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Home My WebLink AboutAgenda Packet 02-19-2008 # ~ IlliDlI~_ÌlDlililìlÎ_lliI~iílì.I__~iftlnmm~iilmmøíìítllJilllMllllîilil February 19, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. ·; . BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.f1.us _Oí_IÎI\ïlilï/tíIiWlilBiÖlîlJil'IÎiIIWB...mBll_¡_ÎlDlllîlÎ__IIIîMIÎìÎlBllWiÎîlJil'IÎiIIW Joseph Smith, Chairman District No.1 Paula Lewis, Vice Chairman District No.3 Doug Coward District No. 2 Charles Grande District No.4 Chris Craft District No. 5 _nIiIÎI~~_~BlIIîIIiì'_llllîl.IIIîMIÎìÎlIiÎ.~-Íl"_ø_. February 19, 2008 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE I. MINUTES Approve the minutes from the February 12, 2008 meeting. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 08-061 - Proclaiming February 18, 2008, through February 22, 2008, as "FFA (Future Farmers of American) Week" in st. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 08-061 has been drafted for that purpose. 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA ií_IÎ_IÌ~_¡jliDlliÎÎllllm_li.~DIlìßíllIIîlÎÍlÍlìÌllIIìÎlÎlIÎÖÍlítl1fiÎ~îÍl_ÍlìÌllllÎl_lmlnl_llll\ím~DlllÎ¡ PUBLIC HEARINGS SA. GROWTH MANAGEMENT Petition of Lennar Homes Inc. for a 12-Month Extension of the approved Final Planned Unit Development (PUD) Site Plan known as Silver Oaks PUD located at the southeast corner of Tilton Road and Silver Oaks Drive (File No. BCC 120081382) - Consider staff recommendation to adopt Draft Resolution No. 08-012, which would grant a 12- month extension to the Silver Oaks Final PUD. The new date of expiration of this project would be March 1, 2009. SB. GROWTH MANAGEMENT Petition of Community Savanna Club Joint Venture for an Amendment of Resolution No. 82-058, approving a seventh Amendment to the Amended Development Order to the Development of Regional Impact known as the Savanna Club to re-designate the land use from residential to commercial on three lots of land situated within the Savanna Club PUD, Phase VI - VIII, for the project to be known as Savanna Club Sales Center. (File No.: 320071069) - Staff recommends this item be continued to the March 4/ 2008 Agenda at the request of the applicant to allow the necessary time for the applicant to revise the site plan and landscaping plan in accordance with code requirements. Staff has no objection to the request. SC. GROWTH MANAGEMENT Petition of F. P. Groves, LLC for preliminary site plan approval and change in zoning from the AG-1 (Agricultural- 1 dufacre) Zoning District to the PCS (Planned Country Subdivision) Zoning District - Consider staff recommendation to approve Resolution No. 08-008 with the included conditions. Regular Agenda February 19, 2008 Page Two SD. GROWTH MANAGEMENT The request of LID Real Estate Partnership for a waiver from the Comprehensive Plan Policy 8.1.14.2 to allow the construction of an access roadway which will directly impact 0.36 acres in a Category 1 wetland and for a waiver of Policy 8.1.14.5 to allow 0.04 acres encroachment in the required minimum 50 foot buffer required between the wetland and the residential development - Staff recommends approval of the Minor Site Plan known as Pelican Reef contingent upon the Board of County Commissioners' approval of the requested waiver for 0.36 acres in a Category 1 wetland that is required to provide access to the site and 0.04 acres of encroachment in the wetland buffer from the provisions of the Comprehensive Plan Policy 8.1.14.2 and Policy 8.1.14.5 as may be allowed by Comprehensive Policy 8.1.14.3 and the Land Development Code. SE. COUNTY ATTORNEY Ordinance No. 08-0lD - TVC Comprehensive Plan Amendments; stipulated Settlement Agreement (Brown Ranch) - Consider staff recommendation to approve the Stipulated Settlement Agreement, adopt Ordinance No. 08-0lD and authorize the Chairman to sign the Stipulated Settlement Agreement and Ordinance No. 08-0lD. END OF PUBLIC HEARINGS ítlIIìiìlllínllliIÌîÜîÍllìidlil._íIIÌÎlIIîïllllüïllimllìilìllllÎÍlÌllúllìÎ.¡llÌ~IúIÎmÍlítllÍllÎI_IîÍlÎllmllU*ÎI¡.lîÍllìimiì'iI_lIìml\¡jj IlIìlÍl8UìiilimÍlm_mlllliniìIiIÎlllll_liilìlll'ììJilllulilÎllii1lllÏlllÎ¡iIIÌlIilllìlÎBiIIUIiÎIlIIû¡i1lliìOIllYlìm_ìmlìlllíluiillliÍmillÍúítllllll8UÎÌlìill CONSENT AGENDA ~1'nÜlmulllímIìlD'ílillÎlÎBinßB_Il8UìmiliÍiì'liì.lliIÍlllîÍlÍ_llIÏlIUÌÎl¡l\l\ìlÎl_ìl__ì¡\'ïÎìVIìÎlÎllÎiÎ_ìl_lmmm 1. WARRANTS Approve warrant list No. 20 2. COUNTY ATTORNEY A. Hurricane Housing Recovery Program (HHRP) - Partial Release of Mortgage, Assignment of Rents and Security Agreement and Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd. - Consider staff recommendation to approve the proposed Partial Release of Mortgage, Assignment of Rents and Security Agreement, and Subordination Agreement and the Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd., and authorize the Chairman to sign the documents. B. Bear Point Mitigation Bank - CGW Mitigation Bank - Credit Purchase Agreement with CGW Mitigation Bank - Consider staff recommendation to approve the proposed Credit Purchase Agreement with CGW Mitigation Bank, and authorize the Chairman to sign the agreement. C. Requesting approval for the purchase of one computer for the new St. Lucie County Pretrial Release Program. The current computer is one that was borrowed from the LT. Department and cannot be upgraded due to its age. The new computer would be used in the office to register, monitor and track criminal defendants on global position satellite (hereinafter GPS). This computer would also be used for accessing data base information on defendants via the World Wide Web. Furthermore, this approval will authorize Budget Amendment (BA08-013) allowing the purchasing of the computer - Consider staff recommendation to accept and approve Budget Amendment BA08-013 and Equipment Request EQ08-301 to purchase a desktop computer for the St. Lucie County Pretrial Release Program. D. Florida Communities Trust - Heathcote Botanical Park/Fer Project 04-045 - FF4 - Declaration of Restrictive Covenants - Consider staff recommendation to approve the Declaration of Restrictive Covenants, authorize the Chairman to execute the Covenants and direct staff to record the Covenants in the Public Records of St. Lucie County, Florida. E. Humane Society of St. Lucie County, Inc. - First Amendment to October 1, 2006 Agreement to Add SpaylNeuter Clinics - Consider staff recommendation to approve the proposed First Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the amendment. F. Resolution No. 08-046 - Reducing the Speed Limit on Prima Vista Boulevard from 40 Miles Per Hour to 35 Miles Per Hour Beginning at the Intersection of RioMar Court, East to the Intersection of US1 in St. Lucie County, Florida - Consider staff recommendation to adopt the attached Resolution No. 08-046 as drafted. 3. PUBLIC WORKS A. Request for Board approval for Work Authorization #2 with Creech Engineers, Inc., for Professional Continuing Consultant Services for FEMA Countywide Community Rating System Annual Recertification - Consider staff recommendation to approve Work Authorization #2 with Creech Engineers, Inc., for Professional Continuing Consultant Services for FEMA Countywide Community Rating System Annual Recertification, not to exceed $72,000.00 and authorize the Chairman to sign. B. Engineering Division - Kings Highway Canal Culvert Replacement at Winter Garden Parkway - Change Order No.1 to the contract with Johnson-Davis, Inc. in the amount of $23,700.00 for additional culvert replacement under Kings Highway - Consider staff recommendation to approve Change Order No. 1 to the contract with Johnson-Davis, Inc. in the amount of $23JOO.00 for additional culvert replacement under Kings Highway for the Kings Highway Canal Culvert Replacement at Winter Garden Parkway project and authorize the Chairman to sign. C. Request Board approval of 2nd Amendment to Work Authorization No. 3 with Hazen & Sawyer Engineering for Design and Permitting modifications and time extension for Platt's Creek Mitigation Area and Stormwater Management Facilities - Consider staff recommendation to approve and authorize the Chair to sign the Second Amendment to Work Authorization NO.3 with Hazen & Sawyer Engineering for Design and Permitting modifications for Platt's Creek Mitigation Area and Storm water Management Facilities in the amount of $29,900.00 and extending the contract to December 31, 2008. " Consent Agenda February 19, 2008 Page Two 4. ENVIRONMENTAL RESOURCES Request approval of First Amendment to Work Authorization NO.2 (C06-08-758, Engineering Services for Parking Lot Design) for an extension of time to December 30, 2008 with Kimley-Horn and Associates, Inc. for the design and permitting of a low-impact parking lot at the Oxbow Eco-Center located on St. James Drive. No funds are associated with this request - Consider staff recommendation to approve and authorize the Chairman to sign the First Amendment to Work Authorization No.2 (C06-08-758, Engineering Services for Parking Lot Design) for an extension of time to December 30, 2008 with Kimley-Horn and Associates, Inc. for the design and permitting of a low-impact parking lot at the Oxbow Eco-Center located on St. James Drive. S. PURCHASING A. Third Amendment to Contract C06-03-164 with Clear Channel Radio for Radio Advertising Services - Solid Waste Department - Consider staff recommendation to approve the third amendment to contract C06- 03-164 with Clear Channel Radio to exercising the second renewal option and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. First Amendment to Contract C06-01-041 with Hennis Construction Co., Inc. for Quarterly Maintenance for High Security Doors at Rock Road Correctional Facility - Consider staff recommendation to approve the first amendment to contract C06-01-041 with Hennis Construction Co., Inc. to exercise the first renewal option, and authorize the Chairman to sign the amendment as prepared by the County attorney. C. Second extension to Contract C04-01-034 between St. Lucie County and Oglesby Construction, Inc. for Striping and Pavement Markings as needed for St. Lucie County - Consider staff recommendation to approve the second extension to Contract C04-01-034 between St. Lucie County and Oglesby Construction, Inc. for striping and pavement markings, and authorize the Chairman to sign the extension as prepared by the County Attorney. D. Approval of the first amendment to Contract C07-12-695 with DeAngelo Brother, Inc. d/b/a Aquagenix for Aquatic Vegetation Control Services and authorize the Chairman to sign the amendment as prepared by the County Attorney. 6. CENTRAL SERVICES A. Dooleymack Constructors of South FL, LLC - #C07-04-195 Havert L. Fenn Center-Special Needs Shelter- Auditorium - Change Order No.3 - Consider staff recommendation to approve Change Order No.3 to #C07-04-195, Dooleymack Constructors, Special Needs ShelterlAuditorium, to increase the contract sum by $310,677.31: the new contract sum will be $13,243,131.67, and increase the contract time ten (10) days; the new date of substantial completion will be September 28, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. B. Approve Facilities Use Agreement - Girl Scouts of Palm Glades Council, Inc. - Consider staff recommendation to approve the Facilities Use Agreement between St. Lucie County and the Girl Scouts of Palm Glades Council and authorize the Chair to sign the Agreement as prepared by the County Attorney. _fmiÎiÎlílÎlì_ìllllirlìlmmmìîlllMllJillÎÍllmmliliIIIÎìlìilmmmlûílìWBllIíîIIllÎUíIlIiÎIIUíIlIIIf~IJDÎlÌllÎllIiIÌIIDIllíTillÌlil ANNOUNCEMENTS February 19, 2008 1I'ŒîìiIt1ll\lIìllilÍlÎII~IÍlÎIIIi"'ïiÎítlîmíJIIIIÍlìÌllmlfÎîlÌB.IUIBlllîillIIIÎlllìiìlìíImlllDlllîlÎìIIÎîÍlÙIÎÖIulllÎlÍUíIluìlÌlmll 1. The Frontier Florida Fest is on Saturday, February 23, 2008 from Noon to 4:00 p.m. at he St. Lucie County Historical Museum at Museum Pointe Park on Seaway Drive in Fort Pierce. Admission, parking and programs are free. Frontier Florida Fest will immediately follow the 11:00 a.m. Florida Cracker Trail Riders' parade along 2nd Street, Orange Avenue and North Indian River Drive in downtown Fort Pierce. 2. The St. Lucie County Fair runs February 22, 2008 thru March 3, 2008 at the St. Lucie County Fairgrounds, 1501 West midway Road, Fort Pierce. For more information call 464-2910 or visit: www.stluciecountyfair.org. 3. The Board of County Commissioners will hold the February Informal Monthly Meeting on Tuesday, February 26, 2008 at 1:30 p.m. in Conference Room #3. 4. The New York Mets Spring Training opening day is on February 29, 2008. Be sure to catch all of the action by calling 871-2115 or visiting www.traditionfield.com 5. The Ribbon Cutting for the New St. Lucie River Exhibit at the Oxbow Eco-Center will be on Thursday, March 9, 2008 at 3:00 p.m. For more information please call 772-785-5833. 6. The Board of County Commissioners will hold the Strategic Planning Session on Wednesday, March 12, 2008 from 8:00 a.m. to 5:00 p.m. and on Thursday, March 13, 2008 from 8:00 a.m. to Noon at Tradition Town Hall. 7. The Treasure Coast Regional Planning Council will hold a Joint Meeting on the Taylor Creek Charrette Master Plan with the Board of County Commissioners, City of Fort Pierce and St. Lucie Village on Monday, March 24, 2008 from 2:00 p.m. to 4:00 p.m. 8. The Board of County Commissioners will hold the March Informal Monthly Meeting on Tuesday, March 25/ 2008 at 2:00 p.m. in Conference Room #3. 9. The Ribbon Cutting for the New Clerk of Court Building located at 201 South Indian River Drive, Fort Pierce will be on Wednesday, April 9, 2008 at 4:00 p.m. 10. The Board of County Commissioners will hold a Joint Meeting with the TCERDA on Friday, April 25, 2008, at 1:30 p.m. in Room #219 at the University of Florida Building located at 2199 S. Rock Road, Fort Pierce, FL 34945. ~~íllV¡\U¡i¡ï¡" " .' .. ~ ""....·...·.M...~.._.~'....~M'..".@,.·'...'...m..·........"""". I / . j "ì{¡ml'ílll¡¡¡1l1I1í__m1¡I¡j~lìj¡ï:IlIiì'lill~i.·' . ", ·U·"'.lIBiliJÌmllûlÎliÎítllìÎlÎl February 19, 2008 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDA'S WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA - These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA - Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS - These items are usually heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or publiC hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON-AGENDA ITEMS - These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT - Time is allotted at the beginning of each meeting of general public comment. Please limit comments to five minutes. DECORUM - Please be respectful of others opinions. MEETINGS - All Board meetings are open to the public and are held on the first and third Tuesdays of each month at 6:00 P.M. and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us lBU.l¡iÎÎllIIîIÎ¡lldl\ilillìfì_11ÎDìII1~' '"" ·"'~'liÎîlìlmlÌÎU¡IDimiiÎlllliIÍl~llllwÎ~mllÍWümmÎÎ_ili.l.11¡_lI¡IÎlliIÎliIÎII-iiM Joseph Smith, Chairman District No.1 Paula Lewis, Vice Chairman District No.3 Doug Coward District No.2 Charles Grande District No.4 Chris Craft District No.5 ümm:ÎillllmIlÎilûl_Il_WiIlil¡í_illllliiííW.iliÎfÍlítllflìfìllllllliì'iiÎIÎIIIÎIiÎÎlÛÍÏÎIl¡__I_Î¡jIiì'I!IÎÎlÎÎDÎiil~ February 19, 2008 6:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE I. ..I MINUTES ~ ~elAAPprove the minutes from the February 12, 2008 meeting. ý)~ r ,,0 \2.. I) PROCLAMATIONS/PRESENTATIONS A. Resolution No. 08-061 - Proclaiming February 18, 2008, through February 22, 2008, as "FFA (Future \ fðv Ü Farmers of American) Week" in St. Lucie County, Florida - Consider staff recommendation to adopt the 0~ ~ (1,\J ').; attached Res~lution No. 08-061 has been drafted for that purpose. 3. GENERAL PUBLIC COMMENT Appl'OVed. ti--I d F ÞLd\",,A fo< ,5"-~Vl:J <=- \fQ\-~. _ Cù{)'l~,G,W'~12.. VO-\-\ "fjVc. NSENT AGENDA I" ~ ~ ~ .--0......... '.' '" .1:'... .... ..~... e.f'vtS. ...... C:s~~u.t~~~~:-ç:\L,~'v:r lBUli 1_~¡lliJÌl··. .. ~&i .. .... ......... ·lIll1¡lìlll_iÎillÎllliì'fll!lllli.Î.illT¡¡nlllîlÎÍldlll~fll\lÎ PUB IC HEARINGS 4. SA. GROWTH MANAGEMENT I 1...- I '. JJetition of Lennar Homes Inc. for a 12-Month Extension of the approved Final Planned Unit Development (PUD) J.-f ,(jILl: Site Plan known as Silver Oaks PUD located at the southeast corner of Tilton Road and Silver Oaks Drive (File No. 11¡~rO BCC 120081382) - Consider staff recommendation to adopt Draft Resolution No. 08-012, which would grant a 12- l L 'fJ month extension to the Silver Oaks Final PUD. The new date of expiration of this project would be March 1, 2009. SB t GROWTH MANAGEMENT ("" pøeu. Petition of Community Savanna Club Joint Venture for an Amendment of Resolution No. 82-058, approving a r1 P D seventh Amendment to the Amended Development Order to the Development of Regional Impact known as the r¡; Savanna Club to re-designate the land use from residential to commercial on three lots of land situated within the Savanna Club PUD, Phase VI - VIII, for the project to be known as Savanna Club Sales Center. (File No.: 320071069) - Staff recommends this item be continued to the March 4, 2008 Agenda at the request of the applicant to allow the necessary time for the applicant to revise the site plan and landscaping plan in accordance with code requirements. Staff has no objection to the request. SC'J ~~ GROWTH MANAGEMENT Petition of F. P. Groves, LLC for preliminary site plan approval and change in zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PCS (Planned Country Subdivision) Zoning District - Consider staff recommendation to approve Resolution No. 08-008 with the included conditions. Regular Agenda February 19, 2008 Page Two SD) ~\~~~ \,,\~ SE. GROWTH MANAGEMENT The request of LID Real Estate Partnership for a waiver from the Comprehensive Plan Policy 8.1.14.2 to allow the construction of an access roadway which will directly impact 0.36 acres in a Category 1 wetland and for a waiver of Policy 8.1.14.5 to allow 0.04 acres encroachment in the required minimum 50 foot buffer required between the wetland and the residential development - Staff recommends approval of the Minor Site Plan known as Pelican Reef contingent upon the Board of County Commissioners' approval of the requested waiver for 0.36 acres in a Category 1 wetland that is required to provide access to the site and 0.04 acres of encroachment in the wetland buffer from the provisions of the Comprehensive Plan Policy 8.1.14.2 and Policy 8.1.14.5 as may be allowed by Comprehensive Policy 8.1.14.3 and the Land Development Code. COUNTY ATTORNEY Ordinance No. 08-010 - TVC Comprehensive Plan Amendments; stipulated Settlement Agreement (Brown Ranch) - Consider staff recommendation to approve the Stipulated Settlement Agreement, adopt Ordinance No. 08-0lD and authorize the Chairman to sign the Stipulated Settlement Agreement and Ordinance No. 08-010. END OF PUBLIC HEARINGS ___Îlíïllli¡llIìliìIIÎîÍlíiì'liì'~iïl¡_iÎítliÎ¡¡IÎIIlh'lÎI¡Ji¡¡]¡'¡iviíll.lîlmiÎlil\lllÍliÎítl_~_íÎÎIIî-'l\lllli~llil:l_ U>LÙ~'l~":> ~ tes (ÓJ./rJ-nÝ - ~ t'') ---- yes SrzwJe- -'-IE> ---- yes ~\ ~ . Crli.,~V -L{I:') ~ yrzs ~~~ _~C?S - yes 5t*\~\~ ~ ~ ~ ApprweA <)-6 6~11Ió-ro- '. AWí()/ n) Çò iÎítlIìÎlÎlÎ'ì¡~IÎ1llllÎÎlmÎïlìlul~_lÌlÎillìîÍl*ìfIIIIÎlï~lIll\ììillïlllîÎìllÎÎlúllllmmìIlÎÎll.llinlllili.luIlìllìIlIlMa_miÎllìllll CONSENT AGENDA Iìiì_BBlilm"~~'îJllIIUíliìiu~I~IÎ~l\í.lìlÌ.alllll¡jIÎiÎÎlli'fì_UI~III'Iliìm_îÍlílÎÎI I. WARRANTS Approve warrant list No. 20 COUNTY ATTORNEY A. Hurricane Housing Recovery Program (HHRP) - Partial Release of Mortgage, Assignment of Rents and Security Agreement and Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd. - Consider staff recommendation to approve the proposed Partial Release of Mortgage, Assignment of Rents and Security Agreement, and Subordination Agreement and the Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd., and authorize the Chairman to sign the documents. Bear Point Mitigation Bank - CGW Mitigation Bank - Credit Purchase Agreement with CGW Mitigation Bank - Consider staff recommendation to approve the proposed Credit Purchase Agreement with CGW Mitigation Bank, and authorize the Chairman to sign the agreement. Requesting approval for the purchase of one computer for the new St. Lucie County Pretrial Release Program. The current computer is one that was borrowed from the LT. Department and cannot be upgraded due to its age. The new computer would be used in the office to register, monitor and track criminal defendants on global position satellite (hereinafter GPS). This computer would also be used for accessing data base information on defendants via the World Wide Web. Furthermore, this approval will authorize Budget Amendment (BA08-013) allowing the purchasing of the computer - Consider staff recommendation to accept and approve Budget Amendment BA08-013 and Equipment Request EQ08-301 to purchase a desktop computer for the St. Lucie County Pretrial Release Program. Florida Communities Trust - Heathcote Botanical ParkjFCT Project 04-045 - FF4 - Declaration of Restrictive Covenants - Consider staff recommendation to approve the Declaration of Restrictive Covenants, authorize the Chairman to execute the Covenants and direct staff to record the Covenants in the Public Records of St. Lucie County, Florida. Humane Society of St. Lucie County, Inc. - First Amendment to October 1, 2006 Agreement to Add SpaylNeuter Clinics - Consider staff recommendation to approve the proposed First Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the amendment. Resolution No. 08-046 - Reducing the Speed Limit on Prima Vista Boulevard from 40 Miles Per Hour to 35 iles Per Hour Beginning at the Intersection of RioMar Court, East to the Intersection of US1 in St. Lucie ounty, Florida - Consider staff recommendation to adopt the attached Resolution No. 08-046 as drafted. qr I .(f(tl{rD /1J1'l"'I'\~ \"" LV'I[OTl PUBLIC WORKS A. Request for Board approval for Work Authorization #2 with Creech Engineers, Inc., for Professional Continuing Consultant Services for FEMA Countywide Community Rating System Annual Recertification - Consider staff recommendation to approve Work Authorization #2 with Creech Engineers, Inc., for Professional Continuing Consultant Services for FEMA Countywide Community Rating System Annual Recertification, not to exceed $72,000.00 and authorize the Chairman to sign. Engineering Division - Kings Highway Canal Culvert Replacement at Winter Garden Parkway - Change Order NO.1 to the contract with Johnson-Davis, Inc. in the amount of $23,700.00 for additional culvert replacement under Kings Highway - Consider staff recommendation to approve Change Order No. 1 to the contract with Johnson-Davis, Inc. in the amount of $23,700.00 for additional culvert replacement under Kings Highway for the Kings Highway Canal Culvert Replacement at Winter Garden Parkway project and authorize the Chairman to sign. Request Board approval of 2nd Amendment to Work Authorization No. 3 with Hazen & Sawyer Engineering for Design and Permitting modifications and time extension for Platt's Creek Mitigation Area and Stormwater Management Facilities - Consider staff recommendation to approve and authorize the Chair to sign the Second Amendment to Work Authorization NO.3 with Hazen & Sawyer Engineering for Design and Permitting modifications for Platt's Creek Mitigation Area and Stormwater Management Facilities in the amount of $29,900.00 and extending the contract to December 31, 2008. 2. B. C. D. E. B. C. Consent Agenda February 19, 2008 Page Two 4. ENVIRONMENTAL RESOURCES Request approval of First Amendment to Work Authorization No.2 (C06-08-758, Engineering Services for Parking Lot Design) for an extension of time to December 30, 2008 with Kimley-Horn and Associates, Inc. for the design and permitting of a low-impact parking lot at the Oxbow Eco-Center located on St. James Drive. No funds are associated with this request - Consider staff recommendation to approve and authorize the Chairman to sign the First Amendment to Work Authorization No.2 (C06-08-758, Engineering Services for Parking Lot Design) for an extension of time to December 30, 2008 with Kimley-Horn and Associates, Inc. for the design and permitting of a low-impact parking lot at the Oxbow Eco-Center located on St. James Drive. S. PURCHASING A. Third Amendment to Contract C06-03-164 with Clear Channel Radio for Radio Advertising Services - Solid Waste Department - Consider staff recommendation to approve the third amendment to contract C06- 03-164 with Clear Channel Radio to exercising the second renewal option and authorize the Chairman to sign the amendment as prepared by the County Attorney. B. First Amendment to Contract C06-01-041 with Hennis Construction Co., Inc. for Quarterly Maintenance for High Security Doors at Rock Road Correctional Facility - Consider staff recommendation to approve the first amendment to contract C06-01-041 with Hennis Construction Co., Inc. to exercise the first renewal option, and authorize the Chairman to sign the amendment as prepared by the County attorney. C. Second extension to Contract C04-01-034 between St. Lucie County and Oglesby Construction, Inc. for Striping and Pavement Markings as needed for St. Lucie County - Consider staff recommendation to approve the second extension to Contract C04-01-034 between St. Lucie County and Oglesby Construction, Inc. for striping and pavement markings, and authorize the Chairman to sign the extension as prepared by the County Attorney. D. Approval of the first amendment to Contract C07-12-695 with DeAngelo Brother, Inc. dlbla Aquagenix for Aquatic Vegetation Control Services and authorize the Chairman to sign the amendment as prepared by the County Attorney. 6. CENTRAL SERVICES A. Dooleymack Constructors of South FL, LLC - #C07-04-195 Havert L. Fenn Center-Special Needs Shelter - Auditorium - Change Order No. 3 - Consider staff recommendation to approve Change Order No.3 to #C07-04-195, Dooleymack Constructors, Special Needs Shelter/Auditorium, to increase the contract sum by $310,677.31: the new contract sum will be $13,243,131.67, and increase the contract time ten (10) days; the new date of substantial completion will be September 28, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. B. Approve Facilities Use Agreement - Girl Scouts of Palm Glades Council, Inc. - Consider staff recommendation to approve the Facilities Use Agreement between St. Lucie County and the Girl Scouts of Palm Glades Council and authorize the Chair to sign the Agreement as prepared by the County Attorney. · _1_Î_mllllllllW¡lllltì_ln'[A"IJjI¡t.lI.'!lt"U",.u'\M'mÎj.~'"A_¡ìm-mllì.IÎI_IIÎi_~¡IIÎIIt¡W.iÎítlîÍl ANNOUNCEMENTS February 19, 2008 __' 'lÍíii"ÌlìlÌÌ.~_lJiíÌÎî__mll~iÎítlIlIÎIIÎ_Il.I.lllÎÖlÎÖlltl~111ìÎlÎl 1. The Frontier Florida Fest is on Saturday, February 23, 2008 from Noon to 4:00 p.m. at he St. Lucie County Historical Museum at Museum Pointe Park on Seaway Drive in Fort Pierce. Admission, parking and programs are free. Frontier Florida Fest will immediately follow the 11:00 a.m. Florida Cracker Trail Riders' parade along 2nd Street, Orange Avenue and North Indian River Drive in downtown Fort Pierce. 2. The St. Lucie County Fair runs February 22, 2008 thru March 3, 2008 at the St. Lucie County Fairgrounds, 1501 West midway Road, Fort Pierce. For more information call 464-2910 or visit: www.stluciecountyfair.org. 3. The Board of County Commissioners will hold the February Informal Monthly Meeting on Tuesday, February 26, 2008 at 1:30 p.m. in Conference Room #3. 4. The New York Mets Spring Training opening day is on February 29, 2008. Be sure to catch all of the action by calling 871-2115 or visiting www.traditionfield.com 5. The Ribbon Cutting for the New St. Lucie River Exhibit at the Oxbow Eco-Center will be on Thursday, March 9, 2008 at 3:00 p.m. For more information please call 772-785-5833. 6. The Board of County Commissioners will hold the Strategic Planning Session on Wednesday, March 12, 2008 from 8:00 a.m. to 5:00 p.m. and on Thursday, March 13, 2008 from 8:00 a.m. to Noon at Tradition Town Hall. 7. The Treasure Coast Regional Planning Council will hold a Joint Meeting on the Taylor Creek Charrette Master Plan with the Board of County Commissioners, City of Fort Pierce and St. Lucie Village on Monday, March 24, 2008 from 2:00 p.m. to 4:00 p.m. 8. The Board of County Commissioners will hold the March Informal Monthly Meeting on Tuesday, March 25, 2008 at 2:00 p.m. in Conference Room #3. 9. The Ribbon Cutting for the New Clerk of Court Building located at 201 South Indian River Drive, Fort Pierce will be on Wednesday, April 9, 2008 at 4:00 p.m. 10. The Board of County Commissioners will hold a Joint Meeting with the TCERDA on Friday, April 25, 2008, at 1:30 p.m. in Room #219 at the University of Florida Building located at 2199 S. Rock Road, Fort Pierce, FL 34945. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: February 12,2008 Convened: 9:00 a.m. Adjourned: 4:50 p.m. Commissioners Present: Chairman, Joseph Smith, Paula A. Lewis, Chris Craft, Doug Coward, Charles Grande Others Present: Doug Anderson, County Administrator, Faye Outlaw, Asst. County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Lauri Case, Utilities Director, Jim David, Mosquito Control Director, Don West, Public Works Director, Diana Lewis, Airport Director, Neil Appel, Purchasing Director, Mark Satterlee, Growth Management Director, Ed Fry, Clerk of Circuit Court, Beth Ryder, Community Services Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES It was moved by Com. Lewis, seconded by Com. Craft, to approve the minutes of the meeting held January 22, 2008, and; upon roll call, motion carried unanimously. 2. PROCLAMA nONS/PRESENT A nONS A. A presentation was made by Melissa Meeker and Carol Wehle of the South Florida Water Management District on the District Initiatives on the Treasure Coast. B. Resolution No. 08-062- Proclaiming the month of February, 2008 as "Step Up Florida Month" in St. Lucie County, Florida- It was moved by Com! Grande, seconded by Com. Craft to approve Resolution No. 08- 062, and; upon roll call, motion carried unanimously. C. Resolution No. 08-059- Proclaiming February 11, 2008 through February 17, 2008 as "2-1-1 Awareness Week" in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Grande, to approve Resolution No. 08-059, and; upon roll call, motion carried unanimously. D. Resolution No. 08-069- Proclaiming February 17,2008 through February 23, 2008 as "Engineers Week" in St. Lucie County, Florida. It was moved by Com. Lewis, seconded by Com. Grande to approve Resolution No. 08- 069, and; upon roll call, motion carried unanimously. E. The County Administrator announced the Employee of the Quarter for October, November and December 2007, Jerry Quillian from Agriculture. F. The Clerk of the Circuit Court, Mr. Ed Fry made a presentation on the County's Investments. 3. GENERAL PUBLIC COMMENTS 1 02/08/08 FZABWARR . o 001 001167 001180 001183 001185 001194 001195 001404 001420 001424 001428 001814 101 101001 101002 101003 101004 102 102001 105 107 107001 107002 003 Iv/006 107204 107205 109 115 118 129 140 140001 140133 140341 140342 140350 150 160 170 183 183001 183003 183004 183006 184205 184209 185008 ST. LUCIE CC.. . _ - BOARD WARRANT LIST #19- 02-FEB-2008 TO 08-FEB-2008 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/FHWA/P1anning 2007 FDOEM State Homeland Security Grant U.S. Dept of Housing & Community Community Services Block Grant 05 CDBG Sup Disaster Recovery TDC Planning Grant 07 Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Floriclian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Juvenile Justice & Delinquency Prev Drug Abuse Fund Sheraton Plaza Fund Paradise Park Fund Parks MSTU Fund Port & Airport Fund Port Fund Construct Runway 9L/27R Construction of Airport Rescue & Fi Construction of Access Road forARFF Install Security Fencing Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FDEP - Fort Pierce Shore Protection FHFA Hurricane Housing Recovery EXPENSES 421,666.93 113.95 8,090.56 5,208.28 32,000.00 2,444.92 408.94 136.03 149.10 4,480.66 421. 46 380.68 11,896.92 264.80 37,362.70 28,455.33 6,770.67 54,738.63 65/583.76 1,952.85 60,727.87 295.41 3,903.91 22,645.55 11,874.49 441.10 56.79 35.00 564.33 779.97 39,674.04 14,174.01 464.36 6,948.30 228,978.05 29/2,66.08 365.70 942.20 3,096.99 175,824.05 2,870.55 500.00 138.40 2,170.98 3,288.54 1,590.08 12,262.78 128.58- PAGE 1 PAYROLL 648,721. 90 555.03 258.56 3,324.28 0.00 0.00 1,439.00 0.00 607.89 0.00 0.00 1,391.91 43,478.11 976.30 45,278.60 36,972.28 19,667.24 92,947.84 6,130.40 0.00 162,630.86 1,081.20 2,128.40 0.00 8,488.00 1,568.51 346.00 0.00 0.00 0.00 0.00 16,713.80 0.00 0.00 0.00 0.00 0.00 1,264.80 3,483.11 0.00 1,340.13 0.00 0.00 4,851.84 0.00 O~OO 0.00 0.00 02/08/08 FZABWARR , o 185009 189201 216 218 316 317 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 665 674 801 ST. LUCIE CC - BOARD WARRANT LIST #19- 02-FEB-2008 TO 08-FEB-2008 FUND SUMMARY TITLE FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery PIa County Capital I&S Transportation-I&S County Capital County Capital-St Revenue Share Bnd Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library SLC Art in Public Places Trust Fund Driftwood Manor MSBU Fund Bank Fund GRAND TOTAL: EXPENSES 371.68 1,785.47 1,202.00, 661,406.26 113,471.52 47,338.33 84,623.19 9,853.53 608.34 160.38 17,680.23 31,293.25 353.72 95,126.95 50,133.71 191,824.90 3,915.69 8,934.98 1,779.73 4,179.04 7,785.00 14,249.04 308,209.75 2,962,564.81 PAGE 2 PAYROLL 2,166.40 5,894.81 0.00 0.00 0.00 0.00 66,987.35 23,445.38 1,541.19 472.07 18,559.11 8,683.08 1,374.27 1,344.94 57,368.42 3,776.86 2,340.00 0.00 0.00 0.00 0.00 0.00 0.00 1,299,599.87 02/04/08 FZABWARR , FUND 001 001156 001164 001180 001181 001183 001190 001194 001195 001404 001414 001428 101 101002 101003 101004 101006 102 102001 102109 102804 105 107 107001 107002 107005 107006 107153 111 112 120 122 126 129201 130 139 140 160 183 183001 183003 183004 183006 185006 201 216 262 310002 ST. LUCIE COO . BOARD WARRANT LIST #18- 26-JAN-2008 TO 01-FEB-2008 FUND SUMMARY TITLE General Fund FTA USC Seeton 5307 Oper. Assist. USDOJ Violence Against Women Grant US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 FTA Sec 5307 - Buses 05/06 U.S. Dept of Housing & Community Community Services Block Grant 05 CDBG Sup Disaster Recovery Fixed Route Grant FY 07 FDCA Emrg. Mgmt Preparedness & Assi Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Indian River Estates Stormwater Imp SFWMD Harmony Heights Stm Phase I Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar F&F Fund-Legal Aid F&F Fund-Court Related Technology USDOJ Edward Byrne JAG FY07 River Park I Fund River Park II Fund The Grove Fund Indian River Estates Fund Southern Oak Estates Lighting FRDAP Lawnwood Rec Area Ph II SLC Public Transit MSTU Palm Grove Fund Port & Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP FY05/06 So County Regional Stadium Debt County Capital 1&8 Tourism Dev 4th Cent I&S Fund Impact Fees-Parks EXPENSES 2,374,010.41 27,249.00 15,685.08 1,037.43 20,122.00 133.00 60,564.00 1,100.00 4,490.41 583.61 1,000.00 744.95 1,085.51 85,622.59 18,614.41 5,107.01 10,070.68 58,854.33 19,535.75 52,296.48 18,637.94 191.88 3,834,744.18 1,311.47 76,431.20 16,508.70 12,088.05 52,098.00 2,850.49 606.27 179.84 1,037.87 125.05 15,525.00 44,990.17 759.86 6,087.80 1,491.18 3,803.12 433.47 535.00 65.60 1,023.41 21. 57 50,899.46 15,520.24 2,248.44 157,811.82 PAGE 1 PAYROLL ( 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 02/04/08 FZAI?WARR 1 .) 310806 316 316001 39007 396 397 398 401 418 451 461 471 491 505 505001 606 611 615 625 655 665 801 ST. LUCIE Co( - BOARD WARRANT LIST #18- 26-JAN-2008 TO 01-FEB-2008 FUND SUMMARY TITLE FIND-S. Causeway Island Park Imp County Capital Transportation Capital Indian River Estates MSBU Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-Operatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash-Property Appraiser Tourist Development Trust-Adv Fund Impact Fees Fund Law Library Insurance Agency Fund SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 7,409.92 269,704.61 80,143.88 30,807.79 2,906.00 3,138.00 3,838.00 85,231.43 7,999.72 79,207.12 18,660.22 176,931.89 71 7.02 196,834.59 1,013,009.24 150,000.00 16,494.19 147,194.33 186.62 149,247.24 11,850.00 76,324.89 9,603,770.43 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,131.27 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,131.27 01/25/08 FZABWARR E ) 001 001167 001180 001183 001195 001419 001420 001424 001814 101 101001 101002 101003 101004 101006 102 102001' 105 107 107001 107002 107003 1,...7006 1 ~ 04 l.lj 114 116 117 119 123 127 128 129 129201 136 138 140 140001 140306 140329 150 160 183 183001 183004 183006 185008 185009 ST. LUCIE COf'''_u - BOARD WARRANT LIST #17- 19-JAN-2008 TO 25-JAN-2008 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr Section 112/MPO/FHWA/P1anning 2007 Community Services Block Grant FDCA-Construct County EOC TDC Planning Grant 07 Dept of Financial Services My Safe Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Queens Cove Lighting Dist#13 Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund FRDAP Lawnwood Rec Area Ph II Monte Carlo Lighting MSTU#4 Fund Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund DOT-New N. Entrance Port Ft. Pierce FDOT-Taylor Creek Restoration/Acqui Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA Hurricane Housing Recovery FHFA SHIP 2007/2008 EXPENSES 276,219.56 45.02 19.52 240.29 865.51 567.75 45.02 200.09 106.49 3,417.54 1,'282.65 25,197.74 49,482.94 4,254.98 17,212.18 15,648.36 29,080.87 1,182.04 115,579.72 82.23 506.84 3,610.26 4,902.03 3,803.67 238.48 520.04 581. 50 144.77 903.39 367.92 377.81 505.81 9,923.01 7,650.00 1,489.49 260.27 18,236.14 152.62 28,974.56 17,500.00 96.74 729.47 3,862.98 273.60 302.65 15,077.25 99.86- 79.44 PAGE 1 PAYROLL 668,344.84 607.89 258.56 3,271.42 1,439.00 0.00 607.89 0.00 1,391.91 43,207.54 976.30 43,627.15 35,315.59 20,238.83 0.00 93,600.19 6,151.53 0.00 110,191.64 1,081.20 35,941.79 0.00 8,488.00 1,629.92 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 16,141.07 0.00 0.00 0.00 1,264.80 9,755.88 1,340.13 0.00 4,155.19 0.00 0.00 1,083.20 01/25/08 FZABWARR E ) 189201 216 242 315 316 316001 318 396 397 398 401 418 451 458 461 471 478 479 491 505 505001 611 67 l) ( 6,,-, 679 801 ST. LUCIE Co( - BOARD WARRANT LIST #17- 19-JAN-2008 TO 25-JAN-2008 FUND SUMMARY TITLE FHFC Hurricane Housing Recovery PIa County Capital I&S Port I&S Fund County Building Fund County Capital Transportation Capital County Capital-Transportation Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Agency Fund SLC Art in Public Places Trust Fund Timberlake Estates MSBU Bank Fund GRAND TOTAL: EXPENSES 661.77 260.00 1,000.00 2,843.63 27,152.50 15,710.40 59,091.75 103.96 104.88 104.88 64,448.31 21,334.81 39,657.39 37.33 4,066.56 89,853.95 100.58 1,173.98 4,676.28 315,735.59 33.26 102.07 22,108.29 2,049.82 1,805.69 17,411.72 265,950.64 1,619,281.42 PAGE 2 PAYROLL 6,978.01 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 63,370.72 22,551.80 1,578.24 503.08 20,088.10 8,660.94 1,350.93 1,368.28 57,368.42 3,776.86 2,340.00 0.00 0.00 0.00 0.00 0.00 0.00 1,300,046.84 Ms. Mary Smith, Paradise Park resident, addressed the Board regarding the paving of Paradise Park and asked when it would be completed. She requested continued support by the Board and the County for the project. The County Administrator advised the Board they are in the process of making improvements regarding the Stormwater and this must be done first. He will look into the paving issue. Mr. Richard Langley, Indian River Drive resident, addressed the drainage improvement project on Midway Road. He expressed his concern with the pipe going into the Savannas near his home. He was advised there would be a 2 feet draw down. He stated his opposition to the draw down. Mr. Duke Nelson, retired City ofFt. Pierce Commissioner, addressed the Board regarding two project. He addressed the North East comer of Avenue Q and 13th St. and stated the area was severely overgrown and this gave a bad image to the area. He also addressed Avenue D and 32nd Street and the two junk yards mirroring the image of the new building. The County Administrator advised the Board they would be putting together a report for the Board. Mr. Paul Schall, area resident, addressed the Board regarding the dam not being secure at Lake Okeechobee per a report he had read. He asked ifit would be repaired and felt funds should be allocated. 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. 1. WARRANT LIST The Board approved Warrant List No. 17, t8,19 2. COUNTY ATTORNEY A. Request Permission to advertise- The Board approved advertising the notice of Public Hearing to petition abandoning a 12 ft. Utility Easement & 12ft., Drainage Easement - Jay Gardens. The Public Hearing would be held on March 4,2008 at 6:00 p.m. or as soon thereafter as it may be heard. B. Permission to Advertise- Ordinance No. 08-011- Life Support Services - The Board approved advertising Ordinance No. 08-011 for Public Hearing on March 25, 2008 at 9:00 a.m. or as soon thereafter as it may be heard. C. C. Palm Breezes, Phase 2- Release of Original Subdivision Improvement Bonds and Acceptance of Replacement Bond- The Board approved accepting the bond from National Union Fire Insurance Company of Pittsburgh, P A Bond No. 87-90-90 for Palm Breezes Phase 2 and authorized the release of the original bond from Federal Insurance Company (Bond No. 8206-75-16. D. Approval of Agreement with William Miley- The Board approved the agreement with William Miley to enable the "Volunteer in the Preserve" at Bluefield commence. E. Budget Amendment No. BA08-011 requesting the transfer of$IOO,OOO from Contingency (Acct. # 001-9910-599100-800 )to Professional Services (Acct. # 001-1410-531000-100)- The Board approved the transfer of the above requested funds as requested. 2 F. Permanent Utility Easement- Michael and Carol Tarble- Parcel ID # 1425- 701-0008-000/6 - The Board approved the accepting the Permanent Utility Easement and authorized the Chairman to sign Resolution No. 08-070 and directed staff to record the document in the Public Records of St. Lucie County, Florida. G. BOCC Record Destruction- The Board approved the destruction of records as requested. H. Lease Agreement with St. Lucie County Fire District- The Board approved the Lease Agreement and authorized the Chairman to sign the Agreement. 3. PURCHASING A. Invitation to Bid- The Board awarded the Invitation to Bid # 08-010 Annual Street Re-surfacing contract to the lowest responsive, responsible bidder, Ranger Construction Industries for the cost of $521 ,815.00 and authorized the Chairman to sign the contract as prepared by the County Attorney. B. Second Amendment to Contract C03-09-68I with Gerelcom, Inc., for installation of premise distribution wiring system at an hourly rate- The Board approved the Second Amendment to Contract C03-09-681 with Gerelcom Inc., which increases the Not to Exceed amount to $200,000 and authorized the Chairman to sign the amendments as prepared by the County Attorney. C. Board approval to award Invitation to Bid # 08-012 for the purchase of a bucket truck from the lowest responsible responsive bidder, Nextran Truck Center for the cost of $92,307. - The Board approved awarding Invitation to Bid # 08-012 to Nextran Truck Center in the amount of$92,307 and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Advertise an Invitation to Bid- The Board approved advertising an Invitation to Bid for he sale of the Macpresse Baler Model 112 for the Solid Waste Department and authorized the Chairman to sign the necessary documents as prepared by the County Attorney. E. Advertise an Invitation to Bid - The Board approved advertising an Invitation to Bid for the annual contract for Garbage Collection & Recycling at County Facilities. F. Second Amendment to Contract C02-03-331 with Baker & Taylor Inc.- the Board approved the second amendment to contract C02-03-331 with Baker & Taylor for Book Leasing Program and authorized the Chairman to sign the amendment as prepared by the County Attorney. 4. LIBRARY St. Lucie West Library- Contracted Services- The Board approved the expenditures of $17,282 for Contracted Services at the S1. Lucie West Library and authorized the County Administrator to sign the purchasing requisition for payment of services to Indian River Community College. 5. PUBLIC WORKS A. The Board approved the Joint Participation Agreement with Florida Department of Transportation and Florida Ports Council (FSTED for Taylor Creek Restoration- Spoil Site Evaluation & Design Project and approved Resolution No. 08-050. FSTED's contribution is in he amount of $90,000 3 (75%) towards an estimated total project cost of$120,000 and authorized the Chairman to sign. B. Local Government Agreement with SFWMD - The Board approved the Local Governmental Agreement with south Florida Water Management District in the amount of $54,500.00(50%) for White City Drainage Improvement- Citrus and Saeger Avenues and approved Resolution No. 08-053 and authorized the Chairman to sign. The estimated total project cost is $109,000.00. C. Local Government Agreement with SFWMD- The Board approved the Local Government Agreement with South Florida Water Management in the amount of $500,000 (50%) for Indian River Estates Storm Water Improvements - Pump Station and approved Resolution No. 08-055 for an estimated total project cost of$l,OOO,OOO. D. Approval of Local Government Agreement with South Florida Water Management in the amount of$500,000 (50%) for Paradise Park Storm Water Improvements Phase 2 and Resolution No. 08-056- Estimated total project cost of$l,OOO,OOO.- The Board approved of the Local Governmental Agreement with SFWMD in the amount of $500,000 for Paradise Park Storm Water Improvements Phase 2 and approved Resolution # 08-056 and signature of Chairman. E. Engineering Division-Award of Bid # 07-108 for the Construction of Avenue "J" Pedestrian Bridge to Sheltra & Sons Construction, Co., Inc., in the amount of$193,283.73 - The Board approved awarding Bid # 07-108 to Sheltra & Sons Construction for the construction of Avenue "j" pedestrian bridge in the amount of$193,283.73 established the project budget as outlined and authorized the Chairman to sign the contracts as prepared by the County Attorney. F. Engineering Division- Staff requested the Board authorize proceeding with additional interim financing to fund additional assessment services to be provided by Camp, Dresser & McGee, Inc., and approve the corresponding Budget Resolution at set forth below: Lennard Road I MSBU - $40,000 Lennard Road 2 MSBU- $40,000 Lennard Road 3 MSBU -$40,000 Budget Resolution 08-064 Budget Resolution 08-065 Budget Resolution 08-066 THIS ITEM WAS PULLED FOR SEPARATE VOTE. COM. GRANDE STATED HE DID NOT SUPPORT THIS PROJECT. G. Engineering Division- The Board accepted the project, released the retainage, and approved making final payment in the amount of $6,240.00 to Johnson Davis for Emergency Repair on Indian River Drive at Eden Creek Lane and authorized the Chairman to sign. H. Engineering Division- Approval of Work Authorization No. 3- The Board approved Work Authorization No.3 to the Contract for Professional Engineering Services related to Stormwater Management with Creech Engineers for services on Sneed Road for an emergency culvert replacement project in the amount 0 $58,176. and authorized the Chairman to sign. 1. Engineering Division- Approve Work Authorization No.2 with Ardaman & Associates- The Board approved Work Authorization No.2 with Ardaman & Associates for construction material testing for Avenue J Pedestrian Bridge over Drainage Ditch No.2 in the amount of $5,000. 4 J. Request for BOCC approval of Amendment 1 of W A # 7 for a time extension with Dredging and Marine Consultants- The Board approved Amendment 1 of W A # 7 for a time extension with Dredging and Marine Consultants LLC for construction inspection services for Taylor Creek Dredging Project Phase 3 Shoreline Stabilization. 6. PARKS AND RECREATION A. Request for approval to serve alcohol at the Indrio Road School House - The Board approved Tareena Blanton's request to serve alcohol during her wedding reception at the Indrio Road School House on March 8, 2008. B. Summer Camp- Grant Request- Ft. Pierce Redevelopment Agency- The Board authorized Parks and Recreation to submit a funding/sponsorship request for up to 33 children to attend Lincoln Park Community Center's Summer camps, in the amount up to $24,750. C. Fair Association Request- The Board approved the Fair Association's request to construct a 30'X 6' shade pergola off the front of the Fairgrounds information booth. 7. HUMAN RESOURCES A. Nationwide Retirement Solutions 457 Plan Loan Provision- The Board approved the request to provide a Loan Provision in the Nationwide Retirement Solutions 457 Plan. B. Establishment of the position of Records and Inventory Management Specialist Position Job Code 707, Pay Grade 14. Current salary range $13.09/hr to $19.97/hr. - The Board approved the request to establish the position of Records and Inventory Management Specialist. 8. RESEARCH PARK Treasure Coast Education, Research and Development Authority- The Board approved the proposed First Amendment to Work Authorization No.8 with Culpepper and Terpening for Surveying Services, and authorized the Chairman to sign the First Amendment. 9. GROWTH MANAGEMENT Petition of Dr. David T. Welch for a 12 month extension of the date of expiration for the Major Site Plan project known as Church of God in Christ for property located on Juanita Avenue and adopt Resolution No. 08-013 granting the 12 month extension.- The Board approved Resolution No. 08-013. 10. SOLID WASTE Staff request Board approval of and or Chairman to execute Work Authorization No.3 as prepared by the County Attorney for the December 31, 2007 proposal from CDM for engineering services and field services to install the third layer of horizontal landfill gas collectors in Cell 3A for a lump sum of $72,260.00.- The Board approved the execution of Work Authorization No.3 as prepared by the County Attorney. 11. TRANSPORT A nON PLANNING ORGANIZATION Approve Budget Resolution No. 08-057 to recognize the additional FHW A grant award to St. Lucie TPO in the amount of$345,000 for 2007/2008 fiscal year for a total award of 5 $545,000.- The Board approved Budget Resolution in the amount of$78,152 increasing the budget for the S1. Lucie TPO up to $545,000. 12. AGRICULTURE EXTENSION Request for Board approval of Budget Resolution No. 08-054 to implement the Emergency Management Residential Construction Mitigation Program- The Board approved Budget Resolution No. 08-054. 13. CENTRAL SERVICES A. General Elevator Sales & Service- The Board approved the Amendment to Contract C05-11-708 for the additional of elevator repair and maintenance services for the New Clerk of Court building; authorized the Chairman to sign the Amendment as prepared by the County Attorney. B. David Brooks Enterprises Change Order No. 22 to # C05-12-636 Construction of the New Clerk of Court building, Downtown Chiller Plant and Phase 1 of the Old Clerk of Court remodel; increasing the contract time for the Chiller Plant project 170 days changing the date of substantial completion to July 23, 2008, and to increase contract time for the Old Clerk of Court Remodel project 20 days, changing the date of substantial completion to November 13, 2008, authorized the Chairman to sign the change order as prepared by the County Attorney. C. Downtown Judicial Complex Project- Edlund Dritenbas Binkely Architects and Associates Courthouse Main Entrance- Third Amendment to C03-12-761 $1,775. Courthouse Annex Renovation- Second Amendment to Work Authorization No. 14 Contract # C05-05-248 $ 1,775. Clerk of Court Renovation- Fifth Amendment to # C03-12-762. $10,520. The Board approved the above amendments with Edlund Dritenbas Binkley Architects and authorized the Chairman to sign the amendments as prepared by the County Attorney. 14. GRANTS A. The Board authorized the submittal of a grant application, on behalf of Exchange Club Castle, to the U.S. Department of Justice, Office of Violence Against Women, "Safe Havens: Supervised Visitation and Safe Exchange Grant Program" requesting an amount not to exceed $550,000 to further a program to support supervised visits and the safe exchange of children by and between parents. B. The Board authorized the acceptance of grant funding in the amount of $60,000 from the South Florida Water Management District, S1. Lucie River Issues Team to be used to develop and construct a $130,000 educational exhibit at the Oxbow Eco-Center. C. The Board approved the submission of a funding application to the US Department of Health and Human Services requesting an amount not to exceed $50,000 year over a 3 year period to further a program to provide capacity building collaborations that create or expand asset formation and financial literacy services among low income households. 15. COMMISISONER GRANDE Appointment to Planning and Zoning Commission- The Board ratified Com. Grande's appointment of Ed Lounds to the P & Z Board. 6 16. ADMINISTRATION A. The Board approved amending the federal request to the Senate for the Treasure Coast Education, Research and Education Park for an amount of $1,9000,000 to an amount of $2,950,000. B. Gubernatorial appointment - The Board approved completing the Re- appointment Ballot Form with the concurrence of the recommendation of reappointment of Dr. Mittleman for submittal. C. Citizens Budget Development Committee- The Board ratified Commissioner Craft's appointment of Christopher Dzadovsky to the Citizens Budget Development Committee. D. Board of Adjustment Appointment- The Board ratified Com. Craft's appointment of Mr. Richard Pancoast to the Board of Adjustment. 17. AIRPORT Request that the Board approved Change Order # 2 for Ocean Gate General Contractors Inc. - The Board approved Change Order # 2 for Ocean Gate General Contractors, Inc., for an additional cost of$II,462.47 changing the contract amount from $2,328,538.25 to $2,340,000.72 adding 23 days to the contract time changing the substantial completion date to January 31, 2008 for the construction for the new Aircraft Rescue and Firefighting Facility at the St. Lucie County International Airport, and authorized the Chairman or designee to execute the same. 18. INVESTMENT FOR THE FUTURE Fairgrounds Wastewater Treatment Plant Expansion Project- Approve Work Authorization # 23 (C05-04-170) to Mastellar & Moler Inc., and request to go to bid and additional funding for the project- The Board approved Work Authorization # 23 with Masteller & Moler in the amount of$71,000 for engineering services, and authorized staff to go to bid for the FairgroundsÆOC wastewater treatment plant capacity increase project, approved additional funding for the project in the amount of$322,600 increasing the total project budget to $821,000 and approved Budget Resolution No. 08-043. 19. ECONOMIC DEVELOPMENT A. Resolution No. 08-067 a resolution stating the incentive package for Treasure Coast Jet completions. This incentive package was approved by the Board on December 18, 2007. This resolution is required to file an application for a State Qualified Targeted Industry incentive- The Board approved Resolution No. 08-067. B. Approval of the County's Incentive Package for Oregon Health & Science University- The Board approved the incentive package including an agreement to enter into an Economic Development Impact Fee Mitigation Agreement and to hold a public hearing to consider the Ad Valorem Tax Abatement. 20. MANAGEMENT AND BUDGET Resolution No. 08-072 to accept grant award from the Florida Fish and Wildlife Conservation commission in the amount of $50,000 for the renovation of the Surnmerline Boat Dock- The Board approved Resolution No. 08-072 to establish the budget for the grant. 21. COMMUNITY SERVICES Approval of a one year extension to the Hurricane Housing Recovery Program for submittal to Florida for submittal to Florida Housing Finance Corporation- The Board 7 approved a one year extension to the Hurricane Housing Recovery Program for submittal to Florida Housing Corporation and authorized the Chairman to sign the necessary documents. C-5F Engineering Division- Staff requested the Board authorize proceeding with additional interim financing to fund additional assessment services to be provided by Camp, Dresser & McGee, Inc., and approve the corresponding Budget Resolution at set forth below: Lennard Road 1 MSBU - $40,000 Lennard Road 2 MSBU- $40,000 Lennard Road 3 MSBU -$40,000 Budget Resolution 08-064 Budget Resolution 08-065 Budget Resolution 08-066 It was moved by Com. Craft, seconded by Com. Lewis, to approve staff recommendation, and; upon roll call, the vote was as follows: Nay: Grande; Aye's: Craft Lewis, Coward, Smith, motion to approve carried by a vote of 4 to 1. REGULAR AGENDA 5.A No public hearings scheduled. 6. THIS ITEM WAS PULLED PRIOR TO THE MEETING 7. AIRPORT Request direction from the Board on recommended properties to be sold to offset the cost to purchase a 29 acre parcel south of the new runway at the St. Lucie County International Airport- Consider staff recommendation to provide direction on the sale of properties between Ridgehaven and U.S. 1 . It was moved by Com. Coward, seconded by Com. Craft, to approve staff recommendation, and; upon roll call motion carried unanimously. 8. COUNTY ATTORNEY Resolution No. 08-068- Amendment to the Investment Policy- Consider staff recommendation to adopt the attached Resolution No. 08-068 and authorize the Chairman to sign the Resolution. It was moved by Com. Grande, seconded by Com. Craft, to approve Resolution No. 08- 068, and; upon roll call, motion carried unanimously. 9. COUNTY ATTORNEY Riverland/Kennedy LLP and ACR Properties, LLC- Settlement Agreement- Consider staff recommendation to approve the Settlement Agreement and authorize the Chairman to sign the Agreement. It was moved by Com. Craft, seconded by Com. Coward, to approve staff recommendation, and; upon roll call, motion carried unanimously. 10. GROWTH MANAGEMENT 8 Continuation of the petition of Ryan Johnson, Johnson Group Land Development Consultants Inc., and Anya Group Inc. for a 12 month extension of the date of expiration for the Major Site Plan for lndrio Crossings - Phase II . It was moved by Com. Lewis, seconded by Com. Coward, to approve the 12 month extension to the Indrio Crossings Phase II Major Site Plan Project, and; upon roll call, the vote was as follows: Aye's: Lewis, Coward; Nay's: Craft, Grande, Smith; motion denied by a vote of 3 to 2. 11. COUNTY ATTORNEY ORCA Use Agreement - Walton Scrub Homestead This item was pulled. RA.1 Discussion on Wind TurbinesIFPL- Staff requesting direction The County Attorney advised the Board this relates to a meeting scheduled on Thursday and a follow up on Friday. On this agenda as item 12 is a proposed easement to FPL for the use of Blind Creek Park for several wind turbines. The Board has not expressed their position. The County Attorney addressed this issue and read the Florida Administrative Code Rule 18-2.0 18(3) (d) 1 provides: "If a requested easement is located on lands under lease, sublease, management or other use, the applicant shall obtain permission from the authorized managing entity for the easement prior to the application to the Trustees". In this case the County does not own the land we have a 50 year lease with SFWMD and the Trustees. The Board has not consented to the application. He believes it would be appropriate to ask FPL to pull this item from the agenda. He felt it was not fair to everyone the way it has been presented and this is not the correct forum. He would prefer a night meeting with adequate notice and give everyone the opportunity to state whether they are in favor or opposed. He believes the County should ask the State to have the item deferred until the County determines whether the request should be approved and goes through the appropriate process. He believes that in reading the rule, it is premature to meet until the locals have had a chance to meet. Com. Coward stated the residents agreed to pay and tax themselves $3.6 million dollars for preservation of this land. He referred to the language on the ballot memo of the referendum and the County Attorney's opinion. Com. Grande expressed his concern with this item being placed on the agenda with one week's notice and questioned why FPL has not chosen to withdraw this item from the State's agenda until they have heard the County's comments. Com. Coward addressed the Archeological site and the recommendation from the State staff. Mr. Eric Silagy, FPL Vice President, addressed the Board's questions and gave a brief overview of the facility and stated they are required to appear before the State as well as the County. They found out the same day as the County did they had to appear before the State. Com. Coward alluded to the ARC rule which reads: "If a requested easement is located on lands under lease, sublease, management or other use, the applicant shall obtain permission from the authorized managing entity (the county) for the easement prior to the application to the Trustees." He asked ifhe agreed with this. 9 Mr. Silagy stated they applied for the rezoning application in September and have requested to come before the Board several times. They were asked by the County to remove themselves from the agenda and they did. They believe it is not their place to interpret the ARC rules. They are following the state's request to appear before them. They have asked repeatedly to be placed on the county's agenda before this happened and have not. Com. Craft offered giving Mr. Silagy a firm date in exchange for the item being pulled from the State's agenda. He believes this is the most important issue ever and it needs to be discussed in a public forum. Mr. Silagy stated he believed it was important to have this discussion and would be willing to consider this however he would need to know from ARC if they would be able to be placed back on their agenda by April. Com. Craft stated he would like to give FPL the opportunity to be heard by the BOCC, but would have a difficult time if this was being done out of order as it presently stands. Com. Grande stated the fix was simple. They would need to go to ARC and advise them they would like to have the item pulled until it is heard by the County and its residents. Mr. Silagy stated he has always been in agreement to work with the county in this process. He is not an expert in the ARC rule and cannot tell the ARC how to do their business. Ifthere was another way forward he would be happy to discuss it. Com. Lewis stated she did not wish to be portrayed as "an obstacle in the roadway" and felt it would not be in the best interest of either party to make an up or down decision today. They need to proceed with everyone best interest in mind and is not ready to move forward today. Mr. Silagy stated he felt it would not be appropriate to have an up or down decision today since they have not had the opportunity to make their presentation on the project and have dialogue. Com. Coward alluded to a letter from FPL dated December 7th requesting the item be pulled from the agenda. He stated he also did want to have this decided in a public domain. Mr. Silagy stated they support discussion in a public domain. FPL is a large taxpayer and are proud of their conservation record. He addressed additional land being considered. Com. Coward stated today was the first day he had seen a map of other lands or even heard about additional lands and questioned how he could even consider them without knowing about them. He was not included on any of these discussions. Com. Craft stated they are learning about things they were not previously aware of. He supports drafting a letter to ARC asking the item be removed from the agenda until a public meeting is held and asked FPL to honor this wish as well. The Recording Secretary read a letter from Mayor Bob Benton addressed to the Chairman and the Board. The letter has been included in the hard copy of the Board minutes. PUBLIC COMMENTS Dr. Kenneth Olen, area resident made a presentation on electric power generation and stated they should look at the science. He stated in a report it stated there is insufficient wind power in the State of Florida to make this project economically feasible. He recommended the Board not approving FPL's request. 10 Ms. Christine Coke, City of Ft. Pierce Commissioner addressed the Board and stated the County had to uphold its obligation to the people that being saving and preservation of public lands. Mr. Harry Gray, South Indian River Drive resident, addressed the Board and stated he felt FPL was not being a good neighbor and he believed they were looking for tax credits. Ms. Linda Nunn, Indian River Drive resident, addressed the Board in opposition of any conversation land being used. Mr. Miguel Fuentes addressed the Board and recommended having a hearing, look at available technologies and try to find a solution. He recommended placing all facts out on the table and then deciding what direction to take. Ms. Julie Zahniser, Indian River Drive resident, addressed the Board in opposition to the wind turbines being placed on the beach. She advised the Board and those present if they wished to review any negative facts about wind turbines in their present location to go on the website. Mr. David Dale, South Indian River Drive resident, addressed the Board in opposition to the wind turbines due to the possible stroke affect it may have on nearby homes due to the sun's reflection. Dr. Eric Haney, area resident, addressed the Board in favor of a public forum being scheduled to discuss the issue and the facts presented by both sides. Mr. Adam (unintelligible last name) Indian River Drive resident, addressed the Board in opposition to the project. He expressed his concerns with it ruining the scenic beauty of the area and the impact it may have economically. Mr. Peter Deagan, Sand Dollar Shores resident, addressed the Board in opposition to the project. Mr. Craig Mundt, N. A-l-A resident, addressed the Board in opposition to the use of any public lands and felt it may set a precedent. He believed the Board to make a decision today. Ms. Susie Smith, S. Hutchinson Island resident, addressed the Board in opposition and stated the Board holds the fate of the taxpayers in that area in their hands. Mr. Phillip Tofoya, St. Lucie County resident, addressed the Board in opposition to the project. Mr. Jeff Mitchell, representing the Conservation Alliance, requested the Board do all possible to prohibit wind turbines. He recommended through studies be done and recommended investigating private lands for such use. Ms. Miller, North Hutchinson Island, addressed the Board recommended researching solar energy since Florida is known as "the Sunshine State". Ms. Pat Pasetti, Presidents Council, addressed the Board and stated they were still in the process of putting together information as to the Pro's and Con's of such a project. She stated her opposition to placing this item on the County's agenda at the last minute. Mr. Mark Novak, St .Lucie County resident, addressed the Board in opposition to the project and stated the do not need more electrical capacity at the moment. Ms. Pat Spaulding, area resident, addressed the Board for Ms. Jane Brooks who could not be present and advised them of her opposition to the state not including the county in the process. 11 Mr. William Abramowicz, Indian River Estates resident and FPUA employee, addressed the Board and recommended moving towards finding alternative forms of energy to use. He believes 3,000 homes is not a large enough service area to require 9 wind turbines. Mr. David Bay, area resident, addressed the Board in favor of the project and any form of renewable energy. Ms. Erica D' Avanzo, SurfRider Foundation, addressed the Board in opposition to the project and addressed the impact it would have to Walton Rocks Beach area. Ms. Karen Federick, Rio Vista Drive resident, addressed the Board in opposition to the project. Mr. Tom Walker, So. Hutchinson Island resident, addressed the Board and stated historically Florida has been known for making some of the worst environmental decisions and recommended the Board use integrity when making their decision. Mr. Nick Theodore, Port St. Lucie resident, addressed the Board and reminded them of a similar situation occurred when the Power Plant project was being presented. He recommended the County Attorney attending the meeting to voice the County's displeasure to ARC. Mr. Chris Sedowsky, Port St. Lucie resident, addressed the protection of public lands and reminded the Board that the voters had wished to protect these lands. He believed they need to move past the legal issues and move more towards the discussion. Ms. Carol Mishieu, President So. Beach Association, addressed the Board and asked that there not be any public lands or conservation lands used for this project. She advised those present she was not convinced such a project was an economically viable option. Ms. Lauri Schwab, Indian River Drive resident, addressed the Board in opposition to all wind turbine projects on the island and felt this was an incompatible land use. Mr. Paul Schall, St. Lucie County resident addressed the Board and stated that the population number in the county is greater than just those present. He believes everyone is entitled to make a profit and believes this project would allow energy to be affordable and believes public lands is the suitable area for the project. Mr. Anthony Hupta, St. Lucie County resident, and professional engineer, addressed the problems with this type of a project on public lands. He believes this land should be used for commercial projects. Dr. Steve Dale, So. Indian River Drive resident, addressed the Board in opposition to the project on the beach and expressed his concern with the sound and light transmission on the water and how it may affect the fish. He recommended partnering with FPL and giving tax credits for solar use. Mr. Kevin Murry, volunteer SurfRider Organization, addressed the Board in opposition to the project. Mr. George Jones- St. Lucie County resident and former Environmental Protection Dept., employee, addressed the Board and stated the public deserves to have lands preserved for future generations. Mr. David Weeks, St. Lucie County resident, addressed the Board and stated he had a problem with the public dependency on fossil fuels and we now needed to be in a renewable and sustainable mode for the future. Mr. John Carroll, Indian River Drive resident, addressed the bond issue due to the referendum and the possible violations this would cause. 12 Mr. Bob Lessa, So. Hutchinson Island addressed the Board regarding short term tax credit for long term use. He believes the proposition is not economically feasible. He recommended the Board require FPL to demonstrate audible figure that shows this is an economically feasible proposal with out any tax credits. Ms. Susie Caron, Indrio Road resident, addressed the Board with regard to their role in preserving lands and felt their "word" should be set in stone. Ms. Edie Shore, member of the Audubon Society addressed the Board and advised them of a letter the Society sent to FPL in December and the fact they have as yet to receive an answer. She recommended putting closure to the issue today. Ms. Grace Stock, are resident, addressed the Board and also commented on the letter sent by the Audubon Society and read a paragraph where it stated the land is purchased in perpetuity and not to be used. Ms. Elizabeth Dunlevy, Gator Trace resident, addressed the Board with regard to the letter from the Audubon Society regarding the easement and the use of conservation lands. Mr. James Moore, St. Lucie County resident addressed the Board and recommended the Board listen to the County Attorney's statement as well as Com. Coward who he felt were experts on the issue. Com. Coward advised those present he concurs with all comments made today and they needed to stand up and say "these lands are off the table." He felt they can then have more conversations on clean energy. He recommended the Board take a stand today, he is not interested in sacrificing conservation public lands but is willing to work with FPL on clean energy. Com. Craft stated he would like to continue dialogue however not on FPL's or the State's timeline. There are many questions that need to be asked and he felt they needed to protect the integrity of the system. Com. Grande asked FPL if they had made a decision as to whether they were going to ask the State to defer the item. Mr. Silagy stated that FPL had listened to all the comments made by the general public. FPL is committed to build renewable energy in Florida and ARC is one half of the approval needed. They were required to submit the application to the state and follow the process. In order for FPL to meet the commitment of renewables they must go before the State. He also advised the Board they could not answer any questions if they were not permitted to step foot on the property to take samples. Com. Grande stated he was not happy with coming back to an unagendad item on an emergency basis. He is not here to negotiate today and will not foreclose any option today. He has not made up his mind today. If the state moves forward he will be against anything pertaining to this project. FPL has an opportunity to put this on hold or withdraw the application. Com. Craft stated he did not have an issue with Public Lands and they needed to look at net environmental gain and would like to have this discussion on this issues next. Com. Coward alluded to the legal facts and need to uphold the legal interpretation of staff. He felt the does not need more information and is not a gray issue. Com. Craft stated he does not believe County Attorney's memo includes mitigation facts and this is not black and white and would like to look at this in a fair manner. The Attorney from FPL addressed his interpretation of the ARC rule and the legal issue. 13 FOR INCLUSION IN THE RECORDS OF THIS MEETING In the middle of the eighteenth century the industrial revolution began by using fossil fuels, mostly coal, for energy. At that time, little was known about the long term effect of that use. Furthermore, no real effort was made to determine any effect, and nobody worried about it. In our current situation, we have become addicted, not to oil, but to heavy energy usage. As the effects of fossil fuel use for that energy become obvious, we have suddenly become converts to "alternative energy" use, and politically dedicated to the concept. So much so, that our politicians have dedicated large sums of your money to promoting the use of this "alternative energy" by awarding tax incentives to give it a try. This worldwide government push started over the realization that perhaps the scientists who had been protesting the resulting global climate crisis were right after all. Perhaps they even knew more than most politicians! Today you are faced with the same problem. Lets not make the same stupid mistake we made 250 years ago, leaping before we look, all in the name of money. The proposed wind turbines cannot generate any power at all below a certain minimum wind speed. That wind speed does not occur merely because the power is needed. The maximum quoted does not occur very often. A 2005 study of wind power opportunity for the Florida coast conducted by the University of Delaware (MAST -667) reveals that there are certain areas of the Florida coastline that do get appreciable long term wind velocities, but they do not include the Treasure Coast. They include places near the end of the Keys, Panama City area, and off Jacksonville. Even the area around Cape Canaveral is better than the Treasure Coast. There has been too little study done of the effects of these turbines on our environment. We need intensive studies made by recognized scientists into the birdlife using the coastal flyway along our coast, the affected turtle population, and the light flicker effects on all of the living things in range, both on the island, in the ocean, and in the Indian River Lagoon. In particular we need to study the vibrations transmitted into the ground and water in both the ocean and the lagoon in order to make at least educated guesses about the long term effects on the inhabitants of continuous operation. While we engineers may distain the value of such information, let me remind you that just fifty years ago we didn't respect the long term effects of the continuous belching of that innocuous carbon dioxide into the endless atmosphere either. Vibration in the water equals sound in the water. Sound travels far better in the water than in air, and life in the water is much more dependant on sound than we are living on land. Dolphins, for example, can distinguish between a one inch ball and another several thousandths of an inch larger, at a distance of about fifty feet in dirty water. This was done with sound echoes of very high frequency. A more mundane sounding use is communication by spawning populations of many fish species in the Indian River Lagoon. Let me remind you again that we know far too little about the effects of these wind turbines on our fragile environment to risk their placement on the barrier island at all. They say that those who forget the mistakes of the past are doomed to repeat them. You have been reminded! John Holt Saint Lucie County citizen, taxpayer and voter :3 2 1 o -5000 YEARS I I , i o PRESENT .....5000 YEARS County commission 2008 0212 Thanks for my turn here. I will try and be brief. I have been watching the FPL Turbine debate since it's inception but my first physical appearance in the matter was at the South Beach Wind Siting. I am the guy that was wearing the Windmill T-Shirt. I learned a lot that clay... Rule Number 1, Don't talk to the press...Rule number 2, don't tell them your age... what does THAT have to do with anything??? So I am here today to talk to YOU, because I believe that we have an incredible opportunity to bring a renewable and sustainable ENERGY resource into this community. RENEWABLE and SUSTAINABLE. Those two words should become the basis for every conscience decision you make from this moment forward. WHY? Because we have an incredible problem facing us all and it is not Wind Turbines, it is not FPL, it is not bird kills and it is most certainly NOT about a small group of citizens worried about noise or the obstruction of their view or their utility bill The Term is called PEAK OIL, and unlike Global Warming and Climate Change that just came out of the closet by being ratified by over 130 countries through the Intergovernmental Panel on Climate Change, peak oil is not going to affect us 30 or 50 years from now, PEAK OIL is HERE and NOW. Peak OIL is about reaching the halfway point of the GLOBAL Fossil fuel reserves. http://en.wikipedia.orglwikilPeak_oil Dr. Marion King Hubbert, a Shell Oil research geologist, gave a presentation to the annual oil industry convention in Houston Texas in 1956 and predicted that US production of oil would peak in 1970. It did in 1971. Do you remember President Carter issuing the gas guzzler tax and government rebates for small cars and Drive 55 speed limits back then? Remember the gas lines? I do. Dr. Hubbert continued his work and predicted GLOBAL Peak oil in 1994, but with President Carter's CONSERVATION measures the consensus is that it was deferred an estimated 10-15 years. ASPO Energy Experts convening again in Houston Texas last October 15-18 have reached a general concensus and are now saying Peak Oil was 2006. The problem is, you don't know until several years later where the peak actually was. ; L".;"4! :u ~ ;¡ :; -. ~. t :0 . ~ ~; . o ~ ·0 o ·~?O u.:.:: 1n: .,~~ ~9":"O 4':0 1æ3C 2;0: ::l:J,.:t :0:0 .:::¡: .:;:~: :'=!-:l . IC'J~"':'Õ DEurco& D¡;~ssi3 D0tl14rDME:llSl.I-.3>Y.-tC DD...p·,.'3lwr C:::>ci3ra~f"LI SO WHAT? What does that mean to you and me? Text book definition. The world is at the peak of production of oil at 80mill Barrels of oil per day and will never be able to produce much more than that for only a few yeats and then, slowly at first, taper production until it falls off to depletion. Same for natural gas, the same bell shaped curve for any finite resource. This also includes Uraniwn which supposedly peaked in 1986. (I am researching that one) Last summer crude oil was priced at -67.00 bI. Right now oil is hovering at almost $93/b1 and OPEC has refused to increase production saying the current pricing levels are fine.... Are they bluffing? Can they open up the production spicket if they want to? Some say no. I just finished a book. "the coming economic collapse..." by Dr. Stephen Leeb, written in 2006, that predicted $1 OObl in 2007 and 200/b1 soon after and pointed out that without subsidies to the oil and gas industry, Gas at the pwnp would be $lO.OO/gal The demand side of Peak oil is concerned with the consumption over time, and the growth of this demand. World crude oil demand has grown at around 2 percent in recent years. Demand growth is highest in the developing world. World demand for oil is set to increase 37% by 2030, according to the US-based Energy Information Administration's (EIA) annual report Top World Oil Producers, Exporters, Consumers, and Importers, 2006 (millions of barrels per day) Total oil Neloil Total oil Net oil Producens ' production Exportens2 exports Consumens3 consumption lmportens' Imports 1. Saudi 1. Saudi 8.65 1. United 20.59 1. United 12,22 Arabia 10.72 Arabia States States 2. Russia 9.67 2. Russia 6.57 2. China 7.27 2. Japan 5.10 3. United 8.37 3. Norway 2.54 3. Japan 5.22 3, China 3.44 States 4. Iran 4.12 4. Iran 2.52 4. Russia 3.10 4. Gennany 2.48 5. United Arab 2.52 5. Gennany 2.63 5. South 2.15 5, Mexico 3.71 Emirates Korea 6. China 3.84 6. Venezuela 2.20 6. India 2,53 6. France 1.89 7. Canada 3.23 7. Kuwait 2.15 7. Canada 2.22 7. India 1.69 8. United Arab 2.94 8. Nigeria 2.15 8. Brazil 2.12 8. Italy 1.56 Emirates 9, Venezuela 2.81 9. Algeria 1.85 9. South 2.12 9. Spain 1.56 Korea 10. NOfWay 2.79 10. Mexico 1.68 10. Saudi 2.07 10. Taiwan 0.94 Arabia 11. Kuwait 2,67 11. Libya 1.52 11. Mexico 2.03 12. Nigeria 2.44 12. Iraq 1.43 12. France 1.97 13. Brazil 2.16 13. Angola 1.36 13. Untted 1.82 Kingdom 14. Iraq 2.01 14, 1.11 14. Italy 1.71 Kazakhstan NOTE: OPEC members in italics. 1. Table includes all countries with total oil production exceeding 2 million barrels per day in 2006. Includes crude oil, natural gas liquids, condensate, refinery gain, and other liquids. 2. Includes all countries with net exports exceeding 1 million barrels per day in 2006. 3. Includes all countries that consumed more than 2 million barrels per day in 2006. 4. Includes all countries that imported more than 1 million barrels per day in 2006. Source: Energy Information Administration (EIA). www.eia.doe.qov/emeu/cabs/ . Top Consuming Countries, 1960-2005 24- ~ 6- ,,"~ J ' apan ____------_~¡¡¡&¡f~- _/--~-----....__-..__.-.-- - ~~"".., ././.-.~..- Russia .-. - _./ ...-9tJjJJ§l~_;__::......----- . : o ;.-::. I . . . . ;'":'7'~-1 . . . . I . : . . I . . . . I . . . . I . . . . II~d.la. I 1960 1965 1970 1975 1980 1985 1990 1995 2000 2005 Source: hUp:/Iwww.ela.dee.gevi.....eul....../pdtlp"ll"lI.edl_20.pdf Former U.S.S.R. >. 18- m o 0- Il> 0.. rJl "ê 12- 0- m co c ~ China is building cities the size of Los Angeles Annually (National Geographic, Last Summer). Through outsourcing of our Manufacturing to China and giving the Service Sector Industries to India (Call Centers, Tech Support, income tax preparation) both countries have now reached Middle Class and they want the Western Way of Life... The House, the Yard, the kids, the SUV, the white picket fence and the dog. AND, they have no charge card debt, they have savings accounts. So they are now ready to invest in a fossil fuel based economy which they won't be able to have. We are 5% of the Global Population consuming 20% of the Global fossil fuel production Major Growth Rates . _0- ..___ .....__...... .~_ .. World China India United States Source." The World Factbook, 2006. 6,446,131,400 1,306,313,812 --- .