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Agenda Packet 04-16-02
~ '-'" APRIL 16, 2002 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELC01Œ GENERAL RULES AND PROCEDURES Attached is the agenda whicµ \\111 determine the order of business conducted at today's Board meeting: CONSENT AGENDA- These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA ITEMS- Proclamations, Presentations, Public Hearings, and Department requests are items which the Commission \\111 discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. HO\\"cver, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman \\ill ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies ready for distribution. NON-AGENDA ITEMS- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. i\lEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.1I., 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 \\1th a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TOO (561) 462-1428 at least forty-eight(48) hours prior to the meeting. '-' ..,¡ \\ww.stlucieco.gov 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 .-\prilI6, 2002 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE , 1. MINUTES Approve the minutes of the meeting held April 9, 2002. (tfJµrcJ~ ). PROCLAMATIONS / PRESENTATIONS A. -L CONSENT AGENDA Resolution No. 02..93.. Proclaiming the week of April 21, 2002 through April 27, 2002 as "Volunteer Week" in St. Lucie County, Florida. /ì-p{xv\cl- - ¡}p~ ~ (J;-ÄI 3. GENERAL PUBLIC COMMENT -- PUBLIC HEARINGS PUBLIC WORKS / ENGINEERING SA. Sunland Gardens M.S.B.U. Initial Public Hearing / Potable Water Improvements .. FPUA /Resolution No. 02-098 - Consider staff recommendation to adopt the resolution creating the Sunland Gardens MSBU, appro\"e the preparation of an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority, and authorize the County Engineer to proceed \\ith the engineering and design of the Project. It ~paJ ~ NOTICE: All Proceedings before this Board are electronically recorded. An)" person who decides to appeal any action taken by the Board at these meetings will need a record ofthe proceedmgs and for such purpose may neea to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, - individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any indivIdual testifying during a hearing upon request. Anyone with a disabilitv 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. '-' ""'" REGUlAR AGENDA APRIL 16, 2002 PAGE TWO PUBUC HEARINGS (CONTINUED) COMMUNITY DEVELOPr.1ENT (CONTINUED) f'101lOYt 10 G\ tfv[.,1.(LJ iõ cf ( 28 SB. Scction 108 Loan Guarantee Program / 1't Required Public Hearing - StaflPpOæ.ct recommends that the Board consider if they wish to proceed \^lith the further processing of a Section 108 Loan (CDBG.}.iQ,r th~e P,u~pps~ ~t su.w0rting,¡:.'f:>n~ic Development activities in the County. fîc;::J(Y~lÚJ..e.) rf1) (' .&({ L:J Sc. Resolution No. 02- 035/ Quasi- Tudicial / William P. Clazario, Smoky's Big Bib BBQ - Consider staff recommendation to approve the resolution 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. Location: 4999 S. Federal Highway, northeast corner of US Highway One/Midway Road (FKA Shoney Restaurant and_ Fl1ench Corner Restaurant) and Zoned CG (Commercial, General) (tpP(V1I'e{X 50. Resolution No. 02- 038 / Ouasi-Tudicial / Pamela Perkins - Consider staff recommendation to approve the resolution to define a Class "A" l\Iobile Home as a Detached Single· FamHy Dwelling Unit for property IO~';~~t Carlton I)\>ad in the AG-5 (Agricultural- 1 du/5 acres) Zoning District. (1 ~JI~ 5E. Resolution No. 02-037 /Quasi- Tudicial / Charles Velie - Consider staff recommendation to approve the resolution granting a Change in Zoning from the AG-5 (Agricultural - Idu/5 acres) Zoning District to the RF (Religious Facility) Zoning District to allow for the expansion of an existing church. Location: 180 N. Hcader Canal Road (east side of North Header Canal, approximate,XR2 f~et ~oJ~ of the intersection of Header Canal Road and Orange Avenue. jJ F p~ ChJU . SF. Resolution No. 02-036 /Quasi- Tudicial / Bakul Patel - 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 RM-5 (Residential, Multiple-Family - S du/acre) Zoning District to allow for the construction of a multi-family development. Location: souttnvest corner of South Kings Highway and Research Center Road. A-pDfJre-ð- SG. Resolution No. 02-03-1 /Ouasi- Tl~dicial / Ocean Oasis PUD - Consider staff recommendation to approve the resolution granting a 12 month extension to complete the first phase improvements on the previously approved Planned Unit Development known as Ocean Oasis. Location: South AlA, approximately 3 miles north of the St. Lucie County Nuclear Power Plant. End of Public Hearings ........." ...." CONSENT AGENDA April 16. 2002 1. WARRANTS LIST Approve warrants list No. 28 2. LIBRARY St. Lucie West Library / Contracted Services - Consider staff recommendation to approve the expenditure of $147,947, and authorize the County Administrator sign the purchase requisition for payment of services to Indian River Community College. 3. COMMUNITY DEVELOPMENT A. Exemption from Section 11.02.09(/\)(5) St. Lucie County Land Development Code / Header Ranches Subdivision - Minor Site Plan / James Fowler - Consider staff recommendation to approve the request for relief from the requirements for preparation of an Environmental Impact Report. B. Road Contribution and Construction Agreement - Consider staff recommendation to approve the agreement with Pine Summit LLC as it relates to the construction of Prima Vista Boulevard, east of South US 1. 4. CENTRAL SERVICES Administration Building Project / Amendment to Work Authorization No. C02-01- 232/ Edlund & Dritenbas Architects - Consider staff recommendation to approve the amendment in the amount of 5197,438, and authorize the Chairman to sign the amendment, as prepared by the County Attorney. '-" J St. Lucie County Board of County Commissioners Announcements April 16, 2002 A. There will be a public meeting on the Community Parks System Master Plan/Referendum on April 23, 2002 at 1:30 pm in the Commission Chambers B. There ,\ill be a public meeting on the Community Parks System Master Plan/Referendum on June 11, 2002 at 1:30 pm in the Commission Chambers. C. The 2002/2003 Budget Overview will be held on July 9, 2002 at 2:00 pm in Room 101. D. The June 11, 2002 Board of County Commissioners I\Ieeting has been cancelled. E. The May 7,2002 Board of County Commissioners Meeting \\ill begin at 6:00 PM, with the Airport Master Plan from 6:00 pm to 7:00 pm. F. The Treasure Coast Community Action Agency will meet on April 18, 2002 at 2:00 pm in the Community Services Conference Room, 437 North 7th Street, Fort Pierce, FL G. The Board of County Commissioners will hold a Sludge Disposal Workshop on May 14, 2002, in Conference Room 3, immediately following the Board of County Commissioners meeting. v .I BOARD OF COUNTY COfv\MISSIONERS ADDITIONS AGENDA April 16. 2002 CONSENT AGENDA ADMINISTRATION C-A.I Property Use for Staging Area / License Agreement - Consider staff recommendation to issue a License Agreement to Dickerson Florida, Inc., to utilize County property for a staging area for reconstruction of 25rh Street. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. My party to the proceedings will be granted the opportunity to cross- examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. ; .' '-" ...I APRIL 16, 2002 7:00 PM BOARD OF COUNTY C011MISSIONERS MEETING ~A.GENDA WELCOME GENERAL RULES AND PROCEDURES Attached is the agenda whicµ ",ill 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. REGUL-\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. P1..1BLIC HEARINGS- These items are usually heard on the first and third Tuesdays at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed Drior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (l) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the Board. ADDRESSING THE COMMISSION- Please state your name and address, speaking clearly into the microphone. If you have backup material. please have eight copies ready for distribution. NO:\·AGENDA ITH!S- These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda_ PUBLIC COMMENT- Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. DECORUM- Please be respectful of others opinion. MEETINGS- All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 7:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless othenvise adwrtised. 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 \\"Ofkshops throughout the year necessary to accomplish their goals and commitments. Notice is prO\1ded of these workshops. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1ïï7 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. .> '-" """ www.stlucieco.gov John D. Bruhn Doug Coward Paula A. Lewis Frannie Hutchinson Cliff Barnes District 1 District 2 District 3 District 4 District 5 ßOARD OF COUNTY COMMISSIONERS AGENDA April 16, 2002 7:00 P.M. INVOCATION PLEDGE OF AlLEGIANCE , 1. MINUTES Approve the minutes of the meeting held April 9, 2002. 2. PROCL:\1\1ATIONS / PRESENTATIONS A. Resolution No. 02-93 - Proclaiming the week of April 21, 2002 through April 27, 2002 as "Volunteer Week" in St. Lucie County, Florida. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBUC HEARINGS PUBLIC WORKS / ENGINEERING SA. Sunland Gardens M.S.B.U. Initial Public Hearing 1 Potable Water Improvements - FPUA /Resolution No. 02-098 - Consider staff recommendation to adopt the resolution creating the Sunland Gardens MSBU, approve the preparation of an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority, and authorize the County Engineer to proceed with the engineering and design of the Project. ~ ; NOTICE: All Proceedings before this Board are electronically recorded. Any 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 neea to ensure that a verbatim record of the proceedings is made. Upon the requesf of any party to the proceedings, . individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Servicés Manager at (561) 462-1777 or TDD (561) 462-14Z8 at least forty-eight(48) hours prior to the meeting. - ,-,. .-.",1 REGUU\R AGENDA APRIL 16, 2002 PAGE TWO PUBLIC HEARINGS (CONTINUED) ;0 f/l.-l- COMMUNITY DEVELOPMENT (CONTINUED) ~. rJ ( VB. / Section 108 Loan Guarantee Program list Required Public Hearing - Staff recommends that the Board consider if they wish to proceed ¥'.ith the further processing of a Section 108 Loan (CDBG) for the purpose of supporting Economic Development activities in the County. Resolution No. 02- 035/ Quasi- Judicial 1 William P. Clazario, Smoky's Big Bib BBQ - Consider staff recommendation to approve the resolution 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. Location: 4999 S. Federal Highway, northeast corner of US / Highway One/Midway Road (FKA Shoney Restaurant and French Corner vi Restaurant) and Zoned CG (Commercial, General) '. Resolution No. 02- 038 / Ouasi-Tudicial / Pamela Perkins - Consider staff . recommendation to approve the resolution to define a Class "A" Mobile Home as , a Detached Single-Family Dwelling Unit for property located at Carlton Road in the AG-5 (Agricultural - 1 du/S acres) Zoning District. r::/ Resolution No. 02-037 /Quasi-Judicial / Charles Velie - Consider staff V' recommendation to approve the resolution granting a Change in Zoning from the AG-5 (Agricultural - IdujS acres) Zoning District to the RF (Religious Facility) Zoning District to allow for the expansion of an existing church. location: 180 N. Header Canal Road (east side of North Header Canal, approximately ï3 2 feet north of the intersection of Header Canal Road and Orange Avenue. ~. tf.,-I""r'¡¡j . . tf~esolution No. 02-036 /Ouasi- Judicial 1 Bakul Patel - Consider staff -& l r~ð'"mmendation to approve the resolution granting a Change in Zoning from the / l' .J.. (""''ÀR-l (Agricultural, Residential- 1 du/acre) Zoning District to the RM-S (Residential, rV/ (f f' Multiple-Family - 5 du/acre) Zoning District to allow for the constI1lction of a !/ e., (}) multi-family development. Location: southwest corner of South Kings Hi~~ay . ~ pI.- //-;¿ and Research Center Road. _ J), /? Æ ~ f'I --- rv v-¡ f1 'l'f!.Pi! I Resolution No. 02-034 /Ouasi-Judicial / Ocean Oasis PUD - Consider staff ~ S- f r" recommendation to approve the resolution granting a 12 month e.'\.1:ension tf£ )-J 'jJ ... complete the first phase improvements on the previously approved P~anned Unit ~L¿,). TV',,'/ Development known as Ocean Oasis. Location: South AlA, approxirnat'ely 3 m~ ~ C; north of the St. Lucie County Nuclear Power Plant. ~/>",m:::J o End of Public Hearings ß 1- ~j 1-/ ~ $ " '...I CONSENT AGENDA Amill6. 2002 1. WARRANTS LIST Approve warrants list No. 28 2. LIBRARY St. Lucie West Library 1 Contracted Services - Consider staff recommendation to approve the expenditure of SI4ï,94ï, and authorize the County Administrator sign the purchase requisition for payment of services to Indian River Community College. 3. COMMUNITY DEVELOPMENT A. Exemption from Section 11.02.09(A)(5) St. Lucie County Land Development Code 1 Header Ranches Subdivision - Minor Site Plan / James Fowler - Consider staff recommendation to approve the request for relief from the requirements for preparation of an Environmental Impact Report. B. Road Contribution and Construction Agreement - Consider staff recommendation to approve the agreement with Pine Summit LlC as it relates to the constmction of Prima Vista Boulevard, east of South US 1. 4. CENTRAL SERVICES Administration Building Project 1 Amendment to Work Authorization No. C02-01- 232 1 Edlund & Dritenbas Architects - Consider staff recommendation to approve the amendment in the amount of SI97,438, and authorize the Chairman to sign the amendment, as prepared by the County Attorney. ~ '1' '" '....I St. Lucie County Board of County Commissioners Announcements April 16, 2002 A. There will be a public meeting on the Community Parks System Master Plan/Referendum on April 23, 2002 at 1:30 pm in the Commission Chambers B. There will be a public meeting on the Community Parks System Master Plan/Referendum on June 11, 2002 at 1:30 pm in the Commission Chambers. C. The 2002/2003 Budget Overview will be held on July 9, 2002 at 2:00 pm in Room 101. D. The June 11, 2002 Board of County Commissioners j\leeting has been cancelled. E. The May 7, 2002 Board of County Commissioners Meeting \\ill begin at 6:00 PM, with the Airport Master Plan from 6:00 pm to 7:00 pm. F. The Treasure Coast Community Action Agency will meet on April 18, 2002 at 2:00 pm in the Community Services Conference Room, 437 North 7th Street, Fort Pierce, FL G. The Boarcl of County Commissioners will hold a Sludge Disposal Workshop on l\lay 14, £0.02, in Conference Room 3, immediately following the BoaîãüfCounty Commissioners meeting. e~115!2002 09::0 . ,S4198 PLANTl";IFI , V-----·-·-..--··"·..· PAGE 02 .J DICKERSON FLORIDA, INC. ,. CQMP,6.NY OF THE' OiCKER~N GROVP. IHC. :.J34(J S.£;:, Dixie Highwa) SUrt. Florida 30'997 P.O. D...._r 719 Stuart. florida 34995 (561 ) :Ie? ·IIS¿o FAX(6811~1I7~ Ua April 16. 2002 Mr. Doug Anderson St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: SR 615 (25th Street) rooT Project No: 23025;-I-S2..o1 DFI Project No.: 13314 UDelò-erv vIa Fax and (l.S. Mall SUBJ: Property Use for Staging Area Dear Mr. Anderson, Weare currently under contract with the Florida Department ofTransporm1ion to construct . roadway improvements on 25th Street from Virginia Avenue to Orange Avenue. The project duration is 131 calendar days, beginning April}!' 2002, with expected completion by August 18, 2002. This letter is to request your approval for us to utilize ~he vacant property just north of the Civic Center on the East sìde of2Stb Street. We would utilize this property to store various materials and equipment used on the project. We Wóuld restore the property to existing conditions (grade, grassing, etc.), at the completion of our project with the Department, or upon notification by the County to vacate said property. Your review and approval of this matter would be greatly appreciated. Should you have any questions, please do not hesitatt to contact me at 772-461-0852. ext. 220. Cc: Larry T. Dale - ldale(íMfifl.com JJ J 4SLC/otUseAtCivicCUlterDA.doc ':r;~~;o~l~ CO. ,A'oMIN. OFFICE \If .yt/ BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA April 16, 2002 CONSENT AGENDA ADMINISTRATION C-A. 1 Property Use for Staging Area / License Agreement - Consider staff recommendation to issue a License Agreement to Dickerson Rorida, Inc., to utilize County property for a staging area for reconstruction of 25rh Street. NOTICE: All Proceeuings before this Board arc electroni<:ally recorded. Any person who decides to appeal any él.ction taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceed ings, 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 S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight(48) hours prior to the meeting. t' :1 '-/ .."" ITEM NO. A 1 DATE: April 16. 2002 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CON ENT: (X) SUBJECT: Property Use for Staging Area License Agreement TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION .. BACKGROUND: See att~ched request FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends issuance of a License Agreement to Dickerson Florida, Inc., to utilize County property for a staging area for reconstruction of 25th Street. COMMISSION ACTION: CONCURRENCE: o APPROVED o OTHER: o DENIED Douglas Anderson County Administrator Review and Approvals 9. County Attorney: Q Management and Budget: Q Purchasing: 9. Originating Dept: Q Other: Q Other: 9. Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the Sf. Lucie County Community SeNices Manager at 561-462-1777 or TTO 561-462-1428. at least 48 hours (48) prior to the meeting. H:IWINIWPIAGEN DAIDickerson.wpd Jo t ü~¡16!28Ð2 89:10 \.1-, 1 '"' :.>4 ge. PL"NT I '-,CT. I r-"I ...."1'..., J. .._--~----".-_.-._....- . ..." PAGE 02 DO DICKERSON FLORIDA, INC. 3340 S,£::, Dixie HignWIIY Stuart. FII>J'\d4 3<1007 P.O. Dr¡t.WM719 Sluart. Florid434995 (581) 287-6820 , FAX (~1 ~ ;l87·46ðC " COMPANY OF THE DICKIlA30N GROUP. INC. April 16, 2002 Mr. Doug Anderson St, Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: SR615 (25th Street) roOT Project No.; 230255-1-52..01 DFl Project No.: 13314 UDelh-erv vIa Fax and {1.S. Mail SUBJ: Property Use for Staging Area Dear Mr. Anderson, We arè curreIrtly under contract with the Florida Department of Transportation to construct , roadway improvements on 25th Street from Virginia Avenue to Orange Avenue. The pioject duration is 131 calendar days, beginoing April 11, 2002, \\<ith expected completion by August 18,2002. This letter is to request your approval for us to utilize the vacant pIOperty just north of the Civic Center on the East side of 25th Street. We would utilize this property to store various materials and equipment used on the project. We would restüre the property to existing conditions (grade, grassins> etc.), at the completion of our project with the Department, or upon notification by the County to vacate said property, Your review and approval of this matter would be greatly appreciated. Should you he.ve any questions, please do not hesitate to contact me at 772-461-0852. ext 220. Sincerely, DICKERSON FLORIDA, INC. ~.~ WendyR~ Vice President Cc: Larry T. Dale - ldale@dfifl.com Jji 4SLClotUseAtC;vicCtnterDA.d<>c '{;;~~~o¡l~ I CO. ,ð,DMIN. OFFICE ~ "- ...¡ AGENDA REOUEST ITEM NO. .:; ¡:J DATE: April 16, 2002 REGULAR [X] PUBLIC HEARING [ J CONSENT [ J TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 02-93 - Proclaiming April 21, 2002, through April 27, 2002, as "Volunteer Week" in St.lucie County, Florida. BACKGROUND: Paul 1. Hiott, Director of the Department of Veteran Services, has requested that a resolution be drafted proclaiming April 21 ,2002, through April 27, 2002, as Volunteer Week in St. Lucie County, Florida. The attached Resolution has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 02-93 as drafted. COMMISSION ACTION: &] APPROVED [] DENIED [ ] OTHER: 5-0 County Attorney: ar Review and Approvals Management & Budget Purchasing : Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)___ Eff. 5/96 W' .",; RESOLUTION NO. 02-93 A RESOLUTION PROCLAIMING APRIL 21, 2002, THROUGH APRIL 27, 2002, AS "VOLUNTEER WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. Volunteering of one's time and resources is an elemental part of the essence and tradition in our country and is essential to its spirit and vitality. 2. St. Lucie County cannot look to government alone to solve all of its societal problems. 3. Volunteering offers all residents the opportunity to participate in the life of their community and to link their talents and resources to help their fellow residents by working in programs that impact on the social, health, economic and educational challenges facing our county. 4. Today one out of every four Americans is making a gift of time and talent to some kind of volunteer service which is designated to help others or to work for a cause. 5. This is a special time in the history when the need for individual and organizational initiative and involvement is especially critical. 6. Our communities, our State, and our Nation will benefit as more and more citizens bestow the priceless give that comes only when people give of themselves. 7. This Board believes that the citizens of St. Lucie County should join in this celebration of our volunteer heritage and to give special recognition to the dedicated volunteers and communities throughout St. Lucie County. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: '-' ~ MEMORANDUì\I -~.".~ , ,e) \ ~ DEPARTMENT OF VETERAN SERVICES \\~\;V À ~) \ GJ V f~:\\~ \# ~~~ / r: r Y\ \ t ~/ rf / . ìÇD\ ~¡1J I G/ f\, ~ DATE, March 8, 2002 D. pt 1) . J: TO: Douglas M. Anderson, County Administrator \ r:)l ,v;YJ iV' v \ (\J r-J./'""'o.... t1 \.J Paul J. Hiott, Director "\D ~ ~~ >p~ \\ ') \ ~, FROM: SUBJECT: Volunteer Recognition Week ,"Celebrate the American Spirit - VOLUNTEER!" is the theme for the 29th annual National Volunteer Week, April21- 27, 2002. The purpose of this week is to recognize and celebrate the efforts of volunteers at the local, state and national levels. To facilitate recognition at our level, I am asking your approval to proceed with a request for a resolution to be prepared by the County Attorney's office. If approved, I would offer encouragement to all Department Directors to participate by recognizing their various volunteers with some type of certificate or memento, ideally at the Commission meeting held April I (j, 2002. I cannot stress enough the value of our volunteers in Veteran Services. The week will provide us with an opportunity to officially thank them for their service throughout the year. I appreciate your consideration and look forward to what will hopefully be an annual event for S1. Lucie County volunteers. ill ~ íc) Œ U ~ ~ ill \l.~ MM , , 200l ct.. ADMIN, OFFICE Jc¡íad¡H~·ª~rª~~~··~R~:Y9IVIB:eê~96¡tiOriW~~k .p'aQ~Tj ................. ........................."......................"........ .._~--_._."~--_. From: To: Date: Subject: <Cowarddt@aol.com> <CBURGESS@co.st-lucie.fI.us> 3/13/02 10:09AM Re: Volunteer Recognition Week you got that right -- absolutely .. ... ......... .....HH-.J · '.. . ( '!J1Ct~LU'LU , '-' ....,¡ I7I\J..Æ (iL ~ ~lO '1\wmOMd U1 ~ ^ '. (\ ~ r A '2-1,.j DEPARTMENT OF VETERAN SERVICES kt!1fl~ UétfCLX cJ[ ~ 0;;" \ ¡J Q~ ~~\e 0 \\~\ I 'in ~ V' V ~ ~)/ r! P \ ~ù! Û/ ~ 0/ ~'''t ~ ~ ."~ r . ") (v') i'\\' \ nYJ \j /1V ;xP /J \\J\ '0Yf2D \ MEMORANDUM DATE: March 8, 2002 TO: Douglas M. Anderson, County Administrator Paul J. Hiott, Director ~~ FROM: SUBJECT: Volunteer Recognition Week ~'Celebrate the American Spirit - VOLUNTEER!" is the theme for the 29th annual National Volunteer Week, April 21 - 27, 2002. The purpose ofthis week is to recognize and celebrate the efforts of volunteers at the local, state and national levels. To facilitate recognition at our level, I am asking your approval to proceed with a request for a resolution to be prepared by the County Attorney's office. If approved, I would offer encouragement to all Department Directors to participate by recognizing their various volunteers with some type of certificate or memento, ideally at the Commission meeting held April t 6, 2002. I cannot stress enough the value of our volunteers in Veteran Services. The week will provide us with an opportunity to officially thank them for their service throughout the year. I appreciate your consideration and look forward to what will hopefully be an annual event for St. Lucie County volunteers. [DJI [ (~ Ii ¡ W [ ~ lrJ I t.M' ,2002 æJ cG ADMIN. OFFICE lch~rfiª~Burgess . .~. F:~(t..Y()~}E:!rRE:!c;()~nitiO¡:¡W~E!k· ........ ...,;... ........ .... ..... ....... ..... ....... ·····Ê?g~j\1 From: To: Date: Subject: Charline Burgess cowarddt@aol.com 3/1 3/02 8: 14AM Fwd: Volunteer Recognition Week I told Diane to proceed with this, I thought you would go for it. CB , '-' AGENDA REQUEST ITEM'1"O. SA DATE: Apri/16, 2002 TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ ] PUBLIC HEARING [XX] CONSENT [ ] PRESENTED BY: ß.%~~ .\})~ opnald B. West, rJ.E. County Engineer SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Sunland Gardens M.S.B.U. Initial Public Hearing Potable Water Improvements - FPUA BACKGROUND: See attached memorandum FUNDS AVAIL. (State type & No. of transaction or N/A): N/A PREVIOUS ACTION: March 12, 2002 - Board granted permission to advertise the Initial Public Hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 02-098 creating the Sunland Gardens M.S.B.U.; approve the preparation of an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and authorize the County Engineer to proceed with the engineering and design of the Project. COMMISSION ACTION: CE: [~APPROVED [] DENIED [ ] OTHER: 5-0 Coordination/Signatu res [x]County Attorney ~ ("p""",~?( ~/ [x]Finance ) [x]Mgt. & Budget f.t.Øl...fvJfh~ [x ]Co. Eng -Àf\J.\ . ( [ ]Purchasing [x lMSBU coorc:3 f'Jr 1lP "" ..., COMMISSION REVIEW: April 16, 2002 ENGINEERING MEMORANDUM TO: FROM: DATE: SUBJECT: Board of County Commissioners Donald B. West, County Engineer March 29,2002 Sunland Gardens MSBU - Initial Public Hearing Potable Water Improvements - FPUA BACKGROUND Over the past three years, residents in Sun land Gardens have been petitioning their neighbors to gain support in creating a MSBU to bring potable water improvements to the entire Sunland Gardens Subdivision. The petitions were submitted to St. Lucie County and the signatures have been verified. The petition/boundary submitted represents 44% in support of the project. However, due to health concerns the residents have expressed their desire for the Board to consider approving the project. At this time, the remaining area of Sunland Gardens is being petitioned by the residents to seek further support to join the MSBU and increase the boundary, at a later date. In the event that the boundary is increased, the improvements can be constructed as one project, and the residents will recognize a cost savings, thus lowering their proposed assessment amount. An informal meeting was held on February 13, 2002 with the residents to discuss Fort Pierce Utilities Authority as the utility service provider, the conceptual design, MSBU process, and to provide the residents with a rough estimate of the cost. Information regarding the SHIP Program was also provided to the residents. to assist in paying the assessment for anyone that may qualify under the program. Based upon the consensus of opinion of those present at the meeting, it was determined that the County should proceed with the MSBU project. The Fla. Dept. of Health has written a letter, strongly supporting any efforts to make water potable water available to this area. In 1993, a SWIM study ranked Sunland Gardens as a first priority for connection to utilities because of potential threat to the drinking water. A copy of the letter is attached. In order to create the M.S.B.U. for potable water service provided by the Fort Pierce Utilities Authority, the County must first enter into an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. This agreement will establish FPUA and the County's responsibilities with respect to this specific project. Under this agreement, the County agrees to assess the property owners for the municipal improvements provided by \w- ..." the FPUA. The FPUA will be responsible for the design, permitting, and construction of the potable water system, administration of the construction contract, inspection, and final acceptance of the system for maintenance. St. Lucie County will be responsible for the administration of the M.S.B.U.. The water distribution system will be a looped system, consisting of four inch and six inch water mains. Fire hydrants will be installed to meet current fire protection requirements. All water capital charges ($199,81 0.00) have been credited due to a 60% construction cost credit offered by FPUA. In addition, FPUA has waived the customary 15% engineering services fee ($60,000+/)- for this particular project. The method of assessment for the potable water improvements shall be based upon the "Equivalent Residential Connection" (ERC) method, whereas each property owner is assessed equally for the improvements. After FPUA's contribution to the project, the estimated project cost, excluding interest and tax collector fees is $693,000.00. This equates to a "prepay· amount of $3,700 per ERC, or $555.00 annual payment per ERC. RECOMMENDATION Staff recommends that the Board adopt Resolution No. 02-098 creating the Sun land Gardens M.S.B.U.; approve the preparation of an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority; and authorize the County Engineer to proceed with the engineering and design of the Project. BP cc: Staff Concurring Finance Director OMS Manager Property Appraiser Tax Collector ~"" ,.-"~. '-' ...., Jeb Bush Governor John O. Agwunobi, M,D., M.B.A. Secretary February 25, 2002 'tV . ~" Þ h,17rÝ),? J II ~¡? (' IYI '9l ..3-1,-6 z.. l4f"1 tb I'=P\r A Douglas MAnderson St Lucie County Administrator 2300 Virginia p'ven Ft Pierce,Fl 954 R The St Lucie County Health Department strongly supports any efforts to make water available to Sunland Gardens as a matter of public health. As in Port St Lucie a decade ago, and for the same reasons, this Department urges the expansion of public water. Unfortunately, connection to public water is not mandatory under state law or rule. This office believes septic tanks used in conjunction with relatively shallow onsite private wells may, and often do, adversely impact the quality of drinking water. Septic tanks are point sources of pollution in close proximity to wells, which are direct conduits to the water table. While the wellheads are grouted, age and yard maintenance often create cracks and separations in the grouting allowing contaminated water to seep directly into the water table. Wells installed before the Health Department was delegated authority in July 2000 were often not grouted or only partially grouted. We have been tracking replacement wells and well repairs but there is insufficient data at this time. Likewise, there has been no study of illness relating to private wells. Based upon these concerns, and in keeping with state policy, this department has in the past issued precautionary boil water notices in times of flooding or after prolonged rains. In 1993 Surface Water Improvement and Management (SWIM) Act study on the impact of septic systems on the Indian River Lagoon ranked Sun land Gardens as a first priority for connection to utilities because of their potential threat to the water. Our related concern was that these same waste water systems would threaten private wells. ~ flj Sincerely, ill œ mes Moses, R.S. nvironmental Health Director ENG'NE£RIN~.._ Environmental Health Division 5150 NW Milner Drive. Port St. Lucie FL 34983 (772) 873-4931 . Fax (772) 873-4893 http://www.stlucieco.govlhealth ~ !(' r¡:, ~ r. ~n R n o .. lS ~ì '-" lJ '!J IS .1 ~ i. r ' , I' ' ¡ :¡ ; i LrJ, FEB 2 B 2002 [ L~) ; . l_---_! ("( "......'. -'.,! ,-,;-, '(', '-" 'WIfI RESOLUTION NO. 02-098 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO CERTAIN PROPERTIES IN SUNLAND GARDENS IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED SUN LAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE POTABLE WATER IMPROVEMENTS SHALL BE BASED UPON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD; DETERMINING THAT THE COST OF THE PROJECT IS NOT IN EXCESS OF THE BENEFIT; CREATING THE SUNLAND GARDNES MUNICIPAL SERVICES BENEFIT UNIT; RESOLVING THAT 100% OF THE COST OF THE PROJECT SHOULD BE FUNDED BY NON-AD VALOREM SPECIAL ASSESSMENTS LEVIED ON PROPERTIES WITHIN THE SUNLAND GARDENS MUNICIPAL SERVICES BENEFIT UNIT THROUGH AN ASSESSMENT BASED ON AN EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Chapter 125, Florida Statutes and Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code), the Board of County Commissioners for St. Lucie County, Florida (the "Board") has the authority to establish municipal services benefits units ("MSBU's") in unincorporated St. Lucie County to provide, among other things, drainage improvements and potable water service; and WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures which govern the establishment and administration of such MSBU's; and -1- '-' ...", WHEREAS, on March 12,2002 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted the petition of 44% of the land owners for potable water improvements within a proposed Sun1and Gardens Municipal Services Benefit Unit (the "Sunland Gardens MSBU") requesting that the Board create the Sunland Gardens MSBU to fund the cost of a project to provide potable water improvements to certain properties in Sunland Gardens in unincorporated St. Lucie County (the "Project"); and WHEREAS, on April 16, 2002 pursuant to the requirements of Section 1-13.5 of the Code, the Board held a duly advertised initial hearing to consider the creation of the Sunland Gardens MSBU, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the County Engineer has advised the Board that based on an analysis of the costs and benefits of the Project, the equivalent residential connection method of assessment is appropriate because this method of assessment fairly and reasonably apportions the cost of the project among the benefitted properties; and WHEREAS, after hearing the comments of the County staff as well as interested persons, the Board has made the following detenninations: (1) the Project and the creation of the proposed Sunland Gardens MSBU is in the best interest of the health, safety and welfare of the County and will be of benefit to the properties within the limits of the proposed Sunland Gardens MSBU; (2) the percentage ofthe benefits ofthe Project which will accrue to properties within the limits of the proposed Sunland Gardens MSBU as shown on the map attached hereto as Exhibit "B" is 100%; (3) the method of assessment to be used in assessing the benefitted properties shall be the equivalent residential connection method; and (4) the cost of the project is not in excess ofthe benefit gained by each of the properties which would be subject to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the Sunland Gardens Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit "B". Section 2: The entire cost ofthe Project shall be funded through non-ad valorem special assessments levied against real property within the limits of the Sunland Gardens MSBU. Section 3: The method of assessment shall be based on the equivalent residential connection method of assessment such that each lot owner within the Sunland Gardens MSBU shall share proportionately in the cost of the Project in relationship to the benefit received. Section 4: The County Director of Engineering is hereby authorized to proceed with the Project pursuant to the procedures set forth in Chapter 1-13.5 ofthe Code. Section 5: In the event the Project is not ultimately approved and constructed, the cost -2- '- ..." of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the Sunland Gardens MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this l6st day of April, 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney -3- "'- ."" EXHIBIT A PROOF OF PUBLICATION -4- , .."" EXHIBIT B MAP OF MSBU SUNLAND GARDENS MSBU SEE SH€(T 24/094 jUlf,T I-:I~'!- !f:l~-I-:I :I'·-I·'.~-· Þ. k Þ.LÞ' 'f~~f~:ftî:~- æ11i·I'!.J;~ ,1:1" :¡,, ;..!,,,;! F ¡ I-,:f.:'f~~~!·-I 1~ II -I.. IS t( IS a: ~ r_~6Z1x~ff~II'" ø ~r~ ~r!~r:r:r:L..ï ·i~5· ~ as _..~ , o¿, ..=: lie ftI _ celTU ..-f.. Rf ~ _..,.., ....__ .. ::c.. :...... .,..:.. "';.11..,. M 1",,1: _ ;... . 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IJ-' ..., I-JI.........··!..J¡ f '_M...t'tG I ~114C '\Ò. ~ : . ~ ~ .11 .... t :101- IIIQ.,2. N . ~ --- _. .--- -5- ~ '-'" ....,,¡ Agenda Request Item Number 0 ß Date: Apri/16,2002 Consent Regular Public Presentation Leg. [ ] [ ] [x ] Quasi-JD [ SUBJECT: Section 108 Loan Guarantee Program - Financi conomic Development, Large- scale Public Facility Projects, and Public Infrastructure. (15/ Required Public Hearing) ted By To: Submitted By: Board of County Commissioners Community Development BACKGROUND: St. Lucie County's Economic Development Department is proposing to apply for a Section 108 Loan (CDBG) for the purpose of supporting Economic Development activities in the County. The Section 108 Loan Guarantee Program offers local governments a source of financing for economic development, large-scale public facility projects, and public infrastructure. The United States Department of Housing and Urban Development sells bonds on the private market and uses the proceeds to fund Section 108 loans through the state to local govemments. The Section 108 Loan Guarantee Program is authorized under Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) as part of the Community Development Block Grant Program. This program is administered by the Florida Department of Community Affairs under the Small Cities Community Development Block Grant Section in the Division of Housing and Community Development. At this point in time the Board is not being asked to review or act on . anyone particular request under this loan program. To be eligible for participation in the loan program, two public hearings are to be held. The first hearing is designed to solict local input and comments regarding the loan program and where particular projects should be considered; provide notice that the county is exploring the possibility of applying for such a loan in order to foster economic development activities and to determine if in fact the Board wants to proceed with this program. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board consider if they want to proceed with the further processing of a Section 108 Loan (CDBG) for the purpose of supporting Economic Development activities in the County. - -&;- ~ COMMISSION ACTION: D APPROVED ULJ OTHER D DENIED _Re.s.c_heJiuJ. e d 4 / 2 3 / 0 2 ouglas M. Anderson County Administrator Coordination/ Signatures County Attorney Originating Dept.: Finance: Mgt. & Budget: Other: Purchasing: Other: (AGEND624a) ~ ...., COMMISSION REVIEW: April 16, 2002 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of County Commissioners FROM: Community Development Director DATE: April 10, 2002 SUBJECT: Section 108 Loan Guarantee Program - Financing for Economic Development, Large-scale Public Facility Projects, and Public Infrastructure. (151 Required Public Hearing) St. Lucie County's Economic Development Department is proposing to apply for a Section 108 Loan (CDBG) forthe purpose of supporting Economic Development activities in the County. The Section 108 Loan Guarantee Program offers local governments a source of financing for economic development, large-scale public facility projects, and public infrastructure. The United States Department of Housing and Urban Development sells bonds on the private market and uses the proceeds to fund Section 108 loans through the state to local governments. The Section 108 Loan Guarantee Program is authorized under Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) as part of the Community Development Block Grant Program. In 1997, the Florida Legislature passed changes to the Small Cities Community Development Block Grant Program which now allows up to $160,000,000 in loans to be guaranteed by the State's Community Development Block Grant allocation for loans made to small cities and counties on behalf of their needs for economic and community development. This program is administered by the Florida Department of Community Affairs under the Small Cities Community Development Block Grant Section in the Division of Housing and Community Development. As noted above, the Section 108 program is a "loan" program. Any money borrowed is expected to be repaid over specific time period, generally not in excess of 20 years. The maximum amount that a local community may borrow is tied to certain local socio-economic conditions in the community. In the case of St. Lucie County, we are eligible for up to about $7,000,000. As with any loan program the County will need to identify how it expects to repay the loan. Collateral pledges to the loan will have to be provided. The specifics of what collateral the County will be using will be addressed as part of the second public hearing on this matter. , At this point in time the Board is not being asked to review or act on ! anyone particular request under this loan program. To be eligible for participation in the loan program, two public hearings are to be held. The first hearing is designed to solict local input and comments regarding the loan '-' ....,¡ April 10, 2002 Page 2 Subject: Section 108 Loan Guarantee Program program and where particular projects should be considered; provide notice that the county is exploring the possibility of applying for such a loan in order to foster economic development activities and to determine if in fact the Board wants to proceed with this program. Staff recommends that the Board consider the above items and determine if they want to proceed with the further processing of a Section 108 Loan (CDBG) for the purpose of supporting Economic Development activities in the County. If you have any questions, please let me know. DJM/ CDBG1(H) cc: County Administrator County Attorney Florida Small Cities CD\...,,')ection 108 Loan Guarantee Program Communltv Develooment Block Grant Home Aoolicatlon Cycle Materials and Forms ..." Page I of 4 Section 108 BMional Contacts & StaN . ;p. ~, ", Community Development Block Grant Program Section 1 08 Loan Guarantee Program The Section 1 08 Loan Guarantee Program offers local governments a source of financing for economic development, large-scale public facility projects, and public infrastructure. The United States Department of Housing and Urban Development sells bonds on the private market and uses the proceeds to fund Section 1 08 loans through the state to local governments. The local government may loan the funds (which must be repaid) to third parties to undertake eligible Community Development Block Grant activities (typically economic development) or use the funds for other eligible Community Development Block Grant activities. Community Development Block Grant future allocations are used only as secondary security for the U.S. Department of Housing and Urban Development loan to the local government (the loan guarantee). The Section 108 Loan Guarantee Program is authorized under Section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308) as part of the Community Development Block Grant Program. In 1997, the Florida Legislature passed changes to the Small Cities Community Development Block Grant Program which now allows up to $160,000,000 in loans to be guaranteed by the State's Community Development Block Grant allocation for loans made to small cities and counties on behalf of their needs for economic and community development. This new program is administered by the Florida Department of Community Affairs under the Small Cities Community Development Block Grant Section in the Division of Housing and Community Development. For more information, please review the following topics: · What activities are eligible for Section 108 Loans? · What are some examples of an eligible Section 108 project? · What are some examoles of already funded Section 108 proiects? · What is the total funding for the Florida Section 108 program and what are the project caps? · What is the typical Section 108 Loan guarantee process (for a loan to a third party)? · What about Section 108 loan rates. terms. and collateral? . What are the Section 108 loan underwritina reauirements? · Where can I get more information about the new Section 108 Loan Program? What activities are eligible for Section 108 Loans? .' < 1. Principally benefit low and moderate income people; or 2. Assist in the elimination or prevention of slum and blight conditions; or 3. Meet other community development needs that have a particular urgency and are of very recent origin. [8!!.I.yr.n.1o_I.opicsJ http://www.dca.state.fl.us/fhcdlprograms/cdbgp/secl08.htm 4/10/2002 Florida Small Cities CDF <)ection 108 Loan Guarantee Program '-w What are some examples of an eligible Section 108 project? ...." Page 2 of 4 1. Real property acquisi1ion as part of an otherwise eligible activity; 2. Rehabilitation of publicly or privately owned real property; 3. Housing rehabilitation or development eligible under the Community Development Block Grant program and related relocation; 4. Demolition, clearance, and site improvements for eligible Community Development Block Grant activities; 5. Section 108 loan closing costs and issuance costs of related public offerings; 6. Public infrastructure; and 7. Eligible economic development activities. fRetum to Tooics) Wha1 are some examples of already funded Section 108 projects Projects approved by the U.S. Department of Housing and Urban Development in the las1 several years include economic development and micro loans, shopping centers, industrial expansion, business relocation, warehouse facilities, public infrastructure, office buildings, retail stores, affordable housing site development, business incubators, riverfront commercial and recreational development, hotels and motels, and capitalizing a local revolving loan fund fRetum to Topics] What is the total funding for the Florida Section 108 program and what are the project caps? The legislature has set an individual cap per local government of $7,000,000 in loan guarantees. This level of funding allows the local government to participate in larger projects, avoid referendums for infrastructure financing, compete with larger local governments for business relocations, and provide businesses the ability 10 access funds at approximately corporate AAA bond rates. fRetum to TopicsJ What is the typical Section 108 Loan guarantee process (for a loan to a third party)? 