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HomeMy WebLinkAboutAgenda Packet 03-03-2009 . . . . . . I~~~~ 1 , s~..e:-...m. ..a~.aa~w:':.uusar.ria.wr-~Y....~,.,,.~so,.-..,.m--:~».e-.~~..~-_~..'~--nyw.~:.~ ~w~uu~us '~I u,~e~,,t~w~a;. S ~ ~e i V61Pj ~7YPi~ In ~ ~ ~ ~ ~ ~i ~ ~~~a ~4 , ~ ~ r ~ ' r March 3, 2009 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 PDAS 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 rior 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 for 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 as 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. March 3, 2009 ' , ` 6:00 P.M. BOARD OF COUNTY COMMISSIONERS www.cost-lucie.fl.us www.stiucieco.ora Paula A. Lewis, Chairman District No. 3 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. 5 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. ~ MINUTES ~ ~`:i ~+:j Approve the minutes from the February 24, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for March 3, 2009. V. GENERAL PUBLIC COMMENT ~ VI. CONSENT AGENDA ~J ,~,r,~1~~; C' M S ~ / , A. WARRANTS ~ ~i ~ y~~~ L> Approve warrant list No. 22. B. COUNTY ATTORNEY 1. Resolution No. 09-063 - Public, Educational, and Government Channels. Consider staff recommendation to approve Resolution No. 09-063. 2. Request to approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug testing services received at the St. Lucie County Drug Screening Lab. Consider staff recommendation to approve The Contractual Rate Agreement with United for Families, Inc. for testing clients receiving services, and fees will be paid in part or whole, by UFF. The clients are adult caregivers of children who are at risk of abusing, neglecting and or abandoning the children under their care. The clients are referred by dependency case managers and/or by the Department of Children and Families (DCF) Protective Investigators for drug testing. C. PUBLIC WORKS 1. Board approval of the attached Local Agency Program (LAP) Agreement #423197-1-38-01 in the ' amount of $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution #09-055, and signature by Chair. This project funding is part of the Safe Routes to School Program through Florida Department of Transportation. Consider staff recommendation to approve the Local Agency Program (LAP) Agreement ' #423197-1-38-01 in the amount of $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution #09-055, and signature by Chair. C. PUBLIC WORKS CONTINUED I 2. Board approval of Supplemental Joint Participation Agreement (JPA) Number 1 with Florida Department of Transportation (FDOT) for Taylor Creek Phase 3 Shoreline Restoration and ' Commission Resolution 09-062, and signature by Chair. The Supplemental )PA changes the ' project description to allow remaining funding to be used for Taylor Creek Emergency Shoreline ' Repair Site 7. Consider staff recommendation to approve the Supplemental JPA Number 1 with FDOT for Taylor Creek Phase 3 Shoreline Restoration and Commission Resolution 09-062, and signature by Chair. ' 3. Harmony Heights Stormwater Phase I- Fourth Amendment to Work Authorization No. 1 Consider staff recommendation to approve the Fourth Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for additional surveying efforts for Harmony Heights Stormwater Improvements Phase I in the amount of $8,081.00, and authorize the Chair to sign. D. AIRPORT 1. Request authorization to enter into a Underground Facilities Conversion Agreement with FPL for the relocation of the distribution lines impacting the new Runway 9L/27R at an estimated additional cost of $75,287 for a total cost of $1,708,776 to fund the total FPL powerline relocation, and moving funds from the Airport West Commerce Park capital budget to cover the additional shortfall of $75,287 on this project. Consider staff recommendation to authorize entering into the Underground Facilities Conversion Agreement with FPL for the relocation of distribution lines, authorize reallocation of an additional $75,287 needed from the Airport West Commerce Park project to address the shortfall of funds for the FPL distribution line relocation, and authorize the up-front payment of $75,287, for a total cost of $1,708,776, to FPL for the relocation of transmission lines and distribution lines at the St. Lucie County International Airport and authorize the Chair or designee to execute same. 2. Request that the Board approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time Changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport. Consider staff recommendation to approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport and authorize the Chair or designee to execute the same. END OF CONSENT AGENDA VII. PUBLIC HEARINGS A. GROWTH MANAGEMENT Request for continuance of the adoption hearing for Comprehensive Plan Amendment Cycle 2009-1, G~ formerly known as Comprehensive Plan Amendment Cycle 2008-2 G~V Ordinance No. 09-006 (formerly known as Ordinance No. 08-030~ Project Name: Cassens White City Grove C Applicant/Agent: Terry L. Virta, AICP File No. FLUMA-420081453 / TCP-420081454: Future Land Use Map , ~ Amendment from RS (Residential Suburban - 2 du/acre) to MXD (Mixed Use Development) Specific Use ' Area, adding Figure 1-7m and Sub-Area policy language. Consider staff recommendation to continue this item to April 21, 2009. B. GROWTH MANAGEMENT II , Consider the petition of Barol LLC for a waiver from the paving requirements of Section 7.05.07 of the , ~t. Lucie County Land Development Code for the Minor Site Plan for the project known as "Horseshoe Grove." ' - L~~ Draft Resolution No. 09-010 File No.: 720071270 Current Zoning: AG-5 (Agriculture - 1du/ 5 acres) Future Land Use: AG-5 (Agriculture - 1du/ 5 acres) , Project Area: 40.61 acres ~ i ~ t'~ Staff recommends adoption of Draft Resolution 09-010 denying the request. C. GROWTH MANAGEMENT ~ The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - 4~~; Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park ~l~' ~ Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, , / 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft ~ t~ ~ Resolution No. 09-008 is attached. 7 Staff is requesting that this petition be continued to April 2009, at 6:00 PM or as soon thereafter. D. PUBLIC WORKS Sunland Gardens Phase II MSBU Second Public Hearing - Continued from the 2/17/2009 Board Meeting - Agenda Item # VII - B Consider stafF recommendation to adopt Resolution No. 09-048 (Attachment 1) to levy a non-ad valorem special assessment on the Sunland Gardens Phase II Municipal Services Benefit Unit; approve the preliminary assessment roll; amend the MSBU boundary; and authorize stafF to proceed with construction of the project. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ANNOUNCEMENTS 1. The Board of County Commissioner will hold a Special Informal Meeting on the Local Stimulus Plan Tuesday, March 3, 2009 at 10:00 a.m. in Conference Room #3. 2. The 44th Annual St. Lucie County Fair runs through Sunday, March 8th at the St. Lucie County Fairgrounds. 3. The New York Mets Spring Training games run through April 2, 2009. For tickets call (772) 871-2115 or visit www.traditionfield.com. 4. The Board of County Commissioners will hold the Board's 2009 Strategic Planning Session on Monday, March 23, 2009 from 8:00 a.m. to 5:00 p.m. and on Tuesday, March 24, 2009 from 1:30 p.m. to 5:00 p.m. at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL 5. Zora Fest! will be Friday, Saturday and Sunday, April 3`d, 4th and 5`h at Lincoln Park Academy and other ' venues. Hurston scholars will be on hand to discuss her writings and her life. Niece Lucy Hurston, a ' professor at Manchester Community College in Connecticut, will be on hand for the festival and a Sunday ' brunch at the Pelican Yacht Club on April 5, 2009. For additional information, contact the St. Lucie County Cultural Affairs Council at (772) 462-1767 or go online at www.stlucieco.org/culturalaffairs/index.htm. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim rewrd of the proceedings is made. Upon the ' request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any parly to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this ' meeting should contact the St. Lucie County Community Services Director at p72) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. . ~r~~:,,~ ,t~o~o~ ~,°~w~""~~,~=~'-" ~ . ~ r ~ • . . . . . . . . . g~ . ~ tql~~ ~ . . . _ . . < - ~ March 3, 2009 ' 6:00 P.M. BOARD OF COUNTY COMMISSIONERS ' AGENDA ' WELCOME ALL MEERNGS 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 PDAS 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 may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 iterns are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. , PUBLIC COMMENT - Time is allotted at the beginning of each meeting for general public comment. Please limit comments to five minutes. ' DECORUM - Please be respectful of others' 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 I 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 as 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) 46Z-1777 or TDD (772) 46Z-1428 at least forty-eight (48) hours prior to the meeting. March 3, 2009 6:00 P.M. ' BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stiucieco.or4 , . . a... ~ . . , . z.. . , „ _ Paula A. Lewis, Chairman District No. 3 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Chris Craft District No. 5 I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 24, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. There are no proclamations/presentations scheduled for March 3, 2009. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 22. B. COUNTY ATTORNEY 1. Resolution No. 09-063 - Public, Educational, and Government Channels. Consider staff recommendation to approve Resolution No. 09-063. 2. Request to approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug testing services received at the St. Lucie County Drug Screening Lab. Consider staff recommendation to approve The Contractual Rate Agreement with United for Families, Inc. for testing clients receiving services, and fees will be paid in part or whole, by UFF. The clients are adult caregivers of children who are at risk of abusing, neglecting and or abandoning the children under their care. The clients are referred by dependency case managers and/or by the Department of Children and Families (DCF) Protective Investigators for drug testing. C. PUBLIC WORKS 1. Board approval of the attached Local Agency Program (LAP) Agreement #423197-1-38-01 in the amount of $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution #09-055, and signature by Chair. This project funding is part of the Safe Routes to School Program through Florida Department of Transportation. Consider staff recommendation to approve the Local Agency Program (LAP) Agreement #423197-1-38-01 in the amount of $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution #09-055, and signature by Chair. C. PUBLIC WORKS CONTINUED 2. Board approval of Supplemental )oint Participation Agreement OPA) Number 1 with Florida Department of Transportation (FDOT) for Taylor Creek Phase 3 Shoreline Restoration and ' Commission Resolution 09-062, and signature by Chair. The Supplemental JPA changes the i project description to allow remaining funding to be used for Taylor Creek Emergency Shoreline Repair Site 7. i, Consider staff recommendation to approve the Supplemental JPA Number 1 with FDOT for Taylor Creek Phase 3 Shoreline Restoration and Commission Resolution 09-062, and signature by Chair. 3. Harmony Heights Stormwater Phase I- Fourth Amendment to Work Authorization No. 1 Consider staff recommendation to approve the Fourth Amendment to Work Authorization No. 1 ' to the Contract for Professional Engineering Services related to Stormwater Management with ' Inwood Consulting Engineers for additional surveying efForts for Harmony Heights Stormwater Improvements Phase I in the amount of $8,081.00, and authorize the Chair to sign. ' D. AIRPORT 1. Request authorization to enter into a Underground Facilities Conversion Agreement with FPL for the relocation of the distribution lines impacting the new Runway 9L/27R at an estimated additional cost of $75,287 for a total cost of $1,708,776 to fund the total FPL powerline relocation, and moving funds from the Airport West Commerce Park capital budget to cover the additional shortfall of $75,287 on this project. ~ Consider staff recommendation to authorize entering into the Underground Facilities Conversion Agreement with FPL for the relocation of distribution lines, authorize reallocation of an additional $75,287 needed from the Airport West Commerce Park project to address the shortFall of funds ' for the FPL distribution line relocation, and authorize the up-front payment of $75,287, for a total ' cost of $1,708,776, to FPL for the relocation of transmission lines and distribution lines at the St. Lucie County International Airport and authorize the Chair or designee to execute same. ' 2. Request that the Board approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from $3,689,879J8 to $3,754,411J8, with an increase of 20 days to the contract time Changing the substantial ' completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R ' and Taxiway construction at the St. Lucie County International Airport. Consider staff recommendation to approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from ' $3,689,879J8 to $3,754,411J8, with an increase of 20 days to the contract time changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport and authorize the ' Chair or designee to execute the same. END OF CONSENT AGENDA ' VII. PUBLIC HEARINGS ' A. GROWTH MANAGEMENT I~I Request for continuance of the adoption hearing for Comprehensive Plan Amendment Cycle 2009-1, ' formerly known as Comprehensive Plan Amendment Cycle 2008-2 Ordinance No. 09-006 (formerly known as Ordinance No. 08-030) Project Name: Cassens White City Grove Applicant/Agent: Terry L. Virta, AICP File No. FLUMA-4Z0081453 / TCP-420081454: Future Land Use Map Amendment from RS (Residential Suburban - 2 du/acre) to MXD (Mixed Use Development) Specific Use Area, adding Figure 1-7m and Sub-Area policy language. Consider staff recommendation to continue this item to April 21, Z009. B. GROWTH MANAGEMENT Consider the petition of Barol LLC for a waiver from the paving requirements of Section 7.05.07 of the ' St. Lucie County Land Development Code for the Minor Site Plan for the project known as '~Horseshoe Grove." Draft Resolution No. 09-010 File No.: 720071270 Current Zoning: AG-5 (Agriculture - idu/ 5 acres) Future Land Use: AG-5 (Agriculture - ldu/ 5 acres) Project Area: 40.61 acres Staff recommends adoption of Draft Resolution 09-010 denying the request. C. GROWTH MANAGEMENT The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No. 09-008 is attached. Staff is requesting that this petition be continued to April 6, 2009, at 6:00 PM or as soon thereafter. D. PUBLIC WORKS Sunland Gardens Phase II MSBU Second Public Hearing - Continued from the 2/17/2009 Board Meeting - Agenda Item # VII - B Consider staff recommendation to adopt Resolution No. 09-048 (Attachment 1) to levy a non-ad valorem special assessment on the Sunland Gardens Phase II Municipal Services Benefit Unit; approve the preliminary assessment roll; amend the MSBU boundary; and authorize staff to proceed with construction of the project. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. ANNOUNCEMENTS 1. The Board of County Commissioner will hold a Special Informal Meeting on the Local Stimulus Plan Tuesday, March 3, 2009 at 10:00 a.m. in Conference Room #3. 2. The 44th Annual St. Lucie County Fair runs through Sunday, March 8th at the St. Lucie County Fairgrounds. 3. The New York Mets Spring Training games run through April 2, 2009. For tickets call (772) 871-2115 or visit www.traditionfield.com. 4. The Board of County Commissioners will hold the Board's 2009 Strategic Planning Session on Monday, March 23, 2009 from 8:00 a.m. to 5:00 p.m. and on Tuesday, March 24, 2009 from 1:30 p.m. to 5:00 p.m. at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL. 5. Zora Fest! will be Friday, Saturday and Sunday, April 3`d, 4cn and 5th at Lincoln Park Academy and other venues. Hurston scholars will be on hand to discuss her writings and her life. Niece Lucy Hurston, a professor at Manchester Community College in Connecticut, will be on hand for the festival and a Sunday brunch at the Pelican Yacht Club on April 5, 2009. For additional information, contact the St. Lucie County Cultural Affairs Council at (772) 462-1767 or go online at www stlucieco orq/culturalaffairs/index.htm. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any parly to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS ST. WCIE COUNTY, FLORIDA REGULAR MEETING Date: February 24, 2009 Convened: 9:00 a.m. Adjourned: 10:15 a.m. Commissioners Present: Chairperson, Paula A. Lewis, Charles Grande, Doug Coward, Chris Craft, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan Mclntyre, County Attorney, Michael Briiihart, Capital Improvement Manager, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Mark Satterlee, Growth Management Director, Millie Deigado-Feliciano, Deputy Clerk I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 17, 2009 meeting. It was moved by Com. Coward, seconded by Com. Craft, to approve the minutes of the meeting held February 17, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. County Attorney Resolution No. 09-064 - Commend~ng Dr. Edith Widder and Mr. Keith Paglen, from the Ocean Research and Conservation Association (ORCA), for their research and accomplishments in protecting Marine Ecosystems and the species they sustain through the development of innovative technologies and science based consenration action. Consider staff recommendation to adopt Resolution No. 09-064 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Coward, to approve Resolution No. 09-064, and; upon roll call, motion carried unanimously. B. Proposed Marketing & Economic Development Partnership Plan - Grand Bahama Island presentation by Mr. George Bifield, Comet Creative, Inc. C. The County Administrator announced the Employee of Year: Rubin Dye, GIS Department was honored as the Employee of the Year. V. GENERAL PUBLIC COMMENT Mr. Gary Zetner, Palm Beach resident, addressed the Board regarding an item on the Consent Agenda. Item 6-B-6 Quit Claim for Gordy Road. Mr. Zetner requested the ' Board postpone action on this item until the City of Ft. Pierce and the County can discuss this issue. He is a property owner of frontage on Gordy Road. Com. Dzadovsky addressed Mr. Zetner's request and stated he had concerns as to why this item was brought to the forefront at the last minute. He stated he would , prefer not removing this item from the agenda and recommended moving forward. ~ Com. Craft stated he would prefer to review the issue before making a decision and ' he believed this was not a time constraint on this issue. Com. Grande stated he felt it was a reasonable request to delay this item so the Board could have an opportunity to hear f~om the City of Ft. Pierce officials. 1 Com. Coward stated he concurred with Com. Craft and does not see any reason not to postpone this item. ' Com. Lewis stated in other circumstances she would be most likely not to agree with ' the withdraw of the item, however since the Board wiil be meeting with the City of ' Ft. Pierce later this afternoon she is more inclined to postpone any action. The County Administrator advised the Board her o~ce had received a call from the City of Ft. Pierce yesterday attempting to confirm if the Gordy Road issue would be on today's agenda. It was the consensus of the Board to delete this item from the Consent Agenda. VI. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda as amended, and; upon roll cail, motion carried unanimo~sly. A. WARRANTS Approve warrant list No. 21. B. COUNTY ATTORNEY 1. Permission to File Suit(s) on Any Unpaid Impact and Utility Fees The Board granted permission to allow the County Attorney to file suit(s) on any unpaid impact and utility fees. 2. Permission to Advertise - Ordinance No. 09-007 - Chapter 7 Land Development Code - Street Trees The Board approved advertising proposed Ordinance No. 09-007 for public hearings before the Local Planning Agency on March 19, 2009 and the Board of County Commissioners on April 7, 2009 and April 21, 2009 beginning at 6:00 p.m. or as soon thereafter as may be heard. B. COUNTY ATTORNEY - CONTINUED 3. Resolution No. 09-054 - Celebration Pointe Improvements The Board approved Resolution No. 09-054. 4. 15 ft. Access and Utility Easement from La Fortuna Gardens, Inc. Taylor Dairy Road The Board accepted the Access and Utility Easement authorized the Chair to sign the Access and Utility Easement and directed staff to record the Access and Utility Easement in the Public Records of St. Lucie County, Florida. 5. County Attorney's Office Reorganization ' The County Attorney recommends that the Board approve the proposed ' reorganization as set out in the attached memorandum. The Board approved the reorganization as requested by the County ' Attorney. , 6. Quitclaim Deed - Gordy Road - Resolution No. 09-060 ' Consider staff recommendation to accept the Quitclaim Deed from the State of Florida, Department of Transportation, and Florida Turnpike ' Enterprise, authorize the Chair to sign Resolution No. 09-060 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. This item was pulled. 2 02%20/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #21- 14-FEB-2009 TO 20-FEB-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 175,437.74 618,391.31. 001164 USDOJ Violence Against Women Grant 20,344.29 0.00 001176 FTA Section 5303 F/Y06 90.12 1,213.67 001188 Section 112/MPO/Fhwa/Planning 2007 470.80 6,400.82 001194 U.S. Dept of Housing & Community 10.08 133.16 001419 FDCA-Construct County EOC 400.50 0.00 001434 Fla Comm for the Disadvantaged Tran 42.00 569.40 001436 INTACT Inspired Network to Achieve 633.40 2,204.80 001501 CSBG 2008-2009 Dept of Health and H 341.15 853.20 001505 FDCA Emerg. Mgmt Prep & Assist FY09 3,414.41 0.00 001506 Us Dept of Health Earned Income Tax 1,828.00 0.00 101 Transportation Trust Fund 82,083.83 41,676.33 101001 Transportation Trust Interlocals 3,578.10 1,021.02 101002 Transportation Trust/80% Constitut 82,920.91 45,686.40 101003 Transportation Trust/Local Option 8,285.41 30,754.72 101004 Transportation Trust/County Fuel Tx 5,413.94 18,839.60 101006 Transportation Trust/Impact Fees 6,951.50 0.00' 102 Unincorporated Services Fund 20,201.68 84,746.97 102001 Drainage Maintenance MSTU 82,452.93 5,437.16 102808 SFWMD-Wht City Canal Stormwater Imp 76,842.00 0.00 105 Library Special Grants Fund 3,028.99 0.00 107 Fine & Forfeiture Fund 405,394.09 145,567.11 107001 Fine & Forfeiture Fund-Wireless Sur 85.63 1,113.60 107002 Fine & Forfeiture Fund-E911 Surchar 85.63 1,113.60' 107003 Fine & Forfeiture Fund-800 Mhz Oper 6,574.16 0.00 107005 F&F Fund-Legal Aid 8,627.75 0.00 107006 F&F Fund-Court Related Technology 31,828.17 8,736.95 107157 USDOJ Edward Byrne Mem Justice 2008 2,521.52 0.00 107204 FL Dept Juvenile Justice-DMC Civil 923.24 1,507.10 107205 Juvenile Justice & Delinquency Prev 158.85 2,076.00 107206 FDCF Criminal Justice, Mental Healt 6,447.09 0.00' 130 SLC Public Transit MSTU 161.40 2,176.18 140 Airport Fund 3,883.80 14,841.82 140001 Port Fund 152.62 0.00 150 Impact Fee Collections 114.99 1,523.20 160 Plan Maintenance RAD Fund 1,327.23 3,351.26 183 Ct Administrator-19th Judicial Cir 6,~24.75 3,009.49 183001 Ct Administrator-Arbitration/Mediat 300.00 0.00 183004 Ct Admin.- Teen Court 1,123.33 5,996.24 183006 Guardian Ad Litem Fund 15,193.59 0.00 184211 FDEP South SLC Beach Restoration 91,452.31 0.00 184213 FDEP S SLC Dune Restoration 249.14 0.00 185007 FHFA SHIP FY06/07 16,000.00 0.00 185009 FHFA SHIP 2007/2008 6,352.88 1,021.01 185010 FHFA SHIP 2008/2009 16,000.00 0.00 189201 FHFC Hurricane Housing Recovery Pla 1,029.42 6,721.02 189202 My Safe Florida Home 58,413.99 0.00 ' 210 Impact Fees I&S 493.09 0.00 ~ 02/2b/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARR.ANT LIST #21- 14-FEB-2009 TO 20-FEB-2009 FUND SUMMARY ' FUND TITLE EXPENSES PAYROLL 216 County Capital I&S 1,202.00 0.00 ' 250 Capital Projects I&S 669,631.89 0.00 310001 Impact Fees-Library 100.00 0.00 316 County Capital 45,935.57 0.00 318 County Capital-Transportation Bond 128,183.55 0.00 396 Lennard Road 1- Roadway Capital 514.54 0.00 401 Sanitary Landfill Fund 195,473.73 58,240.30 418 Golf Course Fund 22,251.86 22,097.09 451 S. Hutchinson Utilities Fund 1,399.92 1,816.53 458 SH Util-Renewal & Replacement Fund 44.47 601.55 461 Sports Complex Fund 62,864.71 17,311.03 471 No County Utility District-Operatin 3,788.56 10,513.54 478 No Cty Util Dist-Renewal & Replace 1,479.03 1,442.43 479 No Cty Util Dist-Capital Facilities 5 142.07 934.56 491 Building Code Fund 2,737.52 34,767.20 505 Health Insurance Fund 762,773.17 3,889.66 611 Tourist Development Trust-Adv Fund 13,248.83 1,905.77 616 SLC-Cultural Affairs Council 800.00 0.00 665 SLC Art in Public Places Trust Fund 41,000.00 0.00 801 Bank Fund 246,650.66 0.00 GRAND TOTAL: 3,411,612.53 1,210,202.80 I 7. North Fork Greenway - Contract for Sale and Purchase - Hickory Branch , Properties, Inc. - Parcel I.D. No. 2325-323-0001-000-3 ' The Board approved the Contract for Sale and Purchase of the Hickory ' Branch Properties, Inc. parcel for $260,000.00, authorized the Chair to ' execute the Contract and directed staff to close the transaction and ' record the documents in the Public Records of St. Lucie County, Florida 8. Request to purchase two (2) Motorola Portable Radios (Model II 800 MHZ) along with Computer Aid Intertace Software and a two-year service plan The Board approved two (2) radios along with the supporting software and two year service plus plan for Pretrial Officer Communication and safety. Furthermore, this purchase is endorsed and supported by the Sheriff for more effective communication between the Sheriff s Deputies and the Pretrial Staff. The Board approved Budget Amendment #BA09-013 and the attached Equipment Request EQ-09-26. C. ENVIRONMENTAL RESOURCES Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00 The Board approved the Landscaping and Tree Mitigation Improvement Agreement with Woods Family Partnership II, developers of Treasure Coast Lexus, in the amount of $16,039.00 and authorized the Chair to sign the Agreement. D. GRANTS 1. Approve the Art in Public Places Annual Plan for 2008/09 as recommended by the Art in Public Places Committee. The Board approved the Art in Public Places Annual Plan for 2008/09. D. GRANTS - CONTINUED 2. Approve allocating Tourism Capital Funds toward the construction of a brick paver sidewalk and small parking area for the Zora Neale Hurston Heritage TraiL The Board approved allocating Tourism Capital Funds toward the construction of a brick paver sidewalk and small parking area for the Zora Neale Hurston Heritage Trail. E. CENTRAL SERVICES First Extension to Contract C06-04-408 with Life Safety Systems, Inc. to provide fire sprinkler system inspection, testing and maintenance for County facilities, ' The Board approve d the First Extension to Contract #C06-04-108 with Life Safety Systems, Inc., to provide fire sprinkler system inspection, testing and maintenance for County facilities. This First Extension will extend the term of the contract through and including April 10, 2010. The Board authorized the Chair to ' sign the First Extension as prepared by the County Attorney. F. ADMINISTRATION/TOURISM First extension and increase to contract C07-1i-670 with Comet Creative, Inc. to provide advertising services for the St. Lucie County Tourism Division. ' The Board approved the first amendment for a one-year renewal option and I increase to Contract C07-11-670 with Comet Creative, Inc. to provide advertising services for St. Lucie County Tourism. The first renewal option will extend the term of the contract through November 6, 2010 and will increase the monthly retainer of this contract from $4,167 to $8,250 beginning February 1, 2009. In addition, consider a$50,000 increase of additional monies for expanded duties under the St. Lucie County TDC/Grand Bahama Island Partnership initiative. The 3 Board authorized the Chair to sign the first amendment as prepared by the ' County Attorney. G. PUBLIC SAFETY 1. Request to award Reque.