- 1,080,264,388 295,734,134 9.9 7.6 3.5 1.9 4.6 3.2 The above table shows gdp growth rates and inflation levels. An interesting paper came from the Jllinnesotans For Sustainabjiit.;v- website. forgotten fundamentals of the Energy Crisis (1978) Albert A. Bartlett Table I: Lifetimes of non-renewable resources for different rates of growth of consumption. Except for the left column, all numbers are lifetimes in years. Lifetime of Resource in Years 0%* 10 30 100 300 1000 3000 10,000 1% 9.5 26 69 139 240 343 462 2% 9.1 24 55 97 152 206 265 Annual 3% 8.7 21 46 77 115 150 190 4% 8.4 20 40 64 93 120 150 Growth 5% 8.1 18 36 56 79 100 124 6% 7.8 17 32 49 69 87 107 Rate 7% 7.6 16 30 44 61 77 94 8% 7.3 15 28 40 55 69 84 9% 7.1 15 26 37 50 62 76 10% 6.9 14 24 34 46 57 69 * 0% annual growth = "at current rate of consumption". Example 1. If a resource would last 300 years at present rates of consumption, then it would lost 49 years if the rate of consumption grew 6% per year. Example 2. If a resource would last 18 years at 5% annual growth in the rate of consumption, then it would last 30 years at present rates of consumption (0% growth). Example 3. If a resource would last 55 years at 8% annual growth in the rate of consumption, then it would last 115 years at 3% annual growth rate. http://www.mnforsustain.orglbartlett_arithmetic-presentation_long.htm The relevance of Peak Oil is that we need to explore ALL of our options and fmd ways to replace the energy stream we have gotten from oil before we run out. If we don't convert, and I mean NOW, we go back to the dark ages and there is no second chance.... we are done. · There is no other resource at this time that can compare with fossil fuels for compactness of energy, transportability, and energy output..... NOTHING... not Hydrogen, not Ethanol, not Biodiesel.. .NOTHING. · There is no RENEWABLE, SUSTAINABLE resource that is as reliable as oil. · We are going to have to rely on combinations of many different types of resources in order to maintain any quality of life. · The only viable RENEWABLE AND SUSTAINABLE sources of energy in Florida come from the Sun and the Wind. (F AU is working on a Gulf Stream Turbine but it is still in the lab.) · The FIRST and FOREMOST thing we can do to slow our glut of ENERGY is CONSERVE. · Because of a growing limited supply of oil and with increasing demand by emerging nations, any little hiccup in production, refmement, transport, of our steady supply of oil can have MAJOR IMPACTS to our way of life · Most of the producing nations with the most remaining resources hate our guts. · The sooner we wean ourselves from fossil fuels, the sooner we lower our risk · Renewable Energy IS Homeland Security Now to the Wind Turbines - " . The Governor held an Energy Summit last summer in Miami at the Intercontinental Hotel. They had booths set up in the Mezzanine and electric cars down in the parking lot and were giving rides around the park in them. I visited many of the booths. The outcome of that summit resulted in three executive orders that, to the effect, dictated that the Utilities provide 20% of their energy from renewables. He asked Congress, who we all voted for, to provide incentives to jumpstart such an aggressive campaign on renewables. I'm sure you know all about it. He also pushed Net Metering through the Public Service Commission and made it so that an owner can hook up his own renewables to the grid, run his meter backwards when he was generating energy and drawing from the grid when it was cloudy or calm and you only have to reconcile to the utility once a year. That is a GREAT thing. FPL has a deal on the table that they are going to spend almost 60 million dollars for a RENEWABLE, SUSTAINABLE resource in our county. This application by FPL is under the scrutiny of: The Florida Public Service Commission The Dcpnrtmcnt of Encrgy/Hornc:Innd Security The Governors' Office Their Shareholders The Ratepayers ALL EYES ARE WATCHING.... The downside is that you vote this down, they go away and we may NEVER get this chance again for so little invested. Because of the Rising cost of Energy, This OPPORTUNITY could be wasted. Do you want to take that chance? · The next thing I would suggest is to allow private individuals to install Turbines at their homes and businesses. You need to relax the height restrictions and allow them at up to 150'. I would require a curbside electrical outlet so that electric vehicles could plug into your power for charging. · Greg Pahls book on community powered stuff was enlightening and I would start with that as a guide. · Then I would put a moratorium on construction of any business or dwelling that is not Net Zero in energy usage and truly Green in construction. One last thought...Yesterday I had to fill up my Prius and after 613 miles only put in 10.7 gal averaging -6IMPG. I think I can do better. "The Long Emergency" James Howard Kunstler "The Party's Over" Richard Heinberg "The Coming Economic Collapse" Stephen Leeb, Phd "The Citizen Powered Energy Handbook" Greg Pahl "Sustainable Capitalism" John Ikerd Mayor .!:SOb Benton 1365 Bayshore Drive Fort Pierce, FL 34949 772-465-6258 ATfN: Joe Smith, Chair, County Commission I appreciate you reading this into public record at today' s meeting. FROM: Mayor Bob Benton DATE: February 12,2008 SUBJECT: FPL Proposal for Wind Turbines for Electric Generation Too many questions' need answered! Before any decisions are made I urge you to research the following: · What are the environmental impacts to nesting sea turtles, migrating birds and Tourist! · Financial impact ofloss of tourist, loss of property values on the beach, the drive and other waterfront properties. · St. Lucie County has done more than its' fair share to generate power for FPL which is used throughout the state: FPL's 2 Nuclear reactor plants, and FMP A's gas plant scheduled to come on line in May of 2008 vt>v · Why should we allow H1> to destroy our quality of life and some of the most pristine beaches left in Florida to generate enough power for less than 3,000 homes on a good day? Please send a message to Tallahassee to leave St. Lucie County beaches alone! We can make our own decisions that impact our future. Do not allow a few to destroy the quality of life for many! 6) ...-l ~ ...-l ~ Ø-4 CI.l (l.) a 00 "0 £ ·s. P (l.) oS ~ o ~. ~ (l.) u 8 CI.l ~ 6íì to &j "0 :l ~ f t r , , ï " , ï· ~. ì ¡ Cd i: -- ¡ to t ~ lø.. Ir--- 1 _ \...-l ¡ (l.). lofi ¡ ¡ 6 t ¡"O , ~ j ~ l.t:;) t~ ì itS 'ø.. ¡ CI.l 1"0 ! .:l~ i \ l~ ¡ I 6 ¡ '+4 ~ Cd ¡Õ lå t é1) t· t-a ¡ u ¡ 'f ¡~ I,,;, ¡ .......,. Q1 ~, JI',."""'-- .' 1'" . ~ .'.' ~ ,,... . ~. !!" ... ;~-'::~.'"" ;----.' . ','.,. ....-.,... ~.. ~'-"." "',' ~ .~.. ~ ."'..". "'" '.:~"" '. ,-~.~ ~ ''''',:" .....~. ".,.,. ,..~;,,! ~-'-.~ ~""'f. ~I...... ~-."... .....,':'..,...,._.,'..~'!',.,."..~",.~.~!.,' :"...., ..~."~,,.~~.'" .,........'~""':',...",..,.."...\,.......,'~,;~'>._" '-".V"'':''"' "'~'.l~'~~" '_"!:'" '_"',~ ''''.'''''','~' ".~'" "',~..;,..~.~.n..'.,;,''''''_ ~.'-V ~ "'",' ""_' ~ ..~._ .,_,....,: _'.,'. laannual averagewindpOlVer ~.nrel.gov . ''''/ ..... .,.,.,..' ',' -..,.~ ,. ',' ""-~' '., ""f ., ., ..,. ~.,", '," . "..~ .........,,~ .-. .~ ~ .~.,.. ... '.. ,~, '.' .,..,'....A-1....' < V ",1."- 00'" -""'," ..'\' . ...", . ""'''~:''' "".. '..~.,/:~ "'.' '.i<'.~ "",' >t.;;", '. ,..'''...''!.....!.,.. ..:. ",., ..,.__~.' .."'....~'. .....~.", ....~....'.},. 'V~., ,","., ~ ...._~.~ "<.-' ,".,.~,...". ""V-:' ~. "_".'" A @) i i ., I , I j . .~ <T L "'11<;I),(V - VV LUU ~LL1U~ i1UU 1.JCVC:IUPUICUL ,d~~~K"".&'ffuoZ''1!t{~N:5:~~~d Siting and Development ri1~C I VI I ^l:IflllLIJs EDyinm.!!1C;'lJt ~~;~~:.:~:~rEnero\' Siting a wind farm can be challenging. We must fmdjust the right combination of wind N~~~~'~-·······"'" con . . wer ission lines and land to accommodate the wind farm. Qllf ApPfQllÇþ Quick Links rll.çt!t.!!Lª"GJ F.,l1J!J~açts Sitillgl!.IlJI J)~H~It)~Ill,çllJ (';'º,l!.~tmçtiº.!! J:l1!~y-'Yi!Hi THr!:!¡!!~$.Wm:k fJ~llcfiJs..f\f.Winl,l ~:Il~rgr Kç(lu~miçs..ºI· WÎ!IJLGç!1~nl.tjºn ,f.2lJ.YJrQ!!luçljt.lll Stg!!-'lll'(!S!lip M.i~rliçU)o,;.mi!.!ll\S I'~rçql1.~lJ.t1Y.A~¡{ç!J QIIÇStiol1S ,M.ªI).~I,LI.~fl, fllçn~.\::.wiº~1 E¡lÇ¡!iJ¡Ç,~ J>!ªm,FI~Ç.t.S!.I(,"CJ~ '11l,!.llstry JA.ll,!(s T~,~,J~':I.ti.f~l1,'S, l.,ç;\(ler FPL Energy pursues potential wind farms in areas where the wind blows steadily, consistently and unobstructed for much of the time. The ideal average wind speed is approximately 25 to 35 miles per hours. Wind facilities must also be near higll-vo]tage transmission lines that can carry power over long distances. These transmission lines must have the capacity to handle the additional generation. Other considerations include . CQlmtll1nitYQuJ.rt'ªçþ -- Once we have found the right location, we share information with landowners and others Ùl the community to explain tlle process and listen to their comments. In some cases, we are able to make design changes to address any issues that surface during this important community outreach process. .Eu.y.i.rºP.IJIÇRtªJ..HC.w,ªrd,~hi.n, - We conduct environmental evaluations to assess the impact of the proposed Wùld energy center. We evaluate the effects of changes in lnndscape and water run-off. We identify sensitive areas, such as wetlands, and evaluate how animals and all other living thÙlgS may be affected by the facility. We are especially interested in bird nnd bat issues that may need to be addressed. . Quality of life - We examine "quality of life" issues for those who will live near our wind turbines. For example, A wind turbine tower, like any other tall structure, will cast a shadow when the sun shines from behind it. The rotating rotor blades also produce a flickering effect when the sun is directly behind the turbine at dawn and dusk. To alleviate this, we seek to position the turbines so that they are not directly between the sun and the house at those times of the day. Copyright '(';2007. FPL Energy, LLC. All rights reserved, i---~/~- /l-.......,,...(~- I~~ T- ~-e..e~""¿ ~~.c? ~.e~7~~ /-:L-e;---~: ___~""""'~-'71 ~~T~ ~~ ~~-"-d 7 http://www.fplenergy.com/portfoli o/wind/siting_ develop. shtml 02/09/2008 I I I i ! I I I i hvq/ vfJtI 'f/ÜJ qJj AIÜEI . ,)' I -- I , . 9 L I 8 I ------¡> I b I ¡ i , _ 'H ..~_--'___ t ' --.~--- I I I ¡ i , " I, I . r--~--+··· I . . ' 'i I ì I t--~ --. --r , i , I Ii i I I . 1- ------- 1-- ------i , I I i i . _.1 (1 I ) -(I . £1 /11 - (;/ --- . ..I . . Com. Craft recommended not doing anything, and stated the ball was in FPL's court. He felt they did not need to make a statement to the state. Com. Grande requested ARC be asked to follow standards as they know them to be and respectfully ask them not to move forward without the County's input. Com. Lewis stated she was not in favor or against she would like to address the ARC issue today however she was not willing to make a final decision today she is still gathering information. It was moved by Com. Coward to remove any and all conservation lands off the table, and if a letter is sent that a copy of the County Attorney's memo be included; Motion died for lack of second. Com. Coward stated if the Board decided to send the letter to the state indicating the county would prefer they not have the meeting, but if they do, they have information along with the legal opinion from the County Attorney. Ms. Lilanie Chandler, area resident, questioned why FPL wanted this land if they have their own land to use for such a project. It was the consensus of the Board to send a letter to the ARC Committee requesting they not hear this item until the Board of County Commissioners has had the opportunity to provide input from the Board and the public; to include the County Attorney's legal interpretation and include any other staff information. However it also needs to be noted that the Board has not weighed in on this issue. The Chairman recommended a DVD or CD of this meeting also be included. (All letters presented will be included in the hard copy of the minutes) There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 14 A' J AGENDA REQUEST ITEM NO. 2A DA TE: February 19, 2008 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] TO: BOARD OF COUNTY CONIMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 08-061 - Proclaiming February 18, 2008, through February 22, 2008, as "FFA (FUTURE FARMERS OF AMERICA) WEEK" in St. Lucie County, Florida. BACKGROUND: Susan Snedeker, Treasurer of the St. Lucie FFA Alumni, has requested that this Board adopt a resolution proclaiming February 18, 2008, through February 22,2008, as "FFA (Future Farmers of America) WEEK" in St. Lucie County, Florida. The attached Resolution No. 08-061 has been drafted for that purpose. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 08-061 as drafted. COMMISSION ACTION: ~] APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do as nderson County Administrator County A~torney: v~ Review and Approvals Management & Budget Purchasing Originati~g Dept. Otr.er: Other: Finance: (Check for Copy only, if applicablel___ Eff. 5/96 ..... t RESOLUTION NO. 08-061 A RESOLUTION PROCLAIMING FEBRUARY 18, 2008, THROUGH FEBRUARY 22, 2008, AS "FFA (FUTURE FARMERS OF AMERICA) WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The National FFA (Future Farmers of America) Organization was founded in 1928 and is the premier youth leadership organization in the world. 2. The National FFA Organization is dedicated to making a positive difference in the lives of students by developing their potential for premier leadership, personal growth, and career success through agricultural education. 3. In 2007 there were 7,358 FFA Chapters in all 50 states, Puerto Rico and the Virgin Islands; with 500,823 FFA members aging from 12 to 21. 4. Thirty-eight percent of FFA members are female; and women hold more than fifty percent of state leadership positions. The membership includes Caucasians, Hispanics and African-Americans. Twenty-seven percent of FFA members live in rural, farm areas; thirty-nine percent live in rural non-farm areas; and thirty-four percent live in urban and suburban areas. 5. Eighty-nine percent of FFA members are in grades 9-12; six percent are in grades 7-8; and five percent are high school graduates. 6. Agriculture is the nation's largest employer, with more than 22 million people working in some phase. FFA prepares members ",,' j , for more than 300 careers in the science, business and technology of agriculture. 7. The National FFA Foundation has raised more than $132 million for the National FFA Organization since 1944/ and FFA has awarded more than $22 million in scholarships. 8. This Board believes FFA (Future Farmers of America) should be recognized for their dedication to making a positive difference in the lives of students; and for becoming the premier youth leadership organization in the world. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim February 18, 2008, through February 22, 2008 as "FFA (FUTURE FARMERS OF AMERICA) WEEK" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie to recognize this worthwhile organization for its contribution to the future farmers of America. PASSED AND DULY ADOPTED this 19th day of February, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY .... ß/nn,',¡. jJkf<5e- ¡Jr <' ¡:;CVe_ Æ7r- ~GI) <j' ðfJ('(' .Á-Iee j/~ c.1'" /¡I,I . (l/i~IIÎ f^;bruciJ'-'! /ilÁ 1:5 Ii. L- l/ ft· //<2- FFA 6kd¿rlJ (Ian CI 1Ie/J. l1eC{s~ Ie 1/)1¿, ()¿J{J).t:j 0:/I;nm, .:5ft1' 'Ii; i<Vo /Æ-Id I. Ie ¿~ The National FFA Organization was founded in 1928 and is the premier youth leadership organization in the world, J _ I /0 0(0. yÆúÞ-k5 ,---lÎ~tÞLt ' Mr. Doug Anderson St. Lucie County Administrator 2300 Virginia Avenue Fort Pierce, FL. 34982 January 3, 2008 Mr. Anderson: dale... Fort Pierce Westwood FFA would like to have the week of February 18 -22,2008 proclaimed as National FFA Week in St. Lucie County. _ The National FFA Organization is dedicated to making a positive difference in the lives of students by developing their potential for premier leadership. personal growth and career success through agricultural education, Membership Today (2007), there are 500.823 FFA members, aged 12-21 in 7,358 chapters in all 50 states, Puerto Rico and the Virgin Islands 38% of FFA members are female; women hold more than 50% of state leadership positions 77% of our membership is Caucasian; 17% is Hispanic and 4% is African- American 89% of FFA members are in grades 9-12; 6% are in grades 7-8; 5% are high school graduates 27% of FFA members live in rural, farm areas; the remainder live in rural non-farm (39%), urban and suburban areas (34%) FFA chapters are in 11 of the 20 largest cities, including New York, Chicago and Philadelphia The top five memberShip states are California, Texas, Georgia, Oklahoma and Ohio The 75th National FFA Convention was host to 51.338 members, advisors and supporters Education More than 11,000 teachers deliver an innovative, cutting-edge and integrated curriculum to students 92% offer agriscience; 71% offer advanced agriscience and biotechnology; 59% offer agricultural mechanics; 49% offer horticulture; 43% offer animal science; and, 24% offer environment-related In 2001, 59% of qualified agricultural education graduates pursued teaching as a career; over 35 agriculture programs closed due to lack of a qualified teacher and 365 agriculture teachers teach in more than one school 23% of teachers have five or fewer years of teaching experience The shortage of qualified agriculture teachers is the greatest challenge facing FFA and agricultural education ~- , C. ~370~ &(034 "~--f~~ ..Ci1J,/ JAN A i...,' Career Exploration Members participate in a hands-on work experience allowing them to apply knowledge leamed in class Collectively, FFA members eam $4 billion annually through their hands-on work experience Members participate and learn advanced career skills in 45 national proflclencv areas based on their hands-on work experience ranging from food science and technology to agricultural communications to wildlife management to production agriculture According to the student magazine readership study, 87% of our students are interested in learning about career exploration, 81 % about college preparation and 81 % about technology Through 23 national career development events, such as public speaking, environment and natural resources and meats evaluation and technology, FFA members extend and test their industry knowledge in a variety of career fields Industry Support Agriculture is the nation's largest employer, with more than 22 million people working in some phase. FFA prepares members for more than 300 careers in the science, business and technology of agriculture. National FFA Foundation has raised more than$132 million for the National FFA Organization since 1944, 1,900 sponsors provided more than $8.7 million for FFA and agriculture programs and activities in 2003 FFA scholarships have awarded more than $22 million 1,500 students of agricultural education benefited from FFA Scholarships in 2004 The FFA National Agricultural Career Show covers 260,000 square feet and attracts more than 300 exhibitors. If you have any questions, please contact Sue Snedeker, St. Lucie FFA Alumni, at 370-6634, We would appreciate this being on an evening meeting, therefore the students would not have to miss school to attend. Thank you for your attention t this matter, j;;~ , Ft. Pierce Westwood FFA 807 S. 12th St. Ft. Pierce, FL. 34950 To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: ~ APPROVED D OTHER Approved 4-1 Grande - NO .lty Attorney Originating Dept.: Finance: Agenda Request 5A 2/19/08 Item Number Date: Consent Regular Public Hearing Leg. [ ] [ ] [ ] [X] Quasi-JD [ X ] Board of County Commissioners Growth Management Petition of Lennar Homes Inc. for a 12-Month Extension of the approved Final Planned Unit Development (PUD) Site Plan known as Silver Oaks PUD located at the southeast corner of Tilton Road and Silver Oaks Drive (File No. BCC 120081382). On December 21,2007, St. Lucie County received a request from Lennar Homes Inc. for a 12 month extension of the approved Final Planned Unit Development (PUD) Site Plan for the development of 325 dwelling units on 155.76 acres of property located at the southeast comer of the intersection of Tilton Road and Silver Oaks Drive, for the project known as Silver Oaks PUD. The applicant has provided written documentation stating that delays in their development are related to delays in the Lennard Road extension project that will provide access to the Silver Oaks PUD development. The County Engineer has indicated that the Lennard Road extension project is moving forward with the project going out to bid: construction is projected to occur in the Fall 2008. The proposed site plan extension would be the second and final extension to the site plan provided for under Land Development Code Section 11.02.06(B)(3)(d). If the extension is not granted the Silver Oaks PUD project will expire on March 1, 2008. N/A On February 6, 2007, this Board, through Resolution 07-018, granted a one year extension to the Final Planned Unit Development (PUD) Site Plan approval for the project known as Silver Oaks PUD. On March 1, 2005, this Board, through Resolution 05-021, granted Final Planned Unit Development (PUD) Site Plan approval for the project known as Silver Oaks PUD. Staff recommends adoption of Draft Resolution No. 08-012, which would grant a 12- month extension to the Silver Oaks Final PUD. The new date of expiration of this project would be March 1, 2009. D DENIED uglas M. Anderson County Administrator ;Ã/ Coordination! Signatures Mgl. & Budget: Environ. Res. Depl.: ~ County Engineer: ~ ¢'ø~ Purchasing: Road & Bridge Division: County Surveyor: GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Growth Management Director Kristin Tetsworth, Planning Manager FROM: Diana Waite, Senior Planner DATE: January 31, 2008 SUBJECT: Petition of Lennar Homes, Inc., for a 12 Month Extension of the date of expiration of the approved Final Planned Unit Development known as Silver Oaks PUD (File No.: BCC 120081382). On March 1, 2005, through Resolution No. 05-021, this Board granted Final Planned Unit Development (PUD) Site Plan approval for the project to be known as Silver Oaks PUD. The first 12-Month Extension to the Silver Oaks PUD was granted on February 6, 2007, through Resolution No. 07-018. If this request for a site plan extension is not granted, the project will expire on March 1, 2008. The Silver Oaks PUD project consists of 325 dwelling units on 155.76 acres of property located at the southeast corner of the intersection of Tilton Road and Silver Oaks Drive. The applicant has provided the required written request for a site plan extension stating that delays have occurred in the development of this site due to the permitting and right of way dedication for the Lennard Road extension. The County Engineer has reported that lennar has suffered delays that are beyond their control but the Lennard Road extension project is now going out to bid, with construction in the Fall 2008, long after their site plan expires. Staff has reviewed the subject site plan extension request and determined that it meets all applicable provisions of Section 11.02.06(B)(3) of the St. Lucie County land Development Code. The County's Land Development Code provides that a Final Planned Unit Development Site Plan may be granted two twelve month extensions, from its original expiration date. This is the project's second and final extension provided for under the County's Land Development Code. Attached is a copy of a Draft Resolution No. 08-012, which, if approved, would grant a 12-month extension for the Final Planned Unit Development Site Plan known as Silver Oaks PUD. The new date of expiration date for this project would be March 1, 2009. Staff recommends adoption of the attached Draft Resolution No. 08-012. Please let this office know if you have any questions on this matter. December 21,2007 Kristin Tetsworth, Planning Manager St. Lucie County Growth Management Department 8136 Okeechobee Blvd West Palm Beach, FL 33411 Re: Silver Oaks Final Planned Development Site Plan Extension (LA#07-176AS) Dear Kristin: On March 1, 2005, the Board of County Commissioners approved the Final Development Plan for Silver Oaks Planned Unit Development (Res. 05-021). On February 6, 2007, the Board of County Commissioners approved a one-year extension to the site plan thereby extending the site plan through March 1,2008 (Res. 07-018). The Board granted the extension to address certain delays in the permitting and ROW dedication for the Lennard Road extension, the main entry to the site. The Lennard Road extension was set forth as a public-private partnership between the County and numerous land holders in the area via a taxing district (a municipal services benefit unit) to fuIly fund the design and construction. The County is serving as the lead permitting agency. Unfortunately, the delays related to the Lennard Road extension remain unresolved (although they appear poised to be resolved in the relatively near future). Therefore, on behalf of Lennar Homes, Inc., I write to request an additional 12-month extension to the site plan for Silver Oaks pursuant to Section I 1.02.06.B.3.c ofthe St. Lucie County Land Development Code. Given the benefits the planned development site plan afford the County, including large tracts of open space and preserved wetlands, and a density far less than would be permitted as a matter of right under the site's prior RM-5 zoning, we believe the Silver Oaks project should be allowed to proceed as planned. Based on the above, Lennar Homes requests that the Board grant this extension to the Silver Oaks final site plan approval. Please feel free to contact me should you have any questions or need additional information. Sincerely, Mark D. 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(f) ......o-.i5 - œ BCC 120081382 A petition of Lennar Homes, Inc. to request a 12 month extension of the approved Final Planned Unit Development Site Plan consisting of 325 Single-family and Multi- familv dwellina units on 155.76 acres --- ............ .... . I I DY.ERRD -- _ ___. __ __ ---- 3____--,~. -- '-. Q. .NMEDITERRAN¿)N--SlVQ->--.-,---, ~ ' \.~ I ~ CJ!: '1t:J ~ 0 3: i]Q.;,.. C§ i! : I ~ g: -'J ëi.... æ I: ' ! ti:: c::: :;; Li.. .... i .. '<;>- · -¡. . .¡. · -¡- . . . ~. . . . . e~"'· · · · .~I · · ~ . -'J ï:ê' 11 : :1:.,---,:; REF0RMA~N 8 1š ,------ v~D/ " - -~ '-' ~ <5 ti: UJ ~ iii ! .-- #- . . . # · · ..---.-......- I I I I I I I I I I I · I I ~ I I I I I ! I I I - I I r \ GUAVA~N ,. .\" I ---1 I ¡ c:: C!l ~ ~ o &1 UJ >' :.J iii : 500 ft. I . I" I' i ! i , : : I l JJ Q! ¡:i- 14 CD ~- ~ ':?- I i j.........~... , , I ! Ii . . . -;.., , .. .. 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RE - Residential estate (1 du/ae) RM - Residential Medium (9 du/ae) RS - Residential Suburban (2 du/ae) RU - Residential Urban (5 du/ae) 5è.L~~~~ pr_rß .ßtiZ1U(6nutfr OI..JN1'IMInI' , Èl,GREC0 ,.. --SPANISHWAY"'C-'- :! i ! i, ¡ r 1 I ' , .. __.._.__-'._u__._ ,._.~,._,~".__.- --1" '~ MAYALN ',,- ',,- Map prepared January 8, 2008 Bee 120081382 Petitioner: Lennar Homes. Inc. I I AR-1 RM-5 r- .. ~ .~ : . , . . I I I I I I I I I I I · I I 500 ft. RM-5 I I I · ~ - I I · I I r RM-5 : z ; ~---t--- - -- b <:5 . iï:: z . « w D . (/l i -'J ' .... \c.3 ! ~ . '.. \-REF0RMAlN-" ~ '% ~ ~--, C3 ? ~~ RMH-5 ~ LGO~F-DR--- -----~ \- D Subject property .- .. -. I I 500' notification area ...... AR 1 ........ .... - ...¡o.... .---- ........~...I _. .... . . I I IIH0 RD-- ~ o lI<: ð ~ w ::; Vi r-JJ----------NMEDITERRANEgN BWEl ~-D---- --- --g ~ [0" , \l:js: 3m (§ ~ ~ ~ iï:: ;, , a:: a:: w . .~. · · r . . ~ . · ~ · · · -I,· · · · e;3" · . . . I~. . .~'1 . U. ,,[/, 0-'-------:1:0 ::;; ~ is I? - 3 t::~ ~ --", RMH-5 0 ~-'" ~w S w « 0 o :Ii -'J > Cf ~ - -0 ~ ~ >- w a:: w I- --~- ::;; EL CÄMINOREAl- - ..---- -----SPANISH WAY EL GRECO MAYALN : , AR-1 - Agricultural Residential (1 du/ae) PUD - Planned Unit Development RM-5 - Residential Multi Family (5 du/ae) RMH-5 - Residential Mobile Home U - Utilities .!..J a:: ¡;. I . I .. I F0RG0r-TE~"¡'N- !z: I ~~ ~ . « . â5 I o I m I I I I . I . , . . .. .- n~. ,. ..... , I I I I . I I I I Zoning , , -'"' ~~ p r;- o -" 5- " , .1 a:. ~- ¡..;. ~- -"' 3 " ¡-- 5èÅ~&~~Ä N (jrl1"Wl'lf;tt.,.",nnnrt ~rtIIINr A Map prepared January 8, 2008 u C N 00 ..... cñ M t.t.l ~(' 0 if 0 Q) ..- Z.~ N E 00 oõ 0 i::' 0 0 '" J: N ::> ~ " ~ j '" I... ..- ...., CI:l ü ¥ c <ll Ü ~~ Co C i!! Q) !Xl ~! Co ....J Co <ll ::< ~ c ~ 8 à¡ .~ If c :5 .¡; ¡ r~ew3 I I I I ! P'l::I PJl!Öaqo~ I I I I I I I I ~ !; i u .. 11 . j¡ ~ '" ~ . 0 & ~ , '" u ~ pe~ UU!~S ~ § 8 :ê ~ --_·p~-I¡¡ûIÎ6Jiplï~~-·--'- . ~ ð MI 31 ~·~=~'--·---pil~Pi"eüsc_.-. r-·'~-'-~-Pi·LÎÖ¡IJr.:¡-~~_·_T_~~" ! 11M!:) trZ-o ¡ ð eUBO&Z-O :ll I I I I I I I I I I I I r I I I I I i I ________J ....... /~7 ./ Æluno~ saqOlj:J86)tO 1M" 11:)', G rn P --rr ew'D fY.\m . ~h 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 05-021 File Number: PUD-4)4~ and RZ.Q4.0S0 A RESOLUTION GRANTING PRELIMINARY AND FINAL PLANNED UNIT DEVELOPMENT APPROVAL AND REZONING FOR A PROJECT KNOWN AS SILVER OAKS PUD. 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. Lennar Communities presented a petition for a Preliminary and Final Planned Unit Development Plan approval and rezoning for a 325-unit residential project to be known as Sliver Oaks PUD. 2. On January 6, 2005, the S1. Lucie County Planning and Zoning Commission held a public hearing on the petition of Lennar Communities. after publishing a notice of such hearing in the Tribune and the Port St. Lucie News and notifying by mail all property owners within 500 feet of the property boundaries. 3. On March 1, 2005, this Board held a public hearing on the petition of Lennar Communities, for Preliminary and Final Planned Unit Development Plan approval and rezoning for the project known as Sliver Oaks PUD after publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 4. The Development Review Committee has reviewed the Planned Unit Development site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 5. The proposed project is consistent with the general purpose, goals, objectives and standards of the S1. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 6. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting the public health, safety and general welfare. 7. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE' 26879170811512005 at 12;<16 PM OR BOOK 2332 PAGE 2551 - 2556 Doc Type: RESO RECORDING: $62.50 File No.: PUD-04-042 and RZ-04-050 March 1, 2005 Resolution 05-021 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 8. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 9. The proposed project will be served by adequate public facilities and services. 10. The applicant has demonstrated that water supply; evacuation facilities and emergency access are satisfactory to proVide adequate fire protection. 11. A Certificate of Capacity, a copy of which is attached to this Resolution, was granted by the Growth Management Director on May 6, 2005. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of S1. Lucie County, Florida: A. Pursuant to Section 11.02.05(B) of the S1. Lucie County Land Development Code, the Preliminary and Final Planned Unit Development Plan and rezoning for the project to be known as Sliver Oaks PUD, and is hereby, approved as shown on the site plan drawings for the project prepared by Houston Cuozzo Group, first submitted on January 26, 2004, and date stamped received by the S1. Lucie County Growth Management Department on February 8, 2005, subject to the following conditions: 1. Prior to issuance of a certificate of occupancy for any lot in the project, the developer, or his assigns, shall be required to improve Tilton Road to County standards including construction of a right lane at the project entrance. The developer shall construct an equestrian trail and a vegetative buffer within the northern right-of-way. Pedestrian access shall be provided along the southern right-of-way; 2. Prior to issuance of a building permit for any lot in the project, the applicant shall dedicate the right-at-way tor the southern alignment of Lennard Road. If the northern alignment tor Lennard Road is ultimately selected, the developer shall dedicate the right- of-way required for that roadway alignment; 3. Prior to issuance of a building permit for any lot in the project, the applicant or his assigns shall provide a conservation easement in favor of SI. Lucie County for the preserve areas. The conservation easement shall be in a form acceptable to the S1. Lucie County Attorney. The easement shall provide that the Homeowner's association shall be responsible for maintaining the conservation easement area. Maintenance shall include exotic tree/plant removal; 4. Prior to issuance of a building permit for any lot in the project, the applicant or his assigns shall provide a monitoring and management plan for the preserve areas within the project, including any area of the property isolate by any portion of Lennard Road; 5. Site development shall be consistent with the recommendations of the submitted environmental report; File No.: PUD-04-042 and RZ-04-050 March 1. 2005 Resolution 05-021 Page 2 1 2 6. 3 4 5 6 7. 7 8 9 10 11 12 8. 13 14 15 16 9. 17 18 19 20 21 B. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 C. 38 39 40 41 42 43 D. 44 45 46 47 48 Prior to issuance of a building permit for any lot in the project, the developer, or his assigns, shall submit a letter from the S1. Lucie County School Board indicating that they have satisfied the requirements of the S1. Lucie County School Board; The developer shall, as part of the construction of this development, provide for the construction of a weather shelter, or other similar structure at the main project entrance for the purpose of providing for a central pick-up and drop off location for any school bus stops/demand response transit or other like transit activity that may be caused by the development of this property; . At all gate controlled access points, the developers shall provide emergency override devices approved by the S1. Lucie County Sheriff's Department and the S1. Lucie County Fire District; and The developer shall construct a 6-foot fence along the east boundary of the property adjacent to Shan a's Trail. The interior area immediately adjacent to the fence shall be planted with native vegetation. The developer shall provide and maintain a natural buffer to the maximum extent possible along the north and east boundaries of the property. The property on which this site plan approval is being granted is described below. TRACTS 1 THROUGH 16, BOTH INCLUSIVE, OF BLOCK 4, ST. LUCIE GARDENS, SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST. ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, LESS EASEMENTS ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES. CONTAINS 155.761 AC, MORE OR LESS, INCLUDING ASSUMED 15' ACCESS EASEMENTS CONTAINS 153.975AC, MORE OR LESS, EXCLUDING ASSUMED 15/ ACCESS EASEMENTS. TAX 10 #3414-501-0801-050/8 Location: Southwest corner of Tilton Road and Shana's Trail This preliminary Planned Unit Development Site Plan approval shall expire on March 1, 2007, unless an extension is granted in accordance with Section 11.02.06(8)(3), S1. Lucie County Land Development Code or Final Planned Unit Development Approval has been granted. The Preliminary and Final Planned Unit Development Site Plan/General Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Lennar Communities, 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 Corp of Engineers. the File No.: PUD-04-042 and RZ-04-050 March 1. 2005 Resolution 05-021 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Florida Department of Environmental Protection, and the South Florida Water Management District. prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. The conditions set forth in Part A are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section A is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. F. A copy of this Resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the 81. Lucie County Growth Management Department. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice-Chairman Doug Coward AYE Commissioner Chris Craft AYE Commissioner Paula Lewis AYE Commissioner Joseph E. Smith AYE PASSED AND DULY ADOPTED this 1 st day of March. 2005. "-'f_ ):>f~"~-:~'-<~ ':ir~-j~t'~i"!?'.'!::-;~- :1 BOARD OF COUNTY COMMIS§APJ'lERS '" t',}~'" ST. LUCIE COUNffi~j:tIOA ,.;.t" . ~tr1~.:~-: . .-~"Tr-;' t¡J /' .,;.~.,' ,.~,.-, '." ",,"~;.~->... ./'./,'. ,I. ..._ 'f./- . ,,,,-,.., --: ,-" 'j; "r . . ,-'. .,....:.'.:..'..."':-;: .'-. .". ,-,." , . "., - '°,'1 ,. v,' I....."" ~,J .- J1:'. .. ""', ,:.>.... .., .~~! -~:, :":'..:- '~~:':": ~,<~.(..:;~,,: . //-. ;,~:I:_< I' (,¡. !J'.J'-. /<..-' / '.t-!!f- BY---- . f-';_1~' File No.: PUD-04-042 and RZ-04-050 March 1, 2005 Resolution 05-021 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk SilverOaks.ResoIullon05021 File No.: PUD·Q4·042 and RZ-04-050 March 1. 2005 Resolution 05-021 Page 5 St Lucie County Certificate of Capacity Date 5/6/2005 Certificate No. 2071 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development RESIDENTIAL SUBDNISION Number of units 325 Number of square feet 2. Property legal description & Tax 10 no. SEE A IT ACHED RESOLUTION SILVER OAKS PUD 3. Approval: Building Resolution No. 05-021 Letter 5/6105 4. Subject to the fol/owing conditions for concurrency: Owner's name LENNAR HOMES, INC. Address 1015 N. STATE RD 7, STE. C ROYAL PALM B FL 33411 6. Certificate Expiration Date 3/112007 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent developme der(s)' sued for the same property, use and size as described herein. Signed Date: 8/5/2005 rowth Management Director St Lucie County. Florida Friday, Au&ust 05, 2005 Page 1 oU 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 RESOLUTION NO. 08-012 FILE NO.: BCC-120081382 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF THE FINAL PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL ON 155.76 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF TILTON ROAD AND SILVER OAKS DRIVE, FOR THE DEVELOPMENT OF 325 UNITS FOR THE PROJECT KNOWN AS SILVER OAKS PUD. 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 March 1,2005, through Resolution No. 05-021, the Board granted approval for the Final Planned Unit Development (PUD) Site Plan known as Silver Oaks PUD. The project consists of a 325 dwelling units on 155.76 acres located at the southeast corner of Tilton Road and Silver Oaks Drive. 2. On February 6, 2007, through Resolution 07-018, the Board granted a 12 month extension to the Final Planned Unit Development Site Plan known as Silver Oaks PUD. 3. The developer, Lennar Homes, Inc., has requested that the Final Planned Unit Development Site Plan granted through Resolution 05-021 be extended for a period of 12 additional months from its date of scheduled expiration, March 1, 2008. 4. On February 19, 2008, the St. Lucie County Board of County Commissioners held a public hearing on this petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development Code, the Final Planned Unit Development Site Plan, approved through Resolution FileNo.:BCC-120081382 February 19, 2008 Resolution No. 08- 012 Page 1 1 2 3 4 5 B. 6 7 C. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 D. 26 27 28 29 30 31 E. 32 33 34 35 36 F. 37 38 39 40 05-021, and extended to March 1, 2008 through Resolution 07-018 is hereby granted an extension for a period of 12 additional months from its date of scheduled expiration, March 1, 2008, with the new expiration date being March 1, 2009. All terms and conditions of Resolution 05-021 shall remain in full force and effect. The property on which this Final Planned Unit Development Site Plan extension is being granted is described as follows: TRACTS 1 THROUGH 16, BOTH INCLUSIVE, OF BLOCK 4, ST. LUCIE GARDENS, SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; LESS COUNTY ROAD AND DRAINAGE EASEMENTS ALONG THE NORTH AND WEST BOUNDARIES THEREOF, LESS EASEMENTS ON PLAT ALONG THE EAST AND SOUTH BOUNDARIES. CONTAINS 155.761 AC, MORE OR LESS, INCLUDING ASSUMED 15' ACCESS EASEMENTS. CONTAINS 153.975 AC, MORE OR LESS, EXCLUDING ASSUMED 15' ACCESS EASEMENTS. TAX ID # 3414-501-0801-050/8 Location: Southeast corner of the intersection of Tilton Road and Silver Oaks Drive. This Final Planned Unit Development Site Plan extension shall expire on March 1, 2009, unless a building permit is obtained in accordance with Section 11.03.00 of the St. Lucie County Land Development Code for the site plan or an extension has been granted in accordance with Section 11.02.06, St. Lucie County Land Development Code. The Certificate of Capacity granted by the Growth Management Director on March 1, 2005, shall remain valid for the period of this development order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the notation of this resolution to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. FileNo.:BCC-120081382 February 19, 2008 Resolution No. 08- 012 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 G. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote was as follows: Chairman Joseph E. Smith XXX Vice-Chairman Paula A. Lewis XXX Commissioner Doug Coward XXX Commissioner Charles Grande XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 19th Day of February, 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST APPROVED AS TO FORM AND CORRECTNESS Deputy Clerk County Attorney FileNo.:BCC-120081382 February 19. 2008 Resolution No. 08- 012 Page 3 1 2 3 4 5 6 7 8 EXHIBIT A MAPS FileNo.:BCC-120081382 February 19, 2008 Resolution No. 08- 012 Page 4 cJ £: N co 11 !:; rJÎ C'? ¡.,¡ Q) ..... z.~ ;~ E co ø:i 0 ~ 0 0 !!l J: N ~ ~ I ~ ..... .... i cu ü c: ~ c: ü ~l ~ Q) III ..J 0 li :::¡; ~ 8 I C: ~ ,¡; ! 8 I '~~~piniûi5J¡P¡éH"'--"-~ ~ tJ ~ § ~~._- Ptl peellS-V~--.'-~-~' ft1.IlI:) vz-:) . ~ ,.. , I I I I I I I I I I I I I I , I , I , ________________________J ~ / , .<uno:) 8SqOl/088)fQ BCC 120081382 Petitioner: Lennar Homes R · · 500 ft. · · · · · · 3 · ,---'-- <:--"--rF º (;) i· a: Z d' · '" I,IJ . ën ~ t .. ð j :s I ,. REFéRMALN--j ~.. 1 G-----RU ' ijl . ,.~ ~ y-"--' , i 1.. _ . . ---GOlF-DR'-----' \ \----,.-- \ \ \ D Subject property .- .. -. . . 500' notification area ..... Land Us , I -" ~ ~ CD .:J .:J ::l o . . ci:! I,IJ =: Cf) I I i · E · · I · I · , - F0RG0;r-'FE~'l:N- I . -'" q;. ~ ø ..:J ..:J ::!l o I i I ~ I z . ¡:¡ a: !i: · 1il . o . l!l . · RU · · · ~ ~--~ ).. w a: w I- ..--z·--·· o ::; r-'-(? ! I 1 I íl II .. ---SPANISHWAY- 1 . 1 ] . I ' . 1 ¡ "-"--"---T-"-"-- .. ___.______._y__m i \ i ÈL-GREG0 \, I , , '..... , ~"".........< ! MAYA'LN \ RE - Residential estate (1 du/ae) RM - Residential Medium (9 du/ae) RS - Residential Suburban (2 dulae) RU - Residential Urban (5 du/ae) ~.Â-.# ~'- --- Map prepared January 8. 2008 BCC 120081382 Petitioner: Lennar Homes, Inc. I I I AR-1 RM-5 r-- .. .# . . . · · · , · · · Œ! · · ""' · · · . · · · .~ 500 ft. R'M-5 · · · · ~ · · · · · r II RM,.5 : 3 ~ r-r--- < . . Q t;) I. ~ ffi 011 .. !(l ! ~ I .. 1\ è3 i >'. I · · 1\' i I \-REF0RMAI:Nl ~ ~ : < (;) I 0 IJl i ci: ~_ RMH-¡ W ...... "'" ::;0: /' ',-- - I iñ À ¡ I -'------GOi:F-DR~-j ----~ \ \ \---- \ D Subject property .-.. -. . . 500' notification area ..... . AR1 . . . .. . . I .... ~ . . .. .....-...... . .. - '. '1- - E II fl>---'--N-MEDITERRAN~N-Bl:VÐ->:-- g ! ¡D¡ I 11t:j~D 3 ~ º : I ¡ I i ~ ~ ~ uf u r .~.. i" .. -t . .. ei" .. .. '~"1" --- ) ~--- C] i a:: ~ Õ í:J 3'i f'....~ ~ r-Y RMH-=5 0 L:¡:,,'-.., ~w I I "'r- I I ~ W " ¡! " I I( 0 ................./! I I 'Oa:: -, ! ,I';' ~ ( ! Et-CÄMINO-REAL--if-~-Oi I i '\ --- -t-- i--sIPAN1~H-W~Y¡I-----j~--- ELGREC0 I I II! I '''''-'- \ I I I i Mf-YA LN \ AR-1 -Agricultural Residential (1 du/ae) PUD - Planned Unit Development RM-5 - Residential Multi Family (5 du/ae) RMH-5 - Residential Mobile Home U - Utilities ~ Š:---'I ~ I W I H- I -z . ~ - .... , ¡¡: en · !oi:: · ¡z · æ: · en · · ; · · · · I . , . I FGlRG0t-"FE~.l:N If · Z . ¡¡) a:: ~ . i<C--"- ~ . - ø . III . I . i ; · · I : . . .- .- ....... ~ . .... # · Z(~ming ! i. ! ..L Q.l Þ1- o -" 5- " . J. c:. ~- ~ ... ... 3 " ¡-- 5l:- L.-# .a,-7~_ N /Î'rO"õ__ A Map prepared January 8. 2008 SÍ!m UP Reauest Date Sent: 1/29/08 Attention: James Beams Sign # BCC - 120081382 SIGN TO BE INSTALLED BY SIGN TECHNICIANS ON OR BEFORE: 0219/08 Please return signed and dated original to Deanna Givens at Growth Management. Thank you. St. Lucie County Affidavit of Public Notice I, , do hereby certify that as Agent for the St. Lucie County Board of Commissioners on the following described property: The southeast corner of Tilton Road and Silver Oaks Drive I did on notice: , 2008 erect in a conspicuous place on this property the following PUBLIC NOTICE Public Hearing for Lennar Homes. Inc.. reauest for a 12 month extension of the approved Final Planned Unit Development Site Plan consistine: of 325 Sine:le-familv and Multi-family dwellinl! units on 155.76 acres. to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on 2/19/08 (a1 6 PM before the Board of County Commissioners or there soon after. PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE GROWTH MANAGEMENT DEPARTMENT. Signature Date tH. LU\;II: \;UUN I T BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA February 19, 2008 NOTICE OF PROPOSEO '2 MONTH SITE PLAN EXTENSION ThO 8t. LuaI. _, Boord 01 _nor Com_loowo pro_ 10 .dopt IhO 1oI~ by_Ion. RESOWnlIN NO._I A RElIClWTION OF THE BOAIIO OF COUNTY COM_ONEIlS OF ST. LUCIE COUNTy, FLORIDA. GRANTING A 11 _ EXTeNlIION OF THE FINAL P\..A-.J lINT Dl!Vl!LOPIIIIN1' 8ITE PLAN APPROVAL ON 111.18 ACIII!8 OF LAND LOCATED AT THE SOIITIlEAlIT CORNER OF THE INTER$EÇTION OF nL10N ROAD AND SLVER OAKS DRIVE, FOR THE OI!YELOPIIENT OF 325 UNIT8 FOR THE PRo.H!CT IOIOWIl AS SLVER OAKS - PUD. APPLIC,.,.,.,LENNAR _INC. LEGAL DElIClllPTION: A PARCEL OF LAND BEIIIG A REPt.AT Of TRACT$ 1 THROUGH 11, PLAT NO.1. BAlNT LUCE GARDENS, AS RECORDED IN PLAT BOOK 1. _IS 35 AND as. PUBI.IC RECORDS OF ST. LUCE COUNTY. FLORIDA AND LYING IN THE SOUTHEAST QUARTER Of 8l!CT1ON 13, 10__ 35 SOUTH. RA_ 40 EAST. ST. LUCE COUNTY, FLORIDA BRING MORE PART1CULAIl.Y DE8CRIIIED M fOLLOWS: BEGt"'ING AT THE SOUTHeAST COIIIlER OF SAID SI!CTIOOII3, THENCE SOUTH . IIEIIIlllES 12'411" WEST ALaNG THE SOUTH UNE Of THE SOUTHEAST ONE QUAR'l1!R (BE 'Il) Of SAID SECTION 13, A DISTANCE OF _AI FEET TO A POINT aN THE EASTERl.Y R1GKT-DF-WAY UIE Of SILVER OAKS ORIVE (A 1. FOOT WIIIl! R1GKT-oF-WAY), SAID LINE BEING PARALLR wrrH AND eo fEET EAST OF, AS IEAlIURED AT RHlHT AIlClLlS 10. THE WElT LINE OF THE SOIITHEAST ONE QUARTER (BE 'Il) OF SAID IIECTIOH 13; THENCE NORTH GO GEGRED 15'.· WEST ALONG SAID EMTIJILY lIGIIToOI'oWAV LIIIE, A DISTANCE Of -.n FEET 10 A POINf ON TIE SOUTH RIQKT.Of-WAV LINE OF TILTON ROAD (AN .. POOT WIDE RIGHr.Of-WAY), lAID LINE III!ING PIlIIAU.E1. WtI'H AND 40 FEET SOUTH OF, AS MEASURED if R1DKT ANGLES 10, THE NORTH UNE OF lIAID lIOUTHEA8T ONE ClUARnR (BE 1/4) Of 8AII HC1'IDH IS; THENCE NORTN . DEGREES 55'4T" EAST ALONCI8AID SOUTH R1GHT_V LME, A DISTANCE OF 21".15 FEET 10 A POINT ON THE IAlIT LINE OF SAID SOUTHEAST ONE QUARTER (BE 114) OF BAlD IIECTIOH IS; THENCE SOUTH GO DEGRI!ES 04'''" WEST ALONG THE EAST LINE OF lAID 80UTHEAST ONE QUARTER (IE Ill) OF SAID 8ECTION IS, A I118TANCE OF -.n FEET 10 THE POIIIT OF IlEGINNIIIQ. CONT_151.181 ACRES, MORE OR LEBS. LOCATION: n.. 80...... OQrner at Tillon ROIld .ncI SIlver Ollila Drive. PURPOSE: PeUllon of L.-nna1 HDfIteI;, Inc.. far 112 Monlh ExtensIon of till ell.. 01 oxpIrotfoft 01 IhO app_ PI... ""'nnod una __.. known.. 51_lIoko PUD (plio No.: BCC 11C1011Sll. The PUBLIC t-IEARING on this Item wilt be held In the Commission ChambBra, Roger Poitras Annex, 3rd Floor. St Lucie County AdminlsÞation Bultcllng, 2300 Virginia Avenue, Fort Pierce. Aorida on TUlaClay. Februlry ,.. 2808, beginning 8t . ptIII or as soon 1herNfter u possible. All intereste(:l persons will be given an opportunity' to be heard. Wrin&n coml"lWnIS røceived in advanoe 01 the publlo hearing will alSO be considered. Wriöen comments to tho Board of County CommltO_,. ehOuld be __ by lho Growth Menagement Department ~ Planning Division at I... 3 days priar 10 lhø lSChøduløcl hearing. The petitiOn file Is availablellor revieW.. the Growth MlU'lIIgement Deparlment oIfiOn located III: 2300 Virginia Awnue, 2nd Floor. Fort Pierce. Florida. Please can 712/462-2822 if yol.l haVe -.y qunliOne or requll'9 addillonal infrormatiDn. The St Lude Counly Board of COunty CommiNiOners hIS the power 10 review III'ld grant any epptiœtIons wtlhln thelr __ of rvsponsibRlly. The proceedings of the Board of County Commissioners are øføaIronicBlly røoorded. ÞI.....lAUT TO ~ _1n05.. Flðrlda AbIlutH.. If a p81'SOf'l decides to appeal arty decision rude by the Board of County CommlnionenJ with røapect to EmY matter c:onelderecl at a meeting or hearing, he or she wi. ~ a record of the PfOCNdingi. For such purpcl98. he Of she may nøød to ensure Ihøt 8 varbatim record of the prtIQØIIdings is made. which record includes the tMtlmony IIIlQ evkMnot upon wflÎch the Ippeel is 10 be _ Upon the request of nny party .. the pIOCOOding, i...iYlduels testifyi"ll lMing 0 hMring will be sworn in. Any par1y 10 the proceeding wm be gl1W'll8d an opportunity to crœs....mInø MY Indlvldual1esl1fy1ng during a heartng upon rø:¡uest. II it becomes neotlsary, a public J1earing may be continued from time to lime as may be neoessary to a dRle-œrt:aln. Anyone with B dlsabtllty requiring acc:ommodldlan to .uend this meeting shDuld oontacl the St. LUCie County Community SeMees Director 8f teast tortywelght (48) hours prior to the rNl8ting at 7721462-1777 Dr T.O.D. 7721462-1428. BOARD OF COUNTy COM_'ONERS IT. LUCE COUNTY. FLORIDA ISI JOSEPH E. SMITH. ctI-.u< PUBUSH ORE: _....., I.ICIOI BOARD OF . COUNTY COMMISSIONERS S~T~~èJ~j¡~' COUNTY., FLORIDA''''''''' GROWTH MANAGEMENT January 29. 2008 ««AddressBlock»» In accordance with the St. Lucie County Land Development Code, you are hereby advised that Lennar Homes Inc. has petitioned St. Lucie County for a 12 month extension of the Final Planned Unit Development Site Plan Approval on 155.76 acres of Land located at the southeast corner of the intersection of Tilton Road and Silver Oaks Drive, for the development of 325 units for the project known as Silver Oaks - PUD, for the following described property: Location: The southeast corner of Tilton Road and Silver Oaks Drive. Legal Description: A PARCEL OF LAND BEING A REPLAT OF TRACTS 1 THROUGH 16, PLAT NO.1, SAINT LUCIE GARDENS, AS RECORDED IN PLAT BOOK 1, PAGES 35 AND 36, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND LYING IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 23, THENCE SOUTH 89°52'45" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST ONE QUARTER (SE %) OF SAID SECTION 23, A DISTANCE OF 2597.44 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SILVER OAKS DRIVE (A 100 FOOT WIDE RIGHT-OF-WAY), SAID LINE BEING PARALLEL WITH AND 50 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO, THE WEST LINE OF THE SOUTHEAST ONE QUARTER (SE %) OF SAID SECTION 23; THENCE NORTH 00°13'26" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 2606.82 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF TILTON ROAD (AN 80 FOOT WIDE RIGHT-OF-WAY), SAID LINE BEING PARALLEL WITH AND 40 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SOUTHEAST ONE QUARTER (SE %) OF SAID SECTION 23; THENCE NORTH 89°56'47" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 2611.15 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHEAST ONE QUARTER (SE %) OF SAID SECTION 23; THENCE SOUTH 00°04'40" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE QUARTER (SE %) OF SAID SECTION 23, A DISTANCE OF 2603.77 FEET TO THE POINT OF BEGINNING. CONTAINING 155.761 ACRES, MORE OR LESS. The public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on February 19, 2008, County Commissioner's Chambers, St Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Commission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Commissioners are electronically recorded. If a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may JOSEPH F SMITH. District No.1. DOUG COWARD. District No, 2. PAULA A. LEWIS, Disl1ictNo 3. CHARLES GRANDE. District No, 4 . CHRIS CRMT, District No, 5 County Administrator - Douglas M. Anderson Web site; www.co.st-Iucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GIS/Technical Services: (772) 462-2822 FAX; (772) 462-1581 Economic Development (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344-TGIF FAX; (772) 462-2132 need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date-certain. " Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to: File Number: BCC-120081382 Sincerely, ST. LUCIE COUNlY BOARD OF COUNTY COMMISSIONERS Joseph E. Smith, Chairman Form No. 07-20 BCC 120081382 A petition of Lennar Homes, Inc. to request a 12 month extension of the approved Final Planned Unit Development Site Plan consisting of 325 Single-family and Multi- familv dwellina units on 155.76 acres · · · · · r i .. - .-- -----..-......._-, · , · ' - .--. -1"\VJ:Rcl"\....-._ _un' _ __.,___._ __ .- -~. ---i~,-m- ... r---~~----------:NME~ITERRANFQN-B~~-~D ----- ¡.. -., iJ i. ¡ ~ ¡D ¡ i i IL-J ~ jj ¡ WZo1. ! $ if ¡I: w. è! I ..u " -..! ~ ¡ ¡ ¡ I 1 It æ I j ~ ÇI -,~ ..~...i...i···¡····"i····e~"·····~···~. · I ~ I ~ ' I i \ :r,..-, ~ I REFORMAlcN-@ ~ .'. [/-0' ---- '-- .-- - ,------,-\....j I ' '" ' - ¡ ! ~- -.. ~ .-. J? / jj ~~, '^'-'¡ W :> \ 3: i / o:¡- '- -......¡Z ~ 1::i If) , I !:t W -- . ~ üi ~ : ~ ¡ ! j ~ ~ ~ ,'" .. -~ -, . - --~-ELCÄMINOREAt---L-¡f----~---n ~ - .,- . . . . · · . .- - . . · · · · · · · · , , ß li:: "li Q Q: W · ~ · üi · i · I I · ! ~ 500 ft. .- · · · · ! II - ~AVAlN ,--- ! , D Subject property .- . . -. . .500' notification area ...... , .........¡...., I I I r-- ....... ........ ..-- .Il-T-I'JI-B,. - ------ i -.". - .. ----~-~··r- -- ¡ i I --~PANISHW~Y--- T- , I' i:' ! I ' ....¡..- I .~ i 1"'. ¡ ....... , · -.....- - -. -"-'. · I' t 0:: ¡;. i, ~ liC :r: · · · · · · · · I .4 QJ ¡#.- .,g CD -" ::l c;>- I -" 0: ~ 91- .... ::l Cl 5r..Á~ ~~>- N~ (fnn/1'tliN~I"~h1Þ!7U Map prepared January 8, 2008 ) · · i . ¡ . I , -FORGørE!lIóI;N __ II · ~ . :0 _. 0:: ~ . ~ -: ø . f : Ii I . · · · · ; . . .- .- " Notification list: APO for Lermar Homes, Inc. BCC-120081382 Available by request (On file in Growth Management) To: Submitted By: SUBJECT: BACKGROUND: Agenda Request Item Number Date: 58 02/19/2008 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [ " ] Quasi-JD [ " Board of County Commissioners Growth Management Department ~. Presented By , ~~ ~ro h Management Director The petitioner, Community Savanna Club Joint Venture. is requesting a continuance of Agenda Item 5B to the March 4, 2008 Board of County Commissioners public hearing. The applicant needs additional time to revise the Site Plan and Landscaping Plan to be in compliance with the Land Development Code. Due to the fact that this project is a Development of Regional Impact (DR I), the advertising and noticing requirements for a minimum of 60 days have been mel. However, the required modification could not be completed in time for the February 19, 2008 public hearing. A letter from the petitioner's legal counsel is attached for your review. The requested action to be presented to the Board of County Commissioners on March 4, 2008 is to consider the petition of the Community Savanna Club Joint Venture for an Amendment of Resolution Number 82-058, approving a seventh Amendment to the Amended Development Order to the Development of Regional Impact known as the Savanna Club to re-designate the land use from residential to commercial on three lots of land situated within the Savanna Club PUD, Phase VI - VIII, for the project to be known as Savanna Club Sales Center, located on the east side of Crabapple Drive, directly north of the Golf Pro Shop and Maintenance Facility. Draft Resolution No. 08-002. In 1982, Waterwood Homes, Inc., filed with the SI. Lucie County an application for Development Approval of Development of Regional Impact, in accordance with Section 380.06, Florida Statues. The project proposed at that time was a 2,560 unit adult mobile home project with a recreational complex on a total of 783 acres. The Development Order for the project was approved on April 27, 1982, via Resolution 82-058. Since that time, the original Development Order was amended via Resolution Nos. 82-074, 82-151, 82-165,85-248,86-110,87-062,90-338,98-011,03-184 and 04-019 to reflect changes in the market and economic conditions. These changes included a reduction in the total number of units from the original 2,560 units to the current authorization of 1,937 mobile homes units. Currently 1,862 units within the Savanna Club development have been built or have had permits issued for construction, leaving 75 lots available for sale, of which three subject lots are included. A determination has been made by the State Department of Community Affairs (DCA), together with Treasure Coast Regional Planning Council (TCRPC) that this request does not warrant a substantial deviation from the previously approved Development of Regional Impact (DR I) Development Order. Therefore, pursuant to Section 380.06(19)(e)2.1 of the Florida Statutes (F.S), SI. Lucie County does not have to process the proposed change to the DRI "Map H" through the Notice of Proposed Change (NO PC) process. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Zoning: PUD (Planned Unit Development) Zoning District Future land Use: RU (Residential Urban - 5 du/acre) Total Area of Savanna Club PUD Phase VI- VIII: 148.76 acres Area of proposed Amendment: 0.44 acres Area of Proposed Real Estate Office Building: 1,936 square foot N/A N/A Staff recommends this Item be continued to the March 4, 2008 Agenda at the request of the applicant to allow the necessary time for the applicant to revise the site plan and landscaping plan in accordance with code requirements. Staff has no objection to the request. COMMISSION ACTION: ~ APPROVED D DENIED D OTHER Approved 5-0 FORM NO. 07-07 ~ttorney Ig Dept.: Finance: ~ Coordination! Signatures Mgt. & Budget: Environ. Res, Dept. ¡ ,,\i 104"-1 O\~ : M V P -- Douglas M. Anderson County Administrator Purchasing: Road and Bridge Div. C.O.S\lrv,'tO(: ,f?//"/I · Commission Review: November 20, 2007 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM TO: Board of County Commissioners :~ THROUGH: FROM: Mark Satterlee, AICP, Director Growt~JAanagement Kristin Tetsworth, Planning ManageYA Aneela Ansar, Sr. Planner ~ DATE: January 30, 2008 SUBJECT: Petition of Community Savanna Club Joint Venture for an Amendment of Resolution Number 82-058, approving a seventh Amendment to the Amended Development Order to the Development of Regional Impact known as the Savanna Club to re-designate the land use from residential to commercial on three lots of land situated within the Savanna Club PUD, Phase VI - VIII, for the project to be known as Savanna Club Sales Center. (File No.: SPMJ 320071069) Staff recommends this Item be continued to the March 4, 2008 Agenda at the request of the applicant to allow the necessary time for the applicant to revise the site plan and landscaping plan in accordance with code requirements. Staff has no objection to the request. Please let me know if you have any questions. SUBMITTED: cc: File · KLEIN & DOBBINS, P. L. ATTORNEYS AND COUNSELORS AT LAW Writer's E-Mail Ldobbins(q).kleindobbins.com 80S V irginia Avenue Suite 25 Fort Pierce, FL 34982 (772) 409-1133 Ext.202 (772) 409-1134 Fax February 1,2008 VIA HAND DELIVERY Kristin T etsworth Planning Manager S1. Lucie County Growth Management 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Community Savannah Club Joint Venture/Savannah Club Development Dear Ms. Tetsworth: Enclosed are thirty (30) copies each of the revised Site Plan and Landscaping Plan for the above-referenced project. As you requested, we have revised the Site Plan and Landscaping Plan to provide ten (10) foot landscaping buffers along the property boundaries. We hereby request that this project be continued from the February 19th Board of County Commissioners hearing until the March 4th hearing, so that the revised Site Plan and Landscaping Plan may be presented to the Board for their approval. Thank you for your assistance. ~garo:c ~ W. Lee Dobbins Enclosure WLD/lr cc: Robert Blatz (w/encl.) Nate Wilbur ~.-. \.,; h..) '-....,~". ;. -:D t...!.,} ..~) {0000814B.l } lID Agenda Request Item Number Meeting Date: ,t;G 02.19.08 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [x] Quasi-JD [x] ~71?t~ /Mark Satterlee Growth Management Director SUBJECT: Petition of F.P. Groves, LLC for preliminary site plan approval and change in zoning from the AG-1 (Agricultural- 1 dulacre) Zoning District to the PCS (Planned Country SubdMsion) Zoning District TO: SUBMITTED BY: Board of County Commissioners Growth Management Department BACKGROUND: The requested action is for a change in zoning of the subject parcels from the AG-1 (Agricultural - 1 du/acre) Zoning District to the PeS (Planned Country Subdivision - 1 dulacre) Zoning District, for the purpose of subdividing the property into 77 %- acre lots for a density of approximately 1 dwelling unit per acre. The three parcels total approximately 77.72 acres of property located in the TVC Overlay Zone on the west side of Johnston Road, approximately Y.z mile north of Indrio Road and approximately 1 mile east of Interstate 95. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On January 17, 2008, the St. Lucie County Planning & Zoning Commission unanimously voted to forward a recommendation of approval to the Board of County Commissioners for the requested action. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Resolution 08-008 with the included conditions. COMMISSION ACTION: [8] APPROVED D DENIED D OTHER . o uglas M. Anderson ounty Administrator Approved 5-0 Coordination! Signatures County Attomey jì1. E.R.D.: Cty. Engineer:~/ Mgt & Budget -;. Public Works: "'3Vf Other: Purchasing: Cty. Surveyor. 1'#./ Other: Form No. 07-07 GROWTH MANAGEMENT DEPARTMENT PLANNING DIVISION MEMORANDUM TO: FROM: DATE: SUBJECT: Mark Satterlee, Growth Management Director Kara Wood, TVC Planning Manager" January 22, 2008 February 19, 2008 BOCC agenda item - F.P. Groves, LLC Attached is the petition of F.P. Groves, LLC for preliminary site plan approval and change in zoning from the AG-1 (Agricultural - 1 duJacre) Zoning District to the PCS (Planned Country Subdivision) Zoning District to be scheduled for the February 19, 2008 Board of County Commission agenda. Following are a list of salient points regarding the application: - This application is the first planned development to follow the TVC regulations as adopted through Ordinance 07-055. - Staff has no concerns regarding environmental impacts to existing conditions on the parcel, nor on the design and construction of the site as proposed. - The applicant has requested for a Certificate of Capacity to be reserved until final site plan approval and rezoning. - Conditions of approval embedded in Resolution 08-008 outline detailed environmental and landscaping requirements to be met after preliminary approval. On January 17, 2008, the St. Lucie County Planning and Zoning Commission held a public hearing on this item. Some concern was expressed that a Traffic Impact Report and Environmental Impact Report was not submitted to them for review. Staff explained that concurrency verification was being reserved until final approval, and that staff had no concerns about environmental impacts. To address this concern however, these reports are submitted for Board review with this agenda packet, along with minor notation revisions on the plans. The Planning and Zoning Commission unanimously voted to forward a recommendation of approval to the Board of County Commissioners for the requested action. Staff is recommending that the Board of County Commissioners approve Resolution 08-008 with the included conditions. BOCC memo 02.19.08 Page 1 of 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 RESOLUTION NO.08-008 FILE NO.: PUD-RZ 620071254 A RESOLUTION GRANTING A CHANGE IN ZONING FOR 77.82 ACRES OF LAND LOCATED ON THE WEST SIDE OF JOHNSTON ROAD, APPROXIMATELY 1Iz MILE NORTH OF INDRIO ROAD AND APPROXIMATELY 1 MILE EAST OF INTERSTATE 95 FROM THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE PCS (PLANNED COUNTRY SUBDIVISION) ZONING DISTRICT AND GRANTING PRELIMINARY PLANNED COUNTRY SUBDIVISION SITE PLAN APPROVAL FOR 77 ONE-HALF ACRE LOTS FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA KNOWN AS FORT PIERCE GROVES WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence presented including, but not limited to, the staff report, has made the following determinations: 1.' F.P. Groves, LLC presented a petition for a change in zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PCS (Planned Country Subdivision) Zoning District for the project to be known as Fort Pierce Groves including a Preliminary Planned Country Subdivision Site Plan consisting of 77 single-family lots to be located on 77.82 acres of property on the west side of Johnston Road, approximately % mile north of Indrio Road and approximately 1 mile east of Interstate 95 as depicted on the maps attached as Exhibit "A" and described below. 2. The Development Review Committee has reviewed the Preliminary Planned Country Subdivision site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the St. Lucie County Comprehensive Plan and Future Land Use Map, subject to the conditions set forth in Part A of this Resolution. The proposed project is consistent with the general purpose, goals, objectives and standards of review of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of S1. Lucie County. 3. On January 17, 2008, the S1. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve a change in zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PCS (Planned Country Subdivision) Zoning District and approve the Preliminary Planned Country Subdivision Site Plan. File No.: PUD-RZ 620071254 February 19. 2008 Resolution No.: 08-008 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 4. On February 19, 2008, 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. 5. The proposed project will not have an undue adverse affect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting public health, safety, and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect on the proposed project and the immediate vicinity through building design, site design, landscaping and screening. 7. The proposed project will be constructed and designed so as to not interfere with the development and use of neighboring property, in accordance with applicable district regulations. 8. The single-family units of the proposed project will be served by individual well and septic. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Sections 11.02.05 and 3.01.03.FF.3 of the St. Lucie County Land Development Code, the Preliminary Planned Country Subdivision plan for the project to be known as Fort Pierce Groves - Planned Country Subdivision is hereby approved for the property described in Paragraph B, below, as depicted on the site plan drawings for the project prepared by Houston Cuozzo Group, Inc., dated January 31, 2006, last revised November 19, 2007, and date stamped received by the St. Lucie County Growth Management Director on November 19, 2007, subject to the following conditions: 1. No final site plan construction Development Permits shall be issued by St. Lucie County until complete sets of sealed constructible final engineering plans, supporting calculations, lot size data, and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 2. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successor or assigns, shall submit to St. Resolution No.: 08-008 Page 2 File No.: PUD-RZ 620071254 February 19, 2008 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 3. Lucie County Environmental Resources Department all correspondence with jurisdictional agencies such as FWC (Florida Fish and Wildlife Conservation Commission) and USFWS (United States Fish & Wildlife Service). Prior to the issuance of any building permits or vegetation removal permits for any portion of the FortPierce Groves site, the developers, their successor or assigns, shall submit a silt fence and barricading plan to St. Lucie County Environmental Resources Department. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a Declaration of Covenants and Restrictions to provide for use and maintenance of the common open space areas and identifying the responsible party for this maintenance and oversight. 4. 5. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department a final landscape plan for review of consistency with all applicable provisions of the Land Development Regulations. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successor or assigns, shall submit the following to St. Lucie County Growth Management Department: a. plan and elevation drawings of a garden wall and landscaping to demonstrate a visual barrier between rear property lines and the Garden Walk around the central Community Green as labeled on the approved preliminary site plan, b. detailed landscape plans that demonstrate a visual barrier between rear property lines and the northern open space and flow way area, and c. detailed landscape plans that demonstrate a visual barrier between rear and side property lines and the eastem open space and flow way area. d. detailed landscape andlor garden wall plans that demonstrate a visual barrier along side property lines that border mid-block Pedestrian Paths as labeled on the approved preliminary site plan. 6. 7. Prior to the issuance of any building permits or vegetation removal permits for any portion of the Fort Pierce Groves site, the developers, their successor or assigns, shall submit to St. Lucie County Growth Management and Environmental Resources Departments a proposed final Plat clearly delineating the open space and flow way areas. Prior to the issuance of any building permits or vegetation removal permits for any portion of the Fort Pierce Groves site, the developers, their successor or assigns, shall submit to St. Lucie County Growth Management and Environmental Resources Departments a Declaration of Covenants and Restrictions, a dedication 8. File No.: PUD-RZ 620071254 February 19, 2008 Resolution No.: 08-008 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9. 10. 11. 12. 13. 14. on the final plat, an easement or other similar document that protects the intended purpose of the flow way tract and its surrounding open space and that permits St. Lucie County to enforce the protection of those areas for their intended uses. Prior to the issuance of any building permits or vegetation removal permits for any portion of the Fort Pierce Groves site, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department Homeowners Association guidelines or Declaration of Covenants documents for approval. The guidelines, at a minimum, should specify restrictions on the use of the open space areas to preserve their intended use as well as restrictions on vegetation removal in the required littoral zones and other areas of vegetated open space. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successors or assigns and St. Lucie County shall agree on an appropriate legal mechanism by which adjacent properties may connect to the flow way. Such connection shall be at no expense to the developers of the Fort Pierce Groves Planned Country Subdivision, their successors or assigns and shall not adversely impact the Fort Pierce Groves Planned Country Subdivision, its drainage, permits, site plan requirements or the existing or future residents thereof. An appropriate mechanism may be a dedication on the final plat, an easement to the County, a recorded agreement or other similar document. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successor or assigns shall submit to St. Lucie County Growth Management a revised site plan showing the proposed location of model homes, including the parking and landscaping details, and details demonstrating that entry signage meets the standards of Chapter 9 of the Land Development Code. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successor or assigns shall submit to St. Lucie County Property Acquisitions revised street names for approval. Final site plan documents shall reflect approved street names. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successor or assigns shall submit to St. Lucie County Growth Management draft Homeowners Association documents that disdose the location of the airport to potential buyers and indicate that aircraft may be operating in the area. Prior to the issuance of any Certificates of Occupancy for a residential unit excluding models, a six-foot wide sidewalk shall be constructed along Johnston Road for that portion of the right-of-way abutting the project. File No.: PUD-RZ 620071254 February 19, 2008 Resolution No.: 08-008 Page 4 1 2 3 4 5 6 7 B 9 B. 10 11 12 13 14 15 16 17 IB 19 20 21 22 23 24 25 26 27 2B 29 30 31 32 15. The hours of operation for construction activities shall be limited to the time period from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1 :00 P.M. Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. In the event the County adopts uniform hours of operation for construction activities that apply county wide, then such hours of operation shall supersede the hours of operation set forth. A change in zoning from AG-1 (Agricultural-1) to PCS (Planned Country Subdivision) is hereby approved for the property legally described as follows: PARCEL I: THE SOUTH Yz OF THE SOUTH Yz OF THE SOUTHWEST Y. OF THE SOUTHEAST Y. OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL II: THE NORTH Yz OF THE SOUTH Yz OF THE SOUTHWEST Y. OF THE SOUTHEAST %; THE SOUTH Yz OF THE NORTH Yz OF THE SOUTHWEST Y. OF THE SOUTHEAST Y.; AND THE SOUTHEAST Y. OF THE SOUTHEAST Y., ALL IN SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL III: THE NORTH Yz OF THE NORTH Yz OF THE SOUTHWEST % OF THE SOUTHEAST Y. OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING FROM THE ABOVE THREE PARCELS, ALL RIGHT OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 77.81 ACRES MORE OR LESS. (Location: west side of Johnston Road, approximately Y2 mile north of Indrio Road and approximately 1 mile east of Interstate 95) File No.: PUD-RZ 620071254 February 19. 2008 Resolution No.: 08-008 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 C. The S1. Lucie County Growth Management Director is hereby authorized and directed to cause the change 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 Joseph E. Smith xxx XXX XXX XXX XXX Vice-Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft PASSED AND DULY ADOPTED This 19th Day of February, 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attorney kyw File Name: Resolution 08-008 Fort Pierce Groves Resolution No.: 08-008 Page 6 File No.: PUD-RZ 620071254 February 19, 2008 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA February 19, 2008 NOTICE OF PROPOSED ZONING DISTRICT CHANGE The 51. Lucie County _rd 01 County Commi-.... __ to lIdopt the following by l'MOIution: RESOlUTION NO. 08-008 A REIOLunON OF THE BOARD OF COUNTY COMMI88IONERS OF ST. LUCIE COUNTY GRANTING A CHANGE IN ZONING FOR 77.72 ACRB OF LAND LOCATED ON THE WEST SIDE OF JOHNSTON ROAD, APPROXIMATELY 112 MILE NORTH OF INDRlO ROAD AND APPROXIMATELY 1 MILE EAST OF INTERSTATE 15 FROM THE AGol (AGRICULTURAL - 1 DIIIACREl ZONING DISTRICT TO THE PCB (PlANNED COUNTRY SUBDlVl80N1 ZONING DlS1JIIC1' FOR THE PURPOSE OF SUBDIVIDING THE PROPERTY INTO 77 lJ:1..ACRE LOTI OF CERTAIN PROPERTY IN Sf. LUCIE COUNTY, FLORIDA APPLICANT: Fort PIe... G_ LLC LECIAL DESCRlPT1ON: PARCEL I: THE SOUTH tl2 OF THE SOUTH 1/2 OF THE SOUTHWEST 114 OF THe SOUTHEAST 1~ OF SECTION t. TOWNSHIP 34 SOUTH, RANGE 31 EAST, ST. LUQE COUNTY, FLORIDA. PARCEL H: THE NORTH 1/2 OF THE SOUTH 112 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, THE SOU1H 112 OF THE NORTH 1/2 OF THE SOUTHWEST 1~ OF THE SOUTHEAST 1/4; AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, ALL IN SECTlON t, TOWNlHIP 34 SOUTH, RANGE 311 EAST. IT. LUCIE COUNTY, FLORIDA. PARCEL III: THE NORTH 112 OF THE NORTH 112 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST I~ OF SECTION .. TOWNSHIP 34 SOUTH, RANGE 311 EAST, IT. LUCIE COUNTY, FLORIDA. . LESS AND EXCEPTING FROII THE ABOVE THREE PARCELS, ALL RIGHT OF WAY FOR DRAINAGE CANALI AND PUBUC ROADS. CONTANNG 77.72 ACRES IIORE OR LESS. LOCATION: _ _ 01_ -,1IlII'Old1l1llllly 112 mile n_ oIlnc1rio _ and __1I1IlIIIy 1 m11e.1I 01 1..- 15) The requ8lt8d action is for a Change in zoning, 01 the subjecl: parcels, from the AG·' (~rjcultural- 1 dulacJe) Zoning Diltrict to me PeS (Pianned Countly SuIldMlllon) Zoning DiltnCl, lor 'he purpose of lubdividing property loceled on the MIl IIde of Johnoton Reed. _mately 112 mile north of IndOO Road Ind approximately 1 mile 8MI of Interstate 9S into n 1/2 "acre lots of certaìn pro_ in SL Lucie County, FIoride, --- E,..-.u.e-- ".........cw.u... tN)·~~ A ~ The Board 01 County CommIssIoners PulMIc: H..rtna on this Ihlm will be held In the Conmislion Chembers, 3rd Floor. St. Lucie County Adnini8lrllllon Roger Poi_ Annex ~'gl,"!;:OO Vlrginie Ave,.., Fort Plerce. Florida on 'Y'a-..f-. FMI~rv t I. 2ØOII bøglnntng al' or as soon t_e.lXlIIibio. Matters atfectIng your personal and propeny. rights may be hINIrd and IICIed upon. All interested perlO/ll ere Invfted to ottend end be heord. Wiitten commenll .-... In edvence of the public hearing will eIoo be considered, _ commenll to the Boord of County Commillion... IhouId be .-... by me Growth M..--nant Deperlment - Plenni"ll Division allealt 3 lloyo prior to the _"8d hearing. The pelllion lIIe Is evellel>le lor _ at the Growth Manegement OØpertmenl 10CIlIed at 1he St. Lucie County Adminillration Building, 2nd Floor. 2300 IIIrginle Avenue, Fori Pierce, Florida. P188l11 call 7721462-2822 or T.O.D. 772J482~1428 if you have any quøliclnl or require addiIionallntormation. The SI. Lucie County Board of County Commissioners has the power to review and grant any applications withln their aree of responsibility. The PfOCHCIngs of the Boan:I of County Commi88ÎOners are electronically recorded. Pu.......nt tø s.ctiðll 211&.0'0& PloridII ~ tr a person decidee to appeal any decision made by the Bowd of COunty CommIssioners with respecllO any matter considered at 8 meeting or hearing, he or she will need 8 record 0' the proceedings. For IUCh pllpOS8, he or she may need to ensure that a verballm record of the proceedings ¡I made. which ¡ndudes the testimony and evidence upon wIlich the appeIIl is 10 be based. Upon the request of any parly to tne proceeding, indiYiduals 'salifying during 8 hearing will be swom in. Any party to the proceeding will be granted an opportulity 10 CtO~-examine any individual testifying during . hearing upon request. Ir It becomes necessary, a PUblIC helring may be continued to a d81e-certain. Ar1)'On8 wilh . disability requiring accommOdation to attend lhis meeting should contacl the St. luCIe COunty Community Services Director at least forly-eight (48) nours prior to the meeling at 7721482-1m crT.D.D. 7721462-1428. BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNTY. FLORIDA ISI JOSEPH E. SMITH. CHAIRMAN PUBLISH DATE: FEBRUARY 7,2001I BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEMENT Februmy 5, 2008 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 Fort Pierce Groves PUD-RZ 620071254 In secoIdance with the St. Lucie County Land Development Code, you are hereby advised that F.P. Groves, LLC presented a petition for a change in zoning from the AG-l (AgriculturaI-1 dulse) Zoning District to the PCS (planned Country Subdivision) Zoning District for the project to be known as Fort Pierce Groves including a Preliminmy Planned Country Subdivision Site Plan consisting of?? single-family lots for the following described property: Location: West side of Johnston Road, approximately 1/2 mile north oflndrio Road and approximately 1 mile east of Interstate 95) Legal DeKription: LEGAL DESCRIPTION: PARCEL I: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 114 OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL II: THE NORTH 1/2 OF THE SOUTH 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114; THE SOUTH 112 OF THE NORTH 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114; AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 114, ALL IN SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL III: THE NORTH 1/2 OF THE NORTH 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST. ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING FROM THE ABOVE THREE PARCELS, ALL RIGHT OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 77.72 ACRES MORE OR LESS. The public heøring on the petitiDn will be held øt 6:00 P.M., or tIS soon thereøfter tIS possible, on Februll1'\l 19. 2008. County Commissioner's CIuJmbers, St Lucie County Administratlon BuUdlng Annex, 2300 Virginia Avenue, Fort Plerœ, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written connnents to the Board of County Commissioners at least 3 clays prior to a scheduled hearing. County policy strongly encourages your input and comment at the public hearing of this matter before the Planning and Zoning Commission and County Conunission, rather than by contact outside of the scheduled public hearing(s). We encourage you to speak at these public hearings, or provide written comments for the record. The proceedings of the Board of County Conunissioners are electronically recorded. If a person decides to appea1 any decision made by the Board of County Conunissioners with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifYing during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifYing during a hearing upon request. If it becomes necessary. a public hearing may be continued to a c1ate-certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462-1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-2822 if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Joe Smith, Chairman Form No. 07-19 JOSEPH E. SMITH, Dislrict No, I . DOUG COWARD. Dislrict No, 2. PAULA t\. LEWIS, llistrict No, 3 . CHARLES GRANDE. l}islricl No, 4 . CHRIS CRAFT. DistriclNo. S County Administrator - Douglas M, Anderson Website: www.co.st-Iucie.n.us 2300 Virginia Avenue - Fort Pierce. FL. 34982-5652 Administration: (772) 462-1590 Planning: (772) 462-2822 GISrrechnical Services: (772) 462-2822 FAX: (772) 462-1581 Economic Development: (772) 482-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1(800) 344- TGIF FAX: (772) 462-2132 Houston Cuozzo Group, Inc. 2400 SE Federal Highway Suite 310 Stuart, FL 34994 Phone: 772-221-2 I 28 Fax: 772-22 1-0788 . Land P1enning & Landscape Architecture Delivery Transmittal r II) ¡ -' To: Kara Wood From: Dawn Gilmorã ~lt..~\:,(·/· St. Lucie County ..-~ Co: Growth Management Date: 1-25-08 Phone: 772-462-1589 Proj. #: 7048 Re: Fort Pierce Groves CC: File Michael Cease (via US Mail) Noreen Dreyer (via US Mail) o Via Fed Ex o Via US Mail X Via Hand Delivery o Via Package Pick Up Comments: Per your request, enclosed please find the following: Twenty-four (24) copies of Environmental Impact Report (dated June 2007) Twenty-four (24) copies of Traffic Impact Report (dated June 2007) Twenty-four (24) 11x17 - Preliminary PCS SIP (revised per P&Z request*) Sheets 1 & 2 only Twenty-four (24) 11x17 - Preliminary PCS CLSP (revised per P&Z request*) Sheet 1 only * The changes requested by P&Z were to add legends to the site plan & landscape plan that demonstrate what the hatching is for, the spelling out of top of bank, and a note that explains the "barbell" is a culvert. .,....' ... ;... ~ \t ~ f'.I. r;~- . . ,-,r- fo., .~. t;r; 'F'."". "" -." ,!.,...;" \' ..... 'j L¡~:"!~: ,,: . i ~ 'oJ j" Environmental Impact Report . '-oU'~,' '\, ;- ; : I; Fort Pierce Groves St. Lucie County, Florida Prepared for: Fort Pierce Groves, LLC 235 A1cazoir Avenue Coral Gables, Florida 33134 041130000 June 2007 ©Kimley-Hom and Associates. Inc_ CA Number 00000696 1052] SW Village Center Drive Suite 103 Port St. Lucie. Florida 34987 772/345-3800 TEL 772/286-0138 FAX ~__n Kimley-Horn ~ U and Associates, Inc. ~=~ Kimley-Horn and Associates, Inc. TABLE OF CONTENTS SECTION PAGE 1.0 INTRODUCTION ................................................................................................ ,...... '" ...1 1.1 Project Location .........................................................................................,.. ,...........,1 1.2 Purpose,..........",............,..........................................................,.,.,.....,........,., ,...., "... ,1 2.0 METHODOLOGY .................................................... .......... ....... ........ ......... ...... ........ 1 2.1 Vegetation (FLUCFCS) ................................................................................ .............1 2.2 Topography...... ....... ........................ ...........,........ ....... ................. .......,., .......".......,....2 2.3 Wetlands Detennination........ ..... ........... ......... ............ ........... .........................,..... ......2 2.4 Threatened and Endangered Wildlife Species Survey ...............................................2 2.5 Preliminary Agency Coordination...................................................................,..........2 3.0 VEGETATION AND SUBSTRATE SURVEy................................................................ 3 3.1 Vegetative Communities ............................................................................................3 3.2 Soils................................................................................................................,........... 3 4.0 JURISDICTIONAL CONTROL........ ............... ................. ............ .... .............. .... ....... 3 5.0 BUll.,DING ßLEV ATION ......................................................................................... 