1. The business or other third party approaches the local government with a proposal; 2. The local government sets up a "screening meeting" at the Department of Communi1y Affairs for the Department's review and comments on the eligibility and likely fundability by the U.S. Department of Housing and Urban Development of the proposal; < 3. The local government packages the loan, has the loan underwriting analysis completed, pledges local government collateral based on the results of the underwriting process, signs the certifications, and sends the completed application to the Department. Department staff reviews the package for accuracy and eligibility, then forwards the loan proposal to the U.S. Department of Housing and Urban Development when it is complete. As part of this process, the state pledges future Community Development Block Grant allocations as secondary collateral to secure the loan; http://www.dca.state.fl.us/fhcd/programs/cdbgp/sec108.htm 4/10/2002 Florida Small Cities CDP - Section 108 Loan Guarantee Program Page 3 of 4 ~.....; 4. The U.S. Department of Housing and Urban Development approves the loan package or negotiates with the state, local government, and borrowers to overcome loan package deficiencies; 5. The sale of the bonds is closed (or interim financing is provided) by the U.S. Department of Housing and Urban Development's fiscal agent concurrently with the closing of the Section 108 loan to the local government, who then immediately closes its loan with the borrower. The funds are released by the U.S. Department of Housing and Urban Development's fiscal agent to the local government's custodial agent (a local bank), who then releases the funds to the borrower based on the terms of the loan agreement; 6. The borrower makes monthly payments to the local government's custodial agent, who semi-annually remits to the U.S. Department of Housing and Urban Development's fiscal agent, who annually pays the bond holders; and 7. The local government and the Department periodically monitor the ongoing project and deposits with the custodial agent to ensure that the borrower meets all the Community Development Block Grant requirements relating to labor standards, environmental assessments, acquisition and relocation, financial management, and meeting a national objective. The process is simpler when the local government is borrowing the proceeds for activities such as public infrastructure or other public facilities. The local government must pledge a local revenue stream that is adequate to fund the repayment of the Section 108 loan. [Return to TODics] Section 108 Loan Rate, Terms, and Collateral Interest on the loan from the U.S. Department of Housing and Urban Development to the local government typically runs W'Io above treasury obligations of comparable maturity. Each annual principal amount will have a separate interest rate based on the obligation that must be retired by the U.S. Department of Housing and Urban Development that year. If the local government is loaning the funds to a business for economic development activities or some other third party, the local government may add an additional spread to the loan rate to cover servicing costs over the life of the loan as well as require the borrower to pay the loan closing costs and other local government administrative costs. These costs can be included in the loan. The U.S. Department of Housing and Urban Development requires security from the borrower and/or the local government to adequately collateralize the loan. If the third party borrower's loan to value ratio is less than .80, or its debt service ratio is less than 1.15. the U.S. Department of Housing and Urban Development will always require additional collateral, either from the business, individuals, or from the local government. Depending on the activity or project, the U.S. Department of Housing and Urban Development may require additional collateral from "deals' that meet these ratio thresholds. If a local government fully supports a project questioned by the U.S. Department of Housing and Urban Development, it may always pledge real estate, specific revenue streams (tax increment, sales tax, etc.), or the full faith and credit of the local government as collateral. Terms for third party loans are typically matched to the useful life of the collateral, with up to 20 years on real estate. [Return to Topics] ." Section 108 Loan Underwriting Requirements " For a loan to a third party to be eligible, the local government must undertake an underwriting analysis that meets the requirements of 24 CFR Section 570.482(e). This financial analysis must document: 1. That all project costs are reasonable; 2 That all sources of project funding are committed; 3. That to the extent practicable, Community Development Block Grant funds are not substituted for non-federal financial http://www.dca.state.fl.us/fhcdlprograms/cdbgp/secl08.htm 4/10/2002 support; Florida Small Cities CDP <; ection 108 Loan Guarantee Program .....1 ..., Page 4 of 4 4. That the project is financially feasible; 5. That to the extent practicable, the return on the owner's equity investment will not be unreasonably high; and 6. That to the extent practicable; Community Development Block Grant funds will be disbursed after, or on a pro-rata basis with, the finances provided to the project [Return to]"~ Additional Information For additional information, call Rick Stauts, Planning Manager, at (850) 487-3644 or send an e-mail to him at rick.stauts@dca.state.fl.us. fReturn to TQP¡~M Community DeyeloDment Block Grant Home ADDllcation Cycle Materials and Forms Section 108 Reaional Contacts & Staff .' http://www.dca.state.fl.us/fhcdlprograms/cdbgp/secl08.htm 4/1012002 ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ...... ....J Agenda Request Item Number 6C- Date: April 16, 2002 Consent Regular Public Hearing Leg. [ ] [ [ ] [ X ] Quasi-JD [ X ] Board of County Commissioners Community Development Director Request of William P. Clarizio, Smoky's Big Bib BBQ, for a waiver t Section 7.10.11 (A) of the St. Lucie County land Development Code to allow the sale of Icoholic beverages as an accessory use to a restaurant within 1,200 feet of a religious facility (Post St. Lucie Church of Christ) for property located at 4999 S. Federal Highway (northeast corner of U. S. Highway One/Midway Road (FKA, Shoney Restaurant and French Corner Restaurant) and zoned CG (Commercial, General). On March 18, 2002, the applicant 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 French Corner 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 (Port St. Lucie Church in Christ -384 E. Midway Road). 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. On March 7, 2000, via Resolution 00-010, the subject property was granted a nontransferable distance waiver to sell alcoholic beverages as an accessory to a restaurant (French Corner Restaurant). N/A N/A Staff recommends approval of Draft Resolution 02-035, subject to the cited conditions contained therein. COMMISSION ACTION: [}[] APPROVED D DENIED D OTHER 5-0 ,. < Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: '-'" """" Åi ..:,.. COMMISSION REVIEW: April 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: April 9, 2002 SUBJECT: Consider Draft Resolution 02-035, approving the request of William P. Clarizio, 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 Smoky's Big Bib BBQ. (File No.: BCC-02-003) William P. Clarizio, owner and operator of Smoky's Big Bib BBO located at 4999 U. S. Highway One, northeast corner of U. S. Highway One and Midway Road (FKA Shoney Restaurant and French Corner Restaurant), 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 Port St. Lucie Church in Christ 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: '-' 'Wi! Subject: Clarizio Distance Waiver BCC-02-003 April 9, 2002 Page 2 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 Smoky's Big Bib BBQ is proposed for location in a building that has housed several restaurants over the past few years (Shoney's Restaurant and French Corner Restaurant). Of these two restaurants only the French Corner 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 Smoky's Big Bib BBQ restaurant is to be a family restaurant. The proposed hours of operation would be Monday through Saturday, 10 am to 11 pm. The total seating capacity has been represented to be 200 seats. The applicant has proposed an interior bar area that will seat at a maximum 10 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 March 18, 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 Port St. Lucie Church of Christ facility. In addition, the applicant's were informed that the existing distance waiver for the French Corner Restaurant was nontransferable and that a new distance wavier would need to be granted. On March 20, 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 to the patrons of the proposed Smoky's Big Bib BBQ restaurant. 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 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 Port St. Lucie Church of Christ (384 E. Midway , Road) is located approximately 1 ,200 feet east, 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 pass directly by the proposed eating and driving establishment in order to gain '-' ..; April 9, 2002 Page 3 Subject: Clarizio Distance Waiver BCC-02-003 ;i 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 thirty-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 35 seats as required by code with a maximum seating capacity of 200. The applicant is proposing a bar area that will seat 10 patrons maximum. The existing building is constructed of cinder block with stucco and has approximately 5,079 square feet of interior space. 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 (Shoney's and French Corner Restaurant) and is located at the northwest corner of the intersection of South US #1 and Midway Road. A 5,079 square foot building, utilized as an eating and drinking establishment, is required by Section 7.06.02 to provide 51 parking spaces (10 spaces/1,000 square feet). The property in question has been determined to meet minimum site requirements for parking and landscaping given the existing conditions of the parcel. 4. Whether the facility is physically separated or sufficiently well buffered form all adjacent residentially zoned areas; schools, churches, public parks and public playgrounds. The proposed location is located on the northeast corner of U.S. Highway One and Midway Road. It is surrounded to the west and north by the Town South Plaza and to commercial properties to the south and east. The religious facility in question is east of U. S. Highway One on the south side of Midway Road and meets the minimum of 1000 feet east of the intersection of U. S. Highway One and Midway Road. Therefore, the proposed location is adequately buffered from any surrounding residential properties. The proposed facility will have access onto US #1 and Midway Road 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 Port S1. Lucie Church of Christ 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. .' ~ "-' """" Subject: Clarizio Distance Waiver BCC-02-003 f,r April 9, 2002 Page 4 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 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 building within the existing Town South Shopping 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 be sold as an accessory to the primary restaurant use for the building. Staff recommends that the petition of William P. Clarizio, d/b/a Smoky's Big Bib BBQ, for a waiver from Section 7.10.11 of the St. Lucie County Land Development Code be approved, subject to the following conditions: 1. Smoky's Big Bib BBQ must maintain a minimum of 35 seats. 2. The waiver request granted under this petition is limited to the current petitioner, William P. Clarizio, 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. . 3. The Smoky's Big Bib BBQ Restaurant shall only operate between the hours of 10 a.m. and 11 p.m., Monday through Saturday. 4. 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 cs cc: William Clarizio 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 ~ .I RESOLUTION 02-035 FILE NO.: Bee 02-003 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 BEVERAGE 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. William P. Clarizio (d/b/a Smoky's Big Bib BBQ Restaurant) 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 the northeast corner of the intersection of US Highway One and Midway Road, 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 Port St. Lucie Church of Christ, 384 E. Midway Road (1,200 feet east 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 April 16, 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 project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the S1. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. File No.: BCC-02-003 April 16, 2002 Resolution 02-035 Page 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ~ ..,J 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 within the establishment, Smoky's Big Bib BBO Restaurant, is not likely to create a public nuisance or traffic impediment by drawing crowds or persons milling about outside the building. d. The facility, Smoky's Big Bib BBO, is physically separated and sufficiently buffered from all adjacent residentially zoned areas, schools, churches, public parks or public playgrounds. e. The facility, Smoky's Big Bib BBO, 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 Smoky's Big Bib BBO Restaurant located at 4999 S. Federal Highway (northeast corner of the intersection of U. S. Highway One and Midway Road), subject to the following conditions: 1. The Smoky's Big Bib BBO Restaurant must maintain a minimum of 35 seats. 2. The waiver request granted under this petition is limited to the current petitioner, William P. Clarizio, 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. 3. The Smoky's Big Bib BBO Restaurant shall only operate between the hours of 10 a.m. and 11 p.m., Monday through Saturday. .- ~ 4. 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. B. The property on which this waiver is being granted is described as follows: File No.: BCC-02-003 April 16, 2002 Resolution 02-035 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ~ ....I ,¡:'i Section 03, Township 36 South, Range 40 East, S1. Lucie County, Florida, that part of the SE 1/4 of the SE 1/4 of the NW 1/4; from the SE corner of the NW 1/4 run North 0°02'03" West 69.62 feet, thence North 89°23'02" West 70 feet to the Point of Beginning, thence continue North 89°23'02" West 228.04 feet, thence North 0°36'38" East 180 feet, thence South 89°23'02" East 226 feet, thence South 0°02'03" East 180.01 feet to the Point of Beginning (.94 acres) (map number 34- 03N) (OR 1236-2208) (ParcellD Number 3403-244-0000-010/9) (Containing 0.94 acres, more or less) Location: (Northwest corner of the intersection of South US #1 and Midway Road) C. 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 petitioner, William P. Clarizio, choose or decide to assign this business to another entity or individual, a new waiver authorization shall be required. D. The approvals granted under this resolution are specifically conditioned to the requirement that the petitioner, William P. Clarizio, 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. E. The authorizations granted through this waiver shall expire on April 16, 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 as an accessory use to the operation of a restaurant (eating place) 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 petitioner 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 81. 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 File No.: BCC-02-003 April 16,2002 Resolution 02-035 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 '" ....I Vice-Chairman Cliff Barnes XXX Commissioner Paula Lewis XXX Commissioner John Bruhn XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 161h day of April 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\Clarizio\resoution " File No.: BCC-02-003 April 16, 2002 Resolution 02-035 Page 4 -..... N -... . 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Z ~ 4 ... ~ ;; I I ~ a: II 01'0lIl DUNS <í Z IE ::;¡; <í is .c.) ... ~ , ,,' ..' " ......... " ~ ... ... I ... ... ... IE .. " , S K ! 5 5£ ! , ~ AlNn08 3380H833>10 ........ ...,¡ A Petition of William P. Clarizio, for a Variance to allow the sales of alcoholic beverages, as an accessory to a restaurant, within 1200 feet of a religious facility, school, public park, or public playground in the CG (Commercial, General) Zoning District. - .. .. ~. ,- - .. '. '." . " . .- . .' . ,- . .' . r" '0' . '. ." ".." -. ," . ':,' . : .:. : . ,'M : .,'. : . ." : .: _ : .:. : . I I I I I 1 I ~© '---------- " ,. __ o. ':. : ".: . ~ .: . -- .; . -- .: .:.: . -- .: ''- ':: . : . ," : . .'. : .:. : . ." : .: - : -:- : . ..!/ :-:- ; ,: :':. ;.: :';. ;.: :~% :';' :'.: ;';- :.: ;'; :.. .. -. -. .. .. .. 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Pierce 5T4~~' <iJiJ --;;>~--=- Map prepared March 25, 2002 t n.1PIIIØ'*bMt1~Iar~~Md~~1rit Mo.-. .-y~~ '-' ,.....1o~...~o.rren:ancI..x:a.nce ~~...IIOtInlencledIo''''''lltg8Iytild'lg~ N "'" Zoning William P. Clarizio '" .. '" " '. .. " f " I " f " '" .. -. '" '" " ,.. I " I '" I " '" .. .. " " " " 1 '. :~% I '" ~@ !...._------- .' ., '" " .. -. .. n '.. " " " " " " " " " " . '" '. " " " " ., '" . " .. . .. .. " " " " .... " .. " '. " " .. '" " 1 I ,,,,-- ------------> I C G I ¡ / I \ ""'.-----.-"; I '..- C N f-- ~ , , i I i--- W e s t M id way Ro 0 d r-- C N C G R 8-3 U) o C r+ ::y c UJ I to ::y ::z: o '< --" BCC 02-003 V / / ¿:1 This pattern indicates subject parcel t':;,:,~':/~':;,,:,~': This pattern indicates City of Ft. Pierce '..I I -------- 11® I I I , 261 25, 24 l?J I , ' I , ~ ~~ ~® 11 ~'ú' Eas RS- SifrÁ~~~ ~ G,t~ '7f'~.-. v Map prepared March 25, 2002 I ThII~hailtIeowIcomøIe;: lorgenn~M1d~fIU'PO'OØ~ ~~_ -:-. ""*lWI"IaIb'I,...bMn....s.lo~h.....~n_ \ ~po.IbIe....naI~Iar.....~bildrGdOQmrL ...... ...,J Land Use William P. Clarizio ~:~::". _ , :". : - :".: . :'_, : - :" - : . :". : . :r', _ ':.-~ - : ':. : -,'. : ','. : '~" : . -' - : -:. : . .... _ ,il . .n _ .0 .. .on,. .H.. ...... :...',. " _, I, _, .... . _. . _, . ':,', : ,.r,: ",'.: "0'. :....: .... :-,'.:.. <::..... :"._.:n.:.:",: .:._....:...:.:.... I::. '.. '. .. .. _, : .... : ..:.: ..':':_: ~® .. .. .. __ .. _r _, -, : '-.: ".: '-.: '-r: "r: ".: pO I 1 I I I I 1 ~@ '--------- I ----------' , , . ':.~ ',,: ......:.. -',: ",",: ':-,: -....: -,-,.." ,,: "r: ,:.: -:.: ':.: .:.: ':.: .- - . . '. : .. '. : .:. : .:. : -:. : -........ .-'" ,.... ....- ..... ,.... ....- ':.::: <:: :,::: :,::~%:: :.::: :,::::, . " n _, .. .. .. .. .. " : .:-: .:.: .:.: ....: .:.: . -.: .' .:' - : . or. : -:. : .. ,r. : _ .:_ : ..:. . .. ,'. . . ., n .. - . .. ," ".- ".- (J) 0 C r-t- ::r- COM C (J) I lD ::r- :if 0 '< ......... I I I I 261 251 24 Iz3 1 I I I I I~-- ----..---~---.> , ,,- I , , ,/ \. ------- ~ ~~ ~® West Midwa Road ~ $ü' II 12 21 22 -2j----'24- COM RU I 112 I I ROM Bce 02-003 V / / ~ This pattern indicates subject parcel t'>.>:;--»,~':I This pattern indicates City of Ft. Pierce ~.£~~~~~ Map prepared March 25, 2002 ~ fhlamtClh8ll~~Ia'QIIII8nII~..-.j""""~frit Mile..., 1IIarI"- "-> mIde 10 pr<M:je Iht I'I'IOOII.......Md Ka.nle ~po..ibio..ilncxirUndlldtorUII.'~ÞI'Idi1IiIcIacu'nenl N ~ ...., William P. Clarizio 'J~ . , ., Bce 02-003 V / / ~ This pattern indicates subject parcel f>-:~/:':/:1 This pattern indicates City of Ft. Pierce 5Ø-.4~ ~~ GJ~] ..d~~--=- Map prapared March 25, 2002 fhIo"'"9ha~~b"Q8IW1IIpIan1f1gMCIrelnnclpur lQMlorlt N .,......fNW'i.rb1.....beerlmI4IIlcI~Ihe~CUTW1I....,.......... ~ØQMib/II.Miond~ 1o:.-.....~bIr1dhrò doc:u:nn. -.... ..., AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDAY, April 16, 2002 7:00 P.M. WILLIAM P. CLARIZIO, has petitioned St. Lucie County for a Waiver from Section 7.10.11(A} of the St. Lucie County Land Development Code to allow for the sale of alcoholic beverages as an accessory use to a restaurant, within 1,200 feet of a religious facility, school, public park, or public playground in the CG (Commercial, General) Zoning District for the following described property: Location: 4999 South U.S. Highway No.1. 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 pùblic hearing, notice of the same was sent to all adjacent property owners AprilS, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on April 5, 2002. .- < File No. BCC-02-003 ...... ..., April 5, 2002 COMMUNITY DEVELOPMENT DIRECTOR t r t BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that W/ LL/AM P. CLAR/ZIO, has petitioned St. Lucie County for a Waiver from Section 7,lO.11(A) of the St. Lucie County Land Development Code to allow for the sale of alcoholic beverages as an accessory use to a restaurant, within 1,200 feet of a religious facility, school, public park, or playground in the CG (Commercial, General) Zoning District for the following described property: Location: 4999 South U.S. Highway No.1. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The public hearing on the petition will be held at 7:00 P.M.., or as soon thereafter as possible, on Tuesday, April 16, 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 orT.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 561/462-1960 if you have any questions, and refer to: File Number BCC-02-003. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS '~~/7", ,~C)/bt~ ~~~ç~Jar~:¡:man .. - JOHN D. OI\UHN. District No 1 .. DOUG COWAf\D. DiSHier No. 7. to PAULA A. LEWIS, Disrricr No. J . Fr\ANNIE HUTCHINSON, Disrrier No. J1 . CUFF CARNES. Disrrict No_ 5 Counry Adminisrroror - Douglas M. Anderson 2JOO Virginia Avenue . Fart Pierce, FL J4952-5652 Administration: (561) 462·1590 . Planning: (561) 462-2822 . GISffechnical Services: (561) 462-155J Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 · Fax: (561) 462-21 J2 " . ..... '..- I . SUUClE COUNTY BOARD Of COMMISSIONERS 'PU8l1C HEAR1NG AGENDA April .16. '2002 .,.... TO WHOM IT MAY CONCERN: NonCE is hcrl..'by given ill occordunœ with Section 11.00.0J of tl,c SI. lu::ie (ûullly lurid Oevelopment Code and in aaordnllcr: with tllC prDvisions of Ihe SI. Lucie (ouI,ty Cornprehe¡ISive Plan, Ihul the fol!oW';n9 opplitunts ho''''~ "'~r¡,,('>I'-~d Ih...,:' t11f.' Sr. ll/,:i,' ('(Willy Ronfrl of CO""T"~ S¡()'''~I, CO"5,()()r II".!I' foll,~)wjl1') 'e'jIJC51, 1. BAKU!. PA TFl. fo' CI Chomp' '11 1.on;119 f,orll the A~ I IAgliCIJltlJlc:, ':l',id':'lJ¡inl 1 du/ocrc¡ Zarling District 10 the f<M-5 (~~,>j01~l1ti: I. MulliplcFrln\ily 5 du/ocrc) Ion ;119 [),sh,c! 'Of jh,: füllowing dCKribcd properly lOTS 1, 3, AND 9 or BLOCK I O~ MODEL LAND COMPANY'S SUBDIVISION lDC(1rion: SouthWt·~' COIner of the inter.ecliol\ of King> Highwuy ()rId Reseordl Center Rood 2. CHARLES D, V~lIE, for C) Change in ZOlling fronl thc AC·5 (Agrí<:uJlura! - i dIJ/5 ou,,» Zoning District 10 thc RF (Religious Facilities) Zoning Dislriçt for Ihe following desrrîbc<1 property BEG AT SW COR Of NW Ij. Of SW Ij. Of NW Ij4 OF SEC liON 12. TOWNSHIP 35 SOUTH, RANGE Ja EAST, RUN N IJ2 fEET. THENCE E 330 fEET, THENCE S . 1 J2 fEET. THENCE W J30 FEET TO POB - lESS RD AND DRAINAGE CANALS (0.84 AC) location: 180 North H~oder Canol Rood. 3. WilLIAM P. ClARIZIO, for 0 Waiver from'~¡on 7.10.11 (A) of the St.l~ie County tand Development C~e ; to allow for the 5cle of alcoholic beYer~es <:IS en ocees- sory use to '0 resfovr'Qnt, within 1,200 feet of 0 religious rocility. school. public paó;, _0( public plaY9l1)~nd in the CG (Comme«:ial, General) Zoning Dilfrict, for the follow- ing.~~,~i~.pro~. , SECTlor.ï 03, TOWHSIP 36 SOUTH. RANGE ~O,ÉAST, THA1.PART Of .SE 1/~ Of'SE 1/4 OF NW 1/4,. FROM SE CORNER OF NW 1/4 RUN NORTH 0"02'03" WEST 69,62 fEET, THENCE NORTH 89"23'02" WEST 70 fEET TO THE POINT Of BEGINNING. .THENCE CONTINUE NORTH 89"23'02" WEST 22SN fEET. THENCE NORTH ·0·36':ia" EAST I BO FEET, THENC ' SOUTH B9"23'02- EAST' 226 FEET, THENCE SOUTH U"02'03" EAST IS0.0 1 fEET TO THE POINT OF·8EGINNING (0.9~ ACRES) (MAP 3~j03NJ (OR 1236,2208) (TA'" 1.0. No. 3403·244,0000,0 I Oj9) location: 4999 South U.S.-Highwoy No. I. 4. PNv\ElAPERKINS, to Define 0 Class "A- M,obile Home os c_ Oetad\ed Single-Family Dwelling Unit in,lhe AG·5 (Agricultu(ol - 'du/Sacreli} Zoning District for the follow. ing described property: THE NORTH 200 FEET Of THE SOUTH ·630 fEET OF THE WE~T ONE· HALf OF SECTION 34. TOWNSHIP 36 SOUTH, RANGE 38 EAST, lESS THE WEST 100 FEET THEREOF. ST.LUCIE COUNTY, fLORIDA location: 9346 Carlton Rood. ·r· , "WI s.. õC~·.¿;ÅSi~; 10, ~~ a ~ 2-month extension ,of on :,:.øpproYed.~UQ,~ .Unit O~lopment) for the follow~ ,.in9~~pr~~·.:;'·¡'····,··, . - .';.' .-. "- ~ .:...- ,,~.. -.; . :..;-. -' . À·iŒPLATOF GLOUCESTER TOWN. PlA T NO. ONE AS RECOROI:D IN PLAT 800K 35, AT PAGES 20 & 20A Of THE PU8l1C RECORDS Of ST. LUCIE flORIDA BEING MORE PARTlCUlARt v DESCRIBED AS fOLLOWS; BEGINNING AT THE INTERSECTION OF HIE tAST RIGHT-Of.WAY UN( OF STAll: ROAD ¡\-I·A (A 100 FOOT RIGHT·OF_WAY] AND TIlE SOUIH LINE or: flf[ NORTH 3,000 FEET OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 41 fAST. ST UJC' C')'r~.JfY IÎ(.\PI DA RUN NORTH 2'2'-'-10'J1" WF')I, !,Üìr-J(", Tile b\ST RIGHT.Of_WAY or STAll: lo.'üAD 1\.1.;\..\ o ~;rANCI: OF 46300 FEET TO A POINf; 1HUKr RIIN r--lO~?n-¡ , 6rI9'29" FAST A DISTANCE or )~)'~'J (Err 1'0 ^~' POINr· THENCE RUN SOUTH 22'40'J] lAsr ^ DIS ' rANCI:' Of 25.00 FEET TO A POINT; T~,tNCE RUN NORTH 67°19'29" WEST A DISTANCE O,c ¡D,Oa FEET TO A POINT;THENCE RUN NORTH 22"'.40'31- WEST A DISTANCE OF 80.00 FEET fO A POiNT; THENCE RUN NORTH 6r19'29'" WEST A DISTANCE OF 90.00 FEET 10 A POINT- THENCE RUN SOUfH 22'40'31" A DiS. TANCE OF 30_00 FEET TO A POiNT, lHENCE RUN NORTH 67°19'29" EAST A DISTANCE or 71.12 FEET TO A POINT; THENCE RUN SOUTH 2~'L8·24'· EASr A DISTANCE OF 10.51 fEET TO A POJNT, THENCE RUN NORTH 650031'36" EAST A DISTANCE OF ?45.49 FEET TO A POINT ON THE MEAN HIGH WATER LINE Of THE ATlANTIC OCEAN; (THE NEXT B COURSES RUN ALONG SAID MEAN HIGH WATER lINEI THENCE RUN SOUTH 23"56'20- EAST A DISTANCE Of 23.30 fEET TO A POINT; THENCE RUN SOUTH 23°4S'3a" EAST A DISTANCE Of 87.92 fEET TO A FOINT; THENCE RUN SOUTH 25"~6'19" EAST A DISTANCE OF as.S2 fEET TO A POINT· THENCE RUN SOUTH 24°41'45" EAST A DISTANCE OF 17S.9O fEET TO A POINT; THENCE RUN ·SOUTH .24"WOS" EAST A .DIST ANCE Of aB.7 4 fEET 'TO·A PQlrÙ¡tHENCE RUN SOUTH 2S"52'OS" EAST A :DISTiNc'E Of 92.96 fEEr'W A POINT; THENCE RUN :SOUTH 24~5S'~3·" EAST A DISTANCE 'Of 92.14 fEET TO·A POINT, THENCE RUN SOUTH 2S"41~08" EAST A . DISTANCE Of 29;6~.FEETTO A POINT OF INTERSEC- . ·,fIOt-j WITH SAID MEAN HIGH W.!.TER LINE AND THE '$DUTH·lI~E9F. THE.NORTH3.000 fEET Of SECTION .3i TOWNSHlr.a5SOUTH. RANGE. 1 EAST. ST. LUCIE COUNTY. flOR!D~ YHENCE RUN SOUTH S9"~S'26" 'wEST. AlONG SAID $DUTH liNE OF THE NORTH . 3 000 FEET" DISTANCE Of 506.48 FEET TO THE EAST ,.RÍGI:tTÄF,WAYlINE Of ST..,TE ROAD A-l"A AND THE POINT OF BEGIf>lNINq. .. ·,PARCEl CONTAINS 6.0~ ACRES. " -- . . "l~atfon: 4900' OCean' Drive. (Easl Side of South A-1-A, approximalely . 3 miles soUth of the 51. Lucie County N~I~ J~òwet' Plant) .. . PUBLIC HWtNGS will· be held In Commission Chambers. Rogel" poitrcis~ne~ 3rd Floor, Sf. Lucie County Adminis~1 frafion ~ilding. 2300 Vrrginic Avenue, Fort Pierce, Florida on April 16, 2002. beginning at 7:00 P.M. or os soon fhereoftef" as possJb,le. PURSUANT.r0Sedion-28_6.0105, Florido Statutes, if a person gecid~ 10- appeal any.decision mode by a boo¡'d~ agency. 0( commi.uion witO respect'fo eny matter eonsid. ~ed ata meeting or hearing, he will need c record of fhe . praceeding~ _and Ihot, fOl" suc:h purposes, he may need 10 ensvre_fhct (L~tjm_record of the proceedings is mode, which recordinclvdes the testimony and evidence upon ¡ which the appeal is fobe based. I . '. I BOARD Of COMMISSIONERS SI. LUCIE COUNTY. fLORIDA IS/ Doug Coward, CHAIRMAN . PUBLISH DATE, Ap'iI 5, 2002 2395880 ,. . [ I f c~ ~ . ~ .~. " ~ ......,...;.,:.: .... ..J , ( Section 7.10.00 Supplemental Standards 7.10.11 DISTANCE REQUIREMENTS FOR ALCOHOLIC BEVERAGES A. DISTANCE RESTRICTIONS FOR PERSONS SELLING OR TRANSFERRING 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 sale 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). B. MEASUREMENT The manner of measurement of the distance referred to in Section 7.10.11 (A) above shall be as follows: Begin at the main entrance of the church or school building or a public park or playground, regardless of which zoning they are in, thence run to the centerline of the street right-of-way in front of such entrance, thence along the centerline of such street right-of-way to a point immediately opposite the main entrance of the proposed licensed premises, thence to the center of the main entrance of the building of the proposed licensed premises. If there is more than one public entrance to an establishment, the main entrance shall be construed to mean the principal or leading entrance to the premises involved and to which the traffic route, whether vehicular or pedestrian, of those going to and from said premises chiefly directs itself. However, in no case shall the distance between a licensed establishment and a religious facility, school, public park, or public playground be less than one thousand feet (1,000) measured by a straight line between the nearest comers of the establishment and a religious facility building, or in the case of a school, public park, or public playground, measured by a straight line between the licensed establishment and the park, playground, school building, or school playground area. C. WAIVER PROVISION FOR BUSINESS SELLING OR TRANSFERRING ALCOHOLIC BEVERAGES AS AN ACCESSORY TO AN EATING PLACE Any person whose location or place of business does not meet the distance restrictions in Section 7.10.11 (A) and who is proposing to sell or transfer alcoholic beverages for on-premises consumption as an accessory to an eating place may have this distance waived in the following manner: 1. A request for waiver may be initiated by filing an application in writing for such waiver with the Community Development Director. e 2. The Community Development Director shall schedule a public hearing before the Board of County Commissioners in accordance with the requirements of Section 11.00.00 of this Code. Adopted August 1. 1990 529 Revised Through 08101/00 ....... ....,J Section 7.10,00 Supplemental Standards (-' 3_ An applicant operating a drinking place accessory to an eating place for which such waiver is sought must. a_ Dispense sales of beer, wine or liquor only to persons patronizing the establishment for the main purpose of ordering and consuming food. b. Have permanent kitchen facilities located within the premises in which meals are regularly prepared for service to patrons of the establishment. 4. A waiver of distance requirements under this section shall be granted only in the event it does not adversely affect community health, safety or general welfare and in connection therewith there shall be considered the following: a. 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 park or public playground. b. The type and size of the establishment, including bar floor space and seating capacity, capable of seating not fewer than thirty-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. (" c. Whether adequate parking and landscaping for the facility is provided so as to meet the requirements set forth in Sections 7.06.00 and 7.09.00 of this Code. d. Whether the facility is physically separated or sufficiently well buffered from all adjacent residentially zoned areas; schools, churches, public parks and public playgrounds. e. Whether, if the facility is located with sixteen hundred (1,600) of a church, school, public park or public playground, it will generate traffic which may adversely affect the safety of persons attending or using such church, school, public park or public playground. < 5. Before any action is taken upon any application as provided in this section, the applicant shall deposit with the Community Development Director, the sum of three hundred dollars ($300.00) to cover the approximate cost of the procedure and such sum is not refundable in any event. D. EXCEPTION Provided, however, the distance restrictions set out in sections A, B, C shall not apply to licenses when located within a hotel or motel of one hundred (100) rooms or more with restaurants with a minimum seating capacity of two hundred (200) containing a minimum of four thousand (4,000) square feet. ~. ....'" ....~.: Adopted August 1, 1990 530 Revised Through 08101/00 00\0\0\ ONt-oo g~g~ M~NO 00 1.1'1 00 1.1'1 ~l!' ¡. ~1' ~ilg¡' g' j~ ~ 8 ('I') f""1\Ot-r- II") N~ O~N..oN~ooN<"')cAV) ~u~nJ~~~~ I i I ; ....", , ....¡,....¡ ....¡ ....¡,....¡....¡....¡ >--....¡....¡....¡....¡....¡....¡ ....¡,....¡'....¡....¡....¡....¡....¡....¡....¡ I.L.¡I.L. I.L.'I.L. I.L. I.L. I.L. Z I.L. I.L. I.L.I.L.:I.L. I.L. I.L.;I.L. I.L. I.L. u.. I.L. u.. u.. u.. '" .~ ~ .c '" .ò å';:;::: ._ '" 1:: U!i~& '" .c "0 ~ ~, æ ~ ¡Q, u ~ e' ~ 0' ~ ....¡ ¡Q,>. ",.c ·ü 0 ;:I ¡Q '" ....¡ ¡:: ~ ¡¡ V5 .;. ¿: ~ 1:::Ë1::~ o 0' "" Q.. 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'~'~I~.! : \ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: '-" ,..." Agenda Request SD 04/16/02 Item Number Date: Consent Regular Public Hearing leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] ~... Board of County Commissioners ~>'0. \ P(\ented By ,,~ ",,, í\ Community Development \~ \ 1J . \ nay Development Director Request to Define a Class "A" Mobile Home as a Det~~ Single-Family Dwelling Unit for 5.28 acres of land located at Carlton Road, in the ~(~~ricultural - 1 duf5 acres) Zoning District - Draft Resolution 02-038. Petition of Pamela Perkins to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural- 1 du/5 acres) Zoning District. (File No.: MH-02-001) NfA None Approve Draft Resolution 02-038, to define a Class "A" Mobile Home as a Detached Single- Family Dwelling Unit for property located at Cariton Road in the AG-5 (Agricultural - 1 duf5 acres) Zoning District. < COMMISSION ACTION: UCJ APPROVED 0 DENIED D OTHER 5-0 County Attorney Originating Dept.: Finance: Coordinatlonl Signatures Mgt. & Budget: Other: Purchasing: Other: '--' ...., Commission Review: April 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: April 10, 2002 SUBJECT: Petition ot Pamela Perkins, to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural - 1 du/5 acres) Zoning District. LOCATION: 9346 Carlton Road ZONING DISTRICT: AG-5 (Agricultural - 1 du/5 acres) FUTURE LAND USE: AG-5 (Agricultural - 5) PARCEL SIZE: 5.28 acres SURROUNDING ZONING: AG-5 (Agricultural- 1 du/5 acres) Zoning District is located. to the north, south, east, and west. SURROUNDING LAND USES: The existing uses are residential and agricultural. FIREIEMS PROTECTION: Station #11 (Shinn Road), is located approximately 14.5 miles to the north ofthe subject property. UTILITY SERVICE: Water and sewer service is provided by an on-site well and septic system. TRANSPORTATION IMPACTS: RIGHT-OF-WAY ADEQUACY: Carlton Road is a right-at-way 100 teet in width. 0' < SCHEDULED IMPROVEMENTS: None at this time. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate ot Capacity "" -.I April 1 0, 2002 Page 2 Subject: Pamela Perkins File No,: RZ-02-002 COMMENTS The petitioner, Pamela Perkins, is requesting authorization to install a 1997 model 28 foot by 60 foot mobile home meeting the definition of a Class "A" Mobile Home as set forth in Section 2.00.00 of the St. Lucie County Land Development Code. The applicant proposes to place the Class "An Mobile Home on 5.28 acres of land located at 9346 Carlton Road in an area of residential and agricultural uses. County staff has reviewed the application and determined the proposed mobile home complies with the objective standards of review as forth in Section 11.05.02(D) of the County Land Development Code, which allows the county to define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit. Section 11.05.02(D) stipulates that mobile homes proposed to be defined as detached single-family dwelling units must be similar in texture, color, and appearance of single-family dwellings in the same zoning district in which it is to be located. Staff has reviewed the proposed mobile home and its specifications and has verified that these standards have been met (see attached photographs). Staff recommends approval of Draft Resolution 02-038. Please contact this office if you have any questions on this matter. SUBMITIED: hf cc: Pamela Perkins 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 45 46 ~ ..., RESOLUTION 02-038 FILE NO.: MH-D2-D01 A RESOLUTION DEFINING A CLASS "A' MOBILE HOME AS A SINGLE- FAMILY DETACHED DWELLING UNIT IN THE AG-5 (AGRICULTURAL - 1 DU/5 ACRES) ZONIG DISTRICT 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. Pamela Perkins presented a petition to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural - 1 du/5 acres) Zoning District for the property described below. 2. On April 16, 2002, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property. 3. The Class "A" Mobile Home determination is consistent with all elements of the St. Lucie County Comprehensive Plan and has satisfied the standards of review set forth in Section 11.05.02(D) of the St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The St. Lucie County Board of County Commissioners has determined that the request of Pamela Perkins to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit to be located on that property described as follows: THE WEST 1,277.45 FEET OF THE SOUTH 150 FEET OF THE NORTH 200 FEET OF THE SOUTH 630 FEET OF THE WEST ONE-HALF OF SECTION 34, TOWNSHIP 36 SOUTH, RANGE 38 EAST, LESS THE WEST 100 FEET THEREOF AND LESS THE SOUTH 30 FEET, ST. LUCIE COUNTY, FLORIDA, AND THE WEST 1,277.45 FEET OF THE SOUTH 30 FEET OF THE NORTH 200 FEET. (Location: 9346 Carlton Road) is consistent with the requirements of Section 11.05.02(D) of the St. Lucie County Land Development Code, and is hereby approved. , < B. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Director. FileNo.:MH-02-001 April 16,2002 Resolution 02-038 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 '"' After motion and second, the vote on this resolution was as follows: Chairman Doug Coward Vice-Chairman Cliff Barnes Commissioner Paula A. Lewis Commissioner Frannie Hutchinson Commissioner John D. Bruhn PASSED AND DULY ADOPTED This 16th Day of April 2002. ..." .iì; ;; xxx xxx xxx xxx xxx BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney hf H:\WORD\RESOLUTION\FIN ISHED.02\PerkinsMH\PerkinsRES.doc FileNo.:MH-02-001 April 16.2002 " Resolution 02-038 Page 2 "'" ..., ....~ (f) c .,.- ~ 0 I...... 0 Q) I 0.... N 0 " aj Q) :r: 0 E ~ \ t , aj 0.... , ,j #.~ '0:# ~:.' ~. ... 'i;~ \{ ~. I! z f ¡; 0 N W Ñ ~ ;: U .. . .. u ! ï . I ~ . , 0 .. .. ~ . '" w w ... ... ... ... '" ~ z ::> ~ 0 (.) z ::> 0 owov 3M' ÐmI (.) a: w I I > ~ ã: z w ~ ~ ¡::: ='I a I a: ~ I .... IJDNS ~ '" Z ~ .... -- ë5 ~ ~ w .. ... ~ fi IE S '" 1 S ~ 1 AlNn08 3380H833>10 Zonin Pamela Perkins ~. c o +--' L o U -. . M H 02-001 0_ ./ . ß..-~ ~ AW·h~í"-""'» ~~ Map prepared April 2, 2002 ~ This pattern indicates subject parcel TtQmtrphlat»M1oomp 11dIa'Q8IWIII~..-d..rwenc:.~~. N .......~dcrlt.s~......~~h~Q.n'tI1I..-.d~ ~poI&ibIo".nalilla'ldedIlor~...teg.lybinr:*'og~ Land Use Pamela Perkins " "D o o ex:: c o -+-' I- o U .. , M H 02-001 t j TN, IMP hu ~ comøIId for Qr*'II~ rd -..-- ~ orotw N'I ....... -v.nc.t'- t..IlI'4dIo k:t proroIck lie fI'IOIItCUl'WtW1d WXJnIe InIarmtckII'1 poIIIJIe.'. noclrhndecllarUIØ ...lIgaIIybrdlng cIoCI.In'\n.. 5}¡r4~.,..,.~.,.···., ,~ ~ ~, 7f.~ ~ This pattern indicates subject parcel Map prepared April 2, 2002 "'" ....., A Petition of Pamela Perkins to Define a Class "A" Mobile Home as a Detached Single-~i Family Dwelling Unit in the AG-5 (Agricultural, 1 uniVS acres) Zoning District. "D o o 0:::: c o -+-' L o U .' M H 02-001 t j TIåI!-.p '- œ.. ~ Iorgen8l1ll¡;Wri'lg WId...r..no. JUPOI'M ot'Pt, wt-.I~eIforIhIa~mldlloprv.6de"'II'IOItCUlWt.MCI~ N Ir\fofT1-.tIon ~.'''notlrUnded b~ .....,..,bindIng œam.t. 5iF4~~~ C¡,liì ~ ~ ~ This pattern indicates subject parcel Map prepared April 2, 2002 " . ........ Pamela Perkins ~ ~. ~, M H 02-001 ~ This pattern indicates subject parcel 5ìF/~~~ GJ§¡ 7f~, Map prepared April 2, 2002 ThiII"'*Ø""beenc:ompledb~pIItri'¡glnd~~o:ny. N ..,.. --reflortt.. ~ m.jo Ig PRMdeflllmaltCU!WIIIIII'Id acø.nIe inbmdDn pouIM. III naI t-!tIInóeId Itt... _ . IIIo-IY I:*dng doamM. ...... .." AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDA Y, April 16, 2002 7:00 P.M. PAMEIA PERKINS, has petitioned St. Lucie County to Define a Class "A" Mobile Home as a Detached Single-Family Dwelling Unit in the AG-5 (Agricultural- 1 du/5acres) Zoning District for the following described property: " Location: 9346 Carlton 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 adjacent property owners April 5, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on April 5, 2002. , File No. MH-02-001 ~ 'WI April 5, 2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that PAMELA PERKINS has petitioned St. Lucie County to Define a Class "A" Mobile Home as a Detached Single- Family Dwelling Unit in the AG-5 (Agricultural - Idu/5acres) Zoning District for the following described property: Location: 9346 Carlton Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Tuesday, April 16, 2002, County Commissioner's Chambers, St. Lucie County Administration BuildingAnnex, 2300 Virginio. 