~t for Proposal (RFP) #08-072, Digital ~ Microwave System for the new Emergency Operations Center to ' Communications International, Inc. in the amount of $182,725.81. ' The Board approved awarding the Request for Proposal (RFP) #08-072, ' Digital Microwave System for the new Emergency Operations Center to ' Communications International, Inc. in the amount of $182,725.81 and ' authorized the Chair to sign. The Board approved Budget Amendment ' # BA09-012. 2. Request to award Request for Proposal (RFP) #09-014, Central ' Communications Dispatch Consoles for the new 911 Center located at ' the new Emergency Operations Center to Xybix Systems, Inc. in the ' amount of $345,740.00. ' The Board approved awarding the Request for Proposal (RFP) #09-014, ' Central Communications Dispatch Consoles for the new 911 Center ' located at the new Emergency Operations Center to Xybix Systems, Inc. ' in the amount of $345,740.00 and authorized the Chair to sign. The ' Board approved Budget Amendment #BA09-011. ' H. ADMINISTRATION/HUMAN RESOURCES ' Reclassification of Environmental Resources Director position from pay grade EX- ' 1 to DC-4. ' The Board approved the Environmental Resources Director position to be ' reclassified from DC-1 salary range $54,504.80 -$88,112.41 to EX-4 salary range $70,723.84 - $113,047.80 Reclass Req. # RC09-002 I. COMMUNITY SERVICES I~ 1. FY 2008/2009 Community Services Block Grant (CSBG) Modification of I Agreement with Florida Department of Community Affairs and Budget Resolution No. 09-061 to budget the additional funds. li The Board approved the proposed Modification Agreement with the I' Florida Department of Community Affairs for the FY2008-2009 I~ Community Services Block Grant and Resolution No. 09-061 to budget ! the funds, and authorized the Chair to sign all necessary documents. 2. Consider staff recommendation to approve Resolution No. 09-045 transferring a surplus lot to Habitat for Humanity to construct affordable ~ housing for an approved first time homebuyer. The Board approved approve Resolution No. 09-045 to transfer a surplus ' lot to Habitat for Humanil:~ to construct affordable housing for an ' approved first time homebuyer, authorized the Chair to sign the deed as prepared by the Property Acquisition Division, and record in the Public Records of St. Lucie, County, Florida. 3. Approval of Budget Resolution No. 09-058 to budget the funds from the III State FY09 State Housing Initiative Partnership (SHIP) second and third quarter distributions. The Board approved Budget Resolution No. 09-058 to budget the funds II from the State FY09 State Housing Initiative Partnership (SHIP) second I and third quarter distributions. 4. Approval of Budget Resolution No. 09-056 to budget the funds from the ' FY 2008 HOME Investment Partnership allocation. , I The Board approved Budget Resolution No. 09-056 to budget the funds ' from the FY 2008 HOME Investment Partnership allocation. ' 5. Approval of Amendment No. 1 to reduce the grant allocation for the My Safe Florida Home Program to $750,000. 4 The Board approved Amendment No. 1 to reduce the grant allocation for I the My Safe Florida Home Program to $750,000 and authorized the Chair to sign necessary documents. J. MANAGEMENT AND BUDGEf ' Request to approve Budget Resolution 09-059 to establish the budget for the ' grant to repair damage caused by Tropical Storm Fay. ' The Board approved Budget Resolution 09-059 to establish the 2009 budget for the grant, and to approve using up to $1,161,414 from Emergency Reserves to match 25% of the project. K. PUBLIC WORKS 1. Verada Ditch Emergency Repair Related to Tropical Storm Fay The Board approved the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the ' Verada Ditch Emergency Repair Project. ' 2. Taylor Creek (Site 7) ShoreGne Emergency Repair from Tropical Storm , Fay damages. ' The Board approved the use of Emergency Procedures for waiver of formal bidding process and solicitation of quotes for construction for the ' Taylor Creek Site 7 Shoreline Emergency Repair Project. ' PUBLIC HEARINGS VII. PUBLIC HEARINGS ' GROWTH MANAGEMENT Petition of Doctor Kenneth Palestrant, for a 12-month extension of the date of expiration for the Planned Non-Residential Development (PNRD) project known as Midway Road ' Professional Plaza located on the northeast corner of West Midway Road and Christensen ' Road, approximately 1/4 mile west of the South 25~' Street and West Midway Road intersection (BCC File No. 720081501). ' Consider staff recommendation to adopt Resolution No. 09-005 granting a 12-month ' extension to the Final Planned Development Site Plan known as Midway Road , Professional Plaza PNRD. ' Staff advised the Board that due to an error on the signage, the applicant requested this item be continued to March 10, 2009. ' Com. Grande requested staff review the language in condition 13 D where he felt it may ' be ambiguous regarding the opaque barrier and requested it be made consistent with the ' balance of the paragraph. Com. Dzadovsky requested it be made clear that any habitat will not be cleared prior to ' development. It was moved by Com, Craft, seconded by Com. Grande to continue this item to March ' 10, 2009 at 9:00 a.m. or as soon thereafter as it may be heard, and; upon rol~ call, , motion carried unanimously. END OF PUBLIC HEARINGS I REGULAR AGENDA VIII. GROWTH MANAGEMENT ~ ~I Request by Merigold Investments, Inc. for R.oad Impact Fee (RIF) Credits, as shown in I the attached RIF Agreement 09-001, and R~lease of a Claim of Lien for PSL Permit 0630876. The total lien on the applicanYs properly is in the amount of $54,846 of which $47,127.40 is assessed for road impact fees. This lien was recorded based upon a failure of the applicant to pay County impact fees. 5 ' ,,i Consider staff recommendation to approve the RIF Agreement 09-001 with Mer~gold Investments, Inc. in the amount of $2,923.00 contingent upon proof of the dedication/conveyance of 287 sq. ft. of right-of-way. Staff is only recommending that $2,923.00 of the full lien be granted satisfaction at this time as it pertains to Port St. ~ Lucie (PSL) Permit 0630876. ~I Staff advised t he Board the property presently has a$ 56.000 lien due to non-payment ~ of county impact fees. They do not recommend a waiver and believe they can only allow a credit in the amount of $2,900 based on the conveyance of 287 feet of right of way. Mr. Steve Ball representing the applicant addressed the Board on this item. He stated ' they are requesting a waiver of impact fees not a credit. ' Com. Coward stated he believes this would set a precedent and is not in support of ' waiving impact fees. ' Com. Grande stated they needed to appeal to the city of Port St. Lucie to reinstate the ! process of the past where they collected the impact fees and then forwarded them to the ' county. He felt this would give those building the full picture of how much in impact fees they are required to pay. ' Com. Dzadovsky stated the applicant needed to consider the improvements to the project that would be a benefit such as sidewalks and roads. ~ It was moved by Com. Coward, seconded by Com. Grande, to approve staff ~ recommendation, and; upon roll call, motion carried unanimously. ; There bein no further business to be brou ht before th II 9 g e Board, the meeting was ad~ourned. i i Chairman ~i Clerk of the Circuit Court I ~ I ,I~ ~ , I~ I I~ I , 6 i 02/27/09 ST. LUCIE COUNTY - BOARD PAGE FZABWARR WARRANT LIST #22- 21-FEB-2009 TO 27-FEB-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 2,361,620.19 0.00 001164 USDOJ Violence Against Women Grant 7.21 0.00 001176 FTA Section 5303 F/Y06 314.88 0.00 ~ 001184 CDBG 07 8,646.00 0.00 001188 Section 112/MPO/Fhwa/Planning 2007 4,475.27 0.00 I 001190 FTA Sec 5307 - Buses 05/06 7.21 0.00 001194 U.S. Dept of Housing & Community 39.34 0.00 001434 Fla Comm for the Disadvantaged Tran 118.79 0.00 , 001436 INTACT Inspired Network to Achieve 271.47 0.00 001500 FDEM Emergency Mgmt Performance 476.92 0.00 I 001501 CSBG 2008-2009 Dept of Health and H 27,315.42 0.00 ! 001505 FDCA Emerg. Mgmt Prep & Assist FY09 643.65 0.00 'I 001506 Us Dept of Health Earned Income Tax 540.00 0.00 I 101 Transportation Trust Fund 29,837.74 0.00 101001 Transportation Trust Interlocals 201.14 0.00 I 101002 Transportation Trust/80o Constitut 214,079.60 0.00 101003 Transportation Trust/Local Option 24,676.31 0.00 101004 Transportation Trust/County Fuel Tx 13,029.41 0.00 101006 Transportation Trust/Impact Fees 39,554.96 0.00 ' 102 Unincorporated Services Fund 24,884.75 0.00 ' 102001 Drainage Maintenance MSTU 47,463.11 0.00 ' 102808 SF[n7MD-Wht City Canal Stormwater Imp 1,245.00 0.00 ' 107 Fine & Forfeiture Fund 3,744,228.33 0.00 ' 107001 Fine & Forfeiture Fund-Wireless Sur 219.38 0.00 ~ 107002 Fine & Forfeiture Fund-E911 Surchar 219.38 0.00 I 107006 F&F Fund-Court Related Technology 31,375.87 0.00 107204 FL Dept Juvenile Justice-DMC Civil 296.90 0.00 I 107205 Juvenile Justice & Delinquency Prev 408.96 0.00 113 Harmony Heights 3 Fund 243.13 0.00 , 114 Harmony Heights 4 Fund 529.62 0.00 ' 116 Sunland Gardens Fund 592.84 0.00 117 Sunrise Park Fund 147.54 0.00 ~ 119 Holiday Pines Fund 927.60 0.00 ~I 123 Queens Cove Lighting Dist#13 Fund 376.66 0.00 I 127 Pine Hollow Street Lighting MSTU 384.29 0.00 128 Kings Hwy Industrial Park Lighting 516.92 0.00 130 SLC Public Transit MSTU 428.70 0.00 136 Monte Carlo Lighting MSTU#4 Fund 1,792.10 0.00 138 Palm Lake Gardens MSTU Fund 264.79 0.00 140 Airport Fund 8,791.61 0.00 140133 Construct Runway 9L/27R/Fence 105,683.78 0.00 140135 FAA Security Fencing & Runway 9L/27 864,708.21 0.00 140335 Parallel Runway Design-9L/27R 5,562.30 0.00 150 Impact Fee Collections 300.08 0.00 , 160 Plan Maintenance RAD Fund 1,661.15 0.00 183 Ct Administrator-19th Judicial Cir 2,724.49 0.00 ' 183001 Ct Administrator-Arbitration/Mediat 40.00 0.00 i 183004 Ct Admin.- Teen Court 1,496.70 0.00 02/27/09 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR WARRANT LIST #22- 21-FEB-2009 TO 27-FEB-2009 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 183006 Guardian Ad Litem Fund 27.90 0.00 185007 FHFA SHIP FY06/07 15,637.25 0.00 185009 FHFA SHIP 2007/2008 28,059.46 0.00 189201 FHFC Hurricane Housing Recovery Pla 1,986.22 0.00 189202 My Safe Florida Home 7,008.62 0.00 210 Impact Fees I&S 16,696.07 0.00 316001 5th Cent Fuel-Capital 8,241.00 0.00 317 County Capital-St Revenue Share Bnd 700.00 0.00 382 Environmental Land Capital Fund 4,500.00 0.00 39007 Indian River Estates MSBU 440,256.79 0.00 401 Sanitary Landfill Fund 67,918.82 0.00 418 Golf Course Fund 11,632.19 0.00 451 S. Hutchinson Utilities Fund 1,410.74 0.00 458 SH Util-Renewal & Replacement Fund 125.95 0.00 461 Sports Complex Fund 15,993.17 0.00 471 No County Utility District-Operatin 3,509.21 0.00 478 No Cty Util Dist-Renewal & Replace 287.47 0.00 479 No Cty Util Dist-Capital Facilities 183.59 0.00 491 Building Code Fund 7,081.94 0.00 505 Health Insurance Fund 363,284.52 1,633.70 611 Tourist Development Trust-Adv Fund 375.44 0.00 615 Impact Fees Fund 80.56 0.00 616 SLC-Cultural Affairs Council 1,835.00 0.00 625 Law Library 19,412.84 0.00 801 Bank Fund 35,022.26 0.00 GRAND TOTAL: 8,624,636.71 1,633.70 I i I~ AGENDA REQUE~T ITEM NO. VI - B1 '~'i = _v _ _ _ = DATE: March 3, 2009 ~ _ ~ ~ _ I 1 , REGULAR [ ] ~ ~ ~ L"~ y'A ~ <~~~~L ~ PUBLIC HEARING [ ] ~ _ „ z ~ CONSENT [ x ] : TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~ SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke ; ' Assistant Count A ' tt rn o e Y Y ~ ! SUB]ECT: Resolution 09-063 - Public Educationai ~ ' and Govermm ~ ~ e t , , ~ ~ Channeis BACKGROUND: See Attached Memo ' , FUNDS AVAILA~3LE: ; ~~~~°~~~3:~ ~~~COMMENDAYi~N ~ ~ ~ ~~~VCLUS~ON: Staff r~c~rr~mends approval of Resotutian ~9-0~3. ' i C~~NIISS~~~ AC'i"I~i°~: ~O~l~~~~tEiVCE: ~ ~ ~ APPROVED [ ] DENIED ~ ' II [ ] OTHER; ~ i li Approved 5-0 Faye W. Outlaw, MPA i County Administrator , ' ~ i , ~ Review and Approvals , ! ~i ' ~ [X] County Attorney: , ? ` , , [ ]Management & Budget: [ ]Purchasing; I ~ ' I ~';"~:f~ ~i~l'~ ;~~~-~!',C ~ ' ~ Road & Bridae.: ' ^~')~Parks & Recreation Director Solid Waste Mgr I ii (]Finance:(check for copy only, if applicable) ; ~i I I I I , , I I~I' I i i I , I ~ ~ I ~ i ~ - ~ , MEDIA RELATIONS , ~ ~ ! ~ Memorandum ' , February 17, 2009 ~ To: St. Lucie County Board of Commissioners ~ From: Shane Dewitt, Technical Operation Manager, SLCTV/FPTV ' i Subject: Cable Franchising & Renewals ' Commissioners: ~I The adoption of a resolution to preserve PEG (Public, Educational & Government Access) Channels is needed. ' I The FCC has opened a case on preserving PEG channels as they have always been provided - and thwarting attempts by ~ AT&T, Comcast and other cable providers to malce these channels hard to find (via several Internet web page menus), ' hard to view (poor quality) and hard on the wallet (some people will have to pay to view them). • a Comments from parties interested in the case are due March 9. It is important that the FCC get comments from many , municipalities (and others who use PEG channels). Otherwise, cable providers will claim that the lack of such comments ' shows that keeping PEG channels viable is not important. The FCC case combines the well-known case filed by Dearborn/Meridian Township about Comcast's providing PEG channels only in digital format on channels in the 900 range and a case filed last month by the City of Lansing and one filed by the Alliance for Community Media challenging AT&T's provision of PEG channels as Internet-style videos. j Municipalities should file comments with the FCC in order to preserve PEG channels. I a I respectfully request that the St. Lucie County Board of Commissioners strongly encourage the preservation of PEG channels with the adoption of Resolution No. 09-063. Let our voice be heard to the FCC and all parties interested. Thank you and should you have any further questions you can contact me (x 1869) or Ms. Heather Lueke of the , Attomey's Office at (x 1421). ~ SinceFely, , ~ ~ ~ ~ ' ; -i-. . -r-'T:_..._ ( Shane A. DeWitt Technical Operations Manager, SLCTV/FPTV Cc: Faye W. Outlaw, County Administrator Lee Ann Lowery, Assistant County Administrator Dan McIntyre, County Attorney r RESOLUTION NO. 09-063 A RESOLUTION STRON6LY ENCOURA6IN6 THE , Ii PRESERVATION OF PUBLIC, EDUCATIONAL, AND GOVERNMENT CHANNELS . , WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made , the following determinations: ~ ' ' 1. The Federal Communications Commission has opened n case on whether to preserve Public, Educationai, and Government (PE6) Channels in their currenfi i f o rm. i ~i 2. Severnl cable television providers are attempting to make PEG chnnnels hnrd i 'I to find (via several internet web page menus), hard to view (poor quality), hard ; on the wallet (requiring customers to pay to see them). ~ ~I I~, 3. The FCC cnse combines a case filed by Denrborn/Meridian To~~~nship vorsus ~ Comcast, where Comcnst has tried to prove the PEG chnnnels fio a digital-o~ly format in the 900 range, nnd a case filed by the Ci;y of Lnnsing versus ATu~T ;,ia'f L~'di~,ri ~~;'v;itG~ i'C~,r C... = i~~ t;..,,- , .~~~?Jw. ~ '7. i he FCC has opened a comment period ending JYiarch 9, ~UOy for.a~~y ir~~;;; ~ ' ; j ! pnrties. ~ ~ 5. PEG channels in fiheir current form nre a valuable service. They keep the i' community informed about important issues and events. PEG channels make i public meetings accessible fio those who cnnnot physicnlly atTend ihem. PEG j ' channeis must remnin free and accessible fio ensure thafi residents of St. Lucie ~ County can receive information nbout emergencies, view public henrings, and j I~', learn about government services. ; ~ i NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Sfi. j ' Lucie County, Florida: ; ~ 1_ This Board does hereby find thafi cable compnnies shauld be required to keep j PEG channels in their current free and accessibie form. ~I 2. This Bonrd authorizes the Counfiy Attorney to file this Resolution as a comment to the FCCs case on PE6 channels. ' ~ ' ; , PASSED AND DULY ADOPTED this 3rd day o~ March, 20G9. I ~ i A i i ES BOARD Op= COUNT/ COfWI~ti~SIO~c~S ST. LUCIC COUNT`!, FLOR~DA , ~ ~ , I I ~ ! BY: DEPUTY CLERK CHAIR ~ I APPROVED AS TO LEGAL FORM AND ' CORRECTNE55: ~ COUNTY ATTORNEY ~ ~ ; ~ I I ~ i ~ , i , ~ ~ . ~ i ~ ~ ,II , I I . I i ~ I ~ I ~ i I I I ~ i ~ I i I~i '~I III AGENDA REQUEST ~ ,I _~~.-,s., I ~ ' ITEM NO. V1.B.2 ~ DATE: March 3, 2009 . . REGULAR~ PUBLIC HEARING 0 ' CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT): Countv Attornev Mark Godwin i SUBJECT: Request to approve a Contractual Rate Agreement with United for Families, Inc. (UFF) for drug testing services received at the St. Lucie County Drug Screening I La b. I, I BACKGROUND: Please see attached memorandum regarding the SLC Drug Screening Lab. FUNDS AVAIL: Funds received for drug testing (up to $7,000.00 through June 30, 2009) would be deposited into the general fund in the account string: 001-2360-369940-2053. ' PREVIOUS ACTION: The St. Lucie County Drug Screening Lab opened for testing on July 1, 2008. Since opening, the Lab has processed 5,139 urine specimens collected ~ from 1,011 donors as of January 29, 2009. ' RECOMMENDATION: Staff recommends the Board approve The Contractual Rate Agreement with United for Families, Inc. for testing clients receiving services, and fees will be paid in part or whole, by UFF. The clients are adult caregivers of children who are at risk of abusing, neglecting and or abandoning the children under their care. The clients are referred by ~ dependency case managers and/or by the Department of Children and Families (DCF) , Protective Investigators for drug testing. , COMMISSION ACTION: ' CONCURRENCE: I ~ ~ - ~ ~ I APPROVED [ ] DENIED OTHER: Approved 5-0 FAYE W. OUTLAW County Administrator ' Coordination/Siqnatures ' County Attorney:_X ~ Management & Budget_X Purchasing: Daniel S. Mclntyre ~ Originating Department: Other: Other: Finance: Check for copy only, if applicableX I II ~ ~ g ~ - ~ ~ ~ - ~ , _ _ - INTER-OFFICE MEMORANDUM ~ _ _ ST. LUCIE COUNTY, FLORIDA y'~ ~,s,~ ~ ~a- ~ ` - - TO: Bonrd of County Commissioners FROM: Mnrk 6odwin, Criminnl Justice Coordinntor C.A. NO.: 09-0217 DATE~ March 3, 2009 SUBJECT: Request to npprove a Contractunl Rnte Agreement with United For Fnmilies, Inc. (UFF) for drug testing services received at the St. Lucie County Drug Screening Lnb. BACKGROUND: The St. Lucie County ~rug Screening Lnb opened for business on July 1, 2008. Since that time the lab has tested cl~ents from the Courts, Sheriff's Office Employees, County Employees, Indian River State College Police Academy Cadets, CORE Probation clients, Pretrial Release Clients and - members of the public. As of January 29, 2009, the Lab processed 5,139 urine specimens collected from 1,011 donors. Due to the excellent reputation, credibility and cost savings of the SLC Drug Testing Lab, United For Families, Inc., has requested that the lab test all UFF referrals made by case management and protective investigation staff. This will be a fixed price ag reement in which UFF will reimburse the SLC Drug Lab $20.00 per test for a maximum of $7,000.00 thru June 30, 2009. This revenue would be deposited back into the general fund 001-2360- 369940-2053. Recommendation / Conclusion: Staff recommends the Board approve the Contractual Rate Agreement with United for Families, Inc. Respectfully submitted, ~ ~~~~~j.~ti~ Mark 6odwin Criminal Justice Coordinntor , i ~ ~ ST LUCIE COUNTY DRUG SCREENING LAB UA958-ANCILLARY United for Families, Inc. ~'I Contractual Rate Agreement I I This agreement is made and entered into by and between United for Families, Inc., (hereinafter referred to as "UFF"), and St. ~ Lucie Countv Dru~ Screening Lab, (hereinafter referred to as the "SERVICE PROVIDER"). ~ WITNESSETH, that whereas SERVICE PROVIDER offers the services described in this Contractual Rate Agreement for sale to UFF, and whereas UFF desires to acquire said services by purchase from the SERVICE PROVIDER. ~ NOW THEREFORE, for and in recognition of the good and valuable consideration to be exchanged between the parties as provided in Contractual Rate Agreement #UA958, SERVICE PROVIDER hereby agrees to sell to UFF and UFF hereby agrees ' to purchase from SERVICE PROVIDER said service in accordance with terms and conditions of the referenced Contractual Rate I Agreement, which includes the SERVICE PROVIDER assurances section, ATTACHMENT I, and all associated EXHIBITs I thereto. No services are to be provided to the UFF by the SERVICE PROVIDER unless and until the parties have signed this document ~I and it has been returned to: ' United for Families, Inc., ! ATTN: Contract Manager ' 10570 S. Federal Hwy, Suite 300 I Port St. Lucie, Florida 34952 I Payment under the Contractual Rate Agreement shall be made upon submittal of an invoice after performance of the portion of I services, which each payment represents. The final payment shall not be made until the work is completed. Invoices for fees or I other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post audit thereof. United for Families retains the right of unilateral cancellation for refusal by the SERVICE PROVIDER to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, F.S. made or received by the SERVICE , PROVIDER in conjunction with this agreement. Tne term of this Contractual Rate Agreement shall commence as of March 10, 2009 and shall continue until midnight, Eastern ~ STandard Time on June 30, 2009, unless sooner terminated pursuant to the terms of this Contractual Rate Agreement. UFF agrees to pay for services according to the terms and conditions set forth herein in an amount not to exceed $7,000.00, subject to , the availability of funds, in exchange for the SERVICE PROVIDER's delivery of child welfare services to clients as set forth ~I herein. ' By signing this contract, both parties agree that they have read and agree to the contents therein. II IN WITNESS WHEREOF, the parties hereto have caused this twenty-three (23) page contract, CONTRACT #UA958, to be I executed by their undersigned officials as duly authorized. j I SERVICE PROVIDER: UFF: II ST LUCIE COUNTY DRUG SCREENING LAB UNITED FOR FAMILIES, INC. I Signed By: Signed By: Name: Faye W. Outlaw Name: Christine W. Demetriades Title: County Administrator Title: Chief Executive Officer ~i Date: Date: ' Federal I.D. # 59-6000835 Federal I.D. # 59-3616410 ' 1 ST LUCIE COUNTY DRUG SCREENING LAB + UA958-ANCILLARY SERVICE PROVIDER ASSURANCES NOTICE TO SERVICE PROVIDER: In accordance with Florida Law (Section 287.058, F.S.) United for Families, Inc., requires that all contractual services procured by the agency be covered by a two-party agreement. This document fulfills that , requirement. It is recommended that action be taken, in regard to the agreement provisions stated in this document immediately to address indicated and PRIOR to or CONCURRENT with the provision of the service outlined herein. Your invoice(s) will not be paid without it. Receipt by the SERVICE PROVIDER of the Contractual Rate Agreement, combined with its failure to reject the Contractual Rate Agreement by notice to the agency in writing within ten (10) days of receipt, constitutes acceptance of all the terms of the Contractual Rate Agreement. The terms and conditions may not be unilaterally modified by the SERVICE PROVIDER. After ~ said 10-day period in which no written rejection notice has be received by the agency, the terms and conditions of the Contractual Rate Agreement become binding on the parties. ; The SERVICE PROVIDER agrees to comply with all UFF policies and procedures, where applicable. The SERVICE PROVIDER's failure to perform in accordance with the term of this agreement shall be grounds for termination ' thereof. ACCREDITATION: UFF is committed to ensuring the provision of the highest quality services to its clients. Accordingly, I UFF has expectations that where accreditation is generally accepted nationwide as a clear indicator of quality service, SERVICE PROVIDERs will either be accredited, have a plan to meet national accreditation standards, or will initiate one ~ within a reasonable period of time. Once acquired, evidence of such accreditation, and renewals, shall be provided to the UFF Contract Manager. AMENDMENT OR MODIFICATION: This contract may be amended or modified in writing as mutually agreed upon by both parties. Modifications of service provisions to this contract shall only be valid when requested in advance by the service provider, mutually agreed upon by both parties and approved by contract management or designee. i ANNUAL APPROPRIATIONS: The agency's obligation to pay under this Contractual Rate Agreement is contingent upon an annual appropriation by the legislature contracted to the Lead Agency. CERTIFICATION REGARDING DEBARMENT SUSPENSION INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SUBCONTRACTS: This certification is required by the regulations implementing Executive ~ Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 i Federal Register (52 Fed. Reg., pages 20360 - 20369). Each SERVICE PROVIDER whose contract/subcontract equals or ~ exceeds $25,000 in federal moneys must sign this certification (ATTACHMENT III) prior to execution of each contract. Additionally, SERVICE PROVIDERs who audit federal programs must also sign, regardless of the contract amount. The Department of Children and Families and UFF cannot contract with these types of SERVICE PROVIDERs if they are debarred or suspended by the federal government. II ; CIVIL RIGHTS REQUIREMENTS: The SERVICE PROVIDER agrees not to discriminate against any employee in the performance of this Contractual Rate Agreement or against any applicant for employment because of age, race, religion, color, disability, national