3 5.1 Floodplain.................................................................................................................. 3 6.0 STORM OVERW ASH! DUNE BREACHING ............................................................ 4 7.0 llYIACT ASSESSMENT ............................................................................................ 4 7 .1 Vegetation. .................. ... ...... ....... ..... .......... ............ ........... .......... .......... .... ....... .... ... ...4 7.2 Wildlife......................................................................................................................4 7.3 On-site........................................................................................................................4 7 .4 Off-site.......................................................................................................................4 7.5 Impact minimization ..................................................................................................4 7.6 Impact mitigation.. .................... ...... ............ ......... ...................... ............... ............. ....4 8.0 FEDERAL AND STATE PROTECTED SPECIES SURVEy..................................... 4 9.0 SURFACE WATER MANAGEMENT PLAN........................................................... 5 10.0 SEA TURTLE PROTECTION PLAN ........................................................................ 5 11.0 SHORELINE STABILIZATION PLAN ..................................................................... 5 12.0 GOPHER TORTOISE PROTECTION PLAN ............................................................. 5 13.0 SUMMARy................................ ..... ........... .... .......................................................... 5 FIGURES Figure I Figure 2 Figure 3 Figure 4 Figure 5 Location Map Quadrangle Map Land Use Map (FLUCFCS) Soils Map FEMA FIRM Map APPENDICES Appendix A Site Photography Pagei ~=~ Kimley·Horn and Associates, Inc. ST. LUCIE COUNTY ENVIRONMENTAL IMPACT REPORT Fort Pierce Groves Section 9, Township 34 South, Range 39 East 1.0 INTRODUCTION 1.1 Project Location The proposed ± 78 acre project site is located approximately Y2-mile north of Indrio Road and west of Johnston Road. This site is approximately one mile east of Interstate 95 (1-95) and is located in Section 9, Township 34 South, Range 39 East, unincorporated St. Lucie County, Florida. A location map is attached as Figure 1. 1.2 Purpose This report documents and characterizes the natural resources found on-site and identifies potential impacts that may result from the proposed development. This report also provides a description of the approach used to conduct the natural resource survey and to evaluate the impacts. 2.0 METHODOLOGY Kimley-Hom and Associates, Inc. (KHA) conducted site VISIts, preliminary" regulatory agency coordination, and reviewed readily available documentation to prepare this report in accordance with the St. Lucie County Land Development Code. A description of the methodology used to complete these tasks is provided below. 2.1 Vegetation (FLUCFCS) KHA assessed the site on August 5, 2005, May 29, 2006 and June 20, 2007 to determine existing vegetative communities. In addition, the presence of exotic and nuisance vegetation, and other site disturbances was noted in order to evaluate the current values and functions of the native upland and wetland habitat that may occur within the site. The Florida Department of Transportation's (FDOT) Florida Land Use, Cover and Fonns Classification System (FLUCFCS) (1999) was used to classify the existing vegetative communities and land use cover within the site. Each vegetative community occurring within the site was delineated on 1": 200' scale aerial photography using aerial photo interpretation and ground trothing techniques. Page 1 ~=~ Kimley-Horn and Associates, Inc. 2.2 Topography Site topography and average elevation was identified using a United States Geological Survey (USGS) Oslo, Florida 7.5 minute series topographic map. The average elevation of the site is approximately 18 to 20 feet. A copy of the USGS Quadrangle Map is attached as Figure 2. 2,3 Wetlands Determination KHA assessed the potential for wetlands and surface waters to occur on-site using the statewide methodologies as described in Chapter 62-340, Florida Administrative Code (FA C), as well as the 1987 Corps of Engineers Wetlands Delineation Manual. These methods take into account prevalence of wetland vegetation, hydric soil indicators, and wetland hydrology. 2.4 Threatened and Endangered Wildlife Species Survey Prior to site reconnaissance, KHA reviewed recent aerial photography and readily available documentation from the Florida Fish and Wildlife Conservation Commission (FWC), U.S. Fish and Wildlife Service (USFWS) and the Florida Natural Areas Inventory (FNAI) pertaining to federal and state listed species. The habitat requirements of listed species of Florida were assessed. In addition, Kinùey-Hom contacted the FNAI to obtain information from their databases regarding known occurrences of listed species in the vicinity of the site. This information was also used in the evaluation for the potential presence of listed species and/or their habitat. Finally, random pedestrian transects were utilized during site reconnaissance to detennine if listed species or their habitat are present on the subject site. 2.5 Preliminary Agency Coordination KHA reviewed site conditions and available documentation, relative to the potential for protected species utilization. KHA coordinated with the FNAI in August 2005 to obtain information from their databases regarding known occurrences of protected species within project vicinity. KHA also coordinated with the State Historic Preservation Office (SHPO) and requested a search of the Florida Master Site File in November 2005 to obtain information about any cultural resources on or adjacent to the subject property. Page 2 ~=~ Kimley-Horn and Associates, Inc. 3.0 VEGETATION AND SUBSTRATE SURVEY 3.1 Vegetative Communities FLUCFCS 224 - Abandoned Groves (± 78 AC) The site consists of an abandoned grove. Irrigation canals that are associated with the grove are located on-site. The vegetated area between the rows is dominated by various species of grasses and other ruderal vegetation. The extent of vegetative community on the site is shown on the attached FLUCFCS map (Figure 3). Cattle were observed in the grove. 3.2 Soils The 1980 U.S. Department of Agriculture (USDA) / Soil Conservation Service Soil (SCS) Soil Survey of St. Lucie County Area, Florida maps the following soil types on the subject site: Hilolo loamy sand and Winder sand, depressional. A soils map of the site is attached as Figure 4. Descriptions of the soil types excerpted from the Soil Survey are included below: (16) Hilolo loamy sand - Slopes are smooth to convex and are less than 1 percent in most places, but they range from 0 to 2 percent. In most years, the water table is at a depth of less than 10 inches for 2 to 4 months during wet seasons and within a depth of 40 inches during dry seasons. (54) Winder sand, depressional - Most slopes are concave to smooth, however a few slopes on slight ridges are convex. They range from 0 to 2 percent. This soil is ponded for 6 to 9 months or more annually. The scattered low ridges are covered with water from a few days to about 3 months. The water table is at a depth of 40 inches for most of the rest of the year. 4.0 JURISDICTIONAL CONTROL KHA has begun coordination with the FWC, USFWS and the SHPO to obtain information regarding listed species and cultural resources, respectively. 5.0 BUILDING ELEVATION 5.1 Floodplain A copy of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) is attached as Figure 5. The site is located outside of the 100- year flood plain. Page 3 ~=~ Kimley-Horn and Associates, Inc. 6.0 STORM OVERW ASH! DUNE BREACHING Not applícable. 7.0 IMACT ASSESSMENT 7.1 Vegetation Native vegetation was not observed on-site; therefore, impacts are not anticipated. 7.2 Wildlife Initial field reconnaissance did not reveal any occurrences of state and/or federally protected species within the project boundaries. Cattle were observed in the grove. Wildlífe impacts are not anticipated. 7.3 On-site There are no proposed impacts to native upland habitat, since the site consists of abandoned citrus. The irrigation ditches within the grove will be filled as a result of the project. 7.4 Off-site No off-site impacts are proposed. 7.5 Impact minirrùzation Impacts have been rrùnirrùzed to the extent practicable. 7.6 Impact mitigation The proposed on-site lakes and littoral shelves will rrùtigate for any potential foraging habitat (grove ditches) that will be filled as a result of this project. 8.0 FEDERAL AND ST ATE PROTECTED SPECIES SURVEY The site is an abandoned citrus grove. No listed species were observed while performing random pedestrian transects during the site reconnaissance. A search of FNAI's maps and databases did not indicate occurrences of rare or endangered species on the subject site. The nearest documented occurrence of a listed species is approximately one rrùle southeast of the site. The nearest wood stork (Mycteria americana) colony (Indian River colony 616007) is 18.5 rrùles northeast of the site. Page 4 ~=~ Kìmley-Horn and Associates, Inc. 9.0 SURFACE WATER MANAGEMENT PLAN The project is located within the Ft Pierce Farm Water Management District (FPFWCD). F1. Pierce Farms Water Control District limits the discharge of storm water to 2.6 inches per day. However, FPFWCD does not have specific stOlID water treatment criteria. The proposed project incorporated South Florida Water Management District (SFWMD) criteria for storm water treatment while limiting the discharge to FPFWCD criteria. Therefore, the proposed project should result in a net improvement in water quality of storm water runoff leaving the property. The proposed storm water management system does not propose any additional impacts to receiving waters. 10.0 SEA TURTLE PROTECTION PLAN Not applicable. 11.0 SHORELINE STABILIZATION PLAN Not applicable 12.0 GOPHER TORTOISE PROTECTION PLAN Initial field reconnaissance did not reveal the presence of gopher tortoises. Additional gopher tortoises burrow surveys are not necessary. 13.0 SUMMARY · The proposed ± 78 acre project site is located approximately Y2-mile north of Indrio Road and west of Johnston Road. This site is approximately one mile east of Interstate 95 (1-95) and is located in Section 9, Township 34 South, Range 39 East, unincorporated S1. Lucie County, Florida. · The project site consists of an abandoned grove and the associated irrigation ditches. The irrigation ditches within the site will be filled as a result of the project. No wetlands were observed on-site. · Threatened and/or endangered species or their habitat was not observed during the random pedestrian transect performed during field reconnaissance. S:\0411041130000_LaureIGrdns\ENV\Fr, PIERCE GROVESIFort Pierce Groves EIR 06 20 07,doc Page 5 ~=~ Kimley-Horn and Associates, Inc, FIGURES · · · · i d c .l! ¡ .!! li ¡J :1 .c . I E . ~I '" N JI - i ... . g ¡ ; I ~ t ã ¡ ,- ) B i f I :¡ . ~ ~ - d I . 0. . ~ t tJ ~ I ~t ~1 ~ or ~ ì' 1I ~ t § I ~ J) ~ ;. .n " · f i i I i · f i · · · l ~ I i I 1; ~ t · I :d~CO" ! Ii ï I PROJECT LOCATIO lrum Wlldllf. gement Are. w w "' .''''<.'if w '" o ~ , [I: ',' 'u.;~ 'T -t .,'---' ) '. -,'/,' ~..,. ;~~~ ); -;' ·',1 .¡. LOCATION MAP FORT PIERCE GROVES SEC 9, TWP 34 S, RNG 39 E S1. LUCIE COUNTY, FLORIDA 5CALE N,T,S. DAlE FIGURE DE5lQltD BY SEH ~AY 2006 ...'" BY SEH 1 ~O..ECT NO. otEClCED BY GJH 041130000 ~ ,.. lI""l_n Kimley-Hom ~ ~_U andAßsodates,lnc. g @ :lOOllI KlMlEY-HORN AND ASSOQATES. 1NC. go 1Ð52t s.w. w..L.ACE ŒJrrnR OIl. SUllE 1D3. PaIr ST. I.lJOE, FL 34N7 "ji 1Ð.;(n2) ~900 FAX:(m) zee-01JS e WWWJQMlEY-tiOttN.CQ.l CA oooooe.. c II II II " II ,-!þ ~;;i..~,ii..;;!J!!!!!·· ---~_...-~. - ., II II II II It If " "' .. i ¡ i · ~ ! i I · · · I . 1-· : I Ii . ~ J Ii ~! E ¡ - ,e- · I N . :'d -.¡ I - g II N . :: í ~! : ! " - o . ð ¡ ,J, I o . :¡ . . ~ I , . i!> . ~ f ;;!-" >- J ~ l ~J c ¡ ~ l ;?- . H.. l' ¡ ~ t § i g I ~I ~i ,¡; -. . ;0;:::' _ . ~ I II " tt II II \I II Ii II it E·--·..;;,.··.:::·.......,·- 'I !I íl II it l' d ¡ ¡:::c-==:..~ t: === '~~---) / " 'I It iI L:=tI!ft'l!'!,~_~e_'=. =-:==:::==-=~====,~ '-' - -''---' ..-... . , , ¡ ) . ¡ x IS =:ZO:Z;S&l!lll;=...... II II " · · · If II · -----~-----,------~ - ---~------------r-- - . R ~.a~ee~~~S#~==2·t·ea II II U ~===~=.~~~..D.=:~ /J If If t, a=.=~~.:===~~;a~~1 II II I' II II :r=;: ::t:;;. =~ '2 .....~..-tt II II " II ~ ~ ( ~ SOURCE. TERRASERVER IMAGE COURTESY or THE USGS . .. USGS QUADRANGLE MAP FORT PIERCE GROVES SEC 9, TWP 34 S, RNG 39 E ST. LUCIE COUNTY, FLORIDA DATE FIGURE MAY 2006 SCAlE N.l.S. DESIGNED BT SEH CRAW BY SEH CHECKED BY GJH JIl""1_n Kinley-Ham ~ a.J_U and Associates, Inc. g @ 200Ø KlMlE'(-HORN NÐ ASSOClA'TES. IWe. :? 1œ21 s... VlU.AOC CENTER DR., SUIT[ IOJ,. PORT ST. wœ, FL J4g1l7 'j TEL:(n2) 34!-JlIOO rAX:;(712) ZH-01J1 e WWWJOMLEY-HORtU:Ot.l CA 0??oo195 c PRO.DIT NO. 2 041130000 ~ 500 1,OClO I LEGEND 224 Abandoned Groves Total: 78t AC 78± AC Kimley-Hom ¡ and AssocIates, Inc. @) lODO K111..EY-HORN NofJ ASSOCIATES. INC. 1 10521 SW \tlql Ctr Dr. SW 103, Pari Bt. Lud., Fl 34te7 . 'TEl.:(n2} .J4ð-38DO FAX:(772) 288-0138 ~ WWW.IClIII..E't-HœN.CDN CA ODDOOBQI LAND USE MAP (FLUCFCS) FORT PIERCE GROVES Section 9, Township 34 S, Range 39 E St. Lucie County, Florida SCAlE AS 5HO~ DAlE FIGURE: OESIGNm BY SÐ-l ..lJNE 2007 0RA1N BY SEH 3 ........lIT NO. t1£CKEII BY JCS 0411 30000 ~ ~ o z SOURCE: SHEET 4. SOIL SURVEY OF ST. LUCIE COUNTY COUNTY AREA, FLORIDA 1980 USDA SOIL CONSERVATION SERVICE. ~_nl<inøy-Hom IiIlII...J_U and Associates, Inc. SOILS MAP FORT PIERCE GROVES SEC 9, TWP 34 S, RNG 39 E ST. LUCIE COUNTY, FLORIDA S<ÞU N,T.S. ~ATE FH3URE DE5lDNED BY SEH MAY 2006 ORA" BY SEH 4 PfIIO..ECT NO. a-lECIŒD BY GJH 041130000 ~ I , I i . f I 1 ~ I , I RM22 I [__~~~~~~~~~=~=~=~=] ! ¡ [~-~~~~~~~~~~~~~~~-] !!¡ ¡i ~ [______u____________] 1I z II 0 II ~ ~ i 11 ~ RM-fJ===__________Jt____ ~! - ----------'r---·- - z II II H II II ! t II !! . : I II /I . II :==:::=::: e:=:::== === ==1 ~ r /I /I '" I /I PROJECT II § 0 II '" .:: B UNDARY II ..f _____......__________. " 11 ---:;¡r-:::;:::;;::::: [~ =;=·_=======;=11 ~ 1 II ==============::~I ~ t II . II ~, II II I ! l' RMH @ II 11 , --.: - - =- -;:-...; .. § I SOURCE: Federal Emergency Management Agency Flood lnsunmce Rate Map, st. Lucie County, F10rlda Ponel~ 12111COO70f", 8/19/1991 i 110 0:: :-;-~..__.... ;! úI II " II " II II Ir-========= II II II ~==-== = = ==== o <l: o a: ~ ========::;::==== ======-====== " ~- '\,..-1/ ..J <l: a: w I- ~ ..J 11 ....J / .....- 1""'- \. ) '-oJ' r'l I J \../ " I ~=~ :Cœs.I~ c: @) 2001 QlI£Y-HOflH All) AS!IOCIIA'ftS. lHe. r 1œ2t 5." 'tI1IŒ ŒNltR'ca., SJ1E 1M. PORT Sf. war. R.l4MJ 'i TtL;(77Z) 14&-:JIOO rAXI (712) :ms-0l31 1i WWWJCM£T-HORN.ClJN ÇA lXXJOOlnI, FEMA FIRM MAP FORT PIERCE GROVES SEC 9, TWP 34 S, RNG 39 E ST. LUCIE COUNTY, FLORIDA SCÞU N.T.S. DAlE DESIGNED OT SEH MAY 2006 DRAWN BY SEH ~ NO. DlEaŒll BY GJH 0411,30000 AGURE 5 ~=~ Kimley·Horn and Associates, Inc, APPENDIX A ·1 ~=~ Project: Fort Pierce Groves Prepared by: JCS Client: Fort Pierce Groves, LLC Job Number: 041130000 Kimley-Horn and Associates, Inc. Page 1 of3 ~h Photo 1: Typical view of the abandoned citrus on-site Photo 2: View of the Australian pines located along the southernmost irrigation ditch .[ ~=~~ Project: Fort Pierce Groves Prepared by: JCS Client: Fort Pierce Groves, LLC Job Number: 041130000 Kimley-Horn and Associates, Inc. Page 2 of3 Photo 3: View of the northern property boundary looking east Photo 4: View of on-site cattle ~=~ Kimley-Horn and Associates, Inc. Project: Fort Pierce Groves Prepared by: Client: Fort Pierce Groves, LLC Job Number: Page 3 on Photo 5: View of catch pen and Australian pines along the eastern property boundary JCS 041130000 , , ~.- .-,...-,. "'~.... ~" ~.,..,.. ~RAFFIC IMPACT ANALYSIS ,.C" , "r- ). r- Ï Y :JJ .....,.¡ FORT PIERCE GROVES ST. LUCIE COUNTY, FLORIDA Prepared for: Fort Pierce Groves 041130000 June 2007 © Kimley-Horn and Associales, Inc. CA 00000696 10521 S. W. Village Center Drive. Suite 103 Port St. Lucie, FL 34987 TEL 772-345-3800 FAX 772-286-0138 ~-n Kimley-Horn ~- U and Associates, Inc. r t ~=~ Kimley-Horn and Associates, Inc, TRAFFIC IMPACT ANALYSIS FORT PIERCE GROVES ST. LUCIE COUNTY, FLORIDA Prepared for: Fort Pierce Groves 041130000 June 2007 © Kimley-Horn and Associates, Inc. CA 00000696 10521 SW. Village Center Drive, Suite 103 Port 51. Lucie, rL 34987 TEL 772-345-3800 FAX 771-286-0138 , ~=~ Kimley-Horn and Associates, Inc. TABLE OF CONTENTS SECTION PAGE INTRODUCTION ..................................................................................................1 TRAFFIC GENERATION .....................................................................................3 DISTRIBUTION AND ASSIGNMENT ................................................................5 C011N.lITTED Th1PROVEMENTS... ......... ........... .................................................6 BACKGROUND TRAFFIC...................................................................................8 CAPACITY ANALYSIS .....................................................................................13 SITE ACCESS ...... ................. ........ ......... .......... .... .... ..................... ........... ...........15 PORPORTIONATE SHARE ...............................................................................17 CONCLUSION ........ ..... ........................................ ...... .........................................18 APPENDIX ................................................................................. following page 18 LIST OF FIGURES Fiøure # Title PaQe 1 Site Location Map ........................................................................2 2 Traffic Assignment .............................. ......................................... 7 3 Approved Project Locations .......................................................12 4 Project Driveway Volumes... ....................................................16 LIST OF TABLES Table # Title PaQe 1 Trip Generation ............................................................................4 2 Daily Traffic ...............................................................................10 3 PM Peak Hour Traffic and Significance .....................................11 Pagei f ~=~ Kimley-Horn . and Associates, Inc. EXECUTIVE SUMMARY Kimley-Hom and Associates, Inc. has been retained to provide a traffic impact analysis for the proposed Fort Pierce Groves development. The proposed Fort Pierce Groves development is located on the west side of Johnston Road north of Indrio Road in St. Lucie County, Florida, as shown in Figure 1. A total of 78 single family dwellings units are proposed within Fort Pierce Groves. Buildout of the proj ect is expected to occur by 2012. It is estimated that the proposed Fort Pierce Groves development has a potential to generate 827 daily trips and 86 (54 inbound, 32 outbound) p.m. peak hour trips. The resultant growth rate used in this analysis varied by link from seven (7) percent to 11 percent compounded annually. The study included the following committed or anticipated projects: · Ancient Oaks Park · Airport West Industrial Park · Porto fino Shores · King Leal Industrial Site · Emerson Estates · Coconut Cove PUD · Indrio Crossings Phase II · Rocking Horse Ranch · Laurel Gardens · West Indrio Groves The following intersection improvements are needed to provide acceptable operations on the surrounding roadway network: · Indrio Road & Johnston Road - signalization and turn-lane modifications, which include an eastbound left-turn, a westbound left-turn lane, and a southbound right-turn lane. · Indrio Road & Emerson Avenue - signalization is needed. · Indrio Road & Kings Highway -Improvements per the approved plan With the full implementation of the improvements identified above and based on the level of approved projects at the time of submittal, all intersections and significantly impacted roadways within the proj ect limits are expected to operate at an acceptable level of service through 2012. A proportionate fair-share analysis was conducted showing the project's impacts for offsite improvements are about $80,000. Therefore, it is expected with implementation of the proposed improvements or payment of the proportionate fair-share costs that the project meets the requirements for concurrency in St. Lucie County. Page ü ~=~ Kimley-Horn and Associates, Inc. INTRODUCTION Kimley-Horn and Associates, Inc. has been retained to provide a traffic impact analysis for the proposed Fort Pierce Groves development. The proposed development is located on the west side of Johnston Road north of Indrio Road in St. Lucie County, Florida, as shown in Figure 1. A total of78 single family dwellings units are proposed within Fort Pierce Groves. Buildout of the project is expected to occur by 2012. The analysis was conducted using information obtained from St. Lucie County, the . St. Lucie County Metropolitan Planning Organization, traffic counts, and field visits to the site location. The resultant growth rate used in this analysis varied by link from seven (7) percent to 11 percent compounded annually. The study included the following committed or anticipated projects: · Ancient Oaks Park · Porto fino Shores · Emerson Estates · Indrio Crossings Phase II · Laurel Gardens · Airport West Industrial Park · King Leal Industrial Site · Coconut Cove PUD · Rocking Horse Ranch · West Indrio Groves Page 1 tiC ¡\ ttø,'" Qceø,'" ···er F,'\;v d,,¡,ø,'" I'" °15 41;Z g .. '" õ 3 ¡¡¡ (I) ... ,.. 0.\MH s:lNI~ °3llV N0Sl!3n3 om¡ SllIVSSnM I , I I ·1 0, ° ü'8 Il:I w¡w >- ¡rIg Z¡...J «, ° -f- ~I~ I I I í~1 , ..... : , -~ L~ Ò 0: a æ Q ;¡; - en a.. w « > ~ o a: z c:J Q W W I- a: 0 « :J a: 0 c:J W 0 ¡¡: ¡¡: ..J I- W a: !:: o en LL :;.;¡jI N W ø « a.. d oS ~ E_~ 0<'> =f.f2 (1)< g §~ 0 "" '" a ~! II ~o - W ..J ~ en o l- I- o Z ~=~ Kimley-Horn and Associates, Inc, TRAFFIC GENERA TION The trip generation potential for the project was calculated using rates and equations contained in the Institute of Transportation Engineers' Report Trip Generation, 7th Edition. It is estimated that the proposed Fort Pierce Groves development has a potential to generate 827 daily trips and 86 (54 inbound, 32 outbound) p.m. peak hour trips. Trip generation calculations for the proposed project are summarized in Table 1. Page 3 ~=~ Kimley-Horn and Associates, Inc. TABLE I FORT PIERCE GROVES TRIP GENERATION Land Use Intensity Daily PM Peak Hour Trips Total In Out Proposed Site Traffic Single Family Detached 78 d.1L 827 86 54 32 Sublolal 817 86 54 31 Note: Trip generation was calculated using the following data: Daily Traffic Generation Single Family Detached [ITE 210] = Ln(T) = 0.92 Ln(X) + 2,71 PM Peak Hour Traffic Generation Single Family Detached [ITE210] = Ln(T) = 0.90 · Ln(X) + 0.53; (63% in, 37% out) .:'D41\ß41130000_I&lM'eIgrdM\tp1o\06-19-2OO1 fort plerea glGV88_updIIte\{fort p1eroe groveIL06-19-2007-t4ldate.x1s]bip....Qenerdon 611912007 8:31 Page 4 11'"1-" Kimley-Hom ~_U and Associates, Inc. C 2007. K.il:øk:y-Homa Assoàa1es.Inc. ~=~ Kimley-Horn and Associates, Inc. DISTRIBUTION AND ASSIGNMENT External traffic was distributed to the major roadway network in the vicinity of the proposed project based on a Florida Standard Urban Transportation Model Structure (FSUTMS) model run. The model which was used was provided by the Treasure Coast Regional Planning Council (TCRPC). From a review of the existing and approved development in northern St. Lucie County, and considering the arterial network with its travel time characteristics, the external traffic distribution was readjusted. The traffic assignment for this project is illustrat~d in Figure 2. Using these distribution percentages, project traffic volumes were assigned to the roadway network serving the subj ect site within a 2-mile radius from the project entrance. The model plots can be found in Appendix E. Page 5 ~=~ Kimley·Horn and Associates, Inc, COMMITTED IMPROVEMENTS A review of the Five-Year work plans of St. Lucie County and FDOT did not indicate any capacity improvements within the area. However, the intersection of Indrio Road & Johnston Road is currently being designed for the addition of a southbound right-turn lane, an eastbound left-turn lane, as well as a westbound left- turn lane. Additionally, the Emerson Estates PUD has committed to constructing a traffic signal at the intersection of Emerson Avenue & Indrio Road once a signal is warranted. Page 6 >.:c llt1'l.~· ¡\t oce(,1'I. ···e'l" }\'\;u .:i:(,1'I. 11'I.U.'I. g '" ... õ 3 'MO NnlI lG30 ti %E ~ I"- ... '3hV NOSilll't3 I I ~ I o/,Z17 æ I %6E'OM NOJSN~or I 'OM SI>M;SnlI "g o CO ... %St %SS I~l , I- , , -~ L~ ~ l"- t') g o ¡¡¡ ;¡; ¡ òl. °10 o 0:1 ~I!!! ii:lg Z¡..l 11t-= ~IW I I - en I- W Z > w o ~ a: ~ '" Cl ä; W W en a: 0 « ::J a: ~ W 0 II. ii: ¡¡: II. I- < l5 ¡= II. ¡:;ji I"- W (!) ~ o .s ",- $ c:'" o"u ::cg ¡þ.:l! 0 E"O 0 ;;¡: lä g ~~ II ~. - W ....I « o en e I- ¡ ~=~ Kimley-Horn and Associates, Inc, BACKGROUND TRAFFIC Background growth was comprised of both an ambient growth factor and traffic from approved or anticipated projects within north St. Lucie County. The resultant growth rate used in this analysis varied by link from seven (7) percent to 11 percent compounded annually. Background growth calculations are shown in Table 2. The daily background traffic is summarized in Table 2 and the background p.m. peak hour traffic is summarized in Table 3. Table 3 also contains a significance calculation based on St. Lucie County's adopted level of service and the Florida Department of Transportation's (FDOT) generalized service volumes. Existing Traffic The existing daily link volumes were based on the St. Lucie County Metropolitan Planning Organization - Spring 2005 volumes and FDOT 2006 volumes. The existing intersection volumes were based on twning movement counts data that were obtained in either 2005 or 2006, which were grown to reflect buildout year values. The existing peak hour directional traffic volumes were calculated based on approach and departure volumes within the p.m. peak hour turning movement counts. Ambient Growth To account for growth from outside the area between the year the count was taken and 2012, a 2% annual growth rate was used. Approved Projects The followings projects have been included in the calculation of background traffic: · Ancient Oaks Park · Laurel Gardens · Portofino Shores · Airport West Industrial Park · Emerson Estates · King Leal Industrial Site · Indrio Crossings Phase II · Coconut Cove PUD Page 8 ~=~ Kimley-Horn and Associates, Inc. · Rocking Horse Ranch · West Indrio Groves The total background traffic was determined for each link within the study area by adding the ambient growth and any relative committed or anticipated traffic. Background traffic is summarized in Table A-I, as seen in Appendix A. Figure 3 shows the location of the approved projects used in this analysis. Page 9 0000 r;;;¡"" ;>00 0:>- ~~ ;;r;;;¡~ ~u~ ~~:s E-<r::~ ~:>- ~~ ~~ ... " .c !3 ~ ~ ~ ~ :! ~ '" .... 'C " " N g E ..... .. " ~ !l õ " ;> .. = 'C " M" ~ IE .. .. c. .. ~E-< := E-< .,s ~ à it o ~ 'õj e ~ ... ¡:¡ " " E ¡:¡ E-< z 'E :;J " 0:;; ~ ~ ~ u -< = .c ~~ ell:: '" " " .. 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S.-¡i j b c .QJj¡;¡ ~ l;> § . 8 -c~ '0 Þ -g 8 .., tl > ~>c~ ~,,< ~;2 ø< .b ;: S c: C 1Il C Cl <lI 0 0 a ;¡ £ w " " 1ií " S 'Ü ~ II . .Ii.E ~ ;aœ:·...1:ao~ 11- (1),,_.... .., .s e e .. .1! ::f E'" i] ~~ - ~ .., OJ) " P-. ~ II l1 ¡; a ~ ~ m ] 1 ~ ¡ - . i 1 8 ., j! e ~ . il {l . iñ ! 1 S 8: ~ " i ~ I 8, i i Ii. Ii I I ~ ! . s ! I i ~ ~ . . ~ H N ~ oce(l,'f\. ·c À tt(,'f\.t~ <5 en ..5 en I- :g- W () <=1ií > W ~.,' 00 0 ~ ~~ a: 0 ..!!! 0 t':l c¡ a: E"O 0 D.. ,- <= 0 W W "'" '" 0 a: () c ~ ~ ::J a: W ;¡ c¡ W I- 0 ¡¡: ii: l- II F/¡,'lJe'l" 51 I- ::E a: ~. d:' (l,'f\. 0 8 I'f\. :\, LL w Cl « D.. '15 41~Z ~ '" "' ¡¡ :J -' '~a Nn~ ~33a Iii I ¡ ãl I~ 10 z C') ... .... .~ SÐNI~ --I L__j :i 't:_,þ"-: 0:... £!t~Q. .~ SÐNDI '18 3~1I31d '.L 'a~ 3lONIN3S ¡-- ¡pi: ~_~J Lu '3AV NOSlI3N3 --l ë-. 0.. ji : __{ß uJ I 'In C~~ I .Ba::61 I t I~Ca::1 ,LJ [~:J I '\-- ¡ I , å'¡, Uo l[U W¡W ~llg z-' « . i51~ ?;¡ I 'O~ S1)ffSSllll 1-- L__ 'O~ NOJSNHor --1 u___j ¡wi , .... , L~j .. 'ii'" !:i-8 .. - ..... __ ø__ ~ o æ o ~ 15 '" .. a: .. .. l5 :c '" .5 ... u o a: - ~ 4( () en o l- I- o Z ::;;¡¡¡ - ~=~ Kimley-Horn and Associates, Inc. CAPACITY ANAL YSIS Link Traffic Analysis A link capacity analysis was undertaken for each link considering its total traffic volume and the roadwaylaneage to be in place in 2012. Total traffic is defmed as the sum of the existing traffic, ambient growth, committed projects and the Fort Pierce Groves residential project traffic. Projected 2012 total traffic conditions are shown in Table 3 for peak season peak hour directional conditions. The level of service capacity fQr each roadway link is defmed by the capacities published in the Florida Department of Transportation's 2002 Quality/Level of Service Handbook. An analysis of the surrounding roadways was performed based on a PM peak hour analysis. In the PM peak hour, the westbound direction along InOOo Road between Emerson Avenue and Kings Highway (State Road 713) is projected to exceed the generalized service volume. However, based on a more detailed study of the arterial using Synchro 5, this segment is expected to operate at an acceptable level of service, assuming the intersection improvements listed within the Intersection Analysis section are fully implemented. Intersection Analysis An intersection analysis of the study intersections was performed based on a PM peak hour analysis. Based upon the findings in this analysis, the following improvements are needed at the study intersections near the proposed site: · InOOo Road & Johnston Road - signalization and turn-lane modifications, which include an eastbound left-turn, a westbound left-turn lane, and a southbound right-turn lane. · Indrio Road & Emerson Avenue - signalization is needed. · Indrio Road & Southbound 1-95 Ramps - The mainline (Indrio Road) at this intersection is expected to operate acceptably during peak: periods at buildout of the project. However, the side street is projected to exceed its capacity Page 13 ~=~ Kimley-Horn and Associates, Inc. during peak periods. The proposed project is expected to produce very minimal traffic at this intersection during peak periods and the link ofIndrio Road from 1-95 to Johnston is insignificantly impacted by the project (see Table 3). It is recommended that the volumes at the Indrio Road & 1-95 interchange be monitored and that a signal warrant analysis should be performed at the interchange ramps in the future. Page 14 ~=~ Kimley-Horn and Associates, Inc. SITE ACCESS Johnston Road is currently a 2-1ane undivided roadway. There is one full-access driveway proposed along Johnston Road, Figure 4 illustrates the PM peak hour project traffic volumes entering and exiting the proposed site. Page 15 1-----------------------1 , SITE : 1827 , L-___________________________~ @) INDRID RD. ~ IiiJ J NOT TO SCALE 24 ~ 14.3- ~ 18.. 30 è '" z ~ Z :I: s¡ LEGEND 21 PM PEAK HOUR VOLUME I 832 I DAILY TRAffiC VOLUME FIGURE 4 FORT PIERCE GROVES DRIVEWAY VOLUMES ~-n Kimlay-Hom ~_U and AssocIates, Inc. . 041130000 PAGE 16 ~=~ Kimley-Horn and Associates, Inc. PROPORTIONATE SHARE Proportionate share impact calculations were performed for the following intersections on a peak hour basis: PROPORTIONATE SHARE ANALYSIS PM Existing Improved Capacity Proportionate Improvement Proportionate Intersection Trios Caoacity Caoacitv Increase Share Impact Cost Opinion Share Cost Indrio Road & Johston 48 1,608 4,320 2,712 1.8% $450,000 $8,000 Road Indrio Road & Emerson 14 2,293 4,273 1,980 0.7% $250,000 $1,800 Avenue Indrio Road & Kings 23 3,592 5,893 2,301 1.0% $7.000,000 $70,000 HiQhwav $79,800 Notes: * Improvement cost opinions are based on "Rule of Thumb" and are not intended to be Opinions of Probable Cost Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others. methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on he basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If a greater assurance as to the amount of any cost, an independent cost estimator should be employed. Page 17 APPENDIX APPENDIX A - Committed Traffic Roadway AncieatO t Dtvdonmtnt West Indrio Gro\'es From To % NBÆB PMpM Ptak Hour Dally " NBfEB PM Peak Hour Daily Auipmmt Ok__ NBIEB SBIWB Tat:al Toed ~m' D1l'CClÎOII NBIEB SB/WB Toed ToW Johnstoa Road Indian RiverC.ountyLine Russo Road 0% m 0 0 0 0 )6% "'" [2 19 31 2'" Russo Road lOOrioRDa< 0% in 0 0 0 0 61% "'" 20 33 53 2,11& IndrioRo-ad IDtern.ate95 Jolms1ooRoad 60/. m 0 0 0 0 "" in 14 , 22 '" Jobnnon Road ElIlelWoAvtDUC 10% in 0 lS 4-4 347 36" em 12 19 )1 1,250 EJDCnDO Avenue ~ Highw~y 50% in 2 l2 66 S2l ).% em 12 19 )1 1,250 Roadway Kin LulIadllS From To % NBIE" PM AuipllIClIt Dlrec:ti... NBIEB S JohaslunRoad llldian RiVCl"County Linc Russo Road 0% ou, 0 Russo Road I.ndrioRoad 0% em 0 rndrioRoad [1l11'nta/:c:9S John!tanRoad ,% 2 JohnstooRoad Emenon Avenue 1"" 2 E[I](nl)nAvc:nuc: Kin" Hi..hwßv 15% J Total Committed PM Peak Hour Daily NBlE8 SMVB Total Total 114 192 30. J,OIS 141 205 3# .5,030 147 102 249 3,183 206 250 4" 5,117 288 4-4J 131 1,851 ~=~ ~,K ÇllOI11,Kalor-IIon"'~~ VOLUME DEVELOPMENT SHEET Indrio Road & 1-95 S8 Ramps PM PEAK HOUR 1-95 S8 Off Ramp Indrio Road Indrio Road Northbound Southbound Eastbound rll:li1l2lwrJ¡ DescriDtion Left Throuch Richt Left Throuoh Riehl Left Throuch Riehl Left Throuch Right E,isting Volume (10'18/06) 0 0 0 78 0 2 0 34 60 297 37 0 Peak Season Factor 1.34 1.34 1.34 1.34 1.34 1,34 1,34 1,34 1.34 1,34 1.34 1.34 2006 Peak Season a a a 105 a 3 a 46 80 398 50 a Growth Factor 2.0% 2.0% 2.0% 2,0% 2,0% 2,iJ"'(' 2.0% 2,0% 2.0% 2.0% 2.0% 2,0% 2012 Background Traffic Growth a a a 13 a 0 a 6 10 50 6 a Project Traffic % Assignment 7% 26% Direction in out Project T raffle 4 8 ComminRd Proip.ct~ Portofino Shores 0 0 a a a a 0 0 0 0 0 a lndño Crossings 0 a 0 0 a a 0 0 0 0 0 0 Emerson Estates 0 a 0 20 a 0 a 0 0 14 0 0 Ancient Oaks Park 0 0 0 a 0 0 a 0 0 0 0 0 Airport West a 0 0 0 0 0 a a 0 0 0 a King Leal Industrial 0 0 a 0 0 a a a a 0 0 0 Rocking Horse Ranch 0 0 0 7 a 0 0 a a 5 0 0 Coconut Cove 0 0 0 0 0 0 0 a 0 0 0 0 laurel Gardens 0 0 a 17 0 0 0 2 0 11 1 0 West Indrio Groves a 0 0 3 0 0 0 1 0 6 0 0 Subtotal a 0 0 47 0 0 0 3 0 36 1 0 Bulldout Total 0 0 0 169 0 3 0 55 90 492 57 0 612()'2{)(713:53 ~=n :~IOC, 02007, IGmIcy·Horn illId ADociItes, iDt. 2012 Total Traffic Unimproved 1: Indrio Rd & 1-95 SB ,} --t-" .f .- '- ~ t I" \.. i ..; _~'1ì~_~lìJi~_ Lane Configurations t, l¡ t l¡' Sign Control Free Free . ~top .. ',. ..ptoþ Grade 0% 0% 0% . ,. 0% Vólume(veh/h) .",.0 '.055'. dJO 492· ·57 . '.........0,.. .... '..0. .,0' ..','0··0·"·""169···..··,'?'[0·' :':'. ..3 .' .. '. : '"'' k ...... ';:i;:..·Y···:' c.:";,; .,.... ..,.. Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92' Ò.92 . . i:ÙjiO.92 Hourly flow rate (veh/h) 0 60 . 98535: 62 .' "0 0 0 Pedestrians !.-ane Width (ft) Walking Speed (ftIs) Percent Blockage Right turn flare (veh) Mediah type Median storage veh) tJþstream signal (ft). ';::;;:'. ;,. : pX, platoon unblocked va; éonflicting vOiume~' .. 62 vC1, stage 1 conf vol ŸB2¡ stçlge 2 vCu, unblocked vol Ie; šingle (s) tC,2 (s) 1191 . \;.f¡O.:;¡:!ìMrt:~~m:1·9!; ;·.ÞjljXöQ 1132 1132 Queue Length (ft) 0 0 39 0 253 0 ,ç9Ji!~QL~~Jay(~};, Lane LOS Average Delay 40.5 rfilersection ·Câþâê.i~~Iíl!àJfGji'y·;:;f'y';'!i~~';róJd·yy;:~i·:'''j~!i;l,;f4~ÿ:'èlJQr{S~rVjêe::??~~':;i':':~::,~~'fI~r~~¡!tf;lf(~1~;ý~~J;;¡,}t':t¡¡:ê' kimleylvl7-ff51 Synchro 5 Report Page 1 VOLUME DEVELOPMENT SHEET Indrio Road & 1-95 NB Ramps PM PEAK HOUR 1-95 NB Off Ramp Indrio Road Indrio Road Northbound Southbound Eastbound Westbound Description Left Throuqh Riohl Left Throuqh Riqht Left Throuoh Riahl Left Throuoh Riaht Existing Valume <10/18/06) 9 0 427 0 0 0 16 88 0 0 332 106 Peak Season Factor 1-10 1-10 1-10 1-10 1.10 1.10 1.10 1,10 1.10 1-10 1,10 1-10 2006 Peak Season 10 0 470 0 0 0 18 97 0 0 365 117 Growth FactOf 2.0% 2.0'% 2.0% 2.0% 2.0% 2.0% 2,0% 2.0% 2,0% 2,0% 2.0"/0 2.0% 2012 Background T rattic Growth 1 0 59 0 0 0 2 12 0 0 46 15 Project Traffic % Assignment 26% 7% 26% 7% Direction in in aut aut Project T raffia 14 4 8 2 CommittAd Proip.r.Œ Portofino Shores 0 0 0 0 0 0 0 0 0 0 0 0 Indrio Crossings 0 0 0 0 0 0 0 0 0 0 0 0 Emerson Estates 0 0 24 0 0 0 0 20 0 0 14 11 Ancient Oaks Park 0 0 0 0 0 0 0 0 0 0 0 0 Airport West 0 0 0 0 0 0 0 0 0 0 0 0 King Leallnduslrial 0 0 0 0 0 0 0 0 0 0 0 0 Racking Horse Ranch 0 0 8 0 0 0 0 7 0 0 5 4 Coconut Cove 0 0 0 0 0 0 0 0 0 0 0 0 Laurel Gardens 0 0 19 0 0 0 0 19 0 0 12 10 West Indrio Groves 0 0 10 0 0 0 0 3 0 0 0 2 Subtotal 0 0 61 0 0 0 0 49 0 0 31 27 Bulldout Total 11 0 804 0 0 0 20 162 0 0 450 161 612CV2007 13:53 ~-n Kirriey-Han IIloJ_U andAssociates.Inc. e2007, KùoJey.Hun¡aadAssociales,JDc. 2012 Total Traffic Unimproved 11: Indrio Rd & 1-95 NB -+ ...,. .. ..- '- ~ t t" \. + ..; ~~~i?~1IIB¡~1lIl![$Jm Lane Configurations ., tt tt."., ." Sign Control Free. Free Stop Grade 0% 0% 0% Volume (veh/h) .... 2Q162 ··O'.:04~0· 161····11 ,'0 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourlyflòw rate (veh/h) .' 22)176"0 0 . 489175 12 0 Pedestrians Lane Width(ft) Walking Speed (Ns) Percent Blockage Right turn flare (veh) f;1ediariWpe Median storage veh) \,Jpstreàin sigmil)('F,t) " :~~; ,. .. pX, platoon unblocked .. vC.cönnmting·yl:il.llllWi¥"'489,:: :O¡;:;':';;1\:: .n.::)16:;,; ,..:..:....,. -464' 70.9<:88); 621:¡;·7!l9 :~2ft5 vC1 1 conf vol . . 220 220 /' .604 0.92 657 o 0,92 o Stop 0% ,0 0.92 o ", . 0 0.92 o ,.".,",-' H+3~f~/ ~':~' , : ~(:)"fîfmëf,", /·'ål;:I1:¡f·:::;;:;j¡l~~~.''j!il!l'li:¡;..~~~t,.ï!1i "1"":"''''''YT:!<ö',,0:'' .:-,-,,>~.,_.,:: "'_-'Fs!~F -,.,- :'·'"§"~f~jin~~:'k"l)"i~=Jfi~l?fj§\~~~Jj~1.1~æt[fi Volume Left . 22 "0" 0 H cSH 1070 1700 1700 1700 1700 1700 629 953 Völùme1tOJG:ap· åcih. ;:··1¡r,f(<<O~{)2¡t¡i:;1'O.'o¿¡¡'¡';IÐftf.Jiii>'~'%·~1jj,~illtiö.!'l·Ö¡::~'b~2f~¥;;¡~;6"9j:j¡,::!1.:::1::::·:¡ ;~:. :;;,;,¡;: r5é,l'Mt .. ,~j;i~~" _.' ;,_ ,:,._<"", :.._.. ,_::: ¡,,__,,;_ ".""_' ,. ..., '~"'" ~1:' :T: ;','.:::¡ ;::)': '^~' .::.." .,~:~ ':":,;:~ __-~':;::':'-,ú;~~~ :,;:1:,:;~. '0::~~,"1":·r~,~~jf~~. ,l i!t:J>:m#1J, -'I!~J,k:/¡;':(:y~'/'i;',·_1!",_,· ""-,,~i:-:¡:,i;!t~,:t:,,,·"·_\·,~;¡tPÆk1iWr-; j--t;{~~WY:~i{/: r-:'::';'~>~;¡:¡;<:Jf*l,~~~::f~>~ ~c;:rJ~:Ýit~<;- Queue Length (ft) . 2 0 0 0 0 0 1 144 . .. . .q -. . ... DontroIJnc;¡'ay (s) ..-.,,; .;,·;..\;,.;;,,,¿,.._,··.;:8...,i~·.:,.-...,,¡,.:,,,,,,.:o.,,..;.·º.;...:;V"~'A,·;·.iIL.':.',.;.~;,.l\ . Xl.;".,;,_._. ..Pill'..;,'.'..,' ..00 10 a· 167 .. .' µ,;;,~:ü~,~;,~~~,;ë;~,;~:; _1':··~'·~'·' ~j,.:~ '-~ ,¡:~ '-'. '" ' #"_;<i" _, ~,.t"~,,, ^, '~", '~",nK'~~=~W'_ _ ,,"o,~~_r" qh'~,~ - -- '\~,'r.,,;L::~Ú{'~;-:-.-.';·~:L~;¡~:j·,~-,,~:~-:k:~';~;~¿'~-~};~;,1;,:~;;. :, t'-' ",'; ¡_. -0'.* ¿";":,f,V¡>:iS,~h~'U,:', _.::;:t,:;"c ;'; ;:':": ,!'i Lane LOS ABC Average Delay 7.4 ·n',.'.'~·.·..e'.·"r'.êie"'¡...'.~t'..'··o'..·_·'n"1.""a'"',14 ·a"·c',"·,ity.."·'.:·:kll...t,.·!·I""'..¡¡¡,..·.'\ii."'t··l·~, '.·''".~\'':.i:'l.._n.:...~.:.',;....,..fá1H...'.-..:..-.,·.. ·lì'¡¡.,¥'.'.·.:.ff".j"'"_.....·.~,,¡.,~_"':.: ".".'."". ;',,1%1"'.... fïi,·:·e~.. ',"., '''.'f'i', -..,.;o~.'.f'.·l"<',·...xllii.."'·,,'~·,><,'..k ".'."."'. "',' .' , ' .... ,. - .. .. ".. 1 :: ,,__ ",:"" ,__~'" _ ,: 'þ'" ~ :', __ : __: ,> ,~~,__ ~:, }~t-~> ::,':, -:',':';":'/~~:~~~I~/,,,~:t,P:;:::, Jf{~i1_'\J~m,l4: : :¥:~,~: :': ,:-:~en¡¡~",,~~:' :::;,-:~,¿Ft;~l:;~,?\ ~~;.tf:;'{W·~r~~J~J~~i~::i)r::ttVt~!~~,:[t~!;t::':'::èI~;:~K~~~~ Synchro 5 Report Page 4 kimleylvl7-ff51 VOLUME DEVELOPMENT SHEET INDRIO ROAD & JOHNSTON ROAD PM PEAK HOUR Johnston Road Johnston Road Indrio Road Indrio Road Northbound Southbound Eastbound Westbound Description Left Throuah Riaht Left Throuah Rinhl Left Throuoh Rioht Left Throuoh Rioht Observed 11/17/2005 2 7 17 66 12 224 219 357 5 12 347 59 Peak Season Factor 1,06 1.06 1.08 1,08 1.08 1,08 1,06 1,08 1.08 1.06 1.06 1,06 2005 Peak Season 2 6 18 71 13 242 237 366 5 13 375 64 Growth Rate 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2012 Background TraHic Growth ° 1 3 11 2 as 35 57 1 2 56 10 Project Traffic % Assignment 18% 37% 37% 16% Direction out out in in Total Traffic 6 12 20 10 Approved Proiects Portofino Shores ° 0 0 0 ° ° 0 0 0 0 0 0 Indrio Crossings ° 0 0 0 ° 0 0 14 0 ° 15 ° Emerson Estates ° 0 0 B ° 0 0 ° 0 ° 0 0 Ancient Oaks Park 0 0 0 0 ° 0 0 0 ° ° 0 ° Airport Wes1 0 0 0 0 ° 0 ° 0 0 0 0 0 King Leai Industriai 0 0 0 0 0 0 0 2 0 ° 15 ° Rocking Horse Ranch 0 0 0 9 0 9 15 0 0 0 0 15 Coconut Cove ° ° 0 ° 0 0 0 0 ° ° 0 ° laurel Gardens 0 0 0 50 0 35 60 0 ° 0 ° 66 West lndrio Groves 0 0 0 12 0 B 14 0 0 0 0 19 Subtotal 0 0 0 79 0 52 69 16 0 0 30 120 Bulldout Total 2 9 21 167 15 342 381 459 6 15 461 204 - I\imIe'tIIlIIn 612ß12007 13:53 C1_~ MdAssodales,lnc, C2007,Kimlcy.HamandAsllociaIa, Joe. 2012 Total Traffic Unimproved 3: Indrio Rd & Johnston Rd .,J- -+ " .f +- '- '\ t I" \. + .; ~1!I(~&l._ãJ~~~~~ Lane Configurations 4 4 4 4 Sign Control Free Free Stop .. 'iSfòp;;';<; Grade 0% 0% Ö% ' . 0% ~~~;~o~;~~hltm '. ~~~. ':'ê';O:~~ · ~'.JJf~~ > ~~'Ö~~Po.~~ ¡fg; <Ó:~råi.~iÜ::6]~;;;~~~ HourlyflOiN rate (veh/h) 414' 499 7 16 501 2222;23 ·:'182",16 .372 Pedestrians Lane Width (ft) Walking Speed (ftIs) Percent Blockag)3 Right turn flare (veh) Median týpe Median storage veh) Upstr'l3am signal (fW,:' ..," " '<.; pX, platoon unblocked vÖ,conflfètlngvolùm'ø/:.n:r,;;:i;;;'i:'<i> ',' ",505 ." vC1 . 1 conf vol ;,~- .: :- ~ -~ ,: - :,'. '.: :- -- - - "' ~,','-',' , 2 stage tF.ls),.....: ". PÔ \qu~~e free "'i\ìt' "à,..;:1i'e· 1i¡~)4tlt'!'~~(ig1~'¡¡¡¡¡¡¡¡.~J;3..:i¡J;J;î";;:'¡;';lìfcñ'5~:¡¡;';;\i!i};·:xr;¡''ij;1:,~'. ,·:;t¡i¡:;¡Þ:~~¡~i!!:ml'!?~,¡¡:r;$,~'i~Y·':;;!f.aK'~~K9<;' 2:.\ .-;:{'~flP :-,~J.,~;~>i';VJ! ',-.,,'- J:JJ _':'¡0ifi!!:;;E,):pwL,''''''''i""'~lp¡:d,,~;1i§Wi:¡4ff2E¥',,f,;:~4tw(t,v::¡';M~:!:",,',:}/¡R~_~:,;';{:'J~~~~~~~!.L,::~rX'f:·¡:Y~l{;cX0':!\it;0;\;,,":i~L~..\,"~'ÆW;~~~~@f¡;h'j-'~f.tn,;~:lì.{WÈ1t.[f~~~~~,a Volume Left 414 16 2 182 Vbr&mêfRlg' ht,;;,···;;::,;¡;~~~~~~~~1l:ì~íã:¡~.í~,k.\;~~;~1~'>j,\4Ji~~'¥~~~'";'1,' :M", ~H""· " ..., '" mF(~'9¡&;~~~~3iT,};1;ç:55)""'~~ 7íÆtm¡.\fi\'"'''&WWJ¡_¡¡~ïl''' (.'1 tfj,:r>" ·"ê¡: ;\.~Y""p« å"f(, :,;";;''<I)1íi;l!ii!it''f'",l;t'''í1i{i~.¡oj~'~,k'!î' l!i;:';¡;l'l'?ílf"íJf;":.í@;"!:'li1~:ii!i!li€~t>~.í!f;1¡;!~ T1~~3'0JJ!5j;~ " ~,~ ,< ,- \ ,;Q um, ... .0,...)1 "ChI;; ,"~~y,m.(¡"';ÔJlj~;,;¡'¡¡;¡~,;;¡¡.¡¡,~ .t""n;¡¡.l'!~;¡¡<:I;,,,,;\,';¡¡¡,\(#,,,g',;éF;j~.,,;;.d,,;:~I~'k"k'Þ'¡1J¡I'<J¡';''.lli: ,"~"4,:',j¡.,"d¡¡;j Queue Length (ft) , 6~ ' ,. 1, .~,04., Err Lane LOS B A F F Average Delay 2528,S rmerSèêf¡år(Cåìia,(~itY. :l11í~:.~,[on'~?-:~~"i\~~~¡j)'ð.~g~.'~:~:~\ 'i~W.;lrlJ3t}~~,rvJ~~ii!~1flf~~~j~.g¡\W'f;1tI5~!;t~'i1'j~¡í!1il!f,i;');~~ll ' . 3,I+.f51+b' .,. .' '''''''H« <CAPACITy.... ~+~1'l7't5S ~ /5-r4£/+zc4 kimleylvl7-ff51 Synchro 5 Report Page 2 2012 Total Traffic Improved 3: Indrio Rd & Johnston Rd ./' -to +- '- \. .; J:.NI f Rð IfEJJ G4 ß4 C , T( Synchro 5 Report Page 1 kimleylvl7-ff51 VOLUME DEVELOPMENT SHEET Indrio Road & Emerson Avenue PM PEAK HOUR Emerson Avenue Emerson Avenue I ndrio Road Indrio Road Northbound Southbound Eastbound Westbound Description Left Throuoh Riohl Left Through Right Left Through Right Left Through Right Observed 11/28/2006 3 2 2 107 1 122 144 251 ° 1 297 149 Peak Season Factor 1.08 1.08 1.08 1.08 1.08 108 1.08 1.08 1.08 1,08 1.08 1,08 2006 Peak Season 3 2 2 116 " 1 132 156 271 0 1 321 161 Growth Factor 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2% 2012 Background Traffic Growth 0 ° 0 15 0 17 20 34 0 0 40 20 Project Traffic % Assignment 17% 17% Direction oul in Total Traffic 5 9 Committed Proiects Portofino Shores 0 ° 0 0 ° 0 0 46 0 0 26 0 Indrio Crossings 0 0 0 4 0 0 ° 34 0 0 24 4 Emerson Estates 0 0 0 105 0 32 57 0 0 0 ° 187 Ancient Oaks Park 0 0 0 3 0 0 0 1 0 0 0 3 Airport West 0 0 0 0 0 0 0 12 0 0 44 0 King Leal Industrial 0 0 0 0 0 0 0 3 0 0 20 0 Rocking Horse Ranch 0 0 0 0 0 0 0 6 0 0 10 0 Coconut Cove 0 0 0 0 0 0 0 20 0 0 11 0 Laurel Gardens 0 0 0 ° 0 0 ° 50 0 0 86 0 Westlndrio Groves 0 0 0 0 0 0 0 12 0 0 19 0 Sublolal 0 0 0 112 0 32 57 183 0 0 239 194 Bulldout Total 3 2 2 243 1 181 233 493 0 1 609 375 61211200718:15 ~-n Kimley-Hom ~_U ardAssœiales,lnc. C 2001, Kimley-HonI.lDd Assoc:illleS, lne. 2012 Total Traffic Unimproved 6: Indrio Rd & Emerson Ave ".J -+ ,. of .- " "\ t ". \.. + ..; Lane Configurations Sign Control Grade Volume (veh/h) 'Pe~k Hour Factòr Hourly flow rate (veh/h) , Pedestrians lane Width (ft) Walking Speed (ft/s) Per.«ent Blockage Right turn flare (veh) Median type Median storage veh) Ur,¡s{reamsignal (ft) i; pX,platoon unblocked vG;confliGtingvolumEÌ¡;:;;'1 070, vc1, stage 1 conf vol il~2tstagè,2 cnnf.vol ;~;;<¡,~~i,' 'i ~ëù, unblocked vol 1070 tØ;¡single.(s) ",',' ic, 2 stage (5) IP;(š\\(t;, ,.,' ¡; ; '.,,' , i-/;;~:, ~.,/t.'Ù':;,T:' 0;,-;' ;:-::';'~' pO queue free % p~gc~Þ~éJtY;X9èh/h) ), '~1~'¡¡¡~~" ,~33 , 0.92 253', ~ Free 0% 493 0.92 536' ;;;,:'{J) Et' 0.92 0.92 , 0 '~l~1:;::;3;;, 0.92 0:92' , 408J;::,S' ,181 0.92 197 -i,c;t~';Ät\i)f_~~ ~~ ';" <',:", \, .;,~;.:; ',;;,' .'" .,;i'·~i:ij;l;;~)\}", ,;: :íi;~~ì\~iji'¡¡¡¡¡11f.i~~~fif'''(il'itii:ti!;i!;¡¡l·f:)lf.6,,: ;1'042 ,: .' -', - ""-;;;¡-~ ¡i'):','i;.,.:...,1;'i\~;!ÔL'Y:;;:::' ,;" ;::-:~ ~ ;:;"~~;-;;-u-" ~:'ri(~:" ~::T:~?:1!~";_'K'it©:~;it~~tim~~l :1\~.;¡'WÆ~~\1'!~:i~:ú,,,~%,Ú" ., i., "~;;;'\:'!'",,h-<_,,>:; ,":",:; 536 1904 2114 536 1710 1707 662 57 · \;~;!¡;j¡~~!¥?!f~,'?~~H~}l~~~~';¡~~i~l:~i·}~'_~~~:Rlt1.~.~;~.~;?l{~i4jl~;Ui;~62 Volume Left 253 0 1 0 3 ..,>/...."'$. . ..' '~."·,.;íIt.hf'.ftií'.,..¡"ª"':!H\il:':Xq!t1'~fl!Jl¡f;;;¡A"'*4'i~ rl!~~~A~I~)~:~1U~{i/:! ~~:~¡~~:tj{;~I~~jt~1~%î!~.~:r~~~~~lt:;- ~t cSH 652 1700 1032 1700 0 2 Mõlumß ft:í,paþâèitÿ.. .i~î~IÕ~9;');é~:O:¡ª~;èÜ:Ø~~IÐ;~~l1j~~~~:II ~,'I;c; QÙeue Length (it) 46 0 0 0 Err 544 .çgJ¡lttQLD~la~{s) , Lane LOS Average Delay Err rnf~fšêêtiåriiCåpäcity!r!tlll¥å{ìðni;...~~~~~J¡i;f9'~~:'!o~~r~~'§~GlID¡e~Ÿ:~'Qf~~~~'1t~¡:~j;!1~~~¡1¡¡;t~~i~}'¡f{;~¡?' i ;,{2~{;;' ex I 5 TIN 6 O/!AcITY - 2-33+ L/-Q3+0 -¡./+ 6ðCf+375 'to t /Z(., 45(' ~ t. 1..'13 kimleylvl7-ff51 Synchro 5 Report Page 3 2012 Total Traffic Improved 6: Indrio Rd & Emerson Ave -+ -+- ..:CfiI (J!tõl/EJJ G4P/iG/f( Synchro 5 Report Page 1 kimleylvl7-ff51 2012 Total Traffic Improved Arterial Level of Service: EB Indrio Rd Arterial Level of Service: WB Indrio Rd Synchro 5 Report Page 1 kimleylvl7 -ff51 APPENDIX C - Approved Projects TABLE 1 LAUREL GARDENS TRIP GENERATION Land Use Intensity Daily PM Peak Hour TriPs Total In Out Proposed Site Traffic Single Family Detached 407 d.ll. 3,782 379 239 140 Subtotal 3,782 379 239 140 Note: Trip generation was calculated using the following data: Daily Traffic Generation Single Family Detached lITE 210] = Ln(T) = 0.92 Ln(X) + 2.71 PM Peak Hour Traffic Generation Single Family Detached [ITE210] = Ln(I) =0.90 "' Ln(X) + 0.53; (63% in, 37% out) ~ - I - ~ - 1\ . 5/291200616:37 -I ~\ ~I Î\ ~I \ \ . \ \ L L. L ~_n Kimley-Hom ~_U and Associates,lnc. Q 1006, Kimlq-Hom and .A.u0ci4les. In<. TABLE 1 WEST INDRIO GROVES PLANNED UNIT DEVELOPMENT TRIP GENERATION Land Use Intensity Daily PM Peak Hour Trips Total In Out Proposed Site Tramc Single Family Detached 78 d.u. 827 86 54 32 Subtoúd 827 86 54 32 Note: Trip generation was calculated using the following data: Dally Traffic Generation Single Family Detached (ITE 210] = Ln(T) = 092 Ln(X) + 2.71 PM Peak Hour Traffic Generation Single Family Detached (ITE 210] = Ln(T) =0.90 · Ln(X) + 0.53; (63% in, 37% out, - ~ I - - - - - - - 5/29/2006 13:54 I \ I I ,....,.n Klmley-Hom -...J_U and Assoclates,lnc. C 2006. Klm/ey-Hom aIld An<><io~. Inc, I t , ~ I I I' - .1 .\ ~I ,1 pI ~ I rl.. l. ROCKING HORSE RANCH ST. LUCIE COUNTY . PROPOSED TRIP GENERATION Lu.dU~ Intensity Dally AMPukHolU" PM PukHoW" Trill' ToW In O..t ToW In O..t Propo.ed Site Tramc Single Famüy Det3ehod Housing 159 d.u. 1,593 121 30 91 163 103 60 T otd New Extunal Trips 1,593 111 30 91 163 103 60 Note: Trip gmaation was calculated using the following <!ala: Daily Traffic Genaation Singl~Family Delachod Housing [ITE 210] = lA(I) = 0.92Ln(X) + 2.71 AM Peak. Hour Traffie Generation Single Famüy Delachod Housing [ITE 210] ~ T~0.70(X) + 9.43 (25% in, 75% oul) PM Peak Hour Traffic Generation Single Family Detachod Housing [ITE210] = lA(I) = 0.90Ln(X) + 0,53 (63% in, 37"1. oul) - - I I I - - - _I _I ~I ~f III 'I ;\ \ \ \ l COCONUT COVE rUID TRIP GENERATION Land Use Intensity Daily PM Peak Hour Trins Total In Out Proposed Site Traffic . Single Family Detached Housing 114 d.u. 1,173 121 76 45 Residential Condominiumrrownhouse 836 d.u. 3,902 343 230 113 Net New External Traffic 5,075 464 306 158 Note: Trip generation was calculated using the following data: Daily Traffic Generation Single-Family Detach,ed Housing [ITE 210] = Ln(T) = O.92Ln(X) + 2.71 Residential Condominium!rownhouse [ITE 230] = Ln(T) = O.8SLn(X) + 2.55 AM Peak Hour Traffic Generation Single Family Detached Housing [ITE 210] = T = 0.70(X) + 9.43 (25% in, 75% out) Residential Condomìnìum!rownhouse [ITE 230] = Ln(T) = 0.80Ln(X.) + 0.26 (17% in, 83% out) PM Peak Hour Traffic Generation Single Family Detached Housing [ITE210] = Ln(T) = 0.90Ln(X.) + 0.53 (63% in, 37% out) Residential Condomìnìum!rownhouse [ITE 230] = Ln(T) = 0.82Ln(X.) + 0.32 (67% in, 33% out) ~-~ :=es,IOC. KING LEAL INDUSTRIAL SITE TRIP GENERATION Lind Use In tensity Daily PM Peak HOllC Trips Total In Out Proposed Site Traffic General Light Industrial 242,900 acres 1,712 185 22 163 Net New External TraffIC 1,711 1&5 12 163 Note: Trip generation was calculated using the following data: Daily Traffic Generation General Light Industrial [ITE II 0] = T = 7.46800 -101.921 PM Peak Hour Traffic Generation General Light Industrial [ITE 110] = T = 1.43300 -163.421 (12% in, 88% out) l I - l I I i I I JmAl6IJ..1U I . . - " ~I P1_n Killley4iom . IIIIiI...I_U and Associates, Inc. . AIRPORT WEST INDUSTRIAL PARK TRIP GENERATlON Land Use Intensity Daily PM Peak Hour Trips Total In Out Proposed Site Traffic Industrial Park 60 *acres 3,472 441 93 348 Net New ExterlUll Traffic 3,472 441 93 348 Note: Trip generation was calculated using the following data: Daily Trnffic Generation Industrial Park [1TE 130] = T = 47.94(X) + 595.34 PM Peak Hour Traffic Generation Industrial Park [1TE 130] = T = 3.678(X) + 116.823 (22% in, 78% out) , , ~ ~ ~ ~ - - J Assumes 40% of project built out by 2012 - II _I ".,.n Klm1ey-Hom ~_U and Associates,lnc. ,~.. , ~ J J - - - I I INORIO CROSSINGS PHASE II TRIP GENERATION \ \ \ \ \ \ \ \ I I - II II ~I ~1. 'L , I ~ I Land Use Intensity Dally AM Peak Hour PM Peak Hour Trips Total In Out Total In Out Propose<! Senior Adu~ Housing-Attached 84 d.u, 292 7 3 4 9 5 4 Shopping Center 40,000 s,f. 3743 90 55 35 342 164 178 Subtotal 4035 97 58 39 351 169 182 Internal Capture 2.3% 93 2 I 1 8 .¡ 4 Pass-by 50.78% 1,854 45 27 18 170 81 89 Subtotal 1854 45 27 í8 170 81 89 . Net New External Trips 2,088 :;0 30 20 173 84 89 NS = NOt Shown Note: TIIp gerieration was calculated using thelollowing data: Dally T rallie ~Ior Mutt Housing-Attached lITE 252) = T = 3.48 (X) Shopping Center liTE 2201 = In(1) = O.85ln(X) + 2.55 þ.Jd Peak HourTraIItc SenIor Adult Housing·Attached lITE 252) = T = 0.08 (X) (45% In, 55% out) Shopping Center lITE 220) = In(1) =0.80 In(X) +0.26 (17% in, 83% out) PM Peak Hour Traffic ~Ior Adult HousIng-Attached \ITE 252) = T = O. It (X) (6~ % In. 39% out) Shopping center lITE 220) = In(1) = 0.82ln(X) + 0.32 (67% ln, 33% out) 0aIIy ìtlemaI co¡JIIn and pass-by œptufe based "" PM peak hoof, EMERSON ESTATES TRIP GENERATION Laad Use lalea,ity Daily AM Peak Hour PM Peak Hour , Trip, Total 10 Out ToW In Out lIYoosed SlIe Traffic Single Fanúly Detached Housing 720 d.u, 6,374 513 128 385 636 407 229 Nel Now ExùrnøI Trøffu: 6,374 513 12& 385 636 407 229 ifole: Trip generation was calculated using the following data: . Daily Traffic Genet:1ltion SingJe-Family Detached Housing (ITE 210] '" In(T) '" 0 ,920ln(X) + 2.701 AM Peak Hour Traffic GeneralÌoa I Siogle Family Detached Housing (ITE 210] ~ T;" O,700(X) + 9.471 (25% in, 75% out) PM Peak Hour Traffic Omeralion Siogle Family Detached Housing (ITE210] '" In(T) '" 0.90Iln(X) + 0.527 (64Y. in, 36% out) f ~ ~ ~ ~ ~ I uzr,wlJ:u I 1\ 1\ It 'I ~I 'I ~ \ ~ L ~ l· ~~~m PORTOFINO SHORES TRIP GENERATION Land Use Intensity Dally PM Peak Hour Trips Total In Out Proposed Site Traffic Single Family Detached Housing 521 d.u. 4,986 349 230 119 Convenience Store 4 f.p. 6S1 S4 27 27 Net New External TraffIC 5,637 403 257 146 Note: Tòp generation was calculated using the following data: Daily Traffic Generation Single-Family Detached Housing [ITE 2101 = T = 9.57 trips I d.u. Convenience Store [ITE 845] = T = 162.78 trips I fueling position PM Peak Hour Traffic Generation Single Family Detached Housing [ITE 210] = T = 0.67 trips ( d.u. (66% in, 34% out) Convenience Store [ITE 845] = T = 13.38 trips I fueling position (50% in, 50% out) I I I SJJ9IV61J:J4 I I I - -\. Ih. ~t ~t ,,, i~~i' œ~ =es,lnc. APPENDIX D - Intersection Counts COUNTY, 94 ST.LUCIE FLORIDA DEPARTMENT OF TRANSPORTATION 2006 ANNUAL AVERAGE DAILY TRAFFIC REPORT -- REPORT TYPE: ALL 0123 SITE SITE TYPE DESCRIPTION N 0128 0144 0151 0155 0160 0195 0260 0264 0265 0266 0269 0270 0281 0334 0703 SITE TYPE AADT FWlGS "KID" FLAGS 'TO FWlGS DIRECTION 1 SR 5 I us 1 - S END OF TAYLOR CREEK BRIDGE 12500 SR 614 I INORIQ RD ~ W OF SR 9/1-95 E 1200 T CR 6B/ORANGE AVE .4 MI E OF JeT SR 609,ST LUCIE CO E 1445 SR 68 ORANGE AVE - E OF CR 607/A ANGLE RD E 8600 SR 68 ORANGE AVE - W OF 7 ST E 5600 SR 707 I CITRUS AVE - E OF SR 5 E 2300 T SR 70 I 1.18 MI E OF CR 609/A,ST LUCIE CO E 2531 26770 T SR 9/1-95-0.6 MI S OF SR 68/0RANGE AV,ST LUCIE CO N SR 5 US 1 - N OF PRIMA VISTA BLVD N 23500 US 1 - S OF PRIMA VISTA BLVD IN PORT ST LUCIE N 28000 SR 5 US 1 - S OF EASY ST SR 713 KINGS HWY - SW OF SR 5/US 1 N 22000 N 4800 SR 608 ST LOCIE BLVD - W OF SR 5 E 2600 SR 614 INDRIO RD - W OF SR 713/KINGS HWY E 6400 T SR 9 / 1-95 - MARTLN CO LlNE.ST LUCIE CO N 28778E SR AlA I N ~ S OF REGAL RD N 2600 OIRECTION 2 S 15500 1200 1479 8800 5600 2800 AADT TWO-WAY 28000 C 2400 C 2924 C 17400 C 11200 C 5100 C 5311 C 53177 C 45000 C 57000 C 42500 C 10100 C 5000 C 12200 C 56500 F 5200 C "K' FCTR 11.16F 10.78F 10.94A 10.73F 10.73F 11.16F 11,15A 9,26A 11. 16F 11,16F 11.16F 10.73F 10.73F 10,73F 8.82p 11.16F "D" FCTR 57.49F 56.96F 57.03A 65.89F 65.89F 57.49F 59.96A 54.46A 57.49F 57.49F 57.49F 65.89F 65.89F 65.89F 53.84P 57.49F p= PORTABLE; T= TELEMETERED c= COMPUTED; E= MANUAL EST; F= FIRST YR EST P= PRIOR YEAR; S= SECOND YR EST; T= THIRD YR EST; X= UNKNOWN A= ACTUAL; F= VOLUME FCTR CATG; D= DIST/FUNC. CLA.SS; P= PRIOR YEAR; S= STATE-WIDE DEFAULT; W= ONE-WAY ROAD A= ACTUAL; F= AXLE FCTR CATG¡ D= DIST/FONC. CLASS; P= PRIOR YEAR; S= STATE-WIDE DEFAULT; X= CROSS-REFERENCE 30-APR-2007 16,59,18 PAGE -630- OF -643- W W W W W W 2780 S 26407 s 21500 S 29000 S 20500 S 5300 W 2400 W 5800 s 27722E 2600 S 'T' FCTR 6.72A 76.30A 28.B8A 5.72A 2.65P 4.46p 17.74P 18.08A 4.90A 5.57F 4.57P 3.96P 6.23P 10.57A 16.19P B,47A 622UPD [1,0,0.2J 4_94_CAADT.TXT COUNTY, 94 ST.LUCIE FLORIDA DEPARTMENT OF TRANSPORTATION 2006 ANNUAL AVERAGE DAILY TRAFFIC REPORT - REPORT TYPE; ALL 0032 SITE SITE TYPE DESCRIPTION =======~===========~============================== )033 0034 0035 3038 0039 0041 0050 0076 0077 0106 0107 0114 0115 0116 0118 SITE TYPE MDT FLAGS 'K/D' FLAGS 'T' FLAGS SR 70 VIRGINIA AVE - W OF SR 615/25 ST SR 70 VIRGINIA AVE - E OF SR 615/25 ST SR 70 / VIRGINIA AVE - W OF SR 5/US 1 SR 68 ORANGE AVE - E OF SR 9/I-95 SR 614 I INDRIO RD - E OF SR 9/I-95 SR 70 I OKEECHOBEE RD - W OF CR 609.HEADER CANAL SR 68 ORANGE AVE - W OF SR 9/1-95 SR 615 25 ST - N OF AVE 'E" . SR 68 SR 713 KINGS HWY - S OF SR 68/0RANGE AVE SR 713 KINGS HWY - N OF SR 6B/ORANGE AVE SR 70 I OKEECHOBEE RD - W OF SR 9\I-95 SR 5 I US 1 - ST LUCIE/IRC LINE SR AlA N - E END OF ICWW BR,ST LUCIE CO SR AlA / S - E END OF S BRIDGE SR AlA I S - S OF BLUE HERON BLVD.FT PIERCE SR 5 US 1 - S OF SR 6B/ORANGE AVE DIRECTION 1 E 11500 E 12000 E 13500 6300 DIRECTION 2 W 100 DO MDT '!WO-WAY 21500 C 25000 C 25500 C 6500 12800 c 'K" FCTR 10.73F 10.73F 10.73F 10,73F 10.73F 10. 78F 10.78F 10.73F 10.78F 10.7BF 10,78F l1,16F 11.16F 11.16F l1,I6F 11. 16F '0' FCTR 65.89F 65.89F 6S,B9F 65,B9F 65,B9F 56, 96F 56.96F 65.B9F 56.96F 56. 96F 56.96F 57.49F 57.49F 57.49F 57.49F 57.49F p= PORTABLE; T= TELEMETERED C= COMPUTED, E= MANUAL EST, F= FIRST YR EST P= PRIOR YEAR, S= SECOND YR EST; T= THIRD YR EST; X= UNKNOWN A= ACTUAL; F= VOLUME FCTR CATG¡ D= DIST/FUNC. CLASS; P= PRIOR YEAR; S= STATE-WIDE DEFAULT; W= ONE-WAY ROAD A= ACTUAL; F= AXLE FCTR CATG; D= DIST/FUNC. CLASS-; P= PRIOR YEAR; S= STATE-WIDE DEFAULT; X= CROSS-REFERENCE 30-APR-2007 16:59:1B PAGE -629- OF -643- E E 4900 E 3BOO E 8700 9600 N N 5300 N 7900 E 15500 N 12500 E 4000 7100 E N 2600 N 16000 W 13000 W 12000 W W W 3S00 9400 9900 W s S 5300 S 8200 15000 W s 12500 W 4000 7100 W S 2500 S 15000 4500 9400 C 7600 C IBI00 C 19500 C 10600 C 16100 C 30500 C 25000 C 8000 C 14200 C 5100 C 31000 C "T' FCTR 4.12A 3,S3A 3.40A 10.22P IS.0IP 22.31F 22.31A 4.92F 17,30P 8.56P 22.31F 6.40A B,47F 3.39F 3.B6P 5,57F 622UPD [1,0,0,2) 4_94_CAADT.TXT Counter: Counted By: KH Weather: Other: Kimley-Hom and Associates, Inc. 10521 SW Village Center Drive Port Sl. Lucie, FL 34987 File Name Site Code Start Date Page No : Indrio&195SB : 11111111 : 10/18/2006 : 1 " , I I Start Time I Left Trux Inl, TotalJ 04:00 PM I 22 0 146 04:15 PM 14 0 123 04:30 PM ' 18 0 111 04:45 PM i 24 0 ~ Total r-78 0, 508 05:00 PM 14 0 0 0 90 2 0 0 0 0 0 0 0 7 2 0 115 05:15 PM 16 0 0 0 92 4 0 0 0 0 0 0 0 3 5 0 120 05:30 PM 21 0 0 0 74 1 0 0 0 0 0 0 0 6 2 0 104 05:45 PM 19 0 0 0 74 1 0 0 0 0 0 0 0 8 1 0 103 Total 70 0 0 0 330 8 0 0 0 0 0 0 0 24 10 0 442 Grand Total I 148 0 2 ~I 627 45 0 ~I 0 0 0 ~I 0 58 70 ~I 950 Apprch % 98.7 0 1.3 93.3 6.7 0 0 0 0 0 45,3 54.7 Total %' 15.6 0 0.2 0, 66 4.7 0 0, 0 0 0 0, 0 6,1 7.4 0, 195 S8 Off Ramp Oul In Total ~~11;01 1 21 481 01 :tl Thru Left Trux 1 4 i North 10118/200604:00 PM 10/18/200605:45 PM Unshifted Kimley-Hom and Associates, Inc. 10521 SW Village Center Drive Port St. Lucie, FL 34987 File Name Site Code Start Date Page No Indrio&/95SB 11111111 10/18/2006 :2 .~ J lotT~~ 04:00 PM 22 0 1 0 23 78 19 0 ° 97 0 0 0 0 0 0 10 16 0 26 146 04:15 PM 14 0 0 0 14 74 11 0 0 85 0 0 0 0 0 0 9 15 0 24 123 04:30 PM 18 0 1 0 19 65 6 0 ° 71 0 0 0 0 0 0 3 18 0 21 111 04:45 PM 24 0 0 0 24 80 1 0 0 81 0 0 0 ° ° 0 12 11 ° 23 128 Total Volume 78 ° 2 0 80 297 37 0 ° 334 ° ° 0 ° ° 0 34 60 0 94 508 % Ano. Total 97,5 ° 2.5 0 88,9 11,1 0 0 0 ° 0 0 0 36.2 63.8 ° PHF .813 ,000 ,500 .000 ,833 ,928 .487 .000 .000 .861 .000 ,000 ,000 .000 ,000 ,000 .708 ,833 ,000 .904 .870 195 S8 Off Ramp Out In Total ~*c=MJ I I I 21 0 781 :QJ RI9ht Thru left Trux ~-.J 1 4 -ô m", ;§- Peak Hour Data o 'ií-.J' -' i North ~~-. ,... :ë Ù Counter: Counted By: NM Weather: Other: Kimley-Hom and Associates, Inc. 10521 SW Village Center Drive Port St. Lucie, FL 34987 File Name Site Code Start Date Page No : Indrio_195NB : 44444444 : 10/18/2006 :1 ,--- I Start Time Left Trux Int. Total 04:00 PM 0 0 225 04:15 PM 0 0 228 04:30 PM 0 0 202 -------º5:45 P~__-º-_ 0 227 Total 0 01 882 05:00 PM 0 0 0 ~ 0 91 35 0 2 0 94 0 4 19 0 0 245 05:15 PM 0 0 0 0 82 29 0 3 0 138 0 4 18 0 0 274 05:30 PM 0 0 0 0 81 21 ' 0 2 0 101 0 1 26 0 0 232 05:45 PM 0 0 0 0 74 15 0 0 0 88 0 1 30 0 0 208 Total 0 0 0 0 328 100 0 7 0 421 0 10 93 0 0 959 Grand Total I 0 0 0 g/ 0 630 176 g 41 0 780 g¡ 29 185 0 gl 1841 Apprch % 0 0 0 0 78.2 21.8 5 0 95 13.6 86.4 0 Total %, 0 0 0 0, 0 34.2 9,6 0, 2.2 0 42.4 0, 1,6 10 0 0, Oul In Total ~yCWJ 1 01 IOI 01 ~Jht T LC Trux ~~ N'\j¡j i -' "'2 North u ro ... .c-~ o ~ I- a::£N 101161200604:00 PM 0 0_ ." .c 10118/200605:45 PM u h E -ô U nshi ed ð'" ~ ~ >= Kimley-Hom and Associates, Inc. 10521 SW Village Center Drive Port SI. Lucie, FL 34987 File Name Site Code Start Date Page No : Indrio_195NB : 44444444 : 10/18/2006 :2 04:45 PM 0 0 0 0 0 0 78 21 0 99 2 0 94 0 96 7 25 0 0 32 227 05:00 PM 0 0 0 0 0 0 91 35 0 125 2 0 94 0 96 4 19 0 0 23 245 05:15 PM 0 0 0 0 0 0 82 29 0 111 3 0 138 0 141 4 18 0 0 22 274 05:30 PM 0 0 0 0 0 0 81 21 0 102 2 0 101 0 103 1 25 0 0 27 232 Total Volume 0 0 0 0 0 0 332 106 0 438 9 0 427 0 436 16 88 0 0 104 978 % ADD. Total 0 0 0 0 0 75.8 24,2 0 2.1 0 97.9 0 15.4 84,6 0 0 ~ PHF ,000 .000 ,000 ,000 .000 .000 ,912 .757 .000 .869 .750 .000 .774 ,000 .773 ,571 ,846 ,000 .000 .813 .892 Out In Total em i ~ 01 ~I 1~2~1 1 r-; oT Ri?ht Thru Lfft Trux ~.J 1 4 Peak Hour Data i North I Peak Hour Begins at 04:45 PM ! Unshifted 'l i r Left Th~~~~ T~X I 91 1 01 I ~ 6~ Out In Total Kimley-Horn & Associates, Inc. 601 21 sl Street Suite 400 Vero Beach, FL 32960 File Name Site Code Start Date Page No : Indrio Rd & Johnston Rd (43rd Ave) : 11111111 : 11/17/2005 : 1 Groups Pnnt - Unshifted Johnston Road Indrio Road Johnston Roed (Dirt Road) Indrio Road Southbound Westbound Northbound Eastbound Start Time Right Thru Left Truck Right Thru Left Truck Right I Thru I Left Truck Right Thru Left Truck Int.I Total Factor 1,0 1.0 1,0 1,0 1,0 1,0 1.0 1.0 1.0 I 1.0 I 1.0 1,0 1,0 1.0 1,0 1,0 I 04:00 PM 60 5 11 7 14 95 0 9 0 0 2 0 2 74 39 8 326 04:15 PM 56 1 17 6 11 71 3 9 2 1 1 1 1 86 45 13 324 04:30 PM 53 3 15 7 14 82 0 5 3 0 0 0 1 79 51 4 317 04:45 PM 60 2 19 4 11 85 0 7 2 0 1 0 1 86 50 8 336 Total 229 11 62 24 50 333 3 30 7 1 4 1 5 325 185 33 1303 'ed 05:00 PM 66 4 21 6 20 91 10 5 9 2 1 0 2 81 57 5 380 05:15 PM 45 3 11 3 14 89 2 2 3 5 0 0 1 111 61 2 352 05:30 PM 41 2 10 6 13 64 0 2 0 1 1 0 0 90 44 1 275 05:45 PM 44 2 29 0 18 72 2 0 0 1 0 0 0 69 45 4 286 Totai 196 11 71 15 65 316 14 9 12 9 2 0 3 351 207 12 1293 Grand Total 425 22 133 391 115 649 17 391 19 10 6 2,~ I 8 676 392 451 2596 Apprch % 68,7 3,6 215 6,3 14.0 79,1 2.1 4.8 52.8 27,8 16.7 0.7 60,3 35.0 4,0 Total % 16.4 0.8 5.1 1.5 4.4 25.0 0.7 1,6 0.7 0,4 0,2 0.0 0.3 26,0 15,1 1.7 T North 1/1712005 4:00:00 PM 1/17120055:45:00 PM Unshifted Kimley-Horn & Associates, Inc. 601 21 st Street Suite 400 Vero Beach, FL 32960 File Name: Indrio Rd & Johnston Rd (43rd Ave) Site Code : 11111111 Start Date: 11/17/2005 Page No : 2 Start Time Rig 04:30 PM I 224 12 66 20 322 59 347 12 19 437 17 7 2 0 26 5 357 219 19 600 1385 69,6 3,7 20,5 6,2 13,5 79.4 2,7 4,3 65.4 26,9 7,7 0,0 0,8 59.5 36,5 3.2 66 4 21 6 97 20 91 10 5 126 9 2 1 ° 12 2 81 57 5 145 380 05:00 PM 05:00 PM 05:00 PM 05:15 PM 1°'911 66 4 21 6 97 20 91 10 5 126 9 2 0 12 1 111 61 2 1751 0,830 0,867 0,542 0,857 ì Nath 1/1712005 4:30:00 PM 1/1712005 5:15:00 PM Unshifted ~ ì ~ Left Ttru RiQht Truck I 21 ~171 01 I 1 ~ C]§] (M In Total · Kimley-Hom and Associates, Inc. 10521 SW Village Center Drive Port St. Lucie, FL 34987 File Name Site Code Start Date Page No : Indrio_Emerson_PM : 00000000 11/28/2006 : 1 I I Start Time Trux Left Trux Int. Total 04:00 PM ' U 0 238 04:15 PM () 289 04:30 PM ... ~ i~ 0 226 04:45 PM 0 251 Total 0 1004 05:00 PM 33 0 38 0 0 91 35 0 1 0 1 ~I 43 57 0 0 299 05:15 PM 29 0 28 0 1 72 30 0 0 1 () 36 65 0 0 262 05:30 PM 17 1 28 0 0 74 36 0 1 0 0 0 41 69 0 0 267 05:45 PM 2.8 1 20 0 0 59 30 0 0 0 0 0 31 53 0 0 222 Total 107 2 114 a, 1 296 131 0 ::. 1 1 0 151 244 0 0 1050 Grand T otall 215 3 231 ~I 1 561 278 ~I 4 3 2 ~I 247 507 2 ~I 2054 Apprch % 47.9 0.7 51.4 0,1 66,8 33,1 44.4 33,3 22.2 32,7 67.1 0.3 Total %, 10.5 0,1 11,2 0, 0 27.3 '13.5 0, 0,2 0.1 0.1 12 24.7 0,1 T North 11/28/200604:00 PM 11/28/2006 œ:45 PM Class 1 ~ i r Left T~ht Trux 1 41 3 21 01 I 1 c:==ID _ ~ Out In Total . . Kimley-Hom and Associates, Inc. 10521 SW Village Center Drive Port 51. Lucie, FL 34987 File Name Site Code Start Date Page No : Indrio Emerson PM - - : 00000000 : 11/28/2006 :2 , Emerson Avenue -~--¡-I Indrio Road I Northbound Eastbound "'" ",.1 Left I Thru I R~ht I~-;: '"" 1LeftlThru I Rght I Tru.. I "'" ,..1",0. T,'" I 04:45 PM 28 0 28 0 56 0 60 48 0 108 1 1 1 0 3 24 60 0 0 84 251 05:00 PM 33 0 38 0 71 0 91 35 0 126 1 0 1 0 2 43 57 0 0 100 299 05:15 PM 29 0 28 0 57 1 72 30 0 103 0 1 0 0 1 36 65 0 0 101 262 05:30 PM 17 1 28 0 46 Q 74 36 0 110 1 0 0 0 1 41 69 0 0 110 267 Total Volume I 107 1 122 0 230 1 297 149 0 447 3 2 2 0 7 144 251 0 0 395 1079 % Ann, Total 46.5 0.4 53 0 0.2 66.4 33.3 0 42,9 28,6 28.6 0 36,5 63.5 0 0 898 i PHF 1,811 .250 ,803 ,000 .810 ,250 .816 ,776. ,000 .887 ,750 .500 .50Q ,000 .583 ,837 .909 ,000 ,000 ,902 ~~ ~ <;¡...1 1-0 ...J Peak Hour Data ;c;;~-------+ I- T North I Peak Hour Begins at 04:45 PM , ~ T ¡t Left T~hl Trux 1 31 2 21 01 I J c=ïJ 7 c:=::9J Out In Total :: '" APPENDIX E - FSUTMS Model Plots -;:'---':::-6 o "" , 1,03 I ~.. ',". '.'. \\. . .-, I I ŒoolJJæ 1.03 :¡;: "* o ¡(.oJ i:..n i :;:. '.49 N \ Q;l 1..·-···--··-'..···- - -..-, I ~45 * j- * i ,'l15 12.72 f~ 1 ;:;g;-:- * -. '. I 0,19 ~:~':l .. 'l~:---* "* "_J~1S i "'[ ;;:/., .. * j 0.23 o .... I'" ., ....- ~~ .." ~ ...." 1° ¡'" 1,03 0.67 2,1 6,85 <C 0.67 ~ 1272 * * <þ 1:>' \:;.. .,:::\,~~ '" '" ;,; 2,02 2.07 , f I~ --~. I", 'N I'" ," 0,23 ir)""¡ co <:> ' * 0'> ... '" " 023 "" ' C) ¡ ci¡ 0.23 0.23 1 0.45 *'- . -0 ",:-:9 0.23 . ¡~...", " "n'J qf ~ 135 , !~ i~ I..~ - .~~, \."ß, . , * *. . '.', \\ !~ ~ I~ 0°;00-' ori .... i I "", I I ~I \,,5 ,I -* * ! 1,12 " \\" ',\ ''''', \". '\.\ * "\::.;::", I I", I:... i '" '" ,.; '" \\ \ '.- 6' ,\~:<:: J' . ,\\, 3272 365 ._....:~--~.,. \,-\-~r=-=-'- ,-.....:.. : \\V\ ;, d '\,\ '. _ __ * , 6' '" , ; '~~, \ I \ . ~ ~. \\ ,I \\ \\ \\ \\ \ " '\\ \\ \\ \, \\ ~\\ 'tj, \ \ FORT PIERCE GROVES ST. LUCIE COUNTY. FLORIDA TRAFFIC ASSIGNMENT (PERCENT) 5/312007 17,19 " ..* L_ ¡ 0.181. 0.18 * lie * - *-- 0,94 * * * '1697 16,97 0, ~ ,. --I I I I I I"" I; ï -.-.; , i i ¡ I J 16.97 . 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"'1w ¡". lib .. I..... * / ! t.l? "0 ,/ ....., " , ,'09 .. , 1" ;,\~"\ \, , I .' ...,.... \, \ , .. \ ,~7" " \ \ ~ \ ~ '-./? '. q;>;.\ *\ 0'\ "1 ,w -~ ~\ ,~\ ~\\ - --1 \, ~ tO~'\\ , t.n ~./ ~ ~ \. "':-'--"(""r'\ \ 1.27 127 1.05, 0,( ~: ~, \' -,« *, - , - " ... .61, .~ \ .. , (j~~ ri .........-- , -,-.,0.49'" *'. ¡ *- i ~ ?o ... .. ..~ '* - r' * 21 .. ...... ,,'_~._,85 6,85 11£67 0.45! 0.49 ' , "~,! ~:'~;'F;T;" ¡¡ 207 ,1'~ :'~: :;),4< T·, * .. ci I i ~, ~3 * ! -""-~l~ ' :,: 11'~-' ~ .p¡' , 23 L.. -.;..... ,.;,; .' ~ "I , , I ll') * ! I::¡:' ! .' ",1 1~0° ~, i '~ 135 I ~ "'" " o -.J 2.02 r I * .6' \\~~ ~\ .. ',' ", "\" " 1.12 '" \. : w *, \~6' I.... _\~;:~,::32'~~¡_... 1 , ~ " .,* 'I .~. \ , ~. \ ...a18i 0,18 \ L_:.._,L \ ~ .\ ~\ '" ''\ \\.. . ~ '··'_··:·o.Ã~" , "\\ 10 *: " \ \ ; 0,18 0. "l \--··-'''_-~'~'':''''''--H..__J,'M'_'_''h.._~_g.. . " I <s'<'S'" 0> <0 ,..; '" N , a '" 36.5 t ....--,. -.-..",.,..L-,. 17,19, " 16,97 .- -~-* ~ * , -,,* '" JA3__~~,_ 9,04 ... >\ ,..t I i '"' ,..; * ... '* ~ o *' ;;; or; .. ... \ \. .. .. ~i Licensed to Kimley-Horn and Associates, Inc. 1 St. Lucie County 2 Planning and Zoning CommissionlLocal Planning Agency 3 Commission Chambers, 3rd Floor, Roger Poitras Annex 4 January 17, 2008 Regular Meeting 5 6:00 P.M. 6 7 A compact disc recording of tbis meetiDg, in its entirety, bas been pIKed in the file along with these miDutes lU 8 of the record. In the eveDt of a coDOict betweeD the writteD miDutes ud the compact disc, the compact diM: sb 9 eontrol. 10 11 12 CALL TO ORDER 13 Vice Chairman Caron called the meeting to order at 6:01 p.m. 14 15 PLEDGE OF ALLEGIANCE 16 17 ROLL CALL 18 19 John Knapp ........................................Chainnan 20 Susan Caron .......................................Vice Chairman 21 Brad Culverhouse...............................Board Member 22 Pamela Hammer.................................Board Member 23 Stephanie Morgan ..............................Board Member 24 Craig Mundt.......................................Board Member 25 Britt Reynolds ....................................Board Member 26 (Mr. Reynolds arrived at 6:04 p.m.) 27 Barry Schrader ...................................Board Member 28 Consuela Smith ..................................Board Member 29 Kathryn Hensley ................................Ex-Officio 30 31 OTHERS PRESENT 32 33 Robin Meyer ......................................Assistant Growth Management Dept. Director 34 Heather young...................................Assistant County Attorney 35 Linda Pendarvis .................................Planner 36 37 ANNOUNCEMENTS 38 Mr. Meyer advised Board members that they will not be receiving copies of Chapters 10, 11 and 39 12 as previously anticipated. Staffneeds more time to work on those chapters. They are 40 anticipating that they will be ready by March. In addition, there will not be a special February 41 meeting. 42 43 DISCLOSURES 44 None. 45 1 1 2 Mr. Culverhouse - voted for Mr. Knapp 3 Mr. Reynolds - voted for Ms. Caron 4 Ms. Caron - voted for Ms. Caron 5 Ms. Smith - voted for Mr. Knapp 6 Mr. Knapp - voted for Mr. Knapp 7 Mr. Mundt - voted for Ms. Caron 8 Ms. Hammer - voted for Ms. Caron 9 Mr. Schrader - voted for Mr. Knapp 10 Ms. Morgan - voted for Mr. Knapp 11 12 Mr. Knapp received 5 votes; Ms. Caron received 4 votes. Mr. Knapp formally took over the 13 meeting as Chairman. 14 15 Mr. Knapp then solicited nominations for Vice Chair. 16 17 Ms. Smith nominated Mr. Culverhouse as Vice Chair; Ms. Morgan seconded. 18 19 Ms. Hammer nominated Ms. Caron as Vice Chair; Mr. Mundt seconded. 20 21 Ms. Young advised she will make up ballots for the election of Vice Chair. The Board took a 22 brief recess. 23 24 Once the meeting resumed, Board members cast their votes and turned the ballots over to Ms. 25 Young. 26 27 Ms. Young then read aloud the votes for Vice Chair as follows: 28 29 Ms. Hammer - voted for Ms. Caron 30 Ms. Morgan - voted for Mr. Culverhouse 31 Mr. Culverhouse - voted for Mr. Culverhouse 32 Ms. Smith - voted for Mr. Culverhouse 33 Mr. Reynolds - voted for Mr. Culverhouse 34 Mr. Schrader - voted for Ms. Caron 35 Ms. Caron - voted for Ms. Caron 36 Mr. Knapp - voted for Ms. Caron 37 Mr. Mundt - voted for Ms. Caron 38 39 Ms. Caron received 5 votes and Mr. Culverhouse received 4 votes. 40 41 Mr. Culverhouse motioned for the unanimous ballot vote for Susan Caron as Vice Chair 42 and John Knapp as Chair. 43 44 Ms. Morgan seeonded. 45 46 The motion carried 8-1 with Ms. Hammer dissenting. 3 1 2 Item #3: St. Lucie County Director of Growth Manuement: RZ 1120071364 3 Petition of St. Lucie County Director of Growth Management to amend the Official Zoning Map 4 from the PUD (Planned Unit Development - Pelican Pointe) Zoning District to the HIRD 5 (Hutchinson Island Residential District) Zoning District. 6 7 Ms. Pendarvis presented this item by explaining that the subject two acres ofland is located 8 south and southeast of the Pelican Pointe West Subdivision. This is being initiated by the 9 Growth Management Deparbnent Director on behalf of St. Lucie County. Ms. Pendarvis went lOon to explain that this zoning change should have occurred at the time the Tesoro Beach Club 11 received their Major Site Plan approval. 12 13 Staff is recommending that this Board forward this application to the St. Lucie County Board of 14 County Commissioners with a recommendation of approval. 15 16 Chairman Knapp opened the public hearing. No one from the public spoke and the public 17 hearing was closed. 18 19 Mr. Mundt motioned to recommend that the St. Lucie County Board of County 20 Commissioners approve the zoning change because it should have been done at the time of 21 site plan approval. 22 23 Ms. Morgan seconded. 24 25 Roll Call 26 27 Ms. Smith - yes 28 Mr. Schrader - yes 29 Mr. Reynolds - yes 30 Ms. Hammer - yes 31 Mr. Culverhouse - yes 32 Vice Chairman Caron - yes 33 Ms. Morgan - yes 34 Mr. Mundt - yes 35 Chairman Knapp - yes 36 37 The motion carried unanimously. 38 39 Item #4: F.P. Groves. LLC: PUDIRZ 620071254 40 Petition ofF.P. Groves, LLC for the Board of County Commissioners of St. Lucie County to 41 amend the Official Zoning Atlas to change the zoning from the AG-l (Agricultural- 1 dulac) 42 Zoning District to the PCS (planned Country Subdivision) Zoning District. 43 44 This item was presented by Ms. Wood who explained that the purpose of the rezoning is to 45 subdivide the property into 77 Y2-acre lots (approximately 1 dwelling unit per acre). The subject 4 1 parcel is located on the west side of Johnston Road, approximately Y2 mile north ofIndrio Road 2 and approximately I mile east ofI-95. 3 4 Staff is recommending that this Board forward this application to the St. Lucie County Board of 5 County Commissioners with a recommendation of approval. 6 7 Ken Natoli, with Houston Cuozzo Group, representing the applicant, gave a brief presentation 8 and agrees with staff's recommendation. 9 10 Chairman Knapp opened the public hearing. No one from the public spoke and the public 11 hearing was closed. 12 13 Ms. Hammer requested that a legend be included on the Landscape Plans. Ms. Hammer also 14 directed questions as to what certain symbols on the landscape plans represented. 15 16 Ms. Hammer expressed her frustration that a traffic report and an environmental report were not 17 included in their packet. In the future, Ms. Hammer requested that these reports be made 18 available to Board members in the future. 19 20 Mr. Meyer and Ms. Wood acknowledged that those reports will be made part of Board member 21 packets in the future. 22 23 Ms. Hammer questioned the utilities - whether it will be well and septic or will it be tied to 24 County utilities. Ms. Wood confirmed that it will stay on well and septic. 25 26 Ms. Hammer also mentioned that she would like all homeowner association documents and 27 requirements be given to potential homeowners as early in a potential sale as possible. She 28 objects to those documents being given to a new homeowner at the time of closing. 29 30 Ms. Morgan motioned to reeommend that the St. Lucie County Board of Commissioners 31 approve the requested zoning change. Ms. Morgan also commended the applicant and 32 hislher representatives for a job well done. 33 34 Mr. Culverhouse seconded. 35 36 Roll Call 37 38 Mr. Schrader - yes 39 Mr. Reynolds - yes 40 Mr. Mundt - yes 41 Ms. Smith - yes 42 Ms. Hammer-yes 43 Vice Chairman Caron - yes 44 Mr. Culverhouse - yes 45 Ms. Morgan-yes 46 Chairman Knapp - yes 5 1 2 The motion carried llnanimously. 3 4 OTHER BUSINESS 5 6 Ms. Hammer requested that the minutes reflect that out of 12 meetings of the Planning & Zoning 7 Commission in 2007, Ms. Caron was presen~ at all twelve of the meetings. Mr. Knapp was 8 absent for 5 of those meetings and late for 2 of the meetings. That is the primary reason she 9 supported Ms. Caron for Chair of this Board. 10 11 Ms. Smith inquired as to what is expected of her with regards to the review of the packets 12 received. Mr. Meyer responded by explaining that an orientation/training will be put together for 13 new members appointed to the Planning and Zoning Commission. Staffwill attempt to do that 14 before next month's meeting. Mr. Knapp advised that the orientation/training can be attended by 15 any of the members of the Board whether newly elected or not. Staff agreed. 16 17 There being no further business, the meeting was adjourned at 7 :30 p.m. 6 Agenda Request Item Number Meeting Date: ~ 01.17.08 Consent Regular Public Hearing Leg. [ ] [ ] [ ] [x] Quasi-JD [ TO: SUBMITTED BY: Planning and Zoning Commission Growth Management Department SUBJECT: Petition of F.P. Groves, LLC for a change in zoning from the AG-1 (Agricultural- 1 du/acre) Zoning District to the PCS (Planned Country Subdivision) Zoning District. BACKGROUND: The requested action is for a change in zoning of the subject parcels from the AG-1 (Agricultural- 1 dulacre) Zoning District to the PCS (Planned Country Subdivision - 1 dulacre) Zoning District, for the purpose of subdividing the property into 78 Y.i- acre lots for a density of approximately 1 dwelling unit per acre. The three parcels total approximately 77.12 acres of property located in the TVC Overlay Zone on the west side of Johnston Road, approximately Y.i mile north of Indrio Road and approximately 1 mile east of Interstate 95. FUNDS AVAILABLE: N/A PREVIOUS ACTION: RECOMMENDATION: N/A Staff recommends that the Planning and Zoning Commission forward a recommendation of approval of Resolution 08-008, with conditions included, to the Board of County Commissioners. Plannina and ZoninQ Commission: D APPROVED D OTHER D DENIED Form No. 07-28 TO: THROUGH: PREPARED BY: DATE: ITEM: Planning and Zoning Commission Review: January 17, 2008 GROWTH MANAGEMENT DEPARTMENT STAFF REPORT File Number: PUD RZ-620071254 Planning and Zoning Commission Mark Satterlee, AICP, Growth Management Director Kara Wood, TVC Planning Manager December 17, 2007 Petition of F.P. Grove., LLC for a preliminary site plan approval and change in zoning from the AG-1 (Agricultural -1, 1 du/acre) Zoning District to the PCS (Planned Country Subdivision) Zoning District. GENERAL INFORMATION: APPLICANT: AGENT: PHONE: REQUESTED ACTION: PURPOSE: LOCATION: SIZE: ZONING: FUTURE LAND USE: EXISTING USE: F.P. Groves, LLC Houston Cuozzo Group, Inc. 772.221.2128 Preliminary site plan approval and change in zoning from the AG-1 (Agricultural -1, 1 du/acre) Zoning District to the PCS (Planned Country Subdivision) Zoning District. The purpose of the change in zoning is to allow the parcel to be subdivided into 77 %-acre lots, clustered to allow additional open space as required by the PCS zoning district. As stated in the applicant's Justification Statement, "the purpose behind the Fort Pierce Groves pes is to achieve a development of superior quality through creativity, efficient use of the land, and enhancement of neighborhoods.· The parcel is located on the west side of Johnston Road, approximately Yá mile north of Indrio Road and approximately 1 mile east of 1-95.. Approximately 77.72 acres. AG-1 (Agricultural-1, 1 dulacre) RE (Residential, Estate - 1 du/acre) Active and abandoned citrus groves STAFF REPORT DATE: December 17, 2007 Page 1 of 4 APPLICATION NO.: PUD-RZ 620071254 HEARING BODY: Planning & Zoning Commission Form No. 07-15 PREPARED BY: Kara Wood HEARING DATE: January 17. 2008 SURROUNDING PROPERTY North: Zoning: AG-1 (Agricultural - 1 dulac) Future land Use: RE (Residential, Estate) Existing Land Use: Citrus groves South: Zoning: AG-1 (Agricultural-1 dulac) Future Land Use: MXD (Mixed-Use) Existing Land Use: Citrus groves East: Zoning: AG-1 (Agricultural- 1 dulac) Future land Use: RE (Residential, Estate) Existing land Use: Citrus groves West: Zoning: AG-1 (Agricultural- 1 dulac) Future land Use: RE (Residential, Estate) Existing land Use: Citrus groves REZONING APPLICATION FilE DATE: 06.27.07 20 Working Day Limitation Period for Completeness Determination: 07.26.2007 Results: !.. Complete: _ Incomplete: Staff Only Meetings: 08.02.07, 12.06.07 DRC Meeting: 08.23.07 BACKGROUND INFORMAnON: A site plan and rezoning application for Planned Unit Development on this site was originally submitted on June 1, 2006 just after the adoption of the TVC Comprehensive Plan amendments and land development regulations. The application was administratively withdrawn on May 25, 2007 because no re-submittal was made after the June 22, 2006 Development Review Committee comment letter. The applicant submitted a new application on June 27, 2007 with the intent to be consistent with the Planned Country Subdivision requirements of the TVC code. ANALYSIS: Current Zoning: AG-1 (Agricultural- 1 dulac) Proposed Zoning: PCS (Planned Country Subdivision - 1 du/ac) Compliance with Comprehensive Plan: The subject property is located within an area designated as RE (Residential Estates) on the Future land Use Map. The Future Land use Element, Data and Analysis defines the RE (Residential, Estates) area as being intended to ad as a transitional area between the agricultural areas and the more intense residential areas in the eastern portion of the county. It is also, intended for large lot, single-family detached residential dwellings, at a density of one dwelling unit per gross acre. These areas are not required to be served with central utilities; however, when at all practical, service connections should be provided. According to the Future land use element, Data and Analysis, Table 1-3, land Use Designation I Zoning Compatibility Matrix the proposed PCS (Agricultural-1 du/acre) Zoning District is equivalent to the former PUD zoning district, and is considered compatible with the RE (Residential, Estates) land Use Designation. STAFF REPORT DATE: December 17, 2007 Page 2 of 4 APPLICATION NO.: PUD-RZ 620071254 HEARING BODY: Planning & Zoning Commission Form No. 07·15 PREPARED BY: Kara Wood HEARING DATE: January 17. 2008 The subject property is adjacent to AG-1 (Agricultural -1 du/acre) Zoning Districts on all sides. The Future Land Use is RE (Residential Estate) on the west, north and east sides and MXD (Mixed Use, Low Intensity) on the south side extending south to Indrio Road. Under the existing Comprehensive Plan and Land Development Regulations, development in the Residential Estate Future Land Use is limited to 1 du/acre. The Mixed Use Designation is intended to accommodate a residential density of up to 5 du/acre in addition to Institutional, Professional Service/Office, General Commercial and Public Service/Utility uses as identified by the St Lucie County Comprehensive Plan Policy 1.1.7.34 and Figure 1-7a. Compatibility with neighborhood: Surrounding properties are all vacant, planted with citrus groves at various levels of activity. The density of the proposed development is consistent with the existing neighborhood, as well as anticipated future development. The block structure on the south side of the property is intended to be bordered by a complementary row of housing, possibly separated by an alley if appropriate. Development to the north will most likely occur at the same density, and will be buffered by the Flow Way and Countryside along the north property. The Flow Way is designed so that development to the north, west and south can connect their storm water management system in the future. Environmentally Sensitive Areas: According to the Environmental Impact Report, no upland native vegetation, jurisdictional wetlands or protected species exist on the site. The parcel has been planted in citrus for several decades; irrigation canals within the grove will be filled as a result of the project. Environmental Resources Department (ERD) review of the EIR and field ieconnaissance on site confirms this. landscaping: Based on the requirements of Section 3.01.03.EE.2.j, a review of the applicant's Conceptual Landscape Plan reveals that the proposed project may be deficient in the number of street trees provided. Detailed review of final landscape plans will occur at application for Final PCS and include the following analysis of required and proposed plantings: - Required buffers: depth, opacity - Canopy Trees: Height, number, DBH, crown spread - Understory Trees: Height, number, DBH, crown spread - Shrubs: Height, number - Interior Islands: Number/area, planting pattern - Other Landscaping: As deemed necessary Natural Hazards: NIA Historic Buildings: N/A: the subject property is vacant. Archeological Sites: The subject property is not located within the immediate vicinity of an archeological site. The closest archeological site is located approximately ~ mile south of the property along Indrio Road. Traffic Impacts: Existing right-of-way of Johnston Road is 60 feet. Additional right-of-way for future improvements of Johnston Road will be acquired along the eastern border as the west side of the road is bordered by a canal. No additional right-of-way dedication is required. Mass Transit: The street system provided in this development allows for a future interconnected network to surrounding development that could eventually accommodate mass transit in the area. Through street connections into the MXD property to the south that allows for greater residential density, future residents of Fort Pierce Groves could walk or bicycle to potential transit locations. STAFF REPORT DATE: December 17, 2007 Page 3 of 4 APPLICATION NO.: PUD-RZ 620071254 HEARING BODY: Planning & Zoning Commission Form No. 07-15 PREPARED BY: Kara Wood HEARING DATE: January 17. 2008 Parking: On-street and off-street parking is provided according to the requirements of Section 7.06.02.A and 4.04.04.F of the St. Lucie County Land Development Code. storrnwater Management: The subject property is located with the Fort Pierce Farms Water Control District. Storm water will be managed through incremental development of an interconnected navigable Flow Way System as required by Section 3.01.03.EE.2.p. These standards contain increased provisions for littoral zones and wildlife habitat, retention and treatment of stormwater, and recreational and aesthetié value. The following additional permits are required for this development: 1. A St. Lucie County Stormwater Permit is required in accordance with Sections 7.07.00 and 11.05.07 of the S.L.C. Land Development Code prior to any construction or development activity on site. Contact the Code Compliance Division for applications and fees at (772) 462-1553 or go to www.co.st-lucle.f1.us for on-line permit applications. 