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 MH-02-001. .' -' .."t' ~..: Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS <··-7;ø-t..C¡ ¿;f2</e~/" <l9Z"61 L----'" _ - / Doug CovV"ard, Chairman' JOHN D_ ßRUHN. Dlsrncr No.1. DOUG COWA/1,D, Disrrier No.2· PAULA A. LEWIS. Disrricr No. J . FRANNIE HUTCHINSON, Disrricr No.4. CUFF ßAn.NES. Disrrier No.5 Counry Administraror . Douglas M. Anderson 2JOO Virginia Avenue . Fort Pierce, FL J4982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical Services (561) 462-155J Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fax: (561) 462-21 J2 ". ~".: ~~~ ". "" I ST. LUCIE COUNTY BOARD OF COMMISSIONERS 'PUBlIC HEARING AGENDA Ap"116,2002 TO WHOM IT MAY CONCERN· NOTICt is -hereby given in uccordunce with Section 11.00.03 of the 51. Lucie County land Development Code and if) accordallce with the provisions of the St. Lucie COllflty Comprehensive Plan, thaI the Following appl,con1s ho~'e requested but ~Ile S!. Lucie County "ocrd of COl1Jlnis sinnen consider their following rellllf!sts· ]. BAKUl PATEL, fur a Change ill Zonillg from the AR-1 (Agricultural, Resider,¡¡ut - 1 du/ocre Zoning District lu the RM-S [ResidenloaJ, Multiple-Family - 5 du/acre ZOrl ing District for the following described properly: lOTS I 8 AND 9 OF BLOCK I Of MODEl lAND COMPA'NY'S SUBDIVISION Locution: Southwest Corner of the in1ersectiol1 of Kings 11ighway and Research Center Road, 2. CHARLES D. VELIE, for 0 Change În Zoning from the AG~5 {Agricultural - I du/5 acres! Zoning Disfrid to the RF (Religious Facilities) Zoning District for 'he following described property: BEG AT SW COR OF NW 1/4 OF SW 1/4 Of NW 1/4 OF SECTION 12. TOWNSHIP 35 SOUTH. RANGE 38 EAST, RUN N 132 FEET. THENCE E 330 FEET, THENCE S 132 FEET, THENCE W 330 FEET TO POB - LESS RD AND DRAINAGE CANALS {0.84 AC) location: I BO North Header Conal Road. 3. WILLIAM P. CLARtZIO, For Q Waiver from - Section 7.1 O.llIA) of the St'-Lucie Couoty Laod Development Code to allow for tne sole of alcoholic beverages as an acces- sory use to a restaurant, within 1,200 feet of 0 religious facility, school, public park, ,or public ploy~ound in the CG (Commercial; General) Zoning District_ for the follow. iAg .~~_cri":dproperty:; I . SECTION 03, TOWHSIP 36 SOUTH. RAÑGE 4'0 ,EAST, THA'(.PART OF .SE 1/4 OF SE 1/4 OF NW 1/4, FROM SE CORNER OF NW 1/4 RUN NORTH 0''02''03" WEST 69.62 FEET. THENCE NORTH 89'23''02" WEST 70 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH 89'23''02''WEST 228.04 FEET, THENCE NORTH I 0°36'38" EAST 180 FEET. THENCE SOUTH B9'23'02" I EAS, 226 FEET. THENCE SOUTH 0'02'03" EAST 180.01 "; FEET TO THE POINT OF. BEGINNING (0.94 ACRES) (MAP 34/'03N) (OR 1236,2208) (TAX I.D. No. 3403-244·00'0'0·01 D/9) . Locatio,n: 4999 South U.S_-Highway No. l. 4, PAMElA PERKINS, to Oefine a Closs "At< Mobile Home os 0_ -Detached Single·Family Dwelling Unit in the AG·5 (Agricultural - Idu/5acres) Zoning District for the follow~ ing described property: THE NORTH 2'OOFEET OF THE SOUTH 63'0 FEET OF THE WEST ONE-HALF OF SECTION 34, TOWNSHIP 36 SOUTH, RANGE 38 EAST. LESS THE WEST 1 '00 .fEET THEREOF, Sf. LUCIE COUNTY, FLORIDA. location; 9346 Carlton Road. ..., r 5, .oCEAN OASIS,- to_ approve a '2-month extension of on ;~pproved,~.µO:jP,ónned Unit Development) for the: follow- _iog q.esçribed prqperly: " -:=, . AREPlAT OF GLOUCESTER TOWN, PLAT NO. ONE AS RECORDED IN PLAT BOOK 35, AT PAGES 20 & 20A OF THE PUBLIC RECORDS OF ST. LUCIE FLORIDA BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; BEGINNING AT THE INTERSECTION OF THE EAST RIGHT,Of·WAY LINE OF STATE ROAD A-I-A (A lOa rOOT RIGHT·Or-WAY) ANt) THE SOUTH liNE OF THE NORTH 3,000 fEET OF SECTION 3'2, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. wc!::: C.OUNTY, I:IORI- DA RUN NORTH 22°40'31'. WEST, ALONG THt EAST RIGHT-OF-WAY OF STATE ROAD A-l.A, A DISiANCE OF 463.00 fEET TO A POINT; lHENCE RUN NORtH 67°19'29" EAST A DISTANCE OF 2500 FEET TO ^ POINT; TIIENCE RUN SOUIH 22"40'31" EAST A DiS- TANCE Of 25.00 FEET TO A "OINT; THENCE RUN NORTH 67°19'29" WEST A DISTANCE Of- 10_00 FEET TO A POINT· THENCE RUN NORTH 22°40'31'" WEST A DISTANCE ÓF 800'0 FEET TO A POINT; THENC, RUN NORTH 6r19'29" WEST A DJ$TA,NCE OF 90.00 rEEf TO A POINT; THENCE RUN SOUTH 22'-'40'31" A D¡S· I TANCE OF 30.00 fEET TO ^ POINT; THENCE RUN i NORTH 67°19'29" EAST A DISTANCE OF 7l.12 FEET TO A POINT- THENCE RUN SOUTH ¿4"28'24" E^ST A DISTANCE OF 10.51 FEET TO A POINI; IHtNCE RUN NORTH 65°31'36"' EAST A DISTANCE OF 245,49 FEET TO A POINT ON THt= MEAN HIGH WATER LINE OF THE ATlANTIC OCEAN; [THE NEXT B COU~SES RUN ALONG SAID MEAN HIGH WATER IINEI THENCE RUN SOUTH 23'56'20" EAST A DISTANCE Of 23.3'0 FEET TO A POINT, THENCE RUN SOUTH 23°45'38" EAST A DISTANCE OF 87.92 FEET TO A POINT; THENCE RUN SOUTH 2S'46'19" EAST A DISTANCE OF 88.B2 FEET TO A POINT· THENCE RUN SOUTH 24'41'45" EAST A DISTANCE OF 175.9'0 FEET TO A POINT; THENCE RUN ·SOUTH 24~19'05" EAST A DISTANCE OF 88.74 FEET ·..TO~A.Po.INTiJHENCE RUN SOUTH 25'52'05" EAST A ,DISTANCE Of 92,96 FEET TO A POINT; THENCE RUN .SOUTH 24'S8'43". EAST A DISTANCE OF 92.14 FEET TOA POINT; THENCE RUN SOUTH 25'41'08" EAST A DISTANCE OF 29,(,4 FEET TO A POINT OF INTERSEC, ;ilON WITH SAID MEAN HIGH WATER LINE AND THE So.uTH·lINEOF.. THE NORTH 3.DOO FEET OF SECTION .32. TOWNSHIP. 35 SOUTH, RANGE 41 EAST. ST. LUCIE COUNTY. flORIDA: THENCE RUN SOUTH 89°4B'26" WEST. AlONG SAID SOUTH LINE OF THE NORTH ·3.'0'00 FEET A DISTANCE OF 5'06.48 FEET TO THE EAST ,RJGHT,OF~WAY LINE OF STATE ROAD A·I.A AND THE POINT Of BEGIINNING. PARCEL. CONTAINS 6.'04 ACRES. locoiion:.(900 Oceon Drive, (East Side of Soutt-! A-1 -A, approximately· 3 miles south of the SI. Lucie County Nuclear ~òwerPlan~ PUBUC HEARINGS will be held in Commission Chambers, Roger Poitras Annex, 3rd floor, Sf. Lucie County Adminis· fration Building, 2300 Virginia Avenue. Fort Pierce, Florida on April 16, 2002, beginning at 7:00 P.M. or C5 soon .'hereafter os possible~ PURSUANT-105ecfion- 286.0105, Florida StaMes, i~ 0 person ~i~s to' appeal any.decision mode by 0 board, agency. or commi.ssic;;m with respect to any matter consid- ered 01:0 meeting or hearing, he will need a record of tlte proceedings, and that, far such purposes, ne may need to ensure that Q verbotim record of the proceedings is mode, ' which record :inclLldes the testimony and evidence upon ¡. whid, the appeal is to be based BOARD OF COMMISSIONERS ST. LUCIE COUNTY, FLORIDA 15/ Doug Coward, CHAIRMAN . PUBLISH DATE, Apdl 5, 2002 2395880 f i I ¡ .. . . , tI} ~ (,, .. ... "" ~ 00. ¡:: o .. .... as 8 "" oS ¡:: >-< (,, :a c.. as "'" =.0 o ~ ø; . Q C:N ~Q 8 I c..= ..2~ ~ ~ ... ¡g ~ .. ~i: ....~ ~c.c 3..$ ª ~ o~ ilU "" .,.... 0 q Q ~ ,¡~ .....- ,. ¡:: .~ H~~ ::.... 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[ ] [ [ ] [ X ] Quasi-JD [ X ] To: Board of County Commissioners Submitted By: Community Development Director SUBJECT: Consider Draft Resolution 02-037 approving th request of Cha les Velie for a Rezoning of property located at 180 N. Header Canal Road (east side of North Header Canal Road, approximately 732 feet north of the intersection of Header Canal Road and Orange Avenue), from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facilities) Zoning District (File No. - RZ-02-û04) BACKGROUND: Petition of Charles Velie, for a Change in Zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District. The stated purpose of the rezoning is to allow for the expansion of an existing church. The existing use is considered to be a "grandfathered" nonconforming use as the subject property has reportedly been utilized as a religious facility since 1947. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 7 to 0, with two members absent (Mr. Hearn and Mr. Merritt), recommended approval of the rezoning from AG-5 (Agricultural - 1 du/5 acres) to RF (Religious Facility) at its March 21, 2002 meeting. RECOMMENDATION: Staff recommends approval of Draft Resolution 02-0 County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: " COMMISSION ACTION: rK:J APPROVED D DENIED o OTHER C;-o < Douglas M. Anderson County Administrator Purchasing: Other: '-' ~ COMMISSION REVIEW: April 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: April 9, 2002 SUBJECT: Petition of Charles Velie, for a Change in Zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District. (File No.: RZ-02-004) The applicant is petitioning to rezone 0.84 acres of land located at 180 N. Header Canal Road (east side of Header Canal Road, approximately 732 feet north of the intersection of Header Canal Road and Orange Avenue, from the AG-S (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District to allow the expansion of the Freewill Mission Church. The subject property contains an existing church and residential structure that was constructed in 1947. According to Section 3.01.03(C) AG-5 (Agricultural -5) zoning district uses, a religious facility is not permitted within the AG-5 zoning district. Therefore, the use of the subject property is considered to be a "grandfathered" nonconforming use. The applicant has indicated a desire to expand the sanctuary of the existing religious facility. In order to expand the facility, the property must be rezoned to an acceptable zoning district. According to the Land.· Development Code, religious facilities are allowed within the RF (Religious Facility) and I (Institutional) Zoning Districts. Staff recommended that the property be rezoned to the RF (Religious Facility) zoning district because the parcel size is too small to support institutional uses and the uses permitted within the Institutional Zoning District are inappropriate and inconsistent with the surrounding properties. According to Table 1.6 of the Future Land Use Element, Data and Analysis, the RF (Religious Facility) Zoning District is compatible with the AG-5 (Agricultural - 1 du/5 acres) Future Land Use Designation. The properties surrounding the subject land parcel are being used for agricultural uses. The permitted uses in the RF (Religious Facility) Zoning District are not expected to unduly impact the surrounding area, existing uses or public services. The property is currently utilized as a church. .' , This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the S1. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan. At the March 21, 2002, public hearing on this matter, the S1. Lucie County Planning and Zoning Commission, by a vote of 7 to 0, (with two members absent Mr. Matthes and Mr. Hearn) recommended approval of this petition as set forth in Draft Resolution 02-037. ~ 'WI Subject: Charfes Velie- Rezoning RZ-02-003 Apri/16, 2002 Page 2 Staff recommends the approval of this petition for a change in zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District as set forth in Draft Resolution 02-037. SUBMITTED: CPSI H:/rezoning/Velie/BCClbccmemo.fnl. cc: County Administrator County Attorney ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 '" ..., ~. RESOLUTION 02-037 FILE NO.: RZ-02-004 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-S (AGRICULTURAL - 1 DutS ACRES) ZONING DISTRICT TO THE RF (RELIGIOUS FACILITY) 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. Charles Velie, presented a petition for a change in zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District for the property described in Part A below. 2. On March 21, 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 the hereafter described request for a change in zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District for the property described in Part A below. 3. On April 16, 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 is consistent with the goals, objectives, and policies of the S1. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the S1. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. 6. The proposed change in zoning will not negatively impact any of the public facilities within the area. 7. Sufficient water and sewer is available within the general area to support any additional density for this site .- < NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: File No.: RZ..()2-Q04 April 16,2002 Resolution 02.()37 Page 1 1 A. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 B. 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 ~ ""'" The proposed change in the Zoning District Classification for that property described as follows: Begin at the southwest corner of the northwest Yo of the southwest Yo of the northwest Yo of Section 12, Township 35 South, Range 38 East, run north 132 feet, thence east 330 feet, thence south 132 feet, thence west 330 feet to the Point of Beginning - less the road and drainage canals (0.84 ac) Tax Id. No. 2212-232-0026-000/8 (Location: 180 N. Header Canal Road, east side of North Header Canal Road, approximately 732 feet north of the intersection of Header Canal Road and Orange Avenue) owned by Charles Velie, is hereby changed from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District. 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 Paula Lewis XXX Commissioner John Bruhn XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This 16th day of April 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY < Chairman File No.: RZ-Q2-Q04 April 16,2002 Resolution 02·037 Page 2 "-" 1 2 3 4 5 6 7 8 9 ATTEST: Deputy Clerk cs H:\Wp\RezoningWelie\BCC\resolution. wpd File No.: RZ-02-()()4 April 16, 2002 APPROVED AS TO FORM AND CORRECTNESS: County Attorney ....; .- , Resolution 02-037 Page 3 ... .. ... ... ... ... ~ a: Z :J 0 ~ u Z :J 0 mati 3Nll ]ON". U a: w > ä: ... z ... :oJ F :oJ a: a: OYOtl 0]JN'i .,.. MOl11ft';) 4: z a: ~ 4: ¡s .... -. ~ C +-' 0 0-- ())+-' . ---. eu 00 "- L- O~ ~ ... 0.... --..J ~ ~ ~ ... ... ~ ~ ... '" .....I ()) ~ ()) 0 > 0 I Cf) C\J Q) 0 L- eu N ...c 0: 0 ~z A (1 ~" ~ .~~ "l" ~ " Ç. II \ (. , S K 1 s Ç( 1 J.J.Nn08 3380H833)10 N g N !i I .. ~ : ... ... . " i o · o ¡ ~ · · . '"" .....I A Petition of Charles Velie, for a change in zoning from the AG-5 (Agricultural, 1 dLY5 acres) Zoning District to the I (Institutional) Zoning District (J) 0 <D 0 Z a:: - ui a c a " U 0 0 0 a:: " 0 0 (5 a:: 0 c a:: O...J U VJ W; (J .... z ( J > OJ 0 " .... 0 ü ( J I N.S.l.R.D,D. Canal No. 63 Orange Avenue .' < ~ This patern indicates subject parcel 5Ø" .;(~!f?~ ~~~~ i GI.~} . 4~ ~ Map prepared February 18, 2002 j Thill map hall been compiIøcI JoroenrnlpUJt\nirlg .-.d re4erenoe p..orposes orit WhiIIr --r.tlor1has t-1..... 10 P'o::Mde 1"4 I!\OIIICUf'I....ancI KCuralt .-.IormabonØQll&ibMt...no(in&endadIO:>,U$O.....Iøo¡¡~bino:ir>gdoosns'1l. "\ RZ 02-004 v ...I Land Use Charles Velie rn 0 1D ó AG-5 z a:: - vi 0 c 0 "0 U 0 0 0 a:: "0 0 0 0 a:: 0 c a:: 0-, u VJ W (/) z I ) ... > I ) 0 "0 ... 0 (::> I ) I N.S.L.R.D.D. Canal No. 63 Orange Avenue AG-5 .. . ~ This patern indicates subject parcel Sir~~~ ¡ RZ 02-004 Map prepared February 18, 2002 ThlI fßII J '-- be8r1 tor1lJied b"generalpIrnIng .-Id I'IIIefenœ purpaM$ rriJ 1\ 1_', ì. \\WIe~.lIorthas~madltoprovldelhe~C\.n1InIW>dIlÇQ,F8l. ! \ i1fDlTTllltlon ponIbIe... noIirl:encI8d IDrI.J8l! .... "'OAIfbinding doo::um8nl ~ ...., Zoning Charles Velie (J1 0 ill ò AG-5 z rY - u1 D C D "Q U D D a 0:: "Q a D Õ 0:: D c 0:: D....J U u1 W en Z Q) \... > Q) D "Q \... D 0 Q) :r: N.S.L.R.D.D. Conol No. 63 CN Orange Avenue AG-5 ~ ~ This patern indicates subject parcel C"'~ -".........-ú. A"IJ_~ t /Mr h~$-~"~_~~7'~ q¡~J '=- ¡ RZ 02-004 Map prepared February 18, 2002 ThiamaphlUlOeenavnpikldb'o--aIpIanníng...-.d~~fri¡ N 'M1;1e.......-ylJfforthubeenmlde\( prcMde1hllrnolt<Ur8l1lWld~ 1 ¡ inIomudóOnposllibie.t~not'nlendedloruaen.løg¡JIy~dc:Jcu'nIri. __ \.; '-' Charles Velie RZ 02-004 5IFL~~~ ! ql~ . ==--=-- f ~ This patern indicates subject parcel Map prepared February 18, 2002 nw.rnBlØhMbeencompiledforgerwalplalrl1ingend~~<rl1. N WhiIe~etfortn..~""'lQpraW;løtt'emollCUl"l'Glll:anc:lacturalO Í'1fOI1NtIOn poMibll!,lia nnlnended fnrUIIEI oM R Ioagdy bònding doarnent. "" U.i.,.;!r.;'~I{Ú.:Rt1~'...~ ··t"&f\l- " ,.~ i~ no'·' . :ilr1a~lJ i ¥' AGENDA ITEM 3: CHARLES D. VELIE - FILE NO. RZ-02-004 . - ~ ZJ~nnß r;~iliiL!¡;SS~d~ !{r¡JTIß'J t\'. Cyndi Snay, presenting Staff comments, stated that Agenda Item # 3 was the application of Charles Velie, for a Change in Zoning from the AG-5 (Agricultural - 1 du/acre) Zoning District to the RF (Religious, Facilities) Zoning District for property located at 180 North Header Canal Road. Since 1947, the property has been utilized as a church. At the time when the County underwent the adoption of the Comprehensive Plan and Rezoning, the subject property became a nonconforming use on record that was grandfathered in. At this point, the applicant submitted a building permit to enlarge the church and was advised they could not expand on an existing nonconforming use. The applicant was then referred to the Planning Department. At that time, they had requested Institutional Zoning, but Staff recommended that the property be rezoned to RF (Religious Facilities) to be more appropriate to the area. Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the Land Development Code and is not in conflict with the Comprehensive Plan. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval, which is more in keeping with the surrounding areas, eliminating the nonconforming use issue and would not impact future expansion of the church. Mr. Tom Velie stated that he is co-owner with Mr. Charles Velie and also the Pastor of the existing church. He continued that his father pastored that church in 1979 and he has been coo. pastoring since 1984. He stated that their current auditorium is 44x39 feet and they had hoped to add onto it to allow for a higher occupancy. Mr. Lounds asked how many acres or how large of an expansion are they looking at. Mr. Velie stated they anticipated doubling the size of the auditorium and then expand the size of the pulpit area to allow for extra seating in case needed. The current standard capacity is acceptable, but if they have a revival or a homecoming or holiday, it is packed to the walls. Mr. Lounds asked if they owned the entire parcel surrounding the church's area. Mr. Velie explained they only own a little more than 3/4 of an acre of the property. He continued that Bob Grant and Mr. Eplin own the land north of their property and they have signed statements that they have no problem with the rezoning. This has been a church since 1947; they have a tax-exempt status and recognition from the state and have been there the entire time. Mr. Kelly explained that only the crosshatched area on the maps belongs to the Velie's. Chairman Matthes opened the Public Hearing. Seeing no one, Chairman Matthes closed the Public Hearing. Mr. McCurdy stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Charles Velie, for a Change in Zoning from the AG-5 (Agricultural - 1 du/5 acres) Zoning District to the RF (Religious Facilities) Zoning District because that has been the use since the mid to late 40's. It seems to be a good use and the church seems to be prospering. .- < Motion seconded by Mr. Grande. P & Z Meeting March 21, 2002 Page 9 "" ..., 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. Mr. Lounds stated that the Velie's might want to research the history of the property to see if the Historical Society may be able to assist them in recognizing the fact that was a trading post at one point in time. <, ,,-.--:it<," ,~á".' :I . , 1 . :.: ,~~._...... ,,:. ,", : P & Z Meeting March 21, 2002 Page 10 ~ ....., AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDA Y, April 16, 2002 7:00 P.M. CHARLES D. VELIE, has petitioned St. Lucie County for a Change in Zoning from the AGo. 5 (Agricultural - 1 du/5acres) Zoning District to the RF (Religious Facilities) Zoning District for the following described property: Location: 180 North Header Canal 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 adjacent property owners April 5, 2002. Legal notice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on April 5, 2002. < File No. RZ-02-004 '-" ....., April 5, 2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that CHARLES D. VELIE has petitioned St. Lucie County for a Change in Zoning from the AG-5 (Agricultural - 1 du/5acres) Zoning District to the RF (Religious Facilities) Zoning District for the following described property: Location: 180 North Header Canal Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on April 16, 2002, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pkrce, 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 561/462-1960 if you have any questions, and refer to: File Number RZ-02-004.- Sincerely, _ ST. LUCIE COUNTY BY4. i RD OF COMMISSIONERS ~/C¡ CJw~J/! W ~~l'ard, Chairman ' / . . "'-'. .. JOHN D. ßRUHN, Disrricr No.1· DOUG COWAf\D, Disrrict No.2· PAULA A. LEWIS. Disrricr No.,') . FRANNIE HUTCHINSON. Disrrier No.4. CUFF OA8.NES, DISHier N;:: 5 Counry Adminisrraror - Douglas M. Anderson 2300 Virginia Avenue . Fon Pierce, FL 34982-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical Services: (561) 462-1553 Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fax: (561) 462-2132 \w ... I· ST:LUCIE COUNTY BOARD OF COMMISSIONERS . ·PUBlIC HEARING AGENDA April, .16. "2002 TO WHOM IT MAY CONCERN, NOTICE ishercby given ill accordance with Sedion 11.00.03 of the 51. Lucie Courily Lund D~\lc!opme lt Code and in nccordOl\cc with thc provisions of the 51. Lucie COUI1ty Comprehcllsive Phm. rllnt the following appJ.corltS hove ,-ryql1c,lcd III(1t 111(' Sr l( c;(~ County f'()(lrd of C0l11111;, sioners cOf)sidcl'heil followiny 'cqucsts I. BAKU! PATEl, fOf a Changc ¡Il Z0I1;"9 from 111(~ AR I (AgriculluraL Rc.ic:lentiol - I du/ocrcl Zoning District to the RM-':' {Rcsidcl1Iìal. Multiple.Family 5 du/ocrej Zon. ing Distrief fOf the following dc~cribed prarcr1y lors 1, 8, AND 9 OF BLOCK I OF MODEl LAND COMPANY'S SUBDIVISION location: Southwest Cor'nf'f of Ihe intersectÎon of K,ngs Highway and Research Cenler Rood 2. CHARLES D. VELIE, fOl u Chunge in loning from thû AG~5 (Agricul1urol - I du/5 acres) Zoning District 10 .he RF (Religious Focilitie.s) Zoning Dishict for the following describoo property BEG AT SW COR Of NW 1/4 OF Sw 1/4 OF NW 1/4 i OF SECTION 12. TOWNSHIP 35 SOUTH. RANGE 3B , EAST RUN N 132 FEET, THENCE E 330 FEET, THENCE S 132 fEET, THENCE W 330 fEEt TO POB - LESS RD AND DRAINAGE CANALS (0.a4 Aq location, 1 aD North Header Canol Road. 3.Wllll.AM. P. ClARIZIO, for 0 Woi~ fTOm' Section 7.10.11 (A] of the, St:l~¡e County land Development Code i to allow for the role of alcoholic bever~ os an occes- sory use to <-:restaurant, within 1,200 feet of a ..digious facility, school. public park,or public playground in the CG (Commeicia~ GeneroQ Zoning District, for the fallow. ing<~~a:t~Propert)':". . SECTION- 03. TOWHSIP 36S0UlH. RAÑGE 4Ò:ÙST; THAT.PARlOF .SE 1/4 OF·SE 1/4 OF NW1!k FROM SE CORNER OF' NW 1/4 RUN NORTH 0"02'03" WEST 69,62 FEET. THENCE NORTH 89"23'02" WESl70 FEET TO T!iE POINT OF BEGINNING, .THENCE CONTINUE NORTH 89°23'02" WEST 22B,04 FEET, ,THENCE NORTH ·0036'3B" EAST 180 FEET. THENq SOUTH B9°23'02" EASn26 FEET, THENCE SOUTHU002'03" EAST 180.01 ::"i FEET TO· THE POINT OF BEGINNING 10.94 ACRES) (MAP 34/03NI {OR 1236.22081 (TAX 1.D. No. 3403.244·0000.010/9) locatiçn: 4999 SouthU.S.'Highway No. 1. 4. PAMELA· PERKINS, 10 Define a Clms MAw M.oblle Home os· a, 'Detached Single-Family DweUiI19 Unit in, the AG·5 (Agricultural - 1 du/50cres) Zoning District for the: follow- ing described property: THE NORTH 200 FEET OF THE SOUTH 630 FEET OF THE WE~T· ONE·HALF OF SECTION 34, TOWNSHIP 36 SOUTH. RANGE 3a E...ST, lESS THE WEST lOO·FEET THEREOF, ST. LUCIE COUNTY. flORIDA location; 9346 Carlton Rood. .... """" r 5jx~ O~I~~~ò f2-~th eltten$ion of on ,~~p'\!!1.jP~ .UnII ~pment 10<.... lo1low. . ..ing d.èsçn1ied .prqperty:,.:=" ¡ ..'.....~.. . .' A·:~E,;J{ÔF GiOiJCÉSTER TOWN. PLAT NO, ONE AS . RECORDED IN PLAT BOOK 35. AT PAGES 20 & 20A OF THE PUBLIC RECORDS OF S1. LUCIE flORIDA BONG MORE PARTICULARLY DESCRIBED AS FOllOWS, " . " í BEGINNING AT THE INTERSEcrlON OF rHE FAST RIGHT-Of.WAY LINE Of STATE ROAD A·I·A (A 100 FOOT RIGHT-Of-WAY) AND THE SOUTH tiNE or IHE NORTH 3,000 fEU Or StClION 17. rOwNSHlr y¡ SOUTH, RANGe 41 EAST. Sf. tUC't· «()! I'HY. r!O~~1 DA RUN NORTH 22"40'31" wesr. AIJ)t·JC; nil: f/\Sf RIGHT-Of-WAY OF STATE ROAD A.I-A. A DISfANCE I OF 463.00 FEET TO A POINT; TlfEi..J([ RUN NOR!H 6r19'29" E:Asr A DISTANCF OF 25!)() FlU ro A POINT; THENCE RUN SOUTH 22"40'31" u,sr A DIS- TANCE OF 25.00 FEET fO A POINT; THENCE RUN NORTH 67°19'29" WEST A DISTANCE OF 1000 FEET TO A POINT; THENCE RUN NORTH 22û40'31" WEST A DISTANCE OF 80.00 FEET TO A POINT; THENCE RUN NORTH 67"19'29" WEST A DISTANCE or 90.00 FEU TO A POINT; THENCE RUN SOUTH 22"'40'Jj )-\ 01:; TANCE OF 30.00 FEET TO A POINT; THENCE RUN NORTH 67°19'29" EAST A DISTANCF OF 71.12 FEET TO A POINT; THENCE RUN SOUTH 24 '28'2~" EAST A DISTANCE OF 10.51 FEET TO A POINT; THENCE RUN NORTH 65°31'36" EAST A DISTANCE OF 245.49 FEET TO A POINT ON THE MEAN HIGH WATER liNt OF THE ATlANTIC OCEAN, (THE NEXT 8 COU'SES <UN ALONG SAID MEAN HIGH WATER LINE) THENCE RUN SOUTH 23°56'20" EAST A DISTANCE OF 23.30 FEET TO A POINT, THENCE RUN SOUTH 23°'5'38" EAST A DISTANCE OF 87,92 FEET TO A POINT, THENCE RUN SOUTH 25°46'19" EAST A DISTANCE OF 88.82 FEET TO A POINT, THENCE RUN SOUTH 24°41'4S·· EAST A DISTANCE OF 175.90 FEET TO A POINT, THENCE RUN ·SOUTH 24°19'05" EAST A DISTANCE OF 8B] 4 FEET ',rO-A,POU..ir..JHENCE RUN· SOUTH 2S052'05"' EAST A .QISTANCE OF, ,92.96 HEr TO " POINT; THENCE RUN SOurH 24~s8'4T, EAST A DISTANCE OF 92.14 FEET ··,10.A POINT; THENCE RUN SOUTH 25°41'08- EAST A . DISTANCE OF 29,64 FEET TO A POINT Of INTERSEC. ';TlO~ wi)"H SAID MEAN HIGH WATER LINE AND THE ,SOUTH· liNE QF,THE NORTH 3,O!>O FEET OF SECTION ,3i TOWNSHI~,35 .SOUTH. RAt<lGE41 EAST. ST. .lUCIE COUNTY. FLORID", THENCE RUN SQUTH 89"48'26" ,WEST. AlONG· SAID SOUTH LINE OF THE NORTH . ·.3,000 fEETÞ, DISTANCE OF 506.48 FEET TO THE EAST .;.f\JC<I:t.T,of,WAY.lINE OF STAff ROAD A-I~A AND THE POINT OF 8EGII>JNIN(è. . ··p'~RCEl. CONTAINS.6.04 ACRES. . :l~on:' '.(900' Oceon' Drive. (Eost Side of Sooth A-I-A. approximately' 3 milei soUth of the Sf. Lucie County . !"I~'~ ~Ower Plont) PUBLIC HEÂRINGS will be held in Commission Chambers, ROger Poitras~neJ(, 3rd floor, St..lucie County Adminis- tration·Building, 2300 YirginioAvenue, Fort Pierce, Florida on April 16, 2002, beginning 01 7:00 P.M. Of' as soon lhet-eafter os possible. PURSUAN·T. TO :Section 286.0105, Florida Statutes, if a ·penon. çfeçi~ t~ aPpeal ony _decision mode by a bQQnt agency. or ·tÒrnm(ssion .with respect· to any matter consid- .ered afo meeting or heo(ing, he will need a record of the proceedings. .and that, for lveh purposes. he may need to en$Url'.that o.~rbçlíim record of the pr-oceedings is made, ; which record includes the testimony and evidence upon i which the appeal is to be based. ~.; .. BOARD OF COMMISSIONERS 51. LUCIE COUNTY. flORIDA , /5/ Doug Coward, CHAIRMAN . PUBLISH DAre, Ap"l S. 2002 2395880 , -.. :'" ... ."::' . ~ \w t:, \.. ....,; PLANNING AND ZONING COMMISSION REVIEW: 3/21/02 File Number RZ-02-004 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager OC~ y DATE: March 14,2002 SUBJECT: Application of Charles VeUe, for a Change in Zoning from the AG-5 (Agricultural- 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District. LOCATION: 180 N. Header Canal Road (east side of North Header Canal Road, approximately 732 feet north of the intersection of Header Canal Road and Orange Avenue Extension) EXISTING ZONING: AG-5 (Agricultural- 1 du/5 acres) PROPOSED WNlNG: RF (Religious Facility) FUTURE LAND USE: AG-5 (Agricultural 5) PARCEL SIZE: .84 acres PROPOSED USE: The purpose of the requested change in zoning is to allow the continuance and expansion of the Freewill Mission Church. PERMITIED USES: Section 3.01.03(Y), RF (Religious Facility) identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the RF (Religious Facility) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "AA"). SURROUNDING ZONING: AG-5 (Agricultural - 1 du/5 acres) zoning district surrounds the petitioned property to the north, south, east and west. # ":--.... ...~..: .:: SURROUNDING LAND USES: The properties located to the north, south, east and west are designated with am AG-5 (Agricultural - 5) future land use designation. '-r ( ( ....., March 14, 2002 Page 2 Petition: Charles Velie File RZ-02-004 FIRE/EMS PROTECTION: Station # II, is located approximately 1 1/2 miles to the south. UTILITY SERVICE: On site wells will provide water service. On site sewer will be provided through a septic tank. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for North Header Canal Road is 53.5 feet. SCHEDULED IMPROVEMENTS: None TYPE OF CONCURRENCY DOCUMENT REQillRED: 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 applicant is requesting a change in zoning from the AG-5 (Agricultural- 1 du/5 acres) Zoning District to the RF (Religious Facility) Zoning District. The subject property currently contains a church (Freewill Mission Church) and a residential structure. The stated purpose of this change in zoning is to allow for the expansion of an existing church. The property is an existing nonconforming use (religious facility) and contains two nonconforming structures (single-family residence with a 16' 9" encroachment into the 20 foot side setback and the church with a 1'3" encroachment into the 20 foot side setback). The existing church facility was built on the subject property in 1947, and therefore considered a nonconforming grandfathered use. The applicant has indicated that they desire to enlarge the existing religious facility. According to Section 10.00.02(C) of the St. Lucie County Land Development Code nonconforming uses cannot be expanded. In order for the applicant to complete the renovations to the existing facility, a rezoning to eIther RF (Religious Facility) or I (Institutional) is required to be approved. .' ....... ..~. -=~ The subject property is located on the east side of North Header Canal Road, approximately 732 feet north of the intersection of North Header Canal Road and Orange A venue. The proposed lot is 36,355 square feet in size. As such, it is Staff s opinion that the site is too small to be designated with I (Institutional) zoning. The RF (Religious Facility) zoning designation is more appropriate to this site. As such, the Religious Facility zoning district will permit the continuance of the existing church as ~( C: """ March 14, 2002 Page 3 Petition: Charles Velie File RZ-02-004 well as the single-family residential structure and allow for the existing rural character to remain in this area. The approval of this zoning designation would bring the nonconforming use into compliance with the zoning code. As previously mentioned, the Religious Facility zoning district has been detennined to more compatible and consistent with the surrounding neighborhood quality and character. The Religious Facility zoning district will allow the existing church and residential unit to remain as a conforming use. 2. Whether the proposed amendment is consistent with all elements of the SL Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the AG-5 (Agricultural- 55) Future Land Use Designation. According to this table, the I (Institutional) and RF (Religious Facility) Zoning Districts are considered to be acceptable within the areas designated with a Future Land Use Classification of AG-5 (Agricultural- 5). Based upon the surrounding uses and rural character of the area, in conjunction, with the small size of the proposed lot (.84 acres), many of the pennitted and conditional uses allowed within the institutional zoning district are inconsistent and would negatively impact the surrounding area. Therefore, the I (Institutional) zoning district is considered to be not consistent with the Comprehensive Plan. A more appropriate zoning designation would be RF (Religious Facility). This zoning district is consistent with all elements of the St Lucie County Comprehensive Plan and would provide a more consistent development pattern in the area. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be inconsistent with existing and proposed future land use designations in the area. The surrounding properties to the north, south, east and west are all being utilized as citrus groves. Overall, the RF (Religious Facility) zoning district, if approved, would eliminate the nonconforming status of the existing religious facility and still be consistent with the rural character of the area. The uses pennitted within the RF (Religious Facility) zoning district are consistent within the area. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. In 1947, the Freewill Mission Church was constructed. In 1989, the County designated the subject property with a Future Land Use Designation of AG-5 (Agricultural- 5) and a zoning classification of AG-5 (Agricultural-l dlÚ5 acres). Under the pennitted uses found in the AG-5 Zoning Classification, a religious facility is not listed and therefore not pennitted. This results in a grandfathered nonconforming use status for the church. As previously mentioned, the St Lucie County Land Development Code does not allow expansions to existing nonconfonning uses. The applicant has indicated a desire to expand the existing church. During discussions with the applicant, Staff recommended that the property be rezoned to an appropriate zoning district. Staff is recommending that the property be rezoned to the}Œ (Religious Facility) Zoning District. .. ~:"- ," ..,..~ .: '-' (. ( ..., t March 14, 2002 Page 4 Petition: Charles Velie File RZ-02-004 S. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Since 1947, the subject property has been utilized as a church. At the time that the project was constructed, zoning and land use were not in effect. Upon the County undergoing the adoption of the Comprehensive Plan and Rezoning efforts in 1989, the subject property's use became nonconforming. The granting of a rezoning for the subject property will eliminate the nonconforming use status. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The existing use of the property is a 1,080 square foot single-family residential structure and a 2,628 square foot church. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for modifications to the site. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specificaUy identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The subject property is currently utilized as a church, which is a nonconforming use within the AG-5 (Agricultural - I du/5 acres) Zoning District. The rezoning of the property to the RF (Religious Facility) district will alleviate any nonconforming use issue. 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. The Land Development Code provides provisions for the elimination of nonconforming uses and structures. The rezoning of this property will eliminate the nonconforming use status. . ~.... 0'" ... .. . . ~ COMMENTS The petitioner, Charles Velie, has requested this change in zoning from the AG-5 (Agricultural-l.du/5acres) Zoning District to the RF (Religious Facility) Zoning District in order to continue and expand a nonconforming religious facility on a .84 acre parcel of land located at 180 N. Header Canal Road (east side of Header Canal '" ( ( ..." J March 14, 2002 Page 5 Petition: Charles Velie File RZ-02-004 Road, approximately 732 feel north of the intersection of Header Canal Road and Orange A venue Extension). The indicated purpose of this change in zoning is to allow for expansion of an existing nonconfonning use and structure. The subject property is in an area designated within the Comprehensive Plan as being compatible with the RF (Religious Facility) Zoning District. A review of the uses pennitted as use-by-right and conditional uses within the institutional zoning district indicates that this designation is appropriate due to the size of the subject parcel. The uses pennitted as use-by- right and conditional use pennit are more in keeping with the existing religious use. The single-family residential structure is pennitted as an accessory use to the primary religious facility. Attached is a copy of Section 3.01.03(Y) - RF (Religious Facilities) of the St. Lucie County Land Development Code, which delineates the pennitted, accessory and conditional uses allowed in the RF (Religious Facilities) Zoning District. If the change in zoning request is approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it fIrst receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it confonns to the Standards Of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval, which is more in keeping with the surrounding areas, eliminates the nonconforming use issue and would not impact future expansion of the church. Please contact this office if you have any questions on this matter. cs ce: Charles Velie F"ùe H:\wp\rezooing\ Velietfrpl wpd , ~ 0....' ......' .:...:. ~ c ( ""'" Section 3.01.03 Zoning District Use Regulations C AG-5 AGRICUL TURAL - 5 Purpose The purpose of this district is 10 provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of One dwelling unit per five (5) gross acres. 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 f. g. i h. i. j. k. j. a. Agricultural production - crops (011 b. Agricultural production - livestock & animal specialties (02) c. Agricultural services (01) d. Family day care homes. (999) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1.000) feet of another existing such family residential home and provided that the sponsoring agency or' Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) Fishing, hunting & trapping (09) Forestry (08) Kennels. (0152) Research Facilities, Noncommercial (8133) Riding stables. (1999) Single-family detached dwellings. (999) Telecommunication towers - subject to the standards of Section 7.10.23 (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 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. Agricultural labor housing. (999) b. Aircraft storage and equipment maintenance, (4sa,) Adopted August 1,1990 98 Revised Through 08101/00 ( ..... (:. <--' -..,¡I (, Section 3.01.03 Zoning District Use Regulations c, d, Airports and flying, landing, and take-off fields. ('561) Family residential homes located within a radius of one thousand (1,000) feet of another such family residentJal home. (999) Farm products warehousing and storage. (422114222) Gasoline service stations. (5541) Industrial wastewater disposal. (999) Manufacturing: (1) Agricultural chemicals (287) (2) Food & kindred products (20) (3) Lumber & wood products, except furniture (2') Mining and quarrying of nonmetallic minerals, except fuels (14) Retail trade: (1) Farm equipment and related accessories (999) (2) Apparel & accessory stores (56) Sewage disposal subject to the requirements of Section 7.10.13 (999) Camps - sporting and recreational (7032) Off-Road Vehicle Parks, except go-cart raceway operation or rentals (79991, subject to the requirements of Section 7,10.21 (999) Outdoor shooting ranges, providing site plan approval is obtained according to the provisions of Sections 11.02.07 through 11.02.09 and Section 7.10.19 of this Code. e. f. g. h, i. j. k. I. m. n. 8. Accessory Uses: ( Accessory uses are subject to the requirements of Section 8.00.00, and include the fallowing: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity. c. Guest house subject to the requirements of Section 7.10.04. (999) Adopted August 1, 1990 99 Revised Through 08/01/00 ( c .4...... ..~.~.! ( -.. c· (.. ....." Section 3.01.03 Zoning District Use Regulations / \. y, RF RELIGIOUS FACILITIES 1 . Purpose The purpose of this District is to provide and protect an environment suitable for the establishment and operation of churches, synagogues, temples, and similar uses. 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. Churches, synagogues, temples, and similar uses. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking 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. Day care facilities. associated and operated by the principal religious use located on that property. This would include the operation of a day care facility during the normal business week, as licensed by the State of Florida, as well as during any religious function or associated activity. (999) b. Educational services, associated with and operated by the principal religious use located on that property. This would include the operation of an educational facility providing general academic and/or special training from grades K to 12, and as licensed by the State of Florida. (999) c. Telecommunication towers - subject to the standards of Section 7.10.23 (999) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: .. '~~ ,......... a. Parking lots & parking areas, together with related circulation elements. b. Enclosed storage structures, c. Playgrounds and athletic fields (no artificial lights) provided that no activity area shall be permitted within twenty-five (25) feet of the perimeter of the property. Adopted August 1, 1990 134 Revised Through 08/01/00 Adopted August 1, 1990 "-' (: (1' ...., Section 3.01.03 Zoning District Use RegulaUons d. Private water and sewage utility services provided that they are for the sole use of the particular private development, are not intended to be a sub-regional system, and do not involve industrial wastewater as defined. Single family dwelling (defached or as part of the principal structure). (1) Private swimming pool accessory to the single family dwelling provided fhat the swimming pools shall be walled or fenced to prevent uncontrolled access to such swimming pool from the street or from adjacent properties. (2) Non-commercial garages accessory to the single family dwelling. e. 135 Revised Through 08101/00 ( ( "4 ",:... ...... ':,: March 8, 2002 <. ....,., ~~ ( BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that Charles D. Velie has petitioned St. Lucie County for a Change in Zoning from the AG-5 (Agricultural - 1 dLÚ5acres) Zoning District to the RF (Religious Facilities) Zoning District. Location: 180 N. Header Canal Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AII~ABLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on Thursday, March 21, 2002, County Commissioner's Chambers, St. Luck County Administration Building Annex, 2300 Vvginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission 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 Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he 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 orT.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 561/462-1960 if you have any questions, and refer to: File Number RZ-02-004. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION 15r~~/~ -. .":~ "'."2' JOHN D. On.UHN. Disuicr No.1· DOUG CQWAf\O. Disrrin NO.2· PAULA A, LEWIS, Oisrricr No J . FRANNIE HUTCHINSON. Disrricr NO.4. CUFF ßAf\NE5. Oisrricr No 5 (ounry Adminisrroror - Douglos M. AlidE'rso..... 2JOO Virginia Avenue . Forr Pierce. FL J49ð2-5652 Adm'nlsrroflon: (561) 462-1590 . Planning (561) 462-2822 . GISfTechnicol Services (561) 462-155J EconomiC Developmenr: (561) 462-1550 . Fox: (561) 462-1581 Tourisr/Convenrion (561) 462-1529 . 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'" I\) 8 '" ... - ;-. _ 0 o , u E ;::: = .....¡ Z ~ o êU ð~ u IZI ~Z '" ~ S ~ ... 8 ..c i3 8 g ætñ;::: õ .:: c:: .~ ð&ð~ ,- , '" o o o ~ I~ 8 IS:: .iI< =:: I!.~ I ~.L~ ~""';st.....",ooooo~ 08õ888888 000000000 -tr)--I.(')\O_V)V) 8õ888¡:J88¡:J 000000000 -N-NC"INM("f"}f""') r"1N("I")("f1MMM('f')M NNNNNNNN NNN~~~~~ NNNNNNNN N N ~_~~~L~~_:~.!