator to the Utilities Department for $18,034. B. Request for Approval to. Serve Alcohol- The Board approved the request to serve alcohol at the Indrio Road School House on June 8, 2002. 3. HUMAN RESOURCES Position Request No. PS02-058- The Board approved the position request for a new Part-time with Limited Benefits Security Guard position. 4. PUBLIC WORKS A. Engineering/South 25th St. Widening (Midway Road to Edwards Road) Project- The Board approved the Second Amendmcnt to the Consultant Agreement with Inwood Consulting Engineer for Land Acquisition Services in the amount of $352,301 and authorized the Chairman to sign the amendment. B. Solid Waste/Position Request 02-059- The Board approved the position request for a new Heavy Equipment Mechanic, changiñg the position allocation from three to four Heavy Equipment Mechanic Positions. C. Engineering/Ten Mile Creek Recreation Area/Phase I Construction- The Board approved the Consultant Agreement with Thomas Lucido & Associates in the amount of $27,500 for landscape architectural design alld construction services. 5. MANAGEMENT AND BUDGET A. Budget Resolution No. 02-119- The Board approved the budget resolution to appropriate and expend the funds from the US 1 and Indrío Road lntersection Grant awarded by the Florida Department of Transportation. 2 '-' ...I B. Budget Resolution No. 02-120- The Board approved the budget resolution to appropriate and expend the funds from the Child Dependency Court Representation Grant awarded by the State of Florida Justice Administrative Commission in tbe amount of $41,876.34. C. Budget Resolution No. 02-121- The Board approved the budget resolution to appropriate and expend the funds from the Urban Mobile Irrigation Lab Grant awarded by the U.S. Department of Agriculture in the amount of $41,250. D. Permission to Advertise- The Board approved granting permission to advertise a public hearing for the purpose of presenting a Budget Amendment to the Board to reflect the actual cash balance carried forward from the previous fiscal year, to revise current year revenue estimatcs and to adjust the associated expense estimates in accordance with 129.06(1) Fla. Statutes. This action may take place only after a public hearing is held on this matter. 6. COMMUNITY SERVICES Application of the Drug Control and System Improvement Program (Edward Byrne) Grant FY 2002/03. The Board approved submitting the grant application authorized acceptance of the grant and authorized the Chairman to sign all documents necessary for the grant. 7. COMMUNITY DEVELOPMENT Final Plat Approval- Final Plat for the "Links @ Savanna Club" -this item was deferred for one week. 8. PURCHASING Amendment to Contract No. CO 1-10-068- The Board approved the amendment to the contract with Tri-Brothers Trees and Landscaping to furnish and install sod for an amount not to exceed $40,000, authorized the Chairman to sign the amendment as prepared by the County Attorney and granted permission to advertise bids for an annual contract to furnish and install sod. 9. COUNTY ATTORNEY A. The Links at Savanna Club- This item was deferred for one week. B. Amcndment to September ,8, 1987 Easement between County and City or Fl. Picrcc/Lawnwood Tennis Courts- This itcm was dcferred for one week. C. Economic Development Council of St. Lucie County/200l-2002 Investment Partnership Fee Contraet- The Board approved the proposed contract and authorized the Chainnan to sign the contract upon receipt of the originals from the Council. 10. CENTRAL SERVICES Contract Aemlldmellt/CO -()<)-590 TECO ßGA. Inc.,- The Board approved the contract :lIlwlldrm:llt and Îllcol'lIJl':lkd ¡Ill allel1lale project under the exisling Per(lnnnIlCe Contract, and authorized the Chairman to sign the amendment as prepared by the County Attorney. 3 '-" ...",,¡ 11. INFORMA nON TECHNOLOGY First Amendment to the Contract with IKON Office Solutions- The Board approved the amendment to upgrade the county firewall Nokia technical support from the existing 8X5 weekday support to 7X24X365 for the balance of the annual contract year (four months) for a cost of$2,812.50 and authorized the Chairman to sign the agreement. REGULAR AGENDA 5. No Public Hearings Scheduled 6. COUNTY ATTORNEY Port of Ft. Piercc- Destin Beach, Inc., Property Offer- Consider staff recommendation that the Board (1) Direct staff to submit a written offer in the amount of $11,745,000., to purchase the property owned by Destin Beach, inc., free and clear of all encumbrances including the lease with AES and (2) Adopt Resolution No. 02-126 as prepared by the County's Bond Counsel. The Chairman opened this item for public comments. Mr. Lloyd Bell, property owner addressed the Board and made the following comments: ** Note the following comments are being transcribed verbatim. " I would like to make it very clear that this is the very first time that any discussion of any offers from the county is being made. I know there has been a lot of rumor in the past, and I have discussed possibilities pertaining to the property with the county and with the s!afr, but, there has never bcen at any time to my knowledge, ever becn an offer made. " " And so this is the beginning of the procedure if there is anything different, I certainly would like to hear it at this time. The second point that I would like to make, is to draw your attention to the two appraisals that were made. I am not an expert on appraisals, but my general impression of MAl appraisals is "made as instructed" and my opinion certainly has not changed after reading these two. Number one, there is a great discrepancy between them, number two, the apparent absence of any local comparisons." "My purchase of the property several years ago was used as one comparison on my own property, the second local comparison was that purchase of the Cotton property that is adjacent to mine, the 20 acres that is owned by the county. But, as far as going outside to get comparables, and these two appraisals, the comparables to me do not seemlO be related, One of the comparables was in Cape Can'averal, it was on a canal and canal was s<.:paratcd Ii'om 111<.: port by a set or locks. Ironically cnough, another comparable was in Pcnsicola, Florida on thc wcst coast or Florida, it happcncd to be on a piecc or propcrty that I bought some scrap (unintelligible), It was a Chevron tank farm which had been contaminated and currently carried a restriction that it cannot be used for port use. Another comparable use was in Panama City on the northwest coast of Florida which has no economic relation to our set of circumstances here and it was similarly remote." " There were only 3 comparable used in the larger appraisal, the two that I first recognized as the Cotton property that belongs to the county now and the property that I bought, and then one other. One page 28 of the second appraisal, I think it rightfully refers to the fact that the value of property is greatly affected by the use that it is going to be put and I don't believe that was properly identified by the appraisers so that puts them at an extreme disadvantage, and I recognize the difficulty that these appraisers must have had in trying to give you something in writing." 4 w .....J " The comparable sales on number three, I was trying to find number 3 on here, um.., and the larger appraisal, it was r believe the Panama City property which was on the northwest coast or Florida and as I say, I repeat mysell~ i! seemed rather unrelated to the subject mattcr. Now in opposition to that, we have multiplc eomparables right here in St. Lucie County. The propcrty immediately adjacent to this property, on the other side of the slip was sold to Dean King and his group, that property is very very similar and in the same place under the same conditions. There was another property sold just next to them to a group out of Miami, there are offers that have been considered by the county of some property from which there was reference of the possibility of moving the Marcona operations to them and discussion was made about the possibility of purchasing that property even though it didn't even touch the water. No reference was made to deep water access. The Cotton property has no deep water access, unless you consider Taylor Creek deep water access which I don't. The deep water access is that water that accesses that makês available access to the turning basin 28 feet controlled. There is even a statement in the second reference that there was limitation on Marcona 14 feet I have pictures with me this morning that show a ship in excess of 600 feet long unloading 20,000 tons of Aragonite at the property just a few minutes ago and it is obvious that that ship does not draw 14 feet of water." " The lack of accuracy, the lack of comparables, the disparity between the appraisals, would make it essential that in any anns length negotiations that I have someone appointed by me or my group to make an independent appraisal before we can seriously compare them. r appreciate any identified discussions that the commission, the Commissioners would like to make through their own direct contact or through staff pertaining to what I call the "Gestalt" of this situation, Apparently you do not have economic representation anymore, all of your people that I met when I first came here seemed to be quite excellent because I was met professionally by your economic division and they were reprimanded and I was told on many occasions that one of them was even threatened with his job ifhe was seen talking to me. They were told not to negotiate with me, and that they were getting too friendly with me, I don't know how that could be when you have an economic division that is supposed to promote the growth of the county. Apparently those people are all gone now and I don't know who you wish to substitute, but, I would like to be able to talk to staff or to someone knowledgeable about the Gestalt economic condition of the county because we have an opportunity to make a lot or jobs and benelìt the workers and the people of this county and cut taxes and we have these opportunities right in our hand and it's to me almost like "Alice in Wonderland". It's completely foreign dealing here with anything I have ever encountered. " I am glad to take any offers that you may make, to those people who arc advising me, I have made accommodation that r would meet with them they arc coming in from both abroad and the state of Florida in the next few days and I will take anything to them and get their advice as to how we should go. I would like to reach some consensus of where our next five year plan might be and how we'll get there. My track record has been for growth. I am proposing growth here because you have an unprecedented opportunity and I would like to work with you on it and I take this as a positive move that you have made these appraisals even though I think they are highly inferior to the professional qualifications for an MAl appraisal and I would like to answer any questions you may have." Com. Barnes commented on the fact that the county is offering twice the price Mr. Bell paid for the property and at least $3 mi1lion do1lars more than the tax assessed value. Mr. Bell stated, " You are absolutely correct, and I still standby that same recommendation. I paid 5.5 million for the property. Number one, that does not have anything to do with what it could be used if it were used for its highest and best value, I have paid taxes for the last few years based on assessments greatly in excess to what I have paid for the property and what I paid for the property was based on an arms length transaction in which 1 invited this county to participate with me and purchase 50% of the property at the time 1 bought it." 5 \.r .......i Com. Barnes stated that the tax appraiser does not appraise it just on what you paid for it, but rather on the fair market value this is his statutory constitutional responsibility. So if you argue to him that the Fair Market Value is less than 8.1 then I think that is important for us to consider. Mr. Bell stated, "another point I would like to make then and since we are on this tone of conversation, I would like to say that this appraisal states that the values that are set forth are to be without duress and I would not say that our conversation right now is without duress because I am under threat of emineDt domain this county has threatened to take this property away from me whether I like it or not. All the movements for the county have heen towards developing a scenario whereby the cOllnty can come in and take the property at the best priee YOll can get. I don't want to sell you the property, I want to work with you to develop economic opportunity in St. Lucie County that will benefit everyone:" Com. Barnes stated, 1 think that is what we are trying to get at, do you want to sell or not sell. Mr. Bel1 stated, "1 believe that your methodology is flawed for many of the reasons that 1 brought up today, and I have expressed my opinion and my desire to work with the county, and the people who did start to work with me were either fired or run off and 1 feel like that if we could get a sense of cooperation, we could have a win win situation where everybody can come out ahead. 1 have no desire to sell the property and I said that when'l first came here and 1 am saying it again today. I think there will be great appreciation in the future. It was said to me ,3 few days ago, "your are getting twice what you paid for the property, you should be very thrilled" and 1 said, where 1 came ITom Destin, 1 did a lot better there than what I've done so far, so it's not anything that is so thrilling to me, it's the final outcome that counts. We're talking about benefits to the county in the range of $100 million dollars a year, something that will go on from now on. 1 've bought more property since I bought this property and I will continue to buy property that 1 think has economic advantage to my self and to the economic community," "To say that 1 am getting more than what 1 paid for it is irrelevant and it certainly does not reach the levels of appreciation that I reached in Destin, Florida. Com. Barnes stated that other than the similar property in the area, lets keep in mind that unintelligible word) bulk heads, this property does not have bulk heads (unintelligible). Com. Coward stated that he believes the point raised is that he has the desire to work with the county personally and he does not believe anyone was objecting to that. Com. Coward stated he wanted to make it clear that "he was not interested in eminent domain" he is interested in working with Mr. Bell. He felt eminent domain is counter productive and is actually something that is the last resort and something he does not want to deal with. He would like to work productively with Mr. Bell, he believes Mr. Bell can benefit from it financially as well as the county as a who]e in tenns of economic development so he continues to be optimistic and hope that they can continue to negotiate with him to what might be in the best interest of all. Mr. Bell stated, "I am glad to hear that Sir and J will take it in the vein that it was given of cooperation and there are people on your staff now that I would very much like to work with. You have some people who are very qualified and very professional and I enjoy the opportunity of a challenge. I would like to see the county identify just where you want to go, do you want to grow or do you want to stagnate the county and leave it like it is, my position is quite clear, J think we should have growth for new jobs, higher paying jobs, I brought the mega yachts hereto you and I still stand by the fact that they arc one of the best anchor tenants we can get. There are other opportunities that I have brought to you that I would hate to see slip ,by, and I put my money where I placed my confidence and my conversation, so it is obvious that] believe what I am saying and I would certainly welcome Ihe opportunity ir you would appoint a stafr and give that staff 6 \,or '* ...." the marching instructions that we want to improve the county with new jobs, new growth and not stagnate things as has happencd in the past". Com. Coward addressed his comments and reminded Mr. Bell that St. Lt¡cie County has made national headlines regarding its growth and that he feels the Board has knowledge as to where they would like the county to be heading in its growth. They wish to promote the right kind of economic growth. Com. Bruhn, stated he felt they had been working with Mr. Bell for quite some time and felt this was a good offer. He felt the county should make the formal offer and have Mr. Bell decide what he wants to do and proceed from there. Mr. Bel1 stated, " May I ask what is the correct proceeding Eminent domain? Com. Bruhn stated, ifhe wanted to counter offer he could. Mr. Bell stated, "No I asked what would be your idea of a proceeding? Com. Coward asked how much time Mr. Bell needed for him to have his own appraisal done. Mr. Bell stated half the timc it took the county to have their's done. Com. 'Coward requested legal's recommendation. The County Attorney addressed Com. Cowards' question stating it would possibly take 30 to 45 days depending on whether or not he already had someone to do the appraisal. Mr. Ikll stated he did not have anyone in mind. Com. Barnes qucstioncd why wc were giving him the time to do the appraisal when he stated in no uncertain terms that he was not willing to sell the property. Mr. Bell stated, " No I did not say that Sir, I said I did not want to sell the property, in the event we can develop a scenario because I have. other properties to develop and I have other things to do, if I can relate the final Gestalt, so that it all comes out positive, then I am not committed to anyone particular course of action. I can reverse some of what I want to do at the Port to the 135 acres I bought next to Harbor Branch, but I have to know how this relates and how mueh cooperation I am going to get, there are a lot of physical factors that enter into this. Com. Coward requested going back to the time issue. The County Attomey stated they were going to continue to attempt to validate the bonds and he felt Mr. Bell's request was not unreasonable. He has waited a long time for our appraisals and its only fair that we wait for his nnd he felt it is in our best interest to IH.:goliate a sale and hopefully it will be in his best intcl'cstund he hus not viewed his cOl11mcnts as being totally against a sale, he has other issues that he would like to sce happen and he believes they can work things out. At this time the Chairn1an opened the floor fQr public comments Mr. Charles Grande, Hutchinson Island resident, addressed the Board and stated that as a licensed Real Estate Broker, the basis of any appraisal is the highest and best use of the property. He stated the purchase Mr. Bell made two years ago is the best comparable available. He could imagine any appraiser not including that property in the appraisal and clearly the two appraisals received put weight on that. He stated as Com. Barnes pointed out, the King property is an improved parcel not an unimproved parcel like the one which they are speaking of. 7 \,.r ij ....., Mr. Bell stated, " In general I'd say that I am in agreement with the last speaker, with a few exceptions, one in this case if we took the King purchase of the adjacent property and we said that is improved property and therefore we should put a value on those improvements, then I would need to point out to everyone that they ar~ in the process now of tearin~ those improvements down, the crews are out there taking them down at the present time. The bulkheads are old bulkheads not to the present depth and are depreciated. So, I think we have to keep this in tenns of apples and apples, oranges and oranges, but, if you're taking the property, the buildings off, you cannot assign a value to those buildings that you found to be undesirable". No further comments Com. Bnlhns comments were unintelligible. The County Attorneys addressed Com. Bruhns' comments and stated, the Commission can certainly put a time limit on it, he heard a little different, he heard he doesn't want to sell it and he also heard he would consider it under the right conditions. He thinks it's in the best interest of the county to negotiate a sale and we need to do that in a cooperative manner and partnership played and see where that takes us and he thinks that staff is committed to do that. The County Attorney recommended giving ~1r. Bell 45 days to get the appraiser on board and get the appraisal done. Corn. Lewis' comments were unintelligible. Com. Barnes requested a time limit be placed with the motion. Com. Bruhn concurred. It was moved by Com. Lewis, seconded by Com. Barnes to approve staff recommendation; and also provide 60 days for Mr. Bell to obtain the necessary appraisals; and upon roll call, motion carried unanimously. 7. Phone System Upgrade(I-2803) Consider staff recommendation to approve the recommendation by Presidio to enter into the following agreements (2) NMLI data line a 43 month tenn, Centrex phone service a 48 month tenn and BBMSA Master Service Agreement a 48 month term all services provided by Bellsouth pending final approvai by the County Attorney. It was moved by Com. Bruhn, seconded by Com.. Barnes to approve the recommendation provided by Presidio; and, upon roll call, motion carried unanimously. 8. ADMINISTRATTON(1-2984) A. Youth Leadership Committee-, Consider staff recommendation to authorize County Starr to work with the St. Lucie County School District to establish a Youth Leadership Committee. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. p, ., \,- .....,¡ B. Bi-Weekly Committee Reports- The Board proved committee and advisory board updates. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court 9 , \r ...., AGENDA REOUEST ITEM NO. :2.. DATE: May 21, 2002 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-129 - Proclaiming the month of June, 2002, as "Myasthenia Gravis Awareness Month" in St. Lucie County, Florida. BACKGROUND: Cynthia Fairbrother, has requested that this Board proclaim the month of June, 2002, as "Myasthenia Gravis Awareness Month", The attached resolution No. 02-129 has been drafted for that purpose. FUNDS AVAIL.: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board adopt the attached Resolution No. 02-129 as drafted. COMMISSION ACTION: CONCURRENCE: [X APPROVED [] DENIED [ ] OTHER: 5-0 r?;:.-~ Douglas Anderson County Administrator County Attorney: ¡Jx Review and A~~rovals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 l \ "'" ....." , RESOLUTION NO. 02-129 A RESOLUTION PROCLAIMING THE MONTH OF JUNE, 2002, AS "MYASTHENIA GRAVIS AWARENESS MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie CQunty, Florida., has made the following determinations: 1. Myasthenia Gravis (MG) is an autoimmune, neuromuscular disease, causing weakness of the voluntary muscles. 2. MG may affect any voluntary muscle, but most commonly affects those that control eye movements, eyelids, chewing, swallowing, coughing and facial expression. Muscles that control breathing and movements of the arms and legs may also be affected. 3. Because of its rarity (approximately 70,000 people are living with MG in the United States today), many Americans are often mis-or undiagnosed. MG can be controlled through modem medical intervention, but can prove fatal if left untreated. 4. The Myasthenia Gravis Foundation of America, Inc. (MGF A) is a not-for- profit organization founded 50 years ago in 1952. 5. The MGFA has grown to a network of 34 chapters throughout the country whose mission is to facilitate the timely diagnosis and optimal care of individuals affected by Myasthenia Gravis and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy and patient care. NOW, THEREFORE, BE IT RESOL VED by the Board of County Commissioners of St. Lucie County, Florida: i .. \ \ '-r ...I . 1. This Board does hereby proclaim the month of June, 2002, as "MYASTHENIA GRAVIS AWARENESS MONTH" in S1. Lucie County, Florida. 2. This Board urges the citizens of S1. Lucie County to join in an attempt to focus attention on the need for education, treatment, research, and ultimately an end to this as yet incurable disease; and congratulate the Myasthenia Gravis Foundation of America, Inc. on its 50th Anniversary. PASSED AND DULY ADOPTED this 21st day of May, 2002. . ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-' ""'" From: To: Date: Subject: Liz Martin Connie Colella; Diane Turner 5/7/024:37PM Myasthenia Gravis Proclamation I~...~:. ...---r I ~ \ / '", , '-- Mrs, Fairbrother just called and she would like the proclamation to be on the May 21st Agenda. That is a night meeting, She will be here to accept the proclamation, Thanks for your help. cc: Daniel Mcintyre; Douga MAY-B7-02 12:53 PM WEAVERDROTHER Dennis G Flirb'01i\tr .. '-'. Oôle ".. tH#II#ÞIttI 0 ,f ¡ 0 "lIe 2- I:·'OÇ'~_ ..__~~~~-_" , numb.r ....:2..~~__ ",. D1I1II1/" G. Fairbrother 24:i .s _ ~~i 'n.:;¡uu:J Av~n{/e Por:'sr Lw,;¡¡,;. ~ï .)498" !} S A. (56"') 87~~-6J;9 ::',1;' ¡¿2 '·6'J¿JO A_.___ .__.. SEND TO CompJ~, n,me ".--- 5€-1 878 6319 P.Bl . 61. Lu<;le 9..o.!m!L... __ ¡l,lt9nllOf! Frw:'..Hutchlns<!~.._,_ _. __., omc, kJeelton Fit numbe-r"--- ._- . ---. ---.. I 482-2pl_,____ _... D /Jrg9nt II fflp/y ASAP [j Pus!> ComMent o For ~Uf Info"""non Tat81 Þ'Q'S. inclurj/ng CQll<lf' ;) """ FAX COVER SHEET ~~/ j ,-_. '.----....-- ~ PINS~ _1_ /'-. ,-...._-~......._. / COMMENTS t-!ere. i.~ ,the 'p'rQÇlamalion. rOI ~,.."st~linia. Gravì~ .aw.!lI~!I.lf!s .~on.t!1. i~ .June,. If y'olJ.h¡¡ve a,'y C!.1,~Mion~, .or .woulfj nke50rn<!One, \oç,a\t¡'eTT1te~lI)Q.tQ receive .th,v pr",?!a(l)ation, .p'I.i~5e co~t¥! ."e .at 87f~~19 The.n~ ,1.0\1, for your as,sjs~~nce . ~\'!I~hia F..irbrDth.'f. .. '-, -"\- . . . ~. - I MAY-O?-02 ~:53 PM WEAVERBROTHER 561 878 6319 P.02 . '-' .....,¡ Town of: City of The National office of the Myasthenia Gravis Foundation of America, Inc, (MGF A) will celebrate its 50th anniversary during June, which traditionally Is Myasthenia Gravis Awareness month, Please join with other muniCipalities in issuìng a proclamation stating that June IS Myasthenia Gravis Awareness Month in your town or city. Following is a sample proclamation that has been declared in several other communities natíonwide. Thank you for your attention to this. Local contact: CYNT» I A- 'f::' ~ I RallO ì~L8- Name Proclamation City of I Town 01 ll:t ~l~ Gr3 ''1 phone number WHEREAS, Myasthenia Gravis (MG) is an autoimmune, neuromuscular disease, causing weakness of tile voluntary muscles; and WHEREAS, MG may affect any voluntary muscle, but most commonly affects those that control eye movements, eyelids. chewing, swallowing coughing and facìal expression, Muscles that control breathing and movements of the arms and legs may also be affected; and WHEREAS, because of its rarity (approximately 70,000 people are lîvin~ with MG in the US today), many Americans are often mis- or undiagnosed, MG can be controlled through modern medical intervention, but can prove fatai íf left untreated; and WHEREAS. the Myasthenia Gravis Foundation of Amarìea, Inc. (MGFA) is a not-for-profit organization founded 50 ye;¡¡ns ago In 1952; and WHEREAS, the MGFA has grown to a network of 34 chapters throughout the country whose mission is to facilitate the timely diagnosis and optima! care of individuals affected by myasthenia gravis and to improve their lives through programs of patient services, public information, medical research, professional education, advocacy and patient care. NOW, THEREFORE, BE IT RESOLVED that I, ¡Chairman, Board of Selectmen of the Town of June, 2002, as: _,------ -_____ .......___ .----- --. --.-----.---.. -- --------- ~~~THENIA_=~VIS AWARE~SS MON~-----> in the CityrTown of and urge all residents to jOin with me, during the period, in an attempf to focus attention on the need for education, treatment, research, and ultimately an end to this as yet incurable disease. I also urge all citizens tojoln me in congratulating the Myasthenia Gravis Foundation of America, Inc. on its 5Cf" Anniversary . Mayor of the City of , do hereby proclaim IN WITNESS WHEREOF, I hereunto set my hand and cause the Seal of the City ofrrown of , to be affixed this _th day Of in the year of our Lord, Two Thousand Two. MayorfChaírman, Board of Selectmen MAY-Ø7-B2 12:54 PM WEAVERBROTHER 56t 676 6319 P.03 . \w' ...I Contact; Insert conlact information for Ch.pter In this area For immédiate release: June is Mvastþenia Gravis Awareness Month And the 50th Vear of Fonnallv Seeking a Cure It's å little-known disease that sometimes shows up as droopy eyelids, slurred speech and slow, perhaps stumbling walk, It's Myasthenia Gravis, or MG, a chronic disease characterized by abnormal weakness of the voluntary muscles of the body, This marks the 50th year that the Myasthenia Gravis Foundation of America, Inc, has worked to help find a cure .- from a one-woman crusade to find information about the disease for her daughter to an organization of 34 chapters and hundreds of volunteers providing information to patients and families and funding research toward a cure for MG MG symptoms include droopy eyelids, double vision, slurred speech and difficulty chewing, swallowing, talking, walking, carrying things or breathing, Everyone is not affected in the same way, and symptoms and severity vary. These symptoms frequently create such a diagnostic dilemma, that physicians unfamiliar with the disordèr may not recognize the characteristics to make an appropriate diagnosis. For this reason, it is prObable that the prevalence IS actually higher than the estimation of 70,000 people live with MG in the United States Although there is no known cure for MG, there have been major advances in the treatment of MG in recent years, Available treatments are sufficiently effective that most patients will show excellent improvement and can lead normal lives. The various forms of treatment include medications, Thymectomy (surgery to remove the thymus gland), plasmapheresis (removal of abnormal antibodies rrom the bloOd stream), and IVIG treatments (the addition of good antibodies to the bloodstream), Governors throughout the nation have joined the national effort to educate ttle public about this little known disease by issuing proclamations stating that June is Myasthenia Gravis Awareness Month, Prodamations have also been issued in several cities and towns, For more information call the national office of the Myasthenia GraVIs Foundatíon of America, Inc. at 1-800-541-5454 or visit the MGFA website at Vv"MV. I'I'1vesthenia, orQ They can refer you to a local support group, f### \ ~ \.." .....,¡ Agenda Request Item Number .5(1 Date: May 21, 2002 Consent Regular Public Hearing Leg. [ ] [ [ ] [X] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development Director «11.. unity Development Director Request of Steve A. Siliato and Jason Ospina, d/b/a Mulberry Street Italian Restaurant and Pizzeria, for a waiver to Section 7.10.11 (A) of the SI. Lucie County land Development Code to allow the sale of alcoholic beverages as an accessory use to a restaurant within 1,200 feet of a religious facility (Holy Faith Episcopal Church) for property located at 7123 U. S. Highway One (SI. Lucie Plaza) and zoned CG (Commercial, General). sented By SUBJECT: BACKGROUND: On April 1, 2002, the applicants petitioned the County for a zoning compliance sign-off for a liquor license. During the review of the application, it was noted that the distance waiver granted by the Board of County Commissioners for the Papa louie's Restaurant (the previous occupant of this location) was nontransferable and therefore a new waiver request would be required. The subject parcel is located within approximately 1,200 feet of a religious facility (Holy Faith Episcopal Church - 6990 S. U. S. Highway 1). The land Development Code requires a distance of 1,600 feet between an establishment that will sell alcoholic beverages and a religious facility, school, public park or public playground. FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Draft Resolution 02-041, subject to the cited conditions contained therein. rY-1 COMMISSION ACTION: ~ APPROVED CJ DENIED D OTHER 5-0 CONCURRENCE: f/2c-, t Douglas M. An"õëi'§ë'n County Administrator County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: '-' ....,¡ COMMISSION REVIEW: May 21, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 14, 2002 SUBJECT: Consider Draft Resolution 02-041, approving the request of Steve Siliato and Jason Ospina, for a waiver from the requirements of Section 07.10.11 of the St. Lucie County Land Development Code - Distance Restrictions for Persons Selling or Transferring Alcoholic Beverages for the project known as Mulberry Street Restaurant & Pizzeria. (File No.: BCC-02-005) Steve Siliato and Jason Ospina, owners and operators of the Mulberry Street Restaurant & Pizzeria located at 7123 S. U.S. Highway 1, have petitioned the Board of County Commissioners for relief from the requirements of Section 7.10.11, St. Lucie County Land Development Code. Part A of Section 7.10.11 of the Code reads as follows: A. DISTANCE RESTRICTIONS FOR PERSONS SELLING OR TRANSFERRINGF ALCOHOLIC BEVERAGES No sales or transfers of alcoholic beverages for on-premises consumption shall be permitted except as noted below, within one thousand six hundred (1,600) feet of a religious facility, school, public park or public playground. This section shall not be applicable to sales or transfers by any license holder whose use of his premises for such safe existed before the establishment of the use of the religious facility, school, public park or public playground, or when the religious facility is located in a CG (Commercial General) zoning district as a temporary use pursuant to Section 8.02.02(H). Section 7.10.11 (B) of the County's Land Development Code provides for the method of measurement to be followed in determining whether or not a religious facility, school, public park or public playground is within the prescribed 1,600 foot radius of the proposed use. Based on the measurement standards set forth in Part B, the Holy Faith Episcopal Church has been determined to fall 1 ,200 feet from the proposed restaurant. Section 7.10.11 (C) of the County's Land Development Code provides for a procedure where, in the case of establishments that are proposing to sell or transfer alcoholic beverages for on- premise consumption as an accessory use/activity to an eating place the owner/operator of the eating place may seek relief from these minimum separation standards. In order for the Board to consider any filed waiver requests, the petitioner for such waiver must meet the following two minimum standards: "'- May 14, 2002 Page 2 ....,¡ Subject: Siliato Distance Waiver BCC-02-005 a. Limit the dispensing or sale of beer, wine or liquor only to those persons patronizing the establishment for the main purpose of ordering and consuming food, and, b. The establishment must have permanent kitchen facilities located within the premises in which meals are regularly prepared for service to patrons of the establishment. The Mulberry Street Restaurant and Pizzeria is proposed for location in a building that has housed several restaurants over the past few years, the most recent being, Papa Louie's. Papa Louie's Restaurant applied for and was successful in obtaining a distance waiver for the sale of alcoholic beverages as an accessory use to a restaurant. The applicant has indicated to staff that Mulberry Street Restaurant and Pizzeria is to be a family restaurant. The proposed hours of operation would be Monday through Saturday, 11 am to 11 pm., and 4 pm to 10 pm Sunday. The total seating capacity has been represented to be 85 seats. The applicant has proposed an interior bar area that will seat at a maximum 12 individuals. There have been no representations to the County that this facility will be anything more that a family style restaurant. As part of the application process for obtaining a State of Florida Alcoholic Beverage license, the applicant submitted a request for local zoning compliance on April 1, 2002. At that time, the Building and Zoning Division of the Department of Public Works informed the applicant that the submit parcel was not permitted to have an alcoholic beverage license because it was less than 1,600 feet from the Holy Faith Episcopal Church facility. In addition, the applicant's were informed that the existing distance waiver for the Papa Louie's Restaurant was nontransferable and that a new distance wavier would need to be granted. On April 24, 2002, the applicant submitted a request for waiver in accord with the provisions of Section 7.10.11 of the Land Development Code. In considering the request for waiver, the Board may only grant the requested waiver, if it determines that such an action would not adversely affect the community health, safety or general welfare and that the following specific items have been met: 1. The actual location and distance of the proposed establishment with respect to other places of business licensed to sell intoxicating beverages, whether on or off the premises, as well as churches, schools, public parks or public playgrounds. The applicant is proposing to serve alcoholic beverages (beer and wine only) to the patrons of the proposed Mulberry Street Restaurant and Pizzeria. The applicant is requesting a waiver from the provisions of Section 7.10.11 of the St. Lucie County Land Development Code in order to provide patrons. the opportunity to partake of alcoholic beverages (beer and wine only) as part of its business establishment. The granting of the requested waiver is not expected to adversely affect community health, safety or general welfare. The Holy Faith Episcopal Church (6990 S. U. S. Highway 1) is located approximately 1,200 feet north, measured as defined by the Land Development Code, see Attachment "A". Review of the surrounding areas uses and the most commonly used travel ways appears to indicate that those individuals wishing to access the above cited facilities will not have to pass directly by the proposed eating and driving establishment in order to '-, May 14, 2002 Page 3 ...., Subject: Siliato Distance Waiver BCC-02-005 , ::.:' gain access to the religious facility. Because of the already existing access ways to the religious facility it is not expected that there will be inadvertent pass by traffic that could be enticed into this facility from the religious facility. 2. The type and size of the establishment, including bar floor space and seating capacity, capable of seating not fewer than thitty-five (35) persons simultaneously for the purpose of consuming food, and whether, in view of such type or size, the proposed establishment is likely to create a public nuisance or traffic impediment by drawing crowds or persons milling about outside the building. The applicant has indicated that the restaurant will have a minimum capacity of 85 seats as required by code with a maximum seating capacity of 200. The applicant is proposing a bar area that will seat 12 patrons maximum. The proposed location is within the existing St. Lucie Plaza. According to the applicant, the proposed facility is not likely to create a public nuisance or traffic impediment by persons milling about outside the facility. 3. Whether adequate parking and landscaping for the facility is provided so as to meet the requirements set forth in Section 7.06.00 and 7. 09.00 of this Code. The subject property was previously utilized as a restaurant (Papa Louie's Restaurant) and is located at the north end of the St. Lucie Plaza. The shopping plaza has sufficient parking to accommodate the proposed restaurant. The property in question has been determined to meet minimum site requirements for parking and landscaping given the existing conditions of the parcel. . f fí 4. Whether the facility is physically separated or sufficiently well buffered form all adjacent residentially zoned areas; schools, churches, public parks and public playgrounds. t. .' The proposed location is located within the St. Lucie Plaza shopping center at 7123 S. U. S. Highway 1. It is surrounded to the north and south by the St. Lucie Plaza and to commercial properties to the east and residential properties to the west. The religious facility in question is north of the subject property, east of U. S. Highway One and meets the minimum of 1000 feet requirement. Therefore, the proposed location is adequately buffered from any surrounding residential properties. The proposed facility will have access onto US #1 via the Town South Shopping Plaza shared driveways. ,. Review of the surrounding areas uses and the most commonly used travel ways appears to indicate that those individuals wishing to access the Holy Faith Episcopal Church will not have to pass directly by the proposed eating and drinking establishment in order to gain access to the religious facility. Because of the already existing access ways to the religious facility it is not expected that there will be inadvertent pass by traffic that could be enticed into this facility from these uses. ? ì . 5. Whether, if the facility is located with sixteen hundred (1,600) feet of a church, school, public park or public playground, it will generate traffic which may adversely affect the \., May 14, 2002 Page 4 ...., Subject: Siliato Distance Waiver BCC-02-005 ~., ~J: safety of persons attending or using such church, school, public park or public playground. The proposed facility is not expected to generate any additional traffic that would have any material effect on access to the religious facility. The most commonly used access path to the religious facility is not the same as to the proposed eating and drinking establishment. The applicant's proposed restaurant facility will be located within an existing restaurant shopping plaza (S1. Lucie Plaza). The building footprint is not expected to change and therefore any traffic concerns were assessed at the time of development of the shopping center and outparcels. Staff has reviewed the request for waiver of this requirement and has determined that the proposed development would not negatively affect the surrounding properties nor would it adversely affect the community health, safety or general welfare. The existing religious facility will be more than sufficiently buffered from the proposed restaurant. The applicant is proposing that alcoholic beverages (beer and wine only) be sold as an accessory to the primary restaurant use for the building. Staff recommends that the petition of Steve Siliato and Jason Ospina, d/b/a Mulberry Street Restaurant and Pizzeria, for a waiver from Section 7.10.11 of the S1. Lucie County Land Development Code be approved, subject to the following conditions: 1 . The waiver request granted under this petition is limited to the sale of beer and wine onlv. The sale of any other alcoholic beverages will require approval by the Board of County Commissioners. 2. Mulberry Street Restaurant and Pizzeria must maintain a minimum of 35 seats. 3. The waiver request granted under this petition is limited to the current petitioners, Steve Siliato and Jason Ospina, and is not transferable or assignable without the expressed approval of the Board of County Commissioners following a duly noticed public hearing on the proposed transfer or assignment. 4. The Mulberry Street Restaurant and Pizzeria shall only operate between the hours of 11 a.m. and 11 p.m., Monday through Saturday and 4pm to 10 pm Sunday. 5. County staff shall inspect the premises within six months from the date of the approval to determine whether the establishment is being operated in a manner consistent with this approval. Please contact this office if you have any questions on this matter. Attachment \.' .....J Subject: Siliato Distance Waiver BCC-02-005 ~. , May 14, 2002 Page 5 cs cc; Steve Siliato and Jason Ospina, Owners File H:\wp\projects\clarizio\bccmemo.fnl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 \.' '-' RESOLUTION 02-041 FILE NO.: Bee 02-005 A RESOLUTION GRANTING A WAIVER FROM THE REQUIREMENTS OF SECTION 7.10.11 (A) OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE PERMITTING THE SALE OF ALCOHOLIC BEVERAGES WITHIN 1,600 FEET OF A RELIGIOUS FACILITY, SCHOOL, PUBLIC PARK, OR PUBLIC PLAYGROUND. 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. Steve Siliato and Jason Ospina (d/b/a Mulberry Street Restaurant and Pizzeria) has petitioned for a waiver from the requirements of Section 7.10.11 (A) of the St. Lucie County Land Development Code authorizing the on-premises consumption of alcoholic beverages in an establishment located within 1,600 feet of a religious facility, school, public park, or public playground for property is located at 7123 South U S Highway 1 and as more particularly described in Section B below. 2. Section 7.10.11 (B) of the County's Land Development Code provides for the method of measurement to be followed in determining whether or not a religious facility, school, public park, or public playground is within the prescribed 1,600 foot radius of the proposed use. Based on the measurement standards set forth in Part B, the Holy Faith Episcopal Church, 6990 S U. S. Highway 1 (1,263 feet north of the subject property) has been determined to fall within the 1 ,600-foot radius. 3. Section 7.10.11 (C) of the St. Lucie County Land Development Code provides that the Board of County Commissioners may waive the minimum distance provisions of Section 7.10.11 (A) of the St. Lucie County Land Development Code, following a public hearing, if the Board determines that the standards of review for the granting of this requested waiver have been complied with. 4. On May 21, 2002, this Board held a public hearing on the proposed distance waiver authorizing the selling or transfer of alcoholic beverages for on-premises consumption as am accessory use/activity to an eating place that is within 1,600 feet of a religious facility, school, public park or public playground after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and notifying all property owners of record within 500 feet of the subject property. 5. The proposed waiver is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. File No.: BCC-02-005 May 21, 2002 Resolution 02-041 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 ~ ...,.¡ ( ;\ 6. The St. Lucie County Development Review Committee has recommended that the waiver to the distance for the selling of alcoholic beverages be granted, based upon the following standards of review as described in Section 7.10.11 (C) of the Land Development Code: a. The dispensing of alcohol beverages is accessory to the restaurant use. b. The requested distance waiver would not result in an adverse affect on community health, safety or general welfare. c. The selling of alcoholic beverages (beer and wine only) within the establishment, Mulberry Street Restaurant and Pizzeria, is not likely to create a public nuisance or traffic impediment by drawing crowds or persons milling about outside the building. d. The facility, Mulberry Street Restaurant and Pizzeria, is physically separated and sufficiently buffered from all adjacent residentially zoned areas, schools, churches, public parks or public playgrounds. e. The facility, Mulberry Street Restaurant and Pizzeria, will not generate traffic which may adversely affect the safety of persons attending or using any church, school, public park or public playground within 1,600 feet. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 7.10.11 (C) of the St. Lucie County Land Development Code, the requested waiver to the minimum distance requirements for the on-premise consumption of alcoholic beverages as an accessory use to an eating establishment and an existing religious facility, school, public park or public playground is hereby granted for the restaurant known as Mulberry Street Restaurant and Pizzeria located at 7123 South U. S. Highway 1, subject to the following conditions: 1. The waiver request granted under this petition is limited to the sale of beer and wine onlv. The sale of any other alcoholic beverages will require approval by the Board of County Commissioners. 2. Mulberry Street Restaurant and Pizzeria must maintain a minimum of 35 seats. 3. The waiver request granted under this petition is limited to the current petitioners, Steve Siliato and Jason Ospina, and is not transferable or assignable without the expressed approval of the Board of County Commissioners following a duly noticed public hearing on the proposed transfer or assignment. 4. The Mulberry Street Restaurant and Pizzeria shall only operate between the hours of 11 a.m. and 11 p.m., Monday through Saturday and 4pm to 10 pm Sunday. File No.: BCC-02-00S May 21, 2002 Resolution 02-041 Page 2 1 2 3 4 5 6 B. 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 C. 35 36 37 38 39 40 D. 41 42 43 44 45 46 47 48 E. 49 50 51 '- ...,J 5. County staff shall inspect the premises within six months from the date of the approval to determine whether the establishment is being operated in a manner consistent with this approval. The property on which this waiver is being granted is described as follows: Begin at the Southeast corner of the Northeast 1/4 of the Northwest 1/4 of Section 22, Township 36 South, Range 40 East, St. Lucie County, Florida run south 27°38'00" East 210 feet to the north line of Rio Mar Drive, thence run south 62°22'00" West along Rio Mar Drive 30 feet, thence run north 27"38'00" West 225.83 feet, thence run north 89°49'00" West 555.72 feet to the Southwest corner of the herein described parcel, said Southwest corner being located north 89°49'00" West of and 589.64 feet distant from the Point of Beginning; thence from said Southwest Corner run north 00°07'00" East 800 feet, thence run south 89°49'00" East 400 feet; thence run south 00°07'00" West 150 feet; thence run south 89°49'00" East 164.36 feet to the westerly right-of-way of U S 1; thence run southeasterly along said right-of-way being a curve concave to the northeast having a radius of 1952.08 feet, and an arc distance of 310.62 feet, the chord for said curve bears South 12°00'05" East said chord being 310.29 feet; thence run north 89°49'00" West 101.01 feet, thence run south 00°07'00" West 229.94 feet, thence run south 27°38'00" East 132.02 feet to the Point of Beginning (OR 485- 1159) Together with the rights of Ingress and egress as set forth in O.R. Book 312, Page 1621 and O. R. Book 312, Page 1611, St. Lucie County Records. (ParcellD Number 3422-211-0010-000/6) (Containing 9.95 acres, more or less) Location: (7123 S. U. S. Highway 1) The approvals and authorizations granted by this Resolution are for the purpose of obtaining an alcoholic beverage license from the State of Florida and a Zoning Compliance from St. Lucie County, and are not assigned to any other party or institution, Should the petitioners, Steve Siliato and Jason Ospina, choose or decide to assign this business to another entity or individual, a new waiver authorization shall be required. The approvals granted under this resolution are specifically conditioned to the requirement that the petitioners, Steve Siliato and Jason Ospina, including any successors in interest, shall obtain all necessary permits for the sale of alcoholic beverages, including but not limited to: the State of Florida, Department of Business and Professional Regulations, Division of Alcoholic Beverages and Tobacco, prior to the issuance of any local building permits or Zoning Compliance authorizing the sale of alcoholic beverages for on-premise consumption on the property described in Part B. The authorizations granted through this waiver shall expire on May 21, 2003 unless a zoning compliance is issued or an extension of this waiver is granted. The issuance of a zoning compliance authorizing the on-premises consumption of alcoholic beverages (beer and wine only) as an accessory use to the operation of a restaurant (eating place) File No.: BCC-02-005 May 21, 2002 Resolution 02-041 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 '- "wi shall serve to permit, and maintain the right to continue with, the operation of a restaurant with the on-premises consumption of alcoholic beverages as an accessory use beyond the indicated expiration date, subject to the petitioners maintaining all applicable licenses and zoning authorizations, and further subject to the limiting conditions outlined in Part A above. If the petitioner shall fail to meet the conditions of the waiver including the limiting conditions above, the Board of County Commissioners may revoke the waiver and prohibit any sale of alcoholic beverages on premises. F. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Director. Further, the Community Development Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of 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 Doug Coward XXX Vice-Chairman Cliff Barnes XXX Commissioner Paula Lewis XXX Commissioner John Bruhn XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 21st day of May 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY cs: H\wp\projects\Mul berry\resol ution File No.: BCC-02-00S May 21, 2002 Resolution 02-041 Page 4 ~ '- ...., -'i: ls Agenda Request Item Number Date: 58 OS/21/02 Consent Regular Public Hearing leg, [ ] [ ] [ ] [X] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider Draft Resolution 02-043 granting a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District for property located on the west side of Oleander Avenue, approximately 200 feet north of Elyse Circle, BACKGROUND: John Arie has requested a change in zoning for 14.81 acres of land located on the west side of Oleander Avenue, approximately 200 feet north of Elyse Circle. The stated purpose for the rezoning is to develop a 16-lot residential subdivision on the subject property. (File No: RZ-02-005) FUNDS AVAilABLE: N/A PREVIOUS ACTION: At the April 18, 2002, public hearing on this matter, the SI. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, with one member (Mr. McCurdy) absent and one member (Mr. Matthes) recusing, recommended approval for the requested change in zoning. RECOMMENDATION: Staff recommends approval of Draft Resolution 02-043. COMMISSION ACTION: ~ APPROVED D DENIED D OTHER 5-0 CONCURRENCE: f/Lz~ Douglas M. Anderson County Administrator County Attorney Originating Depl: Finance: Coordination! Signatures Mgl. & Budget: Other: Purchasing: Other: '-' TO: FROM: DATE: SUBJECT: LOCATION: EXISTING ZONING: PROPOSED ZONING: FUTURE LAND USE: PARCEL SIZE: PROPOSED USE: PERMITTED USES: ""'" '3 ;i'{:I" Commission Review: May 21, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM County Commission Community Development Director May 15, 2002 Application of John Arie for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District. (File No.: RZ-02-005) West side of Oleander Avenue, approximately 200 feet north of Elyse Circle. AR-1 (Agricultural, Residential- 1 du/acre) RS-2 (Residential, Single-Family - 2 du/acre) RU (Residential Urban) and RS (Residential Suburban) 14.81 acres 16 Single-Family Lots Attachment "A" - Section 3.01.03(H) RS-2 (Residential, Single-Family - 2 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: RS-4 (Residential, Single-Family - 4 du/acre) to the south and southeast. AR-1 (Agricultural, Residential - 1du/care) is located to the north. I (Institutional) is located to the east. OSC (Open Space Conservation) is to the west and within the city limits of Port St. Lucie. SURROUNDING LAND USES: The general existing use surrounding the property is residential. \wi ~ .~ ~, .'L' May 15, 2002 Page 2 Subject: John Arie File No.: RZ-02-005 The Future Land Use Classification of the surrounding area is RU (Residential Urban) to the south and north. RS (Residential Suburban) to the west and P/F (Public Facilities) to the east. FIRE/EMS PROTECTION: Station #3 (250 West Prima Vista Boulevard), is located approximately 4.5 miles to the southwest. UTILITY SERVICE: Water and sewer service will be provided by Port St. Lucie Utilities Department. TRANSPORTATION IMPACTS RIGHT·OF·WAY ADEQUACY: The existing right-of-way for Oleander Avenue is 73 feet. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether 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 and specifically has met the standards of 11.06.03. 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 request is compatible with the RU (Residential Urban), which allows a maximum density of 5 dwelling units per acre and RS (Residential Suburban) Future Land Use classifications, which allows a maximum density of 2 dwelling units per acre. '-' .., ì May 15, 2002 Subject: John Arie Page 3 File No.: RZ-02-005 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 residential uses in the area. The Rivers Edge Subdivision located to the south has a zoning district designation of RS-4. Several other residential developments with densities in excess of 1 du/acre are in the area of proposed development. 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. 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 amendment 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. The surrounding parcels of property are designated for residential uses in excess of 2 du/acre. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; ~-; The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. '-' "ell ì ~. May 15, 2002 Page 4 Subject: John Arie File No.: RZ-02-005 COMMENTS The petitioner, John Arie, has requested this change in zoning from the AR-1 Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District on property located on the west side of Oleander Avenue, approximately 200 feet north of Elyse Circle. The stated purpose for the rezoning is to develop the property into 16 single-family lots. Attached is a copy of Section 3.01.03(H) - RS-2 (Residential, Single-Family - 2 du/acre), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in these zoning districts. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist 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. At the January 17, 2002, meeting of the Planning and Zoning Commission, by a vote of 7 to 0, with one member (Mr. McCurdy) absent and one member (Mr. Matthes) recusing, the Planning and Zoning Commission recommended approval of the change in zoning. Staff has reviewed this petition and determined that it conforms to 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 recommends that the Board approve the petition for a change in zoning from the AR-1 (Agricultural, Residential- 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District. Attached is a copy of Draft Resolution 02-043, which, if approved, would grant a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District. If you have any questions, please let me know. SUBMITTED: hf cc:John Arie County Administrator County Attorney Public Works Director Planning Manager 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 '-' -..,I RESOLUTION 02-043 FILE NO.: RZ-02-005 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL - 1 DUlACRE) ZONING DISTRICT TO THE RS-2 (RESIDENTIAL, SINGLE-FAMilY - 2 DUlACRE) 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, including but not limited to the staff report, has made the following determinations: 1. John Arie. presented a petition for a change in zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District for the property described below. 2. On April 18, 2002, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a change in zoning from the AR-1 (Agricultural, Residential-1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District for the property described in Part A below. 3. On May 21,2002, 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 has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. 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 AR-1 (Agricultural, Residential-1 du/acre) Zoning Districtto the RS-2 (Residential, Single-Family- 2 du/acre) Zoning District for that property described as follows: .\ " File No.: RZ-02-005 May 21, 2002 Resolution 02-043 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 B. 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 \w ..,J ~~ '!~~ BEING A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SAID SECTION 16; THENCE, NORTH ALONG THE EAST LINE OF SECTION 16, A DISTANCE OF 1,334.05 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE SOUTH 89°40'00" WEST, A DISTANCE OF 647.13 FEET; THENCE, SOUTH A DISTANCE OF 62.18 FEET; THENCE, SOUTH 72°28'00" WEST, A DISTANCE OF 190 FEET, MORE OR LESS TO THE MEAN HIGH WATER LINE OF THE ST. LUCIE RIVER; THENCE, NORTHWESTERLY ALONG SAID MEAN HIGH WATER LINE TO THE INTERSECTION WITH A LINE 460.75 FEET NORTH OF, MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 16; THENCE, EASTERLY ALONG LASTLY SAID LINE, A DISTANCE OF 1,706 FEET, MORE OR LESS, TO THE INTERSECTION WITH SAID EAST LINE OF SECTION 16; THENCE, SOUTH ALONG SAID EAST LINE OF SECTION 16, A DISTANCE OF 460.75 FEET TO THE POINT OF BEGINNING - LESS THE EAST 23.00 FEET FOR ROAD RIGHT-OF-WAY. (Tax 10#: 3416413-0001-000/1) (Location: West side of Oleander Avenue, approximately 200 feet north of Elyse Circle) owned by John Arie, is hereby approved. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward xxx XXX Vice-Chairman Cliff Bames Commissioner Frannie Hutchinson XXX Commissioner Paula A Lewis XXX Commissioner John D. Bruhn XXX File No.: RZ-02-005 May 21,2002 Resolution 02-043 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 '- ...." J¡¡\ ~~ñ ~)í PASSED AND DULY ADOPTED This 2151 Day of May 2002. BY ATTEST: Deputy Clerk hf H :\WORD\Petitions\BCC\Finished.02\Arie.RZ\ArieRES.doc File No,: RZ-Q2-005 May 21, 2002 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 02-043 Page 3 '-' ...,I . """"'" ~ z ~" ¡.' c: .r. o J " ~.,......I '1' ~. l~ I ~.. ~ ~ ~ ¡j o N .0 N Q) L{) o o I C\J o N 0: ~ '" . ï ~ . o 10.- « \ C. , a ;:,. ~, ... ... .. ~ '" ~.. ~,; z ::> 0 ~ ü z .... - :J 0 Q'f~ 3ftl n,. Ü II: UJ I """. > I æ ~ ... I! Z ... ~ a I ~ ~ I « '" .... ODIS ~ ~ '" õ .... ... ~ S K 1 S " 1 ... ! .. .. I ~ " AlNn08 3380H833>10 , ~ '- ~ A Petition uniVacre) to of John Arie for a Change in Zoning from AR-1 (Agricultural, Residential-1 RS-2 (Residential, Single family-2 units/acre). .......---~-~-..... , ......,.. ) - " -. ~ .. ". ." -.. ...' -.. J) /..~~ /' í (~......... , '\ \ . , \ I . . , \ . . '. \ \",. \ .......",1 . 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" - . .- " " " .- " " '. -,'- "; :.'-: ::-: ~:. "; ~.--: ::-::>: -:- > ~~§2;~t-tl{.l;~-J~~?: /) /1 ~ , ír.... , " \ . , \ I , , , \ -'. \ \.".. \ \...... I " /' \ " \ \ \ j \ ! \ l ./ - , , , . . . , ....~ ':-:: '.'-:: -.":: ',--:: -:-:: -:-;:-' >: '>: .:-: ~>: ~>: .;.: ~>: - -:-: ':-: ':- "; -,'. "; -.-. "; -:-: -.' ...,., Kitterman Road r-- N o Z . H lJ . , RS QJ :J c: QJ > PIF « '- QJ Õ "0 c: c: 0 0 QJ Ü 0 .:....:.. g;~;;j;j;@;~:.~~~;~:m:;?:};g:¿.;.. ;:::;. ~~i::;~:~??~;:~;~:~;:::~/-:~:.~~::_>,~:· :':.: ':-: ':-: '. RZ 02-005 V / /./1 This pattern indicates subject parcel ~~i;~~i;~~r~~i;~~i;~(1 This pattern indicates City of Port St. Lucie . . 5;4~~~ Map prepared March 25, 2002 ThII mep '* bien COI11)IId b~pIiIrU'Ig md nHrwa ~ Irii. 'M1IIe fNfItYelkWthU ~ ~tcpoWJe!he mo.Icunnln ~ InIDfmdon pouI)Ie, I II not ~ fer UN . . Iøg-'Iy 1*1cIng cbun8nl N '-' ...,; John Arie RZ 02-005 V / / /'1 This pattern indicates subject parcel ~~~~~~ Map prepared March 25, 2002 t - '; ",:- ;..:. ,....:- '; ..:- ;",:- '; ~';,/;,:~.;,:~'\~;,/;, This pattern indicates City of Port S1. Lucie This m.p tw bMn ~ fer genøNlp¡.ßIQ tnd NIw'8noI pü'p:IMI ontj. N '^'* ~efbtha been mede lei prayIde 1hI mDllCImII"tIMd IICQfth InformIdon pouü"l. natlntended bUM U _l8g8IIytnirQ docaa'nMl '- . ~~ "".., ,....,~, ."'~',;.:~,..,,,,:-,..',; ~; '¡~ \_'- ¿ L LJ .....::1: 3dl t;.::.Q AGENDA ITEM 4: .JOHN ARIE - FILE NO. RZ-02-005: 7l'!MtMC" I ,\iJ ~-;:h.a f, P¡:';WV Al, '>1' ""'- i.f,;:1 Hank Flores, presenting Staff comments, stated that Agenda Item # 4 was the application of John Arie for a Change in Zoning from the AR-I (Agricultural, Residential - I du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District for 14.81 acres of property located on the west side of Oleander Avenue, approximately 200 feet north of Elyse Circle. The stated purpose for the rezoning is to develop the property into 16 single-family lots. The surrounding zoning is RS-4 (Residential, Single-Family - 4 du/acre) to the south and southeast. AR-I (Agricultural, Residential- ldu/care) is located to the north and I (Institutional) is located to the west. OSC (Open Space Conservation) is also to the west and within the city limits of Port St. Lucie. 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. Mr. Harold Melville stated he represented the petitioner. He stated that the parcel is 15 acres and is to the west of Oleander and just north of the River's Edge subdivision. He continued that the site is vacant except for an abandoned home. He also stated that the east portion of the property is in the RU (Residential, Urban) Land Use area, which allows up to five dwelling units per acre. He stated that the westerly portion of the property is in the RS (Residential, Suburban) Land Use area and that allows up to two dwelling units per acre. He continued that based on the acreage of RU and RS Land Use and it is about six and a half acres of RU with approximately eight and a half acres of RS. The total units allowed based on land uses are about fifty. He also stated that the applicant is requesting a zoning change from AR-l to RS-2, which is compatible with both the RU and RS land uses for the purpose of developing a sixteen-unit subdivision. He continued that the properties to the south and southeast are zoned RS-4 and the assisted living facility across the street is zoned Institutional. He also stated that further north along Oleander is zoned RS-2 to the northeast and also AR-I to the north. He stated that he felt the requested change was consistent with the patterns of the area and also consistent with quality residential subdivisions. He also stated that a site-plan application had been filed with the County which illustrated a sixteen lot subdivision with fifteen one-half acre lots and one larger lot which will be approximately one and a half acres, for a total of sixteen lots. Mr. Akins asked Mr. Melville what size the lots are in the RS-4 zoned area to the south of the proposed property. Mr. Melville stated that those lots are generally smaller and most of them have fifty or seventy-five foot fronts. He continued that some of the lots have been combined and have large houses on them but most of them are approximately half-acre lots. Mr. Grande stated that generally Port St. Lucie Utilities requires either an annexation agreement or charge a premium for the water and he questioned which option the developer has chosen. Mr. Eric Zeiss, an engineer with Culpepper and Terpening, stated that Port St. Lucie Utilities does not require annexation but they charge an additional 25% on their monthly rate. Mr. Grande stated that he was under the impression it was a choice of either becoming annexed or paying the fee. Mr. Zeiss stated that Port St. Lucie does not give the developer the option to be annexed and only charge the fee. Mr. Hearn questioned if each of the home sites will be required to hook-up for sewage service. Mr. Melville stated that is correct and there will be no septic tanks. P & Z Meeting April 18, 2002 Page 6 '-' F ,...~ ...~- L....J Chairman Merritt opened the Public Hearing. ~¡:'1;¡:1':)" TQ ~::~;;~"~,~;'~;>~/""!I. ry j:;1;t\~;?\_~(t r~~"!-\~·~',:~n~I.J,, ~,Ä ,t:~;:~1~~,,:',:t~~, ",·,,.···"·'N" ¡.""""" ~l f';.£.).~~',!::I.;~::"",·""~:~c5' ¡~""r M'¿,V..rt l;'-A;¡;.I,¡:J....~'.. ;¡ Mr. Herbert Beach stated he lives on Saeger Avenue, which is north of the project. He continued that River's Edge was zoned RS-4 but that the owner, Mr. Lloyd Taylor, never sold any lots in that development unless they purchased two or more together. He stated that he felt the proposed project is compatible with the surrounding developments and he asked for approval. He also stated that the Mr. Zeiss was correct that Port St. Lucie does not ask for or require annexation, He continued that all of the existing residents have to go through St. Lucie County's Utility Authority on MSBU's in order to get their water and he questioned why this development would not have to do the same. Mr. John Ferrick stated that he resides on the river and has seen it flood and was concerned with the flood hazard area on this parcel. He continued that he would not like to see a flood hazard area developed and then have their properties flooded. Mr. Jim Ross stated that he resides in River's Edge and has been told that at times the flooding has risen to his property level. He continued that it has not happened in the two years that he has been living there so he does not know first hand. He also stated that he is not opposed to the development but did have a few questions about the project. He asked Mr. Melville if he could review the proposed plan for the development. Mr. Kelly stated that he wanted everyone to be aware that this is a hearing on the rezoning issue and that the site plan they are reviewing is not binding in any way, Mr. Trias questioned if the applicant has filed the site-plan with the County. Mr. Kelly stated that there is a site-plan in the office that is currently being reviewed but has not been finalized since they are waiting for a decision on the rezoning. Mr. Ross stated that he does not have any reason to object to this project as he sees it Chairman Merritt asked Mr. Ross if he was on sewer and water in River's Edge. Mr. Ross stated that they have city water and a septic tank system and some also have artesian wells for their sprinkler systems and items like that. Mr. Ross asked if there were any considerations where the new developments artesian well might be. Chairman Merritt closed the Public Hearing. Mr. Hearn asked Staff in they had any info regarding the public's concerns about flooding. Mr, Kelly stated the property's easterly front portion is very dry and that is why it was designated RU. He continued that the back of the property does get lower along the river and there is a flood plain and/or floodway area. He also stated that the drawings they have seen tend to keep most of the development out of that area and his impression is that the developer has done a good job keeping out of that flood prone area. Mr. Zeiss showed a drawing, which illustrated where the flood area is in regards to the development. He also stated that only a portion of two lots have any land within the floodway. Mr. Melville stated that he believed there was a lift station across the street that would accommodate the sewer. Mr. Zeiss stated the lift station was constructed about three or four years ago in front of the convalescent center and they have a manhole across Oleander that they propose to tie into. Mr. Akins questioned if the lift station was County or City. Mr. Melville stated he believed it was Port St. Lucie City Utilities. P & Z Meeting April 18, 2002 Page 7 ,. SU\3j[¡;~ ...." Fl!\\~t~iNG & ,.AI;:',ß'" CO~m~¡\::'.. ....\O¡ Mr. Grande 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 S1. Lucie County Board of County Commissioners grant approval to the application of John Arie, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 dulacre) Zoning District to the RS-2 (Residential, Single-Family - 2 dulacre) Zoning District because it is consistent with the surrounding community and provides for orderly development. '-' ImmiG ~?rm)\J Al 1\ ,-"¡,' ..';,,? ;'_1.', 'J¡. Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed unanimously (with a vote of 7-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 8 ~ ....." AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, May 21,2002 7:00 P.M. JOHN ARIE, has petitioned St. Lucie County for a Change in Zoning from the AR-I (Agricultural, Residential- 1 dulacre) Zoning District to the RS-2 (Residential, Single-Family - 2 dulacre) Zoning District for the following described property: Location: West side of Oleander Avenue, approximately 200 feet norlh of Elyse Circle.. 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 ~m 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 May 11, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on May 11, 2002. File No. RZ-02-005 \.r BOARD OF COUNTY COMMISSIONERS ...."I COMMUNITY DEVELOPMENT DIRECTOR May 11,2002 In accordance with the St. Lucie County Land Development Code, you are hereby advised that JOHN ARlE has petitioned St. Lucie County for a Change in Zoning from the AR-l (Agricultural, Residential - I dulacre) Zoning District to the RS-2 (Residential, Single-Family - 2 dulacre) Zoning District for the following described property: Location: West side of Oleander A venue, approximately 200 feet north of Elyse Circle. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held oJ 7:00 P.M., or as soon thereafter as possible, on May 21, 2002, County Commissioner's Chambers, SL Lucie County Administration Building Annex, 2300 Vrrginia Avenue, Fort Piørce, 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 Board of County Commissioners should be received by the COJ,Jnty Planning Division at least 3 days prior to a scheduled hearing. County policy discourages conununication with individual County Commissioners on any case outside of the scheduled public hearing(s). Yau may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronicaUy recorded. If a person decides to appeal any decision made by the County Commission with respect to any matta 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 proœeili"g 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 Conununity 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 call5611462·1582 if you have any questions, and refer to: File Number RZ-02-OO5. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~~/Mr4- JOHN D. GRUHN, District No.1· DOUG COWARD, D¡~rricr NO.2· PAULA A. LEWIS, Districr No.:} . FI'\ANNIE HUTCHINSON, DisTricT NO.4. CLIFF ßARNES. Oisfriü No.5 Counry AdminisTrator - Douglas M. Anderson 2300 Virginia Avenue · Fori Pierce, FL 34982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISlTechnical SeNices: (561) 462-1553 Economic Development: (561) 462-1550 . Fax: (561) 462-1581 ,~ . .. ~ .,..... ......-..-. ¡' ~ I A' .I L r'\ r..I ...." ~).~,... -"AAT«(J~'_.I."'''¡. j Non' 'cbyç' In Dllve . Coc(o-=.. CIC<ordonc;.w;*Sðctòon p.oo.G3dlh..st..~' ': hen'¡....Plan.lhatlhiWéí~~--~.qI....:St.·_I.Ÿdii~~~ ~=:::::r¿~~l~';r-t~&;:~,,:~ · du/~1I1 Zoning o;micI to...... CG GC,.....::::.......,.... In Zoning fro. .. AGo1 . . 1 <M1(nbed pt'operty: ~lal ee.-..q loøMg Oislrid for.. THE WEST 400 FEET Of IHE S . ; Of SECT, 16 rwN J,f) OUTH S47.9¿ f(H Of THE EAST 111 Of TH ClM 1/[(011058001( ']); ~:~ less 1-95 I1IGtH.Qf.WAV...s OEStRI8E¿ t~~~{( AND ,lfS<' INDIIIO 11:0...0' ANDE ;1rW. PUBLIC I1ECOROSOf sr. LUOE CO FlOII:ID~ IIII~I, .I;~ SI IIJO( COUNTY, flO~~~"'1 I1IGtH.QFW...r, SAm lAND lyiNG .....NO I."" ~1<"'1,.,,,,! «""L"' "I hi...... 1.'0"./ ",,,I ~.,I""'I'''' 11,1<,.-1 . 'WI' '""e1.'''''1 . 11':'''' '. :1. ~ ~':,':" I r, . ""'j' :'1'1 ',d., J~';::: ~...:;' ':~'~, ''"' ""'.,-' "..I. fl'if. ,\ I',\~,( It :. I ',r J¡! 'TH' , IU ',1,_ II' ~O ~"'ÒI_, ~I, Illll/. (,;¡:,,~,~' , (JW~',!II J(, S()\,)'tt Ii'AN[ I UfS{i?II\tDA.:,rUll()W~ f¡,jj.,'11)1I I J' ~(Nf, MWI rlli?II(Ut...j.,'~Y COM"\ENCl III filE SüU'Ii!A';¡ r ( 0, .' _ . . _ ~ ^~O:>JG riff, fr\SI LINE (lr S'-O (-/~uu ,JJ ~'\D Sfe liON Iii; ¡HENCE NOUH ~ f'OINI Of- IIfGINNINGü( IHi r(~lI~~~~N" ~~'\,f_''''J<r or 11HOS fHT to lifE "l l. "I ...~I[\[O I'AIi'Cfl t [HENCE S 69"0'00" w, A DJS'AN(f Of , - or 6<'.16 rHI; [HfNn s n~<,¡¡OO- w ~~ I) ftH; !liENCE SOUTH 11 [)SfIlNCf ~? THE ME....N HI(jH '.^I~!:':¡I t:M 01 ['IIE SI.S¡~~;Cf 01 190. fHf. MOIi'E 011' lESS - R( '( AlONG SAID M':"N !tiGli WIII[i? 'I -" l. ,-1[. RIVH. 1.llNCf NOIi'TtiWESI. ~ 4607" fEE r NORr/! Of AN) ME^~ ".,' Nl [(?, hj, INrERSf(IIUN W!rH II liNE ! HiE soyrH ONE Or H'ff NO~lfI[~~"/~)~r ~t(>:t,; M!ClES, AND l'ARAlLH WITH" [H[NCt fAsrU'LY AIO'-JC [ASHY ",\1;) U [;){~,./,[~ Of_ ¡HE 51110 <;f(IION 16; ; OR lESS ro IHf INTEI/SEOIOr.¡ W [ N~_ '" UI.I_^NLE Of 1706 ffH MORE I 1!.fENCE SOurH ^lONG S,QJD EASI I >i Ilit SAID I'A~I UNE Oi- SECTION 16 ~ fffT TO HiE POJNr or 8EGINNI~g[ l~; SECTION If,. A DISTANCE Of ~ó()l-Š L RIGIH.Of.WAY. J S· HiE fAST .noo fEEr FOR ROAD tocation; W,,,I \id. 01 Oleonder A \<\!J.ue, appra~;mcr'~!,-- 200 r~,, narlh of Ely¡~ (¡tel.. J. AlF'S SPIRITS "'NO WINES INC, f itar" ,n the CG (Comm....ci"j Ge~:lo, i°nditiOßDOI U,a P,""mi! to uU".... a ,e!ail liqU<)' p,:perty: '. 0"'''9' '11.i(1 fOf ,h~ lollowing df!\Q"ibed :~ 'A>Cf,l" .. . . I "'U Of~T'All:EA OESC!'!ISEO AND S . ~lr~MI lLAGE BY THE SEA. .þ, RE= ~~:tC£l. NO. 2 ÇN THE. PlAT J:)f , LAT T UEOf, AS RECQlWfO IN pSI AND I·.... ACCORDING TO . ST,LUCIE COUNTY, FLORID.... . LAT Baal( 16. rAGE 6. rUIlIC IECOI!DS OF PARCEl 2: fOR A POINT Of BEGINNING ' . . ':-- . WINDMIll VIllAGE iy THE sEÄ. ~=g'Ar iJ-ië_ NoiT!"iWT~CORNfIr OF rAGE 31. Of'THE f'UBUC REcOt' . AS IECOIDEO·.lN PLAT lOOK 14 SOUTH 89-5672:" WEST AlCI!NG- %?' ~w=~ cg;m;r;'RQRIDA: THENCE tUN 27.84 FEfT~ THENCE tuN SOOn-f.00-03'J t_ f_ ,~():MT. -A'DlSTANCfQf ~D~~~Tó~~~~~r61~.~~Ef~~.~~8~~T~TE ~ÔI":Y2~E OF:_STATf lOAD AlA AS ~ oùi~ ftÆ WESTftLy..ltpHT: RfT:THEtotá7~ ~~ ~G SAlO·'fGHT.Qf_WAV. A ::~TH¿;+:tYN PROJfCT1ON O_F'THE NÖrTH l~?~ ~~rJ ~ONG" lINE THAT·IS AN'~~~ T\AIO. A ~STANqOf 110..00 fEU TO THE POINT~~MV:~ s~ ÙNTT S~D.lANDSSITÙ~Tf.lYING AND IElNG·Ir:,.St,¡U9~._~~F~Ó-~.> '. '~f: :::=.::;~~::±~~ir;..'. ;. on....l(lnst~_ZoningDi~:~~:~~~.IdoyWr.f~ WHtTE ON S/D OJ 3640l0T2Ó:t: ,.,:\;.-,:~,-,., - AND_lESS RD R/W _ (2.6e AC) {MÁ~M3~f ,f~~~~J~S;,:~~ fT fO. t Qtf,I!ck location, J8.£;~rtMidWQ)'R~.·~-··' -'..c.' ".....:.,-~?-~,,~' - .... ~ 5.-'S~fVE SllIATO; f~~c·:W¿~¡~¡r ~bni'S~Ctio~-7~1a:'i 1 (Â]'of'lhe -SI. l~cié Côu~ty l';nd Development Code 10 0110.... for the solc of alcoholic beverages os on .accessory use -to- (J restourant, within 1,200 feet of 0 religious facility, school. public parle, or public play- ground in the CG (Commercial, Genem!) Zoning District for the following desuibed property: [ìEGIN AT THf SOUTHEAST CORNER OF THE NORTHEAST '/4 OF THE NORTHWEST 1/4 OF SECnON 22. TOWNSHIP J6 SQUT!I, RANGE 40 EAST, Sf. LUCiF. COUNTY. ¡:¡OI.:iD.^, I~IJN SOUTH)7 18'{ì~" lAST )10 rEET TO THF NORTH LINE OF RIO MAR DRIVE. IHENCE RUN so,m-t ó[J.IOü" v.'lST NONG RIO MAR D:~IVE 30 F::ET, THENCC RUN NORTH 27'38'OO~ WEST 22,),03 FH1. lHENCE RUN NORTH 89"49'00" WEST 55512 r[CT TO THf' SOUTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL, SAID SOUTHWEST CORNER aEtNG LOCATED NORTH 69049'00" WEST Of AND 589.64 fEET DISTANT FROM THE POINT OF BEGINNING· THENCE FROM SAID SOUTHWEST CORNER RUN NORTH 00"07'00" EAST BOO fEET' THENCE RUN SOUTH 89"49'00" tAST 400 fEET; THENCE RUN SOUTH OOQ07'OO~ WEST 1)0 FEET; THENCE RUN SOUTH 09')49'00" EAST 164,36 rEET TO THE WEST- ERLY RIGHT,OF,WAY OF U 5 I, THENCE RUN SOUTHEASTERLY ALONG SAID RIGHT.OF.WAY BEING A CURVE CONCAVE TO THE NORTHEAST. HAVING_ A RADIUS OF 1952_08 rE=:í. AND AN ARC DIS1ANC[ OF 310_6? FEET. THE CHORD FOR SAID CURVE BEARS SOUTH I?OOO'Oó- EAST SAID CHORD BEING 310.29 FEET, THENCE RUN NORTH 89~49'00" WEST 101.01 FEET, THENCE RUN SOUTH 00°07'00" WEST 229.94 FEET. TH::NCE RUN SOUTt! 27"38"OQ" EAST 132.02 FEET TO THE POINT Of BEGINNING (OR 465-1159) TOGUH(R WITH THE ,~IGHTS OF INGRESS AND EGRESS AS SET FORTH IN O.R, BOOK 312, PAGE 162j AND 0, R. BOOK 312. PAGE 1611, ST_ LUCIE COUNTY RECORDS. Locafion: 7123 South U.S. Highway I. .. PUBLIC HEARINGS will be l1e1d in CommiSsion Chambers, Roger Poitras Annex. 3rd FlOC(, SI. Lucie County Administration Buildirig. 2300 Virginia Avenue, For1: Pierce, Florida . on May 21. 2002. beginnin~ at 7;00 P.M. or os soon ther~ef.o'S possible. PURSUANT TO Section 266.0105, Florida Statutes, If a perso~'d~i~es lo-oppec;lony decision made by 0 boord.-agency, or co'mmiuion with respect to any molter considéted at 0 ~ting 0( hearing, he will 'need a record. of the proceedings. cnd that, for such. purposes. he may need 10 ensure that a verbatim record of the proceedings is made, which r~d ind~~ the testi~y and evideoceupon whiCh lI1e appeal is to be~sed. 80A~D OF'COMMlSSIONERS ST.lUCIE COUNTY. FLORIDA . (S~~,cOWp,d.CH~IR~N . . .... -,-~', . ",ibU,h; May'I], 2002' 2~2~3~7 , ,. '-" ...", Planning and Zoning Commission Review: 04/18/02 File Number RZ-02-005 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: Planning and Zoning Commission Planning Manager ~ April 11,2002 TO: DATE: SUBJECT: Application of John Aria for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District. (File No.: RZ-02-005) LOCATION: West side of Oleander Avenue, approximately 200 feet north of Elyse Circle. EXISTING ZONING: PROPOSED ZONING: FUTURE LAND USE: AR-1 (Agricultural, Residential-1 du/acre) RS-2 (Residential, Single-Family - 2 du/acre) RU (Residential Urban) and RS (Residential Suburban) PARCEL SIZE: 14.81 acres PROPOSED USE: 16 Single-Family Lots PERMITTED USES: Attachment "A" - Section 3.01.03{H) RS-2 (Residential, Single-Family - 2 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 RS-4 (Residential, Single-Family - 4 du/acre) to the south and southeast. AR-1 (Agricultural, Residential- 1du/care) is located to the north. I (Institutional) is located to the west. OSC (Open Space Conservation) is to the west and within the city limits of Port S1. Lucie. SURROUNDING ZONING: \..oi 'WÎ J' :í: April 11, 2002 Page 2 Subject: John Arle File No.: RZ-02-005 SURROUNDING LAND USES: The general existing use surrounding the property is residential. The Future Land Use Classification of the surrounding area is RU (Residential Urban) to the south and north. RS (Residential Suburban) to the west and P/F (Public Facilities) to the east. FIRE/EMS PROTECTION: Station #3 (250 West Prima Vista Boulevard), is located approximately 4.5 miles to the southwest. UTILITY SERVICE: Water and sewer service will be provided by Port St. Lucie Utilities Department. TRANSPORTATION IMPACTS RIGHT -QF-WA Y ADEQUACY: SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: The existing right-of-way for Oleander Avenue is 73 feet. None. Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, sr. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether 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 and specifically has met the standards of 11.06.03. 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 request is compatible with the RU (Residential Urban), which allows a maximum density of 5 dwelling units per acre and RS (Residential Suburban) Future Land Use classifications, which allows a maximum density of 2 dwelling units per acre. '-' ...,; April 11. 2002 Page 3 Subject: John Arie File No.: RZ-02-005 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 residential uses in the area. The Rivers Edge Subdivision located to the south has a zoning district designation of RS-4. Several other residential developments with densities in excess of 1 du/acre are in the area of proposed development. 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. 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 amendment 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. The surrounding parcels of property are designated for residential uses in excess of 2 dulacre. 8. Whether the proposed amendment would be In confiict with the public interest, and is In harmony with the purpose and Intent of this Code; '-' ..." April 11, 2002 Page 4 Subject: John Arie File No.: RZ-02-005 The proposed amendment would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, John Arie, has requested this change in zoning from the AR-1 Agricultural, Residential - 1 dulacre) Zoning District to the RS-2 (Residential, Single-Family - 2 du/acre) Zoning District on property located on the west side of Oleander Avenue, approximately 200 feet north of Elyse Circle. The stated purpose for the rezoning is to develop the property into 16 single-family lots. Attached is a copy of Section 3.01.03(H) - RS-2 (Residential, Single-Family - 2 du/acre), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in these zoning districts. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist 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 determined that it conforms to 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 S1. Lucie County Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. If you have any questions on this matter, please contact this office. Attachment hf cc: County Administrator County Attorney John Arie File E. '-' - ....1 Section 3.01.03 Zoning District Use Regulations AR-1 c 1. Purpose AGRICULTURAL, RESIDENTIAL - 1 The purpose of this district is to provide and protect an environment suitable for single-family dwellings at a maximum density of one (1) dwelling unit per gross acre, together with such other uses as may be necessary for and compatible with very low density rural residential 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, 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 Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (599) c. Single-family detached dwellings. (999' 3. Lot Size Requirements 4. Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. Dimensional Regulations ( 5. Off-street Parking Requirements Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 6. Conditional Uses Off-street parking requirements shall be in accordance with Section 7.06.00. a. b. Crop services (1172 Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) Industrial wastewater disposal. (599) Kennels - completely enclosed. (0752) Landscaping & horticultural services (1178) Retail: (1) Fruits and Vegetables. (543) Riding stables. (7999) " Veterinary services. (117<) Telecommunication towers - subject to the standards of Section 7.10.23 (999) " c. d. e. f. g. h. , 7. 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I ~~'~ 51~ ]I:¡~~I~, ""'¡;¡v;:", ~Ê ~~_g§~¡¡~",o c:JZr..:;¡ø:::~..::,..,;c:JZ - 'I , - _on, - ....¡ ~~ ¡ ä1 ::EQ v """,."""" ~ '-' ."",,¡ Agenda Request Item Number Date: SC OS/21/02 Consent Regular Public Hearing leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners QìyBY opmen Director Consider Draft Resolution 02-044 granting a Change in Zoning from the AG-1 (Agricultural- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for property located at the northeast corner of the intersection of Indrio Road and Koblegard Road, Community Development SUBJECT: BACKGROUND: Indrio Ventures, LLC, has requested a change in zoning for 3.06 acres of land located at the northeast corner of the intersection of Indrio Road and KOblegard Road. The stated purpose for the rezoning is to develop a retail food store with gas pumps as an accessory on the subject property. (File No: RZ-02-Q06) FUNDS AVAilABLE: N/A PREVIOUS ACTION: At the April 18, 2002, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 6 to 1 (Mr. Lounds). with one member (Mr. McCurdy) absent and one member (Mr. Merritt) recusing, recommended approval for the requested change in zoning. RECOMMENDATION: Staff recommends approval of Draft Resolution 02-044. COMMISSION ACTION: ~ APPROVED D DENIED D OTHER 5-0 CONCURRENCE: ~'-- Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget Other: Purchasing: Other: '-' ...,,¡ Commission Review: May 21,2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 15, 2002 SUBJECT: Application of Indrio Ventures, LLC for a Change in Zoning from the AG- 1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. (File No.: RZ-02-006) LOCATION: Northeast corner of the intersection of Indrio Road and Koblegard Road. EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) PROPOSED ZONING: CG (Commercial, General) MXD - Indrio Road FUTURE LAND USE: PARCEL SIZE: 3.06 acres ~,~..¡ PROPOSED USE: PERMITTED USES: Retail Store with gas pumps as an accessory use Attachment "A" - Section 3.01.03(S) CG (Commercial, General) - 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: AG-1 (Agricultural - 1 du/care) to the north, south, east, and west. SURROUNDING LAND USES: The general existing use surrounding the property is citrus groves and some residential. ~ The Future Land Use Classification of the surrounding area is MXD - Indrio Road FIRE/EMS PROTECTION: Station #7 (4900 Ft. Pierce Boulevard), is located approximately 3 miles to the east. '-' ...., i" ~.' May 15, 2002 Page 2 Subject: Indrio Ventures, LLC File No.: RZ-02-006 UTILITY SERVICE: Water and sewer service will be provided by an on-site well and septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for Indrio Road varies from 150 to 175 feet. The existing right-of-way for Koblegard Road is 30 feet. Additional right-of-way shall be required for Koblegard Road with a minimum of 30 feet from the subject property. Right-of-way may also be required for Indrio Road. SCHEDULED IMPROVEMENTS: None. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the 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 5t. 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 the 5t. Lucie County Comprehensive Plan. The request is compatible with the MXD - Indrio Road Future Land Use classification, which allows commercial general zoning in the area of proposed development. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning may be consistent with proposed land uses in the area. At this time no other commercial uses are present in the area. '-' ....J May 15, 2002 Page 3 Subject: Indrio Ventures, LLC File No,: RZ-02-006 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. 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 amendment 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; The subject property is located within the urban service boundary as described in the Comprehensive Plan. The proposed change in zoning does not result in an orderly or logical pattern in the short term. The proposal is, however, consistent with the long-term plans for the area. 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 is not in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Indrio Ventures, LLC, has requested this change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District on property located at the northeast corner of the intersection of Indrio Road and Koblegard Road. The stated purpose for the rezoning is to develop the property into a retail store with gas pumps as an accessory use. Staff notes that the parcel size of 3 acres is larger than needed for a '-' .....; May 15, 2002 Page 4 Subject: Indrio Ventures, LLC File No.: RZ-02-006 convenience store with gas pumps. Approval of this petition would also provide for approximately 2 acres of additional commercial general zoning. Attached is a copy of Section 3.01.03(S) - CG (Commercial, General), of the St. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in these zoning districts. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist 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. At the April 18, 2002, meeting of the Planning and Zoning Commission, by a vote of 6 to 1 (Mr. Lounds), with one member (Mr. McCurdy) absent and one member (Mr. Merritt) recusing, the Planning and Zoning Commission recommended approval of the change in zoning. Staff has reviewed this petition and determined that it conforms to 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 recommends that the Board approve the petition for a change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. Attached is a copy of Draft Resolution 02-044, which, if approved, would grant a change in zoning from the AG-1 (Agricultural- 1 du/acre) Zoning District to the CG (Commercial, General) Zoning -District. If you have any questions, please let me know. SUBMITTED: Dennis J. phy, AICP Community Development Director Attachment hf cc: County Administrator County Attorney Indrio Ventures, LLC Joe Friscia, P.E. File 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 '-' .....,¡ ì ~~~~ 1 2 3 RESOLUTION 02-044 FilE NO.: RZ-Q2-Q06 " A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL -1 DUlACRE) ZONING DISTRICT TO THE CG (COMMERCIAL, GENERAL) 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, including but not limited to the staff report, has made the following determinations: 1. Indrio Ventures, LLC. presented a petition for a change in zoning from the AG-1 (Agricultural-1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the property described below. 2. On April 18, 2002, 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 a change in zoning from the AG-1 (Agricultural-1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for the property described in Part A below. 3. On May 21, 2002, 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 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 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 S1. Lucie County, Florida: A. The proposed change in the Zoning District Classification from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District for that property described as follows: File No.: RZ-02-006 May 21,2002 Resolution 02-044 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 '-- "'w1Î THE WEST 400 FEET OF THE SOUTH 547.96 FEET OF THE EAST % OF THE NW 'I. OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 39 EAST, LESS 1-95 RIGHT-OF-WAY AS DESCRIBED IN OFFICIAL RECORDS BOOK 233, PAGE 2209, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND LESS INDRIO ROAD AND CANAL RIGHT-OF-WAY, SAID LAND LYING AND BEING IN ST LUCIE COUNTY, FLORIDA. (Tax 10#: 1316-211-0001-000/8) (Location: Northeast corner of Indrio Road and Koblegard Road.) owned by Indrio Ventures, LLC, is hereby approved. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward xxx Vice-Chairman Cliff Barnes xxx Commissioner Frannie Hutchinson xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx PASSED AND DULY ADOPTED This 21st Day of May 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WORD\Petitions\8CC\Finished.02\lndrioV.RZ\lndrioVRES.doc File No.: RZ-02-006 May 21, 2002 Resolution 02-044 Page 2 '- 0 ---.J ---.J (fJ (0 <D 0 I....... 0 :J I +-' C\J C 0 <D > N 0 0: I....... -0 c ..."J ",~z " A ~f øíf~ ,oJ~~" g', V"' ~. ~. ~ " cfj't "'0. ~!& ~ 'l_ ~ " ::- ~ " g '" ë '" u r ~ . . o \ C. '\ ô ... ... ... ... .. .. a: ç Z :J ç 0 ü Z :J 0 OYOU 3Nl ]DN,y Ü a: w í > c I æ z ... +-'0 ~ ... ¡::: II! 0,- .. ! II! a: Q)+-' I Ch'~ NO,&,1tI't3 <X: II: . ---. co ...... ""'" II: ~ Z 00 <X: B 1.......0 .N -=> ~ o...---.J S K 1 S S' 1 ... ... ~ 0- .. ~ ~ 0- .. II: AlNno:::> 3380H:::>33~O A Petition of Indrio entures, LLC for a Change in Zoning from AG-1 (Agricultural,1 uniVacre) to CG (Commercial, General). ~c ;,; Access Rood 0 0 0 z 0 c: " 0 u 0 :::!: 3: lL. 0.. lL. Indrio Road F. P. F. W. M. D. Canal No. 14 RZ 02-006 [/7 /7/j This. pattern indicates [LL/ LLJ subject parcel t y i ::. ":,y -.::. ~ m:::--WUIIdII--:: '::~"'=""" N ~JIQIII:III.&..I'ICIt~...__.~~~ .Qt-.4~~, <ili ~>_A Map prepared March 27, 2002 Land Use Indrio Ventures, LLC ....,; o o Access Rood o z MXD Indrio Road o c o U a ::< ~ u.. Q. u.. Indrio Road F. P. F. W. M. D. Conol No. 14 RZ 02-006 [/7 /7 /.1 This. pattern indicates rLL/ LLJ subject parcel t r =.":.v":.a..-:.o::-'....:':""~~==:..'"=-... N ~1IOIIIIIII..ilNII.....-.cMèIfIIr__..~~~ * .ÞFtf?.;ø a~ Cil§f -=-~c.:-~· Map prepared March 27,2002 \w Indrio Ventures, LLC "-" Zonin Access Rood 0 0 0 z 6 0 c 0 u AG-1 0 :::ä: ~ lL. a.. lL. Indrio F. P. F. W. M. D. Conol No. 14 RZ 02-006 [/7 /7/J This. pattern indicates rLL/ LLJ subject parcel t I ThIIfN!I....t.woœmpot.dlar.,.....~w_~anÞ¡. N ~~~'-¡..,...,.bp<Mdl..."..,._IftC_ ........",~..._~--..~'*dnCIdIx:InoorL 5iT~~.~~ qJª¡ ..c."=-:s.. Map prepared March 27, 2002 Ventures, LLC RZ 02-006 r/77 / /j This. pattern indicates f.LLL.LLJ subject parcel 5Ø'L~~~,\ ~~ ~<",,>- Map prepared March 27.2002 ThiII"'CIhMbMnlDT"f'lodw,....~-.d........~...,. N _ ~.øartIlM~ .......poooido .........."....,.....- WonnIIIo:'I..........ßI1~h__.~~-...-. '- ~ ~"'.Ä. ~~1,.' :;;~h·~ A.l- uti~i II !lU~ "'~'..... 'To "".~J"".." ¡ N'''',. .. ..' , ~f\ !nU . " ,"¥ .','~,,~,~_'\ K\ /...U. . L.J " ",.,,,,,'1í'\}!'!1 i-;.;: - ~. i ~:J .. ~ AGENDA ITEM 5: INDRIO VENTURES. LLC . FILE NO. RZ-02-006: Hank Flores, presenting Staff comments, stated that Agenda Item # 5 was the appÌication of Indrio Ventures, LLC for a Change in Zoning from the AG-l (Agricultural - 1 duJacre) Zoning District to the CG (Commercial, General) Zoning District for 3.06 acres of property located at the Northeast corner of the intersection of Indrio Road and Koblegard Road. The stated purpose for the rezoning is to develop the property into a retail store with gas pumps as an accessory use, The surrounding zoning is AG-I (Agricultural- 1 duJcare) to the north, south, east, and west as well. Staff notes that the parcel size of 3 acres is larger than needed for a convenience store with gas pumps. Approval of this petition would provide for approximately 2 acres of additional commercial general zoning, 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 COIllIIÙssioners with a recommendation of approval. Mr. Grande asked Staff if there has been any plan submitted with regards to the convenience store. Mr. Kelly stated nothing has been submitted as of yet. Mr. Lounds questioned why section H under the AG-l zoning couldn't be used for the convenience store instead of changing to Commercial. Mr. Kelly stated that those are conditional uses under the zoning and not permitted uses so either way they would be before the Commission for a hearing. Chairman Matthes questioned if the petitioner was present. Mr. Joe Friscia stated that he was the agent for the applicant and he would be happy to answer any questions. Chairman Matthes opened the Public Hearing. Chainnan Matthes stated that there was a letter submitted by Mr. Saul Klinow in regards to the petition. Mr. Klinow came up and stated he was President of the Winton Farms Corporation and that his property is directly adjacent to the subject property. He also stated that they have no objection to the zoning change but wanted to point out that Koblegard Road is a thirty-foot wide dirt road which is located to the west of the section line. He continued that he understood that the width requirement of an improved County road is sixty-feet. He stated that he believed it was normal practice to center such a road where they run between property lines on or along a section line. Therefore, he requested that the County take into account the extra thirty-feet should come off of the east side of the section line. Chairman Matthes stated that this is a rezoning hearing but that his comments could be taken under advisement by the staff. Mr. Kelly stated that they have reviewed that information and in the future it may become a larger than sixty-foot right-of- way with connections into Indian River County. He continued that if it is larger than sixty-feet it may require some right-of-way off of both sides of the road but that is a future discussion. Chairman Matthes closed the Public Hearing. Mr. Hearn asked Staff why gas pumps are considered an accessory use in the CG (Commercial, General) Zoning District because he believed they were a permitted use. Mr. Kelly stated that gasoline stations are permitted uses but when the convenience store is added, the gas pumps become an accessory use because the food sale is considered the primary use. P & Z Meeting April 18, 2002 Page 9 '- .,J,., smHECT 10 " . n. r,~"'p~~(\ ~- p. ",","\ '1',·'1 Q< :~::;~ ~:: ~ - :,~ "¡:~";; 3 Mr. Jones stated that after considering the testimony presented during the Pu~6è"ìlê'ã~óg: 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 Indrio Ventures, LLC, for a Change in Zoning from the AG- 1 (Agricultural - 1 do/acre) Zoning District to the CG (Commercial, General) Zoning District because it meets with the Future Land Use, no one had any objections, and I believe it would be an appropriate property use. - . '7 f'),\l¡t.I I' t"~.).d-.\Ha , ~"'~·"'I!\\. ; ': ~.- ~\._: t, H Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed with a vote of 6-1 (with Mr. Lounds voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 10 ~: ~ul KJlOOW 10: U1alfmdn ~n MðtIne5 § On ~ o ~ o U ~ ~ ~ 8 .8 ~ Udœ; .., J.~//.IJU/. lime: .&.u;£,;".,. "" r-dIje J. 01 .L '- '-' Fax Cover Thi$ meuoge is Intended lor ""'..... of "'" indivtdwl or en1f1¡< '" whom Ill, _ m may conuín inlonnation _ I, privile&ed. <onlidential wJ/or exempl from diKl........ under oppIiabIe law. Ir the re...... of thI. m=o¡e i. nol the intended recipien~ or the employee or -cenc responsible for ddiverinc the mes:sace to the intended recipìent. you re f\ereby notified that any dissemination, dîsuibulion or copying of this convnunicallon is strictly prohibited. If you have received rhis comlNM'\ication in error, please notiry UI immediare:ly by tf!t~phone and return the orizinal mesl3.ge to UI. :u the address below via the US Postal Service.. Thank you. To Fax No. From 5t. Lucie County Planning And Zoning Commission. An.: Stef Matthes. Chairman 561-462-1581 Saul Kllnow DatelTlme Saturday. April 13. 2002 at 9;54:59 AM SUbJect Pages File Number RZ-02-006 I. including this one This communication Is for the record with respect to the nMeW of Indrio Ventures, LLC petition for- a zoning change at the northta$t comer of Indrio Rd. and Koblegard Rd to be heard on Apnl 18. or soon thereafter. Winton Farms is the landowner directly adjKent to the subject property. which is located on the northwest comer of Indrio Rd and KobIeganI Rd. We "- no objection to the zoning change requested but would IIIæ to caI your attention to the circummnce of the location and wIdttI of Koblegud Rd as it exists. KobIeganl ReI Is currently a thirty foot wide dirt rwd. the entire width of which lies to the west of the sectioa line. It Is our understanding that the minimum width requirement of Im~ County roads Is sixty feet. Furthermore, we understand that it Is normal practice to center such impl'O'led roads. where they run between property lines on or along a Section line, on the Section line. Therefore. we request in the event you ilpproveJ:he requested zoning changed. that you do so subject to the relocation of the centerline of Kobleg¡ard Road to the north to south Section line. 194'12 Id..d eo." DRY. Boc. R..a.. FL JJ4.34- T do 561/4-83-6585 FAX.. 561/4-51,0969 '-' ""'" AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDA Y, May 21, 2002 7:00 P.M. INDRlO VENTURES LLC, has petitioned St. Lucie County for a Change in Zoning from the AG-I (Agricultural - 1 dulacre) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: Northeast corner of Indrio Road and Koblegard 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.. 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 mijacent property owners May 11, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on May 11, 2002. File No. RZ-02-006 \..., ....." BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR May 11,2002 In accordance with the S1. Lucie County Land Development Code, you are hereby advised that INDRIO VENTURES, ac., has petitioned St. Lucie County for a Change in Zoning from the AG-I (Agricultural _ I du/acre) Zoning District to the CG (Commercial, General) Zoning District for the following described property: Location: Northeast corner of Indrio Road and Koblegard Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second publù: hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on May 21, 2002, CoUJúy Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Vrrginúl 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 Board of County Commissioners 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 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~ertain. 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 561/462-1582 if you have any questions, and refer to: File Number RZ-02-006. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~!J:::..dJ/ ~ JOHN D, DRUHN, D;srr;ct No, 1 . DOUG COWARD. D;stricr No.2' PAULA A. LEWIS, D;str;cr No,:> . FRANNIE HUTCHINSON, D;srr;CI No, 4 . CUFF DARNES, D;5tt;Cf NO.5 Counry AdminÎsrroror . Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 . Plonning: (561) 462-2822 . GISffechnical Services: (561) 462-1553 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 - - - . -- <0,'-' No,~~~=':"'N. . Ifl O1I...~Co<te·aM. ~.WffhSocrõo..'I.oo.oJoI"·St.ludt' "-~ .........,.......lIot..Ió-::-1:7...~··...'s..,.....~~""'" . ofCOhnk~~~:.~;'.:~_'~~~:~~;~ ','. ,:," I. IN.DRIO VEN'nJtf S. UC, ok;¡ :r-...-....._. :":', ":"".;""'I':"-''''~'r,:",.':';,:·-'.:~¡-;'':,~ du/aaeJ lonlqg()¡~toIt\eCGa,...,,:~_1n lonh¡i Ito.... AG-I ~~" . dI)K"~~ ,~Ia(.~l~ngOi~b""f ,," rilE WfS' 400 fEET OF THE . ; Of <;[0. 16. TWN JoIS It SOUTH 541.96 f[£rOf THEM"'! '¡¡OF THE NW, (IAL ~[C().,·DS BOOK ]j) ;:~El(SS I-'~ J¡IGHr·Of.WAY AS DESt!lIe[O IN Of:I" i\NO, ¡r"S, IND~JO ~O"'D' ANO ¿J09, PUB{IC RfCOlms or ST, tUClE CO fLORID~ ill IN.: IN q lIICI! COUNTr, ftO",~~"'l RIGIH.OfW",( SAID '''NO lyiNG ""NO N"..'I",(".{(),,,.,., 01 In,j,,;o 1l{)()rI,,,..f~"I.I...r]'''dll<>..,! . '" ·\>'1' I "" ", I'" t: (I!,: ~:, '~ " >" I ~ I .. " ^. I \ t ,1 ~ "I I.' ,d.. J "I" r II,,, ,I" cll:JI";Y'¡ 'II 1", . ]",.1 '" I l\'lf ¡' .;0 ¡.\S; '~1:1CI.L'Jlr'~<IJIYJt'¡C;I"St(.lr')NI6 r()WN)111I'J6S0lJrl~ ~ANG{ [)lSt,'¡:IBl'I)ÀSf~)I~~/:W~O(!Nf1'. ftO~()A ANi; H[ING M()~l f'A~rICtJtAltlY CO'AMtN(L AI rHE SOUfH{A.rr :: AlONG rHr;, fAsr UN( or SF~f~OItNH Of SAID SfCllON I"'; !liENeE NORrH : PUINi OF BEGINNING Of THE FOtI~~~N8 g;~~~~~~ ~:ig(,~ os flU 10 IHE lH(N( r ') 89'0'00· VII A OISr."NCE Of 641 Of 62 II! IlEf "¡(NCf '> ':,)02600. I) FEEf IHENCI: sOlJrl~ II Dlsr...NCE 10 rt<~ .....rAN HIGH '-'ATH" UN{ ,W A r!¡SlAN(( Of 190 fHr MORE Olt lESS I U Y A.LONG SAID MEAN HI( H w?r(~I:( .>/ IIJCI( RIVER TI-j(NU NOIITHWESf [ ~w I) r[[ NOll/ii OF A"IDIMf^SU~{O IN fa rHe INTERSECTION WITH" UNE ' T't( SOurH llNf Of Illf NOl.'lIfEASI )~I .IItGHI ANGLES. AND "AIIAlllL WITH IH["«t lASrll.'LY ALONG lAsrLY S ( E QUARHIt Of THE SAID SKIION 16 . 01.' lESS IU ¡¡IE INrU'SferION W~:~ LINE A OI51AN(f or 1106 fEET MORE " fHENCE SOUl¡ AlONG SAID fAS' I i rHI SAID EAST liNt Of SECTION 16 Fftl TO nE ¡'OINT OF BEGINNI~ N( 0: SFClJON J.6. A DISTANCE Of ~60 75 .E IIIGIII OF WAY G l~~~ THE [AST 2300 FfEI FOR ROAO lOcat,an we>t sid. 01 or""'"de< A· .' "Cf1U~. op~'''~'mmeli200 I=f north of ElYle ('(d~ J. Alf:S SPIRITS AND WINES INC f C .. . - .10<\0 m the CG ICo",""ercioi. Ge--,:~~a Z:~rhon~r ~I$ f'e..-.", 10 0110...." reto,l liquor propel1)t: . . 1\9 O.i/rrct lor the followiny described PARcEll, ~,~~~.~':-_~.~~~ ~eSCtlBEO ANI) SHOWN AS "AJ("'I.~ ., no... TJ..U: ...~......~ ....J , '.'" ".,~."'.-' - - 5.: STEVE SIUATO; fÕ~ .~ W~j~~' ff~rri·:S'ed¡~~· 7.1 oj 1 {Á)'·of thaS,. [~e Cou~ty l~~d OeveJopm.ent Code 10 allow for the sale of alconolic beverages os an ao::essory use to 0 restauront, within 1,200 feet of 0 religious facility, >;<:hool. public pork., or public ploy~ ground in the CG (Commercial. Gen.erall Zoning District for the fol!öwing described property BEGIN AT THE SOtJTHtAST CORNER OF THENORTHEA$T 1/4 OF THE NORTHWEST 1,/4 OF SECnON n fQWNS!111' 36 SOUTH RANGF 40 FAST, ST I \JOE í()UNTY rtOI.:;!)¡"; [,'UN SOUTíl 7;' B'OO" FAST 71() FEE TO THf: NORTH LINE 0;: RI-Q MAR DRIVI:. IHENCE RUN ~OJTH 6)"/2'UU" \Nl~¡ ALONG RIO MAR [),!V;:, JU !l:~I. IHENCE RUN NORTH 27"38'00" WEST 225.83 FEET, TlI[NC[ RUN NORTH 89"49'0.0" Wr:ST 5557:/ HEr TO nl[ SOUTHWEST CORNER OF THE HEREIN DESCRIßED PARCEl, SAID SOUTHWEST CORNER BEING LOCATED NORTH 89"49'OO~ WF.5T Of AND 589.64 TCET DISTANT FROM THE POINT OF BEGINNING· THENCE fROM SAID SOUTHWEST CORNER RUN NORTH"OOo07'OO~ EAST BOO FEEr: THFNCE RUN SOUTH 89:'l9'Oo." EA$T 400 FEET; THENCE RUN SOUTH 00."'0.7'0.0" WEST 150 HEr; TH[NCE ;(UN SOUTH ß9"49'OO~ EAST 164.36 FEET TO Ti IE WEST- ERLY RIGHT-Of-WAY OF U S 1; THENCE RUN SOUTHEASTERLY ALONG SAID RIGHT.üF-WAY BEING A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 1952.08 FCéT. ..\ND AN ARC DISTANCE Of 31062 FEET, THE CHORD i FOR SAID CURVE BEARS SOUl H 12°00..05" EAST SAID CHORD BtlNG 310.29 fEET; I THENCE RUN NORTH 89"49'0.0" WEST ]0101 FEET. THENCE RUN SOUTH 00°07'00" vI/EST 22994 FEcI, H--!:~CE RUN SOUTH 27"]8'00" EAST 132.02 FEET TO THE POINT Of BEGINNING ;0::': 435·1159) TOGETHt~ wITt! THE ;¿IGHTS OF INGRESS AND EGi:1ESS AS SFT FORTH IN Q,R BOOK ]12, PAGE 162i ,\ND O. ¡¿. BOOK 312, PAG~ 1611. ST LUCIE COUNT'( RECORDS. Location: 7123 South U.S. Highway 1. PUBLIC HEARINGS will be held in Commission Chambers. Roger Poitra>; Annex, 3rd ;'IO'VV" Ç, IIIr'''' rnUlitv Administration Buildina, 2300 Virginia Avenue, Fort Pierce, Florida '-' ...,.