2. A South Florida Water Management District Environmental Resource Permit is required. 3. A Ft. Pierce Farms Water Control District drainage connection permit is required. 4. A Ft. Pierce Farms Water Control District canal crossing permit is required. Water and Sewer: The one-half acre lots with detached single-family dwellings will be served with on-site well and septic. Park and Recreation: Open space on the site plan is organized to provide clustered areas for native habitat as well as programmed and passive parks within the developed neighborhood. The County Parks and Recreation staff has no comment regarding the proposed project. SUMMARY: Staff Recommendation: Staff has reviewed this petition and determined that it conforms to the standards of review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that the Planning and Zoning Commission forward a recommendation of approval of Resolution 08-008 with included conditions of approval to the Board of County Commissioners. ATTACHMENTS: 1. Exhibit A - Location Maps 2. Exhibit B - 3.01.03(A) AG-1 Zoning District, Existing Zoning Designation 3. Exhibit C - 3.01.03(FF) PCS Zoning District, Requested Zoning Designation 4. Exhibit D - Draft Resolution No. 08-008 5. Exhibit E - Motion for recommendation STAFF REPORT DATE: December 17. 2007 Page 4 of 4 APPLICATION NO.: PUD-RZ 620071254 HEARING BODY: Planning & Zoning Commission Form No. 07-15 PREPARED BY: Kara Wood HEARING DATE: January 17. 2008 Exhibit A Location Maps Staff Report Attachments: Fort Pierce Groves PUD-RZ 620071254 Olœechobee County g ~ " ~ i C... Conol CIlrttonRd need g " ~ i ~ " Header Ca i f. ~ '< ï----------------- I I I I i I I I I I I I I I I I I I I I ~' ./ III I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I , I I I I ;; ~ ~ f ~ ~ s:: "'tJ .. ." l~ C"Tl ." 0 O°:T1 ¡¡¡ ." ;:¡:u .. ~ I ! ~:QG) c oo.z (1) .., CD a ° 11l t~ 3 0)(1)< ~ J\.) (1) o G)(/) !Ô o - tn -...Jar '" ...a.<r 0 ~ J\.)(1)() 01(/) .þ.. A petition of EP. Groves, LLC for proposed Amendment to the Official Zoning Atlas from the AG-1 (Agricultural -1 du/acre) Zoning District to the PCS (Planned County Subdivision) Zoning District. f--~OA~BR:IDG:E:CT I~ CànalNo-:=12 .... :~ I ~ Il -" '<3 III £: ð #.. ¡...----------. -----.....- .... C # .. # , c::: , · ti · c::: · <C · (!) · LU · C ;.J · c::: III · Z 0 · . ~ 0 · ~ · en · z · J: · 0 ;-, · , · \ 500 ft. , .. , .... # .. -----.--- ---..-------- L INDRIO"RD " PUD - RZ 620071254 Legend s¡.-~.-# ~~ 6I¥Wd.M~~ Map prepared December 18. 2007 N .- -- . . 500' notification area C Subject parcel F. P. Groves, LLC PUD - RZ 620071254 Zoning ~G-1 AG-1 ,-JoAkB~IDGIE:CT r' "", I -,- I Q) r, T:1o!>';12 .... ~ rò 1à ~ c:: ¡~I ~ <3' c ~._--...._-- -----..---- a::: *.. , 6 # , a::: # " , " A,... .. :<C A,... ..' "...... . ø r'......- I. W · AG-1 :::J · AG-1 Œl 0 · c :::c: · a::: · z · , · 0 · I- en · z · J: · 0 :"2 . " ~ I , 500 ft. , " # '.. r , .-.-....- -------..---. * AG-1 AG-1 v\j , INDRIO'RD ~ \G-1 AG- Legend AG-1 - Agricultural (1 du/ac) CG - Commercial General S¡;-~~~ _t.f__ Map prepared December 18. 2007 N .. -. . . 500' notification area C Subject parcel F.P. Groves, LLC PUD - RZ 620071254 Land Use RE RE -~~'D~Eel co r. Canal'NŒ"12 ~ ~ a . .1___.&._ rc) ..... ll:I ~ R. ~ lii ¡~I I- U (,,)' ,- ---......-- ------.--.- .... C # ~ a:: , " , , '"'..... ë ....... . .,.... a:: ".... . < · C) · RE LU · C ::.J · a:: CC · Z 0 · ~ · 0 · I- C/J · Z · :I: · 0 =" . , I" . " 500 ft. . ~ , .. II' , .. # ....----- -----------.- MXD MXD MXD 1 INDRIO'RD ""l L- MXD RE Legend RE - Residential estate (1 du/ae) MXD - Mixed Use District 5J';-.,.(-:ø ~~ fll'-lii~-.r~ N .- -. . . SOO' noOflcation area C Subject parcel Map prepared December 18. 2007 F.P. Groves, LLC PUD - RZ 620071254 Legend Aerial flown Dec. 2005 5è ./u.->ú> ¿?_~-'- !iru,.,tli _1./unagnnent :lJ"l'..rtmenJ N 500' notification area r=; Subject parcel Map prepared December 18. 2007 Exhibit B 3.01.03(A) AG-1 Zoning District Existing Zoning Designation Staff Report Attachments: Fort Pierce Groves PUD-RZ 620071254 . 3.01.03 A. 1. ZONING DISTRICTS AG-1 Purpose AGRICULTURAL - 1 - .,.. '. .' . .. ".." The purpose of this district is to provide and 'protect 'an envii"âöinent suitable for productive commercial" agriculture, together~ such other USes as may ~.!'IecèJSS8ry to'and compatible with· productive agricultural surroundings,. AeS!d.en~ial densiUés are'"råStr!ded to a maximum of one (1) dwelling unit per gross acre. The number in ·0· following each identltred' USe corresponds 10 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 Cøde. 2. Permitted Uses a. b. c. d. e. f. g. h. i. j. k. Agricultural production - crops (01) Agricultural production - livestock & animal specialties (llZ) Agricultural services (07) Family day car.e homes. III) . ,.: Family resitHÍlÎUal homes provided th~ such homes shå/l noi' bè 1000íéd'wfthln å radius of òoe thousand (1,000) feet ~f another .existing such family resldentl~ home and provided that the sponsoring agency or Departrilent of HealÜi and Aeh~irltãtiv~ Services (HAS) nollfles the B~{d of C9un.ty CommiSsioners at the time of home occµpaÌ1cy that the home is licensed by HAS. ÍØÌiøl . . . . " FIShing, hunting & trapping (OIl) Forestry (D8 Kennels. (D75Z Research Facilities, Noncommercial (1733) Riding stables. ~) '. . Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional'Regula1ions Dimensional requirements shall be In accordance with Table 1 in Section 7.04.00. 5. Öff-street Parking and Loading Requirements Off-street parking and loading requirements are subject 10 Section 7.06.00. 6. landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Agricultural labor housing. III) b. Aircraf1 storage and equipment maintenance. (.f581' c. Airports and flying, landing, and takeoff fields. (4581) s~ L.ucIe~1,ancl~Cocle AdopIIod August 1. 19110 . .. .... h· ~.. . .~,.... 3-5 ~Tiwaugh~ d Family residential homes located wilhïn-a radius of one thousand (1,000) feet of another such famDy residential home. lll9lIJ e. Farm products warehousing and storage. 1-114222) 1. Gasoline service stations. lSt1) g. Industrial wastewater disposal. IlI8) h. Manufacturing: (1) Agricultural chemicals 217) (2) . f=oòd & kindred producls . (3) lumber & wood produCts, except fumiture·24) l. Mining and·quarrying of nonrrietàJlc minerals, except fuels. 11.) J. Retail trødè: (1) Fann equipment and related aCCe$Sorles. ..., (2) Apparel & accessory stores. 51) k. Sewage disposal subject to the requirements of Section 7.1 0.13. læø) . I. Telecommuni~~on Towers - subject to the standards of Section 7.10.23 _ m. Camps - sporting and recreational..(7D'I2) . : 8. Acce~sory Uses AccessQl)'.µ~~ are. ~bJect to .the requirements of Sèction 8.00.00,:and ~~ude:the follòwing,: . . I. .' . a. Mobile homes'suþ)eci to the reqUfr'emen~ of SectIon 7.10.05. . b. .. Retail trad~ and wholesale trade - subordinate to the· primary autho~d use or activiiy. c. Guest house subject to the requirements of Sedron 7.10.04. (9llII) ." :. " - ", ",.. .' ..: . '. 51. ~ c-.., Land Devllo,..;_. Cade ~Aupal1.181O 3-6 " : ~'-lThri"JgÎt o5tIs.v:è Exhibit C 3.01.03(FF) pes Zoning District Requested Zoning Designation Staff Report Attachments: Fort Pierce Groves PUD-RZ 620071254 FF. PCS (PLANNED COUNTRY SUBDIVISION) 1. PURPOSE The Planned Country Subdivision (PCS) district provides a specialized zoning district to accommodate landowners who choose to subdivide their land into individual home sites using the tFaA&feFa91e ootential development value assigned to that land by the Future Land Use Mac. The PCS district may only be used on land outside the Urban Service Boundary land but within the TVC ~esigRaliaR 91'1 the Fyt'Fe laRs Use Map sf the St. lYsie CaYAly Cempr:eheAsive PleA Overlay Zone. 2. STANDARDS AND REQUIREMENTS Standards and requirements for Planned Country Subdivisions shall be as follows: a. PERMITTED USES Unless otherwise specified by the Board of County Commissioners during the approval process, the same permitted and accessory uses allowed in the Agricultural Resi~eAtial1 (AR-AG-1) zoning district shall apply to the PCS zoning district. An applicant for PCS zoning may request additional uses or propose restrictions beyond those in the AR-&Z -1 zoning district by providing a complete identification of all intended land uses with the pes application. These uses should be selected from the lists of permitted, conditional, and accessory uses in this code and must be consistent with the TVC ¡lemeAl af tAe St. lysie CaYAty CempFØt-IeAsi\'e PieR Overlay Zone. If the PCS approval includes any change to the permitted and accessory uses that are allowed in the AR-AG -1 zoning district, that change will be made by the Board of County Commissioners during the approval process. b. SIZE A Planned Country Subdivision must be a minimum of 5 contiguous acres under common ownership or control aAd may Rat ge 1:l6e~ fer par-G9ls that eXGee~ 599 aGres (see Palisy 3.1.2.7 sf the TVC ¡lemeRt). c. DENSITY The maximum residential density for a parcel being rezoned to the PCS district is determined by the TFaAsteFa91e De\'eJepmeAt Vah:le Map (Figyr.e 3 3) aR~ Pelicy 3.1.2.5 sf tt:le TVC Ii5lement develocment Dotential indicated on the Future Land Use MaD. The TOR program in Section 4.04.05 of this Code may not be used to transfer density to or from land zoned PCS; the 9Rly eJ(6Øptian is 'ftA:!eR the PCS 2eRiRg ~istFiElt is Yse~ iA aSGeÆlaAGe \fAtt:l SestieA <1.9<1.01.D.3. d. DIMENSIONAL REQUIREMENTS Unless otherwise specified by the Board of County Commissioners during the approval process, the following dimensional regulations shall apply to residential lots in the PCS zoning district: ORDINANCE 07-055 ADOPTED 11.20.07 1112612007 87 (1 ) Minimum lot size, width, road frontage. yard, height, and lot coverage shall be the same as applies to the Residential Estate·2 (RE-2) zoning district, see Table 7-10 and Section 7.04.01. Minimum building/structure elevations as established by Section 7.04.01.C may not be altered. The building spacing formula in Section 7.04.03 does not apply in PCS districts. The base building line setback requirements of Section 7.04.04 must be observed by all development in PCS districts. Residential buildings on individual lots must meet the garage standards in Section 4.04.04.F. (2) (3) (4) (5) e. REGIONAL FLOW WAY SYSTEM New development must provide water management in the form of an interconnected system consistent with and connected, if possible, to the Flow Way System as described in Section 3.01.03.EE.2.p). f. COMPATIBILITY Applications for PCS zoning must not be incompatible with existing and planned adjoining uses of land. The PCS district should oenerallv conform to the Edoe. Frinoe and Rural transect zones as defined bv this code and as their associated standards and reauirements are aoolicable to the PCS district. Compatibility will be determined by the Board of County Commissioners during the preliminary approval stage. g. STREET NETWORK Applications for PCS zoning that propose 25 or more lots must provide at least two points of vehicular access not be restricted by gates and must provide an interconnected street network as described in Section 3.01.03.EE.2.ki-1. The proposed development plan must also accommodate the Future Street Network Plan (see Section 4.04.04.B). h. URBAN SERVICES In accordance with Pelisy 3.1.2.8 at the TVC the RE desi¡:mation in the Future Land Use Element, properties rezoned to the PCS zoning district are not eligible for urban services. The only exception is when the PCS 28RiRg distFist is loIsed Urban Service Boundary is moved in accordance with SeEltieR <1.Q<1.Q<1.D.3 Policv 1.1.5.1 of the Comorehensive Plan. i. NATURAL FEATURES In addition to complying with the Resource Protection Standards in Chapter VI, native trees and vegetation and other natural features must be preserved to the extent practicable. j. OPEN SPACE STANDARDS 11/2612007 ORDINANCE 07-055 ADOPTED 11.20.07 88 In addition to the general open space guidelines in Section 7.04.02.8, applications for PCS zoning must comply with the open space standards for Planned Unit Developments in Residential Future land Use Categories as found in Section 7.01.03.1.1.a. k. PHASING Applications for PCS zoning must propose only a single phase of development. I. LIGHTING All lighting facilities shall be arranged in such a manner so as to prevent direct glare or hazardous inteñerence of any kind to adjoining streets or properties. m. SIGNS Permanent and temporary signs within any Planned Country Subdivision shall comply with the provisions of Chapter IX of this Code as they apply to the Residential Estate-2 (RE-2) zoning district. 3. APPROVAL PROCESS The approval process and submittal requirements for the Planned Country Subdivision district shall be as provided in Chapter XI for Planned Developments, except that the approval of final site plans shall be administrative and shall not require the public hearing described in Section 11.02.05.8.4 or the public notices described in Section 11.00.03. ORDINANCE 07-055 ADOPTED 11.20.07 1112612007 89 Exhibit D Draft Resolution No. 08-008 Staff Report Attachments: Fort Pierce Groves PUD-RZ 620071254 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 RESOLUTION NO.OS-DOS FILE NO.: PUD-RZ 820071254 A RESOLUTION GRANTING A CHANGE IN ZONING FOR 77.82 ACRES OF LAND LOCATED ON THE WEST SIDE OF JOHNSTON ROAD, APPROXIMATELY "/z MILE NORTH OF INDRIO ROAD AND APPROXIMATELY 1 MILE EAST OF INTERSTATE 95 FROM THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE PCS (PLANNED COUNTRY SUBDIVISION) ZONING DISTRICT FOR THE PURPOSE OF SUBDIVIDING THE PROPERTY INTO 78 "/z-ACRE LOTS 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. F.P. Groves. LLC presented a petition for a change in zoning from the AG-1 (Agricultural - 1 du/ac) Zoning District to the PCS (Planned Country Subdivision) Zoning District for the project to be known as Fort Pierce Groves consisting of 78 single-family lots to be located on 77.82 acres of property on the west side of Johnston Road, approximately % mile north of Indrio Road and approximately 1 mile east of Interstate 95 as depicted on the maps attached as Exhibit "A" and described below. 2. The Development Review Committee has reviewed the Preliminary Planned Country Subdivision site plan for the proposed project and found it to meet minimum technical requirements of the St. Lucie County Land Development Code and to be consistent with the future land use maps from the St. Lucie County ComprehenSive Plan, subject to the conditions set forth in Part A of this Resolution. The proposed project is consistent with the general purpose, goals, objectives and standards of review of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 3. On January 17, 2008, 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 a change in zoning from the AG-1 (Agricultural - 1 dulac) Zoning District to the PCS (Planned Country Subdivision) Zoning District. 4. On February 19, 2008, 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. File No.: PUD-RZ 620071254 February 19, 2008 Resolution No.: 08-008 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 5. The proposed project will not have an undue adverse affect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities or other matters affecting public health, safety, and general welfare. 6. All reasonable steps have been taken to minimize any adverse effect on the proposed project and the immediate vicinity through building design, site design, landscaping and screening. 7. The proposed project will be constructed, arranged and operated so as to not interfere with the development and use of neighboring property, in accordance with applicable district regulations. 8. The single-family units of the proposed project will be served by individual well and septic and St. Lucie County Utilities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Preliminary Planned Country Subdivision plan for the project to be known as Fort Pierce Groves - Planned Country Subdivision is hereby approved as depicted on the site plan drawings for the project prepared by Houston Cuozzo Group, Inc., dated January 31, 2006, last revised November 19, 2007, and date stamped received by the St. Lucie County Growth Management Director on November 19, 2007, subject to the following conditions: 1. No final site plan construction Development Permits shall be issued by St. Lucie County until complete sets of sealed constructible final engineering plans, supporting calculations, lot size data, and survey data for all site work and offsite improvements are submitted to the County and approved by the Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, St. Lucie County Fire District, and any other agency or County Department that may be determined by the Director of Growth Management to be necessarily involved in the review and approval of the constructible final engineering plans for the site work and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. 2. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned Country Subdivision, the developers, their successor or assigns, shall submit to St. Lucie County Environmental Resources Department all correspondence with jurisdictional agencies such as FWC (Florida Fish and Wildlife Conservation Commission) and USFWS (United States Fish & Wildlife Service). File No.: PUD-RZ 620071254 February 19. 2008 Resolution No.: 08-008 Page 2 :1 3. Prior to the issuance of any building permits or vegetation removal permits for any 2 portion of the Fort Pierce Groves site, the developers, their successor or assigns, 3 shall submit a silt fence and barricading plan to St. Lucie County Environmental 4 Resources Department. 5 6 4. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned 7 Country Subdivision, the developers, their successor or assigns, shall submit to St. 8 Lucie County Environmental Resources Department a Declaration of Covenance 9 and Restrictions to provide for use and maintenance of the common open space :10 areas and identifying the responsible party for this maintenance and oversight. 11 12 5. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned J.3 Country Subdivision, the developers, their successor or assigns, shall submit to St. J.4 Lucie County Environmental Resources Department a final landscape plan for :15 review of consistency with all applicable provisions of the Land Development 16 Regulations. 17 18 6. Prior to the issuance of final site plan approval for the Fort Pierce Groves Planned :19 Country Subdivision, the developers, their successor or assigns, shall submit the 20 following to St. Lucie County Growth Management Department: 2J. a. plan and elevation drawings of a garden wall and landscaping to 22 demonstrate a visual barrier between rear property lines and the Garden 23 Walk around the central Community Green as labeled on the approved 24 preliminary site plan, 25 b. detailed landscape plans that demonstrate a visual barrier between rear 26 property lines and the northem open space and flow way area, and 27 c. detailed landscape plans that demonstrate a visual barrier between rear 28 and side property lines and the eastern open space and flow way area. 29 d. detailed landscape andlor garden wall plans that demonstrate a visual 30 barrier along side property lines that border mid-block Pedestrian Paths as 31 labeled on the approved preliminary site plan. 32 33 7. Prior to the issuance of any building permits or vegetation removal permits for any 34 portion of the Fort Pierce Groves site, the developers, their successor or assigns, 35 shall submit to St. Lucie County Growth Management and Environmental 36 Resources Departments a final and approved Plat clearly delineating the open 37 space and flow way areas in its entirety or as a separate tract. 38 39 8. Prior to the issuance of any building permits or vegetation removal permits for any 40 portion of the Fort Pierce Groves site, the developers, their successor or assigns, 4J. shall submit to St. Lucie County Environmental Resources Department a final, 42 recorded Conservation Easement dedicated to, or made in favor of, the County 43 and clearly identifying the open space and flow way tract. 44 45 9. Prior to the issuance of any building permits or vegetation removal permits for any 46 portion of the Fort Pierce Groves site, the developers, their successor or assigns, File No.: PUD-RZ 620071254 February 19, 2008 Resolution No.: 08-008 Page 3 1 shall submit to St. Lucie County Environmental Resources Department 2 Homeowners Association guidelines or Declaration of Covanence documents for 3 approval. The guidelines, at a minimum, should specify restrictions on any 4 encroachment into the preserve areas as well as restrictions on vegetation 5 removal in the preserve areas, common areas, and littoral zones. At a minimum 6 the documents shall include: 7 a. Language which notifies prospective property owners that the property . 8 includes preservation areas which are protected under conservation 9 easements: and: 10 b. Language which informs the prospective property owners that the 11 preservation areas may not be altered from their natural! permitted 12 condition with the exception of exotic vegetation removal, or restoration in 13 accordance with the preserve area management plan that shall be 14 referenced here and within the conservation easement. 15 16 10. Prior to the issuance offinal site plan approval for the Fort Pierce Groves Planned 17 Country Subdivision, the developers, their successor or assigns shall submit to Sl 18 Lucie County Growth Management Department a detail of the 5' unpaved trail 19 within the open space and flow way tract to verify conformance with the Americans 20 with Disabilities Act Accessibility Guidelines (ADAAG). 21 22 11. Prior to the issuance of final site plan approval for the Fort Pierce Groves 23 Planned Country Subdivision, the developers, their successor or assigns shall 24 submit to St. Lucie County Growth Management a revised site plan showing the 25 proposed location of model homes, including the parking and landscaping 26 details, and details demonstrating that entry signage meets the standards of 27 Chapter 9 of the Land Development Code. 28 29 12. Prior to the issuance of final site plan approval for the Fort Pierce Groves 30 Planned Country Subdivision, the developers, their successor or assigns shall 31 submit to St. Lucie County Property Acquisitions revised street names for 32 approval. Final site plan documents shall reflect approved street names. 33 34 13. Prior to the issuance of final site plan approval for the Fort Pierce Groves 35 Planned Country Subdivision, the developers, their successor or assigns shall 36 submit to St. Lucie County Growth Management draft Homeowners Association 37 documents that disclose the location of the airport to potential buyers and 38 indicate that aircraft will be operating in the area with noise and vibrations 39 resulting from overflights. 40 41 14. Prior to the issuance of any Certificates of Occupancy, a six-foot wide sidewalk 42 shall be constructed along Johnston Road for that portion of the right-of-way 43 abutting the project. 44 45 15. The hours of operation for construction activities shall be limited to the time period 46 from 7:00 A.M. to 5:30 P.M., Monday through Friday, 7:00 A.M. to 1 :00 P.M. File No.: PUD-RZ 620071254 February 19,2008 Resolution No.: 08-008 Page 4 1 :2 3 4 5 6 7 B. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Saturday and no work on Sundays. No construction shall take place on Federal Holidays. The hours of operation restrictions do not apply to sales activities. In the event the County adopts uniform hours of operation for construction activities that apply county wide, then such hours of operation shall supersede the hours of operation set forth. The property on which this Planned Country Subdivision is being approved is desaibed as follows: PARCEL I: THE SOUTH Y. OF THE SOUTH Y. OF THE SOUTHWEST y., OF THE SOUTHEAST V. OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL II: THE NORTH Y. OF THE SOUTH YI OF THE SOUTHWEST y., OF THE SOUTHEAST %¡ THE SOUTH Y. OF THE NORTH Y. OF THE SOUTHWEST Y. OF THE SOUTHEAST V.¡ AND THE SOUTHEAST Y. OF THE SOUTHEAST Y., ALL IN SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. PARCEL III: THE NORTH Y. OF THE NORTH % OF THE SOUTHWEST y., OF THE SOUTHEAST % OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING FROM THE ABOVE THREE PARCELS, ALL RIGHT OF WAY FOR DRAINAGE CANALS AND PUBLIC ROADS. CONTAINING 77.81 ACRES MORE OR LESS. (Location: west side of Johnston Road, approximately ~ mile north of Indrio Road and approximately 1 mile east of Interstate 95) Resolution No.: 08-008 Page 5 File No.: PUD-RZ 620071254 February 19. 2008 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 C. The St. Lucie County Growth Management 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 Joseph E. Smith xxx XXX XXX XXX XXX Vice-Chairman Paula A. Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft PASSED AND DULY ADOPTED This 19th Day of February, 2008. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: Deputy Clerk County Attomey kyw File Name: Resolution 08-008 Fort Pierce Groves File No.: PUD-RZ 620071254 February 19, 2008 Resolution No.: 08-008 Page 6 Exhibit E Motion for recommendation Staff Report Attachments: Fort Pierce Groves PUD-RZ 620071254 Suggested motion to recommend approvaVdenial MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING APPROVAL OF THE APPLICATION OF F.P. GROVES, LLC FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AG-1 (AGRICULTURAL -1. 1 DUlACRE) ZONING DISTRICT TO THE PCS (PLANNED COUNTRY SUBDIVISION) ZONING DISTRICT, BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPLICATION OF F.P. GROVES, LLC FOR AN AMENDMENT TO THE OFFICIAL ZONING ATLAS TO CHANGE THE ZONING FROM THE AG-1 (AGRICULTURAL -1, 1 DUlACRE) ZONING DISTRICT TO THE PCS (PLANNED COUNTRY SUBDIVISION) ZONING DISTRICT, BECAUSE ... [CITE REASON WHY - PLEASE BE SPECIFIC) Staff Report Attachments: Fort Pierce Groves PUD-RZ 620071254 OFFICE USE ON¡., Y . -" . DATE FILED: "-~7-~OO'1 SPNUMBER:1'ûD·· °z-b2' . ,. ¥ REVIEW FEE: ,A1J/ . N1 RECEIPT NO: q¡;./) I RESOLUTION NO: CONCURRENCY FEE: .~ '!!' RECEIPT NO: .;z CERT. CAPACITY NO: ·S'T.4ddE I'[e COUNTY r I 0 II I D ~.''''~.. .....- ,'\ ---- ST. LUCIE COUNTY C") ;::; ......., GROWTH MANAGEMENT DEPTARMENT 0 "t'"j :5 2300 VIRGINIA AVENUE :::E;-i ....... :"-TJ FoaT PIERCE, FL 34982-5652 :i r--?': rn 772-462-2822 ::;:: 25::~ () ):> iTï ~ rn APPLICA~FOR CHANGE IN ZONING TO PLANNED DEviHt)l;~IEQ' ~PNRD, PMUD) and CERTIFICATE OF CAPAC~ <;:;> gj r'l -< DIRECTIONS ~ ~ Please complete the requested infonnation and submit all items to the St. Lucie County Growth Management Department, 2300 Virginia Avenue, F1. Pierce, FL 34982. The proper non-refundable application fee must accompany all applications. For assistance in submitting the application. please contact the 81. Lucie County Growth Management Department, Planning Division. REVIEW FEES and THRESHOLDS PRELIMINARY PLAN FINAL PLAN Required Review Less th8JI 20 $ 1500.00 $ 500.00 + $5.00 per acre over 50 acres Fee acres , 20 acres to 49 S 1,800.00 acres 50 + acres S 2,000.00 + $ 5,00 per acre over 50 acres ~JJ/tJ, ,..! - Concurrency Fee C L "S2oo.0lL,/ S 250.00 Minimum Size PUD 5 contiguous acres of land under common ownership or control PNRD In Residential Land Use 10.000 square feet minimum lot size (under common ownership or control) In Commercial Land Use 20.000 square feet minimum lot size (under common ownership or control) In IndusÞial Land Use 20.000 square feet minimum lot size (under common ownership or control) In Mixed Land Use 20.000 square feet minimum lot size (under common ownership or cootrol) PMUD I acre of land per proposed land use within a Pl8JIned Mixed Use Development under common ownership or control Plat Fee (no N/A $250.00 improvements) ~ Planned Development Extension I $300.00 Initial submission shall include the following: I) One (1) original of the completed site plan application. 2) Twenty (20) copies of the site plan graphics. (24 inches by 36 inches sheets) 3) Twenty (20) copies of the landscape plan. 4) Twenty (20) copies of the required boundary and topographic survey. 5) Five (5) copies of the Transportation Impact Report (if applicable). 6) Five (5) copies of the Environmental Impact Report (if applicable). 7) Five (5) copies of the Preliminary Drainage Data. 8) Two (2) copies of Aerial. 9) One (1) copy of the 81. Lucie County Property Appraiser Tax Map (Scale I :200) with property under petition highlighted AU applications for a Planned Development must be completed and filed with the Department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. PROJECT INFORMATION LOCATIONISITE ADDRESS N side ofIndrio Road and W side of Johnston Road. PUDIPNRDIPMUD NAME Fort Pierce Groves PROPERTY TAX ID NUMBERS 1309-431-0001-000/2 LEGAL DESCRIPTION (attach extra sheets if See attached Exlubit "A" necessary) SECTION I 09 TOWNSHIP 345 RANGE 39E PARCEL SIZE ACRES 77.81 SQUARE FOOTAGE 3,389,404 ZONING DISTRICT AG-I (Agricultural- I dulac) LAND USE CLASSIFICATION RE (Residential . Estate) DESCRIPTION OF This application is for a Planned Countryside Subdivision (PeS) rezoning for a 78-acre site located on the north PROJECT side oflndrio Road and west side of Johnston Road. The site's existing land use is RE (Residential Estate) and it has an AG-I (Agricultural) zoning designation, which allows for development at a density of one unit per acre. The proposed density for the community is 1.0 unit per acre (78 single-family lots). No density increase through a , land use amendment is being requested. By utilizing the PCS process, more than 35% of the site will be set-aside as open space, including a comprehensive stonnWater management system that will be designed to substantially improve the sites water quality condition. One-half acre lots are proposed in a clustered fashion to allow for l!reater ODen snace. TYPE OF [ Xl RESIDENTIAL NUMBER OF 78 CONSTRUCTION RESIDENTIAL (Check all appropriate UNITS/SUBDIVIDED boxes) LOTS [ ] COMMERCIAL TOTAL SQUARE FOOTAGE [ ] INDUSTRIAL TOTAL SQUARE FOOTAGE [ ] OTHER (PLEASE SPECIFY) NUMBER AND SIZE N/A OF OUTPARCELS (IF APPLICABLE) DESCRlBETHE This application is for a Planned Countryside Subdivision (PCS) rezoning for a 78-acre site located on the north REASON FOR THE side of Indrio Road and west side of Johnston Road. The site's existing land use is RE (Residential Estate) and it REQUESTED CHANGE has an AG- I (Agricultural) zoning designation, which allows for development at a density of one unit per acre. IN WNING The proposed density for the community is 1.0 unit per acre (78 single-family lots). No density increase through a land use amendment is being requested. By utilizing the PCS process, more than 35% of the site will be set-aside as open space, including a comprehensive stonnwater management system that will be designed to substantially improve the sites water quality condition. One-half acre lots are proposed in a clustered fashion to allow for greater open space. If the PCS process were not utilized minimum lot sizes would be one acre, common open space would not be reQuired, and the storm water system would likely be ftaJ!ll1Cnted and isolated. IS THE PROPOSED REZONING IN CONFLICT WITH ANY PORTION OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE OR THE ST. LUCIE COUNTY COMPREHENSIVE PLAN? No. The lOlloWIng ìnlormauon you proVlo\;; IS very JmponaDt m OeterlDlDlng Ine OUII:UD&&; .,. yuur ...12u11111l n:..u...... ....8 n:qu.."" by the St. Lude Land Development Code that appropriate findings be made to justify a Rezoning approval. Please use additional pages, If necessary, to justiry your request. 1.) Describe the reason for the requested change in zoning: This application is for a Planned CountrYside Subdivision (PCS) rezoning for a 78-acre site located on the north side ofTndrio Road and on the west side of Johnston Road. The site's existin2land use is RE (Residential Estate) and it has an AGol (A~cultural) ZOnin2 desilZDlltion. which allows for the develonment of one-acre lots at a densitv of one unit net acre. The pro.posed density for the commnnitv is 1.0 unit net acre (78 sin21e-familv lots). No densitv increase throu2h a land use ameudment is beinR requested. By utilizing the PCS procesi. 35% of the site will be set-aside as ODell Sl'ace. including a conmrehensive stormwater maDa2ement svstem that will be desismed to substantially i11llVove the sites water aualitv condition. One-balf acre lots are pronosed in 8 clustered fashion to allow for 2reater D1'eD Sl'acc. If the PCS nrocess were not utili7.ed minimum lot sizes would be one acre. comnvm ODell mace would not be reauired. and the storm water system would likely be fral!lDented and isolated. 2.) Is the proposed rezoning in conflict with any portion of the S1. Lucie County Land Development Code or the St. Lucie County Comprehensive Plan? No. The Dr01lOsed PCS rezoninl! is requested to achieve consistency with the TVC. CODlPrehensive Plan and St. Lucie Countv Land Develonment Code. 3.) How is the proposed change in zoning compatible with the existing uses in the area? The proposed PCS will have a 2J'OSS densitv of 1 dwellin2 unit/per acre. which is consistent with the existin2 AGol Zonin2 District and the RE Land Use Designation on the subiect nronertv. Most of this area of the countv has the AG-l Zoninl! Desi2Dlltion and the RE Land Use Desi2Dlltion. 4.) How is the proposed change in zoning compatible with the Land Use designation on this property? This 8DDlication is for a Planned Countryside Subdivision (PCS) rezonin2 for a 78-acre site located on the north side of Indrio Road and on the west side of Johnston Road. The site's existin2 land use is RE (Residential Estate) and it has an AG-l (Allri.cuItura1) zoninl! desi2Dlltion. which allows for the development of one-acre lots at a densitv of one unit net acre. The proposed density for the communitv is 1.0 unit net acre (78 single-familv lots). No densitv increase tbrou2h a land use amendment is being requested. By utilizin2 th~ PCS Dracess. 35% of the site will be set-aside as D1'eD space. includin2 a conmrehensive stormwater maDa!!ement svstem that will be desil!Ded to substantially imDrove the sites water qualitv condition. One-half acre lots are Dl"(1)Osed in a clustered fashion to allow for ~eater open space. If the PCS orocess were not utilized minimum lot sizes would be one acre. common onen space would not be required. and the storm water svstem would likelv be fratrmented and isolated. 5.) What conditions have changed in the immediate area that warrants consideration of this change in zoning? The Fort Pierce Groves PCS Master Plan has been designed to incor,porate the elements of the not vet ado.pted TVC Element. We have nrovided walkable blocks. an interconnected network of public streets. nei2hborhood !!reen areas. sidewalks. and street trees. We believe this is consistent with the vision of local residents for connectivitv and cODlPatibilitv with adiacent develoDment as conveved throul!h the North Countv Charrette and the TVC Element. 6.) What are the anticipated impacts of the proposed rezoning on the existing and future public facilities in this area? The Fort Pierce Groves PCS Master Plan has been desil!Ded so there will be no net nublic cost for the Drovision of stonn and surface drains!!e systems. and other utilitv systems. The nroiect mOlloses to have on-site well and sentic services. 7.) What are the anticipated environmental impacts of the proposed rezoning? If no adverse impacts are anticipated, please explain why? There are no adverse imoacts anticioated. There is no upland native vegetation onsite and a maioritv of the site has been ißU'8cted bv intense a~cuIture for several decades. 8.) Will the proposed rezoning result in an orderly and logical development pattern? Please explain. Yes. The Fort Pierce Groves plan is based on the site's DreSent land use and Z0DÎn2 designation of one unit per acre. A Planned CountrYside Subdivision (PCS) rezonini is requested to allow for a more creative use of the Dro.pertv. incluClinl! the c1usterin!! of one- half acre lots. efficient and effective sitine of public open SDace. ST. LUCIE COUNTY APPLICATION FOR PLANNED DEVELOPMENT CHECKLIST Have you shown or provided the foUowing required information: BOUNDARY & TOPOGRAPmC INFORMATION: (Refer to Section 11.02.09(A)(2), St. Lucie County Land DevelOpment Code) Yes No Aerial Photograph (subject property highlighted)' X Location Sketch X BoundaryffOpOgraphic Survey X Positive Outfall X Floodplain X Drainage Basin Boundaries X Preliminary, SFWMD Permit Data X SITE PLAN INFORMATION: (Refer to Section 11.02.09(A)(3), S1. Lucie County Land Development Code) Yes No Yes No Location, Dimension, and Setbacks for all buildings X Parking & Loading Areas X Identification of maximum buildable area under review X WatertW astewater Facilities X Identification of all easements X Identification of all Drainage Facilities X Identification of adjacent driveways X Location of all streets X Location of all Open spaces X Landscaping Plan X Lighting Plan X Phasing Plan X Transportation Impact Report X Environmental Impact Report X Vegetation Removal Plan X Sea Turtle Protection Plan X If you answered!!2 to any of the above questions, please explain in the space below: The proiect will be built in one phase. so no Phasing Plan is included. The site is not along the barrier island. so therefore a Sea Turtle Protection Plan is not required. SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does DOt CODItituœ the ¡rantiag of approval. All appropriate œql1irements must be met prior to ·tbis project beiDg presented tbr approval to the appropriate lIDIharity. St. Lucie CoUDty relelVeI the right to request sdditloual infonnation to emure a complete review of tbil project. ACKNOWLEDGMENTS AppUCUlt InfllrmatloD (property Developer) Name: ÁP. r; ¡¿or/M. L-Ll!", Addrus: '13 S ÅL-¿~ 2.)ht.. A't/¿;. ~ ~lt(l.Pl, ~9~ Pile. '11oS)t.'1Þ.~'J31 FU{~ Y/..-co,;¡o All!Bt Ial'ormatl.. NlIDII: HOUIbIII C'!II""" OmuD. Inc. Add....: 2400 SB FI!dmù HiRhwav. &rill! 310 Slwut. FL 34994 Phone: (772l22I-21211 Fu: (,77~l221-O788 Property OwDer InformatlDD ThÌl application will not be ClIIlIidered complete without the nolarlzcd 1ipllltW'e of all Drooertv DWRm"II or reeorcL which nil llel'Vl! 15 IIØ acknowJed¡mat or the IUbmillion oIthil8pplieatlon tilr Ii. plm lIpJlI'OYBI. The properly owner'llIsnalun below shllll also Il!I"ft III aulhDrizatlOIl ror:~ ~,IpP17J« qent 10 aat on behalCot.id property owner. ~,IlÂð. ..,., -/ J.P. G,LaVÚ) LLL. Property 0-.. Sip_tun Property Owner Name (please Print) MalUalAddresl: ')..~5 A-U'.4~ AV¿. ··.~:1i!#f:::;i~l' y STATE OF FLORIDA COUNTY OF ~ OFFICI Un: ONLY The fDrcsoina iøstrument was ackaowledpd beftlre rœ this 2:1 ~ ProjllClt Reviewer: dayof' ';S'IA.""E: ,:zoO$' .byM.'LHPrliLS.~ DRCReview: who Is personally known to me Dr who h. praduciã' Approval Date: ~~ . - úC¡t1~¡:;ere b Type or Print aine orNolary Nol8rv Public Title Commiaion Number (Seal) NOTARY PUBLIC. STATE OF FLORIDA ~."',""",~ IJany Perez \_ JCommiasiOll IDD622371 "",...",'" Expires: DEe. 13, 2010 BONDED TllRU ATLANTIc BONDING co., N( -BOARD OF COUNTY COMMISSIONERS GROWTH MANAGEME~ December 27, 2007 Joe Smith 1800 Anywhere DR. Anywhere. FL 34982 USA In acc:ordaDce with d1D 8t. Lueic County Land DcveIopmeDt Code, you 11M bcrcby adviIod that FoP. Grovel, LLC bas pctiti.oDed St. Lucie County for a J11'ClPC*d Cbange in for 77.72 aCßll orland parcel ftom tbe AO - 1 (Agricultural- 1 dulac:re) Zoning District to the PCS (P1aImed Country Subdiviaion) Zoning DilItric:t for the fonOWÜlg described property: Location: West side cI Johnston Road, approximately 1/2 mile north of Indrio Road and approximately 1 mile east of Interstate 95) LEGAL DESCRIPTION: PARl'!RT I: THB SOUIH 1/2 OF mE SOUIH 1/2 OF THB SOIITHWBST 1/4 OF nœ SOunmAST 1/4 OF SBCnON 9, TOWNSHIP 34 SCum, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA PARCEL n: mE NORlH 1/2 OF THE scum 1/2 OF nœ SOUTHWEST 1/4 OF nœ SOU1HBAST 1/4; TIm SOUI'H 1/2 OF TIlE NORm 1/2 OF THE SOUTIIWEST 1/4 OF THE SOUlHEAST 1/4; AND 1lIB SOUl'HBAST 1/4 OF THE SOUTHEAST 1/4, AllIN SBCTION 9, TOWNSHIP 34 scum, RANGB 39 EAST, ST. LUCIE COUNIY, FLORIDA. PARCEL ill: lHB NORm 1/2 OF nœ NORm 1/2 OF 1HB SOUTHWEST 1/4 OF 1HB SOUTßBAST 1/4 OF SECTION 9, TOWNSHIP 34 scum, RANGE 39 BAST, ST. WCIE COUNTY, FLORIDA. LESS AND EXCEPTING FROM mE ABOVE TIIRBB PARCELS, ALL RIGHT - OF - WAY FOR DRAlNAGB CANALS AND PUBUC ROADS. CONTAINING 77.72 ACRES MORE OR LESS. The PlaDDing 8Dd Zoning Commiasionpllblû: '-'iBg... ... NIIItlM will be M141116:11 P.M., ",...,."" tIu!twIfter.. pøøi/IIø, (II 7'1ø1niq, J....-y 17, ZIIIM. CoitaO' OmrilJløItNrør'. a..dwn, St LIIck CtJrutor ÄtlIIIIId8Irr1ti" 1IIIII#IbIg ÅIIJrø, 2311 Jr7IrIåt Ä.... FIIIt PWœ, ~ A11.intetested per-... wm be given an opportunity to be heard at that time. Written COIDI1IeDlII n:ccived in advance of the public heariDg Will abo be <XlIIIkIemi. The County PJamúDg Division øhould RlCeÍVe writœn COI'Ul~ 10 the Planning and 2'œing CoDDnÎllliOD at least 3 days prior to a sc.bedu1cd hearing. County policy strongly eocouragos your input and conuncut at the public: beariøg of thia matter before 1hc PIaJming 8Dd ZoDiug Commil8Îœ aud County Cormrúsaion, ratha' than by con1act outside of the achedJlled public hearing(s). We encourage you to speak at tbeøe public bIlariDgs, or provide wri1IeD Cuúb....... fur the ncorcI. The proc:ecdings of the P1annius and Zoning Comml.ion are eJeclnmically rooordcd. If a penon decidcø to appeal any decision made by the PIamúng lIJld 2'.onins ComrnWrinn with raspect to any mat1Ilr 00IIIidcred at such meeting or hcariDg, be or abc will need a RlCOI'd of the procecdi'V. For auch pmposc; be 01' øbc may need to llIISlJI'e that a vematim record of 1he pnv-fi'W' is made, which m:onl includes the 1estimony and evidence upon whid1 the appeal is to be bescd. Upon the request of any party to the ~irl& iDdividua1s tcstif'yiDg during a beariDg wm be 8\W11l in. Any party to the proc:eediug will be granted an opportuni1y to Cl'OI8-CDJDÎnc any individual taI:itYin8 during a hearing upon request. Ifit bec:omes necessary, a public bearing may be ccmIùmed to a datMertain. JOSEPH E. SMITH. Dislrict No. I . DOUG COWARD, Di.lrict No. 2 . PAULA A. LEWIS. oÏIlriç No.3. cHARLBS GRANDS, Dilltict No.4 · CHRIS CRAFT, Dillrict No. 5 County AdmInlsll8tor· Douglas M. AndenIon Web81tø: _.co.sI-luCÎll.fl.lI8 2300 Vllglnla AYenue - Fort PI8rcll. FL 34982-5652 AdminIstration: (n2) 482-1590 Planning: (772) 462-2822 GISlTechnk:aI ServIcea: (772) 462-2822 FAX: em) 462.1581 Eoonomlc DevøIopmenl: (772) 462-1550 FAX: (772) 462-1579 TourI8t 0eveI0pmenl: (772) 462-1535 1(800) 344-TGlF FAX: (772) 462-2132 An)oœ wi1h a diubility requiriDg IICCOIIIIDOdatioD to atteud this meeting aOOuld c:ontIICt the St. Lucie County CoDll'DlDity Serrice8 Director at Ioa8t forty-oight (48) høun prior to the meeting at (m) 462-1777 or T DD. (772) 462·1428. If ~ no Jo.uaer own plOIMlrty actiac:cmt 10 1bc above-deø<ded pIRlO1. p1clle forward 1hia D01ice to the new owœr. PIeue c:a11 (772) 162-1122 üJOU haw my qœøtionI, and œfclr 10: I'IIe Number: PUDIRZ 62OI712S4. SiDœrely. ST.LUCŒ COUNTYPLANNJN'GAND ZONING COMMISSION ~ Received By ·JAN 03 2007' i.;4iV\I\I{Ì'¡ J\líanagemel?i' Sign # \ \2lo Sin UP Request Date Sent December 18,2007 Attention: James Beams Sign to be Installed by Sign Technicians before: January 2, 2008 OR Sign to be ready for pick up before: Please return signed and dated original to Deanna Givens (ext. 6426) at Growth Management. Thank you. St. Lucie County Affidavit of Public Notice l~U rm.. ~ . do hereby certify that as Agent for the St. Lucie County Board of Commissioners on thè following described property: Location: West side of Johnston Road. approximately % mile north of Indrio Road and approximately 1 mile east of Interstate 95} I did oP.J¡..¡. notice: "2...,. , 2007 erect in a conspicuous place on this property the following PUBLIC NOTICE Public Hearing for Application of F. P. Groves. LLC for proposed Amendment to the Official Zonlna Atlas from the AG·1 (Aarlcultural - 1 du/acrel Zonlna District to the PCS (Planned CountrY ~ubdlYlslonl Zonlna DIstrict to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce. on Thursday. Januarv 17.2008 @ 6 PM before the Planning and Zoning Commission and on Tuesdav. Februarv 19. 2008 @ 6 PM before the Board of County Commissioners. PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE PLANNING DIVISION. d~'^)~~ gnature .......-dÆ-p.) '- 200 S Date / FonnNo.07-13 ...: o o N rxi ".. .. 1l E CD u CD C " ! "' a. ! a. - rn ;:t;:J N . "...r! "- "' 0" O_ N- Ull:? ~ ~ _.r! cE ;:)! 0. 0 uïii CD > >" l:? "' 0"- CDO uO ..N CD" .- C 0. "' 1:: "' 0- LL "' " <.Jlii ...J rn ...J .- þ l! rna. CD a. ëc O~ .CD 0. a. . 0 LL .. ..0. .2 E ml:? .5 ... il Õ .~ 0. ~ co ~ N N ('I) N ..,. ..,. lC) lC) lC) lC) ('I) Ol ('I) ('I) ..... ('I) ..... Ol lC) lC) lC) lC) ('I) ;S; I I ('I) ..... ..... ..,. 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COMMISSION PUBLIC HEARING AGENDA January 17, 2008 NOTICE OF PROPOSED ZONING DISTRICT CHANGE The St. Lucie County Planning and Zoning CoInmI881øn 1. lICh8duled to NView 8nd make __Don. NOfding 111. following bm petlUoned b}' the oppI_ for odopIIon by the _ 01 County Commlulonero 01 St. lucie County, _, b}' ......ulIon. RESOLUTION NO. 01-00I A RESOLUTION GRAN11NG A CHANGE IN ZONNG FOR 71.72 ACRES OF LAND LOCATED ON THE WEST SIDE OF JOHNSTON ROAD, APPROXlllATELY 112 MILE NOIITH OF INDRIO ROAD AND APPROlClMAlELY 1 IllLE EAST OF INTERSTAlE II FROM THE AG-1 (AGRICULTURAL - 1 DUlACRE) ZONING DISTRICT TO THE PCS (PLANNED COUNTRY SUBIllVI8ION) ZONING lIISTRICT FOR THE PURPOSE OF SUBDlVlØlNG THE PROPERTY INTO 78 112-ACRE LOTll OF CERTAIN PROPERTY IN ST. LUCIE COUNlY, FLORIDA APPLICANT: F.P. _. LLC APPUCATlON NUMBER: PUDIRZ 62l1On254 LEGAL D1!SCRIPlION: PARCEL I: THE SOUTH 112 OF THE SOUTH 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 1'4 OF SECTION I, TOWNSHIP :t4 SOUTH, RANGE 38 EAST, IT. LUCIE COUNlY, FLORIDA, PARCEL II: THE NORTH 112 OF THE SOUTH 112 OF THE SOUTHWEST 1'4 OF THE SOUTHEAST 114; THE SOUTH 112 OF THE NORTH 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114; AND THE SOUTHEAST 114 OF THE SOUTHEAST 1/4, ALL IN SECTION I, TOWNSHIP :t4 SOUTH, RANGE 38 EAST, ST, LUCIE COUNlY, FLORIDA. PARCEL III: THE NORTH 112 OF THE NORTH 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 14 OF SECTION I. TOWNSHIP 34 SOUTH, RANGE 39 EAST. ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPTING FROM THE ABOVE THREE PARCELS, ALL RIGHT - OF - WAY FOR DRAINAGE CANALS AND PUBLIC ROADS, CONTAINING 71.72 ACRES MORE OR LESS. LOCATION: Wool old. of _nolon Rood, oppfOlllmotoly 112 mil. norlh oIlndrio R_ .nc1 .pproxllMlely 1 mile n_ of InaInI8te .. PURPOSE: Tho ...._ don I. for . chonao In zoning of lIIo .ullect ........ from lIIo AG-1 (Agrlcullu'" - 1 dutocra) Zoning Iliotrict 10 th. PCS (Plon_ Country 8ubdlYlolon) Zoning Ololrlcl, lor the pu_ 01 .uÞdlvldlng property 1_ on file _ oldo 01 Johnldon Aoed, .....aximetely 11.2 mile north of Indrlo RoM and IIpproxirnately 1 mile ea. ot 1.........15 into 71112 acre lot. of certIIln property in Sl LucIe County. FlDI'idIi. -\::---ir-'1"~~'-"1 '\. Ii æi ~t, '. t,1 \ f. [........'............- ,---, ..... pji;ø--.u.c .:::::._._~.. --- ,'" ¡~;~1? \ .1iI___i?:.~..~_!"!'!~·*L_".,,, <:¥ ~.- to.....) " "'.''1'"'''' """\ ¡: ]: Ji Ii I The PlllY1ing and Zoning Commission Public HeIIrfna on this item will be held in the Commission Chambers.. 3rd Roor, St Lucie COunty Administration RogBl' POItr8S. Annex B~I~""it,. 2300 Vlrgini. Avenue, Fori Pierce, Florida on Thuradav Januarv 17 2008 begInning at· or as soon Iher88fter 88 possible, Matters affecting your personal and propørty rights may be heard and acted upon. AU interested persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be considered. Written eommentllO the Planning n Zoning Comnilsion should be rec8ivod b}' Ihe Growth Manogomont DoparImont . Planning DIYloion ot Ioaol 3 days prior to tho schøduled hearing. The petition file is ØYlÙlable for reviewal the Growth Management DoparImont located at the SI Lucie County Administration Building, 2nd Floor, 2300 Virginia Avenue, Fort Pierce, Florid.. Please call 772-462-2822 or 1:D.O. 772-4t)2.1428 If you have any qU89tions or require additjonaJ information. The St. Lude CDUnty Planning Ind Zoning Commission has the power 10 review ancl recommend to the St. L.ucie County Board of County COmmissioners, tor approval or disapproval, any applications withln their area of responsibilily. The proœedings of the Planning and Zoning Convnl&sion are B1øc1ronicaUy recorded. PuraUllnt to SeeIIðn 218 0105 Flarld.- Aütutø. if a person decides to appeal any cI8dsIon made by the Planning and Zoning Commission with re&ptCI to any matter considered at a meeting or hearing, he or &he will need a recor<:l of the proceedings. For 8uch purpose, he or she may need to ensure that a verbatim record of the¡roceedings is made, which record includes the tesfjmony and evidence upon which the appe is to be based. Upon the request or any party to lhe proceeding, Individuals testifying during a hearing will be sworn in. Any party to the proceeding wil be grantBd an opportunity to crosa-8xamine any individual testifying during a nearing upon request. If It becomes necessary. a publiC hearing may be continued to 8 date-cerl8in. ~ne with a disability requiring aœommodation 10 8ttend this meeting should con1act the 51. luCIe County Community ServICeS Director alleas1 lorty-eight (48) hours prior to the meetinll at 7721462-1m o.T.O,O. 7721462..1428, PLANNING AND ZONING COMMISSION! LOCAL PLANNING AGENCY ST. LUCIE COUNTY. FLORIDA PUBUSH DATE: December 31, 2007 ==="_====:::::::;-<:::::::::--'-:::::-:::::=:-==-:::::::::::::::::::::::;::::::::::;-:::J L" ----~¿-----~~--~---------~~---- - ~ ~ ~,~ ~------ ".' ,\ " ,_ _ ___~, __n______.___------or----- ---;> --,' ____,>--- - __">___< n____ ___ - __. __ - - - __ __~ ----- ---"0------ _n__~ - - ~.-- ---4 -., ._-- ~~~-----,<'------------;<-- _______,...----------..----~----.--- ____n .: - -- - - , -, ;r ___~-~---------~~----------~---------~-----~--J~------___,~l ~~ _ __:: 7:::~_-::::~o- :::;¡~=== ====::-. ~------- - +t --- - -- - ---...;;--------~ - "'0_- - - -- -¡r..~~- -- -- - - =.=-:...~··/I ..--.e: _... --,,-- ---------...-----------., ________~::-Io--------- ------1 . =--=--=-~------..!"""~--2.".-:.-:.:::.:::::.:=::.·"!"~..:::·::.::.::..-:..-:..-L-:¡.-:..-=,::.::.::.:::...:::.:::..~~----=-:..-.--:..:.""!.-~-~;....:.::.---:..-:..-:.. ..:;.:..---- -, I~' ____ -0"'- - __-- - _,.------- ---....- ------- - _-!"---n - ---- ~---- -- -~-- .'_' . :;;:~_:_:2~~ -~fft--::~-"- ______________-:.t:=---------------..:.::l------:::..--=--~.::-------;:..;,:..:--;E-=:.::---·~------~ ~t I _____ -I __ ______~,----------iŸ'----------.-.&>----------~---------...,.,..--- ~\ 'I + _____~----------~---------_----llI----------------1!--- --- ___-~-----I~--- ----------0- _________~~---------.:,p.------It--'*---------- + ---:::- -. + ~ . ___====~~_ __-:..------~--------~k-----~--~----------+------- ~~ ~ -- - --------- ~--- ~. ~ --------#- ~ 1--~-O¡::...jt¡E;:-fstOJ - 'fI::~flfl¡:::::::::--rt;::-~Õ;,,=~-¡.=~~::::::::::::::...=~~~~~ "-~,,, ;"=5W:.~Þ4~~~m~.$=1;=1£;~~~~~~~~l~~~¥-:;~~-:;:-';-';-';~i-==::1::?li ~--------1fJ~~-(l!!J,~--:-9..+yf~. :_.._______-~--~~..-----:::=~=::-'!!.3~~~=-~=-=-=!:.~&--~i:gi~=%.~~~;;;;;E"i-::,:..--r-==~", _ _ 1'"""': ~_ _---------~-------_---;e;ìo---:;.,--=-....-=---:-=---:_-------:or --- ~+. ,0-_ _' _ __________~--------:Y-----....:-:.r"-=:;.t:--------;;p:... . ~~~~~~~::~ ~=.; :'~::-::-::-"'.:-;~:-=:-:-::--==~j===== ==::::::-======== =£~ =:":.:~~~:::.::::::~::~~::?;¡==--=-=-;.?;:J::/~ .. . . + ____--~s::_---.. _--- . ________.¡t;----- _7' ~ ___~----_-I~----<t-------- ~ -- .."...--- ---- ~-~------".--------........,... -- _..!:_ _ _~~__ _::._-;_ -:~~:::::::::::: r::- -- - - -- --;.ti- ----I~-- - -+~- - - - -- --- ~- "':.::...-=-=== =-, -~- --------;çf:_____I~--.,.,"-----------.,.-- + .¡ ________ _._,~~.,..,--_:"!f-.--77C""'T,77,-::·ë'"~-;:·-::,::;::--:::,'7'7·.. -",-'.±. \PER BOX BELL BOX BOX ~E 30X 'UNO UTILITIES SIGN IG WELL VALVE IE MANHOLE 00 OR STEEL E POWER POLE 'RMER PAD OW PREVENTER ER HEAD TE SURFACE )AVER SURFACE = V'dµ UI -.JUI Prepa red ~ Ft. Pierce G BOUNDARY & TOPOGRAPHIC SURVEY OF ) SECTION 9, TOWNSHIP 34 SOUTH, RAN( ST. LUCIE. COUNTY, FLORIDA 400 1 L£GAL. DESCRIPTION AS PROVIDED BY CLIENT PARCEL I: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY. FLORIDA. PARCEL II: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; THE SOUTH 1/2 THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4; AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 . ALL IN SECTION 9, TOWNSHIP 34 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY. FLORI[ PARCEL 1/1: THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE J9 EAST, ST. LUCIE COUNTY. FLORIDA. LESS AND EXCEPTING FROM THE ABOVE THREE PARCELS,ALL RIGHT-OF-WAY FOR DRAINAGE CANALS PUBLIC ROADS. .' .,,, +~# l~ ----------------------------- ,,---------- ,.. ...... Agenda Request Item Number Meeting Date: 5D 02/19/2008 Consent Regular Public Hearing Leg. [ l [ l [ l [ Xl Quasi-JD [ BACKGROUND: Jft:?ttre Gro an gement Director The request of LID Real Estate 'Partnership for a waiver from the Comprehensive Plan Policy 8.1.14.2 to allow the construction of an access roadway which will directly impact 0.36 acres ill a Category 1 wetland and for a waiver of Policy 8.1.14,5 to allow 0.04 acres encroachment into the required minimum 50 (fifty) foot buffer required between the wetland and the residential development. This waiver. if granted will (a) allow for ingress and egress to the subject property, (b) permit the approval and development of the proposed Minor Site Pla.a. to be known as Pelican Reef. located on the east side of South Ocean Drive, on South Hutchinson Island, and (c) allow for the residential units to be setback 25 feet from the required Dune Preservation Zone. Draft Resolution No. 08-011 (MNSP-05-002) The proposed Pelican Reef Subdivision consists of 7 (seven) single family residential lots east of the 1988 Coastal Construction Control Line. The subject property is zoned HIRD (Hutchinson Island Residential District) and the future land use designation is RU (Residential, Urban). The proposed Minor Site Plan is located on a 6.824 acre parcel on the east side of South Ocean Drive, approximately 2,500 feet south of the Watersong Development's south entrance, on South Hutchinson Island. The developers of this subdivision are requesting that the Board grant a waiver from Comprehensive Plan Policies 8.1.14.2. and 8.1.14.5. The referenced St. Lucie County Comprehensive Plan states that, "the County shall not permit development in a Category I or II wetland or any wetland buffer associated with these wetlands". In accordance with the provisions of Policy 8.1.14.3, Conservation Element, of the St. Lucie County Comprehensive Plan, the Board of County Commissioners may waive any provision of the Comprehensive Plan or the Land Development Code related to the preservation of a Category I or II wetland that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property, to the extent necessary to provide minimum reasonable use, public or private, of the property. The road proposed to provide access to the project will directly impact 0.36 acres of a Category I wetland. The applicant has stated that due to the size of the wetland, impacts from the ingress-egress road are unavoidable. The wetland extends north and south across the property boundary. To minimize impacts to the wetland, the roadway alignment was placed on top of an old mosquito control berm. The applicant will provide culverts in the berm which will reconnect the wetlands to the Indian River Lagoon, restoring the historical water flow and allowing for mosquito control management, and will provide native planting along the berm. Through the Army Corps of Engineers avoidance and minimization process, the applicant has agreed to (a) provide wetland preservation land which will be dedicated to the County and the Corps by a Conservation Easement, (b) remove exotics and provide native plantings, and (c) purchase wetland mitigation credits. The applicant has reserved one mitigation credit from St. Lucie County's Bear Point Mitigation Bank. This credit represents 3 times more mitigation than impact. To: Submitted By: Board of County Commissioners Growth Management Department SUBJECT: FUNDS AVAILABLE: N/A Form No. 07-07 ,. ... RECOMMENDATION: On July 24, 2007, this Board approved the Credit Reservation Agreement with L-D Real Estate Partnership for the mitigation of impacts to wetlands for the Bear Point Mitigation Bank. Attach to this staff report is the consent agenda item presented by the Mosquito Control Director to the Board of County Commissioners. The County accepted twenty-four thousand five hundred and 00/100 dollars ($24,500.00) from the Developer for the reservation of one credit As a Minor Site Plan the Land Development Code and Comprehensive Plan Policy 8.1.14.3 does not require a public hearing before the Planning and Zoning Commission. Staff recommends approval of the Minor Site Plan known as Pelican Reef contingent upon the Board of County Commissioners' approval of the requested waiver for 0.36 acres in a Cateaorv 1 wetland that is reauired to provide access to the site and 0.04 acres of encroachment in the wetland buffer from the provisions of the Comprehensive Plan Policy 8.1.14.2 and Policy 8.1.14.5 as may be allowed by Comprehensive Policy 8.1.14.3 and the Land Development Code. PREVIOUS ACTION: COMMI SID [M] APPROVED D OTHER DENIED Approved 5-0 C) Coordination! Si9~tJ'tf~S County Attorney V~ E.R.D.: ~ Cw. EnQineer: --ÆVP ..ßL~. Other: (' J County Administrator Cty. Surveyor: Other: £1;/// Form No. 07-07 _'~"C""C""""","" .,.-" ",T::" '§lc·,·" . . ." ". . GROWTH MANAGEMENT DEPARTMENT Planning MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, Growth Management Director Kristin Tetsworth, Planning Manager FROM: Linda Pendarvis, Planner DATE: February 14, 2007 SUBJECT: Agenda Item 50, February 19, 2008 BOCC Meeting REVISED The request of LID Real Estate Partnership for a waiver from the Comprehensive Plan Policy 8.1.14.2 to allow the construction of an access roadway which will directly impact 0.36 acres in a Category 1 wetland and for a waiver of Policy 8.1.14.5 to allow 0.04 acres encroachment into the required minimum 50 (fifty) foot buffer required between the wetland and the residential development. This waiver. if granted will (a) allow for ingress and egress to the subject property, (b) permit the approval and development of the proposed Minor Site Plan to be known as Pelican Reef, located on the east side of South Ocean Drive, on South Hutchinson Island, and (c) allow for the residential units to be setback 25 feet from the required Dune Preservation Zone. Draft Resolution No. 08-011 (MNSP-05-002) The staff report distributed earlier this week for the subject petition omitted page 6, a very important element of the report. Staff has reprinted the report in its entirety which is attached to this memo. Please let me know if you have any questions. SUB, M~TJI=9: ~' ('·7~. Rr Mark Satterleé, AICP Growth Management Director ". County Commission Review: 02/19/2008 File Number MNSP-05-002 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Board of County Commissioners TO: ~ FROM: Mark Satterlee, Growth Management Director Kristin Tetsworth, Planning Manager PREPARED BY: Linda Pendarvis, Planner DATE: December 27, 2007 ITEM: MNSP 05-002 GENERAL INFORMATION: APPLICANT: UD Real Estate Partnership C/O Domenick R. Lioce 1645 Palm Beach Lakes Blvd; Suite 1200 West Palm Beach, FL 33401 561.686.3307 CONTACT: Thomas Lucido & Associates Brian Nolan 100 Avenue A, Suite 2A Fort Pierce, FL 34950 772.467.1301 Klein & Dobbins, P.L. W. Lee Dobbins 805 Virginia Avenue, Suite 25 Fort Pierce, FL 34982 772.409.1133 Ext. 202 REQUESTED ACTION: The request of UD Real Estate Partnership for a waiver from the Comprehensive Plan Policy 8.1.14.2 and Policy 8.1.14.5 to allow the construction of an access roadway which will directlv imoact 0.36 acres of a Cateoory 1 wetland and 0.04 acres of additional imoacts of the reauired minimum 50 <fifty) foot buffer between the wetland and the proposed residential development. This waiver if approved will allow for the approval and development of the proposed Minor Site Plan to be known as Pelican Reef, located on the east side of South Ocean Drive, on South Hutchinson Island. A Minor Site Plan shall be approved by the Growth Management Director pursuant to Section 11.02.03.A(5). The request for the waiver for 0.36 acres of imoact in a Category 1 wetland that is reauired to orovide access to the site and 0.04 acres of encroachment into the reauired 50 (fifty) foot wetland buffer must be reviewed by this Board prior to the decision of the approval or denial of the Pelican Reef Minor Site Plan. Staff is requesting the Minor Site Plan also be reviewed by this Board since it can not be approved · February 19, 2008 Page 2 Subject Pelican Reef Minor Site Plan File No.: MNSP 05-002 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 without the waiver from Policies 8.1.14.2 and 8.1.14.5. Draft Resolution No. 08- 011 (MNSP-05-002) The proposed Pelican Reef Subdivision consists of 7 (seven) single family residential lots east of the 1988 Coastal Construction Control Line. The proposed Minor Site Plan is located on a 6.824 acre parcel on the east side of South Ocean Drive, approximately 2,500 feet south of the Watersong Development's south entrance and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island. The subdivision developer is requesting that the Board grant a waiver for 0.36 acres of imoact in a Cateaorv 1 wetland that is reauired to orovide access to the site and 0.04 acres of encroachment in the 50 (fifty) foot wetland buffer from the Comprehensive Plan Policies 8.1.14.2 and 8.1.14.5. The Policy 8.1.14.2 of the St. Lucie County Comprehensive Plan states that, "the County shall not permit development in a Category I or II wetland or any wetland buffer associated with these wetlands·. Policy 8.1.14.5 states that the "County shall require a minimum 50-foot buffer between Category I or II wetlands and new development activity in order to protect water quality, preserve natural functions, and preserve wildlife habitat". These provisions shall only be waived following the review and approval of the Board of County Commissioners. PURPOSE: LOCATION: East side of South Ocean Drive, approximately 2,500 feet south of the Watersong development's south entrance and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island. ZONING DESIGNATION: HIRD (Hutchinson Island Residential District) FUTURE LAND USE: RU (Residential Urban - maximum density of 5 dwelling units per gross acre) PARCEL SIZE: 6.824 acres PROPOSED USE: 7 - Single-Family residential lots. 1.03 dwelling unit per acre PROPOSED DENSITY: SURROUNDING ZONING: North Island Vacant State owned South East West Island Vacant (also owned by L D Real Estate Partnershi 37 38 39 SURROUNDING LAND USES: 40 41 42 North Vacant South West State owned Vacant 43 February 19, 2008 Page 3 Subject Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 FIRE/EMS PROTECTION: Station #8 (7583 S. Ocean Drive), is located approximately 4 miles to the south. UTILITY SERVICE: Fort Pierce Utilities Authority will provide water service to the subject property and St. Lucie County Utilities Department will provide sewer service to the subject property. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South Ocean Drive State Road A-1-A is 100 feet. SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: None Certificate of Capacity *********************************************************************** STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Minor Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use Is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards Imposed on It by the particular provisions of this Code authorizing such use and any other requirement of the Code and Complied Laws of St. Lucie County. The Pelican Reef Minor Site Plan is consistent with the standards of review as forth in the St. Lucie County Land Development Code and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. However the Pelican Reef Minor Site Plan is not completely consistent with the general purpose, goals, objectives and standards .of the St. Lucie County Comprehensive Plan. The proposed site plan does not comply with Policy 8.1.14.2 and Policy 8.1.14.5 of the Sl Lucie County Comprehensive Plan which prohibits any development with in a Category 1 wetland and any wetland buffer. The deficiencies and discrepancies of these policies are outlined in the Environmentallmoact section of this staff report. 1 2 3 4 5 6 7 8 B. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 . February 19, 2008 Page 4 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 Policy 1.1.1.1 of the St. Lucie County Comprehensive Plan establishes maximum residential densities for the Future Land Use Classification of RU (Residential Urban) at 5 dwelling units per gross acre. The proposed project is to be developed with a maximum residential density of 1.03 units per gross acre; therefore, the proposed project is consistent with this policy. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The project consist of 7 (seven) single family residential lots to be platted and sold to individual property owners. The Pelican Reef Minor Site Plan has been determined not to have an undue or adverse effect upon nearby properties. The property to the south is zoned Conservation-Public and is owned by the State. To the north of the proposed project is a residentially zoned parcel. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening All reasonable steps have been taken and the proposed project is not expected to adversely impact the surrounding properties. 3. The proposed building or use will be constructed, arranged, and operated so as not to Interfere with the development and use of neighboring property, in accordance with applicable district regulations. The proposed residential subdivision would result in an orderly and logical development pattern. The surrounding area to the south is property designated as conservation public and is owned by the State of Florida and South Florida Water Management District. The surrounding area to the north is vacant residential. Approximately 2,500 feet to the north of the subject residential development is an approved Planned Unit Development known as the Watersong Planned Unit Development consisting of 91 detached single family units with the density of 3.2 dwelling units per gross acre on 28.32 acres of land and Watersong South Subdivision consisting of 18 single family lots has a density of 0.90 dwelling units per gross acre on 19.91 acres of land. The land area between the Watersong Developments and the proposed development consist of several one acre tracts known as Shell Cove Subdivision all fronting on South Ocean Drive as well as a seven acre tract immediately north of the Pelican Reef Minor Site Plan. This land area between the Watersong Developments and the proposed development is vacant land. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties but provide an opportunity for the parcel to the north to be developed while minimizing and possibly aVOiding impacts to wetlands located on the northern parcel. The developer for Pelican Reef has designed the internal roadway with a future connection to the northern parcel so that additional impacts to the wetlands located on the northern parcel may be avoided by accessing their property by Pelican Reef access road. , 1 C. 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 D. 31 32 33 34 35 36 37 38 39 40 41 E. 42 43 44 February 19,2008 Page 5 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The Fort Pierce Utilities Authority (FPUA) will provide the proposed project with water and St. Lucie County Utilities will provide wastewater service. Staff has reviewed the referenced project for transportation concurrency, and has made the following determination: Trip Generation: ·Single-Family Detached" (ITE 210) Fitted Curve Equation: Ln(T) = 0.92 Ln(X) + 2.71 How many trips: 90 average trips/day; (In: 50%, 45; Out: 50%, 45) PM Peak Hour Fitted Curve Equation: Ln(T) = 0.89 Ln(X) + 0.61 How many trips: 10 PM Peak hour of Generator; (In: 64%, 6; Out: 36%, 4) LOS Review using 2006 MPO Counts LOS Project LOS Pre- Development LOS Trips Post-Development LOS SR A1A South South of FPL Plant (0719) 4,200 B 58 4,258 B North of Blue Heron Blvd (0116) 1500 A 32 1,532 A Conclusion: The transportation impact statement for the proposed 7-lot development indicates that all of the links within the impact study area are expected to operate at an acceptable level of service. The project complies with Section 5.08.03(B), St. Lucie County Land Development Code. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. 1 2 3 4 5 6 7 F. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 , February 19, 2008 Page 6 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 The proposed development will not have a negative impact on the existing schools. At the time of development of the individual residential lots, the applicant will be required to pay a school impact fee for the proposed residential unit which will adequately address the impact to schools. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn. At the request of Environmental Resources Department staff, the applicant's attorney, Mr. Dobbins, submitted a letter to the Environmental Resource Department requesting a waiver on behalf of UD Real Estate Partnership from the provisions of Comprehensive Plan Policy 8.1.14.2 and Policy 8.1.14.5 protecting wetlands. The waiver of Policy 8.1.14.2 is requested to allow for a road providing access to the project to impact 0.36 acres of Category 1 wetlands. The wavier of Policy 8.1.14.5 is requested to allow the encroachment of a 0.02 acre turf block emergency vehicle turnaround area and a 0.02 acre lift station and turnaround area, the purpose of which is to allow the residential units to be set back 25 feet from the required Dune Preservation Zone. This setback of 25 feet will provide a buffer between the Dune Preservation Zone and the residential activity of the Pelican Reef Minor Site Plan. The following information has been provided by the Environmental Resource Department in a Final Report, from Amy Mott, Environmental Regulations Manager, dated December 13, 2007. WAIVER REQUEST Prior to approval of the site plan for the Pelican Reef project the request for a waiver for 0.36 acres of imoact in a Cateaorv 1 wetland that is reauired to provide access to the site from the Comprehensive Plan Policy 8.1.14.2 must be authorized by the S1. Lucie County Board of County Commissioners. Comprehensive Plan Policy 8.1.14.2 states that "The County shall not permit development in a Category I or II wetland or any wetland buffer (50' buffer required for Category I wetlands) associated with these wetlands, except as follows: a) Clearing and lor constructing of walking trails; b) Construction of boardwalks/catwalks for direct access to water bodies; construction of wildlife management shelters, footbridges, observation desks and similar structures not requiring a dredge or fill for their placement; and c) Clearing andlor construction of electric! cable utility, stormwater management, water or wastewater infrastructure as needed to provide public service that does not impair the long term viability of the wetland system. d) Alteration is permissible within Category I and II wetlands, and the required wetland buffer as necessary for the above activities if: 1. No other reasonable alternative exists and avoidance cannot be achieved; 2, Such activity is consistent with other policies of the Comprehensive Plan; ì February 19, 2008 Page 7 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 3. Such activity complies with the requirements of all Federal, State and Local agencies claiming jurisdiction over wetland alteration and adequate mitigation of any adverse hydrological and physical alterations is provided. 4. No more than 1 percent of any Category I wetland is impacted, except as noted in Policy 8.1.14.3; 5. No more than 15 percent of any Category 1\ wetland is impacted, except as noted in Policy 8.1.14.3; 6. Appropriate mitigation is provided." Comprehensive Plan Policy 8.1.14.3 states that "In addition to the alteration provisions of Policy 8.1.14.3(c), alteration of a Category I or 1\ wetland may be allowed when no other reasonable alternative exists and avoidance and minimization of impacts cannot otherwise be achieved. Any provision of this Comprehensive Plan or the land development code related to the preservation of a Category I or II wetland that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property may be waived to the extent necessary to provide the minimum reasonable use, public or private, of the property. These provisions shall only be waived following the review and approval of the Board of County Commissioners...." Comprehensive Plan POlicy 8.1.14.5 states that "The County shall require a minimum 50-foot buffer between Category I and II wetlands and new development activity in order to protect water quality, preserve natural functions, and preserve wildlife habitat. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council." The road proposed to provide access to the project will directly impact 0.36 acres of a Category I wetland. The applicant has stated that due to the size of the wetland, impacts from the ingress- egress road are unavoidable. The wetland extends north and south across the property boundary. To minimize impacts to the wetland, the roadway alignment was placed on top of an old mosquito control berm. The applicant will provide culverts in the berm which will reconnect the wetlands to the Indian River Lagoon, restoring the historical water flow and allowing for mosquito control management, and will provide native planting along the berm. Through the Army Corps of Engineers avoidance and minimization process, the applicant has agreed to (a) provide wetland preservation land which will be dedicated to the County and the Corps by a Conservation Easement, (b) remove exotics and provide native plantings, and (c) purchase wetland mitigation credits. For mitigation, the applicant has reserved one mitigation credit from St. Lucie County's Bear Point Mitigation Bank. On July 24, 2007, the Board of County Commissioners approved the proposed Bear Point Mitigation Bank Credit Reservation Agreement with L D Real Estate Partnership. Attach to this staff report is the consent agenda item presented by the Mosquito Control Director to the Board of County Commissioners. The County accepted twenty-four thousand five hundred and 00/100 dollars ($24,500.00) from the Developer for the reservation of one credit. This credit represents 3 times more mitigation than impact. The proposed wetland buffer measures a minimum of 4 feet wide, a maximum of 73 feet, and an average of 50 feet in width. The applicant is proposing to place dry detention in the 50 foot buffer and plant with native plants to act as a buffer while filtering storm water run-off. The entire wetland buffer, averaging 50 feet wide, will be planted with appropriate native vegetation per the plan that was provided. A 0.02 acre area of the buffer will be impacted by the Fire Department required turn around at the south end of the road. The emergency turnaround will be stabilized with turf block which will allow percolation of rainwater as well as a cover of grass to be planted. Additionally, the lift station will impact another 0.02 acres of the buffer. The lift station is primarily buried in the ground, thereby minimizing its impact. Furthermore, the applicant proposes to , February 19, 2008 Page 8 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 mInimIZe the impact of these encroachments by providing native plantings around the 2 encroachments. At the request of staff, each of the residential units has been setback at least 25 3 feet from the required Dune Preservation Zone. According to the applicant, relocation of the lift 4 station and emergency turnaround is not possible without moving the units closer to the Dune 5 Preservation Zone. Staff recommends that the two encroachments into the wetland buffer 6 totaling 0.04 acres be allowed, in order to maintain the 25 foot setback from the Dune 7 Preservation Zone. 8 9 Additionally, at the request of the US ACOE, to reduce wetland impacts further, additional access 10 for the northern property has been provided through this project so they will not need an 11 additional access road through the wetland. The applicant for Turtle's Nest has received 12 approval from SLC for the ingress road and has permitted the road through FDEP; however the 13 applicant for Turtle Nest has been unsuccessful at receiving a US ACOE permit due to wetland 14 impacts for the creation of residential lots. The agreement with the US ACOE will be binding for 15 the Pelican Reef project that only one access will be utilized to access either parcel. Since the 16 Turtle Nest applicant has not altered the site plan, the Corps is proceeding to permit the access 17 for Pelican Reef. 18 ***********************..******************************************************************* 19 20 21 CONDITIONS OF APPROVAL 22 1. A condition of approval of the site plan shall be that prior to the issuance of the first Certificate of 23 Occupancy for this project, the dune will be restored to FDEP mandated elevations and replanted 24 so as to achieved 100% coverage consisting of Sea Oats, Sea Grapes, and Saw Palmettos. 25 26 2. A condition of approval of the site plan shall be that prior to the issuance of a St. Lucie County 27 Vegetation Removal Permit that documentation from wetland jurisdictional agencies regarding 28 acceptance of the wetland boundaries and approval of proposed impacts and associated 29 mitigation be provided. 30 31 3. A condition of approval of the site plan shall be that prior to issuance of a St. Lucie County 32 Vegetation Removal Permit that an erosion control plan and an approved FDEP surface water 33 management permit be provided. 34 35 4. A condition of approval of the site plan shall be that prior to the issuance of a St. Lucie County 36 Vegetation Removal Permit, documentation of USFWS's determination that no listed species will 37 be impacted by the development of this project. 38 39 5. A condition of approval of the site plan shall be that prior to issuance of a St. Lucie County 40 Vegetation Removal Permit written authorization from the Florida Department of Environmental 41 Protection Bureau of Beaches and Coastal Division for construction seaward of the Coastal 42 Construction Control Line be provided. 43 44 6. A condition of approval of the site plan shall be that prior to issuance of a St. Lucie County 45 Vegetation Removal Permit a revised Sea Turtle Protection Plan, addressing all of the previously 46 requested items, be submitted. 47 48 7. A condition of approval of the site plan shall be that prior to the issuance of a St. Lucie County 49 Vegetation Removal Permit, the applicant conduct a site meeting with ERD staff, the 50 environmental consultant for this project, and relevant construction personnel. 51 52 8. A condition of approval of the site plan shall be that prior to the issuance of a St. Lucie County 53 Vegetation Removal Permit that a recorded copy of a conservation easement dedicated to St. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 February 19, 2008 Page 9 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 Lucie County, covering the wetland, wetland buffer, and dune preservation zone be submitted. 9, A condition of approval of the site plan shall be that prior to the issuance of a St. Lucie County Vegetation Removal Permit that a recorded copy of the Declaration of Covanence For Pelican Reef, with an Exhibit C that accurately reflects all preserve areas (including wetlands, wetland buffers. and dune preservation zone) be submitted. ****.*.****.*************.********.*.****.*.*****...***..*******...***....*....*.*****.*.*** HISTORY OF REVIEW An Environmental Impact Report was submitted. The EIR indicated that the entire dune was over washed in the 2004 hurricanes and previous mangrove swamp area was filled with sand and that the entire dune was subjected to breach in the 2004 hurricanes removing any previously existing vegetation. However, prior to those events there were only Australian pines and a few small sea grapes. The minimum finished floor elevation will be set above the 100 year, 3 day flood stage or that elevation established by the FDEP, Bureau of Beaches and Coastal System, which for this location is elevation 17.00 NGVD. A site visit was conducted by the USFWS with a Section 7 consultation by the USACOE. And neither agency observed any threatened, endangered or species of special concern wildlife or plant species on the site. The development is proposing to impact 0.36 acres of the wetland necessary to access the uplands on the eastern portion of the project. The proposed compensatory mitigation to offset the filling of 0.36 acres of mangrove swamp is to purchase credits from the Bear Point Mitigation Bank. The development is not proposing to impact any native upland habitat. The post development scenario calls for restoration of the primary dune and replanting of the upland buffer and replanting along the access road. To reduce impacts to the wetlands, the access road will be located on a berm created for mosquito ditching dominated by exotic vegetation and white mangroves. The roadway will contain culverts as agreed to with the US ACOE in order to facilitate flushing and movement of water. Reconnection of the wetland on the east side of A1A to the Indian River Lagoon will open additional habitat to a variety of fish species and will make more detritus available to the food chain. There are no native trees requiring mitigation. There was no vegetation along the dune at the time of the original site inspections. The applicant will re- vegetated the dune preservation zone in accordance with the Preserve Area Planting Plan. A copy of the field WRAP data sheet was received demonstrating that the environmental consultant determined the WRAP score of the wetland to be 65%. A shoreline stabilization plan and assessment which demonstrates consistency with the appropriate policies set out in this Code, including beach or dune restoration and maintenance to reduce or control erosion is requested as a condition of approval. A detailed beach/dune restoration plan including existing and proposed elevations, types and quantities of plants, proposed methods to assure plant survival (I.e.; temporary irrigation), timing, etc. is requested as a condition of approval. The site plan moved all residential lots outside of the dune preservation zone. A Preserve Area Monitoring and Management Plan was submitted addressing exotic removal in all preserves, silt fencing and protection barricades during construction, proposed monitoring program. proposed replanting plan of native vegetation in any impacted areas, signage for preserve area boundaries, and identification of parties responsible for future maintenance. The applicant has indicated that the property on the west side of A1A is not part of this development and that possible future plans for that portion of the site are to build docks. When the applicant applies for a FDEP permit for the docks, the applicant will submit to the County an application for a site plan for the west side of A1A, which will include a preserve area. A conservation easement providing perpetual protection to the preserve areas has been required per a condition of approval. Homeowners Association guidelines/Declaration of Covanence documents were provided. SUMMARY: , February 19, 2008 Page 10 Subject Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 The applicant, UD Real Estate Partnership, is proposing a 7 (seven) single family residential lot 2 subdivision zoned HIRD (Hutchinson Island Residential District) Zoning District on 6.824 acres of land 3 located on the east side of South Ocean Drive, approximately 2,500 feet south of the Watersong 4 development's south entrance and 2.5 miles north of the Florida Power and Light Facility. 5 6 A Minor Site Plan may be approved by the Growth Management Director but because of the unique 7 request of the waiver from the Comprehensive Plan Policy 8,1.14.2 and Policy 8.1.14.5 staff is 8 requesting the Board of County Commissioners approve the Pelican Reef Minor Site Plan contingent 9 upon the Board granting the requested waiver. 10 11 12 Natural Hazards: 13 The subject property is located in Flood Zone AE where the Base Flood Elevations are determined to 14 range from 8 teet to 10 feet as indicated on FEMA Map Number 12111C0194 G, Effective Date: 15 November 4. 1992. 