origin, marital status or sex. The SERVICE PROVIDER further assures that all contractors, subcontractors, , subgrantees, or others with whom it arranges to provide services ar benefits to participants or employees in connection with any I of its programs and activities are not discriminating against those participants or employees because of age, race, religion, color, disability, national origin, marital status or sex. This is binding upon the SERVICE PROVIDER employing fifteen (15) or ~ more individuals. If applicable, the SERVICE PROVIDER shall complete the Civil Rights Compliance Questionnaire, CF , Forms 946 A and B(EXHIBIT C), in accordance with CFOP 60-16. ! CONFIDENTIALITY OF CLIENT INFORMATION: The SERVICE PROVIDER agrees to not use or disclose any information concerning a recipient of services under this agreement for any purpose prohibited by state or federal laws or , regulations (except with the written consent of a person legally authorized to give that consent or when authorized by law). I 2 I, ST LUCIE COUNTY DRtiG SCREENING LAB UA958-ANCILLARY DISPUTE RESOLUTION: The SERVICE PROVIDER agrees to adhere to LJFF's complaint and grievance procedures, as it is related to this contract. These types of issues shall first be discussed with the LTFF Contract Manager. If the complaint cannot be resolved initially, then the SERVICE PROVIDER must submit the complaint, dispute, or grievance in writing to the assigned UFF Contract Manager who will attempt further resolution. If the UFF Contract Manager is unable to resolve the complaint, the complaint will be elevated to UFF's Senior Management Team. If the issue cannot be mutually satisfactorily resolved at this level, it will be elevated in accordance to UFF's CEO, where an attempt to resolve the complaint will be made. SERVICE PROVIDER and UFF shall make every reasonable attempt to resolve any dispute arising under this contract between them. ~I Both parties recognize that resolution of all disputes without third party intervention is most desirable. Should SERVICE PROVIDER and UFF not be able to resolve any dispute arising under this contract after forty-five (45) calendar days of discussion, both parties may suggest additional mediation as a means to resolve the dispute. EMERGENCY PREPAREDNESS: If the tasks to be performed pursuant to this Contractual Rate Agreement include the ~~j physical care and control of clients, the SERVICE PROVIDER shall, within thirty (30) calendar days of the execution of this contract, submit to the UFF Contract Manager an emergency preparedness plan, which shall include provisions for pre-disaster I 1 records protection, alternative accommodations for clients in substitute care, supplies and a recovery plan that will allow the SERVICE PROVIDER to continue functioning in compliance with the executed contract in the event of an actual emergency. UFF agrees to respond in writing within thirty (30) calendar days of receipt of the plan accepting, rejecting or requesring modifications. In the event of an emergency, UFF inay exercise oversight authority over such provider in order to assure implementation of agreed emergency relief provisions. GOVERNING LAW: If this contract contains federal funds, the SERVICE PROVIDER shall comply with the provisions of 45 CFR, Part 74, and/or 45 CFR Part 92. If this contract contains federal funds and is over $100,000, the SERVICE PROVIDER shall comply with all applicable standards, orders or regulations issued under section 306 of the Clean Air Act, as amended (42 U.S.C. 7401 et seq.), section 508 of the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 30) and Public Law 100-690, the Drug Free Workplace Act of 1988, and any ' modifications thereto. The SERVICE PROVIDER shall report any violations of the above to LJFF. GRATUITIES: The SERVICE PROVIDER agrees that it will not offer to give or give any gift to any UFF employee. As part of the consideration for this contract, the parties intend that this provision will survive the contract period of two (2) years. In addition to any other remedies available to LJFF, any violation of this provision will result in referral of the SERVICE I~ PROVIDER's name and description of the violation of this term to the Department of Management Services for the potential I I inclusion of the SERVICE PROVIDER's name on the suspended vendors list for an appropriate period of time. i~~ GRIEVANCE SYSTEM: iJFF shall maintain a grievance procedure for clients, their families, custodians and guardians. The SERVICE PROVIDER shall, in accordance with the UFF's Quality Management Plan, ensure that all grievances and appeals are processed fairly and timely. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY (HIPAA): Where applicable, the SERVICE I PROVIDER agrees to comply with the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d.) as well as all I regulations promulgated thereunder (45 CFR Parts 160, 162, and 164). I INCIDENT REPORTING AND CLIENT RISK PREVENTION: If services to clients are to be provided under this contract, the SERVICE PROVIDER shall, in accordance with the LTFF ualit Mana ement Plan re ort critical incident information to Q Y g , P ensure child safety and to prevent future risk using the Incident Reporting Form, to be accessed via the web at ~I https://uff.us/intranet/icgFormrrigr.php (see EXHIBIT F for reference). The SERVICE PROVIDER will immediately report knowledge or reasonable suspicion of abuse, neglect or exploitation of a child, aged person or disabled adult to the Florida Abuse Hotline on the statewide toll-free telephone number (1-800- ' 96ABUSE). As required by Florida Statutes Section 39 and 415, this provision is binding upon both the SERVICE PROVIDER and its employees. INDEMNIFICATION: To the extent allowed by law, the SERVICE PROVIDER shall be liable for and indemnify, defend ' and hold United for Families and all of its officers, agents, and employees harmless from all claims, suits, judgments, or ~ I 3 ~ ST LL`CIE COUNTY DRUG SCREENINC LAB ~ UA958-ANCILLARY damages, including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by the SERVICE PROVIDER, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof. INFORMATION SYSTEMS/ SECURITY OBLIGATIONS: The SERVICE PROVIDER will ensure that all SERVICE ' PROVIDER employees who have access to UFF and/or DCF information are provided a copy of CFOP 50-6 and sign the DCF Security Agreement Form (CF 114) annually (EXHIBIT B). The SERVICE PROVIDER will identify an appropriately skilled individual to function as its data security officer. The ; SERVICE PROVIDER will supply to the UFF Contract Manager, within thirty (30) days of contract execution, the names, title, ~ e-mail and telephone number of the SERVICE PROVIDER's security officer, and in the event the security officer personnel I member changes, the SERVICE PROVIDER will immediately notify the LJFF Contract Manager, via e-mail, witb the new i contact information of the new security officer. This security officer shall act as the liaison to UFF's security staff and will maintain an appropriate level of data security for the information the SERVICE PROVIDER is collecting or using in the { performance of this contract. This includes ensuring that all SERVICE PROVIDER personnel members associated with this ! contract sign the Security Agreement form, when applicable, approving and tracking all SERVICE PROVIDER employees that ~ request system or information access and ensuring that user access has been removed from all temunated SERVICE ' PROVIDER employees. The SERVICE PROVIDER shall appropriately utilize any and all information systems required by DCF or UFF. The SERVICE PROVIDER shall maintain data integrity in each of the systems, update the required information as required, and ~ abide by DCF and UFF data security policies and procedures. ~ INSURANCE: The SERVICE PROVIDER agrees to provide continuous adequate liability insurance coverage during the , existence of this Contractual Rate Agreement and any renewal(s) and extension(s) of it. By execution of this Contractual Rate Agreement, unless it is a state agency or subdivision as defined by subsection 768.28(2), F.S., the SERVICE PROVIDER , accepts full responsibility for identifying and determining the type(s) and extent of liability insurance necessary to provide reasonable fmancial protections for the SERVICE PROVIDER and the clients to be served under this Contractual Rate ~ Agreement. Upon the execution of this Gontractual Rate Agreement, the SERVICE PROVIDER shall furnish UFF with written I verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State of Florida. The SERVICE PROVIDER is a ~i political subdivision of the State of Florida and is self insured for liability. UFF reserves the right to require additional ~I insurance. ' PROFILING & CREDENTIALING: The SERVICE PROVIDER shall have thirty (30) calendar days from the execution of this contract to complete the UFF Provider Profiling and Credentialing System (a/k/a Profiler). The profiler system can be i found at www.uff.us/providers.php. j PUBLIC ENTITIES CRIME5: In accordance with Chapter 287.133 (2) (a), a person or affiliate who has been placed on the convicted SERVICE PROVIDER list following a conviction for a public enrity crime may not submit a bid on a contract to provide services to a public entity or its agent, may not submit a bid on a contract with a public entity or its agent for the construction or repair of a public building or its' agent, may not submit bids on leases of real property to a public entity or its agent, may not be awarded or perform work as a contract, supplier, subcontractor, or consultant und a contract with any public ! entity or its agent and may not transact business with any public entity or its agent in excess of the threshold amount provided in United for Families Purchasing Policy 1009 for CATEGORY TWO for a period of 36 months from the date of being on the , convict list. I RECORDS ACCESS, MONITORING AND RETENTION: The SERVICE PROVIDER shall establish, maintain, and retain ~ 'sufficient records (all client records, financial records, supporting documents, statistical records, and any other documents i [including electronic storage media] pertinent to this Contractual Rate Agreement) sufficient to reflect all income and expenditures of funds provided by UFF under this Contractual Rate Agreement, and sufficient to demonstrate SERVICE PROVIDER's , compliance with the terms of this Contractual Rate Agreement. Furthermore, the SERVICE PROVIDER shall comply with all of the Florida Statewide Advocacy Council and the Florida Local Advocacy Council's requirements by allowing access to records of clients and the ability to make use of, unless otherwise protected by law, all client records, files and reports in any program, service or facility that is operated, funded, licensed or regulated by DCF, or its duly authorized contractor UFF, for the purposes of investigations and monitoring. , 4 ~ ST LUCIE COUNTY DRL'G SCREENING LAB UA958-ANCILLARY The SERVICE PROVIDER shall permit, at no additional cost to UFF, persons duly authorized by UFF to access, inspect and copy any records, papers, documents, facilities, goods and services of the SERVICE PROVIDER which are relevant to this Contractual Rate Agreement, and to interview any clients, employees and subcontractor employees of the SERVICE PROVIDER to assure UFF of the satisfactory performance of the terms and conditions of this Contractual Rate Agreement. SERVICE PROVIDER agrees to comply and cooperate immediately with any and all UFF (or authorized designee) monitoring, inspections, reviews, investigations, or audits deemed necessary by UFF. Following such review, UFF will deliver to the SERVICE PROVIDER a written report of its findings and request for development, by the SERVICE PROVIDER, of a II corrective action plan, where appropriate. The SERVICE PROVIDER hereby agrees to timely correct all deficiencies identified ~~'i in the corrective action plan. SERVICE PROVIDER understands that corrective action plans may be required for noncompliance, nonperformance or unacceptable performance under this contract. SERVICE PROVIDER further understands that penalties may be imposed for failures to implement or to make acceptable progress on such corrective action plans. So, non compliance involving service provision which does not have a direct effect on client health or safety shall result in the imposition of a five percent (5%) damage amount. Non compliance as a result of unacceptable performance of administrative tasks shall result in the imposition ~ of a two percent (2%) damage amount. SERVICE PROVIDER agrees to submit to UFF an annual financial and compliance audit and to ensure that all related party transactions are disclosed to the auditor (see ATTACHMENT II). SERVICE PROVIDER shall retain all recards for a period of six (6) years after the completion of this Contractual Rate ~~~~i i~greement. If an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall 'I ~e retained until resolution of the audit findings or litigation. The SERVICE PROVIDER shall, at no additional cost to UFF, facilitate the duplication and transfer of any records or documents during the required retention period upon UFF's request, and the SERVICE PROVIDER shall ensure that audit working papers are made available to UFF, or its designee, upon request, for a period of three (3) years from the date the audit report is issued, unless extended in writing by LJFF. RENEWAL: This Contractual Rate Agreement may be renewed for an additional twelve (12) consecutive months, subject to the SERVICE PROVIDER's adherence to tl~e conditions~ specified in tbis Contractual Rate Agreement, needs of UFF, and . . ~ availabilit of fund . An r wal will y s y subsequent ene s require a modification of the fee schedule set forth m ATTACHMENT I of this Contractual Rate Agreement. I SPONSORSHIP: If the SERVICE PROVIDER is a non-governmental organization, which sponsars a program financed wholly or in part by United for Families, including any funds obtained through this contract, it shall, in publicizing, advertising, I or describing the sponsorship of the program, state: Sponsored by (SERVICE PROVIDER's name) and United for Families. TERMINATION: This contract may be terminated with ar without cause by either party giving tl~irty (30) days written notice ~ to the other party. However, this contract may be terminated or suspended by UFF without notice if IJFF determines that SERVICE PROVIDER poses a risk of danger to any client, or if LTFF's contract with DCF is terminated. In the event that this II contract is terminated, regardless of the circumstances of termination, SERVICE PROVIDER shall continue to serve any clients II receiving services from SERVICE PROVIDER prior to the termination notice for a maximum of (180) days after receipt of I such notice in arder to allow for an appropriate transition of such clients to other SERVICE PROVIDERs with minimum I 3isruption in service delivery. During such transition period, SERVICE PROVIDER and UFF will continue to operate in II accordance with the terms of this contract, which shall remain in effect until all invoices are resolved and all final payments ~ have been made to SERVICE PROVIDER. Confidentiality, Records Access, Audits and Retention, and Indemnification shall survive the termination of this contract. ~ ~ TESTIMONY: The SERVICE PROVIDER shall provide, without additional compensation, as a normal and necessary part of the services to be performed under this contract, expert andlor other testimony, including provision of written reports, records and/or exhibits, at the request of UFF, DCF or the courts as indicated periodically. ~ USE OF FUNDS FOR LOBBYING PROHIBITED: The SERVICE PROVIDER agrees to comply with provisions of Sections 11.062 and 216.347, F.S., which prohibit the expenditures of contract funds for the purpose of lobbying the Legislature, judicial branch, or a state agency. Each SERVICE PROVIDER must sign this certification (ATTACHMENT IV) ' prior to execution of each contract. I I 5 ; ST LUCIE COUNTY DRUG SCREEN[NG LAB UA958-ANCILLARY ' ATTACHMENT I I, A. SERVICES TO BE PROVIDED 1. DEFINITION OF TERMS j a. General Terms For the definition of words commonly used in this agreement, please refer to the UFF Glossary of Contract Terms, which by reference is incorporated in this contract. A copy of this Glossary is available from the UFF Contract Manager by request. ! b. Program or Service Specific Terms ~ (1) Client (svnonymous with recipients and persons who are receiving services): Any individual who is receiving services in any substance abuse or mental health program whose cost of care is i paid, in part or in whole, by UFF, Medicaid, or local match. (2) Chain of Custody: A legal term that refers to the ability to guarantee the identity and integrity of ' the specimen from collection through to reporting of the test results. (3) Observed Drug Screenin~: A urine specimen collection witnessed by a staff inember of the SERVICE PROVIDER. The client must be physically observed while providing the specimen. The specimen receives a full panel screening for eleven (11) types of illicit substances, with , additional validity tests completed for creatinine and specific gravity levels. ~ 2. GENERAL DESCRIPTION The SERVICE PROVIDER shall be responsible for providing substance abuse services to adult caregivers I referred by UFF via dependency case management resource specialists and/or by the Department of Children ~ and Families (DCF) protective investigators. ~ 3. SCOPE OF SERVICE SERVICE PROVIDER agrees to provide the following services as outlined below: I a. Full panel Observed Drug Screens [screened for eleven (11) rypes of illicit substances, with additional validity tests completed for creatinine and specific gravity levels] ~ 4. CLIENTS TO BE SERVED ~I, The SERVICE PROVIDER shall serve adult caregivers of children at risk of abuse, neglect andlor I abandonment who are referred by UFF via dependency case management resource specialists and/or by the ~ Department of Children and Families (DCF) protective investigators. A client must have photo identification and a chain of custody form (EXHIBIT E) with tbem before the SERVICE PROVIDER will provide service. The form will be filled out and signed by client at time of actual specimen collection. ~i, 5. CONTRACT LIMITS This Contractual Rate Agreement does not allow the SERVICE PROVIDER to subcontract for the provision ~ of any services under this contract without prior written approval of UFF. ~i B. MANNER OF SERVICE PROVISION I~ 1. SERVICE TASKS I a. Task List & Limits I (1) The SERVICE PROVIDER agrees to collect urine specimens, document chain of custody, conduct ! drug screens and report results for clients' drug tests to the respective UFF case management , resource specialist and/or DCF protective investigator within forty-eight (48) hours. ' 6 . i ST LUCIE COUNTY DRUG SCREENING LAB , I UA958-ANCILLARY ~ I (2) The SERVICE PROVIDER agrees to collect urine specimens, document chain of custody, conduct ' drug screens and report results for clients' drug tests to the UFF dependency case management ~ resource specialist and/or DCF protective investigator. ' i (3) The SERVICE PROVIDER is required to report the results via secure fax of the drugs screens to: Case Management Resource S ecialists ~ I~ Martin: St. Lucie: Indian River: Okeechobee: UFF / UFF/ UFF/ UFF/ Children's Home Society Family Preservation Children's Home Society Children's Home ~ 3465 SE Willoughby Services of FL, Inc. 1436 C Old Dixie Society ' Blvd. 121 N. 2nd Street; Suite Highway 1690 NW 9th Avenue Stuart, Florida 34994 301 Vero Beach, FL 32960 Okeechobee, FL 34972 Office: 772-223-2550 Fort Pierce, FL 34950 Phone: 772-770-6710 Pbone: 863-462-5753 ' Fax:772-223-2639 Phone:772-429-2100 Fax:772-770-6739 Fax:863-462-5205 Email: CTS MC(a~,uff.us Fax:772-464-0087 Email: CTS IRC~cuuf£us Email: EmaiL CTS SLC a~uff.us CTS OK uf£us 2. STAFFING LEVELS UALIFICATIONS & CHAN E G S ~Q ~ ~ a. The SERVICE PROVIDER shall maintain an ade uate level of staff and ro erl trained screened an d q ~ P P Y ~ , certified staff (administrative and programmatic) to meet the contractual responsibilities and in i~! compliance with all applicable administrative rules and statutes. Moreover, in order to prevent business ~ I interruption, the SERVICE PROVIDER must maintain adequate staff coverage to ensure no deficiency I' Ili or gap in any UFF required service delivery aspect exists on a daily operating basis or an emergency need basis. b. The SERVICE PROVIDER shall notify the UFF Contract Manager in writing at least fourteen (14) days ;~~I, prior to a vacancy, and, upon SERVICE PROVIDER's receipt of notice of an anticipated vacancy of the " Executive Director, Program Director or significant staff to the provision of contractual service, the SERVICE PROVIDER shall provide the name of the interim contact person or permanent replacement. 3. DELIVERABLES ~ a. Serv~ce Units ~ A service unit, for purposes of this contractual rate agreement, shall be constituted as a complete screening or verification of a positive screening administered to a UFF/DCF referred client. , 4. SERVICE LOCATION & TIMES ~ a. Service Delivery Location li (1) The SERVICE PROVIDER shall administer services in the following Florida county(ies): St Lucie County ~ (2) The SERVICE PROVIDER's service delivery location(s) is as follows: I ~ St Lucie County Drug Screening Lab I 218 S 2"d Street Room 228 Ft Pierce, FL 34950 ! 772-462-6739 ' (3) The SERVICE PROVIDER's administrative location(s), where financial records and ' administrative records will be maintained, is as follows: St Lucie County Drug Screening Lab 2300 Virginia Ave Ft Pierce, FL 34982 7 I ST LUCIE COUNTY DRUG SCREENING LAB ~ UA958-ANCILLARY (4) The SERVICE PROVIDER's desi~nated ~oint of contact far this contract will be: ~ Mark J. Godwin, Criminal Justice Coordinator b. Service Times (1) The days and times for service delivery shall be defined as: Monday through Wednesday and Friday from 8:30 a.m. to 4:30 p.m. and Thursday from 8:30 a.m. to 6:45 p.m. (2) Administrative offices shall be open Monday through Friday, from 8:00 a.m. to 5:00 p.m. (3) In the event of an emergency, critical incident, natural or man made disaster the SERVICE PROVIDER will notify UFF immediately of any changes in times, location, or method of service delivery. c. Changes in Location ' The SERVICE PROVIDER shall notify the UFF Contract Manager, in writing, at least thirty (30) ; calendar days in advance of any change in street address or mailing address of the SERVICE ' PROVIDER's administrative or service location office(s). All other changes in administrative functions, phone or fax, shall be provided, in writing, within twenty-four (24) hours of the change. ~ C. METHOD OF PAYMENT 1. PAYMENT SYSTEM ' a. Payment Clause - Fixed Price (Unit Cost) Method of Payment This is a fixed price (unit cost) contract. UFF shall pay the SERVICE PROVIDER for the delivery of % service units provided in accordance with the terms of this Contractual Rate Agreement for a total dollar , amount not to exceed $7,000.00, subject to the availability of funds. b. Service Units Fixed Price (Unit Cost) Method of Payment Chart UFF agrees to pay for the service units at the unit price(s) and limits listed below: ; i PROJECTED I, UNIT MAXIMUM TOTAL ~ SERVICE RATE NUMBER OF UNITS (Units x Rate) ' Full Panel Observed Drug Screening $20.00 350 $7,000.00 ~I [screened for eleven (11) types of illicit substances, ~ with additional validity tests completed for creatinine and s ecific ravit levels , 2. INVOICE REQUIREMENTS , a. The SERVICE PROVIDER shall request payment on a monthly basis through submission of a properly ' completed invoice (EXHIBIT A), within ten (10) calendar days following the end of the month for which payment is being requested. i 'I b. Invoices shall be submitted to: United for Families, Inc. ' Attn.: Contract Manager ' 10570 S. Federal Highway, Suite 300 Port St. Lucie, Florida 34952 c. United for Families' decision to reduce or withhold funds shall be in writing and submitted to the , SERVICE PROVIDER. The written notice will specify the manner and extent to which the SERVICE PROVIDER failed to comply with the terms of the agreement. d. UFF shall provide notice to SERVICE PROVIDER of any invoice requiring correction or documentation I' within five (5) business days of receipt of such invoice. SERVICE PROVIDER will then be permitted 8 . i ST LUCIE COUNTY DRUG SCREENING LAB I UA958-ANCILLARY ! up to three (3) business days from the notification date to correct deficiencies, so invoice can continue processing in accordance with regular timeframes. However, if needed, SERVICE PROVIDER shall ~ have thirty (30) calendar days from the time of notification by UFF to correct problems with its invoices. Final invoice for the contract period is to be submitted by the SERVICE PROVIDER to UFF no more than forty-five (45) days after the contract ends ar is terminated. If the SERVICE PROVIDER I I fails to do so, all rights to payment are forfeited and LTFF will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld by UFF until all reports due from the SERVICE PROVIDER, and necessary adjustments thereto, have ~ I been approved by LTFF. e. With the exce tion of a ment to health care service roviders for hos ital medical or other health care P P Y P P , , services, and in accordance with UFF policy, UFF will issue payment to contracted SERVICE ~I PROVIDERs within thirty (30) business days, measured from the latter of the date either the goods or ~ services are received or the date the invoice is received, inspected, and approved for processing. 3. DOCUMENTATION OF EXPENDITURES Documentation of all ex enditures incurred under this contract shall be maintained b the SERVICE ~ P Y . . . . . . . . PROVIDER n i u m r a d s s b ect to be e uested or reviewed b FF U at an i t me dunn this contract enod. J g q Y Y g p Expenditures should be made in accordance with applicable State and Federal Rules and Laws and be I; ' directly related to this contract. Expenditure reviews may result in an increase/decrease of the contract amount in the current or future contract year(s). i I 4. SLIDING FEE SCALE In accardance with F.A.C. 65E-14.018, the SERVICE PROVIDER, where applicable, shall: a. Develop an annual sliding fee scale that applies to persons for services that are paid far by state, ~I I~ federal, or local matching funds who have an annual gross family income at or above 150 percent of the Federal Poverty Income Guidelines. The sliding fee scale does not apply to services paid for by Medicaid. ~ b. Make a determination of ability to pay in accordance with the sliding fee scale for all clients seeking substance abuse and mental health services. Payment of fees shall not be a pre-requisite to treatment or the receipt of services. ~I I c. Inform clients and responsible parties of the state laws that require the assessment and collection of ' ~ fees. ' I d. Require persons meeting the criteria listed below to contribute to their treatment costs consistent I with the rovisions in Section 409.212 F.S.: P ~ I (1) Persons who receive optional supplementation payments or are receiving a supplemental security income check. 