¡ Planning and Zoning Commission Review: 04/18/02 File Number RZ-02-006 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: Planning and Zoning Commission Planning Manager rßl/ April 11, 2002 TO: DATE: SUBJECT: Application of Indrio Ventures, LLC for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District. (File No.: RZ-02-006) LOCATION: Northwest comer of the intersection of Indrio Road and Koblegard Road. EXISTING ZONING: PROPOSED ZONING: AG-1 (Agricultural- 1 du/acre) CG (Commercial, General) FUTURE LAND USE: PARCEL SIZE: PROPOSED USE: PERMITTED USES: MXD - Indrio Road 3.06 acres. Retail Store with gas pumps as an accessory use Attachment "AN - Section 3.01.03(8) CG (Commercial, General) - 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: AG-1 (Agricultural - 1 du/care) to the north, south, east, and west. SURROUNDING LAND USES: The general existing use surrounding the property is citrus groves and some residential. '-' """'" April 11,2002 Page 3 Subject: Indrio Ventures, LLC File No.: RZ-02-006 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 the St. Lucie County Comprehensive Plan. The request is compatible with the MXD - Indrio Road Future Land Use classification, which allows commercial general zoning in the area of proposed development. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning may be consistent with proposed land uses in the area. At this time no other commercial uses are present in the area. 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. 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 amendment 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; \w ....., April 11, 2002 Page 4 Subject: Indrio Ventures, LLC File No.: RZ-02-006 The subject property is located within the urban service boundary as described in the Comprehensive Plan. The proposed change in zoning does not result in an orderly or logical pattern in the short term. The proposal is. however, consistent with the long term plans for the area. 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 is not in conflict with the public interest and is in harmony with the purpose and intent of the 8t. Lucie County Land Development Code. COMMENTS The petitioner, Indrio Ventures, LLC, has requested this change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the CG (Commercial, General) Zoning District on property located at the northwest comer of the intersection of Indrio Road and Koblegard Road. The stated purpose for the rezoning is to develop the property into a retail store with gas pumps as an accessory use. Staff notes that the parcel size of 3 acres is larger than needed for a conVenience store with gas pumps. Approval of this petition would also provide for approximately 2 acres of additional commercial general zoning. Attached is a copy of Section 3.01.03(8) - CG (Commercial, General), of the 8t. Lucie County Land Development Code, which delineates the permitted, accessory, and conditional uses allowed in these zoning districts. If a change in zoning is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist 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 determined that it conforms to the standards of review as set forth in Section 11.06.03 of the 81. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the 81. Lucie County Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. \w ....,¡ April 11 , 2002 Page 5 Subject: Indrio Ventures, LLC File No.: RZ-02-006 If you have any questions on this matter, please contact this office. Attachment hf cc: County Administrator County Attorney Indrio Ventures, LLC Joe Friscia, P.E. File \.., ..." Section 3.01.03 Zoning District Use Regulations 3.01.03 ZONING DISTRICTS A. AG-1 AGRICULTURAL - 1 1. Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(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. Agricultural production - crops (01) b. Agricultural production - livestock & animal specialties (02) c. Agricultural services (07) d. Famßy day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1.000) feet of another existing such family residential home and provided that the spons9ring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting & trapping (091 g. Forestry (08) h. Kennels. (0752) i. Research Facilities, Noncommercial (8733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements ." " Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Agricultural labor housing. (999) Adopted August 1. 1990 94 Revised Through 08/01/00 '-' ....., Section 3.01.03 Zoning District Use Regulations b, Aircr2,¡ storage and equipment maintenance. ('581) c. Airports and flying, landing, and takeoff fields. ('S61) d . Family residential homes located within a radius of one thousand (1 ,000) feet of another such family residential home. (6991 e. Farm products warehousing and storage. (42211'222) f. Gasoline service stations. (55411 g. Industrial wastewater disposal. (999) h. Manufacturing: (1) Agricultural chemicals (261) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (241 í. Mining and quarrying of nonmetalic minerals, except fuels. (I') j, Retail trade: . (1) Farm equipment and related accessories. (999) (2) Apparel & accessory stores. (561 k. Sewage disposal subject to the requirements of Section 7.10.13. (9991 I. Telecommunication Towers - subject to the standards of Section 7.10.23 (999) m. Camps - sporting and recreational. (7032) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. b. c. Mobile homes subject to the requirements of Section 7.10.05. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. Guest house subject to the requirements of Section 7_10.04. (999) ( .' , Adopted August 1, 1990 95 Re~edThrou§hO~1roo S. 1 . Purpose '- ...., Section 3.01.03 Zoning District Use Regulations CG COMMERCIAL, GENERAL The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise. 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 e. f. g. h. i. j. k. I. m. n. o. p. q. r. s. 1. u: v_ w. x. y. z. aa. bb. ce. dd. . ee. ff. gg. a. b. c. d. Adjustment/collection & credit reporting services (732) Advertising (731) Amphitheaters (999) Amusements & recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors (19) Apparel & accessory stores 1561 Automobile dealers (55) Automotive rental, repairs & serv. (except body repairs) (751.753.754) Beauty and barber services (rnI724) Building materials, hardware and garden supply (52) Cleaning services 7349) Commercial printing (999) Communications - except towers (~ Computer programming. data processing & other computer servo (737) Contract construction servo (office & interior storage only) (15116117) Cultural activities and nature exhibitions (999) Duplicating, mailing, commercial arVphoto. & stenog. servo (733) Eating places (561) . Educational services - except public schools (82 Engineering, accounting. research, management & related services (87) Equipment rental and leasing services (735) Executive, legislative, and Judicial functions (91192193194195196197) Farm labor and management services (1176) Financial, insurance, and real estate (6OI6111!2.'63164165i7) Food stores (54) Funeral and crematory services (726) Gasoline service stations (5541) General merchandise stores (53) Health services (80) Home fumiture and fumlshings (511 Landscape & horticultural services (078) Laundry, cleaning and garment services (721) Membership organizations - except for religious organizations as provided in Section 8.02.01 (H) of this code (86) Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) ~ ,- Adopted August 1. 1990 118 Revised Through 08101/00 hh. ii. jj. kk. II. mm. nn. 00. pp. qq. rr. ss. tt. uu. w. ww. XX. '- ....¡ Section 3.01.03 Zoning District Use Regulations (2) Used merchandise stores (593) (3) Sporting goods (5941) ( 4) Book & stationary (5942/5943) (5) Jewelry (5944) (6) Hobby, toy and games (5945) (7) Camera & photographic supplies {5946~ (8) Gifts, novelty and souvenir (5947) (9) Luggage & leather goods (5948) (10) Fabric and mill products (5949) (11) Catalog, mail order and direct selling (596115963) (12) Liquified petroleum gas (propane) (5984) (13) Florists (5992) (14) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (5999) Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (7291) (2) Misc. retail (See SIC Code for specific uses) (7299) Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services (7381) (2) Security system services (1382) (3) News syndicate (7383) (4) Photofinishing laboratories (7384) (5) Business services - misc. (7389 Mobile home dealers (527) Mobile food vendors (eating places, fruits & vegetables-retail) (l1li9) Motion pictures (78) Motor vehicle parking -commercial parking & vehicle storage. (752) Museums, galleries and gardens (84) Personnel supply services (736) Photo finishing services (7384) Photographic services (122) Postal services (<13) Recreation facilities (999) Repair services (761 Retail trade-indoor display and sales only, except as provided in Section 7.00.00. (999) Social services: (1) Individual & family social services (832J839) (2) Child care services (835) (3) Job training and vocational rehabilitation services (833) Travel agencies (4724) Veterinary services (074) 3, Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. Adopted August 1, 1990 119 Revised Through 06101/00 f!J (' {~ \ ¡<- t:. ^ " c (( .. "- -.J ?- 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. (5813) c. Disinfecting & pest control services. (1342 d. Amusement parks. (7996) e. Go-cart tracks. (7999' f. Hotels & motels. (701) g. Household goods warehousing and storage-mini-warehouses (999) h. Marina - recreational boats only. (4493) i. Motor vehicle repair services - body repair. (153) j. Sporting and recreational camps. (7032) k. Retail trade: (1 ) Liquor stores. (592) k. Stadiums, arenas, and race tracks. (794) 1. 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 dweUing unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on-site security purposes). c. Retail trade: (1) Undistilled alcoholic beverages (accessory to retail sale of food). : Adopted August 1, 1990 120 Revised Through 08/01100 " ii Ii I' ,I il Ii Ii II , r ,- -::O'f_O:'" -;_"-'-.:·""",",:C,..-.C 'WI N ..,. Q ~" rr~ ..... r- ..... 00 N 0 Q V) V')r""--I,O\O\O V) 00 '" 0 0 r- ..... -\0("')00 - ." ..,. ~ 00 '" ~ 'Q V) 0 1.("}\f)V) V) 'T - .... 0 .... - ..... ~-d-~~Š .¡. 8 oJ> .¡. .¡. ~ 00 '" .... V) 00 ..... ..,. '" ." ._ _0\ 0\ "tfO\O\O ..,. ..,. 0\ 0 0\ <") N ..,. N ('I").q-voooo .... .... ..,. 00 ..,. __ ~r"ì MMMOOOO .... ..... ..... ..... ":>. 'I ' , , ' ~I I I I , . 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N - N ........ .... §~ 'D ~~~ - ..... ~~~ ~~ - i ~ \w "'" Agenda Request Item Number Date: 50 OS/21/02 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development SUBJECT: Consider Draft Resolution 02-045 granting a Conditional Use Permit to allow a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning for property located at 10875 South Ocean Drive (Galleria Center), BACKGROUND: Alfs Spirits and Wine, Inc. has requested a conditional use permit to allow a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning District for property located at 10875 South Ocean Drive (Galleria Center). (File No: CU-02-003) FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the April 18. 2002, public hearing on this matter. the St. Lucie County Planning and Zoning Commission. by a vote of 8 to 0, with one member (Mr. McCurdy) absent. recommended approval of the requested conditional use permit. RECOMMENDATION: Staff recommends approval of Draft Resolution 02-045. r-X-. COMMISSION ACTION: LJ APPROVED 0 DENIED D OTHER 5-0 CONCURRENCE: t/Z.r ~ Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordinationl Signatures Mgt. & Budget: Other: Purchasing: Other: '-' '-..I !", ~ i~ Commission Review: May 21,2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 15, 2002 SUBJECT: Application of Airs Spirits and Wine, Inc. for a Conditional Use Permit to allow the operation of a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning District. (File No.: CU-02-003) LOCATION: 10875 South Ocean Drive. (Galleria Center) ZONING DISTRICT: CG (Commercial, General) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: N/A PROPOSED USE: Retail Liquor Store SURROUNDING ZONING: CG to the south and east. HIRD (Hutchinson Island Residential District) to the west, northeast, and southeast. SURROUNDING LAND USES: The general existing use surrounding the property is some commercial and residential. The Future Land Use Classification of the immediate surrounding area is COM (Commercial) to the south and east. RU (Residential Urban) to the west. RM (residential medium) to the southeast and northeast.. FIRE/EMS PROTECTION: Station #8 (7583 South SR A-1-A), is located approximately 3 miles to the north. UTILITY SERVICE: St. Lucie County Utilities provides sewer service and the Ft. Pierce Utilities Authority (FPUA) provides water. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South SR A-1-A is 100 feet. ~ ....., , I A1 :" May 15, 2002 Page 2 Subject: Airs Spirits and Wine, Inc. File No.: CU-02-003 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 the proposed conditional use, 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 is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(S)(7), CG (Commercial, General) Zoning District, allows the retail sale of liquor as a conditional use subject to 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 proposed store is located in a shopping plaza with other commercial uses. A restaurant (Rotties) serving alcohol is located to the east. The subject site was previously the location of a retail liquor store that went out of business. , ", 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. Access to the property is provided through South SR A-1-Ä. 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 site is located in an existing shopping plaza. \w ...",¡ 'I May 15, 2002 Page 3 Subject: Alfs Spirits and Wine, Inc. File No.: CU-02-003 COMMENTS The applicant, Alf's Spirits and Wine, Inc., has applied for the requested conditional use in order to operate a retail liquor store selling distilled and un-distilled alcohol in the CG (Commercial, General) Zoning District. Retail liquor stores are allowed as conditional uses in this zoning district subject to the approval of the Board of County Commissioners. The subject site was previously the location of a retail liquor store that went out of business. At the April 18, 2002, meeting of the Planning and Zoning Commission, by a vote of 8 to 0, with one member (Mr. McCurdy) absent, the Planning and Zoning Commission recommended approval of the conditional use permit. Staff has reviewed this petition and determined that it conforms to 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 the Board approve the petition for a conditional use permit to allow the operation of a retail liquor store in the CG (Commercial, General) Zoning District, subject to the following condition: Only the retail sale of liquor (distilled and un-distilled) shall be permitted. Attached is a copy of Draft Resolution 02-045, which, if approved, would grant a a conditional use permit to allow the operation of a retail liquor store in the CG (Commercial, General) Zoning District. " If you have any questions, please let me know. SUBMITTED: Attachment hf cc: Alfs Spirits and Wine, Inc. County Administrator County Attorney File 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 '-' """ I ! RESOLUTION 02-045 FILE NO.: CU-02-003 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF A RETAIL LIQUOR (DISTILLED AND UN-DISTILLED) STORE IN THE CG (COMMERCIAL, GENERAL) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Airs Spirits and Wine. Inc.. presented a petition for a conditional use permit to allow the operation of a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning District for the property described below. 2. On April 18, 2002, 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 a conditional use permit to allow the operation of a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning District for the property described in Part A below. 3. On May 21, 2002, 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 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 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. 7. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on May 21 , 2002. File No.: CU-02-003 May 21,2002 Resolution 02-045 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 \w ...,.¡ I 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 Alfs Spirits and Wine, Inc. to allow the operation of a retail liquor (distilled and un-distilled) store in the CG (Commercial, General) Zoning District is granted for the property described below, subject to the following condition: Only the retail sale of liquor (distilled and un-distilled) shall be permitted. B. The property on which this Conditional Use is being granted is described as follows: PARCEL 1: ALL OF THAT AREA DESCRIBED AND SHOWN AS PARCEL NO.2 ON THE PLAT OF WINDMILL VILLAGE BY THE SEA. A REPLAT OF UNITS 1 AND 1-A, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 16, PAGE 6, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 2: FOR A POINT OF BEGINNING, COMMENCE AT THE NORTHEAST CORNER OF WINDMILL VILLAGE BY THE SEA, UNIT TWO, AS RECORDED IN PLAT BOOK 16, PAGE 31, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE, RUN SOUTH 89°56'22" WEST ALONG THE NORTH LINE OF SAID PLAT, A DISTANCE OF 27.84 FEET; THENCE, RUN SOUTH 00°03'38" EAST, PARALLEL WITH THE EAST LINE OF SAID PLAT, A DISTANCE OF 111.82 FEET; THENCE, RUN NORTH 89°56'22" EAST, A DISTANCE OF 247.09 FEET TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1.A AS NOW LAID OUT AND IN USE; THENCE, RUN NORTH 23°49'31" WEST ALONG SAID RIGHT ..oF-WAY, A DISTANCE OF 122.21 FEET; THENCE, RUN SOUTH 89°56'22" WEST ALONG A LINE THAT IS AN EASTERLY PROJECTION OF THE NORTH LINE OF SAID WINDMILL VILLAGE BY THE SEA, UNIT TWO, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. (Tax ID#: 4511-809-0003-000/5) i ~ ~~ (Location: 10875 South Ocean Drive (Galleria Shopping Center» C. This Conditional Use Permit approval shall expire on May 21, 2003, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(B)(3), S1. Lucie County Land Development Code. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Alfs Spirits and Wine, Inc, including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part A. File No.: GU-02-003 May 21,2002 Resolution 02-045 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 '-' ...",,¡ ~ i¡_ " E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. 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: Chairman Doug Coward xxx Vice-Chairman Cliff Barnes xxx Commissioner Frannie Hutchinson xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx PASSED AND DULY ADOPTED This 21 sl Day of May 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WORD\Petitions\BCC\Finished.02\Alfs.CU\AlfsRES.doc File No.: CU-02-003 May 21 , 2002 Resolution 02-045 Page 3 . o Cl)C +-' ~ CI) 0..0) (f) .C Cl)S '+- «"'0 C C'IJ ....... ....J - \r Z ~ .( C'f) o o I 0J o ,j ~.,rt '.~ë ~ '~;& \{ ~ . ci .. g .. .,; " t o . ::J o t ~ '" ~ · · Ë .. .. · '" " o Ï ~ . o o \ t , ... .. ... .. .. II: .. ~ II: Z :J 0 ~ Ü Z :J 0 mOtl ]HI' :DjYH Ü II: LlJ I > J æ ... ~ Z . ... III :¡ ~ I III II: ~OI Q1H .... MOl......) « ~ II: :2: 0 .... -. ~ ... .. .. II: ~ ... ~ 6 .. .. s '" ! S $' ! AlNnO:J 3380H:J33>tO allow Atlantic Ocean \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \, o o " Q. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ---.. ........_--~---------"'\ \ ,________~~~;-.---------------------J \/ ; ( \) /', .I \ /.... ; I ,/ . I I . , \ I . , \ l J ----.. \ \ \ \ \ \ \ \ \ cu 02-003 5iF.;t~ ~~ ~.S\ -=--=.--- "tJ~-õV. Map prepared March 26. 2002 i ~ ¡ N ~ This pattern indicates subject parcel lhII rnIp hili bMn ~ kY genenlp.ri'Ig end ~ pupoMI onty. M1h ~ wIbt "- been IMde to pnMdI ... molt CUNnI am aocLnM Worm.IIon ØQI8bIe, II. nallrUndId for w. .. . r.g.Iy bn:Ing ~ \w Alt's Spirits and Wines, 1r1t. \ ì \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I, Atlantic CG \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Ocean o o ~ Q. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ HIRD '\ \ - --", i --,..,----------.-------------------------) (--..ì \ I I { \.ì /', I , / , , I f , , I J i' f ' , \ I . , \ f ' .._---_../ HIRD u CU 02-003 r0m This pattern indicates subject parcel 5iTÁ~~~ GJ~ =--= Map prepared March 26, 2002 t j K TNI nwp NIl ~ eompIIIId Iorgenertllpltmng In! reIenInc8 JUPOItIIII Oriy. WHIe ....,. erbt hM bien INIdII Ia pnMI8 ,. !mil CU'I'ItI end IICO.nte .,Iormdan ....... t.. nallrY'1ded lot WI .. . ~ ~ dDa.JIne¢ ... Alf's Spirits and Land RM .......-.---. --- --.., 1 -.----------) ---~...._--------_.------------ (-~J \ / I { l} RU /.\ / , /~ ; f . i ./ , / I . , \ . . \ f ' "----" CU 02-003 ~ This pattern indicates subject parcel Wines, INt. .. \ \ \ \ \ \ \ \ \ ì i \ \ \ \ \ Atlantic \ \ \ \ \ \ \ \ \, COM Ocean \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ RM \ \ TM \ \ \ \ \ \ \ \ \ 5(rh~.~~ GJ~4 ~,="..-=. Map prepared March 26, 2002 i <'J ~ N 1IiI m8p hU been ~ IorgennlpIIrri-Q Ind ~ UpOIIOI only. ........ -.y MIon Ma been nwde to ptOo'Ideo hi molt anenllnd .:a.nu ~ poaIM,ItÌlnot~fDrUM".legdyblndng:~ Alf's S irits and Wines -'11' CU 02-003 ~h~~' q,~.. ~'<:v'= Map prepared March 26,2002 na mIP ha bIø1 ~ IcrQef18f'lll~ MId ~ p.MpOMI only. N 'N1IIe.-y effortt.t M«\""" to ~ fill mœtamrlllnClllOl::l.nle Ir'Iian'NIIon pouIb6e,tll notillMnded forJ.M8... ~bh;ing dcx:unIrt ~ This pattern indicates subject parcel ...... ..., 1\1 ^r~' :'''' E'i" ¡" "I..;I\."~< 'i¡.J.-..,.....,-...1.t&~~1 :J ~ AGENDA ITEM 9: ALF'S SPIRITS & WINES - FILE NO. CU-02-003: ."'~ ,- ',".~ .,"'" ,i) \ .. ,_', " p :>; r.~ !'\ n ~ FC""'1 r' ,",' "'-j " ,'I.- .- ~.' .. :~ '~ .~ r ~:.:: :~; ',: :,:'~ 1 t:\ ~_r~ ' :: :(~'..;:-. Hank Flores, presenting Staff comments, stated that Agenda Item # 9 was the applicatiorl¡oh\:lf¡;'~' ~ ' . Spirits and Wine, Inc. for a Conditional Use Permit to allow a retail liquor store in the CG (Commercial, General) Zoning District for property located at 10875 South Ocean Drive within the Galleria Shopping Center. The surrounding zoning is CG to the south and east and HIRD (Hutchinson Island Residential District) to the west, northeast, and southeast. Retail liquor stores are allowed as conditional uses in this zoning district subject to the approval of the Board of County Commissioners. The subject site was previously the location of a retail liquor store that went out of business. 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, subject to the following condition: Only the retail sale of liquor shall be permitted. Mr. Grande asked if this parcel is part of a mall with multiple stores. Mr. Flores stated that was correct. Mr. Grande asked if the Conditional Use Permit applied to a specific liquor store location or would it pertain to the entire parcel. Mr. Flores stated the permit would apply specifically to the store itself and not the entire shopping center. He continued that it would only apply to the individual bay where the retail store is located and that will be identified in the final resolution. Chairman Matthes asked if the petitioner was present. Ms. Anne Mastronardi stated she was the agent for Alfs Spirits and Wines and that her business office was located at 10873 South Ocean Drive in Jensen Beach. Chairman Matthes opened the Public Hearing. Seeing no one, Chainnan Matthes closed the Public Hearing. Mr. Grande 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, 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 Alf's Spirits and Wine, Inc., for a Conditional Use Permit to allow the operation of a retail liquor store in the CG (Commercial, General) Zoning District because it is consistent with the current surrounding uses. Motion seconded by Mr. Lounds. Upon a roll call vote the motion passed unanimously (with a vote of 8-0) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 14 ...... ....¡ AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, May 21,2002 7:00 P.M. ALF'S SPIRITS AND WINES, INC., has petitioned St. Lucie County for a Conditional Use Permit to allow a retail liquor store in the CG (Commercial, General) Zoning District for the following described property: Location: 10875 South Ocean Drive. (Galleria Shopping Center) 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 May 11, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on May 11, 2002. File No. CU-02-003 ~ ~ May 11,2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie Coullty Land Development Code, you are hereby advised that ALF'S SPIRITS AND WINES, INC. has petitioned St. Lucie County for a Conditional Use Permit to allow a retail liquor store in the CG (Commercial, General) Zoning District for the following described property: Location: 10875 Suuth Ocean Drive. (Galleria Shopping 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 May 2/, 2002, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered, Written comments to the Board of County Commissioners 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 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 disabilìty 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-02-003. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS ~~~/~ JOHN D. ßI1.UHN. DistriCT NO.1· DOUG COWAfJ.D. D¡.,rricr NO.2· PAULA A. LEWIS. Disrricr No_.) . FRANNIE HUTCHINSON. Disrrier No.4. CUFF ßAn.NES. Disrricr No, 5 Counry AdmirÙsrraror . Douglas M. Anderson 2300 Virginia Avenue . ~arr Pierce, FL J4982-5652 Admlnlsrrarian: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical SeNices: (561) 462-1553 Economic Developmenr: (561) 462-1550 . Fax: (561) 462-1581 Tourisr/Convenrion: (561)462-1529 . Fax: (561)462-2132 AI", II ))J! ;c~ M,t;, N~k~~;~:~~:dance 'I Oeve/oponoef-f~'OI'Id,"~ willlSectIOll1I'OOj)Jof....St.~ . h......'Ian,...............~...~<I,..·..._r..~!!'\'I oIeo...,¡,,-._....."'"'*'"" !'"':'~~I"!...~~~ , ~'.~~"(>} !-""I....?)'f.l"" ~ ~ IINDRIOVENTUIIES.UC.fWa - :'.:'-:·,}~:i·~-:,·~·,:~· du/acre Zoning DistrIcT to !he CG C~ In Zoning ftOlllIM AG-l ~_ del(;"bed ptop«fy omtI\CIfdoI. G__aI lOllIng Oillrid Ikw- the fl;t//a fHEW[Sr~OOfEnOFTI-I£S ; . Of SECT. 16, TWN 34$ R 390urH 547.96 rEn OF THE f"Sf 1/2 OF THE NW CIAL '[CORDS BOOI( 253 p^~tl~~~I-:~ RIGHT·OF.W....y AS OfStRI8EO IN O~{~ A~D L( SS INOIlIO ROAD" AND CANAL (/BlIC RECORDS OF ST. lUCIE CO FLmm I!HN,.I;J Sf WerT (DUN f\'. FlO~D^ tCHI-Of_W...·!'. SAID LAND lyiNG AND (-'("('-)" I':odlo.."" (0'''''" "f I",b,n Ro"d,,, d Kohrr:<<I''¡ ~oo.-l "" II", 1.11.1 ("'1,;,-,,1"",11. R~'¡d",,',ur .. I r <'"")I"I"",,lt 7 du/(>(,,,) L","';1I9 1"1'" I""pe.''f . ....~.: ~~Jr~;~,'\. <..11 lAND lYIIJ(, IN sr( rldN 16 ~ dAll {(¡¡JNr fOWNSHI"]6 SOUTH RANGE DESC~IB~'nIlSFOLl()WS ~. IL()I(IL',,- AND KliNG MORE f'AlmCtllARlY COMMENCf,AI fill 50UTHf ' ' ;; AlO,".G THE EASr liNE or S~~r[~~R~~t~ Of SAID SfClION 16; TMFNU NORTH ~ PO IN OF BEGINNING m IUf FOlto'.V~Ñ~ g~~~~~\~~ ~:R~:è;4,05 HET TO THE; rHE~CE S ~'>"'O'OO" W. II {)lsrANf:F or 41 OF 62!B hEr; IHl,"JCl S lY28'OO. 613 FEfT; TliENCE SOUTH A DISTANCE '? TH~ M£:'.N HI':;( \','AIEI( UNf o~i¡~ ~J5TA~CE Of !90 FEEl. M~E OR lESS -; I~IY ....'.O,,,¡G 5'\10 MEAN IIIGH WATE, UN} ~dE~IV(R; rHENCE NOIITHWEST ( 4601" 1 [ET NQIHH OFI\Nf) M[A I t r IHi INTfRSECTION WITH A LINE ! THE SC:!J!II lINr or Hf N::n:l1l:~~fO:T RIGHT AN'-Jl(S, AND PARAllEL WlTJi _I ~'ENC_~" EASTeRLY AICNC IASHY SAIOO'¡r~-OUARTfR OF rH( SAID SECTION 16; . GR_ Lb:., in HI:_ INTERSECTION W ' . E. A DISfANCE OF 1106 F(fT MORE ì THENCE SOtHt¡ AlONG SAID EAST u~~- ~~!( SAID EAST .lINE Of SECTlÓN 16 h fEr ~TO THE POINT Of BEGINNING LES/(CTlON ,1,.6. ^ DISfANCE Of 460.75 .¡;; R1G!-i,.QF.WAY 'TH~ (.AST.23.00 fEET FOR ~O"D locaLù" v,¡.,.,tsjJ.ofOleondc-rAVW> ,.' . U"', ul'~roxtm01eli 200 fe-eol oorth 01 Elyse Grcle J. ALF'S SPIRnS AND WINES INC, , , . .tote in loe CG (Comme.-Ôoí, G~~~~I ~Ondr1'O~OI ~5e Permil to allow 0 ""'oil liqVQ/' property: onmg "lr"j for the followi"9 described PAt>cEt I All Of'tHAf .-.REA DESG~16ED AND S '. WNDMl~VllLAGE BY THE Sf. HOWN AS PAI!CR NO.2 ON THE PlAT.QF THE PLAT T~EI!EOf, AS RECOfl~D~E:f;rOF UNITS I AND 1-.... ÃCCORDING TO ST. lUClE COUNlY. flORIDA. ,T 600K 16, PAGE 6, PUBlIC RECOI!DS of, ~::".:_':;'." PARCEL 2: FOR A POINf OF B~GlNNING C . ':" WINDMILL VIlLAGE èv THE Sf" u~~~~E'Ar n--u;, NOiTflEAST.cOÌ:NfR OF PAGE 31. Of-THE PU8t1C RECORDS Of ' I\S ~EC9fD£D'1N 'LAT lOOK H SOUTH 85'°S672" wt:ST AtONG_:THE'ÑbW:tJ~f&:lINT!;-FlORIO.... THENCE RUN 21.84 fEE1'; fHENCE RUN SÖUTH.Qooo3'JØ-'OO·.: :ttAJ. A. DISTANCE OF ~ ~~~~T& ~~~T~~~bT~2 fEET;TH~RUN,Not~a~~T::;TE Of·WAY lINE OF, STAn ROAD AlA A~~~ECTIOf'04 .WlTH-THfWES_TEliY_klGHT: NORTH 2J-49'J1- WEST AlONG S...ID·~lAIDOUTAN)NUSf;1H~E·~ fEET: THENCE IIUN SOUTH 89'"S6'2r WESIGHT.Qf-WAf, A DISTANCE OF._I~.2J PROJECTION Of fHE NOrTH UNE OF SA,ci ALONG'" LINE THAT-IS N>I fASTE~Y TWO, A ~STANCE OF ] 70_00 fEET TO THE p~~D~~~~~:THf S~ UN~~ S~~O lANDS -SITÙATE, lYING .AND 8BNG-;~ cST~ lugts~~!i' F(~FIOA.. '~i ::~:D:::;:~~:~im~,I~~·#~¡fJ~~};,~:. .' .'.:,; ¡"the(I"I~Q Z;.i~~~r=~;Z:~r;::~~~~~'(doy~faciIitYI WHITE CITY siD 03 36 ..0' ¿- -.... A:!,~-'.,";;.~: - AND,lESS I!D I!/W _ (2.66 ~gT ~~~~~~j~~~.~r:~J,W,·~~10 fT FO. R Qltmdi locolion, 364E~stM1dWQYI1~~"" ,-.-'... ',·.:..l-\":i:'A....,'-:~ . 'i. ....,¡ 5.' STEVE SIÜATO, f¿~ a~'W~'i~r fr~m ·SØdion· 7.10.1l[A(oftho Sf. Lucie Cou~ty L~nd Deveklpment Code 1o allow for the sale of okoholic be....erages as an accessory use to a restaurant, within 1,200 feet of a religious facility, school, public pork, or public playc ground in the CG (Commercial, General) Zoning Distrid fOf the following described rroperty: BEGIN AT THE SOUT!-EAST CORf'JER Of THCNORTHEAST 1/4 OF THE NORTHWEST 1/4 Of SECTION 22. TOWNSHIP 36 SOUTH, RANGE 40 EAS1, ST. LUCIE COUNTY, ¡-'LORií>A f~IjN SJUTli r 3r'~(J" L^5T 7.10 FEET TO THE NORTl1 LINE OF RIO MAR DRIVE THENCE RU0J S:J\JTH 6'2"22'00" WEST ALONG RIO MAR DRIVE 30 FeET THENCE RUN NORTH 27"38'00" WEST ?2S,S3 FEn, THENCE RUN NORTH B9"49'00" WEST Slsn fEU TO THf SOUIHWEST CORNER OF THE HEREIN DESCRIBED PARCEl, SAID SOUTHWEST CORNER BEING lOCATED NORTH 69049'00. WEST OF AND 589.64 FEET DISTANT rROM THE POINT Of BEGINNING; THENCE fROM SAID SOcTHWEST CORNER RUN NORTH 00°07'00" EAST 800 fEET THENCE RUN SOUTH 89"49'00" EAST 400 FEET, THENCE RUN SOUTH 00°07'00: WEST 150 FEET; THENCE RUN SOUTH 89"49'00" EAST 164.36 FEET TO THE WEST- ERLY RlGHT-or.WAY OF U 5 I, TlIENCE RUN SOUTHEASTERLY ALONG SAID RIGHT.OF-WAY BEING 1\ CURve CONCAV¡: TO THE NORTHEAST HAVING A RADIUS or 1952.08 Ft:ì, AND AN ARC OISTANCE Of 310.62 FEET. THE CHORD fOR S"D CURVE BFARS SOUTH 12°00'05" EAST SAID CHORD BEING 310.29 FEET; THENC!: RUN NORTH B9~49'OO" WEST ~ 0:.0 I FEET, THENCE RUN SOUTH OO"07'OQ" WEST 229.9.4 FEET, rH:NCE ¡{UN SOU1H 21"38'00" EAST 132.02 fEET TO THE POINT OF BEGINNING:OR 435-1159ì TOGETHER WITH THE ~IGHTS Of INGRESS AND EGReSS AS SET FORTH IN O,R BOOK 312, PAGE 16'2 ì AND Q. R. BOOK 312, PAGE 161" ST, LUCIE COUNTY RECORDS. location; 7123 South U.S. Highway 1 .. PUBLIC HEARINGS will be held in CommiSsion Chambers, RogCl Poitras Annex, 3rd Floor. St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida . on May ~1, 2002, beginn¡n~ at 7:00P.M. or os scon thereafter aspossible_ PURSUANT TO Section 286_0105, Florida Statutes, if a person decides tri-QPp~1 any decision made by 0 board, agency, or commission with respect to ony matter considered at a meeting or hearing, he will 'need a record, of the proceedings, ond that. for such purposes, he may need 10 ensure tnat 0 ....erbatim record of the prcceedif'!gs is mode. which record includes the test¡~ony cnd evidence upon which the appeal is to be based. BOARD QF'COMMISSIONERS ST. LUCIE COUNTY. flORIDA (Sf DaU\Cowo,d, CHAIRMAN Publish;:May 11.2002' 2424347 '-' ~, t ....¡ Planning and Zoning Commission Review: 04/18/02 File Number CU-02-003 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager ç¡V1v DATE: April 11, 2002 SUBJECT: Application of Alf's Spirits and Wine, Inc. for a Conditional Use Permit to allow a retail liquor store in the CG (Commercial, General) Zoning District. LOCATION: 10875 South Ocean Drive. (Galleria Center) ZONING DISTRICT: CG (Commercial, General) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: N/A PROPOSED USE: Retail Liquor Store SURROUNDING ZONING: CG to the south and east. HIRD (Hutchinson Island Residential District) to the west, northeast, and southeast. SURROUNDING LAND USES: The general existing use surrounding the property is some commercial and residential. The Future Land Use Classification of the immediate surrounding area is COM (Commercial) to the south and east. RU (Residential Urban) to the west. RM (residential medium) to the southeast and northeast.. FIRE/EMS PROTECTION: Station #8 (7583 South SR A-1-A), is located approximately 3 miles to the north. UTILITY SERVICE: St. Lucie County Utilities provides sewer service and the Ft. Pierce Utilities Authority (FPUA) provides water. \w ~- l ...,.¡ April 11, 2002 Page 2 Subject: Alfs Spirits and Wine, Inc. File No.: CU-02-003 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South SR A-1-A is 100 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 the proposed conditional use, 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 is not in conflict with any applicable portions of the St. Lucie County Land Development Code. Section 3.01.03(S)(7), CG (Commercial, General) Zoning District, allows the retail sale of liquor as a conditional use subject to 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 proposed store is located in a shopping plaza with other commercial uses. A restaurant (Rotties) serving alcohol is located to the east. The subject site was previously the location of a retail liquor store that went out of business. 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. Access to the property is provided through South SR A-1-A. '-' (" {. ..", April 11, 2002 Page 3 Subject: Alf's Spirits and Wine, Inc. File No.: CU-02-003 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 site is located in an existing shopping plaza. COMMENTS The applicant, Alf's Spirits and Wine, Inc., has applied for the requested conditional use in order to sell liquor in the CG (Commercial, General) Zoning District. Retail liquor stores are allowed as conditional uses in this zoning district subject to the approval of the Board of County Commissioners. The subject site was previously the location of a retail liquor store that went out of business. 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 SI. 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: Only the retail sale of liquor shall be permitted. Please contact this office if you have any questions on this matter. Attachment hf cc: County Administrator County Attorney Alfs Spirits and Wine, Inc. File I'è.C.'.. . (:~.; /( S '-" \. c;· ..",,¡ Section 3.01_03 Zoning District Use Regulations CG COMMERCIAL. GENERAL 1. Purpose TIle 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. b, c. d. e. f. g. ( h. i. ( j. k. I. m. n. o. p. q. f. S. t. u, v. w. x, y. z. aa. bb. cc. dd. ee. ff. gg. Adjustment/collection & credit reporting services (7321 Advertising (731) Amphitheaters (999) Amusements & recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors (79) Apparel & accessory stores (56) Automobile dealers (55) Automotive rental, repairs & servo (except body repairs) (751.753.754) Beauty and barber services (723/724) Building materials, hardware and garden supply (52) Cleaning services 7349) Commercia/printing (999) Communications - except towers (48) Computer programming, data processing & other computer servo (737) Contract construction servo (office & interior storage only) (15/16/17) Cultural activities and nature exhibitions (999) Duplicating, mailing, commercial art/photo. & stenog. servo (133) Eating places (581) Educational services - except public schools (82) Engineering, accounting, research, management & related services (87) Equipment rental and leasing services (735) Executive, legislative, and judicial functions (91/92193/94/95196191) Farm labor and management services (076) Financial, insurance, and real estate (6016'162163164165161) Food stores (54) Funeral and crematory services (726) Gasoline service stations (5541) General merchandise stores (53) Health services (80) Home furniture and furnishings (57) Landscape & horticultural services (078) Laundry, cleaning and gannent services (7211 Membership organizations - except for religious organizations as provided in Section 8.02.01 (H) of this code (86) Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores (591) ,< Ado~ted August 1. 1990 118 Revised Through 08101/00 jj. kk. If. mm. nn. 00. pp. qq. rr. ss. tt. uu. vv. WIN. XX. '-" ~. ~,;.-. ...., c Section 3.01.03 Zoning District Use Regulations ("" ( hh. (2) Used merchandise stores (593) (3) Sporting goods (5941) (4) Book & stationary 159"215943) (5) Jewelry 159441 (6) Hobby. toy and games (5945) (7) Camera & photographic supplies (5946) (8) Gifts, novelty and souvenir (5941) (9) Luggage & leather goods (5946) (10) Fabric and mill products (5949) (11) Catalog, mail order and direct selling (5961/5%3) (12) Liquified petroleum gas (propane) (5964) (13) Florists 15992) (14 ) Tobacco (5993) (15) News dealers/newsstands (5994) (16) Optical goods (5995) (17) Misc. retail (See SIC Code for specific uses) (5999) Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services (7291) (2) Misc. retail (See SIC Code for specific uses) (7299) Miscellaneous business services (see SIC Code Major Group 73): (1) Detective. guard and armored car services (7381) (2) Security system services (7382) (3) News syndicate (7363) (4) Photofinishing laboratories (7384) (5) Business services - misc. (7389) Mobile home dealers (527) Mobile food vendors (eating places, fruits & vegetables-retail) (999) Motion pictures (76) Motor vehicle parking - commercial parking & vehicle storage. (752) Museums, galleries and gardens (64) Personnel supply services (736) Photo finishing services (7364) Photographic. services (722) Postal services (43) Recreation facilities (999) Repair services (76) Retail trade-indoor display and sales only, except as provided in Section 7.00.00. (999) Social services: (1) Individual & family social services (8321839) (2) Child care services (635) (3) Job training and vocational rehabilitation services (833) Travel agencies (4724) Veterinary services (074) ( ( ii. .' 3. Lot Size Requirements < Lot size requirements shall be in accordance with Section 7.04.00. Adopted August 1. 1990 (i , 119 Revised Through 08101/00 D...·.. \':.;:: ((:: , .: 4. '-' c. 'twtII " Section 3.01.03 Zoning District Use Regulations Dimensional Regulations Dimensional requirements shall be in accordance with Section 704.00 5. Off-street Parking and Loading Requirements 6. Landscaping Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 7. Conditional Uses Landscaping requirements are subject to Section 7.09.00. a. b, c. d, e. f. g. h. ( i. , j. r k. k. I. Adult establishments subject to requirements of Sec. 7.10.10. (999) Drinking places (alcoholic beverages) - free-standing. (58131 Disinfecting & pest control services. (7342 Amusement parks. (7996) Go-cart tracks. (7999) Hotels & motels. (701) Household goods warehousing and storage-mini-warehouses (999) Marina - recreational boats only. (4493) Motor vehicle repair services - body repair. (753) Sporting and recreational camps. (7032) Retail trade: (1) Liquor stores. (592) Stadiums, arenas, and race tracks. (794) Telecommunication towers - subject to the standards of Section 7.10.23 (999) 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 fratemal 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) Undistilled alcoholic beverages (accessory to retail sale of food). Adopted August 1, 1990 ,- < 120 Revised Through 08101/00 '-' ..,,¡ .r~"l.í. ImJI. '.' , I ~~!,! i t:!.. , ; , ~'.~.' :'.1 : I'~ . :§¡ ! ..¡ <, ¡' ~ u u ~ " 51 < ~ ::; u ~ ~ ~ ~ N ~ ~ N,· ~.~ .......... ~~ ~ ~ ~:~ ~~ ~ r~ ~ . ¡i.t: ¡il~ ~,,¡iz " ;;¡ " ~ :i.'~';: ~.~.~;¡, ~o ,~ ~ ¡:¡ ~ j ~9.1¡ ~:~~~, ~'::J:;¡! 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[ ] [ ] [ ] [X] Quasi-JD [ X ] Board of County Commissioners Community Development Consider Draft Resolution 02-046 granting a Conditional Use Permit to allow Social Services (day care/pre-school facility) in the I (Institutional) Zoning District for property located at 823 East Midway Road. Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) has requested a conditional use permit for 2.68 acres of land located at 823 East Midway Road. The stated purpose for the conditional use permit is to establish social services (day care/pre-school facility) on the subject property, located within the Port SI. Lucie Church of Christ. (File No: CU- 02-004) N/A At the April 18, 2002, public hearing on this matter, the 5t. Lucie County Planning and Zoning Commission, by a vote of 7 to 1 (Mr. Merritt), with one member (Mr. McCurdy) absent, recommended approval of the requested conditional use permit. Staff recommends approval of Draft Resolution 02-045. rY, COMMISSION ACTION: ~ APPROVED D DENIED D OTHER 5-0 ~~ Douglas M. Anderson County Administrator County Attomey Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: '-r ...., ~~, ':' Commission Review: May 21,2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 15, 2002 SUBJECT: Application of Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) for a Conditional Use Permit to allow Social Services (day care and pre-school facility) in the I (Institutional) Zoning District. LOCATION: 384 East Midway Road. (Within the Port St. Lucie Church of Christ) ZONING DISTRICT: I (Institutional) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: 2.68 acres PROPOSED USE: Day Care and Pre-School Facility SURROUNDING ZONING: CG to the west and east. CO (Commercial, Office) to the south. RS-3 (Residential, Single-Family - 3 du/acre) to the north. SURROUNDING LAND USES: The general existing use surrounding the property is commercial and residential. The Future Land Use Classification of the immediate surrounding area is COM (Commercial) to the south, east, and west. RM (Residential Medium) is located to the north. FIRE/EMS PROTECTION: Station #6 (250 East Midway Road), is located approximately 0.5 mile to the east. UTILITY SERVICE: The subject property is served by a well and septic system. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for East Midway Road 66 feet. '-' ~ I V" May 15, 2002 Page 2 Subject: Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) File No.: CU-02-004 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 the proposed conditional use, 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 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 day care and pre-school facilities under social services as a conditional use subject to 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 proposed day care facility would be located within the existing church facilities. 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 proposed use is within the existing church facility. 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 site is located in an existing religious facility. COMMENTS The applicant, Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent), has applied for the requested conditional use in order to have a day care and pre-school facility in the Port St. Lucie Church of Christ building located on East Midway Road. Day care and pre- \w ...., May 15, 2002 Subject: Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) Page 3 File No.: CU-02-004 school facilities (social services) are allowed as conditional uses in this zoning district subject to the 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 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 At the April 18, 2002, meeting of the Planning and Zoning Commission, by a vote of 7 to 1 (Mr. Merritt), with one member (Mr. McCurdy) absent, the Planning and Zoning Commission recommended approval of the conditional use permit. Staff has reviewed this petition and determined that it conforms to 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 recommends that the Board approve the petition for a conditional use permit to allow Social Services (day care/pre-school facility) in the I (Institutional) Zoning District, subject to the following conditions: 1. The number of day care/pre-school children shall be limited to a maximum of 40. 2. The hours of operation for the child care and pre-school facility shall be from 6 A.M to 6 P.M., Monday through Friday. Attached is a copy of Draft Resolution 02-46, which, if approved, would grant a conditional use permit to allow Social Services (day care/pre-school facility) in the I (Institutional) Zoning District. If you have any questions, please let me know. SUBMITTED: hf cc: County Administrator County Attorney Linda Dimsey File '-' '-' 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 ~ .....1 ,~~ i,,' RESOLUTION 02-046 FILE NO.: CU-02-o04 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO ALLOW SOCIAL SERVICES (DAY CARE/PRE-SCHOOL FACILITY) IN THE I (INSTITUTIONAL) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. Mercedes Academy and Child Development. Inc. (Linda Dimsey, AQent), presented a petition for a conditional use permit to allow social services (day care/pre-school facility) in the I (Institutional) Zoning District for the property described below. 2. On April 18, 2002, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a conditional use pennit to allow social services (day care/pre-school facility) in the I (Institutional) Zoning District for the property described in Part A below. 3. On May 21,2002, 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 Conditional Use is consistent with the goals, objectives, and policies ofthe 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. 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 May 21, 2002. File No.: CU-02-004 May 21.2002 Resolution 02-046 Page 1 ~ ...., :Ii¡; ~ "" 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 NOW, THEREFORE, BE IT RESOLVED by the 80ard of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.07.03 of the SI. Lucie County Land Development Code, a Conditional Use Permit for Mercedes Academy and Child Development, Inc. Linda Dimsey, Agent) to allow Social Services (day care/pre-school facility) in the I (Institutional) Zoning District is granted for the property described below, subject to the following conditions: 1. The number of day care/pre-school children shall be limited to a maximum of 40. 2. The hours of operation for the child care and pre-school facility shall be from 6 A.M to 6 P.M., Monday through Friday. 8. The property on which this Conditional Use is being granted is described as follows: WHITE CITY SID SECTION, TOWNSHIP 36 SOUTH, RANGE 40EAST. LOT 26-LESS THE EAST 120 FEET AND LESS THE NORTH 50 FEET FOR DRAINAGE DITCH AND AND ROAD RIGHT -OF. WAY. (Tax ID#: 3403-502..Q046..(00/1) (Location: 384 East Midway Road) C. This Conditional Use Permit approval shall expire on May 21, 2003, unless a zoning compliance is obtained or an extension is granted in accordance with Section 11.02.06(8)(3), St. Lucie County Land Development Code. D. The Conditional Use Permit approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Mercedes Academy and Child Development, Inc., including any successors in interest, shall obtain all necessary permits and authorizations from the appropriate Local, State, and Federal regulatory authorities prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part A. :.'~ E. The Certificate of Capacity, a copy of which is attached to this resolution, shall remain valid for the period of Conditional Use approval. Should the Conditional Use approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. 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: Chairman Doug Coward xxx File No.: CU-02-004 May 21, 2002 Resolution 02-046 Page 2 ..... ...,J ~r). 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 Vice-Chairman Cliff Barnes xxx Commissioner Frannie Hutchinson xxx Commissioner Paula A. Lewis xxx Commissioner John D. Bruhn xxx PASSED AND DULY ADOPTED This 2151 Day of May 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H :\WORD\Petitions\BCC\Finished.02\Dimsey .RZ\DimseyRES.doc File No.: CU-02-004 May 21, 2002 Resolution 02-046 Page 3 ~ ...,,¡I . ...- z >- .q- (]) (f) 0 E 0 0- I 0 N 0 CÖ "'0 :::> c 0 :.....J ~ ( ~r:: '\o~..(..... it ~.... t~ ~. ~ ~ 0 .. ,,¡ " .. .. i ~ u . " u ~ i . I f . 0 '" ~ ~ " (. o \ (. , w ... .. f .. IE ~ Z ::J ~ 0 ü Z ::J 0 O'f'~ :øl ~'IH Ü a: ~ I I ã: ... Ii ... z ='I ;; ='I ~ I _mM Of OM MO! ~ ::2: .. .. z « 15 .N -. ~ S '" 1 S Ç[ 1 ... ... ! ... ... I ... ... .. AlNn08 3380H833>10 '- .,J A Petition of Linda Dimsey for a Conditional Use Permit to allow social services in the I (Institutional) Zoning District. I I I 41140 J91.J8 37IJ6 J51 J4 I 1 I 1 I ------- I __'_____....J 'íJ® Traub Avenue 1 1 1 1 1 1 1 I I .æl 251 24 izJ I 221 2J 120 I I I I 1 I I I I Canal I 191/8[7 I I I I I 1/6 1'5 1/4 I I I I 1 >. o :;:: ..c (J) I Vì :::> :5 'íJ ::J o Vì ~ ~~ ~U' W. Midway Rood $U' /2 2J /2 Indiana /3 I H 1 I ~I /12 J 14 5 6 17 15 I 1 I 16 I I Conal $~ cu 02-004 5Þr.Þ~ ~~_ (,!l~ --,,"-,__ f ~/7d This. pattern indicates subject parcel I 1 2~ zr .æ 125 I 1 I I I 24 12J I 1 I 2212J I 1 1 I I I I /J 12 I /I 110 I 9 I I I I 8 I 7 I I 6 8 7 6 S ~4 9/01//2/3 Barraclough Street I 9 8 I 7 10 /I 12 1J 6 7 9 Ashley Street Map prepared March 28. 2002 N TNrIIMØMebMrlOClrl'4lllldtcl'QOInenIØInnIn:IMCI..........~rItt 'M'Iiie fM!IYeIb1l'- ~ rTWfI! to pnMde hi moItWfnlllln.,.,... Ir*In'NiIMpoaib/It.iI..naI.~/of__.~bInr;fng~ Land Use W. Midway Rood cu '-' ...." ""-. Linda Dimsey I I 1 4114(1 .J91J8 371-'6 .J51.J4 1 I I I I I I 2~21 26125 I I I I I 221 2J I I I 2412.J I I I _______...J íJ® I 29.JO I I o r I I I 1 I I I I 261 25124 b I 221 2/120 I I I I I I I I I Conal I I /9 1 /8 17 I I I I I I 16 1/5 1/4 I I I I I I I I I 13 121 /I 1.0 I 9 I I I I I 8 I 7 I I 6 >. o ~ .c Q'I I (/) ::> ~ ~~ Q) > ï:::: o .¡: o E I..- Q) '-' ~ü' .c ~ ::) o (/) iI c M I I II I !!! ! I I I II ¡ : ¡ i ¡ 1121,,141516 1121" 14 5 161718 9101"~ 8 7 6 5 ~4 II I I 1 II I II 1 III II III 1 I II I JJJ i I I Jll /121,,1415'6 f-- _LU...Ll Q) _CLL.J J. :J 7 c '" /4 7 9 .0 /I 12 I" Q) Q) ----- > ---- :J 8 <3:: /6 c 8 1-_£1__ _~___ Q) Barraclough Street 3\ü' 9 Q) 17 /8 > 9 1----- u I-----I--;¡r¡¡-- <3:: 1---- 8 I 7 /IJ 3 0 19 I..- ilA:1 9 6 /5 ----- ..J 0 3\'@ r-' " . ~ ~COM II 2J 22 ..... /I I--FJ--I---:u-- (j') r [1\ '''3 1 12 12 .0 I Indiana Avenue IJ I r I .@i I : If Johnston Street I I I 112 3 14 5 6 17 8 19 I 15 I i I !-Þ- 6 I 5 4 I I /6 ; Canal I 7 I 8 9 Ashley Street 02-004 5ì:r .4~...A..-~ (ij~ ..,......"?!' ~ t ì I N ~/7d This. pattern indicates subject parcel Map prepared March 28, 2002 ThlalTWØhMbeIn~lorgllWllplrlnllglndllllfnr'a~<riJ YoNe-,tIkIIt... ~ mldl!tapooldl.... mo.tcu...c.....-xu_ WmTwIbI~...""'i1IIrded __ ..lIgIIrtntrGdDounrc. "-' .""" Zoning Linda Dimsey RMH-5 1 35 134 I >. o ~ £ Q'1 I (f) ::) ~ I I 4,140 39138 .37135 I I I I I I 281 Z1 26 125 1 I I 1 I 24123 I I I 2212/ I 1 ------- I --'------~ 'íI® 1 291JC I 1 I 251 5 1 1 1 1 1 1 ~~ G 1 ~õ' 1 1 1 1 1 1 CN I I I CG 5 ~.f /2 /3 CG £ -+-' :J o (f) 'íI W. Midway Road C ~~ Barraclough Street 9 sir 6 5 ~õ' I.f /5 16 6 /2 /3 r I I 8 9 cu 02-004 Ashley Street ~ t .Qr-Áqr~~ ~ ~ v/~ This. pattern indicates subject parcel Map prepared March 26, 2002 hlNPl'IAIÞM'ICIQIfOIedlofgennj~Md~~<rif, ~'l" 'WNIe....,.-'btIlM~INdoo)p-oWiI...,.q___...._ ¡\ ~~iI.lanot~/Qr_..~tlÎl'wJlnQdocurw(. ------- W. Midway Road cu 02-004 "-, .." Linda Dimsey / I 1 4/1«) 39 I J8 37/36 35134 1 1 1 I I 1 211 zr 26 1 25 I / I 1 I 22121 1 I I 24123 1 1 >. o :;:: ..c (J) I (f) :J ..c +-' :J o (f) iI® 1 / I I I 1 II 1 /0 I 91 8 1 7 16 1 1 I I 1 I I 1 1 1 i 1 'íJ10 42143 +f /45 461,g 1 1 1 / 1 4.24 ac. ¡ : I I jJ 121,,11°19 / : / 817 1 / 6 ~ 1.06 ac. I I I I ' I 1.49 af· I I I I I I I I 4,37 ac, ~~ 2.85 ac. ~ù7 11 1.19 ac. ,0.63 . , , 0.21 5 ~4 8 7 6 1.37 ac. 9/0"/213 ac II 0.34 ac. 0.72 :$~ ac. arraclough Street I 9 8/7 6 5 120,19 Indiana I J 3 14 5 J // 12 /3 14 /s t6 I 112 1 1 Canal 6 1 1 8 9 7 Ashley Street t $JF~~' cu§, ~..- Map prepared March 28, 2002 ThII~""ÞMn~la'gerwIII~..-d""""~<:WIIy_ N WIiII ~1IIb\"'t..> IMdllOpurr.Idooh """'CUI.......___ ~~..nat~_""..lIOIIIYbinI;InQ~ '-' Linda Dimsey .; I. CU 02-004 V7 / 7 ./1 This. pattern indicates k:::L/ ..L.¿j subject parcel 5Þ' 4-'e &'4~ GI~ ~,>- Map prepared March 28, 2002 ThilINp__~b\lllt'Wlf1lll~II'Id""-'œ~~. N 'M*.-ytltlat'- bMr1 ""'to~... "-IQl:Nftn:l-..... ~~,."IICII~Iar.....~t*ldlrlgclcaM1wt. '-' , "".."~..-"'I ""r1IIÎ J .'"" d, ",., "mH¡:,\"T 'li"o ~ù......)....-,' I TJ:' ~ ',"T~H' & ZONING K - Ll-'!. t~. ''t: ': ~ '<:I;). ~ DEVELOi~k~1Wb. f,PFROV At AGENDA ITEM 10: MERCEDES ACADEMY AND CHILD (LINDA DlMSEY. AGENT) - FILE NO. CU-02-004: Hank Flores, presenting Staff comments, stated that Agenda Item # 10 was the application of Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) for a Conditional Use Permit to allow social services (day care and pre-school facility) in the I (Institutional) Zoning District for 2.68 acres of property located at 384 East Midway Road which is within the Port St. Lucie Church of Christ. The surrounding zoning is CG to the west and east, CO (Commercial, Office) to the south and RS-3 (Residential, Single-Family - 3 du/acre) to the north. Day care and pre-school facilities as social services are allowed as conditional uses in the I (Institutional) Zoning District subject to the approval of the Board of County Commissioners. 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, subject to the following conditions: 1. The number of day care/pre-school children shall be limited to a maximum of 40. 