16 17 All development permits that are located in a Flood Zone shall be in conformance with the Land 18 Development Code Provisions of the Flood Damage Prevention Section 6.05.00. 19 20 The buildable areas for the seven lot subdivision are located eastward of the 1988 Coastal Construction 21 Control Line. All development will need to be reviewed and authorized by the Florida Department of 22 Environmental Protection based on the site plan's compliance with St. Lucie County Land Development 23 Code and Comprehensive Plan. 24 25 Analvsis: 26 Pelican Reef Minor Site Plan is located within an area designated as RU (Residential Urban) on the 27 Future Land Use Map. The Future Land use Element, Data & Analysis, defines the RU (Residential 28 Urban) area as the predominant land use category in the County. This residential land use category 29 provides for a maximum density of 5 dwelling units per gross acre. These properties need to be serviced 30 with central water and wastewater services. The subject property will be serviced by St. Lucie County 31 Utilities for wastewater and Fort Pierce Utility Authority for potable water. New development in the RU 32 areas can occur using traditional single-family or multi-family zoning designations or through the Planned 33 United Development process. The maximum residential densities in the HIRD (Hutchinson Island 34 Residential District) Zoning District are set forth in the future land use designation of the St. Lucie County 35 Comprehensive Plan. Therefore, if the topographic land area was more suitable for development the 36 applicant could possibly develop the subject property with 34 units. 37 38 The subject property lies south of several vacant residential properties zoned HIRD (Hutchinson Island 39 Residential District) Zoning District with a RU (Residential Urban) Future Land Use designation. The 40 property immediately north of the subject property is approximately 7 acres. The six parcels to the north 41 of that tract consist of six one acre plus tracts in a platted subdivision known as Shell Cove. 42 43 This petition for Pelican Reef Minor Site Plan meets the standards of review as set forth in Section 44 11.02.07 of the St. Lucie County Land Development Code and is not completely consistent with the goals, 45 objectives, and policies of the St. Lucie County Comprehensive Plan. 46 47 Attached is a copy of draft Resolution No. 08-011, which would grant approval to the petition of UD Real 48 Estate Partnership for waiver for 0.36 acres of impact in a Cateaorv 1 wetland that is reauired to provide 49 access to the site and 0.04 acres of encroachment in the reauired minimum 50 (fifty) foot buffer reauired 50 between the wetland and the residential development and a Minor Site Plan located within HIRD 51 (Hutchinson Island Residential District) Zoning District for the project known as Pelican Reef, subject to 52 the following limiting conditions: 53 February 19, 2008 Page 11 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 1. Prior to the issuance of the first Certificate of Occupancy for this project, the dune will be restored 2 to Florida Department Environmental Protection mandated elevations and replanted so as to 3 achieve 100% coverage consisting of Sea Oats, Sea Grapes, and Saw Palmettos. 4 5 2. Prior to the issuance of a St. Lucie County Vegetation Removal Permit documentation from all 6 appropriate wetland jurisdictional agencies must be provided to the Environmental Resource 7 Department regarding acceptance of the wetland boundaries and approval of proposed impacts 8 and associated mitigation. 9 10 3. Prior to issuance of a St. Lucie County Vegetation Removal Permit an erosion control plan and an 11 approved Florida Department of Environmental Protection surface water management permit 12 must be provided to the Environmental Resource Department. 13 14 4. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, documentation must be 15 submitted to the Environmental Resource Department from the US Fish and Wildlife Service 16 indicating that no listed species will be impacted by the development of this project. 17 18 5. Prior to issuance of a St. Lucie County Vegetation Removal Permit written authorization from the 19 Florida Department of Environmental Protection Bureau of Beaches and Coastal Division for 20 construction seaward of the Coastal Construction Control Line must be provided to St. Lucie 21 County. 22 23 6. Prior to issuance of a St. Lucie County Vegetation Removal Permit a revised Sea Turtle 24 Protection Plan, addressing all of the previously requested items must be submitted to the 25 Environmental Resource Department. 26 27 7. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the applicant must 28 conduct a site meeting with Environmental Resource Department staff, the environmental 29 consultant for this project, and relevant construction personnel. 30 31 8. Prior to the issuance of a St. Lucie County Vegetation Removal Permit a recorded copy of a 32 conservation easement dedicated to St. Lucie County, covering the wetland, wetland buffer, and 33 dune preservation zone must be submitted in a form and manner acceptable to the County 34 Attorney. 35 36 9. Prior to the issuance of a St. Lucie County Vegetation Removal Permit that a recorded copy of 37 the Declaration of Covanence for Pelican Reef, with an Exhibit C that accurately reflects all 38 preserve areas (including wetlands, wetland buffers, and dune preservation zone) must be 39 submitted to St. Lucie County. 40 41 10. This Development Order shall be recorded in the Public Records of St. Lucie County, Florida. 42 This Development Order shall be recorded in order to provide constructive legal notice of 43 development conditions that run with the land. 44 45 11. The Final Plat shall not be recorded until constructible engineering plans are approved, and all 46 publiC and common improvements, including those items referenced in Condition Number 12, 47 are either: a) built and accepted or approved by St. Lucie County; or b) secured with a 48 developer's surety held by the St. Lucie County in a form approved by the County Attorney and 49 an amount approved by the County Engineer, including an amount necessary to cover the period 50 of maintenance required by the Land Development Code. 51 52 12. Pursuant to Section 11.03.02 and 11.04.00 of the St. Lucie County Land Development Code 53 constructible engineering plans shall be submitted to the County Engineer. \ February 19, 2008 Page 12 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 13. The County Engineer shall receive a copy of this Development Order and the site plan it approves The County Engineer shall not approve constructible engineering plans or cost estimates that do not implement or are not consistent with this Development Order and the plans hereby approved. Please contact this office if you have any questions on this matter. SUBMITTED BY: ~&¿¿¿s- Mark Satterlee Growth Management Director Attachment lap cc: Domenick R. Lioce, L D Real Estate Partnership Brian Nolan, Thomas Lucido & Assocates W. Lee Dobbins, Klein & Dobbins, P.L. File 1 Suggested motion to recommend approval/denial of this requested change in zoning. 2 3 MOTION TO APPROVE: 4 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING 5 STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. 6 LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF COUNTY 7 COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF L 0 REAL ESTATE 8 PARTNERSHIP, FOR A WAIVER FROM THE COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5 9 TO ALLOW LIMITED ENCROACHMENT INTO THE WETLANDS AND WETLAND BUFFERS AS 10 DEPICTED ON PELICAN REEF SITE PLAN LAST REVISED 11.01.07 AND APPROVE THE MINOR 11 SITE PLAN TO BE KNOWN AS PELICAN REEF LOCATED IN THE HIRD (HUTCHINSON ISLAND 12 RESIDENTIAL DISTRICT) ZONING DISTRICT, BECAUSE .... 13 14 15 [CITE REASON[S) WHY - PLEASE BE SPECIFIC). 16 MOTION TO DENY: 17 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING 18 STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. 19 LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY 20 BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF L 0 REAL ESTATE 21 PARTNERSHIP, FOR A WAIVER FROM THE COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5 22 TO ALLOW LIMITED ENCROACHMENT INTO THE WETLANDS AND WETLAND BUFFERS AS 23 DEPICTED ON PELICAN REEF SITE PLAN LAST REVISED 11.01.07 AND THE MINOR SITE PLAN TO 24 BE KNOWN AS PELICAN REEF LOCATED IN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL 25 DISTRICT) ZONING DISTRICT, BECAUSE .... 26 27 [CITE REASON[S) WHY - PLEASE BE SPECIFIC). verO"lIca Torres - Re: Pelican Reef - Due to Admin. by Noon Today(2/11) ?~, Page 1 From: To: Date: Subject: Amy Mott Torres, Veronica 2/11/2008 9:00:44 AM Re: Pelican Reef - Due to Admin. by Noon Today(2/11) Hi Veronica, Please consider this email ERD's sign off for the Pelican Reef agenda. Thanks, Amy »> Veronica Torres 2/11/2008 8:29 AM >>> Attached is a copy of the Agenda Request to be signed by ERD. Please reply. Thank you Veronica Torres Growth Management Depl. 772-462-1586 torresy@stlucieco.aoy cc: Lowery, Lee Ann; Pendarvis, Linda ~ '" ~ County Commission Review: 02/19/2008 File Number MNSP-05-002 MEMORANDUM GROWTH MANAGEMENT DEPARTMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Board of County Commissioners TO: FROM: ~ Mark Satterlee, Growth Management Director Kristin Tetsworth, Planning Manager PREPARED BY: DATE: ITEM: Linda Pendarvis, Planner December 27, 2007 MNSP 05-002 GENERAL INFORMATION: APPLICANT: UD Real Estate Partnership C/O Domenick R. Lioce 1645 Palm Beach Lakes Blvd; Suite 1200 West Palm Beach, FL 33401 561.686.3307 CONTACT: Thomas Lucido & Associates Brian Nolan 100 Avenue A, Suite 2A Fort Pierce, FL 34950 772.467.1301 Klein & Dobbins, P.L. W. Lee Dobbins 805 Virginia Avenue, Suite 25 Fort Pierce, FL 34982 772.409.1133 Ext. 202 REQUESTED ACTION: The request of UD Real Estate Partnership for a waiver from the Comprehensive Plan Policy 8.1,14.2 and Policy 8.1.14.5 to allow the construction of an access roadway which will directlv imoact 0.36 acres of a Cateoorv 1 wetland and 0.04 acres of additional imoacts of the reQuired minimum 50 (fifty) foot buffer between the wetland and the proposed residential development. This waiver if approved will allow for the approval and development of the proposed Minor Site Plan to be known as Pelican Reef, located on the east side of South Ocean Drive, on South Hutchinson Island. A Minor Site Plan shall be approved by the Growth Management Director pursuant to Section 11.02.03.A(5). The request for the waiver for 0.36 acres of imoact in a CateQorv 1 wetland that is reQuired to orovide access to the site and 0.04 acres of encroachment into the reQuired 50 (fifty) foot wetland buffer must be reviewed by this Board prior to the decision of the approval or denial of the Pelican Reef Minor Site Plan. Staff is requesting the Minor Site Plan also be reviewed by this Board since it can not be approved ., ... February 19, 2008 Page 2 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 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 without the waiver from Policies 8.1.14.2 and 8.1.14.5. Draft Resolution No. 08- 011 (MNSP-05-002) The proposed Pelican Reef Subdivision consists of 7 (seven) single family residential lots east of the 1988 Coastal Construction Control Line. The proposed Minor Site Plan is located on a 6.824 acre parcel on the east side of South Ocean Drive, approximately 2,500 feet south of the Watersong Development's south entrance and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island. The subdivision developer is requesting that the Board grant a waiver for 0.36 acres of imoact in a CateQorv 1 wetland that is reQuired to provide access to the site and 0.04 acres of encroachment in the 50 (fifty) foot wetland buffer from the Comprehensive Plan Policies 8.1.14.2 and 8.1.14.5. The Policy 8.1.14.2 of the S1. Lucie County Comprehensive Plan states that, "the County shall not permit development in a Category I or II wetland or any wetland buffer associated with these wetlands'. Policy 8.1.14.5 states that the "County shall require a minimum 50-foot buffer between Category I or II wetlands and new development activity in order to protect water quality, preserve natural functions, and preserve wildlife habitat". These provisions shall only be waived following the review and approval of the Board of County Commissioners. PURPOSE: LOCATION: East side of South Ocean Drive, approximately 2,500 feet south of the Watersong development's south entrance and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island. ZONING DESIGNATION: FUTURE LAND USE: HIRD (Hutchinson Island Residential District) RU (Residential Urban - maximum density of 5 dwelling units per gross acre) 6.824 acres PARCEL SIZE: PROPOSED USE: PROPOSED DENSITY: 7 - Single-Family residential lots. 1.03 dwelling unit per acre SURROUNDING ZONING: North Island Vacant State owned South East West Island Vacant (also owned by L D Real Estate Partnershi 37 38 39 SURROUNDING LAND USES: 40 41 42 The existing land uses surrounding the property are vacant residential to the north and west; and S1. Lucie County Mosquito Control District impoundments to the south that are located on state owned ro e . RU (Residential, Urban - 5 Vacant dwellin units r ross acre CPUB Conservation - Public State owned RlC Residential- Conservation Vacant North South West 43 ~ February 19, 2008 Page 3 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 FIRE/EMS PROTECTION: Station #8 (7583 S. Ocean Drive), is located approximately 4 miles to the south. UTILITY SERVICE: Fort Pierce Utilities Authority will provide water service to the subject property and Sl Lucie County Utilities Department will provide sewer service to the subject property. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: The existing right-of-way width for South Ocean Drive State Road A-1-A is 100 feet. SCHEDULED IMPROVEMENTS: TYPE OF CONCURRENCY DOCUMENT REQUIRED: None Certificate of Capacity ************"..."" A'" A lA**********......***********************AA... AI"" ......... STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE Section 11.02.07, of the St. Lucie County land Development Code identifies the minimum Standards of Review for all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Minor Site Plan approval, utilizing these reqUirements and notes the following: A CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use Is consistent with the general purpose, goals, obJectives, and standarels of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standarels Imposed on It by the particular provisions of this Code authorizing such us. and any other requirement of the Code and Compiled Laws of St. Lucie County. The Pelican Reef Minor Site Plan is consistent with the standards of review as forth in the St. Lucie County land Development Code and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additional standards Imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. However the Pelican Reef Minor Site Plan is not completely consistent with the general purpose, goals, objectives and standards ,of. the St. Lucie County Comprehensive Plan. The proposed site plan does not comply with Policy 8.1.14.2 and Policy 8.1.14.5 of the Sl Lucie County Comprehensive Plan which prohibits any development with in a Category 1 wetland and any wetland buffer. The deficiencies and discrepancies of these policies are outlined in the EnvironmentallmDact section of this staff report. 1 2 3 4 5 6 7 8 B. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 v ......... February 19, 2008 Page 4 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 Policy 1.1.1.1 of the Sl Lucie County Comprehensive Plan establishes maximum residential densities for the Future Land Use Classification of RU (Residential Urban) at 5 dwelling units per gross acre. The proposed project is to be developed with a maximum residential density of 1.03 units per gross acre; therefore, the proposed project is consistent with this policy. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The project consist of 7 (seven) single family residential lots to be platted and sold to individual property owners. The Pelican Reef Minor Site Plan has been determined not to have an undue or adverse effect upon nearby properties. The property to the south is zoned Conservation-Public and is owned by the State. To the north of the proposed project is a residentially zoned parcel. 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the Immediate vicinity through building design, site design, landscaping, and screening All reasonable steps have been taken and the proposed project is not expected to adversely impact the surrounding properties. 3. The proposed building or use will be constructed, arranged, and operated so as not to Interfere with the development and use of neighboring property, In accordance with applicable district regulations. The proposed residential subdivision would result in an orderly and logical development pattern. The surrounding area to the south is property designated as conservation public and is owned by the State of Florida and South Florida Water Management Disbict. The surrounding area to the north is vacant residential. Approximately 2,500 feet to the north of the subject residential development is an approved Planned Unit Development known as the Watersong Planned Unit Development consisting of 91 detached single family units with the density of 3.2 dwelling units per gross acre on 28.32 acres of land and Watersong South Subdivision consisting of 18 single family lots has a density of 0.90 dwelling units per gross acre on 19.91 acres of land. The land area between the Watersong Developments and the proposed development consist of several one acre tracts known as Shell Cove Subdivision all fronting on South Ocean Drive as well as a seven acre tract immediately north of the Pelican Reef Minor Site Plan. This land area between the Watersong Developments and the proposed development is vacant land. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties but provide an opportunity for the parcel to the north to be developed while minimizing and possibly avoiding impacts to wetlands located on the northem parcel. The developer for Pelican Reef has designed the internal roadway with a future connection to the northem parcel so that additional impacts to the wetlands located on the northern parcel may be avoided by accessing their property by Pelican Reef access road. .. 1 C. 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 D. 31 32 33 34 35 36 37 38 39 40 41 E. 42 43 44 February 19, 2008 Page 5 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The Fort Pierce Utilities Authority (FPUA) will provide the proposed project with water and S1. Lucie County Utilities will provide wastewater service. Staff has reviewed the referenced project for transportation concurrency, and has made the following determination: Trip Generation: ·Single-Famlly Detached" (ITE 210) Fitted Curve Equation: Ln(T) = 0.92 Ln(X) + 2.71 How many trips: 90 average trips/day; (In: 50%, 45; Out: 50%, 45) PM Peak Hour Fitted Curve Equation: Ln(T) = 0.89 Ln(X) + 0.61 How many trips: 10 PM Peak hour of Generator; (In: 64%, 6; Out: 36%, 4) LOS Review using 2006 MPO Counts LOS Project LOS Pre- Development LOS Trips Post-Development LOS SR A1A South South of FPL Plant (0719) 4,200 8 58 4,258 B North of Blue Heron Blvd (0116) 1500 A 32 1,532 A Conclusion: The transportation impact statement for the proposed 7 -lot development indicates that all of the links within the impact study area are expected to operate at an acceptable level of service. The project compiles with Section 5.08.03(8), S1. Lucie County Land Development Code. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written conflnnatlon, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the S1. Lucie County Fire District confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. ., February 19, 2008 Page 7 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 I 2 3 4 5 6 7 8 9 10 II 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 3. Such activity complies with the requirements of all Federal, State and Local agencies claiming jurisdiction over wetland alteration and adequate mitigation of any adverse hydrological and physical alterations is provided. 4. No more than 1 percent of any Category I wetland is impacted, except as noted in Policy 8.1.14.3; 5. No more than 15 percent of any Category II wetland is impacted, except as noted in Policy 8.1.14.3; 6. Appropriate mitigation is provided.· Comprehensive Plan Policy 8.1.14.3 states that "In addition to the alteration provisions of Policy 8.1.14.3(c), alteration of a Category lor II wetland may be allowed when no other reasonable altemative exists and avoidance and minimization of impacts cannot otherwise be achieved. Any provision of this Comprehensive Plan or the land development code related to the preservation of a Category I or II wetland that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would result in a compensable taking of the property may be waived to the extent necessary to provide the minimum reasonable use, public or private, of the property. These provisions shall only be waived following the review and approval of the Board of County Commissioners... . . Comprehensive Plan Policy 8.1.14.5 states that "The County shall require a minimum SQ.-foot buffer between Category I and II wetlands and new development activity in order to protect water quality, preserve natural functions, and preserve wildlife habitat. The buffer, as measured landward from the approved jurisdictional line, shall be maintained in a natural vegetative state and be free of exotic and nuisance species as defined by the Florida Pest Council. " The road proposed to provide access to the project will directly impact 0.36 acres of a Category I wetland. The applicant has stated that due to the size of the wetland, impacts from the ingress- egress road are unavoidable. The wetland extends north and south across the property boundary. To minimize impacts to the wetland, the roadway alignment was placed on top of an old mosquito control berm. The applicant will provide culverts in the berm which will reconnect the wetlands to the Indian River Lagoon, restoring the historical water flow and allowing for mosquito control management, and will provide native planting along the berm. Through the Army Corps of Engineers avoidance and minimization process, the applicant has agreed to (a) provide wetland preservation land which will be dedicated to the County and the Corps by a Conservation Easement, (b) remove exotics and provide native plantings, and (c) purchase wetland mitigation creclits. For mitigation, the applicant has reserved one mitigation credit from St. Lucie County's Bear Point Mitigation Bank. On July 24, 2007, the Board of County Commissioners approved the proposed Bear Point Mitigation Bank Credit Reservation Agreement with L D Real Estate Partnership. Attach to this staff report is the consent agenda item presented by the Mosquito Control Director to the Board of County Commissioners. The County accepted twenty-four thousand five hundred and 00/100 dollars ($24,500.00) from the Developer for the reservation of one credit. This credit represents 3 times more mitigation than impact. The proposed wetland buffer measures a minimum of 4 feet wide, a maximum of 73 feet, and an average of SO feet in width. The applicant is proposing to place dry detention in the SO foot buffer and plant with native plants to act as a buffer while filtering storm water run-off. The entire wetland buffer, averaging SO feet wide, will be planted with appropriate native vegetation per the plan that was provided. A 0.02 acre area of the buffer will be impacted by the Fire Department required tum around at the south end of the road. The emergency turnaround will be stabilized with turf block which will allow percolation of rainwater as well as a cover of grass to be planted. Additionally, the lift station will impact another 0.02 acres of the buffer. The lift station is primarily buried in the ground, thereby minimizing its impact. Furthermore, the applicant proposes to -. February 19, 2008 Page 8 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 minimize the impact of these encroachments by providing native plantings around the 2 encroachments. At the request of staff, each of the residential units has been setback at least 25 3 feet from the required Dune Preservation Zone. According to the applicant, relocation of the lift 4 station and emergency tumaround is not possible without moving the units closer to the Dune 5 Preservation Zone. Staff recommends that the two encroachments into the wetland buffer 6 totaling 0.04 acres be allowed, in order to maintain the 25 foot setback from the Dune 7 Preservation Zone. 8 9 Additionally, at the request of the US ACOE, to reduce wetland impacts further, additional access 10 for the northem property has been provided through this project so they will not need an 11 additional access road through the wetland. The applicant for Turtle's Nest has received 12 approval from SLC for the ingress road and has permitted the road through FDEP; however the 13 applicant for Turtle Nest has been unsuccessful at receiving a US ACOE permit due to wetland 14 impacts for the creation of residential lots. The agreement with the US ACOE will be binding for 15 the Pelican Reef project that only one access will be utilized to access either parcel. Since the 16 Turtle Nest applicant has not altered the site plan, the Corps is proceeding to permit the access 17 for Pelican Reef. 18 AA AA............ "'J.*********~****""""""'**,***********,***"""'''''''''''********************'******* 19 20 21 CONDITIONS OF APPROVAL 22 1. A condition of approval of the site plan shall be that prior to the issuance of the first Certificate of 23 Occupancy for this project, the dune will be restored to FDEP mandated elevations and replanted 24 so as to achieved 100% coverage consisting of Sea Oats, Sea Grapes, and Saw Palmettos. 25 26 2. A condition of approval of the site plan shall be that prior to the issuance of a Sl Lucie County 27 Vegetation Removal Permit that documentation from wetland jurisdictional agencies regarding 28 acceptance of the wetland boundaries and approval of proposed impacts and associated 29 mitigation be provided. 30 31 3. A condition of approval of the site plan shall be that prior to issuance of a St. Lucie County 32 Vegetation Removal Permit that an erosion control plan and an approved FDEP suñace water 33 management permit be provided. 34 35 4. A condition of approval of the site plan shall be that prior to the issuance of a Sl Lucie County 36 Vegetation Removal Permit, documentation of USFWS's determination that no listed species will 37 be impacted by the development of this project. 38 39 5. A condition of approval of the site plan shall be that prior to issuance of a Sl Lucie County 40 Vegetation Removal Permit written authorization from the Florida Department of Environmental 41 Protection Bureau of Beaches and Coastal Division for construction seaward of the Coastal 42 Construction Control Line be provided. 43 44 6. A condition of approval of the site plan shall be that prior to issuance of a Sl Lucie County 45 Vegetation Removal Permit a revised Sea Turtle Protection Plan, addressing all of the previously 46 requested items, be submitted. 47 48 7. A condition of approval of the site plan shall be that prior to the issuance of a Sl Lucie County 49 Vegetation Removal Permit, the applicant conduct a site meeting with ERD staff, the 50 environmental consultant for this project, and relevant construction personnel. 51 52 8. A condition of approval of the site plan shall be that prior to the issuance of a Sl Lucie County 53 Vegetation Removal Permit that a recorded copy of a conservation easement dedicated to St. v ~ February 19, 2008 Page 9 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 Lucie County, covering the wetland, wetland buffer, and dune preservation zone be submitted. 2 3 9. A condition of approval of the site plan shall be that prior to the issuance of a S1. Lucie County 4 Vegetation Removal Permit that a recorded copy of the Declaration of Covanence For Pelican 5 Reef, with an Exhibit C that accurately reflects all preserve areas (including wetlands, wetland 6 buffers, and dune preservation zone) be submitted. 7 ......**********************....************************************..***********.******..**** 8 9 HISTORY OF REVIEW 10 An Environmental Impact Report was submitted. The EIR indicated that the entire dune was over 11 washed in the 2004 hurricanes and previous mangrove swamp area was filled with sand and that 12 the entire dune was subjected to breach in the 2004 hurricanes removing any previously existing 13 vegetation. However, prior to those events there were only Australian pines and a few small sea 14 grapes. The minimum finished floor elevation will be set above the 100 year, 3 day flood stage or 15 that elevation established by the FDEP, Bureau of Beaches and Coastal System, which for this 16 location is elevation 17.00 NGVD. A site visit was conducted by the USFWS with a Section 7 17 consultation by the USACOE. And neither agency observed any threatened, endangered or 18 species of special concem wildlife or plant species on the site. The development is proposing to 19 impact 0.36 acres of the wetland necessary to access the uplands on the eastem portion of the 20 project. The proposed compensatory mitigation to offset the filling of 0.36 acres of mangrove 21 swamp is to purchase credits from the Bear Point Mitigation Bank. The development is not 22 proposing to Impact any native upland habitat The post development scenario calls for 23 restoration of the primary dune and replanting of the upland buffer and replanting along the 24 access road. To reduce impacts to the wetlands, the access road will be located on a berm 25 created for mosquito ditching dominated by exotic vegetation and white mangroves. The 26 roadway will contain culverts as agreed to with the US ACOE in order to facilitate flushing and 27 movement of water. Reconnection of the wetland on the east side of A1A to the Indian River 28 Lagoon will open additional habitat to a variety of fish species and will make more detritus 29 available to the food chain. There are no native trees requiring mitigation. There was no 30 vegetation along the dune at the time of the original site inspections. The applicant will re- 31 vegetated the dune preservation zone in accordance with the Preserve Area Planting Plan. A 32 copy of the field WRAP data sheet was received demonstrating that the environmental consultant 33 determined the WRAP score of the wetland to be 65%. A shoreline stabilization plan and 34 assessment which demonstrates consistency with the appropriate policies set out in this Code, 35 including beach or dune restoration and maintenance to reduce or control erosion is requested as 36 a condition of approval. A detailed beach/dune restoration plan including existing and proposed 37 elevations, types and quantities of plants, proposed methods to assure plant survival (i.e.; 38 temporary irrigation), timing, etc. is requested as a condition of approval. The site plan moved all 39 residential lots outside of the dune preservation zone. A Preserve Area Monitoring and 40 Management Plan was submitted addressing exotic removal in all preserves, silt fencing and 41 protection barricades during construction, proposed monitoring program, proposed replanting 42 plan of native vegetation in any impacted areas, signage for preserve area boundaries, and 43 identification of parties responsible for future maintenance. The applicant has indicated that the 44 property on the west side of A1A is not part of this development and that possible future plans for 45 that portion of the site are to build docks. When the applicant applies for a FDEP permit for the 46 docks, the applicant will submit to the County an application for a site plan for the west side of 47 A1A, which will include a preserve area. A conservation easement providing perpetual protection 48 to the preserve areas has been required per a condition of approval. Homeowners Association 49 guidelineslDeclaration of Covanence documents were provided. 50 51 52 SUMMARY: 53 -. February 19, 2008 Page 10 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 The applicant, UD Real Estate Partnership, is proposing a 7 (seven) single family residential lot 2 subdivision zoned HIRD (Hutchinson Island Residential District) Zoning District on 6.824 acres of land 3 located on the east side of South Ocean Drive, approximately 2,500 feet south of the Watersong 4 development's south entrance and 2.5 miles north of the Florida Power and Light Facility. 5 6 A Minor Site Plan may be approved by the Growth Management Director but because of the unique 7 request of the waiver from the Comprehensive Plan Policy 8.1.14.2 and Policy 8.1.14.5 staff is 8 requesting the Board of County Commissioners approve the Pelican Reef Minor Site Plan contingent 9 upon the Board granting the requested waiver. 10 11 12 Natural Hazards: 13 The subject property is located in Flood Zone AE where the Base Flood Elevations are determined to 14 range from 8 feet to 10 feet as indicated on FEMA Map Number 12111 CO 194 G, Effective Date: 15 November 4, 1992. 16 17 All development permits that are located in a Flood Zone shall be in conformance with the Land 18 Development Code Provisions of the Flood Damage Prevention Section 6.05.00. 19 20 The buildable areas for the seven lot subdivision are located eastward of the 1988 Coastal Construction 21 Control Line. All development will need to be reviewed and authorized by the Florida Department of 22 Environmental Protection based on the site plan's compliance with Sl Lucie County Land Development 23 Code and Comprehensive Plan. 24 25 Analvsis: 26 Pelican Reef Minor Site Plan is located within an area designated as RU (Residential Urban) on the 27 Future Land Use Map. The Future Land use Element, Data & Analysis, defines the RU (Residential 28 Urban) area as the predominant land use category in the County. This residential land use category 29 provides for a maximum density of 5 dwelling units per gross acre. These properties need to be serviced 30 with central water and wastewater services. The subject property will be serviced by St. Lucie County 31 Utilities for wastewater and Fort Pierce Utility Authority for potable water. New development in the RU 32 areas can occur using traditional single-family or multi-family zoning designations or through the Planned 33 United Development process. The maximum residential densities in the HIRD (Hutchinson Island 34 Residential District) Zoning District are set forth in the future land use designation of the St. Lucie County 35 Comprehensive Plan. Therefore, if the topographic land area was more suitable for development the 36 applicant could possibly develop the subject property with 34 units. 37 38 The subject property lies south of several vacant residential properties zoned HIRD (Hutchinson Island 39 Residential District) Zoning District with a RU (Residential Urban) Future Land Use designation. The 40 property immediately north of the subject property is approximately 7 acres. The six parcels to the north 41 of that tract consist of six one acre plus tracts in a platted subdivision known as Shell Cove. 42 43 This petition for Pelican Reef Minor Site Plan meets the standards of review as set forth in Section 44 11.02.07 of the St. Lucie County Land Development Code and is not completely consistent with the goals, 45 objectives, and policies of the St. Lucie County Comprehensive Plan. 46 47 Attached is a copy of draft Resolution No. 08-011, which would grant approval to the petition of UD Real 48 Estate Partnership for waiver for 0.36 aaes of imoact in a Cateaorv 1 wetland that is reauired to orovide 49 access to the site and 0.04 aaes of enaoachment in the reauired minimum 50 (fifty) foot buffer reauired 50 between the wetland and the residential develooment and a Minor Site Plan located within HIRD 51 (Hutchinson Island Residential District) Zoning District for the project known as Pelican Reef, subject to 52 the following limiting conditions: 53 4- -..... February 19, 2008 Page 11 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 1. Prior to the issuance of the first Certificate of Occupancy for this project, the dune will be restored 2 to Florida Department Environmental Protection mandated elevations and replanted so as to 3 achieve 100% coverage consisting of Sea Oats, Sea Grapes, and Saw Palmettos. 4 5 2. Prior to the issuance of a St. Lucie County Vegetation Removal Permit documentation from all 6 appropriate wetland jurisdictional agencies must be provided to the Environmental Resource 7 Department regarding acceptance of the wetland boundaries and approval of proposed impacts 8 and associated mitigation. 9 10 3. Prior to issuance of a St. Lucie County Vegetation Removal Permit an erosion control plan and an 11 approved Florida Department of Environmental Protection surface water management permit 12 must be provided to the Environmental Resource Department. 13 14 4. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, documentation must be 15 submitted to the Environmental Resource Department from the US Fish and Wildlife Service 16 indicating that no listed species will be impaded by the development of this project. 17 18 5. Prior to issuance of a Sl Lucie County Vegetation Removal Permit written authorization from the 19 Florida Department of Environmental Protection Bureau of Beaches and Coastal Division for 20 construction seaward Of the Coastal Construction Control Line must be provided to St. Lucie 21 County. 22 23 6. Prior to issuance of a St. Lucie County Vegetation Removal Permit a revised Sea Turtle 24 Protection Plan, addressing all of the previously requested items must be submitted to the 25 Environmental Resource Department. 26 27 7. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the applicant must 28 conduct a site meeting with Environmental Resource Department staff, the environmental 29 consultant for this project, and relevant construction personnel. 30 31 8. Prior to the issuance of a St. Lucie County Vegetation Removal Permit a recorded copy of a 32 conservation easement dedicated to St. Lucie County, covering the wetland, weUand buffer, and 33 dune preservation zone must be submitted in a form and manner acceptable to the County 34 Attorney. 35 36 9. Prior to the issuance of a Sl Lucie County Vegetation Removal Permit that a recorded copy of 37 the Declaration of Covanence for Pelican Reef, with an Exhibit C that accurately reflects all 38 preserve areas (including weUands, weUand buffers, and dune preservation zone) must be 39 submitted to St. Lucie County. 40 41 10. This Development Order shall be recorded in the Public RecorcIs of Sl Lucie County, Florida. 42 This Development Order shall be recorded in order to provide constructive legal notice of 43 development conditions that run with the land. 44 45 11. The Final Plat shall not be recorded until constructible engineering plans are approved, and all 46 public and common improvements. including those items referenced in Condition Number 12, 47 are either: a) built and accepted or approved by St. Lucie County; or b) secured with a 48 developer's surety held by the Sl Lucie County in a form approved by the County Attorney and 49 an amount approved by the County Engineer, including an amount necessary to cover the period 50 of maintenance required by the Land Development Code. 51 52 12. Pursuant to Section 11.03.02 and 11.04.00 of the Sl Lucie County Land Development Code 53 constructible engineering plans shall be submitted to the County Engineer. .. February 19, 2008 Page 12 Subject: Pelican Reef Minor Site Plan File No.: MNSP 05-002 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 13. The County Engineer shall receive a copy of this Development Order and the site plan it approves The County Engineer shall not approve constructible engineering plans or cost estimates that do not implement or are not consistent with this Development Order and the plans hereby approved. Please contact this office if you have any questions on this matter. SUBMITTED BY: ~~¿LtS- Mark Satterlee Growth Management Director Attachment lap cc: Domenick R. Lioce. L 0 Real Estate Partnership Brian Nolan, Thomas Lucido & Assocates W. Lee Dobbins. Klein & Dobbins. P.L File ..... 1 Suggested motion to recommend approvaVdenial of this requested change in zoning. 2 3 MOTION TO APPROVE: 4 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING 5 STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. 6 LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF COUNTY 7 COMMISSIONERS GRANT APPROVAL TO THE APPLICATION OF L D REAL ESTATE 8 PARTNERSHIP, FOR A WAIVER FROM THE COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5 9 TO ALLOW LIMITED ENCROACHMENT INTO THE WETLANDS AND WETLAND BUFFERS AS 10 DEPICTED ON PELICAN REEF SITE PLAN LAST REVISED 11.01.07 AND APPROVE THE MINOR 11 SITE PLAN TO BE KNOWN AS PELICAN REEF LOCATED IN THE HIRD (HUTCHINSON ISLAND 12 RESIDENTIAL DISTRICT) ZONING DISTRICT, BECAUSE .... 13 14 15 (CITE REASON(S) WHY - PLEASE BE SPECIFIC]. 16 MOTION TO DENY: 17 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING 18 STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. 19 LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY 20 BOARD OF COUNTY COMMISSIONERS DENY THE APPLICATION OF L D REAL ESTATE 21 PARTNERSHIP, FOR A WAIVER FROM THE COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5 22 TO ALLOW LIMITED ENCROACHMENT INTO THE WETLANDS AND WETLAND BUFFERS AS 23 DEPICTED ON PELICAN REEF SITE PLAN LAST REVISED 11.01.07 AND THE MINOR SITE PLAN TO 24 BE KNOWN AS PELICAN REEF LOCATED IN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL 25 DISTRICT) ZONING DISTRICT, BECAUSE .... 26 27 (CITE REASON(S) WHY - PLEASE BE SPECIFIC]. '*, . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 RESOLUTION NO. 08-011 FILE NO.: MNSP 05-002 A RESOLUTION GRANTING A WAIVER FROM THE COMPREHENSIVE PLAN POLICY 8.1.14.2 AND 8.1.14.5 AND GRANTING MINOR SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PELICAN REEF LOCATED IN THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA; PROVIDING FOR DETERMINATIONS; PROVIDING FOR APPROVAL SUBJECT TO CONDITIONS; PROVIDING FOR LEGAL DESCRIPTION OF THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT OF CONDITIONS; AND PROVIDING FOR RECORD FILE LOCATION. 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: WAIVER 1. L D Real Estate Partnership, presented a petition for a waiver from the Comprehensive Plan Policy 8.1.14.2 for 0.36 acres of direct impact in a Category 1 wetland to allow the construction of an access roadwav and Policy 8.1.14.5 to allow the encroachment of a 0.02 acre turf block emergency vehicle turnaround area and a 0.02 acre lift station and turnaround area in the 50 foot buffer required between the wetland and the residential development activity, located on South Hutchinson Island for certain property in St. Lucie County, Florida, the purpose of which is to grant Minor Site Plan approval for a residential subdivision consisting of seven (7) single-family lots to be known as Pelican Reef located on the East side of South Ocean Drive, approximately 2,500 feet south of the Watersong PUD development's south entrance and 2.5 miles north of the FPL Nuclear Power Plant in the HIRD (Hutchinson Island Residential District) Zoning District. 2. On February 19, 2008, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail owners of property within 1,000 feet of the subject property at least 10 days prior to the public hearing. 3. After consideration of the testimony presented during the February 19, 2008, public hearing. including staff comments and the standards of review for granting a waiver as set out in Policy 8.1.14.2(d), St. Lucie County Comprehensive Plan, the Board of County Commissioners has made the following determination: 1. The requested waiver for 0.36 acres of impact In a Category 1 wetland that Is required to provide access to the site and 0.04 acres of encroachment into the required 50 (fifty) foot wetland buffer between wetland and the proposed residential development, subject to the conditions In Section C below meets the standards of review as set forth in Polley 8.1.14.2(d) of the St. Lucie County Comprehensive Plan. 2. The waiver granted will not Impair other properly or Improvements in the neighborhood. 3. The waiver granted is the minimum needed to allow for access to the proposed development and to provide for the turf block emergency vehicle File No.: MNSP 05-002 February 19, 2008 Resolution No. 08-011 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 'l ~ turnaround area required by the Fire District located at the south end of Pelican Reef Drive and the lift station and turnaround located at the north end of Pelican Reef Drive. 4. The waiver granted meets the general spirit and intent of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan. SITE PLAN 4. The petitioner, L D Real Estate Partnershio. is proposing the development of a residential subdivision consisting of seven (7) single family lots for the project to be known as Pelican Reef located on the East side of South Ocean Drive, approximately 2,500 feet south of the Watersong PUD development's south entrance and 2.5 miles north of the FPL Nuclear Power Plant in the HIRD (Hutchinson Island Residential District) Zoning District. 5. The Development Review Committee has reviewed the Minor Site Plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Section C of this Resolution. 6. The proposed project is consistent with the general purpose, goals, objectives, and standards of the 51. Lucie County Land Development Code, the SI. Lucie County Comprehensive Plan and the Code of Ordinances of 51. Lucie County. 7. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 8. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 9. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 10. The proposed project will be served by adequate public facilities and services. 11. The applicant has demonstrated that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. 12. The applicant has applied for and received a certificate of capacity, a copy of which is attached to this order as Exhibit A, as required under Chapter V, 51. Lucie County Land Development Code. NOW. THEREFORE, BE IT RESOLVED by the Board of County Commissioners of SI. Lucie County, Florida: WAIVER A. The petition for a Waiver for 0.36 acres of imoact in a Cateaorv 1 wetland this is reauired to orovide access to the site and 0.04 acres of encroachment in the 50 (fifty) foot wetland buffer from the Provisions of Policy 8.1.14.2 and 8.1.14.5, St. Lucie County Comprehensive Plan, for the alteration of wetlands and impacts to wetland buffers when no other reasonable altemative exists and avoidance and minimization of impacts cannot otherwise be achieved, submitted by W. Lee Dobbins on behalf of L D Real Estate Partnership is arantedldenied for the property described below. subject to the following conditions described in Section C: B. The property on which this waiver request is being aDDrovedldenied is described in Section F: File No.: MNSP 05-002 February 19, 2008 Resolution No. 08-011 Page 2 Í' ì 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 C. This waiver will allow for the access road for the project to be known as Pelican Reef to directly impact 0.36 acres of a Category 1 wetland due to the size of the wetland the impacts from the ingress-egress road is unavoidable. This wavier will also allow the encroachment of a 0.02 acre turf block emergency vehide tumaround area and a 0.02 acre lift station and tumaround area, the purpose of which is to allow the residential units to be set back 25 feet from the required Dune Preservation Zone. D. This waiver shall not be valid for a period longer than the approval granted In Section G of this Resolution. SITE PLAN E. Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Minor Site Plan for the project to be known as Pelican Reef. is hereby aoorovedldenied as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates. P.A., on August 17. 2004, and last revised on November 1, 2007, and date stamped received by the St. Lucie County Growth Management Director on February 1, 2008. subject to the following conditions: 1. Prior to the issuance of the first Certificete of Occupancy for this project, the dune will be restored to Florida Department Environmental Protection mandated elevations and replanted so as to achieve 100% coverage consisting of Sea Oats, Sea Grapes, and Saw Palmettos. 2. Prior to the issuance of a St. Lucie County Vegetation Removal Permit documentation from all appropriate wetland jurisdictional agencies must be provided to the Environmental Resource Department regarding acceptance of the wetland boundaries and approval of proposed impacts and associated mitigation. 3. Prior to issuance of a St. Lucie County Vegetation Removal Permit an erosion control plan and an approved Florida Department of Environmental Protection surface water management permit must be provided to the Environmental Resource Department. 4. Prior to the issuance of a St. Lucie County Vegetation Removal Permit. documentation must be submitted to the Environmental Resource Department from the US Fish and Wildlife Service indicating that no listed species will be impacted by the development of this project. 5. Prior to issuance of a St. Lucie County Vegetation Removal Permit written authorization from the Florida Department of Environmental Protection Bureau of Beaches and Coastal Division for construction seaward of the Coastal Construction Control Line must be provided to St. Lucie County. 6. Prior to issuance of a St. Lucie County Vegetation Removal Permit a revised Sea Turtle Protection Plan, addressing all of the previously requested items must be submitted to the Environmental Resource Department. 7. Prior to the issuance of a St. Lucie County Vegetation Removal Permit, the applicant must conduct a site meeting with Environmental Resource Department staff. the environmental consultant for this project, and relevant construction personnel. 8. Prior to the issuance of a St. Lucie County Vegetation Removal Permit a recorded copy of a conservation easement dedicated to St. Lucie County, covering the wetland. wetland buffer, and dune preservation zone must be submitted in a form and manner acceptable to the County Attorney. 9. Prior to the issuance of a St. Lucie County Vegetation Removal Permit that a recorded copy of the Declaration of Covanence for Pelican Reef. with an Exhibit C that accurately reflects all preserve areas (including wetlands, wetland buffers. Resolution No. 08-011 Page 3 File No.: MNSP 05-002 February 19. 2008 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 , '. and dune preservation zone) must be submitted to St. Lucie County. 10. This Development Order shall be recorded in the Public Records of St. Lucie County. Florida. This Development Order shall be recorded in order to provide constructive legal notice of development conditions that run with the land. 11. The Final Plat shall not be recorded until constructible engineering plans are approved, and all publiC and common improvements, including those items referenced in Condition Number 12, are either: a) built and accepted or approved by St. Lucie County; or b) secured with a developer's surety held by the St. Lucie County in a form approved by the County Attorney and an amount approved by the County Engineer, including an amount necessary to cover the period of maintenance required by the Land Development Code. 12. Pursuant to Section 11.03.02 and 11.04.00 of the St. Lucie County Land Development Code constructible engineering plans shall be submitted to the County Engineer. 13. The County Engineer shall receive a copy of this Development Order and the site plan it approves The County Engineer shall not approve constructible engineering plans or cost estimates that do not implement or are not consistent with this Development Order and the plans hereby approved. F. The property on which this site plan approval is being arantedfdenied is described as follows: THE SOUTH 500 FEET OF GOVERNMENT LOTS 5 AND 6 OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA, LYING EAST OF A 100 FOOT WIDE RIGHT OF WAY FOR STATE ROAD A·i- A. (Location: East side of South Ocean Drive, approximately 2,500 feet south of the Watersong development's south entrsnce and 2.5 miles north of the Florida Power and Light facility on South Hutchinson Island. Property Tax 10# 2532-344-0001-OO0f4) G. The approvals and authorizations granted by this Resolution for the purpose of obtaining building permits on this property, shall expire on February 19, 2010, unless the developer has obtained a Final Plat approval for the site planfsubdivision described in Section E or an extension has been granted in accordance with Section 11.02.06(8)(1), St. Lucie County Land Development Code. H. The Minor Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, L D Real Estate Partnership, 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 Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permit of authorizations to commence development activities on the property described in Section F. I. The conditions set forth in Section E are an integral nonseverable part of the site plan approval granted by this Resolution. If any condition set forth in Section E is determined to be invalid or unenforceable for any reason and the developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. J. A copy of this Resolution shall be attached to the site plan drawings described in Section E. which plan shall be placed on 11113 with the St. Lucie County Growth Management Director. After motion and second, the vote on this resolution was as follows: File No.: MNSP 05-002 February 19, 2008 Resolution No. 08-011 Page 4 r .' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ~~ 54 55 56 57 58 59 60 g~ 63 64 Chairman Joseph E. Smith Viœ-Chair Paula Lewis Commissioner Doug Coward Commissioner Charles Grande Commissioner Chris Craft xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 19111 day of February, 2008. ATTEST Deputy Cieri< BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY lap H:\Plannlng\Pelican Reef\(2).Pelican Reef RESOLUTION draft 4.doc File No.: MNSP 05-002 February 19, 2008 Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 08-011 Page 5 , . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Exhibit A 19 20 . Certificate of Capacity 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 File No.: MNSP 05-002 February 19. 2008 Resolution No. 08-011 Page 6 " .I CÒUNTY -'. FLORIDA CERTIFICATE OF CAPACITY 2300 Virginia Avenue Ft. Pierce, FL 34982 (772)-462-2822 Date: 1/14/2008 Certificate No. 2709 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development 7-Lot SF Residential on So. Hutchinson Island Number of units 7 Number of square feet 2. Property legal description & Tax ID no. 25323,4400010004 South HlJtchinson Island Pelican Reef 3. Approval: Building Permit Resolution No. 08-011 Letter 4. Subject to the following conditions for concurrency: Owner's name L D.R921 E$te Partnership Address 1645 Palm Beach l,.akes Blvd West Palm Beach FL 33401 6. Certificate Expiration Date The certificate of capacity shaD be valid for the same period of time as the Development Order. Section 5.0S.04(B), St. Lucie County Land Development Code. This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. -11A.t2.. ¥-- S A- r'f~t2..~ Signed Growth Management Director: St Lucie County, Florida Date: 1/14/2008 --'1 Aiæ€tt ) K/()vtE - Concurrency Review by: Signed ~ . Date: 1/14/2008 Monday, January 14, 2008 Page 1 of 1 '. 1 2 3 4 5 6 7 8 Exhibit B 9 10 . General Location Map 11 . Subject Area Map 12 13 14 15 16 17 18 19 20 21 22 23 File No,: MNSP 05-002 February 19. 2008 Resolution No. 08-011 Page 7 r .Q. ..c II) .... Q) c ... C\I A- 0 t:: ,;;, j ~ CiI 0 ¡,.¡ -i' a. 0 ~.~ I t~ ~ LO ., Q) ::J 0 C +-' ~I ., CiI a. ..., +-' ~ ~ r "0 II) CI) ~ W ., Z 't~ a. ~ CiI :::2: cd a. 0 a. Q) ., c:: ::;¡ Cl ....J <:- § 8 ,~ 0: <: ~ .£ pBO~ UU'14S PH Iiüë5Jap"H ~ '" o -pfl~--· BUBO .,Z-O ~ e o III I I I I I i I I I I I I _______________--1 ¡(luno:) aaqoq:Jaa>fO t ð ·S ~ ~ o ~I '" u MNSP 05-002 L D Real Estate Partnership for the petition of the Minor Site Plan to be known as Pelican Reef to request a Waiver from the Comprehensive Plan Policy 8.1.14.2 to allow the construction of an access roadway which will directly impact a Category 1 Wetland and Policy 8.1.14.5 that will lack a maximum of 46 feet of the minimum 50 foot buffer required between the wetland and the residential develo ment activit . located on South Hutchinson Island ~ 0,;,. ~ ~¡ ~ ~ ~ ~. o o ~ ~ ........... .. .. .. . . . . . . . . . . . . . . . . . . . · · · · · · . . . . . . . . .. .. . N A D Subject property .- . . -. . . 1000' notification area ...... 9:" .t:-ø &'--9~ (j"f1'lÞ'1"Ii .NiZ1Uf!I"""'" O'!JRITtwumt Map prepared January 8, 2008 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA FEBRUARY 19, 2008 NOTICe OF PROPOSeD WAIVER REOUEST In accordance with Section 11.00.03 Oflhe Stlucie COUnIy Lan<l Otvetopment Code and in accordancewittt Policy 8.1.1·U oftne St. Lucie COunty ~rehensive Plan, the folloWing applicant has requested "'a. tt1e St. Lucie County Board of County CommÍ8tioners conaider the rttqUØ8lU follows: Petition of L D RNt htltll PartMrahlp, for a Waiver from the Proyisions of the Conservation Element Policy 8.1.14.2 of the Sl Lucie County ComprenensiYe Plan to allow the oonstnJCtiQn of an access roadway whIch will direcly impact . Category 1 WeIland anøa WaiVer form the Provisions of the ConMrvllllOn Element Policy 8.1.14.5 to allow 2 el'lCfOaOhments into the required minimum 50 (fifty) 1o?i bufter required between the weiland and resldehtial development actMty. The Petitioners have requested the waiver in conjunction wilh . reql.l88t is lor the approval of the proposed Minor SIte Plan 10 be known n Peliøan Reef, ... resklenlial subdiYillOn consisting of 7 single tarnily lots IocaIød on Sout" Hutchinson Isln in the ti tRD (Hulchinson 1sIenr:f Residential District) Zoning DistriCt for the follOWing de8Cribød property: LEGAL DescRIPTION: THE SOUTH 5110 ÆET OF GOVEllNMENT LOTS I AND 6 OF SECTION 3Z. TOWNSH. 31 SOUTH, RANGE 41 EAST. ST. LUCIE COUNTY, FLORIOA LYING gsr OF A 100 FOOT WIJE RIClHT OF WAY I'llR STAll! ROAD A. I-A. LOCATION: _ lido 01 South Ocean D...., op_I_1IV 2,500 .... 00"", .. tho Weler.ong PUD development's IIOUth en&ance ..d U miles north or the FIarld8 _.nøLl¡llItacff11y. RESOLUTION NO. OS-011 FILE NO.: MNSPOI-OOI A III!SOLUTION GRANTING A WAIVER FROM THE COMPREHENSIVE PLAN POuCY 8.1.14.2 AND 8.1.1U AIlD __ SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS PELICAN REEF IN THE HIRD (HlfTCHINSON ISLAND RES81ENTIAL DISTRICT) ZOIlNG DISTRIÇT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLDRIlA; PROVIDING I'llR DE:TERMINATIOHS, PROVIDING FOR APPROVAL SUIlJECT TO CONDITIONS: PROVIDING FOR LEGAL DESCRIPTION DP THE AFFECTED PROPERTY; PROVIDING FOR ENFORCEMENT DF CONDITIDNS; AND PROVIDING FOR RI!CORD FILE LOCA.1ION. _ 06-002 L D..............................."'__...flIIalD...WlIIMIn..1ItllwI ,.,1O~.....'-'..~PliIlII"-..,.,4.2ID__... ~CÆ..IlCOMI~-'*"..diRtIr......a~tllllllln:l...."*' '.1.1UllIIIwlllliIclItl NaXlrnMlfl......................lOfOOt................. .. \ \ n.n............ '. .....\ ) ." ..... 8==- The Public HMrInIll on this petitiOn will be held in Commission Chambers. Roger Poitras Annex of the St Lucie ColJnty Administratian Building, 2300 Virginia Avenue. Fori Pierce, Florlda on TUNCII.,. Febl'tary ii, 2008. beginning aI 6:00 P.M. or as soon II1erutI8r as posaible. All inleresl8d pInOns will be given an opportunity to be hBIwd. WrItten comments received in advance of the public hearing will also be considerød. WriIIen CC1mm&nt$ to the Board 01 County CommissionefS should be rvaeived by the Growth Management Department - Planning DIviSion 8t IeaII 3 days prior 10 the SCheduled hearing. The petition iii. I, avaJJabIe for review during regUlar buslne.. hours at the Growth Management Oepartment oMcøs JocaI8d 8t 2300 VifginÎII Avenue, Fort Pierœ, F1or1da. P1næ call 7721462·2822 or 1:0.0. n-482·1428 if you ~ve any questíons or require additional ir*:tnnation. In øccordance with t,.,. ProVisions of Policy 8.1.14.3, Conservation Element. of Itw St. Lucie Counly Compl'8henllve P'-n, the Board of CouÆy CornmiSsionel'1l may waive any ProviSion of the Comprehensive Plan or the Land DewIQpment Code reJa1ed 10 lhe prøervation 01 a Category or II ......nd 1h8I precludes ell ,,,.onabb. economicatty Viable us. 01 Ihe property or would prohibit a rHtOnIlbIe public use of the property and which iI applied would ntSul In 8 compensable "king of the property. 10 the .æl"ll neœssary 10 pravide minImum l'88SOnable use, public or priW1e, of the property_ The prooee(llngs of the Boerø of County Commissianers are electronically recorded. PUR~ TO 8aetion tMLØ1Ð& Florida stat..... if a pemon deCk:le$1O aPÞØI any decision made by 111. SOard of Countr Comml88loner1 WIth respecI to any matter considered at a meeting Of hearlne. he will need .. record of 'If1e Proceedings. For such purpose, he may need 10 ensure that a vel'blllim record Of the proceedings is made, Which record indudøs the 1estimony and evidenc» upon which the appeal is to be ba9ed. Upon the request of any party 10 the ptOOeedjng, individuals testifying c:luring 8 hearing will be sworn In. Any party 10 the prooeeding will be granted an opportunity to cros... EWlmine any Individual testIfying dLling . hearing upon røquøsL III becomes necessary, a public hearing may be continued from Hrne to time as may be necessary 10 Iil dale- certain. Anyone with II disability requiring accomrnocfetion 10 dend Ih1$ meeting should contact the St. Lucie COUnly Community Services Dirac10r .1 least for1y-eight (48) hours prior to the meeting aI 7721462~ 1777 or T.D.O. 172J462~' 428. BOARD OF COUNTY COMMISSION ST. LUCIE COUNTY, FLORIDA Is' JOSEPH E. SMllH - CHAIRMAN PUBUSH DATE: _ BOARD OF COUNTY COMMISSIONERS -,..,................,..,.,.,"'..;",.,....,',..".,..,..".....'.."......................, ".- .. ....,., -: -'.. -"'." .- -." -.,:-.,.,:.'.:-.-.,,:-.,.-.,. :.. ...... -. .. . .. . GROWTH MANAGEMENT February 6, 2008 In accordance with the provIsions of the St. Lucie County Land Development Code and the St. Lucie County Comprehensive Plan, you are hereby advised that L 0 Real Esbde Partnership has petitioned St. Lucie County for a Waiver from the Provisions of the Conservation Element Polic~ 8.1.14.2 and 8.1.14.5 of the St. Lucie County Comprehensive Plan to allow the construction of an access roadway which will directly impact a Category 1 Wetiand and an additional 0.04 acres of Impacts of the required minimum 50 (fifty) foot buffer required between the wetiand and the residential development activity. The Petitioners heve requested the waiver in conjunction with a request for the approval of the proposed Minor Site Plan to be known as Pelican Reef, a residential subdivision consisting of 7 single family lots located on South Hutchinson Island in the HIRD (Hutchinson Island Residential District) Zoning District for the following described property: LOCATION: East side of South Ocean Drive, approximately 2,500 feet south of the Watersong Development's south entrance and 2.5 miles north of the Florida Power and Light facility. PROPERTY TAX 10#: 2532-344-0001-000/4 LEGAL DESCRIPTION: THE SOUTH 500 FEET OF GOVERNMENT LOTS 5 AND 6 OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 41 EAST, ST. LUCIE COUNTY, FLORIDA LYING EAST OF A 100 FOOT WIDE RIGHT OF WAY FOR STATE ROAD A-1- A. The public hearing on this petition has been scheduled for Tuesdav. Februarv 19. 2008. at 6:00 p.m., or as soon thereafter as possible, In the Commission Chambers, Roger Poitras Annu of the St Lucie County Admlnlslnltlon Building, 2300 VIrgInia Avenue, Fort Pierce, Florida. All Interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the Board of County Commission should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, Fort Pierce, Florida during regular business hours. Please call 772-462-2822 or T.D.D. 772-462-1428 If you have any questions or require additional information. In accordance with the proviSions of Policy 8.1.14.3, Conservation Element, of the St. Lucie County Comprehensive Plan, the Board of County Commissioners may waive any provision of the Comprehensive Plan or the Land Development Code related to the preservation of a Category I or II wetland that precludes all reasonable economically viable use of the property or would prohibit a reasonable public use of the property and which if applied would resuit in a compensable taking of the property, to the extent necessary to provide minimum reasonable use, public or private. of the property. The proceedings of the Board of County Commission are electronically recorded. PURSUANT TO Section 286.0105. Florida Statutes. if a person decides to appeal any decision made by the Board of County Commissioners with respect to any matter considered at a meeting or hearing, he 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 from time to time as may be necessary to a date-certain. JOSEPH E, SMITH, District No, I . OOUG COWARD, District No, 2 . PAULA A. LEWIS, District No, 3 . CHARLES GRANDE, District No, 4 . CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson Website: www.co.st-Iucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 Administration: (772) 462-1590 FAX: (772) 462-2845 Planning: (772) 462-2822 GIS/Mapping Services: (772) 462-2822 FAX: [172) 462-1581 Economic Development: (772) 462-1550 FAX: (772) 462-1579 Tourist Development: (772) 462-1535 1 (800)344- TGIF FAX: (772) 462-2132 sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing YP9.1) f!l9!'!l,!lJ.. ,11,~ P!lç9m~~ .I)!lÇl}~~!ry, !' P!IþJiçh!l!,.~iN m!'y ~ ç9,n!i.l)!l~9fr9m ~I!,I~ ñ> !!I!,I~ !'!4 m!'y P~ .I)~~~!"ry J9 !' 9!'J!l-Ç~.,!!,.!I).. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at 772-462-1777 or T.D.D. 7n-462-1428. If you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. If you should have any questions, additional information may be obtained by calling 772-462-2822. Please refer to File No.: MNSP-Ð5-Ð02 Sincerely, BOARD OF COUNTY COMMISSION S,.: Ufcfè COÙÌTY, FLÒï~iöX' -.- Joseph E. Smith, Chairman MNSP 05-002 L 0 Real Estate Partnership for the petition of the Minor Site Plan to be known as Pelican Reef to request a Waiver from the Comprehensive Plan Policy 8.1.14.2 to allow the construction of an access roadway which will directly impact a Category 1 Wetland and Policy 8.1.14.5 that will lack a maximum of 46 feet of the minimum 50 foot buffer required between the -wetland and the reskJefltæ-l devef t aGl:°' -located 00 South Hut~hinsoo ffiIaßd ~ Ç:;. ~ ~. z. ~ D Subject property .- .. -. . . 1000' notification area ...... ~ ~ ~. () '6 ~ ~ ............. .... ... .. .. .. .. .. .. .. .. . .. .. .. .. .. . , . .. · · · · · J , , , . , , , ~ . . . I' I 5è ..L..~ &.~_ fi1'trW'tÆ.N~Z1tejNZl"lJfUmt N A Map prepared January 8, 2008 ~.....'..'......'....'...'.'.....'.'.. cj r- ~. F-,'r:-<'''/-;;~'"'.,.,~ , ---! - , / -' , ,', ;Lx \./',;.:E t--l,-'-~";'~1 -..."'-, ¡ ,,". I ! L... -.-:; '..;';"'¡:-,..- J I' --=..:.....-~~~, J¿:-',:::-',~:~ --~~-----j Sin. UD Reouest Date Sent Attention: James Beams Sign # t\ d.1 Pelican Reef Minor Site Plan MNSP-05-002 Sign to be Installed by Sign Technicians before: 2/1108 Please retum signed and dated original to Deanna Givens (ext. 6426) at Growth Management Thank you. St. Lucie County Affidavit of Public Notice I, ~ tJB 1Í?ei.. ~ 1< Y . do hereby certify that as Agent for the St. Lucie County Board of mmissioners on the following described property: East side of South Ocean Drive. aDøroxlniateJv 2.500 feet south of the WaI8rsona Oeveloømenfs south entrance and 2.5 miles north of the Florida Power and LIGht facility I did on ,d., - f notice: , 2008 erect in a conspicuous place on this property the following PUBUC NOTICE Public Hearing for the Application of L D Real EsIat8 Partnership for the petition of the Minor S~ flan to be known as Pelican Reef to reauest a Waiver from the ComPf'8henslve Plan PoliCY 8.1.14.2 to allow the COMb.ø:lion of an access rvadwav which .. dlNdty Imøact . Cateaorv 1 Wetland and PolICY 8.1.14.5 that. lack a maxImUm of.. feet of the miilimum 50 foot buffer Naulreel between the weiland and the ,.1dentiaI deveIoarnent activity, Iocat8d on South Hutchinson Island to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on Tuesday, February 19, 2008, @ 6 PM before the Board of County Commjssioners. PEnTlONS ARE AVAILABLE AT THE FRONT DESK IN THE PLANNING DIVISION. ~ tl--J-d% Date Fonn No. 07-13 FEB 04 2008 Qt;."'.y..'..:;;. ! 11 " AGENDA REOUEST ITEM NO. C-2.H Date: July 24, 2007 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - Credit Reservation Agreement with L-D Real Estate Partnership BACKGROUND: See CA No. 07-1205 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDA nON: Staff recommends that the Board of County Commissioners approve the proposed Bear Point Mitigation Bank Credit Reservation Agreement with L- D Real Estate Partnership, and authorize the Chairman to sign the Agreement upon receipt of the signed originals from the developer. COMMISSION ACTION: ~] APPROVED [ ] DENIED [ j OTHER: ApProved 5-0 Dougl . Anderson County Administrator County Attorney: ~ ¥' om Coordination/Sienatures Mg!. & Budget: Purch8!ling: Originalin. Depl.: Other: Other : Finance (Check fur Copy only, if applicable): 4. CONSENT AGENDA It was moved by Com. Coward, seconded by Com. Grande, to approve the Consent Agenda with items C2J, .C3B and C7B pulled, items CA-I,CA-2,CA-3 added and; upon rolJ call, motion carried unanimously. 1. WARRANTS The Board approved Warrant List No. 40, 41 and 42. 2. COUNTY AITORNEY A. Port St. LucieYacht Club Lease - The Board approved the proposed resolution. B. Facilities Use Agreement- Salvation Anny- The Board approved the proposed Facilities Use Agreement with the Salvation Anny and authorized the chairman to sign the agreement. C. Deputy Sheriff's Blanket Bond- The Board authorized the Chainnan to execute the Bond. D. Ordinance No 07-041- Permission to Advertise- The Board granted pennission to advertise Ordinance No. 07-041. E. Boundary Changes for Tradition Community Development District No. 1 and Tradition Community Development District No. 2- The Board approved advertising Ordinance No. 07-042 and Ordinance Ni, 07-043. F. Treasure Coast Victory Children's Home Inc.,- The Board approved the settlement offer for March 24, 2006 incident during the W'mgs N Wheels Air Show at the St. Lucie County Airport and authorized signing the Property Damage Release. G. Treasure Coast Education, Research and Development Park- The Board approved the proposed agreement with Wallace, Roberts & Todd LLC for preparation of the Master Plan (RFQ# 07-028) and authorized the Chairman to sign. H. Bear Point Mitigation Bank- Credit Reservation Agreement with L-D Real Estate Partnerslûp- The Board approved the proposed Bear Point Mitigation Bank Credit Agreement upon receipt of the signed originals from the developer. 1. Bear Point Mitigation Bank- Credit Reservation Agreement with Schoolhouse Partners, LLC- The Board approved the Bear Point Mitigation Bank Credit Reservation Agreement with the Schoolhouse Partners LLC and authorized the Chainnan to sign the Agreement upon receipt of the signed originals from the developer. J. This item was pulled. K. Chuck's Seafood Restaurant Inc.- The Board approved the revised renovation plans for Chuck's Seafood Restaurant Inc., subject to approval by the City ofFt. Pierce. L. Facilities Use Agreement- Real Stone & Granite- The Board approved the proposed Facilities Use Agreement with Real Stone & Granite Inc., and authorized the Chairman to sign the agreement. 3. PARKS AND RECREATION -3- ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT James R. David, Director 3150 Will Fee Road, Fort Pierce, FL 34982 (772) 462-1692 September 7,2007 Arnaud Roux Environmental Specialist EW Consultants, Inc., 2081 S.E. Ocean Blvd., Suite 2B Stuart, FL 34996 CERTIFIED MAIL 7006 2150 0000 2908 0664 Dear Mr. Roux; Re: Mitigation Bank Credit Reservation Agreement - L-D Real Estate Partnership Enclosed please find your fully executed copy of the Mitigation Bank Credit Reservation Agreement. If you have any questions, please don't hesitate to contact me. Sincerely, 1\ _ () ÝLt~ James R. David, Director jdavid@co.st-Iucie.fl.us (772) 462-1692 JRD:sh H:\ WORDIFY 07\CorrespondcncelBear Point Mit BankIL-D Real Estate Reservation Agreement Exe.doc JOSEPH E. SMITH, District No. I - DOUGCOWAltD, District No. 2- PAUlA Ã LEWlS. Dituict No. 3 -CHARl.ESGRANDE, District No.4-CHRIS CRAFT, District No_ S County Administraror - Doualas Anderson 2300 Virginia Avenue. Fort Pierce. FL 34982 - (772) 462-1692 - Fa. (772) 462-1 S6S - TDD (772) 462-1428 web site: WV."W.CO st-Illc'ÍeJlus LfYl ~O 1 -j-/I MITIGATION BANK CREDIT RESERVATION AGREEMENT THIS AGREEMENT made and entered into this J4J.¡" day of (\ J P Il' , 2007: by and between ST. LUCIE COUNTY, a political subdivision of the Sta~unty"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982, and L-D REAL ESTATE PARTNERSIDP, a Florida registered partnership, ("Developer"), whose address is Mellon Bank Tower, 1645 Palm Beach Lakes Boulevard, Suite 1200, West Palm Beach, Florida 33401. WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, the Developer is the owner of certain property lying in the Bank's Mitigation Service Area ("Site")' and , " WHEREAS, the Developer intends to develop the Site in a manner consistent with all local, state, and federal regulations; and, WHEREAS, the Developer desires to reserve one Dual FederallState Credit in the Bank ("Credit") in order to seek the necessary permits for the proposed development of the Site ("Project"); and. WHEREAS, the County is willing to reserve the requested credits pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, . the parties agree as follows: 1. The County agrees to reserve one Dual Federal/State Credit for the Project as set forth in the Reserved Credit Allocation attached hereto and incorporated herein as Exhibit "A." The parties acknowledge and agree that release of the reserved credits is not guaranteed until the 2008 release cycle, and upon release of the credits by the Federal and State agencies responsible for the annual, cyclic release of credits. The is reservation shall begin on the date first written above and shall continue for a period f one year om the date ofthe 2008 Federal and State Credit release, and is subject to extension upóÌìThej>õór written agreement of the parties. 2. In consideration of such reservation, the parties acknowledge and agree that the Developer has paid the County a non-refundable reservation fee of twenty-four thousand five hundred and 00/1 00 dollars ($24,500.00) based upon twenty-five percent (25%) of the current price of the reserved Credit upon the date of this Agreement as set forth in the Reserved Credit Allocation. 3. It shall be the responsibility of the Developer to provide the regulatory agencies with a copy of the receipt or other acceptable proof indicating reservation of the Credit. -1- 4. In the event the permits for the Property are issued, the parties shall enter into a Mitigation Bank Credit Purchase Agreement for the required number of Credits. The amount of the Reservation Fee shall be credited against the Credit purchase price. In the event the permits for the Project are not issued, the County shall retain the Reservation Fee and the Developer sball have nó~ claim against the County for the Reservation Fee or the reserved Credit. 5. Any disputes relating to interpretation of the terms of this Agreement or a question offact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless detenlÙned by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties ägree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. -2- APPROVED AS TO FORM AND CORRECTNESS: ~.L .J:,. ?- ~~ COUNTY ATTORNEY '?flf Ai1ÝJ/J ~~ L-D REAL ESTATE PARTNERSHIP By: Lauda Corpor sSsôle managing flartn BY: NAME: TITLE: Preš1dent g:lattylagreemnt\conlraclllbearptl-d,.reserve. wpd -3- Federal/State Credits 1 EXHIBIT "A" RESERVED CREDIT ALLOCATION Reservation Price $24,500.00 Total Price $98,000.00 -4- KLEIN & DOBBINS, P. L. ATTORNEYS AND COUNSELORS AT LAW P.O. Box 2414 Fort Pierce, FL 34954-2414 805 Virginia Avenue Suite 25 Fort Pierce, FL 34982 (772) 409-1133 Ext. 202 (772) 409-1134 Fax Writer's E-Mail 1dobbins@kleindobbins.com November 8, 2007 VIA HAND DELIVERY Vanessa Bessey St. Lucie County Environmental Resources Dept 6120 Glades Cut Off Road Fort Pierce, FL 34981 Re: LID Real Estate PartnershipIPelican Reef Letter Application Requesting Waiver of Policy No. 8.1.14.2 of St. Lucie Comprehensive Plan Dear Ms. Bessey: We have been instructed by Ms. Mott that we must submit this request for a waiver to the provisions regarding wetlands and their buffers found in Policy 8.1.14.2 of the St. Lucie Comprehensive Plan, with respect to the above-referenced minor site plan application. In accordance with the instructions provided to us by Ms. Mott, we hereby provide the following information: 1. Name and address of the applicant; LID Real Estate Partnership 1645 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 2. Legal description, street address, and lot number and subdivision name, if any, of the property which is the subject of the application; There is no current street address, lot number or subdivision name for the property. The proposed subdivision name is Pelican Reef. The legal description is as follows: The South 500 feet of Government Lots 5 and 6 of Section 32, Township 35 South, Range 41 East, St. Lucie County, Florida, lying East of a 100 foot wide right of way for State Road AlA. {00007692.2} lID Letter to Vanessa Bessey November 8, 2007 Page 2 3. The size of the property; 6.824 acres 4. The extent of the waiver that is being sought; Pelican Reef Drive would create a 0.36 acre encroachment into the existing wetlands, as shown on the site plan. In addition, there are two encroachments into the upland buffer along the west boundary of the wetland preserve, (a) the turi block emergency vehicle turnaround area required by the Fire District located at the south end of Pelican Reef Drive (0.02 acres), and (b) the lift station and turnaround located at the north end of Pelican Reef Drive (0.02 acres). 5. The purpose for the requested waiver and a statement of the intended development of property if the wavier is granted, including proposed site plan which shows the delineation of wetlands found on site; The purpose for the requested waiver is to <a) allow for an entry drive providing access to the property, and (b) allow the homes to be set back further from the dunes, as requested by the Environmental Resources Division. Eliminating the encroachments into the upland buffer would require moving the homes east, thereby reducing the setback from the dunes. The intended development of the property is a seven unit residential community (the existing zoning allows 34 units). A proposed site plan depicting the wetland is included with this submittal. 6. A statement of the hardship imposed on the applicant by the policy; a statement of why the proposed waiver is the minimum necessary that will make a reasonable use of the land, building 'and structures; and a statement explaining how the proposed waiver is consistent with the general spirit of the 81. Lucie County Comprehensive Plan, specifically but not limited to Policies 8.1.14.2,8.1.14.3, and 8.1.14.5. It is impossible to access the property without providing an entry drive across the wetland preserve. To minimize the impact upon the wetlands, the entry drive has been re-aligned on top of an old berm created during early efforts at mosquito control, and the ingress-egress easement has been narrowed from SO feet to 40 feet. Furthermore, the project has been designed to provide access to the property to the north, so that they may share the entry drive, further minimizing impact to the wetlands. The applicant will provide culverts in the berm which will reconnect the wetlands to the Indian River Lagoon, restoring the historical water flow and allowing for mosquito control management, and will provide native planting along the berm. Through the Army Corps of Engineers avoidance and minimization process, the Applicant has agreed to (a) {OOOO7692,2} Letter to Vanessa Bessey November 8, 2007 Page 3 provide wetland preservation land which will be dedicated to the County and the Corps by a Conservation Easement, (b) remove exotics and provide native plantings, and (c) purchase wetland mitigation credits. For mitigation, the Applicant has reserved one mitigation credit from St. Lucie County's Bear Point Mitigation Bank. This credit represents 3 times more mitigation than impact. The proposed waiver is the minimum necessary that will allow for vehicular access to the homes. The emergency vehicle turnaround area is required by the Fire District. Both the emergency vehicle turnaround area and the lift station encroach into the upland buffer, because there is nowhere else to put them, unless the homes are moved further east, thereby reducing the setback of the homes from the dunes. The homes have been set back from the dunes as far as possible, at the request of the Environmental Resources Division. The lift station is primarily buried in the ground, thereby minimizing its impact. Furthermore, the Applicant proposes to minimize the impact of these encroachments by providing native plantings around the encroachments and by paving the emerg~ncy vehicle turnaround with turf block. The proposed waiver is the minimum necessary that will allow for the required emergency vehicle turnaround and lift station, while still allowing the homes to be set back from the dunes as currently shown. We believe that the proposed waiver is consistent with the general spirit of the St. Lucie County Comprehensive plan because the site plan has been designed to balance and maximize the preservation of the wetlands, upland buffer and dunes on the site. In particular, the waiver is consistent with the Policies set forth above, because no other reasonable alternative is available, avoidance and minimization cannot otherwise be achieved and it complies with the requirements of the agencies claiming jurisdiction over the wetlands (the County, Florida Department of Environmental Protection and the Army Corps). assistance. If you require any further information please let me know. Thank you for your :ieg~ð>¿ W. 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Gl ::l :!::~ CCl ~ ~ Gl 0_ _.c - al I: 0 Gl .- Ec. .cc. o al 1Il.c e:t:: o s: I: I: ~o J'ñ ° § E·- Gl C rc8 o '" <Xl I: '" ~ii: c:~ SU; 01: ~~ ::JCl. ...JE ii$8 IX) :>.