2 Persons d rmin 1' ' ete ed to be e i ible for o tional su lementation b the De artment. g P PP Y P (3) Persons who meet program eligibility criteria for assisted living facilities, foster care family placements, long-term residential care, or any other special living arrangements. e. Require persons who are involuntarily admitted for substance abuse treatment and mental health examination pursuant to Sections 397.675 and 394.463, F.S., to contribute to the cost of care in I accordance with the sliding fee scale, unless charging a fee is contraindicated because of the crisis ~~i situation. The SERVICE PROVIDER shall inform the client and responsible party when the fee has been waived and shall document such circumstances in the client's file. ' f. Have written procedures for determining annual gross family income for the purpose of assessing, billing and collecting client fees. I, 9 ' ST LUCIE COUNTY DRUG SCREENING LAB UA958-ANCILLARY (1) Current income, from either part-time or full-time employment, received by an adult client and all other adult family members of the household, including the spouse, is derived by , multiplying: (i) An hourly wage by 2080 hours (for part-time employment use anticipated annual hours); or , (ii) A weekly wage by 52 weeks; or (iii)A biweekly wage by 26 weeks; or (iv)A monthly wage by 12 months. g. Accept the client's statements related to income and family size at the initial assessment. h. Recognize fee liability exceptions, whereas the following parties shall not be liable for payment of fees: (1) Parents of minor clients, when the client has been permanently committed to the Department and parental rights have been permanently terminated. (2) Parents of a minor child, when the child has requested and is receiving services without ' parental consent. Additionally, the SERVICE PROVIDER understands that they will retain fees collected for services rendered, deduct them from the invoicing to UFF, and use these funds to support the provided service. D. SPECIAL PROVISIONS L In accordance with s. 402.181, F.S., the SERVICE PROVIDER may file claims with the Department of , Legal Affairs at its office in accordance with regulations prescribed by the Department of Legal Affairs far the purpose of making restitution for property damages and direct medical expenses for injuries caused by foster children. 2. In accordance with Chapter 402, F.S., the SERVICE PROVIDER shall comply with all of the Florida Statewide Advocacy Council and the Florida Local Advocacy Council's requirements by allowing access to recards of clients and the ability to make use of, unless otherwise protected by law, all client records, files and reports in any program, service or facility that is operated, funded, licensed or regulated by the department for the purposes of investigations and monitoring. 3. The SERVICE PROVIDER shall comply with s. 402.24, F.S., for Recovery of third party claims for medical services. ' 4. The SERVICE PROVIDER shall comply with s. 402.17, F.S., for claims for care and maintenance; trust ' property. 5. The SERVICE PROVIDER has no standing to apply for or to retain Social Security, SSI, or any other benefits for any foster care child for which the Department or UFF has legal standing to receive benefits as representative payee or by order of the court. Any such benefits that may be received by the SERVICE PROVIDER shall be paid to the Department or UFF as the legally constituted representative payee on behalf of any such child. 6. The terms and conditions of the current Department of Children and Families Community-Based Care Agency (CBC) Services Contract, and any subsequent amendments that are applicable to subcontractors, are incorporated herein by reference and made a part of this agreement. In as much as this agreement is in part fulfilling obligations arising out of the CBC Services Contract, in the event of a conflict between the terms of this agreement and the CBC Services Contract, the terms of the CBC Services Contract shall control. A copy of the CBC Services Contract will be provided to the SERVICE PROVIDER upon request. 7. Fees - No fees shall be imposed by the SERVICE PROVIDER or subcontractors other than those set by the Department or UFF and described in the current State of Florida Title XX Pre-Expenditure Report. Fees 10 . I ~ ST LUCIE COUNTY DRliG SCREENING LAB II UA958-ANCILLARY ~I I collected in compliance with the aforementioned report shall be disposed of in a manner authorized by the Department or UFF. 8. Third Party Payments - The funding available in this contract is for services excluding all successfully billed third party payments, including but not limited to, Medicaid. Supporting documentation of aggregate third party collections shall be available at the SERVICE PROVIDER's location or at the subcontractor's ~ locations for inspection by the Department or UFF. I 9. Medicaid Services - UFF shall not pay for Medicaid-eligible behavioral health services with this contract's ~ funds. Services that are allowable to be billed under the Medicaid Community Behavioral Health Services ' Handbook, herein referenced, are not allowed to be billed under this contract. ' 10. Signatory Authority -Only the personnel members listed on the UFF signatory autharity form (EXHIBIT D) will be considered authorized personnel to sign for contract related items or invoice I submissions for payment. If SERVICE PROVIDER signatory authorities change at any time, this I information must be provided immediately to the UFF Contract Manager. ' ~ 11. Licensure - The SERVICE PROVIDER represents and warrants that, for the duration of this contract, the SERVICE PROVIDER will remain duly licensed and/ar certified in accordance with the laws of the State of Florida and, as applicable, for the provision of services to clients. The SERVICE PROVIDER ! shall provide evidence to UFF of any license and/or certification that is required by law to permit the ' SERVICE PROVIDER to provide the services covered by this contract. , 12. UFF Determinations - Final authority in all disputes related to this contract rests solely with UFF. This ~~I includes, but is not limited to, client eligibility, data collection, monitoring, payment and reporting. UFF reserves the exclusive right to make certain determinations. The absence of UFF setting forth a specific reservation of right does not mean that all other areas of the contract are subject to mutual agreement. ' UFF reserves the exclusive right to make any and all determinations which it deems are necessary to protect the health, safety and welfare of the clients which are served by UFF either directly or through ~ any one of its contracts SERVICE PROVIDERs. UFF reserves the right to determine satisfactory performance of the SERVICE PROVIDER in carrying out tasks and completing deliverable specified in this contract through review of status reports on deliverables and reports on service tasks to be submitted by the SERVICE PROVIDER and programmatic monitoring conducted by UFF. , 14. FSFN-The SERVICE PROVIDER will utilize the Florida Safe Families Netwark system as the information system of record for all dependency client information. All SERVICE PROVIDER direct care staff will be trained and, subsequent to training, will utilize FSFN as the central portal for case file updates (i.e. chrono notes, etc.) within the 2008-2009 fiscal year. ' 13. Option to Extend - LTFF inay extend the terrn of this contract by written notice to the SERVICE PROVIDER priar to expiration of the current contract period. The total duration of this contract, ' including the exercise of any options under this respective clause, shall not exceed three (3) years. The SERVICE PROVIDER's obligation for performance of this contract beyond the expiration date is contingent upon the availability of funds from which payment for contract purposes can be made and UFF's satisfaction of the SERVICE PROVIDER's fiscal and programmatic performance. No liability on the part of LTFF for any payment may arise for performance under this contract beyond the stated term II dates within this contract, until a formal extension is granted in writing by UFF's Contract Manager. E. LIST OF EXHIBITS ' EXHIBIT A: Invoice Form ' EXHIBIT B: Security Agreement Form EXHIBIT C: Civil Rights Compliance Form ' EXHIBIT D: Signatory Authority Form EXHIBIT E: Chain of Custody Sample Form j EXHIBIT F: Incident Reporting Form 11 i ST LUCIE COUNTY DRUG SCREENING LAB UA958-ANCILLARY EXHIBIT A ' INVOICE FORM INVOfCE AN~ CLJENT LOG FOR ANCtLLARY SERVICES ;icc~; scl humtcr ~JrP58 4'end~r R S~3~cl'l'+~3"!G 5=R ~,_:E Piv.:dr- S: Laae ~=trr~v aru~crc¢r~~r ~~,aG I . : i.3C0 S'igi'118 F4d ~ ~:~~1 ~:='et..n, h'L 3tEttZ ~ - ~ele4:~'er~ h~~n ^2-ai3 -t'~ Ir:r~'.t 3r~d r_ innt l~~ lcrrie ~dCNrH ~I; i . _ I I 'u k+~;z~~rp~'.»J t~r ?61R5 i - , _ - - ~ ~ ; ~ ~ ; ~ ' i Ca-F'a73 Re~dared ~ ~ ; C~»an~ Daw pt ' ~ 7ypE~ ui CtlKe Glle ; Ctient InA?u: Mon2hly Ga3's LJntt GYst By G~ns i,tf ~ ~ Cnc~tt 1Jq+pp 8irth i aaicCsa c? Ser~Yco i 5nrWico(s} IC Y ~at Homa ~ti'(?) 6ro•+~led P.s~ 90rv1iv x~plksi~ltl 'fataf Caat ~ : . ` ~ v ~ I ~ j ~ i ~ ~ .r.. r I I ~ i J.'vG ~ , , . _ : ~ ;r~.Gr, ~ ~ . ` , _ ~ ~ ;a.~e _ _ ~ ~ fo.ac ; _ _ - ! sxt,srs ~ _ - ~ r____. _ ~4:.~ . . _ - . ~ Sl:°~C ~ _ ~ ; :4:~C - - ~ . . ;4;JC~ . . ~ . ..,.....~0 ~ ~ ~ ~ { i , #0_7c~ I - , _ ~ i f o.ac _ ~ _ ~ ~ i , 3~_~~ ' I ~ - - a- , E I ~ ` ! S~_iu . _ f E i SQ Od , ~ ` _.mw ~ ~ ` ~ ; 3It 9:~ ~ , _ - ; I I ;o aa _ ~ ~ ` ~~~o~ J i - i j 1 fe_u~ ` i _ ~ ~ 7a1it j I A::ic art I , a.ct,AC±aa; 3Q.~U~ ' F caY~try il~fi ~besrr~ lu lrs~ tnrtee4 In apr~ent v~+fh Wn aQertcj•`s rvcarJz antl with 7ha ta~rma etlt+a s~:ram~.arl v.idl Jf~ifca ~f f~~Ri11~B. nrsC. SubrrCiCr~ bV: . $Yanatcro Til~ l7a:e ~ L':3N id~ T:+iE FGILp'idltJC~ F"RS~.^,V F .r'.=2'.'~1~`1G ~E =:~E~?~:'d~-fi~.'_J C~f TI`='S U1ict!": ~ ~tlFeC~~T TelnFhrr.tir tv~mb.s +ir~?a . . _ _ . . . . . € , FaR UI<tTED FtaR Ff~NP IES JSE OM1tY: ~OR I1k~YE] FDR FAMtM.tEB USE ONLY: ~ { COyTRACT A1AN,W LMCN T I~inAVC E Lxa Ir~:oKC R¢enien~ -uU Acc~uec `.,°.yirie ~ r~i:;d N~lcral ~::t:'unY ~ 1 F;~Afv++~d f~~ {fi~pr:vcJ A~r.a~nt f Fa~c~nt Bp: _ ~ - I ~P~Ft;w~] far F'ayrncNt; DY ~~Aala R~ac~=~ae ~ - ~L~a[a AG~'taoy I _ _ . . 1 2 ST LUCIE COUNTY DRUG SCREENING LAB IIII UA958-ANCILLARY ,I EXHIBIT B SECURITY AGREEMENT FORM ~ ~ ~ . i E: ~ ; ~ v ~ K~_- ~ SE~I~Rt~`Y A ' GRE~M~NT ~C~R~1 ~ I~~;1° D~j.~~tt?1~E~1?i 4f f_:f?II(~I't'.7 ~llld F~?'lll~l~~~ h~aS ~U_I1C1'1Z1.'J J4L1: ~ i ~ i ~~~in:~yr.o's l:~~nn!OrV~nic~-ia~s ~ , t+~ ;o,~t~~. acc~a~ wcn_:;t+4~c tl~t~z tt~rougl~ t1:4 i.^~~ ef c~r*~p~Rter-rr_.I~tnd ri~r~:i~ r~ ,~rinrec! rr~~nrt; ; il, ' mirrctiche, sy~trir~ inqt~;ry, or-line u~:date, ~~r ~-~~y m~:~rietic m-r_cl~~j. i Cc~r~i~~cter ciiiiie~~ :ar~ vir~1~•'.icu? ~jf :t~e c~e~~_~rt_r~~i~nc'_~ SCai~cl~~rci~ of ~Uf1C~Ul:~ ~~nr~. in :~~i<J;ti>>n t~.~ j'' ;!:~'j?~f'fIT:°l1t~I CIlr~if7ilf"~c?~ tl~t? ft]Il'I'IISSIQfI ~.-~t GOlll~]UCCI' CTI'7lES 171C1~ `C3EJ~t 1~1 ~ E'?jL'f~l~ i.jPl4llUf .~.~i~il~~' I ~e(r~~15/ Gllfilift~'-i i:fl~if~C~_ . ; ' fi) I i~nd~rst~r~d tJ~~~t ~,er~ari~},~ va~t.,t~:~r~ may rt~~~~~t it~ r;ir'~~ial p~'osc~=:~tic~n ~c;rc~ ;;~ic~ I ;E ~.r3vi.5ion::, a` Fec~eral ~a.id tit~~te 5:~:~~~t~s 3iid o~:_~y z~lso re~~~~ilE i~i c3a5t±FtilllF~df'}r ~ttir~i; ~1y~~lrtsl tTle I ; a~~~;~r~~in~ ;o t;7c ~~c~~~r:i~~crit~s ~r~~~dari[:;- ~f C~.~ncs;.ict in tt-e Cm~~l+JS/e~: "a~idh~:t~~c. i'. 13y~ rr~~~+ sir~~atUre I~~lo~~v, I ar_rc~ic5ti~:te~it~E tf~~it I ha~.~e !~eceivc.3ci, r~ad, tin:i~r~;E~i~c tir;rJ at~rte~ tc~ I~~; I!, 'I ~~~~t~rc~ t3y :he f~lln~.~~i~~~: , ~ ~ • The cjcrrp~~t~r Rel~tec ~:rimes ~,r~, C;~aEscr-r R~~e~, r=.S. ''~I • Se~.iaa7s 7213, r 213r~, ~7n~~t 7~;31 ~i lt~~ Ir~t~rn~~l R~vtt~u~ C;~di~, a~:l-i:::~i ~r~vidi~ ~ivll ~iriui r.firtiir~.~~ pe.i~:tics f~ar ur~~~utlior~zc~d in~,~ectioa~ ar•~i~c~o~~are af i'e~e:~~ f i~3}C C:_7[,s. s G1C?(E`~;7~ c~P tll~~ letitcrn:~l Rev~,n~lr~ ~:;~cl~ti, v.hi~.h provid~~ . cnnfi~i:~nt,~~lity ~r~h ri~,c.l~~s;ir,~ of :~~Uft15i Li[lll [4iUll1 IlifCffEl$~1C311. I~~ i C:~i~~' :'i~-? ~31:<1 r:7-%; ~ i ~ I' i~, ti~~. j~~li~_y ~f it~~ l~~c.~~i~rYlc~nt of s:.l~ilclren ..ir,ct ~<-~r~iit~e ~ that ~~c3 Gl3il~f~aGL ~fTl~IOYB~ st~all ~31~'. i3~~tJ','J~'C! :li. .~~c-~y ~ ~ -!}f T ;t' ' F ~ 1 r r - - - - - I I ~ _.c l~ RS .~~x i c3ri t~t ,i~ t;i ~~E ir.f7r~.t.1t~c~n, i~nl~_~.~~, s~_i:;li cc~r~tr~~ct ~m~:lr~~~ee i_, fc~~m~~lly ~F~~,,~c,+ac~d in u:ri~i:ic~, t:y name ~rte pc~itic.i, to ~ic.c~s :~~y~acif~c; I i~7to3itt<<i,c:r~ a:; :z~tl?orize:~' ':iy r~c ul~=.lrort :.~~tci:':~i :.i~~:ut~~, ''I ~ I~ is t1~+~ ~~;}licyuf tl,c:, Gt_:~.i~[r7~en~,~f c~IIIIr~iC~+ arcl F~~i77i!~;~~ t'•i~s_ ~cr•~,o~i~J ~~~~~~v:or,~_; ~rc , rot hr. ciis,.fn~,e;l I * It i~~ lh~~ E~~?lir_y c~f 1hn I^cn~~m~~ri' t:hi'c~rr~l: ~.trd ~:.~miii?~S t~~.~t ii~form~*i~~i~ i~ nct `o Lie ~I?i~airie~ ju~ fily uw:~i c.s~ ~:si~tEier ~~~r5nii`~ p~i~Uri~l u~~e_ ~ I vri11 anl~~ :~ccc~~s cr ~iie~u Inforr~ation or ci~ttl th~t I am ~ utl'.Orl"L~[1, ~~~r~ 1~~~3~,~t~ le~;i„rt~~tr E,~~~.incs~ r~.~i.~~n ~ri tii~ cotir:;~c ~f th~ pcrtarm~~~icc o~,~iv d~~tfr,a. I,n~-~ll m~+nt~-~in ti~~ I~ 117~E'C7l1~7/ ii< i.l~~ CUI i~l~~~(~?l~lile i.3f1(j `_~E.'fl`_i!t{4'f_' '=lf(U' ftle-3~1a:?1 iICG~`3~C;Ci_ • 1~ie '`r_a~.~~~1 v~e~n~i~lq.~ of ei:i;~loye~~ os~ r.liFnt c1~ta, r-~,~en da'a t~~at is r~~~~ co.~fid enti:~l r~r f7~~1(3}~'f~~~iF'. fiXE!(IIE~' f1l.~Ilil 7~i'=(:~Q:G~J(P 'r1~ i[ ; 71_fiJ~lf; ~t'~:til:Y~ f:Q~iSfltl.l~i~ i 7L.1$t~ ~]I ~lfC'l~:ii, I:~ t',t7t ~,cc?pt~~l~le, ai~~i ~.~~~II n~~t t~z tclel~~~ted I * !5 ~f~c'. FD~IG~/ C't t~l~~ ~.iL'~~~~Ilrtllll?[lt ~1 ~~!ll~(7rCl? `llll~ f'r~!?11~IL'S i~tialt ~:~e3til~l~l:i[~ l~Lir~IC'':: ~':1~~ ~~F' ~rf"~t]~"Illt=i~ C~:1 ~l :C?L~Lt~~ii ~:'~~~5 ~4 ICiI,',1[I~~~ ~1':eS~I~E' ~7f i'ICC~'..rit:. ~ II ~ I i ~~~ra,-nq[:._-,.~ ~lir.~ :ii~n~l~.~a :,r SmaL;'taa LS~Io i it :~~ca~:l»r lva:,,~ :3i1na1~ro cf _.:p]'1'I]G~ C7~1r i t' t, ~ ~~~3i_L'U? JI:Yit~t ~e e' C~F et: t~ rsoca~~ rlle .~rf~~cl ~~lo ,..s. P :'rco ' 13 ' ST LUCIE COUNTY DRUG SCREENING LAB ' UA958-ANCILLARY EXHIBIT C ' CIVIL RIGHTS COMPLIANCE FORM , r~1,~ CIVIL RIGHTS COMPI,IANCE CHECKUST I l i_ _ - - i rni.r•r; I)~:ticl ~~•'.l'~'cl'l'^el:l~l.'1 `5?f'E ' .ss ~ i L'rY::1~ 1,-J L'r ~ I . y ~'lrg ~ .J~i, ~.lb^ I':Ir l::t:: . I - - - - . . . . . . I PART I. '3ri.i9y e.a::i:i i.: :,~oy•~iF~l`ic :r~ea srr~i:u t:y. ,ii prcyi~rtr'r<ii;il.t, artel .t~t: ;~Yc sci ai~c ~:iovi cew ~ 1 i _ ~ 7 I~r)i' JI KO'~ A- r, -1-~~ F- L~i r P u rl ~ j , _ - - -A ~~l= I f ~l~_ ~r ~ I , . ~~h'Lr ~ i ~ ~ h d. ~ 1~^. i _ i.:• ~ 'is'1.^. : i ; ~ ' 1_ I I l ~ I • ' - . 's ~~!+I CUi%!~L-~11! Y_Iv1PLU~'-L~ :(fe~t~;a ca ! _ • . "o:a~ T ~ `+s ~+~il.:l- a13:: i6 ~~sl~-~l: ~~lii `:orrit='. ~lan,;,.a~- ~ i I I I . _ . . . . . . _ _ . . . _ . . _ . _ . : ~Llchl S~~U~ =tiTLY EPJR~LLE~ On RE I~1 ~FU 11 -tiv ta: . u...l~n~~ ` +1F~~.~~ ~ .,81; ...I I i c m . I ~ IF,~.. I `~fu:i ta I rr.~ ~ '.-~i.\ai L`ns.. i ; . _ _ _ ; - ~ u r ~ , . . , . ~ ~ ~ .G, ~ ~ ~^.f:`dltC}~'`' (~et GC'~i -kFvIN: F3t:.~F' If .tiJFLI(..4L'LG. ' - _ _ _ . - rn~:~l n I 1•n I -~a~: ~ r^or • :~II•.c- ~ ran•:~u . . I _ i ~ PART ii. J:+Eh'..7 ~'~+RnIF S-EF l"~F ?N' ~-Ch' +rv1' .-h'..t+ld=1 ~)Pd ~F`'~Jl~ltit~'~~ k~ i~'~1C1=. a 13 i'•:;s..r<m+..u ~~.~.LI I iJCJf Un f'~: t~tt i1 ~i~, t or C i~~il~.vn .'s'1:1 F~rt Ii ~!A V7, .:~l..I: , F..~ Y'=S F.C: ' r'~ i ~ti;=. Y =:i t•. ~ .~.a"';;a J.~L:i` :w. 1~.,;;'1i:.fi ;i: U16 pOG.-I:1.IJ' A.'4:i~ l~~ iS=Ci c~~'1:;~ ~~~c G1 t„;;Cal:~.dl wn' I"d~i i~r h.^,, r.tF;ai' i L L~ - i I r ~r. i~i' ~:~i. : ta,:.:~::~:x c:h .i~~!.:e.r ...i.:s rt~rc'_Ln:~,ti~:e c` t°d ~l ~r? ?~A ~i tiC. e:r.~l.~ci Ai, ~'[S P,G ~,u a • ~;mF:.:.~~1 •an io 'Fe ~ ! ^E.. I . i ~ { i ~ 1. t..3 .,~I~v 7:~C) It:aGL f.ffl::llt:: IJI :eUl':I;:Lu :F:)~.li:: i.~'L'1~~ Bf`~ ~:4:~~~.F 1~~ P!d'1CL~ IC~cI"~ ~J _J.Ci~, C'~~~~1 Ilo~ V'::;If ~~..~.ti~ J'J'.: h~',. YFS (:l~j iriig c-~ ::r h~nc::~~u ~ If hq NU, ~x~ :iir r 1-.1 r~ 1 r~ ; a 1 lirre6ls 5a~ rl;x: ; ai J f,.: i;irg .=i:;jt: = tu ,:xp;^3r:s ;3n^ ~>.ai';~r_a~l~ ir 3^Y~a v=ihr.t ~,P .-~ar, ~t r~a.-J e.=.: 'a='. ''rL•:: P:L =~Y, -^lo•, ace rar.o~al ,ri^ re ~ic- o• na~^ ca::? ;f PJr. or'::}. ~:~E:I~i~. ~-1 L I i "f. -,:r ~-~at ~n- ,=r~ -e-, ~-e r•~: rn~r~en'~ rn~r.a r~carc"~+ ra:~, r•~I:,r, r.it ~••,al ~rn.; n c- f•=r ~;a~:'i If `Jr, :~r h!~ c•x:;'~, ~L P.; 'i L:. P:I'} ? l~ ~ I ~:cliii~~.it~'n ~~f ::.~f;i" •.'~~?fiir:i•~ - 11~~:'•i~~1 -~~:.;cuu . =:~r.~:1\. J~; U 1^,1! ~ ~,,N f.: v~ GI•. I'c~- 1~:' ~ 14 ST LUCIE COUNTY DRUG SCREE;VING LAB UA958-ANCILLARY PART II. U;: ~ in ~~E: 'i~~.i~T= .91-=-- U .-'ri- ~~i =~=i(2 :,.PI`i ~;.;~L.:tFl.~i! 'ic~~_~ : fii ~ i.'i. `,f= F(f-nCf- I;~. L~f•" F~c~~• ~~?,;laci~'_ ei_~~_ ^ c._ ~ic•i-E~; sf• ;;c.~k:ng c!,_.,.Is, I! P.;~ h{), _xpla:n " Y , I~ ~ ~ ~ i '3. A: a e'~cicy=~s, ~ ~ms _i;.a~ts Irf~;-~-e~J r t~= r;~dP ::ior -,i., rs. dis m~nai c- % ~r•. Y'_3 PJU i II vL=S har,'r' ?'~:'c:~c~ _ a'i•i"cn ]~c_i~r t:r. cr tti~J, ~x?I=_ir_ L. ' % 'il:e (•lc Il ~':r.' i'1G CU: i~i.- ,,,,~.IUS y' 31"~ <~1=:II.i'.II'a;~011 ;:I7';; ,~I'i:S ie;:a~:l :~ic=s c. !:~.~n~--~~t f !ed =~ai-st t'1~ ~~'r, i,11~ :"L1L'~ pro.;-~••i~Fic i:. - ~~I ~ ~'10 ~;.C"!`~I'-:',:.C1~-1/ .jt;i54~~-~~)' 3CC:ti51~:1~G i0'lli.~: ~i;, ~'Jia`I;-~. :il'C II.~:..t- lI1:iV~:.i..i c P1li:l. , eX..IA n. • I',,.~' r, . ~r=~ r~o cuu PART lIL ":-1E =JLI_0'r`t .,JC~ ~,UF;:-Tl~ft.S .`'tif't'_'' -O F'n.::GF.~.,,'. r~i.~ F,4C1,_IT~F~',rvl"H 1~.: Ok t:'i:~F t 1:=:5 i ~JS il 5i_~.. ..<i~G'sl'I._I• Dl"~•. CL'~Il:l.;:~_C L71:L'r[I~,•' U'1',.' ~elfll_ : ~O 5C1'l~..l~ '1'J'It~IC:(:J ''I':':I.~~.J.._~ :if'J :~a .1 ~"5v~$$~'y `~~f-ci n+~:1 I~,,. m-~ i.r.arr.~,5? It h~:; exp ai~ IyI I, Is cir a_~:et iyl~c~_'• ~•icua•r:c ::r•~ •~r_~ ;hal rc:~rp?rates Jau ~r~ct~ss :}•e ~cS~I.~Lcn ~I ~_uir;.ltr• la % if N0. e:YK~lau'. Y~~ '•l:; " ? ? I' 1~ I-,-~3,-'•r,^ I:e~nr? i3ri-l.~d[:ir.crr .n..•~Qret:r..~._''a..^~t(:•i.-n~,,.,r.C ,..t71f?.C rxp'~~ 'rF.S'J^ ' C ~ 1i~--~7c:-u~~i`, ~I~ rr~liac_::~•i i~ ~~e ,_:IS _.~v;s!~ aF~l ~a .5. t~~-:~: :r^-us a-i~ paii~~,~+r•ts ruiiJ s. •tii al u i._.:: ~i Yll~~ ~ I~I ~,~~r ~ i L I A-~ z.~x +iai; ~ics a~r~_i ab,r. 1o a-=~~-- a::c.r==ih~li'.p c~f ,=_~vices I; f•==r'.n~ ,~~c .=.icn~ r~~-i•ec rJi•~ il..a1s'f Ii ~ ex~+~i~i. vLy `1~, ~ ~ G C~ II PARTIV.'• I--~~(?~IhfR:if3~:I~~+t:Li1'L•S~rill h~V~_',=,~~r~_~) (~41 il• s,~ ~i~1 I _ . t~~fL~LR.~_C~ivT•:. ~1~Ci _ lli::Ul;`1Li;L= I ~ rr~ rn.: r,:.,'1 .,.n a~.; ~h~ ha~e a:•.r~t'~ a`..•m,.t _,;i.,r ~I~~^.~~~Y? If ar~la r 'i 1=:~ `J.^ ' ~ C ? _ . DEPARTMENT OF CHILDREN AND FAMILIES USE OhLY h_ _ _ _ _ _ _ _ ~ _L ~ 1n Cci`7t: i~rce: ? Y- ,VC ' I~ ;.n J'IC~ I ~~~Il~~c ~7f ~GifBCfl`!Z _ , i ,=+C'I~~tl S°^ L~.^.~^ fr.+e~~:r.+. ~ ' i , ~ '~:.'~.?^",5B ~~Uv' C ~'l'1':'•~~@ r r~Ct°.k. ~ i r,. - ~^J . . r,es~~~ ,5~ ~:'e^ _ ! >,r c~to~~ .I ::cp s^ =al - .:ra' ;:~n:r J~ ~~i:;~. 1r ul,:.:. Cne', -~~J,.•'~'~ 'au~ ~ 15 ' ST LL'CIE COUNTY DRUG SCREENING LAB , UA958-ANCILLARY EXHIBIT D SIGNATORY AUTHORITY FORM The Service Provider represents that the following persons are authorized to negotiate and sign on its behalf with UFF in connection with this contract. Please list all associated individuals below, or attach additional form, if more room is needed. The SERVICE PROVIDER will be responsible throughout the contract period for submitting in writing, to the UFF Contract Manager via e-mail, any changes to this requested information below. Contract Si~natory Authority(ies): ~rint Name and Title: Sign Name: Invoice Signatorv Authority(ies): Print Name and Title: Sign Name: : , 16 ~ I ~I ~ ST LOCIE COUNTY DRUG SCREENING LAB UA958-ANC(LLARY ~ EXHIBIT E CHAIN OF CUSTODY FORM SAMPLE , ~ ~ --.:~k~~. :>~_:c i_~i it~~~:.,~,~~~rr.:,~~.:_r,-;;,_r.. , . I ' ' ~ ~~1 ~~~:I~~~~';~~~~~ ~G~l~l~ ~~~t~~~ i ~ c ~r:; 12:i~~5~? ~ . . . ._i>> :.C•YNL_'L"G4'^nI..F.T.'r,qoaFS•ri~7vF97(PR'Sf•1'~:nvr • -I". ~I.IP: .CUIP ~.U ~ . I • . . , • , t <I. : ~~._...~~i:.... {i~. .~ll :1":~ : , ~.~'i•:~ '?Pl:;i c c~;: _•~r= ~.L~ 'l.l;~r.a~~ •i Li ~ ~ . : d I -~F..i . ~ i ~ i. ~ . II~..~1.~.~_i,pN .J I:r.l,.i i .n I:i.'.~ ~_:I':.II . ,;:1~ s _;IY~ . . r ~ n.~, . ~r.i„~~.`~I`E7_.rrl':=: I ;~~;:.•~.:~.I'~I'~ III;..n n~: - . . ~ . . . .~a..,.l . . _ . - L`:: I:r.~.li:;•i !?i!c :,rl..'r,;.; i ::ti "r;r11=. . . ~.v rir ~ a'~N::GC'1PLETI:-G/cci.~.r_-aR . - _ ~ 12r.?r Etr.: i ~r Ir :c.~l~r~~ :.~.I:•i•~. ~ :i~, st-,~•,._ . ~ ~.^_..:r : ~r~.:r C i ::ti•..-•~. I .rr. pr. . ~Y~ , , _ „ c ~ J~ ~ r ~ 1-- ~ il ;i~ f Lr ,6. _ A .b ~°~r- - . rn ! AE N aT._ . . t ~ ,I i .7 I 1 I . r i~1~- ~ - ~ . ~r~ a i .u~: ~ , ol ~s ~ i ~ ~ . n!.~-_, : _ ,`a I Sf F•_H U..7C Ip:_I fFf HY l: 1 I ~ I lf ~"1 'p51( 1 LY ~/._l.l.. CRY C i . ...r. . . ~ tua _ .4.. c~V:~r.. '.i~ _~...v.,i.~ ....a......,.~u. ~ •x.,a~. A~.. ~ ti~°F;:IM1IF.V,HGTfLEiSIR~LEl~SECrp C I i - ~ i~f.l ~ . _.4.:.~ r ~ T. ~ : . f . f . . I II' . _ 1~~.. . . ~ . ~ . .~,~1-~ ..-.l. . . ' _ I , RE _i'.=G AT L~fi: prl~rnry tipprl'na~•''ti1 h, ~c`: F IL ;5; R i`cA:`cD?"~ ~ j X I bolta Sr.a'.~ In.JD y ' . ~ . . . - •I .Y.i . ~ I . . t'~-~, C • I 1 . ,..r~ I.~_'irl •CI'1-f~:llxfM' i ~ ~ , _ ~ ~ ..II.o:Y~12tvnISYi~'I~"I :L:if4C:eLl:i ;:G~'I'!U.,.t.v?'I{IIAti..iL4~.J:~H4'~~N'' r' . , . ~ ~~.v~.r.n.i ; . 1 7i . ' In , . . '.I II ~ t 1 ~ ~i I! f1 ! . l1 , I-Cf._`% I~~ ~ ~i...:ir.~i - ..t ,L~~..e~.._~...~,.~.~~ 1 :,~'~IEU _ t.. J '1 . I. ;E:i't) . ~ - L ~ ~ . tc.i..~.. I. ~ _ .-Qj ~ t'I i tn i i, -r.u. i - . - ~ . , . . . , • . , . , . , ~ . . : ~ ; i ~ . ~ , , , , . ~r , ~ . . i ' ! i ,X . i . _ „„_..r, . , . . ~.r. l ! ~~~i GTE= CL: SP 1~_. E•:I~ F J'E 5' ~.F I L i.,1= TEi EG~ C'1J ~~.t7-U tr Y-c:~: ~h n~ti 1v 1 L.w7 +...1. tY'• I . _ . _ I li .I+.r ~ i I( f. r if J .11. . . . . ~,i...i.,..~. S ~ s ~ . , . . :.e . , ~ ~II . I)( ~ ._....n , . . ~ ' I , ~~4:.. .t•.. ~~,i.~ I il lll l I ~~I' IIIIiE II I:~III !,III :~~P;,~_~~. _ , . . ,'I II i i I 1` ! ~ .)'d:ft . ~ r- ~ , . I ' 1 L:3 E:~67 „ .;F Fci~ E.r. ~a~i.F ' _~_nu-r. - ~l.R 5[AL _ III;IGfll~lii~l~~l ill ll'~~II -~F~~4~~~l •~~5~~= ~ OVFfr I . ~ , ~ 12~345E~7 U Sf~tc~wtradcr:~_ ~ , • -:m Ca ,t! . ; - SEA_ ~ ' - i i i,;. ' ~ ~ - c::... i ~ ~ ~ :.Uf'1' i • 1..46GR4T~RY ~ ' - . _ ~ J~ ^ i ' , ~'~i. . = r: . 17 I ST LL'CIE COUNTY DRUG SCREENING LAB • UA958-ANCILLARY EXHIBIT F INCIDENT REPORTING FORM ' Preferably to be completed online by going to: or ema;i comp~eted rorm to: htt~s://uf£us/intranet/ic~Fornlm~r.php UFF - OM cu.UFF.US i DCF - Ste hanie moss a dc£state.fl.us I. IDENTIFYING INFORMATION , Circuit Log UFF Log Date of incident: Time of incident: ' ?AM ?PM Person reporting Incident Reporter Reporter's Position ~ , incident : Telephone # : Agency : ' i Date the reporter became aware of the Time the reporter became aware of the a incident: incident: I, ?AM ?PM Incident Primary Category: Incident Secondary Category (if applicable): If Other specify: If Other specify: j Region: County of Incident: Abuse Hotline/CSA Program Area: Circuit 19 Report ! (If out of circuit, please If Other, Explain: indicate the child's home count . Full Name of Victim/Person Victim/Person Type (choose Victim/Person Group (choose Involved: only one): only one): ? Child ? Adult ? Client ? Employee 0 Other 11. LOCATION OF INCIDENT a Contract SERVICE Location/address of Type of Facility: ' PROVIDER NamelFoster Incident: , Home: If Other specify: ' Victim's Prima Residence is Florida? ? Yes ? No ? Don't know Reviewed at UFF By: (removed info) i Date Report Received at UFF: Time Report Received at UFF: ?AM ?PM i II. PARTICIPANT(S) WITNESS(ES) (IF APPLICABLE) Full Name Birth Date A e Race Gender P/W i ~ III. DESCRIPTION OF INCIDENT Give a detailed account - Who, What, When, Where, Wh , How. IV. CORRECTIVE ACTION AND FOLLOW UP Immediate Corrective Action: ' Is follow u action needed? Is a written Safet Plan re uired? ' 18 ' . ST LUCIE COUNTY DRUG SCREEN[NG LAB II UA958-AiVCILLARY ? Yes ? No ? Yes ? No 'I~~ If yes, piease specify: , I'~ V. INDIVIDUALS AUTOMATICALLY NOTIFIED I' To be completed by DCF i VI. INDIVIDUALS NOTIFIED Abuse Re ist Health Care Admin Law Enforcement Name: Badge/ID# ~ ' Date: Time: Called: ? ? ? Co ied: ? ? ? ' Acce ted: ? Yes ? No ; ' Parent/Guardian/ DCM DCM Supervisor Famil Member ' Name: Date: ' i'. Time: I ' Called: ? ? ? Co ied: ? ? ? Other: Other: Other: Please S ecif Please S ecif Please S eci Name: ,I Date: Time: Called: ? ? ? . Co ied: ? ? ? ' VII. DEATH REVIEW INFORMATION Date of Death: Time of Death: Place of Death: Suspected Cause of Death: Classification of Death: Explain: VIII. UFF Follow-U (To be completed by UFF) Is follow-up by UFF required: ? Yes ? No {~I 19 i ST LUCIE COUNTY DRUG SCREENING LAB ; UA958-ANCILLARY ~ ~ ATTACHMENT II i The administration of resources awarded b UFF to the SERVICE PROVIDER may be subject to audits as described Y in this attachment. MONITORING i In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as ~ revised, UFF inay monitor or conduct oversight reviews to evaluate compliance with contract, management and ; programmatic requirements. Such monitoring or other oversight procedures may include, but not be limited to, on- site visits by UFF staff, limited scope audits as defined by OMB Circular A-133, as revised, or other procedures. By ~ entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures deemed ~ppropriate by UFF. In the event UFF determines that a limited scope audit of the recipient is appropriate, the ~ : ecipient agrees to comply with any additional instructions provided by UFF regarding such audit. AUDITS ' PART I: FEDERAL REQUIREMENTS , This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB ; Circular A-133, as revised. i In the event the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a I, single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. In . i determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from UFF. The determination of amounts of Federal awards expended should i be in accordance with guidelines established by OMB Circular A-133, as revised. An audit of the recipient j conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet : the requirements of this part. In connection with the above audit requirements, the recipient shall fulfill the i tequirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. I, The schedule of ex enditures should disclose the ex enditures by contract number for each contract with UFF in I P p effect during the audit period. The financial statements should disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due UFF shall be fully disclosed in the I audit report package with reference to the specific contract number. 