~--! y '-" ...",j Agenda Request Item Number Date: SF' April 16, 2002 Consent Regular Public Hearing Leg, [ ] ] [ ] [ X ] Quasi-JD [ X ] SUBJECT: pment Director Consider Draft Resolution 02-036 approving th est of B ul Patel for a Rezoning of property located at the southwest corner of South Kin s Highway and Research Center Road, from the AR-1 (Agricultural, Residential - 1 u/acre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 dulacre) Zoning District (File No. - RZ-02-003) To: Submitted By: Board of County Commissioners Community Development Director BACKGROUND: Petition of Bakul Patel, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. The stated purpose of the rezoning is to allow for the construction of a multi-family development. South Kings Highway has been slated for widening of the road with the relocation of the existing canal to the west. As part of any development approval, the applicant will be required to dedicate to the county a minimum of 100 feet along the easternmost property line from the northern property line to the southern property line. In addition, an additional amount of canal dedication will be required to be dedicated to the County. FUNDS AVAilABLE: N/A PREVIOUS ACTION: The Planning and Zoning Commission, by a vote of 4 to 2, with two members absent (Mr. Hearn and Mr. Merritt) and one member abstaining (Mr. Matthes), recommended approval of the rezoning from AR-1 (Agricultural, Residential - 1 du/acre) to RM {Residential, Multiple-Family - 5 du/acres) at its March 21, 2002 meeting. RECOMMENDATION: Staff recommends approval of Draft Resolution 02-036. Coordination! Signatures County Attomey Originating Dept.: Finance: ~ ~MISSION ACTION: L-J APPROVED D DENIED [Ð OTHER 1st vote 2-3 denied 2nd vote 3-2 not approved " < Mgt. & Budget: Other: Purchasing: ' Other: "' '-' ....,¡ COMMISSION REVIEW: April 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: April 9, 2002 SUBJECT: Petition of Bakul Patel, for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. (File No.: RZ-02-003) The applicant is proposing to rezone a 25-acre tract of land located on the southwest corner of the intersection of South Kings Highway and Research Center Road, from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family- 5 du/acre) Zoning District to allow for the construction of a multiple-family development. To date, the County has not received any specific development plans for this property. The area in which the subject parcel is located has AR-1 (Agricultural, Residential - 1 du/acre) zoning to the north, south and west and IL (Industrial Light) and RS-2 (Residential, Single- Family - 2 du/acre) zoning to the east. According to Table 1.6 of the Future Land Use Element, Data and Analysis, the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District is compatible with the RU (Residential Urban) Future Land Use Designation. The properties surrounding the subject land parcel are primarily used for agricultural (north and west) and ccommercial/light industrial uses (to the south and southeast). The proposed change in zoning not expected to create significant additional demands on any public facilities in this area. The existing land use and zoning designations would permit the property to be developed as a 25 lot residential subdivision, providing for approximately 250 (25 x 10 trips per day) vehicular trips per day being placed on the areas roadways. In the worst case development scenario for this property, the requested change in zoning on this property would result in a total density of 125 multifamily residential units, equating to approximately 875 (125 x 7 trips per day) vehicular trips per day being placed on the areas roadways. Given the existing level of service conditions along South Kings Highway, development at these intensities, will not violate any adopted county level of service standards for this area. However, South Kings Highway (SR 713) is proposed by the State of Florida for widening. The future right-of-way needs for this project will impact the petitioned property. At a minimum an additional 120 feet of road right-of-way will be required to accommodate the planned improvements to South Kings Highway. This will include the relocation of the north st. lucie river water control district canal along the sites east property line. As part of any specific development reviews of this property, the details of the right-of-way needs will be addressed. .,.' The Fort Pierce Utility Authority (FPUA) is the anticipated utility service provider to the subject property. There are utility lines within the vicinity of this site, which can be extended into the site '-' ...., April 16, 2002 Page 2 Subject: Bakul Patel- Rezoning RZ-02-003 to accommodate any future projects. The FPUA has indicated sufficient available capacity to accommodate the increased density on the site. The RM-5 (Residential, Multiple-Family) zoning district can function as a transitional use district from more intensive industrial zoned lands to the east and the less intensive agricultural and residentially zoned lands to the west. The rezoning of this parcel is not expected to negatively impact any of the surrounding properties. The subject property currently contains an old orange grove. No other significant vegetative materials are found on the site. Therefore, the applicant's request will not negatively impact the environment. At the March 21, 2002, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 4 to 2, (with two members absent: Mr. Merritt and Mr. Hearn) and Mr. Matthes abstaining) recommended approval of this petition as set forth in Draft Resolution 02- 036. This proposed rezoning meets the standards of review as set forth in Section 11.06.03 of the St. Lucie County Land Development Code, and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends the approval of this petition for a change in zoning from the AR-1 (Agricultural, Residential- 1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family- 5 du/acre) Zoning District as set forth in Draft Resolution 02-036. SUBMITTED: CPS! H:!rezoning/BakuIlBCC/bccmemo.fnl. cc: County Administrator County Attorney < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ~ ""'" RESOLUTION 02-036 FILE NO.: RZ-02-003 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AR-1 (AGRICULTURAL, RESIDENTIAL -1 DUlACRE) ZONING DISTRICT TO THE RM-5 (RESIDENTIAL, MULTIPLE-FAMILY - 5 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. Bakul Patel, presented a petition for a change in zoning from the AR-1 (Agricultural Residential-1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family- 5 du/acre) Zoning District for the property described in Part A below. 2. On March 21, 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 the hereafter described request for a change in zoning from the AR-1 (Agricultural, Residential-1 du/acre) Zoning District to the RM-S (Residential, Multiple-Family-S du/acre) Zoning District for the property described in Part A below. 3. On April 16, 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 is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the S1. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. 6. The proposed change in zoning will not negatively impact any of the public facilities within the area. .' 7. Sufficient water and sewer is available within the general area to support any additional density for this site < Rle No.: RZ-02,003 April 16,2002 Resolulion 02-036 Page' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 \...r wi NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: Lots 1, 8 and 9 of Block 1 of Model Land Company's Subdivision as recorded in the Public Records of St. Lucie County. Tax Id. No. 2323-501-0001-000/3 (Location: Southwest corner of the intersection of South Kings Highway and Research Center Road) owned by Bakul Patel, is hereby changed from the AR-1 (Agricultural, Residential-1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family- 5 du/acre) Zoning District. 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 Paula Lewis XXX Commissioner John Bruhn XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This 16th day of April 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY ." , Chairman Rle No.: RZ-02-003 April 16, 2002 Resolution 02-036 Page 2 '-' 1 ATTEST: 2 3 4 5 6 Deputy Clerk 7 B cs 9 H:\Wp\Rezoning\Bakul\BCC\resolution.wpd File No.: RZ-02.()()3 April 16, 2002 APPROVED AS TO FORM AND CORRECTNESS: County Attorney .....J , < Resolution 02-o:J6 Page 3 ... ... ... .. ... '" ~ .. :J 0 ~ ü Z :J 0 g'OfI]HI' JOfml Ü c: w I > I ä: ... Ë ... z " .. ¡::: I " c: .. 0"'011 G33HS ayOll NOJ.'WY) « Z .. ~ « 0 .N -. :¡:;; .' < ~ ... .. I ... .. .. .. .. '-' ""'" ....... Z Cl) ........ CU CL :) ~ CU m (Y) o o I C\J o o ~ 'ia: \.{ ~ " N IT: o \ t , S K J S sr 1 , 'I- AlNn08 3380H:)33>iO ~ ¡¡ ..; I " i u · . .. u " ¡ f ~ · ~ . 0 "- "- :¡ · :0 A Petition of Bakull\..ðl for a change in zoning from the AR-1 (Agricultural,.Jsidential-1 uniVacre) Zoning District to the RM-5 (Residential, Multiple Family-5 units/acre) Zoning District. . COAOI No. "8 ~ o 1 '" r '" c .~ .........Laf .., C"".A::) ---------- o 1 J: . < '" . --~-~-~.~.~-~.~.~---~-~.~.~-~-~.- --------------------- 0 .. ò '" .. ti " . . ~ oi ,,; ____________~~~~~L_____________ ~. '\ "" 0.. .. '\ '!.. RZ 02-003 V / / /~ This pattern indicates subject parcel k;~;;;~;{~~~;?;~~~;1 This pattern indicates City of Ft. Pierce 5þ- h'tØ$ ~~~ ~J~ ~=-~ Map prepared February 1,2002 t ........"."-'...........,....goroono ~".......PIIPOMI..,. "'-..y.øart"'MM.""-<ie"'pooIdo"_~IIId_ ~~.Io""Wondod"'_.IIICIM!I'~~ N '-" Bakul Patel Zoning ~ o 1 .2' " AR-1 . go '" "-tell $Iot" ~ Canol No. 48 AR-1 --------- . ----- à z 11 ~ o . . . '" ____________S~L~~L_____________ I 11_".11.. \ oJ), 0.. ... "", "~ ._ oM" _~" ,...._. ,- _ .~,_ ,.... .-., ,., _ '-, .-.. .... .¥.. ,_, '_.,_ RZ 02-003 V / / ~/:1 This pattern indicates subject parcel b;~?;;:~;:~~;?;?;j This pattern indicates City of Ft. Pierce .; AG-1 RS-2 IL r.J(::) RS-2 j~~¡'~~~~~~¡'~: - - , . . ~ . . .. . . - - -:~~':-::':--::'.--: .. . ¡.. . - . < 5ìFj~ ~.~ ~ "'Zf~_ ~ Map prepared Februar¡ 1, 2002 THo "'"JI '-.... ~ b~pIorn<u _ '*- IUJaM~. ......,~'-t..I.....'" ~"''''''''-rd_ "*""-...-....""'-...:Ib..._.lIgIIIrblndolg~ N '-" Bakul Patel '...I Land Use ".. ~ ~; RS ~ o . '6. ~ COM RU . '" .. " _LGlS' ~, ~ Conal No. 48 . ,...c:) -------- RU MXD Crossroads o ~ < ;;¡ i ] ¡;;: -------- . \ '"" .-. '" "" .~ ~, '-., .-.. .-,. .-,. .-,< -"'.- -"" -"" ,- ~.- ~.- .~.- ~.- .-,. .-.- - RZ 02-003 V//~/1 This pattern indicates subject parcel t~~;~2~;~~~;~~~;~~~;~~~;'1 This pattern indicates City of Ft. Pierce ~ .;(~Gr~~~- Map prepared February 1,2002 f lfIII___-.-.IDI~~Ind........,.~O't¥. ~_,.........__IIO__..___....~ ~~.IINII.....,..,IQ .....~bI!"*o¡'*""_ N Bakul Patel ~ RZ 02-003 V///~ This pattern indicates subject parcel ~!:;::i2;~ii;id~~;1 This pattern indicates City of Ft. Pierce 5Þ- Á.~ a.~ ! (m~i ? 4>- , Map prepared February 1,2002 ThIo___awnpIod\af.......~_........_...-v. N ¥He ~ MI<ItII"M _..- t:)....-... ___-=nil ~..-.I.n<II__...__.~bIo-dtog~ '~ UN{rr(-\C\¡,l- SIJB1Ef.T TO lON1ttG FL~N~iNG & APPROVAl Cm~1MISSION I .~.'. AGENDA ITEM 2: BAKUL PATEL - FILE NO. RZ-02-003: ..',' Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of Bakul Patel, for a Change in Zoning from the AR-I (Agricultural, Residential - I duJacre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 duJacre) Zoning District for property located on the southwest comer of South Kings Highway and Research Center Road. The subject property is designated with an RU (Residential, Urban) Land Use and under the Future Land Use Element of the Comprehensive Plan the RU Land Use will allow a maximum density not to exceed five (5) dwelling units per acre. Therefore the applicant's request is consistent with the Comprehensive Plan. The subject property is surrounded to the north, south and west by AR-I (Agricultural, Residential - 1 duJacre) and RS-2 (Residential, Single-Family - 2 duJacre) Zoning and Industrial Light to the east. The proposed RM-5 Zoning District would be considered an appropriate transitional zoning from the Industrial Light zoning to the east and the existing Kings Highway, as well as future expansion of Kings Highway and to the west with the more rural properties. The proposed additional density is not expected to create any significant additional demands on the public facilities in the area. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy asked the petitioner to come forward and state their name and address. Harold Melville, Attorney at 2940 S. 25th Street in Fort Pierce stated that he represented the petitioner. He continued that this parcel is approximately 25 acres that used to be an old citrus grove that is no longer economically viable. The property is just west of Kings Highway and immediately south of Research Center Road. Current zoning is AR-I and they requested a rezoning to RM-5 since it is allowable under the RU, Land Use category. He confirmed Staffs comments that it is a good transitional zoning because to the east is the Light Industrial zoning and a citrus packinghouse directly across Kings Highway from the subject property. He continued that he felt the Kings Highway corridor is going to building up very rapidly with industrial and commercial uses on the east side of the highway. He again stated that this is a good transitional zoning because it maintains the residential character of the property and is a transition between for the more intense commercial and industrial uses in the east and the agriculturaVresidential uses to the west. He advised that as per the Staff report their request is consistent with the Comprehensive Plan and the Land Development Code with no adverse effects on the natural environment. Mr. Trias asked if there was a site-plan or illustration available to show the type of project proposed. Mr. Melville held up a board with a graphic of the proposed project, which will consist of ninety-eight (98) dwelling units (approximately 3.94 duJacre). The project will be 1,500 square feet under air and each unit will be individually owned and not rental units. He continued that these would be fee-simple ownership with each unit anticipated to sell in the range of $90,000 to $115,000. Mr. Trias asked if the association would own the common areas. Mr. Melville stated there would be a Homeowner's Association to maintain all of the common areas, including the lake areas. .. < Mr. Grande stated that this would be a 400% increase in density and questioned why the applicant requested RM-5 Zoning as opposed to submitting a PUD (Planned Unit Development) request. Mr. Melville advised that PUD's are a very expensive process and a tremendous risk P & Z Meeting March 21, 2002 Page 4 .,;. , ".~ '\,. .."",i:. ;.5 r :::' s .,; SUû1ECT TO Hr~n'H~m 8. ZONING "r~ié"" :-;ii'N APPRO\¡, At and gamble. The applicant chose the straight zoning request to propose something lfuii'\Jffi1ÌlâT;e allowable under the Comprehensive Plan. Mr. Grande stated that they chose to save money in the initial application fee but his concern is that the applicant is not tied into the plan that they have shown this evening since this is not a PUD request. He continued that this project would be backing up to one unit per acre properties and stated that he felt the applicant was hesitant to commit to a design, plan or site plan at this time. Mr. Melville stated that a PUD would initially cost about $25,000 to $30,000 in the county. He also advised that the land to the west also carries a RU Land Use Designation and will not remain in their current AG-I Zoning. He stated that he felt the area would be developing very rapidly and due to the type of area would not be developed as single family homes. He continued that this type of project and zoning would be appropriate for the area. "" ~.W':":1 Mr, Grande stated that the character of the area has not yet been defined and if we allow this type of project, it will set a tone in the area. He continued that the proposed project would be a good way to develop the property as a transition zone to the properties to the west. However, on the other hand, he stated he was hesitant to allow such a change on twenty-five (25) acres of property without the applicant being tied to a specific site plan as they would with a PUD request. He also stated that the expense for a PUD isn't really any different than what it would cost to move ahead with the current project if rezoned. He again advised that he is hesitant to vote for something where the applicant is not tied to a specific site plan since such a large density increase would impact the surrounding lands. Mr. Melville agreed that the applicant probably would spend the same amount of the money in the long run but the problem is that with a PUD you spend that money right up front before the Board of County Commissioners ever hears it. He continued that most applicants who look at property to buy and develop simply and logically don't want to take that risk. He also stated that he did not feel that type of imposition was appropriate. Under the existing laws this is an allowable zoning category and a very appropriate zoning category in this land use designation. He continued that what the applicant is proposing for layout and density is the only real practical use for that land. Mr. Grande stated that he did not agree with Mr. Melville's statements that just because it is appropriate it should be approved. He also advised that the Planning and Zoning Commission's job is to see to the orderly and logical development of the land. He continued that he felt that a PUD request would give the Commission all of the necessary assurances to forward a recommendation of approval. Mr. Melville stated that if that were the case, then there would be no need for an RM-5 zoning category. The purpose of a PUD is to allow for creative type of layouts or structures that would not fall within a standard zoning category and not to enforce a particular type of design on someone asking for a zoning change. Mr. Lounds stated that he would like to reserve his questions for Mr. Melville until after the Public portion of the hearing has been closed. Mr. Trias asked Staff what would be anticipated as a reasonable scenario for development of this area. Mr. Kelly stated that there is light industrial along Kings Highway and a multi-family environment as a transition to some lower density single-family homes farther to the west would be appropriate especially with the University and Research Center in the area. Mr. Melville stated that Staff made their recommendation based on the zoning category from a land use concept and feel this is an appropriate zoning change request. " P & Z Meeting March 21, 2002 Page 5 "'" wi UNOff\C\l\l- I I ~~f,,-: Chairman McCurdy opened the Public Hearing. C''''':';T 10 ,; ; ,. g, 1.0NiHG '. ,,)~ ¡\P?nfjV~l Seeing no one, Chairman McCurdy closed the Public Hearing. Mr. Grande stated that he did anticipate that there would not be any public response regarding this petition since most of the area is undeveloped. He continued that he was hesitant to vote for this request since the owner is reluctant to commit to a specific site plan since they did not come in under a PUD request. Mr. Lounds asked where the utilities for this property would come from. Mr. Melville explained that he believed that since they may be adjacent to the city, their utilities would be provided by the City of Fort Pierce. Mr. Lounds continued that he feels this is a good plan, but a bad location for it since it is on King's Highway. He also stated that area has more industrial in place and will most likely proceed that way. He stated that he didn't believe it was transitional between light industrial and research at all. Mr. Melville stated that he felt this was the best use for the property considering the circumstances and the area land use. Mr. Lounds disagreed. Mr. Trias stated that this is the only type and best type of development, realistically, that is going to be in the area but the county may want to consider looking at the future development of the area. Mr. Jones stated that there may be a better use for the property, but the applicant's request does meet all the requirements of law and doesn't see any reason to turn down this request. Mr. Grande stated it would not be accurate to assume that just because Staff has not said it doesn't, this meets every requirement of law. He continued that Section 11.06 of the Land Development Code states that the job of the Planning and Zoning Commission is to make interpretations to see if it is the right plan for the area and how it will impact the neighbors. Mr. Lounds stated that he respected Mr. Trias' opinion, since he has a background as a community planner, but he feels this, as well as, the duplexes behind the packing plant will be misplaced in the area as it develops. He also continued that he felt the entire area of Kings Highway is a growing concern of how the County is planning to develop it and needs to be discussed further. Mr. Trias stated that in ten years they might not be happy with the way the area is being residentially developed especially since the secondary streets in the area are almost non-existent and that this may want to be something that needs to be reviewed. Mr. Jones stated he too shared the concerns of the other Commission members about the future development of the area. He continued that in the long run, this type of development probably won't be appropriate for the area, but he doesn't feel that is relevant now, the future land use is. Mr. Kelly stated that he just wanted it to be clear that the plan shown is not binding. If the property is rezoned and another developer wants to design or develop something else that falls within the RM-5 zoning he may. Mr. Lounds questioned if the developer decides to make the units rentals rather than owned, he may? Mr. Kelly confIrmed that is correct. .' Mr. Melville stated that usually a POO or PNRD is requested when someone wants to do something different than the definition of a specif1ed zoning category, which is not the case here. He also stated he did not feel it was appropriate to suggest that the applicant should have requested a POO rather than a zoning change because what they are planning does fall within the definitions of the RM-5 zoning code. Mr. Jones asked if the applicant or Mr. Melville discussed a change in land use when they met with Staff. Mr. Melville explained that they did not discuss , P & Z Meeting March 21, 2002 Page 6 "",' . ,. ~ 1: ') >_ 4 ~ ¡~ ~~~'~l&m~' \~'" '.~ \.....,' .. ^' ('~~~o;:!;í 10 NING ,,-~-- ZO P1 ¡\N~~~NG & CD~~::1lSSION APPROVAL that. Mr. Grande stated that he felt that this 25-acre property could end up becoming the anchor and the future development of the area will be determined by tonight's decision of the Commission. ~,' <, ,-~. - ..., ... "" Mr. Lounds asked Mr. Melville if the client would have been willing to commit to their plan under a PUD. Mr. Melville stated that the client is willing to commit to the plan under the RM-5 zoning. He continued that the client would not want to have to invest more time and money to come back before the Commission again as a PUD. Mr. Grande stated again that he would feel more comfortable if this was a PUD request where the applicant is required to commit to a specific site plan and since this is not that type of request he is hesitant due to the size of the parcel and the density increase. 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 St. Lucie County Board of County Commissioners deny the application of Bakul Patel, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 dulacre) Zoning District to the RM-5 (Residential, Multiple- Family - 5 dulacre) Zoning District because it is inconsistent with Section H of 11.06.03 which calls for an orderly and logical development plan. Motion seconded by Mr. Lounds. Upon a roll call vote the motion failed with a vote of 2-4 (Mr. Trias, Mr. Akins, Mr. Jones and Mr. McCurdy voting against). Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, 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 Bakul Patel, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 dulacre) Zoning District to the RM-5 (Residential, Family- Family - 5 dulacre) Zoning District because it is an allowed use in the current land use designation. Motion seconded by Mr. Akins. Upon a roll call vote the motion was approved with a vote of 4-2 (Mr. Lounds and Mr. Grande voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. Mr. Jones stated that he would suggest that the landowner consider the long-term value of the property in another land use. Mr. Akins stated that he supported the motion for approval but he does agree with Mr. Lounds, Mr. Grande and Mr. Trias that may want to consider beginning a discussion to resolve the hodgepodge that is occurring in the County. He continued that he felt this needed to be done soon because Kings Highway is growing and will not remain Agricultural. Mr. Trias stated that the best way for these issues to be reviewed is to address the County Commission with them. Mr. Kelly stated that it seemed to him that the consensus is that the Commission members would like Staff and the County Commission to review that area < P & Z Meeting March 21, 2002 Page 7 "'" ~ ¡',i, è ~: specifically. Mr. Lounds asked Mr. Kelly if Staff needed a formal request from the Commission for the Kings Highway Corridor, from Okeechobee Road north to Indrio Road issues to be addressed. Mr. Kelly confirmed that it would be best to be formally addressed in the meeting minutes for further review by the County Commission. Mr. Lounds made a motion to address the issues regarding land use in areas surrounding and along Kings Highway Corridor and possibly the support roads (Rock Road, Graham Road, Picos Road) all the way to Indrio Road. He continued that the pattern from Indrio Road to U.S. 1 is pretty well set from that area on, but from Indrio to Okeechobee Road needs to be studied by Staff (with the City in mind). Motion seconded by Mr. Grande. Upon a vote, the motion passed unanimously with a vote of 6-0. " ~,.~, 'Þ\\,"; ..o('!I~_\;,-¡,__\,_:_r...~ ~~- \ C"':. :'';' -¡.:' \/c;.;) ...- f;".'.:~","·';" ~. I'. \,. ~., <I", ""'\~ " . ......'"'........'. \\j '"')f\~\W' I\~ -' "" q , \). í\~ ",. I~',·'.,... ,. ',.\,,~'\ '" ~',;,1}.,\\\) ,-' - -\ ,---',.~:¡.',;,~... ......\ - ~\ \ ,', .,1,....::-.-,...; ·~·~_17:\ \;'-..~" ,';." (,.\{"~,; \\), 'ñ;'.i'..\·:·).\~:.)~ ~Ù\t.· < P & Z Meeting March 21, 2002 Page 8 ~ .; AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDA Y, April 16, 2002 7:00 P.M. BAKUL PATEL, has petitioned St. Lucie County for a Change in Zoning from the AR-l (Agricultural, Residential- 1 dulacre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 dulacre) Zoning District for the following described property: Location: Southwest Corner of the intersection of Kings Highway and Research Center 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 adjacent property owners April 5, 2002. Legal mJtice was published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on April 5, 2002. " File No. RZ-02-003 "" 'will April 5, 2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that BAKUL PATEL has petitioned St. Lucie County for a Change in Zoning from the AR-l (Agricultural, Residential-l du/acre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District for the following described property: Location: Southwest corner of the intersection of Kings Highway and Research Center Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition wüI be held at 7:00 P.M., or as soon thereafter as possible, on April 16, 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 561/462-1960 if you have any questions, and refer to: File Number RZ-02-003. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS '~c-\ÛwaIL- /~ ~~, Chairman .' . ..I'. ~.: JOHN D. ORUHN. DIStrict No 1 . DOUG COWARD. District No.2' PAULA A. LEWIS. DiStrict NO.3' FRANNIE HUTCHINSON. DistriCt NO.4' CLIFF OARNES. DiStricT NO.5 County Admlnisrrmor - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34952-5652 Administration: (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnical Services: (561) 462-1553 Economic Development: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fox: (561) 462-2132 '-" I . . ST.lUCIE: COUNTY BOARD OF COMMISSIONERS 'PUBlIC HEARING AGENDA April 16"2002 TO WHOM IT MAY CONCERN. NOTICE is -hereby given in ulcordulIl.:e with Section 11.00.03 of the Sf. Lucie County land Dcvclopmer1t Code nnd in m:cordoncc with !he provisio,,~ of the 51 Lucie COUl\t)' Comprchensive ~I;m. thnllhc foJlowinq oppliC(JI.IIS I huve Icque~led lliu! the SI t I)::i-:'~ (l)!II1Iy Boord of (ol'llnl~ Slone's conSider tl,,~Ü fulluwÎn<J rcqlJ.:,t., 1 BAKUl PATEL, for (1 Cl1(1ngc ;n Zonill<) fronl the A~_I tAgricultlJrOr, R('~irlcllti(]1 1 du/auc; Zoning District to the RM-5 (Residential, MIJIt'ptc-hHnily - S du/ocre) lOll iag Dishicl for 1111: following described properly LOTS I. 8. AND 9 or BLOCK 1 or MODtl LAND COMPANY'S SUBDIVISION Location Southwe.t Co,'ner of :he ¡"tersection of Kings Highway and Rc~carrh Ccnter Rood 2. CHARLES D. VELIE, for a Change in Zoning from thc AG~5 ¡Agricultvral - I dv/S ocre> Zoning District to the RF (Religious Facilities) Zoning Dishict for the Following described properly; BEG AT SW COR Of NW 1/4 Of SW 1/4 OF NW 1/4 i Of SECTION 12. TOWNSHIP 35 SOUTH. RANGE 38 ! EAST. RUN N 132 FEEl. THENCE.E 330 FEET. THENCE S . 132 FEET. THENCE W 330 FEET 10 POB - LESS RD AND DRAINAGE CANALS 10.84 AC localion: 180 North Header Conal Rood. 3. WILLIAM P_ CLARIZIO, for 0 Waiver from' Section 7.10.11 (A cI file. St.Lude County Land Development Code I tQ allow for the sale of alcoholic bevernges as an acces-, sOf'Y usë to Qrestauront. within 1,200 feet of 0 religious' facility, schooi. þUblicpark, .or public plo)?'ound in the CG (Commetdcl~ General Zoning Diskict..for the follow- ing.~~,property: . SECTIÒN Ô3: TOWHSIP 36 SOUTH, RANGE ~¡'·.êAST, THAUART OF .SE 1/~ OfSE 1/~ OF NW 1/~, fROM SE CORNER OF NW 1/4 RUN NORTH 0·02'03" WEST 69.62 FEET, THENCE NORTH.89"23'02" WEST 70 FEET TO THE POINT· OF BEGINNING.·THENCE CONTINUE NORTH 89°23'02" WEST 228,O~ FEET, THENCE NORTH ·0·36':ie" EAST 180 FEET, THENq SOUTH B9°23'02" EAST226 FEET, THENCE SOUTH 0·02'03" EAST 180.01. FEET TO THE POINT Of BEGINt'lING 10.9~·ACRESI· (MAP 3~/03N (OR 1236.2208) (TAX 1.0. No. 3~03·2~~-OOOO,OI0/91 . Locafiqn: -4999 South U.S.' Highway No, 1. 4. PAMELAPE~KINS, 10 Define 0 Class "A" Mobile Home os a Detacl1e¿ Single-Family Dwelling Unit in.lhe AG-S (Agricultural - 1 du/Socres) Zoning District for the follow- ¡ng described property: THE NORTH 200 .FEET Of THE SOUTH 630 fEET OF THE W~S.T ONE·HALf Of SECTION 34. TOWNSHIP 36 SOUTH. RANGE 3a EAST. LESS THE WEST 100 fEET THEREO.F. ST. LUCIE COUNTY, fLORIDA. Location:' 9346 Carlton Rood_ r ..." .·S,_oc~.o~li~~~Q t~-fQO( theJ(tensj~.ofan ,"'Pf"O"Od.P"UQ·./PIóAo)edUnM ~opment) fo< "'e follow. . InQ <\è=ibed .I"opertr.,,·· ¡......., . A~EPJlôf GlÔUCESTER tOWN. PLAT NO. ONE AS RECORDED IN PL/IT BOOK 3S. AT PAGES 20 & 20A Of THE PUBLIC RECORDS Of ST. LUCIE FLORIDA BEING MORE PARTICULARLY DESCRIBED AS fOllOWS, ,.'...." , .'.' ' r i f BEGINNING AT THE INTERSECTION OF TIlE cAST RIGHT-OF-WAY LINE Of STATE ROAD A-I-A (A IOU FOOT R!GHT·Or.wAY AND THE SOUTH LINf OF TH[ NORTH 3,000 FEET OF SECTION J?, TOWNSHIP 35 SOUTH. RANCE 41 EAST, SI LUCI~: (()i_'~HY. fl.Orl DA, RUN NORTH 22"40']]"' WESI, ALOì.JG nil E,\sr RIGHT-Of-WAY Of STATE ROAD 1'.-1'/1.,,\ DiSTANCl I OF 463.00 rEET TO A POINT, Tlf[NrC ~\JN No?~ni 67"19'29"' EAST A DISTANCE Of 2~D~\ FLTT TO /1.. POINT; THENCE RUN SOUTH 22"40'JI l....ST /\ DIS- TANCE OF 25,00 FEET TO ^ POINT; F-ŒNCE RUN NORTH 67"19'29"' WESf A DISIAN([ or 1000 FEfT . TO A POINT; THENCE RUN NORTH 22""40'31·' WEST A DISTANCE OF BD.OD FEET TO A F'OINT; THENCE RUN NOInH 67°19'29"' WEST ^ DISTANCE OF 90.00 Fe[T TO A POINT; THENCE RUN SOUTH 2T40'J I" f\ OIS TANCE OF 30_00 FEET TO A POINT; THENCE RUN NORTH 67°19'29"' EAST A DISTANCE: O~ 71.12 FEFT TO A POINT- THENCE RUN SOUTH 2¿"2224' ~AST A DISTANCE OF 10.51 FEET TO A POINT; THENCE RUN NORTH 65°31'36" EAST A DISTANCE OF 245.49 FEET TO A POINT ON THE MEAN HIGH WATER LINE OF THE ATlANTIC OCEAN; (THE NEX1 8 COURSfS RUN ALONG SAID MEAN HIGH WATER LINE) THENCE RUN SOUTH 23°56'20" EAST A DISTANCE OF 23.30 FEET TO A POINT; THENCE RUN SOUTH 23·4S·3B" EAST A DISTANCE Of 87,92 FEET TO A POINT; THENCE RUN SOUTH 25·~6'19· EAST A DISTANCE Of B8.82 FEET TO A POINT, THENCE RUN SOUTH 24°41'45- EAST A DISTANCE OF 175.90 FEET TO A POINT, THENCE RUN ·SOUTH .2~n 9'05" EAST A DISTANCE m 88.74 FEET ·,;J:O,".POINr'.THENCE RUN··SOUTH 25'S2'OS- EAST A ·DISTJ,NCe O~·.92.96 fEET'TO A POINT, THENCE RUN ,SOUTH 24·.sB·~:r. EAST A 1>IST ANCE OF 92.1 ~ FEET ··.JO.A POINT, THENCE _UN SOUTH 25·~1'08" EAST A ·.DIST,A.N<;E OF 29jó~ FEET TO A POINT O.F INTERSEC. . ;1"10/01 WIJ'H SAID MEAN !;UGH WATER UNE AND THE cSOUTH,ÜJ-jE·OF,THENORTH3,QOO FEET Of SECTION .3i TOwNSHI~ 35 SOUTH. ....NGE~1 EAST, ST, LUCIE COUNTY, FLi:)RID'<': )}fENCE '_UN .SOUTH 89°~8'26" 'wEST, ALON :; SAID SOUTH LINE Of THE NORTH . '3.000 FEET·" DISTANCE m 506..8 fEET TO THE EAST .:,RlGHT,Qf,W"Y..LIJ-jE OF STATE ROAD A,I,A AND THE POiNT OF BEGI~NjNG;., . ··~"RCEl. CON'rA1NS6.0~ ACRES. - ... '.' , ,~"'" ~90() Oœon Dñve. (East Side cI Souin A.'.A. approximalely 3 miles soUth of the ~I. Lucie County NuR~ 'ower-Plant) PUBLIC HEARINGS ~1'· be held in Commission Chamben. Roger p~itràs' Annex, 3rd Floor, St. Lucie County Adminis~ Iration Quilding, 2300 V.ginja Avenue,. Fort Pierce, Florida. J on April 16. 2002, beginning at 7;00 P.M. ~ a$ soon .thereafter as possible, PURSUANT· TO ·Sect~, 266.0105. Florida Statutes, if a person, ~ 10. ãppeal ~y ~dec¡sion made by a board~ agency, 01" 'cåmmi:s;sion _wllti respect·to any matter consid- ered afa meeting or l1earing, he will need a record of '''e proceeding~, .and ~. for such purpose,s, he may need to ensurelhal Q: verbØim record of the proceedings: is made, wf1ich record includes the testimony and evidence upon wl1ich the appeal i$ to'be based. .;.0-; BOARD OF COMMISSIONERS ST. LUCIE COUNTY. fLORIDA , /S/ Doug Coward, CHAIRMAN . PUBLISH DATE, Ap<il 5. 2002 239S880 '. ........ ...,:..: ~~ '" c \2." (> ~ r PLANNING AND ZONING COMMISSION REVIEW: 3121/02 File Number RZ-02-003 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager ~ DATE: March 14,2002 SUBJECT: Application of Bakul Patel, for a Change in Zoning from the AR-l (Agricultural Residential-l duJacre) Zoning District to the RM-5 (Residential, Multiple FamiIy- 5 duJacre» Zoning District. LOCATION: Southwest comer of South Kings Highway and Research Center Road. EXISTING ZONING: AR-l (AgriculturaI Residential-l duJacre) PROPOSED ZONING: RM-5 (Residential, Multiple-family - 5 duJacre) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 25 acres PROPOSED USE: The purpose of the requested change in zoning is to allow the construction of a multiple family residential development. PERMITTED USES: Section 3.01.03(L), RM-5 (Residential. Multiple-familv- 5 duJacre) identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the RM-5 (Residential, Multiple-family - 5 duJacre) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "AA"). SURROUNDING ZONING: .... , # AR-I (AgriculturaI Residential - 1 duJacre) zoning district surrounds the petitioned property to the north, south and west, RS-2 (Residential, Single-Family 2 - duJacre) and II., (Industrial Light) surrounds the petitioned property to the east. "" (f.. l·.. '-_ o' ..."" ¡ March 14, 2002 Page 2 Petition: Bakul Patel File RZ-02-003 SURROUNDING LAND USES: Florida Master Packing House is to the east of the subject property and existing citrus groves are located to the north, south and west of the subject property. The property located to the north is designated with a RS (Residential Suburban) future land use designation, properties located to the south and west are designated with a RU (Residential Urban) future land use designation and properties located to the east are designated with a MXD-Crossroads future land use designation. FIREÆMS PROTECTION: Station # I, is located approximately 4 miles to the east. UTILITY SERVICE: The subject property is located within the FPUA service delivery area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way for Kings Highway is 50 feet. SCHEDULED IMPROVEMENTS: See Comments 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 applicant is requesting a change in zoning from the AR-l (Agricultural Residential- 1 dulacre) Zoning District to the RM-5 (Residential. Multiple-family - 5 dulacre) Zoning District. The area in which the subject property is located is currently utilized as citrus groves. The stated purpose of this change in zoning is to allow for the development of the 25 acres as a multi-family residential project. The subject property is adjacent to South Kings Highway, which is a state owned North/South Arterial roadway. Access to the property will be via a driveway from Research Center Road. ,.... . ~ '"" c ( ..." ',' March 14, 2002 Page 3 Petition: Bakul Patel File RZ-02-003 The RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District has been determined to be an acceptable zoning district for the proposed area. The applicant's request would provide a transitional use from the more intense industrially zoned lands to the east and the less intense residential and agriculturally zoned properties to the west. 2. Whether the proposed amendment is consistent with aU elements of the 8t. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the RU (Residential Urban) Future Land Use Designation. According to this table, the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification ofRU (Residential Urban). The proposed rezoning request is consistent with all elements of the S1. Lucie County Comprehensive Plan. As the subject property is located within the FPUA service delivery area, staff will require the developer to submit a letter of sufficient capacity from the service provider prior to receiving site plan approval. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties to the north, south and west are aU being utilized as citrus groves. The properties to the east are utilized as citrus groves and a packinghouse. The permitted uses in the RM-5 (Residential, Multiple-family - 5 dulacre) Zoning District are not expected to unduly impact the surrounding area or uses. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. As the Kings Highway corridor develops, there will be pressure to allow more intense uses adjacent to the roadway. The applicant's request will continue to maintain a residential character within the area, yet, also allow for a more intense transitional use between the roadway and industrial uses to the east and the low density residential and agricultural uses to the west. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. The State of Florida Deparbnent of Transportation' s work program for 2000/200 1 - 2004/2005, indicates that South Kings Highway, from Okeechobee Road north to Angle Road was slated for resurfacing in the year 200 1. Currently, this resurfacing project is going forward. The existing right-of-way for South Kings Highway, adjacent to the subject property is 50 feet in width. According to Section 7.04.04 of the S1. Lucie County Land Development Code, the ultimate right-of-way for South Kings Highway from Orange A venue south to Okeechobee Road is 130 feet. " .....' þ> '" c c ~ , March 14,2002 Page 4 Petition: Bakul Patel File RZ-02-003 Based upon this, at the time of site plan approval for the subject property additional right-of-way will be required to be dedicated to the County for the widening of Kings Highway. Under the current AR-l zoning designation, a 25 acre land parcel would be permitted a density of I dulacre, equating to a total of25 dwelling units. Under the proposed RM-5 zoning, the project would be allowed a maximum of 125 dwelling units an increase of 500%. The lIT Trip Generation Book, single-family residential developments generate a total of IO trips per day and a multi-family complex generates 7 trips per day. Based upon this generation, under the existing zoning, the subject property at its maximum would create 250 trips per day. Under the proposed zoning, the subject property at its maximum density would create 875 trips per day. According to the Spring 200 I Traffic Counts, South Kings Highway, north of Okeechobee Road has a LOS Capacity of 15,000 total trips. Currently there are 10,159 trips per day accounted for on this roadway segment. This leaves the remaining capacity of 5,441 trips available for this roadway segment. The proposed rezoning will not negatively impact this roadway segment with an increased capacity and density. At the time of development, a review of the available public facility capacity will be completed. All impacts will be assessed for the development at that time. The FPUA has the proposed area designated within its service delivery area. Prior to obtaining site plan approval, the developer will be required to depict that sufficient capacity is available to meet the demands/needs of any development proposed for the site. 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 naturaI environment. The existing use of the property is a citrus grove. The applicant/property owner will be required to comply with all federaI, state, and local environmental regulations as part of any submitted development plans for the site. 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 subject property has access from South Kings Highway and Research Center Road. The request for a change in zoning will continue the development pattern that is occurring along South Kings Highway and will provide a transitional use from the more intense Industrially light zoned property to the east and the low density residentiaVagriculturally zoned properties to the west. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; .. .....~-= The proposed amendment would not be in contlict with the public interest and is in hannony with the purpose and intent of the St. Lucie County Land Development Code. ~ c. c 'will March 14, 2002 Page 5 Petition: Bakul Patel File RZ-02-003 COMMENTS The petitioner, Bakul Patel, has requested this change in zoning from the AR -1 (Agricultural Residential- 1 du/acre) Zoning District to the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District in order to develop a 25 acre parcel of land as a multifamily residential project for property located on the southwest corner of the intersection of South Kings Highway and Research Center Road. The indicated purpose of this change in zoning is to allow for the submission of an application for site plan review for a multi-family residential project. The subject property is in an area designated within the Comprehensive Plan as being compatible with or for the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. Attached is a copy of Section 3.01.03(L) - RM-5 (Residential, Multiple-family - 5 duJacre), of the St. Lucie County Land Development Code, which delineates the permitted, accessory and conditional uses allowed in the RM-5 (Residential, Multiple-family - 5 duJacre) Zoning District. If the change in zoning request were approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the pennitted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it fIrSt receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms to the Standards Of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. cs cc: Harold Melville Baku! Patel Raymond Hoeffner HIe H:\wp\rewning\Baku! Patelstfrptwpd ,- ...... ," ( E. '" 'wII c c Section 3.01.03 Zoning District Use Regulations AR-1 c 1. Purpose AGRICUL TURAL, 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 200.00 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. (999) 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 (012) Family residential homes located within a radius of one thousand (1000) feet of another such family residential home. (999) Industrial wastewater disposal. (999) Kennels - completely enclosed. (0752) landscaping & horticultural services (078) Retail: (1) Fruits and Vegetables. (5<31 _ Riding stables. (1999) " Veterinary services. (OT() Telecommunication towers - subject to the standards of Section 7.10.23 (999) . . ;0.... ......~ ~ c. d. e. f. g. h. 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the fo1l0wing: \. Adopted August 1. 1990 101 Revised Through 08/01/00 ~ c c 'WIll Section 3.01.03 Zoning District Use Regulations , . a. Agriculture (farms and ranches accessory to single-family detached dwelling). (011021 b, Animals, subject to the requirements of Section 7.10.03. (9991 c. Guest house subject to the requirements of Section 7.10.04. {9001 d. Mobile Home subject to the requirements of Section 7.10.05. (999J e. Retail and wholesale trade - subordinate to the primary authorized use or activity. ~ Adopted August 1,1990 102 Revised Through 08/01/00 , , '.. -.. .....~ .: L. 1. Purpose ........ .., ( \ Section 3.01.03 Zoning Districl Use Regulations RM-5 ( RESIDENTIAL. MULTIPLE-FAMILY - 5 The purpose of this district is to provide and protect an environment suitable for single-family, two-family, three-family. and multiple-family dwellings at a maximum density of five (5) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. The number in ·0" following each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2, Permitted Uses ( 3. a. b. c. Community residential homes subject to the provisions of Section 7.10.07. (999) Family day care homes. (999) 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) Multiple-family dwellings (3 or more units) (999) Single-family detached dwellings. (999) Two-family dwellings. (999) .. d. e. f. Lot Size Requirements ( 4. Dimensional Regulations Lot size requirements shall be in accordance with Sectiqn 7.04.00. Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Landscaping Requirements Landscaping requirements shall be in accordance with Section 7,09.00. 7. Conditional Uses a. b. Family residential homes located within a radius of·one thousand (1000) feet of another such family residential home. (999) .. 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. Adopted August 1. 1990 ( 109 Revised Through 08101/00 ~ ( ~."-.... ~. ",., March 8, 2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the 5t. Lucie County Land Development Code, you are hereby advised that Bakul Patel has petitioned 5t. Lucie County for a Change in Zoning from the AR-I (Agricultural, Residential- I du/acre) Z:ming District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. Location: SW Corncr of thc intersection of Kings Highway and Rcsearch Ccntcr Road. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILAßLE UPON REQUEST The first public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on ThurstÚly, March 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 conunents received in advance of the public hearing will also be considered. Written comments to the Planning and Zoning Commission should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission 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 Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he 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-ceruùn. 