-i .2""": õ~ a..aj OFFICE USEO~Y: 5' DATE FILED: 1-j' - 0 REVIEW FEE: '10 0 CONCURRENCY FEE: J. 00 RECEIPT NO: RECEIPT NO: SPNUMBER: (VIWS P 0 ~ - 00 J... RESOLUTION NO: CERT. CAPACITY NO: - ST. LUCIE COUNTY COMMUNITY DEVELOPMENT 2300 Virginia Ave Fort Pierce, FL 34982 561-462-2822 -Peflæn J2ee:t. APPLICATION FOR MINOR/MAJOR SITE PLAN AND CERTIFICATE OF CAPACITY DIRECTIONS FOR SUBMITIAL Please complete the requested infonnalion and submit all items to the St. Lucie County Community Development, 2300 Virginia Avenue, Fl. Pierce, FL 34982, Tbe proper non-refundable application fee must accompany all applications, For additional details on the information necessary for a submission of a site plan, pi.... refer to Section 11.02,00, St. Lucie County Land Development Code. For assistance in submitting the application, please contact tbe St. Lucie County Department of Community Development, Planning Division. REVIEW FEES AND THRESHOLD FOR REVIEW Minor Site Plan Major Site Plan Required Review $400.00 Less than 10 Acres $700.00 Fee 10-50 Acres $850.00 More than 50 Acres $1000.00 + $5/acre over 50 Acres Concurrency Fee $200.00 $400.00 Review Thresholds Residential Development Residential Development Single Family 3 to 10 Lots Single Family >10 Lots Multi Family > 50 Units Multi Family =>50 Dwelling Units Non-Residential Non-Residential General Non-Residential 6,000-24,999 sf General Non-Residential =>25,000 sf Drive-thru Facility <24,999 sf Commercial Lodging < 6 units . Fuel Dispensing Uses <24,999 SF Commercial Lodging < 6 units Type of Site Plan (please check one) Minor Site Plan [ tI I Major Site Plan I Submission of Application Initial submission shall include the following: \ I) One (1) original of the completed site plan application. \ 2) Fifteen (15) copies of the site plan graphics. '3) Fifteen (15) copies of the landscape plan. \:a) Fifteen (15) copies ofthe required boundary and topographic survey. \5) Five (5) copies of the traffic impact report (ifapplicable). \ 6) Five (5) coples of the environmental impact report (if applicable). ,,'-7) Five (5) copies ofthe Preliminary Dralnage Data (if available). ~) One (1) copy ofthe St. Lucie County Property Tn Map (Scale 1:200) with property under petition highlighted. ~ Œcg:[§D~Œ ? }¡ \ II' ;L I tl 1\1 ., \) ?nn~ D aROWT'H MANAGEMENT ST. LUCIE COUNTY, FL All applications for Site Plan approval must be completed and f'1led with the department before 4:30 PM each business day to meet applicable filing deadlines. For an application submission to be determined complete, all required materials must be present at the time of submission. Project Information Location/Site Address S. Hutchinson Island, south of Turtle Nest subdivision Site Plan Name Pelican Reef ~S~ :) J '1. í I,..., _ 1'1'()('Î 1- rl'0n /<.t - ~I . Property Tax ID # Legal Description please see attached (attach extra sheets If necessary) Section 32 Township 35 Range 41 Parcel Size Acres 7.22 Square Foot 314,503 Zoning District HIRD Land Use RU Classification Description of Project 7 single family lots east of A-I-A on South Hutchinson Island [ II ] Residential Number of Residential 7 Units/Subdivided Lots I I Commercial Total Square Footage Type of Construction (Check all appropriate boxes) [ ] Industrial Total Square Footage [ ] Please specify Number and size of N/A outparcels (If applicable) . siD ¿.1t/eG St. Lucie County Application for MinorlMajor Site Plan Checklist Have you shown or provided the following required information: Boundary & Topographic Information: (Refer to Section II.02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted?) tI Location Sketch '" Boundaryrropographic Survey tI Positive Outfall tI Floodplain '" Drainage Basin Boundaries '" Preliminary, SFWMD Permit Data '" Site Plan Information: (Refer to Section 11.02.09(A)(3), St Lucie County Land Development Code) Yes No Yes No Location, Dimension & Setbacks '" Parking and loading areas '" for all buildings Identification ofmaximwn tI Water/Wastewater Facilities tI buildable area under review Identification of all easements tI Identification of all drainalle facilities tI Identification of adjacent tI Location of all streets tI driveways Location of all open spaces '" Landscallinll Plan tI Lighting Plan tI Phasinll Plan tI Transportation Imllact Rellort tI Environmental Imllact Rellort tI Vegetation Removal Plan '" Seaturtle Protection Plan '" If you have answered NO to any item above, please explain why in the space below: Vegetation Removal Permit - Not prepared at this time Phasing Plan - Project will not have phases Seaturtle Protection Plan - A seaturtle protection plan will be provided SPECIAL NOTICE (pLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of site plan approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this property/project. ACKNO\\-LEDGMENTS Applicant Information (property Developer~ Name: L/O (¿<1A-t 'í'1'~ 'J<--Ì}J<..¡l~If,jJ Address: ¿/ 'ö ~ðÌÌ')'tNlGIL- R. L,o~ t (. 'I S- V I1ll111 ');trtlf Lt"rlU..ç ß ¿vI) i. bI J f"\ / JOO (Ah"iì p./h.WI '::L. 33161 /' Phone: s('l- 6r6-5'5'1 Fax:!!; t.1-'~t. ~ ~L/l.f ~ Property Owner Information Agent Information Name: Thomas Lucido & Associates Address: 100 A venue A, Suite 2A Fort Pierce, FL 34950 Phone: 467-1301 Fax: 467-1303 This application will not be considered complete without the notarized signature of aU orooertv owners of record. which shall serve as an acknowledgment of the submission of this application for site plan approval. The property owner's signature below shall also serve as authorization f< r )ll~iC~¡~ent ~)f fnllf:ifltpid property owner. " ¿/I'l1tA~ c.J fÚJðL;fnm) ¡'T, C~lMt P.,µ.~ PropertyOwnerSignature!~ _ __ d1S/M Property Owner Name (Please Print) Mailing Address: ~ ----r Phone: -:;;/Yflt.--- STATE OF FLO~«A ~ COUNTY OF . Í\ M'\(h \. lVl The foregoing instrument was acknowledged before me this Æ day of ,20D5.by ODA\t{1~k ll~ x.. who is personallv known to me or who has produced as identification. d1Jl H~ ~ Signature of Notary Nolarv Public Title Type or Print Name of Notary BRIDGET M. POWERS OMMISSION # DO 048588 EXPIRES December 9, 2005 Bonde<IThr!'N"",ryPubllcUndotwriIors Commission Number (Seal) OFFICE USE ONLY Project Reviewer: DRC Review: Approval Date: Comments: 'Ii{i -g 'Ii 1: .<:: 'Ii 'Ii OJ <> OJ OJ OJ OJ Gl 'õ OJ Gl Gl Gl Gl Æ lD ~ Gl lD lD lD lD c: E Gl ! lD E ~ .§ ~ 0 0 I¡ ~ iü <> 0 iü c: c: G¡ c: Gl ~.!!l I~ ~~ It: ~ ä: ! ~ ä: ~ E E g § I t: E I 5 1l~ 0 0 0 :S! 0 s:&f 0 ~ ~ ~ lD 11. ....I ~ 11. 0 0 ~ 0 I N ßS 1....,0 .Sl .... 11. ~! 0 ~ ~ ....~ i lD 0 '0 0 ID :§ ¡¡¡ Gl ~ ~ .... ::!!! 0 ~ 0 ~ ~ .. 1Il ~ {i s: Gl ßS ~ ~ ID Õ Gl ~ :a: E .. c: ~ o~ iü Æ I i c: c( 0 .§ 0 '0 Jll 18 ~ ~ ~ .= OJ ID iü E .. .... j .... :f ~ ... 0 c: N. i .. '" ~ ¡¡; W Gl )( ~ 0 z 0 ~ c( z w ~ &l5 i 0 i ... '" ~ 1Il '0 0 .... ! ... ¡ij 0 0 0 0"" ~ .... tlO :!: ..., 0 0 ~g .... N .... .... ~ ~ I '" I c: , 11. ... I ~ ~ <> Cl .¡: l,g OJ Gl E E 0 oÆ ë( 01 I , i 0 Ë ~ ~ ~ .5 s: ~ c: ~ ~ as ! .fl 11. i Q. Gl :§ :s '" .<:: .c ~ <> .g '" 0 S lD :.:i Cl ~ .f :..: t: E E ~ 1Il .. 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'" ~o ~ ..., ..., ..., :Q -î :Q ..., ..., c(~ N N N N N MNSP 05-002 Petitioner: L 0 Real Estate Partnership ~ q:,. ~ ~. z. ~ Cl Subject property " c.: t.;:, ~:: 1 000' notification area V i I Parcels within 1000 ft. ~.i ~> ~ ~ ~. ('l o ~ ~ 5&;-..L.-e. ~~ Ç.,.".,tli ~GIVM tJprIrllfl67ll N A Map prepared January 8, 2008 .". § <3 ~ if ~ .$ a. :ë en ... Q) c t: ('. m 0 '" iI- ..... 0 0 a. Z.~ r;!l 0 I N .æ LO ..i 0 >. J!! a. J~ ~ en ~ c: (J) '~ j III W ...., Z ." lD m :æ: ~ ll; i;; Q) 1! c. ~ e c:: 1 c. 0 c. III Co) ::¡¡ ...J 1 " · ! · ~ "' l · c Z ~ 2 P):¡ BUØ::) JfþIiØH ~ " ~ ;¡ t <3 '@ ~ 1 " " ;¡ þ~ ,DHUS P~UtlIJr.) lllUlJO tZ'-o £ & ~ o IJUB:l& III I I I I I I I I I I I I I I I I I I I I _____________J ,{¡unoo eeq"":>e.,,O MNSP 05-002 L D Real Estate Partnership for the petition of the Minor Site Plan to be known as Pelican Reef to request a Waiver from the Comprehensive Plan Policy 8.1.14.2 to allow the construction of an access roadway which will directly impact a Category 1 Wetland and Policy 8.1.14.5 that will lack a maximum of 46 feet of the minimum 50 foot buffer required between the wetland and the residential develo ment activi , located on South Hutchinson Island ~ Ç:.. ~ ~ ~ D Subject property .- . .-. . . 1000' notification area ...... ~ ~ ~. ('l ~ ~ ............. .. .. . . . . . . . . . . . . . . , , , , · · · · · · · . . . . . . . . , .. , " 5r..,L.,.,,;,. a,~~ ~t1Wtlf ~ 2h..-.-~ N A Map prepared January 8, 2008 MNSP 05-002 Zoning Petitioner: L D Real Estate Partnership CPUB PUD . . . It It It It :HIRD · · · ~ ~ (;:f' Cl o ~ ~ ............- -- -. ... . . . - . . . . . . . . . . . - . . . . -.CPUB . . . .. -. -- --. ~ ,*-. ~ ~. "¿.. ~ D Subject property .- . . -. . . 1000' notification area ...... CPUB CPUB - Conservation Public HIRD - Hutchinson Island Residential District PUD - Planned Unit Development . . . . . . . · · · · · · · . . . . It It It . It . . . . .. 9:-.Á~ ~-7~ (jrØ'W~JÍ M~ :tkJUlThrund' Map prepared January 8. 2008 MNSP 05-002 Petitioner: L D Real Estate Partnership Subject property 1000' notification area Aerial flown Dec. 2005 N M,p prnp'rnd J,"",~ 8, 2008 A " AGENDA REQUEST ITEM NO. ¡;: ¡,¿ DA TE: February 19, 2008 REíl~/;SED REGULAR [] PUBLIC HEARING [XX] CONSENT [] TO: BOARD OF COUNlY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Ordinance No. 08-010 - TVC Comprehensive Plan Amendments; Stipulated Settlement Agreement (Brown Ranch) BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMEND A TION: Staff recommends that the Board approve the Stipulated Settlement Agreement, adopt Ordinance No.08-010 and authorize the Chairman to sign the Stipulated Settlement Agreement and Ordinance No. 08-010. COMMISSION ACTION: Do as Anderson County Administrator ~] APPROVED [ ] DENIED [ ] OTHER: Settlement Agreement Approved 5-0 Ordinance No. 08-010 h Approved 5-0 ~ County Attorney: 1./ Review and Approvals Management & Budget Purchasing: Originating Dept, Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff, 5/96 , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 08-0191 DATE: February 1, 2008 SUBJECT: Ordinance No. 08-010 - TVC Comprehensive Plan Amendments; Stipulated Settlement Agreement ************************************************************************************* BACKGROUND: Attached to this memorandum is a copy of a Stipulated Settlement Agreement with the "Brown petitioners" and DCA pertaining to the TVC Comprehensive Plan Amendments that were adopted by County Ordinances No. 06-019 and 07-037 on May 16, 2006 and June 5, 2007, respectively. The Stipulated Settlement Agreement contains proposed RemedieIl Amendments which are attached as Exhibit "B". Under the terms of the Settlement Agreement, if the County completes the remedial actions and adopts the remedial plan amendments, the Brown petitioners will dismiss their petition challenging the TVC plan amendments, DCA has also signed the Settlement Agreement. The Executive Director of the Treasure Coast Regional Planning Council has recommended that the Board approve the Stipulated Settlement Agreement. Also attached to this memorandum is a copy of draft Ordinance No. 08-010 which contains the remedial plan amendments identified in the Settlement Agreement. Permission to advertise waS granted on January 15, 2008 and notice of the public hearing was published on February 1, 2008. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the Stipulated Settlement Agreement, adopt Ordinance No. 08-0lD and authorize the Chairman to sign the Stipulated Settlement Agreement and Ordinance No. 08-0lD. DSM/caf Attachments ST ATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS EDGAR A. BROWN, et aI., DOAH Case Nos.: 06-2834 GM 06-2845GM Petitioners, v. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, and ST. LUCIE COUNTY, Respondents, and QUAIL MEADOWS, LLC, and INDRIO ROAD DEVELOPMENT, LLC, Intervenors. / STIPULATED SETTLEMENT AGREEMENT THIS STIPULATED SETTLEMENT AGREEMENT is entered into by and between Petitioners, EDGAR A. BROWN; BARBARA LEIN BROWN; JOSEPHINE BROWN, AS TRUSTEE; BROWN RANCH, INC.; FLORIDA RESOURCES, LLC; HORIZON TREE FARM, L.C., VERNON SMITH; AND CHRIS SMITH (collectively, "Petitioners"), and RESPONDENTS, STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ("DCA") and ST. LUCIE COUNTY ("County"), as a complete and final settlement of all claims relating to the Comprehensive Plan Amendments adopted by S1. Lucie County Ordinances 06- 019, May 16, 2006, and 07-0637, June 5,2007 ("TVC Amendments"), as raised in the above- styled administrative proceedings. Page 1 ofl 0 REClT ALS WHEREAS, DCA, is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, the County is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, Petitioners own properties within the area that is the subject of the TVC Amendments, and are the Petitioners in the above-styled cases; and WHEREAS, the County adopted the TVC Amendments by Ordinance Nos. 06-019 and 07-037 on May 16, 2006, and June 5, 2007, respectively; and WHEREAS, DCA issued its Cumulative Notice ofIntent dated July 19, 2007 finding the TVC Amendments "in compliance"; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, Petitioners filed an amended petition challenging the TVC Amendments ("Petition"); and WHEREAS, the County and DCA dispute the allegations in the Petition regarding the TVC Amendments; and WHEREAS, all parties wish to compromise and settle the above-styled administrative proceedings to avoid the time and expense involved in a final hearing on the disputed allegations; NOW, THEREFORE, in consideration of the mutual covenants and promises herein below set forth, and in consideration of the benefits to accrue to each of the parties, the receipt Page 2 ofl 0 and sufficiency of which are hereby acknowledged, the parties hereby represent and agree as follows: GENERAL PROVISIONS 1. Definitions. As used in this Agreement, the capitalized terms defined in the Recitals above shall have the meanings as stated there in and the following words and phrases shall have the following meanings: a. Act: The Local Government Comprehensive Planning and Land Development Regulation Act, as codified in Part II Chapter 163, Florida Statutes. b. Agreement: This stipulated settlement agreement. c. DOAH: The Florida Division of Administrative Hearings. d. In compliance or into compliance: The meaning set forth III Section 163.3184(1)(b), Florida Statutes, e. Cumulative Notice of Intent: The cumulative notice of intent to find the TVC Amendments "in compliance," issued by DCA July 19, 2007, in this case. f. Petition: The amended petition for administrative hearing filed by Petitioners in this case and attached as Exhibit A. g. Remedial Plan Amendment: An amendment to the plan that the County must adopt to comply with this Agreement, as attached to this Agreement as Exhibit B. The remedial plan amendment adopted pursuant to this Agreement must be consistent with and substantially similar in concept and content to the one identified in this Agreement or be otherwise acceptable to DCA. Page 3 of! 0 2. Nel.wtiation of A2reement. DCA issued its Cumulative Notice of Intent to find the TVC Amendments in compliance, and Petitioners filed the Petition in this case to contest DCA=s finding. Subsequent to the filing of the Petition, the parties to this Agreement conferred and agreed to resolve the issues in the Petition through this Agreement. It is the intent of this Agreement to resolve fully all issues between the parties that were or could have been raised in this proceeding. 3. Dismissal. If the County adopts the Remedial Plan Amendment required by this Agreement, Petitioners shall dismiss, with prejudice, their Petition in the above-styled administrative proceedings within five working days of receipt of the Remedial Plan Amendment as adopted. Petitioners and their designated expert witnesses will not directly or indirectly support any administrative or judicial proceeding brought to challenge the "in compliance" status of the TVC Amendments as they exist upon adoption of the Remedial Amendments pursuant to this Agreement. 4. Description of Provisions Alle2ed to be Not in Compliance and Remedial Actions: Le2al Effect of A2reement. Petitioners have made certain allegations as set forth in their Petition that the TVC Amendments are not "in compliance," as set forth in the Petition. This Agreement constitutes a stipulation that if the Remedial Plan Amendment is adopted, the Remedial Plan Amendment will be in compliance. 5. Adoption or Approval of Remedial Plan Amendment. With all reasonable promptness after the execution of this Agreement, given the County's responsibility to advertise and hold a public hearing, the County shall consider for adoption the Remedial Plan Amendment. This may be done at a single adoption hearing. Within 10 working days after Page 4 of 10 adoption of the Remedial Plan Amendment, the County shall transmit 5 copies of the adopted amendment to DCA as provided in Rule 9J-11.011(5), Florida Administrative Code. The County also shall submit one copy to the regional planning agency and to any other unit of local or state government that has filed a written request with the governing body for a copy of the Remedial Plan Amendment and a copy to Petitioners, as the Petitioner. The Remedial Plan Amendment shall be transmitted to DCA along with a letter which describes the remedial action adopted for each part of the plan amended, including references to specific portions and pages. 6. Acknowledl!:ment. All parties to this Agreement acknowledge that the "based upon" provisions in Section 163.3184(8), Florida Statutes, do not apply to the Remedial Plan Amendment. 7. Review of Remedial Plan Amendment and Notice of Intent. Within 30 days after receipt of the adopted Remedial Plan Amendment, DCA shall issue a cumulative Notice of Intent pursuant to Section 163.3184(16), Florida Statutes, for the adopted remedial amendment in accordance with this Agreement. 8. Compliance Determination. a. If the adopted Remedial Plan Amendment satisfies this Agreement, DCA shall Issue a cumulative Notice of Intent finding the Remedial Plan Amendment as being in compliance. b. If DCA determines that the Remedial Plan Amendment does not satisfy this Agreement, DCA may issue a Notice of Intent finding the Remedial Plan Amendment not in compliance. In that event, Petitioners and the County reserve the right to proceed to hearing in this matter. Page 5 of 10 c. If the Remedial Plan Amendment adopted by the County is accepted by the DCA, although not in the same form as the remedial amendment attached to this Agreement as Exhibit B, Petitioners reserve the right to file a petition or otherwise proceed with respect to issues arising out of any change made to the Remedial Plan Amendment after the execution of this Agreement, pursuant to Section 163.3184(9) and (16), Florida Statutes. 9. Effect of Amendment. Adoption of any Remedial Plan Amendment shall not be counted toward the frequency restrictions imposed upon plan amendments pursuant to Section 163.3187(1), Florida Statutes. 10. Purpose of this Aereement: Not Establishine: Precedent. The parties enter into this Agreement in a spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation and in recognition of the desire for the speedy and reasonable resolution of disputes of government related land use arising out of or related to the TVC Amendments. The acceptance of proposals for purposes of this Agreement is part of a negotiated agreement affecting many factual and legal issues and is not an endorsement of, and does not establish precedent for, the use of these proposals in any other government related circumstances or by any other local government. 11. Approval bv Governine: Bodv. This Agreement has been approved by the County's governing body at a public hearing advertised at least 10 days prior to the hearing in a newspaper of general circulation in the manner prescribed for advertisements in Section 163.3184(I5)(c), Florida Statutes. This Agreement has been executed by the appropriate officer as provided in the County's charter or other regulations. Page 6 arIO 12. Chang:es in Law. Nothing in this Agreement shall be construed to relieve the parties from adhering to the law, and in the event of a change in any statute or administrative regulation inconsistent with this Agreement, the statute or regulation shall take precedence and shall be deemed incorporated in this Agreement by reference. 13. Other Persons/Propertv Unaffected. Nothing III this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party or property. 14. Attornev Fees and Costs. Each party shall bear its own costs, including attorney fees, incurred in connection with the above-captioned cases and this Agreement. 15. Order of Execution and Effective Date. The parties agree that this Agreement shall be sent first to Petitioners, and then to DCA for execution. Once Petitioners and DCA have executed the Agreement, the Agreement shall be submitted to the County=s Board of County Commissioners for approval and execution. This Agreement shall become effective immediately upon execution by the Board of County Commissioners. Intervenors also may execute and join in this Agreement. 16. Filing: and Continuance. This Agreement shall be filed with DOAH by DCA after execution by the parties. Upon the filing of this Agreement, the above-styled administrative proceedings as to the TVC Amendments shall be stayed by the Administrative Law Judge in accordance with Section 163 .3l84( l6)(b), Florida Statutes. The parties to this Agreement agree that such stay shall not apply to DOAH Case No. 07-5061 in which APA Emerson @ Indrio, LLC, is challenging the TVC Amendments. Page 7 ofl 0 17. Construction of Al!reement. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 18. Entire Al!reement. This is the entire agreement between the parties and no verbal or written assurance or promise is effective or binding unless included in this document. 19. Governmental Discretion Unaffected. This Agreement is not intended to bind the County in the exercise of governmental discretion which is exercisable in accordance with law only upon the giving of appropriate public notice and required public hearings. 20. Multiple Oril!inals. This Agreement may be executed in any number of originals, all of which evidence one agreement, and only one of which need be produced for any purpose. 21. Captions. The captions inserted in this Agreement are for the purpose of convenience only and shall not be utilized to construe or interpret any provision of this Agreement. In witness whereof, the parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. Page 8 of! 0 DEPARTMENT OF COMMUNITY AFFAIRS By: Date: ST LUCIE COUNTY By: Date: EDGAR A. BROWN BARBARA LEIN BROWN JOSEPHINE BROWN, as Trustee BROWN RANCH, INC. BY: [Name] [Title] Date: Date: Date: Date: Page 9 of 10 Approved as to form and legality: Date: Approved as to form and legality: Date: FLORIDA RESOURCES, LLC BY: Date: [N ame] [Title] HORIZON TREE FARM, L.C. BY: Date: [Name] [Title] Date: VERNON SMITH Date: CHRIS SMITH Page 10 oflD STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS EDGAR A. BROWN; BARBARA LEIN BROWN; JOSEPHINE BROWN, AS TRUSTEE; BROWN RANCH, INC.; FLORIDA RESOURCES, LLC; HORIZON TREE FARM, L.C.; VERNON SMITH; and CHRIS SMITH, Petitioners, and DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. DOAH Case Nos.: 06-2834 GM and 06-2835 GM ST. LUCIE COUNTY, Respondent. I AMENDED PETITION FOR FORMAL ADMINISTRATIVE HEARING Edgar A. Brown and Barbara Lein Brown; Josephine Brown, as Trustee; Brown Ranch, Inc.; Florida Resources, LLC; Horizon Tree Fann, L.C.; Vernon Smith; Chris Smith (collectively referred to herein as "the Petitioners"), by and through their undersigned counsel, and pursuant to Rule 28-106.205, Florida Administrative Code, and Sections 163.3184(10) and (16), Florida Statutes, hereby file this amended petition for a fonnal administrative hearing to be conducted under Sections 120.569, and 120.57, Florida Statutes. EXHIBIT Ìl :¡¡ ß . "I} /( FOREWORD The Department of Community Affairs and the Petitioners filed separate petitions alleging ccrtain comprehensive plan amendments adopted by St. Lucie County to be not "in compliance." The two cases initiated by the petitions were consolidated into the above-styled proceeding. The Petitioners herein amend their Petition to add new issues created by the remedial amendments adopted by St. Lucie County pursuant to its settlement agreement with the Department of Community Affairs. That settlement agreement was approved by St. Lucie County on May 1, 2007, to address issues raised by the Department of Community Affair's Petition. After St. Lucie County signed thc settlement agreement, the Department of Community Affairs executed the agreement. The settlement agreement required St. Lucie County to adopt certain remedial amendments. On June 5, 2007, St. Lucie County adopted the remedial amendments. The Department of Community Affairs reviewed the remedial amendments and, on July 19,2007, caused to be published a Cumulative Notice ofIntent finding the amendments adopted by Ordinance No. 06-019 and the remedial plan amendments adopted by Ordinance No. 07-037 to be "in compliance." Counsel for the Department of Community Affairs has filcd with DOAH a copy of the settlement agreement and the Cumulative Notice of Intent. The parties have not yet been realigned in accordance with Section 163.3 I 84(16)9t)1., Florida Statutes. The Petitioners amènd their Petition in accordance with their right under Section 163.3 I 84(l 6)(f), Florida Statutes, to file an amended petition following publication of a Cumulative Notice of Intent. 2 PARTIES 1. Edgar A. Brown and Barbara Lein Brown, a married couple, own real property that is located within the area that is the subject of this proceeding and reside in unincorporated St. Lucie County. Their mailing address is 13939 1ndrio Rd., Ft. Pierce, FL 34945. 2. Josephine Brown, as Trustee, owns real property that is located within the area that is the subject of this proceeding. Ms. Brown resides in unincorporated S1. Lucie County, Her mailing address is 13939 Indrio Rd., Ft. Pierce, FL 34945. 3. Brown Ranch, Inc. ("Brown Ranch") is a Florida corporation. Its mailing address is 13939 Indrio Rd., Ft. Pierce, FL 34945. Brown Ranch owns real property that is located within the area that is the subject of this proceeding. 4. Florida Resources, LLC ("Florida Resources) is a Florida limited liability company. Its mailing address is 113939 lndrio Rd., F1. Pierce, FL 34945. Florida Resources owns property that is located within the area that is the subject of this proceeding. 5. Horizon Tree Farm, L.C. ("Horizon Tree Farm") is a Florida limited liability company. Its mailing address is 795 12lh Ave. S.W., Vero Beach, FL 32962. Horizon Tree Farm owns property that is located within the area that is the subject of this proceeding. 6. Vernon Smith owns real property that is located within the area that is the subject of this proceeding and resides in unincorporated S1. Lucie County. His mailing address IS Vernon Smith, c/o Riverside National Bank, 1600 South Fcderal Hgwy., Ft. Pierce, FL 32954. 7. Chris Smith owns real property that is located within the area that is the subject of this proceeding. His mailing address is Chris Smith, c/o Horizon Horicultural Group, 795 12th Ave. SW, Vero Beach, FL 32962. 8. The Florida Department of Community Affairs ("DCA") is a petitioner in the original case and later wíl1 be realigned by the administrative law judge as a respondent, per 3 Section 163.3 I 84(16)(f)1., Florida Statutes. DCA is the state land planning agency which has authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part n, Florida Statutes. On July 17, 2006, DCA published notice that it determined the S1. Lucie County amendments adopted by Ordinance No. 06-019 to bc not "in compliance." DCA published a Cumulative Notice of Intent on July 19, 2007, finding the amendments adopted by Ordinance No. 06-019 and the remedial plan amendments adopted by Ordinance No. 07-037 to be "in compliance." 9. Respondent St. Lucie County ("County") is a political subdivision of the State of Florida, and is the local government that adopted all of the comprehensive plan amendments at issue in the abovc-styled proceeding by Ordinance Nos. 06-019 and 07-037. NOTICE OF AGE~CY ACTION 10. DCA's file numbers for the subject plan amendments are 06-1-NOI-5601-(A)-(N) and 07-RI-NOI-5601 (A)-(I). 11. The Petitioners received notice of DCA's compliance determination regarding thc original plan amendments from their undersigned legal counsel on or around July 17, 2006. A copy of the DCA notice is attached as Exhibit "A." They received notice of the DCA compliance decision regarding both the remedial plan amendments and the original amendments on or around July 19, 2007. A copy of Cumulative Noticc of Intent published by DCA on July 19, 2007, is attached as Exhibit "8." STANDING 12. Each of the Petitioners has standing to participate in this proceeding as a party pursuant to Section 163.3184(10)(a), Florida Statutes, because each is an "affected person" as that term is defined in Section 163.31 84(l)(a), Florida Statutes. Each owns real property in ~mincorporated S1. Lucie County, Each submitted oral and written comments to the St. Lucie 4 County Board of County Commissioners ("BCC") during public hearings at which the County approved the transmittal and adoption of the St. Lucie County amendments referred to as the Towns, Villages, and Countryside ("TVC") Amendments, and at which the County adopted the remedial amendments. 13. Each of the Petitioners is a "person" whose substantial interests is being determined in this matter. Each owns real property that is within the boundaries of the original and remedial TVC Amendments (collectively referred to herein as "the TYC Amendments"), and would be subject to the provisions of the TVC Amendments if they are determined to be "in compliance" and take legal effect. DISPUTED ISSUES OF MATERIAL FACT AND LAW AND LEGAL AUTHORITY Water and Sewer Issues 14. The TYC Amendments would increase total demand for potable water and sewer in the County and within the TVC area. 15. Policy 3.1.4.11 is vague and is not supported by data and analysis. Policy 3.1.4.11 is inconsistent with Sections 163.3177(6)(a), (6)(c), and (4)(a), Florida Statutes; and Rules 91-5.003(9), 9J-5.016(1)(c)g., and 91-5.005(2)(a), FAC. 16. The data and analysis for thc TYC Amendments fail to analyze maximum development under the TVC Amendments and fail to demonstrate there will be adequate sewer and potable water facilities to serve the total increases in demand. Such data and analysis is required by Section 163.3177(6)(a) and (6)(c), and 163.3177(8), Florida Statutes; and Rules 91- 5.005(2)(a) and 91-5.016(1)(c), FAC. 17. Policies 3.1.4.11 and 3.1.4.12 defer planning for water and sewer facilities until the future. That approach is inconsistent with the following requirements: Section 163.3177(6) 5 (c), Florida Statutes; and Rules 91-5.006(3)(b)1., 9J-5.011(2)(b)2., 9J-5.016(3)(b)1. and 3., 91- 5.016(3)(c)1.e. and f., and 9J-5.016(3)(c)2.6. F.A.C. Transportation 18. The traffic study fails to analyze maximum development under the TVC Amendments. The TVC Amendments and their support data and analysis are inconsistent with Sections 163.3177(6)(a) and (8), Florida Statutes; and Rules 9J-5.005(2)(a) and 9J-5.019(3)(f), F.A. C. 19. The TVe Amendments do not adequately coordinate land uses with the transportation system. Such coordination is required by Rules 9J-5.006(3)(b)1. and 9J- 5.019( 4)(b)2., F.A.C. 20. The Future Traffic Circulation Map for the Tve Amendments does not depict all roadways, including collector and arterial roads, that will be needed to accommodate Tve development. The map is inconsistent with Rule 91-5.019(5)(a), F.A.C. Additional roads must be planned for TVC development and be shown on this map. One effect of this planning shortfall is that new development will be required to pay more than its proportionate share for necessary public facilities. 21. The TVC Amendments allow the County to require that new developments, including developments of regional impact, pay more than their proportionate share or proportionate fair share. The Tve Amendments are inconsistent with Sections 163.3177(2) and (3), 163.3180(12) and (16), Florida Statutes; and Rule 9J-5.016(3)(c).8., F.A.C. (see also the definition of "financial feasibility" in 163.1364(32». 22. The Tye Amendments do not adequately plan for a roadway network to support TVC development and arc inconsistent with Sections 163.3177(6)(a) and (6)(b), Florida Statutes; and Rules 9J-5.006(3)(b)1. and 9J-5,OI6(1)(a), F.A.C. 6 Capital Improvements Schedule (CIS) and Financial Feasibility 23. The TVC Amendments are not supported by a financially feasible capital improvements element, as is required by Sections 163.3177(2) and (3)(a), Florida Statutes; and Rules 9J-5,016(l)(a) and (b), 9J-5.016(2), 9J-5.016(3)(a)-(c), and 9J-5,OI6(4)(a)-(b), FAC. 24. The TVC Amendments do not properly plan for financially feasible public facilities, including transportation, water, and sewer facilities, as required by Sections 163.3177(2) and (3), Florida Statutes, and Rule 9J-5.016(3)(c)1.f." FAG 25. The TVC Amendments, including each Five Year CIS for water, sewer and transportation, fail to assess new developments only their pro rata share of water, sewer, and transportation facilities in order maintain level of service standards for the facilities. Rule 9J- 5.016(3)(c)2.8, F.A.C. requires a pro rata assessment for those public utilities. The failure of the TVC Amendments to properly plan and fund those facilities opens the door for new developments to get saddled with unfair financial burdens. The TVC Amendments, especially Policies 3.1.4.15,3.1.9.16 and 3.1.9.18, provide mechanisms to assess new developments more than their pro rata share. Public facilities should be planned to serve multiple developments and new developments should not be required to pay for unplanned improvements that also will serve other projects. 26. The five year schedules of water, sewer and transportation improvements in Tables 11-12, 11-12A, 11-14 and 11-15 do not provide all of the requisite information and details. Specific funding sources must be identified and listed "improvements" must be specific about which exact improvement is planned. Rule 9J-5.0l6(4)(a)1., F.A.C. 27. The schedules of water, sewer and transportation improvements in Tables 11-12, 11- l2A, 11-14, and 11-15 are not supported by adequate data and analysis. Additional information must be provided about the funding sources, including copies of development agreements, 7 grants, loans, etc. Additional data and analysis must be provided to show how the various revenue sources, including connection fees, impact fees, and "capital budget" sources, were calculated. See Rules 9J-5.016(1) and (2), F.A.C. The data and analysis must be consistent with other data and analysis projecting TVC development and analyzing impacts on public facilities. See Rulc 9J-5.005(5)(A), FAC. 28. The TVC Amendment do not adequately plan for transportation, water and sewer facilities, and do not provide assurances that level of service standards will be maintained for those fàcilities. The TVC Amendments are inconsistent with Rules 9J-5.016(4)(b) and 9J- 5.016(1)(a), FAC. 29. The TVC Amendments do not ensure that public facilities and services will be available concurrent with the impacts of development, as required by Section 163.3180, Florida Statutes, and Rule 9J-5.0055, F.A.C. Commercial Uses and Urban Sprawl 30. The data and analysis do not support the limited amount and distribution of commercial uses allowed by the TVC Amendments. The TVC Amendments are inconsistent with Sections l63.3l77(6)(a) and (8), Florida Statutes; and Rules 9J-5.005(2)(a) and (e) and 9J- 5.006(2)(c), FAC. 31. The TVC Amendments poorly plan and coordinate land uses and public facilities, and encourage urban sprawl. They are inconsistent with Rules 9J·5.006(3)(b)8. and 9J-5.006(5), FAC. Issues Raised by AP A Emerson (íV, Indrio. L LC 32. APA Emerson @ Indrio, LLC filed a petition with DCA on August 6, 2007, challenging the TVC Amendments. A copy of that Petition, without its attachments, is attached as Exhibit "e" and is incorporated in this Petition. 8 a33. The Petitioners hereby adopt all of the legal and factual issues raised m paragraphs 15 through 24 of the attached Petition filed by AP A Emerson @ lndrio, LLC. State Comprehensive Plan 34. The TVC Amendments are inconsistent with the State Comprehensive Plan, as construed as a whole, including the following provisions set forth in Section 183.201, Florida Statutes: a. Goal (14)(a), to protect of private property rights. The TVC Amendments are unduly restrictive of Petitioners' property rights in contravention of the legislative intent expressed in Section 163.3161(9), Florida Statutes; b. Goal (7), Water Resources, Policies (b) 2, 5, 9, and to, to ensure that new development is compatible with local and regional water supplies; c. Goal (15), Land Use, concerning land use and directing development to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner; d. Goal (17), Public Facilities, Polices 1, 3-7, and 9, providing incentives for developing land in a way that maximizes the use of public facilities, allocates the costs of new public facilities based on the benefits received by existing and future residents, and develop sound and cost effective techniques for financing public facilities; and e. Goal (19), Transportation, Policies 2, 3, 9, and 13, direct and coordinate transportation investments, coordinate state, regional and local transportation plans, and ensure that the transportation system provides timely and efficient access to services, jobs, markets, and attractions. WHEREFORE, for the reasons set forth above, the Petitioners request the following relief: 9 a. That a formal administrative hearing be conducted by an administrative law judge. b. That the administrative law judge enter a Recommended Ordcr determining that the TVC Amendments are not "in compliance." c. That the Administration Commission enter a Final Order determining that the TVC Amendments are not "in compliance." RESPECTFULLY submitted this ~y of August, 2007. ~/J-r p~ EN BRODEEN "(/- Florida Bar No. 512771 LINDA LOOMIS SHELLEY Florida Bar No. 0240621 FOWLER WHITE BOGGS BANKER P.A. 101 North Monroe Street, Suite 1090 (Post Office Box 11240 - 32302) TalIahassee, Florida 32301 Telephone: 850/681-0411 Facsimile: 850/681-6036 10 CERTIFICATE OF SERVICE I HEREBY CERTIFY that this Amended Petition was filed with the office of the Agency Clerk, DOAH, The Desoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060, and copies were provided to the following persons by U.S. Mail on this q~ day of August, 2007. Dean Bunton Asst. Gent:ral Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Daniel S. McIntyre St. Lucie County Attorney 3rd Floor Annex 2300 Virginia Avenue Fort Pierce, FL 34982 H. Michael Madsen, Esq. Vickers Madsen & Goldman, LLP 1705 Metropolitan Blvd., Suite 101 Tallahassee, FL 32308 Reggie 1. Bouthillier, Esq. David Jordan, Esq. Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, FL 32302 Anthony P. Guettler, Esq. Weiss, Handler, Angelos & Cornwell, P.A. 10521 SW Village Center Drive, Suite 101 Port St. Lucie, FL 34987 ~~~ KAREN A. BRaDEEN 11 08/07/2006 13:56 8509222679 Rug 7 2006 13:55 DCA GENERAL COUNSEL PAGE 10/10 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAI.RS NOTICE OF INTENT TO FIND ST. LUCrE COlJNlY COMPREHENSIVE PLAN Al\.IENDMENTNOT TN CO.'vjPLL~NCE DOCKET NO, 06-I-NOI-5601-(A).(N) The lÀ'Partmcnt gives notice of its intent to find the Amendment to the Comprehensive Plan for St. Lucíe Count)", adopted by Ordinance No, 06-019 on May J6. 2006, NOT IN COMPLIANCE, pursU:lIIt to Sections 163.3[84. 1633187 and /63.3189, F,S. The adopted St, Lucie County Comprehensive Plan AmL'1ldmcnt. the Department's Objections, Recommendations, and Comments Report, (if any), and the Department's St.1.tement of lotent 10 Find the Comprchellsh.c PIM Amendment NQt In Compliance will be available for public inspection Monday through Friday, c:<ccpt for legal holidays, during normal busíness hours, at the St. Lucie County Gro"th Management Dcpl\l'tmcnt. 2300 Virginia Avenue, Fort Pierce, Florida 34982. Tlús Notice of Intent and the Statement of Intent ,\-ill be forwarded by petition to the Division of AdministmtÎ'rc Hearings (DOAH) of the Department of Managemcnt Services for the scheduling ofan administratÍ\e hearing pursuant to SectÏ<lne 120.569 and 120.57, F.S. The pulpOsc of the administrative hearing \,ül be to prescnt evidence and testimony Oil the noncomplí:ulce issues a11c..'gCd by the Department in its Objections, Reconuncndations, and Comments Rc..'Port and Statement of Intent in order to secufC a recommended order for fo.......·:rrding to the Administration Conunission, , Affected persons m:l.)' petition to Întervt..-ne in this proccc.ding. A petition for íntervcntion must be filed at k:m tI\ cnty (20) d:1ys before the final hearing and must include all of the ÍllÍonnation and contents described in 1Jnifonn Rule 28-106.205, ,FAC. Pummntto Section 153.3184(10), F.S., no new iSSllCS may be alleged as a I'ellSOIl to fiIld 3. pl3Il or plan amendment not in comptîance in a petition to intt,ncne filed more than twenty Qllt; (21) days after publ ic.,tion of this notice unless the petitioner e!it3blis~ good cauSe for not alleging such new issues within the Iwellty one (21) day time period. Tbe petition for inter- ,"'cn1Íon shall be filed 3t DOAH, 1230 ApOllachce Parkw:l.y, Tall:lhMsœ, Florida 32399--3060, and a copy mailed or delivered to the local govcl'11lUent and the Dcpartl1lcnt. Failure to petition to intervene 'l\íthin the allowed time fr:Ime constílut<:s a wàÎver of any right $uch a. person has to request a hearing pursuant to Sections 120.569:md 120.57, F.s., or to participate in the adrrúnistrative hc:uing, After an admin.istmtive hearing pçtition is timely filed, mcdÎation is a,,-ailablc pursuant to Sub- section I63,3189{3)(a), F.S., to an}' affected person who is made a part)' to the proceeding by filing that rcq\lcst with t:fu: adnùnistrntive law judge assigned by the Di..ision of Administrative Hearings. Thethoke of mediation shall not affect a part}"s right tò an administrative hearing. \!/ I.. I /) ,.\ ,..<-J,:.-h(: G;)(L~",:.,.Jâ.'; \ \ Valerie . Hubbard. AICP =sz \j Director, Division of Community P~~n~ Dcp.3.rtrncnt of Community Affairs 2.5.55 Shumard Oak Boulevard Tallahassee. Florid!l32399-2100 07/27/2007 14:01 8509222579 Jul 27 2007 13:55 DCA GENERAL OJU~ISEL PAGE 04/04 PUBLISHED IN THE FT. PIERCE TRIBUNE ON 7119/07 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CUMULATIVE NOTICE OF INTENT TO FIND ST. LUCIE COUN'rt' COMPREHENSIVE PLAN AMENDMENT (TOWNS, VILLAGES AND COUNTRYSIDE (TVC) ELEMENT AND QUAIL MEADOWS FUTURE LAND USE MAP AMENDMENT) AND REMEDIAL COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 07-R1-NOI-5601-(A}-(I) The Department issues this cumulative notice of intent to find 51. Lucie County Comprehensive Plan Amendment (Towns, Villages and Countryside (TVC) Element and Quail Meadows Future L.and Use Map Amendment) adopted by Ordinance No. 06-019 on May 16, 2006, and the remedial amendment adopted by Ordinance No. 07-037 on June 5. 2007, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted 51. Lucie County Comprehensive Plan Amendment and the Department's Objections. Recommendations, and Comments Report, (If a"¡y), are available for public Inspec- tion Monday through Friday, except for legal hoiidays. during normal business hours. at the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Fort Pierce, Florida 349B2. Arr-j affected person, as defined in Section 163.3184, F.S., has a right to petition for an ad- ministrative hearing to Challenge the proposed agency detennination that the Remedial Amend- ment is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed wi111ln twenty-one (21) days after publication of this notice, and must include all of ~he information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be tiled with the Agency Clerk. Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to requè!;l an administrative proceeding as a peti-tioner under Seotions 120.569 and 120,57, F.$, If a petition is filed, the purpose of the admin-istrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition i!;õ filed, other affected persons may petition for leave to Intervene in the proceed- ing. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and conlents descrIbed in Uniform Rule 28-1 06.205, F .A.C. A petition for leave to intervene shall be filed at the Division of Administrative Hearings, Department of Administration, 1230 Apa/achee Parkway, T<JII..hassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F,S., or to participate in the administrative hearing. After an administrative hearing petition is timely f~ed. mediation is available pursuant to Subsection 163.3189(3)(a). F.S., to any affected person Who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice Df mediation shall not affect a party's right to an administrative hearing. -s-Charles Gautl1ier, AICP Director, Division of Community Plannin Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Flonda 32399-2100 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS APA EMERSON @INDRIO, LLC. DCA Docket No. 07-RI-NOI-5601-(A)-(I) Petitioner. Respondents. FILING !\NO ACKNOI/\R.EDGEMENT FILED. on tld$ dmø, with the designated Agency Clerk t olwhich is hereby _. · . 07 v. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, and ST. LUCIE COUNTY, FLORIDA / PETITION FOR FORMAL ADMINISTRATIVE HEARING BY APA EMERSON (tV, INDRlO. LLC Petitioner, APA EMERSON @ INDRIO. LLC ("Petitioner"), by and through undersigned counsel, and pursuant to Fla. Stat. §163.3184(9), hereby requests a fonnal administrative hearing to contest the action of the Respondent, FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (the '1Jepartment"), finding "inèompliance" the Plan Amendments (Ordinance 06-019) and Remedial Amendments (Ordfuance 07-037) adopted by Respondent, ST. LUCIE COUNTY (the "County''), and in support thereof, states as follows: I. INTRODUcrION NOTICE OF AGENCY ACTION 1. Tlús is a petition pursuant to Sections 163.3184(9), 120.67, Florida Statutes, and , Rule 28-106.201, F10rida Administrative Code, requesting an evidentiary' proceeding, and asserting a material disputed issue of fact with respect to the detennination made by the " Department that the amendments to the 81. Lucie Comprehensive Plan (the "CoIIiprehensive Plan'') adopted by St. Lucie County Ordinance 06-019 (the "Plan Amendments") and Ordinance 07-037 (the "Remedial Amendments'') are "in compliance" with the LOdal Government tj. . Comprehensive Planning and Land Development Regulation Act (the "Act''), as that tenn is ] FTl:2280374:3 FTL:2280374:3 2 5. Petitioner submitted written comments to the St. Lucie County Board of County Commissioners during the hearing of June 5, 2007. A true and correct copy of Petitioner's written comments submitted to the County is attached hereto as Exhibit "D". 6. On July 19, 2007, the Department issued its Cumulative Notice of Intent to Find St. Lucie County Comprehensive Plan Amendment (Towns, Vìl1ages and Countryside (TVC) Element and Quail Meadows Future Land Use Map Amendment) and Remedial Comprehensive Plan Amendment in Compliance (the "Cumulative Notice of Intent") on July 19, 2007, Petitioner became aware of the Cumulative Notice of Intent after viewing the advertisement placed in the Ft. Pierce Tribune. A true and correct copy of the Cumulative Notice of Intent is attached hereto as Exhibit "E". 7. This petition is being filed within twenty-one (21) days of receipt of the Cumulative Notice of Intent. n. PARTIES AND PETITIONER'S SUBSTANTIAL INTERESTS 8. The Department is the state land planning agency as that term is used in Section 163.3]84(9). The Department's address is 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and its telephone number is (850) 488-8466. 9. The County is the local government that adopted the Plan Amendments and the Remedial Amendments. The County's address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, and its telephone number is (772) 462-1100. 10. Petitioner is the owner of approximately twenty-six (26) acres of real property located within the County, more specifically located at the northwest comer of the intersection of Emerson Avenue and Indrio Road (the "Property"). FTL:22e0374:3 3 11. Petitioner is an "affected person" as that term is defined by Section 163,3184(1), and submitted written comments regarding its objections to the Plan Amendments and the Remedial Amendments to the County Commission at its hearing on June 5, 2007. 12. petitioner's address is 1400 NW 107th Avenue, Miami, Florida 33172, and the telephone number is (305) 392-4023. The name, address and telephone number of Petitioner's representative in the instant proceedings is as listed on the signature page ofthis petition. 13. Petitioner's substantial interests are adversely affected by the Plan Amendments, as modified by the Remedial Amendments, in that the Plan Amendments are intended to, and do directly, limit the ability of Petitioner to develop the Property by, among other things, changing the regulations regarding chamcter, density and intensity of use permitted by the existing Comprehensive Plan, for example, as explained in more detail herein in Paragraphs 15, 16 and 18, without limitation. Ill. DISPUTED ISSUES OF MATERIAL FACT 14. The disputed issues of material fact in this petition are whether the Plan Amendments, as modified by the Remedial Amendments (the "Modified Plan Amendments"): a. Are internally consistent, as required by § 163.3187(2), Fla. Stat., and Rule 9J-5.005(5)(a), F.A.C.; b. Are consistent with the Future Land Use Element ("FLUE") of the Comprehensive Plan ("Comprehensive Plan"), . as required by § l(i3.3177(2), Fla. Stat.; c. Comply with §163.3177(6), Fla. Stat., Rule 9J-5.005, F.A.C., and Rule 9J- 5.006, F.A.C. and thus maintain the consistency of the Comprehensive Plan as a whole; and d. Are constitutional.l I Although Petitioner understands thai constitutional issues cannot be decided by an administrative law judge, Petitioner wishes to raise and preserve these issues for appellaie review. See. e.g., Great Bouse of Wine, lnc, v. Florida Dept. afBusiness & Professional Regula/ion, Div. of Alcoholic, 752 So. 2d 728, 729-30 (Fla. 3d DCA 2000) FTL:22B0374:3 4 III. STATEMENT OF ULTIMATE FACTS AND RELATION OF FACTS TO RULES AND STATUTES REQUIRING REVERSAL OF THE DEPARMENrS ACTION OF F1NDING THE MODIF1ED PLAN AMENDMENTS "IN COMPLIANCE" A. The Modified Plan Amendments contain internal inconsistencies, in violation of § 163.3187(2). F.s.. and Rule 91-5.005(5)(a), F.A. C. 15. The Modified Plan Amendments provide, in several places, that "[t]he TVe Element shall not limit the underlying potential densities or intensities, as established by the pre- existing Future Land Use Element." See Policies 3.1.2.5, 3.1.3.1, Figure 3-3. Even though the Modified Plan Amendments claim that the TVC Element does not limit the potential densities and intensities of development, the TVe Element does, in fact, prescribe limitations in several ways, including, without limitation, as follows: a. The TVe Element specifically requires that the property at the intersection of Emerson Avenue and Indrio Road be developed as a Neighborhood Center. The Property is just one small part of that Neighborhood Center, which encompasses property at the northwest, southwest" and southeast quadrants of the intersection of Emerson Avenue and Indrio Road. If Petitioner is required to develop the Property as part of that Neighborhood Center, the Property is subject to a substantial decrease in the densities and intensities of the retail and/or commercial development previously pennitted at that site. Specifically, the TVe Element places a square footage cap on development of Neighborhood Centers of 80,000 to 150,000 square feet, of which Petitioner is entitled only to a portion. The (District Court of Appeal can consider constitutional issues in appeals from administrative agency where the record from the agency is sufficient for complete determination of the issues raised). FTL:22B0374:3 5 TVC Element also imposes a limitation on block size of 2500 linear square feet (See Policy 3.1.4.2); b. Policy 3.1.1.2 of the TYC Element provides that "[d]evelopment within the NSLC Special Area Plan that has a future land use designation ofTVC is limited by the amount set forth in Table 3-1." Table 3-] limits new retail development within the TVC to below what was previously , permissible; and c. Policy 3.1.2.5 provides that "[n]ew nonresidential uses allowed pursuant to the pre-existing Future Land Use Element shall be encouraged to follow the retail and workplace strategies outlined in this element and shall follow the TVC Land Development Regulations:' These strategies and regulations severely limit the densities and intensities of new nonresidential development on several properties, including the Property, by, among other things, placing a maximum square footage cap on building area of 100,000 square feet, and by prohibiting warehouse retail, or "big box" uses on the Property. ' 16. The TVC Element provides, in one section, that compliance with its terms is voluntary and that it gives developers incentives to comply with its goals, objectives and policies. However, the TVC Element at the same time compels developers to comply with its requirements. This inconsistency is highlighted by the statement, on the website of the Treasure Coast Regional Planning Council, that "[p]articipation in the TVC is optional for landowners with less than 500 acres although there are incentives to participate." This inconsistency canbe found in several provisions ofthe TVC Element, including, but not limited to, the following: FfL:2280374:3 6 a. Objective 3.1.2 provides that it creates "an incentive-based policy framework that limits growth in the Towns, Villages and Countryside areas to a sustainable model of development while maintaining the community's rural character and improving the citizens' quality of life." This statement is inconsistent with Policy 3.1.3.1, Policy 3.1.4.3, Policy 3.1. 8.2, and notably, Policy 3.1.2.2, governing the application of the TVC, which provides that "[t]he Goals, Objectives and Policies of this element are interrelated and are to be applied in their entirety to new development." Thus, development in accordance with the TVe is mandatory, not incentive-based; and b. Policy 3.1.2.5 provides that "[n]ew nonresidential uses allowed purSuant to the pre-existing FutUre Land Use Element shall be encouraged to follow the retail and workplace strategies outlined in this element." However, the same Policy continues, and further provides that developers of new nonresidential uses "shall follow the TVG Land Development Regulations." The TVe Land Development Regulations, in turn, compel compliance with the limitations of the retail and workplace, strategies outlined in the Tye Element. 17. The Modified Plan Arnendmentsprovide that the "TVe preserves and enhances existing private property rights.. u" However, the Modified Plan Amendments, as set forth in detail above, severely limit Petitioner's rights in and to the development ofthe Property. FTL:2280374:3 7 B. The Modified Plan Amendments. including the TVC Element and the FLUE Amendments. are inconsistent with the Future. Land Use Element of the Comprehensive Plan in violation of & 163.3177(2), &163.3187(2). F.S.. and Rule 9J-5.005(5)(a). F.A.C. 18. The Modified Plan Amendments create the TVC Element of the Comprehensive Plan, and, by virtue of the FLlÆ Amendments, purport to integrate the TVC Element into the Future Land Use Element ("FLUE"). However, the provisions of the TVC Element are inconsistent with the FLUE, and the FLUE Amendments do not maintain the internal consistency of the FLUE in violation of §163.3 I 77(2), §163.3187(2), F.S., and Rule 9J-5.005(5)(a), F.A-C. The inconsistencies include, but are not limited to, the following: a. The TVC Element provides that "properties shall not have their underlying potential densities or intensities limited by the TVC Element." The Property's current land use designation is Commercial. FLUE provides that Commercial land use designation "is intended to accommodate all commercial zoning districts as identified under 81. Lucie County's Land Development Regulations." However, the commercial property designated TVC does not accommodate all commercial zoning districts. For example, the TVC Element provides that Petitioner is no longer entitled to the uses, densities and intensities per the commercial general zoning district. The Property alone could develop more than 150,000 square feet of retail/commercial space, but now, under the TVC Element, Petitioner is limited to a portion of that square footage, which portion has not yet been determined. b. The FLUE expresses an "increased desire of the community to attract high-quality employers." Furthermore, Objective 3.1.10 of the TVC FTL:22B0374:3 8 FTL:2280374:3 Element is "[t]o position S1. Lucie County as a competitive business environment both at the regional and national levels, and, to create the conditions of sustainable economic development by promoting high-wage, high-quality employment opportunities," However, under the Modified Plan Amendments, developers of corrunercial property, like Petitioner, who have the ability to attract high-quality employers, are discouraged or prevented from developing in the County because they are precluded from realizing the economic potential of their properties. c. Objective 3. 1.8 of the TVC is "[t]o accommodate the future retail demand as a successful, viable and significant component of the neighborhood structure to meet the needs and desires of the community while providing a market rate of return." However, the TVe Element, as discussed above, limits the amount, density, and kind of retail development that will be required to serve the commensurate increase in housing and population contemplated by the Comprehensive Plan. For example, the TVC Element contemplates that the Property will be developed as a Neighborhood Center, which is "anchored with a grocery store." However, other provisions. of the TVC Element limit, or prevent altogether, the ability of Petitioner to develop a grocery store on that property, as discussed in Section III(A) of this petition. Thus, the needs and desires of the community will not be met. d. The FLUE provides that the descriptions of the future land use designations "provide the intent as well as recommend permitted/preferred 9 FTL:22B0374:3 uses within each designation. Further descriptions include other uses related to the predominant use which are consistent with the intent of the designation and which would be pennitted at the discretion of the County." The FLUE Amendments and a description of the future land use designation of TVC, do not, even at a minimum, recommend permitted/preferred uses. e. The Modified Plan Amendments are inconsistent with Policy 1.1.8.11 of the FLUE, which "encourage[s] the use of existing commercial and industrial designated lands within the urban service area, through requiring a strict demonstration of service availability, before authorizing'Land Use and Zoning amendments in areas not presently indicated as having such a designation." The Modified Plan Amendments have amended the land use designations to permit additional commercial and industrial uses within lands not previously designated for those uses, without encouraging the development of lands that were already designated commercial, such as the Property, which is land designated commercial within the County's urban service area. f. Policy 1.1.5.1 of the FLUE Amendments refers to Figure 1-9 for a depiction of the Planned Urban Service Area. Not only is there no Figure 1-9, but the FLUE provides that the urban service area is depicted in Figure 1-6A. g. Policy 1.1.5.2 provides that "prior to the issuance of any final development order within the Urban Service Area, the County shall 10 consider the proximity of the proposed development activity to the availability of urban and conununity services and facilities. Development which requires extending any of these services over or through significant distances of undeveloped land or land not already subject to the issuance of a final development order shall be discouraged until other lands that are more proximate to the existing services have been developed." The rye Element does not take the proximity of existing development into consideration when considering the extension of urban and community facilities to new proposed development. h. In several places, the FLUE Amendments and the Remedial Amendments add sections to the Comprehensive Plan, which sections already exist in . some other form, and the Modified Plan Amendments do not reconcile the identically numbered sections; See Policies, 3.1.4.8, 3.1.4,9, and 3.4.1.11 through 3.4.1.14 of the Remedial Amendments. 19. For at least the foregoing reasons, the Department should not have found that the Modified Plan Amendments are "in compliance." e. . The Modified Plan Amendments are in violation of &163.3177(6), Rule 9J-5.005, FAe. and Rule 9J-5.006. F.A.C. 20. Fla. Stat. §163.3177(6)(a) provides that within the FLUE, "[eJacb future land use category must be defined in terms of uses included, and must include standards to be followed in the control and distribution of population densities and building and structure intensities." However, the definition of the future land use category ofTye found in the FLUE is vague and undefined, and does not include standards as to densities and intensities. FTL:2280374:3 11 21. Rule 9J-5.005, F.A.C., prescribes the general requirements governing Comprehensive Plans and amendments thereto. The Modified Plan Amendments fail to comply with Rule 9J-5.005 in several ways, including, without limitation: a. The Modified Plan Amendments do not provide objective or defined standards governing future development, even though Florida law requires that the Comprehensive Plan provide objective and definable standards to govern future development Rule 9J-5.005(6), FAC., provides that "[g]oals, objectives and policies shall establish meaningful and predi«table standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations:' For example, Petitioner has planned to develop the Property for retail and/or commercial uses. Petitioner must now develop the Property as a Neighborhood Center outside of a Town or Village. because Petitioner does not have the acreage required to develop as a Town or Village. Nowhere in the TVC Element, or elsewhere in the Modified Plan . Amendments, is Petitioner informed as to the standards governing use, density and intensity of development for the Property. Furthennore, the Modified Plan Amendments are so unclear that Petitioner cannot even be sure that it can develop a Neighborhood Center, as that teon is defined by the TVC; and .b. The Modified Plan Amendments do not "describe how the local government's programs, activities, and land development regulations will be initiated, modified or continued to implement the comprehensive plan FTL:228D374:3 12 in a consistent manner," in violation of Rule 9J-5.005(6). In contrast, the inconsistencies iIÙlerent in the Modified Plan Amendments, as described herein, give conflicting directions as to how to implement the Comprehensive Plan in a consistent manner. In fact, the land development regulations enacted by the County with tbe intention to implement the Modified Plan Amendments are conflicting 22. Rule 9J-5.006, F.A.C., governs the FLUE and amendments thereto. Rule 9J- 5.006(4)(c), governing the Future Land Use Map, provides, in part, that "[m]ixed use categories of land use are encouraged. If used, policies for the implementation of such mixed uses shall be included in the comprehensive plan, including the types of land uses allowed, the percentage distribution among the mix of uses, or other objective measurement, and the density or intensity of each use." The FLUE, as amended by the Modified Plan Amendments, does not provide for the types of commercial land uses allowed in the TVC, nor does it provide for the percentage distribution among the mix of uses, where a mix of uses is allowed. Further, neither the FLUE, as amended by the Modified Plan Amendments, nor the TVC Element, provide objective measurements governing the densities and intensities of each use permitted within the TVe. D. The Modified Plan Amendments are unconstitutionaf 23. In Florida,comprehensive plan amendments must comply with the requirements of the Florida Constitution and Florida law. 24. The Modified Plan Amendments are unconstitutional, illegal, and improper for the following reasons, without limitation: a. They are unconstitutionally vague; 2 Although Petitioner understands that constitutional issues camot be decided by an administrative law judge, Petitioner wishes to raise and preserve these issues for appellate review. FTL:22B0374:3 13 FTL:22B0374:3 b. They improperly delegate to County Staff the function and authority to interpret the Comprehensive Plan without proper guidance; c. They result in a taking of Petitioner's property, violating the due process clause both facially and as applied, or, at a minimum, create an inordinate burden upon Petitioner; d. They deny Petitioner equal protection of the law; and e. They are an attempt to create the right in the County to dictate to property owners, on an ad hoc basis, the manner in which those property owners may enjoy and develop their property. 14 WHEREFORE. Petitioner, AP A EMERSON @ INDRIO, LLC, hereby requests that the Department: FTL:2280374:3 a. Find the Modified Plan Amendments are internally inconsistent, in violation of § 163.3187(2), Fla. Stat., and Rule 9J-5.005(5)(a), FA. c.; b. Find the Modified Plan Amendments are inconsistent with the Future Land Use Element ("FLUE") of the Comprehensive Plan ("Comprehensive Plan''), in violation of § 163.3 I 77(2), Fla. Stat.; c. Find the Modified Plan Amendments do not comply with §163.3177(6), Fla. Stat., Rule 9J-5.005, F.A.C., and Rule 9J~S.006, F.A.C.; d. Preclude enforcement of the Modified Plan Amendments; e. Order the County to repeal the Modified Plan Amendments or to amend the Modified Plan Amendments so that they are consistent with Chapter 163, Fla. Stat., and Rule 9J-5, FA.C.; f. For such other and further relief as the Department deems just and fair, as pennitted by law. Respectfully SUbmij;d, Q '-~ 09 4 968~1 Ò f' Glenn N. Smith, Esq. Florida Bar No. 165334 Robyn Lynn Libow, Esq. Florida BarNo. 18019 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, PA Attorneys for Petitioner 200 E. Broward Blvd, Suite 1500 Ft. Lauderdale, FL 33301 Phone: (954) 527-2466; Fax: (954) 333-4066 Glenn.Sinith@Ruden.com 15 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been hand- delivered to: Clerk of Agency Proceeding, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100; and sent by US-Mail to: Daniel S. McIntyre, Esq., County Attorney, St. Lucie County, 2300 Virginia Ave, Fort Pierce, FL 34982, this t-tL day of ~ ,2007. . Glenn N. Smith, Esq. Florida Bar No. 165334 Robyn Lynn Libow, Esq. Florida Bar No. 18019 FTL:2280374:3 16 EXHIBIT B REMEDIAL AMENDMENTS 1. Amend Policy 3.1.1.2(c), North 81. Lucie County Maximum Allowable Development Program, by inserting the following additional language following Table 3-1: The maximum development amounts in the above table apply only within the area that has the TVC land use designation, as depicted on Figure 3-2. For example, and without limitation of the foregoing statement, the retail uses depicted outside the area of the TVC land use designation on Figure 3- 13, North 81. Lucie General Retail Development Plan, both to the east and the west of the TVC land use designation area, are not limited by the Maximum Allowable Development Program as set forth in this Policy 3.t.I.2(c). This shall not be deemed to limit or modify provisions of this Comprehensive Plan as they may apply outside the area that has the TVC land use designation. 2. Renumber the present Policy 3.1.1.2(d) as 3.1.1.2(e), and add a new Policy 3.I.t.2( d) to read as follows: d) Within 90 days following the County's approval of any final development order allowing a commercial/retail use by which the total amount of commercial/retail (including office) use approved for development within the area subject to the TVC land use designation EXHIBIT I 1/6" .'! equals or exceeds 3,500,000 square feet of building area, the County shall initiate a special review process by which it shall consider whether a Plan amendment is appropriate that would increase the maximum of 5,000,000 square feet of comrnercial/retail uses, including any appropriate regional commercial use, pennitted within such area as set forth in Policy 3. 1. 1.2(c) Table 3-1, Maximum Allowable Development Program. 3. Amend Figure 3-13, North St. Lucie General Retail Development Plan, to provide for a Neighborhood Center at the intersection of New East-West "D" Road and New North-South "C" Road as depicted on Figure 3-15, North St. Lucie County Future Street Network Plan - 2030. 4. Amend the definition of Mixed Use Business District to read as follows: Mixed-Use Business District: An area that due to its location has the development potential to specialize in tenns of accommodating significant business functions. A Mixed-Use Business District should include a variety of uses and is encouraged to provide a place for large offices that may be too intense for the Neighborhood. as well as for regional commercial uses, targeted industry. higher education/research facilities. other office uses, and residential uses. Land located within the Mixed-Use Business District may also develop pursuant to the density and intensity established by the " 2 Transferrable Development Value Map (Figure 3-3) and otherwise in accordance with the Goals, Objectives, and Policies of the TVC. 5. Amend Table 11-13, North St. Lucie County Special Area Plan, Long-Term Transportation Capital Improvements Program, so that the four roadway projects projected for 2050 are instead projected for 2030. Also, Amend Figure 3-15, North St. Lucie County Future Street Network Plan - 2030, to remove the notation in the lower right corner to the effect that the extension ofImmokolee Road to the west and the interchanges at 1-95 and tl;1e Florida Turnpike, are "Proposed by 2050." Pursuant to law, the County will coordinate Table 11-13 and Figure 3- I 5 with the MPO Plan. 6. Amend PoEcy 3.1.4.14, Monitoring and Evaluation of the TVC, to read as follows: Policy 3.1.4.16: Monitoring the TVC. The County shall monitor the implementation of the TVC on an ongoing basis. Within four years of the effective date of the TVC Element, the County, working in conjunction with the Treasure Coast Regional Planning Council and a committee of ten local residents and proµertv owners in the TVC area. will evaluate the performance of the goals, objectives and policies as well as the land development regulations, including the Transfer of Development Rights program, and management of the Open Space. Each member of the Board of County Commissioners shall appoint two members of such committee. of which at . least one shall be an owner of property within the TVC area. Such evaluation process will include. without limitation, specific evaluation of the following components ofTVC: a) Workforce housing supply and demand: b) Retail. commercial. and industrial supply and demand to meet local and regional economic development needs, including the amount of existing and approved retail. commercial. and industrial uses in the TVC and the continued appropriateness of the commercial development cap in Table 3-1. 3 c) TDR supply and demand; d) Water and wastewater capital improvements, supply. demand, and any adiustments necessary to the capital improvements schedule, to the extent not already addressed in the County's annual updates of the schedule and the utilities master plans of utility providers in the TVC area; e) Transportation impacts and progress towards implementing the Future Street Network Plan depicted on Figure 3-15, and any adiustments necessary to the capital improvements schedule, to the extent not already addressed in the County's annual updates of the schedule; and t) Effective coordination with other government and legislative agencies, such as MPG, SFWMD, FPFWMD, FDOT, DEP, City of Fort Pierce, Ft. Pierce Utility Authority, and Indian River County. g) The adoption and implementation of special assessment districts pursuant to Policy 3.1.9.16. h) Potential options to meet the Countryside and Open Space Requirements beyond those options contained in the TVC that maintain the purposes behind the Countryside and Open Space Requirements. i) Experience with administration, management, and maintenance of Open Space and Countryside areas. j) Patterns of development occurring within TVC, and the need for possible alternative patterns. Based on this evaluation, the County will adopt appropriate modifications to the TVC Element to resolve any issues related to implementation these or other components of the plan. Subsequent evaluations shall occur no less than ev.ery four years. This policy shall not prohibit any party from initiating any other Plan amendment. 7. [Add attached amendment to deal with 2007 legislation] 8. [Add amendments to clean up "adopted" vs "effective date" where policies triggerrequired actions by County, i.e., Policies 3.1.6.7, 3.1.9.16, and 1.1.2.9.] 4 ..", Policy 3.1.9.17: Transportation Concurrency. Transportation infrastrucl1.ire shall be in place or committed through an appropriate capital improvements program and scheduled to be in place within three years from the approval oflhe building permit or its functional equivalent that results in traffic generation. The Capital Improvements Element shall specifY the timeframe and responsible party, whether the County, developer, or otherwise, for funding of such transportation infrastructure. However, a project that meets the requirements of the TVC Element may, as required by Section 163.3180( 16), Florida Statutes, for transportation facilities or facility segments specifically identified for funding in the S-year schedule of capital improvements in the Capital Improvements Element, choose to satisJY transportation concurrency requirements by contributing or paying proportionate fair-share mitigation....F.or .trllnsPClrtatio.nJaciliHtlsorfacility. segments not specifically identified for funding in the S-year schedule of capital improvements, the County may in its discretion accept 'p.rÐP.Ðftia.R9;te. sllar13 .er.llroJortionatefair~shareumitigat.i()nu. ,.' to satisfy transportation concurrency as authorized in .Se()ti.!!A...1.63}1.8~(12LlU'Id.S.ecti()n... 163.3180(16), Florida Statutes. A development of regional impact that meets the requirements of the TVC Element and Section 163.3180(12) Florida Statutes. mav satisfy transportation concurrencv requirements bv paving a oroPOltionate-share contribution for local and regionally significant traffic impacts as provided in Section 163.3180(12). In all cases, mitigation for development impacts to facilities on the Strategic Interrnodal System made pursuant to Section 163.3180(16) shall require the concurrence of the Florida Department of Transportation. Any development or development phase that has satisfied transportation concurrency by paying or contributing a proportionate share or proportionate fair share pursuant to this policy, computed in accordance with Section 163.3180(12)(e), F.S. shall be deemed to have fully mitigated its impacts on transportation facilities. The County shall adopt an ordinance containing the methodology for assessing proportionate fair share mitigation options. At a minimum, such ordinance shall be consistent with the requirements of Sections 163.3180(12) and 163.3180(16), Florida Statutes. ( Deleted: Formatted: Strikethrough Formatted: Strikethrough ,r .' t ORDINANCE NO. 08-010 AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA, ADOPTING AMENDMENTS TO THE COMPREHENSIVE PLAN RELATING TO TOWNS, VILLAGES AND COUNTRYSIDE (TV C) ELEMENT, WHICH AMENDMENTS SHALL APPLY TO PROPERTY GENERALLY LOCATED WITHIN THE AREA DEPICTED ON EXHIBIT "AU HERETO, WHICH AMENDMENTS ARE ATTACHED AS EXHIBIT "B"; PROVIDING FOR TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND OTHER AGENCIES AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the State of Florida, Department of Community Affoirs ("DCA" or "Department"), is the state land planning agency and has the authority to administer and enforce the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes; and WHEREAS, St. Lucie County ("County") is a local government with the duty to adopt comprehensive plan amendments that are "in compliance;" and WHEREAS, the Plan Amendment adopted text amendments to the Future land Use, Transportation, Recreation and Open Space, Intergovernmentol Coordination, and Capital Improvement Elements of the Comprehensive Plan, adopted four future land-use map amendments, and created the Towns, Villages and Countryside Element; and WHEREAS, Petitioners (Brown, et, al.) own properties within the area that is the subject of the TVC Amendments, and are the Petitioners in the above-styled caSes; and WHEREAS, the County adopted the TVC Amendments by Ordinance Nos. 06-019 and 07-037 on May 16, 2006 and June 5, 2007, respectively; and WHEREAS, DCA issued its Cumulative Notice of Intent dated July 19, 2007 finding the TVC Amendments "in compliance"; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, Petitioners filed an amended petition challenging the TVC Amendments ("Petition"); and WHEREAS, the County and DCA dispute the allegations in the Petition regarding the TVC Amendments; and WHEREAS, the Petitioners have agreed that if the County adopts the amendments attached as Exhibit "B", the Petitioners will dismiss their Petition challenging the TVC amendments. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AS FOLLOWS: Section 1. confirmed. Recitals Adopted. Each of the above stated recitals is hereby adopted qnd .. Section 2. Adoption of Towns. Villaaes and CountrYside Comprehensive Plan Amendments. The Board hereby adopts the Towns, Villages and Countryside Comprehensive Plan Amendments, attached as Exhibit "B" hereto, which amendments shall apply to that property generally located in the Towns, Villages and Countryside comprehensive plan element boundary as more specifically depicted in Exhibit" A" hereto. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional. such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. The County Growth Management Director is hereby directed to ensure that this Ordinance and all necessary supporting data and analysis and other relevant documents are forwarded within 10 working days to the Florida Department of Cammunity Affairs, the Treasure Coast Regional Planning Council and other agencies in accordance with Rule 9J -011(5), Florida Administrative Code. Section 5. Effective Date. The effective date of the comprehensive plan amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.31B4(1)(b), Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An Adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the Board adopts a resolution affirming its effectiveness in the manner provided by law. After motion and second, on second hearing and adoption, the vote on this ordinance was as follows: Chairman Joseph E. Smith Vice Chair Paula A. Lewis Commissioner Doug Coward Commissioner Chris Craft Commissioner Charles Grande xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this_day of ,2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney , I I I I i i J I "~._.A~.~,, ..J'I. /\ ' /~. 4~'ib~'! ~ .. " '" '" .. ~~ R !~ Ig; --+- leD ::ï Ul 3" (JJ ::ï C1l CD () ::y CD ...., (') ill ::ï ill K.Jd\l b tt I'A 1\ ._. iii. I . I I I . I . ... , z o ...., ...... ::y (') o C ::ï «" (j) ...... C 0.. '< » -, <D ill OJ o C :J 0... ill -< o P --J (J1 (J1 w ;;: ',," , ill ..... '"J'\ lJ ~-~) V c' ~ ~'~ u 1;,;'" íll ;:: \\ ro 't ~ ::L ' ;;: ~ ~, w ....: '< k ~ _~f,':i.~A rv ~ }~lI o ::;'r o ~'\' --J ' þz \ Remedial Amendments for Case Nos, 06-2834GM and 06-2845GM February 19,2008 Proposed Changes to TVC Element [Proposed changes are indicated by strikethrough for deleted text and underline for added text.] Mixed-Use Business District: An area that due to its location has the development potential to specializc in terms of accommodating significant business functions. A Mixed-Use Busincss District should include a variety of uses and is encouraged to provide a place for large offices that may be too intense for the Neighborhood, as well as for regional commercial uses, targeted industry, higher education/research facilities, other oftìce uses, and residential uses. Land located within the Mixed-Use Business District may also devclop pursuant to the density and intensity established by the Transferable Devclopment Value Map (Figure 3-3) and otherwise in accordance with the Goals, Objectivcs, and Policies of the TVe. * * * * * * Policy 3,1.1.2: Adopted Special Area Plans. Adopted Special Area Plans include the following: I) North St. Lucie County Special Area Plan. The settlement strategies generated during the charrette process for the Special Area Plan for North 51. Lucie County (NSLC) arc outlined in the North St. Lucie County Charrette Master Plan Report that is included as data and analysis supporting the creation and implementation of the Towns, Villagcs and Countryside (TVC) Element and future land use designation. a) North St. Lucie County Special Area Plan General Location Map. Figure 3-1 depicts the area included in the NSLC Special Area Plan. b) North St. Lucilil County Towns, Villages and Countryside Map. Figure 3-2 depicts the area in the NSLC Special Area Plan that has a future land use designation ofTYC. c) North St. Lucie County Maximum Allowable Development Program. Development within the NSLC Special Area Plan that has a future land use designation ofTYC is limited by the amount set forth in Table 3-1. Table 3-1 North St. Lucie County Maximum Allowable Development Program Use Amount Permitted I Residential Dwelling Units 37,500 units i Commercial/Retail Uses 5,000,000 square feet ! Industrial Uses 464 acres I The maximum development amounts in the above table apply only within the area that has the TYC land use dcsignation, as depicted on Figure 3-2. For example, and without limitation of the foregoing statement. the retail uses deoicted outside the area of the TVC EXHIBIT .. ~ It r2 íf 19 I.,) f Remedial Amendments for Case Nos. 06-2834GM and 06-2845GM February] 9, 2008 land use designation on Figure 3-13. North St. Lucie General Retail Development Plan. both to the east and the west of the TVC land use designation area, are not limited by the Maximum Allowable Development Program as set forth in this Policy 3.1.1.2(c). This shall not be deemed to limit or modify provisions of this Comprehensive Plan as they may applv outside the area that has the TVC land use designation. d) Within 90 davs following the County's approval of anv final development order allowing a commercial/retail use by which the total amount of commercial/retail (including office) use approved for development within the area subiect to the TVC land use designation equals or exceeds 3.500.000 square feet of building area, the County shall initiate a special review process bv which it shall consider whether a Plan amendment is appropriate that would increase the maximum of 5,000,000 square feet of commercial/retail uses. including any appropriate regional commercial use. permitted within such area as set forth in Policy 3.1.1.2(c) Table 3-1, Maximum Allowable Development Program. ~è1 North St. Lucie County Transferable Development Value (TDV) Map. Figure 3-3 establishes the TDV Map for NSLC. * * * * * * Policy 3.1.2.4: Expedited review process. The County shall establish an expedited process for rezoning and development review within six months of the effective date adoption of the TVC Element. Since the TVC Element provides incentives for large-scale settlement plans, and does not provide incentives for piecemeal development, the expectation is for an assemblage of coordinated development plans that may result in numerous projects meeting the threshold for Development of Regional Impact (DRI) review process. The County will work with the Treasure Coast Regional Planning Council to reduce Council's DR] review process to ninety days for projects that propose to build in accordance with an approved Special Area Plan and the TVC Goals, Objectives and Policies. A development proposal that meets the threshold for DR] review, but does not propose to build in accordance with an approved Special Area Plan or in accordance with the TVC Goals, Objectives and Policies, is not eligible for the TVC expedited review process. * * * * * * Policy 3.1.4.10: Accessory Units [Renumbered from Policy 3.1.4.8 - No text changes] * * * * * * Policy 3.1.4.11: Adequate School Sites and Capacity [Renumbered from Policy 3.1.4.9 - No text changes] * * * * * * Policy 3.1.4.12: Potable Water and Sanitary Sewer [Renumbered from Policy 3.1.4.10 - No text changes] * * * * * * 2 , Remedial Amendments for Case Nos, 06-28340M and 06-28450\1 February 19, 2008 Policy 3.1.4.13: Provider of Potable Water and Sanitary Sewer [Rcnumbered from Policy 3.1.4.11 - No text changes to text as amendcd by Ordinance 07-037] * * * * * * Policy 3.1.4.14: Construction of Infrastructure [Renumbered from Policy 3.1.4.12 - No text changes to text as amended by Ordinance 07-037] * * * * * * Policy 3.1.4.15: Levels of Service Standards changes to text as amended by Ordinance 07-037] * * * [Renumbered from Policy 3.1.4.13 - No text * * * Policy 3.1.4.16: Availability of Facilities [Renumbered from Policy 3.1.4.14 - No tcxt changcs to text as amended by Ordinance 07-03] * * * * * * Policy 3.1.4.17: Funding Publie Facility Improvements [Renumbered from Policy 3.1.4.15 - No text changes to text as amended by Ordinance 07-03] * * * * * * Policy 3.1.4.18 Site Plan Approval Requirements [Renumbered from Policy 3.1.4.12 - No text changes] * * * * * * I< Policy 3.1.4.19 Phased Development Approach [Renumbered from Policy 3.1.4.13 - No text changes] * * * * * * I< Policy 3.1.4.1420 Monitoring the TVC. The County shall monitor the implementation of the ryc on an ongoing basis. Within four twe years of the effective date of adoption of the TYC Element, the County, working in conjunction with the Treasure Coast Regional Planning Council and a committee of ten local residents and property owners in the rve area, will evaluate the performance of the goals, objectives and policies as well as the land developmcnt rcgulations, including thc Transfer of Development Rights program, and management of the Open Space. Each member of the Board of County Commissioners shall appoint two mem bers of such committee. of which at least one shall be an owner of pro pert v within the TVC area. Stich evaluation process will include, without limitation, specific evaluation of the following components ofTVC: a) Workforce housing: supply and demand: b) Retail. commercial, and industrial supply and demand to meet local and regional economic dcvelopment needs. including the amount of existing and approved retail, commercial. and industrial uses in the Tve and the continued appropriateness of the commercial development cap in Tablc 3-1; 3 Remedial Amendments for Case \los, 06-2834GM and 06-2845GM February 19,2008 c) TDR supply and demand; d) Water and wastewater capital improvements. supply. demand. and anv adiustments necessary to the capita] improvements schedule. to the extent not already addressed in the County's annual updates of the schedule and the utilities master plans of utilitv providers in the TVC area; " e) Transportation impacts and progress towards implementing the Future Street Network Plan depicted on Figure 3-15, and any ad iustments necessary to the capital improvements schedule. to the extent not already addressed in the County's annual updates ofthc schedule: f) Effective coordination with other government and legislative agencies. such as MPO. SFWMD. FPFWMD. FDOT. DEP. City of Fort Pierce. Ft. Pierce Utility Authority. and Indian River County: g) The adoption and implementation of special assessment districts pursuant to Policy 3,1. 