'i PART II: STATE REQUIREMENTS This part is applicable if the recipient is a non-state entiry as defined by Section 215.97(2)(1), Florida Statutes. In the event 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 ~I accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor, the ! Department of Financial Services and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit ! organizations), Rules of the 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 financial assistance received from UFF, state agencies, and other non-state entities. State financial assistance does not include Federal direct or pass- I through awards and resources received by a non-state entity for Federal program matching requirements. In connection with the audit requirements addressed in the preceding paragraph, the recipient shall ensure that the ' audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial ~ 20 . I~ ST LUCIE COUNTY DRUG SCREENING LAB UA958-ANCILLARY re ortin acka e as defined b Section 215.97 2 d Florida Statutes and Ch ~ P g P g y , a ters 10.550 or 10.650 Rules ~ of ) , the P , . ~ Auditor General. ~ The schedule of expenditures should disclose the expenditures by contract number for each contract with UFF in effect durin the audit eriod. The financial statements should disclose whether or not the g P matchin re uirem ent g q was met for each applicable contract. All questioned costs and liabilities due UFF shall be fully disclosed in the ~udit report package with reference to the specific contract number. i . PART III: FOR-PROFIT RECIPIENTS/SUBRECIPIENTS Although PART I and PART II above govern recipients that are a State or local government or a non-profit organization as defined in OMB Circular A-133, the ass-throu h enti UFF is res onsible for establishin P g ~ tY ) P g . . . . . requirements, as necessary, to ensure com liance b for- rofit reci ients/subreci ients. Therefore UFF will r P Y P P P , e uire q its contracted for- rofit reci ients/ u r i' s b ec ients who r i ece ve 5 00 000 r m 0 or P p p $ , e er ear in federal or state funds t I'' p y o have one of the following: I'~ 0 A single audit in accordance with the requirements of A-128 or A-133. 0 A program-specific annual independent financial and compliance audit conducted and prepared in i', accordance with Generally Accepted Government Auditing Standards, applicable laws and regulations; or a'. i For profit entities must further comply with PART N and V stated below, herein ATTACHMENT II. PART IV: REPORT SUBMISSION Any reports, management letters, or other information required to be submitted to UFF pursuant to this agreement shall be submitted within (1~ calendar days after the end of the SERVICE PROVIDER's fiscal year or within i'', thirty (30) calendar days of the recipient's receipt of the audit report, whichever occurs first, directly to each of the j' following unless otherwise required by Florida Statutes: . United for Families 10570 S. Federal Hwy, Suite 300 Port St. Lucie, Florida 34952 Attn: Contracts Manager SERVICE PROVIDERs, when submitting audit report packages to UFF for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit or for-profit organizations), Rules of the Auditor General, should include, when available, correspondence from the auditor indicating the date the audit report package was delivered to them. When such correspondence is not available, the date that the audit report I~ package was delivered by the auditor to the SERVICE PROVIDER must be indicated in correspondence submitted to UFF. li, PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of six (6) years from the date the audit report is issued and shall allow UFF or its designee, access to such records upon request. The recipient shall ensure that audit working papers are made available UFF or its designee upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by ' UFF. ' ~ 21 ' ST LUCIE CO[INTY DRUG SCREEN[1VG LAB UA958-ANCILLARY ATTACHMENT III CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS/SU BCONTRACTS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 - 20369). INSTRUCTIONS 1. Each provider whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign this certification , prior to execution of each contracUsubcontract. Additionally, providers who audit federal programs must also sign, ~ regardless of the contract amount. The Department of Children and Families cannot contract with these types of providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contracUsubcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred", "suspended°, "ineligible", "person", "principal", and "voluntarily excluded", as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive ' Order 12549. You may contact the departmenYs contract manager for assistance in obtaining a copy of those regulations. 5. The provider agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government. 3. ~ The provider further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal moneys, to submit a signed copy of this ; certification. ' 7. The Department of Children and Families may rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is , erroneous. ' 8. This signed certification must be kept in the contract manager's contract file. Subcontractor's certification must be kept 'II at the provider's business location. ~I CERTIFICATION {1) The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Date Signature Name (type or print) Title CF 1125, PDF 09/2003 22 I ST LUCIE COUNTY DRUG SCREENING LAB UA958-ANCILLARY ATTACHMENT IV ' CERTIFICATION REGARDING LOBBYING ' CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS ' The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative , agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ' I (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or empioyee of any agency, a member of congress, an officer or employee of ' congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or , cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report , Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub ' awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans and cooperative agreements) ' and that all sub recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by , section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of ' not less than $10,000 and not more than $100,000 for each such failure. ' Signature Date ' ^Jame of Authorized Individual Application or Contract Number I Name of Organization I' Address of Organization , , II 1123, PDF 03/96 23 ~r AGENDA REQUEST ITEM NO. v1-C1 ~ ! ~ - ' DATE: March 3, 2009 • RK;ULAR [ ] • . PUBLIC HEARING [ ] CON$ENT [ X ] , . Board of County Commissioners ~RESENTED BY: ~I SUBMITTED BY (DEPT~: Public Works Administration ~ Donald B. West Pubiic Works Directo~ ~ i ~ ~~'f: Board approval of the attached Local Agency Program (LAP) Agreement #423197-1-3&01 in the amount bf $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution #09-055, ' and signature by Chair. This proje~t funding is part of the Safe Routes to !I School Program through Florida Department of Transportation. BACKGROUND: See attached memo. FUNDS AVAILABLE: N/A II PREVIOUS ACTION: 5/13/2008: Board approval to change the funding schedule from FY 09/10 to I' FY 10/11 for optimal use of grant funding. 4/3/2007: Board approval to submit grant application to FDOT - Safe Routes to School Program. I, RECOMMENDATION: Public Works Staff recommend Boarc) approval of Local Agency Program (LAP) Agreement #423197-1-3&01 in the amount of $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution li #09-055, and signature by Chair. I I COMMISSIdN ACTIdN: CdNCURRENCE: ~I I APPROVED [ ] DENIED I [ ] OTHER: Approved 5-0 ~ ~ Faye W. Outlaw, MPA County Administrator Reviews and AQ~ ~ [X] County Attorney: ~ [X] Management & BudgetJPurchasing: ~ , Daniel McIntyre Marie Gouin :~~L l~ ~ b~ ' [X] Originating Dept-Public Works: [X] Copy to Finance Don B. West Shai Frances I Page 1 of 2 . _ _ ~ _ < . i , PUBLIC WORKS DEPARTMENT • ADMINISTRATION • . • MEMORANDUM TO: Board of County Commissioners FROM: Donald B. West, Public Works Director DATE: March 3, 2009 RE: FDOT Safe Routes to School Program Local Agency Program (LAP) Agreement - Weatherbee Road Sidewalk BACKGROUND: in April 2007, the St. Lucie County Boa~d of County Commissioners approved submission of its first grant application to the Florida Department of Transportafion's Safe Routes to School Program. Weatherbee Elementary, located on Weatherbee Road between U.S. Highway 1 and Midway Road, has been determined by the St. Lucie County School District to be its highest priority for a sidewalk. The school is in close proximity to a number of residential areas, including the 1,800 home Indian River Estates Subdivision. The grant was awarded in August 2007, allocating $153,000 in design funding for 2008 - 2009 and $1,104,422 to construction funding in 2010 - 2011. Total project cost is estimated at $2,100,000. RECOMMENDATION: Public Works Staff recommend Board approval of Local Agency Program (LAP) Agreement #423197-1-3&01 in the amount of $153,000 for the design of Weatherbee Road Sidewalk East of US Highway 1 and Commission Resolution #09-055, and signature by Chair. Page 2 of 2 I RESOLUTION NO. 09-055 A RESOLUTION ACCEPTING THE FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 423197-1-38- O1) FOR DESIGN OF WEATHERBEE ROAD SIDEWALK AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS ' ~ WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: ; 1. The Florida Department of Transportation has awarded the I!, County funding for design of a sidewalk along Weatherbee Road East of US I Highway 1 423197-1-38-01). ~ 2. The Board should authorize and approve execution of Local ' Agency Program Agreement with the Florida Department of Transportation for the above-referenced project. ' NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves Local Agency Program I Agreement with the Florida Department of Transportation (#423197-1-38- O1) for design of a sidewalk along Weatherbee Road East of US Highway 1. 2. The Board hereby authorizes and Chair to execute the above- referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. ~I II~ ~,I, I , I ~I After motion and second, the vote on Resolution 09-055 was as follows: Chair Paula Lewis Vice-Chair Charles Grande Commissioner poug Coward Commissioner Chris Craft Commissioner Chris Dzadovsky . ~ PASSED AND DULY ADOPTED this day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ~ " LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE 03/07 Page 1 FPN: 423197-1-38-01 Fund: SR2S FLAIR Approp: Federal No: 8887-627-A Org Code: 55043010404 FLAIR Obj: FPN: Fund: FLAIR Approp: i Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No:94 ~ Contract No: Vendor No: VF591474012-008 Data Universal Number System (DUNS) No: 80-939-7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and ST. LUCIE COUNTY hereinafter called the Agency. WITNESSETH: ~II ~I WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, 'i and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including I, the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; ! NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as II follows: ~ 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the DepartmenYs participation in I~'~ Weatherbee Road Desiqn of Sidewalk and as further described in Exhibit "A" attached hereto and by this reference made ' a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the ~ terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the I project will be undertaken and completed. 1.01 Attachments: Exhibit(s) A.B,C, &1 are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the DepartmenYs Local Aqency Proqram Manual, which by this reference is ~ made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this ! Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), I Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly ' related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de-certification of said Agency for future LAP projects. I Removal of All Funds I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE . oa~o~ Page 2 If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off-system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before December 31. 2010. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal-aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other pocuments: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 153,000.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B." This amount includes federal-aid funds which are limited to the actual amount of federal- aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the DepartmenYs appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The DepartmenYs performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the DepartmenYs funding for this project is in multiple fiscal years, funds approval from the DepartmenYs Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any , I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ' LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE 03/07 Page 3 contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice-to-Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice- , to-Proceed from the Department. 3.07 Limits on Federal Participation: Federal-aid funds shall not participate in any cost which is not incurred in ~ conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 I C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. ~I Where correctable non-compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non-compliance is not correctable, FHWA or the Department may deny participation I in parcel or project costs in part or in total. i, For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, ~ the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the DepartmenYs Comptroller and to the DepartmenYs Federal-aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the DepartmenYs Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5-year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. ' 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by , the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers ~'I evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: I ~I STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE . 03/07 Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and/or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to~ comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part t- Federally Funded: Recipients of federal funds (i.e., state, local government or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non-state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other 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. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ' LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE o~o~ Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the recipienYs resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the I audit findings is required. Current year audit findings require corrective action and status of findings. ~I Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the II dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of ' Financiaf Services, and the Auditor General. This section does not limit the authority of the Department to conduct or ' arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. , Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, III~ and required by Pa~t I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- II 133, as revised, by or on behalf of the recipient directly to each of the following: '~I i a) The Department at each of the following address(es): II Karen Maxon, Budget & Work Program Coordinator I, Florida Department of Transpo~tation , 3400 West Commercial Boulevard ~ Fort Lauderdale, Florida 33309 ' i b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies II required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised), at the following address: I Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street ~I Jeffersonville, IN 47132 c) Other federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular II A-133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipienYs audited Schedule of Expenditures of Federal Awards directlv to each of the following: Karen Maxon, Budget & Work Program Coordinator I~I Florida Department of Transportation 3400 West Commercial Boulevard ' Fort Lauderdale, Florida 33309 ~i In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the ~ financial reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE • o~o~ Page 6 Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directlv to: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 ' 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A-133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V- Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the DepartmenYs authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ~ LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE o~o~ Page 7 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right- of-way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, ~and be ~ submitted to the Department no later than October 15 of each year. j 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses ~~I incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof (Section 287.058(1)(a), Florida ' Statutes). I ~ All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel I expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and ' Chapter 3='Travel" of the DepartmenYs Disbursement Operations Manual, Topic 350-030-400 (Section 287.058(1)(b), Florida Statutes). ' If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed ' pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made ' within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of ' contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement ' to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project ' and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may ' elect by notice in writing not to make a payment if: ' 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; ' 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or ~ obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; iI 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this I Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph I 12.06 or 12.07. I 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. ~ 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for , the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project ' commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other I arrangements which have not been approved in writing by the Department. , 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the ' completion of the project. Invoices submitted after the 120-day time period may not be paid. ' 8.00 Termination or Suspension of Project: ' II STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE • o~o~ Page 8 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time; otherwise this Agreement will be terminated at the end of such time. Suspension of this Agreement will not affect the time period for completion of the project. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to fhe effective date of termination or specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice-of-Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient ~ause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Pa~t 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will I - ~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ' LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE o~o~ Page 9 require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: I~ 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not I discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the ii particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in I conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. I ~ 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the ' Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance ~ by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. II 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements~as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. I 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non-Responsibility: An I entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non-responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. , 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors sha~l enter into any ' contract, subcontract or arrangement in connection with the project or any property included or planned to be included in , the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any I such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such I contract, subcontract or arrangement. ~ ~I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-OtD-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE . oa~o~ Page 10 The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the DepartmenYs satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. 13.09 Right-of-Way Certification: Upon completion of right-of-way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right-of-way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ~ LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE 03l07 Page 11 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include ~ all genders. I 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. ' 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally-appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the , awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any I cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, , grant, loan or cooperative agreement. I If any funds other than federally-appropriated funds have been paid by the Agency to any person for influencing or I~ attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of I'I Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all II tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all ; subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a i, state agency. , I 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right-of-way, the Agency ~ will ? will not maintain the improvements made for their useful life. '~I 13.15 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the II~ Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect ' and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The I Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days ~I~ are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and , approved. I If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors I will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is i provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual , include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850-410-9724 or by calling the State Comptroller's Hotline, 1- ' 800-848-3792. I I I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE - 03/07 Page 12 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY ST. LUCIE COUNTY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: GERRY O'REILLY, P.E. Title: Title: Director of Transportation Development Attest: Attest: - Title: Title: ~ As to form: As to form: Attorney District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-010-40 ~ LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE OS/06 Page EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN : 423197-1-38-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and St. Lucie Countv Dated ~ I PROJECT LOCATION: ~ I The project is ? is not on the National Highway System. ~i, The project is ? is not on the State Highway System. 'i PROJECT DESCRIPTION: ' Design of sidewalk on Weatherbee Road. The sidewalk will form a 1.8 mile loop alignment beginning at Weatherbee I Road from East of US-1 to one block West of Silver Oaks Drive; then from Silver Oaks Drive (South) to Midway Road. ~I Refer to Exhibit "C" for location map. ' SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the ' DepartmenYs contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where ' applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and , the funding action from any other source with respect to the project. ' The Agency is required to provide a copy of the design plans for the DepartmenYs review and approval to coordinate I permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. I The Agency shall commence the projecYs activities subsequent to the execution of this Agreement and shall perform in ~ accordance with the following schedule: ' a) Study to be completed by N/A .(Phase 18 and 28 LAP Agreements) b) Design to be completed by June 30. 2010. (Phase 38 LAP Agreements) ~ c) Right-of-Way requirements identified and provided to the Department by N/A .(All LAPS requiring R/W) II (District will handle all Right of Way activities on LAPS, the date would be set by the necessary timeframe to complete R/W activities. d) Right-of-Way to be certified prior to advertising for Construction. (All Phase 58 LAPS) e) Construction contract to be let by TBD .(For Phase 58 LAPS). (This date would be prior to the end of the fiscal year that the Phase 58 is programmed in FM) f) Construction to be completed by TBD .(Phase 58 LAP Agreements) I, If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is I subject to the withdrawal of federal funding. II This Project has funding for Design in the year 2008/2009 in the amount of ~153,000.00. Upon execution of this I~ agreement by all parties the Department will provide the Agency ONE EXECUTED AGREEMENT and a NOTICE TO I' PROCEED for design only. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a I NOTICE TO PROCEED FOR DESIGN ONLY. After the design is completed and final billed, the Agency must complete all federal requirements for construction. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the ' Agency) date and fiscal year funding availability. Any unused funds will be deleted by the Department and the Federal- ' Aid Office upon completion and final billing. ' Upon completion of the Project, the Agency is required to notify the Department of the date of completion and final invoicing. The Department may require an onsite inspection with the Agency. ' SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-0t0-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE oe~os Page t o( t EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME 8 BILLING ADDRESS FPN No.: 423197-1-38-0'f • St. Lucie County 2300 Vrginia Avenue Fort Pierce, FL 34982 PROJECT DESCRtPTION Name: Desian of Sidewalk on Weatherbee Road Length: 1.8 Miles Termini: Weatherbee Road from US-1 to Midway Road FUNDING ) (Z) (3) TOTAL AGENCY STATE & TYPE OF WORK B Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 200~2007 2007-2008 200&2009 Total Planning Cast Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PDB~E Cost Design 2006-2007 2007-2008 2008-2009 SR2S $153.000.00 $153,000.00 Total Design Cost $153,000.00 $153,000.00 Right-of-Way 2006-2007 2007-20Q8 Z00&2009 Total R( ht-of-Wa Cast Construction 2009-2010 2010-2011 Construction Engineering and Inspection (CEI) 2Q06-2007 2007-2008 2008-2009 Total CEI Cost Total Constructlon and CE4 Costs TOTA~ COST OF THE PROJECT 5153 000.00 E753,000.00 The DepartmenPs fiscal year begins on July 1. For this project, funds are not projected to be availabie un61 after the 1st of July of each fiscal year. The Department will notify the Agency, in wri6ng, when funds are available. ~ EXHIBIT ~~C~~ Safe Route to School for Weatherbee ~'lementary FDOT Financial Porject ID i# 423197-9-38-Q1 y ~~^s°"'GO'"^~ 0 0.45 Q.9 ~.BMiles '~'~F c~& _ Apri! " 0, 2067 ! . . ~ . . ' WRD AYE . . . . ' ~y~ ~~:~+pe . S~ ~ ~JnaN ooC[oUaYi ~ ~ g ~ 4'Veatherbee E~errentary , iN ! R.:i Ft- *u~a wlrwaoMnvE u.au_fwr~AVE J' wx~ yF.