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 orT.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 561/462-1960 if you have any questions, and refer to: File Number RZ-02-003. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION Af;;¡~ ~ /Ì5{Þ'{ ~e~atthes, Chairman .. "i ..... .. *"L~ ~~ JOHN D. m\UHN. Dimicr No 1 . DOUG COWA"D. Disrrlcr No_ 2 . PAULA A. LCWIS. DISTflCf No. J . Frt.ANNIE HUTCHINSON. DisHier No 4 . CLIFF ßARNES. Disrrier NO.5 Counry Adminisrroro( . Douglos M, Anderson 2JOO Virginia Avenue . Fon Pierce, FL J4982-565'2 Administration (561) 462-1590 . Planning: (561) 462..2822 . GISlTechnicol SeNices: (561) 462.155J Economic Developmenr: (561) 462-1550 . Fox: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fox: (561) 462-21 J2 f:~if:~~~.~~:;f~~~~;~~~~~~·~~~::~t~~.;~~·;~:~;~{~i:·t~:~'::~~'~~~~~~~~:,~~%~?:~:i~~;{~~:~);::~i~:':::'~\¿~~;~~:;~~~d~~~- .'f.~~:.;~~~' ~(!\-;\ ~;~.~~~:;;\:~~~',~:~~"~- ;::-: :~:,:~;::'~: .~'. 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V. 00 .:.. N b t;~!~ ~ ~ì~¡~ ~ )NiN NJw:wIN¡'O iL i I ì i i w ~ \0 ~ a- , wI::: NIN \010 g;¡ ~I~¡ N! 2; ~ i -6' I... 1::: ~,~I! ¡:~ wiwll "~ VI : VI 'I !i 0 ILJiN Z:, = ,. :3' tþ ,... en = II - - I Q' S, II ., ("':);' 0'1 3 !i a 11 = ;I = Ii ~II Q' ~ Ii ., ~ II 1::1; æ.. II ~ .§ II = 3;' - tþ Ii "'0 = " ~ -Ii æ.. ~ II ( 'Q ., = '0 =- .... n ,.... = Q' ., 3 = 0; o = en tþ ~ .... n tþ en ~ I o N I o o ~t..I II : ~ ..... w Agenda Request Item Number 5G Date: April 16, 2002 Consent Regular Public Hearing Leg. [ ] ( [ ] [ X I Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development Director SUBJECT: Consider Draft Resolution 02,,034, Granting a 12 Month Extension to Resolution the Ocean Oasis PUD. St. Lucie County has received a request from the developer of the Ocean Oasis PUD for a 12-month extension to complete the first phase improvements or the previously approved Planned Unit Development, known as Ocean Oasis. The Ocean Oasis PUD is a 111-unit single-family subdivision, located on South A-1-A, approximately 3 miles north of the St. Lucie County Nuclear Power Plant. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: On November 24, 1992, this Board approved Resolution 92-238 granting Preliminary PUD approval for the project to be known as ·Ocean" Planned Unit Development. On March 7, 1995, this Board approved Resolution 95-063, granting partial Final PUD for the first phase of this project know referred to as Gloucester Towne PUD. On December 27, 1999, the Community Development Director granted a minor adjustment approval to project that also provided for a second name change for the project now to be known as ·Ocean Oasis". This approval included a specific requirement that the approvals authorizing the construction of this first phase of the Ocean Oasis project would expire on December 27, 2001, and the overall projects approvals become void, unless all of the primary infrastructure improvements associated with the first phase of the project were completed and certified to the County or an extension is granted consistent with the provision of Section 11.02.06(B) of the County's Land Development Code. On December 12, 2001, the Community Development Department received a request for an extension to the approved first phase of the Ocean Oasis PUD. Staff returned this request for additional information. Once this information was received, Staff scheduled the extension at the next available public hearing. N/A N/A Staff recommends approval of Draft Resolution 02- .- COMMISSION ACTION: GLJ APPROVED D DENIED o OTHER 5-0 ~ Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: '-'" ~ Commission Review: April 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Dennis Murphy, Community Development Director DATE: April 9, 2002 SUBJECT: Consider Draft Resolution 02-034, Granting a 12-Month Extension to the Phase 1, Ocean Oasis PUD Approval. St. Lucie County has received a request from the developer of the Ocean Oasis PUD for a 12- month extension to their previously approved PUD (Planned Unit Development). The Ocean Oasis PUD is to be a 111-unit single-family subdivision. The project is located on South A-1-A, approximately 3 miles north of the St. Lucie County Nuclear Power Plant. On November 24, 1992, the Board of County Commissioners approved Resolution 92-138 granting approval for the project to be known as the "Ocean" Planned Unit Development. On March 7, 1995, the Board of County Commissioners approved Resolution 95-063 granting a Partial Final Approval for the first phase of the project now referred to as Gloucester Towne PUD. On December 27, 1999, the Community Development Director granted a Minor Adjustment approval to this project that also provided for a second name change for the project now to be known as "Ocean Oasis". The minor approval included a specific requirement that the approvals authorizing the construction of the first phase of the Ocean Oasis project would expire, and the overall project approvals became void, unless all of the primary infrastructure improvements associated with the first phase of the project were completed and certified to the County or an extension is granted consistent with the provision of Section 11.07.05(F) of the County's Land Development Code. Section 11.07.05(F) provides that the Board may consider one extension, of no more than 12 months, from the original date of expiration. The Board may grant an extension for a shorter period of time. On December 12, 2001, the developer of this project submitted a request for extension to the December 27, 2001 expiration date. At that time, the Community Development Department returned the request to the applicant requesting further information on the site improvements that had been started to date. Staff received the requested information and scheduled the request on the next available Board of County Commission public hearing. The reasons cited for this request for extension are: 1. All taxes through the year 2001 have been paid. 2. The developer has paid the connection fees for sewer hookup. April 16,2002 Page 2 '-" 'wJI Subject Ocean Oasis Extension BCC-02-004 3. The developer has completed the replanting of the dune system. 4. The Building Department has finalized a land clearing permit for the subject property. 5. A Dune Crosswalk Construction Permit has been finalized with the Building Department and with the Florida Department of Environmental Protection. 6. A Foundation Permit for the construction of a temporary sales trailer has been finalized. 7. The developer has stated that the construction drawings for the north and south entry features and gatehouses are ready to be submitted to the County for review and approval. 8. The developer has been working with the Florida Department of Transportation to gain a permit issuance for the deceleration and acceleration lanes for the subject property on A- 1-A and this permit was granted in January of this year. Section 11.02.06(B)(3)(c) of the Land Development Code sets out that the maximum period for which a Planned Unit Development may be extended, is twelve months from the original date of expiration. Should the 80ard agree to the requested extension, any such applicable activities will be retroactive to December 27, 2001 and the extension granted will be from the December 27, 2001 expiration date, as allowed in Section 11.02.06(8)(3) of the St. Lucie County Land Development Code. Attached is copy of a Draft Resolution 02-034 that, if approved, would grant a 12-month extension to the Planned Unit Development known as Ocean Oasis for the construction of a 111 multi-family unit development. If approved, the expiration date for this Planned Unit Development will be December 27,2002. If you have any questions, please let me know. SUBMITTED: urphy ity Development Director '-" "w1I RESOLUTION NO. 02-034 File No.: BCC-02-o04 A RESOLUTION GRANTING AN EXTENSION OF A PLANNED UNIT DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS OCEAN OASIS 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. On November 24, 1992, this Board through Resolution 92-238 approved the Preliminary Development Plan for the project known as Ocean PUD (f/k/a The Villages of South Hutchinson Island), a proposed 101 unit, Planned Unit Development (95 single-family units and six multi-family units), on property located on the east side of South A-1-A, approximately 3-miles south of the St. Lucie County Nuclear Power Plant. 2. On December 14, 1993, this Board, through Resolution 93-254, granted the first extension to the Preliminary Planned Unit Development approval, to the proposed project. 3. On June 21, 1994, this Board, through Resolution 94-082, granted the second extension to the Preliminary Planned Unit Development approval, to the proposed project. 4. On March 7, 1995, this Board, through Resolution 95-063, approved the petition of James P. Brown, on behalf of Jon H. Berkey, as Trustee, for Partial Final Planned Unit Development approval for the project to be known as Ocean PUD (n/k/a The Villages of South Hutchinson Island) in the PUD Zoning District, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune and notifying by mail all owners of property within 500 feet of the subject property. 5. On December 27, 1999, the Community Development Director issued an administrative approval granting a minor adjustment to the approved Planned Unit Development Plan for the Ocean Oasis Site Plan. 6. The developer of the Ocean Oasis Planned Unit Development has requested that they be granted a 12-month extension to their Planned Unit Development approval, which if approved would carry this projects approval period through to December 27,2002. ~ April 16, 2002 Page 1 Resolution 02-034 BCC-02-004 '-" -.J 7. On April 16,2002, this Board held public hearings 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the S1. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(3) of the S1. Lucie County Land Development Code, the Planned Unit Development granted to Jon Berkey for the construction of the Ocean Oasis Planned Unit Development, is hereby extended for an additional 12 months, which would now expire on December 27, 2002. B. The property on which this Planned Unit Development Extension is being granted is described as follows: A Replat of GLOUCESTER TOWN, PLAT NO. ONE as recorded in Plat Book 35, at Pages 20 & 20A of the Public Records of St. Lucie Florida being more particularly described as follows; Beginning at the intersection of the East right-of-way line of State Road A-1-A (a 100 foot right-of-way) and the South line ofthe North 3,000 feet of Section 32, Township 35 South, Range 41 East, St. Lucie County, Florida, run North 22°40'31" West, along the East right-of-way of State Road A-1-A, a distance of 463.00 feet to a point; thence run North 67°19'29" East a distance of 25.00 feet to a point; thence run South 22°40'31" East a distance of 25.00 feet to a point; thence run North 67°19'29" West a distance of 10.00 feet to a point; thence run North 22°40'31" West a distance of 80.00 feet to a point; thence run North 67°19'29" West a distance of 90.00 feet to a point; thence run South 22°40'31" East a distance of 30.00 feet to a point; thence run North 67°19'29" East a distance of71.12 feet to a point; thence run South 24°28'24" East a distance of 10.51 feet to a point; thence run North 65°31'36" East a distance of 245.49 feet to a point on the Mean High Water Line of the Atlantic Ocean; (the next 8 courses run along said Mean High Water Line) thence run South 23°56'20" East a distance of 23.30 feet to a point; thence run South 23°45'38" East a distance of 87.92 feet to a point; thence run South 25°46'19" East a distance of 88.82 feet to a point; thence run South 24°41'45" East a distance of 175.90 feet to a point; thence run South 24°19'05" East a distance of 88.74 feet to a point; thence run South 25°52'05" East a distance of 92.96 feet to a point; thence run South 24°58'43" East a distance of 92.14 feet to a point; thence run South 25 °41'08" East a distance of 29.64 feet to a point of Intersection with said Mean High Water Line and the South line of the North 3,000 feet of Section 32, Township 35 South, Range 41 East, St. Lucie County, Florida; thence run South 89°48'26" West, along said South line of the North 3,000 feet a distance of 506.48 feet to the East right-of-way line of State Road A-1-A and the Point of Beginning. ." : Parcel contains 6.04 acres. April 16, 2002 Page 2 Resolution 02-034 BCC-02·004 '-" 'wi Location: East Side of South A-1-A, approximately 3 miles south of the St. Lucie County Nuclear Power Plant) C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on December 27, 2002, unless the developer has obtained a building permit for this project. Pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, one additional extension of this Planned Unit Development is available. D. The Planned Unit Development Extension granted under this resolution is specifically conditioned to the requirement that the petitioner, Anthony Yezbeck, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Péirt B. E. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward xxx Vice-Chairman Cliff Barnes xxx Commissioner John Bruhn xxx Commissioner Frannie Hutchinson xxx Commissioner Paula Lewis xxx PASSED AND DULY ADOPTED this 16th day of April, 2002 .- e April 16, 2002 Page 3 Resolution 02-034 BCC-02-004 \w- ATTEST: DEPUTY CLERK H:\projects\ 1-complete\ocean oasis\extension/02-034 April 16, 2002 Page 4 'WtI BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY A TIORNEY , Resolution 02-034 BCC-02-004 Cf) Cf) cD o c cD Q) Ü o '-' .""", .;;::t o o I C\J o ---- z A é! Ÿ ~........~ N 0 0 ·t N oÔ N · ~ ~ ~ " · " " .~....~t 5 Ï ~ ~ · 0 \{ .. ~ . ~ 0 '" '" o o aJ Q \ C. , '" ... JI ... '" '" ... ~ '" Z :::J 0 ~ ü Z :::J 0 DYOII ]lf1 ~'1: () a: w I > « ä: ¡ ... & ~ z =t = ... ¡::: .. ! I =t a: '" 5 .,...,,- avo. HOL'1IrI) <t: Z '" ::2: <t: 0 N" -- ~ .' ~ ~ ... .. ~ ... ... ! .. '" .. ; ./ , -,.4-'*"-- ..~.. ~, ,,~ , $ K 1 $ 'S 1 AlNn08 3380H833>10 , ,. A Petition of ~an Oasis, to approve a 12-month extension for 'ðJ approved Planned Unit Development. Atlantic Ocean BCC 02-004 5Jr.Á~ ~~~ GJ~ > 4~~ Map prepared March 25, 2002 f vZ~ This. pattern indicates subject parcel TtiIIInlPI'Iu~ranpIad"'Qll'WlllplrnnglR:l~~onIV. N 'MIIII...,.tort'-t..tmØb~hmDM__lI'ICI___ ~pgIRbII.II"natlnw\Oldlor_.I~bndirG~ \w Ocean Oasis ...., Land Use BCC 02-004 1/77 / ~ This. pattern indicates [LLLL..d subject parcel Atlantic Ocean Indian River 5Þr4~ ~~, q~ ~"'~ Map prepared March 25, 2002 '"'* mIp.... t.m ~ tDrOlßd~ n '*- ~ 0f'I0/. N =:=:-.~=:s:= ::.~~ ==- '-" Ocean Oasis ...,¡ Zoning Atlantic Ocean .' " BCC 02-004 1/77 / ~ This. pattern indicates [LLLLJ subject parcel 5gr 4~ ~~~~~ ~ -=-<:>"~-- Map prepared March 25, 2002 =. ":,y t..rbt~ ~ ~ :--¡xMå~ ':::':c, "':::. OHI. InIonnIIonØCMilt*...notlnlondedb'UM....~bindino¡¡cIoo..rnort t ~ N ~ Ocean Oasis ...." BCC 02-004 V 7 7 / A This. pattern indicates ~ subject parcel 5ìlT /t"!Øie ~~ c¡!~ ~>~ Map prepared March 25, 2002 Tt-.~_t..1~b~~n"""""~", N ='=:I~~==.~~:::::' '" ( C' .::.- ......, BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR April 5, 2002 In accordance with the St. Lucie County Land Development Code, you are hereby advised that OCEAN OASIS, has petitioned St. Lucie County for a l2-month extension of an approved PUD (Planned Unit Development) for the following described property: Location: 4900 Ocean Drive. THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The public hearing on the petition will be held at 7:00 P.M.., or as soon thereafter as possible, on Tuesday, April 16, 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 561/462-1960 if you have any questions, and refer to: File Number BCC-02-004. Sincerely, C'.~ LUCIE CO~NTY BOAI9? OF COMMISSIONERS ~' ~ V///)-' '~'z./ , . . .... '. .t¿" .../.2!^-7 fiva..¿... c/( Z ~ð -_.. Doug CoW'ard, Chairman " : JOHN D. O~UHN. District No.1' DOUG COWA~D. DIStrict No.2' PAULA A LEWIS. D'srricr No. J . FflANNIE HUTCHINSON. District No 4 . CLIFF OA~NES. District No.5 County Administroror - Douglas M. Anderson 2300 Virginia Avenue . Fort Pierce, FL 34982-5652 Administration: (561) 462-1590 · Planning: (561) 462-2822 . GISlTechnical Services: (561) 462-1553 Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fax: (561) 462-2132 ". ~i I· ... ST:LUCI€ COUNTY BQARD OF COMMISSIONERS . 'PUBLIC HEARING AGENDA April 16..2002 TO WHOM IT MAY CONCERN: NOTICE h . hereby given ;0 oeca,-dance .....ilh Section 11 ,OO.OJ of the 51. Lucie Counly land Development Code and in accordance with the rrovisions of the 5,. Lucie (oullty Compn:lu:!lISive Plol1, Ihut till] f{)lluwing applicoolls hovc rcqlJ('~h:-d thol the St I uC'" C ,)"nly f\')<lni of (011"''1\ sÎonen cmnirlcr fheir foHo""ill~~ 'equesh I, BAKUl PATH. for 0 Change in Zoning from the AR (Agriculluraf, Rcsider'¡iul - ! du/ucrcJ luning District to the RM·5 [Residential, Mulliplc.fullIily - 5 du/acreJ lOll jog District for the Following described propertr lOTS I, 8. AND 9 OF BLOCK 1 OF MODEL lAND COMPANY'S SUBDIVISION location: Southwest Comer of IIH:J ir]teJ~edion of Kings High_oy and Research Center Rood, 2. CHARLES D. VELIE, fQt a Change in Zoning from tile AG~5 (AgriculluH11 - I dIJ,IS <'lues) Zoning Districl 10 the Rf (Religious Facilities) Zoning DiSltict for the following described pc apec ty: BEG AT SW COR Of NW 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 , EAST. RUN N 132 FEET, THENCE E 330 FEET, THENCE S 132 FEET THENCE W 330 FEET TO POB - LESS RD AND DRAÍNAGE CANALS (0.8' Aq Location: 180 North Header Canal Road. 3. WIlliAM P. CLARIZIO. for a Waiver from· Section 7.10,11 (A) of the S..tucl. County Land Dø.elopmenl Cod. , to allow for Ihe sale o~ alcoholic bever~s as an ocœs· socy ùse to a: restaurant, within 1,200 feet of a religious facility4 Khoot, public parle:, .or public playg~nd in the CG(Commeic:icl; General) Zoning District, for the follow- i~.~Wi~.pro~, ~ . SECTION" 03. ToWHSIP 36· SOUTH, RANGE .OÙST. THA{.pART OF.,SE I}' OF·SE 1/. OF NW 1/., FROM SE CORNER OF NW 1/4 RUN NORTH 0°01'03" WEST 69,62 FEET, THENCE NORTH. 89°23'02" WEST 70 FEET I TO THE POINT OF BEGINNING.· THENCE CONTINUE NORTH 89°23'02"WEST 228.0' FEET. THENCE NORTH I '0"36'38- EAST ISO FEET, THENCf SOUTH 89"23'02" EASr226 fEET, THENŒ SOUTH 0002'Q3" EAST I~O.QI .... FEET TO' THE POINT Of' BEGINNING (0.9' ACRES) . (MAP' 3./03N) (OR 1 236·220S) (TAX I.D, No. 3'03-2.'.0000,010/9) . locati9n: 4999 SourhU.S.Highwoy No. I. 4. PAMÊlAPERKINS, to Define a Class "A- Mobile Home as' C.' 'Detached Single-Family Dwelling Unit In the AG·5 (Agricultural - 1 du/5acres) Zoning District for the follow. ing described pro~rty: THE NORTH 200 FEET Of THE SOUTH 630 FEET OF THE W~&.T ON,E,HALF OF SECTION 3.. TOWNSHIP 36 SOUTH. RANGE 3S. EAST. LESS THE W~ST 100·FEET THEREOF, Sf. LUCIE COUNTY. fLORIDA. locotiOC\; 9346 Carlton Rood. .. """" r 'S,OCEAN, OÁsI~t 10, wove a ~~~mo~th ex-tension of an r...........' ,:9ppa"OIfed):'UOjPfóÕf:led .Unit ~opment) for the follow. ,jng4èscri&edpr~perty:~-:· ~ ."."" . - ..." "":.',. ,.' ." . AREPLAT OF GLOUCESTER TOWN, PLA T NO. ONE AS . RECORDED IN PLAT BOOK 35, AT PAGES 20 & 20A OF THE PUSLlC RECORDS OF Sf. LUCIE FLORIDA BEING MORE PARnCUlARl Y DESCRIBED AS FOllOWS; BEGINNING AT TH( INTERSECTION Of THr' fAST f RIGHT-Of·WAY LINE or STATE ~ü¡\D ¡\.I-A [A 100 FOOT RIGHT·Of-WAY\ ^N:J fttf SO!JTiI tlN[ OF 1Hf NORTH 3.000 fEU o'F Sr'CT10N. :17,_ r()W'~JSlllf:. ]~) I ¡. SOUTH, ;:,\N(;~ ,11 (:/'Òl \] , (~)IJi'n'''' I,¡f: DA RUN NORTH n"<10'Ji Wt:SI. "LOtn; TIn: CAST RIGHT-OF_WAY or SfA,r: ~OA() ;\·1-';, /~ l);SIANCE 1 Of 463.00 FEU fa A rOtrH; TiHr·Kf ¡':IJN NDRTH 67°19'29" EAST A DISTANCE Of 7'; fJO F~'[l f() ^ POINT; ìllENCE RUN SO~HH 22 ',:O'J I" [,\ST A 1):5 TANeE OF 25.00 f!::!::T TO ^ POINT; :!L>.JCE RUN NORTH 67°19'29" WEST A DISTI\NCf OF 10.00 FETT TO A POINT; THENCE RUN NOIOH 22"40'31" WEST A DISTANCE OF 80_00 FEET TO A POINT: THENCF RUN NORTH 6;019'29" WEST A DISTANCE OF 9000 FEET 10 A POINT; THENCE RUN SOUTH 2:2"40'J i A DiS TANCE OF 30_00 FEET TO A POINT; THENCE PUN NORTH 67")9'29~ tAST ^ DISTANCE Of 71.12 FU:T, TO A POINT; THENCE ,iWN SOUTH 24',)[r:;4'" EAST A' DISTANCE OF 10.51 FHT TO A POINT; TH~NCE RUN NORTH 65°31'36" EAST A DISTANCE Of 245.49 FFET TO A POINT ON THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN; (THE N:XT 8 COU~SES RUN ALONG SAID MEAN HIGH WATER LINE) THENCE RUN SOUTH 23°56'20" EAST A DISTANCE OF 23.30 FEET TO A POINT; THENCE RUN SOUTH 23°45'3S' EAST A DISTANCE Of S7.92 FEET TO A POINT, THENCE RUN SOUTH 25°'6'19" EAST A DISTANCE OF SS.S2 FEET TO A POINT, THENCE RUN SOUTH 24°41'45'" EAST A DISTANCE ÓF 175,90 FEET TO A POINT; THENCE RUN ,SOUTH 24~W05- EAST A DISTANCE OF BS.74 fEET . .TO·A POINTiJHENCE RUN SOUTH 25°52'OS- EAST A :DISTiNCE Ö~..92.96 FEET" TO A POINT; THENCe RUN ·SOUTH 2,05B·~3"". EAST A DISTANCE Of 92.1' fEEI TO.A POINT; THENCE RUN SOUTH 25°'I'OS" EAST A ,DISTANCE Of 29,6' FEET TO A POINT OF INTERSEC, ;TlO,,! WITH SAID MEAN HIGH WATER LINE AND THE SOUTH'LlNEOF· THE NORTH 3,000 FEET OF SECTION 3i TOWNSHIP.3S SOUTH, RANGE ·'1 EAST, ST. .LUCIE COUNTY. flORIDA; THENCE RUN SOUTH S9°~B'26" WEST, AlONG SAID SOUTH LINE Of THE NORTH 3 ODD fEET A DISTANCE OF 506,'8 FEET TO THE EAST ;RÍC¡HT,of,WAYilNE OF STATE ROAD A·I~A AND THE POINT OF BEGINNING. ·PARCEL.CONiAINS 6.0' ACRES. '. ,. ';"; ·loéotion:~900 Ocean Drive, {East Side of South A.1.A, approximately' 3 miles Jouth of the Sf, Lucie County . N~1~r .~cwer Plont) PUBLIC HEÂRINGS will be held in Comminion Chambers. Roger Poitras ArmeJl;, 3rd Floor, St. Lucie County AdminiS4 trotion' Building, 2300 VIrginia Avenue, Fort Pierce, Florida on April 16, 2002, beginning at 7:00 P.M. or os soon thereafter as possible. PURSUANT· TO Section 286.0105. Florida Statutes, if a person çIec~ to- appeal ~y .decision mode by a boord, ogency. 0( comminion ,with respect ·to any mot1er conJid. ered at· a meeting or hearing, he wiU need 0 record of the proceedings,. and that. fO( Juch purposes, he may need to ensure that a ."erbolim record of tf1e proceedings is mode, : which record -includes the testimony and evidence upon . which the appeal is 10 be based. BOARD OF COMMISSIONERS ST. LUCIE COUNTY, FLORIDA IS/ Doug Coward, CHAIRMAN . PUBLISH DATE, Apdl 5. 2002 23958S0 .._~ .;.: '[. I ~~¡I~ 3 3 ~~~~òci ~'r~ ¡! : i ¡ [ ~ ~ ~I:lj~l:~r ~ , I; 1 ' I , I i I I , ! , I . I I : - - - -'~:~¡-:-I- -,- - - - - - - - - _j_:_;_i_i_l_j_ _ _ _I ~...~. ~ ~~:~L~;:8!~,~,~,~~ ~ ~ ~,~,~ ~ ~~L~,~¡~L~i::g¡~¡:8~~,~ I "f.,.~ 00 "" "" 00 00 ~~ ~' <') 00 ~ glgJ3:~lg gjg "" <') ""I M f"') ("f') ("1'1 00 OOOOM 000000 ~v~"'~~~ "" <'I !.J . :~ i~'1 ,i I' ¡i ~q :1 ~ .... 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BOARD -OF couNfT)' COMMISSIONER$ MEETING ~ 04/12/02 F'7ZŒWARR FUND 001 001124 001139 001140 001143 001145 001147 001243 001265 001269 001271 001809 101 101003 101006 102 102001 102104 103 105 107 '001 .002 107003 107132 111 112 113 114 115 116 117 118 119 120 121 122 123 126 136 138 139 140 140001 160 183 In,OOl 002 '-' ,."" ST. LUCIE COUNTY - BOARD WARRANT LIST #28- 06-APR-2002 TO 12-APR-2002 FUND SUMMARY TITLE General Fund FTA USC Section 5307 FY 99/00 FHA Transportation for 21st Century Section 112/MPO/FHWA FY01/02 Health & Human Srvcs CSBG FY01/02 IMLS/2001 Conservation Assessment NOAA/FDCA Adopt-A-Beach Childern's Environ. Learning Center TDC Planning Grant FY01/02 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 Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Pedestrian Coordinator Law Enforcement MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper FDLE OBTS Electronic Transmission River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sheraton Plaza Fund Sunland Gardens Fund Sunrise Park Fund Paradise Park Fund Holiday Pines Fund The Grove Fund Blakely Subdivision Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Palm Grove Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat EXPENSES 475,452.03 268,694.00 27.26 4,198.77 4,982.71 514.00 132.99 570.38 582.82 88.30 101.62 90.94 47,982.55 1,552.67 1,173.97 22,145.85 6,353.74 93.81 2,771.62 150.31 548,712.62 604.41 17,340.29 12,065.87 167,975.00 74.30 11.56 5.80 1. 09 11.18 13.04 3.34 17.45 21.62 3.58 2.39 28.71 8.45 3.77 37.81 3.04 15.03 7,372.81 32,898.63 1,388.37 780.92 199.22 535.00 PAGE 1 PAYROLL 429,256.89 0.00 356.40 4,306.84 1,204.57 0.00 0.00 0.00 829.09 1,188.80 1,364.80 1,188.80 104,154.88 0.00 0.00 47,369.52 3,723.80 1,226.40 0.00 2,131.20 86,188.14 829.15 3,694.88 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 9,564.02 0.00 2,402.00 4,413.74 1,115.38 0.00 04/12/02 F7Z1J3WARR FUND 183004 183106 183210 183211 183214 185002 205 215 242 282 310002 316 401 418 421 441 448 449 451 458 461 t! <, 479 491 505 505001 611 625 650 '-'" '. ST. LUCIE COUNTY - BOARD ~ WARRANT LIST #28- 06-APR-2002 TO 12-APR-2002 FUND SUMMARY TITLE Ct Admin.- Teen Court Domestic Relations Hearing FYOO-03 Courts Admin. Civil Traffic Infrac Civil Traffic Infraction officer st 01/02 OSCA Civil Traffice Infractio SHIP Housing Assistance FY 01/02 Beach Bond I&S Fund 5-Yr Bldg Bond Anticipat.I&S Fund Port 1&8 Fund Environmental Land I&S Fund Impact Fees-Parks County Capital 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 8H 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 Law Library Agency Fund GRAND TOTAL: EXPENSES 214.86 6,312.48 72.48 16.52 1,971.00 2,503.74 1,865.01 1,661.60 84.34 4,561.77 2,861.67 30,799.00 105,070.91 9,335.62 7.89 5,008.61 1,073.19 3,781.20 1,193.05 53.69 42,523.15 869.47 35.44 21. 61 5,810.48 489,043.10 134.64 415.34 5,520.00 15,109.68 2,365,727.18 PAGE 2 PAYROLL 2,874.62 0.00 0.00 0.00 0.00 1,421.89 0.00 0.00 0.00 0.00 0.00 0.00 36,015.16 20,296.74 125.13 4,272.94 1,945.82 2,948.14 2,313.29 2,451.23 13,757.22 3,142.02 1,299.81 659.16 23,312.19 2,756.26 1,760.03 5,571.11 0.00 0.00 833,432.06 ~ AGEJlûA RECüEST "-' ITEM NO. .{!- 2- DATE: April 16, 2002 REGULAR [ ] PUBLIC HEARING [ CONSENT [XX ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan Kilmer SUBMITTED BY (DEPT): Library SUBJECT: St. Lucie West Library - Contracted SerVices BACKGROUND: St. Lucie County has been a partner with Indian River Community College and Florida Atlantic University to provide Branch Library services in the St. Lucie Wëst community since 1995. The funds for this endeavor have been traditiónally allocatted within the Library's special account derived from State Aid to Libraries grant funding. This budget year funds were also allocatted within General Rëvenue for these services. FUNDS AVAIL. 105-7115-534000-7950 001-7110-534000-700 PREVIOUS ACTION:.. The Board of County Commissioners entered into an agreement with Indian River Community College to provide public library service in St. Lucie West, These services have been ongoing since 1995 with contract #C95-08-592 RECmit~ENDZ\'}'ION : Staff reco~~nd~approval of expenditure of $147,947 for Contracted Services of the St. Ltiéie West Library. Staff recommends that the County Administrator be authorized to sign the purchasing requisition for payment of services to Indian River Community College. COHMIssrOH ACTION: , X F_PPRO'lED 'JTHE}, : DENIED XJ{:c~~~y A~~o~ney: -~--- ?eviE::1,.r 2nd Þ.c,:";'J!;"0\!al.s _ 1td-n XXv.çt. -:. B'Jd9~~~-~:d 4..'---"4~ Otiìf=!:" : Purcha.s:¡¡q: XXO.:igina-:.i!ìç; ùË:)1:. ~ -------,-"._--~- O-rfiO":: ~~:na;~ce: (Che::k lO!' copy or:l-:/, if ¿p;:-licablE"::;: -------- '-" ~ MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Board of County Commissioners FROM: Susan Kilmer, Library Director ~ /3 . ~ DATE: April 9, 2002 SUBJECT: St. Lucie West Library ****************************************************************************** The Board of County Commissioners entered into an interlocal agreement with Indian River Community College in 1995 to provide Library services in a branch capacity on the St. Lucie West Campus ofIRCC. The St. Lucie West Library is a three (3) way usage facility with students from Indian River Community College, Florida Atlantic University and the general public having access to all ofthe technology and collections available through this site. The Library Department, through the State Aid to Libraries grant, provides funding for two (2) full- time staff members as well as operational funds on an annual basis. During the budget review session in 2001 it was also agreed upon that the BOCC would provide additional funding for IRCC out of general revenue. This fiscal year the amount agreed upon to provide these services is $189,034 with $147,947 paid directly to Indian River Community College and $41,087 for the book rental collection, audio book collection, reference books, subscriptions and communication costs paid directly to the vendors. This cooperative venture has been a win-win endeavor for the residents of St. Lucie County, with the access to advanced technology, on-site computer training; and a diverse collection ofrnaterials for the use ofthe general populace. The statistics continue to show that the greatest use ofthis facility does come from the general population - so for the money spent the County is getting an excellent return on their investment. Indian River Community College and Florida Atlantic University opened their new 2+2 campus on January 14,2002 with the library being on the three new buildings constructed. Discussions have begun in regards to the equity ofthe costs for operation of the facility and we should see a new draft agreement presented for coming fiscal years. We look forward to our continued cooperative library service in this community. '-" ..., S1. Lucie West Library Budget 2001-2002 Salaries & Benefits Books* Subscriptions· Communications * Landmark Audio Books* Equipment* Postage* Other (supplies, utilities, etc) $127,947 28,746 3,200 5,068 1,800 2,223 50 20.000 $189,034 Funding for S1. Lucie West Library State Aid to Libraries grant funds County General revenue funds $130,534 58,500 Items marked with an asterisk (*) are paid by the Library for S1. Lucie West, remaining items are paid directly to Indian River Community College ($147,947) .', '-..\ "'" ...., AGREEMENT bet\wen INDIAN RIVER COMMUNITY COLLEGE and ST. LUCIE COUNTY relating to THE PROVISION OF UBRARY SERVICES AT ST. LUCIE WEST This Interlocal Agreement is made by and between the DISTRICT BOARD OF TRUSTEES of INDIAN RIVER COMMUNITY COLLEGE, (hereinafter referred to as "Trustees") and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County") to provide a joint use library. WHEREAS, Trustees own real property including a 10,000 square foot library building at the St. Lucie West Campus; and, WHEREAS, it is Trustee's desire to provide full library facilities for its students and faculty at the St. Lucie West Campus; and, WHEREAS, it is County's desire to provide branch library services in the St. Lucie West area as part of the St. Lucie County Public Library System; and, WHEREAS, the parties hereto have determined that it would be to the mutual advantage of each and in the best interest of both the citizens of St. Lucie County and the faculty, staff, and students of Indian River Community College to provide for the joint use of library facilities. 1 " , " '-r 'WI NOW, THEREFORE, in consideration of the mutual advantages accruing to the parties and the benefits, promises, and considerations hereinafter set out, Trustees and County agree as follows: \. PURPOSE AND INTENT Trustees and County wish to maximize the use of their respective resources and to provide state-of the-art information services for the students and faculty of Indian . River Community College and the residents of S1. Lucie County. It is further the intent of the parties: A. To provide high quality library services to the public at large and to the faculty and students of the College. B. To maximize the use of funds and facilities for libraries and avoid unnecessary duplication of facilities and services. C. To jointly provide programs and facilities that are better than either entity could provide on its own. D. To further the relationship between College and the community. E. To provide students and faculty of the College with access to the larger holdings of the Library. F. To provide the citizens of St. Lucie County with access to the electronic resources of the College. II. ROLE OF THE PARTIES ~ In consideration of mutual covenants and promises herein contained, Trustees and County agree as follows: 2 '-' ....., A. County agrees to provide funds to Trustees in the amount of $118,939 for the purchase of equipment, shelving, books, subscriptions, audiovisual resources, supplies, utilities, and support one full-time staff position including benefits. The 1994-1995 budget to accomplish these ends is attached and hereto referred to as Exhibit A. For fiscal year 1995-96, County agrees to provide funds to Trustees in the amount of $50,000 for the purchase of books, subscriptions, audiovisual resources, supplies, utilities, and additional funding to support one full-time staff position including benefits. B. For future fiscal years, the parties agree to meet on or before February 1 of each fiscal year beginning February 1, 1996 to confer and develop a proposed operating budget. Trustees agree to provide County within ninety (90) days following the end of each fiscal year evidence of expended funds provided and receipts -- supporting those expenditures. C. County agrees that the responsibility for the administration of the shared resources center rests with the College's Learning Resources Director. D. County and Trustees agree that a joint liaison committee wili be established consisting of representatives of the two institutions to examine the shared resources operation and advise the Director on budget, acquisitions, and other aspects of the joint use library operation. E. Trustees agree that equipment and maintenance thereof will be the ."", responsibility of the Trustees except that County will be responsible for the SIRSI on-line catalog terminals and peripherals. 3 c. ,. '-" ...I Trustees agree to inventory and advise County of any and all library materials, equipment and furnishing purchased with County funds. Trustees agree that F. County will control the selection and purchase of books and materials by County for the library. G. Trustees will house within existing library facility mutually agreed upon collections or newly purchased library materials that County deems necessary to support the residents of County. H. Trustees and County agree to provide reciprocal borrowing for residents of 51. Lucie County and the faculty and students of the College. I. Trustees agree to circulate County's library materials on County's circulation system. J. Trustees agree to provide County access to the College's electronic resources. K. Trustees and County will mutually agree upon a wiring infrastructure that will accommodate the library automation systems in use at the 51. Lucie West library facility. L. Trustees agree to be responsible for damages to County's designated equipment and to give proper notification to County when equipment needs normal maintenance or basic service occurring during the periods County's designated equipment is used by Trustees. .~ 4 · " \w ( .., M. \I\k1en fully operational, Trustees agree to open the library for public use during the following minimum hours: Monday through Friday 9:00 a.m. - 5:00 p.m.; two nights each week until 8:00 p.m. and from 9:00 a.m. - 12:00 p.m. on each Saturday. N. In the event of discontinuance of funding by the Florida Legislature in subsequent years, or the termination of this contract, the SIRSI library system and rental book collection shall revert to County. All other items shall become the property of Trustees. O. County agrees that Florida Atlantic University will participate in the shared resources center. All parties participating agree to the conditions necessary to maximize access to the information resources provided by each institution. III. TERM: TERMINATION This Agreement shall be effective for a period of twenty (20) years beginning July 1, 1995; provided, however, that either party may elect to terminate the agreement with or without cause on 120 days written notice of said termination. Funds involved in said agreement shall be prorated through the date of termination. IV. AMENDMENT This agreement may be amended by written agreement of the parties. V. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic .~ communication) and shall be (as elected by the person giving such notice) hand delivered 5 '-' ...., by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to: As to S1. Lucie County: Vllith a copy to: S1. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 S1. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Trustees Vllith a COpy to: President Indian River Community College 3209 Virginia Avenue Fort Pierce, Florida 34982-5596 IRCC Board of Trustees Attorney 311 South Second Street Fort Pierce, Florida 34950 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. VI. AUDIT The parties agrees that either party or any of its duly authorized representatives shall, until the expiration of five (5) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the other party involving transactions related to this .~ Agreement. 6 , " '-' .."" VII. PUBUC RECORDS The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. VIII. ASSIGNMENT No party shall assign this Agreement to any other persons or firm without first obtaining the non assigning parties' approval. IX. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS BY: ~ . -...\ BY: 7 , . -- ,~. . "-' ...." ATTEST: BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE ~~ ( ~~~~SEY PRESIDENT BY: APPROVED AS TO FORM AND CORRECTNESS BY: . /)f~;(L ATTO Y - .,"'" 8 '" ........ Agenda Request Item '...lIiber ~ate: c.. '3 c,,-" April 16, 2002 Consent Regular Public Hearing Leg. [ ] [ X] [ ] [ ] Quasi-JD [ SUBJECT: ,~~ i y Development Director Request of James Fowler, Agent, for an exemption from Section 11.02.09(A)(5), St. Lucie County Land Development Code requiring the preparation of an Environmental Impact Report for the Header Ranches Subdivision - Minor Site plan. I, /\ To: Submitted By: Board of County Commissioners Community Development Director BACKGROUND: The proposed Header Ranches Subdivision site is located at the northeast corner of the intersection of Header Canal Road and Goldsmith Road. The site contains an old citrus grove. According to the applicant and upon field check there is no apparent native canopy vegetation located on this site. This site contains no unique or special habitat. There are no wetlands on the site. County Staff has visited the site and did not observe any threatened or endangered species. \ "-" FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the request of James Fowler for relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code for the project to be known as Header Ranches Subdivision MMISSION ACTION: GLJ APPROVED D OTHER DENIED County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: -. v ...", Commission Review: April 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Dennis Murphy, Community Development Director DATE: April 9, 2002 SUBJECT: Petition of the Header Ranches Subdivision for relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code - Environmental Impact Report (EIR). The developer of the Header Ranches Subdivision is proposing to construct a six-lot residential subdivision located on a 38± acre parcel of land at the northeast corner of the intersection of Header Canal Road and Goldsmith Road. The developer of the Header Ranches Subdivision is requesting that the Board grant relief from a portion of the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code (LDC). Section 11.02.09(A)(5)(e) requires that all site plans with a land area exceeding 10 acres in overall size include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The proposed Header Ranches Subdivision is located within an old citrus grove. The grove is no longer in production. The site contains no unique or environmentally special habitat. There are no observed wetlands on this site. The site has no known habitat for any threatened or protected species. Staff has visited the site and did not observe any threatened or endangered species. Staff recommends approval of the request of the Header Ranches Subdivision for relief from the requirements of Section 11.02.09(A)(5) of the Land Development Code. If you have any questions on this matter, please let us know. .' DJMI Projects\Header Ranches\ EIR WAIVER\ EIR-MEM.v..pd cc: County Administrator Ass't County Administrator County Attorney Jerry James James Fowler File ~ To: Submit1ed By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X] APPROVED D OTHER County Attorney Originating Dept.: Finance: ......... ..,., Agenda Request ~3b Item Number Date: April 16, 2002 Consent Regular Public Presentation Leg. [ [ X] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development ted By Road Contribution and Construction Agreement for thE0 provements to Prima Vista Boulevard associated with the development of the Pine Summit Apartment Attached is copy of a Road Contribution and Construction Agreement for the improvements to Prima Vista Boulevard associated with the development of the Pine Summit Apartment project. On September 11, 2001, this Board, through Resolution 01-133, approved the development of a 320 unit apartment project to be known as Pine Summit Apartments. This project is located east of South US #1, just to the northeast of the intersection of Prima Vista Boulevard and South US #1. Among the condition of approvals associated with this project were requirements that the developers extend Prima Vista Boulevard from the end of the planned improvements associated with Prima Vista Crossings Shopping Center to an through the projects (Pine Summit) frontage. The attached agreement, addresses the options of the developers of this project to seek road impact fee credits and potential reimbursements through the Lennard Road MSBU for any improvements to Prima Vista Boulevard that are above and beyond those required by the Pine Summit project. This agreement is consistent with the agreements approved by the county with the developers of the Prima Vista Crossings Shopping Center in late 2001. Staff recommends approval the Road Contribution and Construction Agreement with Pine Summit LLC as it relates to the construction of Prima Vista Boulevard, east of South US#1. D DENIED , uglas M. Anderson ounty Administrator Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (AGEND623a) ...1 COMMISSION REVIEW: Apri/16, 2002 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of County Commissioners FROM: Community Development Director DATE: April 10, 2002 SUBJECT: Road Contribution and Construction Agreement for the improvements to Prima Vista Boulevard associated with the development of the Pine Summit Apartment Attached is copy of a Road Contribution and Construction Agreement for the improvements to Prima Vista Boulevard associated with the development of the Pine Summit Apartment project. On September 11, 2001, this Board, through Resolution 01-133, approved the development of a 320 unit apartment project to be known as Pine Summit Apartments. This project is located east of South US #1, just to the northeast of the intersection of Prima Vista Boulevard and South US #1. Among the condition of approvals associated with this project were requirements that the developers extend Prima Vista Boulevard from the end of the planned improvements associated with Prima Vista Crossings Shopping Center to an through the projects (Pine Summit) frontage. The attached agreement, addresses the options of the developers of this project to seek road impact fee credits and potential reimbursements through the Lennard Road MSBU for any improvements to Prima Vista Boulevard that are above and beyond those required by the Pine Summit project. This agreement is consistent with the agreements approved by the county with the developers of the Prima Vista Crossings Shopping Center in late 2001. Staff recommends approval the Road Contribution and Construction Agreement with Pine Summit LLC as it relates to the construction of Prima Vista Boulevard, east of South US #1. If you have any questions, please let me know. DJMI pinesummiUoad conCmemo1 (h) cc: County Administrator County Attorney Public Works Director '-" -..I ROAD CONTRIBUTION AND CONSTRUCTION AGREEMENT (Pine Summit Apartments) This Agreement made and entered into this _ day of LUCIE COUNTY, a political subdivision of the State of ("Developer). , 2002, by and among ST. Florida ("County"),and Pine Summit, LLC, RECITALS WHEREAS, Developer is the owner of certain property located within St. Lucie County as more particularly described on Exhibit 1 attached hereto and made a part hereof ("Developer's Property"). WHEREAS, On September 11, 2001, this Board through Resolution 01..133 approved the development of a 320 unit apartment project to be known as Pine Summit Apartments ("project") as more particularly shown on the site plan attached hereto as Exhibit2(~iteplan). WHEREAS, In order to complete the Proj~Ct, it is necessar;ytCl.construct a portion of Prima Vista Boulevard by making certain roadway imp~H"ementsa$ shownônfhéSite Plan ("Prima Vista Boulevard Improvements"). WHEREAS, County is the legal entity responsible for the construction and maintenance of Prima Vista Boulevard a~qdesires all partiestoexecute an~gr~~ent to insure the construction of the Prima Vista Boulevard:J;mprovements ançthec:9tnpliance with the provisions of this agreement. NOW, THEREFORE,Jorand in cons.id.::ration of these premises, the mutual undertaking and conditions contained and assumed herein, thereFêipt and sufficiency of which is hereby acknowledged, the Developer and the Coul1tyhereby covenånt and agree as follows: 1. Recitals. The recitals contained herein above are true and correct and are incorporated herein by reference. 