2. The hours of operation for the child care and pre-school facility shall be from 6 A.M to 6 P.M., Monday through Friday. Mr. Merritt questioned what the traffic status was on Midway Road east of U.S. 1. Mr. Flores stated that Staff was not aware of any concurrency problems on east Midway and the level of service is C. Mr. Grande questioned Staff if the applicant Mercedes Academy and Child Development is also the land or church owner. Mr. Flores stated that he believed that Ms. Dimsey was operating a childcare center at the church. Mr. Grande stated that he assumed that a Conditional Use Permit on property would have to be applied for by the owner of a property and not a tenant. Chairman Matthes asked who came up with the hours of operations. Mr. Flores stated those are the hours of operation that were stipulated by the applicant. Mr. Akins questioned that if this Conditional Use Permit is approved, is there any control over the actual development of the site into a daycare. He continued that his concern is that there is a smaIl strip mall and gas station on the corner, a shopping center across the street, and an auto mechanic's shop next door. He stated that he did not feel this was a particularly good area to have small children playing. Chairman Matthes asked if the applicant was present to answer some of these questions. Ms. Linda Dimsey stated that she is the applicant. Mr. George Dimsey stated that the Church does not hold enough revenue to apply and facilitate over a daycare their self. He stated that they were willing to take the risks associated with a daycare because they will be teaching the children about the Lord. He stated that his wife Linda has been in daycare and children services for quite some time. He also stated that they will be leasing the facility from the church and they will be considered to be two separate entities. Mr. Kelly stated that Mr. Joe Wilson, who is the pastor of the church, did sign the application and that the application is in order. P & Z Meeting April 18, 2002 Page 15 '- """",1 ~~¡;~;:i';:~~Gi ~ ZONING rr,~~:'i;~;::Ç:H¡N APPROVAL -0" ~~~~.,J·"'¡¡tU Mr. Grande questioned if the conditional use permit would apply to the property ~r j'~st to the applicant, just in case the venture does not succeed. Mr, Kelly stated that under normal circumstances a conditional use permit would run with the property not with the owner or the applicant. He also stated that if the Board or Commission had any concerns regarding this they could add a condition that it applies only the particular applicant. t j~ 1 Chairman Matthes asked Ms. Dimsey to address the issues regarding suitability of that site for a daycare. Mr. Dimsey stated that they are not increasing traffic to the area and are just adding a service to those in need in the area already. He continued that there is a home on the west side of the church and there is a trucking company behind that house. He stated that he felt that area is mostly used as a storage area and not really as a full-time operating business. He also stated that the daycare is on the east side of the church and does not pose any hazards to the children. He continued that with the HRS requirements there would be a five to six-foot fence surrounding the daycare area and door alarms. Ms. Dimsey stated that HRS has done some preliminary inspections as well as the Fire District and have advised them of what needs to be brought to their specifications in order to open for business. Mr. Akins confirmed that the Department of Children and Families regulate the safety measures prior to the facility opening. Ms. Dimsey stated that is correct. Mr. Dimsey stated that the facility would be brought up to County codes as well as child development codes. Mr. Grande questioned if they are leasing the space from the church. Mr. and Ms. Dimsey confirmed that is COrrect. Mr. Grande asked Ms. Young what liability the church would have for daycare center problems. Ms. Young stated that liability would vary based on how the license is issued. She continued that they might have some liability since it is on their site and they would ultimately be responsible for the condition of the building. Mr. Grande asked Staff if issues regarding potential liability had been discussed with the church. Mr. Kelly stated that Staff did not discuss that with them and typically that would be between the applicant and the church. Ms. Dimsey stated that they had discussed these issues with the church and they will have two separate liability policies. Mr. Dimsey stated that as a separate entity the daycare would be holding at least a million dollar liability policy before the church would become responsible for any liability. Mr. Dimsey stated that as a deacon of the church, he has discussed all of these matters in great detail with the church and they too will be upgrading their minimum liability policies to satisfy everyone. Mr. Grande stated that he just wanted to be sure the church was aware of their potential liability in this situation and was consciously undertaking an increased risk. Mr. Lounds re-confirmed that Mr. Dimsey was a deacon in the church. Chairman Matthes opened the Public Hearing. Mr. Herbert Beach stated that he is disturbed by the Institutional zoning because this zoning is usually given to non-profit organizations such as churches and other organizations that pay no ad-valorum tax. He questioned if the business that they will be operating, under the church, is profit or non-profit. He stated that he felt this should be denied because it is opening a can of worms allowing someone to lease a portion of land or space under a tax exemption status. He also stated that he felt his taxes paid for those non-profit organizations and he would not want someone to be able to sneak in the back door and not pay their taxes. P & Z Meeting April 18, 2002 Page 16 '- '...I ç"¡",' ~::::~.. TO 'IoJh~,;k:_.;1 PL!\NN\NG & lONING· Cf,r'.';¡:r:·~mt>.j lI¡pn¡),.OV At f..:;~Jn.ild....,-..)_.." h ..-r: Mr. Mike Booth stated that he owns the property to the east of the church at 382 East Midway Road and is opposed to this due to the increased traffic it may generate throughout the day. He also stated that sometimes the traffic backs up half way down Midway Road coming out of Indian River Estates and this would generate more traffic. He continued that the noise levels of structures being built and the noise overall from the children will be increased. He also stated that the property to the west of the church does have a trucking operation that have large dump trucks and semi-trucks going in and out all day and this may pose a hazard to children in the area. He stated that he felt a church should be run as a church and only a church. Chairman Matthes asked Mr. Booth if his property is the Commercial, General piece or residential. Mr. Booth stated his property is zoned Commercial, General and has an insurance office on it. He also stated that he has been there for fourteen years and there is a security facility on the back of the property. which is his residence. Ms. Janet Dubois stated that she owns property at 393 East Midway Road and objects because of the traffic that already exists on Midway Road and also the emergency vehicles that run up and down Midway Road all day and all night. She continued that she could see the traffic from her kitchen window and sees that it gets backed up at night during the weekdays, especially from around four o'clock till six-thirty. Mr. Shane Bland stated that he lives at 385 East Midway Road and is directly across the street from the church. He stated that traffic is already insane on this street and adding forty more cars on that road in the morning and evening will just add to the confusion already there. He continued that the added noise to the area at six in the morning would be crazy. He also stated that he is opposed to the fact that they are part of the church which does not pay taxes and that is not right. He stated that a lot of the people he had spoken with stated they were concerned about any future expansion of the business as well as the added traffic. Chairman Matthes closed the Public Hearing. Mr. Grande questioned if this is part of letter "f' under the conditional uses, which is educational services and facilities. Mr. Kelly stated that is not correct and a daycare as per the SIC Code is considered to be under social services. Mr. Grande questioned if a for-profit daycare would still fall under social services. Mr. Kelly stated that profit and non-profit are not separated under the code. Mr. Grande questioned where the fIre station was in correspondence to the church. Mr. Kelly stated it was not within the range of the overhead maps. Mr. Murphy it was on Regina, which is further east than the map shows. Mr. Lounds stated he is concerned about the traffic and how the church entrance is configured. Mr. Dimsey stated that the confIguration of the church is an L shape back and to the right. He stated there is a roundabout, which is part of the church, and holds approximately twenty automobiles and they also have a grassy area available. He continued that there really wouldn't be an increase in traffIc of forty individual cars because the drop-off times may vary from each individual. Mr. Lounds asked approximately how large the congregation of the church was. Mr. Dimsey stated it was approximately thirty to thirty-five people. Mr. Lounds asked if the students were already lined up. Ms. Dimsey stated she does not have any lined up at this time. P & Z Meeting April 18, 2002 Page 17 '" ...", ~iÃ~~W¡Imì"~ ZONING _ ¡'!",~~~::'('("¡i1r-1 AD, "f).,rq'Al " j..H.:i~~h~:.....1-...J.u~" r U;¡ H Mr. Jones questioned if this is a profit or non-profit corporation. Mr. and Ms. Dimsey stated it was a for profit organization. Mr. Jones asked what the tax situation would be for a church. Ms. Young stated that she assumed they would be tax-exempt because most of the churches in the area have applied for a tax-exempt status. Ms. Dimsey stated that she was told that the church is tax-exempt but that it would not be an issue with them. Ms. Young also stated that the Property Appraisers Office, once notified would review the use of the property but churches are allowed to have daycare centers. Mr. Jones stated that he owns a business in Martin County and is required to pay property taxes even though he doesn't own any property there, Ms. Young stated they would have to pay personal property tax and occupational license tax and those types of things even though they are on tax-exempt property. Mr. Grande asked Staff what the setback is for the church. Mr. Kelly stated he doesn't have the exact feet, but that there is a substantial amount of property in front of the church, Mr. Merritt stated that a lot of the traffic concerns on East Midway Road are generated from the elementary school on Weatherbee Road. He questioned what the time frame for DOT is for a traffic signal on Weatherbee and U.S. 1. Mr. Kelly stated he did not know and didn't believe there were any plans of putting one up there in the near future. Mr. Heam stated that he was concerned about left turns into the church and wondered if the conditional use could be granted with the stipulation that the traffic must enter from the east and turn to the right. Chairman Matthes stated he believed that would cause an enforcement problem. Mr. Jones questioned if the drop off and pick up times would fluctuate throughout the day from six to nine in the morning. Ms. Dimsey confinned that it would not be like a school with one standard drop-off or pick-up time and arrivals and departures would be spread out throughout the day. Mr. Akins asked Staff if the Property Appraisers Office reviews a situation where a profitable company is operating on a previously exempt property. Ms. Young stated that she believed they do review any changes in use on the property and get the infonnation from the Community Development Department. She also stated that a daycare is a pennitted use as far as they're concerned regarding the exemption. Mr. Grande stated that he believed that the operators would pay all of the business taxes and the churches would file their own returns and would justify this as tax-exempt income based on the lease to these people. Mr. Lounds stated that the tax issues don't really concern him but he does agree with the public's concerns regarding traffic. He stated that since Midway Road is a major corridor there would be no way to stop the increase in traffic. He also stated that he did not have a problem with the Dimsey's request for a daycare center at a religious institute. P & Z Meeting April 18, 2002 Page 18 '-' ....,J , S~L ~~~,~~;~~\ f~" FlP.: ",,\',<:'c '-', 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 11.07.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission I¡ecommend that the St. Lucie County Board of County Commissioners grant approval to the application of Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent), for a Conditional Use Permit to allow social services in the I (Institutional) Zoning District, subject to Staff conditions, because of the reasons stated., Motion seconded by Mr. Hearn. Upon a roll call vote the motion passed with a vote of 7-1 (with Mr. Merritt voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P & Z Meeting April 18, 2002 Page 19 Z,~t··>rH\Li i1 ;-';.~' r ftiJ'~r Al ft 'w ....,1 AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, May 21,2002 7:00 P.M. MERCEDES ACADEMY AND CHIW DEVELOPMENT, INC. (LINDA DIMSEY, AGENT), has petitioned St. Lucie County for a Conditional Use Permit to allow social services (daycarelpre-schoolfacility) in the I (Institutional) Zoning District for the following described property: Location: 384 East Midway 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. 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 oos sent to all adjacent property owners May 11, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on May 11, 2002. File No. CU-02-004 \w. ~ May 11, 2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that LINDA DIMSEY has petitioned St. Lucie County for a Conditional Use Permit to allow social services (day care facility) in the I (Institutional) Zoning District for the following described property: Location: 384 East Midway Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held oJ 7:00 P.M., or as soon thereafter as possible, 011 May 21, 2002, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commissioners 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 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 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-02-004. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS '~~~/~ JOHN D, {)RUHN, Disrrict NO.1' DOUG COWARD. Disrrict No, 2 . PAULA A. LEWI5, Disrricr No, J . FRANNIE HUTCHINSON, Disrricr No, 4 . CLIFF ()ARNES. District No. :> County Administrator - Douglas M. Anderson 2JOO Virginia Avenue · Fort Pierce. FL J4982-5652 Adminisrrotion: (561) 462-1590 . Plal1ning: (561) 462-2822 · GISrrechl1ical Services: (561) 462-1553 Economic Development: (561) 462-1550 · Fax: (561) 462-1581 ..r-' "" ß,....... ......,....,.... , ro, .... ~,...................... .. ~~k:~,:::'r~,':-¡ . o.....el~Co4e-ond Iq .:::;:. ""'1~ 5ectÕorlII.oo.oJoiltwSt. ~ . ~_""lh;."""",~'::'~"""~ :. ~;=;-;r~::F'"tfli~Œ"t'1~;~"\ desO'ibed po-opowty: 0InIne0"c101,. G.neraI lOlOing O;rlriét ~.... rHE weST.OO fEET Of THE ; Of SECT_ 16, TWN 345 r ) SOUTH S<I79&fffTOf THE FAST '/201' THE ~ 1 " ClAll1rCOI?OS 11001( ¡j] P~ElfSS 1·95 I?IGHT_~f_W^Y AS OEs(:RtBW IN OF{t. ANO ~rss INOI?IO IO'OAO' AN n09, PUBliC Ii'ECQi05 Of sr. L1J(IE CO HOI/IOA 1',111'1,. IH ';1 Iller( (OlINIV. r~o~~~AL iIGHr.oF.WA'r. "AID lAND IYÎNG AND I'!"dh.""~",,...., nf hi.." Ii'",,..¡ ",,,I (,,',I'-'I<'.d ~',""i '\~II ",'1", ""''''1' .1" AI' 1(".""1",,1,,,) '.1.,/"",_) ;" ',-,I "I"""¥ '-'f'II-.'·, _-\ I ,\~( II \ I IA'1) VII." IN .[ _0 /:\:'1_ '>1 (IIU! (\J1Iè.lIY IIO~Ij)~<)N 1,"'_ r()W~5111f')6 SOUIH. Ii'ANGE OC>(;¡HHI) A:' f[JII ()\\l5 "'1'1) HII~J.. MO~( rMIIC1JlAli'lY COMMIN(t....1 HIE SOtJHItA'", C ,'. é AlO..,,¡G nil, (AS! 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IN,'.,ING lfSs.rH~ EAST HaD fEEr FOR: ROAD lO:OI,"n W t ·d e\ ¡, . of Ol""""d", A~n"e, "pp"'.'mQt~ly 100 f~r "orl!, of fly,,, (iccl". 3, Alf~S SPIRITS AND WINES IN~ I ..ore 111 The CG IComme<CioÎ ¿-. ÇII 0 Cond,¡io'lCl \!<~ P",mil to oUo... Q reta¡1 Ii IJQO" ptope<ty: . ~nN(1! lo","\: D'llroct fo. rhe lollo"';ng dcscr~ , i PARcELl: All OF'tHAr AiEA DfSCilBED ....ND 5 . WINDMltl-..vtll.AGf 8Y THE Sf A. _ HOWN AS 'ARCH- NO. 2 ON THE PLAT J)f THE PLAT ~EREOf, AS Ilf.COWED~~~t:rOf UNtTS I AN{) I..... ÃCCORDING TO ST. WCrE COUNTY, fLORIOA. . T 8001( 16, 'ACE 6, PUBLIC I!ECORDS OF. PARCEL 2, fOR A POINT of B"GINNING C ~ W1NDMJll VllLACE BY THE_SE.Á. U~~~~~A.T THE NOê~EAST'CORNft Of PAGe 31. Of-THE PUSlIC REcORD' . AS RECQlDED·.IN PlAT BOOI(_14 ~TH 8rS67r WEST ALONG,T~~~~~M'~~'~~;ftORID"'" TH£Na Ilt/N ¿.8( FEET; THENCE RUN SOUnfOO~J'36" 'EASt' 'SAt°_MT. A -orSTA.NCE Of f SAID PlAr. ^ OfSTANCEÒF J I ,. ,"AIALJB.·¥J1TH THE fAST UNE ~O$T.v.lCE OF 2(1.09 FEET TO ~~~~~,~~~~.R1JN.~ Brs&"27'" WT. ...;:...WAY LINE Of.,STATf ROAD AlA ~S NÖW LAID ÓùWITH THE·,~"ESTERlY.,RI(õHT. ..._TH 23·~I·WEST AlONG SA! . rAND-fNUSf:TH~EWN fEET; !}fENd: RUN'SOUTH 19"'56 .. 0 RIGHT-OF-WAY, ^ DfSTANCE Of. 1*1 'ROJECTION OF THE NORTH lIN?bF ~~ AlONG ^ liNE THAT·IS .AN EAST{I;lY TWO, A DISTANCE OF 1]000 fEET TO THE WINDMIll, VILLAGE: IY ·THE SEA, uNrr SA!:. . . POINT?"- B~NNING.. .-.: :_;.. ~;~ . ,D.~DS "S'.TÙATE. t YING~N~ BEING' t~ ~S~; lui~Eg.J~.~ F(~~À. 'i1: ;:=;::,:;:j~~~~;I~ .. :..-, .. .-'~'. on ø..1 (1nsl~ Zoning D;$lricrfOc..#>efO!lowi':;:':::~(doycr:n~ WHITECHYS· . .-.,." :"'~¡''''~~ ~ AND. lESS RO ,~_ 3~.:~ ~gr ~~~~iðj~~O~-;,t~~<t!l·~f fT FO. R OR-brrdt loo;glÎQn: 38" Eosl MldWIJY Rood. . " ,~:. '"':~. .. ~ .. , '-". 'f 5.:.STEVE SIUATO; f:X '0 -W~·jv~r' 'r~m S~iò~' 7.1 O~ 11(A]"oF" the -St. tude Côunty'"(';j;;d Development Code to allow for the sale of alcoholic beverages as en accessory useta- a restaurant, within 1,200 feet of a religious faciWy, school, public pork, or p'ublic play- ground in the CG (Commercial, Gencra!) loning Dislricf for the following described prOPNly· ,/ "J ß(G:N ^ T THE SOtJTHEAS T CORNER or THF NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 22. IO'.-VNS1\II' 36 SOIJlH. R^HG~ 40 cAS!, SI LUCIE COUNTY .-LOI~iDr\ ~:UN SOU!!i 7;· ì~'(r;f' i,\':"'T 710 ¡I-U ro THE NORTH LINE Of RIO MAR. ORIVf, THENCe ":Uf.J ~)O,jlH (;J Xl Jü'" \V[S1 MC)HG RIO MAR DRIVE 30 FEET. THENCE RUN NORTH 77".lfJ'OO" w[jl 2250] FEO, THFNCE RUN NORTH 89"4'-}'OO" WEST 55':i 72 FElT [0 TIL SOLHIN./EST CORNER OF THE HEREIN DESCRIBED PARCEL. SAID SOUTHWEST CORNER BEING LOCATED NORTH 69049'OaM WEST OF AND 589.611 fEET DISTANT ;·ROM THE POINT OF BEGINNING; THENCE FROM SAID SOuntWEST CORNER RUN NORTH 00°07'0.0" EAST 800 FEET THENCE RUN SOUIH 89'~d9'OO" EAST 400 reET; THENCE RUN SOUTH 00°07'0.0': WEST 150 FEET; ¡HENCE. i<UN SUL;'IH BY"4',"OU" [^ST 164.36 FEET TO THE WEST. ERLY RIGHT· OF-WAY OF U 5 \; THENCE RUN SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY BEING A CURVE CONCAVE TO THE NORTHEAST HAVING- A RADIUS Of 1952,08 FeE;"', r\ND ^~ ,<\RC DISTANCF ~)F 310.62 FEET, THE CHORD fOR SAID CURVE BfARS SOUTH 12)O~r05" EAST SAID CHORD aEING310.29 FEET; IHENCE RUN NORTH 89<19'OO~ wEST 10101 FEEl, ¡HENCE RUN SOUTH 00°07'00" \"JEST 229_94 Fl:U, rrE~"CE Rur...¡ SOlJTH 'ìI"JirOO~ E,A.ST 132.0'2 FEET TO THf POINT OF BEGH>JNING (OR 495-1159: TOGETHER WITH THE RIGHTS OF INGRESS AND ECRFSS AS 'SET fORTH IN O.R BOOK 312. PAGE 162i ,\NO 0_" BOOK 31?, PAGE 1611, ST. LUCIE COUNTY RECORDS. Location; 7123 South U,S. Highway 1. .:,: PUBLIC HEARINGS will be held in Commiš$.iofl Chombers, Roger Poitrm Anne.... 3rd FloOf, St. tucie County Administration Buildirig, 2300 Virginio Avenue, fort Pierce, Floc¡da . on.May 21. 2002, beginning at 7:00 P.M. or os $oon thereofter·as po55ible. PURSUANT TO S«fion 286.0105, Florida Statutes, if 0 person d~ides tÓ·~PP.eOlany deçision mode by 0 board,-agency, or co·mmission with respect to any matter considered at a meeting or hearing. he will need 0 record, of the proceedings, and that, for- sud1 purposes, he may need to ensure that 0 yerbotim record of the proceedillgs is ¡node. ~ich reCord includes the test¡~y and evidem:e upon which the appeal is to be based. ., .', 80A~D QF'COMMISSIONERS ST. LUCIE COUNTY. FLORIDA . , (SI.I>O<J9 C¡";"',d, CH~IRt:^"N Puh1ish;Moy'l (2002- 2424347 '-' """" Planning and Zoning Commission Review: 04/18/02 File Number GU-02-004 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager O~ DATE: April 11 ,2002 SUBJECT: Application of Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) for a Conditional Use Permit to allow social services (day care and pre-school facility) in the I (Institutional) Zoning District. LOCATION: 384 East Midway Road. (Within the Port St. Lucie Church of Christ) ZONING DISTRICT: I (Institutional) FUTURE LAND USE: COM (Commercial) PARCEL SIZE: 2.68 acres PROPOSED USE: Day Care and Pre-School Facility SURROUNDING ZONING: CG to the west and east. CO (Commercial, Office) to the south. R5-3 (Residential, Single-Family - 3 du/acre) to the north. SURROUNDING LAND USES: The general existing use surrounding the property is commercial and residential. The Future Land Use Classification of the immediate surrounding area is COM (Commercial) to the south, east, and west. RM (Residential Medium) is located to the north. FIRE/EMS PROTECTION: Station #6 (250 East Midway Road), is located approximately 0.5 mile to the east. UTILITY SERVICE: The subject property is served by a well and septic system. '-' ,..., April 11, 2002 Subject: Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) Page 2 File No.: CU-02-004 TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for East Midway Road 66 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 the proposed conditional use, 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 is not in conflict with any applicable portions of the S1. Lucie County Land Development Code. Section 3.01.03(X)(7), I (institutional) Zoning District, allows day care and pre-school facilities as a conditional use subject to 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 proposed day care facility would be located within the existing church facilities. 3. Whether and the extent to which the proposed conditional use would be served by adequate public facilities and services, Including roads, pollee 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 proposed use is within the existing church facility. '-' ..., April 11, 2002 Subject: Mercedes Academy and Child Development, Inc. (Linda Dimsey, Agent) Page 3 File No.: CU-02-004 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 site is located in an existing religious facility. COMMENTS The applicant, Mercedes Academy and Child Development, Inc., Linda Dimsey, Agent, has applied for the requested conditional use in order to have a day care and pre-school facility in the Port St. Lucie Church of Christ building located on East Midway Road. Day care and pre- school facilities (social services) are allowed as conditional uses in this zoning district subject to the 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 Sf. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the Sf. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, subject to the following conditions: 1. The number of day carelpre-school children shall be limited to a maximum of 40. 2. The hours of operation for the child care and pre-school facility shall be from 6 A.M to 6 P.M., Monday through Friday. Please contact this office if you have any questions on this matter. Attachment hf cc: County Administrator County Attorney Linda Dimsey File \., ...." Section 3.01.03 Zoning District Use Regulations ';)' ,. ',".. x. L INSTITUTIONAL 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. (9991 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. Institutiona! 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. (B553 Membership organizations (B6) Correctional institutions. (9223) Cultural activities and nature exhibitions. (999) Educational services and facilities (82) Executive, legislative, and judicial functions. (91.92.93.94.95.96,91) ¡. Adopted Augusl1, 1990 132 Revised Through 08101/00 h. i. j, k. I. m. n. o. p. q. "- ,.., Section 3.01.03 Zoning District Use Regulations Fairgrounds. (999) Funeral and crematory services. (726) Theaters. (999) Medical and other health services. (ao) Postal service. (43) Residential care facilities for serious or habitual juvenile offenders. (999) Social services (83) Sporting and recreational camps (7032) Stadiums. arenas, race tracks (794) 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 related to civic, social, and fraternal uses). (999) b. Restaurants. 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( I I ¡ I I ! ~..- g¡V;!~ ! 018§ ~!~!oo .~¡~¡~ ¡ 010 0 , ~n~~- ~ ~ ~,~ f"")t'f"It""¡r-o .5.5 ëë {?{? 888 N"'''' "''''0 dd"': §~~ ",,,,co 000 ¡ I I ' ~[~ii 818,' I N:1,f') ~L~I 00: õõ ~~5 *1* {? I I i I I , I I I I , I I I i , i I~ 1~:5! '0 > " .. aJt:) I I " 0 " § .. ....- ¡ï: ...J_ l- i I I , I I "it:) 1~ ¡q " ~ø:: ~"" "'._f- I , , I , 8888888 8 ;;:;3:;;~5';i!::g¡ :¡: !Ol°""':¡òddd :~ ! I , I , I uj~: ~:'~I;I.:: -:i:f-t---¡ 1!88 ~1§18 8 8 I I'I 1~~~1-~8~ ! j '~I§ 8 g § 8 § ~~I!~ ~ ~ ~ ~ ~ C""')MMMMMM 0000000 ~ iJ; ~13: ~ ;; ;; " :õ J'! I -¡¡ ~ " c. ... o t:: 8- " ø:: ·-li Ii , II I I Î- I N ... o N " 0/) " 0- 8 b ~ ] ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: ___\1'_1."" ._""1"'1_"-1_ \r.,.' .., Item Number .s-F Date: May21,2002 Agenda Request Consent Regular Public Presentation Leg. [ x [ ] [ ] [ x ] Quasi-JD [ Board of County Commissioners Community Development ted By Consider Draft Ordinance 02-005 Amending the Sf. Lucie County Land Development Code By Creating Section 13.09.00, Existing Property Maintenance Code, to provide for adoption of Chapter 3, General Requirements, of The 2000 International Property Maintenance Code Attached is a copy of Draft Ordinance 02-005, which would propose to Amend Chapter 13 of the Sf. Lucie County Land Development Code by creating Section 13.09.00, Existing Property Maintenance Code, which will provide for the adoption of Chapter 3, General Requirements, of The 2000 International Property Maintenance Code. The County Commission has for the past several months been very interested in bringing forward regulations and standards that would compel property owners throughout the unincorporated area of the County to keep the buildings and structures on their property in good condition. The regulations cited in this section are from the International Building Code. A copy of the cited sections is attached for your review. On Thursday, April 18, 2002, the Planning and Zoning Commission! Local Planning Agency voted to recommend that the Board of County Commissioners approve Draft Ordinance 02- 005. This is the second of the two required public hearings on this matter. On May 7, 2002, the Board held its first public hearing on this matter. At that hearing the Board accepted public comments on the proposed amendments to the County's ~. Land Development Code. Based on the comments made at that hearing, Draft Ordinance 02-005 has been amended to address the Board's direction. \w ..." County Commission Review: May 21, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Administration Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 17, 2002 SUBJECT: Consider Draft Ordinance 02-005 Amending the St. Lucie County Land Development Code By Creating Section 13.09.00, Existing Property Maintenance Code, to provide for adoption of Chapter 3, General Requirements, of The 2000 International Property Maintenance Code Attached is a copy of Draft Ordinance 02-005, which would propose to Amend Chapter 13 of the St. Lucie County land Development Code by creating Section 13.09.00, Existing Property Maintenance Code, which will provide for the adoption of Chapter 3, General Requirements, of The 2000 International Property Maintenance Code. The County Commission has for the past several months been very interested in bringing forward regulations and standards that would compel property owners throughout the unincorporated area of the County to keep the buildings and structures on their property in good condition. The regulations cited in this section are from the International Building Code. A copy of the cited sections is attached for your review. On Thursday, April 18, 2002, the Planning and Zoning Commission/ local Planning Agency voted to recommend that the Board of County Commissioners approve Draft Ordinance 02-005. This is the second of the two required public hearings on this matter. On May 7, 2002, the Board held its first public hearing on this matter. At that hearing the Board accepted public comments on the proposed amendments to the County's land Development Code. Based on the comments made at that hearing, Draft Ordinance 02-005 has been amended to address the Board's direction. Staff recommends approval of Draft Ordinance 02-005. If you have any questions, please let me know. SUBMITTED: DJMI OR_02-005_MEM03(h) cc: County Administrator County Attorney Public Works Director Planning Manager 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 \w' ORDINANCE NO. 02-005 .....¡ AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY CREATING SECTION 13.09.00, PROPERTY MAINTENANCE CODE, TO PROVIDE FOR ADOPTION OF CHAPTER 3, GENERAL REQUIREMENTS, OF THE 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE AS AMENDED; BY PROVIDING FOR CONFLICTING PROVISIONS; BY PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING, FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION AND PROVIDING FOR CODIFICATION. WHEREAS, the Board of County Commis.sióners qf?St,Lucie County, Florida, has made the following determination: 1. On August 1 1990the·Board.9fCountyj,~ommissioners of 51. Lucie County, Florida, äâopted theSt. LuciØ<County Land Development Code. 2. The BoªtôY,.c'ºf County,:"~()mmissioners has adopted certain ~"J'!~ndmemt~;[~B<*þe 51. Lucie County Land Development Code, through the foUowimgQrdinances 91-03 - 91~21 - 93-01 - 93-05 - 93-07 - 94-18 - 95-01 - 97-01 Marc1114,1991 . Novembøl'7, 1991 ;February 16, 1993 <'t\ÌlaY25,1993 Ma.y 25, 1993 August 16, 1994 January 10, 1995 March 4, 1997 September 2, 1997 April 6, 1999 August 17, 1999 91-09 - 92-17 - 93-03 - 93-06 - 94-07 - 94-21 - 96-10 - 97-09 - 99-01 - 99-03 - 99-05 - May 14,1991 June 2, 1992 February 16, 1993 May 25, 1993 June 22, 1994 August 16, 1994 August 6, 1996 October 7, 1997 February 2, 1999 August 17,1999 July 20, 1999 -------------------------------- Ordinance No. 02-005d Draft #2 Underline is for addition Ðtl iko TI" otJ¡:n is for deletion underlineJ 31rlllo tn.otlgn andredline is change from 517102 Page 1 PRINT DATE: 05110102 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 '- ......,¡ 99-15 - 99-17 - 00-1 0 - 00-12 - 01-03 - July 20, 1999 September 7,1999 June 13.2000 June 13, 2000 December 18, 2001 99-16 - 99-18 - 00-11 - 00-13 02-09 July 20, 1999 November 2, 1999 June 13, 2000 June 13, 2000 March 5, 2002 3. On April 18, 2002, the Local Planning Agency/ Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News and the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 4. On May 7, 2002, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St.· Lucie News and the Tribune on XX, 2002. 5. On May21, 2002, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on XX, 2002. 6. The proposed amendments/to the $t.l.ucieGounty Land Development Code are consistent witþthe genèral purpOSè, goals, objectives and standards of the St. Lyci~Countx,Ø6mpreh~nsi"e Plan and are in the best interest of the healthisafety anq.public welfare of the citizens of St. Lucie County, Florida. NOW, Tti.I;SIBF'ORE, BI;.,)".~SPAINEDb&i';/1hß,8óard of County Commissioners of St. Lucie County, F'lqrida: PART A. SECTION '13.09.00 OFTff!9$]'.LUCIE COUNTY LAND DEVELOPMENT CODE IS HEREBY CREATED TO READ AS FOLI¡¡OWS: ********************* CHAPTER XIII -------------------------------- Underline is for addition Gtril(e Ti'h olj~n is for deletion underlinel "trih~ tlllðtigl, and redline is change from 5/7/02 Ordinance No. 02'OO5d Draft #2 Page 2 PRINT DATE 05110102 "-' "wi GO/O(190 :31VO INU:ld £ aBed (;# lima P900'GO ·ON 93UeU!pJO ZOlUg WOJ) a5uel:) 5! aU!lpaJ pue 4¡¡RQJ~1 ¡¡~!J18 ¡9U!µapUn uOlalap JOj S! 'tiROJl.l Ç~I!lIO UO!I!ppe JOJ 5! aU!Japun -------------------------------- :SMOIIO~ SI3 pl3eJ O¡ papuewl3 aq 11134S (aDI3JOqJI34 ¡UepOl:) S(~08 UO!paS '(: 'JaUUI3W e>!IUI3W>JOMI3 U! palll3lSU! pUB esn papUelU! 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U! peU!eIU!"E!W aq 1I"E!4S (i)aJaLl sas!!1!aJc puesaJOpnJIs IU"E!O"E!A /IV 'puetpue saJnI:mJIS lue:>eA £'~O£ :sMollol sa paaJ Ol pepuaw"1)€I:9~I~H§::~Buelcpue sam~~ruls lU"E!O"E!^) 8' ~08 UO!IOas "¡ ·'N :S¡O~gsªJiPLJj~lI()l a4l U! papuawe AqaJa4 aJI3 'UO!I!pa OOOG 'ap08 aoUeUalU!"E!~AlJaCOJd I"E!UO!I!¡!!;LI~IYla4l lO '8 Jala"E!48 10 suo!loas DU!MO/lO aL.l 'V SNOI.l3130 IS.lN3WON3Mf ~O'60'£~ 'ao!uo 40ns o SJ004 ssau!snq J"E!nDaJ a4l Dupnp UO!loeqsU! 0!lqna JO aq"E!I!!¡!^"E!ªq"E!LS PU"E! JOlOaJ!O s>JOM O!lqnd a41 O eo!uo a4¡ U! pa!! aq lIa4S epoo'Lonso MOO V 'A¡un(i)O e4119S"E!eJe pal"E!JOCJOou!un a4l 01 Alaae O¡ 'A¡un08 a4¡ O ap08 aOUeUalU!eV\JAµaaoJ d JOpalX3 a4l se aOueJeaJ Aq paldopa S! "Our '!!oun08 ep08 leUO!laUJalU a4l Aq pelaDlnWOJd sa 'UO!l!pe OOOG 'ep08 eoUaUelU!eV\l AµedOJd aUOnaUJalU a410 '8 Jalaa48 03.ldOOV ~O'60'£~ 3aO~"aON"N3J.NI"W A.U:I 3d 01::1 d 1::10 11::1 3.LX3 a~,'\H~S~H 00'60'£ ~ . ,,,nN"W NOll.::> n 1:I1.SN 0::> S>U:IOM ::>118nd aN" SNOI1."lnÐ31:1 ÐNlal1n8 6£ 9£ L£ 9£ g£ v£ ££ 2£ I£ O£ 62 92 L2 92 !;f2 v2 £2 22 I2 02 6I 91 LI 91 !;fl vI £t 21 II OJ 6 9 L 9 ç v £ 2 I 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 ª- \w ...., 302.5 Rodent harboraae. All structures and exterior property shall be kept free from rodent harboraqe and infestation. Where rodents are found. they shall be promptly exterminated by approyed processes which shall not be injurious to human health. After extermination. proper precautions shall be taken to eliminated rodent harboraqe and preyent reinfestation. For the purposes of this section. the term "rodent" shall not include squirrels. This section shall not apply to exterior property zoned AG-1. AG- 2.5. and AG-5. 3. Section 302.7 (Accessorv Structure) shall be amended to read as follows: 302.7 Accessarv Structures. All accessory structures. includina detached aaraaes. fences and walls shall be maintained structurallv sound and if) aood repair. except that the provisions of this paraaraph shall not apply to any bona fide aaricultural operation in the AR-1 zonina district and anvarea zoned AG-1. AG-2.5 orAG'"5. 4. Section 303.2 (ProtectivetreatmenH shall béal11énded to read as follows: 303.2 Protective treatment. All exterior s~rfaces. includi~9b~tnotHl11ited to. doors. door and window frames. cornices arches trim balconie· ks and fences shall be maintained in a structurall;s6&r:klånd 0 eratiO Condition. Exterior wood surfaces other than dêCa -res s shall be rotected from the elements and deca b aintin öröther protecti verina or treatment. Peelina. flakina and chipped paint over a substantial poftÎonofthe exterior surface shall be eliminated and surfaces reDaintéd,AII sidinQand masonry ioints as well as those between the buildina en\fêl6oe a:Î1\( the perimeter of windows. doors. and skvliahts shall be maintained weatherresistãr\tand water tight. All metal surfaces subiect to rust or corrosion shall be coatèdto inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. The followinasections of Chapter 3. of the International Property Maintenance Code. 2000 edition. areherebv deleted from applicabilitv as described in Section 13.09.01: -------------------------------- Underline is for addition Ctlil{{. ThlôtJAl1 is for deletion underline/3bike thro~gn and redline is change from 517/02 Ordinance No. 02,OO5d Draft #2 Page 4 PRINT DATE: 05110/02 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 4. 5. 6. 7. 8. 9. 1.Q., 11:. 12. 13.09.03 \w. ..." Section 302.2 Section 302.4 Section 302.6 Section 302.7.1 Section 302.8 Section 303.14 Section 304 Section 305 Section 306 Gradinq and drainage Weeds Exhaust Vents Gates Motor Vehicles Insect Screens Interior Structure Rubbish and Garbaqe Extermination CONFLICTING PROVISIONS WITH OTHER CODES OR REGULATIONS OF THE COUNTY In the event that there is a conflict between any reaulationcitedin this Section and any other requlation of the County found in the St. Lucie CountvLand Development Code. S1. Lucie Code and Compiled Laws or the Florida Buildinq Code. the stricter of the two standards shall apply. PART B. **.****.******************** CONFLICTING PROVISIÖNS. Special acts of the Florida legisla...t.u.......·..fè applic~.b.··......I..e............ only to....'.l.I.·,....pincorporated areas of St. Lucie County, County ordinances and COYBty;,r;esolution~ffij~~~J:¡,a~J)thereof, in conflict with this ordinance are hereby superseded by this Ordinance to thø;f:í.xtØntofsuch conflict. PART C. SEVERABILITY. If any portionofthiS.~r~¡ºªn8~is foranyreason held or declared to be unconstitutional, inoperative, or void, suchhöldingsh~lIl"Iºtªffect the remaining portions of this ordinance. If this ordinance or any provision thereof sha:!lþebØldto be inapplicable to any person, property, or circumstance, such holding shall not affect it$~þþUcability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This'ordinancesl1¡;:i1lbe applicable in the unincorporated area of St. Lucie County. Ordinance No. 02-005d DraH #2 -------------------------------- Underfine is for addition ülril(ð TIII'ð~!l1 , is for deletion underfinel ðtlil,ðll"o~ghandredline is change from 517102 Page 5 PRINT DATE: 05110102 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 \w ...I 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. 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: Chairman Doug Coward Vice Chairman Cliff Barnes Commissioner JohrrD. Commissioner Paula LeWis GommissionéÍ'Frännie xx PART H. CODIFICATION! Provisions of thisordina.r)ce. shall bêincorporated in the St. Lucie County Code and Compiled Laws, andthéWord"Ordihàr)þe"may be changed to "section", "article", or other appropriate word, and the sections of this Qrdinance may be renumbered or relettered to accomplish such intention; provided, however, that pa.rtS.,Bthrough H shall not be codified. PASSED AND DULY ENACTED this _ day of .2002. -------------------------------- Undertine is for addition Strike Thl'ðt:lnh is lor deletion undertinel ðt¡j¡õ lI"ðtl~h and redline is change from Sf7I02 Ordinance No. 02'005d Draft #2 Page 6 PRINT DATE 05110102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 '-' ATTEST: 'WI .~ ":'1 ~." BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: Ordinance No. 02-005d Draft #2 -------------------------------- Underline is for addition St. ike Throtl~h is for deletion underlinelelliket¡,l'OtI~h.andredline is change from 517/02 Page 7 PRINT DATE: 05110102 \.r "1 ~ I ' u nternatl- na Prop~erty jVI~ i t r~arl ode ...." INTERNATIONAL CODE COUNCIL. ~. "··n"_.___._.._~_____ \w "WI First Printing Publication Date: November, 1999 [SBN # 1-892395-32-0 COPYRIGHT © 1999 by INTERNATIONAL CODE COUNCIL, INC. ALL RIGHTS RESERVED. This 2000 International Property Maintenance Code is a copyrighted work owned by the International Code Council, Inc. Without advance written permission from the copyright owner, no part of this book mny be reproduced, distrib- uted, or transmitted in any form or fry any means, including, without limitation, electronic, optical or mechanical means (by way of example and not limitation, photocopying, or recording by or in an information storage retrieval system). For information on per- mission to copy material exceedingfair use, please contact: President, International Code Council, 5203 Leesburg Pifæ, Suite 708, Falls Church, Virginia 22041-3401. (Phone 703-931-4533). Trademarks: "International Code Council," the "International Code Council" logo and the "International Property Maintenance Code" are trademnrks of the In.ternational Code Council, Inc. The "BOCA" logo is a trademark of Building Officials and Code Ad- ministrators International, Inc. The "ICBO" logo is a trademark of the International Coriference of Building Officials, The "SBCCI" logo is a trademark of the Southern Building Code Congress International, Inc. Published in cooperation with: BUILDING OFFICIALS AND CODE ADM[NISTRATORS INTERNATIONAL, [NC. 4051 West Flossmoor Road . Country Club Hills, Illinois 60478-5795 (708) 799-2300 INTERNATIONAL CONFERENCE OF BUILDING OFfICIALS 5360 Workman Mill Road . Whittier, California 9060[-2298 (562) 699-0541 SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC. 900 Montclair Road . Birmingham, Alabama 35213-1206 (205) 591-1853 PRINTED [N THE U.S.A. '- 'WI CHAPTER 3 GENERAL REQUIREMENTS i SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with I these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or pemút another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit are respon- sible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises which they occupy and control. 36+.3 V~ structures and land. All vacant structures..aøti premises thereof\Jr-wc~d shall be maiRæineaïñ"a clean, safe, secure and sanitary cÇDdj.êon~vi~herein so as not to cause.,!..hlightingproblem or adversely 8ffèct ttrc-pubJic àeIIftn or safety. ~ 5é~ Am;..~!) ~.<.cholol '~.ðq. [)2. (A)(I ) SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such oc- cupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous I conditions, /, f j f i 3~Rodent harborage. All structures and exterior pr~~ shall be ke¡ïrfrec fr~dent harborage and infe~n. Where rodents are found, they shall ~ptlrëXterminated by ap- proved processes which wi+l11ot be inj'iiì·tt:ms to~an health, After exte~ati'5íí.'Proper precautions shall be taken to~i- ~odent harboraf!e and prevent reiofestatjQ.I, ) ..¿~ i\w\~",I\)~ ~~c-"tìð...j '~...:¡.'Lo7..{Jt 2. -~ 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® ::~,::' a¡ij~"~nt pllhlic or private prop''',)' sr t!,1It uf anõt:r 3~.7-A.cc.essoQ: structures. All accessory structures,ffielud- ing detached garagcsJences aOO WalIs, shall~uç JII"';lItaiRed struetu,J1ty soüñd and in good repair. ~.::'- S;dr.0 (1 Oq,DZ.~) 302.7.2 Swimming pools. Swimming pools shall be main- I tained in a clean and sanitary condition, and in good repair. I I 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. SECTION 303 EXTERIOR STRUCTURE 303.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. ~ Preteetive-keatm8Ri.-AII e~or surfaG8&; inc¡,¡ding but IIQ1. limited to, doors, door and window frames, c~es, porche~m, balconies, decks and fences shall be 91aintained I in good condition. Exterior wood surfaces, other1han decay- resistant woods>sball be protected from th,ÿelements and de- cay by painting o?-other protective cû'\léring or treatment. Pee]ing, flaking and chi~ paint sþlrll be eliminated and sur- faces repainted. All sidi~g ~IU!I'Sonry joints as well as those bctwcen the building enve!9Pe aD\i,~e perimeter of windows, doors, and skylights shØe main~ai~weather resistant and water tight. All me!;ù surfaces subject to rust or corrosion shall be coated to i!\lli6it such rust and corrosion~d all surfaces with rust 9J^0rrosion shall be stabilized and eo~d to inhibit future rrßI. and corrosion. Oxidation stains shall be r~ved frgll'! exterior surfaces. Surfaces designed for stabilizatio~y A'1Xidation are exempt from this requirement. 5£~ £:::.c.-tlu~ 13. ðC¡.D 2.. LA )( 4) 9 '-' [F] 303.3 - 304.5 [F] 303.3 Premises identification. Buildings shall have ap- proved addre~s numbers placed in a position to be plainly legi- ble and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum strokc width of 0.5 inch (12.7 mm). 303.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 303.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be I kept in such condition so as to prevent the entry of rodents and other pests. 303.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 303.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 303.8 Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 303.9 Overhang extensions. All overhang extensions includ- ling, but not limited to canopies, marquees, signs, metal awn- ings, fire escapes, standpipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- ing materials, such as paint or similar surface treatment. - 303.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 303.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 303.12 Handrails and guards. Every handrail and guard shall be finnly fastcned and capable of supporting nonnally imposed loads and shall be maintained in good condition, 303.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 303.13.1 Glazing. All glazing materials shall be maintained free from cracks and holes. 10 ~ GENERAL REQUIREMENTS 303.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. Exceptio . creen doors shall not be required w other d means, such as air curtains or insect repellent 303.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units, rooming units and guestrooms shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 303.16 Basement hatchways. Every basement hatchway shall I be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 303.17 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, stonn windows or other approved protection against the entry of rodents. 3I:CTION 364 INTCRlOR STRUCTURE 304.4 Stairs d walking surfaces. Every stair, r p, landing, I balcony, ch, deck or other walking surface sha be main- tained ir ound condition and good repair. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® '-' GENERAL REQUIREMENTS SCCTIOU JaS RUBBl311 Arm GAROAGC operty and premises, and the interior of every stmcture, s be cc from any accumulation of mbbish or garbage. 305.2 'sposal of rubbish. Every occupant of a struc re shall dispose 0 II rubbish in a clean and sanitary manner y placing such rubbis in approved containers. 395.2.1 Ru ish storage facilities. The 0 er of every oc- cupied premis shall supply approved vered containers for rubbish, and t owner of the premi s shall be responsi- ble for the removal f rubbish. SE:STION 39& CX'FCFlMIN.~.TION 306.2 Owner. The ner of any slructur all be responsible for extennination withi or to renting or leasing the structure. 2000 INTERNATIONAL PROPERTY MAINTENANCE CODE® ...., 304.6 - 306.5 11 '-' ....¡ ----', - ~\ , /',OJ\I~I) OF COUNTY COMMI.')SrONFRS sr LUCIE COUNTY, FLORIDA ~:: ;; . ~-¡ ; , IŒCU[,AR MEETING ----~----- ~------- -_._-~--- í C( ¡ '-----------.- -- ~-_..~<,~j D,l(C ¡VIay 7, 2002 Tape: 1,2 Convcncd: 7:30 P,Il1, Adjourned: 9:45 p.m. Commissioners Present: Chairman, Doug Coward, 101m D. Bruhn, Frannie Hutchinson, Paula A. Lewis, Cliff Barnes Others Present: Doug Anderson, County Administrator, Robert Bradshaw, Asst County Administrator, Dan McIntyre, County Attorney, Pete Keogh, Leisure Services Director; Bill Blazak, Utilities Director, Dennis Murphy. Asst. Commtmity Development Director; Paul Phillips, Àirport Manager; Marie Gouin. Interim Management & BudgetManager; Ray Wamy, Public Works Director; SuSan Kilmer, Library Manager; Scott Herring, Road & Bridge Manager; Gertrude Walker, Supervisor of Elections; Deputy Williarn.s"J:"..auri Heistermann, DeputyClerk L/ /A. Draft Ordinancc No. 02-005/Amending the St. Lucie County Land Development Code by Creating Section 13.09.00, Existing Property Maintenance Code, to provide for adoption of Chapter 3, General Requirements of the 2000 International Property Maintenance Code - No Specific Action is required by the Board at this time. This meeting is for the purpose of accepting public comments and tcstimony and providing any direction to amend or otherwise modi Iy this draft ordinancc. The second f1l1hlic herlring will be held on May 21, 2002, at 7:00 p.rn, or as soon tllC:n:alkr as possibli:, COMMUNITY DEVELOPMENT Dennis Murphy, Community Development Director presented the draft ordinance, No. 02-005 to the Board. He stated that this draft ordinance would establish a minimum exterior maintenance for all structures in the County. He infonned the Board that they used Chapter 3, General Requirements of the 2000 International Property Maintenånce Code as a gUide and amended it to St. Lucie Counties existing codes to avoid conflict and redundancies. The Community Development Director reviewed the deletions to Chapter 3, General Requirements of the 2000 International Property Maintenance Code with the Board. \.,.. ..., J(MIW OF COUNTY COi'v1MISSIONI':RS ST. UJCIE COUNTY, I''U)RIUA ,- :J ,.; 1'), I~EGULAR MEETING c, --------------- _._--_._-~- c_. __~~__ - - - --~---- ~ '----- Dalc. May 7, 2002 Tapc: l,2 Convcncd: 7:30 p.m. Adjourned: 9:45 p,m. Commissioner Barnes asked that in a rental unit if the tenant or the property owner would be responsible for exterior maintenance. The Commu!1ity Development Director stated that the normal enforcement measure is to go after the property owner and referred to section 301.2. Commissioncr Barncs stat9d .thathe felt that a lot of the exterior maintenance problems exist with rental properties. H~~ke,rfot'~iarification on who this exterior maintenance code would apply to. , . - . The Comrimnity DevelopÍnentDirector stated that this would apply to the unincorporated jurisdiction of this Board. Commiss,ioner Coward stated that it would be interesting to see how the Cities existing codes relate to this proposal. Commissioner Bruhn asked if it would be too restrictive to apply the exterior maintenance codes to just rental properties. The County Attorney stated that if the County could establish that thc primary problems with exterior maintenance pertained to mostly rental properties that the maintenance code could specify that it only apply to rental properties. He stated that the safest way to handle an exterior maintenance code would be for it to apply to everyone. Commissioner Bruhn voiced his.'concerns with the póssibility of people abusing the exterior maintenance code based on a letter that he received fÌ'om Mr. Driscoll. Commissioner Coward stated that he received the same letter and the answer would be to have a standard that is applicable across the board. He stated that he felt that the exterior maintenance code should apply to everyone whether it is a rental or owner occupied. Commissioner Lewis stated that a lot orthe areas that the County had discussed in the past and had problems with have been eliminated from the exterior maintenance code draft. She stated that she felt that the code should apply to everyone equally. , -.~. ¡ J .......' ...., IWAIW 01: COUNTY COiv1MISSIONERS ST. UjCII': COUNTY, ¡:LO!ZIDA , ~~~,/ : IZI:c;ULAlZ iVŒL:TlNG , c. ,., i .---.-'..--.-------.- - .---.---------- L "__,.,-c_c·,~-~="=c~~,__~.._J ~ .> J "1""1 !);t[è: May 7, 2002 Tape:l,2 Convcncd: 7:30 p.m. Adjourned: 9:45 p.m. Commissioner Coward stated that one of the issues that was raised before, dealt with thé enforcement of the ordinance. I-Ie stated one of the previous problems that was addressed was intmsion into the interior of the home. I-Ie asked for more detail on how this would affect both the access to the inside of the building as well as the process for the exterior. The Community Development Director stated that as he reads the ordinance it prohibits them from doing ~nythiI1,g inside. The only time they. would have an inside issue is if there was an unsafe structUre issue or a housing code violation. He stated that the process would be the same as any other code enforcement action. They receive a complaint about a particular parcel, go out and do an inv~stigation from the street and begin to write it up. Commissioner Hutchinson asked who would be determining theguidclincs. The Community Development Director stated that there would need to be a degree of professional judgement. _._~ Commissioner Barnes stated that there is also a code board that violators can go through to appeal and the code board could make a determination that the property owner did not violate the ordinance. Commissioner Coward stated that the Board has worked diligently on the staffing of Code Enforcement Officers. He asked ifthere would be sufficient staff to handle the additional standards of the exterior maintenance code and voiced some concerns. The Public Works Director stated that they had requested two additional Code Enforcement Officer positions in the proposed budget for next fiscal year. Commissioner Barnes stated that the County could also hire a Special Master to hear the cases instead of the Code Board. Commissioner Bruhn voiced his concerns about the drainage portion of the ordinance and chipped paint. \.,r ..., !JOM~D 0[: COUNTY COMMISSIONERS ST. LucrE COUNTY, FLORfDA -.-..._...._~-- :-~, 1 -; : ~;: v' -' ~ __,I IŒ(;UI"/\R fvIELTING :., J ,':....-,"- c. ~-~. --~~.._--_.- -- --- ------------.--- ---'-----~-- Date May 7, 2002 Tape: I ,2 Convened: 7:30 p.m. Adjourned: 9:45 p.m. Commissioner Barnes stated there are numerous properties located on AlA that once this ordinance is adopted will keep code enforcement officers busy. They will not have time to worry about chipped paint I-Ie also asked that instead of having the ordinance apply only to rentals, make an exception to homesteaded property. This way it will apply to all property owners. The County Attorney stated that if you could establish in the record that the problem is not homesteaded property you could make an exception. He reiterated that it is safer to include all properties. Commissioner Lewis stated that i[homesteaded properties are not a problem then why would you exempt them [rom the ordinance. Commissioner Coward stated that he did not like the concept of a double standard. The key to making this useful is [or it to deal with the most serious cases. Commissioner Lewis voiced her concerns on the misuse of the Exterior Maintenance Code, however she does not feel that it should be something that is held up because there are people that will abuse the system. Commissioner Hutchinson reiterated her concerns with the guidelines on detennining what is a violation and what is not. She also stated that if this deals with the unincorporated portion of St. Lucie County this will apply to Agricultural property and with the size of agricultural parcels the property owner wjlI not be able to fix or keep their fences painted as the ordinance states. The Public Works Director stated that typically from a Code Enforcement stand point they take photographs from the right of way or adjacent property. They do not enter the violators property. He also stated that as far as applying this to renters verses homeowners, the 3 worst code enforcement violations in St. Lucie County history has been with homeowners. Commissioner Barnes concurred with Commissioner Hutchinson. Commissioner Coward stated that he thought that the Board had made previous recommcndations that dealt with this issue and there were recommendations that this ordinance be adopted for lots of 5 acres or less. The Community Development Director stated that thc only thing the Planning and Zoning Board placed restrictions on was, 30202 road harborage, this section does not apply to agricultural parcels. CmrentIy (he way (he ordinance is written, with the exception of section 30202. it applies to all of the unincorporated area of St. Lucie County. '-"' ....I .