~ k en ~O1° W0.DEN6AA~.L p ~ C+aG't~ ° ` tm tt ~ . ~ . _ 1 3 19 ~ 4U%.EAVE .NAPIE.Kt , # t:_ ` "t xweea~k.~ ~E PCSE YAVE Qb+l SEIYNA':E ~ ' r» ' 3 F~„~~. ' m ~,.,,~~.P.~~,,,~ rXi '.YISTER:AAVt ~ ~y,< ~ TwoMileArea ; ~ ; • s~rvcHecn v,vwvw,Ny~ .I _ w~ y PI'OpOSBC~ SIC~ebV2~k5 ' ~ `1 F ~ ~ KILEAkVE ~'4. _ +f p u R1:4A~~ I ~ ~,~M~~~y j , ~ ~ x~.-~~.f } SChOOI ' l 0 ' ~ d ~,.p I ~ uurwa.ErS MO:iYAYE NGLLYXVE . Parks ~'i ~ " ~ a„ ~ „ i~ ~ x ~.M ~~kF~.R s ,.n~ .e_. , ~ * Signal ~ wa . ~ . . _ . ~ "°"""P" ~ 1~= r, Safe Route Sidewalk ProJect for ~ ~I ~ W, - ~ ~ ~ Weatherbee Efemeatary Schooi , ~ ~ I = ~ ~ 'm ~ has a total sidewaJk length of r~' 3 '~g j~,ro a'` 10,558 feet or 2 miles. : ~ ~ ~ = Y ~ax~ ~i ~ s a ~ ~...,a.-~' ~ '"STCNEtFN Q' ~J~ ' 6~ - 7'tl ~ _ ~ Rit]Y'~.SfI~QN ~ ' I 5f~ + ~~~a ~I S } ~ . - . CiG!CRGIO aJ ~ Y - "+W ~ ~ ~ S' I' ~,~o....~ °v I E~IM~t.'EF S ~ . Y` d. . . i u+f 80UINA~'.L'GH y ..~~iv~, y~~ I~ ` i M~ i t 6 1nL:+J ~ r CI2GER0 ` 3 CUS:~?.~\ ~ ~~y. ~ ~I S' ~ ' ^yMAIM ~i ata.:Et_ ~n ~~E c:u!iuR P. y ~ ~ I, ~2 I WAGNEP iL ~ . ~ ~ _ ~ N aWQSaoat J~R!'- ; 3 ; F/.RMEpSWRK:TA~ a1hISOUGF ~ + 8 , t•f ~ I~ ~ ~ ' 2 „t ~i $J" r4 J~; i~AF1A~K_' ~ - v~j ~ ~ ~f;r6'K`OC~ Y ,I ~ Y FalM@aptlatSchool~ i%:J.k%ETAVE 3 ~ T 1ME dl`(] u p_ A ~~I ~ g ~ v~ ~ ~ ~ ~ . a7+w. 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ON I> zo ~ j . ~I 3~C~£i'NC13i W AH.TAlT w 1eEl . OR i U 'AECRf_t.V ~ ~ BtiOtEYEC NUCKRD ~ SNKIW M~1+E 3 ~ 1 4 a ' S ~II J.lJ~s.:E 14 ~ ~ ~5,~ a ~ i ~ ~ GtuP9ElLM0 C ~ ~ ~ G?F`EP PwGE P ~;pFe H'~l P.0 4EA ~VE K FD . . . an ~av:.~ COlA1~FYG4P^.tiHS~.N rril KE1fi4 VGD ~,H~A f ' ; 1 i ~ ~ hFr k ~~i i y~ s.cc n g i F~ ~ i ~ d~ . sr ~ " ~ . scucwe~~ I ~':,t nnccss .orsc~oyn ~ ~ ~ ~i ' I j ~ \ ~ . I~, ,cr ~ ^ aun;cror.{Mo~r.wnaniod„w„cr 9 ~ ~ o _ ~ ~ ~~~t ~i' R{! AD N ~ SAVA- ST i D U e !3Oy LLIL^.NNO ~ 3 ~ j~ ~ ' 3 ICNE NYE OR ~y ~ I ~ ~ ~ ~ ~ ~ . G t ~ ~ . y ' ~ S i~ ,.wn ~ ~ 1 ~ ~ 5~ ai S * f a ^"r .y~a W ( Gi ~I a~ 'm~~~'~ ~ ~ `:,~cuon < ~ r ~ ~ ~ e.~ra~~s ~ ~ ° 'I i ~ m1* ~ ~ S~ 8EMw0.E CR = t P e ~ ~ p'~ cS W `wwww [ i I N ~ ~ g~ 4 I~~ g'!i'~ ~ r <.5t~ ~A;.i Y W COPALbT N ~ ~p ? 1 ~I ~ 3'~~ I ~ KNQ Si uscea~wE STATE OF FLORiDA DEPARTMENT OF TRANSPORTAT~ON 525-010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECTMANAGEMENTOFFICE 08/06 Page EXHIBIT "1" SINGLE AUD1T ACT Federal Resources Awarded to the Reciptent Pursuant to This Agreement Consist of the Following: Federai Agency: Federa! Highway Administration CFDA 20.205 Highway Planning and Construction Amount: $ 153,000.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally ciassified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal-aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Aliowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipienUsub-recipient. Eligibili#y: By law, the federal-ald highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal-aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified iri 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal-aid highway projects, with the territorial transportation agency functioning in a manner similar to a • state DOT. Most Florida Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Flarida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requfrements Applicable to the Federal Resources Awarded Pursuant to Thls Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. I - ~ ~ I STA7E OF FLORIDA DEPARTMENT OF TRANSPORTATION 525-01430 'I FEDERAL-AID PROJECT FUNDING REQUEST coNSrRUCnoN I oaroo Page t o12 I DATE I AGENCY Sl. Lucie County _ FEDERAL-AID PROJECT NUMBER 8887-627-A I FIN NUMBER 423197-1-38-01 STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE _ Design of Sidewaik on Weatherbee Road PROJECT TERMINI FROM: US-1 TO: Midway WORK PHASE: ~ PLANNING ~ ENVIRONMENTAL .;DESIGN ~ CONSTRUCTION ~ RIGHT OF WAY AWARD TYPE: ~ LOCAL ~ LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: , and reevaluated on: I EA /FONSI approved on: and reevaluated on: I Categorical Exclusion: ~ Programmatic Categorical Exclusion determination on: 12/16/08 Type I Categorical Exclusion determination on: I Type II Categorical Exclusion determination on: II Categorica! Exclusion Reevaluation on: i PHASE TOTAL LOCAL AGENCY STATE FEDERAL FUNDS PERCENT OBLIGATION DATE ESTIMATED COST FUNDS FUNDING ~ (nearest Dollar) FEDERAL Month / Year ± nearest Dollar nearest Dollar nearest Dollar ~ FUNDS ' PLANNING I PDBE DESfGN 3153 000.00 $153 000.00 100 ' R/NV CONST. TOTAL $153 000.00 $153 000.00 100 DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width: Number of Lanes Bridge Number(s) on Project _ i I DESCRIPTION OF PROPOSED WORK New Construction ~ 3-R ~ Enhancement~ Congestion Mitigation ~ I~~, , Sidewalk Construction Roadway Width Number of Lanes ! ' I I, Bridge Numbers(s) on Project ~ I ~ LOCAL AGENCY CONTACT PERSON TITLE: Lori Roc I MAILING ADDRESS: PHONE: (772) 462-2517 ' 2300 Virginia Avenue Fort Pierce AGENCY ZIP CODE: 34982 I ' St. Lucie Coun ; i LOCATION AND DESIGN APPROVAL: ~ I~ BY: ~ I ~ Approving Authority II I I I ~ ' TITLE: DATE: szs-o,a3a CONSTRUCTION OB/00 Paye 2 of 2 AGENCY: PROJECT TITLE: DATE: ~ St. Lucie Counry Design of Sidewalk on Weatherbee Road ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: An environmental deteRnination was completed for this Project. RIGHT OF WAY AND RELOCATION: ~ No right of way acquisition associated with this project ~ ; ! ~ ( i . I ! I i I THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR ITS DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. AGENCY: DATE: By: (Mayor / Chairman) I I ii AGENDA REQUEST II ITEM NO. VI - C2 ~ ~ DATE: March 3, 2009 I~I i ~ ~u~aR [ ~ . . ~ PUBLIC HEARING ( ] I~ CONSENT [ X ] i Board of County Commissioners PRE ENTED BY: SUBMITTED BY ~DEPT~: Public Works - Donald B. West, ublic Works Director SUB]ECT: Board approval of Suppiemental Joint Participation Agreement pPA) Number i ~~i with Florida Department of Transportation (FDO~ for Taylor Creek Phase 3 i Shoreline Restoration and Commission Resolution 09-062, and signature by I Chair. The Supplemental )PA changes the project descripdon b~ allow remaining I, funding to be used for Taylor Creek Emergency Shoreline Repair Site 7. I BACKGROUND: See attached memo. FUNDS AVAILABLE: 140344-4315-563000-4657 I PREVIOUS ACTION: 8/7/07: Approval of JPA with FDOT and Florida Ports Council (FSTED) forTaylor Creek Restora~on - Phase 3 Shoreline Stabilization in the amount of $975,000. 9/19/06: Approval of time extension, extending FSTED grant contract to September 30, 2008. 6/7/05: Approval of time extension extending project to September 30, 2006. j 3/16/04: Award of Construction Contract for Phase I Dredging of Taylor Creek 'i in the amount of $2,485,820. 2/17/04: Approval of Work Authorization #4 with BCI Engineers, Inc. in the I~ amount of $7,494 for design of spoil site. I 2/4/04: Approval of contract with DMC Engineering in the amount of $24,970 for design of spoil site. 9/30/03: PO# 2313589 for Dredging & Marine Consultants, Inc. for Grant I Coorclination and Permit Finalization in the amount of $19,990, 8/22/03: PO# 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10,500. 8/22/03: PO# 2313388 for Elab for Analytical Services in the amount of $18,894. ' 8/22/03: PO# 2313380 for ARC Surveying for Hydrographic Survey in the amount of $18,500. 3/5/02: Approval of Work Authorization #3 with BCI Engineers, Inc in the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. , 2/5/02: Approval of Work Authorization #2 with BCI Engineers, Inc in the ' amount of $33,050 for the Taylor Creek Restordtion Dredging Project Shoreline ' Stabilization and Improvements Reach 2. 5/1/01: Approval of Work Authorization #1 with BCI Engineers, Inc. in the amount of $137,000 for design and permitting of Taylor Creek Project. ' 3/7/00: Approval of Work Authorization # 14 with Williams, Hatfield & Stoner in ' Page 1 of 3 the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 2/15/00: Approval of Work Authorization #13 with Williams, Hatfieid & Stoner in the amount of $86,900 for sediment testing and analysis. 8/9/99: Approval of WA #11 with Williams, Hatfield & Stoner in the amount of $11,000 for preparation of FIND Grant. 5/4/99: Approval of Work Authorization #12 with Williams, Hatfield & Sfi~ner in the amount of $25,220 for spoil site selecction process. RECOMMENDA7'ZON: Public Works Staff recommends Board approval of Supplemental )PA Number 1 with FDOT for Taylor Creek Phase 3 Shoreline Restoration and Commission Resolution 09-062, and signature by Chair. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED L J o~ER: Approved 5-0 Faye W. Outlaw, MPA County Administrator Revievrs and Aooroval Coun Attome : Mana ement & Bud e Purchasin :~'r'~ ~l tY Y ~l 9 9~/ 9 Daniel McIntyre ~~~+~r?~;' Marie Gouin [X] Originating Dept-Public Works: V~ • [X] Copy to Finance Don ~Id B. West Shai Frances Page2of3 t ~ ~i ,f-=, - - - ~ il -u.._ ~ T - ~w:~ 'I f ~ PUBLIC WORKS DEPARTMENT I • ADMINISTRATION ~I • • ~ • ~I MEMORANDUM ' I TO: Board of County Commissioners ~ FROM: Don West, Public Works Director • I DATE: March 3, 2009 , RE: Supplemental )PA Number i with Florida Department of Transportation I Taylor Creek Phase 3 Shoreline Restoration , BACKGROUND: Construcdon of the Taylor Creek Phase 3- Shoreline Resborati~on was completed II, in December 2007. FDOT has agreed to change the scope description to allow !i us to utilize the remaining grant funding of $85,449 toward the Taylor Creek Emergency Shoreline Repair Site 7. , RECOMMENDATION: Public Works Staff recommends Board approval of Supplemental JPA Number i I~, with FDOT for Taylor Creek Phase 3 Shoreline Restoration and Commission I Resolution 09-062, and signature by Chair. , ~ ~ ' I I ~,II ~ ~i i ~ ,'I I , , , Page3of3 I ~ ~ ~ RESOLUTION NO. 09-062 A RESOLUTION ACCEPTING THE FLORIDA PORTS COUNCIL AND FLORDA DEPARTMENT OF TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT NUMBER 1 FOR TAYLOR CREEK RESTORATION - PHASE 3 SHORELINE STABILIZATION (#422943-1-94-01) AND AUTHORIZING THE CHAIR TO EXECUTE THE SUPPLEMENTAL AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has granted the County a Supplemental Joint Participation Agreement Number 1 for Taylor Creek Restoration - Phase 3 Shoreline Stabilization (#422943-1-94-01). 2. The Board should authorize and approve execution of the Supplemental Joint Participation Agreement with Florida Department of Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Supplemental Joint Participation Agreement with Florida Department of Transportation (#422943-1-94-01) to provide funding for Taylor Creek Restoration - Phase 3 Shoreline Stabilization. 2. The Board hereby authorizes and Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 09-062 was as follows: Chair Paula Lewis , Vice-Chair Charles Grande ~I, Commissioner poug Coward ''i Commissioner Chris Craft I Commissioner Chris Dzadovsky ~i ' , PASSED AND DULY ADOPTED this day of ATTEST: BOARD OF COUNTY COMMISSIONERS 'I ST. LUCIE COUNTY, FLORIDA BY: ~ CHAIR I i ~'I ~i ~I ~ APPROVED AS TO FORM AND II CORRECTNESS: II ~ COUNTY ATTORNEY I~!, ~ ~ ~I i I STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 • PUBUC TRANSPORTATION auauc rRaNSPORrATioN oaa~ SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page 1 of4 Number 1 Financial Project No.: Fund: PORT FLAIR Approp.: 088794 42294319401 Function: 683 FLAIR Obj.: 750005 item-segment-p ase-sequence Federal No.: Org. Code: 55042010429 Contract No.: AOX96 DUNS No.: Vendor No.: VF596000835079 Catalog of Federal Domestic Assistance Number: Catalog of State Financial Assistance Number: 55005 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and St Lucie County Board of County Commissioners - Port of Fort Pierce 2300 Virginia Avenue, Fort Pierce, FL 34982-5652 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 12th day of October ,2007 entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $0.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended to include costs associated with the design of Taylor Creek repairs. ~ 725-030-07 PUBLIC TRANSPORTATION ~ 04I07 Page 2 of 4 2.00 Project Cost: Paragraph 3.00 of said Agreement is increased/decreased by $0.00 bringing the revised total cost of the project to $ 0.00 Paragraph 4.00 of said Agreement is increased/decreased by $0.00 bringing the DepartmenYs revised total cost of the project to $ 0.00 3.00 Amended Exhibits: I Exhibit(s) of said Agreement is amended by Attachment "A". 4.00 Contract Time: ' Paragraph 18.00 of said Agreement N/A I ,I~ IIII i ~ I ~ill ~ , I ~I 'i I I ~ 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 3 of 4 Financial Project No. 42294319401 Contract No. AOX96 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated October 12th 2007 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT St Lucie County Board of County Commissioners - Port See attached Encumbrance Form for date of Funding of Fort Pierce Approval by Comptroller AGENCY NAME SIGNATORY (PRINTED OR TYPED) LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE TITLE ~ 725-030-07 I PUBLIC TRANSPORTATION 04/07 Page 4 of 4 Financial Project No. 42294319401 Contract No. AOX96 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMEIVT I ~i I This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and St Lucie Counry Board of County Commissioners - Port of Fort Pi I 2300 Virginia Avenue, Fort Pierce, FL 34982-5652 dated I~', DESCRIPTION OF SUPPLEMENT (Include justification for cost change): I, No change to project budget! I i ii', I. Project Cost: As Approved As Amended Net II $0.00 $0.00 $0.00 I~ Total Pro'ect Cost $0.00 $0.00 $0.00 I~! 1 , ,i I. Fund As Approved As Amended Net I Department: $0.00 $0.00 $0.00 Agency: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Project Cost $0.00 $0.00 $0.00 II ~I Comments: I I I ~zs-oso-o~ PUBLIC TRANSPORTATION 04/07 Additional Page III. MULTI-YEAR OR PREQUALIFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the DepartmenYs Work program in the following fiscal year(s): FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. I I AGENDA REQUEST I~ ~ ITEM NO. VI-C3 I~ ~ - ~ DATE: March 3, 2009 ~ ! REGULAR [ ] • • ~ • PUBUC HEARING [ ] CONSENT[X] i TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY (DEPn: Engineering Division ~ ~ ` ' Michael V. Powle , County E neer SUBJECT: Harmony Heights Stormwater Phase I- Fourth Amendment to Work Authorization ' No. 1 BACKGROUND: See attached mema ' FUNDS AVAILABLE: Funds are available in 102001-3725-563005-42507 ($2,483.50) and will be made I~'~ available in 102001-3725-563021-42507 ($5,597.50) SFWMD Harmony Heights I Stormwater Phase I- Stormwater Management. I PREVIOUS ACTION: 1/15/2002 - Board approved Work Authorization No. 3 with BCI in the amount of I $67,099.84 for preparation of the Harmony Heights Stormwater Master Plan. ~ 6/16/2002 - Board approved Work Authorization No. 4 with BCI in the amount of $75,784.80 for the Harmony Heights Drainage Improvements Design and Permitting Phase I. 11 /9/2004 - Board approved the 1 st Amendment to Work Authorization No. 4 with BCI in the amount of $1,737.26 for the Harmony Heights Stormwater Improvements Project Phase II. 5/10/2005 - Board approved the Funding from the South Florida Water Management District in the amount of $336,780.00 for Harmony Heights Stormwater Improvement Project Phase I. I 7/26/2005 - Board approved the Resolution to accept Funding from South Florida I Water Management District in the amount of $336,780.00 for Harmony Heights I Stormwater Improvement Project Phase I. 9/19/2006 - Board approved of extension of the contract with South Florida Water Management to May 30, 2008 for Harmony Heights Phase I. i 9/26/06 - Board approved Work Authorization No.1 to the Contract for Professional 'I Engineering Services related to Stormwater Management with Inwood Consulting I Engineers for redesign of Harmony Heights Stormwaterlmprovements Phase I in the I amount of $152,757.50. 3/6/07 - Board approved the First Amendment to Work Authorization No. 1 to the ~ Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for additional survey and geotechnical services for the Harmony Heights Stormwater Improvements Phase I project in the amount of $19,494.00. ' 12/18/07 - Board approved the Second Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for additional engineering services , for the Harmony Heights Stormwater Improvements Phase I project in the amount of I $16,136.00. i Page 1 of 3 I!, I ~I i I I 6/8/08 - Board approve the Third Amendment to Work Authorization No. 1 to the . Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for archeological and historical services for Harmony Heights Stormwater Improvements Phase I in the amount of $9,826.19. RECOMMENDATION: Staff recommends the Board approve the Fourth Amendment to Work Authorization No. 1 to the Contract for Professional Engineering Services related to Stormwater Management with Inwood Consulting Engineers for additional surveying efforts for Harmony Heights Stormwater Improvements Phase I in the amount of $8,081.00, and authorization for the Chair to sign. COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: ' Approved 5-0 Faye W. Outlaw, MPA County Administrator Review and Aaaro~' .r.^~ [xJCounty Attomey [x)Mgt./Budget & Purchasin '1~ [ ]Road/Bridge~ Danie/ Mclntyre Marie Gouin /(L l~' S~~ y~; [xJOriginating Dept. Public Works ~ [x]Co. Eng ~~f ~ [ JOther ' Donald West ~ Michae/ V. Powley ~ 1, tm ~ E?? SSc ~~~`J~i` ~ Finance (Check for copy only, if applicable.) _ ' Harmony Heights Inwood WA1 Amend4.ag Page 2 of 3 ~ _ ~ ~ DIVISION OF ENGINEERING • • . • _ - MEMORANDUM ~ TO: Board of County Commissioners FROM: Michael Powley County Engineer ~ ~I, DATE: March 3, 2009 RE: Harmony Heights Stormwater Phase I- Fourth Amendment to Work Authorization No. 1 ~ I BACKGROUND: I~~, Harmony Heights is located in northwest St. Lucie County between 41 S' Street and 53~d Street. It is situated befween two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Ft. Pierce I Farms Water Control District (FPFWCD) Canal 1. The subdivision was developed before State water quality regulations were developed and therefore has poor storm water conveyances and lack of storm water ' treatment areas. The primary purpose of the project is cleansing and attenuation of stormwater to reduce fresh water and pollutants into the Indian River Lagoon. Detention ponds and swales are to be constructed within the Harmony Heights subdivision. ~i We are pursuing acquisition of corner-clips from several properties within the first phase. Several of the I~'~ residents have requested us to show them in the field how much property we are requesting. The purpose of the attached Fourth Amendment to Work Authorization No. 1 to the Contract for Professional Engineering I, Services related to Stormwater Management with Inwood Consulting Engineers is to provide this survey effort , in the amount of $8,081.00. No additional time is requested. Attachments: Work Authorization - 1 page I'i Exhibits A, B, C- 3 pages ' ~I i I I I i Page 3 of 3 II I I ~ FOURTH AMENDMENT TO WORK AUTHORIZATION NO. 1 Proj/Prog #42507 Engineering Services Stormwater Management C06-04-239 Harmony Heights Stormwater Phase I Project Pursuant to that certain Agreement between St. Lucie County ("the County") and Inwood Consulting Engineers, Inc. (the "Engineer") for Services related to Roadway and Intersection Design, dated Apri14, 2006, (the "Agreement") to provide design efforts and work tasks, for an increase of $8,081.00, and a contract amount of $196,648.50. All work is to be performed on or before December 31, 2009. The Engineer's additional "Scope of Services", "Work Compensation Sheet", and "Project Schedule" have also been attached hereto and made a part hereof as Exhibits "A", "B", and "C", respectfully. AIl other terms and conditions of Work Authorization No. 1(C06-04-239) shall be the same and remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to Work Authorizaxion No. 1(C06-04-239) to be executed and delivered on the dates below. BOARD OF COUNTY CONIlVIISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: CHAIR Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESS: ENGINEER BY: Print Name: Inwood Consulting Engineers Date: Page 1 of 1 Change OYeiei 3/or Ham~ony h~eighrs Phase I D~esrgn Revurons (iev~sron 1) ExhlditA - Page 1 of 1 ' St Lucie County, Hanida Fieb,rtiary 9, 10109 Carba~7 No. C06-04 Z39 D(HIBIT A SUPPLEMENTAL SCOPE OF WO K~t3 fe~vidnn 11 II Harmony Heights Phase I Desi~n Revisions Supplemental Soope j St. Lucie County has requested supplemental work be oonducted b~ support the design of ' roadway and drainage improvements in the Harmony Heights Phase I project area. The ' supplemental wo~lc is in addition bo the soope of senrice.s provided in the Sepbember 1, 2006 proposal submitbed to and approved by the County (Purchase Order P2613454). The supplemental services are summarized below: ! 1. Provide supplemental surveying efForts (through subo~nsultant SSMC, see exhibit D at~) to permanently stakeout oomer dips within the project area. These ' surveying servioes will be carried out aver three (3) separabe tasks (mobilizations) ~ and each suooessive task is contingent on the suooess of the preoeding 4sk and will I be initia~d upon the County's direction. The pu~pose of these ef~Orts are to allow I residents interested in negotiating comer dip (as previously iderrtified on Exhibits E I attached) land ac;quisition possibilides with the County, bo physically see the extierrt of the comer clips being requested for aoquisition on their respe~ive properties as well as establish the required permanerrt survey markers bo prooess the legal skebches and ~ ~I~ desa~iptions if the land is aoquired by the County. 2. Indude addfionat Inwood man-hou~s ~ prooess and apply the above data in #1 as well as to assist the County in ooordinating comer dip infonnation and preparing ~I comer dip exhibits to help facilitate property acquisitions. The cost of all supplemental work as described above would be as flolbws: I' • Task 1- Stake out 4 identified comer dips within Phase I north. ' Task 1 Cost = $2,180.00 i • Task 2- Stake out remaining 12 identified oomer dips within Phase I north. I Task 2 Cost = ~2,950.50 • Task 3- Stake out 12 identified oomer dips within Phase I south. I, Task 3 Cost = $2,950.50 Total Costs = ~8,~ I, A detailed fee estimate for the supplemental servioes is included as Exhibit B. ~,I I ~ AWOOd ~I .~ti.r. 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VI-D1 ~ S - J~ ~I DATE: March 3, 2009 , ~ . ~ AGENDA REQUEST REGULAR ' ~ PUBUC HEARING ( ) CONSENT(X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Diana Lewis, Airport Direct~r'L~," v SUBJECT: Request authorization to enter into a Underground Facilities Conversion Agreement with FPL for the relocation of the distribution lines impacting the new Runway 9U27R at an estimated , additional cost of $75,287 for a total cost of $1,708,776 to fund the total FPL powerline relocation, ' and moving funds from the Airport West Commerce Park capital budget to cover the additional shortfall of $75,287 on this project. BACKGROUND: See attached memo. ' FUNDS AVAILABLE: FAA: 140134-4220-563000-48006 -$1,250,600.00; FDOT & Local Match: 140335-4220-563000-48006 -$62,400; Additional County match: 140-4220-563000-48006 ' (approved by BOCC 8/7/2007) -$7,000; Transfer from AWCP: 140-4220-563000-48006 -$261,489 and $75,287 for a total of $336,776. PREVIOUS ACTION: FAA grant for $1,300,000 approved by the Board in August 2007. FDOT also ' provided a 2.5% matching grant, which with the local match was for a total cost of $1,372,000. ' RECOMMENDATION: Staff recommends that the Board authorize entering into the Underground I Facilities Conversion Agreement with FPL for the relocation of distribution lines, authorize reallocation of an additional $75,287 needed from the Airport West Commerce Park project to address the shortfall of funds for the FPL distribution line relocation, and authorize the up front payment of ~ $75,287, for a total cost of $1,708,776, to FPL for the relocation of transmission lines and distribution ,I lines at the St. Lucie County International Airport and authorize the Chair or designee to execute ~ same. ! COMMISSION ACTION: CONCURRENCE: ' APPROVED ( ) DENIED I'', O OTHER Approved 5-0 Outlaw, MPA County Administrator Coordination/SiQnatures ~-r County Attorney ( ) ~ ~ M~t & B~}dget ( ) . ~ Purchasing ( ) `t;, ~ : t ~ , ~ f Patty arst n/Marie Gouin ~ Originating Dept. ( , Other ( ) Other ( ) ' D na Cewis Finance: (check for copy, only if applicable) ' ~ BOARD OF ~ ~ ~ ~ AIRPORT COUNTY ~ COMMISSIONERS Diana l.ewis, Director . . MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: February 20, 2009 Re: Request authorization to enter into a Underground Facilities Conversion Agreement with FPL for the relocation of distribution lines impacting the new Runway 9U27R at an estimated cost of $75,287 for a total cost of $1,708,776 to fund the FPL transmission and distribution powerline relocation, and moving funds from the Airport West Commerce Park capita! budget to cover the shortfall of $75,287 for this project. In order to operate the new runway and taxiway under construction, powerlines located along Taylor Dairy Road need to be relocated. This situation was addressed in the Environmental Assessment prepared in 2004 and discussions with FPL have been on-going since 2005. In August 2007, the Federal Aviation Administration (FAA) issued a 95°/o grant for $1,300,000 to cover the anticipated cost of $1,320,000 for the construction of the powerline relocation. In addition, the grant also included a$52,000 preliminary engineering study, which was required by FPL to determine the final estimate. With the Florida Department of Transportation (FDOT) and local matches, the total estimated cost for this project was $1,372,000, which included the cost of the preliminary engineering study as well as the powerline relocation. In October 2007, the required $52,000 was sent to FPL to begin the preliminary engineering study. Although originally advised that this study would take three to four months to complete, the final packet containing the final estimated cost of the transmission line was not received until January 13, 2009. The projected construction cost for the relocation of the transmission lines increased from the estimated $1,320,000 to $1,581,489, leaving an unfunded balance of $261,489. Funds have been moved from Airport West Commerce Park to cover the unfunded balance. The Board approved the total payment to FPL on January 27, 2009. What was not included in this cost was the required relocation of the distribution lines, which are co- ~ocated with the transmission lines. In the January 2009 packet from FPL, the Airport was advised that the FPL