2. Responsibilities. , 2a. Improvements. The Prima Vista Boulevard Improvements shall include all component parts thereof, including the dedication and/or conveyance of the land underlying same, and all other appurtenances as shown upon the approved plans for the construction of the Prima Vista Boulevard Pine Summit Apartments/ Prima Vista Boulevard Road Contribution Agreement IIprìl16, 2002 Page 1 '-' .-..,,¡I ~; ~'", 1)\.., I Improvements. 2b. Design. Developer shall cause its professional engineers, registered in the State of Florida, to design the Prima Vista Boulevard Improvements in accordance with all applicable regulations, standards and specifications. Such design shall be fully subject to the approval of the County Engineer and shall conform in all respects to the written criteria of the County governing road construction ultimately to be accepted by County for ownership, operation and maintenance. County reserves the right to charge reasonable fees commensurate with the costs to County of reviewing such engineering plans and furnishing to Developer's engineer information regarding same. All such plans shall be subject to the approval of any agencies having jurisdiction over the design and construction of the Prima Vista Boulevard Improvements. (The plans, once approved, are hereinafter referred to as the "Approved Plans".) 2c. Construction. Developer will construct the Prima Vista Boulevard Improvements in accordance with the Approved Plans utilizing a licensed general contractor. The form of the contract for construction shall be a standard AIA form. The contract will provide that the Contractor shall provide a public construction bond in accordance with Section 255.05,Florida Statutes. County shall have the right to inspect all of the Prima Vista Boulevard Improvements, andtocausethe Developer's engineer to conduct tests thereon, as construction progresses to. assure CountythatithePrima Vista Boulevard Improvements are constructed in accordance with the Approved Plans andarefurther consistent with the criteria and specifications governing the qualityal1dkh'ld()fcol1~truction.If requested by the County, the Developer's engineer of record and/or theCounty's ~ngil1ee 'ol'autho,.ized inspector shall be present at all tests pertaining to the Prima Vista Boulevard Impr()vement~,<øoÜnty reserves the right to charge an inspection fee not to exceed 1'ro of the co.st of the cOl1structionofPrima Vista Boulevard Improvements. County reserves the right to charge Developer the applicable permit fee for road construction and recording costs. ".-, ','.""-,"-" 2d. . Costs. Developer shall maintcilmªççgråtecost records of all professional fees (including legal, surveying,title, anderigineeril'1g fees) ål1êl'nUconstruction and other costs reasonably relating to this Agreement and the PrimaVistaBoufevard Improvements (collectively, the "Costs"). The Costs shall include reimbursements to the County for plan review fees, inspection fees, permit fees and similar reimbursements under this Agreemeot.The Costs shall be furnished to the County contemporaneously with, and as prerequisite for,the acceptance by County of the Prima Vista Boulevard Improvements. 3. Road Impact Fee.Credits Pursuant to the Code of Ordinances of St. Lucie County, Florida, the County shall provide to the Developer, credits against County road impact fees (collectively, "Road Impact Fee Credits") up to the Coststhe Developer incurs in connection with the Prima Vista Boulevard Improvements, less an allowance fortripsgeneratedby the development. The Road Impact Fee Credit, shall include the value of the land contributed on the following basis: .- . The greater of the following (if applicable): 3a. 120'r. of the value as assessed for ad valorem tax purposes by the Office of the Property Pine Summit Apartments/ PrÎma Vista Boulevard Road Contribution Agreement April 16. 2002 Page 2 '-" ~ Appraiser of St. Lucie County; or 3b. The value as determined by virtue of the Independent Property Appraisal, subject to the Required Property Review Appraisal, as provided by the applicable ordinances of St. Lucie County. If the Developer does not institute the valuation process as contemplated in (b) above, the value as provided in (a) above, shall establish the fair market value for the property to be dedicated. Any Road Impact Fee Credit authorized by the Board of County Commissioner for St. Lucie County shall be done consistent with the requirements of Section 1-17-33.1 of the Code of Ordinances for St. Lucie County. To the extent that there are sums not so credited because the Costs and land values exceed the amount of road impact fees payable by Developer ("Credit Shortfall"), the Credit Shortfall shall be subject to further reimbursement as set forth below. 4. Refundable Advances. To the extent that the Developer is entitled to Road ImpactFeeCredits and the same are not credited, to the extent of the Credit Shortfall, the Developer shall be entitled to a contingent refund of such sums based upon the future utilization of the Prima Vista Boulevard Improvements by persons, firms or corporations owning and developing properties located between the intersection of Lennard Road and Prima Vista Boulevard and the eastern boundary of the Prima Vista Boulevard Improvements ("Future Users"). The County and the Developer shall execute a Credit Agree",ent providing that the Developer shall, to the extent of the Credit Shortfall, be paid the road itnpactfees paid by all Future Users. The term of this obligation shall be limitedto ten (10))'èO.rs after/the date of conveyance of the Prima Vista Boulevard Improvements to the County. Notwithstanding the/forgoing, if a Municipal/Service Benefit Unit ("MSBU") is created which includesthêPJjifuClYista BO(jI¢Vcírd;rmprovements, the Developer's property shall be included in the MSBU and the MSlil.1 shall immediatel}' Jay the Credit Shortfall. 5. Notice. Ul1til further writtennofice by either party to the other, all notices provided for herein shall be in writing and transmitteètby",essênger, by mail or by telefax and, if to the Developer, shall be mailed to Developer at: as to Developer: Martin Kartzmark Pine Summit LLC 7440 South Federal Hwy. Port St. Lucie, Florida 34952 .' " and if to the County at: St. Lucie County c/o County Attorney's Office 2300 Virginia Avenue Pin~ Summit Apartmentsl PrÎma Vista Boulevard Rood Contribution Agreement April 16, 2002 Page 3 ~ ...." Fort Pierce, FL 34982 6. Recordation of Agreement. This Agreement shall be recorded in the Public Records of St. Lucie County, Florida. 7. Remedies. In the event of a default hereunder, the non-defaulting party shall have all remedies ot law or equity, including the remedy of specific performance. In the event of any litigation relating to this Agreement, the prevailing party shall be entitled to recover all expenses and costs incurred, including reasonable attorney's fees and paraprofessional fees, including, but not limited to, appeals, bankruptcy and collection. 8. Time of Essence. Time is of the essence with respect to each provision of this Agreementwhich requires that action be taken by either party within the stated time Period,orupon a specified/date. 9. Venue. The venue of any litigation parties waive trial by jury. of thi$ Agreeme/1t shall be St. Lucie County, Florida. All 10. Headings. The headings or otherwise affect in any Agreemel1tare for convenience of reference only, and do not limit or interpretation of this Agreement. 11. Pronouns.. In this Agreement, the use of any gender will be deemed to include all genders, and the use of the singular will include theplural'wherever it appears appropriate from the context. 12. Waivers. The failure or delay of any party at any time to require performance by another party of any provisiorfof this;Agreement, even if known, will not affect the right of that party to require performance ofthatproVisìotl or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement should not be construed as waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself. entitle a party to any other or further notice or demand in similar or other circumstances. .- < Pine Summit Apartmentsl Prima Vista BouJevard Road Contribution Agreement April 16. 2002 Page 4 '-" .."., 13. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 15. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. 16. Entire Agreement. This Agreement constitutes the entire ~gr~E:mentbet""een the parties relating to the subject matter hereof and supersedes all prior agreemE:ntsor understandings made in connection with the subject matter. No modification or amendment of thisAgreemenfshallbe binding upon the parties unless the same is in writing and signed by the party to be bound. ATTEST: OF COUNTY COMMISSIONERS LUCIE COUNTY. FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney : Pine Summit Apartmentsl Prima Vista Boulevard Road Contribution Agreement April 16, 2002 Page 5 ~ WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF ...." PINE SUMMITT, LtC BY: Print Name: Title: The foregoing instrument was acknowledged before me this diiyof , 2002, by ,the of PINE SUMMITT, LtC" who is_ personally known to me, or _ who has produced åsidentification and who_ did/_not take an oath. Notary Seal Pine Summit Apartments! Prima Vista Boulevard Road Contribution Agreement Notar;YPublic, State of Florida PrintName: My Commission Expires: < April 16. 2002 Page 6 '-'" EXHIBIT A legal descriptIon Pine Summit Apartments/ Prima Vista Boulevard Road Contribution Agreement ...., .. - April 16 . 2002 Page 7 ....... ...." EXHIBIT B Site Plan Pine Summit.'partrnents Pine Summit Apartmentsl Prima Vista Boulevard Road Contribution Agreement .. - ^priI16.2oo2 Poge 8 \...-. "'" AGENDA REQUEST IT'I!1ff NO. C-4 DATE: April 16,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Paul Julin Project Manager SUBMITTED BY(DEPT): Central Services SUBJECT: Amendment to Work AuthorizationlC02-01-232 Edlund & Dritenbas Architects BACKGROUND: Through Continuing Contract, staff has worked with Edlund & Dritenbas Architectural & Engineering Firm to prepare drawings and estimated cost for the Administration Building Addition. Once this was completed and reviewed, it was determined that the scope of services would need to be amended to include the building facade, (please see attached). To unifythe architectural theme, this facade will encompass the existing first and second flooralong the west and south elevation of the Administration Building along with the new construction in the amount of $700,000.00. FUNDS AVAIL: 310003-1930-562000-16008 (Impact Fees-Other Public Bldgs.) $300,000.00 PREVIOUS ACTION: The Board of County Commissioners approved the use of Edlund & Dritenbas through a Work Authorization on January 15th ,2002, Item No C-7. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Amendment to Work Authorization C02-01-232 to the amount of $197,438.00 and authorize the Chairman to sign when prepared by the County Attorney. MISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: - COO""^'.'OO""@ J( Originating Dep~ (¡..4.--- Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & Budget: Purchasing Mgr.: L? I Other: Other: Eft. 1/97 H: \agenda request forrn.h>:å ,...······a: 11., . .;,~ :'.. : . .~~t " " :,.~"- '. ... .. .~, , . . '. . .- "r· - . - . EDIiwJ~9;& ,'g.~I.TI$~~.~~ .. AR""HITEBTS 'P--'A'~ " ..... ~, " ,-,., '. '.'~-' -. . '''''''''-''' r-__ 8 April 2002 .~ ï ,: . .,-'~.~~..,-,",;". .> ::.:;\;..~~A.~;:):;!:~~~~;::~;,".... . . . ~ .: ..., f__ - ,,-,~".. ", . ;.-:- ,_. . Members of the American Institúte of Architects AR# AAC000886 . . To: Project: Re: Paul Julin, Project Manager, Central Services . Administration Building Additi~n, ComDl.#03Ô201VB Revisions to the Owner Architect Agreement AlA Document BÍ41-1997 County Project # C02-01~232 . Dear Mr. Julin, Our current Agreement between St. LuCie County and Edlund & Dritenbas Architects, dated 24 January 2002, requires minor revisions due to the recent change in the scope of the project. These agreement revisions are being submitted in accordance with Article 1.3 .3.1. The ag:reement revisions consist of the following: 1. Revising the detailed description of the Project on page 1-1. 2. Revising the project budget and time parameters; Article 1.1.2.5 & 1.1.2.6, on page 1-2. . 3. Revising the Architect's compensation; Article 1.5.1, on page 1-11. 4. Removing Opinion of Probable Project Cost #2 and replacing it with Option #3,Opiniòn of Probable Project Cost #3 consisting of two pages; 5. Removing the State of Florida, Department of Management Services, Fee Schedule for' Architectural and Engineering Services with a stipulated construction budget of $1 ,072,710, and replacing it with the enclosed copy depicting a construction budget of $1,860,000. 6. Removing the Project Time Parameters document, (two pages), and replacing it with the revised Project Time Parameters schedule dated 8 April 2002. . Paul, these revisions to our agreement will bring it current with the scope depicted in Option #3. We are still waiting for your authorization to proceed. I feel that the survey work could start at this time to prevent any delays, but I need authorization to turn them loose on the project with an assurance that they will receive compensation through our agreement with the County as a Reimbursable Expense. We are in receipt of the marked-up elevation study from Commissioner Hutchinson that deleted the arches. A quick response would be greatly appreciated. We need to get this project going to prevent any further delays and potential increases in construction costs. Please advise as soon as possible. :~su I "Paul U. Dritenbas, Architect A.LA. XC: Mr. Dan McIntyre Mr. Robert Bradshaw Page I of 1 C:03020IVB.doc 65 Royal Palm Pointe, Suite 0, Vera Beach, FL 32960 Vera Beach 561/569-4320 Deerfield 954/429-0995 Fu 561/569-9208 Fax 954/421-8269 email edarch@sunet.net "" 1997 EDIT'"", AlA DOCUMENT 8141-1997 . Standard Form of Agreement Between Owner and Archi tect with Standard Form of Architect's Services A G R E EM E N T made as of the 24th day of January in the year 2002 (1/1 words, indicate day, month and year) the twenty fourth day of January in the year two thousand two. (Revised 8 April 2002 ) BET WEE N the Architect's client identified as the Owner: This documenl has importa legal consequences. Consultation with an attorney is encouraged with respecllo its completion or modificalion (Nallle, address alld other illformation) St. Lucie County. Florida 2300 Virginia Avenue Fort'Pierce. Florida 34982-5652 TABLE OF ARTICLES 1.1 INITIAL INfORMATION 1.2 RESPONSIBILITIES OF n PARTIES 1.3 TERMS AND CONDIT/Œ and the Architect: (Name, address and olher information) Edlqnd & Dritenbas Architects. P.A. 65 Royal Palm Pointe. Suite "D" Vero Beach. Florida 32960 1.4 SCOPE Of SERVICES AN OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION For the following Project: Cmmn. 103020 IVB. Administration Buildi~gAilditioIÌ. (Include detailed description of Project) The project will consist of site development. a two story masonry addition and interior buildout; ground floor of 3.550 sq. ft. second floor of 3.741 sq. ft. In addition. a second floor addition and interior buildout over the IJJA tax collector totaling 2.200 sq. ft. An east to west covered walk- I ~ way and improvements on the south and west building facades. ~:o:' I': ....,.,¡.- - Ot997 AlAI!) AlA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The Owner and Architect agree as follows. The American Institule 01 Architects 1735 New York Avenue, N.W. washington, D.C. 20006-5292 Copyright 1917, 1926, 1948, 1951, 1953, 1958. 1961, 1963, 1966, 1967. 1970, 1974, 1977, 1987, C>1997 by The American Inslilule of Architects. Reproduction of the material herein or substanlial quotation of its provisions without wrluen permis;ion of the AlA violates the copyright laws of the United Stales and will subiecl the violator to legal prosecu- tion. WARNING: Unlkensed phorocopylng viofates u.s. copyrlghr I.ws and will subject the violator to legal prosecution. '" ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (No/,' 1/.1' dispo,ilioll for tl,e fo/lowillg ite/lls by illserling ,he reqllesled inforlllation or a statelllenl sud. as "tlol "1'l'li,,,¡'¡,'," "lIlIkllowlI .,1 lilliI' of <'Keel/lÍolI" or"to be delermilled later by lIIulual agreelllellt.") 1.1.2 PROJECT PARAMETERS 1.1.2.1 The objective or use is: I ItI('llIify or dl's...-il>e, if appropriate, proposed IIse or goals.) -J The building use will be offices, Group B. per the Standard Building Code. 1.1.2.2 The physical parameters are: (ldelllify or <lrKri/'e. if al'propr;'lle. size. locatiO/I, dilllensions, or other perlitletlt ;'Iforlllalioll, slldl as geo/eell/dcal reporls al'ol/' Ihe site.) This is an addition to an existing building. The south elevation will front Virginia Avenue. 1.1.2.3 The Owner's Program is: (ltl<-III;fy dOCl/IIII'II/a'ioll or slate the lIIallller in which tire program will be developed.) The program was previously established in the feasibílity study dated 29 May 2001. Additional programming will be required for the Community Development Division. and is included in this proposal. 1.1.2.4 The legal parameters are: (ldelltify perlill"'" legal illformation, incllld;,'g, if appropriate, latld surveys arId legal descrip/iolls m,d res/rie/iolls of the site.) The Owner shall supply as built surveys of the existing site and a legal description for same. Drawings of the existing building shall be supplied to the Architect as requested to assist in the structural connection design. 1.1.2.5 The financial parameters are as follows. .\ Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: $ 2, 10 I .036.00. .1 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $ 1,903.598.00. 1.1.2.6 The time parameters are: (Idl'll/ify, if appropriate, miles'one dates, d..raliotls or fasl track schedulillg.) As yet. no time parameters have been established. The Architect will prepare a written timetable following approval of this agreement. (See attached Project Time Parameters Revised 8 April 2002). 1.1.2.7 The proposed procurement or delivery method for the Project is: (Idell/ify method sl/ch as competitive bid, negotialed contract, or comtrueliotl managemetlt.) Design. Bid. Build. Competitive bid using general contractors licensed. insured and bonded in the State of Florida. 1.1.2.8 Other parameters are: (/dl'lI/ify sperial dlaraeleris,i,s or needs of the Project slIeh as etlergy, e/lvirolllriental or historic preservatio/l requircmcllts.) Stormwater permitting shall be through South Florida Water Management District. Minor site plan approval shall be through St. Lucie County Department of Community Development. These services are included in the Architect's fee. WARNING: Unllcen.ed photocopying vlolal.. u.s. copyrlghllaw. and wlllsubjecl th. vlol.tor 10 legal pro.ecutlon, I A O¿"ó53.",o c:::=::J () 1997 AI At> AlA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American Institute of Archileds 1735 New York Avenue, N.W. washington. D.C. 20006,5292 "" 1.4.2 Speciallèrms and Conditions. Special terms and conditions that modify this Agreement iIIC as (o ows: See Article 1.6.0. ....., ARTICLE 1.5 COMPENSATION 1.5.1 For the Architect's services as described under Article 1.4, compellsation shall he computed as (ollows: Compensation shall be a fixed stipulated sum of $ 14 1.300.00 combin with $56.138.00 in reimbursable expenses itemized in 1.5.5.. for a total of $197.43 Schematic Design Documents 15% $ 29.615.00 Design Development Documents 20% $ 39.488.00 Working Drawings \ 45%, $ 88.848.00 Bidding and Negotiations Phase . 05% $ 9.872.00 Construction Administration Phase 15% $ 29.615.00 100% $ 197.438.00 * See bottom of page. 1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the Architect's cOlllpensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Paragraph 1.5.2, in an equitable IHanner. (IllS.", I",sis u{ f() lIpellSlltim., illellldillg rales alld mlllliples of DireCI Persollllel ExpellSe for I'rill";I'(/ls tII,,1 e/llployees, (/lId idelllify I'rillciPllls alld cltlSsify employees, if required. Idelllify specific sen'ices 10 which pllrlic- III",· /IIellwds "l cnmpCllsII,ioll "1'1")'.) Should the scope of work change and the construction budget is increased. the Owner and Architect will re-negotiate compensation using the attached Department of Management Services chart. or by applying the following hourly rate scale. Paul U. Dritenbas. Greg D. Edlund. John F. Binkley. Archtiects $ 110.00 per hr. Chris Crawford. Intern Architect $ 75.00 per hr. Level One CADD Technicians $ 65.00 per hr. Clerical and Administrative $ 38.00 per hr. 1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one point one zero (I. 10 ) times the amounts billed to the Architcct for such services. 1.5.4 for Reimbursahle Expenses as described in Subparagraph 1.).9.2,- and any other items included in I'amgraph 1.5.5 as Reimbursable Expenses. the compensation shall he cumpuled as " multiple of one point one zero (1.10 ) times the expenses incurred hy the Architcct, and the Architect's employees and consultants. 1.5.5 Othcr Heimhursahle Expenses, if any. are as follows: See attached breakdown of reimbursable expenses titled "1.5.5 Reimbursable Expenses SUDIIII8ry for Lump Sum Submittal", Page 1-14. * The Architect shall be compensated 7.6% of Additive Change Orders for items not due to errors and omissions of the Architect or his consultants. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the vlolator.o legal prosec:utloo. I Dill 'Q., ,0 O. .0 0·....·...·0 o=~ = © 1991 AIA@ AtA DOCUMENT 8141-1997 S 1 ANOARO fORM AGREEMENT The American InslÏlulc! of Archilecls 1735 New York Ave"..e, NW Washinglon, o.c. 200()6~5}91 ..... ...., option 3 OPINION OF PROBABLE PROJECT COST #3 SITE DEVELOPMENT TWO STORY UTILITIES DEPARTMENT ADDITION & BUILDOUT ¡ND FLOOR ADDITION. & BUILDOUT OVER TAX COLLECTOR EAST-WEST COVERED WALKWAY & TWO TOWERS FACELIFT ON TWO STORIES AT PROPERTY APPRAISERS OFFICES FACELIFT ON WEST & NORTH FACES OF OLD COMMISSIONS CHAMBERS , 20 October 2001 L Site Development Costs A) Handicap parking modifications j new sidewalks ramps $ 20,000.00 B) Storm water retention modifications $ 30,000.00 C) Landscape, Irrigation, Sod modifications $ 25,000.00 D) Lift Station to 12" force main $ 55.000.00 Sub Total I $130,000.00 IL Two Story Utilities Dept. Addition and Buildout A) Ground Floor 3,550 sf x $120.00 Isf = $ 426,000.00 * B) 2nd Floor (shell only) 3.741 sf x $ 75.00 I sf = $ 280.575.00 C) 2nd Floor buildout 3.741sfx $ 45.001sf = $ 168,345.00 D) S. W. Tower entrance 256 sf x $ 90.001 sf = $ 23,040.00 E) Tower at Tax Collector Entrance 256 sf x $ 90.00 I sf = $ 23,040.00 F) Fire Sprinklers (not required by calculations) = $ 000.00 G) Contingencies @ 2% $ 18.420.00 Sub Total II $ 939,420.00 IlL 2nd Floor Addition and Buildout over Tax Collector A) Groundfloor (exterior facelift) $ 100,000.00 * B) 2nd Floor (shell only) 2,200 sf x $ 75.00 = $ 165,000.00 C) 2nd Floor buildout 2,200 sf x $ 45.00 I sf = $ 99,000.00 D) Fire Sprinklers (not required by calculations) = $ 000.00 E) Contingencies @ 2% = $ 7.280.00 Sub Total III $371,280.00 IV. East-West Covered Walkway and Two Towers A) Tower at Property Appraiser Entrance 256 sfx $90.00 I sf = $ 23,040.00 B) Tower at East end of walkway 256 sf x $90.001 sf = $ 23,040.00 C) Covered Walkway RoofandColumns 1447 sf x $60.001 sf = $ 86,820.00 D) Contingencies @ 2% $ 2.658.00 Sub TotalIV $135,558.00 V. Facelift on Two Stories at Property Appraisers Offices A) 93 linear feet x two stories $173,000.00 B) Remove the 3 '-6" cantilevered section and rebuild the wall at the secondfloor = $ 50,000.00 C) Contingencies @ 2% $ 4.460.00 Sub Total V $227,460.00 Page I of2 Vl "" Facelift on West & North Faces of Old Commission Chambers A) 67 linear feet x 1.5 stories == B) Contingencies @ 2% == Sub Total VI ...., $ 55,275.00 $ . 1.105.00 $ 56,380.00 VIl Other Cost A) Architect I Engineers fees @ 7.6% B) Reimbursable Expenses C) Impact fees I bldg permit fees D) Applicationfees. miscellaneous E) Fire alarm I Security system F) Furnishings G) Building signage Sub Total VII $ 141,300.00 $ 56,138.00 $ 22,000.00 $ 3,000.00 $ 16,000.00 (not included) $ 2.500.00 $ 240,938.00 Total to act as Project Budget $2,101,036.00 · Shel/ improvement wil/ include electrical service to an empty panel. and main supply and return chiller lines. NOTE: Opinions expressed in this report represent the professional opinion of the firm of Edlund & Dritenbas Architects, P.A. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. Edlund & DrItenbas ArchItects, P.A. does not wafl1lnt that this opinion of probable construction cost will not vary from actual costs incurred by the client. Respectfully Submitted, Paul U. Dritenbas, Architect A.LA. Page 2 of2 C:030201 VB.doc STATE or -:LOAIDA, DEPARTMENT OF MANAGEMENT ~r::RVICES "" DIVISION OF BUILDING CONSTRUCTION "'" FEE SCHEDULE FOR ARCHITECTURAL AND ENGINEERING SERVICES CONSTRUCTION BUOOET i I 860 ÐðO TENS OF THOUSANo HUNDREDS OF THOUSANDs M-I'nø; I , .. ' 2 3 " 5 67891 2 3 " 5 6 7 a 9 1 I ¡; 3 " 567891 I I . 17 ,£ '. 15 ~ _\ .A ~ç.\ GI_ .> l' " _. - .- " " " ,.. I' " " \ 12 " " s& , '1-; :1 ~ I'\. ...... ......... , [:60/ . "'- . .~ ~ .... ..... -t&- ~ "- ~ ., .... 1'-..., ~B' ~ ~ 9 0/ ~ --- ...... "- " --- r--... -...... I" -...... --....... ~ " ~.t ..... ..... " -. ......." - r- ---.... I'.. .... 7.(/10 ---- - -....",.. " t-. -- --- ~ -...... t-- ---- .... "- ......... ...... ~'~.J r-... --- "- r--. 7 - .......... " ......... ........ '"- --=:.. -- --....... '- r- ..... "'- -t-... -. t--. r-.. ......... r---. ...... ..... ~ "- -- -.... ...... .... "'- L -- ...... "- .... - - - - -- ,........... .... -,- 5 Aþ RFCdJ..Cç,. : ~/,8t&o.~ X 7.~% = f 141) '?Oo. eo PERCENT OF CONSTRUCTION BUDGF.T (S.... Rev...... Sid..) PRoJCtT: COUIJTY ADM ,tJ. 'e>Lt1:G. AþD/ no#..) ~ : 51. LUcIE'" cOUNT"( \w ..." 8 April 2002 To: Project: Re: Paul Julin, Project Manager, Central Services Administration Building Addition, Comm. #030201VB Project Time Parameters (Updated) (In accordance with the Owner/Architect Agreement, Article 1.1.2.6) Dear Mr. Julin, In accordance with Article 1.1 of our Agreement for Services dated 18 October 200 I, we are herewith submitting a proposed timetable for the project design and construction. The timetable also includes time for the Central Services to solicit a public advertisement for qualified General Contractors who may be interested in bidding on the project. TASK START FINISH I. OWNER! ARCHITECT AGREEMENT 18 OCT 01 24 IAN 02 2. SCHEMATIC DESIGN DOCUMENTS, SITE PLANNING DOCUMENTS, AND THREE FRONT ELEV A nON STUDIES 25 IAN 02 26 FEB 02 PROJECT ON HOLD WHILE THE COUNTY DETERMINES FUNDING FOR OPTION #3 (THE PROJECT WILL TRACK WITH THE FOLLOWING SCHEDULE ASSUMING AUTHORJZA TION TO PROCEED IS RECEIVED BY 24 APRIL 2002....) 3. CERTIFIED LAND SURVEY WITH TOPO TO ARCHITECT 25 APRIL 02 16 MA Y 02 4. PROGRAMMING & EXISTING FACILITY ANALYSIS 6 MAY 02 17 MAY 02 5. OWNER REVIEW OF DOCUMENTS 17 MA Y 02 24 MAY 02 6. DESIGN DEVELOPMENT PHASE 27 MAY 02 2 JULY 02 CONCURRENT ACTIVITIES GEOTECHNICAL INVESTIGA nONS STORM WATER MANAGEMENT DESIGN UTILITY SERVICES COORDINATION & DESIGN LANDSCAPE AND IRRIGA nON SYSTEM DESIGN OUTLINE (INDEX) TO SPECIFICATIONS PROPOSED PLANNING AND ZONING APPROVAL APPLlCA nON A TIENDANCE AT AGENCY APPROVAL MEETINGS CO-ORDINATION OF CIVIL AND ARCHITECTURAL PLANS TRAFFIC STATEMENT OR STUDY 7. OWNER REVIEW & APPROVAL OF DOCUMENTS 3 JUL Y 02 11 JULY 02 8. WORKING DRAWINGS 12 JULY 02 8 OCT 02 Page I of2 CONC~T ACTIVITIES "'" S.F.W.M.D. PERMIT APPLICATION D.E.P. PERMIT APPLICATION SUBMIITAL TO CITY COUNCIL FOR APPROVAL FIRE MARSHALL REVIEW SOUTIIERN BELL SITE PLAN SUBMITTAL COMMUNICATIONS, SECURITY AND FIRE ALARM SYSTEM DESIGN A ITENDANCE AT AGENCY APPROVAL MEETINGS PHONE, DATA AND SECURITY SYSTEMS DESIGNS INTERIOR DESIGN FINAL PROJECT MANUAL AND SPECIFICA nONS ADVERTISE FOR QUALIFIED BIDDERS * 9. ISSUE DOCUMENTS TO BIDDERS \ 10 OCT 02 CONCURRENT ACTIVITIES SUBMIT DOCUMENTS FOR BUILDING PERMIT REVISE FINAL DOCUMENTS BASED ON PERMIT REVIEWS 10. FINALIZE OWNER/CONTRACTOR AGREEMENT 15 NOV 02 CONCURRENT ACTIVITIES COUNTY COMMISSSION APPROVAL OF A WARD TO G.C. II. CONSTRUCTION PHASE 3 DEC 02 12. PUNCH LIST 5 NOV 03 * OWNER CO=ORDINATED ITEM. ***END OF PROJECT TIME PARAMETERS*** Page 2 of2 C:03020IVB.doc 14 NOV 02 26 NOV 02 4 NOV 03 20 NOV 03 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 Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the Zoning District Classification for that property described as follows: lots 1, 8 and 9 of Block 1 of Model land Company's Subdivision as recorded in the Public Records of S1. Lucie County. Tax Id. No. 2323-501-0001-000/3 (location: Southwest corner of the intersection of South Kings Highway and Research Center Road) owned by Bakul Patel, is hereby changed from the AR-1 (Agricultural, Residential- 1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. 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 Paula Lewis XXX Commissioner John Bruhn XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED This 16th day of April 2002. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY .' , Chairman File No.: RZ-{)2.()()3 April 16, 2002 Resolution 02-036 Page 2 '-" 1 ATTEST: 2 3 4 5 6 Deputy Clerk 7 8 cs 9 H :\Wp\Rezoning\Bakul\BCC\resolution. wpd File No.: RZ.Q2.Q03 April 16. 2002 APPROVED AS TO FORM AND CORRECTNESS: County Attorney ...,; 0' , Resolution 02·036 Page 3 '-' ..,¡ -..... . z ()) (V) +--' 0 OJ 0 0.. I C\J ~ 0 " .Yo OJ N 0 CO ex: \ (, ~ ~ A ,¡\(. '1'1 ~ V¡} '~'&' ~. ~ N g N ~ ~ ~ ~ · · ~ "- "- · '" o ¡ I . . ~ '" ... ... '" '" ... ~ '" :J 0 ~ ü Z :J 0 GfOij 3Nl1 )!)HY" Ü a: w j, > « ëë ... & Š ... z III .. ~ I III II: O'lOH ODð .... NCll1HfJ ~ Z '" « Õ 'N -. ~ ~ : ... .. ~ ... ... g .. II: .. S K 1 S S' 1 , .. Ál.Nn08 3380H833>10 A Petition of Bakull\r."tl for a change in zoning from the AR-1 (Agricultural;"';sidential-1 uniVacre) Zoning District to the RM-5 (Residential, Multiple Family-5 units/acre) Zoning District. ~ o . .c :¡ ~ c " ..........101 tolÎQft « -~ Conal No, 48 . -------------------- i õ ð . . . "", ~ .'0 ... q.. .~ +~ ,--" ,....- --., .-~, ." - ~.. ...,. .-., -- ....,- -"',~ --.- ."~- '-,- -"'" - RZ 02-003 V / / / ~ This pattern indicates subject parcel k;;;~;~;~;~~~;?;;;~;j This pattern indicates City of Ft. Pierce .. ,..c::J .' " ~4~t~:~~ Map prepared Februæy 1,2002 f noa.,..............., b".....~ ..........ruØOMI.. 1fttIIe.-¡....................,........_____ ~~...naI~._.....blr'drWlIiIOI:unR. N '-" Bakul Patel Zoning ~ o 1 '" 'f AR-1 . .~ " __lalSlollo.. ~ CanaliNo. 48 AR-1 ---------- ó z Õ ¡; u . . . \ " ~,'~~~~I¡il¡i¡lliììlil!~I!I~~I~~i¡lj; . ,::;:~' ;~~;~:;;~:;g:~%H~~;~;BBffi~~:~t1;;~tê~~ '-., _.... ........ ....__ '-._ ..... ~-.. ..... ._ '-p _"'" _",. oN" .~,. ._,. _ This pattern indicates subject parcel This pattern indicates City of Ft. Pierce ...I AG-1 RS-2 IL r..(::J RS-2 , ~Á~~~ ~. . o~ f Map prepared February 1,2002 '"'*!NII - -...... _............. _ ~ ~ cn¡.. ~-w.-n"'_"".""""'__Md___ ~~'''MI~farl.M..IIQIIIIIIIINII'IØ~ N \.or' Bakul Patel ....J Land Use t:' RS ~ o : .V' x COM RU . ~ c ;¡¡ .dSlel' . ...c::) Canol No. 48 RU MXD Crossroads o . --------- :i: c ;¡¡ i .- --------- I o " . . ------- '\\ .s;, .'0 '" '\ ~ .< .. .~" -~,. .-,. ...,. .-.. .",. ."'" _NO' ,_ ~._ .r._ ~._ ..r._ ..t"._ .,f"._ ~ RZ 02-003 V / / ~/1 This pattern indicates subject parcel ~~~~~t~{~~~;~~~;~~~;· This pattern indicates City of Ft. Pierce ~ .t:'!0irr .~~ G!~ ?~ Map prepared February 1. 2002 f m......tw..,~....~...........,¡.......~....... 'IIMI-,.-art¡"lIIiIr1l1Wd11mpnM:il"__ond_ ~JIQIItiI..llrd~*,,__.~bIfdoogdo<u..c. N Bakul Patel RZ 02-003 V///~ This pattern indicates subject parcel t~~~~;~~;Z;~?;~~a This pattern indicates City of Ft. Pierce 5Ir LGr~~~ t Map prepared February 1, 2002 1NI"'CI1w_~"'__~____. N -~""'''_''-b lnlW:lo.''"",",__""", -....cn~III__.....-_.IogoIIrtRtn¡ '*""- \-.; UN'O,-t\Cif:ìL- smUECT 10 ZONiNG PU\N\~iNG & !\PPROV A\. Cm~1M\SSmN t\ ,. . , ¡'. >-." AGENDA ITEM 2: BAKUL PATEL - FILE NO. RZ-02-003: :~~., Cyndi Snay, presenting Staff comments, stated that Agenda Item # 2 was the application of Bakul Patel, for a Change in Zoning from the AR-I (Agricultural, Residential - I du/acre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District for property located on the southwest comer of South Kings Highway and Research Center Road. The subject property is designated with an RU (Residential, Urban) Land Use and under the Future Land Use Element of the Comprehensive Plan the RU Land Use will allow a maximum density not to exceed five (5) dwelling units per acre. Therefore the applicant's request is consistent with the Comprehensive Plan. The subject property is surrounded to the north, south and west by AR-I (Agricultural, Residential - I du/acre) and RS-2 (Residential, Single-Family - 2 du/acre) Zoning and Industrial Light to the east. The proposed RM-5 Zoning District would be considered an appropriate transitional zoning from the Industrial Light zoning to the east and the existing Kings Highway, as well as future expansion of Kings Highway and to the west with the more rural properties. The proposed additional density is not expected to create any significant additional demands on the public facilities in the area. Staff is recommending that you forward this petition to the Board of County Commissioners with a recommendation of approval. Chairman McCurdy asked the petitioner to come forward and state their name and address. Harold Melville, Attorney at 2940 S. 25th Street in Fort Pierce stated that he represented the petitioner. He continued that this parcel is approximately 25 acres that used to be an old citrus grove that is no longer economically viable. The property is just west of Kings Highway and immediately south of Research Center Road. Current zoning is AR-l and they requested a rezoning to RM-5 since it is allowable under the RU, Land Use category. He confirmed Staffs comments that it is a good transitional zoning because to the east is the Light Industrial zoning and a citrus packinghouse directly across Kings Highway from the subject property. He continued that he felt the Kings Highway corridor is going to building up very rapidly with industrial and commercial uses on the east side of the highway. He again stated that this is a good. transitional zoning because it maintains the residential character of the property and is a transition between for the more intense commercial and industrial uses in the east and the agricultural/residential uses to the west. He advised that as per the Staff report their request is consistent with the Comprehensive Plan and the Land Development Code with no adverse effects on the natural environment. Mr. Trias asked if there was a site-plan or illustration available to show the type of project proposed. Mr. Melville held up a board with a graphic of the proposed project, which will consist of ninety-eight (98) dwelling units (approximately 3.94 du/acre). The project will be 1,500 square feet under air and each unit will be individually owned and not rental units. He continued that these would be fee-simple ownership with each unit anticipated to sell in the range of $90,000 to $115,000. Mr. Trias asked if the association would own the common areas. Mr. Melville stated there would be a Homeowner's Association to maintain all of the common areas, including the lake areas. , < Mr. Grande stated that this would be a 400% increase in density and questioned why the applicant requested RM-5 Zoning as opposed to submitting a PUD (Planned Unit Development) request. Mr. Melville advised that PUD's are a very expensive process and a tremendous risk P & Z Meeting March 21, 2002 Page 4 '!. '-·-",C "," wI)~.:'r '-' ~~, (" '" ,;:('-, Tf'! vtb.:; ~,~\¡.j Ii U r~ ;. :\':"¡;\¡~ & ZO~,l!NG ~'·t...i,:,;:!~ ì1~h".) · ,I . ~>f~',;"r;>'~nN APPROVAl. and gamble. The applicant chose the straight zoning request to propose somethmg ~fíái'\\Hhimòe allowable under the Comprehensive Plan. Mr. Grande stated that they chose to save money in the initial application fee but his concern is that the applicant is not tied into the plan that they have shown this evening since this is not a PUD request. He continued that this project would be backing up to one unit per acre properties and stated that he felt the applicant was hesitant to commit to a design, plan or site plan at this time. Mr. Melville stated that a PUD would initially cost about $25,000 to $30,000 in the county. He also advised that the land to the west also carries a RU Land Use Designation and will not remain in their current AG-I Zoning. He stated that he felt the area would be developing very rapidly and due to the type of area would not be developed as single family homes. He continued that this type of project and zoning would be appropriate for the area. ~ -~ Mr. Grande stated that the character of the area has not yet been defined and if we allow this type of project, it will set a tone in the area. He continued that the proposed project would be a good way to develop the property as a transition zone to the properties to the west. However, on the other hand, he stated he was hesitant to allow such a change on twenty-five (25) acres of property without the applicant being tied to a specific site plan as they would with a POD request. He also stated that the expense for a POD isn't really any different than what it would cost to move ahead with the current project if rezoned. He again advised that he is hesitant to vote for something where the applicant is not tied to a specific site plan since such a large density increase would impact the surrounding lands. Mr. Melville agreed that the applicant probably would spend the same amount of the money in the long run but the problem is that with a POD you spend that money right up front before the Board of County Commissioners ever hears it. He continued that most applicants who look at property to buy and develop simply and logically don't want to take that risk. He also stated that he did not feel that type of imposition was appropriate. Under the existing laws this is an allowable zoning category and a very appropriate zoning category in this land use designation. He continued that what the applicant is proposing for layout and density is the only real practical use for that land. Mr. Grande stated that he did not agree with Mr. Melville's statements that just because it is appropriate it should be approved. He also advised that the Planning and Zoning Commission's job is to see to the orderly and logical development of the land. He continued that he felt that a POD request would give the Commission all of the necessary assurances to forward a recommendation of approval. Mr. Melville stated that if that were the case, then there would be no need for an RM-5 zoning category. The purpose of a POD is to allow for creative type of layouts or structures that would not fall within a standard zoning category and not to enforce a particular type of design on someone asking for a zoning change. Mr. Lounds stated that he would like to reserve his questions for Mr. Melville until after the Public portion of the hearing has been closed. " Mr. Trias asked Staff what would be anticipated as a reasonable scenario for development of this area. Mr. Kelly stated that there is light industrial along Kings Highway and a multi-family environment as a transition to some lower density single-family homes farther to the west would be appropriate especially with the University and Research Center in the area. Mr. Melville stated that Staff made their recommendation based on the zoning category from a land use concept and feel this is an appropriate zoning change request. P & Z Meeting March 21, 2002 Page 5 "'" ..J ln~Off\C\Al- ~ , :¡-~ - Chairman McCurdy opened the Public Hearing. ~'/'~~ ~::,7~,~T TO ~:!J r:- 7.0Nìt~G r·.~jpnOV ~l Seeing no one, Chairman McCurdy closed the Public Hearing. -...._,4"'··'·· Mr. Grande stated that he did anticipate that there would not be any public response regarding this petition since most of the area is undeveloped. He continued that he was hesitant to vote for this request since the owner is reluctant to commit to a specific site plan since they did not come in under a PUD request. Mr. Lounds asked where the utilities for this property would come from. Mr. Melville explained that he believed that since they may be adjacent to the city, their utilities would be provided by the City of Fort Pierce. Mr. Lounds continued that he feels this is a good plan, but a bad location for it since it is on King's Highway. He also stated that area has more industrial in place and will most likely proceed that way. He stated that he didn't believe it was transitional between light industrial and research at all. Mr. Melville stated that he felt this was the best use for the property considering the circumstances and the area land use. Mr. Lounds disagreed. Mr. Trias stated that this is the only type and best type of development, realistically, that is going to be in the area but the county may want to consider looking at the future development of the area. Mr. Jones stated that there may be a better use for the property, but the applicant's request does meet all the requirements of law and doesn't See any reason to turn down this request. Mr. Grande stated it would not be accurate to assume that just because Staff has not said it doesn't, this meets every requirement of law. He continued that Section 11.06 of the Land Development Code states that the job of the Planning and Zoning Commission is to make interpretations to see if it is the right plan for the area and how it will impact the neighbors. Mr. Lounds stated that he respected Mr. Trias' opinion, since he has a background as a community planner, but he feels this, as well as, the duplexes behind the packing plant will be misplaced in the area as it develops. He also continued that he felt the entire area of Kings Highway is a growing concern of how the County is planning to develop it and needs to be discussed further. Mr. Trias stated that in ten years they might not be happy with the way the area is being residentially developed especially since the secondary streets in the area are almost non-existent and that this may want to be something that needs to be reviewed. Mr. Jones stated he too shared the concerns of the other Commission members about the future development of the area. He continued that in the long run, this type of development probably won't be appropriate for the area, but he doesn't feel that is relevant now, the future land use is. Mr. Kelly stated that he just wanted it to be clear that the plan shown is not binding. If the property is rezoned and another developer wants to design or develop something else that falls within the RM-5 zoning he may. Mr. Lounds questioned if the developer decides to make the units rentals rather than owned, he may? Mr. Kelly conflI1l1ed that is correct. Mr. Melville stated that usually a POO or PNRD is requested when someone wants to do something different than the definition of a specified zoning category, which is not the case here. He also stated he did not feel it was appropriate to suggest that the applicant should have requested a PUD rather than a zoning change because what they are planning does fall within the definitions of the RM-5 zoning code. Mr. Jones asked if the applicant or Mr. Melville discussed a change in land use when they met with Staff. Mr. Melville eXplained that they did not discuss , P & Z Meeting March 21, 2002 Page 6 ....'" r": '" ::.;, ,,'.: ~";J '.' :..J Sni!')'r;:~'i' To <.!"'mV I N'" ~,¡.. ;\P;I"\'J~ \? lON1 \J ~.. ~4.h~~~~"" C\&, . r:Ó\\~~1¡SSION APPROVAL that. Mr. Grande stated that he felt that thIS 25-acre property could end up becommg the anchor and the future development of the area will be determined by tonight's decision of the Commission. " I.2~tb ¡¡¡.