~ I\OAIW 01, UHI:\JTY COMìvl[SS¡ONEIZS ST. UJC!L COUNTY, ¡:LORID!\ ,- :) [Z[GULAR iv!EETING C,· ---~---------- ~---'-----'- Date: May 7, 7.002 Tape: 1,2 PUBLfC COMMENT Convened: 7·:JO P,I1l, AdjDurned: 9:45 p.m. Paul Driscoll - Ft. Pierce, requested that the mildew issue be stricken from the ordinance. Robert Beach - White City, requested that section 302.4, the length of the grass, be added back into the ordinance. He also stated that the ordinance shoúld include something that addresses excessive pealing and f1aking of paint Shirley Berlingham - North Beach, stated that she was in favor of the ordinance.' Pat Ferrick - spoke on behalf of the North Fork Property Owners. They voiced their concerns with Section 3,3.03.02, pealing and flaking of paint. They stated that they were against this section. Arlene Goodman - White CitY, voiced her concerns regarding the exterior maintenance of vacant properties. S"he also stated that she very concerned that there were no guidelines for making determinations on who should receive citations and under what specific condition the exterior should be in. Pat Ferrick - 4802 South 25th Street, voiced her concerns on how this ordinance would impact agricultural properties due to their large size, length offences, barnes etc. The Community Development Director reviewed the changes to the ordinance that had been discusscd. He stated that they would doublc check the city codes and address the fencing issue. Commissioner Lewis suggested that they put a size limit on the properties covered under the ordinance or zoning districts. The Community Development Director stated that staff would come back with a rccommendation to the Board regarding the limitation on parcel size as per Commissioner Lewis' comments, Commissioncr Coward statcd that another issue that came up was on page 4, section 303.2, pealing, f1aking and chipping paint. He stated that the ordinance should apply to the most severc cases. I-Ie rcqucstcd that staff rcword the section to indicate what constitutes a severe case, i.e. the majority of a surface. . ;.,..,..) i :..~j '"', """'" ..-_._-~ , , 11O¡\!W OJ: U )[iNTY COMMISS¡()NIJ~S ST. ¡,lJUI': COUNTY, FLORmA 5 c"-. ,-~~ ; ! i ,: I __~~..d__' _J I~L':CUI,^R MEETING "-- -- - ---- ----..-" .~_._-~._~~---------_.- l.....:-_~___ Date May 7, 2002 Convened: 7:30 p.m. Commissioner Hutchinson voiced her concerns with the ordinance and the way sections were worded. Shc had conccrns about staff entering properties. The Public Works Director stated that they do not enter properties, however there are occasions that require themJo enter properties, when there are disputes between homeowners and tenants. Commissioner Coward referred to page 9, section 302.6, ducts, vents etc. He stated that he had some concerns with this section ~nd did not agree with it. He stated that they should differentiate between commercial and residential. He is for the sections in the ordinance that address the exterior of a building and its condition being so bad that it affects the property values of the neighborhood. He recommended that some of the sections that are excessive be removed. Commissioner Barnes Concurred. Commissioner Hutchinson refelTed to section 302.7, accessory structures. She asked how this would affcct agricultural propcrties. Commissioner Coward stated that the agricultural issue needed to be addressed. I-Ie asked for a consensus from the Board. Commissioner Barnes addressed the vacant structure section, 301.3. He stated that he did not know how you could define vacant. He asked what they were trying to accomplish with the vacant buildings. The Community Development Director stated that we are dealing with a regulation that would refer to a structure being sound. No broken window and everything being in tact. Commissioner Coward asked for a consensus from the Board on the section tl}at pertained to pealing, flaking and chipping paint. He suggested some language that denotes the severity of it. Commissioner Barnes stated that common sense and discretion had to come into play when dealing with portions of this ordinance. Commissioner Coward statcd that the nonsense needed to be eliminated from the ordinance and that language needed to be added regarding the severity. It was the consenSllS of the Board to modify the Exterior Maintenance Code prior to coming back before the ßðard. , .""",. , '-' AGENDA REOUEST ITEM NO. ~ Date: May21, 2002 Regular [ X ] Public Hearing [ ] Consent [ ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attomey SUBJECT: St. Lucie County Art in Public Places Program - 2001-02 Public Art and Design Plan BACKGROUND: See C.A. No, 02-699 Funds will be made available in: FUNDS A V AIL. (State type & No. of transaction or N/A): Account No..665-731 0-563000-700 (SLC Arts in Public Places Trust Fund/Culture/Recreation) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed 2001-02 Public Art and Design Plan COMMISSION ACTION: [~APPROVED [] DENIED [ ] OTHER: 5-0 CONCURRENCE: r¡L,~ Douglas M. Anderson ""'- County Administrator County Attorney: ~ Coordination/Shmatures "--" .. - ZÆ¡J fnTY1~ Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, if applicable): ~ "wtII INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C. A. NO.: 02-699 DATE: May 17, 2002 SUBJECT: St. Lucie County Art in Public Places ("AIPP") Program - 2001-02 Public Art and Design Plan RArKGROTJNO' Attached to this memorandum is a copy of the proposed 2001-02 Public Art and Design Plan prepared by the Public Art and Design Committee in accordance with the Public Art and Design ("AIPP") Guidelines for the St. Lucie County Art in Public Places Program. The Plan was prepared with support from the County's AIPP Liaison in the Management and Budget Department. In accordance with the Guidelines, Board approval is required in order for the Plan to be included in the annual budget. The total amount allocated for public art through September 30, 2001 is thirty- one thousand eight hundred fifty-seven and 001100 dollars ($31,857.00). In accordance with the AIPP ordinance, the Plan provides for the following breakdown of the funds: Artwork (70%) $22,299.00 Program Support (15%) 4,779.00 Maintenance (15%) 4}779 00 Total $31,857.00 As set forth in the Plan, the Committee is recommending two AIPP projects for 2002: (a) the acquisition and installation of a sculpture at the St. Lucie County Marine Center Smithsonian Ecosystem Exhibit, and (b) possible restoration of the Night Train Mural commissioned by the County several years ago. In recognition of other joint funding efforts between County an the City of Fort Pierce for the Marine Center and the City's recent adoption of an AIPP ordinance, the Committee is recommending that the sculpture be a joint effort between the County and the City. The Committee has forwarded a copy of the proposed Plan to City staff in order to ensure they are aware of the Committee's recommendation. Proposed program support and community outreach activities include the development of a quarterly publication on the AIPP Program, a catalog of 1 ~ ...., public art in the County, and related mailings and publicity efforts. In looking ahead to the coming fiscal year, the Committee is also proposing that AlPP projects be considered for the South County Courthouse, the Walton Road Government Complex, and Parks and Recreation Department improvement projects. With regard to transportation projects, the Committee recommends continuing study of transportation corridors to identifY appropriate sites for artistic enhancements along sidewalks and bicycle paths. The Indian River Lagoon Trace Bike Path Phase I is specifically identified as an appropriate project for such efforts. Finally, the Committee recommends that AlPP funds generated fi:om eligible improvement projects at the S1. Lucie County International Airport be accumulated and used to commission artwork to represent the unique nature of the community to visitors to the airport. RRCOMMRNDA TTON/CONCT ,maON· Staff recommends that the Board of County Commissioners approve the proposed 2001-02 Public Art and Design Plan. Respectively submitted, '~åc Heather Young Assistant County Attomey Attachment HY/ Copies to: Concurring staff Deputy Clerk Press/Public 2 \.- ,.." S1. Lucie County Art in Public Places Annual Plan May 15, 2002 Introduction The S1. Lucie County Cultural Affairs Council is pleased to submit this Annual Plan for Art in Public Places to the Board of County Commissioners of S1. Lucie County. The plan is the work of the Public Art and Design Committee, a volunteer board of local citizens acting as advisors to the Cultural Affairs Council and the Board of County Commissioners. The amount of money that has accumulated in the Public art Trust Fund is very small for the past year. The Committee faced the problem of planning projects that will be visible and of the highest artistic quality with the limited funds available. The Cultural Affairs Council recommends that the County should pool much of the funding to commission highly visible public art projects at selected sites. We further recommend that we plan some of the projects so that funding for them may accumulate in the Public Art Trust Fund over a period. The first public art project will be at the S1. Lucie County Marine Center and Smithsonian Ecosystem site. We plan this project as a collaborative effort of the County and the City of Fort Pierce. Thousands of residents of the County and visitors will see this work each year. Collaboration with the building designers is not possible since the building is now complete. Fortunately, the building has locations for future artwork designed into the site. Proposed County projects that will enhance transportation corridors with sidewalks and bike paths will be targets for public art treatment for the next year. Improvements to water access are also prime locations for public art during the next year as funds become available. 1 ~ST. LUCE COUNTY MARINE CENTER AND ..." SMITHSONIAN ECOSYSTEM EXHIBIT Water View Location of Sculpture Garden ) Water View .----.~- Porch Parking Park '-' """'" St. Lucie County Marine Center and Smithsonian Ecosystem Exhibit Budget: $44,598 artwork (estimated $22,299 from County $22,299 from City of F1. Pierce) Program support: $1,200 artist honoraria for detailed proposals and models $ 400 artist honorarium for two-day residency at local schools $ 800 printing, mailings, advertisements (shared with City of F1. Pierce: $400 County, $400 City of Fort Pierce) Selection process: The commission is open to all artists. The selection panel shall solicit slides and qualifying information in order to select three artists to submit detaifed proposals along with a model of the artwork. The County will pay each finalist an honorarium of $400 for his or her proposal. The honorarium will come from the County program support portion of the Trust Fund. The selection panel will recommend an artist to execute the project. Site Description: The site is part of the historic Ft. Pierce waterfront on Hutchinson Is/and. It is on the corridor that leads to Hutchinson Island and the Beaches from the city of Ft. Pierce. Adjacent facilities include The S1. Lucie County Historic Museum, Indian River Community College Marine Station and the Smithsonian Marine Station. A river walk leads to the Ft. Pierce waterfront and cultural district across the Indian River. The facility houses the living reef exhibit of the Smithsonian Institution. The primary site for a three dimensional work of art is at the center of an intimate courtyard between the building and the banks of the Fort Pierce Inlet. It is at the north end of the transept of the cruciform site layout. There is a secondary site at the south side of the building, which could be a future location for public art. 2 '-" ..., Artwork specifics: The artwork should reflect the relationship that has existed historically between S1. Lucie County, the Atlantic Ocean and the Indian River Estuary. The artwork must be three-dimensional. We will consider any permanent three-dimensional medium with low maintenance. Special considerations: Because of the collaborative nature of this project, 81. Lucie County and the City of Fort Pierce will need to arrange legal agreements as to joint ownership and maintenance responsibilities. The artwork will be located adjacent to the F1. Pierce inlet about a half-mile from the ocean and will be subject to the corrosive forces of salt water, wind and sun. Proposals for artwork will be reviewed for special maintenance costs and permanence due to these conditions. Artist responsibilities: The artist will participate in community outreach and education through a workshop on his work in the context of art in public places. The artist will also serve a two-day residency in the S1. Lucie County school system. Timeline: The start-up of the art element and artist selection will wait for a final estimate of commitment of funds from the City of Fort Pierce. After funding is in place, the Public Art and Design Committee will solicit qualifications from artists. Artists on the short list will take up to eight weeks to submit detailed proposals. The Committee will make final recommendations after receipt of detailed proposals and the recommendation of the artist selection panel. Funding: The total funding for this project is not known at this time. The County will dedicate $22,299 to the project pending the determination of the allocation by the City of Fort Pierce. 3 '-' '-' COMMUNITY OUTREACH PROJECTS A public art program should be more than merely collecting and caring for a body of discrete art works. We will pursue the goal of exposing people to art in everyday settings and educating them about what they see. This will be important as artists create new permanent works of art in our community. The best of public art inspires a sense of ownership by the community. We will achieve this by invorving the community in the processofsetectingart and a rtrs ts. Community representatives writ si-t on artist selection panels. With each new project, the County will sponsor a public presentation to acquaint interested people with our plans and there will be opportunities for the artst to meet the community. The first such public meeting will introduce local citizens to plans for the Marine Center. St. Lucie County presenUy has a collection of public art dating back to 1938. We can make visitors and residents more aware of these resources by the publication of a catalog of existing. public art in our community. As the County arico[[ection grows, we wi[[ publish new editiOrìS of the catalog. V\J'e wilt distribute the catalog to local schools, the Camber of Commerce, Tourist Development Council and County libraries. This part of the program wiff indude the promotion offhe preservation ofourexisting'cottection of pub tic art We plan to add the catalog to the County web site. VVe wm publish the first catalog in late 2002, after the completion of the first project. in our program. We also win publish a quarterly or semi-annual periodical about the visuaì arts in our community. This pubìication will offer information on exhibits, essays and reproductions of not only public art, but of local visual arts in general. It will document the progress of cur pub!:G art program. We will distribute the publication to local schools, the Chamber of Commerce, Tourist Development Council, bookstores· and County libraries. Subscriptions and private sponsorship are possible. 4 '-" ..., Field trips to public art sites by school children are not possible at the present because local budget cuts have eliminated all field trips in our school district. We intend to start up this part of our program in the future after funding for field trips is restored. 5 \wi ..., SPECIAL PROJECTS 2002 Blue Sky Mural Night Train The S1. Lucie Mural Society commissioned South Carolina artist Blue Sky to paint the Night Train mural in 1996 when that organization was a committee of the S1. Lucie County Cultural affairs Council. The Mural Society paid for the mural with community redevelopment funds. At the time of its creation, the mural was owned and maintained by the County through the stipulation of a two-year lease of the outer one-inch of the wall on which it was painted. The wall is the property of East Coast Lumber Company. During the years since the execution of the mural, the lease has reverted to East Coast Lumber Company. The mural is now in need of professional restorative work. Much of the work has faded from exposure to sunlight and there is damage from an attempt in 1998 to remove a graffiti tag from the painting. After acquisition of rights to the mural, the County should commission the restoration and maintenance of the mural after consultation with the artist. Either Blue Sky or local professionals under his direction should accomplish the restoration. East Coast Lumber Company now owns the mural. The Cultural affairs Council recommends that the County should take steps necessary to accession this significant work of art into the County Public Art Collection in order to care for it with maintenance and insurance funding from the Public Art program. The County will accomplish this by acquiring a long-term lease of the outer one-inch of the wall or some sort of easement in return for an agreement to maintain and preserve the artwork. Old Orange Avenue Post Office Mural King Osceola Holding Informal Court with his Chiefs By Lucille Blanche The oldest example of publicly funded art in S1. Lucie County is the 1938 mural King Osceola Holding Informal Court with his Chiefs by 6 '-' ....¡ Lucille Blanche. The Fine Arts Section of the United States Treasury Department commissioned the work during the New Deal era. The mural has historic and artistic significance. An observer can appreciate the historic significance of the work on two levels. First, there is the obvious detailed depiction of an imagined historic event and its aesthetic elements. There is also the historic context of the pictorial restrictions imposed by the conservative Fine Arts Section of the Treasury Department, which directed Blanche to paint a realistic mural that was a departure from her usual fanciful style. The mural is in fair condition for a work of art that has not been cleaned or restored for over sixty years. There is no major damage to the work but the image has become faded and minor specks and other discolorations are evident. In 1996, the Post Office planned to have the work restored at the studio of a professional conservator in Miami. Officials abandoned restoration plans after workers discovered that the mural is fixed to the wall. Federal officials closed the building in June after a collapse of some ceiling tiles in an unused area due to water leakage. The City of Fort Pierce has demonstrated a commitment to the ultimate preservation of the building. New budget restraints have forced the City to abandon legal action to compel the Postal Service to reopen the site. The federal government plans to sell the property. Private ownership of the building will complicate any plans for the restoration and preservation of the historic building and the first public art project installed in our community. Because of the importance of the Lucille Blanche mural, the Committee will monitor new plans for the site. The Committee will report to the Board of County Commissioners. We will take whatever steps become necessary to insure the preservation of the building and its historic mural. Artist Design Initiative The Committee recommends that artists be involved with the design of engineering and architectural projects even if the collaboration does not result in eventual works of art. 7 '-'" ...,¡ FUTURE PROJECTS FOR 2002 TO 2003 The Public Art and Design Committee discussed the following project locations and design concepts during our meetings over the past months. They will be the subjects of further analysis and recommendation as sites for public art funding based on visibility, appropriateness for public art treatment and availability of funds. The project concepts with larger budgets will wait for sufficient funds to accumulate. We plan to launch proposed projects with smaller budgets as soon as the Department of Management and Budget moves money for them to the Trust Fund. The Cultural Affairs Council will update the Annual Plan to include recommendations of these projects to coincide with the quarterly accounting of the Public Art Trust Fund. CAPITAL PROJECTS South County Courthouse Site Description: The South County Courthouse is located in the middle of the South County. There are opportunities for outdoor and indoor examples of public art. Artwork specifics: The context of the location suggests a judicial theme. The Committee is open to other creative design and thematic proposals from the artists. Special considerations: Recommendations for this project depend on future use of the site and availability of funding. Walton Road Government Complex . . S1. Lucie County is finalizing the purchase of property at the intersection of Walton Road and Federal Highway for the construction of a County government office building. Construction documents and permitting could be complete later this year. Although the project is in 8 \r' ..., its first phase, the potential for both murals and sculpture at the site is evident. Parks and Recreation Department Projects: Causeway Island boat docks North Causeway Improvements Walton Scrub Boat Dock Ocean Bay Beach Park Crossover Little Jim Bridge Boat Ramp Ft. Pierce Inlet Boat Launch Area Children's Environmental Learning Center Ocean Bay Beach Park Northport Marina Island Park South Causeway Park Improvements to County facilities that provide access and amenities for the recreational use of the Indian River and Atlantic Ocean offer opportunities for public art treatment. The Committee will analyze these sites for possible art treatment based on public visibility, projected numbers of visitors and aesthetic possibilities. We request further information about these sites from the County. During the coming months members of the Public Art and Design Committee will visit these park sites to evaluate future public art treatment based on public visibility, projected numbers of visitors and aesthetic concerns. TRANSPORTATION PROJECTS Pedestrian and Bicycle Appurtenances Special considerations: The Committee will study transportation corridors that allow pedestrians the opportunity to enjoy artistic enhancements while walking, jogging or bicycling. We will consider sites that that we can enhance with art with limited funds. 9 ~ ...., The Committee studied the Indian River Lagoon Trace and visited the site in late September during a field trip to explore transportation corridors. The project concept was the focus of discussion on how to approach roadway projects. In most cases, a typical intersection improvement or road widening may produce an unsuitable site for public art. Budget restraints may preclude a work of art visible enough to attract the attention of motorists. Pedestrian appurtenances, on the other hand, allow residents and visitors an opportunity to pause and appreciate art installations. The Indian liver Lagoon Trace narrative is a model design concept for a Transportation Capital Project. Indian liver Lagoon Trace Bike Path Phase I Site Description: The project consists of three miles of an eight-foot wide bicycle and pedestrian path along A 1A beginning at the Martin County line. The project is the first portion of an eventual link between Martin County and Fort Pierce by a continuous pedestrian path. Art along this corridor will provide a visual invitation to St. Lucie County for visitors from Jensen Beach and Stuart. Existing sidewalks along A 1 A near the County line are well used by residents and visitors and the proposed project will encourage Martin County residents to explore farther north. Special considerations: The artist will integrate his artwork into the sidewalk construction through free standing or embedded sculpture. Subsequent phases of construction whether should be integrated with the first phase by one or several artists. The artwork should represent the unique aspects of St. Lucie County. Airport Projects We recommend that the amount budgeted for AiPP be carried over in order to accumulate an amount sufficient to commission art projects appropriate to the role of the airport as an important transportation gateway to St. Lucie County. 10 ~ ...., Special considerations: The St. Lucie County International Airport is an important gateway to St. Lucie County. The work of artists at the St. Lucie County International Airport will serve to represent the unique nature of our community to visitors. Recommendations for this project depend on future use of the site and availability of funding. 11 ~ s: () 0 (j) Ci5 » C () () - » C » ;;0 r m r - "'D r 0 - r m » (j) ;;0 C Z 0 r ;;0 m "T1 -< m 0 "'D "'D Z C C C (j) (j) CD CD r ~ s: r Õ » Õ r ~ r E » ~ z ;;0 ð (j) - z ð (j) () z » 0 0 ~ Z r ~ 0 r m m (j) "'D () r :-I C - 0 r CD ð "'D C C z s: Q () m ~ Ô z m » - () ;;0 'S 0 ;;0 ;;0 C -< Z (j) - ~ - -< m ~ s: 2:! » 0 ;;0 - I- Ci5 Z (j) m C () m m S!? z - m ;;0 ..... ~ ~ ~ ~ .þ. ..... '" :..,¡ CJ1 W CD "0 w -. 0 0 0 CD (C 0 0 0 0 0 0 0 0 0 0 0 0 0 "C ;;0 o G') ~ :s:: en C "'D "C o ~ » z c o o :s:: :s:: c: z ::¡ -< o c: - ;;0 m » o :¡: '-õ (jj 0 () (j) C (j) r ffi "'D - r C m ;;0 ;;0 m m en z - (j) 0 ~ ~ r ~ ð z ð 0 z .,., ~ ·z G5 (j) :::r :-I - r - C ~ () m z () s: 0 C C ~ Z - r -< s: » ::!! - z m (j) - ~ ð z - - l- i- I- - ~ ~ ~ .þ. ..... w :..,¡ Í'v ë.n -. .þ. w CD 0 (C 0 0 0 0 0 0 :s:: » Z - m z » z o m '0 ëñ » () ;;0 C ;;0 r d "'D - < C m ;;0 ;;0 m "T1 Z 0 en ;;0 ~ 0 r - r :::r ~ m ;;0 ð m z r ~ m s: m en z :-I ~ r C 0 () "T1 m "'D () ;;0 0 0 C (j) Z ~ - -< s: s: » ::!! - z m () m z - m ;;0 - l- t- i- ~ N N N CD CD 0 0 ~ ~ ~ .þ. '" '" :..,¡ ".....¡ ·0 -. -. 0 CD (C 0 0 0 0 0 0 0 ~ ~ ~ .þ. ..... W ':..¡ Í'v ë.n -. .þ. W CD 0 (C 0 0 0 0 0 0 ...., "'D 0 C ~ CD r "T1 Õ - » CD ;;0 C - 0 » (j) r m r - 0 "T1 () 0 ~ ;;0 (j) 0 :-I z r - C :::r () ;;0 m 0 C () (j) 0 :::r C en z - m -< "'D - » m ;;0 s: - CD z m ;;0 "0 '" C 0 CD 0 r ..... Õ "0 ç: () m (j) ..... () »- ro w ()- .... C» 'Co ç:r UI -» -. -;;0 0 O- 0 z ~ » '" ;;0 CJ1 '" ~~ ::::: Í'v <D CJ1 -- <D o 0 '" 0 ;;0 0 0 ^ 0 '" ~ (j) C"'D "0;;0 "'DO .þ. O(j) --. ~~ -. (C 0 a;s: 0 ~ 0 ~ s: » Z .....- CJ1m .þ. ~Z ".....¡ o » -. z (C () 0 m 0 '-' ...., BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA May 21.2002 CONSENT AGENDA Court Administration ; C-A.l Network Routing Equipment - Consider staff recommendation to approve Equipment Request No. 02-216 and Budget Amendment No. 02-134 to allow Court Administration-Information Technology to purchase network equipment in the amount of $3,587. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action tðken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings \IlÌU be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community SeNices Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. .- /' ~ . '" AGENDA REQUEST ~TEM N~ IP8 DATE: May iJ, 2002 REGULAR X PUBLIC HEARING [] CONSENT ~ TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: The Links at Savanna Club - Subdivision Improvement Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CONCURRENCE: [~ APPROVED [ ] DENIED [ ] OTHER: 5-0 ~~ Douglas Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept, Public Works 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. 02-666 DATE: May 6, 2002 SUBJECT: The Links at Savanna Club - Subdivision Improvement Agreement ---------------------------------------------------------------------- ---------------------------------------------------------------------- BACKGROUND: Culpepper and Terpening, Inc., (C&T), is the civil engineer for a development known as The Links at Savanna. Lot corner markers are required to be set before the recording of a plat. In accordance with requirements of the Land Development Code, C&T is required to supply with County with a cashier's check in an amount representing 115/0 of the estimated cost of the improvement. C&T has provided the County with a check in the amount of fifteen thousand seven hundred thirty-two and 0/100 ($15,732.00) dollars (copy attached). RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Subdivision Improvement Agreement and Authorize the Chairman to sign the Agreement. ~ ....., THE LINKS AT SAVANNA CLUB SUBDIVISION IMPROVEMENT AGREEMENT (LOT CORNER MARKERS) THIS SUBDIVISION IMPROVEMENT AGREEMENT, is entered into this day of , 20_, by and between CULPEPPER & TERPENING, INC. (the "Developer"), and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). WIT N ESE T H: WHEREAS, the Developer is commencing proceedings to effect a subdivision of land in St. Lucie County; and WHEREAS, the Developer intends to record a certain plat of a subdivision in St. Lucie County, Florida, to be known as The Links at Savanna Club (the "Subdivision"); and WHEREAS, subdivision and platting ordinances of St. Lucie County establish procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, requiring the installation of certain improvements and providing penalties for violations among other things; and WHEREAS, a final plat of a subdivision within the unincorporated area of St. Lucie County shall not be recorded until the Developer has installed the required improvements or has guaranteed, to the satisfaction of the County, such improvements will be installed; and WHEREAS, the required improvements of the Subdivision are to be installed after recording of the plat under the guarantees posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, and to gain approval of St. Lucie County to record said plat, the Developer and County agree as follows: '-' .....,¡ 1. COMPLETION OF REQUIRED IMPROVEMENTS. The Developer agrees to satisfactorily complete the required improvements for the above referenced development within twelve (12) months from and after the recording of the above referenced plat according to the plans approved by the County Surveyor. The required improvements are setting the lot corners on the 228 lots within the Subdivision as set out in a letter dated April 24, 2002 from Richard M. Ladyko, P.E., which is attached as Exhibit "A". 2. SECURITY. The Developer, in accordance with the requirements established by the St. Lucie County Land Development Code, agrees to supply the County with a cashier's check in a form acceptable to the County Attorney in the amount of fifteen thousand seven hundred thirty-two and 0/100 ($15,732.00) dollars representing 115ïo of the estimated cost of the required improvements as submitted by the Developer's engineer and approved by the County Surveyor 3. REDUCTION OF AMOUNT OF SECURITY. The amount of the security may be reduced once during the term of this Agreement upon the completion of a portion of the required improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100ïo) of the cost of completing the remaining required improvements plus fifteen percent (15ïo) of the total cost for construction of all the required improvements. 4. SUPERVISION OF CONSTRUCTION. The required improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Surveyor with a certificate of satisfactory completion for approval. 5. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event said required improvements are not constructed within twelve (12) months from the date of the recording of the above referenced plat, the County shall have and is hereby granted the right to cause the required improvements to be made and to use the security provided herewith for G:\atty\agreernnt\Links at Savanna Club 2 '-' ~ payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement and the provisions of the St. Lucie County Land Development Code. In the event of Developer's failure or refusal to construct and install the required improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Surveyor. 6. RELEASE OF SECURITY. Upon completion of construction of all required improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the regulations set forth in the St. Lucie County Land Development Code. When the improvements have been certified by the Developer's engineer, the County Surveyor shall inspect the improvements. If all required improvements are completed to the satisfaction of the County Surveyor, the County Surveyor shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security shall then be released in accordance with Section 11.04.01 of the St. Lucie County Land Development Code. 7. RECORDATION OF PLAT. Following execution of this Agreement by both parties and approval of the form of security by the County Attorney, the County agrees to record the plat of the above referenced Subdivision at such time as the plat complies with the subdivision and platting requirements set forth in Section 11.03.00 of the St. Lucie County Land Development Code. 8. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by G:\atty\agreemnt\Links at Savanna Club 3 '-' ,...,¡ written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: CULPEPPER & TERPENING, INC. BY: Print Name: Title: G:\atty\agreemnt\Links at Savanna Club 4 '-' Consulting Engineers · Land Surveyors 2980 South 25th Street . F1. Pierce, FL 34981 (772) 464-3537 . Fax (772) 464-9497 www.ct-eng.com Sender's Email: rJadvko@ct-ene.com April 24, 2002 Job 00-18 VIA: HAND DELIVER Mr. Ray Wazny, PE Director of Public Works St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: Savanna Club Phase V Record Plat - Lot Corners Surety Instrument Dear Mr. Wazny: Enclosed, please find a check in the amount of $15,732.00 payable to the St. Lucie County Board of County Commissioners for the cost of completion of the setting of lot comers subsequent to the recordiJ;lg of the Record Plat. Please be advised that the amount in the above paragraph represents the cost of the setting of the lot comers at a rate of $60.00 per lot on the 228 lots within the subdivision plus a 15% contingency on top of that. The cost of the setting of the comers is $13,680.00 plus a 15% contingency of $2,052.00. I hereby certify that the above cost is a reasonable and accurate reflection of the cost associated to complete said work. If there are any additional questions regarding this matter, please do not hesitate to contact our office. Very truly yours, CULPEPPER & TERPENING, INC. ~,,;D ~ Richard M. LakJE.- - Vice President of Engineering Fla. Registration #34288 RML:pw Enclosure cc: Joe Gaynor P:\Proj-2000\OO-18 Savanna Club Phase V\corr\bn\OO18-waz.ny·bond.doc \w ...,J NOTICE TO CUSTOMERS The purchase of an Indemnity Bond will be required before this check will be replaced or refunded in the event it is lost, misplaced or stolen. RIVER~TDE NMIONAt'"CY"BANK ,,- 2'i!11 OIŒECHOÐEE ROAD FORT PIERŒ. A.ORIDA 34950 317817 63- 1 , 14/670 REMITTER Culpepper & Terpening DATE "4/25/02 PAY TO THE ORDER OF St. Lucie County Board of Commissioners RIVERSIDE NATL BANK I $ 15.732.00 'JÜ' ,:~'.. fllt/'I' ·":W ¡....'I ,:::'" .~" ItU~1 ,dl1ll ", I, II th" ,.,1. . "',, I".,J I;, "",I ,1:"" .j,' ""I. 1l1I1! In},J i::'r.::' DOLLARS tð æ:::: AUTHORIZED SIGNATURE CASHIER'S CHECK bw 101 II' 0 0 :\ I. 7 a I. 711' I: 0 ¡; 70 ¡, ¡, ¡,... 21: _dd4k_~~ o 1.000 ¡, :\11'0 I. 01. \w ...,,¡ DIVISION OF 'C'......- --- MEMOF 02 P&~. ~~ ~:§~:~::~{ S<J--V /tvJV 8W~·'-·'-"'-'" ....-...-.-.-...-.-.-...-...-...-.-.-.+.-.-.-...-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.".-.-..; ::-=.:.=.:.=-:-;:¡.:.::.:.:::-::-:-::-:-::.:-=-:-::.:-;:¡.:-::.:.::-:-::-:.::-:-::-:-::-:-::-:-::-:-::-:-::-:-::-:-: +.-.-.-.-.-------.-----.-.-.-----_....".---_...- -- -- -- - - -- ---+ - - - - - - - - - - - - - - - - -. - - -- - - - - - - - - - - - -. .".---.---.--".---.---.---.--"."--.---.+-+.---.--+.---."--.---.---.---.---."--.---.---.-------.-- TO: Dan McIntyre, County Attorn)Y ~J. Ron Harris, County surveyor~~ FROM: DATE: April 29, 2002 SUBJECT: The Links at Savanna Club Surety Agreement Lot Corners Markers Pursuant to Chapter 177.091 paragraph 9, Florida Statutes, Lot corner markers are required to be set before the recording of the plat. The markers are considered improvements and may also be bonded. Please prepare the necessary agreement with Culpepper and Terpening, Inc. I have attached the following information; 1. The company's signed and sealed estimate for the required improvements. 2. Cashier's Check. cc: Ray Wazny, P.E., Public Works Director Don West, P.E., County Engineer File y \w ....I Agenda Request Item Number Date: 1 May 21 , 2002 Consent Regular Public Hearing Leg. [ I [ ] [ x ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development Dept. SUBJECT: Consider Final Record Plat approval for the "Savanna Club Plat NO.5" BACKGROUND: On May 14, 2002, the Board of County Commissioners continued this agenda item to the May 21, 2002 agenda in order to allow staff time to determine whether or not the infrastructure within the project are inspected and to answer other questions asked by Savanna Club residents. On January 15, 2002, the Board of County Commissioners approved Resolution 02-024, which granted a Major Adjustment to an Existing Planned Unit Development approval for the portion of the Savanna Club PUD/DRI known as Phase V. The Phase V parcel is located at the west/central portion of the Savanna Club project. This phase of development includes 228 residential lots and a five-acre clubhousp. parcel. All required subdivision improvements (infrastructure) have been completed and certified to the County. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Rnal Plat for the "Savanna Club Plat NO.5" and authorize staff to complete the final processing of this Plat. ,..¥-, COMMISSION ACTION: L.=J APPROVED· CJ DENIED D OTHER '1-0 ~NCURRENCE: / C-.-z~ Douglas M. Anderson ~ County Administrator County Attorney Originating Depl.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: ... '-' ..,,¡ COMMISSION REVIEW: May 21,2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 15, 2002 SUBJECT: Consider Final Record Plat approval for the "Links @ Savanna Club" (a/k/a Savanna Club Phase V) On January 15, 2002, the Board of County Commissioners approved Resolution 02-024, which granted a Major Adjustment to an Existing Planned Unit Development approval for the portion of the Savanna Club PUD/DRI known as Phase V. The Phase V parcel is located at the west/central portion of the Savanna Club project. This phase of development includes 228 residential lots and a five-acre clubhouse parcel. All required subdivision improvements (infrastructure) have been completed and certified to the County. On May 14, 2002, the Board of County Commissioners continued this agenda item in order to allow staff to determine whether or not the infrastructure within the project is expected and to answer other questions asked by Savanna Club residents. At this time, staff has, determined that the infrastructure was not inspected but the county accepted the engineering certification that stated that the projects infrastructure improvements are constructed in accord with all county standards. Staff is continuing to research the additional questions and will be prepared to provide answers at the meeting of May 21, 2002. Staff recommends that the Board approve the Final Plat for the "Links @ Savanna Club" (a/k/a Savanna Club Phase V) and authorize staff to complete the final processing of this Plat. If you have any questions, please let us know. SUBMITTED: ilk ~ ~~s ~~ Dennis J. Murphy, AICP ~ Community Development Director ® ¡'if Ii. If Ii ~,., J. JIliI ~I !~ J H 'I Jr n .[ ~r ¡t Jt ,I 1 CD, If '-' f ~~Hml - . -r I.. I ,I Iii" ! "tl 1 r , ¡' l' 111 1~; -< , - ¡I 1'1 ¡ ¡ ¡' 11 ; .I 1<[ ¡ ì I: '1~ ¡ il n' : !¡ ;j! ,¡/ I'! ~ .. ~ JI to ~ f t~ ;! tp" ~~ ~'-f ~/ ¡I, i ¡I! .r! j U t If h 1: ¡iF' m It!iï !¡ ~; ~ì[! ifš !I!! 1- I'f! I" /'1 !( H!H; : 'j I' !H_.! , r .'" . I' ¡¡Ii ¡I j': if ,1 i i: :..¡ I '[ '! j Ifi~ ì ;W J ['fl ,: !II, f" ¡1'~ if I o' rf 3'; : '!íj H1;j :~ '::t·!f ! .... . ~ t ~ ~mw . is¡-!,". Pr.::: ~ ~'l.~~~!.~ UHi~~ HHW ¡~;'H.i ~:'H~:~J d't.rfh n ;i;:i ~!~it! 8 ,,;..1~ ""'" :H ~ ;~;::~~: n '::ì ;;f ;;;,i·j ~ i;~ H~~ ~ H! 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CONSENT ITEMS BOARD OF COUNTY COMMISSIONERS MEETING 05/17/02 F7.ABWARR FUND 001 001131 001137 001140 001143 001243 001258 001265 001266 001267 001269 001271 001809 101 101001 101003 101006 102 102001 102104 105 - .., 001 107002 107003 113 114 116 117 119 121 123 127 136 140 140121 140309 140310 140312 140314 140322 160 183 183001 183004 184203 J ><4204 002 "'-" ST. LUCIE COUNTY - BOARD ...,¡ WARRANT LIST #33- 11-MAY-2002 TO 17-MAY-2002 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY01 Zora Neala Hurston Dust Tracks Heri Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 Childern's Environ. Learning Center TDC Planning Grant FYOO/01 TDC Planning Grant FY01/02 CTD TRIP Grant FY01/02 EMPA 01/02 Dept. of Community Affai FDEP-Urban Mobile Lab Grant 01/02 DHR-Historical Museum Grant-In-Aid 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 FDOT Bicycle/Pedestrian Coordinator Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday pines Fund Blakely Subdivision Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Monte Carlo Lighting MSTU#4 Fund Port & Airport Fund FAA Taxiway A-3, Airfield Signage Installation #236741-1-94-01 Airfield Signage #408784-1-94-01 (FDOT) Taxiway A-3 Phase I Const. Airport Utilities Imp. / FDOT Industrial Park West Development plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Ft. Pierce Beach Restoration South Co. Post Storm Study FDEP SHIP Housing Assistance FY 01/02 EXPENSES 400,743.02 9,299.20 37.60 1,254.78 10,613.82 1,877.72 48.60 72.51 17,416.80 244.90 184.41 290.08 890.72 45,908.28 55.08 197,276.48 850.00 9,398.76 770.99 191.68 6,735.97 162,961.98 128.76 3,152.50 187.37 201.53 443.45 492.00 122.78 716.97 68.18 250.81 325.24 1,296.22 7,206.76 10,973.57 216.31 1,136.35 327.71 15,498.00 29,408.00 2,134.22 2,523.46 323.70 1,296.75 20,579.54 10,901.00 221.52 PAGE 1 PAYROLL 2,842.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 05/17/02 F7.ABWARR FUND 310002 316 316001 382 399 401 418 421 441 448 449 451 458 461 471 478 479 491 505 505001 606 .j ..~ t . ST. LUCIE COUNTY - BOARD ~ WARRANT LIST #33- 11-MAY-2002 TO 17~MAY-2002 FUND SUMMARY TITLE Impact Fees-Parks County Capital Transportation Capital Environmental Land Capital Fund Grey Twig Lane MSBU Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Law Library GRAND TOTAL: EXPENSES 4,760.00 3,543.37 5,109.75 19,158.54 2,045.14 82,691. 61 6,427.86 17.27 21,007.42 6,159.22 100.67 25,690.17 114.70 9,705.48 12,946.13 7,311.20 1,143.09 5,515.07 294,905.40 1,002.61 300,000.00 921.35 22,685.58 1,810,217.71 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,307.89 0.00 0.00 0.00 0.00 10,150.13 ITEM NO. --º-- '" A DATE: May 21~02 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 ~o..9.Q.. ~.~Ob\..-- (Donald B, West. P.E. County Engineer SUBJECT: NSLRWCD Canal Retrofits and Hidden River Estates Stormwater Retrofit Amendment 1 to the Grant Agreement with FDEP AGENDA REQUEST '-' BACKGROUND: In July, 1999, the St. Lucie River Issues Team awarded a total of $7.5 million in grant funding to go towards projects in the St. Lucie River Basin that will improve the quality of water entering the St. Lucie Estuary. St. Lucie County was awarded a total of $2,395,000 for the Ten Mile Creek project, Platt's Creek Water Quality/Wetlands Restoration project, North St. Lucie River Water Control District (NSLRWCD) Canal Retrofits, and the Hidden River Estates Stormwater Retrofit project. The grant contracts for the Ten Mile Creek and Platt's Creek projects ($1 million each) have already been processed. On March 7, 2000, the Board approved a grant agreement with FDEP in the amount of $395,000 for NSLRWCD Canal Retrofits ($300,000) and Hidden River Estates Stormwater Retrofits ($95,000). Attached is Amendment 1 to the grant contract with FDEP extending the completion date of the agreement to September 8, 2003. FUNDS AVAIL.: n/a PREVIOUS ACTION: Hidden River Estates Stormwater Retrofit: October 28, 1997, the BOCC entered into an engineering contract with Hazen and Sawyer to prepare a conceptual design plan in the amount of $9,940, May 26, 1998, the BOCC entered into an engineering contract with Hazen and Sawyer for the design of the Hidden River Estates Stormwater Retrofit project in the amount of $25,830. NSLRWCD Canal Retrofits: May 19, 1998, the BOCC entered into an engineering contract with LBFH for design of the NSLRWCD Canal Retrofits in the amount of $55,500. May 25, 1999, the BOCC entered into an engineering contract with LBFH for the design of Canal 9A retrofit in the amount of $39,500. October 26, 1999, the BOCC entered into an engineering contract with LBFH for construction management services for Canals 23 and 28 retrofits in the amount of $9,940, March 7, 2000, the BOCC approved the grant agreement with FDEP in the amount of $395,000 for NSLRWCD Canal Retrofits (300,000) and Hidden River Estates Stormwater Retrofits (95,000), RECOMMENDATION: Staff is requesting approval of the attached Amendment 1 to the grant agreement with the FDEP for a time extension and execution of the contract by the Chairman. I. MMISSION ACTION: . APPROVED [ ] OTHER: [X]County Attorney CONCU~NCE' r _ ~~ ~ Douglas Anderson County Administrator r~ jI (X]Proj. Mgr. h~A"w',. [X]Rev, Coord. ~.J0i ì'\ [ ] DENIED f)s. [X]Originating Dept. Public Works Ii v / water quality grant amend1.ag '-' .~ DEP AGREEMENT NO. SP559 AMENDMENT NO.. 1 THIS AGREEMENT as entered into on the 9th day of March, 2000, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and ST. LUCIE COUNTY, FLORIDA (hereinafter referred to as the "Grantee") is hereby amended as foJlows: ), .,..... (tff[ s.. ptol'r>\ ~~ rJ Paragraph 2 is hereby revised to change the completion date of the Agreement to Mafeh 8, 2003 and the second sentence is hereby deleted in its entirety and replaced with the foJlowing: The Grantee shall not be eligible for reimbursement for services rendered prior to the execution date of this Agreement. Paragraph 5 is hereby revised to include the following lanl,'uage as the last sentence of the paragraph: The Department's Grant Manager shall have tlùrty (30) calendar clays to review deliverables submitted by the Grantee. Paragraphs 6 and 7 are hereby deleted in their entirety. Paragraph 11, the second sentence is hereby deleted in its entirety and replaced with the foJlowing: The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years foJlowing Agreement completion. Paragraph 12 is hereby deleted in its entirety and replaced with the foJlowing: 12, In addition to the provisions contained in Paragraph 11 aþove, the Grantee shall comply with the applicable provisions contained in Attaclunent C-l, Special Audit Requirements. A revised copy of Attachment C-l, Exhibit-I, must be provided to the Grantee with each amendment wruch authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attaclunent Col. If the Grantee fails to receive a revised copy of Attaclunent C-l, Exlùbit-l, the Grantee shall notify the Department's Grants Development and Review Manager at (850) 922-5942 to request a copy of the updated infonnation. Paragraph 13 is hereby deleted in its entirety and replaced with the following: 13. A. The Grantee shall not subcontract, assign, or transfer any work under this Agreement without the prior written consent of the Department's Project Manager. The Grantee agrees to be responsible for the fulfiJlment of aJl work elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by tills Agreement embrace diversity enthusiastically. TIle award of subcontracts should reflect the full DEP Agreement No, SP559, Amendment No, 1, Page 1 of 3 '-' ...,¡ diversity of the citizens of the Stale of Florida. The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities, Paragraph 17 is hereby deleted in its entirety and replaced with the following: The Department's Grant Manager for this Agreement is identified below. John Mitnik Department of Environmental Protection Southeast District Branch Office 1801 SE HilImoor Drive, Suite C-204 Port St. Lucie, Florida 34952 Phone: (561) 398-2806 or Suncom 222-2806 Fax: (561) 398-2815 or Suncom 222-2815 Email: iohn.mitnik(áJ.deD.statc.Il.us The Department's Assistant Grant Manager for this Agreement is identified below. All correspondence should be forwarded to the Assistant Grant Manager, Beverly Taylor Department ofEnvirorunental Protection Southeast District Branch Office 180 I SE Hillmoor Drive, Suite C-204 Port SI. Lucie, Florida 34952 Phone: (561) 398-2806 or Suncom 222-2806 Fax: (561) 398-2815 or Suncom 222-2815 Email: beverlv.tavlor((i)dep.state.fl.us The following language is hereby added to the Agreement as Paragraph 25: 25. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487-0915. Attachment C, Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment C-I, Special Audit Requirements, attached hereto and made a part ofthe Agreement All references in the Agreement to Attachment C shall hereinafter refer to Attachment C-l. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE lNfENTIONALL Y LEFT BLANK DEP Agreement No. SP559, Amendment No. I, Page 2 of 3 \.r ...." IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. BOARD OF COUNTY COMMISSIONERS ST. LUCæ COUNTY, FLORIDA STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title* By: Secretary or designee Date: Date: "'t , <;:: .... Attest: Deputy Clerk :x~ ~+ ~: Manager Approved as to fonn: APPROVED as to fonn and legality: ~ t<t-11.,,- D Attorney , r--- County Attorney *For Agreements with governmental boards/commissions: If someone other than the Chainnan signs this Amendment, a resolution, statement or other document autl10rizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments/exhibits included as part of this Amendment: Specify Type Attachment Letter/ Number C-l Description (including number of pages) Special Audit Requirements (5 pages) DEP Agreement No. SP559, Amendment No.1, Page 3 of3 '-' ....., ATTACHMENT C-1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-l33 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defmed by OMB Circular A-l33, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defmed in OMB Circular A-133, as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-l33, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-l33, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph I., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-l33, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-l33, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http://aspe.os.dhhs.gov/cfda. DEP Agreement No. SP559, Attachment C-I, Page I of 5 DEP 55-215 (01102) '-' ~ PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. I. In the event that the recipient expends a total amount of State fmancial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State fmancial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State fmancial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State fmancial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph I, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defmed by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State fmancial assistance in its fIscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fIscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CFSA), a recipient should access the Florida Single Audit Act website located at http://sun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's OffIce of Policy and Budget website located at http://www.eog.state.fl.us/for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website http://www.leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Banking and Finance's Website http://www.dbf.state.fl.us/. and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes, In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION I. Copies of reporting packages for audits conducted in accordance with OMB Circular A-B3, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. SP559, Attachment C-I, Page 2 of 5 DEP 55-215 (01/02) \.," .",., A. The Department of Environmental Protection at each of the following addresses: Beverly Taylor Florida Department of Environmental Protection Southeast District Branch Office 1801 SE Hillmoor Drive, Suite C-204 Port St. Lucie, Florida 34952 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Fcderal Audit Clearinghouse Bureau of the Census 120 I East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-B3, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Beverly Taylor Florida Department of Environmental Protection Southeast District Branch Office 1801 SE HiIlmoor Drive, Suite C-204 Port St. Lucie, Florida 34952 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 3. Copies offmancial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No, SP559, Attachment C-I, Page 3 of 5 DEP 55-215 (01102) \.,0 .." A. The Department of Environmental Protection at each of the following addresses: Beverly Tay]or Florida Department of Environmental Protection Southeast District Branch Office ]80] SE HilImoor Drive, Suite C-204 Port St. Lucie, Florida 34952 Audit Director Florida Department of Environmental Protection Office of Inspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-]450 4. Copies ofreports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Beverly Taylor Florida Department of Environmental Protection Southeast District Branch Office 1801 SE Hil1moor Drive, Suite C-204 Port St. Lucie, F]orida 34952 Audit Director Florida Department of Environmental Protection Office ofInspector General 2600 Blair Stone Road, MS40 Tallahassee, Florida 32399-2400 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-B3, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor Genera~ as applicable. 6, Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-B3, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the tenns of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. DEP Agreement No. SP559, Attachment C-l, Page 4 of 5 DEP 55-215 (01/02) r' " , .... 