Distribution Department would have to be contacted to determine what this separate cost may be. A first cost estimate of $215,000 was received to include the distribution lines on the poles with the transmission lines. In further discussions with the Airport's runway consultant, PBS&J, a less expensive option was proposed that included undergrounding the distribution lines in the immediate area of the runway and using existing poles north and south of the runway. To save time, the runway contractor will install the conduit and pull boxes for FPL around the west side of the canal adjacent to the west end of the runway. This additional work for the contractor will be included as a change order, adding $50,738 to the runway construction cost. A 15 foot easement around the canal would also be required. The cost from FPL went down to $75,287. Again, FPL is requiring an up front payment prior to FPL initiating the project. The construction schedule for the distribution line > : I relocation wiil be less for FPL because of the advanced work that will be provided by the runway I~I contractor while still allowing FPL sufficient time to order materials. ' Staff has continued to work with the FAA and FDOT on seeking options for additional funding for both ' the transmission and distribution lines. The FAA has agreed to allow the Airport to use our entitlement grants typically used for security fencing from this fiscal year and next to reimburse the Airport up to 15% above the $1,300,000 original grant amount or $195,000. Each year we receive ' $150,000 from the FAA as our entitlement grant. In FY 2009, we budgeted $157,000 for fencing, which included the $150,000 entitlement grant from the FAA and a 2.5% match from FDOT of $3,948. ' Of this, the FAA is carrying over $45,000 of the grant to FY 2010 and has identified the FY 2010 $150,000 entitlement grant to go toward the repayment of the FPL powerline shortfall. FDOT will provide a 2.5% match for what FAA provides as a grant. Total grant amount possible from FAA and FDOT is $200,131 and with the local match totals $205,263. The shortfall of funding needed for the ' FPL powerlines total $261,489 for the transmission lines and $75,287 for the distribution lines for a ' total shortfall of $336,776. With the additional grants and local match identified in FY 2010, the ' shortfall is reduced by $205,263 to $131,513. The FAA has also verbally agreed to allow the cost for the runway contractor to install the conduit and pull boxes to be included in the project cost for the ' runway as long as we are not exceeding the overall grant amount. ' The shortfall of funds needed for the distribution lines can be taken from the Airport West Commerce ' Park project. Due to receiving an FDEP grant of $788,000 for the Airport West Commerce Park sanitary sewer project, which had already been fully funded, the additional $75,287 can be transferred from this project's funds to the new runway project, if acceptable to the Board. This will allow the FPL projects to keep going forward so as not to impact the opening of the runway, recognizing that entitlement grants will become available in FY 2010. Staff recommends that the Board authorize entering into the Underground Facilities Conversion , Agreement with FPL for the relocation of distribution lines, authorize reallocation of an additional $75,287 needed from the Airport West Commerce Park project to address the shortfall of funds for i the FPL distribution line relocation, and authorize the up-front payment of $75,287, for a total cost of ' $1,708,776, to FPL for the relocation of transmission lines and distribution lines at the St. Lucie I, County International Airport. I I i, A 'llll~ FPL February 16, 2009 Ms. Diana Lewis, AAE Airport Director St. Lucie County International Airport 3000 Curtis King Boulevard Ft. Pierce, Florida 34946 Dear Ms. Lewis: Pursuant to your request in your letter dated 2/12/09 for a binding cost estimate, and your payment of $0 for the non-refundable engineering deposit, our engineering cost estimates have been completed. The amount required by FPL for relocating those distribution facilities described in your letter is $75,287.00. This binding cost estimate is valid for 180 days, providing there is no work scope change. Should you request FPL to proceed with the relocation, please sign and return the attached Relocation Agreement. If you do not request the relocation to be performed, or if the Agreement is not executed and its terms and conditions complied with within the 180 day time period, your $0 engineering deposit will be forFeited and the estimate withdrawn. If the agreement is executed and its terms and conditions complied with within that time period, FPL will apply the deposit toward the amount you would owe for the relocation work. The remaining amount of $75,287.00 must be paid prior to commencement of construction by FPL. I look forward to hearing from you. Please contact me at (772) 337-7063 if you have any questions. Sincerely, ~ ~~~ti Bill Hester TC Relocation Coordinator an FPL Gro~~o compari°~ UNDERGROUND FACILITIES CONVERSION AGREEMENT I,I This Agreement, made and entered into this 16 day of Februa , 2009, by and beiween Ms Diana Lewis AAE Airport I, Director on behalf of the St Lucie Board of Countv Commissioners (hereinafter called the Applicant) and FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the State of Fiorida (hereinafter calied FPL) is for the provision of , underground electric distribution facilities by FPL in place of existing overhead electric distribution facilities pursuant to the ApplicanYs request for such facilities. In consideration of the premises, covenants and agreements set forth herein, FPL and the Applicant agree as follows 1. The Applicant shall pay FPL a Contribution in Aid Of Construction (CIAC) in the amount of 75 287.00. o . 2. Pursuant to this agreement, the Applicant agrees to comply with and abide by the requirements, terms, and conditions ' of FPL's Electric Tariff as those requirements, terms, and conditions are set forth in said Tariff. , 3. Upon compliance with the requirements, terms, and conditions of FPL's Electric Tariff, FPL will proceed in a timely ' manner with the conversion of the existing overhead distribution facilities to an underground configuration in accordance with the construction drawings and specif+cations set forth in Attachment A hereof. ~ 4. In the event that the underground facilities to be installed, as specified in Attachment A, are part of, or are for the ' purposes of, relocation, then this Agreement shall be an addendum to the relocation agreement between FPL and the Applicant. In the event of any conflict befinreen the relocation agreement and this Agreement or the Electric Tariff, this Agreement and the Electric Tariff shall controL 5. Failure by the Applicant to comply with any of the requirements, terms, or conditions of this agreement or FPL's Electric Tariff shall result in termination of this agreement. The Applicant may terminate this ag~re~e~menot'~ed however, that the ' start of construction and the CIAC paid by the Applicant will be refunded to the App P , refund of the CIAC shall be offset by any costs incurred by FPL in performing under the agreement up to the date of termination. 6. This agreement is not assignable. IN WITNESS WHEREOF, FPL and the Applicant have executed this Agreement for the provision of electric underground ' distribution facilities to be effective as of the date first above written. ~I APPLICANT FPL ,I ~~f~ , Signed ' s~ I~ Signed , ~ u Name ~ I r? 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J? + ~ f i Q~~ ~U~ Q> k; ~OQ ~o ~ G ZLL.¢~Ry t __-.._U2~ ~ _ ' '_~<1 ~ ~ ~ ~ - - ~ i . , _ -~~l 4 ~ y ~ ~ i~ ; I~ ~ ~ ` ~ ,,,J ~ ~ ~ _ - ~~=~C!~pD ' ~ or ; /~~f ° ~ ~ ~ ~Z~; +~~1~ ~ it ; ? c~s y ~ ` ~aQ y' a a ~~i~ ~ ' ~ O ~ ~n oQ~~,~ l: C,~ c ~ u' w ---~-r~ - = d It ~ tsi , ~l`~ ~ ~ Oal O~ ~i ~ ~ ~0~ ~ , ~ f Z ~4 . 1 3 y ~1 ao , s ~if ~L~ ~ O i~ _ QdJ - ~ r-~ i ~{Z ' - ~ 1~' ~ ~ ~ = . 'c~ a ~ ~ I ~ ~ ~ - - _ - ' . . , -~t:- ~ _ - - - ~ - - . _ _ - , - _ - - - - ~ ~ _ _ - - - - 1~_ - ..s ` - v~ - i --;;It ~ ~ ; ~ ''.j I ~i ~~.11! , j ;i , Woi>:p - sooi zi o~ e.r~Ea'z_cw~s •a,~~~•y ~w.~w~o,i .ms\w~i ~.aa.wmw~\nwrv,a\":~^o> »~i u- ye~ osotruo\~~snv~~.r Second Revised Sheet No. 6.300 FLORIDA POWER & LIGHT COMPANY Cancels First Revised Sheet No. 6.300 ' , INSTALLATION OF UNDERGROUND ELECTRIC DISTRIBUTION FACILITIES I FOR THE CONVERSION OF OVERHEAD ELECTRIC DISTRIBUTION FACILITIES ' SECTTON 1Z.1 DEFINITIONS I APPLICANT - Any person, corporation, or entity capable of complying with the requirements of this tariff that has made a written request ' for underground electric distribution facilities in accordance with this tariff. ' CONVERSION - Any installation of underground electric distribution facilities where the underground facilities will be substituted for existing overhead electric distribution facilities, including relocations. CONTRIBUTION-IN-AID-OF-CONSTRUCTION (CIAC) - The CIAC to be paid by an Applicant under this tariff section shall be the ' result of the following formula: ' CIAC = The estimated cost to install the requested underground facilities, + The estimated cost to remove the existing overhead facilities, + The net book value of the existing overhead facilities; ' + 1'he net present value of the estimated operational costs of underground facilities over 30 years, ' + The net present value of the estimated average storm restoration costs of underground facilities over 30 years; - T'he estimated cost that would be incurred to install new overhead facilities, in lieu of underground, to replace the existing ~ overhead facilities (the "Hypothetical Overhead Facilities"); - The estimated salvage value of the existing overhead facilities to be removed; ' - The net present value of the estimated operational costs of the overhead facilities over 30 years; ~ - The net present value of the estimated average storm restoration costs of overhead facilities over 30 years. li GAF Waiver I For Applicants entering into an Underground Facilities Conversion Agreement - Govemmental Adjustment Factor Waiver with the Company, the otherwise applicable CIAC amount, as calculated above, shall be reduced by the GAF Waiver. If the Applicant ! elects to construct and install all or part of the underground facilities, ihen for purposes of calculating the GAF Waiver amount only, the otherwise applicable CIAC shall be adjusted to add FPL's estimated cost for the Applicant-performed work. The ' amount of the GAF Waiver shall be calculated as follows: GAF Waiver = 25% x the otherwise applicable CIAC; ~I + 75% x(the net present value of the estimated average storm restoration costs of underground facilities over 30 years less the net present value of the estimated average storm restoration costs of overhead facilities over 30 yeazs). ~ Note: The final term avoids double-counting the estimated average storm restoration costs embedded in the otherwise I applicable CIAC. DISTRIBUTION SYSTEM - Electric service facilities consisting of primary and secondary conductors, service drops, service laterals, I conduits, transformers and necessary accessories and appurtenances for the furnishing of electric power at utilization voltage. ~ SERVICE FACILITIES - The entire length of conductors between the distribution source, including any conduit and or risers at a pole or I other structure or from transformers, from which only one point of service will result, and the first point of connection to the service ' entrance conductors at a weatherhead, in a terminal, or meter box outside the building wall; the terminal or meter box; and the meter. II (Continued on SheetNo. 6.301) Issued by: S. E. Romig, Director, Rates and Tariffs ' Effective: Apri14, 2006 ' , , Original Sheet No. 6.301 FLORIDA POWER & LIGHT COMPANY (Continued from Sheet No. 6.300) SECTION 12.2 GENERAL 12.2.1 ~vlication This tariff section applies to all requests for underground electric distribution facilities where the facilities requested will be substituted for existing overhead electric distribution facilities. Any person, corporation, or entity capable of complying with the requirements of this tariff may submit a request as follows. Requests shall be in writing and must specify in detail the overhead electric distribution facilities to be converted or the area to be served by underground electric distribution facilities in lieu of presently existing overhead electric distribution facilities serving said area Upon receipt of a written request, FPL will determine the feasibility of converting the existing facilities, any necessary revisions to this written request, and the non-refundable deposit amount necessary to secure a binding cost estimate and notify the applicant of said amount. 12.2.2 Contribution-in-Aid-Of-Construction (CIACI Upon the payment of a non-refundable deposit by an Applicant, FPL shall prepare a binding cost estimate specifying the contribution in aid of construction (CIAC) required for the installation of the requested underground distribution facilities, where the installation of such facilities is feasible, and provide said estimate to the Applicant upon completion of the estimate along with either an Underground Facilities Conversion Agreement or an Underground Facilities Conversion Agreement - Governmental Adjustment Factor Waiver. The CIAC amount to be collected pursuant to a binding cost estimate from an Appticant shall not be increased by more than 10 percent of the binding cost estimate to account for actual costs incurred in excess of the binding cost estimate. However, the CIAC may be subject to increase or refund if the project scope is enlarged or reduced at the request of the Applicant, or the CIAC is found to have a material error prior to the commencement of construction. The binding cost estimate provided to an Applicant shall be considered expired if the Appticant does not enter into either an Underground Facilities Conversion Agreement or an Underground Facilities Conversion Agreement - Governmental Adjustment Factor Waiver and pay the CIAC amount specified for the installation of the requested underground electric distribution facilities within 180 days of delivery of the binding cost estimate to the Applicant by FPL. (Continued on Sheet No. 6.310) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: Apri14, 2006 . . ~ ~ ~ Second Revised Sheet No. 6.330 FLORIDA POWER & LIGHT COMPANY Cancels First Revised Sheet No. 6.330 ~ (Continued from Sheet No. 6320) I, I 12.2.10 Tvpe of Svstem Provided ' An underground distribution system will be provided in accordance with FPL's current design and construction ' standards. 12.2.11 Design and Ownershiv , FPL will design, install, own, and maintain the electric distriburion facilities up to the designated point of delivery except ' as otherwise noted. The Applicant may, subject to a contractual agreement with FPL, construct and install all or a portion of the underground distribution faciliries provided that: ' a) such work meets FPL's construcrion standards; I b) FPL will own and maintain the completed dishibution faciliries; I, c) the construction and installarion of underground distriburion faciliries by the Applicant is not expected to cause the ~I general body of ratepayers to incur greater costs; I d) the Applicant agrees to pay FPL's current applicable hourly rate for engineering personnel for all time spent for (i) ' reviewing and inspecting the Applicant's work done, and (ii) developing any separate cost estimate(s) that aze either , requested by the Applicant to reflect only FPL's portion of the work or are required by FPL to reflect both the Applicant's and FPL's portions of the work for the purpose of a GAF Waiver calculation pursuant to an Underground Facilities Conversion Agreement - Governmental Adjushnent Factor Waiver; and e) the Applicant agrees to rectify any deficiencies found by FPL prior to the connecrion of any Customers to the I underground electric distriburion system and the removal of the overhead electric distriburion faciliries. I , 12.2.12 Relocation ' Where underground electric facilities are requested as part of, or for the purpose of, relocation, the requirements of this tariff shall apply. As applicable, the Underground Facilities Conversion Agreement or the Underground Facilities I Conversion Agreement - Governmental Adjustment Factor Waiver shall be executed as an addendum to the relocation 'I agreement between FPL and the Applicant. In the event of any conflict between the relocarion agreement and this tariff, I the tariff shall con~ol. Furthermore, where the regula6ons of the Federal or State Department of Transportation (DOT) I prevent pre-payment of deposits and other conversion costs, the Federal or State DOT may pay the CIAC after the work I has been performed. , I I I ~I !I Issued by: S. E. Romig, Director, Rates and Tariffs ' Effective: April 4, 2006 ' ~ : ITEM NO. VI-D2 / ~ ~ . _ ~:..~~.~~z~~, ~11~z.~u_ ~ ~ ~ DATE: March 3, 2009 III r AGENDA REQUEST I , . ~ . REGULAR ( ) , _ PUBLIC HEARING ( ) CONSENT(X) ' TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: / SUBMITTED BY: Airport Diana Lewis, Direct~ ' SUBJECT: Request that the Board approve Change Order #3 for Dickerson Florida, Inc., , for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from ' $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9U27R and Taxiway construction at the St. Lucie County International Airport. BACKGROUND: See attached memo. FUNDS AVAILABLE: Funds are available in Federal Aviation Administration (FAA) grant I fund 140135-4220-563000-48006 and Florida Department of Transportation (FDOT) grant ~i~ fund 140335-4220-563000-48006 Infrastructure I PREVIOUS ACTION: County Administrator approved Change Order #1 for a decrease of ! $14,930.00 in the original contract amount in December 2008. Change Order #2 was approved by the Board on February 17, 2009 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9U27R and Taxiway construction at the St. Lucie County International Airport and authorize the Chair or designee to execute I the same. COMMISSION ACTION: CONCURRENCE: Q(j APPROVED ( ) DENIED ' OTHER ~ ~ ' Approved 5-0 Faye W. Outlaw, MPA ~I~ County Administrator ' Coordination/Siqnatures i ~ County Attorney ( ) ~ Mgt. & Budget ( ) Purchasing Dan clntyre Patty Marston/Marie Gown Melissa Simberlund ' Originating Dept. " Other ( ) Other ( ) Qia ewis Finance: (check for copy, only if applicable) ' ~ 1~. BOARD OF ~=~`~"~~::.i ~ COUNTY ~ AIRPORT COMMISSIONERS Diana ~ewis, Director . . MEMORANDUM To: Board of County Commissioners From: Diana Lewis, Airport Director Date: February 20, 2009 ~ 1 Re: Request that the Board approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract amount of $64,532.00 from $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time changing the substantial completion date from June 6, 2009 to June 26, 2009, for the second phase of Runway 9L/27R and Taxiway construction at the St. Lucie County International Airport. The new runway and taxiway construction project was bid in two phases based on when Federal Aviation Administration (FAA) funds became available. The first phase, which included the clearing and grubbing of the taxiway and runway areas and relocation of the canals, was awarded on October 10, 2006 to Dickerson Florida, Inc., (a contractor with offices in Fort Pierce) in the amount of $5,323,348.00. There have been a total of five change orders on this phase of the project, increasing the contract amount by $354,133.79, or 7%, for a total of $5,667,481.74. This amount was within the previously approved budget. These change orders are also funded by FAA and Florida Department of Transportation (FDOT) grants. In June 2008, the FAA provided another 95% grant to complete the second phase of the construction of the runway and taxiway. FDOT also provided a 2.5% matching grant. After a competitive bid process, Dickerson Florida, Inc., was awarded the second phase of the new runway/taxiway construction on July 1, 2008 for a contract amount of $3,689,879.78. Change Order #1 for the second phase of the runway project was approved by the County Administrator on December 10, 2008. That change order reduced topsoil quantities, eliminated a 30" steel water main casing and added new culverts and additional hauling for vegetative debris to be taken to a designated burn area away from the end of Runway 9. This resulted in a$14,930.00 reduction in the contract amount for a revised total of $3,274,949.78. No change in contract time was required. Change Order #2 was approved on February 17, 2009 for unanticipated remedial work needed to install a culvert crossing and headwalls in an area where the subsurface soils are substandard. Also being changed are three gate openings that were bid based on a 35 foot width. It was recently determined that a 40 foot width gate would be needed to accommodate towing aircraft with up to a 38 foot wingspan. To offset the costs of these additional items, ~ other work items were eliminated with the result that the cost for Change Order #2 totals I~', $28,724.00. Since Change Order #1 previously reduced the contract amount by $14,930.00, the impact from Change Order #2 to the original contract amount is an additional $13,794.00. This amount is within the original budget for the runway project. FAA and FDOT grant funds I are available to cover up to 97.5% of this cost. An additional 30 days is being added to the I, contract time changing the substantial completion date from May 7, 2009 to June 6, 2009. I Change Order #3 is for the contractor to install conduit and pull boxes for FPL distribution ' lines to be underground around the west end of the new runway. The distribution lines need ' to be relocated from existing FPL power poles that cut across the new runway and taxiway ' under construction. In an effort to reduce costs and time for FPL to remove these lines, the ' contractor will do some preliminary work for FPL so that there is sufficient time for FPL to ' order materials once payment is received from the Airport. The contractor cost is $50,738.00, which is within the runway construction budget and is funded with FAA (95%) and FDOT (2.5%) grant funds. The additional 20 days being requested for the contract time will change the substantial completion date from June 6, 2009 to June 26, 2009. Staff recommends that the Board of County Commissioners approve Change Order #3 for Dickerson Florida, Inc., for $50,738.00 resulting in a net increase to the original contract ' amount of $64,532.00 from $3,689,879.78 to $3,754,411.78, with an increase of 20 days to the contract time changing the substantial completion date from June 6, 2009 to June 26, ' 2009, for the second phase of Runway 9U27R and Taxiway construction at the St. Lucie , County International Airport. ' I ~ I II~ ~I , i ~ CHANGE ORDER ST. LUCIE COUNTY PROJECT: CHANGE ORDER NUMBER: No. 03 (name, address) Runway 9L-27R and Parallel Taxiway System INITiATION DATE: 3/3/2009 St. Lucie County International Airport CONSULTANT'S PROJECT NO.: 100004864 (PBS&J) TO (Contractor): Dickerson Florida, Inc. ST. LUCIE COUNTY P.O. Box 910 CONTRACT NO: C08-07-284 Ft. Pierce, Florida 34954 CONTRACT DATE July 1, 2008 You are directed to make the following chan es in this contract: (Additional sheet attached as Exhibit A Yes No) Additional work related to the FP&L Conduit installation The original (Contract Sum) (G ) was $ 3,689,879.78 Net change by previous authorized Change orders $ 13,794.00 The (Contract Sum) ( t) prior to this Change order $ 3,703,673.78 The (Contract Sum) ( t) will be (increased) (dQSFeRSe~-or uqsbe~ed) by this Change Order $ 50,738.00 The new (Contract Sum) ( ) including this Change order will be $ 3,754,411.78 The Contract Time will be (increased) ( ) by ( 20 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 26-Jun-09 Funds Available: Account Number 140135-4220-563000-48006 & 140335-4220-563000-48006 The adjustrnent 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 this 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 intenuption 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 or 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 the 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. CONTRACTOR: APPROVED: Dickerson Florida, Inc. St. Lucie County International Airport Contractor. St. Lucie County Department: P.O. ox 910. Ft. Pierce, FL 34954 2300 Vir inia Avenue, Ft. Pierc lorida 34982 Address' ~ A s: u ~ ~ ~l_'/ ~.-~...""_.:,t: -i--~--~- 0~-3 z'~ G Z 3 Date: gy. Date: BY~ AUTHORIZED: CONSULTANT: ST. LUCIE COUNTY PBS&J, 482 S. Keller Road, Orlando, FL 32810 BOARD OF COUNTY COMMISSIONERS ArchitecUEnginee~ ` , '~l;~~i~Q ~ By: Chairman Date: gy. ` Date: Approved as to Form and Correctness: County Attorney - I ~ , I ~ ~ : i v - Y., ~ ~ . . ~ ii~~ . I~~~i DICKERSON _ F[.ORNA, MC. Februa ry 16, 2009 ncoe~P,u~rr oF rHe o~RSON cROUa, nvc. Mr. Craig Sucich, P.E. PBS&7 Delivery via Emai! and US Maf! ' 482 South Kelier Road Oriando, Fl. 32810-6I01 ' SUB)ECT; St. Lucie County International Airport Runway 9L-27R and Parallel Taxiway System {BP #2) FDOT Na.: 236686-1-94-01 ' FAA ATP ~No.: 3-12-0023-09-2008 ~ DFI Project No.: 3482 ' Dear Mr. Sucich: _ Pursuant to our contract agreement and specifications, and your subsequent request for pricing for additional work related to the FP&L Conduit installatian, our revised pricing is ' provided below. DESCRIPTION QTY U/M ~'P 13.80 $41AL Instal! 