9, l6; h) Potential options to meet the Countryside and Open Space Requirements beyond those options contained in the TVC that maintain the purposes behind the Countryside and Open Space Requirements; i) Experience with administration. management. and maintenance of Open Space and Countryside areas; and j) Patterns of development occurring within TVC. and the need for possible alternatiyc patterns. Based on this evaluation. the County will adopt appropriate modifications to the TVC Element to resolve any issues related to implementation these or other components of the plan, Subsequent eyaluations shall occur no less than every four Years. This policy shall not prohibit any party from initiating anv other Plan amendment. * * * * * * * Policy 3.1.6.7: Management and Coordination of the Flow Way System. St. Lucie County will coordinate with SFWMD and FPFWD to create, within six months of adoption the effective date of the TVC Element, an institutional structure to facilitate the implementation of a surface water and stormwater management system that a) maintains adopted level of seryice standards; b) is coordinated with landowners to achieve connectivity over time; c) is financially feasible; d) is coordinated with the plans of the SFWMD, FPFWD and other stakeholder agencies; and e) increases water quality prior to discharge into the Indian River Lagoon. * * * * * * * 4 .. Remedial Amendments for Case Nos. 06-2834GM and 06-2845GM February 19,2008 Policy 3.1.7.7: TDR Credit Matrix. Density transferred from appropriate Sending Sites may be eligible to receive a multiplier to the transferable development rights of the property. The value of the multiplier is weighted based on the desired public benefit and to encourage sustainable development patterns. The multiplier shall be established through analysis in each Special Area Plan. I. North St. Lucie County. Table 3-4 North St. Lucie County Credit Matrix Transfer Condition Multiplier From Countryside in a Village located Outside the USB 1.25 to an Eligible Receiving Site located Outside the USB From Countryside in a Town located Outside of the USB to an Eligible 1.5 Receiving Site located Outside the USB From the Countryside of a Town or Village located on Contiguous 1.75 Property both Inside and Outside of the usn to the Net Developable Area From Countryside located Inside the USB 1.75 I to an Eligible Receiving Site located Inside the USB I From Countryside Outside the USB 2 to Eligible Receiving Site Inside the USB From a Parcel Less than 500 ac. in size located Outside of the USB to an 2 Eligible Receiving Site ! From Targeted Industry Site to an Eligible Receiving Site 2.5 From Higher Education Site to an Eligible Receiving Site 2.5 From Agricultural Research & Education Facilities to an Eligible 2.5 Receiving Site. From Created Natural Habitat in the Countryside 2.5 to an Eligible Receiving Site From Environmentally Significant Land 2.5 to an Eligible Receiving Site From Countryside to a Workforce Housing Unit 2.5 * * * * * * 1< Policy 3.1.9.17: Transportation Concurrency. Transportation infrastructure shall be in place or committed through an appropriate capital improvements program and scheduled to be in place within three years from the approval of the building permit or its functional equivalent that results in traffic generation. The Capital Improvements Element shall specify the timcframe and responsible party, whether the County, developer, or otherwise, for funding of such transportation 5 Remedial Amendments for Case Nos. 06-2834GM and 06-2845GM February 19, 2008 infrastructure. However, a project that meets the requirements of the TVC Element may, as required by Section 163.3180(16), Florida Statutes, for transportation facilities or facility segments specifically identified for funding in the 5-year schedule of capital improvements in the Capital Improvements Element, choose to satisfY transportation concurrency requirements by contributing or paying proportionate fair-share mitigation. For transportation facilities or facility segments not specifically identified for funding in the 5-year schedule of capital improvements, the County may at its discretion accept proportionate share or proportionate fair-share mitigation to satisfy transportation concurrency as authorized in Section 163.3180(12) GAd Section 163.3180(16), Florida Statutes. A development of regional impact that meets the requirements of the TVC Element and Section 163.3180(12), Florida Statutes, may satisfy transportation concurrency requirements by paying a proportionate-share contribution for local and regionally significant traffic impacts as provided in Section 163.3180(12). In all cases, mitigation for development impacts to facilities on the Strategic Intermodal System made pursuant to Section 163.3180(16) shall require the concurrence of the Florida Department of Transportation. Any development or development phase that has satisfied transportation concurrency by paying or contributing a proportionate share or proportionate fair share pursuant to this policy, computed in accordance with Section 163.3180(12)(e), F.S., shall be deemed to have fully mitigated its impacts on transportation facilities. The County shall adopt an ordinance containing the methodology for assessing proportionate fair share mitigation options. At a minimum, such ordinance shall be consistent with the requirements of Sections 162.3180(12) and 163.3180( 16), Florida Statutes. * * * * * * * 6 '. Remedial Amendments for Case Nos, 06-2834GM and 06-2845GM February 19,2008 [Policy 3.1.8.2 Accommodation of Retail Uses] No text changes. Renumber Policy 3.1.8.2(1)(b), Retail Uses and Transportation Network, as Policy 3.1.8,2(1 )(c) to correct a typographical error in policy as originally adopted by Ordinance 06- 019. Amend Figure 3-13, General Retail Development Plan, as shown on the attached copy of Figure 3-13. * * * * * * * 7 The map identitíes the approximate location, type and scale of new retail/workplace uses located at key inter- sections of the future transportation network. The intent of this map is to show the general vicinity and major roads or intersections where the proposed use is appropriate, While these locations arc not precisely site specific, the proposed uses should be pTDvided within a 1/4 mile radius of the area indicated on the map, Location of these land uses support the transportation coneun'ency strategy for the overall area. :--Jot provid- ing for these uses within a 1/4 mile radius of specified areas and along the proposed corridors will require a review of the overall transportation network and concurrency strategy for the TVC area. o _..~~, ;:.1 I.J·.......-.,I --"r"I' .g ti . ü"5 ! I ::: u 'if ë ' U '" '3 Vi I I , fo ~ 10 i¡:: ;¡:;l f lJ :" __-1 ;~"'1\ '-.,.... »''''''--'''' '--"-'T w"-~---"'~-r- ,_.~~]t.Lj '''1 ~ingS HWy:Xb.l_____Lc >'-l:::~!2;..:::~:·r~:.::-==:':;:"T\ic·:·f[i11è-· 71··rt:~-~.~.~·"'''··--~-- : . ..............._...._....""-..,..~"......- ..;: ~ .. ,. I õhU . --.. f -·"'r--··'--· ; ~- : I~ '.-""1 'dj · I i---.L--.-~: I Ii Z ..:::::--:-¡..,'..!:!-.....£.,-.-un"''','.E1IJ}~.I~$lia,~~~;1~E;~~ , __.L _, _)J : f- -- 0" - l' '"'' -.., ~'-:'J'L/ Y_;:;:·:r--~--r .__.~-,~-=~., . ' ~ ~ j ~ I A,i"""- .d.L...-.-.....l 1 _ I .5 ~ ¡ I I it<'<·J~ ~ j--;-"@ ~ -1'~~"~-'-~- , ,.-.:, I ,1I·ä B ,I g.š , 0 ..::: '. I 'U Il,.) ~ --Lt/). ¡"'¡eI) I: I,) 6U' 'c=:~cl===,.~ 2B1Il~EOH=IlL,o=L~ ~---r-,",~' / 8 ~ J l-JLL_- --_ _ ----c ¡ __, / fl I _ -'-1 -^-- - ¿; ~_^ k___¿~_;:¡_L=_.jP j ~ ' >\-') : ¡j ~,Koblegard Rd.~,-, · ^a ~ -----11. . V " 01) Q..l (, _,',_ , \<...~';<.-,.--""C I ¡;u 1" ./ /^ 1 8. '~~~:r '.....y/ ' .. i" / ,/ U ..'.'.jI t ! /"~>" .~ ::J¡,i', ...,......,....-.,..--.-... '....... '...,..'....i.,,"....,,:'"...,~....'-._.._. ."""'''-'''J3'--~...ui ',' >,~"J ~ @ ,I. "'§J ~ :. k) ...-".....-. i 1~lð........'-·--·......._..,· !,"":;J n g 'I"" .j~~_. -1~ i ~-... c-.:l ¡ !u ;-"0 ,..¡ -I >- '" ~ ._.g,..g. ...JI'" I ---' ._Lj_____ ì ;1 J Ir-·..··',......·..-........... '. · , '-' . Õ \ V5 ~ '" ~. ~"'--g".-- ....I -~ -~---,--,--"~-"-_._' , ..-!;' ;'->...:" , · · I, :~\.I t. ",::~ '\ ~<:l'\'>; "~-'t-~..."i. , è>ÒO :' I ,..,o~.,..:· ~ '< ',," I' , .- . .- . · · · k ~ , · ~! .--.... '.'...'......,....".--r' r n 51. Lucie County Comprehensive Plan 3-37 TVC Element February 8, 2008 'L j ~ ... ~ ~ q ~ ;.. '" ~ ....J ~ '" ""'0::: - I ....J '2 ;2 ... o.¡ :I Z OlIo.¡ ti:CJ >- E- Z :;¡ o Ç,.I o.¡ \..: :;¡ ..J ,.: :r, - ¡: Q: o Z Remedial Amendments for Case Nos. 06-2834GM and 06-2845GM February 19,2008 [Policy 3.1.9.3, Future Street Network Plan] No text changes. Amend Figure 3-15, North St. Lucie County Future Street Network Plan - 2030, as shown on the attached copy of Figure 3-15. 8 Figure 3-15 NORTH ST. LUCIE COCNTY FUTURE STREET NETWORK PLA:'i - 2030 ~<The map identifies the approximate locati¿11," type and scale of the pro~osed street nl~twork of the fut:lfe I transportation network. The intent of this map is to show the general vicinity of major roads and mter- , sections. These locations are not precisely site specific. The proposed street network supports the trans- portation concurrency strategy for the overall area, Not providing for this network will require a rcview =c'of the overall transportation network and concurrency strategy for the TVe area. I' II J ~ II L! il II l! h , t Tn yl,,! J) 'liry.ß<ie. " i "'0: >, ' ~ I, J Keen Rd. I' u: :::;..-....'--_...~ ......l:: " .......;.l ~ U".ì\¡¡; 1 · . ""'_M'_'¡{~__"_..,_ « · , · · · o 0, · · .'00', . .~~~: .. . '.. . -d ~ ~ · , tr ., ,I ,1 · .1 Emerson Ave, ¡:;:. en' . · ¡;;jt .-.,5 ~R9~".al<is.ß!!:. ~: , 'l3rdL JohIlston Rd. 00 ~ ::l ~ -3: oJ ?J: " Z; 58! Koblegard Rd, í Citrus Highwav 00 " ~ " cu > ¡; Z ~'. " ., ..~, ' . 0' . It' .. . o î ." ~:..:4 .._.....-.'..'......_,.,li_.....,~,'§.. .ft:: ¡ ~ :l rr; " I!""::) l\~ :1 II I !! St. Lucie County Comprehensive ptan 3-40 lve Element February 8, 200S Remedial Amendments for Case Nos. 06-2834GM and 06-2845GM February 19, 2008 Proposed Transportation Amendments to Capital Improvements Element [Proposed changes are indicated by striket]qroubh for deleted text and underline for added text.] [Policy 11.1.1.29] No changes to text of policy as adopted by Ordinance 07-037. Amend Table 11-13, North St. Lucie County Special Area Plan, Long-Term Transportation Improvements Program, as follows: Table1H3 North Sl Lucie County Special Area Plan Lonù·Term Trans ortatlon Caollallmnrovements Pronram* Roadway from To 1m ofovement Yea, Cost Phase Fundion Source Koblðgard Rd County Line Taylor Dairy Rd. Construct 2·lan6 road 2015 S7.240.000 Construction ImpJCl Fees I Dev. A~reement$1 S¡lflcial Di~lllctíS> Kíng's Highway lndrlo Rd. US-1 2 to 4 2015 523,000,000 Construction Il'T'pa:1 f:ees I Dev. Agreements. I S¡1e'Ô,:¡l Di~II¡t..l:'$} King's Highway Angltl Rd Inoria Rd 2 l04 2015 527,000.000 COl\stftlction ImpJ;;t Fec!. i Dt"Y. Aqrccments.1 Spftcl<t1 OIFilm;i(s) 1-95 North Flyover Koblegard Rd New ~C" Rd COllslruc12-lane f1yover 2015 $13.770.000 Conslruction Irnµacl ft::.>es J O.;:."V. Agreements I Spedal (II slli::t(!;) New E-W Russo Road Koblegard Rd. Seminole Rd. Cons'!rUl:::t 2-lBne msd 2015 52,000.000 Constrllclion Impact Fccs ¡ D.ev. Agre·;:ment:i ¡ S.fle'a:~f O:51m;t(~) New E-W Sebastian Rd Joh flstOll Rd, EIl"larson Ave Construct 2-lanø lCad 2015 $2,320,000 COlls-truelion Impact Ftitis i Dev_ AglEi.,jlllerlts I Spe~f OIWlct{S} Now E·WTobias Rd, Johnston r{d. Semmole Rd. COl"Istn.lct 2·ane road 2015 .2320,000 Constr\.lclion Impact FH€S (D-ev A{Hlemenh. ¡ Sp.ed::IIDistJict(s) Johnston Rd.l lmmok.olee County Line Kings Highway 2 to 4 2015 .IQ.070,OOO Construction Imp",..l holes! D.¡¡v Agl Rümp.1I1:\ j Rd SpeciJI Dts(rjct{s) New Russak-is Rd. IndUD Rd. Johnston Rd. Construct 2~I~me r¢M 2015 $370.000 Cons1ructlon hnrJfll,l F~t!f¡ I De" AUrl1flIllHI\tß ¡ S.þêCi;:,¡Qi.Wid(s\ New Seminole Rd. Indno Rd, New Sebastian Construct 2-h:.mc road 2015 $370.000 Conslruction Irnp¡H..1 r"'''''1!i I [)ö1V A-gn;IJ:òU1Hnt;: / Rd. SpeciaI0istrìcl(S) SR 614 IndilO Re!. 1-95 Citrus HjghWay Construct 4*lanc road 2015 S13,OOO,OOO Cons.tructlon ImpU1,l1 Fees! De\' Agreements I Special Dístrid{s} New TrAnsít Line (Ilujrio Emerson Ave. 1-95 Extend lee Bus Servicl3 2015 5900,000 Fully Impact Ft"e'l r t1<;l1l ""cr8'el'fll?-ntl:; I Rd.) Oper~tivl1al $;:.eclaIDi:wiC'l(;ì 25111 Sl. SW Johnston Rd Kobalgard Ave, Com.tru~t 4·land road 2020 S1,:230,QOO ConEtruction Impacl Fees jOey Agreement£. i Spec.:i810istlid(til New E4...~ Rt}8ò (IrmnoKoll¿te Johnston Rd Emerson Ave. Con:;.truct 2-lan& road 2020 5520,000 Construction IrrpaGl Fee~ I [lev_ AJreemenls ! RdJ Sp¡¡>ÜD~ Dilltlict\¡¡.} Emerson Ave. Indno Rd. Angle Rd. Construe! 2-lane road 2020 $1,800,000 Construction Impact F~-£; Oev Ar,¡re-ements I Special DiS[ficl(Sl Now E·W ~ A"'Road Kobleg.'d Rd. Taylor Daìry Rd Construct ,:2-tane ro.ad 2020 $3,<50,000 Construction Impacl FH$ ¡ Dev. Agre.ements ( Sl'ØCtElIQi!Wict(s) New N·S "C" Road Indrio Rd. Cúunty Lith~ Construct 2-IaOé (oad 2020 $12.000,000 CÙIls!fudiwl Impacl FCC-'3l DC'.'. Agre-cmcnl!. f $PAf'dð[ O¡sldCl(~) New N·S "C" Road Angle Rd. tndrio Coos1ruct 2..:10100 road 2030 520.375.000 Construclion Ilrlp<:ll,;t h~-e:i ¡ 01lv, A9,Ilt\imfin\~ I SpcCÍ<':lroí$trict{.~) New Ciu-us Highw~y Indrio Rd. Co..¡nty Line COl'l$lrùCI 4-lan~ rœd 2030 36.970.000 COl1s'ruction Imp:acl F(ie:li j D-ev, A¡:I oon¡\)IlI~ I Sp~cia¡ Dl.slriçt(si New Citrus HighWay Indrio Rd. Go-dwin Rd.. Construct .-Iane road 2030 $21.880.000 ConstJ't,ictton Imp~r:l h,¡e>i ! D+!v Ault1~llll'lflb; I Special Dís.trtcl(!.) New E·W "E" Road New "C" Rd. Citrus Highway Construct 2·lane Ilyoller -Tlrnl TBD Construction Irnplilcl Ft:l~:ò r Oo<iv. A\)lt:1tlllU'tnts.1 W2 Special Di~(ict:(~) New E.~W "0" l:toad New"C" Rd. Citrus tllgtlway Construe; 2·18f1e flyover -M5(l TOO Construction Impacl Fee& {Del,' AgrlOtemer,s i ill!!. S;l€'c¡a; DislÎc1(ii~ 1~95 South Flyovér KQblegard Rd New "C" Rd ConstnJC: 2·lane tlyover -M5(l TBD Cons.truc.tïon lmp;;¡cj FcC'~ 1 Dc\'. Aglccrnem:i i 2030 SrociaIDislliCl(S} 1-95/ Turnpìke Inlen::hallg8 FL Turnpike Construct interChange ~ TeD COl1strtlctio1l FOOT S. Special DistifCll Dev Iml1Îoi';ölttf:l RcJ 20:10 AgreBlnl!'nts- 9 02/15/08 FZABWARR t .0 001 001001 001164 001167 001180 001181 001183 001195 001404 001412 001420 001424 001428 001814 101 101002 101003 101004 101006 102 102001 102804 )""'806 1U7 107001 107002 107003 107006 107204 121 129 140 140133 140306 140335 150 160 183 183001 183004 183006 184210 184211 184212 185009 189201 316 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 09-FEB-2008 TO 15-FEB-2008 FUND SUMMARY TITLE General Fund Recreation Special Events USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 Community Services Block Grant 05 CDBG Sup Disaster Recovery CTD Medicaid Non-Emrg Grant FY 07 TDC Planning Grant 07 Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU SFWMD Harmony Heights Stm Phase I Florida wildflower Foundation Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Blakely Subdivision Fund Parks MSTU Fund Port & Airport Fund Construct Runway 9L/27R DOT-New N. Entrance Port Ft. Pierce Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP - SLC South Dune Restoration FDEP South SLC Beach Restoration Fort Pierce IMP Implementation FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery PIa County Capital EXPENSES 1,212,509.30 100.00 13,867.95 227.18 2.31 651.00 3,463.42 1,812.72 40,000.00 42,859.00 619.19 42.58 9,210.69 14.00 33,208.00 76,905.30 44,635.35 31,215.12 108,795.77 94,301.84 20,825.64 3,847.55 936.30 2,645.66 302,962.21 4,596.91 30,753.18 5,425.42 19,888.62 143.83 86.94 18,492.73 16,774.14 155,432.25 1,609.70 8,180.64 58.96 4,045.37 4,290.43 720.00 3,560.26 466.00 6,761.81 19,527.61 19,258.22 1,872.20 5,682.85 702,875.13 ¡ 5 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ' 0.00 0.00 0.00 0.00 02/15/08 FZABWARR FUND 316001 318 382 39007 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 09-FEB-2008 TO 15-FEB-2008 FUND SUMMARY TITLE Transportation Capital County Capital-Transportation Environmental Land Capital Fund Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 8,652.00 24,187.96 408.81 1,012.09 575,796.16 41,906.19 16,202.22 333.57 68,712.67 98,763.11 883.47 28,189.26 46,763.37 263,369.98 893.13 14,984.81 191,047.00 12,632.18 1,125.00 95,424.57 4,567,448.83 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,467.02 0.00 0.00 0.00 0.00 0.00 0.00 4,467.02 02/15/08 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST *20- 09-FEB-2008 TO 15-FEB-2008 FUND SUMMARY- MOSQUITO L D TITLE 145 Mosquito Fund GRAND TOTAL: EXPENSES 57,214.80 57,214.80 PAGE 1 PAYROLL 0.00 0.00 02/15/08 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 09-FEB-2008 TO 15-FEB-2008 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund GRAND TOTAL: EXPENSES 11,211.94 11,211.94 PAGE 1 PAYROLL 0.00 0.00 02/15/08 FZABWARR ST. LUCIE COUNTY - BOARD VOID LIST# 20- 09-FEB-2008 TO 15-FEB-2008 r TO: 001195- Community Services Block Grant CHECK INVOICE VENDOR 09781298 12809246 Fla Power & Light TOTAL 450.00 450.00 FUND TOTAL: PAGE 1 02/15/08 ST. LUCIE COUNTY - BOARD FZABWARR VOID LIST# 20- 09-FEB-2008 TO 15-FEB-2008 FUND: 160 - Plan Maintenance RAD Fund CHECK INVOICE VENDOR TOTAL 09780647 12807224 Fla Detroit Diesel-Allison 12807225 46.04 73.35 119.39 CHECK TOTAL: FUND TOTAL: 119.39 PAGE 2 02/15/08 FZABWARR t .0 001 001001 001164 001167 001180 001181 001183 001195 001404 001412 001420 001424 001428 001814 101 101002 101003 101004 101006 102 102001 102804 J"?806 1U7 107001 107002 107003 107006 107204 121 129 140 140133 140306 140335 150 160 183 183001 183004 183006 184210 184211 184212 185009 189201 316 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 09-FEB-2008 TO 15-FEB-2008 FUND SUMMARY TITLE General Fund Recreation Special Events USDOJ Violence Against Women Grant FTA Section 5303 Grant FY 05 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita Section 112/MPO/FHWA/Planning 2007 Community Services Block Grant 05 CDBG Sup Disaster Recovery CTD Medicaid Non-Emrg Grant FY 07 TDC Planning Grant 07 Dept of Financial Services My Safe FDCA Emrg. Mgmt Preparedness & Assi Floridian Aquifier Well Monitoring Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU SFWMD Harmony Heights Stm Phase I Florida Wildflower Foundation Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund-Court Related Technology FL Dept Juvenile Justice-DMC Civil Blakely Subdivision Fund Parks MSTU Fund Port & Airport Fund Construct Runway 9L/27R DOT-New N. Entrance Port Ft. Pierce Parallel Runway Design-9L/27R Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Aclministrator-Arbitration/Mediat Ct Aclmin.- Teen Court Guardian Ad Litem Fund FDEP - SLC South Dune Restoration FDEP South SLC Beach Restoration Fort Pierce IMP Implementation FHFA SHIP 2007/2008 FHFC Hurricane Housing Recovery PIa County Capital EXPENSES 1,212,509.30 100.00 13,867.95 227.18 2.31 651,00 3,463,42 1,812,72 40,000.00 42,859,00 619.19 42.58 9,210.69 14.00 33,208.00 76,905.30 44,635.35 31,215.12 108,795.77 94,301.84 20,825.64 3,847.55 936.30 2,645.66 302,962.21 4,596.91 30,753.18 5,425.42 19,888.62 143.83 86.94 18,492.73 16,774.14 155,432.25 1,609.70 8,180.64 58.96 4,045.37 4,290.43 720.00 3,560.26 466.00 6,761.81 19,527.61 19,258.22 1,872.20 5,682.85 702,875.13 PAGE 1 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ' 0.00 0.00 0.00 0.00 02/15/08 FZABWARR FUND 316001 318 382 39007 401 418 451 458 461 471 478 479 491 505 505001 611 615 625 665 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 09-FEB-2008 TO 15-FEB-2008 FUND SUMMARY TITLE Transportation Capital County Capital-Transportation Environmental Land Capital Fund Indian River Estates MSBU Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Impact Fees Fund Law Library SLC Art in Public Places Trust Fund Bank Fund GRAND TOTAL: EXPENSES 8,652.00 24,187.96 408.81 1,012.09 575,796.16 41,906.19 16,202.22 333.57 68,712.67 98,763.11 883.47 28,189.26 46,763.37 263,369.98 893.13 14,984.81 191,047.00 12,632.18 1,125.00 95,424.57 4,567,448.83 PAGE 2 PAYROLL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4,467.02 0.00 0.00 0.00 0.00 0.00 0.00 4,467.02 02/15/08 FZABWARR L 0 145 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 09-FEB-2008 TO 15-FEB-2008 FUND SUMMARY- MOSQUITO TITLE Mosquito Fund GRAND TOTAL: EXPENSES 57,214.80 57,214.80 PAGE 1 PAYROLL 0.00 0.00 02/15/08 FZABWARR FUND 184 ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 09-FEB-2008 TO 15-FEB-2008 FUND SUMMARY- EROSION TITLE Erosion Control Operating Fund GRAND TOTAL: EXPENSES 11,211.94 11,211.94 PAGE 1 PAYROLL 0.00 0.00 02/15/08 FZABWARR ST. LUCIE COUNTY - BOARD VOID LIST# 20- 09-FEB-2008 TO IS-FEB-2008 r 'D: 001195- Community Services Block Grant CHECK INVOICE VENDOR TOTAL 450.00 450.00 09781298 I2809246 Fla Power & Light FUND TOTAL: PAGE 1 02/15/08 ST. LUCIE COUNTY - BOARD FZABWARR VOID LIST# 20- 09-FEB-2008 TO 15-FEB-2008 FUND: 160 - Plan Maintenance RAD Fund CHECK INVOICE VENDOR TOTAL 09780647 12807224 Fla Detroit Diesel-Allison 12807225 46.04 73.35 119.39 CHECK TOTAL: FUND TOTAL: 119.39 PAGE 2 ( I AGENDA REQUEST ITEM NO. C-2.A Date: February 19,2008 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Hurricane Housing Recovery Program (HHRP) - Partial Release of Mortgage, Assignment of Rents and Security Agreement and Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd. BACKGROUND: See c.A. No. 08-0266 FUNDS A V AIL.(State type & No. of transaction or N/A): NIA RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Partial Release of Mortgage, Assignment of Rents and Security Agreement, and Subordination Agreement and the Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd., and authorize the Chairman to sign the documents. Approved 5-0 COMMISSION ACTION: r<J APPROVED [] DENIED [ ] OTHER: County Attorney: 9l.r ¡/q, Coordination/Sil!natures Mgl. & Budget: 2~) ¡C Other:· .~~ ~ Purchasing' Originating Dept.: Other: Finance (Check for Copy only. if applicable): t INTER-OFFICE MEMORANDUM ST, LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 08-0266 DATE: January 5,2008 SUBJECT: Hurricane Housing Recovery Program (HHRP) - Consider Approval of Partial Release of Mortgage, Assignment of Rents and Security Agreement and Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd. BACKGROUND: On December 18, 2007, the Board of County Commissioners approved a Mortgage, Assignment of Rents and Security Agreement for Madison Cay, Ltd. under the Hurricane Housing Recovery Plan (HHRP) an affordable rental project containing one hundred thirty-six (136) units to be known as Madison Cay. In conjunction with the development approvals for the project which is located within the City of Fort Pierce, the developer was required to dedicate a five foot right of way to the City. Accordingly, the developer has requested that the County release that portion of the property from the approve the Mortgage, Assignment of Rents and Security Agreement. Fort Pierce Utilities Authority will provide water and wastewater services to the project. As the mortgagee on the property, the County's consent is required for the Water and Wastewater Supply Agreement. Copies of the proposed Partial Release and Water and Wastewater Supply Agreement are attached to this memorandum. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Partial Release of the Mortgage, Assignment of Rents and Security Agreement and the Consent and Joinder to Water and Wastewater Supply Agreement for Madison Cay, Ltd., and authorize the Chairman to sign the documents. Respectfully submitted, ~-ðo~ Heather Young Assistant County Attorney HYI Attachment HYI Copies to: County Administrator Community Services Director Finance Director Management and Budget Director Housing Manager This Instrument Prepared By and After Recording Return (0: N, Dwayne Gray, Jr., Esquire GREENSPOON, MARDER, et. aJ. Capital Plaza I, Suite 500 201 East Pine S treel Orlando. FL 32801 PARTAL RELEASE OF MORTGAGE. ASSIGNMENT OF RENTS AND SECURITY AGREEMENT ST. LUCIE COUNTY, FLORIDA ("Lender"), having a mailing address at 2300 Virginia Avenue, Ft. Pierce, Florida 34982 , the owner and holder of that certain Mortgage, Assignment of Rents and Security Agreement dated December 26, 2007, said Mortgage being recorded on January 11, 2008, in Official Records Book 2926, page 1090, in the public records of Saint Lucie County, Florida (hereinafter collectively referred to as "Mortgage") executed and made by MADISON CAY. LTD., a Florida limited partnership (the "Borrower"), to and in favor of Lender, hereby releases from the lien of the Mortgage the real property described as follows: That certain Five-Foot Right-Of- Way Dedication dated by and between Madison Cay, Ltd. in favor of the City of Fort Pierce, Florid~ a municipal corporation, dated December 17,2007 and recorded December 31, 2007 in Official Records Book 2922, Page 626, in the Public Records of Saint Lucie County, Florida, being the Lands described in Exhibit "A" attached hereto and made a part hereof. without impairing the lien of the Mortgage on the remaining part of the property described in the Mortgage. IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed by its duly authorized representative as of the _ day of February, 2008. Signed, sealed and delivered In the presence of: ST. LUCIE COUNTY, FLORIDA Printed Name: By: Name: Its: Printed Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this _ day of February, 2008, by , as of ST. LUCIE COUNTY, FLORIDA. He/She is personally known to me [ ] or has produced as identification.. NOTARY PUBLIC: Sign Print State of at Large (Seal) My Commission Expires: TRACT 3S SKETCH OF DESCRIPTION NOT A FIELD BOUNDARY SURVEY TRACT 46 r , I I 'I- 30' I.d lù 0: ,I- ;,,;., (I) g g I~ >- ~ '" Ig ~ ..IZ~15 :0 . "i;:"" ~:-I_~ð 11'I 11'I -'~_ ~ ~'o: D:: 8 8 '~ 0 U> U> I~ Ln " . 100' 5.00' N SgoSO'32'E ~ ........, '1 PROPOSED RIGHT OF WAY LINE N 89"SJ'2S"E EXISTING RIGHT 01" WAY tiNE ........ TRACT 5 r SURVEYOR'S NOTES: I. ALL DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMAL PARTS THEREOF. 2. THE WEST RIGHT OF WAY LINE OF NORTH'~9TH STREET BEARS 500.05'16"W RELAT-JVE TO THE FLORIDA EAST ZONE STATE PlA'.NE COORDINATE SYSTEM AND All'OTHER BEARINGS ARE RELATIVE THERETO. "LEGAL DESCRIPTION ALL OF THAT PORTION OF TRACT 45. GARDEN CITY FARMS. SECTION 5, TOWNSHIP 35 SOUTH. RANGE 40 EAST. ACCORDING TO THE PLAT THEREOF. AS RECORDED t N PI.AT BOOK 2" PAGE 5, OF THE PUBl! C RECORDS, OF ST, lUC I E COUNTY. FLOR I DA. TliA T 1I ES' WITH I N 30.00 FEET OF THE CENTERLI ME OF NORTH 29TH STREET AS NOW LAID OUT AND IN USE. 'OATE OF SUAVEY: 9J27-07 THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SURVEYOR & MAPPER NAMED BELOW. -SURVEYOR AN0 MAPPER IN RESPONSIBLE CHARGE DAVID M. JONES. FLORIDA LICENSE NUMBER LS 3909 DAVID M. JONES PROFESSIONAL SURVEYOR <1 MAPPER CSIGNED AND SEALEO) , (772 567-9875 3899 39TH SQUARE VERO BEACH . FL 32960 EXHIBIT I "'A II 1ah of d9SC for rw release.aXO a ~, I I , j , I I 1 I ! i . 11 , i I ~ , Prepared by and Return to: Fort Pierce Utilities Authority Attn: R. N. Koblegard, III Courthouse Box 145 Revised 01/25/07 WATER AND WASTEWATER SUPPLY AGREEMENT THIS January AUTHORITY AGREEMENT is made and entered into this ';¡;, day of , 2008, by and between FORT PIERCE UTILITIES (hereinafter referred to as ~FPUA"), Madison Cay, Ltd. (hereinafter referred to as UCustomer"), and Stephen Cooper, F.E. & Associates, Inc. hereinafter referred to as "Project Engineer"). The Project name is Madison Cay hereinafter referred to as the "Project") . WITNESSETH: WHEREAS, FPUA is agreements relating to City of Fort Piece; and the governing body authorized to enter into the use of water and wastewater supply to the WHEREAS, the Customer owns property located in St. Lucie County, Florida, as more fully described in Exh1b1t A attached hereto and made a part hereof and hereinafter referred to as "Property", whereupon the Customer is contemplating the development of the Project; and WHEREAS, FPUA has determined that it is in the best interests of FPUA, its customers and the City of Fort Pierce to extend water and wastewater facilities to the Project: NOW, THEREFORE, for and in consideration of these premises, the mutual undertakings and agreements herein contained and assumed, the Customer, Engineer, and FPUA hereby covenant and agree as follows: 1. The foregoing statements are true and correct. 2. System The Customer, FPUA and the Project Engineer have determined that the following facilities (hereinafter "the System) are required to serve the entire Project: sanitary sewers and water system (see Exhibit "F") in accordance wi th the approved plans for the System prepared by Stephen Cooper, P.E. & Associates, Inc. and submitted and accepted by FPUA. The customer requires an allocation of 96.90 water Equivalent Residential Connections (hereinafter ERCs) at 300 gallons per day and an allocation of 96.53 wastewater ERCs at 240 gallons per day and shall contribute to the FPUA emergency generator fund for the proposed lift station(s). Effective January 19, 2007, Accrued Guaranteed Revenue Charges (AGRC), according to Resolution No. U.A. 2006-10, Pages 4, 5, and Exhibit D of Resolution, shall be due in full at the time such Capital Improvement Charges are also payable. Capital 96.90 96.53 Improvement and Emergency Generator Water ERCs at $1,841 per ERC = Wastewater ERCs at $2,815 per ERC = Lift Station Generator(s) at $5,000/ea Charges $ $ $ as follows: 178,392.90 271,731. 95 Aocrued 96.90 96.53 Guaranteed Revenue Charges as follows: Water ERCs at $105.24 per ERC = Wastewater ERCs at $160.92 per ERC = :rOTAL $ $ $ 10,197.76 15,533.61 475.856.22 Payment of these Capital Improvement Charges, Emergency Generator Fee, and Accrued Guaranteed Revenue Charges in the total amount of $ 475,856.22 shall be submitted with this signed Agreement (Check No. 1115, paid January ,200~l. In the event these allocations are found to be insufficient at any time, Customer will be liable for any and all fees, inCluding but not limited to Capital Improve~ent Charges required for the additional demand. 3. Service Contingency - N/A 4. Permits - Upon execution of this Agreement by FPUA, FPUA will sign FDEP general permits for the proj ect. FPUA will sign FDEP Permit certifications when all applicable terms and obligations of this Agreement have been met by the Customer. 5. Title - Upon execution of this Agreement, the Customer, at its expense, agrees to furnish FPUA with a copy of the recorded Warranty Deed for the purpose of establishing ownership of the Property. Any mortgagee or lien holder having an interest in the Property will be required to execute a Consent and Joinder of Mortgagee/Lienholder in a form approved by FPUA counsel, subordinating its mortgage or lien to the utility easements contemplated in the foregoing Agreement. The Customer must either submit a title policy or a letter from an attorney licensed to do business in Florida confirming that either there is no mortgage or lien on the property or that any mortgage or lien holder has properly executed a Consent and Joinder of Mortgagee/Lienholder. The title policy or letter must be issued wi thin thirty (30) days of the execution of this Agreement by FPUA. 6. Project Engineer The Customer shall retain a registered professional engineer ("Project Engineer") to perform all duties defined by this Agreement. The Project Engineer shall adhere to all FPUA Standards and Specifications provided to the public by FPUA in reference to construction of utilities and connection to FPUA's water and wastewater systems. 7. Easements - The Customer hereby grants and gives to FPUA the exclusive right and privilege to own, maintain, operate and expand the potable water and wastewater facilities in, under, upon, over and across the present and future streets, roads, 2 easements, reserved utility sites and public places as provided and dedicated to public use in the record plats, or as provided for in Agreement, dedications or grants made otherwise and independent of said record plats. Customer hereby further agrees that the foregoing grants include the necessary rights of ingress and egress to any part of the Property which FPUA reasonably requests for the maintenance, operation or expansion of the potable water and wastewater facilities; that in the event FPUA is required or desires to install any of its potable water and wastewater facilities in lands within the Property lying outside the streets and easement areas described above, then Customer or the successor owner(s) shall grant to FPUA, without cost or expense to FPUA, the necessary easement(s) for such installation, which easement(s) shall be recorded in the Public Records of St. Lucie County, Florida; provided, all such installations by Utility shall be made in such a manner as not to interfere with the then primary use of the Property. Customer or the successor owner(s) shall obtain written approval from FPUA prior to installing any structure or object, inClUding, but not limited to, fences, gates, signs, trees or poles, within an easement area. In consideration of FPUA's consent to an encroachment, Customer or the successor owner (s) shall agree to indemnify and hold FPUA harmless from and against all liabilities or damages which may be imposed upon or asserted against FPUA as a result of or in any way connected to an encroachment approved by FPUA. In the event FPUA determines that it is necessary to construct, maintain, repair, remove or replace any of its facilities located under, over or upon an easement, the Customer or successor owner (s) of the portion of the Property affected shall inunediately remove the encroachment from the easement upon the request of FPUA at Customer's or successor owner (s)' sole cost and expense. If Customer or successor owner(s) fail to remove the encroachment, FPUA shall have the right to remove the encroachment from the casement. Customer shall pay all costs incurred by FPUA related to removing the encroachment from the easement. 8. Construotion - The Customer and Project Engineer shall furnish a complete set of design documents, plans and specifications of the System for review and acceptance by FPUA. The accepted design documents will serve as a basis for construction of the System. The Customer will solicit bids and negotiate a contract for construction, subject to evaluation, review and approval by FPUA. FPUA will also have the right to review and approve the acquisi tion and installation of materials. If FPUA determines there are deficiencies in the contract documents, materials or installation of materials, the Customer and the Project Engineer agree to take appropriate action to correct the deficiencies. The review and evaluation of bids or contract documents by FPUA will not relieve the Customer or Project Engineer of any responsibilities and liabilities for defects in said contract documents, materials or installation of materials. 3 9. Sul;lmi ttals - Cus tomer and proj ect Engineer will furnish to FPUA accepted shop drawings, change orders, Project certifications, record drawings and reports of construction inspection by a FPUA- approved inspector. FPUA reserves the right to withhold connection or certification of any facility if any item is found to be in nonconformance with FPUA Standards and Specifications. 10. Record Drawings preparation of accurate record drawings, including all items set forth in FPUA Standards and Specifications, is the sole responsibility of the Project Engineer. Record drawings, signed and sealed by the proj ect Engineer, must be provided in accordance with FPUA Standards and Specifications. Should maj or discrepancies or deficiencies be discovered at any time during record drawing process (as defined in FPUA Standards and Specifications), FPUA may, at its discretion, withhold services and/or file a notice with the Florida Board of Professional Engineers. 11. Offsite Improvements - In addition to constructing the facilities required to serve the project described in Section 2 - "System" above, the Customer will be responsible to provide rehabilitation services to the Fort Pierce utilities Authority (FPUA) Lift Station #53 located at the intersection of North 27th Street and Avenue O. The customer's contractor is to provide all necessary services per FPUA specifications to accomplish: 1. Upgrade the ex:i.sting overhead drop to an underground service from transformer to station's control panel wi. th a new electrical disconnect and a~l applicable hardware. 2. Provide and install a new aluminum control panel outer house w~th all applicable hardware. 3. Provide and install a new aluminum junotion box from wet well to control panel with all applicable hardware. 4. Provide and install a Telemetry Control system manufacturered by Data Flow Systems. ~is system should include the control unit within the outer house, antennae support struct.ure, the antennae and all other items required to make the unit fully operational with the current lift station controls. 5. During the rehabilitation, the contractor will provide continuous disposal of existin9 flow on a 24 hour-basis with appropriate emergency notification and response. For budgetary purposes, FPUA estimates that these improvements should cost between fifteen to twenty thousand dollars. Customer agrees to construct these improvements in accordance with the approved plans and specifications at its sole expense up to acceptance of the improvements by the FPUA and prior to receiving flow from the development, including but not limited to, fees and costs associated with the construction, construction management, warranties, record drawings or any other fees and costs required to complete the offsite improvements. 4 12. Upsizinq by FE'UA - N/A 13. FPUA Inspections - During construction of the System, FPUA may from time to time inspect such installation to determine compliance with the plans and specifications, adequacy of the quality of the installation, and further shall be entitled to perform standard tests for pressure, infiltration, line and grade, and all other normal engineering tests to determine that the system has been installed in accordance wi th the approved plans and specifications. Complete as-built plana, including hard copy and electronic media when utilized, will be submitted to FPUA upon completion of construction. 14. Project Enqineer Inspections - In addition to FPUA inspections, the Project Engineer shall provide a qualified utility inspector to ensure that the approved design is adhered to and FPUA Standards and Specifications are met during construction. Inspectors must meet minimum qualifications as defined in FPUA Standards and Specifications. 15. Transfer of System to FPUA - Customer and Project Engineer will provide final cost and quantities to FPUA prior to FPUA's acceptance of the System. Upon acceptance of the System by FPUA, FPUA hereby agrees to accept ownership of the System for operation and maintenance purposes. Such conveyance is to take effect upon the acceptance by FPUA of the installation, without further action by FPUA or the Customer. As further evidence of the transfer of title, upon the completion of the installation and prior to the rendering of service by FPUA, the Customer shall convey to FPUA by Bill of Sale, in form approved by FPUA' 5 counsel, the complete on-site and off-5i te potable water distribution and wastewater collection system as constructed by Customer and approved by FPUA, along with documentation of Customer's costs of construction and Customer's No Lien Affidavit, in form approved by FPUA's counsel. Subsequent to the construction of the System and prior to receiving a meter(s) from FPUA, the Customer shall convey to FPUA all easements and/or rights-of-way covering areas in which potable water and wastewater lines are installed by a recordable document in a form supplied by FPUA. The Customer shall not have any present or future right, title, claim or interest in and to the potable water and wastewater facilities transferred to or owned by FPUA. Customer, through its counsel, will certify that Customer has the right to convey such easements or rights-of-way and further certifying FPUA's right to the continuous enjoyment of such easements or rights-of-way for those purposes as set forth in this Agreement. 16. Warrant:y - The Customer agrees to assign to FPUA a one-year warranty for the System, warranting that the System is free of defects including deficiencies in or failure to the design, materials or installation. The warranty will begin on the date 5 of final acceptance by FPUA. The warranty will provide, among other things, that the Customer will, upon notification by FPUA, correct any deficiencies as soon as poss ible or reimburse FPUA for any work performed by FPUA to correct the deficiencies. 17. OWnership of System - The Customer agrees with FPUA that all potable water and wastewater facilities conveyed to FPUA for use in connection with providing potable water and wastewater service to the Property shall at all times remain in the complete and exclusive ownership of FPUA, and any entity owning any part of the Property or any residence or building constructed or located thereon, shall not have any right, title, claim or interest in and to such facilities, or any part of them, for any purpose. In addition, FPUA shall have the exclusive right and privilege to provide potable water and wastewater services to the Property and to the occupants of each residence or building constructed thereon. 18. Meters - The Customer or its successors in title will be assessed the meter charges and deposits at the time the Customer is connected to the facilities. Customer agrees to notify purchaser of lots, if applicable, of the provisions of this paragraph. 19. Guaranteed Revenue Charges - Guaranteed Revenue Charges Annual Guaranteed Revenue Charges, as described in U.A. 2006-03, or current FPUA Resolution, will be assessed to all units not connected to water/wastewater services within one (1) year from the date of execution of this Agreement signed by FPUA. 20. Annexation Agreement or Evidence Thereof - N/A 21. Termination by Customer - In the event that the Customer wishes to terminate this Agreement by written request at any time, the Customer shall be entitled to a refund of an amount equivalent to one hundred percent of the Capital Improvement Charges that were paid at the time of execution of this Agreement, without interest, minus an amount equivalent to five years Guaranteed Revenue Charges. The Customer shall be entitled to credit for any Guaranteed Revenue Charges already paid at the date of terminat ion. I f construction of the proj ect has not conunenced within five years of the date of execution of this Agreement by the parties, the Agreement will be automatically terminated, the provisions of this Agreement shall be null and void and funds shall be disbursed based upon the formula stated previously in this section. 22. F!?UA Regulation Notwithstanding any provisions in this Agreement, FPUA may establish, revise, modify and enforce rules, regulations and fees covering the provision of potable water and wastewater service to the Property. Such rules, regulations and fees are subject to the approval of FPUA, and will be reasonable and subject to regulation as may be provided by law or contract. 6 23. Noticea - All notices provided for herein shall be in writing and transmitted by mail or by courier, to the parties as set 'forth below; FPUA: Timothy E. Perkins, P.E. Director of Water and Wastewater Systems P.O. Box 3191 Fort Pierce, FL 3494B-3191 Customer: Attn.: Gregory P. Law Madison Cay, Ltd. 615 Crescent Executive Ct., Suite 120 Lake Mary, FL 32776 Project Engineer: Stephen Cooper P.E. Stephen Cooper P.E. & Associates, Inc. 209 NE Saqamore Terrace Port Saint Lucie, FL 34983 24. Agreement This Agreement constitutes the entire Agreement between the Customer, FPUA and the Project Engineer. No additions, alterations or variation of the terms of this Agreement shall be valid, nor can either party waive provisions of this Agreement, unless such additions, alterations, variations or waiver are expressed in writing and duly signed by the parties hereto. This Agreement shall be governed by the laws of the State of Florida and shall become effective upon execution by the parties hereto. The venue for actions arising out of this Agreement is in st. Lucie County, Florida. 7 JOINDER AND CONSENT OF MORTGAGEE/LIEN HOLDER PNC BANK, NATIONAL ASSOCIATION, being the holder of that certain lien or mortgage dated the 7th day of December, 2007, recorded on December 31, 2007 in O.R. Book 2922, Page 628, Public Records of St. Lucie County, Florida, hereby consents and subordinates its lien or mortgage to the utility easement contemplated in the foregoing Water & Wastewater Supply Agreement. PNC BANK, NATIONAL ASSOCIATION Signature of Witness By: Title: Print Name: Signature of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of BY who is the of PNC BANK, NATIONAL ASSOCIATION, Lien or Mortgage Holder, on behalf of said company. He/She is personally know to me or has produced a as identification. Signature of Notary Printed Name of Notary 8 JOINDER AND CONSENT OF MORTGAGEE/LIEN HOLDER ST. LUCIE COUNTY, FLORIDA, being the holder of that certain lien or mortgage dated the 26th day of December, 2007, recorded on January 11, 2008 in O.R. Book 2926, Page 1090, Public Records of St. Lucie County, Florida, hereby consents and subordinates its lien or mortgage to the utility easement contemplated in the foregoing Water & Wastewater Supply Agreement. ST. LUCIE COUNTY, FLORIDA Signature of Witness By: Title: Print Name: Signature of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of BY who is the of ST. LUCIE COUNTY, FLORIDA, Lien or Mortgage Holder, on behalf of said County. He/She is personally know to me or has produced a as identification. Signature of Notary Printed Name of Notary Sa [SIGNATURE PAGE - UNDER $25,000.00] IN WITNESS WHEREOF, the Customer, Project Engineer and FPUA have executed or have caused this Agreement to be duly executed in several counterparts, each of which counterpart shall be considered an original executed copy of this agreement. Signature of Witness p!g:f1tame~1~tness G~o~ P. j...... J Print Na e of Witness ~ .:n.s~ :TA,ootb".s £. . C If9Il oJr:i"".s ~ Printed Name of Witness (FPUAj STATE OF FLORIDAL COUNTY OF~. ùC.: e... The foregoing instrument was day of0-Aî\11t4r'1--' 'd-eJa'?: , by ~ PIE~CE UTILITIES AUTHORITY BY~~#~ William G. Thless, Director Todd L" Borck, Manager P~~t~., ~ f project Engineer it prln;:?~~p~d~~E, 'i,'óSj acknowledged before me this !c/II~~ g It¡ /es.:s v?ß~L- o on behalf Authority, who is personally known to me. of Fort Pierce Utilities ,,~,\\\\Il1l1l1llll/,1~ ~;..\A. B. H.A ~ ~~T'\"l,' . ,..,p''''Z ~~S"";~\ilS10N~'" ~ :;:¡¡ '0 1 . d!í~ :§ .-¿.(J ~fð I <00 ~ .'1" :;s. 3: .~"')~ (9.:::. - .*- =*. ........ . == - . ~ - ~<It..,\ 0D325077 R:~~ :::::;:~. ~ ~0I4"...Af. ~§ %1"-?' ...~~. ~~ ~;Þ~þ~ . '~'~J<~ ~/l1 "<ie, st,"'" \~, '11/111I/1' 11\1\"'\ }!3, 5ig of Notary ¡.(etlÆÆ ;t5. fl.ft.~ y Printed Name of No ary 9 (CUstOJØer) S~ATE OF FLORIDA COUN~Y .OF SEMINOLE The foregoing instrument was acknowledged before me this" ~ day of January 2008 , by Todd L. Borck , who is the Manager of ARD Me, LLC, the General Partner of Madison Cay, Ltd. . I the Customer, on behalf of said company. He(she) is personally known to me. .;e"~ KATIiRYN A BRBSLOW 1 W~ MY COMM1SSl0H (I DDl8484I ~G'l\~ IlXPIRES, 0cI.23,2IIO!Þ ("'7)3W<l'A FbIdoNolol¡oS_oo", (Project Engineer) S~A~E OF ~IDA COUNTY OF ';f. Ldr . e.. ....,~ The foregoing instrument was acknowledged before me this \ { P day of JF"lnu~r1 ddd'l, by sr~1\ ~. {](jo~r, .f:: , who is the plÍ@':::;Iak;>~ of STG'f>lrel\l "5: ~r, -P.C, l:::f ~ÇcC/Ai~'::TVt(7 Project Engineer, on behalf of said company. He(she) is personally known to me. 0' , JOYCE A KING i>l ¡. . Commission 00 7:!O670 . Explllls October 1. 2011 . _1Iw"'FoIn_~llIlt '~ ~-t'wé Sil;Jn urttt Notary S .::L~D.o A.~:~ Print d Name of Notary 10 List of Exhibits: Attached NA ~ D A Property Legal Description D ~ B Offsite Utilities & Location Map D ~ C Offsite Cost Estimate 0 ~ D Example Bond (Security) 0 ~ E Annexation Agreement ~ D F Wastewater & Water System Quantities L:\rorms\supply_agreement\Generic Ol-24-07.doc 11 EXHIBIT "A" PARCEL 1: TRACTS 45 AND 52, LESS THE WEST 50 FEET, GARDEN CITY FARMS, SECTION 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 5, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. PARCEL 2: TRACT 46, LESS THE EAST 30 FEET, GARDEN CITY FARMS, SECTION 5, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 5, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. EXHIBIT "F" Wastewater & Water System Quantities Madison Cay 1655 N. 29th Street Fort Pierce, FL 34947 Quantity Unit WASTEWATER a" PVC SDR26 Sanitary Core & Connect to Existing Manhole Open Road Cut Sanitary Manhole Transition Manhole @ Buildings 6" PVC SDR26 Service Pipe Sanitary CJeanouts 2,154 LF 1 EA 1 LS 7 EA a EA 620 LF 6 EA WATER SYSTEM Tap Into EXisting 10" Water Main 1 EA Tap Into Existing 6" Water Main 1 EA 8" HOPE Directional Bore 3a LF a" PVC C900 Water Main 3145 LF 6" PVC C90a Water Main 353 LF 4" PVC C90a 144 LF 2" PVC Water Une 46 LF 10"xB" TS & GV 1 EA 6"x6" TS & GV 1 EA a"xB"x6" Tee 7 EA B" 90· Bend 4 EA B"xB"xB" Tee 3 EA B"xB"x4" Tee 5 EA 8" 45· Bend 6 EA 8" 22.5· Bend 4 EA a" 11.25° Bend 2 EA B"x6" Reducer 1 EA a"x4" Reducer 1 EA a" Gate Valve 4 EA 6" Gate Valve B EA 4" Gate Valve 6 EA FIre Hydrant Assembly 7 EA 1" Water MeterlRPZ Assembly 2 EA 5/a"x3/4" Water Meter/RPZ Assembly 132 EA 4" DOC For Unmetered Fìre Protection 5 EA Sample Points 4 EA 1 of 1 ..... . AGENDA REOUEST ITEM NO. C.2.R Date: February 19, 2008 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Bear Point Mitigation Bank - CGW Mitigation Bank - Credit Purchase Agreement with COW Mitigation Bank BACKGROUND: See C.A. No. 08-0235 FUNDS A V AIL.(State type & No. of transaction or NI A): NI A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed Credit Purchase Agreement with CGW Mitigation Bank, and authorize the Chairman to sign the agreement. P<¡ APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Dougl s . Anderson County Administrator County Attorney: ;)t' tUft' Coordination/Sil!natures Mgt. & Budget: Purchasing: ¡(Originating Dept.: _.. Other: Other: Finance (Check for Copy only, if applicable): -.. ~ INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: #f Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 08-0235 DATE: February 7, 2008 SUBJECT: Bear Point Mitigation Bank - Credit Purchase Agreement with CGW Mitigation Bank BACKGROUND: On December 12, 2006, the County entered into a Bear Point Mitigation Bank Credit Reservation Agreement with CGW Mitigation Bank which provided for CGW to reserve a total of 6 State Mitigation Credits and 6 Federal Mitigation Credits. CGW intends to use the credits for permits for proposed development within the overlapping Service Areas of the two mitigation banks. The credit reservation was based upon the release of 6.3 Federal Credits after January 1,2007, and 5.7 Federal/State Credits after January 1,2008. As set forth in the Credit Purchase Agreement attached to this memorandum, CGW desires to proceed with the purchase of the 2007 credits. CGW has previously paid a reservation fee in the amount of $77,175.00 and has paid the balance of the purchase price for the 2007 credits in the amount of $231,525.00. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed Credit Purchase Agreement with CGW Mitigation Bank, and authorize the Chairman to sign the agreement. Respectfully submitted, ~~ Heather Young Assistant County Attorney HY/ Attachment HY/ Copies to: County Administrator Mosquito Control Director Finance Director Management and Budget Director "".. 'MITIGl\TION'B:A'NK 'CREDIT 'PUR CHASE AGREEMENT THIS AG REEMENT made and entered into this day of , , by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County"), whose address is 2300 Virginia Avenue, Fort Pierce, Florida, 34982 and, CGW MITIGATION BANK, ("CGW Bank"), whose address is 267 John Knox Road, Suite 100, Tallahassee, Florida 32303. WITNESSETH WHEREAS, the County owns and operates the Bear Point Mitigation Bank, ("Bank"); and, WHEREAS, CGW Bank is operator of a Mitigation Bank lying in the Bank's Mitigation Service Area; and, WHEREAS, CGW Bank intends to sell credits to developers of property within the Bear Point Mitigation Bank Service Area in a manner consistent with all local, state and federal regulations; and, WHEREAS, on December 12, 2006, the parties entered into a Mitigation Bank Credit Reservation Agreement ("Reservation Agreement") which provided for the CGW Bank to reserve a total of 6 State Mitigation Credits and 6 Federal Mitigation Credits from the County in order to seek the credits necessary for permits for proposed development within the overlapping Service Areas based upon the release of 6.3 Federal Credits after January 1, 2007, and 5.7 Federal/State Credits after January 1, 2008; and, WHEREAS, CGW Bank desires to proceed with the purchase of the 2007 Credits as set forth in the Reservation Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The County agrees to sell and CGW Bank agrees to purchase 6.3 Federal/State Credits in the total amount of three hundred eight thousand seven hundred and 00/100 dollars ($308,700.00) in order to seek the credits necessary for permits for proposed development within the overlapping Service Areas. 2. The parties acknowledge and agree that CGW Bank has previously paid a reservation fee in the amount of seventy-seven thousand one hundred seventy-five and 00/100 dollars ($77,175.00) to reserve the year 2007 credits. The parties further acknowledge and agree that CGW Bank has paid the remaining balance of the -1- -..:;<t purchase price in the amount of two hundred thirty-one thousand five hundred twenty- five and 00/100 dollars ($231,525.00) in full for the 6.3 credits for the year 2007 release and the County has issued a written receipt to CGW Bank acknowledging such payment. 3. It shall be the responsibility of CGW Bank to provide the agencies with a copy of the receipt or other acceptable proof indicating purchase of the Credits. The Developer shall provide the County with copies of the permits, in order for the County to request credit release(s) from the Federal andlor State Agency, once the permits have been issued. Upon receipt of the permit copies, the County will provide the Developer with proof of credit releases in the form of Credit Ledger statements documenting the credit deduction(s) approved by the respective Agency. 4. Any disputes relating to interpretation of the terms of this Agreement or a question offact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Developer and the County. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 5. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 6. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. -2- ~. IN WITNESS \VHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: CGW MITIGATION BANK ~hÆ/'~>/t?~ SECRETARY BY: ~ '..v~q II.¿( ,/ ~41 PRESIDENT (SEAL) g: \11 tty\agreernnt \bearpt.cgw .purchase. wpd -3- · -t AGENDA REQUEST ITEM NO. C- 2 - C DATE: February 19, 2008 REGULAR [] PUBLIC HEARING [] CONSENT [X] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): Countv Attornev Mark Godwin SUBJECT: Requesting approval for the purchase of one computer for the new S1. Lucie County Pretrial Release Program. The current computer is one that was borrowed from the I.T. Department and cannot be upgraded due to its age. The new computer would be used in the office to register, monitor and track criminal defendants on global position satellite (hereinafter GPS). This computer would also be used for accessing data base information on defendants via the World Wide Web. Furthermore, this approval will authorize Budget Amendment (BAOB-013) allowing the purchasing of the computer. BACKGROUND: On November 1, 2005, the County contracted with an entity to implement and provide global position satellite electronic monitoring (hereinafter "GPS") for pretrial release. In May 2007 the S1. Lucie County Pretrial Release Program was authorized by the Board to oversee the responsibilities of supervising/monitoring pretrial defendants. Furthermore, this approval will authorize Budget Amendment (BAOB-013) allowing the purchasing ofthe computers. FUNDS AVAIL: The funds for this purchase are designated in "machinery and equipment" account: 107- 2360-564000-200 PREVIOUS ACTION: None for FY07/0B RECOMMENDATION: Staff recommends the Board accept and approve Budget Amendment BAOB-013 and Equipment Request EQOB-301 to purchase a desktop computer for the S1. Lucie County Pretrial Release Program. 1<] APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: County Administrator Approved 5-0 Coord i n ation/Si Q natu res County Allorney:_X ~~~ Management & Budget_X Originating oepartmen0!trtf1ti{lt."': Other: Finance: Check for copy only, if applicableX Purchasing: Other: If' . ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS EQUIPMENT REQUEST FOR FISCAL YEAR 2007-2008 RECOMMENDED: YES NO REVISED JUSTIFICATION: This new computer was recommended by the I.T. Technicians to replace an obsolete computer that was given to the Pretrial Release Program, The Pretrial Release Program uses very sophisticated tracking program that sends live images of defendants from a satellite directly to the Pretrial Program, To increase the memory of the old computer would be cost prohibitive, thereby, buying a new computer would be more cost effective, This technology will assist in saving jail and juvenile bed days resulting in a cost savings. The funds for this computer have been budgeted in other contractual services and a Budget Amendment 08-013, would authorize funds to be reallocated to purchase this equipment. EQUIPMENT REQ#: EQ08-301 AcCOUNT#: 107-2360-564000-200 ¡. .. INFORM.ATION TECHNOLOGY Attached is the quote you requested. Due to the equipment freeze, it will need to be sent to County Administration for approval. We have included a description form to explain to County Administration the reason for this request. This form is also available on the intranet at the following address: http://10.5.0.69/it/purpose.htm There are two (2) copies of the quote that must be signed. Keep one copy for your records and return the other copy to Customer Service. Make sure to include the status of the quote, approved or denied, so that we can update our records. If using a purchase order, it must also be approved by County Administration and sent with the quote to Customer Service to be processed. Thank you, IT Customer Service C usto merCâ!stlu cieco.2ov Office: 772-462-2146 Fax: 772-462-2174 Step by Step: 1. Take Quote to County Admin to get approved. 2. If denied send one signed copy ofthe quote back to Customer SelVice 3. If approved and using a credit card send signed copy of the quote and CC infol111ation for purchase to Customer SelVice or call 2146 with CC info. 4. If approved and using a PO take the PO to County Admin for approval. Then send signed copy of the quote with the signed PO to Customer SelVice. 5. Once all signed copies are received in Customer SelVice your purchase will be processed. .. EQUIPMENT PURPOSE Scope: Define the purpose of the equipment and its impact to the service organization. Department: County Attorney / CJC Date: February S, 200S Submitted by: Mark Godwin Equipment to be purchased: Desk-Top Computer Location: Pretrial Release Program - Courthouse Purpose: This new computer was recommended by the I.T. Technicians to replace an obsolete computer that was given to the Pretrial Program. The Pretrial Release Program uses a very sophisticated tracking program that sends live images of defendants from a satellite directly to the Pretrial Program To increase the memory of the old computer would be cost prohibitive, thereby, buying a new computer would be more cost effective. This technology will assist in saving jail and juvenile bed days resulting in a cost savings. The funds for this computer have been budgeted in other contractual Services and a Budget Amendment OS-013, would authorize funds to be reallocated to purchase this equipment. , Print Form " '_9:- J.U?ù t~~ ~ Information Technology _"-<>~~_ Phone: (772) 462-1681 Fax (772) 462-1443 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote Date Quote I Work Order # 01/18/2008 100349 NAME / DEPARTMENT VENDOR INFORMATION Victor Costa / Mark Godwin County Attorney - Pre Trial 772-462-6769 Dell Computer Corporation Shannon Mueller One Dellway RR2E, Box 4 Round Rock, TX 78682 Phone: 800-981-3355 Fax:800-433-9527 Product Description Part No. Quantity Price Extended Dell OptiPlex 755 (Standard PC) 1 1,579.00 1,579.00 OlES: .. Includes Office 2007 and Adobe 8,0 .. Sub Total $1,579.00 Shipping Price $0.00 Price Adjustment $0.00 The goods and/or services as quoted hereon have been requested in the quanity Total $l,S79.00 and quality stated. Quotes are valid for 30 days unless othewise stated. QUOTE VALID UNTIL 02/18/2008 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE P~RCHASING PROCESS Administrative use only Appoved: D Denied: D Authorized Signature Date Please siç¡n both copies · ;,..-,;, / ~ I -,,' ',J'" ~ ' XAUC4ò {/OUnf:r'""'", Information Technology~~_:~. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY 2300 VIRGINIA AVENUE FORT PIERCE, FL. 34982 IT Quote ;:) hone: (772) 462-1681 Date Quote / Work Order # Fax (772) 462-1443 01/18/2008 100349 Manag 'Tl\Ïtials i [jjJ/ \ / /' "- NAME/DEPARTMENT VENDOR INFORMATION Victor Costa / Mark Godwin Dell Computer Corporation County Attorney - Pre Trial Shannon Mueller 772-462-6769 One Dellway RR2E, Box 4 Round Rock, TX 78682 Phone: 800-981-3355 "- Fax: 800-433-9527 -I Product Description Part No. Ouantitv Price Extended Dell OptiPlex 755 (Standard PC) 1 1,579.00 1,579.00 OTES: ** Includes Office 2007 and Adobe 8,0 ** Sub Total $1,579.00 Shipping Price $0.00 Price Adjustment $0.00 The goods and/or services as quoted hereon have been requested in the quanity Total $l,S79.00 and quality stated. Quotes are valid for 30 days unless othewise stated. QUOTE VALID UNTIL 02/18/2008 IF THIS QUOTE IS VALID THEN PLEASE PROCEED WITH THE PURCHASING PROCESS Administrative use only Appoved: 0 Denied: 0 Authorized Signature Date Please sian both copies AGENDA REQUEST ITEM NO. 2D DA TE: February 19, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Florida Communities Trust Heathcote Botanical Park / FCT Project 04-045-FF4 Declaration of Restrictive Covenants BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: April 27, 2004 - Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust for the Heathcote Botanical Park project. December 21, 2004 - Board of County Commissioners authorized the Chairman to sign and transmit the Grant Contract to Florida Communities Trust. March 20, 2007 - Board of County Commissioners approved an Interlocal Agreement between the City of Fort Pierce, St. Lucie County, and Heathcote Botanical Gardens and the Option Agreement for Sale and Purchase with the City of Fort Pierce, RECOMMENDATION: Staff recommends that the Board approve the Declaration of Restrictive Covenants, authorize the Chairman to execute the Covenants and direct staff to record the Covenants in the Public Records of St. Lucie County, Florida. ~, APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 5-0 Do las erson County Administrator [XX] County Attorney: ¡I -h /j./ ~./<..\ Review and ADDrovals ] Environmental Resources: 1 County Engineer: [XX] Originating Dept,: ._)f'A~ ] Road & Bridge: lOMB: G:\ACQ\ WP\JoAnn\Environmental\Heathcote Botanical Park\Declaration of Restrictive Convenants Agendo Requestwpd INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: February 19, 2008 SUBJECT: Florida Communities Trust Heathcote Botanical Park / FCT Project 04-045-FF4 Declaration of Restrictive Covenants BACKGROUND: On April 27,2004, the Board of County Commissioners authorized staff to submit a Grant Application to Florida Communities Trust for the Heathcote Botanical Park project. On December 21, 2004, the Board of County Commissioners authorized the Chairman to sign and transmit the Grant Contract to Florida Communities Trust. The Grant Contract provides 75'1" of the project costs or $4,193,585.00; whichever is less, for the purchase of the Heathcote Bot-anical Park project. The City of Fort Pierce will donate the value of land for the remaining 25'10 of the cost to acquire the lands. On March 20, 2007, the Board of County Commissioners approved an Interlocal Agreement between the City of Fort Pierce, St. Lucie County, and Heathcote Botanical Gardens and the Option Agreement for Sale and Purchase with the City of Fort Pierce. RECOMMENDATION: Staff recommends that the Board approve the Declaration of Restrictive Covenants, authorize the Chairman to execute the Covenants and direct staff to record the Covenants in the Public Records of St. Lucie County, Florida. Respectfully submitted, n ~.. <) 1 <' I ;C..~~ K~L(.l Jo'Ann Riley I Property Acquisition Manager G:\ACQ\WP\JoAnn\Environmental\Heathcote Botanical Park\Declaration of Restrictive Convenants Agenda Memo.wpd at t r iii J 6.3:L 6,21 5.74 5.14 $S6S.l)(JO 11.25 11.25 tJ.2I>.ooo $1,350,000 ""... 01)7 $120,000 $8,400 4.30_ $1S-,0QI) sa1tl,OOO of upland perui1ìt ({3 urlÍtll, U2Sacres ciwclÌðnd (2-units}. T'Ji'aI:45 w.;Is 1.57 N W F February 20, 2007 This document prepared by: Kristen 1. Coons, Esq. Florida Commwúties Trust Department ofConunwúly Affairs 2555 Shwnard Oak Blvd, Tallahassee, FL 32399 FLORIDA COMMUNITIES TRUST FF4 A WARD #04-045-FF4 FCT Contract #05-CT-26-04-F4-Al-045 HEATHCOTE BOTANTICAL PARK CITY PARCELS DECLARATION OF RESTRICTIVE COVENANTS THIS AGREEMENT is entered into by and between the FLORIDA COMMUNITIES TRUST ("FCT"), a nomegulatory agency within the State of Florida Department of Community Affairs, and ST. LUCIE COUNTY, a local government of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose teoos and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds, as described in Exhibit "A" attached hereto and made a part hereof("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sect ions 259. I 05,259. I 051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part Ill, Fla. Stat., the Florida Communities Trust Act, creates a non-regulatory agency within the Department of Community Affairs ("Department") that will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements oftheir comprehensive plans or in conserving natural resources and resolving land use conflicts by providing financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; WHEREAS, FCT is funded through either Section 259.105(3)(c), Fla. Stat. of the Florida Forever Act, which provides for the distribution of twenty-two percent (22%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit environmental organizations for the acquisition of community-based projects, urban open spaces, parks and greenways to implement local comprehensive plans; WHEREAS, the Florida Forever Revenue Bonds are issued as tax-exempt bonds, meaning the interest on the Bonds is excluded from the gross income of bondholders for federal income tax DRC\04-045-FF4 2/4/2008 1 purposes; V/HEREAS, Rule 9K-7.009(1), Florida Administrative Code ("F.A.C."), authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; WHEREAS, FCT has approved the terms under which the Project Site was acquired and the deed whereby the Recipient acquired title to the Project Site. The deed shall contain such covenants and restrictions as are sufficient to ensure that the use ofthe Project Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XlI of the State Constitution and it shall contain clauses providing for the conveyance oftitle to the Project Site to the Board of Trustees of the Internal hnprovement Trust Fund ("Trustees") upon the failure of the Recipient to use the Project Site acquired thereby for such purposes; and WHEREAS, the purpose ofthis Agreement is to set forth the covenants and restrictions that are imposed on the Project Site subsequent to disbursing FCT Florida Forever funds to the Recipient for Project Costs. NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and the Recipient do hereby contract and agree as follows: I. PERIOD OF AGREEMENT 1. This Agreement shall begin upon execution by both parties. The covenants and restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall inure to, FCT and the Recipient and their respective successors and assigns. II. MODIFICATION OF AGREEMENT 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Agreement to be recorded and filed in the official public records ofSt. Lucie County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith. DRC\04-045-FF4 2/4/2008 2 2. The Recipient and FCT agree that the State of Florida Department of Environmental Protection shall forward this Agreement to the Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Agreement so that the tax-exempt status ofthe Florida Forever Bonds is not jeopardized, FCT and the Recipient shall amend the Agreement accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Agreement shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shall be deemed received on the date of delivery ifby personal delivery or upon actual receipt if sent by registered mail. FCT: Florida Communities Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 ATTN: Program Manager Recipient: ATTN: 2. In the event that a different representative or address is designated for paragraph I. above after execution of this Agreement, notice ofthe change shall be rendered to FCT as provided in paragraph I. above. V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER 375 AND CHAPTER 380, PART III, FLA. ST AT. I. Any transfer ofthe Project Site shall be subject to the approval ofFCT and FCT shall enter into a new agreement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. 2. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 3, If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division ofForestry, the Florida Fish DRC\04-045-FF4 2/4/2008 3 and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District who agrees to accept title and manage the Project Site. 4. In the event that the Project Site is damaged or destroyed or title to the Project Site, or any part thereof, is taken by any governmental body through the exercise or the threat of the exercise of the power of eminent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Agreement. FCT shall make any such insurance proceeds or condemnation award moneys available to provide funds for such restoration work. In the event that the Recipient fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall have the right, in addition to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the occurrence of a default hereunder. Notwithstanding any ofthe foregoing, FCT shall have the right to seek specific performance of any of the covenants and restrictions of this Agreement concerning the construction and operation ofthe Project Site. VI. MANAGEMENT OF PROJECT SITE 1. The Project Site shall be managed only for the conservation, protection and enhancement ofnatural and historical resources and for compatible passive, natural resource-based public outdoor recreation, along with other related uses necessary for the accomplishment of this purpose. The proposed uses for the Project Site are specifically designated in the Management Plan approved by FCT. 2. The Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation or outdoor recreation uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 3. The Recipient shall ensure, and provide evidence thereof to FCI, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plan for the jurisdiction, as applicable. Evidence shall be provided to FCT that all required licenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by FCT. 5. FCI staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. DRC\04-045-FF4 2/4/2008 4 6. All buildings, structures, improvements and signs shall require the prior written approval ofFCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval ofFCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. FCY's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. If archaeological and historic sites are located on the Project Site, the Recipient shall comply with Chapter 267, Fla. Stat. The collection of artifacts from the Project Site or the disturbance of archaeological and historic sites on the Project Site shall be prohibited unless prior written authorization has been obtained from the Department of State, Division of Historical Resources. 8. ÅS required by Rule 9K-7.013, F.A.C., each year after FCT reimbursement of Project Costs the Recipient shall prepare and submit to FCT an annual stewardship report that docwnents the progress made on implementing the Management Plan. VII. SPECIAL MANAGEMENT CONDITIONS The Management Plan for the project site is mentioned throughout this Agreement, and is particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.: I. Two or more resource-based outdoor recreational facilities including a wildlife observation platform and nature trails shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for observation and appreciation of the natural resources on the project site without causing harm to those resources. 2. Two or more user-oriented outdoor recreational facilities including a fitness trail and playground shall be provided. The facilities shall be located and designed to have minimal impacts on natural resources on the project site. 3. A permanent recognition sign, a minimum size of 4' x 6', shall be maintained in the e~trance area of the project site. The sign shall acknowledge that the project site was purchased with funds from the Florida Communities Trust Program and St. Lucie County. 4. At least 12 regularly scheduled and ongoing educational classes or programs that promote the protection of natural resources shall be provided at the project site. DRC\04-045-FF4 2/4/2008 5 5. Interpretive signage shall be provided to educate visitors about the natural resources of the Project Site. 6. A staffed nature center shall be developed on the project site to provide year round education programming concerning the natural environment of the area. 7. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 8. The natural communities that occur on the project site shall be preserved and appropriately managed to ensure the long-term viability of these communities. 9. The project site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the project site, including scrub jays. Periodic surveys shall be conducted oflisted species using the project site. 10. A prescribed bum plan shall be implemented for the scrub community. A vegetation analysis of the remainder ofthe project site shall be performed to determine which areas of the project site need a prescribed burning regime implemented to maintain natural fire- dependent vegetative communities. The development of a prescribed bum plan shall be coordinated with the Division of Forestry and the Florida Fish and Wildlife Conservation Commission. 11. A program to enhance the water quality and ecological function of the wetland area shall be protected and enhanced through the implementation of appropriate watershed and lake management techniques. 12. Any proposed stormwater facility for the project site shall be designed to provide recreation open space or wildlife habitat. 13. A comprehensive landscaping plan will be developed for the project site. The landscaping plan will make significant use of native plants. 14. Approximately 22 acres of degraded uplands shall restored in terms of biological composition and ecological function. 15. Approximately 10 acres of disturbed wetlands shall be restored to a natural condition in terms of biological composition and ecological function. The invasive exotic vegetation will be removed and the area replanted with native vegetation. 16. An ongoing monitoring and control program for invasive vegetation including DRC\04-045-FF4 2/4/2008 6 exotic (non-native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 17, A feral animal removal program shall be developed and implemented for the proj ect site. 18. Prior to the commencement of any proposed development activities, measures will be taken to determine the presence of any archaeological sites. All planned activities involving known archaeological sites or potential site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. 19. The location and design of the parking facility shall be designed to have minimal impacts on natural resources. The parking area shall incorporate pervious material wherever feasible. 20. Pedestrian and bicycle access to the project site shall be promoted through the provision of pedestrian oriented walkways and bicycle facilities that link the project site with adjacent residential neighborhoods. 21, The development and management of the project site shall be coordinated with the agencies managing the multi-jurisdictional recreational trails in St. Lucie County, to ensure the project site is managed as part of a linked trail system. 22. The development and management of the project site shall be coordinated with the agencies managing conservation lands in the Savannas Greenway, to ensure the project site is protected and managed as part of a linked conservation lands and recreation opportunities. 23. Proposed site improvements shall be designed and located to minimize or eliminate the long-term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. DRC\04-045-FF4 2/4/2008 7 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities," may bc disallowed on the Project Site as they may have negative legal and tax consequences under Florida law and federal income tax law. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non-governmental person or organization; b. the operation of any concession on the Project Site by a non-governmental person or organization; c. any sales contract or option to buy or sell things attached to the Project Site to be severed from the Project Site with a non-governmental person or organization; d. any use of the Project Site by a non-governmental person other than in such person's capacity as a member of the general public; e. any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; f. a management contract for the Project Site with a non-governmental person or organization; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph m.l. above, at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide FCT such information as FCT reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT determines at any time that the Recipient is engaging, or allowing others to engage, in disallowable activities on the Project Site, the Recipient shall immediately cease or cause the cessation of the disallowable activities upon receipt of written notice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to DRC\04-045-FF4 2/4/2008 8 seek temporary and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELEGA nONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPŒNT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL IN NO WAY RELŒVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. RECORDKEEPING; AUDIT REQUIREMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 8 :00 a.m. to 5 :00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules ofthe Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non-state entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a non-state entity for Federal program matching requirements. The funding for this Agreement was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost ofthe audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). DRC\04-045-FF4 2/4/2008 9 4, The annual financial audit report shall include all management letters, the Recipient's response to all findings, including corrective actions to be taken, and a schedule of financial assistance specifically identifYing all Agreement and other revenue by sponsoring agency and agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Florida CommU1Ùties Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period offive years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved, 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. perfonned by an independent certified public accountant ("IP A") who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IP A shall state that the audit complied with the applicable provisions noted above. X. DEFAULT; REMEDIES; TERMINATION DRC\04-045-FF4 2/4/2008 10 1. If any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge ofthe Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete curing activities within thirty (30) days after receipt of notice ofthe violation. lfthe curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit a timely written request to the PCT Program Manager that includes the status of the current activity, the reasons for the delay and a time frame for the completion of the curing activities. PCT shall submit a written response within thirty (30) days of receipt of the request and approval shall not be umeasonably withheld. It is PCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, PCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approved by PCT pursuant to the Recipient's request; fee simple title to all interest in the Proj ect Site shall be conveyed to the Trustees unless PCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the Department of Environmental Protection or a Water Management District, who agrees to accept title and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. XI. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Agreement. 2. No waiver by FCT of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy ofFCT hereunder, or affect the subsequent exercise ofthe same right or remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et seQ.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. 4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease DRC\04-045-FF4 2/4/2008 11 bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No funds or other resources received from FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Agreement including Exhibit "A" embodies the entire agreement between the parties. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. Witness: ST. LUCIE COUNTY, a political subdivision ofthe State of Florida By: Print Name: Date: Print Name: Approved as to Form and Legality: By: Print Name: STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _ day of 2008, by on behalf ofthe Local Government, and who is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: DRC\04-045-FF4 2/4/2008 12 Witness: FLORIDA COMMUNITIES TRUST Print Name: By: Janice Browning, Director, Division of Housing and Community Development Date: Print Name: Approved as to Form and Legality: By: Kristen L. Coons, Trust Counsel STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _ day of 2008, by Janice Browning, Director, Division of Housing and Community Development. She is personally known to me. Notary Public Print Name: Commission No. My Commission Expires: DRC\04-045-FF4 2/4/2008 13 EXHIBIT "A" PARCEL 1; BEING A PARCEL OF LAND LYING OVER A PORTION Of SECTION 22, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, fLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER Of SAID SECTION 22; PROCEED SOUTH 0017'19" WEST. ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE Of 1086.43 FEET TO A POINT ON THE WEST RIGHT-Of-WAY LINE OF THE FLORIDA EAST COAST RAILWAY AS DESCRIBED IN DEED BOOK 73. PAGE 314, PUBLIC RECORDS Of ST. LUCIE COUNTY, FLORIDA AND THE POINT Of BEGINNING; THENCE SOUTH 31'34'45" EAST, DEPARTING SAID EAST LINE, AND ALONG SAiD WEST RIGHT-Of-WAY LINE, A DISTANCE OF 150.55 fEET TO A POINT ON A LINE 1215.06 FEET SOUTH OF, AND PARALLEL WITH THE NORTH LINE OF SECTION 23, TOWNSHIP 35 SOUTH, RANGE 40 EAST; THENCE SOUTH 89'44'01" WEST, DEPARTING SAID WEST RIGHT-OF-WAY LINE, AND ALONG SAID PARALLEL LINE. A DISTANCE Of 79.49 FEET TO A POINT ON THE EAST LINE Of THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 00.,7'14" WEST. DEPARTING SAID PARALLEL LINE. AND ALONG SAID EAST LINE, A DISTANCE OF 415.80 FEET: THENCE NORTH 89'05'47" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 213.18 FEET: THENCE NORTH 03'33'37" EAST, A DISTANCE OF 34.04 FEET; THENCE NORTH 89'05/47" WEST. A DISTANCE OF 351.23 FEET; THENCE SOUTH 04'01'18" WEST, A DISTANCE OF 34.05 FEET; THENCE NORTH 89'05'47" WEST, A DISTANCE Of 341.23 FEET; THENCE SOUTH 01'02'42" WEST, A DISTANCE OF 801.83 FEET; THENCE SOUTH 88'46'28" EAST, A DISTANCE OF 235.24 fEET; THENCE SOUTH 00'20'47" WEST. A DISTANCE Of 205.93 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAVANNAH ROAD (A 50.00 FOOT WIDE RIGHT-Of-WAY); THENCE NORTH 89'38'44" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 675.45 fEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HAlf OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 01'02'42" EAST, DEPARTING SAID NORTH RIGHT-Of-WAY LINE, AND ALONG SAID WEST LINE, A DISTANCE OF 2620.94 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 89'48'14" EAST, DEPARTING SAID WEST LINE. AND ALONG SAID NORTH LINE. A DISTANCE Of 60.01 FEET TO A POINT ON A LINE 60.00 FEET EAST Of, AND PARALLEL WITH THE WEST LINE Of THE EAST ONE-HALF OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 01'02'42" wEST, DEPARTING SAID NORTH LINE, AND ALONG SAID PARALLEL LINE. A DISTANCE Of 124.87 fEET TO A POINT ON THE WEST LINE Of THAT CERTAIN fLORIDA EAST COAST RAILWAY RIGHT-OF-WAY EASEMENT AS RECORDED IN OFFICIAL RECORDS BOOK 146. PAGE 257, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 29'53'03" EAST, DEPARTING SAID PARALLEL LINE, AND ALONG SAID WEST EASEMENT LINE, A DISTANCE ,OF 144.28 fEET TO A POINT ON THE NORTH LINE Of THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 89'48'14" EAST, DEPARTING SAID WEST EASEMENT LINE. AND ALONG SAID NORTH LINE, A DISTANCE OF 302.59 FEET TO A POINT ON SAID WEST RIGHT-Of-WAY LINE Of THE FLORIDA EAST COAST RAILROAD; THENCE SOUTH 39'53'02" EAST, DEPARTING SAID NORTH LINE, AND ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 875.50 FEET; THENCE NORTH 89'48'14" EAST, CONTINUING ALONG SAID WEST RIGHT-Of-WAY LINE. AND PARALLEL WITH THE NORTH LINE Of THE NORTHEAST QUARTER Of SAID SECTION 22, A DISTANCE OF 70.10 FEET; THENCE SOUTH 31'34'45" EAST, DEPARTING SAID PARALLEL LINE, AND CONTINUING ALONG SAID WEST RIGHT-Of-WAY LINE, A DISTANCE Of 483.38 FEET TO THE POINT Of BEGINNING. SAID PARCEL CONTAINING 49.96 ACRES, MORE OR LESS. PARCEL 2: BEING A PARCEL OF LAND LYING OVER A PORTION OF SECTION 22, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: DRC\04-045-FF4 2/4/2008 14 COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22; PROCEED SOUTH 00'7'19" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 2633.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 22, SAID POINT ALSO BEING ON THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SAVANNAH ROAD; THENCE NORTH 89'38'44" WEST, ALONG SAID EASTERLY EXTENSION. AND THE NORTH RIGHT-OF-WAY LINE OF SAVANNAH ROAD. A DISTANCE OF 1381.88 FEET; THENCE NORTH 01'02/42" EAST, DEPARTING S~ID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 25.23 FEET TO THE SOUTHEAST CORNER OF BLOCK 5. AS SHOWN ON THE PLAT OF SUNSET PARt<. AS RECORDED IN PLAT BOOK 11, PAGE 28, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AND THE POINT OF BEGINNING; THENCE NORTH 8919'04" WEST, ALONG THE SOUTH LINE OF SAID BLOCK 5. A DISTANCE OF 503.80 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH. HAVING A RADIUS OF 35.93 FEET; THENCE NORTHWESTERLY, AND NORTHERLY CONTINUING ALONG THE SOUTH LINE OF SAID BLOCK 5, AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5811'51 ". AN ARC DISTANCE OF 36.50 FEET TO THE POINT OF TANGENCY; THENCE NORTH 31'07'12" WEST, ALONG THE WEST LINE OF SAID BLOCK 5. A DISTANCE OF 119.60 FEET TO THE NORTHWEST CORNER OF LOT 19. OF SAID BLOCK 5; THENCE NORTH 89'59'48" EAST, ALONG THE NORTH LINE OF LOTS 11-19 OF SAID BLOCK 5, A DISTANCE OF 598.21 FEET TO.THE NORTHEAST CORNER OF LOT 11, SAID BLOCK 5; THENCE SOUTH 01'02'42" WEST ALONG THE EAST LINE OF SAID BLOCK 5,.A DISTANCE OF 125.80 FEET TO THE POINT OF BEGINNING. ' SAID PARCEL CONTAINING 1.58 ACRES, MORE OR LESS. PARCEL 3: BEING A PARCEL OF LAND LYING OVER A PORTION OF SECTION 22. TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY. FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22; PROCEED SOUTH 0017'19" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22. A DISTANCE OF 2633.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 22. SAID POINT ALSO BEING ON THE EASTERLY EXTENSION OF THE NORTH RIGHT-OF-WAY LINE OF SAVANNAH ROAD; THENCE NORTH 89'38'44" WEST, ALONG SAID EASTERLY EXTENSION, AND THE NORTH RIGHT-OF-WAY LINE OF SAVANNAH ROAD (A 50.00 FOOT W1DE RIGHT-OF-WAY). A DISTANCE OF 626.34 FEET; THENCE SOUTH 02'52'04" EAST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 50.08 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAVANNAH ROAD AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02'52'04" EAST. DEPARTING SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 152.81 FEET; THENCE SOUTH 30'17'03" EAST. A DISTANCE OF 192.27 FEET; THENCE SOUTH 41'32'30" EAST. A DISTANCE OF 214.94 FEET; THENCE SOUTH 36'20'45" EAST. A DISTANCE OF 185.13 FEET; THENCE SOUTH 24'38'00" EAST, A DISTANCE OF 208.88 FEET; THENCE SOUTH 05'35'09" EAST, A DISTANCE OF 331.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (PER RIGHT-OF-WAY AND TRACK MAP. SOUTHERN DIVISION FLORIDA EAST COAST RAILWAY COMPANY, FLAGLER SYSTEM, STATION 0-92.5 TO 105+60, DATED OCTOBER 1, 1948), SAID POINT BEING A POINT ON A NON-TANGENT CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH 24'41'13" WEST, SAID CURVE BEING CONCAVE TO THE NORTHWEST. HAVING A RADIUS OF 1332.39 FEET; THENCE SOUTHWESTERLY ALONG SAID NORTH RIGHT-OF -WA Y LINE. AND ALONG lHE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 03'59'27", AN ARC DISTANCE OF 92.81 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 6918'15" WEST. CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 57.23 FEET; THENCE NORTH 04'25'49" WEST, DEPARTING SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 317.56 FEET; THENCE NORTH 25'03'14" WEST. A DISTANCE OF 194.81 FEET; THENCE NORTH 77'42'54" WEST, A DISTANCE OF 460.07 FEET; THENCE NORTH 29'42'37" WEST, A DISTANCE Of.462.40 FEET; THENCE NORTH 02'29'20" EAST, A DISTANCE OF 214.83 FEET TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF SAVANNAH ROAD; THENCE SOUTH 89'38'44" EAST, ALONG SAID SOUTH RIGHT-OF-WAY UNE. A DISTANCE OF 439.36 FEET TO THE POINT OF BEGINNiNG. SAID PARCEL CONTAINING 9.45 ACRES, MORE OR LESS. DRC\04-045-FF4 2/4/2008 15 PARCEL 4: .. BEING A PARCEL OF LAND L YlNG OVER A PORTION OF SECTION 22, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22: PROCEED SOUTH 00ï7'19" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 2633.46 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 22; THENCE SOUTH 00'03'24" WEST, ALONG Tl-lE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1417.68 FEET; THENCE NORTH 89'56'36" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 161.15 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY (PER RIGHT-OF-WAY AND TRACK MAP, SOUTHERN DIVISION FLORIDA EAST COAST RAILWAY COMPANY, FLAGLER SYSTEM, STATION 0-92.5 TO 105+60, DATED OCTOBER 1, 1948) AND THE POINT OF BEGINNING; THENCE SOUTH 00'51'11" WEST, DEPARTING SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 258.61 FEET; THENCE SOUTH 09ï8'23" EAST, A DISTANCE OF 162.24 FEET; THENCE SOUTH 08'31'46" EAST, A DISTANCE OF 204.95 FEET; THENCE SOUTH 03'25'50" EAST, A DISTANCE OF 217.14 FEET; THENCE SOUTH 00'29'05" EAST, A DISTANCE OF 203.31 FEET; THENCE SOUTH 04ï4'35" EAST, A DISTANCE OF 168.00 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 22; THENCE NORTH 89'04'55" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 119.88 FEET; THENCE NORTH 04'58'17" WEST, DEPARTING SAID SOUlli LINE, A DISTANCE OF 1158.38 FEET TO A POINT ON SAID SOUTH RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY; THÊNCE NORTH 69'18'15" EAST, ALONG SAID SOUTH RIGHT-OF-WAY UNE, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.56 ACRES, MORE OR LESS. LESS & EXCEPT THE FOLLOWING: PARCEL 1-A BEING A PARCEL OF LAND L YlNG OVER A PORTION OF SECTION 22, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 22; PROCEED SOUTH 00ï7'19" WEST, ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 22, A DISTANCE OF 1846.78 FEET; THENCE NORTH 89'40'39" WEST, DEPARTING SAID EAST LINE, A DISTANCE OF 970.82 FEET TO THE POINT Of BEGINNING; THENCE SOUTH 01'02'42" WEST. A DISTANCE OF 1J7.95 FEET; THENCE NORTH 89'40'39" WEST, A DISTANCE OF 274.22 FEET; THENCE NORTl-l 01'02'42" EAST, A DISTANCE OF 137.95 FEET; THENCE SOUTH 89'40'39" EAST, A DISTANCE OF 274.22 FEET TO THE POINT OF BEGINNING. ,SAID PARCEL CONTAINING 0.87 ACRES, MORE OR LESS. SAID PARCELS CONTAINING IN AGGREGATE 63.68 ACRES, MORE OR LESS. DRC\04-045-FF4 2/4/2008 16 ,. <' AGENDA REOUEST ITEM NO. C.2.E Date: February 19,2008 Regular [ ] Public Hearing [ ] Consent [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Humane Society of S1. Lucie County, Inc. - First Amendment to October 1, 2006 Agreement to Add Spay/Neuter Clinics BACKGROUND: See CA No. 08-0242 FUNDS A V AIL. (State type & No. of transaction or NI A): Account No. 102-6240-534000-600 RECOMMENDATION: Staff recommends the Board of County Commissioners approve the proposed First Amendment to the October I, 2006 Agreement with the Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the amendment. Þ<I APPROVED [] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Coordination/Sil!:natures Mgt. & Budget: Purchasing: Other: Other: Finance (Che' " INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 08-0242 DATE: February 11, 2008 SUBJECT: Humane Society of St. Lucie County, Inc. - First Amendment to October 1,2006 Agreement to Provide for Low Cost Spay/Neuter Clinics BACKGROUND: Attached to this memorandum is a copy of a proposed First Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie County, Inc., which provides for the Humane Society to conduct low cost spay/neuter clinics for dogs and cats of residents of the unincorporated areas of the County who have been approved by the County. The procedures will be performed in the Humane Society's clinic by a veterinarian licensed by the State of Florida. The County will compensate the Humane Society in the amount of seventy-five and 00/100 dollars ($75.00) per animal not to exceed seven hundred fifty and 00/100 dollars ($750.00) for a full day clinic and two hundred fifty and 00/100 dollars ($250.00) for a half day clinic retroactive to January 1, 2008 when the Humane Society began conducting the spay/neuter clinics. Funds generated from the sale of the animal registration tags will be used for this expenditure. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners approve the proposed First Amendment to the October 1, 2006 Agreement with the Humane Society of St. Lucie County, Inc., and authorize the Chairman to sign the amendment. Respectfully submitted, Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Public Safety Director Finance Director Management and Budget Director ,. ,t FIRST AMENDMENT TO OCTOBER 1, 2006 AGREEMENT THIS FIRST AMENDMENT is dated this _ day of , 2008, by and between ST. LUCIE COUNTY, hereinafter referred to as the "County", and HUMANE SOCIETY OF ST. LUCIE COUNTY, INC., hereinafter referred to as the "Humane Society". WHEREAS, on October I, 2006, the County and the Humane Society entered into an agreement, hereinafter referred to as the "Agreement", whereby the Humane Society agreed to provided facilities for the impoundment of animals picked up by the County Animal Control Division as well as stray or unwanted animals turned in by the residents of the County; and, WHEREAS, on April 3, 2007, the Board of County Commissioners adopted Ordinance No. 07-010 which established registration requirement for dogs and cats in the unincorporated areas of the County effective October 1,2007; and, WHEREAS, Ordinance No. 07-010 provides for the funds generated from the sale of registration tags to be used to provide low cost spay and neuter services for dogs and cats in the unincorporated areas of the County; and, WHEREAS, the Humane Society is willing and able to provide spay and neuter services through its veterinary clinic. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Paragraph 19 is hereby added to the Agreement to read as follows: 19. Effective January 1, 2008, the Humane Society shall provide spaylneuter services for dogs and cats belonging to residents of the unincorporated areas of the County meeting guidelines established by the County. The services shall be performed in the Humane Society's clinic by veterinarians licensed by the State of Florida. The County shall compensate the Humane Society for such services in the following amounts: A. Full day clinic - Seventy-five and 00/100 dollars per animal not to exceed seven hundred fifty and 00/100 dollars ($750.00). B. Half day clinic - Seventy-five and 00/100 dollars ($75.00) per animal not to exceed two hundred fifty and 00/1 00 dollars ($250.00). The Humane Society shall coordinate the schedule of spay/neuter clinics 'I " '. with the County. The Humane Society shall include the number of spay/neuter procedures performed during the previous month in its monthly report to the County. 2. All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS BY: COUNTY ATTORNEY ATTEST: HUMANE SOCIETY OF ST. LUCIE COUNTY, INC. BY: SECRETARY PRESIDENT (SEAL) g:\atty\agreemnt\humane.l a.spay .neuter .doc 2 . , I AGENDA REOlÆST ITEMNO.~ DA TE: February 19, 2008 REGULAR [ PUBLIC HEARING [ ] CONSENT rx.] TO: BOARD OF COUNTY COMMISSIONeRS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Resolution No. 08-046 - Reducing the Speed Limit on Prima Vista Boulevard from 40 Milcs Pcr Hour to 35 Miles Per Hour Bcginning at the Intersection of RioMar Court, East to the Intersection of US I in St. Lucie County, Florida. BACKGROUND: Please sce attached Memorandum Number 08-0212. PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt the attached Resolution No. 08-046 as drafted. COMMISSION ACTION: P<J APPROVED [] DENIED [ ] OTHER: Approved 4-1 Grande - NO County Atcorney: (2-- f,../ Review and Approvals Management & Budget Pablic Wor:,s: ,À.t~. ( I . ?urchasing: Englneer:J~V? Originating Dept. Finance: (Check for Copy only, :f applicablei___ Eft. 5/96 · \ \, INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 08-0212 DATE: February 1, 2008 SUBJECT: Resolution No. 08-046 - Reducing the Speed Limit on Prima Vista Boulevard from 40 Miles Per Hour to 35 Miles Per Hour Beginning at the Intersection of RioMar Court, East to the Intersection of US1 in St. Lucie County, Florida BACKGROUND: Section 316.008(1), Florida Statutes, authorizes the Board to designate speed limits for streets and highways under its jurisdiction. Section 1-20-1, of Chapter 1-20 of the St. Lucie County Code of Compiled Laws authorizes the Board to adopt speed limits by resolution in conjunction with the design, re-design or undertaking of an investigation to determine that such regulation is reasonable and for the benefit of the public health, safety, or general welfare of the citizens of St. Lucie County, Florida. The Public Works Department of St. Lucie County has redesigned a portion of Prima Vista Boulevard and has recommended that a reduced speed limit be designated on Prima Vista Boulevard from forty (40) miles per hour to thirty-five (35) miles per hour from the intersection of RioMar Court, East to the intersection of US 1. . j Attached please find a letter from the engineering firm . responsible for the redesigning of this roadway reconstruction project. The Sheriff/s Department has concurred with the recommendation. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No. 08-046 and authorize the Public Works Director to have the necessary signage installed at the appropriate locations on Prima Vista Boulevard from forty (40) miles per hour to thirty-five (35) miles per hour in St. Lucie County, Florida. DSM/cac Attachments .. ~ RESOLUTION NO. 08-046 A RESOLUTION REDUCING THE SPEED LIMIT ON PRIMA VISTA BOULEVARD FROM FORTY (40) MILES PER HOUR TO THIRTY-FIVE (35) MILES PER HOUR BEGINNING AT THE INTERSECTION OF RIOMAR COURT, EAST TO THE INTERSECTION OF US 1 IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 316.008(1), Florida Statutes, authorizes the Board to designate speed limits for streets and highways under its jurisdiction. 2. Section 1-20-1, of Chapter 1-20 of the St. Lucie County Code of Compiled Laws authorizes the Board to adopt speed limits by resolution in conjunction with the design, re-design or undertaking of an investigation to determine that such regulation is reasonable and for the benefit of the public health, safety, or general welfare of the citizens of St. Lucie County, Florida. 3. The Public Works Department of St. Lucie County has redesigned a portion of Prima Vista Boulevard and has recommended that a reduced speed limit be designated on Prima Vista Boulevard from forty (40) miles per hour to thirty-five (35) miles per hour from the intersection of RioMar Court, East to the intersection of US 1. The Sheriff's Department has concurred with the recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. A reduced speed limit is hereby designated on Prima Vista Boulevard from forty (40) miles per hour to thirty-five (35) miles per hour from the intersection of RioMar Court, East to the intersection of 4- J US 1 in St. Lucie County, Florida. 2. The County l\.dministrator is hereby directed to provide coples of this resolution to the Sheriff of St. Lucie Councy, the St. Lucie County Road and Bridge Manager, the St. Lucie County Engineer, and the St. Lucie County Public Works Director. 3. The St. Lucie County Public Works Director is hereby authorized to have the necessary signage installed at the appropriate locations on Prima Vista Boulevard from forty (40) miles per hour to thirty-five (35) miles per hour in St. Lucie County, Florida. After motion and second the vote on this resolution was as follows: Chairman Joseph E. Smith XX Vice-Chairman Paula A. Lewis XX Commissioner Doug Coward xx Commissioner Charles Grande XX Commissioner Chris Craft XX PASSED AND DULY ADOPTED this 19th day of February, 2008. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY , ....;".~."........._""- ~~ "' . 'Inwood ~- ,... """ consulting engineers January 24, 2008 SLC-012-01 Michael Harvey, E.!. St. Lucie County Engineering Division 2300 Virginia Avenue 2nd Floor Annex, Room 229 Ft. Pierce, Florida 34982-5652 Re: Prima Vista Boulevard - Design Speed St. Lucíe County, Florida Dear Mr. Harvey: Inwood Consulting Engineers, Inc. (Inwood) was the Engineering Firm of Record for the Prima Vista Boulevard Project No. 97-45 which included full reconstruction of the roadway from west of Rio Mar Drive to east of Banyan Street. We completed the design of this roadway reconstruction project in October 2006. The posted speed limit for the roadway prior to reconstruction was 40 mph. This posted speed limit was in excess of the safe driving speed based on the constructed roadway and accepted design criteria. The safe driving speed for the roadway due to the curvature of the road (particularly the curve between Camino and Banyan) was only 30 mph. During the design, we identified the safety deficiencies in the existing roadway geometry. In our design of the reconstruction project, we increased the radius of the curve to improve driver safety. However, in an effort to avoid acquisition of additional right of way, the curvature of the roadway was only increased to the extent that it would allow a safe driving speed of 35 mph. The criteria that we utilized to design the project was the Florida Department of Transportation/s Plans Preparation Manua¿ Volume 1, Chapter 2. These criteria provide a reasonable design that meets average motorists' expectations and reflexes. Inwood's pavement and roadway design were all based on 35 mph design speed. Therefore, we speCified that a 35 mph speed limit be posted on the roadway through the reconstructed area. If you have any questions, please contact me at 407-971-8850. Very truly yours, INWOOD CONSULTING ENGINEERS, INC. r--~,',· íì(} '-.,... 'ì::~j ~x:Y)j I,.y~~~ David G. Coleman, P.E. Project Manager 870 Clark Street· Oviedo. FL 32765 . tel· 407.971.8850 fax· 407.971.8955 ... '. ... . ITEM NO. C3,4 DATE: Feb 19, 2008 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT,): PUBLIC WORKS DEPARTMENT (4117) PRESENTED BY: ~~~t~~ Public Works Director SUBJECT: Request Board approval for WA # 2 with Creech Engineers, Inc. for Professional Continuing Consultant Services for FEMA Countywide Community Rating System Annual Recertification. BACKGROUND: Public Works Staff is working with Creech Engineers, Inc. to upgrade our Countywide Community Rating System (CRS) for FEMA Flood Insurance Rates. Work Authorization No.1 included the preparation of our annual report and required documentation to obtain CRS Annual Recertification through FEMA, including various meetings to prepare for an audit. Pursuant to our discussion with FEMA personnel during audit process, several additional functions and documents were identified that could provide the County with a higher score on the Countywide Rating. Higher scores on the CRS Rating equate to lower flood insurance rates for all citizens of St. Lucie County. Public Works Staff wishes to pursue the additional functions and documents that will increase our Countywide Rating Score. The attached Work Authorization No.2 from Creech Engineers outlines the work that is required to achieve greater scores on our Annual Recertification by FEMA. These services include items such as: þ> Updating elevation certificates for building permits issued over the last 5 years. þ> GIS mapping of repetitive loss (flood prone) properties. þ> Coordination with Local Mitigation Strategy (LMS) Committee. þ> Land Development Code amendments to address FEMA requirements. þ> Update website and public outreach programs to include FEMA information for CRS rating system. FUNDS AVAILABLE: Funds for these additional services are available in 102001-3725-531000-42512- Drainage Maintenance MSTU - Stormwater Management. PREVIOUS ACTION: 10/2107: BOCC approved WA #1 with Creech Engineering, Inc. for Professional Continuing Consultant Services for the FEMA Annual Re-certification and to use on a case by case basis, not to exceed $43,000,00 RECOMMENDATION: Staff recommends approval for WA # 2 Creech Engineers, Inc. for Professional Continuing Consultant Services for FEMA Countywide Community Rating System Annual Recertification, Not to exceed $72,000.00 and authorization for signature by the Chairman. COMMISSION ACTION: j(] APPROVED [ j OTHER [ ] DENIED Approved 5-0 -- , [] Mg'. & Budget 4' Ifì~ [] Originating [] Budget & Rev. Coor. [] Purchasing Dept. [] ERD [X] Copy to Finance [ · 2000 N.E. Jensen Beach Boulevard Jensen Beach, Florida 34957 Ph: (772) 283-1413, Fax: (772) 220-7831 .. ¡ "-, ~- : ;> :'i L;,j 1 -"¡ r. L i <' l. ¡ . December 17, 2007; Revised January 02,2008 Sent Via: E-mail and courier 27017.01 (01) Don West, P.E. St. Lucie County Engineering 2300 Virginia Avenue Fort Pierce, Florida 34982 RE: Countywide Community Ratina System Annual Recertification Proposal for Additional Engineering Services Dear Mr. West: Creech Engineers, Inc. (Consultant) is pleased to submit this Work Authorization for professional engineering services to St. Lucie County (County) for the Countywide Community Rating System (CRS) Annual Recertification (Project). This proposal is submitted as a part of our Continuing Contract for Consulting I Professional Services for Stormwater Management Design Permitting Services, dated July 24,2007. PROJECT UNDERSTANDING It is the Consultant's understanding that the County desires to prepare for the January 2007 Cycle visit for the CRS requirements as directed by the Federal Emergency Management Agency (FEMA). The CRS Cycle Visit Services will consist of: A. Review and update of elevation certificates provided by St. Lucie County B. Review of previous submittal; C. Preparation and coordination of additional activities; D. Coordination with FEMA's CRS specialist to determine Cycle Visit requirements, including attendance at St. Lucie County, and revisions directed by FEMA; E. Preparation of Cycle visit documents; and F. Coordination and preparation of documents to obtain additional credits on future certification, including document administration through current certification year (4 months). The Consultant respectfully submits the following Scope of Services and Fee Schedule for the County's review and approval: ~ ANNUAL CRS RECERTIFICATION SERVICES St. Lucie County Engineering Contract No, C07 -07 -386 SCOPE OF SERVICES September 5, 2007 Exhibit A - Page 2 of 5 Exhibit A SCOPE OF SUPPLEMENTAL SERVICES Task 02 - Cvcle Visit Services The task includes coordination with the County, and preparation of the Cycle Visit to satisfy the requirements of FEMA. The cycle visit includes review ofthe elevation certificates, the review and preparation of the possible additional activities and coordination, review of the FEMA operations manual, and coordination with the FEMA representative. The tasks provided under this item include: A. Review and update of elevation certificates provided by St. Lucie County B. Review of previous submittal; C. Preparation and coordination of additional activities; D. Coordination with FEMA's CRS specialist to determine Cycle Visit requirements, including attendance at St. Lucie County, and revisions directed by FEMA; E. Preparation of Cycle visit documents; and F. Coordination and preparation of documents to obtain additional credits on future certification, including document administration through current certification year (4 months). .. ANNUAL CRS RECERTIFICATION SERVICES St. lude County Engineering Contract No. C07-07-386 SCOPE OF SERVICES September 5,2007 Exhibit A - Page 3 of 5 ADDITIONAL SERVICES The Consultant will provide, as requested by the County, additional services that require analyses beyond those described above. These additional services may include, but not limited to: A. Additional meetings; B. Attendance at FEMA CRS Training; and C. Additional engineering and/or surveying services beyond the scope of this contract. Additional services, should they be requested, will be provided on a Time and Materials Not to Exceed basis as directed by the County. DOCUMENTS PROVIDED BY THE COUNTY It is understood the following items will be, or have been, provided by the County: A. Correspondence from the Insurance Service Office (ISO) for CRS recertification; B. FEMA Operation Manual; and C. Copy of previous report with support documents. ... ANNUAL CRS RECER71FICATION SERVICES St. Lucie County Engineering Contract No, C07-07-386 SCOPE OF SERVICES , September 5, 2007 Exhi bit A - Page 4 of 5 FEES AND BILLING Billing will be invoiced monthly based on the services actually provided for Time and Materials Not to Exceed Tasks. Reimbursable expenses are included in the hourly rates. SUMMARY The Consultant is extremely pleased to provide you with our professional services as outlined above. Our fees for the above listed services do not include permit or filing fees. This proposal represents the entire understanding between the County and the Consultant with respect to the Project, and may only be modified in writing and signed by the County and the Consultant. If this satisfactorily sets forth your understanding of our agreement, please attach this to the County's Standard Agreement for Services, forward this for approval by the County, and return it to the Consultant's Jensen Beach address. Sincerely, o ,/ George J. Beck Senior Project Manager Creech Engineers, Inc. abeck@creechinc.com GJB/am Attachments ;. ANNUAL CRS RECERTIFICATION SERVICES 5t. Lucie County Engineering Contract No. C07 -07 -386 SCOPE OF SERVICES September 5, 2007 Exhibit A - Page 5 of 5 Exhibit 8 FEE SCHEDULE The Consultant will provide the services outlined above for the Time and Materials Not to Exceed Fees as detailed below: TASK Task 02 - Cycle Visit Services TYPE TNE FEE $ 72,000.00 Total: TNE $ 72,000.00 ..~ sf; ~ .. 'ãtt: u \II ~£ß :l EJ ~ L (,) '2~ u~ ~ .. ô i! I Z Ii.... S I ,;: u _~ Jlñ ~ Cl z æ w w z <5 z w ... w w :I: Ul ll: a: o ~ w ... :i ¡:: Ul w w W IL nu ~:ª '" ... 1 ~ i ~ i HP ¡;f- .. o o ~r 8 8 :il !:i ! ~ ~ - ~ I ~ ~ ~ I~ . ~ i Z ..~ ~I ~ ~ ~ ~ . Ii! VI;; ~ Iii! J~ § _8 l~ 8 8 888 Si ~ g ij 0 N ~ o ii T .. ~~ ~~ i: 8 Ng ~- 11 ~~ I ~ ~~ ~~ ~ :I!~ ..~ ;;. ~ .'" ~Ë ~... 8 8 888 ~ ~ ~ g ill 8 ~~ .. 8 8 8 8 .; '" .. ~ i I ~ ¡ ~ I ª ~ i i J ¡;Z - i i t ! i H I I~ !qq ~ ids ~ n n I u § ~ :í il 1 i"O ¡ ð "0 ~ q.~~ e ~~~,,;'! ~ ~ ~I ~ . ~I ~ . ~ ~ ~ ~I' ~ " ø ~ ~ ï ~ .. 2¡ .. ... .5 ~q.ž o :;; ~ I i w ~ I- ~ ~ ~ .- o w ~ o Iii ~ .- o ~ 8 .- o w 8 r! 8 8 !1 r i 11 iii . o w .,; o ~ o o a 11 11 o - il o ~ ~ o ~ ~ ~ . ~ .- ~ ~ ~ 8 8 ~ ~ ~ ~. ~ ~ Hf ~n Ii ;.. Exhibit C Preliminary Project Schedule St. Lucie County Public Works Annual CRS Recertification CEI Project No. 27017.01 Milestone Duration Date Receipt of Elevation Certificate 12/17/2007 Review and update of Elev Certs. 2 weeks 1/3/2008 Review of edits with County 1/4/2008 Prep and coord of additional activities 1 week 1/11/2008 Prep Elevation Certificate addendums 2 weeks 1/20/2008 Prep Cycle Visit documents 1 week 1/21/2008 Meeting with FEMA at SLC 1/22/2008 Post ISO Meeting Activities Coord and Prep Documents thru Current Certification Year 4 months 6/30/2008 ~~~@þ~~.. ..... COUNTY , FlORIDA'- WORK AUTHORIZATION NO. 02 CONTRACT C07 -07-386 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the _ day of 2007, by and between the ST. LUCIE COUNTY, a political subdivision of the state of Florida, hereinafter referred to as the "County" and CREECH ENGINEERS INC., hereinafter referred to as the ·Consultanf. WIT N E SSE T H: WHEREAS, on July 24, 2007, the COUNTY entered into a Consulting Agreement (Contract No. C07-07-3B6) hereinafter referred to as "Contracf' with the CONSULTANT to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the CONSULTANT is to provide the professional services as outlined in this individual work authorization; and, _ NOW, THEREFORE, in consideration of their mutual promises made herein, and for_ other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. PROJECT: The COUNTY has determined that it would like to complete a project described below: Countywide Community Rating System Annual Re-Certification (hereinafter referred to as ''the Project".) 2. SERVICES: The COUNTY has determined that it would like to utilize the services of the CONSULTANT in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-07-386). The services to be provided by CONSUL T ANT on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto Page 1 of3 as Exhibit "c" which are attached hereto and made a part of this work authorization and incorporated hereIn. 3. CONSTRUCTION COSTS: The construction costs of the Project for which CONSULTANT will render the Professional Services are estimated by the COUNTY not to exceed $1,000,000 or any other costs or fees as otherwise described under the ·Consultants Competitive Negotiation Act", (GGNA). . 4. COMPENSATION: The cost to perform all services as described in the attached Scope Of Services shall be billed on an hourly basis, not to exceed a total amount of seventy-two thousand and 00/100 dollars ($72,000.00), as further detailed in Exhibit ·B". 5. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 6. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an es~ntial condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice To Proceed, and shall complete all work as further described in Exhibit ·C·. c. The periOd herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or her designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the CONSULTANT, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the CONSULTANT under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman Page 2 of 3 WITNESSES: J~____~ Rt1lttuN 11 'J...CLU/l.o~ 9-. ~~ APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Page 3 of 3 4' . (- \ ITEM NO. C - 3b DATE: February 19, 2008 AGENDA REQUEST REGULAR [ l PUBLIC HEARING [ l CONSENT [xl TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) SUBJECT: Kings Highway Canal Culvert Replacement at Winter Garden Parkway - Change Order No.1 to the contract with Johnson-Davis, Inc. in the amount of $23,700.00 for additional culvert replacement under Kings Highway. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funds will be made available in Transportation Capital- Local Option - Culvert Replacement in account 316001-41131 -563000"1902. PREVIOUS ACTION: October 10, 2006 - Board approved Work Authorization No.3 in the amount of $36,641.84 to Stanley Consulting Engineers for Construction Management Services. February 6, 2007 - Board approved award of Bid #07-021 for the Kings Highway Canal Culvert Replacement at Winter Garden Parkway project to Johnson" Davis, Inc. in the amount of $249,684.00. RECOMMENDATION: Staff recommends Board approve Change Order No.1 to the contract with Johnson-Davis, Inc. in the amount of $23,700.00 for additional culvert replacement under Kings Highway for the Kings Highway Canal Culvert Replacement at Winter Garden Parkway project and authorization for the Ch . to sign. COMMISSION ACTION: ~ APPROVED [ l DENIED [ l OTHER ~ Approved 5-0 /' " (' W Co=" _, ' ~ I,] "". . BwI... I~" [xl Originating Dept. Public Works ~. (xl Exec. Assis. ¡.:\f-.\ \'" COl D gl sAnderson County Administrator [xl Proj. Man. . ,- ... (] Purchasing ... . OIVISION OF ENGINEERING MEMORANDUM TO: BOCC FROM: A AVP· Mike Powley, County Engineer (VI DATE: February 19, 2008 SUBJECT: Kings Highway Canal Culvert Replacement at Winter Garden Parkway Attached is Change Order No. 1 to the contract with Johnson- Davis, Inc. in the amount of $23,700.00 for additional culvert replacement under Kings Highway_ An additional 18" RCP pipe crossing Kings Highway is needed to replace a failed culvert pipe and bring it up to County standards. Also, an additional drainage structure will be constructed. A- . CHANGE ORDER ST. LUCIE COUNTY PROJECT: Kings Highway Culvert Replacement @ Winter Garden Parkway (name, address) CHANGE ORDER NUMBER: 1 INITIATION DATE: 1/29/OB TO (Contractor): CONSULTANT'S PROJECT NO.: NIA Johnson-Davis, Inc. 604 Hillbrath Dr. Lantana, FL 33462 ST. LUCIE COUNTY CONTRACT NO: C07-02-052 CONTRACT DATE: 2/6/07 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A - (Yes) The original (Contract Sum) was..."."", ,.."..,........,.."...",..,..........,..,....."."......,..,....,..'"",...,.."........"..",....,..,..".., $249,684,00 Net change by previous authorized Change orders ............................................................................................................, $ -0- The (Contract Sum) prior to this Change Order was....,........................................................................................... $249,684,00 The (Contract Sum) will be changed by this Change Order....."" ......... ,..".....',...,.....'"..,...,....,..".. ............. ......""....."....."..".........,....,................. ............ $23,700,00 The new (Contract Sum) including this Change Order will be..... ............ ..........., .............. ..................... ....$273,384.00 The Contract Time will be increased ..,......,............,..,......,...............,'....,....,.,.."..."......,...........".........',.................,.., (196 Days) The Date of Substantial Completion as of the date of this Change Order therefore is: 3/31/08 Funds Available: Account Number 316001-41131-563000-1902 The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing lhis Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non-affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents, Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St. Lucie County, Enoineerino Division Architect/Engineer 2300 Viroinia Ave" Ft. Pierce. FL 34982 Address 1/29/08 By: Michael Harvey, Engineer Intern Date Approved: Public Works Deoartment St. Lucie County Department 2300 Viroinia Ave" Ft. Pierce, FL 34982 Address By: Donald B. West, PIW Dir. 1/29/08 Date Agreed To: Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 Johnson-Davis Inc, Contractor By: Date 604 Hillbrath Dr Lantana FL 33462 Address Approved as to Form and Correctness By Date County Attorney ~ ~ l-i ~ P-4 Q Q) "0 l-i ~ ø l-i Q) ~ Q ...-1 ~ @) "S Q) s Q) u ~ .-t ¡:¡.. Q) ~ ~ Q) > .-t ;:j Q >. ~ ~ ....c:: b.O ...-1 ~ ø b.O Q ~ .... ~ 0:: w Cl 0:: o w ø ~~ 'o-:::t: D::U 00 . .-I > ~ t; ~~ = o 00 = ~ o ~ ¡::: i1i rn Cl " Q) Q) W ü E ef= o 0.. U .9 ê ~ (]) ,Q <:: .~ išlUJ oõ"",E OZ<l:i:õ:ê o 0 o 0 o 0 o 0 N "' '" C"i N '" o 8 ~ o ~ o C"i ;;:; N '" o 0 o 0 N u.. (f) ...J ...J "' "' '" º-~ E 10 el '" '" ëi. c. '" ö: a: .æ [ ~ c::: ¡,¡ to o '" ü -5 ~ ~ .E c:: ~ g Ow :s a: -0 « "' N " I'-- 6 ;¡; "" OJ '" OJ "" . o o c:i o I'-- C"i N '" ñi Õ I- I ~ t ITEM NO. cJC DATE: February n 12008 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): PUBLIC WORKS DEPARTMENT (4117) PRESENTED BY: ~t-~~ Public Works Director SUBJECT: Request Board approval of 2nd Amendment to Work Authorization No.3 with Hazen & Sawyer Engineering for Design and Permitting modifications and time extension for Platt's Creek Mitigation Area and Stormwater Management Facilities. BACKGROUND: In December of 1999, the County began design of a Mitigation Bank and Stormwater retention pond on the 102 acre Platt's Creek site. Permits were obtained in April of 2003 from the SFWMD. In April of 2004, the County started construction of the $2.8 million Platt's Creek Stormwater Project. The Project consists of a 16 acre wet detention pond and stormwater pumping station. The system provides stormwater management and water quality treatment for the 1 ,OOO-acre mixed use drainage basin tributary to Platt's Creek. Several private mitigation banks have been developed over the last few years that are currently meeting the demand for wetland credits. Based upon the high startup costs and the lack of need for a Government-run mitigation bank, the County has decided not to pursue the development of the Platt's Creek property as a mitigation bank facility. The remaining 80 acres of vacant property could be developed as a Restoration Project and/or Environmental Education Facility. A development of this type will be more eligible for grant funding, as mitigation banks are not eligible for grants, The Platt's creek permits expire in April, 2008 and must be amended to obtain approval for future permit extension. Additionally, the Stormwater Project will be modified to include a chemical injection system to provide for a higher level of water quality treatment. FDEP grant funds are available to help pay for the chemical injection system, The attached Work Authorization No.3 with Hazen and Sawyer Engineering provides for the necessary design and permitting modifications to obtain a permit extension for Platt's Creek. The permit can be extended for another five (5) year term that will provide for the time needed to develop the remaining 80 acres of vacant land. Likewise, the proposal includes the design and permit modifications necessary to construct the chemical injection system. .. j . FUNDS AVAILABLE: Funds are available in 102001-3725-563005-3112, Drainage Maintenance MSTU, Stormwater Management PREVIOUS ACTION: 7114/98-Board approved a conceptual mitigation plan and authorized the expenditure of $2,000,000 from the ESL Fund for the project. 8111/98-Board directed staff to seek an alternative funding source. 9/22198~Board approved work authorization for Hazen & Sawyer to prepare and present conceptual plans for the Platt's Creek Mitigation & Stormwater Improvement project to the St. Lucie River Issue Team. The Board also gave authorization to apply for St. Lucie Issues Team Grant Funds in the amount of $1,000,000 for the purchase of the 102 acre site. 1218/98-Board approved an engineering contract with Hazen & Sawyer for conceptual design in the amount of $7,020. 12/7/99-Board purchased the 102 acre site in the amount of $1,070,000. 12114199-Board approved an engineering contract with Hazen & Sawyer for design plans and permitting in the amount of $156,500. 01/0D-Board approved authorization to apply for St. Lucie Issues Team grant funds in the amount of $760,180 for construction of stormwater improvements. 6/25/01-Board approved authorization to apply for EPA Section 319 Grants in the amount of $380,000 for stormwater improvements. 6125/02-Board approved authorization to apply for additional EPA Section 319 Grants in the amount of $150,000 for stormwater improvements. On April 13, 2004, the BOCC awarded the construction of the Platt's Creek Stormwater Project to WPC Industrial Contractors, Inc. in the amount of $2,745,740. On May 25, 2004, the Board approved Platt's Creek Stormwater Project - Work Authorization No.5 (C03-1 0- 686) for Soil Testing Services with Dunkelberger Engineering & Testing, Inc. On October 11, 2005, staff recommended the Board approve Platt's Creek Stormwater Project - First Amendment to Work Authorization No.5 for Soil Testing with Dunkelberger Engineering & Testing Inc. for the Platt's Creek Stormwater Project in the amount of $25,000 and extending the contract to January 31, 2006. On October 18, 2005, the BOCC approved Change Order No, 1 in the amount of $26,340.75 for modification to the Platt's Creek Stormwater Management Facilities project. The proposed modifications will improve the connection between the existing drainage facilities constructed in 2000 with the newly constructed stormwater management facilities. On December 20, 2005, the BOCC approved a reduction in the overall retainage of the Platt's Creek Stormwater Management Facilities project with WPC Industrial Contractors, Ltd. from ten percent (1 0%) to five percent (5%). On February 7, 2006, the Board approved Change Order No.2 for a time extension to the Platt's Creek Stormwater Management Facilities project and approved a reduction in the overall retainage of the project with WPC Industrial Contractors, Ltd. from five percent (5%) to one percent (1 %) for the remainder of the contract. On February 28, 2006, the BOCC approved Change Order No. 3 in the amount of $248,485.00 for improvements to the Platt's Creek Stormwater Management Facilities project. On October 9, 2007, the BOCC approved Change Order No.4 in the deductive amount of ($44,520.00) and approved final acceptance of the Project. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign the Second Amendment to Work Authorization No.3 with Hazen & Sawyer Engineering for Design and Permitting modifications for Platt's Creek Mitigation Area and Stormwater Management Facilities in the amount of $29,900.00 and extending the contract to December 31, 2008. # ¡() APPROVED [ ] OTHER [ ] DENIED COMMISSION ACTION: Approved 5-0 Review an~rovalS . J I'Yl11IV1 ~ (xJO'gln.ting D.pl, !PU~;,w..}l!,M [XJCounty AlIomoy. . . [XJM'Mgem.nl.nd Budget, ~___ [X]Purchasing: .~ J -at" 0 Parks & Recreation: [] Environmental Lands: l [] Other [X] Finance: Check for copy only, if applicable: 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. ", SECOND AMENDMENT TO WORK AUTHORIZA nON NO.3 C03-05-395 W.A,3 PROJIPROG #3112 Engineering Services Related to Stormwater Management PLA TT'S CREEK MITIGA nON AREA & STORMW A TER MANAGEMENT FACILITIES Second Amendment to Work Authorization No.3 between St. Lucie County (the "County") and Hazen and Sawyer, P.c. (the "Engineer") for Professional Engineering Services related to Stormwater Management (the "Agreement") dated May 13,2003, is hereby amended to include a time extension through December 31, 2008 and an increase of $29.900.00, as described in the attached Exhibit "A". All other terms and conditions of Work Authorization No.3 (C03-05-395) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Second Amendment to Work Authorization No.3 (C03-05-395) to be executed and delivered on the dates below. ST. LUCIE COUNTY, FLORIDA ATTEST: BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DATE: HAZEN & SAWYER, P.c. WITNESSES: BY: (Type or print name/position) DATE: , EXHIBiT Ã SCOPE OF SERVICES ST, LUCIE COUNTY PLAITS CREEK STORMWATER MANAGEMENT FACILITIES DESIGN AND PERMITTING SERVICES PROJECT DESCRIPTION Provide services for performing design modifICations, preparing a permit modification application and assisting in coordination with the South F!orida Water Management District (SFWMD). The engineering assistance will include the following: SCOPE Task 1 - Design Modifications Modify the existing facility design. Design to include development of all supporting dala incluçting calculations, plans., details. elc. and bid documents jncluding .teclIni.cal specì1ications and construction plans for the demolition of the temporary outfall and installation of a proposed permanent outfalJ. Included js one (1) meeting with the SFWMD regarding how Jo address the modifICation of the existing construction permit. Task 2 - Permit -Modifications Prepare one (1) construction permit application. The permit application will address modifications to the existing outfall and have all language concerning the mlligatian bank removed. One (1) written response to requests for additional information regarding the permit appliçation will be provided and up to three (3) meetings ~tolal) with the COUNTY and the SFWMD will be attended. Task 3 - Jar Testing Protoçol The injection of alum into the stormwater at Platt's Creek will affect the water chemistry and settlil)Q of particles. In order to determine whether there are adverse envlroomental impacts associated with alum injection, the change in pH must be measured. The settling location must also be determined in order to design for the future floc removal mechanism. Jar testing can be used to determine both the change in pH and the floc settling rate. The COUNTY is going to perform the jar testing requjred to make these determinations. AprotocoJ for jar testing will be developed to aid the COUNTY. The protocol will include an overview of the required equipment, the procedure and the methods of calibration. Backgl"Ollnd information such as process mathematics, water chemistry and information about the stock solutions will be included for reference. FfP :J:IPropOSBlsSI.LL/cie Counly120. <toe Page 1 of4 , KEY ASSUMPTIONS 1, COUNTY will provide record drawings for the first phase of Platt's Creek for use in modifying the outfall. 2. The existing grading -Pfan and .planting -JlIao JIltill .be used for ~e ph.asedwetland construction with the understanding that the plan will be revised in the future. 3. Assuming that the permit application is received pñor to April 10, 2008, an extensiQn letter WiN not be required. 4. COUNTY will pay application fee. 5, Anticipate a single set of contract documents for the alum and outfall construction. 6. Based on the pre-application meeting with the SFWMD, it is aSSumed that alum injection will not be part of the permitting process far Platt's Creek. 7. The permanent outfall will be designed such that it will not adversely affect the existing stormwater system function. Additionally, the effect that the additional impervious area assoçiated with the alum facilities has on the stormwater wjIJ be checked but it is not anticipated to alter the current design. FtP:J~ProposalsSI.l..ur;iflCounty120, doc Page 2 of 4 l' EXHIBIT B BUDGET ST. LUCIE COUNTY PLATI'S CREEK STORMWATER MANAGEMENT FACILITIES PERMITTING SERVICES Fees for this project shall be on a lump sum basis. The total lump sum amount for this scope of services is $29,900 as follows: Task Cost TOTAL $ 13,400 $ 11.800 $ 4.700 $ 29.900 Task 1 - Design. Modifications Task 2 - Permit Modifications Task 3 - Jar Testing Protocol FtF> J:!PropoSBIsSl.Lucie COlJllty120. doc Page 3 of 4 \ EXHIBIT C WORK SCHEDULE ST. LUCIE COUNTY PLATT'S CREEK STORMWATER MANAGEMENT FACILITIES DESIGN AND PERMITTING SERVICES Timellne from Notice to Proceed1 ~ Task 1 - Design Modifications Task 2 - Permit Modifications 2.1 Permit Application Submittal 2.2 RAI Response Task 3 - Jar Testing Protocol March 18, 2008 Fevruary 19, 2008 June 24, 2008 March 11, 2008 All work to be completed on or before Becember 31,2008. ITEM NO C4 DATE: February 19, 2008 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR [ 1 PUBLIC HEARING [ 1 CONSENT [xl PRESENTED BY: SUBMITTED BY (DEPT.): ERD/OXBOW Sandra BOQan, Ed & Outreach ManaQer SUBJECT: Request approval of First Amendment to Work Authorization No 2 (C06-08-758, Engineering Services for Parking Lot Design) for an extension of time to December 30,2008 with Kimley-Horn and Associates, Inc. for the design and permitting of a low-Impact parking lot at the Oxbow Eco-Center located on St. James Drive No funds are associated with this request. BACKGROUND: On January 21, 2007, the BOCC approved the engineering services from Kimley-Horn and Associates, Inc for the design of a low-impact parking lot at the Oxbow Eco-Center FUNDS AVAILABLE: Funds are encumbered on Purchase Order 2711613; from 316-7912-563005-7134 and 310002-7912- 563005-7134 PREVIOUS ACTION: On January 17, 2007, the Board approved Work Authorization No 2 with Kimley-Horn and Associates, Inc. for the design and permitting of a low-Impact parking lot at the Oxbow Eco-Center located on St James Drive in the amount of S69,52500 RECOMMENDATION: Staff recommends the Board approve and authorize the Chairman to sign the First Amendment to Work AuthOrization No, 2 (C06-08-758, Engineering Services for Parking Lot Design) for an extension of time to December 30, 2008 with Kimley-Horn and Associates, Inc. for the design and permitting of a low-impact parking lot at the Oxbow Eco-Center located on St. James Drive COMMISSION ACTION: )(] APPROVED [ 1 OTHER [ ] DENIED Approved 5-0 Dou as nderson County Administrator County Attorney _ 1~ \ Project Manager [ -~] Comm. Services. Dir. [ ] Mgt & Budget ~ Fiscal Coordinator [ ] Exec Asst, [ ] Originating Dept ERD 0~-- (Check for copy only. if applicable) Purchasing Dept ~ To: From: Date: Subject: Board of County Commissioners @J Sandra Bogan, Education & Outreach Manager .. Feb. 1,2008 Oxbow Eco-Center Parking Lot C06-08-758, First Amendment to Work Authorization No.2, Time Extension Request BOCC Meeting, February 19, 2008, Consent Agenda Item C4 Work Authorization NO.2 with Kimley-Horn and Associates, Inc. provides for the design and permitting of a low-impact parking lot at the Oxbow Eco-Center. The First Amendment to Work Authorization No.2, Contract C06-08-758, is for the sole purpose of a time extension in which all work shall be completed on or before Dec. 30, 2008. Attachments: Exhibit "C" cc w/attachments: Lee Ann Lowery, Ass!. County Administrator FIRST AMENDMENT TO WORK AUTHORIZATION NO.2 Road Services Related to lntersections/Parking Lot Expansion Contract # C-06-08-758 Pursuant to that certain Agreement Between County and Engineer for Engineering Services (the Agreement") between S1. Lucie County (the "County") and Kimley-Horn and Associates, Inc. (the "Engineer") dated August 1, 2006, the Engineer agrees to provide the scope of Services described in Exhibit "A" as stated in the original contract and for the Compensation described in Exhibit "B" as stated in the original contract. All services provided under this Work Authorization shall be completed according to the revised schedule described in Exhibit "c". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DATE: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: PRL"lT NAME: KIMLEY-HORN & ASSOCIATES, INe. DATE: H:1041127001 Oxbow\WP\PROPOSALlAmcnd l_l.28~8doc ~=~ KimJey-Horn and Associales. Inc. Exhibit C Project Schedule We anticipate that the Design Phase will be completed on or before July 31, 2008 and the Permitting Phase will be completed on or before December 31,2008. H:\041127001 Oxbow\WP\PROPOSALlAmend U-2S-08.doc I , ITEM NO. C-5A DATE: 02/19/2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasing Department Neil Appel, Director SUBJECT: Third Amendment to Contract C06-03-164 with Clear Channel Radio for Radio Advertising Services - Solid Waste Department BACKGROUND: Please see the attached memo. FUNDS AVAILABLE: Account #401-3410-548010-300 (Promotional Advertising) PREVIOUS ACTION: On February 13, 2007 the Board approved the second amendment to the contract exercising the first renewal option. RECOMMENDATION: Staff recommends approval of the third amendment to contract C06- 03-164 with Clear Channel Radio to exercising the second renewal option and authorization for the Chairman to sign the amendment as prepared by the County Attorney. Approved 5-0 COMMISSION ACTION: K) APPROVED () DENIED ( ) OTHER County Attorney (X) Originating Dept. ( ) )" Mgt. & Budget (X) Other ( ) Purchasing (X) ~. Other ( ) finance: (check for copy, only if applicable)_ , ", BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT Neil Appel, C,P.M. Director MEMORANDUM To: Board of County Commissioners From: Neil Appel, Purchasing Director Date: February 7,2008 Re: Third Amendment to Contract C06-03-164 with Clear Channel Radio for Radio Advertising Services - Solid Waste Department *********************************************************************************************************** BACKGROUND: On March 1, 2006 proposals were opened for RFP #06-030 - Radio Advertising Services. One hundred seventeen (117) vendors were notified, nine (9) documents were distributed, and three (3) responses were received. The selection committee met and ranked the proposals. Clear Channel Radio was awarded a contract for an initial term of one year with two (2) one-year renewal options. The original contract term was to begin on March 28, 2006 and not October 25, 2005. On August 22, 2006, the Board approved the first amendment to the contract amending the term of the original contract so that the contract term would be March 28, 2006 through March 27, 2007. On February 13, 2007, the Board approved the second amendment to exercise the first renewal option and extend the term through March 27, 2008. Now staff is requesting the third amendment to the contract to exercise the second of the two (2) possible renewal options. RECOMMENDATION: Staff recommends approval of the third amendment to contract C06-03-164 with Clear Channel Radio to exercising the second renewal option and authorization for the Chairman to sign the amendment as prepared by the County Attorney. NAlmrs -, C06-03-164 THIRD AMENDMENT TO MARCH 28, 2006 CONTRACT BETWEEN ST. LUCIE COUNTY AND CLEAR CHANNEL RADIO THIS THIRD AMENDMENT, is made and entered into this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "County" and CLEAR CHANNEL RADIO, their successors, executors, administrators, and assigns hereinafter called the "Contractor". WHEREAS, on March 28, 2006 the parties entered into a contract providing radio advertising from Monday through Friday 6:00am until 7:00 pm; and, WHEREAS, on August 22, 2006 the parties executed the first amendment to the contract correcting the term of the original contract; and, WHEREAS, on February 13, 2007 the parties executed the second amendment to the contract exercising the first one-year renewal option and extending the contract through March 27, 2008; and, WHEREAS, the parties desire to further amend the contract to exercise the second of the possible two (2) one-year renewal options. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 5. TERM shall be amended to read as follows: 5. TERM The term of this Contract shall begin on March 28, 2006 and shall terminate on March 27, 2009. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this First Amendment upon the terms and conditions above stated. Page 1 of 2 ATTEST: CLERK WITNESSES: C06-03-1 64 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTN ESS: COUNTY ATTORNEY CLEAR CHANNEL RADIO BY: Print Name: Title: Page 2 of 2 .. ITEM NO. C· {B DATE: 02/19/2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Director SUBJECT: First Amendment to Contract C06-01-041 with Hennis Construction Co., Inc. for Quarterly Maintenance for High Security Doors at Rock Road Correctional Facility BACKGROUND: See the attached memo. FUNDS AVAILABLE: Account # 107-1940-546000-100 (Jail Maintenance/Equipment Maintenance account) PREVIOUS ACTION: On January 24, 2006 the Board awarded the Contract to Hennis Construction Co., Inc. RECOMMENDATION: Staff recommends approval of the first amendment to contract C06- 01-041 with Hennis Construction Co., Inc. to exercise the first renewal option, and authorize the Chairman to sign the amendment as prepared by the County Attorney. Approved 5-0 COMMISSION ACTION: ~) APPROVED () DENIED ( ) OTHER ADMINISTRATOR County Attorney (X) Originating Dept. ( ) :Jt- Coord i nation/Siq natures Mgl & B"dget IX) ~~ Pocch";09 (X) ,# . Other ( ) Other ( ) , Finance: (check for copy, only if applicable)_ PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: February 7,2008 RE: First Amendment to Contract C06-01-041 with Hennis Construction Co., Inc. for Quarterly Maintenance for High Security Doors at Rock Road Correctional Facility BACKGROUND: On December 21, 2005, Bid #06-014 - Quarterly Maintenance of High Security Doors at the Rock Road Correctional Facility was opened. Seven hundred and fourteen (714) companies were notified, thirteen (13) plans were distributed, and one (1) bid was received. On January 24, 2006, the Board awarded the contract to Hennis Construction Co., Inc. for an initial contract for two year, with two (2) one-year renewal options. Staff is requesting the first amendment to the contract to exercise the first renewal option and extend the contract through February 18, 2009. RECOMMENDATION: Staff recommends approval of the first amendment to contract C06-01-041 with Hennis Construction Co., Inc. to exercise the first renewal option, and authorize the Chairman to sign the amendment as prepared by the County Attorney. NAlmrs , C06-01-041 FIRST AMENDMENT TO JANUARY 24, 2006 CONTRACT THIS FIRST AMENDMENT, is made and entered into this day of / 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and HENNIS CONSTRUCTION CO., INC. or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on January 24, 2007 the parties entered into a contract for the Quarterly Maintenance of High Security Doors at the Rock Road Correctional Facility; and, WHEREAS, the parties desire to amend the Contract to exercise the first one-year renewal option. NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 6. TERM shall be amended to read as follows: 6. TERM This Contract shall commence on February 19, 2006 and shall remain in effect for a period of three (3) years. Providing both parties mutually agree to maintain the terms and conditions of the Contract the Contract can be renewed for one (1) additional one-year term. 2. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY 1 , WITNESSES: C06-0 1-041 HENNIS CONSTRUCTION CO.. INC. BY: Authorized Representative Print Name: Title: 2 ,. It ~ ~- - _ J:: :: ITEM NO. c..5·C DATE: 02/19/2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: PURCHASING DEPARTMENT PRESENTED BY: Neil Appel. Director SUBJECT: Second extension to Contract C04-01-034 between St. Lucie County and Oglesby Construction, Inc. for Striping and Pavement Markings as needed for St. Lucie County. BACKGROUND: Please see the attached memo. FUNDS AVAILABLE: Account #101003-41137-546200-4910 Maintenance Improvement Projects PREVIOUS ACTION: On August 22, 2006, the Board approved the first extension to contract C04-01-034 extending the term through January 26,2008. RECOMMENDATION: Staff recommends that the Board approve the second extension to Contract C04-01-034 between St. Lucie County and Oglesby Construction, Inc. for striping and pavement markings, and authorize the Chairman to sign the extension as prepared by the County Attorney. COMMISSION ACTION: l<) APPROVED () DENIED ( ) OTHER D ANDERSON Approved 5-0 COUNTY ADMINISTRATOR County Attorney (X) Originating Dept. ( ) ¿lJ Coordination/Siq natures Mgt. & Budget ( ) ,,--to .~' Purchasing (X) ~ Other ( ) Other ( ) Finance: (check for copy, only if applicable)_ , , PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, Purchasing Director DATE: February 7,2008 RE: Second Extension to Contract C04-01-034 between St. Lucie County and Oglesby Construction, Inc. BACKGROUND: On September 29, 2003 Bid #03-092 was opened for Striping and Pavement Markings for the Road and Bridge Division. Eight hundred fifty-eight (858) vendors were notified, twenty- one (21) bid documents were distributed and three (3) responses were received. Based on staffs initial review of the bids, staff recommended award of a three (3) year contract with two (2) one year renewals to the lowest responsive and responsible bidder, All Mark Pavement Marking Systems, Inc. at the unit price submitted. All Mark Pavement Marking Systems withdrew their bid. Staff then recommended award to the second lowest bidder, Oglesby Construction for an initial contract of three (3) year with two (2) additional one-year renewal options. On August 22, 2006 the Board approved the first one-year renewal option extending the term through January 26, 2008. Staff is now requesting the second one-year renewal option extending the contract through January 26, 2009. RECOMMENDATION: Staff recommends that the Board approve the second extension to Contract C04-01-034 between St. Lucie County and Oglesby Construction, Inc. for striping and pavement markings, and authorize the Chairman to sign the extension as prepared by the County Attorney. NA/mrs I , C04-01-034 SECOND EXTENSION OF CONTRACT BETWEEN ST LUCIE COUNTY AND OGLESBY CONSTRUCTION, INC. THIS SECOND EXTENSION, is made and entered into this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of F1orida, (the "County") and OGLESBY CONSTRUCTION, INC., or its successors, executors, administrators, and assigns ("Contractor"). WHEREAS, on January 27, 2004, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide striping and pavement markings as needed for St. Lucie County for an initial term through January 26, 2007, with the option to extend the term of the Contract for two (2) additional terms of one year each thereafter; and WHEREAS, on August 22, 2008, the parties executed the first extension to the Contract extending the term through January 26, 2008; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including January 26, 2009. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including January 26, 2009 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, flORIDA BY: DEPUTY CLERK CHAIRMAN 1 \ WITNESSES: C04-0 1-034 APPROVED AS TO FORM AND CORRECTNESS COUNTY A HORNEY OGLESBY CONSTRUCTION. INC. By: Print Name: Title: 2 , ITEM NO. c5D DATE: 2/19/2008 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: PURCHASING DEPARTMENT Neil Appel, Purchasing Director SUBMITTED BY: SUBJECT: Approval of the first amendment to contract C07-12-695 with DeAngelo Brothers, Inc. d/b/a Aquagenix for Aquatic Vegetation Control Services BACKGROUND: Please see attached memorandum. FUNDS AVAILABLE: Various Departments - Other Contractual Services PREVIOUS ACTION: On December 18, 2007 BOCC approved the award of Bid #07-115 to Aquagenix RECOMMENDATION: Staff recommends Board approval of the first amendment to Contract C07-12-695 with DeAngelo Brothers, Inc. d/b/a Aquagenix for Aquatic Vegetation Control Services and authorization for the Chairman to sign the amendment as prepared by the County Attorney. COMMISSION ACTION: (~ ( ) APPROVED OTHER () DENIED Approved 5-0 County Attorney (X) l/ð Road & Bridge () Doug s . Anderson County Administrator Coordination/Si~natures ~ ~ L Mgmt & Budget (X) ~ m Purchasing (X) ~ Other Finance (J for copy only if applicable) PURCHASING DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: Neil Appel, C.P.M., Purchasing Director DATE: February 7,2008 RE: Approval of the first amendment to contract C07 -12-695 with DeAngelo Brothers, Inc. d/b/a Aquagenix for Aquatic Vegetation Control Services BackQround: The Road and Bridge Division is responsible for the maintenance of approximately 10 lakes, 15 retention areas and 4 large canals. The current contract (Aquagenix Contract C02-11-124 for Aquatic Vegetation Control) expired on September 30, 2007 and there were no additional renewals left. The division does not have the in-house resources or certified technicians that are mandatory for the chemical spraying and mowing required. This ITB was originally issued 7/29/07, but all bids were rejected due to a discrepancy in the bid documents. This ITB was re-issued on September 30, 2007, and opened October 31, 2007. Five hundred fifty eight firms were notified, thirty one bid packages were issued, and three bids were submitted (see attached Bid Tabulation). On December 18, 2007, the Board approved the award of Bid #07-115 to Aquagenix in the amount of $395,702.16. It was determined that there was a mathematical error and the award is being revised to $397,946.28. Staff is now requesting approval of the first amendment to Contract C07-12-695 with DeAngelo Brothers, Inc. d/b/a Aquagenix adding one location (Lakewood Park Regional Park) for $175.00 per treatment or $2,100.00 per year. Recommendation: Staff recommends Board approval of the first amendment to Contract C07 -12-695 with DeAngelo Brothers, Inc. d/b/a Aquagenix for Aquatic Vegetation Control Services and authorization for the Chairman to sign the amendment as prepared by the County Attorney. NAlmrs C07-12-695 FIRST AMENDMENT TO DECEMBER 18, 2007 CONTRACT THIS FIRST AMENDMENT, is made and entered into this day of , 2008, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DEANGELO BROTHERS, INC. d/b/a AQUAGENIX, or his, its or their successors, executors, administrators, and assigns (the "Contractor"). WHEREAS, on December 18, 2007 the parties entered into a contract to provide Aquatic Vegetation Control of Drainage Right-of Ways, Waterways, Lakes, Ponds, and Water Retention Areas; and, WHEREAS, the parties desire to amend the Contract to add an additional location (Lakewood Park Regional Park). NOW, THEREFORE, in consideration of the mutual promise contained herein, the parties agree to amend the Contract as follows: 1. Paragraph 7. CONTRACT PAYMENT shall be amended to read as follows: 7. CONTRACT PAYMENT The County shall pay the Contractor for the performance of this Contract and completion of the project in accordance with the Contract Documents, subject to adjustment by change order, the total amount in current funds according to the Amended Schedule #1 - Fist Amendment. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Chapter 218.70, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 2. Schedule #1 for Bid #07-115 Aquatic Vegetation Control Services, of the Contract is hereby amended hereto and made a part hereof as Amended Schedule #1. - First Amendment. 3. Except as amended herein, all other terms and conditions of the Contract shall remain in full force and effect. 1 C07 -12-695 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY WITNESSES: DEANGELO BROTHER, INC. d/b/a AQUAGENIX BY: Print Name: Title: 2 .... c: Q) .§ c: Q) e q: .... ~ '- u: I .,.. ~ LIJ -J ;:) Q ~ U CI) ß ~ ~ q: 0 <0 0 0 <0 0 0 .... 0 0 <0 0 0 <0 0 0 N 0 0 ro 0 0 ro 0 0 ro 0 0 ro 0 <0 ~ 0 <0 ~ 0 <0 N 0 <0 '" ro 0 ~ .... .... '" .... .... ro <0 .... ro <0 ro N .... .... ro <0 " r-.: <Ó " r-.: <Ó .0 N <Ó 0 oi " <Ó oi <Xi .0 ,.; <Ó " .0 .0 " .0 .0 <Xi .0 <Ó " .0 .0 '" 0 '" t') 0 '" I"- .... 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C-6 A DATE: Feb. 19,200S REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Dooleymack Constructors of South FL, LLC / #C07-04-195 Havert L Fenn Center-Special Needs Shelter/Auditorium Change Order No.3 BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 001405-1930-562000-2614 (State Grant-Bldgs.) 316-1930-562000-2614 (FEMAllns.-Bldgs.) 001417 -1930-562000-2614 (State Grant-Bldgs.) 316-1930-563000-2614 (FEMAllns.-lnfrastructure) 129-1930-562000-2614 (MSTU Funds-Bldgs.) PREVIOUS ACTION: On January 8, 2008, the Board approved Change Order No.2 to #C07 -04-195, to increase the contract sum. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Change Order No.3 to #C07-04-195, Dooleymack Constructors, Special Needs Shelter/Auditorium, to increase the contract sum by $310,677.31: the new contract sum will be $13,243,131.67, and increase the contract time ten (10) days; the new date of substantial completion will be September 2S, 2008, Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. MISSION ACTION: L><i APPROVED [] [ ] OTHER: DENIED Dou Anderson County Administrator Approved 5-0 J.y- County Attorney: ~ OriginalingD;pt: ~ Finance: (Check for Copy only. if Applicable) Coordination/Si Mgt. & Budget: !-...1¡J Purchasing Mgr.: Other: Other: Eft. 1/97 a,\AGENDA\AGENDA-261 DOOLEYMACK CO-3.DOC . , III MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: February 19,2008 SUBJECT: Dooleymack Constructors of South FL, LLC / #C07-04-195 Havert L. Fenn Center-Special Needs Shelter/Auditorium Change Order No.3 BACKGROUND: On March 27, 2007, the Board approved award of Bid #07-025 to Dooleymack Constructors, construction of the Special Needs Shelter/Auditorium. On April 23, 2007, S1. Lucie County entered into #C07-04-195 with Dooleymack Constructors and construction commenced October 2007. Due to changes issued by Schenkel Shultz Architecture relating to changes associated with the structural system, specifications and revisions per drawings to maintain the 180 mph and additional impact state requirements, Dooleymack has requested to incorporate the following changes into the contracts scope of work that will change both the contract sum and contract time, per Change Order Request 015R, they are: · Modifications to tilt panels to accommodate revisions to various door and window openings. · Addition of hollow metal doors and frames in lieu of aluminum system. · Addition of hollow metal doors (43) and window frames (28). · Addition of (16) hollow metal light window frames. · Addition of exterior door hardware to comply with FEMA 361. · Install additional hollow metal doors and hardware in lieu of aluminum system. · Provide and install shutters. · Furnish and install 2 exit lights. · Paint additional hollow metal door and frames. · Paint and application of bitumastic coating to door and window frames. · Additional general conditions associated with time extension. · Dooleymack costs of 10% overhead, 1 % bond, 5% profit: · Per Change Order Request #009:lnstall doors and windows per state review of construction documents. · Credit for deleting the following items: (63) hollow metal doors and ($405,250.00) frames, exterior door hardware, exterior aluminum door and frames, and $310,677.31 change in window quantities. Page 1 of 2 $ 19,006.90 $203,707.00 $135,216.00 $ 26,000.00 $191,860.00 $ 8,750.00 $ 58,664.00 $ 1,015.00 $ 3,145.00 $ 700.00 $ 16,684.00 $ 42,946.90 $ 8,232.51 , , Staff is seeking approval of Change Order NO.3 to #C07-04-195, Dooleymack Constructors to increase the contract sum by $310,677.31; the new contract sum will be $13,243,131.67, and increase the contract time ten (10) days; the new date of substantial completion will be September 28, 2008. (Please See Attached) RECOMMENDATION Staff recommends the Board of County Commissioners approve Change Order No. 3 to #C07-04-195, Dooleymack Constructors, Special Needs Shelter/Auditorium, to increase the contract sum by $310,677.31: the new contract sum will be $13,243,131.67, and increase the contract time ten (10) days; the new date of substantial completion will be September 28, 2008. Staff further recommends the Board authorize the Chair to sign the Change Order as prepared by the County Attorney. Page 2 of 2 ~~~~¿.t:~~~~~~~~:': :;~~~~~ ~ ¡i~.~ ~: \~::~o~,:~ ,:;.~ ; >,;~_"'":'.:~;/: ~~:.~ ~)',~' :',:: ~~~J;~;~t:~ :~>:~~:;:>,~f~:~'~*~,r~~~;rí~~{l~~~~\~~~\t~l:4jl¡ . SCHENKELSHULTZ ODD ARCHITECTURE ODD " January 29,2008 Mr. Jerry Parenteau St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 RE: St. Lucie County Special Needs Shelter SCHENKELSHULTZ Commission No. 0620801 Subject: COR# 009 Dear Mr. Parenteau: SCHENKELSHULTZ has reviewed Dooleymack constructors - Change Order Request (COR) #009 submitted on November 14,2007 for the project referenced above and has the following comments: The enclosed COR #009 has been examined and found to be necessary. The cost information or this work is complete and detailed. The cost has been examined and is fair and reasonable. This being the case, the above has been approved and is being recommended to the St. Lucie County for the amount of $8,232.51. Explanation: This additional work is for the installation of doors and windows in association with COR #015. Reason: Owner Requested Justification: These changes are required per state review of construction documents. SCHENKELSHUL TZ deems this COR in the amount of $8,232.51 to be fair and reasonable. Sincerely, Ør h;øÞc ~r.vi ~~Þ- ~ ~e~t Enclosures: Dooleymack constructors - COR No. 009 cc: 0620801l0wner Outgoing 1300 North Congress Avenue, West Palm Beach. FlQrida 33409 Phone 56]-697-3451 . Fax 561-697-5210 . www.schenkelshultz.com . iuchitccture License No. AA-C000937 , . Nov. 19. 2007 9: 24AM Central Service> No, 0552 P. 7 't æ dool~k Change Order Request I Detailed, Grouped by Each Number 5t. Lucie County Special Heeds Shelter/Audltorlu Project # FLL -720035- ,mack Constructors of South Flori~a, LI.C 2000 Virginia Ave. Tel; 772-461-5419 Fax: 712-461-8351 Fort Pierce, FL 349<11 Change Order Request: 009 Date: 11/1412007 To: ~ny Parenteau St. Lucie County 2300 Virginia Ave. Ft. Pierce. FL 34982-5852 From: Tim Lynch DooleyMack Constructors of South Florida. LLC 11970 NW 37th Street Coral Springs. FL 33065 Description PRoS Balance Category Status CO~ - Submitted Reference Required By 11/211200t Days Req o Amt Req 8.232.51 Notes PCO No Date Description Reference Amt Prop Days Req Category Reason Not~ 016 11/1412007 Change Order 8,232.51 0 This change crtler reqUB&11s blllng submitted In reaponae to PR-5 revi~iDn6 Issued by Schenkel Shultz reIatlng to the changes associated with the doors and window:; pili' drawingfh AD10, AD11. M01. A102, A103. A320, A321, M01. M01 &A 602 dated September 21. 2007, various sketches from Archltecland Struclural Engineer between September 24th and October 12th 2007 and associated spec's. Ills 10 bll proCll6Sed In conjunction wÎth COR #8 submitted on NOVllmblll' 7. 2007. This represents the balence of the change order request associated with PR-5 revisions. . FralTlllS & Hardware. Door and window framllS Installallon and inslBllation of hardware. '13.320.00 Genlll'a1 Conditions· Rescinding of addiUonalg8llltral condltion~ as~ocill\ad with the six (6) day time eK\en$ion identified In COR #8. (56.256.50) Cost 10% Owmllad 1 % Bond Subtotal 5% Prufit Total , 7.063.50 $ 706.35 $ 70.64 $ 7,840.49 $ 392.02 $ 8,232.51 Prolog ManÐf1el' The lolaI amount of this portion of 1h& changll order is EiGht Thousand Two Hundred Thirty. Two & 51/100 DonaIS $8,232.51 Pr1nted on: 11/141200'1' Prolog 7 New Projects 2005 Page 1 Nov. 19. 2007 9: 24AM Central Services No.0552 P. 8 \ dooleym~ Change Order Request Detailed. Grouped by Each Number , The six (6) daya time extension reqU8$ted In COR #8 is hereby rescinded. ThB total impact to the schedule Is 0 days. ApproVed By: Signature Name Date Prolog "'n"9l1T Printed on: 1111412007 Prolog 7 New Projects 2005 Page 2 SCHENKELSHULTZ ODD ARCHITECTURE ODD February 5, 2008 Mr. Jerry Parenteau St. Lucie County 2300 Virginia A venue Ft. Pierce, FL 34982 RE: St. Lucie County Special Needs Shelter SCHENKELSHULTZ Commission No. 0620801 Subject: COR# 15R Dear Mr. Parenteau: SCHENKELSHULTZ has reviewed Dooleymack constructors - Change Order Request (COR) #15R submitted on January 30, 2008 for the project referenced above and has the following comments: The enclosed COR #15R has been examined and found to be necessary. The cost information or this work is complete and detailed. The cost has been examined and is fair and reasonable. This being the case, the above has been approved and is being recommended to the St. Lucie County for the amount of $302,444.80. Exolanation: This additional work is for the structural modifications to the exterior windows, doors, and hardware. Reason: Owner Requested Justification: These changes are required per the state review of the construction documents. SCHENKELSHULTZ deems this COR in the amount of $302,444.80 to be fair and reasonable. Sincerely, SCHENKELSHULTZ ¥¢~~ ~qJ~~' Enclosures: Dooleymack constructors - COR No. 15R cc: 0620801/0wner Outgoing 1300 North Congress Avenue, West Palm Beach, Flo:ida 33409 Phone 561-697-3451 . Fax 561-697·5210 . wV/v,',schc:nkelshultz.com . ,A..rchitecmrc License No. AAøC000937 ~ dooleY!!t~k Change Order Request I Detailed, Grouped by Each Number Sl Lucie County Special Needs Shelter/Auditoriu Project # FLL -720035- 9Mack Constructors of South Florida, LLC 2000 Virginia Ave. Tel: 772-461-5419 Fax: 772-461-8351 Fort Pierce, Fl34947 Change Order Request: 015R Date: 1/30/2008 To: Johnnie lohlUm. JR. Schenkel Shultz Architecture 1300 North Congress Ave. W. Palm Beach, Fl 33409 From: Dan Sanger DooleyMack Constructors of Sou1h Florida, llC 11970 NW 37th Street Coral Springs, Fl 33065 Description Replaces the originally submitted COR's 6, 6R, 8 and 8R. Category StabJs COR - Submitted Reference Required By 21612008 Days Req 16 Amt Req 302,444.80 Notes pca No Date Description Reference Amt Prop Days Req Category Reason Notes 033 113012008 302,444.80 16 Replaces the originally submitted COR's 6, 6R, 8 and 8R. This change order request replaces the originally submilled COR's 6, 6R. 8 and 8R. This change order request is being submitted in response to PR-4 issued by Schenkel Shultz relating to the changes associated with the structural system per dTilWÍng #s S001 & 8003 dated June 28, 2007, A320, A321 & A323 dated June 25, 2007, associaled specifications. and PR-5 revisions issued by Schenkel Shultz relating to the changes associated with the doors and windows per drawing #sA010, A011, A101, A102. A103.A320, A321, A401, A601 & A 602 dated September 21. 2007. various skelches fn:m Archftec:t and Structural Engineer bel--. September 24th and October 12th 2007 and associated spec's. Tm Panels - (PR-5) Modifications to panels to accommodate revisions associated with the various door and window openings. $19,006.90 Doors & FliIITI5 - (PR-4) Addition of hoIkw metal doors and frames in lieu of aluminum system. Provide and install additional hardware packages for aforementioned items. $203,707.00 (PR-5) DeIeIion of 42 hollow metal doors referenced in COR 16. ($55,450.00) (PR-5) DeIelion of 1 lot of eJderior finish door hardware referenced in COR 16. ($96,100.00) (PR-5) DeIelion of 21 exterior hoIkw metal frames referenced in COR #6. ($41,700.00) (PR-5) Addition of 15 each 6'O"x7'O" HM frames, 13 each 3'0"x7'0' HM frames and 43 each 3'O"X7'0' HM doors. $135,216.00 Prolog Menager Printed on: 113012008 Prolog 7 New Projects 2005 Page 1 dZà gy doole~k Change Order Request Detailed, Grouped by Each Number (PR-5) Addition of 16 each HM borrowed light window frames. $26,000.00 (PR-5) Addition of 1 lot of exterior door hardware complying with FEMA 361. $191,860.00 Glazing - (PR-4 & 5) Credit for deleting exterior aluminum doors and frames. Change of window quantities and change from a YKK to an Arch 3000 system. ($212,000.00) Door & Window Frames - (PR-4) Installation of additional hollow metal doors and hardware in Ueu of aluminum system. $8,750.00 (PR-5) Changes associated with the installation of additional hollow metal door and window frames including grouting due to not being able to install in panels prior to being poured. $ TBD (Included in COR #9) Shutters - (PR-4) Pl'llIride and install shutters. $58,664.00 Ughling - (PR-5) Delete 1 elCit light and furnish and instaU 2 elCit lights. (1 wi1h cage), and 1 type PÆ fixture. $1,015.00 Painting - (PR-4) Painting of additional HM doors and frames and application of b~umaslic coating to additional HM frames. $3,145.00 (PR-5) Painting and application of bilumaslic coating to door and windCMI frames. $700.00 General Conditions - Additional general conditions associated wi1h the sixteen (16) day time extension. $16,684.00 Cost 10% Overhead 1 % Bond Subtotal 5% Profit Total $259,497.90 $ 25,949.79 $ 2,594.98 $288,042.67 $ 14,402.13 $302,444.80 The total amount of this change order request is Three Hundred and Two Thousand Four Hundred Fourty Four & 801100 Dollars $302.444.60 The total impact to the schedule is 16 days. Approved By: Signature Name Date Prolog "'.nager Printed on: 113012006 Prolog 7 New Projects 2005 Page 2 · 'r AGENDA REQUEST ITEM NO, c-6 B DATE: Feb. 19, 2008 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: Approve Facilities Use Agreement Girl Scouts of Palm Glades Council, Inc, BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Facilities Use Agreement between St. Lucie County and the Girl Scouts of Palm Glades Council and authorize the Chair to sign the Agreement as prepared by the County Attorney. MISSION ACTION: t<1 APPROVED [] [ ] OTHER: DENIED Approved 5-0 D g Anderson County Administrator County Attomey: vi f'/ Oñginating~l 'l^~ Coordination/Signatures Mgt. & Budget: Purchasing Mgr.: Other: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H,\AGENDA\AGENDA-262 GIRL SCOUTS AGREEMENT. DOC .. -( MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Don McLam, Assistant Director DATE: February 19, 2008 SUBJECT: Approve Facilities Use Agreement Girl Scouts of Palm Glades Council, Inc. BACKGROUND: Staff is seeking approval to permit the Girl Scouts of Palm Glades Council to use the St. Lucie County Logistics Center parking lot on a temporary basis for the redelivery of Girl Scout Cookies to various locations. The Agreement shall be for January 22,25, 28 and 31,2008. (Please See Attached) RECOMMENDATION: Staff recommends the Board of County Commissioners approve the Facilities Use Agreement between St. Lucie CountY and the Girl Scouts of Palm Glades Council and authorize the Chair to sign the Agreement as prepared by the County Attorney. , ~ . F ACIUTIES USE AGREEMENT .-.- g THIS AGREEMENT made and entered into on this /7 day of JAN rJA-,e.y ,200)( by and between ST. LUCIE COUNTY, a political subdivision of the State of Florid6, hereinafter referred to as "County," and GIRL SCOUTS OF PALM GLADES COUNCIL. INC., hereinafter referred to as "Girl Scouts." WIT N E SSE T H: WHEREAS, the County owns a facility located at 3855 S. U.S. Highway 1, Fort Pierce, Florida, hereinafter referred to as the "Facility"; and, WHEREAS, the Girl Scouts desire to use the Facility parking lot on a temporary basis for the redelivery of Girl Scout cookies; and, WHEREAS, the County is willing to enter into this agreement with the Girl Scouts to permit it to temporarily use the facility parking lot for redelivery. NOW. THEREFORE. in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. SITE The parties acknowledge and agree that the Facility shall be located at 3855 S. U.S. Highway I, Fort Pierce, Florida, and shall consist of the parking lot. 2. USE OF FACIUTY The Girl Scouts shall use the Facility to redistribute Girl Scout cookies in locations acceptable to the County. The Girl Scouts' use of the property shall not be exclusive and such use of the property shall not preclude all County staff access to the Property. 3. TE~ITERMINATION The term of this Agreement shall be January 22, 25, 28 and 31,2008. Either party may terminate this Agreement without cause upon thirty (30) days prior written notice to the other party. 4. PROJECT MANAGER The Project Manager for the County is Roger A. Shinn at (772) 462-1432. The Project Manager for the Girl Scouts is Chrissy Dixon at (561) 427-0177. G:\ATTY\AGREEMNT\FAC-USE\GirIScouts.wpd -1- , 25. GOVERNING LAW; VENUE This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to principles of conflicts of laws. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit in and for St. Lucie County, Florida, for claims under state law and the Southern District of Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. of IN WITNESS WHEREOF. the parties have executed this Agreement on the ,2007. day ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ATTEST: ~L Ò}- rJ1( GIRL SCOUTS OF PALM GLADES COUNCIL, INC. BY, ;ft!. ~4 President G:\AT1'Y\AGREEMNT\FAC-USE\Girl Scouts.wpd -7-