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E ÖIJ '" ';; ~ ·Ot:: ~ ~ fC-< on .>5 -< ...." ....... -$' 0 '0 " ¡äg- :J! o o o o o lI')" 01 '" .... - ~ .. <'"2 @ g¡ r¿.8 " 0 ,,- " ~ .; : "'0 <~ .~ 0 ~;S EO¡; 8:E ... " o .... 00..9 o .. "3 ~ oj 0 ue- _ :3 e~ '" .. '0" " " '" .- " ~ oS .. " " :;F: " . 1! E ~.E " . '0 0 ~g " os E~ ~ os ':; ~ õ ¡:r 11 ,g .... '" E '" 0 ~£u ~~,g E. ê .Ë -Š~~ § ~.~ ~~~ >. ,- -->. S-B; 8<~ ~ æ.~ ~ S¿ë E 13 'š, .š. § .~ "g'~ ~ .... .. .c o -<e: ;. £(i;1.,C ~'g ] o C'\I ..... .0.5 50 os '" " '0 " .... ~3"5 "';; CI) ~ ~'õE .... 00 ;>. Eo" C'II"'a< ~8~ s..g ~ "fi '§ ~ ~ ¡:¡:.~ 6: Q) ~ ~-€~ ] ~ '" ~ lI') .... o lI') '" ÖIJ oj P. ...., o ë '" S ..c: u oj t:: -< a;- ll') lI') p. tI) ó z ë s '" '" .. OJ) -< p. ¡:I.j o ~ '-" t!.. ~ 2.. B AGENDA REQUEST ..." ITEM NO. SUBMITTED BY(DEPT): ENGINEERING DIVISION DATE: May 21, 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: ß.tr'í\~<{ .W~L- (Donald B. We¡t, P.E. County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Sunland Gardens MSBU Interlocal Agreements with the Property Appraiser and Tax Collector BACKGROUND: See Attached Memorandum FUNDS AVAIL. N/A PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreements and authorize the Chairman to sign the Agreements. COMMISSION ACTION: [)J APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~~ Douglas M. Anderson County Administrator Coordination/Siqnatures ?, ..- '--'1\// . ;'1 [XJCounty Attorney: ~~~ [X] Public Works Dir:' {.) []Finance Dir: [] Mgmt & Budget: [X]Co Eng: ~. (XI MSBU coord~nator: fP [] Purchas ing: '-' ..., COMMISSION REVIEW: May 21, 2002 ENGINEERING MEMORANDUM NO. 02-147 TO: FROM: DATE: SUBJECT: Board of County Commissioners County Engineer May 9,2002 Sunland Gardens MSBU Interlocal Agreements with the Property Appraiser and Tax Collector BACKGROUND Attached are draft Interlocal Agreements with the Property Appraiser and Tax Collector for the referenced Municipal Service Benefit Unit ("MSBU"). The Agreement with the Property Appraiser allows for the Property Appraiser to provide the County with certain information and for the County to reimburse the Property Appraiser for their necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000). The Agreement with the Tax Collector allows the County to reimburse the Tax Collector for their necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000). Both Agreements are required by Chapter 197, Florida Statutes which gives the authority to create MSBUs. RECOMMENDATION Staff recommends that the Board approve the Interlocal Agreements and authorize the Chairman to sign the Agreements. BP cc: Staff Concurring Property Appraiser Tax Collector glwplmsbuls un I a n dlaga-patc. wpd · '-' '-' INTERLOCAL AGREEMENT SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this _day of . 20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and BOB DAVIS, as St. Lucie County Tax Collector (the "Tax Collector"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Sunland Gardens Municipal Services Benefit Unit (the "Sunland Gardens MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the Sunland Gardens MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Tax Collector have agreed to enter into a written agreement whereby the County will reimburse the Tax Collector for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the Sunland Gardens MSBU. NOW, THEREFORE, in consideration of the mutual covenant, conditions and promises contained herein, the parties agree as follows: 1. This Agreement is entered into pursuant to Sections 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. The above representations are true and correct and incorporated herein. 3. The parties agree that the County shall; a. Provide written notice to the Tax Collector, which notice shall include a certified copy of the Resolution creating the Sunland Gardens MSBU. b. Provide the Tax Collector with copies of all other resolutions relating to the Sunland Gardens MSBU, including but not limited to any resolution approving a special assessment roll and authorizing a change in the amount of the special assessment levied ~ ....., against any parcel of property within the Sunland Gardens MSBU. c. The County shall, in writing, notify the tax collector of the representative (s) authorized to submit a correction on DR Form 409A. The County shall also notify the tax collector in writing, of the official authorized to submit the factors. d. Provide the tax collector thirty (30) days prior to presentation of certified rolls, with all proposed details regarding yearly billing, prepays, payoffs during term, payoffs after first billing (ie; amortization) and other costs that may be added after prepays. The parties mutually agree to negotiate a format that is acceptable to both parties. The tax collector reserves the right to reject the proposed format of the data if it is not compatible with the current collection system and he has not been involved in the development of the format. e. Certify a non-ad valorem assessment roll on compatible electronic medium to the tax collector on or before September 15 of the first year. The assessment roll shall contain the posting of the non-ad valorem for each parcel and contain the following information for all real property located within the boundaries of Sunland Gardens MSBU: (1) the St. Lucie County Property Appraiser's parcel number; (2) the property description: and, (3) any other information as may be mutually agreed to. Such roll certified to the tax collector shall be a separate assessment roll showing the amount of the special assessment applied to each parcel with the Sunland Gardens MSBU, including any parcels for which no special assessments were levied. The certified special assessment roll shall show the total of all special assessments for the Sunland Gardens MSBU. If any changes to the MSBU roll need to be made, it shall be the responsibility of the County to file a corrected roll or a correction of the amount of any assessment. f. All assessments shall become liens by operation of law as specified in Section 197.122 F.5. (2000). No liens shall be recorded outside Section 197.122 F.S. 4. The parties agree that the tax collector will collect and disburse the Sunland Gardens MSBU assessment for the specified term of the assessment. Specifically the tax collector shall: 2 \r ....J a. Produce and pay for combined notice of ad valorem taxes and non-ad valorem assessments pursuant to the requirements of 197.3635 F.S. b. Collect all special assessments complying with the provisions of this agreement, and remit the funds to the County on a monthly basis, less the deductions allowed in paragraph SA of this agreement. c. Deposit all collectioris of special assessments in the same account used for collection of ad valorem taxes; however, the tax collector shall provide a statement to the County showing the amount of special assessments collected. 5. The County agrees to reimburse the Tax Collector in accordance with Sections 197.3632 (2), ar..d 192.091 Florida Statutes (2000) for necessary administrative costs, if any, incurred in connection with the Municipal Services Benefit Unit. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. The parties acknowledge and agree that a good faith estimate of the cost of collection, based on prior experience with like projects, exceeds two percent (2 %) of the total collection. However, in order to keep project costs as low as possible, the tax collector agrees to accept two percent (2 %) of the collection as his reimbursement. 6. If, due to unusual or extenuating circumstances, the tax collector's necessary administration costs of performing the services required by this agreement exceed the usual and expected compensation provided for in paragraph 5 above, the County agrees to pay any additional sums required to fully reimburse the tax collector for his necessary administrative costs as documented by the tax collector. 7. The parties acknowledge that the tax collector is entering this agreement without any determination that the County is legally authorized or qualified to collect its non-ad valorem assessments pursuant to Section 197.3632, Florida Statutes. It is understood that it is his ministerial duty and he has no authority to refuse that duty; question compliance with Chapter 197 Florida Statute; determine the legality of the assessment or determine the constitutionality of any lien resulting from nonpayment of the assessment. In recognition of all of the above, the County shall, to the extent permitted by law, indemnify and save harmless and defend the Tax Collector, its agents, servants, and employees from and against any and all claims, liability, losses, or causes of action which may arise from any misconduct, improper action, negligent act or omission of the County, its servants, or employees in the performance of services under this Agreement. 8. This agreement may be terminated by either party, without cause, upon one 3 -, '-' ..., hundred eighty (180) days written notice prior to November 1 of each year. Any termination of this agreement shall not affect the tax collector's responsibilities for tax years prior to the date of termination. 9. Any alteration, variation, modification, extension, renewal, or waiver of the provisions of this agreement shall be valid only when reduced to writing, duly authorized and signed by all parties. Any amendment will be entered prior to January 1 of the tax year in which such amendment is to become effective. This agreement and any subsequent amendments shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). 10. This agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 11. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 If to the Tax Collector: With a copy to: St. Lucie County Tax Collector 2300 Virginia Avenue Fort Pierce, Florida 34982 St. Lucie County Tax Collector Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 THE NEXT PAGE IS THE SIGNATURE PAGE 4 , ; '-' ...,J IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. AITEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY AITORNEY WITNESSES: ST. LUCIE COUNTY TAX COLLECTOR V~ 4 ~..6/L By: & .()~' TAX COLLECTOR, CPA, CGFO, CFC ~.- -7"' Date: 4)..,/CJV' APPROVED AS TO FORM AND CORRECTNESS: '~~rV:b TAX COLL 0 A RNEY 5 ... ....... . '-' ..., INTERLOCAL AGREEMENT SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT THIS INTERLOCAL AGREEMENT is made and entered into this day of ,20_, by and between the BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA (the "County") and JEFF FURST, as St. Lucie County Property Appraiser (the "Property Appraiser"). WHEREAS, the County intends to levy non-ad valorem special assessments against certain properties within the Sunland Gardens Municipal Services Benefit Unit (the "Sunfand Gardens MSBU") in unincorporated St. Lucie County for the purpose of funding a project to provide potable water to the properties within the Sunland Gardens MSBU; and WHEREAS, the County intends to use the uniform method for the levy, collection and enforcement of the non-ad valorem assessments pursuant to Chapter 197, Florida Statutes (2000); and WHEREAS, the County and the Property Appraiser have agreed to enter into a written agreement whereby the Property Appraiser will provide the County with certain information and the County will reimburse the Property Appraiser for his necessary administrative costs incurred under Section 197.3632, Florida Statutes (2000) in providing this information related to the Sunland Gardens MSBU. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties agree as follows: 1. GENERAL. This Agreement is entered into pursuant to Section 197.3632 and 163.01, Florida Statutes (2000). 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 telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. PROPERTY APPRAISER. Annually prior to June 1, the Property Appraiser shall provide the County with the information described in Section 197.3632 (3) (b), Florida Statutes (2000), for the Sunland Gardens MSBU. This information shall be provided by list or compatible electronic medium and shall include the legal description of the properties within the boundaries of the Sunland Gardens MSBU and the names and addresses of the owners of such properties. This information shall reference the property identification number and otherwise conform 1 - . ~ ..., in format to that contained on the ad valorem roll submitted to the Florida State Department of Revenue. 3. REIMBURSEMENT. The County agrees to reimburse the Property Appraiser in accordance with Section 197.3632 (2), Florida Statutes (2000) for the necessary administrative costs incurred in connection with providing the information described above. Administrative costs shall include but not be limited to those costs associated with personnel, forms, supplies, data processing, computer equipment, postage, and programming. Payment by the County to the Property Appraiser for these costs shall be made within thirty (30) days from the County's receipt of a properly submitted invoice from the Property Appraiser. 4. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed' as follows: If to the County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to the Property Appraiser: With a copy to: St. Lucie Property Appraiser 2300 Virginia Avenue Fort Pierce, Florida 34982 Property Appraiser Attorney 2300 Virginia Avenue Fort Pierce, Florida 34982 5. FILING. This Agreement and any subsequent amendments hereto shall be filed with the Clerk of the Court for St. Lucie County pursuant to Section 163.01 (11), Florida Statutes (2000). 6. AMENDMENT: GOVERNING LAW. This Interlocal Agreement may only be amended by written document, properly authorized, executed, and delivered by both parties and filed with the Clerk of Court as required herein. This Agreement shall be interpreted as a whole unit and all interpretations shall be governed by the laws of the State of Florida. 2 - '- . y THE NEXT PAGE IS THE SIGNATURE PAGE 3 ...., > Ii; ..... ..., IN WITNESS WHEREOF the parties hereto have duly executed this agreement the day and year noted below. .. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ST. LUCIE COUNTY PROPERTY APPRAISER ~.ne-)'/J ;I Æ~ K~ ¿J~ BY: l/;il-l2V Date: Revised June 19, 2001 4 "" ...., AGENDA REQUEST ITEM NO. C-2c DATE: May 21, 2002 CONSENT [X REGULAR ] PUBLIC HEARING [ ] Leg. [ Quasi-JD. ] SUBJECT: Authorize the County Administrator to gn th~ Transportation Enhancement grant application to Fl rida Department of Transportation for funds to assist in the following three projects: Pedestrian bridge crossing for Avenue J over Canal #80, Sidewalk connection between the Ox-bow Ecocenter to River's Edge Elementary and North Hutchinson Island sidewalk extension to Avalon Parks. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works BACKGROUND: The Metropolitan Planning Organization (MPO) has, requested Transportation Enhancement grant applications to be submitted to them for review which will then be forwarded to Florida Depart~ent of Transportation for inclusion in the 2005/06 Work Prograu. Since funds are limited, not all applications submitted from the County and the Cities will be funded. Staff requests authorization to submit the following three applications: Request of $200,000 for funds for the installation of a pedestrian bridge at Avenue J over Canal #80 for children to reach the C.A. Moore Elementary School; Request of $300,000 to construct a sidewalk between the Oxbow anà River's Edge Elementary; Request of $130,000 to cover the design of the sidewalk on North Hutchinson Island from Ocean Harbor to the north end of Avalon State Park lands. Staff recommends that a $50,000 m~tch be included in the 2004 budget to assist with design and engineering of the Avenue J project and $50,000 match for design and engineering for the sidewalk connection between the Ox-bow and River's Edge Elementary School. FUNDS AVAIL. : Although the grants could be awarded in 2005/06, staff reco~~ends that the total County match of $100,000 be put in the budget in 2004 so that design and engineering can begin on two of three projects. An in-kind match would include the County managing the design and construction of the projects. PREVIOUS ACTION: There has been no previous action for these projects. RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to sign the three Transportation Enhancement grant applications to Florida Department of Transportation. COMMISSION ACTION: CONCURRENCE: ~] [ ] APPROVED OTHER: DENIED ~'-- Douglas Anderson County Administrator County Attorney: Originating Dept: Finance: y ì Mgt & Budget: Public Works: AgeTransEnhaveJ02.doc Purchasing: Other: - Pedestrian BriÇ1geover Canal 80 to access C.A.MdoreElementary School :0-39 I- W W 0:: ""..""C I- . If) I r- ---_( c') '" I I- 0:: o Z ...",¡ - .,... 28·'- "~..rt _._-.- --. . r! LJ 3-8- ¡-ì w..__ LJ ------ ,- BLOCK 1 "L" .~,---'-~--- 1 'i~locJI ~ ;';-'~ II Ü i~f' I ¡ 0 ".....~ . ; :.:.¡1~.15 II as ~~~z *~.~.II I 1\'9 ~~-ij ~ ' ~.~ L1L~.:~~,~-~.J , ¡ L__ 'ROAD 2 Boys & Girls BLOCK 9. Zora NealeHur Library Ave D "'" Be an Oxbow Volunteer The Oxbow Eco-Center lives and breathes by the efforts and the spirit of volunteers. Opportunities at the Center include education assistants, trail guides, administrative assistants, gift store attendants, exhibit interpreters, and landscape and trail maintenance. Ca1l561- 785-5833 to inquire about volunteering at the Oxbow. l~1 _, _.,r", \ 'J o".~) i \ sè. Lucieff ,) \,.....~ __~~"J~~_ Oxbow Eeo-Center & Gift Store hours: Tuesday-Friday 1 to 5 Saturdays 10 to 5 Sundays 12 to 5 ._--~------ ~iiiI! .. .. -. ~-------- ~\ó ...." lementary School Yahoo! Maps and D~g Directions "b:HoOr®Maps~ .." Page 1 of 1 Yahoo! - Yellow Pages - 9 .99% fixed APR" Welcome, Guest User Create My Locations - Sic Yahoo! Maps North Hutchinson Island Bike Path Queen's Harbor to Avalon State Park * 5150 N Highway A1a, Fort Pierce, FL 34949-8204 Save This Add ~ ~ r ..,...\f'J.~~~=".1~ ..¡ I .2,0 km '\:,J\>q ....... . '1,5 mÎ ". o$uolao Ø1OO2 Yahoo! Inc ø ZOOZ GDUnc /~ J ..,.~J~ÿ -- s¡ ,---i Zoom In LiJ [...L] LU 4 15_1 [~ LLJ L8J UU L1QJ ZOOI11 Out Email Map Interactiv~ Map © 2002 Yahoo'lnc. All rights reserved. Privacy Poliçï - Terms of Service - Yahoo! Macs Terms_of Use - !:!W http://maps.yahoo.comlpy/pmap.py?Pyt= Tmap&addr=5150+N+Highway+ Al a&csz=Fort... 5/14/2002 -- -- '-' "wi lEB BUSH GOVERNOR Florida Department of Transportation OFFICE OF MODAL DEVELOPMENT 3400 WEST COMMERCIAL BOULEVARD FORT LAUDEIWALE. FLORIDA 33JjJ9-J42I TEU:rIlONF:: (954) 777-4490; FAX: (954) 677-7892; TolI-F<cc: (866) 336-S435 TI!O\IAS F. BARRY, JR. SECRETARY February 12,2002 Ms. Cheri Fitzgerald, AlCP MPO Supervisor St. Lucie County Metropolitan Planning Organization 2300 Virginia Avenue, Room 203 Fort Pierce, Florida 34982 ,; I- !; ...._;:~\ I . : : !! q l : :-' j I' ì 4 ·ò.~ ¡!"( : . .._ ___ '._____ _. i: cc. " ,':. ..:....,.,:..",,¡'¡r sr. L. .::~ (.'-~.-..~"f. rL Dear Ms. Fitzgerald: SUBJECT: . Year 2002 Transportation Enhancement Application Cycle Procedure Topic No. 525-030-300-g FY 2003104 - 2007/08 Tentative Work Program { This is to notify you of the upcoming Transportation Enhancement application cycle for the FY 2003/04-2007/08 Tentßtive Work Program. Projects programmed for this cycle will be funded in FY 2005/06, which is the third year ofthe upcoming Tentative Work Program. A copy of the "Transportation Enhancement Projects" Procedure is included in Attachment 1. The Procedure descnòes the process for determining project elig¡oility for Transportation Enhancement funds. The FHW A Final Gtúdance on Transportation Enhancement Activities, 23 D.S.C. and TEA-21, dated December, 17, 1999 may be located on the Internet at the following address: www.fhwa.dot.gov/envirotunentlte_final.htm. Below are those activities that qualifY for Enhancement funds. 1. Provision offacilities for pedestrians and bicycles. 2. Provision of safety and educational activities for pedestrians and bicyclists. 3. Acquisition of sceruc easements and scenic or historic sites. 4. Sceruc or historic highway programs, (including the provision of tourist and welcome center facilities). 5. Landscaping and other scenic beautification. 6. Historic Preservation 7. Rehabilitation and operation of transportation buildings, structures or facilities (including historic lailroad facilities and canals). 8. Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). 9. Control and removal of outdoor advertising. 10. Archaeological planning and research. 1 I. Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. 12. Establishment of transportation museums. www.dot.state.fI.us @ RECYClED PAPER .", -- '-' .,J , .'c Ms. Cheri Fitzgerald February 12,2002 Page 2 Attachment 2 contains information regarding District Fours Enhancement Program Guidance and a blank application form to be used by applicants. Guidance for the Local Agency Program (LAP) is also discussed in Attachment 2. Project sponsors are strongly encouraged to be LAP certified to ensure projects are completed as the sponsor envisions. Local agencies that manage all project phases for which they are certified usually complete the projects more efficiently, and expend less time and money than the Department would expend. Attachment 3 is this year's Enhancement Application Process Schedule. Your MPO may wish to consider holding a workshop for potential applica.o1s in ord~ to .provide ( additional information on the Enhancement process and address any related comments or questions. This would be especially helpful to new applicants. Should you decide to do so, thé District is willing to participate, subject to the availability of our staff. All Enhancement project applications, along with your MPO's pre-eligIoility T2nkings, should be transmitted directly to the District Office ofModa! Development by Friday, .June 3, 2001. Please contact Larry Hymowitz, (954) 777-4663 of our office if you have any questions or concerns related to this material Sincerely, ~k Nancy A. Bungo District Modal Development Adminim:rntor NAB:kr Attachments cc: Cheryl Balogh Jennifer Olson Howard Webb Gus Schmidt Mike DeRosa Beatriz Caicedo File: 4250.14 '-' AGENDA REQUEST w¡/ ITEM NO. C-2d DATE: May 21, 2002 CONSENT [X REGULAR ] PUBLIC HEARING [ ] Leg. [ Quasi-JD. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Public Works SUBJECT: BACKGROUND: FUNDS AVAIL. : PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ 'X1" [ ] APPROVED OTHER: County Attorney: Originating Dept: Finance: Susan Lawrence Jr.. , Authorize the County Administrator to sign ¡¡:' Transportation Enhancement grant application to lorida Department of Transportation for funds to construct a landscape beautification buffer along Entrada Avenue and a small section on Rio Mar Drive. The Metropolitan Planning Organization (MPO) has requested Transportation Enhancement grant applications to be submitted to them for review. The MPO will then forward the applications to Florida Department of Transportation for inclusion in the 2005/06 Work Program. Since funds are limited, not all applications submitted from the County and the Cities will be funded. Staff requests authorization to submit an application requesting $190,000 to assist in the installation of irrigation and landscape plants between Entrada Avenue and U.S. 1 and a small area on Riomar Drive (see attached map). This will provide a visual buffer between the U.S. 1 traffic and the residential subdivision. Since the landscape and irrigation plans have been designed, grant funds and the $50,000 County match will be used to install irrigation, plants and trees. The County match of $50,000 will be needed in the year 2005/06 and will come from the tree fine account and should be placed in account number 102-3920-563000-39001 Unincorporated Services Fund. On September 12, 2000, the BOCC authorized the County to contract with Kimley-Horn and Associates, Inc., for landscape architectural services to design landscape improvements for this site. Funds in the amount of $26,700 for the services came from account number 102- 3920-563005-7801 - Unincorporated Services Fund. Staff recommends that the Board authorize the County Administrator to sign the Transportation Enhancement grant application to Florida Department of Transportation for funds to construct a landscape beautification buffer along Entrada Avenue and Rio Mar Drive. CONCURRENCE: DENIED 04-r 1 Douglas Anderson County Administrator Purchasing: Other: Mgt & Budget: Public Works: AgeTransEnh02.doc BaCk-U~Information for Questions 2b and 2c ~ Okeechobee Coun~ ------------------~~------------- .------- -------------------------------------------- -------------------------------------- s ¡:p 2: :::¡ .1"1iII l ~ î ~,~ Q.-.:¡ """"'" -'" ~ ~ ~c-JRd g Ii J J f :::¡ º"' PJ :::¡ :0 <' CD ..... o \' " ,. Ii î , ....- " i o o c :::¡ .:< -'" o o c: :::¡ ~ '< ,~.. P' , Cf) ~ "" ~ ¡:p .-+ jl :::¡ It¡ ')\, \,) 0.. m r ~ en ¡r () ::0 :::¡ C o ;rl ~ ~~. " () ¡:p õ' ...... () c · i ~ <;. ..., '" t Ii. ] \)" "0 ¡:p CD 0.. <t> I "I ì! ~ r s ¡:p tl) :::¡ Õ"1 & 0 LJ OJ ¡:p 0.. ~ ~:I ¡ c: ..., ;g- O ~ ::I; 0 0 ~ih ? 0 CD ..., CD ~ ..... <' ::J 0 V¡ "dP '--. c: CD ìJ CD C ..... CD : '[li ì 0 0 0 ::J Ci'ï -< ::J r-+ () J z............... ...... ...... .""" " JEB BUSH GOVERNOR Florida Department of Transportation OfFICE OF MODAL DEVELOPMENT 3400 WEST COMMERCIAL BOULEVARD FORT LAUDERDALE, FLORIDA 33309-342\ n:U:rIlO,'II':; (954) 777-4490; FAX; (954) 677-7892; 'IoU-Free: (866) 336~~H5 THO:\IAS F. BARRY, JR. SECRETARY February 12, 2002 " I,", '¡::"\ , . . I, . 'i . ~ \ j ; Ä.JI Ms. Cheri Fitzgerald, AlCP MPO Supervisor St. Lucie County Metropolitan Planning Organization 2300 Virginia Avenue, Room 203 Fort Pierce, Florida 34982 ,¡ I' ,. I, ii .. t' '. - --- -~~_.._- - cc ..."<'IT Dear Ms. Fitzgerald: SUBJECT: ' Year 2002 Transportation Enhancement Application Cycle Procedure Topic No. 525-030-300-g FY 2003/04 - 2007/08 Tentative Work Program ... ( This is to notify you of the upcoming Transportation Enhancement application cycle for the FY 2003/04-2007/08 Tentative Work Program. Projects programmed for this cycle will be funded in FY 2005/06, which is the third year ofthe upcoming Tentative Work Program. A copy of the "TI111iSpOrtation Enhancement Projects" Procedure is included in Attachment 1. The Procedure descn'bes the process for determining project elig¡òility for Transportation Enhancement funds. The FHW A Fi.na1 Gtúdance on Transportation Enhancement Activities, 23 V.S.C. and TEA-21, dated December 17, 1999 may be located on the Internet at the following address: www.fhwa.dot.gov/envirotunentfte_final.htm. Below are those activities that qualifY for Enhancement funds. 1. Provision of facilities fOf pedestrians and bicycles. 2. Provision of safety and educational activities for pedestrians and bicyclists. 3. Acquisition of scenic easements and scenic or historic sites. 4. Scenic or historic highway programs, (including the provision of tourist and welcome center facilities)_ 5_ Landscaping and other scenic beautification. 6. Historic Preservation 7. Rehabilitation and operation of transportation buildings, structures or fàcilities (including historic lailroad facilities and canals). 8. Preservation of abandoned railway corridors (including the conversion and use thereof for pedestrian or bicycle trails). 9. Control and removal of outdoor advertising. 10. Archaeological planning and research_ 11. Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. 12. Establishment of transportation museums. www.dot.state.fI.us (!) RECYClED PAPER "". ...""" .' c Ms. Cheri Fitzgerald February 12, 2002 Page 2 Attachment 2 contains information regarding District Fours Enhancement Program Guidance and a blank application form to be used by applicants. Guidance for the Local Agency Program (LAP) is also discussed in Attachment 2. Project sponsors are strongly encouraged to be LAP certified to ensure projects are completed as the sponsor envisions. Local agencies that manage all project phases for which they are certified usually complete the projects more efficiently, and expend less time and money than the Department would expend. Attachment 3 is this year's Enhancement Application Process Schedule. .' Your MPO may wish to consider holding a workshop for potential applicants in ord~ to ¡¡¡ovide ( additional information on the Enhancement process and address any related comments or questions. This would be especially helpful to new applicants. Should you decide to do so, the District is willing to participate, subject to the availability of our staff. All Enhancement project applications, along with your MPO's pre-eligibility rankin£s, should be transmitted directly to the District Office ofModa! Development by Friday, June 3, 2001. Please contact Larry Hymowitz, (954) 777-4663 of our office if you have any questions or concerns related to this material Sincerely, Nancy A. Bungo District Modal Development Ailministrator NAB:kr Attachments cc: Cheryl Balogh Jennifer Olson Howard Webb Gus Schmidt Mike DeRosa Beatriz Caicedo File: 4250.14 '-" ..." AGENDA REQUEST ITEM NO. C-3 f1 DATE: May 21,2002 SUBMITTED BY (DEPT.): County Attorney REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: Daniel Mclntvre County Attorney TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Petition to Abandon - Schwab Road Request Permission to Advertise - Notice of Public Hearing BACKGROUND: George and M~rgaret Emerson has requested that the Board of County Commissionerslßonsider their request to abandon a portion of road right-of- way know as Schwab Road which runs through their property. Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon a portion of Schwab Road which is shown on the attached map. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on June 25, 2002, at9:00 ILm., or as soon thereafter as possible. COMMISSION ACTION: CONCURRENCE: ['f' APPROVED [ ] OTHER: [ ] DENIED ~~ Douglas Anderson County Administrator 11, .~.f/ xx County Attorney: J.... Review and Aoorovals xx Public Works: t þ,L/ xx County Engineer:~ Other: Originating Dept.: Purchasing; Finance; (Check for Copy only, if applicable) G:\ACQIWPIJanetlAbandonmentslSchwab Rd12601 PermtoAd,wpd '-" ..., EXHIBIT "J" Petitioner's statement in support of granting petition I have owned the property north of the right-of-way in question for almost seven years. My wife and I purchased the property south of this right-of-way in January of this year. We respectfully request that the Board of County Commissioners grant our request for abandonment ofthe easement so that we may incorporate it into our other properties. We intend to restore it to its natural state by adding pines, oaks, cabbage palms, and pahnettos. Thank you for your consideration. ~:f~~ 1~ f;;~~ M~Emerson l ~~--".,..,....~. '-' mµ, J~_,~.... ~ UU ! APR I 7 2002 l I PROPERTY ACQUISITION ST. LUCIE COUNTY " , , .."" BOARD OF COUNTY COMMISSIONERS PETITION FOR ABANDONMENT TO: BOARD OF COUNTY COMlVIISSIONERS, ST. LUCIE COUNTY, FLORIDA. The undersigned PETITIONER hereby petitions the St. Lucie County Board of County Commissioners to vacate, abandon, discontinue and close, in whole or in part, specific public rights-of-way, easements, or subdivision plats, as more particularly described in this petition, and to renounce and disclaim any right of the County and the public in and to any land in connection therewith. This petition is filed pursuant to law as more particularly set forth in Florida Statutes, Section 177.101, as amended, Florida Statutes, Sections 336.09 and336.10, as amended, and St. Lucie County Land Development Code, Section 11.10.01 et. seq. ********************************************************************************************* TYPE OF ABANDONMENT REOUESTED (check one or more as applicable) ("*" indicates requirement for public hearing) _ A Plat (*) _ A Portion of a Plat (*) v County Road Right-of-way (*) _ Drainage Easement not Affecting Road Drainage _ Public Utility Easement _ Drainage Easement Affecting Road Drainage (*) Other _ Public Interest in a Private Right-of-way or Easement ********************************************************************************************* Petitioner hereby certifies that the filing fee of $250.00 is enclosed or has been paid to St. Lucie County, and that petitioner hereby further certifies that petitioner understands that the filing feefs non-refundable and tha there is no assurance that this petition will be granted, in whole or in part, and no such assurances have been by any County employee. '- ~ This Petition shall contain an affidavit ofthe Petitioner attesting to the validity ofthe representations herein and it's completeness to the best of Petitioner's knowledge and belief 1. The Legal Description of the petition site is attached as (EXHIBIT" A"). (Note: The petition site may lie upon property owned by Petitioner, i.e. an easement over Petitioner's property, or adjacent to Petitioners property, i.e. a public road right-of-way.) 2. Public Records of 5t. Lucie County, Florida. 3. Attached hereto as (EXHIBIT "B") is a sketch, accurately drawn, depicting the petition site as described in (EXHIBIT" A"), showing boundaries of abutting properties, any encroachments, drainage and/or utility easements, any structures within the petition site, and property benefiting ITom the abandonment. A copy ofa portion of the appropriate tax map (8 Y2 x 11), obtainable ITom the Property Appraisers Office, may be used for this purpose, 4. Attached hereto as (EXHIBIT "C") is a location map which clearly and legibly identifies the location of the petition site in relation to the nearest public right-of-way and all affected properties (properties within a minimum 300 foot radius of the petition site). A copy of a portion of the appropriate tax map (8 Y2 xII), obtainable ITom the Property Appraisers Office, may be used for this purpose. 5. Attached hereto as (EXHIBIT "D") is a list of property owners, including correct mailing addresses, property tax Identification number and legal descriptions of surrounding affected properties. (Note: County Staff may request additional information if it is determined that the proposed abandonment could have a negative effect on properties located more than 300 feet ITom the petition site.) 6. Attached hereto as (EXHIBIT "E") is a list of abutting property owners, including correct mailing addresses, property tax Identification number and legal descriptions ofthe adj acent properties. Such owners of abutting properties have signed a notarized statement consenting to the abandonment of public right-of- way and such signed statements are attached hereto as (EXHIBIT "E-! ". "E-2". etc.) 7. Attached hereto as (EXHIBIT "F"). consecutively numbered "F-l". "F-2". etc.. the signed consent of any affected utility providing service to or within the petition site and/or drainage district havingjurisdiction over the petition site. 8. The Petitioner hereby certifies that in the event this petition is granted, the abandonment ofthe public right- of-way will not prevent other property owners ITom access to and ITom their property, and no other property owner in the vicinity will be adversely affected. '-' 'WI 9. The Petitioner hereby certifies that the petition site is not a right-of-way which is part of or used for any State of Federal highway purposes; and that such right-of-way is under the control and jurisdiction of the St. Lucie County Board of County Commissioners. 10. The Petitioner hereby certifies that the petition site is not a public accessway to any publicly accessible waters in the County, or that if the petition site proposed to be abandoned does provide such access, Petitioner hereby offers to trade or give the County comparable land or lands necessary for public access to the same body of water. 11. The petitioner hereby certifies that petitioner is the owner of property underlying or adj acent to the petition site as evidenced by an instrument recorded in Official Record Book O~75' , Page ! 3w" , St. Lucie County, Florida, a copy of which is attached as (EXHIBIT "G"). .......¡ 1i.1J... q,,,"d ?q I 12. The petitioner hereby certifies that all property taxes upon the Petition site, or petitioner's property adj acent to the petition site, are paid and current, or exempt from taxation, and a copy of a paid tax bill or statement of the County Tax Collector is attached hereto as (EXHIBIT "H"). 13. The Petitioner hereby certifies: (CIRCLE "a" OR "b" BELOw) Q that the petition site to be abandoned is NOT within the limits of any municipality, OR b) that the petition site to be abandoned lies within the corporate limits of and attached is their resolution of abandonment of the petition site as (EXHIBIT "I"). 14. The Petitioner hereby submits a statement (EXHIBIT "J") in support of this petition which states Petitioner's reasons for requesting the abandonment and the use to which the Petitioner intends for the land. 15. Petitioner hereby certifies that a NOTICE OF INTENT TO FILE A PETITION FOR ABANDONMENT has been published once weekly for two (2) consecutive weeks in a newspaper of general circulation in the County. The name of the newspaper and dates of publication are as follows: T~£. TR.\ 'ß u.,.J E.. (Name of newspaper in which Notice of Intent was published) APR.I L. 17 ~oo;;t (First date published) Aì'f!-IL;¡A ;loO;;¡' . (Second date published) A COPY OF THE PROOF OF PUBLICATION SHALL BE ATTACHED TO THIS PETITION AS (EXHIBIT" K"). NOTICE TO PETITIONER: IF THE ABANDONMENT REQUESTED REQUIRES A PUBLIC HEARING PURSUANT TO LAW, PETITIONER SHALL BE GIVEN NOTICE TO POST ASIGN(17" x24" OR17" x 17") UPON THE PETITION SITE IN A CONSPICUOUS AND EASILY VISIBLE LOCATION, ABUTTING A PUBLIC THOROUGHFARE, WHEN POSSIBLE, AT LEAST TEN (10) DAYS PRIOR TO THE PUBLIC HEARING GIVING NOTICE OF THE TIME AND DATE OF iHE PUBLIC HEARING ON THE PETITION TO ABANDON OR VACATE. '-' ..",,¡ DATE: APQ.¡ L 15 ~co^ " THIS PETITION MUST BE EXECUTED BEFORE A NOTARY PUBLIC ~ I/krj~ Petitio IS signature bEo¡2.G>E. .,4¡V() tw.¡A!l.6/:.IL.¿7 EM.¡¿¡¿SON Type or print Petitioner's name ~37 SJER..JJ I&AtV .£D Petitioner's Address H>J2.. -r PI EI2..CE. F=L 3 'f'ì L..{ 5 I (7ì;)') I{ ~ Lf - ~o '50 Petitioner's Phone Number COUNTY OF 5-.: LI.tC-¡ E- STATE OF fL..o~IDA Before me this day personally appeared GEÞe.6£ MJv MA~",At2£T £¡I.(~~ho, being duly sworn, deposes and says: That '~ t. y is~ the Petitioner(§}; and, That all of the representations and information provided in the petition is true and accurate to the best of Petitioner 's knowledge, information and belief. Subscribed and sworn to (or affirmed) before me this 1.f.. day of Ai'2../ L- , 20D:2¡ by ,k. who personally appeared before me and _ who is personally known to me. _ whose identity I proved on the basis of _ whose identity I proved on the oath/affirmation of , a credible witness ~~Jß,~ Notary Public "-"" C. MARK BENDER COMMISSION' DOl019~9 EXPIRES MAR 20 2006 IONDED IMIOUGH JDVI>HW3Æ NOWY 1 I - W~[~ 1 .., g¡ a: ~ '" .., ~I, 0- , , NORTHWEST I ~ , t.40Nne: M. >;£A'<!:R BE~...RC A. EGAN ¡;¡¡O'<!:S, INC. I' , , I ' I N, 2.,3.19 BERNARO A. (CAN CROVES. INC. BE.RNARO A. ECAN GROvES, INC. , :1:' .., " :r .. .. .. 101.54 ------ , " 1 , JOI1N , CA!.APSEl.L , 150.65 , - 8ERNUO /1... EGAN GRO>ÆS. INC. I I , 1 ~ :, ~ M¡ ..: ~ 0- - - - - 1I5.Ò) TETLEY :;ROVE.S INC - , TWP. 36S.-RNG 39E. 32 QUADRANT 59.22 , , I ~. 1 19 I , , 1 , I Ii! 1 ! , , 1 , , , , 30 51.67 15.1.60 ~ . - - - JOSEPH BEAU:, JR. )7.75 'w' TWP. 35S.-RNG. 39E. SOUTHWEST QUADRANT ST LUCIE COUNTY. FLORIDA I I ui I '" .. d z ,I '1' .; '" .. .: i ~ 0- i 'will 1 I 5280 1/2 1080 2&"0 OF 1 , , , , (MILES I a I a SEE PAGE 30 880 1320 I FEET I TWP 355 ·RNG 39E. I I ttitlY "" : ~ I," H ",," .5 UI :~1¡¡;:~!5~~ ... ..r m ".'8. ,. "'lI.'t;. ~ w QAPI.~ ....Ie .'!IIi '" ""l1iWI ~;Æ Ct.. 2.21 ::: :~ 1M2 ~ ~g ... ·5 I." ~:~::!: o~ !:II:le~~ 1.9] 9.+6P9~ -"II ;:~h Q~RDENJ -..; '.n '1In"I"I" "- :::: .............- ".21 21 ~~2=~~~~l'~ ~ SA~ .!c tJARI( ~"'UN('r' JR j7.46 I I R08ERT 8~U.NSCI)MB BERN A.RO A. EGAN GROV(S, INC. A.W 38.34 IoAOOR£. 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BOOK 285, PAGE Ja9 -< < jL.-..J LOT 1 I LOT 2 : IE ~ ~-r--------_---!lLOCKi-"D'~----------------l ~ I : : : ~ !L. '" I 6D'!R LOT 4 LOT 3 I._ : .- I ~-------------------~--------------------- 0- r;; w '" < c.. g N " o o '" DESCRIPTION ALL OF THE EXISTING 60' RIGHT OF WAY FOR SCHWAB ROAD LYING WEST OF THE EXISTING 60' RIGHT OF WAY FOR JERNIGAN ROAD AND EAST OF THE EAST RIGHT OF WAY FOR McCAIN LANE, PER PLAT OF "n PIERCE GARDENS" P.B. 5, PAGE 61 AND ADDITIONAL RIGHT OF WAY PER O.R.B_ 285, PAGE .369 ALL LYING IN ST. LUCIE COUNTY FLORIDA. JOHN G. ALBRITTON a: ASSOCIATES\) DEVELOPMENT CONSULTANTS 0 SURVEYORS AND MAPP THIS IS NOf A SURVEY 2011 South 25th Str..t. Suite 201 0 Fort Pierce, Florida J49H CERTIFICATE Œ AUTlmlZATION No. LB 8585 (681)~64-0081 Fa. (581)~8+-189~ JOB. No. 22-1062 SCALE: 1·~100' FIELO: N A (7M;. No. A-593 APPROV. flY: JGA DRN. flY: P.S. REF: 9+-102~ DWG FILE: 22-1062 \.. ~ III¡ SCRIPPS TREASURE COAST PUBLISHING COMPANY Fort Pierce Tribune Port St. Lucie Tribune P.O. Box 69, Fort Pierce, FL 34954-0069 SCRIPPS HOWARD AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared, S, Darlene Mailing, who on oath says thai she is Classified Inside Sales Manager 01 the Fort Pierce Tribune and the Port SI. Lucie Tribune. a daily newspaper published at Fort Pierce in SI. Lucie County. Florida: that the attached copy of advertisement was published In the Fort Pierce/Port SI. Lucie Tribune in the following issues below. Alfiant further says thai the said Fort Pierce/Port SI. Lucie Tribune is a newspaper published in Fort Pierce in said SI. Lucie County, Florida, and that said newspaper has heretofore been continuously published in said SI. Lucie County, Florida daily and distributed in SI. Lucie County, Florida, for a period of one year next preceding the first publica bon of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount. rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Fort Pierce Tribune has been entered as second ciass matter at the Post Office in Fort Pierce, SI. Lucie County. Florida and has been for a period of one year ne.t preceding the first publication of the attached copy of advertisement. Ad .. Customer Name ð!J! CODvline POil Dale 2404853 EMERSON. GEORGE H, 04/17/2002 Notice Intent Abando 04/24/2002 Notice Intent Abando Subscribed and sworn to me before this date: '::Eþi 'Wf/III -.1',/',,, "" '_':"',''''''i;:_'l-,'- '~~~i.IPLEOF N@'¡rcE O~:i : .INTENT, TQ ABANDON-', '.- '. - "1' - : , ')"' :,'" '~i-, ; .4;'" " '--', "-,', ,. t':: :!<~' ~-u-b!is~: ~p~riì., !/.2~;:·2002_-:¡- ~.t~ti~¡5J~~j:,~:~~t~!t{t'b.;:'? · '" '-" AGENDA REQUEST ITEM NO. ('~b DATE: May 21, 2002 REGULAR (] PUBLIC HEARING (] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 02-17 - Dori Slosberg Driver Education Safety Act BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board authorize staff to advertise draft Ordinance No. 02-17 for a public hearing on June 18, 2002 at 7:00 p.m. or as soon thereafter as the item may be heard. COMMISSION ACTION: CONCURRENCE: A APPROVED [ ] DENIED [ ] OTHER: ~~ t>ouglas Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept, Public Works 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. 02-702 DATE: May 13, 2002 SUBJECT: Dori Slosberg Driver Education Safety Act ---------------------------------------------------------------------- ---------------------------------------------------------------------- BACKGROUND: Attached for review is a copy of draft Ordinance No. 02-17, which, if adopted, would implement the "Dori Slosberg Driver Education Safety Act", a cop of which is also attached. The Act allows the Board to adopt an ordinance requiring the clerk of the circuit court to collect an additional $3.00 with each civil traffic penalty to be used to fund traffic education programs in public and non-public schools. RECOMMENDATION/CONCLUSION: Staff recommends that the Board authorize staff to advertise draft Ordinance No. 02-17 for a public hearing on June 18, 2002 at 7:00 p.m. or as soon thereafter as the item may be heard. DSM/ caf Attachments '-" -..I ORDINANCE NO. 02-17 AN ORDINANCE CREATING ARTICLE III (DRIVER EDUCATION SAFETY TRUST FUND) OF CHAPTER 1-7 (COURTS) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY PROVIDING FOR AUTHORITY FOR ENACTMENT PURSUANT TO THE "DORI SLOSBERG DRIVER EDUCATION SAFETY ACT"; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE CREATION OF A DRIVER EDUCATION SAFETY TRUST FUND; PROVIDING FOR THE CLERK TO COLLECT AN ADDITIONAL $3.00 WITH EACH CIVIL TRAFFIC PENALTY LEVIED IN ST. LUCIE COUNTY TO BE DEPOSITED IN THE TRUST FUND; PROVIDING FOR EXPENDITURES FROM THE DRIVER EDUCATION SAFETY TRUST FUND; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 98 of Chapter 2002-20, Laws of Florida, known as the "Dori Slosberg Driver Education Safety Act", authorizes this Board to enact an ordinance requiring the clerk of the court to collect an additional $3.00 with each civil traffic penalty to be used to fund traffic education programs in public and non-public schools. 2. Implementation of the Dori Slosberg Driver Education Safety Act is in the best interest of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 1 '-' ...." PART A. CREATION OF ARTICLE III (DRIVER EDUCATION SAFETY TRUST FUND) OF CHAPTER 1-7 (COURTS) Article III (Driver Education Safety Trust Fund) of Chapter 1-7 (Courts) of the Code of Ordinances of St. Lucie County, Florida, is hereby created to read as follows: ARTICLE III. DRIVER EDUCATION SAFETY TRUST FUND Sec. 1-7-30. Authority for enactment of article. This article is enacted pursuant to the authority vested in the board of county commissioners by virtue of Section 98 of Chapter 2002-20, Laws of Florida known as the "Dori Slosberg Driver Education Safety Act". Sec. 1-7-31. Definitions. For the purpose of this article, the following terms have only those meanings ascribed to them: Board of county commissioners shall mean the board of county commissioners of St. Lucie County, Florida. Clerk shall mean the clerk of the circuit court and county court of St. Lucie County and accountant to the board of county commissioners. County shall mean the incorporated and unincorporated areas of St. Lucie County, Florida. Sec. 1-7-32. Creation of Fund and accountinQ. (g) Pursuant to the Dori Slosberg Driver Education Safety Act, on 'or after October 1, 2002, the clerk shall collect an additional $3.00 with each civil traffic penalty levied in St. Lucie County. í.Q.l The clerk will keep a record of collections collected by the clerk. The clerk shall forward all monies collected to the board of county commissioners for deposit into a special and separate account titled "Drivers 2 '-' ...., Education Safety Trust Fund." Once each quarter. the board of county commissioners shall reQuire a full report from the clerk as to the amount of funds collected and deposited into the Driver Education Safety Trust Fund, and amount of expenditures from the Driver Education Safety Trust Fund. Sec. 1-7-33. Expenditures. Monies deposited into the Driver Education Safety Trust Fund shall be used to financially assist driver education safety programs in public and non-public schools in the County. The funds shall be used for direct educational expenses and shall not be used for administration. In order to receive assistance c¡rants from the Driver Education Safety Trust Fund. programs shall be selected as program recipients on the basis of selection procedures which shall be developed by the county administrator. Such procedures shall include as a basis for selection the success of the proc¡ram. Final approval shall be made by the board of county commissioners upon recommendation by the county administrator, and selections shall be made annually. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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 AND APPLICABILITY. 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. 3 '-" "will PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. This ordinance shall take effect on October 1, 2002. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward XXX Vice Chairman Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Commissioner Paula A. Lewis XXX Commissioner John D. Bruhn XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this 18TH DAY OF June, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 4 \..f APPROVED AS TO FORM AND CORRECTNESS BY: ...", County Attorney 5 ~ AGENDA REQUEST I~ NO. C-4-A DATE: May 21,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY; SUBMITTED BY (DEPT): Purchasinq Michael Rath. PurchasinQ Director SUBJECT: Award of RFP No. 02-027, Port Engineering Services BACKGROUND: On March 6, 2002, proposals were opened for Port Engineering Services. Two thousand (2000) vendors were notified, one hundred twenty-one (121) proposal documents were distributed and four (4) proposals were received (tabulation attached). The Evaluation Committee met on April 4, 2002, to review and rank the proposals based on the criteria set forth in the Request for Proposal (RFP). The Committee short-listed the submissions to two (2) firms, Han-Padron Associates and Taylor Engineering, Inc., and determined that it was in the best interest of the County to hear oral presentations by both firms. Presentations were heard on May 9, 2002. Based upon the proposals submitted and the oral presentations, the Committee unanimously recommends approval for staff to negotiate contracts with both firms. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On February 22, 2002 the Board granted permission to advertise proposals for general engineering services related to the development of the Port of Ft. Pierce. RECOMMENDATION: Staff recommends award of RFP No. 02-027 for Port Engineering Services to Han-Padron Associates and Taylor Engineering, Inc., and authorization for staff to negotiate contracts and the Chairman to sign the contracts as prepared by the County Attorney. COMMISSION ACTION: CONCURRENCE: r.x APPROVED [] DENIED [ ] OTHER: ~~ Doug Anderson County Administrator County Attomey:(X) y Coordination/Signatures Mgt. & Budget (X) µ JY1 fY¥!l:p ~~r fl~~. ( J Purchasing Mgr. : (X) Other: (1"/ /- ¡:.- Originating Dept: Finance: (Check br Copy only. if Applicable) Eff.1/97 '" . '-" .. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS TABULATION SHEET - RFP #02-027 PORT ENGINEERING SERVICES PW-ENGINEERING OPENED: MARCH 6, 2002 @ 2:00 P.M. THE FOLLOWING VENDORS RESPONDED TO THE RFP: 1. HAN-PADRONASSOCIATES - TAMPA,FL 2. PBS&J - WEST PALM BEACH, FL 3. TAYLOR ENGINEERING INC. - JACKSONVILLE, FL 4. WILLIAMS, HATFIELD & STONER, INC. - PORT ST. LUCIE, FL NUMBER OF COMPANIES NOTIFIED*: 2000 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 121 NUMBER OF BIDS RECEIVED: 4 . PERDEMANDSTAR.COM C:\MYFIIJ:S\BIDTAB.WPD ..."" '1\ AGENDA REQUEST ~M NO. C-4-B DATE: May 21 , 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Purchasinq Michael Rath, Purchasinq Director SUBJECT: RFQ No. 02-053 Port of Fort Pierce, FL Design, Build and Operation for Development of 87 Acres or a Portion Thereof BACKGROUND: On May 1,2002, statements of qualifications were received in response to the Request for Qualifications (RFQ) for the Port of Fort Pierce, FL Design, Build and Operation for Development of 87 Acres or a Portion Thereof. One thousand three hundred twenty-two (1322) potential respondents were notified, fifty-eight (58) proposal documents were distributed and four (4) proposals were received (tabulation attached). The Review Committee met on May 15, 2002, to review the statements of qualifications based on the criteria set forth in the RFQ. The Committee unanimously recommends that Sun Resorts International be considered non-responsive for failure to submit required evaluation information, and that the remaining firms, Fort Pierce Development LLC, The Haskell Company, and World Port, LLC, be requested to provide oral presentations at a workshop session to the Committee and the Board of County Commissioners. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: The Review Committee recommends that Sun Resorts International be considered non-responsive for failure to submit required evaluation information, and that the remaining firms, Fort Pierce Development LLC, The Haskell Company, and World Port, LLC, be requested to provide oral presentations at a workshop session to the Committee and the Board of County Commissioners. COMMISSION ACTION: ~ APPROVED [] DENIED [ ] OTHER: CONCURRENCE: ~~ Doug Anderson County Administrator Coordination/Signatures County Attorney.(X) ::",-'''-,.", Mgt. & Budget: Other: Purchasing Mgr.:(X) . c. __-,. Other: Originating Dept: Rnance: (Check br Copy only, if Applicable) E¡f.1/97 , "'"' -""J * :2 :2 :2 ~(,HN"" ~ 0 > ~"":J :;:0 ." '-' '-' '-' '-' l"'1 ~ ~ ~ = "'= ~ =0 ~ ~ ~ ~ ~ t.'!'j t!"j ~ t!"j:;:O .0 t:;I = = = Z g;~ =I:!: l"'1 .~ ..... ~ ~ ~ ~ ~íI:J~~ 0 t!"j Z = ::c ::c ::c O~=o ~ ..... o~ N :I> 0 0 0 t"" íI:J ~~ . 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C-5 DATE: May 21¡ 2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): Sheriff's Office Bill Simon Grant Programs Administrator SUBJECT: "Cops in Schools" Grant Program BACKGROUND: See attachments FUNDS AVAILABLE: NjA PREVIOUS ACTION: Applied for and received similar grant last year. RECOMMENDATION: Staff recommends that the board authorize the County Administrator to sign and submit a grant application¡ on behalf of the Sheriff's Department¡ to the US Department of Justice¡ "Cops in Schools" program. COMMISSION ACTION: CONCURRENCE: [.~ APPROVED [ ] DENIED [ ] OTHER: ~~ Douglas Anderson - County Administrator County Attorney: Review and APproval~ Management & Budget vntn Purchasing, Oriqinatin9 Dept._ Othec Othec Fina~ce, (Check for Copy on~y, if applicable) Eff. 5/96 '- ...." , U.S. Department of Justice Office of Community Oriented Policing Services COPS COPS Application Forms www.cops.usdoj.gov COMII'UNITY ØRIENTm PQUC'Hg S£RvlCn u.... ".