~ Mr. Lounds asked Mr. Melville if the client would have been willing to commit to their plan under a POO. Mr. Melville stated that the client is willing to commit to the plan under the RM-5 zoning. He continued that the client would not want to have to invest more time and money to come back before the Commission again as a POO. Mr. Grande stated again that he would feel more comfortable if this was a PUD request where the applicant is required to commit to a specific site plan and since this is not that type of request he is hesitant due to the size of the parcel and the density increase. 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 St. Lucie County Board of County Commissioners deny the application of Bakul Patel, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 dulacre) Zoning District to the RM-5 (Residential, Multiple- Family - 5 dulacre) Zoning District because it is inconsistent with Section H of 11.06.03 which calls for an orderly and logical development plan. Motion seconded by Mr. Lounds. Upon a roll call vote the motion failed with a vote of 2-4 (Mr. Trias, Mr. Akins, Mr. Jones and Mr. McCurdy voting against). Mr. Jones stated that after considering the testimony presented during the Public Hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, 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 Bakul Patel, for a Change in Zoning from the AR-l (Agricultural, Residential - 1 dulacre) Zoning District to the RM-5 (Residential, Family- Family - 5 dulacre) Zoning District because it is an allowed use in the current land use designation. Motion seconded by Mr. Akins. Upon a roll call vote the motion was approved with a vote of 4-2 (Mr. Lounds and Mr. Grande voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. Mr. Jones stated that he would suggest that the landowner consider the long-term value of the property in another land use. Mr. Akins stated that he supported the motion for approval but he does agree with Mr. Lounds, Mr. Grande and Mr. Trias that may want to consider beginning a discussion to resolve the hodgepodge that is occurring in the County. He continued that he felt this needed to be done soon because Kings Highway is growing and will not remain Agricultural. Mr. Trias stated that the best way for these issues to be reviewed is to address the County Commission with them. Mr. Kelly stated that it seemed to him that the consensus is that the Commission members would like Staff and the County Commission to review that area < P & Z Meeting March 21, 2002 Page 7 "" ..., ~ -~;,'. specifically. Mr. Lounds asked Mr. Kelly if Staff needed a formal request from the Commission for the Kings Highway Corridor, from Okeechobee Road north to Indrio Road issues to be addressed. Mr. Kelly confirmed that it would be best to be formally addressed in the meeting minutes for further review by the County Commission. Mr. Lounds made a motion to address the issues regarding land use in areas surrounding and along Kings Highway Corridor and possibly the support roads (Rock Road, Graham Road, Picos Road) all the way to Indrio Road. He continued that the pattern from Indrio Road to U.S. 1 is pretty well set from that area on, but from Indrio to Okeechobee Road needs to be studied by Staff (with the City in mind). Motion seconded by Mr. Grande. Upon a vote, the motion passed unanimously with a vote of 6-0. ~. ",,'1. ..", . <7';... ë \~ .-.t"I~.\;_(' ,,"'~:,:"'~~ \J\~.;:~:\~~,\: ,\;' \~ ~~ ." > ~ \.- :..~' f/Çf'. ~. .' ,,':::,"'" ¡/~ ...~"'\"'~ \ "-,¡\ '" q,t I. 'C:o;'\f\~\\\.. \';,j.,. ,:.\>;,'¡ I,; \\\)(\\\1 ... _', ',\\-:\\Io..;.;,{I:.IÏ\~\ \'\\ ¡;;-,..", ,.\ ',...1'\\ , '......~...,(\;.'\:',);:). \fSi:W" , P & Z Meeting March 21, 2002 Page 8 v 'WtI AGENDA - BOARD OF COUNTY COMMISSIONERS TUESDA Y, April 16, 2002 7:00 P.M. BAKUL PATEL, has petitioned St. Lucie County for a Change in Zoning from the AR-l (Agricultural, Residential- 1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family- 5 du/acre) Zoning Districtfor the following described property: Location: Southwest Corner of the intersection of Kings Highway and Research Center 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 .nvom 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 AprU 5, 2002. Legal notice mlS published in the Port St. Lucie News and The Tribune, newspapers of general circulation in St. Lucie County, on April 5, 2002. .- < File No. RZ-02-003 '-' 'WI April 5, 2002 $ BOARD OF COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that BAKUL PATEL has petitioned St. Lucie County for a Change in Zoning from the AR-I (Agricultural, Residential-l duJacre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 duJacre) Zoning District for the following described property: Location: Southwest corner of the intersection of Kings Highway and Research Center Road, THE PROPERTY'S LEGAL DESCRIPTION IS A V AILABLE UPON REQUEST The second public hearing on the petition will be held at 7:00 P.M., or as soon thereafter as possible, on April 16, 2002, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Vuginia 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 dwing 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-I428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call 561/462-1960 if you have any questions, and refer to: File Number RZ-02-003. Sincerely, . ,ST. LUCIE _CO~BOARD_ OF COMMISSIONERS ~¿\é4Wa.tL /~.. ~~~. Chairman .' . ..l" ~.: JOHN D. D~UHN. D;strlCl No.1' DOUG COWA~D. D,str;CI No 2 . PAULA A. LEWIS. D;stflct No J . FRANNIE HUTCHINSON. D;str;CI No 4 . CLIFF OA~NES. D,stllct No 5 Counry AdminisrrorOf . Douglas M. Anderson 2JOO Virginia Avenue . Forr Pierce, FL J4982,5652 Adminisrratian: (561) 462-1590 . Planning: (561) 462-2822 . GIS/Technícal Services: (561) 462-155J Economic Development: (561) 462-1550 . Fax: (561) 462-1581 Tourist/Convention: (561) 462-1529 . Fax: (561) 462-2132 \v ..... ..... I' ST;LUCIE COUNTY BOARD OF COMMISSIONERS .' 'PUBliC HEARING AGENDA Ap,;1 16,2002 TO WHOM IT MAY CONCERN, NOTICE is -nereby givcll in occonJunce wirh Section 11.0003 of thc 51. Lucie County lOl'd Development Code and in accordance with the provisions of hc 51, Lucie Covnly Compll~hcmive Ploil, fhat the lollowin<J C1ppliccm s h(1)''-:' requested 11'(11 Iht~ Sr, tll(:i,~ (u,jI"Y 11()(jrd of C()"lrt\;~ sioners consider thc" followil1':J re<.;V(.''i1> \. BAKUl PATEl, fOf (l Chnn(je in 7(')I1ine¡ from the AR_I (Ag¡icvlrurul. Rcsidential - 1 du/m:re) 7oninr¡ [)i,lr¡Cf 10 the RM·5 (Residcntiul, M\Jlliple hlmily ~ 5 dl'/O(fe) lon· ing District for tile foUowiny dcsuibed propel1y lOTS I, 8, AND 9 Of BLOCK I Of MODEL LAND COMPANY'S SUBDIVISION Location" Southwcst COlne, of :hl" illlNSCcliol1 of Kings Highway ond Reseorch Center Road 2. CHARLES D. VELie For 0 Ch(UlY~ in loning from the AG~5 IAgricultural - 1 du/5 acres) Zoning Dishid to the Rf (Religiou~ facililie5) Zoning District fOf the following described propNty: BEG AT SW COR Of NW 1/4 Of 5W 1/4 OF NW 1/41' Of SECTION 12, TOWNSHIP 35 SOUTH. RANGE 38 . EAST RUN N 132 FEET, THENCE E 330 fEET, THENCE S I 132 fEET. THENCE W 330 FEET TO POB - LESS RD AND DRAINAGE CANALS·(0.B4 ACI location: 1130 North Header Canol Rood_ 3. WilliAM P. CLARIZIO, for a Waiver from· Seqion 7.10.11 {A] of the, St'-lucie County land Development Code ¡ to allow for the Sole of alcoholi, bever9ge¡ as an a~es- soey use to c.:r~urant, within 1,200 fèet of a religious facility, school. public pat'k, _or public pla)'9':'ound rn the CG (Commeicial; General Zoning District, for the falloW'- ~.~~.pro~~.. I ' SECTlÒ""".Ô3. TOWHSIP 36 SOUTH. RANGE 40:ÈAST. THAUART OF.SE 1}4 OF SE 1/4 OF NW 1/4, FROM SE CORNER OF NW 1/' RUN NORTH 0°02'03" WEST 69.62 FEET. THENCE NORTH. B9°23'02" WEST 70 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NORTH B9°23'02"WEST 22B.04 FEET, THENCE NORTH '0036'~" EAST I BO FEET. THENCE SOUTH 89°23'02" EAST226 FEET. THENCE SOUTH 0°02'03" EAST 180.01. FEET TO ·THE POINT OF: BEGINNING (0.94 ACRES) (MAP 3./03NI (OR I 236·220B) (TAX· LD. No. 3.03,2..~000,010/9 . locatiÇ:n: 4999 South U.S. Highway No.1. 4. PAMElA. PERKINS. to Define 0 Clau "A" Mobile Home os· a, 'Detached Single-Family Dwelling Unit in the AG.5 (Agricultural - 1 du/5acres Zoning District for the follow. ing described pro~: THE NORTH 200 FEET OF THE SOUTH '630 FEET OF THE WE5.T ONE,HALF OF SECTION 34, TOWNSHIP 36 SOUTH, RANGE 3a EAST, LESS THE WEST 100· FEET THEREOF. ST. LUCIE COUNTY. flORIDA location;- 9346 Carlton Road. I .."" .·S.-OC~.OASti-~~~ a l2-m~rh extension of an ;,""'~.IiUQ..fI'!Oiw!ed.Una ~op"""'tllD< "'01011"",_ .In~~~pertr-~' ,"" , ' ¡¡ REPtAT OF GLOUCESTER TOWN. PLAT NO, ONE AS RECORDED IN PLAT BOOK 35. AT PAGES 20 & 20A OF THE PUBLIC RECORDS OF ST. LUCIE FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS, .;:.,. ,.~:, BEGINNING AT THE INTERSECTION OF THE EAST RIGHT-Of-WAY LINE Of STATE ROAD A-I-A (A 100 FOOT RIGIH-Of-WAY} AND THE SOUTH LINE OF THE NORTH 3,000 fEET OF SECftON 37. 100WNSHIP 35 SOUTH, RANGE 41 EAST, ST, LUCI:' C()!.:NT'( r·IOPI OA RUN NORTH 22"40'31" WEST, MO,'-JG 1I1l: EASr RIGtH-Of-WAY OF STATE ROAD A.I-I.. ..\ DISTANC[ I OF 463.00 feU TO A POINT; TH[I--JU ~UN NORTH' 67°t9"19~ EAST A DISTANCE Or -¿Sf)!.) Ff:Fr TO A POINT· THENCE RUN SOUTH 22'"40'J! -. [AS T r\ 015- TANCÉ OF 25_00 FEET TO ^ POINT; T:-1tNCE RUN NORTH 67°19'19"' WEST A DISrANC~ o!" 1 0.00 FEFT TO A POINT; THENCE RUN NORTH 22"40·31" WEST A DISTANCE OF 80_00 FEET TO A POINT; THENCE RUN NORTH 67°19.29" WEST A DISTANCE OF 90_00 fEU TO A POINT; THENCE RUN SOUTH ?T.::O'] U /\ DIS TANCE OF 30.00 fEET TO A POINT; THENCE RUN NORTH 67°19'29~ EAST A OISTANCt o'~ 71.11 FffT TO A POINT; THENCE RUN SOUTH 24-'28 24· EAST I, DISTANCE Of 10_51 FEET TO A POINT; THENCE RUN NORTH 65°31'36R EAST A DISTANCE OF 245.49 fEET TO A POINT ON THE MEAN HIGH WATf::;> LINE Of THE ATLANTIC OCEAN, (THE NEXT 8 COURSES RUN ALONG SAID MEAN HIGH WATER LINE) THENCE RUN SOUTH 23°56'20- EAST A DISTANCE OF 23.3D FEET TO A POINT, THENCE RUN SOUTH 23°4S'38" EAST A DISTANCE OF B7.92 FEET TO A POINT; THENCE RUN SOUTH 2S·.6·19" EAST A DISTANCE OF BB.B2 FEET TO A POINT; THENCE RUN SOUTH 2'°41'45" EAST A DISTANCE OF 175.90 FEET TO A POINT, THENCE RUN ·5QUTH 24~19'OS"' EAST kDISTANCE OF BB.74 FEET ·,~O.A,PÒ.IJoiri,IHENCERUN··SOUTH 25·S2'05" EAST A ·DISTANCE 0F,.92.96 FEET TO A POINT; THENCE RUN ·SOUTH 2.05B·43", EAST A.OI.STANCE OF 92.1' FEET . ,JO·A POINT; tHENCE RUN SOUTH 25°41'OB" EAST A ·.DISTANCE OF 29.64 FEET TO A POINT OF INfERSEC. ,. ;TIOI'4 WI!H SAID MEAN filGH WATER UNE AND THE ,SQU1H.'lINE-C>F.THENORTIi.3,ooo FEET OF SECTION .32. TOWNSfil~~5 .soum. R,<.HGE 41 EAST, ST. LUCIE COUNTY,FLORIDA; !HENCE 'RUN .SOUTH 8~0~8'26" .WEST, AlONG SAID SOUTH UNE OF THE NORTH .'3.000 FEET·...OISTANCE OF 506.'8 FEET TO THE EAST ;RJG.I:tT,QF"WAYLINE OF STATE ROAD A·I'A AND THE POINT OF BEGU'ININ~! ·~ARCEl. CONTAINS h.04 ACRES. ,............ " r I I .. ~"'" ·:t9000c.c;..·ori... (Eo" SId. 01 sO<JÍh A.I.", approximatelY' 3 mileS sOUth of the Sf. Lucie County NU<;1eqr '.wer Plonl . . - . puållc HEARINGS will·be held in Commission Cncmbers. ROger POitras· AÒ~ 3rd Floor, St.-Lucie County Adminis~! tration- Quilding. 2300 V-...ginia Avenue, Fort Pierce, Florida I on April 16. 2002. beginning ot 7:00 P.M. ~ os soon thereafter os possibfe. PURSUANT-TO Section· 286.0105, FloC'idc Statutes, if a person. ~ t~ áppeal o~y ~4eds¡on mode by a boord, agency. Of ·cOmmi.ssion .with respect·to any maner consid- ered of :0 meeting Of hearing, he will need a .record of the proceeding;' _and ~, for such purpc¡e¡. he may need to ensurplhot 0_ _~m .'ec:ord af the proceedings is made, which rec:ord includeS the testimony and evidence upon which the appeal is 10 be based BOARD OF COMMISSIONERS ST. LUCIE COUNTY. FLORIDA , /5/ Doug Coward, CHAIRMAN , PUBliSH DATE, Ap"'l 5.2002 23958BO '.t...... ...:.....:..: '" (; (.j <. 'will ,. ~ PLANNING AND ZONING COMMISSION REVIEW: 3121/02 File Number RZ-02-003 MEMORANDUM DEPARTMENT OF COMMUNITY DEVELOPMENT TO: Planning and Zoning Commission FROM: Planning Manager ~ DATE: March 14,2002 SUBJECT: Application of Bakul Patel, for a Change in Zoning from the AR-I (Agricultural Residential-I du/acre) Zoning District to the RM-5 (Residential, Multiple Family- 5 du/acre» Zoning District. LOCATION: Southwest comer of South Kings Highway and Research Center Road. EXISTING ZONING: AR-I (Agricultural Residential -I du/acre) PROPOSED ZONING: RM-5 (Residential, Multiple-family - 5 du/acre) FUTURE LAND USE: RU (Residential Urban) PARCEL SIZE: 25 acres PROPOSED USE: The purpose of the requested change in zoning is to allow the construction of a multiple family residential development. PERMITTED USES: Section 3.01.03(L), RM-5 (Residential. Multiple-familv - 5 du/acre) identifies the designated uses which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "AA"). " SURROUNDING ZONING: ".'.:..: AR-I (Agricultural Residential - 1 du/acre) zoning district surrounds the petitioned property to the north, south and west, RS-2 (Residential, Single-Family 2 - du/acre) and IL (Industrial Light) surrounds the petitioned property to the east. "" c·· c. ~ t March 14, 2002 Page 2 Petition: Bakul Patel File RZ-02-003 SURROUNDING LAND USES: Florida Master Packing House is to the east of the subject property and existing citrus groves are located to the north, south and west of the subject property. The property located to the north is designated with a RS (Residential Suburban) future land use designation, properties located to the south and west are designated with a RU (Residential Urban) future land use designation and properties located to the east are designated with a MXD-Crossroads future land use designation. FIREÆMS PROTECTION: Station # 1, is located approximately 4 miles to the east. UTILITY SERVICE: The subject property is located within the FPUA service delivery area. TRANSPORTATION IMPACTS RIGHT·OF·WAY ADEQUACY: The existing right-of-way for Kings Highway is 50 feet. SCHEDULED IMPROVEMENTS: See Comments 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 detenninations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The applicant is requesting a change in zoning from the AR -1 (Agricultural Residential- 1 dulacre) Zoning District to the RM-5 (Residential, Multiple-family - 5 dulacre) Zoning District. The area in which the subject property is located is currently utilized as citrus groves. The stated purpose of this change in zoning is to allow for the development of the 25 acres as a multi-family residential project. The subject property is adjacent to South Kings Highway, which is a state owned North/South Arterial roadway. Access to the property will be via a driveway from Research Center Road. .. "'.. _# "" c ( """ March 14, 2002 Page 3 Petition: Bakul Patel File RZ-02-003 The RM-5 (Residential, Multiple-family - 5 dulacre) Zoning District has been determined to be an acceptable zoning district for the proposed area. The applicant's request would provide a transitional use from the more intense industrially zoned lands to the east and the less intense residential and agriculturally zoned properties to the west. 2. Whether the proposed amendment is consistent with aU elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the RU (Residential Urban) Future Land Use Designation. According to this table, the RM-5 (Residential, Multiple-family - 5 duJacre) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification ofRU (Residential Urban). The proposed rezoning request is consistent with all elements of the St. Lucie County Comprehensive Plan. As the subject property is located within the FPUA service delivery area, staff will require the developer to submit a letter of sufficient capacity from the service provider prior to receiving site plan approval. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties to the north, south and west are all being utilized as citrus groves. The properties to the east are utilized as citrus groves and a packinghouse. The permitted uses in the RM-5 (Residential, Multiple-family - 5 duJacre) Zoning District are not expected to unduly impact the surrounding area or uses. 4. Whether there have been changed conditions that require an amendment; Conditions have not changed so as to require an amendment. As the Kings Highway corridor develops, there will be pressure to allow more intense uses adjacent to the roadway. The applicant's request will continue to maintain a residential character within the area, yet, also allow for a more intense transitional use between the roadway and industrial uses to the east and the low density residential and agricultural uses to the west 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. The State of Florida Department of Transportation's work program for 2000/200 I - 2004/2005, indicates that South Kings Highway, from Okeechobee Road north to Angle Road was slated for resurfacing in the year 200 I. Currently, this resurfacing project is going fOlWard. The existing right-of-way for South Kings Highway, adjacent to the subject property is 50 feet in width. According to Section 7.04.04 of the S1. Lucie County Land Development Code, the ultimate right-of-way for South Kings Highway from Orange A venue south to Okeechobee Road is 130 feet. ...... .. '" (. c ..., . March 14, 2002 Page 4 Petition: Bakul Patel File RZ-02-003 Based upon this, at the time of site plan approval for the subject property additional right-of-way will be required to be dedicated to the County for the widening of Kings Highway. Under the current AR-I zoning designation, a 25 acre land parcel would be permitted a density of 1 duJacre, equating to a total of 25 dwelling units. Under the proposed RM-5 zoning, the project would be allowed a maximum of 125 dwelling units an increase of 500%. The lIT Trip Generation Book, single-family residential developments generate a total of 10 trips per day and a multi-family complex generates 7 trips per day. Based upon this generation, under the existing zoning, the subject property at its maximum would create 250 trips per day. Under the proposed zoning, the subject property at its maximum density would create 875 trips per day. According to the Spring 200 1 Traffic Counts, South Kings Highway, north ofOkeechobee Road has a LOS Capacity of 15,000 total trips. Currently there are 10,159 trips per day accounted for on this roadway segment. This leaves the remaining capacity of 5,441 trips available for this roadway segment. The proposed rezoning will not negatively impact this roadway segment with an increased capacity and density. At the time of development, a review of the available public facility capacity will be completed. All impacts will be assessed for the development at that time. The FPUA has the proposed area designated within its service delivery area. Prior to obtaining site plan approval, the developer will be required to depict that sufficient capacity is available to meet the demands/needs of any development proposed for the site. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The existing use of the property is a citrus grove. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for the site. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specificaUy identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning. The subject property has access from South Kings Highway and Research Center Road. The request for a change in zoning will continue the development pattern that is occurring along South Kings Highway and will provide a transitional use from the more intense Industrially light zoned property to the east and the low density residentiaVagriculturally zoned properties to the West. 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. '-" ( \ ....., March 14, 2002 Page 5 Petition: Bakul Patel File RZ-02-Q03 COMMENTS The petitioner, Bakul Patel, has requested this change in zoning from the AR-I (Agricultural Residential-l du/acre) Zoning District to the RM-5 (Rcsidential, Multiple-family - 5 du/acre) Zoning District in order to develop a 25 acre parcel of land as a multifamily residential project for property located on the southwest corner of the intersection of South Kings Highway and Research Center Road. The indicated purpose of this change in zoning is to allow for the submission of an application for site plan review for a multi-family residential project. The subject property is in an area designated within the Comprehensive Plan as being compatible with or for the RM-5 (Residential, Multiple-family - 5 du/acre) Zoning District. Attached is a copy of Section 3.01.03(L) - RM-5 (Residential, Multiple-family - 5 duJacre), of the St. Lucie County Land Development Code, which delineates the pemùtted, accessory and conditional uses allowed in the RM-5 (Residential. Multiple-family - 5 duJacre) Zoning District. If the change in zoning request were 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 pemùtted uses exists on the subject property. Any use under the Conditional Uses section could only be allowed if it fIrst receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that it conforms to the Standards Of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval. Please contact this office if you have any questions on this matter. cs cc: Harold Melville Baku! Patel Raymond Hoeffner File H:\wp\rezoning\Baku! PatelstfrpLwpd .' "'.... .:.: ( E, -.... c -..I ( Section 3.01.03 Zoning Disfrict Use Regulations AR-1 ( 1 . Purpose AGRICUL TURAL. 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(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 200.00 of this code. 2. Permitted Uses a. Family day care homes. (999) b. Family residential homes provided thai such homes shall nol be localed 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. (999) c. Single-family detached dwellings. (9991 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 (072) Family residential homes located within a radius of one thousand (1 000) feet of another such family residential home. (999) Industrial wastewater disposal. (9991 Kennels - completely enclosed. (0752) Landscaping & horticultural services (0781 Retail: (1) Fruits and Vegetables. (S43 _ Riding stables. (7999) L Veterinary services. (074) Telecommunication towers - subject to the standards of Section 7.10.23 (999) . ....... .......~ : c. d. e. f. g. h. 7. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: ( Adopted August 1,1990 101 Revised Through 08101/00 '-" l: . ..""" c· Section 3.01.03 Zoning Oistrict Use Regulations a. Agriculture (farms and ranches accessory to single-family detached dwelling), (01102) b. Animals, subject to the requirements of Section 7.10.03. (999, c. Guest house subject to the requirements of Section 7.10.04. (999J d. Mobile Home subject to the requirements of Section 7.10,05. (9991 e. Retail and wholesale trade - subordinate to the primary authorized use or activity. " Adopted August 1, 1990 102 Revised Through 08/01/00 ( " ~ ....... .:. '-' ( \ ..." Section 3.01.03 Zoning District Use Regulations l. RM-5 RESIDENTIAL. MULTIPLE-FAMILY - 5 ( 1. Purpose The purpose of this district is to provide and protect an environment suitable for single-family, two-family, three-family. and multiple-family dwellings at a maximum density of five (5) dwelling units per gross acre, together with such other uses as may be necessary for and compatible with low and medium density residential surroundings. The number in ·0" fOllowing each identified use corresponds to the SIC code reference described in Section 3.01.02(8). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this code. 2. Permitted Uses a. Community residential homes subject to the provisions of Section 7.10,07, (999) b. Family day care homes. (999) c. Family residential homes provided that such homes shall not be located within a radius of one thousand (1000) feet of another existing such family residential home and provided that the sponsoring agency or the Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) d. Multiple-family dwellings (3 or more units) (999) e. Single-family detached dwellings. (999) f. Two-family dwellings. (999) ( 3. Lot Size Requirements ( Lot size requirements shall be in accordance with Sectiqn 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Off-street Parking Requirements Off-street parking requirements shall be in accordance with Section 7.06.00. 6. Landscaping Requirements Landscaping requirements shall be in accordance with Section 7,09.00. 7, Conditional Uses a. Family residential homes located within a radius of· one thousand (1000) feet of another such family residential home. (999) " Telecommunication towers - subject to the standards of Section 7.10.23 (999) . . ....' .....'- . b. 8. Accessory Uses Accessory uses are subject to the requirements of Section 8,00.00. Adopted August 1. 1990 109 Revised Through 08101/00 '-' (" (~ ..." March 8, 2002 COMMUNITY DEVELOPMENT DIRECTOR BOARD OF COUNTY COMMISSIONERS In accordance with the St. Lucie County Land Development Code, you are hereby advised that Bakul Patel has petitioned St. Lucie County for a Change in Zoning fromlhe AR-I (Agricultural, Residential- 1 du/acre) Zoning District to the RM-5 (Residential, Multiple-Family - 5 du/acre) Zoning District. Location: SW Corner of the intersection of Kings Highway and Research Center Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held ai 7:00 P.M., or as soon thereafter as possible, on Thursday, March 21, 2002, County Commissioner's Chambers, St. Lucie County Administraiion 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 Planning and Zoning Comrrûssion should be received by the County Planning Division at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission 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 Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he 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 8t. 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-iiescribed parcel, please forward this notice to the new owner. Please call 561/462-1960 if you have any questions, and refer to: File Number RZ-02-003. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION lti'·· --:n/J _. J-7./ . ,L ~ tlv(£.L{f~ tJ{Þ'{ Stefa atthes, Chairman t ~ l't ...... ..,..,t ~ ~~ JOHN D. O(\UHN, Dis(riCT NO.1" DOUG COWARD, Oisrncr No.2" PAULA A. LEWIS. Disr(lcr No. J . Fn.ANNIE HUTCHINSON. Dlsrrier NO.4. CLIFF OARNES. DlsHicr No 5 (ouf1ry Adminisrrorof . Douglos M. Anderson 2JOO Virginia Avenue . Forr Pierce, FL J4982-5652 Admlr1lsrranan. (561) 462-1590 . Planning: (561) 462-2822 . GISfTechnlcol SeNices: (561) 462-155J Economic Developmenr: (561) 462-1550 . Fax: (561) 462-1581 T ourisr/Convenrion: (561) 462-1529 . Fax: (561 ) 462-21 J2 ·~(. .. .. ... .. . 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"D!\o ~ ~ ~ ~ .þ. ~ 0\ \0 -- 00100 00 .þ. .þ.,.þ. ~I !~ -100 ~ ¡Nit-..) - ~ "¡V. ~I~¡ ¡! ( I : V- I , . !!~!~ 00 - IV ~lwl;:;::; w !..hIVl:O\ !w w ~ _!-!~ OOr~!N ¡N:N N W'W;N ~!\OIO :LJ i ì__.~ i~j .... w = 10\ -- w,wq tiN V. ,v.., !I g !L.JI N Iì 11 ~ S,!i ~., (":) I' 0' S I: b S Ii N c: ,I I =:: o _.11 ~8 ~ti ë' t::IlI ., t'Þ II -< ¡ t::J: œ.11 ~ 0 I ~ ~ I =.. S ¡: ;= ~ Ii &: ~ I ~ ., ~ ~ =- _. n ..... = ë' ., S 1:0:1 C'. o = 00 tÐ ~ .... n tÐ '" ;, " I' II '. '-' 'WII Agenda Request Item Number 56- Date: April 16, 2002 Consent Regular Public Hearing Leg. [ ] [ [ ] [ X I Quasi-JD [ X ] To: Submitted By: Board of County Commissioners Community Development Director SUBJECT: Consider Draft Resolution 02-034, Granting a 12 Month Extension to Resolution the Ocean Oasis PUD. St. Lucie County has received a request from the developer of the Ocean Oasis PUD for a 12-month extension to complete the first phase improvements or the previously approved Planned Unit Development, known as Ocean Oasis. The Ocean Oasis PUD is a 111-unit single-family subdivision, located on South A-1-A, approximately 3 miles north of the St. Lucie County Nuclear Power Plant. BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: On November 24, 1992, this Board approved Resolution 92-238 granting Preliminary PUD approval for the project to be known as ·Ocean" Planned Unit Development. On March 7, 1995, this Board approved Resolution 95-063, granting partial Final PUD for the first phase of this project know referred to as Gloucester Towne PUD. On December 27, 1999, the Community Development Director granted a minor adjustment approval to project that also provided for a second name change for the project now to be known as ''Ocean Oasis". This approval included a specific requirement that the approvals authorizing the construction of this first phase of the Ocean Oasis project would expire on December 27, 2001, and the overall projects approvals become void, unless all of the primary infrastructure improvements associated with the first phase of the project were completed and certified to the County or an extension is granted consistent with the provision of Section 11.02.06(B) of the County's Land Development Code. On December 12, 2001, the Community Development Department received a request for an extension to the approved first phase of the Ocean Oasis PUD. Staff returned this request for additional infonnation. Once this information was received, Staff scheduled the extension at the next available public hearing. N/A N/A Staff recommends approval of Draft Resolution 02- .' COMMISSION ACTION: ULJ APPROVED D DENIED D OTHER 5-0 " Douglas M. Anderson County Administrator County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: '-" ..., Commission Review: April 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners FROM: Dennis Murphy, Community Development Director DATE: April 9, 2002 SUBJECT: Consider Draft Resolution 02-034, Granting a 12-Month Extension to the Phase 1, Ocean Oasis PUD Approval. St. Lucie County has received a request from the developer of the Ocean Oasis PUD for a 12- month extension to their previously approved PUD (Planned Unit Development). The Ocean Oasis PUD is to be a 111-unit single-family subdivision. The project is located on South A-1-A, approximately 3 miles north of the St. Lucie County Nuclear Power Plant. On November 24, 1992, the Board of County Commissioners approved Resolution 92-138 granting approval for the project to be known as the "Ocean" Planned Unit Development. On March 7, 1995, the Board of County Commissioners approved Resolution 95-063 granting a Partial Final Approval for the first phase of the project now referred to as Gloucester Towne PUD. On December 27, 1999, the Community Development Director granted a Minor Adjustment approval to this project that also provided for a second name change for the project now to be. known as "Ocean Oasis". The minor approval included a specific requirement that the approvals authorizing the construction of the first phase of the Ocean Oasis project would expire, and the overall project approvals became void, unless all of the primary infrastructure improvements associated with the first phase of the project were completed and certified to the County or an extension is granted consistent with the provision of Section 11.07.05(F) of the County's Land Development Code. Section 11.07.05(F) provides that the Board may consider one extension, of no more than 12 months, from the original date of expiration. The Board may grant an extension for a shorter period of time. On December 12, 2001, the developer of this project submitted a request for extension to the December 27, 2001 expiration date. At that time, the Community Development Department returned the request to the applicant requesting further information on the site improvements that had been started to date. Staff received the requested information and scheduled the request on the next available Board of County Commission public hearing. The reasons cited for this request for extension are: 1. All taxes through the year 2001 have been paid. 2. The developer has paid the connection fees for sewer hookup. April 16, 2002 Page 2 ....... ..., Subject: Ocean Oasis Extension BCC-02-004 3. The developer has completed the replanting of the dune system. 4. The Building Department has finalized a land clearing permit for the subject property. 5. A Dune Crosswalk Construction Permit has been finalized with the Building Department and with the Florida Department of Environmental Protection. 6. A Foundation Permit for the construction of a temporary sales trailer has been finalized. 7. The developer has stated that the construction drawings for the north and south entry features and gatehouses are ready to be submitted to the County for review and approval. 8. The developer has been working with the Florida Department of Transportation to gain a permit issuance for the deceleration and acceleration lanes for the subject property on A- 1-A and this permit was granted in Janua'ry of this year. Section 11.02.06(B)(3)(c) of the Land Development Code sets out that the maximum period for which a Planned Unit Development may be extended, is twelve months from the original date of expiration. Should the Board agree to the requested extension, any such applicable activities will be retroactive to December 27, 2001 and the extension granted will be from the December 27, 2001 expiration date, as allowed in Section 11.02.06(B)(3) of the St. Lucie County Land Development Code. Attached is copy of a Draft Resolution 02-034 that, if approved, would grant a 12-month extension to the Planned Unit Development known as Ocean Oasis for the construction of a 111 multi-family unit development. If approved, the expiration date for this Planned Unit Development will be December 27,2002. If you have any questions, please let me know. SUBMITTED: ~ IS urphy , COI11!!! ity Development Director < \r "wII RESOLUTION NO. 02-034 File No.: BCC-02-o04 A RESOLUTION GRANTING AN EXTENSION OF A PLANNED UNIT DEVELOPMENT APPROVAL FOR A PROJECT KNOWN AS OCEAN OASIS WHEREAS, the Board of County Commissioners of 8t. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On November 24, 1992, this Board through Resolution 92-238 approved the Preliminary Development Plan for the project known as Ocean PUD (f/kla The Villages of South Hutchinson Island), a proposed 101 unit, Planned Unit Development (95 single-family units and six multi-family units), on property located on the east side of South A-1-A, approximately 3-miles south of the St. Lucie County Nuclear Power Plant. 2. On December 14, 1993, this Board, through Resolution 93-254, granted the first extension to the Preliminary Planned Unit Development approval, to the proposed project. 3. On June 21, 1994, this Board, through Resolution 94-082, granted the second extension to the Preliminary Planned Unit Development approval, to the proposed project. 4. On March 7, 1995, this Board, through Resolution 95-063, approved the petition of James P. Brown, on behalf of Jon H. Berkey, as Trustee, for Partial Final Planned Unit Development approval for the project to be known as Ocean PUD (n/kla The Villages of South Hutchinson Island) in the PUD Zoning District, after publishing a notice of such hearing in the Port 8t. Lucie News and the Tribune and notifying by mail all owners of property within 500 feet of the subject property. 5. On December 27, 1999, the Community Development Director issued an administrative approval granting a minor adjustment to the approved Planned Unit Development Plan for the Ocean Oasis Site Plan. 6. The developer of the Ocean Oasis Planned Unit Development has requested that they be granted a 12-month extension to their Planned Unit Development approval, which if approved would carry this projects approval period through to December 27, 2002. < April 16, 2002 Page 1 Resolution 02-034 BCC-02-004 "-' "wi 7. On April 16,2002, this Board held public hearings 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development Code, the Planned Unit Development granted to Jon Berkey for the construction of the Ocean Oasis Planned Unit Development, is hereby extended for an additional 12 months, which would now expire on December 27, 2002. B. The property on which this Planned Unit Development Extension is being granted is described as follows: A Replat of GLOUCESTER TOWN, PLAT NO. ONE as recorded in Plat Book 35, at Pages 20 & 20A of the Public Records of St. Lucie Florida being more particularly described as follows; Beginning at the intersection of the East right-of-way line of State Road A-1-A (a 100 foot right-of-way) and the South line of the North 3,000 feet of Section 32, Township 35 South, Range 41 East, St. Lucie County, Florida, run North 22"40'31" West, along the East right-of-way of State Road A-1-A, a distance of 463.00 feet to a point; thence run North 67°19'29" East a distance of 25.00 feet to a point; thence run South 22°40'31" East a distance of 25.00 feetto a point; thence run North 67°19'29" West a distance of 10.00 feet to a point; thence run North 22°40'31" West a distance of 80.00 feet to a point; thence run North 67°19'29" West a distance of 90.00 feet to a point; thence run South 22°40'31" East a distance of 30.00 feet to a point; thence run North 67°19'29" East a distance of71.12 feetto a point; thence run South 24°28'24" East a distance of 10.51 feet to a point; thence run North 65°31 '36" East a distance of 245.49 feet to a point on the Mean High Water Line of the Atlantic Ocean; (the next 8 courses run along said Mean High Water Line) thence run South 23°56'20" East a distance of 23.30 feet to a point; thence run South 23°45'38" East a distance of 87.92 feet to a point; thence run South 25°46'19" East a distance of 88.82 feet to a point; thence run South 24°41'45" East a distance of 175.90feetto a point; thence run South 24"19'05" East a distance of 88.74 feet to a point; thence run South 25"52'05" East a distance of 92.96 feet to a point; thence run South 24"58'43" East a distance of 92.14 feet to a point; thence run South 25 "41 '08" East a distance of 29.64 feet to a point of intersection with said Mean High Water Line and the South line of the North 3,000 feet of Section 32, Township 35 South, Range 41 East, St. Lucie County, Florida; thence run South 89"48'26" West, along said South line of the North 3,000 feet a distance of 506.48 feet to the East right-of-way line of State Road A-1-A and the Point of Beginning. .- , Parcel contains 6.04 acres. April 16, 2002 Page 2 Resolution 02-034 BCC-02-004 '-" 'w1I Location: East Side of South A-1-A, approximately 3 miles south of the St. Lucie County Nuclear Power Plant) C. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on December 27, 2002, unless the developer has obtained a building permit for this project. Pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, one additional extension of this Planned Unit Development is available. D. The Planned Unit Development Extension granted under this resolution is specifically conditioned to the requirement that the petitioner, Anthony Yezbeck, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A copy of this resolution shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Doug Coward xxx Vice-Chairman Cliff Barnes xxx Commissioner John Bruhn xxx Commissioner Frannie Hutchinson xxx Commissioner Paula Lewis xxx PASSED AND DULY ADOPTED this 16th day of April, 2002 , April 16, 2002 Page 3 Resolution 02-034 BCC-02-004 \r ATTEST: DEPUTY CLERK H:\projecls\ 1-complele\ocean oasis\extensionl02-034 April 16, 2002 Page 4 ..."" BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY < Resolution 02-034 BCC-02-004 (f) (f) (\1 o c (\1 ill Ü o '-' -wi 1~ - z "'Í'" o o I C\J o ,j .\f ~.. ~ ~.'... elf !. '~,;ë;"I ~ \{ ~ ~ ~ . ~ o " ¿ " o o OJ c. ~ u . u i \ . u ~ " ~ o \ C. , 0: ... ... ... .. ... 0: .. ~ 0: Z ::J 0 ~ ü Z ::J 0 0'011 :Nl :J:JH'II Ü a: ~ I ! æ ~ ... æ z J! ... F .. I I J! a: II: ! O'fOllCl3M CIYOI HO.L1II1'J <I: Z 0: ~ <I: is 'N ... ~ " < ~ ... .. i ... .. ~ .. .. 0: , ... , ., ..:.#~i#· ,,' "..,.....,.¡ S K ! S S, ! AlNnOJ 3380HJ33>iO '\ ,. A Petition of ~an Oasis, to approve a 12-month extension for >J approved Planned Unit Development. Atlantic Ocean Indian River BCC 02-004 [/77/ ~ This. pattern indicates f.LL.LLj subject parcel 5Þr -b~&~~~ GJ-§:¡ ____-,.....=- Map prepared March 25.2002 1 1NItrwphMbMn~bø-n-lp.ri'ogMd"""-~_. N VoNe...,lIIbthM~"""'IÞ~lIwmoll__n~ ~~tilncll""""for_".IIIQ8Irtwd1g~ '-" Ocean Oasis -.J Land Use BCC 02-004 1/77 / ~ This. pattern indicates [LLLL..d subject parcel Atlantic Ocean Indian River 5Ø-h~~~ (iji; , ---.:>~ Map prepared March 25, 2002 1hII1!IIP_bMnOOl'lll*dfarQlnlllllpllrrtngll'ld........~trit· N .,.,. ..., 1IIbIr......... ID INMdII ..... rrIOItG-.tn ~ ~p;IIIIÖI,.IIn.Jt~__..~bn:*Ig~ Zoning Indian '" Ocean Oasis ...., Atlantic Ocean River ... ~ BCC 02-004 1/77 / ~ ThiS. pattern indicates [LLLL.d subject parcel 5ir 4~ri.~!If~~,- <i~ ~>.-.. Map prepared March 25, 2002 ~1nIp.._~~.~~~..-d___~~. 1I..T '-' ,.", CONSE ITEMS r ... ... .++ . . . BOARD '(),F couNTI( COMMISSIO'NER$ M££T1N6 \wt ...." MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Board of County Commissioners FROM: Susan Kilmer, Library Director ~ 13 . ~ DATE: April 9, 2002 SUBJECT: St. Lucie West Library ****************************************************************************** The Board of County Commissioners entered into an interlocal agreement with Indian River Community College in 1995 to provide Library services in a branch capacity on the St. Lucie West Campus ofIRCC. The St. Lucie West Library is a three (3) way usage facility with students ITom Indian River Community College, Florida Atlantic University and the general public having access to all of the technology and collections available through this site. The Library Department, through the State Aid to Libraries grant, provides funding for two (2) full- time staff members as well as operational funds on an annual basis. During the budget review session in 2001 it was also agreed upon that the BOCC would provide additional funding for IRCC out of general revenue. This fiscal year the amount agreed upon to provide these services is $189,034 with $147,947 paid directly to Indian River Community College and $41,087 for the book rental collection. audio book collection, reference books, subscriptions and communication costs paid directly to the vendors. This cooperative venture has been a win-win endeavor for the residents ofSt. Lucie County, with the access to advanced technology, on-site computer training; and a diverse collection of materials for the use of the general populace. The statistics continue to show that the greatest use of this facility does come ITom the general population - so for the money spent the County is getting an excellent return on their investment. Indian River Community College and Florida Atlantic University opened their new 2+2 campus on January 14,2002 with the library being on the three new buildings constructed. Discussions have begun in regards to the equity ofthe costs for operation ofthe facility and we should see a new draft agreement presented for coming fiscal years. We look forward to our continued cooperative library service in this community. '-' .." St. Lucie West Library Budget 2001~2002 Salaries & Benefits Books* Subscriptions'" Communications '" Landmark Audio Books* Equipment* Postage* Other (supplies, utilities, etc) $127,947 28,746 3,200 5,068 1,800 2,223 50 20.000 $189,034 Funding for St. Lucie West Library State Aid to Libraries grant funds County General revenue funds $130,534 58,500 Items marked with an asterisk (*) are paid by the Library for St. Lucie West, remaining items are paid directly to Indian River Community College ($147,947) · , .....; ¡, "'-" ..., AGREEMENT between INDIAN RIVER COMMUNITY COLLEGE and ST. LUCIE COUNTY relating to THE PROVISION OF UBRARY SERVICES AT ST. LUCIE WEST This Interlocal Agreement is made by and between the DISTRICT BOARD OF TRUSTEES of INDIAN RIVER COMMUNITY COLLEGE, (hereinafter referred to as "Trustees") and ST. LUCIE COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "County") to provide a joint use library. WHEREAS, Trustees own real property including a 10,000 square foot library building at the 51. Lucie West Campus; and, WHEREAS, it is Trustee's desire to provide full library facilities for its students and faculty at the 51. Lucie West Campus; and, WHEREAS, it is County's desire to provide branch library services in the S1. Lucie West area as part of the S1. Lucie County Public Library System; and, WHEREAS, the parties hereto have determined that it would be to the mutual advantage of each and in the best interest of both the citizens of St. Lucie County and the faculty, staff, and students of Indian River Community College to provide for the joint use of library facilities. 1 " ~ ....,.¡ NOW, THEREFORE, in consideration of the mutual advantages accruing to the parties and the benefits, promises, and considerations hereinafter set out, Trustees and County agree as follows: I. PURPOSE AND INTENT Trustees and County wish to maximize the use of their respective resources and to provide state-of the-art information services for the students and faculty of Indian . River Community College and the residents of St. Lucie County. It is further the intent of the parties: A To provide high quality library services to the public at large and to the faculty and students of the College. B. To maximize the use of funds and facilities for libraries and avoid unnecessary duplication of facilities and services. C, To jointly provide programs and facilities that are better than either entity could provide on its own. D. To further the relationship betvveen College and the community. E. To provide students and faculty of the College with access to the larger holdings of the Library. F. To provide the citizens of St. Lucie County with access to the electronic resources of the College. II. ROLE OF THE PARTIES ~ In consideration of mutual covenants and promises herein contained, Trustees and County agree as follows: 2 '-" ""'" A. County agrees to provide funds to Trustees in the amount of $118,939 for the purchase of equipment, shelving, books, subscriptions, audiovisual resources, supplies, utilities, and support one full-time staff position including benefits. The 1994-1995 budget to accomplish these ends is attached and hereto referred to as Exhibit A. For fiscal year 1995-96, County agrees to provide funds to Trustees in the amount of $50,000 for the purchase of books, subscriptions, audiovisual resources, supplies, utilities, and additional funding to support one full-time staff position including benefits. B. For future fiscal years, the parties agree to meet on or before February 1 of each fiscal year beginning February 1, 1996 to confer and develop a proposed operating budget. Trustees agree to provide County within ninety (90) days following the end of each fiscal year evidence of expended funds provided and receipts .- supporting those expenditures. C. County agrees that the responsibility for the administration of the shared resources center rests with the College's Learning Resources Director. D. County and Trustees agree that a joint liaison committee wili be established consisting of representatives of the two institutions to examine the shared resources operation and advise the Director on budget, acquisitions, and other aspects of the joint use library operation. E. Trustees agree that equipment and maintenance thereof will be the .~ responsibility of the Trustees except that County will be responsible for the SIRSI on-line catalog terminals and peripherals. 3 f: .' " '-" ....I F. Trustees agree to inventory and advise County of any and all library materials, equipment and furnishing purchased with County funds. Trustees agree that County will control the selection and purchase of books and materials by County for the library. G. Trustees will house within existing library facility mutually agreed upon collections or newly purchased library materials that County deems necessary to support the residents of County. H. Trustees and County agree to provide reciprocal borrowing for residents of 51. Lucie County and the faculty and students of the College. I. Trustees agree to circulate County's library materials on County's circulation system. J. Trustees agree to provide County access to the College's electronic resources. K. Trustees and County will mutually agree upon a wiring infrastructure that will accommodate the library automation systems in use at the 81. Lucie West library facility. L. Trustees agree to be responsible for damages to County's designated equipment and to give proper notification to County when equipment needs normal maintenance or basic service occurring during the periods County's designated equipment is used by Trustees. . "'" 4 , .' '-' ( 'WI M. \I\.41en fully operational, Trustees agree to open the library for public use during the following minimum hours: Monday through Friday 9:00 a.m. - 5:00 p.m.; two nights each week until 8:00 p.m. and fror:n 9:00 a.m. - 12:00 p.m. on each Saturday. N. In the event of discontinuance of funding by the Florida Legislature in subsequent years, or the termination of this contract, the SIRSI library system and rental book collection shall revert to County. All other items shall become the property of Trustees. O. County agrees that Florida Atlantic University will participate in the shared resources center. All parties participating agree to the conditions necessary to maximize access to the information resources provided by each institution. III. TERM: TERMINATION This Agreement shall be effective for a period of twenty (20) years beginning July 1,1995; provided, however, that either party may elect to terminate the agreement with or without cause on 120 days written notice of said termination. Funds involved in said agreement shall be prorated through the date of termination. IV. AMENDMENT This agreement may be amended by written agreement of the parties. V. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic '~ communication) and shall be (as elected by the person giving such notice) hand delivered 5 '-' ...." by messenger or courier service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, and addressed to: As to St. Lucie County: VVith a CODY to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Trustees VVith a CODY to: President Indian River Community College 3209 Virginia Avenue Fort Pierce, Florida 34982-5596 IRCC Board of Trustees Attorney 311 South Second Street Fort Pierce, Florida 34950 or tò such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: (a) on the date delivered if by personal delivery, (b) on the date telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. VI. AU DIT The parties agrees that either party or any of its duly authorized representatives shall, until the expiration offive (5) years after expenditure offunds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the other party involving transactions related to this .~ Agreement. 6 , " '- 'WI VII. PUBUC RECORDS The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. VIII. ASSIGNMENT No party shall assign this Agreement to any other persons or firm without first obtaining the non assigning parties' approval. IX. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS BY: , .~ BY: 7 . . .' .. '" .. ~ . '-' "WI ATTEST: BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE ~~ I ~-r~~SEY PRESIDENT BY: APPROVED AS TO FORM AND CORRECTNESS BY: . /){?~ ATTO y' ~ """ 8 ( To: Submitted By: SUBJECT: BACKGROUND: \ '\...;" FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ....... Agenda Request t3(~ Item.....ttliber --r>ate: April 16, 2002 Consent Regular Public Hearing Leg, [ ] [ X] [ I [ ] Quasi-JD [ Board of County Commissioners Community Development Director ~- "',_ '> /f!{¡,ented By ,- Request of James Fowler, Agent, for an exemption from Section 11.02.09(A)(5), St. Lucie County Land Development Code requiring the preparation of an Environmental Impact Report for the Header Ranches Subdivision - Minor Site plan. The proposed Header Ranches Subdivision site is located at the northeast corner of the intersection of Header Canal Road and Goldsmith Road. The site contains an old citrus grove. According to the applicant and upon field check there is no apparent native canopy vegetation located on this site. This site contains no unique or special habitat. There are no wetlands on the site. County Staff has visited the site and did not observe any threatened or endangered species. N/A N/A Staff recommends approval of the request of James Fowler for relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code for the project to be known as Header Ranches Subdivision COMMISSION ACTION: G:J APPROVED D DENIED D OTHER County Attorney Originating Dept.: Finance: Coordination! Signatures Mgt. & Budget: Other: Purchasing: Other: " v .....,. Commission Review: April 16, 2002 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Dennis Murphy, Community Development Director DATE: April 9, 2002 SUBJECT: Petition of the Header Ranches Subdivision for relief from the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code - Environmental Impact Report (EIR). The developer of the Header Ranches Subdivision is proposing to construct a six-lot residential subdivision located on a 38± acre parcel of land at the northeast corner of the intersection of Header Canal Road and Goldsmith Road. The developer of the Header Ranches Subdivision is requesting that the Board grant relief from a portion of the requirements of Section 11.02.09(A)(5) of the St. Lucie County Land Development Code (LDC). Section 11.02.09(A)(5)(e) requires that all site plans with a land area exceeding 10 acres in overall size include as a part of the site plan review process, an Environmental Impact Report (EIR). The purpose of the EIR is to assess the impacts of the proposed development upon the existing natural environmental conditions. The Board of County Commissioners may grant relief from the requirements for the filing of this report upon the demonstration by the developer that the information being foregone by such relief is not needed in order to determine the impacts of the proposed development upon the existing natural environment. The proposed Header Ranches Subdivision is located within an old citrus grove. The grove is no longer in production. The site contains no unique or environmentally special habitat. There are no observed wetlands on this site. The site has no known habitat for any threatened or protected species. Staff has visited the site and did not observe any threatened or endangered species. Staff recommends approval of the request of the Header Ranches Subdivision for relief from the requirements of Section 11.02.09(A)(5) of the Land Development Code. If you have any questions on this matter, please let us know. J Murphy, AICP ity Development Director DJMI Projects\Header Ranches\EIR WAlVER\ EIR4MEM.wpd cc· County Adrrinistrator Ass'1 County Administrator County Attorney Jerry James James Fowter File .,.- ........ ~ Agenda Request Item Number Date: c,3b April 16, 2002 Consent Regular Public Presentation leg. [ [ x] [ ] [ ] Quasi-JD [ SUBJECT: Road Contribution and Construction Agreement for the' provements to Prima Vista Boulevard associated with the development of the Pine Summit Apartment ted By To: Submitted By: Board of County Commissioners Community Development BACKGROUND: Attached is copy of a Road Contribution and Construction Agreement for the improvements to Prima Vista Boulevard associated with the development of the Pine Summit Apartment project. On September 11, 2001, this Board, through Resolution 01-133, approved the development of a 320 unit apartment project to be known as Pine Summit Apartments. This project is located east of South US #1, just to the northeast of the intersection of Prima Vista Boulevard and South US #1. Among the condition of approvals associated with this project were requirements that the developers extend Prima Vista Boulevard from the end of the planned improvements associated with Prima Vista Crossings Shopping Center to an through the projects (Pine Summit) frontage. The attached agreement, addresses the options of the developers of this project to seek road impact fee credits and potential reimbursements through the Lennard Road MSBU for any improvements to Pñma Vista Boulevard that are above and beyond those required by the Pine Summit project. This agreement is consistent with the agreements approved by the county with the developers of the Prima Vista Crossings Shopping Center in late 2001. FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends approval the Road Contribution and Construction Agreement with Pine Summit llC as it relates to the construction of Prima Vista Boulevard, east of South US #1. [X] APPROVED D OTHER D DENIED < COMMISSION ACTION: Coordination/ Signatures County Attorney Originating Dept.: Finance: Mgt. & Budget: Other: Purchasing: Other: (AGEND623a) ""'" COMMISSION REVIEW: April 16, 2002 MEMORANDUM COMMUNITY DEVELOPMENT DEPARTMENT TO: Board of County Commissioners FROM: Community Development Director DATE: April 10, 2002 SUBJECT: Road Contribution and Construction Agreement for the improvements to Prima Vista Boulevard associated with the development of the Pine Summit Apartment Attached is copy of a Road Contribution and Construction Agreement for the improvements to Prima Vista Boulevard associated with the development of the Pine Summit Apartment project. On September 11, 2001, this Board, through Resolution 01-133, approved the development of a 320 unit apartment project to be known as Pine Summit Apartments. This project is located east of South US #1, just to the northeast of the intersection of Prima Vista Boulevard and South US #1. Among the condition of approvals associated with this project were requirements that the developers extend Prima Vista Boulevard from the end of the planned improvements associated with Prima Vista Crossings Shopping Center to an through the projects (Pine Summit) frontage. The attached agreement, addresses the options of the developers of this project to seek road impact fee credits and potential reimbursements through the Lennard Road MSBU for any improvements to Prima Vista Boulevard that are above and beyond those required by the Pine Summit project. This agreement is consistent with the agreements approved by the county with the developers of the Prima Vista Crossings Shopping Center in late 2001. Staff recommends approval the Road Contribution and Construction Agreement with Pine Summit LLC as it relates to the construction of Prima Vista Boulevard, east of South US #1. If you have any questions, please let me know. DJMI pinesummiCroad conCmemo1 (h) cc: County Administrator County Attorney Public Works Director .' , '-' ....." ROAD CONTRIBUTION AND CONSTRUCTION AGREEMENT (Pine Summit Apartments) This Agreement made and entered into this _ day of LUCIE COUNTY, a political subdivision of the State of (" Developer). , 2002, by and among ST. Florida C'County"),and Pine Summit, LLC, RECITALS WHEREAS, Developer is the owner of certain property located within St. Lucie County as more particularly described on Exhibit 1 attached hereto and made a part hereof ("Developer's Property"). WHEREAS, On September 11,2001, this Board through Resolution 01-133 approved the development of a 320 unit apartment project to be known as Pine S4ml'l1itApartmentsC"project") as more particularly shown on the site plan attached hereto as Exhibit2(siteplan). WHEREAS, In order to complete the Proj~ct, it is netessal)'toç()nstruct a portion of Prima Vista Boulevard by making certain roadway improvements as shownån the Site Plan ("Prima Vista Boulevard Improvements"). WHEREAS, County is the legal entity responsible for the construction and maintenance of Prima Vista Boulevard and desires all partiêS to/execute ah4gl'è¢triet1fto insure the construction of the Prima Vista Boulevard Improvements and the compliance wîfhtheprovisions of this agreement. NOW, THEREFORE.Jorand in cOl'1sider(ltion of these premises, the mutual undertaking and conditions contained and (lssumedherein, thereteipt and sufficiency of which is hereby acknowledged, the Developer ancfthe County hereby covenånt and agree as follows: 1. Recitals. The recitals contained herein above are true and correct and are incorporated herein by reference. 2. Responsibilities. " 2a. Improvements. The Prima Vista Boulevard Improvements shall include all component parts thereof, including the dedication and/or conveyance of the land underlying same, and all other appurtenances as shown upon the approved plans for the construction of the Prima Vista Boulevard Pine Summit Apartments/ Prima Vista Boulevard Road Contribution Agreement Aprilló. 2002 Page 1 '-" ~ r" l Improvements. 2b. Design. Developer shall cause its professional engineers, registered in the State of Florida, to design the Prima Vista Boulevard Improvements in accordance with all applicable regulations, standards and specifications. Such design shall be fully subject to the approval of the County Engineer and shall conform in all respects to the written criteria of the County governing road construction ultimately to be accepted by County for ownership, operation and maintenance. County reserves the right to charge reasonable fees commensurate with the costs to County of reviewing such engineering plans and furnishing to Developer's engineer information regarding same. All such plans shall be subject to the approval of any agencies having jurisdiction over the design and construction of the Prima Vista Boulevard Improvements. (The plans, once approved, are hereinafter referred to as the "Approved Plans".) 2c. Construction. Developer will construct the Prima Vista Boulevard Improvements in accordance with the Approved Plans utilizing a licensed general contractor. The form of the contract for construction shall be a standard AIA form. The contract will provide that the Contractor shall provide a public construction bond in accordance with Section 255.05, Florida Statutes. County shall have the right to inspect all of the Prima Vista Boulevard Improvements, andtocausethe Developer's engineer to conduct tests thereon, as construction progresses to..assure Countythatthe Prima Vista Boulevard Improvements are constructed in accordance with the Approved Plans and are further consistent with the criteria and specifications governing the qualityohdkil'1dofc:onstruction.lf requested by the County, the Developer's engineer of record and/or thf::(;C)unty's enginee"Orauthorized inspector shall be present at all tests pertaining to the Prima Vista Boulevard Improvements, CoUnty reserves the right to charge an inspection fee not to exceed 1% of the cOSt of the c.onstructiorrofPrima Vista Boulevard Improvements. County reserves the right to charge Developer the applicable permit fee for road construction and recording costs. 2d. Costs. Deve oþershall maintc:fi~;'~c:;#Uhi'fecost records of all professional fees (including legal, surveying, title, andel1gineeril1g fees) andc:fll;construction and other costs reasonably relating to this Agreemf::l1tc:\ndthe Prima Vista Bou.levard Improvements (collectively, the "Costs"). The Costs shall include reimburSf::ments to the County for plan review fees, inspection fees, permit fees and similar reimbursements under this Agreement. The Costs shall be furnished to the County contemporaneously with, and as prerequisite for, the acceptance by County of the Prima Vista Boulevard Improvements. 3. Road Impact Fee Credits Pursuant to the Code of Ordinances of St. Lucie County, Florida, the County shall provide to the Developer, credits against County road impact fees (collectively, "Road Impact Fee Credits") up to the Coststhe Developer incurs in connection with the Prima Vista Boulevard Improvements, less an allowance fortripsgenerc¡tedby the development. The Road Impact Fee Credit, shall include the value of the land contributedonthe following basis: , < The greater of the following (if applicable): 3a. 120% of the value as assessed for ad valorem tax purposes by the Office of the Property Pine Summit Apartmentsl Prima Vista Boulevard Road Contribution Agre.ement April 16, 2002 Page 2 '-" .J Appraiser of St. Lucie County; or 3b. The value as determined by virtue of the Independent Property Appraisal, subject to the Required Property Review Appraisal, as provided by the applicable ordinances of St. Lucie County. If the Developer does not institute the valuation process as contemplated in (b) above, the value as provided in (a) above, shall establish the fair market value for the property to be dedicated. Any Road Impact Fee Credit authorized by the Board of County Commissioner for St. Lucie County shall be done consistent with the requirements of Section 1-17-33.1 of the Code of Ordinances for St. Lucie County. To the extent that there are sums not so credited because the Costs and land values exceed the amount of road impact fees payable by Developer ("Credit Shortfall"), the Credit Shortfall shall be subject to further reimbursement as set forth below. 4. Refundable Advances. To the extent that the Developer is entitled to Road Impact Fee Credits and the same are not credited, to the extent of the Credit Shortfall, the Developer shall be entitled to a contingent refund of such sums based upon the future utilization of the PrimaVistaBoulevard Improvements by persons, firms or corporations owning and developing properties located between the intersection of Lennard Road and Prima Vista Boulevard and the eastern boundary of the Prima Vista Boulevard Improvements ("Future Users"). The County and the Developer shall execute a CredifAgreement providing that the Developer shall, to the extent of the Credit Shortfall, be paicfthe road impact fees paid by all Future Users. The term of this obligation shall be limitedto ten (lO)years after the date of conveyance of the Prima Vista Boulevard Improvements to the County. Notwithstanding the{org()ing, if a MunicipaF5êrvice Benefit Unit ("MSBU") is created which includesthêerilt1~Xista BOlJlevarê~mprovements>the Developer's property shall be included in the MSBU and the MS~lJshallilnmediatelypaythe Credit Shortfall. 5. Notice. UnfHfurther wr'ittenriotic.e by either party to the other, all notices provided for herein shall be in writiog and transmittedbylTles.senger, by mail or by telefax and, if to the Developer, shall be mailed to DeVeloper at: as to Developer: Martin Kartzmark Pine Summit LLC 7440 South Federal Hwy. Port St. Lucie, Florida 34952 ." " and if to the County at: St. Lucie County c/o County Attorney's Office 2300 Virginia Avenue Pine Summit ApaMmentsl Prima Vista Boulevard Rood Contribution Agreement April 16, 2002 Page 3 '-" .....", Fort Pierce, FL 34982 6. Recordation of Agreement. This Agreement shall be recorded in the Public Records of St. Lucie County, Florida. 7. Remedies. In the event of a default hereunder, the non-defaulting party shall have all remedies at law or equity, including the remedy of specific performance. In the event of any litigation relating to this Agreement, the prevailing partyshalFbe entitled to recover all expenses and costs incurred, including reasonable attorney's fees and paraprofessional fees, including, but not limited to, appeals, bankruptcy and collection. 8. Time of Essence. Time is of the essence with respect to each provision of this Agreementwhich requires that action be taken by either party within the stated time period, or Upon a specifieddAfe. 9. Venue. The venue of any litigation arising out of this Agreement shall be St. Lucie County, Florida. All parties waive trial by jury. 10. Headings. Thehêadings containedì6fþis Agreemel1fare for convenience of reference only, and do not limit or otherwiseClffectin any waytfíêmêaning or interpretation of this Agreement. 11. Pronouns. I"this Agreement;theg$çof any gender will be deemed to include all genders, and the use of the singular will include theplurâl;wherever it appears appropriate from the context. 12. Waivers. The failure.or delay of any party at any time to require performance by another party of any provisionofthisAgreement, even if known, will not affect the right of that party to require performance ofthatprovision or to exercise any right, power or remedy, and any waiver by any party of any breach of any provision of this Agreement should not be construed as waiver of any continuing or succeeding breach of provisions, a waiver of the provision itself, or a waiver of any right, power or remedy under this Agreement. No notice to or demand on any party in this case will, of itself, entitle a party to any other or further notice or demand in similar or other circumstances. .- . Pine Summit Apartments/ Prima Vista Boulevard Road Contribution Agreement April 16, 2002 Page 4 ~ .., 13. Binding Effect. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, and shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 14. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. 15. Construction. This Agreement shall be construed as the joint and equal work product of the parties and shall not be construed more or less favorably on account of its preparation. 16. Entire Agreement. This Agreement constitutes the entire Agre~tn~ntþetween the parties relating to the subject matter hereof and supersedes all prior agreementSör understandings madein connection with the subject matter. No modification or amendment of this Agreementshallbebinding upon the parties unless the same is in writing and signed by the party to be bound. ATTEST: OF COUNTY COMMISSIONERS LUCIE COUNTY. FLORIDA BY: Deputy· Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney " Pine Summit Apartments! Prima Vista Boulevard Road Contribution Agreement April 16, 2002 Page 5 "'" ...,j WITNESSES: PINE SUMMITT. LLC Print Name: BY: Print Name: Title: Print Name: STATE OF FLORIDA COUNìY OF The foregoing instrument was acknowledged before me this day of , 2002, by ,the .of PINE5UMMITT. LLC" who is_ personally known to me, or _ who has produced asidentification and who_ did/_not take an oath. ~~ Notary Seal Nota,.yPublic, State of Florida PrintName: MY Commission Expires: " < Pine Summit Apartments/ Prima Vista Boulevard Road Contribution Agreement Apríl16, 2002 Page 6 "" EXHIBIT A legal descriptIon Pine Summit Apartments/ Prima Vista Goulevard Road Contribution Agreement -..I . . - Aprd 16, 2002 Page 7 "'" ..." EXHIBIT B Site Plan Pine Summit~~lparttnents Pille Summit Apartmentsl Prima Vista Boulevard Road Contribution Agreement , - April 16, 2002 Page 8 \--.- "" AGENDA REQUEST I~ NO. C-4 DATE: April 16,2002 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Paul Julin Project Manager SUBMITTED BY(DEPT): Central Services SUBJECT: Amendment to Work Authorization/C02-01-232 Edlund & Dritenbas Architects BACKGROUND: Through Continuing Contract, staff has worked with Edlund & Dritenbas Architectural & Engineering Firm to prepare drawings and estimated cost for the Administration Building Addition. Once this was completed and reviewed, it was determined that the scope of services would need to be amended to include the building facade, (please see attached). To unify the architectural theme, this facade will encompass the existing first and second floor along the west and south elevation of the Administration Building along with the new construction in the amount of $700,000.00. FUNDS AVAIL: 310003-1930-562000-16008 (Impact Fees-Other Public Bldgs.) $300,000.00 PREVIOUS ACTION: The Board of County Commissioners approved the use of Edlund & Dritenbas through a Work Authorization on January 15th ,2002, Item No C-7. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Amendmentto Work Authorization C02-01-232 to the amount of $197,438.00 and authorize the Chairman to sign when prepared by the County Attorney. MISSION ACTION: [x] APPROVED [] DENIED [ ] OTHER: - Co"", ^,,,m"'Q /}'( Originating Dep . j'¡..4.- Finance: (Check for Copy only. if Applicable) Coordination/Siqnatures Mgt. & Budget: Purchasing Mgr.: ¡? , Other: Other: Err. 1/97 H; \dgenda request for-m. ,.:;;.;:.1 ""......, .:a' t, .. "- , . ,a~~~ :',:" ~_.~"..:. .;~. : ' . . . . . . " ',~' ~. , ", -' , . EO~~q.&'g"~"t~~~~~ ARCHIT-EeTS"'~Ä'~"" .'" .' - ,', : -.d .. .... -" . . .,'. , . .~, Members of the American Institùte of Architects AR# AACO00886 " 8 April 2002 To: Project: Re: Paul Julin, Project Manager, Central Services '. Administration Building Additi~n, Comm.#030201'VB . Revisions to the Owner Architect Agreement AlA Document BÍ41-1997 County Project # C02-01-232 ' . Dear Mr. Julin, \ . Our current Agreement between St. LuCie County and Edlund & Dritenbas Architects,. dated 24 January 2002, requires minor revisions due to the reCent change in the scope of the project. These agreement revisions are being submitted in accordance with Article 1.3.3.1; The af!reement revisions consist of the following: 1. Revising the detailed description of the Project on page 1-1. 2. Revising the project budget and time parameters; Article 1.1.2.5 & 1.1.2.6, on page 1-2. 3. Revising the Architect's compensation; ArtièIe 1.5.1, on page 1-11. . 4. Removing Opinion of Probable ProjectCost #2 and replacing it with Option #3,Oplniòn of Probable Project Cost #3 consisting of two pages. 5. Removing the State of Florida, Department ofManageme'nt Services, Fee Schedule for' Architectural and Engineering Services with a stipulateliconstruction budget of$I,072,71O, and replacing it with the enclosed copy depicting a construction budget of$I,860,000. 6. Removing the Project Time Parameters document, (two pages), and replacing it with the revised Project Time Parameters schedule dated 8 April 2002. Paul, these revisions to our agreement will bring it current with the scope depicted in Option #3. We are still waiting for your authorization to proceed. I feel that the survey work could start at this time to prevent any delays, but I need authorization to turn them loose on the project with an assurance that they will receive compensation through our agreement with the County as a Reimbursable Expense. We are in receipt of the marked-up elevation study ftom Commissioner Hutchinson that deleted the arches. A quick response would be greatly appreciated. We need to get this project going to prevent any further delays and potential increases in construction costs. Please advise as soon as possible. XC: Mr. Dan McIntyre Mr. Robert Bradshaw Page I of I C:OJ020IVB.doc 65 Royal Palm Pointe. Suite D. Vera Beach. FL 32960 Vero Beach 561/589-4320 Oeerfield 954/429-0995 Fax 561/569-9208 Fu 954/421-8269 email edarch@sunet.net '-' 1 9 9 7 ED I T .1 ...", AlA DOCUMENT 8141-1997 _Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services A G R E E MEN T made as of the 24ch in the year 2002 (In words, indicate day, /IIontll and year) the Cwency fourth day of January in the year two thousand two. (Revised 8 April 2002 ) BET WEE N the Architect's client identified as the Owner: day of January This document has importa legal consequences. Consultation with an attorney is encouraged wilh respect 1o its completion or modification (Name, address and otller information) St. Lucie County, Florida 2300 Virginia Avenue Fort'Pierce, Florida 34982-5652 TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF n PARTIES 1.3 TERMS AND CONDlTlm and the Architect: (Name, address and otller inforuMtioll) Edl~nd & Dritenbas Architects, P.A. 65 Royal Palm pointe, Suite "D" Vero Beach, Florida 32960 1.4 SCOPE OF SERVICES AN OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION For the following Project: CODDD. 103020 IVB, Administration Bui1di~gAdditiOli (/nclude detailed descriplioll of Project) The project will consisc of site development, a two story masonry addition and interior buildout; ground floor of 3,550 sq. ft, second floor of 3,741 sq. ft. In addition, a second floor addicion and incerior buildout over che A~ tax colleccor totaling 2,200 sq. ft. An east to west covered walk- ~ way and improvements on the south and west building facades. ,~ -. .. -';"1...:..- - 01997 AIAq,) AtA DOCUMENT B141-1997 STANDARD FORM AGREEMENT The Owner and Architect agree as follows. Copyright 1917, 1926,1948. 1951,1953, 1958. 1961. 1963, 1966, 1967. 1970, 1974,1977, 1987,01997 by The American Instirute 01 Archirecls. Reproduclion ollhe malerial herein or subsran'ial quotation 01 ils provisions withoul wrillen permisšion 01 rhe AlA violares Ihe copyrighllaws 01 rhe United 51ales and will subjecl Ihe violalor ro legal prosecu- tion. WARNING: Unlicensed photocopying violates u.s. copyright laws and will 5ubJtcr rhe vlol.for to legal prosecution. The American Inslilute 01 Archilec's I73S New York Avenue. N.W. Washinglon, D.C. 20006·5291 "" ARTICLE 1.1 INITIAL INFORMATION 1.1.1 This Agreement is based on the following information and assumptions. (Not.· 1/1<' .Ii-'po.<itiOl' for ,lIe followillg items by inserting the requested infor//lation or a slalemen' such as "no' "l'l'li",¡'¡,,:' "lIlIkllow" IIltim" of "xcClltioll" or"to be determined la'er by //Iutual agree//lent. ") 1.1.2 PROJECT PARAMETERS 1.1.2.1 The ohjective or use is: (1.I,·ntif); or ,f,'scribe. if IIppropriate. proposed use or goafs.) ...., The building use will be offices. Group B. per the Standard Building Code. 1.1.2.2 The physical parameters are: (ldelllify or d"cribe. if appropriate. size. location. dimensions, or other pertineut information. slid, liS geotecll/lieal reporls abollt tile site.) This is an addition to an existing building. The south elevation will front Virginia Avenue. 1.1.2.3 The Owner's Program is: (ld....tify do.."",enlation or s'ale Ihe //I'//Iner in which Ihe program will be developed.) The program was previously established in the feasibílity study dated 29 May 2001. Additional programming will be required for the Community Development Division. and is included in this proposal. 1.1.2.4 The legal parameters are: (ldmtify pertillent h'gal illformation. inelllding. if approprÍtlte. land surveys and legal descriplions and restrictiolls of ,he site.) The Owner shall supply as built surveys of the existing site and a legal description for same. Drawings of the existing building shall be supplied to the Architect as requested to assist in the structural connection design. 1.1.2.5 The financial parameters are as follows. . .1 Amount of the Owner's overall budget for the Project, including the Archilect's compensation, is: $ 2. 101 .036.00. .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: $ 1.903.598.00. 1.1.2.6 The lime parameters are: (Idelltify. if appropriate, miles/one dates, durations or fast track scheduling.) As yet. no time parameters have been established. The Architect will prepare a written timetable following approval of this agreement. (See attached Project Time Parameters Revised 8 April 2002). 1.1.2.7 The proposed procurement or delivery method for the Project is: (ldelltify lIIetllOd SIIeh as competitive bid. negotiated contract, or cons/rltctioll matlage//len!.) Design, Bid. Build. Competitive bid using general contractors licensed, insured and bonded in the State of Florida. 1.1.2.8 Olher parameters are: (1.I,·ntify special characteristics or needs of the Project such as energy. enviro",liental or historic preserm/ion rc< uircmrllls.J Stormwater permitting shall be through South Florida Water Management District. Minor site plan approval shall be through St. Lucie County Department of CODDunity Development. These services are included in the Architect's fee. WMNING: Unlicensed photocopying vlol.,.. u.s. copyright law. .nd will .ub ecllhe vlol.tor to ~g.1 pro.ecutlon. I 8 °å·~~O ~ ()1997 AlA/!) AlA DOCUMENT 8141-1997 STANDARD fORM AGREEMENT The American '",Wule or Architects 1735 New York Avenue. N.W. Washinglon. D.C. 20006-5292 '-" 1.4.2 Speciallerms and Conditions. Special terms and conditions thatllllxtify this Af\rccll1cllt .IIl' as li,lImvs: See Article 1.6.0. ""'" ARTICLE 1.5 COMPENSATION 1.5.1 I"or hc Architect's scrviccs as describcd ulIllcr Article 1.4. colllpcnsalioll shall hc compllted as fullows; Compensation shall be a fixed stipulated sum of $ 141.300.00 comb in with $56.138.00 in reimbursable expenses itemized in 1.5.5.. for a total of $197.43 Schematic Design Documents 15% $ 29.615.00 Design Development Documents 20% $ 39.488.00 Working Drawings ' 45% $ 88.848.00 Bidding and Negotiations Phase . 05% $ 9,872.00 Construction Administration Phase 15% $ 29,615.00 100% $ 197.438.00 * See bottom of page. 1.5.2 If the scrvices of lhc Architect are changed as described in Subparagraph 1.).3.1, the Archilect's cOlllpellsalion shall he adjusled. Such adjuslmenl shall be calculated as describcd helow or, if 110 method of adjustment is indicated in this Paragraph 1.5.2. in an equitable 111 an nero (llIsert /lIIsis of coII/I'CIlsllti"lI. illellldillg rates alld I1IlIltil'les of Direct l'orsollllel EXl'el/se for PrillciPllls 'lilt! ell/l'loyees, (/lid i.lemify I'rillcil'als mId classify ell/l'loyees, if reqllired. ldelllify specific serl'iæs to IVllief, !,lIrtic- ullll' lI/et/lOd, "lw/II!,ellsllIÎlII/ III'I"Y) Should the scope of work change and the construction budget is increased, the Owner and Architect will re-negotiate compensation using the attached Department of Management Services chart. or by applying the following hourly rate scale. Paul U. Dritenbas. Greg D. Edlund, John F. Binkley, Arcbtiects $ 110.00 per hr. Chris Crawford, Intern Architect $ 75.00 per hr. Level One CADD Technicians $ 65.00 per hr. Clerical and Administrative $ 38.00 per hr. 1.5.3 For a Change in Services of the Architect's consultants. compensation shall he computed as a multiple of one point one zero (I. 10 ) times the amounls hilled to thc Archilcct for such scrvices. 1.5.4 For I{eimbursahle Expenses as described in Subparagraph 1.3.9.2,-and any other ilems ¡lIeluded in Paragraph 1.5.5 as Heimbursable Expenses. lhe compensation shall be compuled as a multiple of one point one zero (I. 10 ) times lhe expcnses incurred hy the Architcct, and the Architect's employees and consultants. 1.5.5 Olhcr (cimhursahle Expenses. if any. are as follows; See attached breakdown of reimbursable expeoses titled "1.5.5 Reimbursable Expenses Summary for Lump Sum Submittal", Page 1-14. * The Architect shall be compensated 7.6% of Additive Change Orders for items not due to errors and omissions of the Architect or his consultants. WARNING: Unlicensed pholocopyinB ...Iolales u.s. copyrlghllaws and will sublecl the vlolator.o leBa I prosecurlon. I nfll .. " O. .0 0".-- ."0. 0=<> = © 1991 AIA@ AlA DOCUMENT 8141-1997 STANDARD FORM AGREEMENT The American In~filuh~ or A(chileCIS I7JS New York Aven"e. N.W Washinglon, DC 1000(;·5192 ~ ""'" option 3 OPINION OF PROBABLE PROJECT COST #3 SITE DEVELOPMENT TWO STORY UTILITIES DEPARTMENT ADDITION & BUILDOUT 2"D FLOOR ADDITION & BUILDOUT OVER TAX COLLECTOR EAST-WEST COVERED WALKWAY& TWO TOWERS FACELIFT ON TWO STORIES AT PROPERTY APPRAISERS OFFICES FACELIFT ON WEST & NORTH FACES OF OLD COMMISSIONS CHAMBERS , 20 October 2001 L Site Development Costs A) Handicap parking modificationsJ new sidewalks ramps $ 20,000.00 B) Storm water retention modifications $ 30,000.00 C) Landscape, Irrigation, Sod modifications $ 25,000.00 D) Lift Station to 12"force main $ 55.000.00 Sub Total I $130,000.00 lL Two Story Utilities Dept. Addition and Buildout A) Ground Floor 3,550 sj x $120.00 Isf = $ 426,000.00 * B) 2nd Floor (shell only) 3,741sfx$ 75.001sj = $ 280,575.00 C) 2"d Floor buildout 3,741 sfx $ 45.001sj = $ 168,345.00 D) S. W. Tower entrance 256 sf x $ 90.001 sf = $ 23,040.00 E) Tower at Tax Collector Entrance 256 sf x $ 90.001 sf = $ 23,040.00 F) Fire Sprinklers (not required by calculations) = $ 000.00 G) Contingencies @ 2% $ 18.420.00 Sub Total II $ 939,420.00 IlL 2nd Floor Addition and Buildout over Tax Collector A) Groundfloor (exterior facelift) $ 100,000.00 * B) 2nd Floor (shell only) 2,200 sj x $ 75.00 = $ 165,000.00 C) 2nd Floor buildout 2,200 sf x $ 45.001 sj = $ 99,000.00 D) Fire Sprinklers (not required by calculations) = $ 000.00 E) Contingencies @ 2% = $ 7.280.00 Sub Total III $371,280.00 IV. East-West Covered Walkway and Two Towers A) Tower at Property Appraiser Entrance 256 sfx $90.001 sf = $ 23,040.00 B) Tower at East end of walkway 256 sf x $90.001 sf = $ 23,040.00 C) Covered Walkway Roofand Columns 1447 sj x $60.001 sf $ 86,820.00 D) Contingencies @ 2% $ 2.658.00 Sub Total IV $135,558.00 V. Facelift on Two Stories at Property Appraisers Offices A) 93 linear .feet x two stories = $173,000.00 B} Remove the 3 '-6" cantilevered section and rebuild the wall at the secondfloor = $ 50,000.00 C) Contingencies @ 2% $ 4.460.00 Sub Total V $227,460.00 Page I of2 \v VI. .. -. ~ --"...-. . ...., Facelift on West & North Faces of Old Commission Chambers A) 67 linear feet x 1.5 stories = B) Contingencies @ 2% = Sub Total VI $ 55,275.00 $1.105.00 $ 56,180.00 VII. Other Cost A) Architect I Engineers fees @ 7.6% B) Reimbursable Expenses C) Impact fees I bldg permit fees D) Applicationfees, miscellaneous E) Fire alarm I Security system F) Furnishings 0) Building signage Sub Total VII $ 141,300.00 $ 56,138.00 $ 22,000.00 $ 3,000.00 $ 16,000.00 (not included) $ 2.500.00 $ 240,918.00 Total to act as Project Budget $2,101,016.00 · Shell improvement will include electrical service 10 an empty panel. and main supply and return chiller lines. NOTE: Opinions expressed in this report represent the professional opinion of the finu of Edlund & Dritenbas Architects, P.A. We have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. Edlund & Drltenbas Architects, P.A. does not warr~nt that this opinion of probable construction cost will not vary trom actual costs incurred by the client. Respectfully Submitted, Paul U. Oritenbas, Architect A.I.A. Page 2 of2 C:03020IVB.doc TENS OF THoU9ANo HUNDREDS OF THOUsANDs M.£ ) , I" 1 2 3 4 5 67891 2 3 4 5 67891 I ~- 3 4 567891 , . 17 I' , 15 \ FW\ GI.~ -- l' \. - .- \ \ \ P " \ \ \ 12 " \. S& \. :.t.¡ :1 ~ '\. ........ .......... \. .~'I. .... "- -;-;;Jl ~ '. .... ..... ~~ ...... ·C. 1 -- .;::,... ¡.... .'\. ....... .........'" ~~ ""=:> ~ 9 -... .... "- ........... - '" , ............ ....... ---- "\. - ........... ~ ...... ~! ....... ..... "- -- =-- '. .... -....... .... ... 7.f,% ~ .......... "" ..... -- ......... I~ - - ............. 1"'-1"-- .......... r--... -- ............ r-.. t-' -- 7 ].f:' J -- ........ ..... ......... , ........ --...:... --- .... ........... ...... ....,.,. - - i--. ...., ......... ........ ~ ...................... ....... -- -- , - ....... ....... I'-- r-- - .... -- --- ..... - .... - - 5 STATE OF -:LOAIDA, DEPARTMENT OF MANAGEMENT ~r-:RVICES '" DIVISION OF BUILDING CONSTRUCTION' "'" FEE SCHEDULE FOR ARCHITECTURAL AND ENGINEERING SERVICES CONSTRlJCT1ON BUDGET i 860 (!JðO PERCENT OF CONSTRUCT! ON Bt.OGF.T Aft::- FŒ'""CALCS : :Iii, £*.0, C700 )( 7. (P% := Þ ¡if/) '300. i90 (See Reve... SIde' PRoJ8:-T: COUIJ1Y At>MltJ. "e>~. Å f)D/ nOA) ~ : 51. LUciE=' cOUNTY \w 'wi' 8 April 2002 To: Project: Re: Paul Julin, Project Manager, Central Services Administration Building Addition, Comm. #030201VB Project Time Parameters (Updated) (In accordance with the Owner/Architect Agreement, Article 1.1.2.6) Dear Mr. Julin, In accordance with Article 1.1 of our Agreement for Services dated 18 October 2001, we are herewith submitting a proposed timetable for the project design and construction. The timetable also includes time for the Central Services to solicit a public advertisement for qualified General Contractors who may be interested in bidding on the project. TASK START FINISH 1. OWNER! ARCHITECT AGREEMENT 18 OCT 01 24 JAN 02 2. SCHEMATIC DESIGN DOCUMENTS, SITE PLANNING DOCUMENTS, AND THREE FRONT ELEVATION STUDIES 25 JAN 02 26 FEB 02 PROJECT ON HOLD WHILE THE COUNTY DETERMINES FUNDING FOR OPTION #3 (THE PROJECT WILL TRACK WITH THE FOLLOWING SCHEDULE ASSUMING AUTHORIZATION TO PROCEED IS RECEIVED BY 24 APRIL 2002....) 3. CERTIFIED LAND SURVEY WITH TOPO TO ARCHITECT 25 APRIL 02 16 MAY 02 4. PROGRAMMING & EXISTING FACILITY ANALYSIS 6 MAY 02 17 MAY 02 5. OWNER REVIEW OF DOCUMENTS 17MAY02 24 MAY 02 6. DESIGN DEVELOPMENT PHASE 27 MAY 02 2 JUL Y 02 CONCURRENT ACTIVITIES GEOTECHNICAL INVESTIGATIONS STORMW A TER MANAGEMENT DESIGN UTILITY SERVICES COORDINATION & DESIGN LANDSCAPE AND IRRIGATION SYSTEM DESIGN OUTLINE (INDEX) TO SPECIFICATIONS PROPOSED PLANNING AND ZONING APPROVAL APPLICATION A TIENDANCE AT AGENCY APPROVAL MEETINGS CO-ORDINA TION OF CIVIL AND ARCHITECTURAL PLANS TRAFFIC STATEMENT OR STUDY 7. OWNER REVIEW & APPROVAL OF DOCUMENTS 3 JULY 02 11 JULY 02 8. WORKING DRAWINGS 12JULY02 8 OCT 02 Page I of2 CONC~ ACTIVITIES ..., S.F.W.M.D. PERMIT APPLICATION D.E.P. PERMIT APPLICATION SUBMIITAL TO CITY COUNCIL FOR APPROVAL FIRE MARSHALL REVIEW SOUTHERN BELL SITE PLAN SUBMIITAL COMMUNICATIONS, SECURITY AND FIRE ALARM SYSTEM DESIGN A TTENDANCE AT AGENCY APPROVAL MEETINGS PHONE, DA T A AND SECURITY SYSTEMS DESIGNS INTERIOR DESIGN FINAL PROJECT MANUAL AND SPECIFICATIONS ADVERTISE FOR QUALIFIED BIDDERS * 9. ISSUE DOCUMENTS TO BIDDERS \ 10 OCT 02 CONCURRENT ACTIVITIES SUBMIT DOCUMENTS FOR BUILDING PERMIT REVISE FINAL DOCUMENTS BASED ON PERMIT REVIEWS 10. FINALIZE OWNER/CONTRACTOR AGREEMENT 15 NOV 02 CONCURRENT ACTIVITIES COUNTY COMMISSSION APPROVAL OF A WARD TO G.C. II. CONSTRUCTION PHASE 3 DEC 02 12. PUNCH LIST 5 NOV 03 * OWNER CO=ORDlNATED ITEM. ***END OF PROJECT TIME PARAMETERS*** Page 2 of2 C:03020 1 VB.doc 14 NOV 02 26 NOV 02 4 NOV 03 20 NOV 03