¡qAT.....T IJ~ .JUSTICIf COPS in Schools 2002 Application Forms Postmark deadline dates for the COPS in Schools 2002 applications: May 17, 2002 - Priority consideration deadline June 14, 2002 - Second and final deadline u.s. Department of Justice Office of Community Oriented Policing Services Carl R. Peed, Director OMB Approval Number: 1103-0027 '- COPS in Schools 2002 Application Forms \ The following application is designed to assist law enforcement agencies seeking to lúre new, additional career law enforcement officers or sherilTs deputies as School Resource Officers to engage in community policing in and around primary and secondary schools. For more information about COPS grants, call the U.S. Department of Justice Response Center at 1.800.421.6770. U.S. Department of Justice Office of Community Oriented Policing Services 1100 Vermont Avenue, NW Waslúngton, DC 20530 Internet web site: http://www.cops.usdoj.gov Revised March 2002 ...., '- "wi Contents Unless othelì\ise noted, failure 10 submit all required documentation at the time of application may delay processing and/or result in the denial of your application. Appl ication Form, . . , , . . , , . . . . . . . . . , . . . . . . . . . . . . . . , . . , , . . . . . . . . . . . . . . , 1 Additional Partner Page (if applicable). , , .. . .. . , . . .. . , . . . . . . . . , . . . . . . . . . . . . 9 COPS in Schools Training Requirements ... . . . . . . . . , , . . . . . . , . . , . . . . . . . . . . . . 11 Certifications. , . , . . , . . . . . . . , . , , . , , , . . , . . . . . . . . , . . , . . . . . . , . . . . . . . . . . . . 13 Assurances. . . , . . , . , . . . , . . , . . , . . . . . . . . . . . . . . , , . . . . . . . . . . . , . . . . . . . . . , 15 Disclosure of Lobbying Activities (if applicable). .. . . .. , .. . . . . . . . . , . . . . . . . . . . .17 Retention Plan Certification. . . . . . . . , , . . , . . . . . . . . , . . , , . . . . . . . . . . . . . . . . . . . 19 COPS in Schools Narrative Addendum, , . . . .. . , . . . . , .. , , .. . .. . . . . . . . . . . . . . . 21 Memorandum of Understanding (MOU) Form. . . . . , . . , . . . , . . , . . . . . . . . . . . . . . . . 23 Special Department Questionnaire (if applicable) , . . . . . . . . . . . . . , . . . . . . . . . . . . . 29 Sheriffs Department Questionnaire (if applicable). . . . . . . . . . . . . . . . . . . . . , , . . . . . 31 Start-up Department Questionnaire (if applicable), . . . . . , , . . . . . . . . . . . . . . . . . . . . 33 \ Budget Information Worksheets . . , , , . , . . . , . . . . . , , . . , . . . . . . . . . . . . . . . . . . . . 1A \.or '-' Application Form COPS in Schools 2002 Application Form Postmark deadline dates for the COPS in Schools 2002 applications: May 17, 2002 - PriorilJ consideration deadline June 14. 2002 - Second and final deadline Applications postmarked on or before May 17, 2002 will receive priorilJ consideration for Fiscal Year 2002 funding. Applicaüons postmarked afteI May 17, 2002, but on or before June 14, 2002 wjJl receire secondary consideration. All grant awards are subject to the availabilif]' offunding. The following application pages and enclosed forms are to be completed by jurisdictions wishing to apply for a COPS in Schools grant to pay for enUJ'-level salaries and benefits of newly hired, additional School Resource Officers to be deployed to work in and aroood primary and secondary schools. COPS in Schools funds also may be used to pay for new, additional sworn officers who will take the place of locally- funded veteran officers that your agency deploys as the School Resource Officer(s) as a direct result of this grant. Furthermore, the SRO (s) must devote at least 75% of their lime to work in and around primary and secondary schools, in addition to the time that your agency would have devoted in the absence of the CIS grant. [For aóóiûonaJ infonnation, please see examples on page 7 of the Application lnsfrucûonJ Manual) By signing this form, your agency understands that the COPS in,Schools program grants provide a maximum federal contribution of up to $125,000 per entry- level officer over the three-year grant period, with any remaining costs to be paid with local funds. There are no waivers of the local match under the COPS in Schools grant program. All budget ca1culalions must be based on the salary and fringe benefits o! an entry-level officer in your department. Note: Please be sure to submit onl] one COPS in Schools grant application per law enforcement agenCJ under the COPS in Schools 2002 opèn solicitation period, regardless 01 the number of schools or school districts involved in the partnership. COPS in Schools funding must be used to hire new, addilional School Resource Officers, over and above the number of sworn officers that your agency would fund with stale or local funds in the absence of the grant (including all officers locally budgeted and any officers already assigned to the schools). Your agency may not reduce its state. local or Bureau or Indian Affairs funded level or sworn officers (including all officers locally budgeted and any officers already assigned to the schools) as a reswt of applying for or receiving COPS in Schools grant runding, [EOJ addj(jonal information, please see page 13 of the Application InsfrucûonJ Manual) In addition to the demographical information collected on the applicalion rarms. applicants must also submit the enclosed Afemorandum of Understanding (MOD) Form that outlines the roles and responsibilities of the collaborative effort between the 1 \.... "'" COPS in Schools Application Forms law enforcement agency and the primary and/or secondary school (s). The MOll requires the original signatures of the law enforcement executive and appropriate school official. In addition, applicants must also submit a separate typewritten double-spaced Narrative Addendum on department letterhead to address the four bulleted topics listed on the Narrative Addendum page included in your Application Kit. COPS in Schools grantees are required to retain all additional officer positions awarded for at least one full local budget cycle following the expiration of the COPS grant funding. The additional officer position (s) must be added to your agency's law enforcement budget with state or local funds for at least one full local budget cycle, above all other locally-funded officer positions (including other School Resource Officers) that would have existed in the absence of the grant. As a result or this requirement, all COPS in Schools applicants must submit the enclosed Retention Plan Certification. Failure to submit or accurately complete any of the application materials may adversely affect your agency's eligibility to receive funding. 2 \.. 'wi Application Form Please ensure all questions are answered completely, and '!1>ewriUen in the spaces below. All documents submitted with the original copy of the application must have original signatures; stamped or electronic signatures will not be accepted Previous editions of Ihis application may not be used (3/14/02). I. General Information Applicant Organizations Legal Name: St. Lucie County Sheriff's Office Applicant Agency OR! Number: K... ~ .Q ...2.. -º- º-...Q 0 The om number is assigned to your agency by the FBI for purposes of UCR crime reporting. It begins with your two letter state abbreviation followed by five digits. For further clarification, please refer to the Application Instructions Alanual, page 16. Appiicant Agency BiN Number: .2...2. -º-- iL -º ..Q .B..l....8 The llN number is assigned to your agency by the intemal Rerenue Service (IRS) and consists of nine digits. Howerer, if the Ollice of/ustice Programs lias assigned your department an EIN number, please use that assigned number. Otherwise, your iRS llN number should be u:ied For further clarification, plea:ie refer to the Applicatio/I instruction Manual, page 15. Federal Congressional District Number{s}: 12 Do not :iub:ititute state or local congre:isional di:itricts. Are you contracUng for law enforcement services? 0 Yes :aNo If "yes, /I enter the name and agency information of the contract law enforcement department in the Executive Illformation section belofl: Ear further clarification in determining if this applies to your agency, please refer to the Application Instructions Manual, page 15. In the space beiow, please proYide a brief description of your agencys inability to implement this project without federal assistance. With out this funding assistance. the St. Lucie County Sheriff's Office would not be able to expand our COPS in Schools Program to "double up" on our School ReRonrce Deputies in our largest middle and high schools. The COPS in Schools funding helps to ease the expenses for salary and benefits and with out this federal support our pro;ect would not be possible. Ihis funding also helps to strengthen our (in-school) homeland security efforts. 3 .-. ~ COPS in Schools Application Forms II. Executive Information The law enforcement and government executives that appear in this section must be Ihose individuals who will have ultimate financial and programmatic authority for this grant. Typically, these are the highest-ranking officials within your jurisdiction (Chief of Police, Sheriff, or eqwvalent for law enforcement executives, and Mayor, Ci~· Manager, or equivalent for government executives). Listing individuals without financial and programmatic authority for the grant could delay the review of your application. or remove YOUT application from consideration. law Enforcemellf ExecufÚ-e's Name: Ken J. Mascara Title: Sheriff Agency Name: St. Lucie County Sheriff's Office Address: 4700 West Hidway Road City: Fort Pierce State: Flori da Zip Code: 34981 Telephone: (772) 462-3200 Fax: (772) 48Q-';8';1 Email: Type of Police Agency: o Municipal 1Œ Sheri!T* o School' o Public Housing' o Other' (please specify) : * Agency types with an asterisk next to them must complete the additional questionnaire found in this Application Kit, and submit it along with your application. , o State 0 County PD o Tribal" 0 Transit' o University/College' (0 Public or 0 Private) o New Start-Up' (please specify): Government ExecuUve's Name: Douglas Anderson County Title: Admin. Name of Government Entity: St. Lucie County Address: 2300 Virginia Avenue City: Fort Pierce State: Florida Zip Code: 34982 Telephone: (772) 462-1450 Fax: ( 772) 462-1648 Email: douga@stlucieco.gov 4 '- -...J Application Form Type of Coyernment Entity: o State 0 City ,0 Borough 0 Township o Community 0 Pueblo o Village 0 Council o Other (please specify): o Town o Territory o Nation xx County o Region o School District Contact Information: Name of contact person in your agency familiar with this grant: William R. Simon Title: Grant Programs Administrator Telephone: (772) 462-3359 Fax: (772) 462-3218 Email: wrsimon@hotmail.com III. Partner Information Under the COPS in Schools grant program, applicants must enter into a partnership agreement with an official for a specific school or school district with general educational oversight authority within that jurisdiction. Please note, you must designate one school oflicial as the school representative under the grant program. ** In the space below, please provide the information for the individual that will be responsible for ensuring that the appropriate school official attends the mandatory COPS in Schools training. If the proposed project affects an entire school district, then the official with general educational oversight over the entire school district should complete the information below. In addition, this individual will be required to sign the attached COPS in Schools Training Requirement. \ Name oCPartner Agency or School District: St. Lucie County School District School Official Name: Dr. William Vogel TItle: Superintendent of Schools Address: 2909 Delaware Avenue City: Fort Pierce State:Florida Zip Code: 34947-7299 Telephone: (772) 468-500OFax: (772)468-5099 Email: **If there are multiple partners inyolred in this project, please proyjde tJ¡e information listed above for eacb oftbe parlners on tbe attacbed "Additional Partner Page" included witJ¡ tlús application. Howeyer, only one scboolofficial per grant award ItiU be permitted to attend tbe CIS Training. 5 '- ..,¡ COPS in Schools Application Forms At the time of application, agencies must include two separate written documents prepared in cooperation Witll the partner school(s), or schooJ district(s), involved in the program. The first document is the typewritten Narrative Addendum on departmem letterhead that oudines the proposed project. For additional information on this requirement, please refer to page 21 of this Application Form. The second document is the Memorandum of Understanding (MOU) form that details the roles and responsibilities of the partners involved in this project. For additional information on this requirement, please refer to page 23 of this Application Form. In addition, the Retention Plan Certification form must be submitted which outlines your agency's plan to retain all additional oHicer positioflfJ awarded for at least one full local budget cycle following the expiration oj COPS grant funding for each COPS-funded oHicer position. The lau enforcement executive and government executive that iIre listed on page 4 ofthis Application Form must sign this form. COPS In Schools Additional Training Condition **Signatures required** Please have the Law Enforcement Executive and designated School Representative sign the attached COPS in Schools Training Requirement on page 11. All agencies receiving awards through the COPS in Schools program are required to send the ofIicer(s) deployed into the SclJOol Resource Officer position(s) as a result of this grant, and the individual designated as the School Representative under the grant program, to attend one COPS in Schools Training. The COPS Office wi/1 reimburse grantees for training, per diem, travel, and lodging costs for attendance of required participants up to a maximum of $1,100 per person attending. Should your agency receive a COPS in SclJOols grant, your agency will receive additional training information following llOtiflcation ofthe grant award. IV, Department Information: Population served (2000 U.S. Census): 192 . 695 and square miles covered' 558 Exclude the population and square miles primarily served hy other law enforcement agencies within your jurisdiction. For example, a sheriff's department must exclude populations and areas covered by a city police department for which the sheriffs department does Il0t have primary law enforcement authority. 6 \... ...,J Application Form Current budgeted locally-funded sworn force strengtll as of the date of this application: Full-time officers: 232 Part-time officers: 0 The budgeted 10caDy-funded sworn force strength is the number of swom omcm your department has allocated for in its budget, including state and local!j funded vacancies. Do not include unpaid/reserve omcers. COPS-fundea positions (unless they are in the locally-funded retention period), or detention staff unless they perfoml police functions. Current actual locally-funded sworn force streIlgth as of the date of this application: FiliI-time officers: 386 ParI-time officers: 0 The actual 10caDy-funded sworn force strength is the actual number of sworn omcers employe! by your department as of the date of this application. Do nOl include vacant state or locally-funded positions, COPS-funded positions (unless they are in the locally-funded retention period), or unpaid/reserve positions. V. Officer Request Information: What is the total number of new omcer position (s) for whicll you are now applying under this COPS in Schools application? Full-time: 3 Part-time: 0 four request should be consistent with your agency's la II' elúorcement needs. Do not request more positions than your agenC)' can support. "Total amount of federal funds requested for all full-time and part-time , omcer positions: $ 372' 648 "Total amount of non-federal matching funds required (local share): $ 7,728.00 " To answer these questions, complete the COPS in Schools 2002 Budget Information Worksheets provided in tbese Application Forms. Please note the attached budget worksheets should be completed for one o1licer; as a result, please remember to multiply by the total number of omcers requested. 7 \w "'wI COPS in Schools Application Forms I certify that the information provided on this fonn and the attached fonns is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection \\ith COPS grants may result in fines, imprisonment, debarment from participating in federal grants or contracts, and/or any olher remedy available by law to the Federal government. Additionally, I understand thai prior to any grant award. the applicant must comply with all application and program requirements of the Public Safely Partnership and Community Policing Act of 1994 and other requirements of federaJ law. In addition, my signature certifies that this application requests funding only for positions Ihat would not be othef\\ise funded in my agency's budget with state, local or Bureau of Indian AlTai rs fun ds. t Exec £Signature: Date: 5h~,z t Government Executive's Signature: Date: (Signature of person named in Section II of this fonn) (Signature of person named nder Section IIi "Partner Information" as Representative for tllls grant program and the required training.) v Pleafe return one original and two cooies of all application materials. Please be sure to include the Memorandum of Understanding (MOU), Narrative Addendum, Assurances, CertiDcations, Budget Information Worksheets, Retention Plan CertiDcation, and any additional information necessary to complete your request for grant funding. Completed application kits should be mailed to: COPS in Schools Control Desk U.S. Department of Justice, COPS ODìce 1100 Vermont Avenue, NW 7th Door Washington, DC 20530 (please use 20005 zip code for overnight mail) Note: Original signatures are required on the original application to process all funding requests. Faxed copies will N.QI be accepted, Applications postmarked after the final application deadline date will not be considered. Please be advised that a hold may be placed on this application jfit is deemed that the applicant agency is not in compliance with federal civil rights laws and/or is not cooperating Itith an ongoÍ11g federal civil rights investigation. 8 OMB Approval Number: 1103-0027 ~ '....I COPS in Schools Additional Partner Page Additional Partner Page (If applicable) This form is only required if your agency is partnering with more than one school or school district. rr your partnership involves multiple school partners, your agency must provide the attached information for each school or school district. This form must be signed by both the school oOidal and the law enforcement executive and returned at the time of application. Name of Partner Agency or School District: St. Lucie County School District School Official Name: Dr. William Vogel1ìtIe: Superintendent of Schools AdŒ~: 2909 Delaware Avenue State:Florida Zip Code: 34947-7299 Fax: (772) 468-5099 City: Fort Pierce Telephone: (772) 468-:5000 Email: ~H6L Dàte f(t~ D te 9 \w ......., COPS in Schools Additional Partner Page Additional Partner Page (If applicable) This form is only required if your agency is partnering with more than one school or school districl. If your partnership involves multiple school partners. your agency must provide the attached information for each school or school district. This form must be signed by both the school oDjeial and the law enforcement executive and returned at the time of application. Name of Partner Agency or School District: Dan McCarty Middle School School Official Name:Genelle Yost TItle: Principal Address: 1401 Sonth 1] th Street State:Florida Zip Code: 34950 Fax: (77?) 4hR-'i 70Q City: Fort Pierce Telephone: (772) 4tí8-'i700 EmaiI: - ¿ -/Ç-tJd).. Dale 7 I ale 9 '-' ...., COPS in Schools Additional Partner Page Additional Partner Page (If applicable) This form is only required if your agency is partnering \'lith more than one school or school district. If your partnership involves multiple school partners, your agency must provide the attached information for each school or school district. This form must be signed by both the school oflìcíal and the law enforcement executil'e and returned at the time of applícation. Name of Partner Agency or School District: Forest Grove Middle School School Official Name: Charlie Cumo Title: Principal Address: 3201 South 25th Street City: Fort Pierce Telephone: (772) 468-5885 Email: State: Florida Zip Code: 34982 Fax: (772) ')9')-1153 ~ i natur c . ~ ~L /DY fIr~ ate 9 '-' ..., COPS in Schools Additional Partner Page Additional Partner Page (If applicable) This form is only required if your agency is partnering wi!h more than one school or school district. If your partnership involves multiple school partners, your agency must provide !he attached information ror each school or school district. This form must be signed by both the school official and the Jaw enforcement executive and returned at the time of application. Name of Partner Agency or School District: Lincoln Park Academy School Offiáal Name: Gerry McPhersonTitle: Principal Address: 1806 Avenue I City: Fort Pierce Telephone: (772)468-')474 Email: State:Florida Zip Code: 34950 Fax: (772) 460-3016 (~ C--~---I, /~ C, , éù~,\,,-:.;.:.-\\~"L./-----~ (Signalure of sèllool OffiCial) ~~~¿;;t~ =- ¡_./ ,---...... .... ~ -,~-"-' -d--. Date p~~ ate 9 '-' ..., COPS in Schools Training Requirement COPS in Schools Training Requirement Award recipients of the COPS in Schools grant program are required to attend one COPS in Schools regionally-based training workshop. The Office of Community Oriented Policing Services (COPS) \\ill be the sole provider of this training workshop should your agency receive a COPS in Schools grant. If awarded, this training requirement must be completed \Iithin the original 36,month grant period unless an extension is authorized by the COPS Office, This training requirement \Iill be a granl condition that requires your agency to send the specific COPS in Schools officer(s) who \\ill be deployed into the school(s) as a direct result of receiving the grant 10 this training should your agency be awarded. This condition also requires thai one representative from the specific school or school district inlo which the officer(s) \\ill be deployed to attend this training along with the COPS in Schools Qfficer(s). The school representative must be an administrator with decision-making authority and be directly involved with the COPS in Schools program, Regardless of the number of schools or school districts involved in this partnership, only one school representative per gran I Ilill be permitted to attend the training. The COPS Office will pay for the training, travel. lodging and per diem for the required participants up to a maximum of $1,100 per participant. Due to space limilations, non-required participants I\ill not be permiued to attend this training at their own expense. Should your agency receive a COPS in Schools grant, information with respect to training opportunities will be forwarded to your agency following the official notification of the grant. Failure to comply \Iith this grant condilion by nol attending the required training, or by sending incorrect personnel to attend training, may result in the withholding offuture COPS grants or other federal funding, as well as any other available legal remedies. By signing this document, the signatory officials indicate Iheir understanding of, and agreement to abide by, the aforemenlioned grant condilion. I understand that this Iraining requirement is contingent upon the award of a COPS in Schools grant to my agency. 1( (J ~\. V Signature of Scho epresentative Sheriff Willial!l Vogel Printed Name of School Representative 511~lóL Date \\ Printed Name of Law Eoforcement Executhe ~~þ~ Date 11 ~ ..,J Certifications Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free \\orkplace Requirements Coordination with Effected Agencies; Non-Supplanting; and Retention. Althougr. the Department of Justice has made every effort to simplify the application process. other pro\"isio::..c; 0:· federal law require us to seek your certification regarding certain matters. Applicants should read the regulations cited below and the Î::s:I"'-lct.Îons for certification included Ì11 the regulations to understand the reguiremems and whether they apply to a particular applicant, Si;:::lC.lre of rh;s form pto\"ides for compti:wce v¡ritn certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," and 26. CFR Part 67, IIGovernment- \vide Deb:Jl"ment and Suspension (Nonprocurement) and Government-wide Requîrements for Drug-Free \\-or;"'?hce (Grants)," and the coorcli:ution requirement of the Public SaFety Pactnersrup and CommunÜy Policing Act of 1994. The cercitl",:ior:s ,hall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determír.e; :0 award the covered granr. 1. LobS\ing As reqëired by Section 1352, Title 31 of the U.S, Code, and implcmented at 28 CrR Part 69, for persons enterÌ11g ioro a gram or coo?erati\"e agreement over $100,000, as defined at 28 CFR Part 69, rhe applicant cercifies that: A. No fe¿eral appropriated funds havc been paid or wil1 be paid, by or œ Sehalf of the undersigned, to any person for influencing or attempting to influcnce an officer or emp[oyee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection w;th the making 0:" any federal grant; the entering into of any cooperative agreem~m; and the exten!,;ion, continuation, renewa1, amendment or rnodi:ìcacion of any federal grant or cooperative agreement; B. If a~~' funds other than federal appropriated funds have been paid or will be paid to any person for influencing or atœmpting to influence an officcr or employee of any agency, a member of Congre~5, an officer or employee of Congress, or an employee of a merr:ber of Congress in connection with this federal grant or cooperJ.:i,·e agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activitie~," Ì11 accord:ì.:1Ce with hs instructions; C. The u.~dersigned shall require that the language of th;s certitic~rcioo be included in the award documents for al1 subawards at all t1::rs [Including subgrants, contracts under grants and cooper:l:i\"e agreements, and subcontracts) and that all sub· recipien;s shall cerÜfy and disclose accorclingly. 2. Dcbarment, Suspension and Other Responsibility Marters (Direct Recipient) As reg'cired by Executive Order 12549, Debarment and Suspe~,ion, and implemented at 28 CrR Part 67, for prospective partici?l:1tS ín primary covered transactions, as detined at 28 CFR Part 6-, SecÜon 67,510 - A, The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benetÏ[s by a state or federal court or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not with;n a three-year period preceding this application been convicted of or had a cìdJ ju¿p.:m rendered against them for commission of fraud or a crim.:.::.-J 0 ffense in connection V.iÙ1 obtaining, attempting to obtain, or ?çr.orming a public (federal, state or local) transaction or con:rJ.c~ :.l.c¿er a public transaction; violation of federal or state antitru~: ~:J.ruteS or commission of embezzlement, theft, forgery, bribery. i.1lsitÏcation or destruction of records, making false statemer::s. or recei\ing stolen property; (iii) Are nor presently inclicted For cc oilierwise criminally or ei\"il1y charged by a go\"ernmemal e:::iC\' (federal, state or local) with commission of any of the Oi:~ë::5~S enumerated in paragraph (A)(ü) of this certification; and (iv) Have not within a three-year pe:ìüd prececling thi5 application had one or more public transactior.; ,:ederal, state or local) terminated for cause or default; ar:è ß, Where the applicant is unable '0 cerufy to any of the statements in this certification, he 0: s::e shall attach an explanation to this application, 3. Drug,Free Workplace (Gramee, O:r.er Than Inclividuals) As required by the Drug-Free \\'or~?Lce Act of 1988, and implemented at 28 CPR Part 67, S'.l"?'"" F, for grantees, as defined at 28 CPR Part 67, Sectio::; 6-,615 and 67.620 - A. The applicant cercitïes that it "\\-il or ",ill continue to, provide a drug, free workplace by: (i) Publishing a statement notihi::g =?Io)'ees that the unlawful manufacture, distribucion, disper:.s:::g, posse~~ion or use of a controlled substance is prohibiteè L': Òe grantee's workplace and specifying the actions that "ill Se :.:.<en agaÌ11st employees for violation of such prohib;tion; (ü) Establishing an on-going drug-:ree awareness program to inform emp10yees about - (a) The dangers of drug abu,e i::, ::,e workplace; (b) The grantee's policy of mai~-,;-jng a drug-free workplace; (c) Any available drug counselir.g. rehabilitation and employee assistance programs; and (d) The penalties that may be jrr,?J,ed upon employees for drug-abuse violations occurri..-:g 1.--: Ù1e workplace; 13 '- COPS in Schools Application Forms -.J (ii;) Making it a requirement thl: "'Jch employee to be engaged in the performance of the grant t-~ gìn~n a copy of the statement required by paragraph (i); (iv) Notifyjng the employee in :r.o ''''tement required by paragraph (i) that, as a concho,'" ot employment under the grant, the employee will - (a) Abide by the terms of the 5:,lrement; and (b) Notify the employer in \\"ri,,:og at his Ot her conviction for a violation of a criminal drug ~:.l:ute occurring in the workplace no later than five calendar ¿~,~ :.lEt::r such conviccion; (v) N otifyjng the agency, in ",ri,,:og, \\iu-in 10 calendar dap atter receiving notice under subpar~-::Jph (i\')(b) from an employee or otherwise receiving actual nouc~ ot- such conviction. Employers of convicted employees mus,;: ?rLKide notice, including position title, to: COPS Office, 1100 \'õ:mom .-\.\·e" N\V, Washington, DC 20530. Notice shall incluèo :r,e identification number(s) of each affected grant; (vi) Taking one of the follo\\i:o; JCDons, \\ithin 30 calendar days of receiving notice under suh,.:fJgraph (iv) (b), "ith respec: to any employee who is so comic:ed - (a) Taking appropriate per5oc.:oe~ a<don against such an employee, up to and inclL1~g term..ination, consistent v;ith the requirements of the Rehabw:.ltion ,-\.ct of 1973, as amended; or (b) Requiring such employee IO ?miripate satisfactorily in a drug abuse assistance or rer..Óilit.1uon program apprm-ed for such purposes by a federaL ':.lte or local health, Jaw enforcement or othcr apprc?ri:.l~e agency; (vii) Making a good faith effort to continue to maintain a drug- free workplace through impler.:Jomation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). ß, The grantee may insert in the spaco prm;ded helow the site(s) for the performance of work done i:1 connection with the specific grant: Place of performance (street aè¿res5~ city, county. state, zip code) Check 0 if there are workplaces 011 file that are not identified here. Section 67.630 of the regulations prm;des that a grantee that is a state may elect to make one ceni:5cacion in each federal fiscal year, a copy of which should be included ...-ith each application for Department of Justice funding. States and state agencies may elect to use OJP Form 4061/7. Check 0 if the state has eleCted to complete OJP Form 4061/7. 4, Coorchnation The Public Safety Partnership a:od Community Policing Act of 1994 requires applicants to cenify [hot there has been appropriate coorchnation with all agencies tha¡ =y be effected by the applicant's gram proposal if appro\'ed. Effected agencies may include, among others, the Ofiice of the United States Attorney, state or ]ocal prosecutors. or correctional agencies. The applicant certifies that there has been appropriate coordination with all effected agencies. GranteeNameandAddress:St Lucie County S}w!";ff'" Off;r-e, 4700 W i'!;ntJPlY fin, Fort P;prr-p,FL 34981 Application No, and/or Projec: ):"'':1e: Grantee IRS/ Vendor );:h-nber: ,)<)-fiOOO-R ,R Mascara, Sheriff Date: ~~¿2- Signature: As the duly authorized r resec:.;ti\'e of the governing body, I hereby certify that I an1 binding the goyerni"g body to the above certifications. Elections of new offici s will r.:~: relie\-e the governing body of its obligations under this grant. Typed Name and Title of GO\'e::-~"Dem Executive: Douglas Anderson. Coun ty Adminis tra tor Signature: Date: 14 '-' ..." Assurances Assurances Se"eral provisions of federal Jaw and policy apply to all grant programs. \Ve (the Office of Communir\" Oriented Policing Services) need to secure your assurance that you (the applicant) will comply with the:;e provisions. If you woul¿ like further informacion about any of the matters on which we seek your assurance, please contact us. By your authorized representative's signature, you assure us and certify to us that you will com?ly \"\ith alJ legal and administrative requirements that go\"ern the applicant for acceptance and use of federal grant funds. In par:iCJI.r. mu assure us rhat: 1. You have been legally and officially authorized by the appropriate go\"erning body (for example. mayor or city council) to apply for this grant and that the persons signing the application and these assurances on your behalf are authorized to do so and to act on your behalf with respect to any issues that may arise during proce.sing of this application, 2. You will comply with the provisions of federal law which limit certain political activities of your employees whose principal employment is in connection with an acti\'ity financed in whole or in part with this grant. Thesè restrictions are set forth in 5 U.S.e. § 1501. et seq. 3, You will comply with the minimum wage and maximum hours prm'isions of the Federal Fair Labor Standards Act, if they apply to you. 4, You will establish safeguards, if you haye not done so already. to prohibit employees from using their positions for a purpose that is, or giyes the _appearance of being, motì\·ated by a desire for printe gain for themselves or others, parricularly those with whom they have family, business or other ries. 5. You will give the Department of Justice or the Comptroller General access to and d'\e right to examine records and documents related to the grant. 6. You will comply with all requirements imposed by the Department of Justice as a condition or administrative .. reguirement of the grant; with the program guidelines; with the reguirements of Ol\m Circulars A-87 (governing cost calculations) and A ·133 (governing audits); with the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968. as amended; with 28 CFR Part 66 (Uniform Administrative Requirements); with the provisions of the current edition of the appropriate COPS grant owner's manual; and wirh all orher applicable laws, orders, regula dons or circulars. 7. You will, to the extent practicable and consistent with applicable law, seek. recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effecti\"e law enforcement by increasing their ranks within the sworn positions in your agency. 8. You \vill not, on the grounds of race, color. religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any per$on, or $ubject any person to discrimination in connection \¥;th any programs or activities funded in whole: or in part with federal funds. These civil rights requiremems are found in the non- discrimination proYi5ior:s of the Omnibus Crime Contra] and Safe Streers Act of 1968. jS :!.'11ended (42 U.S.e. § 3789(d)); Title VI of the Civil Right' .\c: ot' 1964, as amended (42 U.S,e. § 2000d); the Indian Civil RighI' .\ct :25l'.S.e. §§ 1301-1303); Section 504 of the Rehabilitation .\ct of 1973, as amended (29 U.S,e. § 794); Title II, Subtitle A of the .\r:lericans \\irh Disabilities Act (ADA) (42 t;,S,c. § 12101, et ,eg,); the Age Discrimination Act of 1975 (42 U.s.e. § 6101. et ,es.'; and Department of Justice Non, Discrimination Re?JiJ.:ions contained in Title 28, Parts 35 and 42 (subparts C. D. E l~d G) of the Code of Federal Regulations. 1\. In the event dU.ë ~.....'1y court or admjnistraùve agency makes a finding of discriIT'J.~;¡::on on the grounds of race, color, religion, national origin, ge::¿er, ci.isability or age against you after a due process hearing, yo-.;. J.g~ee to fOr\vard a copy of the finding to the Office of Civil Righ;<. Oftìce of Justice Programs. 810 7th Street. NW, Washington, DC 20331. B. Grantees tha: ÌlJYt SC¡ or more employees and grants over S500,OOO (or o\'er 5,,0<)0,000 in grants over an eighteen,month period), must sub::oi: :111 acceproble Equal Employment Opportunity Plan ~'EEOP") or EEOP shorr form (if grantee is required to submi, ,;c. EEOP under 28 CrR 42.302), that is approved by the O:'::ce ot' Justice Programs. Office for Civil Rights within 60 Ó::; 0:' the award srart date. For granrs under $500.000. but O\'er 525,000. or for grantees 'With fewer than 50 employees, the grar..:ee mu:.! submit an EEOP Certification. Grantees of less tbc 525,000 are not subject to any EEOP requirement. 9. You \vill insure U:.H IT.e facilicie:; under your ownership. lease or supervision which sr.ill be utilized in the accomplishment of the project are not lis:ec on [he Er,yironrnental Protection Agency's (EPA) lis¡ of \,iohric,g Facilities and that you will notify us if you are advised by the EP.\ ineticating that a facility to be used in this grant is under cor:sí¿eraëion for listing by EPA. 10. If your state hJ; e;¡ablishcd a review and commenr procedure under Executi\'e Order 12372 and has selected this program for re'\..ie"~ you ha\-e r:uèe this application available for review by the state Single Poim 0:' Contact. 11, You will plan to 'èuin each COPS·funded position with state and/or local (non,COPS; fund, after the conclusion of your grant, 12. Your agenCl· wiU :;0[ use COPS funds to supplanr (replace) state, Jocal, or Burt'"2.:.l 0: Indian Affairs funds that othef\'ilise would be made 2xaibble for the purposes of this grant. Signature: assurances that go\"ern the application and use 0:' :D'e¿er~ fun;~~~ .1,e. I 15 '-' ....., Disclosure of lobbying Activities Disclosure of Lobbying Activities Instructions for Cornpløtlon of SF-LLL, Dlsclosuro of Lobbying Activltios This disclosure fonn shall be completed by the rep0l1ing entity, whether sub awardee or prime federal recipient, at the initiation or receipt of a covered federal action, or a material change to a previous filing, pursuant to title 31 U.S.c. section 1352. The tìling of a fOilll is required for each payment or agreement to make payment to any lobbying entity 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 a covered federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of 11anagement and Budget for additional information, I. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered federal action. 2. Identify the status of me covered federal action. 3, Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred, Enter the date of me last previously submitted report by this reporting entity for this covered federal action. 4. Enter the full name, address. city, state and zip code of the reporting entity. Include Congressional District number, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier, Subawards include but are not limited to subcontracts, subgrants and contract awards under grants, 5, If the organization filing me report in item 4 checks "Subawardee," then enter me full name, address, city, state and zip code of the prime federal recipient. Include Congressional District, if known, 6. Enter the name oftbe federal agency making the award or loan commitment. Include at lea>-¡ one organizational level below agency name, ifknown. For example. Department of Transportation, United States Coast Guard. 7. Enter the federal program name or description for the covered federal action (item I). IfknO\\1l, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments, 8. Enter the most appropriate federal identifying number available for the federal action identified in item I (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant armouncement number; the contract, grant, or loan award number; the applicatiOlvproposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001." 9. For a covered federal action where there has been an award or loan commitment by the federal agency, enter the federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting registrant identified in item 4 to influence the covered federal action, (b) Enter the full name(s) of the individual(s) performing services, and include full address if different ITom 10 (a), Enter Last Name, First Name, and Middle Initial (MI), II. The certif)ing official shall sign and date the form, print his/her name, title and telephone number. Public reporting burden for this collection of infO/mation is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and re>'iewing the collection of infonnation. Send comments regarding the burden estimate or any other aspect of this collection of infonnation, including suggestions for reducing this burden. to the Office of AIanagement and Budget, Paperwork Reduction Project (0348-0046), rláshington, D. C 20530 17 ~ ...., COPS in Schools Application Forms Disclosure of Lobbying Activities Approved by OMB 0348-0046 (as amended) Complete this fonn to disclose lobbying activities pursuant to 31 L'.5.C. 1352 (See reverse for instructions and public burden disclosure) 1. Type of Federal Action: ~ 2. Status of Federal Action: ...Å- 3. ReportType:-1l-- a. contract a. bid/offer/application a. initial filing b, grant b. initial award b. material change c. cooperative agreement c. post-award d, loan For Material Change Only: e, loan guarantee Year: f. loan insurance Quarter: Date oflast report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Sub awardee, Enter IXIXPrime o Subawardee Name and Address of Prime: . Tier , if known: St. Lucie County Sheriff rsoffice 4700 West Midway Road Fort Pierce, Florida 34981-4825 Congressional District (number), ifknown: ~ Congressional District (number), if known: _ -- ..- 6. Federal Department/Agency: 7. Federal Program Name/Description: USDOJ CFDA Number, if applicable: ., 8. Federal Action Number, if known: 9. Award Amount, if known: S -- - 10. a. Name and Address of Lobbying Registrant 10. b. Individuals Performing Services (if individual. last name, first name. MI): (including address if different from No.1 Oa) (last name, first name, !'viI): .. 11. Information requested through this form is authorized by Title Signamre: 31 U.S.c. Section 1352. This disclosure of lobbying activities is a material representation offact upon which reliance was placed by Print :\'ame: Douglas Anderson the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.c. 1352. This information will be reported to the Congress semi-annually and Title: County Adminstrator will be available for public inspection. Any person who fails to file , the required disclosure shall be subject to a civil penalty of not less Telephone No,: (772) 462-1450 Date: than $10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction, Standard Form - LLL Updated: February 14, 2002 e02021440 18 ~ ~ ~ ~ ,~ ~ V) ~ .5: ,~ "¡§ CI."; ~ ~ ~ .~ è§ ~ .t;: § ~ ~ ~ Q. ~ ~ § · .... ..... ~ · .... ~ ~ ~ t: ~ Q.: § · .... ..... âš ..... ~ I: Q Q o .I: (.) :+:....;; 11 ... (/) (.) 0 :I ;;:1:"") 'to'" Q+:;O u~... (/) (/) ~ :E ~ E :: ~t .- a. 11 Ea.a. ..c«Q :I C (/) 0 , t;-II) :I~::I ;~~ g~"'~ +:.....-æra 'U¡ I: (.) 'õ o ,- Q Q a.»(/) a. - 11 ~ .I: Q II) (.) 01- E ¡ega.E o 0 (/) 01 -= .I: I: 0 ::: ... 0 ... - +:; 0.. OJ!¡(/) ... :E I: Q I: "C Q :I C'C "CEO'''' C'CQQ" Q .:: > ... ... :I 11 :I .r:. 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'" ().... c... o 0 G) -~~ :s:~c:: o () 0 ã3~c: .J::J =' 0 CLJ 0 ~ u '" '" "" -0 c:: c..c:,;¡~ .u ~ -""S.. C1)~>< (/j ...<:: .e- G) - u """"" Q) ~ ~ § ~ ~ '" ...... ~ H C\3 H C\3 CIJ ~ o ..... .u () "Ij ;::1 ..c ¡:: ;:I c C,) () .,..; C,) ;:I H - - ~ ::::¡ e ~ ~ .... ~ ~ ~ ~ ~ '" .~ ::; ~ ~ ~ C\ ~ É3 .... C\ .~ '" ;S ~ ~ ::::¡ e ~ .... ~ ~ ~ ~ ~ :: ~ s ..., H o .... C\3 H .... CIJ 'M ¡:: 'M S "Ij ...:: >. .... ¡:: ;::1 o u 0..; S '" z ¡,,; ... =' "¡;j c:: 10.0 ¡;;:; J:¿ !5 ¡,¡ '" ~ <II H C\3 <J CIJ C\3 ;:;:: ..... ..... 'M ~ () ..c U) " ¡:: ( ::<: ¡,,; .... ::> "¡;j c:: 10.0 ¡;;:; ¡,¡ S "" z ~ !5 ¡,¡ "¡;j ~ 19 '-' ""'" Narrative Addendum COPS in Schools Narrative Addendum (Submissions nol to exceed 10 pages.) Agencies that seek funding under this program are required to submit a separate typewritten Narrative Addendum addressing each of the following four areas. Agencies may provide supporting documentation in the following areas if relevant information is available. Please do not include any confidential data or reports with your application. This Narrative Addendwn will be taken into consideration during the application review and approval process. · Prohlem Identification andjustiDcation: Problem Identification: Please provide information on current problems occurring in and around the primary and secondary partner school (s) involved in Ihis grant proposal (for example, drug use or gang actility Ilithin the schòols). All problems addressed in supporting documentation should be explained under this problem identification section. Justification: Documentation such as crime data as it relates specifically to the schools; information on gang members in a particular school: the number of suspensions and expulsions related to identified problems: school specific surveys; complaints from the community; etc. · Community Policing Strategies to he Used hy the OOicers: Please provide information on the proposed activities to be performed by the SRO (s) or in which they will participate. Please outline specific examples and provide as much detail as possible. Some strategies may include conflict mediation, mentoring ac.tivities, gang mediation, problem solving projects, truancy programs, etc. · Quality and Level of Commitment to the Program: Please provide assurance that the officer(s) employed under this program will be assigned to work in and around primary or secondary schools 75% of their time; the number of years thaI the proposed program \\ill be implemented, and evidence of previous successes in schools or conducting collaborative problem solving with youth in the communi~'. Please also include a description of the impacted or targeted areas, including the number of schools, number of students, and demographic information for the student population. · Link to Community Policing: Agencies that seek funding under this program must prOlide information on how the community policing strategies proposed for the School Resource Officer as outlined above will link to the overall organizational community policing strategy of your agency. 21 '-' ,."", (A ~A'k'" ~~,M " . '" . "':1::;?'~71? ~"'" ~~_'i >.,.' '~....... ~.!7 l~_é~ ;,~.. ^ . ", ,\ ;-~ !,~-,of<- ~\,~~) ~b£ríf{ KEN J. MASCARA Telephone: (561) 462-3200 . Fax: (561) 489-5851 4700 West Midway Road' Fort Pierce, Florida 34981 COPS In Schools Narrative Addendum o Problem Identification and Justification: Problem Identification: The following increase in crimes and incidents during the 2000-2001 school year has justified our need for additional school. resource deputies: Offencellncident SY 99/2000 SY 00/2001 % of Change Sex offenses 0 2 +200% Lewd & Lascivious 7 10 + 43% Robbery 1 3 +200% Information Harmful Threat 27 47 + 74% Dealing in Stolen Property 0 4 +400% Possession of Marijuana 26 37 + 42% Possession of Cocaine ' 0 1 +100% Possession of Drug Paraphernalia 3 4 + 33% PosslW Intent to Distribute 2 5 +150% Dangerous Weapons 3 14 +367% Trespass 4 7 + 75% Disorderly Conduct 17 33 + 94% Disruption of School Function 9 15 + 67% Total criminal & non-criminal incidents: 398 430 + 8% *This increase is alarming because of the county's high number of gangs, drugs, and other criminal activity reported in and around the targeted high schools. In addition, St. Lucie County is a melting-pot of many cultures which has contributed to criminal activity among adults and students. '-' ...., Justification: The St. Lucie County Sheriff's Office is planning on placing the three request School Resource Deputies at Dan McCarty Middle School, Forest Grove Middle School and at Lincoln Park ElementarylHigh School. Already this year, the number of arrest are disturbing and require an immediate strategic action plan to include additional law enforcement involvement. The following are the arrest totals for the current school year beginning in August 2001 through May of 2002: Forest Grove Middle School...................... 2 Arrest Dan McCarty Middle School...................... 19 Arrest Lincoln Park Academy............................. 10 Arrest . In addition, enrollment in the above schools has increased from the previous school year: Forest Grove Middle School: Dan McCarty Middle School: Lincoln Park Academy: 2001-2002 1,256 1,163 1,914 2000-2001 1,151 965 1,784 Increase 105 Students 198 Students 130 Stuidents o Community Policing Strategies to be Used by the Officers: The Saint Lucie County Sheriff's Office, School Resource Deputy will implement the following community policing strategies: · Gang Resistance Awareness Training and Education (GREAT) · Drug Awareness Resistance and Education (DARE) · On and around school campus patrol and security. · Parent, student, teacher, and officer problem solving conferences. · Student referrals to alternative to crime activities · Law enforcement services that include both crime prevention and criminal diversion programs. · Initial investigation into reported student or school suspected criminal activity. · Mange and report school crime information to the Sheriff and to school administration. '-" ,.., [J Quality and Level of Commitment to the Program: The St. Lucie Sheriffs Office will dedicate and deploy two full-time (40 hours per- week during the school year) School Resource Deputies to this project. One deputy will be stationed at Fort Pierce Central High School and one at Westwood High School. The officers deployed to this program will spend, at minimum. 75% of their time in and around schools working on youth-related activities. In addition, the St. Lucie County Sheriffs Office agrees to maintain these two positions for one full-fiscal cycle after all grant funds have been exhausted. o Link to Community Policing: The Saint tucie County Sheriffs Office is committed to the community policing philosophy and improving the quality of life in our schools by: · Reducing on and around campus crimes or criminal activity · Reducing fear for both students and teachers. · Educate and council students, teachers and parents on crime prevention. · Provide students with positive role models, extended law/crime education and extended adult supervision. · Improve the quality of life in and around the school by focusing on a "crime free" safe environment. '-' ~ Memorandum of Understanding Memorandum of Understanding Requirement Please note: Ihe following information is tl/e minimum anJOunt that is required to fulfill the COPS in Schools Memorandum of U/lderstanding requirement. Ihe COPS Offlce strongly encourages your agency to work coDaboraûrely with YOUl school partner or partners to fonnulate additional in!om/aûon that wiD assisl with the successful implementation of your oreraD school safety plan. Only one Memorandum of Understanding should he submitted per application regardless of the number of school partners. If multiple school partners are involved, please ensure that each partner is represented. Please feel free to provide any additional information that may he pertinent to the grant program or its management. The COPS in Schools (CIS) grant program offers law enforcement agencies the opportunity to perform community policing while in school buildings or on school property. School Resource Officers (SROs) who perform their duties in primary or secondary school buildings and/or on school grounds will enhance the services provided to the school population. including students and faclÙty/staff, To ensure collaboration between the law enforcement agency and the educational community, all applicants must submit a Memorandum of Understanding (MOU) for the CIS grant program. The MOU is an agreement between parties that defines the roles and responsibilities of the individuals and partners involved, including School Resource Officers (SROs), school officials, law enforcement and edncation departments. students and parents. Please complete this MOU form in a cooperative effort to ensure input from all partners involved in the program. If you require additional space to address Sections A-j, please be sure to clearly identify your response with the appropriate section tiUe (e.g., Mission Statement) and letter (e.g., A, ß, C) to which the information corresponds. Failure to respond to any of these criteria/questions may delay the processing of your application, and could ultimalely result in the denial of your application. Please ensure all information is typewritten. Agency Legal Name: S t. Lucie County Sheriff's Office School Partner(s) Name: St. Lucie County School District Agency OR!: L...1.....Q. í..6.... º- (LO 23 '-w ....J COPS in Schools Application Forms A. Mission Statemem (This statement may already exist within your on-goÍIlg partlJership, or may need to bt developedjointly to assist in defining the primary purpose of your partllership, and the differences your mission will make within your community) It is the mission of the St. Lucie County Sheriff's Office School Resource Deputy Program to provide effective law enforcement and community policing services, educate and counsel with students, faculty and staff. School Resource Deputies are committed to keeping criminal activity on school campuses to a minimum through high visibility and education. They are committed to being professional positve influence to all the students of St. Lucie County. B. Description of General Duties (Ihis brief description should include proposed programs, daily activities, and/or projects, etc. that the SßO will develop and/or administer. Å more detailed descripûon 01 your community policing strategies is also required to be included in your Karrativf Addendum, which will be reviewed independent1y.) erform law enforcement functions within the school setting, Identify and prevent, through ounseling and referral, delinquent behavior including substance abuse, Foster a better under- tanding of the law enforcement function, Develop positive concepts of law enforcemnt, Develop better appreciation of citizen rights and responsibilities, Provide information about crime revention, Provide assistance and support for crime victims identified within the school setting ncluding abused children, Promote positive relations between students and law enforcement officers, nhance knowledge of the fundamental concepts and structure of law, Develop an understanding of the pecial needs of the school campus. DAILY: Provide counseling to students and parents. Meets with ducators. Monitor on and off campus school security. Write offense/incident reports and initial nvestigation. Intercept school fighting, drug,alcohol, tabacco, and gang monitoring and inter- eption. Drug Awareness Resistance Education (DARE) and Gang Resistance Education Awareness raining and other crime prevention and education classes. C. Desired Outcome.! (Ihis information may outline the goals and objectives of your partnership that YOUl agency hopes to achieve should your agency receive a CIS grant.) Insuring the safety of all campuses including students, faculty, volunteers and visitors. To educate sutdents in the dangers of drugs and violence both on and off campus. To teach proper behavior both at and away from school. To help students respect themselves and others. Improve the learning environment and encourage schoolastic achievment. Reduce at school and at home criminal and non-criminal incidents. Develop working relationships with students, teachers and parents. 24 '-' ....; Memorandum of Understanding ··Please provide the name of the agency within your partnership that \\ill be responsible for overseeing the following roles and responsibilities as (hey pertain to grant requirements and administrative procedures: D. Receipt and Disbursement of Grant Funds (This entity wiU be responsible for oversight of grant funds to ensure they are usea appropriately as outlined by the grant condiüons. This musl he the legal applicant of the CIS grant.) St. Lucie County Sheriff's Office (Name of the law enforcement agency or governing jurisdiction that Ilill be responsible for this task) E. Programmatic Reporting (progress reports are required on an annual basis, and request information on the status of your program, to include oDicer hiring. training. and school-related community policing acüvities performed by your oDicer(s).) Lt. Lou Ericsson and William R. Simon -St.Lucie Co. Sheriff's Office (Name oflaw enforcement agency and/or school partner thai Ilill be responsible for this task) E Financial Reporting (Financial Reports (SF-269) must be submitted on a quarterly basis and outline the amount of monies spent, including federal expenditures, local matching contribuüons, and the un-obligated balance of the award. This must be the legal applicant of the CIS grant) St. Lucie County Sheriff's Office (Name of the law enforcement agency or governingjnrisdiction that lIil! be responsible for this task) Please address the following grant program issues: G. Information Sharing (This section may address the type and the extent to which informaüon wiD he shared between the law enforcement agency and school or school district pariner(s) throughout the course of the grant. For example, the type of informaüon that the school is permitted/willing to share with law enforcement. as weD as information Bow from law enforcement to the school pariner(s).) The School Board of St. Lucie County will provide the Sheriff with any requested student history information which may include all or any academic, honorary and/or disciplinary data/records which may help the assigned deputy's in his/her evaluation or analysis of an individual or the COPS in Schools Program. The Sheriff's Office will share any information on individual or programmatic activities with the St. Lucie County Schoolboard and/or with teachers or pricipals. 25 ~ """ COPS in Schools Application Forms H. SupeJ'lfision Responsibility and Chain of Command for the SRO (Ihis section should dearly establish a definitive chain of command for the SHOo including the indMdual(s) responsible for the superrision of the SRO.) :aptain Steve Reuther, Lt. Lou Ericsson, Sgt. David Trimm, and Sgt. Troy Church. Sgt. Trimm Sgt. Church Division Secretary ~ntennial High School Southern Oaks Middle School Karen Countryman Jrt St. Lucie High School Southport Middle School Jrest Grove Middle School Northport Middle School c. Lucie West Middle School St. Lucie Elementry School :. Pierce Westwood High School St. Anastasia Elementry School ". Pierce Central High School Fort Pierce Magnet School incoln Park Academy Mid/High C.A. Moore Elementry School ln McCarty Middle School Garden City Elementry School lIe Cassens Special Education Lakewood Park Elementry School Lawnwood Elementry School Weatherbee Elementry School Savanna Ridge Elementry School 1 Ðecision-mãlång Authority Regarding Enforcement of Applicable Laws and Procedures by the SRO (Ibis section outlines the mutual understanding between the law enforcement agenC) and school or school district partner(s) with regard to the scope of authority of the SHO(s) to enforce state, local, and federal laws.) 1e school resource deputy may take whatever steps he or she deems appropriate in the event of riminal activity pursuant to normal law enforcement procedures. Under Florida Statute 230.35, the ~hools shall remain under control of the principal, who under Florida Statute 231.085 is ~sponsible for the supervision and management of the school and property. J Evaluation of the Program/Grant Project (This section identifies the partner(s) responsible for any evaluation of the overah effectiveness of the sao program.) he School Board of St. Lucie County will provide the Sheriff with any requested student history nformation which may include all or any academic, honorary and/or disciplinary data/records which lay help the assigned deputy's in his/her evaluation or analysis of an individual student or the :OPS in Schools Program. :he Sheriff's Office, School Resource Program Segeants are responcible for gathing monthly crime ;tatistics from the School Resource Deputy's reports, compiling the data and submitting it to the livision secretary for annual reporting. ~he Sheriff will identify and designate staff members who will be responsible for all grant Jrogrammatic and financial reporting, evaluations, analysis, monitoring, and program quality lssurance for the COPS in Schools 2002 Program. 26 ........ -.I Memorandum of Understanding The MOU must be signed by both the highest-ranJáng law enforcemem executive and the school omcial(s) who will have general educationaj oversight and decision-making authority for this grant program. My signature certifies that the SROs deployed into the schools as a result 01 receiring a COPS in Schools grant will spend at least 75% of their lime in and around primary or secondary schools. Ø/ø- Date School Official's Signatu 5f~/óL Date I """If partnering with more than one school or school district, you are required to provide additional signatures. 27 ~ """ Special Department Questionnaire Special Department Questionnaire Please answer the following questions if the applicanl is a special department (established or start-up) as defined in the Application Instructions bookJet on page 4. Atlach additional pages as needed. 1. Do officers have primary law enforcement authority for the population served? If nol, what is the name of the agen with which you share jurisdiction? cer status and enforcement authority? Check all that apply o Both uired to submit a copy of the legislation 3. Do officers have f and unrestricted arrest authority? If nol. what are their limitations? 4. Do officers have full powers over the entire jurisdiction? If not. what area(s) are they restricted to? (e.g.. parks, campus. etc.) 5, Do officers provide full police services 24 hours a day, 7 days a week? If nol. what are their hours? If you have questions about applying for officers under the CIS Program, please contact your COPS Grant Program Specialist through the U.S. Deparlment of Justice Response Center at 1.800.421.6770. 29 ~ "'" Sheriff's Department Questionnaire Sheriff's Department Questionnaire Please answer the following questions if the legal applicant is a sheriff's department (established or start-up) as defined in the Application Instructions booklet on page 4. Attach additional pages as needed. 1. What is the actual population for which your department has primary law enforcement authority? (In other words, the service population minus the incorporated towns and cities that have their own police departments.) Total St. Lucie County Population: Minus City of Fort Pierce Police: Minus City of Port St. Lucie PD *Population Served St. Lucie County S.D. 192,695 -38,000 -83,000 71,695 2. Does your agency have primary law enforcement authority over the partner school (s) into which you plan to deploy the SRO? If not, please lisl the name of the agency that has the primary authoñty over the school(s). YES 3. In the space below, please break down the time spent by your entire department on different types of activities. For example: 50% law enforcement duties; 30% courthouse/baililI duties; 20% jail duties (total should equal 100%) , 50% Law Enforcement 40% Jail 10% Courthouse 4. Of Ihe total amount of time spent on law enforcement duties (as indicated in question #2), what percentage of that time is spent specifically on community policing activities? 20% 5. Please hriefly describe some of the community policing activities your department participates in and/or coordinates. Walking Beats Mall Patrol/Walking Bike Patrol Community Crime Prevention Public Parks Patrol If you have questions about applying for officers under the CIS Program, please contact your COPS Grant Program Specialist through the U.S. Department of Justice Response Center at 1.800.421.6770. Citizen Neighborhood Patrol Development & Mgt. Public Beach Patrol Citizen Neighborhood Watch Development & Mgt. Sponsor Neighborhood Clean-ups 31 \w ...¡ Start-up Department Questionnaire Start-up Department Questionnaire Please answer the following ques ns if the legal applicant is a start-up agency (of any type) as defined in the Application Instructi s booklet on page 5 . Atta itional pages as needed. 1. a. Are any law enforcement services rrently provided to agency, such as a sheriIf's department 0 neighboring juris 3. Why is your jurisdiction now creating a start-up agency? 33 ~ ...¡ COPS in Schools Application Forms Start-up Department Questionnaire (page 2) 4. Does your jUlis 'ction hafe a written community policing plan? If yes, please include a copy of that plan. If 1. please specifically outline the community policing activities currently occurring in and und )'our primary d secondary schools, or list activities that your agency plans to imple em should this g e awarded. 6. Please prm'ide a brief explanation of the following (include supporting documentation if appropriate) : a. Department budget plan b. Equipment purchase plan (cars. weapons, uniforms, etc.) c. Training plan for me officer(s) d. 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'" ... oj 'E t:i .r .¡:: êj B .S¿ ::; .p 0 t:i oj ã.. ... ..c: .~ Cl) OJ <1J ... a 0- ..c:: u ;::I ..c:: -< U I-< ..... < p.. VJ Z002 's- 1 :.[JIT} \i" :~rt:CI P.;1¡'E':;,)J::-) lUJoJJJe-OHIWW> :NO!1VII\!<IO.-lNI 3<I0W <I0.:I 'h\o¡gq P;¡¡Sl] SS~lppe ;¡4¡ ¡e ~¡¡S q~A\ ¡~IU~¡UI SdO:J ;¡q¡ ¡ISlA OLL9'[ Zj;o'008' [ ¡e J~lU~:J ;¡suodS~<I ~JI¡Snr ]0 ¡U~LU)JBd;¡O 'S·O ~l[J lIe;) 'SUIBJ¡¡OJd SdO:J uo s[m);¡p ule¡qo 01 O¡:çOZ ·:J·O 'UO¡¡¡U!4SBi\\ A\N ';¡nU~AV ¡UOLUJ;¡A 001 [ S;¡;)!Al~S ¡¡lIIJI[Od P;¡¡U;¡)JO Á¡!UfilULUOJ]O ;¡;)!ilO ;¡JI)Sn[]O ¡u;¡tII)JBd;¡O ·s'o '-' ..., ; i~..¡ ._,,- 'J! "". COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Community Development Director DATE: May 7,2002 SUBJECT: Consider authorizing permission to advertise for RFP-02-072 for an update to the County's Inventory of Native Habitat. Attached is a copy of RFP-02-072 that would be for the purpose of soliciting proposals for an update to the County's Inventory of Native Habitat. It is from this inventory that County will be identifying properties for the purpose of environmental preservation! protection. From this list of properties, a prioritization of those properties is to be made for the purpose of acquisition. The reports to be prepared are intended to be use as base document the original inventory of native habitat that was completed in the early 1990's. Once this updated report is competed, the County would the be in a position to identify future acquisition needs and to begin to examine methods for financing those acquisitions. If approved, RFP-02-072 will be issued on May 26, 2002. All proposals will be due back to the County no later than June 26, 2002. From whatever we get back to review, a selection committee will short list the proposals and schedule a selection review by the Board of County Commissioners. Funding for this project will be through the Community Development Department, however, project management will be the responsibility of the Department of Public Works, Resource Management Division. It is anticipated that this update review will take about six (6) months to Q.omplete following execution of a contract with the selected consultant. Staff recommends that the Board authorize the advertising of RFP 02-072. If you have any questions, please let me know. DJMI RFP02XXX_HABIT ATMEM01 (HI cc: County Administrator County Attomev Public Works Director Plannil1{, Manager Resource Managemeni Manager '- RFP # 02-072 ST. LUCIE COUNTY NATIVE HABITAT INVENTORY Due Date: June 26, 2002 Due Time: 3:00 PM St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Ft. Pierce, FL 34982-5652 (772) 462-1700 ...., "I" """.:"~'~.... ... .,.;\'.-"...,(r, f , f' f. \w ...., . I . ,;{"<ª'l ":"~.V"..'.· "i.'~''''''H''. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REQUEST FOR PROPOSALS ~, Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982, until 3:00PM local time on Wednesday, June 26, 2002, for the following: RFP # 02 - 072 ST. LUCIE COUNTY NATIVE HABITAT INVENTORY RFP documents may be obtained via the Internet using the County's website at http://www.co.st-Iucie.fl.us. If you do not have internet access, you may obtain the documents by calling DemandStar by Onvia 800-711-1712 and request document number #RFP-02-072 or contact the Office of the Purchasing Director at 2300 Virginia Avenue, Fort ;- Pierce, Florida, 34982, (772) 462-1700. RFP's may be either mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, FL 34982. Any RFP'S received after the above stated time will be returned to the bidder unopened. The Board of County Commissioners reserves the right to waive any informalities or minor irregularities; reject any and all bids/Proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in-whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP, RFQ, Bid Results and other information visit the St. Lucie County Purchasing Web Site at http://www.co.st-Iucie.fl.us. St. Lucie County is an Equal Opportunity/Affirmative Action Employer. Board of County Commissioners St. Lucie County, Florida By: Michael Rath, CPPO, CPPB, Purchasing Director PUBLISH: May 26, 2002 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Ft. Pierce, FL 34982 \w 'wII ··'1 'V"~,; .. ~.::". ,..~: Table of Contents Part I Generallntormation 1-1 Definitions 1 1-2 Invitation to Propose; Purpose 1 1-3 Issuing Office 1 1-4 Awards 1 1-5 Development costs 1 1-6 Inquiries 1 1-7 Timetables 2 1-8 Delays 2 1-9 Proposal Submission and Withdrawal 2 1-10 Rejection of Irregular Proposals 3 1-11 Addenda 3 1-13 Oral Presentation 3 1.14 Insurance 3 1-15 Lobbyist Disclosure 3 1-16 Public Entity Crimes Statement 3 Part " Statement ot Work Objective 5 Scope of Work 5 Project Time tables 8 Project meeting 8 Part III Instructions for Preparing Proposals 3-1 Rules for Proposals 9 3-2 Proposal Format 9 3-3 Proposals Questionnaire 9 Part IV Evaluation of Proposals 4-1 Evaluation Method and Criteria 10 Part V Proposer Information 5-1 Proposer Information Form 11 Part VI Questionnaire 6-1 Proposer's Questionnaire Form 12 '- ....J .. ~' 2 '-' '-' GENERAL INFORMATION PART I ,;"~,,,i f!¥"';1 t: 1-1 DEFINITIONS For the purposes of this Request for Proposals ("RFP"), Proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 INVITATION TO PROPOSE; PURPOSE The Board of County Commissioners, St. Lucie County, Florida (the "Board") solicits proposals to conduct an inventory of a Native Habitat Inventory of St. Lucie County. 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 1-4 CONTRACT AWARDS The Proposer understands that this RFP does not constitute an agreement or a contract with the Proposer. An official contract or agreement is not binding until Proposals are reviewed and accepted by the Board and both the Board and the successful Proposer approve a written agreement or contract. The Board reserves the right to reject all Proposals, to waive any informality, and to solicit and re- advertise for other Proposals. 1-5 DEVELOPMENT COSTS Neither the Board nor its representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposer should prepare their Proposals simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. 1-6 INQUIRIES The County will not respond to oral inquiries. Proposers may mail or fax written inquiries for interpretation of this RFP to: Michael Rath, CPPO, CPPB St. Lucie County Purchasing Director Administration Annex 2300 Virginia Avenue, Room 228 Fort Pierce, Florida, 34982. (772) 462-1294 (fax) The County will respond to written inquiries if received at least 7 working days prior to the date scheduled for receiving the Proposals. The County will record its responses to inquiries and any supplemental instructions in the form of a written addendum. If addenda are issued, the County will mail or fax written addenda at least 5 working days before the date fixed for receiving the Proposals. This will be adhered to even if the opening date must be 1 ...... .., postponed in order to observe the time requirements. The County will send written addenda to all Proposers who receive the AFP. ·""'"A' '<';' ~;I~...·,-'=I } 1-7 TIMETABLES RFP, The Board and the Proposers shall adhere to the following schedule in all actions concerning this A. On May 26,2002, the Board issues the RFP. B, From May 29,2002 to June 14,2002, the County will receive and answer inquiries received by mail. C. The County must receive the Proposals by 3:00PM on June 26, 2002. D. From opening time, the Board and County staff will review and evaluate the Proposals on a timely basis, E. The Board may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful Proposers at this time. 1-8 DELAYS The County may delay scheduled due dates if it is to the advantage of the County. The County will notify Proposers of all changes in scheduled due dates by written addenda. 1-9 PROPOSAL SUBMISSION AND WITHDRAWAL The County will receive Proposals at the following address: St. Lucie County Purchasing Department Administration Annex 2300 Virginia Avenue, Aoom 228 Fort Pierce, Florida 34982 To facilitate processing, please mark the outside of the envelope as follows: "eSt. Lucie County Natural Habitat Inventory RFP #02-072) .. The envelope shall also include the Proposer's return address. Proposers shall subm it fifteen copies (15) including one marked original on the outside (with an original signature Inside) of the proposal in a sealed, opaque package marked as noted above. The Proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 3:00PM ON JUNE 26, 2002. Due to the irregularity of mail service, the County cautions Proposers to assure actual delivery of Proposals to the County prior to the deadline set for receiving Proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (772) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the Proposer. Proposers may withdraw their Proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their Proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identify and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the Proposers. Upon opening, Proposals become ·public records· and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. " 2 '-' ....." 1-10 IRREGULARITIES; REJECTION OF PROPOSALS "'1· <'.'.::~"..:I/!..j~ ,- >''''--~'''''' . 1(' Proposals not meeting stated minimum terms and Proposals might be rejected by the County as non- responsive or irregular. However, the County reserves the right to waive any irregularities, technicalities or informalities in any proposal. The County reserves the right to reject the Proposal of any Proposer in arrears or in default upon any debt or contract to the Board of County Commissioners of St. Lucie County or who have failed to perform faithfully any previous contract with the County or with other governmental jurisdictions. The County reserves the right to reject any or all Proposals without cause. 1-11 ADDENDA If revisions become necessary, the County will provide written addenda at least five working days prior to the opening date to all Proposers who receive the AFP. This will be adhered to even if the opening date must be postponed in order to observe the time requirements. Any changes to the AFP will be made available for all prospective proposers to receive. Although we will make an attempt to notify you of the addendum, it is the sole responsibility of the proposer to ensure it is received. 1-12 EQUAL OPPORTUNtTY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. The County requests minority and women business enterprises to submit evidence of such classification with their Proposals. 1-13 ORAL PRESENTATION Agencies that have been selected for the final short list will be expected to render an oral presentation based on past achievements, staff qualifications, and overall capabilities with special emphasis on Comprehensive Planning. The Board or staff will schedule presentations. 1-14 INSURANCE The Proposer, if awarded a contract; shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-15 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Article IV of Chapter 1-2 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-62 is required to make full disclosure with the Clerk of the Board prior or concurrently with the submission of a preposal to the Board for the performance of any services for the Board. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the Board. B. The name and address of the lobbyist. C. The length of such agreement, contract or understanding and the amount of any fee, gratuity, compensation or consideration paid or promised to be paid to the lobbyist either before or after hiring whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the Board and such records shall be open to the public. 1-16 PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a 3 '-' ...., bid on a contract to the County for the construction or repair of a public building or public work, may not . submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted vendor list. The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. 4 tj t, ì '-' '.I STATEMENT OF WORK PART II OBJECTIVE The 51. Lucie County Comprehensive Plan requires that certain inventories and evaluations of the County's existing natural conditions be conducted to implement programs that are intended to preserve and protect those resources. To assist the County in meeting its goals for the preservation of native upland and wetland habitat, the full range of these natural communities within St. Lucie County must be identified. This study will be utilized to evaluate the success of the County's environmental programs and policies and to assist the County's Land Acquisition Selection Committee in selecting the highest priority sites for preservation. Study Area: The study area shall consist of all St. Lucie County. SCOPE OF WORK The project is to be divided into two segments inventory/ identification and evaluation. The inventory component of this project requires the identification of the type and acres of remaining natural communities in St. Lucie County. The selected consultant shall utilize the 1992 Upland and Wetland Habitat Inventory as baseline data to determine the ten-year trend of habitat loss/ preservation in the community. All inventories shall utilize the Florida Natural Areas Inventory natural community classification system. The minimum size of the natural areas to be inventoried should 10 acres, however, if a particularly unique habit resource is fund to be present, (such as maritime hammock) those habitat areas are to be located and mapped, regardless of size. Once the areas of remaining natural habitaV communities are identified, an evaluation of these areas shall be conducted to determine the general health and viability of these areas. As part of this evaluation process, a recommended ranking of the sites is to be made. The ranking system used may be either alpha or numeric, but the areas shall be segregated in a manner that would be conducive to their preservation or acquisition. TASK 1: PROJECT STARTUP Task 1, in consultation with the project manager for the County, will consist of the formation of a Steering Committee to provide ongoing input throughout the study. The overall project manager for the County will be the Planning Manager. Task 1.1 Steering Committee A Steering Committee will provide input and technical guidance to the Consultant throughout the project. The membership of the Steering Committee shall be comprised of a staff representative of the following County Departments and municipalities in the County: 1. SI. Lucie County Public Works DepartmenV Resource Management Division (Project Manager). 2. St. Lucie County Community Development Department 3. St. Lucie County Department of Parks and Recreation 4. City of Ft. Pierce 5. City of Port St. Lucie Task 1.2 Kickoff Meeting The Consultant will conduct an initial organizational meeting with the Steering Committee to review issues related to project administration including: 5 Task 1.3 TASK 2: Task 2.1 \w "wt1I 1. 2. 3. 4. 5. 6. 7. .'.".''''''-YÎ.' ~",.,::., Study goals and objectives Review of work plan Available resources Project reporting Project time table and completion dates Meetings, presentations, and public involvement Contract and electronic document deliverables The Consultant shall send to the Project Manager a Memorandum of Understanding stating the Consultants understanding of the consensus obtained in the Staff Meeting, If the Project Manager does not agree, outstanding issues will be resolved via a telephone conversation. If needed, a revised Memorandum of Understanding shall be submitted expressing a consensus understanding. Geographic Information System Coverages A geographic information system (GIS) will be used to develop an ongoing database management protocol. The Consultant shall schedule and attend at least one meeting with each of the following agencies to obtain required data and obtain an understanding of data structure, accuracy, and other relevant information. · SI. Lucie County Community Development Department · Treasure Coast Regional Planning Council · South Florida Water Management District · Department of Environmental Protection The Consultant shall load the GIS coverages into a GIS platform to allow for analysis and database construction related to this project. Environmentally sensitive lands shall be mapped within the study area to guide the development of alternative urban land use plans. The Consultant is responsible for keeping meeting notes and distributing such to meeting participants one week after meeting. INVENTORY OF EXISTING NATIVE UPLAND AND WETLAND COMMUNITIES Provide a quantative assessment of the acres of existing native upland and wetland communities in the County and the amount of lost habitat since 1992 The Consultant will provide an inventory of individual tracts of land or areas representing intact native communities The inventory shall identify the type and acres of upland and wetland communities in the County. The communities identified do not necessarily have to include all of the required components to be considered as intact native communities (ground cover, understory and canopy). however, emphasis is to be given to those areas exhibiting these characteristics areas that exhibit at least two of these required components shall be mapped and the general condition of the habit areas described. This information shall be utilized to Indicate the acres and type of native habitat lost since 1992. The inventory shall identify the extent of the intact native communities in each of the areas identified. All inventories and evaluations shall utilize the Florida Natural Areas Inventory natural community classification system. 6 Task 2.2 Task 2.3 Task 2.4 '-' '" Identification of lands preserved since 1992 and the acres and type of natural community in each preserve. '."~1 The Consultant will identify all existing natural areas protected through public or private conservation ownership or easements throughout St. Luice County. Areas under protective easement are to include both natural/native areas and agricultural areas used for grazing or ranching purposes, if the areas used fro grazing or ranching activities exhibit at least two of the required components of native communities. The type and acres of natural communities within all conservation areas shall be identified. This information shall be utilized to identify the number of additional acres placed in a conservation status since 1992. The Final Report shall include recommendations for additions, additional protection, enhancement or restoration of the existing conservation areas, as needed. Conservation status includes lands that are public owned or privately owned with a conservation easement and contains predominately native plant communities that are managed to assure habitat or species protection over the long term. Upon the completion of Task 2.1 and 2.2 a technical report shall be submitted to the County addressing the results of these tasks. This technical report shall be presented to the St. Lucie County Land Acquisition Selection Committee. Identify priority acquisition sites and their attributes Based upon the results of Tasks 2.1 and 2.2, the Consultants will establish a priority list of or areas for preservation/acquisition based on the natural community types and acres, rarity of the communities, site disturbances, listed plant and animal species, hydrology and soils. A detailed natural community map shall be prepared for each site identified in the study as a priority area for preservation/ acquisition. This shall include field verification (if owner permits) and assessment of each site's condition. The assessment shall address endangered or threatened species that utilize the site, those natural communities facing destruction as a result of urban development, and the site's relationship to natural communities already under public and/or private preservation. The detailed assessment report for each site shall describe each of the site's benefits and contribution towards protecting the integrity of original ecosystems and in providing multiple benefits, including those that contribute to protecting Habitat Conservation Areas and State Greenway and Trail Ecological Corridors, and other previously recognized areas of biological significance. If a large number of properties or areas are determined to be a priority for preservation/ acquisition, the County and the Consultant may review the list of properties and refine the list of properties/ areas to be subject to the above-cited detailed assessments. Final Reports Upon the completion of Task 2.3, the Consultant shall submit a draft report to the steering committee describing the methodology utilized in the studY,identifying the type and acres of habitat loss and, identifying the type and acres of habitat in existing conservation areas (state, county, and private). The top priority sites for preservation shall be identified and descriptions with detailed natural community classification maps for each shall be provided. Upon review and revision of the report by the project steering committee, the consultant shall present the findings and recommendations of the report to the Land Acquisition Selection Committee and Board of County Commissioners. If the Board determines that revisions to the final report are required, the Consultant shall be responsible for the revisions. 7 '-" ...., Proiect Timeline ..... ,'. . y'f It is anticipated that the time necessary to complete this study is approximately six (6) months from the issuance of a notice to proceed. Using this general time period, the consultant shall as part of any initial proposal submit a recommended time schedule for the completion of this project. Project Meetinqs It is anticipated that the general following meeting schedule will be used as part of this project · Meetings with Steering Committee (minimum of live) · Meetings with 8t. Lucie County Land Acquisition Selection Committee (minimum of two) · Meetings with County Commission (minimum of one) The Consultant shall include as part of any response to this request for proposals a suggested meeting schedule using the above outline. 8 '-" ..." INSTRUCTIONS FOR PREPARING PROPOSALS P ART III 3-1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3-2 PROPOSAL FORMAT Proposers shall prepare their Proposals using the following format A. Letter ofTransmittal This letter will summarize in a brief and concise manner, the Proposer's understanding of the Scope of Work. The letter must name all of the persons authorized to make representations for the Proposer, including the titles, addresses, and telephone numbers of such persons. An official authorized to negotiate for the Proposer must sign the Letter of Transmittal. B. Oraanization Profile and Qualifications This section of the proposal must describe the Proposer, including the size, range of activities, etc. Each Proposer must be authorized to do business in the State of Florida and, if a corporation, must be incorporated under the laws of one of the States of the United States, proof of same must be provided. The Proposer must emphasize its expertise in, and experience with similar programs. The proposal must identify the primary individuals responsible for supervising the work. The Proposer shall provide the County with the resumes of the primary individuals. The Proposals must also include recent and pertinent references, including bank references, contact name, telephone number and address. . C. SCODe of Work This section of the proposal should explain the Scope of Work as understood by the Proposer and detail the approach, activities and work products to be provided. E. Additional Data Any additional information which the Proposer considers pertinent for consideration should be included in a separate section of the proposal. 3-3 PROPOSALS QUESTIONNAIRE Each proposer is required to submit the attached Qualification Questionnaire. As the questionnaire will be reviewed by a number of people, the proposer shall submit fifteen (15) copies of the-questionnaire and requested materials. 9 '-' .."" EVALUATION OF PROPOSALS Part IV ~·""¡",,..¡.i ".,~~.:'~;;~.~, 4-1 EVALUATION METHOD AND CRITERIA A. General The County shall be the sole judge of its own best interests, the proposal, and the resulting negotiated agreement. The County reserves the right to investigate the financial capability, reputation, integrity, skill, business experience and quality of performance under similar operations of each Proposer, including stockholders and principals before making an award, Awards, if any, will be based on both an objective and subjective comparison of Qualifications and Proposers, The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. verification of availability of qualified personnel; 2. past performance records; 3. ability to meet set standards; 4. qualifications of proposer; 5. expertise of human resources; 6. technical soundness of proposal; 7. time frames; 8. past contracts with the County and other governmental jurisdictions; 9. related experience in St. Lucie County; 10. references; 11. financial resources and capabilities B. Selection The Board of County Commissioners may conduct the selection process or at the option of the Board, it may be referred to the Competitive Selection Committee (the "Committee"). Either the Board or the Committee will review all Proposals received and establish a list in order of preference of Proposers deemed to be the most qualified to provide the service requested based on the criteria set forth above. Altematively,the Board may direct the Committee to establish a "short list" of Proposers without establishing a priority order. The "short list' shall be submitted to the Board and the Board may rank the Proposers in order of preference. The Committee or the Board may request oral presentation from the Proposers when establishing the priority list. If three or fewer Proposals are received, all Proposers shall be included in the selection process as described below. If the list of Proposers has been prepared by the Committee, the list shall be submitted to the Board for approval. At the option of the Board, either the Board or the Committee shall attempt to negotiate a contract with the most qualified Proposer at a compensation which is fair, competitive and reasonable. If the Committee or the Board is unable to negotiate a satisfactory contract with the first Proposer, negotiations with that Proposer shall be terminated and the Committee or the Board shall attempt to negotiate a contract with the next most qualified Proposer. If these negotiations are not successful, negotiations shall be terminated with the second Proposer and attempted with the third most qualified. If the Board or the Committee is not successful in negotiating a satisfactory contract with any of the selected Proposers, the Board or the Committee shall select additional Proposers in order of their qualifications and continue negotiations until an agreement is reached or if no agreement can be reached the Board may reject all Proposals and may re- advertise for new Proposals. All contracts negotiated by the Committee shall be subject to final approval by the Board. 10 '-' ...." PROPOSER INFORMATION Part V ,.j ~ 5.1 PROPOSER INFORMATION FORM Submitted by: Proposer (Entity): Signature: Name (Typed): Address: City/State: Telephone: Fax: It is understood and agreed by proposer that the County reserves the right to reject any and all proposals, to make awards on all Items or any Items according to the best Interest of the County, and to waive any Irregularities In the RFP or in the proposals received as a result of the RFP. It is also understood and agreed by the proposer that by submitting a proposal, proposer shall be deemed to understand and agree than no property Interest or legal right of any kind shall be created at any point during the aforesaid evaluation/selection process until and unless a contract has been agreed to and signed by both parties. (Authorized Signature) (Date) (Printed Name) Proposer must sign below to acknowledge receipt of addendum (if necessary). Amendment NO.1: Amendment No.2: Amendment No.3: 11 ~ QUESTIONNAIRE Part VI Proposer's Name: 6.1 PROPOSER'S QUESTIONNAIRE Principal Office Address: OHicial Representative: Individual Partnership (Circle One) Corporation If a Corporation, answer this: When Incorporated: In what State: If ForeiQn Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partnership·: 12 ""'" .;."'1·3'):'')jl·' '--_;:'l'f-~;·"'~.~I"(., , ,::' \w ..., Questionnaire (continued) Name and Address of Each Partner: NAME ADDRESS . Designate general partners in a Limited Partnership I. Number of years of relevant experience in operating similar business: 2. Have any similar agreements held by proposer for a project similar to the proposed project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the proposer or any principals of the applicant organization failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 4. Has the proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary. 5. Person or persons interested in this Qualification Form (have) (have not) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To Include stockholders over ten percent (10%). (Strike out Inappropriate words) Explain any convictions: 13 't' ';"~':iÎL'h' ":~<',::,;~ .,->~ .. . t, ·1 r '- ...., t " '¡,' Questionnaire (continued) 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the proposer and/or any of its principals: WITNESSES: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESSES: IF PARTNERSHIP: Signature Print Name of Firm Print Name Address Signature By: (General Partner) (Print Name) . (Print Name) 14 \w WITNESSES: Signature Print Name IF CORPORATION: Print Name of Corporation Address By: President Attest: ..., Secretary (CORPORATE SEAL) 15 v To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: \.. ~ Agenda Request Item Number Date: Consent Regular Public Presentation Leg. [ 0,JiJ^ úri'1.. (-68 " .·.~S, May 21, 2002 ( X ] ( ] ( J Quasí-JD [ Board of County Commissioners Community Development ctor Consider Resolution 02-040 providing for the Consolidation of the Various Fee Schedules Associated with The SI. Lucie County Land Development Code, Draft Resolution 02-040 provides for a consolidation of the current fee schedules used by the Department of Community Development and the Building & Inspection Division of the Department of Public Works. Currently the lee schedules lor the various permits, applications and other process activities that these Departments are involved in are found in at least two separate Resolutions. By consolidating these separate Resolutions into one, it is hoped that we will be better able to address any fee changes and to provide more efficient information to the public when they seek fee Information. Staff recommends approval of draft Resolution 02-040. COMMISSION ACTION: ~ APPROVED D DENIED o OTHER CONCURRENCE: ~L Douglas M. AnderSon County Administrator County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND628a) '-' ,.." '-"":"i<t·'" .; '.::'!':".: OJ,; Commission Review: May 21, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Administration MEMORANDUM TO: County Commission FROM: Community Development Director DATE: April 29, 2002 SUBJECT: Consolidation Of The Various Fee Schedules Associated With The St. Lucie County Land Development Code. Attached is a copy of draft Resolution 02-040 which provides for a consolidation of the current fee schedules used by the Department of Community Development and the Building & Inspection Division of the Department of Public Works. Currently the fee schedules for the various permits, applications and other process activities that these Departments are involved in are found in at least two separate Resolutions. By consolidating these separate Resolutions into one, it is hoped that we will be better able to address any fee changes and to provide more efficient information to the public when they seek fee information. If approved as submitted, draft Resolution 02-040 will provide for the repealing of Resolutions 98-198, 01- 018 and 02-087. These are the most current fee res91utiosn that we have acted upon. Staff recommends approval of draft Resolution 02-040. If you have any questions, please let me know. Submitted: DJM/ BLDGFEES2(h) cc: County Administrator County Attorney Public Works Director Planning Manager Permitting Supervisor 1 2 3 4 5 6 7 8 9 to 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ."'" ~ , ,:~ RESOLUTION 02-040 A RESOLUTION REPEALING RESOLUTIONS 98- 198, 01-018, 01-132 AND 02-087 AND PROVIDING FOR THE CONSOLIDATION OF THE VARIOUS FEE SCHEDULES ASSOCIATED WIiJ"H THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. WHEREAS, the Board of County Commissioners of St. following determinations: 1. Section 163.3201, Florida Statute regulations on development acti Lucie County. and enforcement of prehensive Plan for St. 2. On August 1, 1990, this Code to further and im calls for the regulatio Lucie County Land Development e Plan for SI. Lucie County which ities. 3. tutes, I. Lucie County Land Development Code tablish a schedule of fees in order cover the cost of 'vities required pursuant to the SI. Lucie County Land .. ;¡;, 4. e S. ucie County Land Development Code calls for the Ie of fees by the Board of County Commissioners, said ost recently revised through Resolution 98-198 and 02-087. ~ 5. nty Commissioners is empowered to establish, alter, and amend ees, charges, and expenses for building permits and has done so rough Resolution 01-018 and 01-032. 6. interests of the citizens of SI. Lucie County would be served by the ent of a consolidated schedule of fees and charges for building permits and other petitions and applications filed pursuant to the requirements of the St. Lucie County Land Development Code. NOW THEREFORE BE IT RESOLVED, by the Board of County Commissioners for SI. Lucie County Florida. The following are hereby established a consolidated Schedule of Fees and charges for building permits (Exhibit A) and other petitions and applications filed pursuant to the requirements of the SI. Lucie County Land Development Code (Exhibit B). )' Resolution 02-040 Draft #1 Underline & Shadina is for addition Striko Thro~gh is for deletion April 29, 200 Page I 2 :1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 \w ..., x-f B. Resolutions 98-198, 01-018, 01-132 and 02-087 are herby repealed and replaced with the Schedule of Fees referenced in Part A above. C. This Resolution shall take effect on upon adoption, After motion and second, the vote on this resolution was as follows: Chairman Doug Coward Vice-Chairman Cliff Barnes Commissioner Frannie Hutchinson Commissioner John Bruhn Commissioner Paula A. Lewis PASSED AND DULY ADOPTED this 21st day of May, 2002. xxx xxx xxx xxx xxx BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN TTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK COUNTY ATTORNEY DJM/ 2-040a(H) Resolution 02-040 Draft 111 Underline & Shadinq is for addition Stl'ike-Throo¡¡R-is for deletion .. April 29, 2003 Page 1 I Resolution 02-040 Draft #1 \w. EXHIBIT A Schedule of Fees and Charges for Building Permits Underline & Shadina is for addition Striko TI'lfell(h is for deletion ...", -J April 29. 2002 ¡Page 3 '- ...." ; St. Lucie County Building Permit Fee Schedule BASE PERMIT FEES 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: Valuation of construction! activity 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 $ 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, plus .45% of the value of construction $500,001.00 and up $ 2,800 base fee, plus .35% of the value of construction Where work for which a oermit is reQuired is statted Drior to obtaininQ said Dermit. the fees herein sDecified shall be doubled. but the Davment of such double fee shall not relieve anv Dersons from fullv comDlvinQ with the reQuirements In the execution of the work nor from anv other Denalties Drescribed herein. \w- ...., } St. Lucie County Building Permit Fee Schedule TABLE A -- GENERAL BUILDING PERMIT VALUATION TABLE TYPE OF BUILDING/ ACTIVITY VALUATION PER UNIT OF MEASURE Apartment House Churches Dwellings Hospitals Hotels and Motels Industrial Plants Offices Private Garages Public Garages Restaurants Retail Stores Service Stations Warehouses Clubhouse Pole Barn House Foundation (Modular) Raised Patio Screen Room on Raised Patio $42 square foot $40 square foot see Table B below Screen Room/Carport/Sheds/Mobile Home Additions. under the same roof on existing slabs (provides for one inspection. additional inspections are $25.00 each) $85 square foot $41 square foot $24 square foot $41 square foot $19 square foot $23 square foot $47 square foot $32 square foot $38 square foot $20 square foot $63 square foot $12 square foot $10 square foot $100 flat fee $125 flat fee $75 flat fee Converting Screen Room to Glass (provides for two inspections. additional inspections are $25.00 each) $100 flat fee Glass/ Florida Room (provides for three inspections. additional inspections are $25.00 each) $125 flatfee Glass/Florida Room (built on existing foundation/slab) - (provides for two inspections. additional inspections are $25.00 each) 1.) $100 flat fee 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 \w "-tIll i St. Lucie County Building Permit Fee Schedule Residential Pools! in-ground $250 flat fee Residential Pools! above ground 1,) $100 flat fee No permit are required if above ground pool is under 24" in height! per code 2.) Separate Building Permits are required if wood deck is to be built around above ground pool Pool Enclosure $75 flat fee Nursina! Alzheimers Homes Renovations (Shoppin¡¡ Contor commercial) $60 $5 sauare foot square foot T. ~ .."" ~ '. St. Lucie County Building Permit Fee Schedule TABLE B - RESIDENTIAL BUILDING VALUATION SCHEDULE COMPUTATION FEE PER UNIT OF MEASURE Wood Frame with Plywood or Lap Siding Concrete Block Structure with Stucco, Hardy Plank or Masonry Siding Concrete Piers or Piling Foundation Wood Sub·floor over Crawl Space or Concrete Slab over Crawl Space Medium Pitch Gable/Hip/Shed Roofs with Five (5) Feet or less Overhang Architectural 40 Year Fiberglass Shingle Roof Material Clay or Cement Tile Wood Shake or Metal Roofs Tile. Wood or Marble Interior Flooring Unique Architecture Custom Widows Four or More Sets of French Doors Four or More Baths $36 square foot $45 square foot $3 $3 $2 $3 $1 $1 $2 $1 Each $2 Ea.>4 $2 Ea. > 4 Legend: Sq. Ft. = Square Feet \w ""., " ~, " S1. Lucie County Building Permit Fee Schedule TABLE C - OVER THE COUNTER PERMITS Over the Counter Permits assume that there will be one inspection only, Each additional inspection will require a $25.00 inspection fee. Electrical Permit Plumbing Permit Roof Permit Gas Permit Fence Permit HVAC Permit (new system/ includes electric) Storm Shutter Siding Locational shed permit (less than 144 square feet) Shed (wood)/ with or without electric (Iocational permit) Wall Signs no electric with electric additional wall signs (with or without electric) under same permit application Canopy Sign additional canopy signs under same permit application Sign Refacing (When No Engineering Is Required) Concrete/ Slab FEE PER UNIT OF MEASURE $75 $75 $75 $75 $75 $100 $75 $75 $75 $100 $75 $100 $25 $75 $25 $75 $75 Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Flat Fee Each Flat Fee Each Flat Fee Flat Fee Where work for which a perm;' Is required Is started prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements In the execution of the work nor from any other penalties prescribed herein. \w .."" ,~;:~'. "í!.' St. Lucie County Building Permit Fee Schedule Plan Examination Fees shall be according to the following schedule. (All plans examiniation fees are NON-REFUNDABLE): TYPE OF BUILDING FEE Apartment Houses (4Jvc or more units) Dwellings (per unit up to four) Non Residenti.:ll Buildings $2.§G $éO $+W Residential: Sinale Familv Homes Mobile Homes TwofThree Familv Homes Multi-Familv - 3 floors or less Multi-Familv - 4 - 8 floors Multi-Familv - 9 - 12 floors for each additional floor above 12 stories $150 $100 $250 $400 $1.000 $1.500 $ 100/ per floor Residential additions (does not include over the counter/ fast track permits) $100 Non-Residential: o - 10.000 square feet 10,000 - 20.000 square feet 20.000 - 150.000 square feet 150.000 + square feet $500 $750 $1.000 to be determined throuQh review with SuildinQ Official (minimum fee to be $ 1 .5001 For all additions to non-residential builinas. use above schedule. For interior renovations. that do not effect structural componenets. to existina structures. use above schedule divided bv 2. Accessory use review: $25 Over the counter/fast track permits that require plans review: pools/ spas - residential (includes all enclosures) pools/ spas - commercial $50 $100 \w ."" ..."...n:'t·, ,,,.".~,:.'*,, "r." , ' .~ '. '.:~;,~~~;\¡: " St. Lucie County Building Permit Fee Schedule Miscellaneous trade and construction permits including, but not limited to 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 and less No fee unless inspection is required, in which case $50.00 for each inspection shall be charged $101 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 Re-Inspection Fees .\y. In the inspection of any building for which a permit has been issued, if it is determined that the work does not meet code, a re-inspection fee shall be charged. The fee for a re-inspection shall be as follows: 1 st re-inspection 2nd re-inspection 3rd re-inspection 4th re-inspection >4 re-inspection $25.00 $50.00 $100.00 $150.00 $ 150.00 each add'tI inspection The re-inspection fees shall 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. ~ '- ..." 'V,"",·' . \:,\:,,~iV~::'''¡;'~ , " ,'- "'(~":'::."... ,,;,"-;'... ,. ~ St. Lucie County Building Permit Fee Schedule Moving of building-or &truoturcs: For tho moving of any building or structure, tho fee sha.ll bo $100.00. (Noto: additional fees- to be assessed by County Engineers Office for moving of structures along County Roads) Demolition of building or structures: For the demolition of any building or structure, the fee shall be $75.00. Mobile Homes, Park Models and Recreational Vehicles: For the installation of a single 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. 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) administrative charge for the purpose of providing funding for future updates, improvement and if necessary, replacement of the County's Automated Building Permit Software and Related Computer Programs and Information Management System. All funds collected _ shall be deposited into a separate trust account and may only be used for the purposes outlined in this paragraph and may not be used to fund or support any other computer software or hardware acquisitions that are not related to the review, processing or issuance of building permits, zoning compliance certificates or similarly issued permits or authorization. After the Fact Permits Where work for which a permit is reQuired is started prior to obtainlnQ said permit, the fees herein specified shall be doubled. but the pavment of such double fee shall not relieve anv persons from fullv complvinCl with the reQuirements in the execution of the work nor from any other penalties prescribed herein. E1 ~' t' '-' '..,J EXHIBIT B 1 Schedule of Fees and Charges 1 for Petitions and Applications filed pursuant 1 to the requirements of the St. Lucie County 1 Land Development Code 1 Resolution 02-040 Draft #1 Underline & Shadina is for addition Strike Thmugh is for deletion ·}:~~~-t' . ......-,... . 0- ..~, ,. ~.. _.. .. " t April 29, 2002 I Page 4 CD "C o (.) en CD ë CD Q)I.L. ë- c.0 O~ -::::s Q)"C > Q) Q).c C (.) 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