2" x 6" Conduit 30U0 lF 400.00 Install Pull 8oxes 7 EA $1,334.00 $ 9,338.00 TOTAL: $50,738.00 This pricing is based on instaliation of owner provided materials. Please note that this ' informatfon is provEded b~sed on the quantity and depth data in the email RFP, and is not based on a plan review. This pricing inciudes our allowable contractor mark-up, I We wiil require an additional twenty (20) calendar days be added to aur contract to perform this work. ' If these unit prices meet with your approval, please prepare a Change Order at your eariiest convenience. Should you have any questions or requlre any additional information, please contact me. I Respectful ly, ' DIC RSO LORIDA, INC. I Wend R. B ' Vice resi ent 'I C: Larry T. Dale - DFI Fi le P.O. Box 910 • Fort Pierce, Florida 34954-097 0 ' (772) 429-4444 Fax (772) 429-4445 www.dfifl.com ~ II i~ y i • ~I I Agenda Request Item Number VII-A I Meeting Date: 03/03/09 . Consent [ ~ ~ Regular [ ] ! • ~ • Public Hearing [ X ] ~I Leg. [ ] Quasi-JD [ X ] ~ To: Board of County Commissioners Presented By Submitted By: Growth Management Department ' Mark Satterlee, AICP Growth Management Director SUBJECT: Request for a continuance of the adoption hearing for Comprehensive Plan Amendment Cycle 2009-1, formerly known as Comprehensive Plan Amendment Cycle 2008-2. ' Ordinance No. 09-006 (formerlv known as Ordinance No 08-030) Project Name: Cassens White City Grove Applicant / Agent: Terry L. Virta, AICP File No. FLUMA-420081453 / TCP-420081454: ' Future Land Use Map Amendment from RS (Residential Suburban - 2 du/acre) to MXD ' (Mixed Use Development) Specific Use Area, adding Figure 1-7m and Sub-Area policy ' language. BACKGROUND: One application to amend the Future Land Use Map and text is being considered in the ' current Comprehensive Plan amendment cycle. FUNDS AVAILABLE: N/A ' PREVIQUS ACTION: At the March 3, 2009 public hearing on this matter, the St. Lucie County Growth ' Management Department will be requesting a continuance of the adoption hearing for the 2009-1 Comprehensive Plan Amendment Cycle until April 21, 2009. ' On January 5, 2009 the Growth Management Department was in receipt of the ' Department of Community Affairs issued Objections, Recommendations and Comments (ORC) report for the amendment package. ' At the October 7, 2008 Board of County Commissioners hearing, the Board voted ' unanimously to adopt and transmit to DCA Ordinance No. 09-006 formerly known as , Ordinance No. 08-030. At the September 9, 2008 Planning and Zoning Commission hearing, the Commission voted unanimously to recommend adoption and transmittal for Ordinance No. 09-006 formerly known as Ordinance No. 08-030. RECOMMENDATION: Staff is requesting the continuance of this item to April 21, 2009. COMMISSION ACTION: CONCURRENCE: ' ~ APPROVED ~ DENIED I ~ OTHER Approved 5-0 G~ Faye W. Outlaw, MPA I County Administrator ~ Coordination/ Signatures County Attorney E.R.D.: County Daniel S. Mcintyre Amy Mott Ron Harris County Engineer: Other: Other: Michael Powley ,i Form No. 07-07 I County Commission Review: 03/3/09 ` ~ Comprehensive Plan Amendment Cycle 09-1 • • • ~ • MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Mana ement Direct~ 9 Robin Meyer, AICP, Assistant Director FROM: Britton Wilson, Senior Long Range Planner 4~- DATE: March 3, 2009 SUBJECT: Request for a continuance of the adoption hearing for Comprehensive Plan Amendment Cycle 2009-1, formerly known as Comprehensive Plan Amendment Cycle 2008-2. Scheduled for the March 3, 2009 Board of County Commissioners agenda is the adoption hearing for the St. Lucie County Comprehensive Plan Amendment Cycle 09-1 (formerly known as 08-2). During this hearing, staff will be requesting a continuance of the 09-1 Amendment Cycle to April 21, 2009. There is one remaining item in the 09-1 Amendment Cycle, which is known as the "Cassens White City Grove," an application to amend both the Future Land Use Map and the text. Due to a recent reassignment of this project, a continuance is necessary to properly review and comply with the Department of Community Affair's issued Objections, Recommendations, and Comments (ORC) report, received by Growth Management on January 5, 2009. The requested continuance will afford staff the time necessary to address outstanding inconsistencies with the State Comprehensive Plan regarding water resources and public facilities; a process which requires coordination with the Ft. Pierce Utilities Authority. SUBMITTED: G ~~lGr Mark atterlee, Director Growth Management Department cc: File I ~ - - - - I~ ~ ~OAFZ~ ~E ~~~1~'~~ CO~~~~ ~~~~~~E~E~~ C~IVINIISSI~?I~EF~S ~ i e ~ • I ~~:r. - ~~-h: h - - - February 13, 2009 ~ .~da F Johnson I~'~ 4847 Selvitz Rd ~I Fort Pierce; FL 34981-4808 Cassens White City Grove ' FLUMA-420081453 I TCP- 420081454 ' The St. Lucie County Board of County Commissioners proposes to consider adoption of the following 09- II 01 Cycle (Formerly Known As 08-02 Cycle) St. Lucie County Comprehensive Plan Amendments for transmittal to the Fiorida Department of Community Affairs: ' In accordance with the St. Lucie County Land Development Code, you are hereby advised that Steve ' Cassens (Terry L Virta & Associates, inc., Agent) presented a petition to St. Lucie County for a proposed ' Large Scale Future Land Use Element Amendment for 38.05 acres more or less, located in St Lucie County If adopted, the change would amend the adopted Comprehensive Plan Future ~and Use Map from RS ' (Residential Suburban - 2 du/acre) to MXD (Mixed Use Development) Specific Use Area, adding Figure 1- 7m and Sub-Area policy language to the Comprehensive Plan, for the following described properry: , Location: Northwest quadrant of West Midway Road & Selvitz Road, on the North side of Favorite Road Legal ~eSCPlptlOri: Lots 4 and 5 in the Northeast Quarter (NE 1/4) of Model Land Company's Subdivision, of Section 6, Township 36 South, Range 40 East, as shown by the plat thereof on file in plat Book 4, page 34 of the Public Records of St Lucie County, Florida, less and excepting to canal and road right of way. And Lots 6 and 7 in the Northeast ' Quarter (1/4) of Model Land Company's Subdivision of Section 6, Township 36 South, Range 40 East, being the same property described as: The West one half (W 1!2) of the East one-half (E ll2) of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4); and the East one-half (E 1/2) of the West one-half (W 1/2) of the Northwest Quarter (1~`W 1/4) of the Northeast Quarter (NE 1/4); all in Section 6, Township 36 South, Range 40 East. All containing 38.05 Acres more or le~ss. The pubfic hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Tuesday, March 3, 2009, 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 rec.eived 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 Board of County Commission, rather than by contact outside of the scheduled public hearing. We encourage you to speak at these public hearings, or provide v~~-itten comments for the recard. , 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 need to ensure that a verbatim record of the proceedings is made, which record includes the testimonv and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals , CHRIS DZ.ADOVSKY, District No. 1• DOUG COWARD, DisVict No. 2• PAULA A. LEWIS, District No- 3 I • CHARLES GRANDE, District No- 4< CHRIS CRAFT, District No. 5 I County Administrator - Faye W Outlaw, MPA Website: www.co.st-lucie fl us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 ' GROWTH MANAGEMENT PHONE: (772) 462-2822 FAX (772) 462-1581 ~~~~B.d' _ _ ~~~tl6'~~ { ~~O.D~~~ _ CVC~6l~i.d'~~6'O~~l~' h i ~~8~6~~~~.G~~~~~~~ ~ _ 0 ~ ~ ~ ~,~sr.r- o: , ~s'+rc.2yx'~-:.7Tn .5~~ - '`i4.. _ ' 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 ar T.D.D. (?72) 462-1428. If you no longer own property adjacent to the above-described parcel, please forvvard this notice to the new owner. Please call (772) 462-2822 or email miloned@stlucieco.org if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COL~TY COMMISSIONERS Paula A. Lewis, Chair Form No. 07-19 CHR1S DZADOVSKY, District No. 1• DOUG COWARD, District No. 2• PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4• CHRIS CRAFT, District No. 5 County Administrator- Faye W. Oudaw, MPA Website: www.co.st-lucie fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT PHONE (772) 462-2822 FAX (772) 462-1581 - ~ . i FLUMA-420081453 A petition of Steve Cassens (Agent, Terry L. 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A'~' I.'~: r."•. r~~ A.~. r.'~ . r.~`' A'ti. } CDEVINE.RD NSLRDD CANAL NO. 1C2~~ . ~ i ¦ i I I , • ~I • , I I , ~ ~ ~ ~ / ~ I ~ I ~ ~ ~ ~I ¦ ~ ~ ¦ / ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ i ¦ ~ ~ 5~~ n. / ~ i I ; I ~ , ~ ~ ~i~ ¦ ~ ~ ; ~ J ~ i! . . w FAVORITE,RD ~ ~ ~ • , I I ? ~ ~ ~ ? I I ' • I ? , ~ ~ ~ ~ ' ~ ~ a ~ ¦ ~ ~ ¦ ~ ~ ~ ~ ~ ¦ ~ ¦ ¦ ~ ~ ¦ ~ ~ ~ ~ ~ ¦ ~ ~ • I I i I ~ ~ I I i ~ ~ ~ ~ I I I LL1 ~ I ILLI ~LL I I I III O~ I ~ ~I ~ ~ ~ ~ a I W MIDWAY RD I o ~ I . ~ _ . ~ I rJ NW OMEGA RD NW RUGBY DR : NW REGAL CIR J ~ ~~O ~ " ~ `/2C'~' . Z ~ - ' ~ Subject property ' ¦ ' 500 ft. notification area ....1 ~ N y ~ City of Ft. Pierce G~~-~~Y, G>mrch ~(anagcmmt D~¢rtmcnt~. ~ City of Port St Lucie , Map prepared July 18, 2008 , ST. LUCIE COUNTY BOARD OF COUN7Y COMMISSIONERS , PUBLIC HEARING A6ENDA March 3, 2009 NOTILE Of ~NiENI Tp GON51~Eq ADOPilON OF AMEN~MENTS t0 TME N7URF UN~ USf ELEMENi OF THE 51. IUCIE COUNiY LpMPqEHEMSIVE PLAN OflDIHRXCF N0. U9-006 ~FO~merly Mnown as OrE~in~nce pE-U30] T~e SI, Lucle Lounry BuarE ol Counry Comm'isxivners proDOSer la ~onslOet aEOption ei I~e lollowinp 09-Ot cy~i~ ira~m.dy K~ow~ ae-oz cy~i~l si. woi. co~~ry como,.n.~~i.. ri,~ ~me~emmia ro, i„~aminai m m~ Flwitl~ Dap~hmenl ol LommunityAll~irs: ORpINAN[E N0.09~006 (FOrmerly Fnown ~.c prEin~nce OB-p30) ~H OPpIHANCE OF iME BOAPO pF GOUNiY I COMMISSiOMfRS Of Si, ~UCIE LOUNiY. FtOP~O~, IMENO~NL TNE 400FiE0 COMPqENENSIVE VI~H FUiUpE LIND USE M~P FOR ~~A.05 RLPE (M.O.L.~ i~FCEL OF UN~ FqpM NS ~RESI~ENiI~I I SUBURBPN - 2 pWEIIING UNI1S PEq FCXE) i0 MXO (MINED USE PEVE~DYMENT~ SPECIfI[ I ~ USE .1RE~~, ~NO ~MENpINL POLILY 1.1.'!.] OF THE FUIUNF UNO USf ELEMENT TD INCWOF FIGUflE 1~/M IN~ Yq4Yl01MC SVB-ARE0. GOIICY UNGU~GE~, IXOVIOING HMDINCS; YFOVi01NL fOP COMiLILiING PqOVI510NS~, PROVIOING GOP I SEVEq~81LIiY; Pq0V101NG fpP ~PP~ICRBIlII1'; PXOVIDING FOP FILING WITH TNE FIOflID4 OEPAPTMENT Oi STRiC, PpOVI01HG FOF FIiiHG I WITN TXE iIOflIDA pEP~piMENT Of COMMUNITY AFF~IqS, PqOVIOING f~R,1N EFFE[ilVf 0~1E, AHD Pq0Yl01NG FOR pDOPT10N. AYPLICANT~.Sleve Cassens ~Teir~ ~Vina 6 Assx~ales. Inc_ qqenl) FIIE HUMBEfl'. RUMA-9 2 00 819 5 3'TCF-<2~OA1454 LEG~L DESLFIP110N,tolS A~ntl 5 inihe NoMCast Ouaticr I . ~ (NE 1;47 0' Mo0<I LanO ComOanys Subtlivision, of Seclion 6 Tovins~lp ]E So~l~. R~n9e /0 E~51. xs s~o~~vn ~y IM plal I~eieo: , Colil~.Fpla~a~ieszaMerteplin~p~ canalano~roxo~rign olLtva~e I AN~~Lols 6 ana ) In I~e Nonhnsi Ouaner (ild) oi IAOdeI L~ntl ConipanYS $i~DGiviS~~on ol S<clqn 6, io~vns~ip 36 Soutn. Ranoo n0 Easl, b_iry the same O~oD~M descri~e0 as rn<w~s~ o~e nar, (w v2~ oi in~ E~si o~e-nau ~E ~rz) oi me Norlmvesl0uanei(NN'1'q~ollhe NonAea51 putrler(NEti4). l~d f~e EiS~ On<-~all IE lr2j 01 (he WeSi One-~di~ (4V 1R) o;i~r. Hortliwesl ~u~~er iNW olihe Nort~eas~ OuaM1ei ' (Nf 1/9j; all in $e4ion 6, iownship ~G SouN, flanqe JO,aSL nll conlaiiiin0 38.05 Acres mnre or lesi. I i: c\ I, 1.. I , J I ~ 1 i ~ ~Y ~ / ~~yF: I j ~ ~ i ',t i~ , i ~ ~ ~ { h- \ L ~ 4'~-~'n~ \III _ ) IOLPTION: No~nwesi quaGnnl ol 1Nesl Alidvray Roa~ ~nd Selvilt RoaJ. or nonn si0e ol Favorile qoa0 Puryose~. AmenO Fulure L~nd Use Map loi a 38.0 acre ~m.e.l.j parctl ol lan9 Iron: RS (ResitlerAial S~OUrban - 2 ~vn.l~inq Unils D<r arre) to MXO jMixe~ USe De~~eloDnrtnt) Specific Use A~ca; ~nd artlen~menl Pol~q ~,~,~.3 0l Ihe fNU[e ~~nd llze Eleillnt to incluEe F~ipurt i-7M and plovitle lo~ a SuG~0.rea Polic~~ Io I~e NiXO Fulurt Land Use Oesignalion. Tne PUB~IC HEARING on IA~~s itern ~~ril! be hei0 in ti~e Comm'ission C~~mpers, poge: Poilras qnner,. 3:[ Floo~, S!. Lvcie County Atlminislralion BuilOinq, 2300 Virpinia Aveniie, fort Pieice. Flo~itl~ on TuesCaY~ M~« ~ J, Zpp9 O~pii~ninp il ~ 6:DOp.m.o~ soni~eroReraspossiule. a~il Inlereste0 persons will oe giren zn ooD~uniry ;c Ge Mard Wrilten eomments rettveE in aMance of Ilu ou6ik hearing .nu .isa o~ con:~derea. w~ine~ comm.m: m m~ eo:m oi eo~ny comm~:mone~s :nawa oe rece~~.a oy m~ cmuan n+a~~o~m<m. aw~m~~i - ai.~~iny omis~o~ ai ¢,s~ : m~•: prior lo ili~ sc~e0uletl ~ezririy. Tr~e pelilion Ii1e is ~vailab4lu~ n~ al th< 6io~~RA tAan~qemenl Gcp~hmcnl eHKes loea~etl at 2300 VirgiNa Avenue, 2nd Fbor. Fon Pierce, FloriOa, tluring rz9uNt Eusiness ~ours. Pl.ase ral! 7iYii62~28~2 or TOD 71&462-1A28 il you ~av<viy Queslions o~ reQUire ad0itional inlormalion. The Si. lucie Gounry BoarO ol Counly Comm¢sbners has N~ I ver Ic «~~Kw an~ granl ~ny aDP~Kalions wilhin tl~eir area o~ ' esV~slDiliq. T~e DroceeGings ollne Bwrd ol LOUn(i Commissioners are ekclronicaln~ iecorOeU. PtIqSUAdT TO ~ I' 7B6 O1a Flo 'd SI I, II a person aeci0ef Io apD~a: any Oec¢ maEe Ey t~e Bwfe o~ Couny Commissonas w~t~ resDK~1~o any maner consi0ere0 al a meelinq o: nearinp, he or sAe w111 nee0 a ie[otA ol I~c Orocee0inqs. For Such purpose, At orsh< m~y nttE to ensure f~ai a ~eNa~iin recoid olllie procee0ings maae, v:nicn rzcortl inaua-z In~ ~esiimony ~ne evioence upon wnic~ 1 Ae aOP~al is ~o ~e ~aieE. Upon IAe « Qu<st ci airy p~~Y [o Ne V~a~ed~np, InEivitluals ~cstilyinp OwinF +~wr~nq r~ill Ee swom in qny pahy ~o ~ne praee0inq will Ce 9~anted an oppo~lunily io cro5s-eaamint ~ny inervidual lestliyinq ou: inp r ~ea~in9 upon rc0~esl I( h ~ecoma nec!ssa~y, a puClic I~earufp m:y oe commu.a trom rme m am~ as ma~~ ~e ~c~exv~v m a m~e-cena~a AnyonG wlll~ ~ tl'i5i0iFIY ~COUir~i10 +cc mo0ali0n 10 ilt[n(I IAIS ineqii~p sl~oi~ld co~laC Ihe Si. luEle Counry Goinmuiilry Seniees Olreclor ai kast lom•-eiq~l (4B1 ho~rs piior io Ilie - meelin0 al ]]2/f62-1]I] OrT_D.0.112/4fi2-1a28. BOARD OF COUNTY COMMISSIONERS ST, LUCIE COUNiV, flDRIOA /S/PAULA A. LEWIS, CHAIR PUBLISM OATE Fe~ruary 17,2009 I - i D D w w w w w w w w~ w w w n~ w w w w w w w w w w w w~ ~p -p A~? A A ~ A O ~ A A A A A~ A A A A A A A A A p~ ~p ~ O, O O O O O O O O O O O W O O O O O O O O O O O O~ ~ . 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A~ A A A~ A A~ ~ N A O~ W W~~ A A A 00 A A(D CO CO c0 CO CO CO CO CO c0 t0 CO c0 ~ CO O c0 CD cD c0 c0 Cfl A cD ~ O CIt Cn Oo Oo Oo W~J O~ Oo Oo Cn 0o CI~ ~ Oo N Oo v~I Oo CIi Oo (J~ Oo ~ 0o n p ~ ~ ~ ~ ~ ~ (p ~ ~ ~ ~ ~ ~ CO ~ A ~ N N GJ ~ ~ ~ ~J ~ ~ ~ i i i i i i i ~ i i ~ ~ i i O A~ ~P N ~ O A Cn i~ A A ~ N A~ ~ 00 00 00 ~ OD ~ 0o W OD Oo Oo OD N Oo ~ ~ ~ O O O~I O ~ N O ~ O ~ OD O i W(p ~ Cp ~ ~ W W O O 00 O O~ O~ I III il I Agenda Request Item Number VII-B I'~ _ T r=. _ Meeting Date: 03/03/2009 'i Consent [ I , ~ Regular ( ] ' . . ~ ~ Public Hearing [ ~ ] ' - ~e9~ ~ l Quasi-JD [ ] To: ~ Board of County Commissioners re nted By ' Submitted By: Growth Management Department L ~ Gro Manage Dire tor ' Consider the petition of Barol LLC for a waiver from the paving requirements of Section SUBJECT: 7.05.07 of the St. Lucie County Land Development Code for the Minor Site Plan for the project known as "Horseshoe Grove." Draft Resolution No. 09-010 File No.: 720071270 Current Zoning: AG-5 (Agriculture -1 du/ 5 acres) ' Future Land Use: AG5 (Agriculture -1du/ 5 acres) ' Project Area: 40.61 acres , BACKGROUND: Horseshoe Grove is pending approval through a GM Orderfor a 7-lot Minor Site Plan on 40.61 acres of land. The project is located on North FFA Road, which is a County owned , and maintained dirt road. The Land Development Code (LDC) Section 7.05.05 B.2.a(2) requires paved access frorn a paved roadway to the subdivision's entrance, to be designed according to the County's standards. Further, LDC Section 7.05.07(B)(2) provides for a waiver from the paving requirement provisions by the Board of County ' Commissioners, following a public hearing, if the Board determines: ' 1. That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or ~ 2. That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit units, or ' 3. That the access road does not have adequate right-of-way in which to construct ' the necessary paving improvements in accordance with County standards. ' On July 2, 2007, Growth Management Department received a 7-lot Minor Site Plan ~I application. The subject parcel (parcel no. 2304-412-0020-0000) was not created in compliance with Section 11.03.04 - Procedure for Minor Re-Plats and Lot Splits. j I The Beville family has agreed to submit a lot split application to legalize Parcel No. 2304- ' 443-0001-0007 prior to recording a plat for "Horseshoe Grove." II, ~I ~ FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends adoption of Draft Resolution 09-010 denying the request. Form No. 07-07 ' I COMMISSION ACTION: ~ APPROVED DENIED CONCURRENCE: OTHER Approved 4-1 - " Comm. Craft voting no. Faye W. Outlaw, MPA County Administrator COORDINATION/ SIGNATURES County Attorney E.R.D.: Countv Surveyor: ~ Daniel S. Mcintyre Je ni r Evans Ron Harris County Enqineer: /4~ Other: Other: Michael Powley I I ~ I ~ ,II~ I Form No. 07-07 , ' , I Commission Review: March 3, 2009 GROWTH MANAGEMENT DEPARTMENT ' . Planning Division ' o . ~ _ ~ MEMORANDUM TO: Board of County Commissioners ' THROUGH: MLa~~; ~tterl~' Director Growth Management ' Kristin Tetsworth, Planning Manager FROM: Aneela Ansar, Senior Planner 0.~ ' DATE: February 02, 2009 SUBJECT: Petition of "Barol LLC" for a Waiver request pursuant to Section ' 7.05A7(B)2- Paving Requir~ments for Roads that Access Developments ' Requiring Site Plan Approval that Utilize Unpaved Public and Privafe Roads for Access, to not pave North FFA and the intemal roads for a ' Minor Site Plan, pending for approval, for the project known as °Horseshoe Grove." File Number: 720071270 ,I The applicant is seeking a waiver from the following provisions of the Code: Section 7.05 07(B)2- Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the Development Review Committee has reviewed the subject application and has determined this ' application does not meet the minimum following standards as required by the Engineering ' Division of the Public Works Department: 1. Section 7.05.07(8)2 of the Land Development Code which requires new development I', to provide paved access. The applicant is requesting a waiver of this standarcl as well as a waiver of the ~quirement to pave the intemal road. The Engineering Division of I the Public Works Department does not support the waiver request from paving j requirements for North FFA Road unless the applicant pays the fair share contribution II for the paving of FFA Road pursuant to Section 7.05.07(B)4a. Under no cir~cumstances does the County Engineer support a waiver of the intemal roads. Horseshoe Grove is pending approval through Growth Management Order (GM Order) for a 7- lot Minor Site Plan on 40.61 acres of land. The project is located on North FFA Road, which is a County owned and maintained dirt road. The developer of "Horseshoe Grove" is ~equesting that the Board grant relief from the requirements of Section 7.05.07 of the St. Lucie County Land Development Code, which requires that unpaved access roads to developments requiring site plan approval, be paved to County road design and construction standard specifications. ~ , Subject: Horseshoe Grove - MNSP 720071270 February 2"d, 2009 Page 2 of 3 The Engineering Department is requiring the developer to pave North FFA Road and the internal road shown on the site plan as Tract R-1 and to be known as "Horseshoe Grove Road." The County Engineer has consistently stated that he will not support the requested waiver. As a small traffic generator, the applicant can contribute a fair share amount towards the eventual paving as permitted in the LDC. And the County Engineer would then support the waiver. According to the Engineering Department, the paving waiver includes the proposed internal roads. The County Engineer does not believe the Code allows a waiver of the internal road paving requirement and does not support waiving this requirement. According to the Engineering Department, the estimated cost to pave the two internal road of Horseshoe Grove is $125,000 to $150,000. And the estimated cost to pave all of FFA Road to the north side of their property is $1.5 million. The Fair Share Contribution calculation (for FFA Road only) is not complete but will likely run in the $100,000 -$150,000 range. Furthermore, the applicant has submitted an initial submittal for the Fair Share Contribution calculation but has not yet resubmitted in response to our review comments. Section 7.05.07(B)(2), of the St. Lucie County Land Development Codes, states that the paving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: (a.) 1. That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or 2. That the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit because it is not in the County's 5-year program and there is no MSBU for FFA Road, or 3. That the access road does not have adequate right-of-way in which to construct the necessary paving improvements in accordance with County standards. (b.) If paving requirements are waived, the Board may attach conditions deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the development's fair share of paving costs for the unpaved public or private road providing access to the development prior to issuance of final record plat approval pursuant to the procedures set out in Section 11.03.00. Staff has reviewed the request for relief from the provisions of Section 7.05.07 and believes that all situations involving such relief should be looked at on a case-by-case basis. In reviewing the request, the Engineering Division of the Public Works Department does not support the waiver request from paving requirements for North FFA Road, unless the required fair share contribution for the paving of FFA Road pursuant to Section 7.05.07(B)4a is paid. Therefore, the proposed project is not consistent with St. Lucie County Land Development Code since proposed lots do not have access as defined by the County Standards. Under no circumstances does the County Engineer support the request to waive the paving requirements for the internal road. If paving requirements are waived, the Board may attach conditions, as listed in the staff report, as deemed necessary to minimize the impacts of the road on the surrounding area including, but not limited to, payment by the developer of the development's fair share of paving costs for ~i , Subject: Horseshoe Grove - MNSP 720071270 February 2"d, 2009 'I Page 3 of 3 I the unpaved public or private road providing access to the development prior to issuance of final ' record plat approval pursuant to the procedures set out in Section 11.03.00. ' Staff is recommending that the request for relief from the requirements of Section 7.05.07 be ' denied since the proposed lots do not have access as defined by the County Standards. Please let this office know if you have any questions. SUBMITTED: ' ~ ' Mark atterlee, AICP, Dir tor ' Growth Management Department I cc: File I ~ I ~I I I~i I iil I ~ Board of County Commissioners Review: 03/03/2009 . s~ 4~. __a__. ~ n,,~_~_.~_ File Number 720071270 • • ' ' ' MEMORANDUM GROWTH MANAGEMENT DEPARTMENT 1 2 To: Board of County Commissioners 3 4 Through: Mark Sa ~ ~~~tor Growth Management 5 Kristin Tetsworth, Plan ing Manager 6 ' 7 Prepared by: Aneela Ansar, Senior Planner C3~9L. 8 9 Item: Resolution No. 09-010 10 11 Subject: Petition of "Barol LLC" for a Waiver request pursuant to Section 12 7.05.07(B)2- Paving Requirements for Roads that Access Deve/opments 13 Requiring Site P/an Approval that Utilize Unpaved Public and Private 14 Roads for Access, to not pave North FFA and the internal roads for a 15 Minor Site Plan, pending approval, for the project known as "Horseshoe 16 Grove" on 40.61 acres of land located in the AG5 (Agricultural - 1 du/5 ' 17 acres) Zoning District 18 ' 19 Purpose: Waiver from Section 7.05.07(B)2 - Paving requirement 20 21 Location: Along the western frontage of FFA Road approximately 3000 feet north of 22 Orange Ave. 23 24 Parcel Size: 40.61 acres 25 26 ParcellD: 2304-412-0020-0000 ~ 27 ' 28 Proposed Use: Residential ~ 29 ' 30 Applicant: Barol LLC I~ 31 I 32 Contact: Lucido & Associates, 772-467-1301 33 34 Utility Service: Well and septic 35 36 Type of ~ 37 Concurrency , 38 Document: Certificate of Capacity ; 39 ' 40 Fire/Ems 41 Protection: St. Lucie County Fire District permit will be required prior to the issuance ' 42 any permit 43 Proposed ~ I! Subject: Horseshoe Grove - 720071270 ~i~ December 22, 2008 I Page 2 of 7 'i 1 Density: 0.17 du/acre , 2 ' 3 Wetlands/Uplands: Upland - 40.61 acres 4 5 HISTORY OF THE PROJECT: 6 On July 2"d, 2007, Growth Management Department received a 7-lot Minor Site Plan 7 application. Staff noticed that the subject parcel (parcel no. 2304-412-0020-0000) has not been I 8 created in compliance with Section 11.03.04 - Procedure for Minor Re-P/ats and Lot Splits. 9 ' 10 Both parcels 2304-412-0020-0000 (subject parcel) 8~ 2304-443-0001-0007 (parcel on the ' 11 southeast corner) have been owned by Howard Beville since 1988. On December 07, 2007, , 12 Parcel 2304-443-0001-0007 was split off through deeds rather than recording a plat or filing a 13 lot split application, which is not permitted by the Code. On December 7, 2007, Howard Beville 14 transferred Parcel 2304-412-0020-0000 to Carbara, L.P and kept Parcel 2304-443-0001-0007. ' 15 Staff finds both parcels should be a part of "Horseshoe Grove" application since Parcel 2304- 16 443-0001-0007 was not created in compliance with Section 11.03.04 of the LDC. Furthermore, I 17 staff finds that either the Beville family has to submit a separate application for a lot split of 18 2304-412-0020-0000 & 2304-443-0001-0007 pursuant to Section 11.03.04, OR, they can 19 submit a joint application with "Horseshoe Grove" for platting. 20 21 ' s \ I z~ oo~ooos ~zoool ~ ~ ~'.zaoui~ooo~oooe~~ I 2 1, ~ 10104 . 2{ 10008 . ~ ~ ~ i 2303713001 2d 10006 ~ II i i ?'i II 2304612002000W ii i 12 2001~9 ~~I I I I I I 290.133 2304A490DD10007 I ~II III 2~1 3~+'~ aeEFU+u 73p3111 ~2()p0 G - 23 24 According to Johnathan Ferguson, representative of "Horseshoe Grove" project, the Beville i~ 25 family has agreed to submit a lot split application to legalize Parcel No. 2304-443-0001-0007 ! 26 prior to recording a plat for "Horseshoe Grove." ' 27 28 29 30 ' ~ Subjed: Horseshce Grove - 720071270 December 22, 2008 Page 3 of 7 1 STANDARDS OF REVIEW AS SET FORTH IN 2 SECTION 11.02.07, ST. LUCIE COUNTY LDC 3 4 A. CONSISTENCY WITH LOCAL_ORDINANCES AND COMPREHENSIVE PLAN 5 06iective 1.1.1 of the Future Land Use Element "Maintain the Future Land Use Map land 6 witft the foi/owing use designations to portray the future development patterns of the St 7 Lucie County' : 8 9 Policv 1.1.1 10 "The following land use designation~ntensities, as indicated on the Futur~ Land Use Maps are 11 provided as the pattem for the future development of the area with unincorporated St. Lucie 12 County. 13 AG-5 Agricultur~e - 5 1 du/5 acr~s (.2 du/acre)° 14 15 The proposed density of °Horseshoe Grove° is 0.17du/acre, which is consistent with the Policy lb 1.1.1 of the Comprehensive Plan. 17 18 The appticant has submitted a waiver request pursuant to Section 7.05.07(B)2 - Paving 19 Requirements for Roads thaf Access Developments Requiring Site Plan Approval that Utilize 20 Unpaved Public and Privafe Roads for Access, to not pave No~th FFA Road and the intemal 21 road shown on the site plan as Tract R-1 and to be knovm as Horseshoe Grove Road to be 22 processed and forwarded to the BOCC for approval or denial. 23 24 The Engineering Department is supporting a fair share payment towards the cost of paving 25 North FFA Road and are requiring that the developer pave the intemal road shown on the site 26 plan as Tract R-1 and to be known as °Horseshoe Grove Road.A The County Engineer has 27 consistently stated that he will not support the requested waiver. As a small traffic generator, the 28 applicant may contribute a fair share amount towards the eventual paving of FFA Road as 29 permitted in the LDC, however they will not support a waiver for the intemal roads. 30 31 B. EFFECT ON NEARBY PROPERTIES 32 The subject property is located within an area primarily vacant and class~ed as AG-5 Zoning 33 District. 34 35 Sub'ect ParceL• Future Land Use Zoning Current Land Use Desi nation AG-5 (Agriculture -1 AG-5 (Agriculture -1 Orchard Grove and one SF du/5 acres du/5 acres residence 36 37 38 Surroundin Area: Future Land Use Zoning Current Land Use Desi nation North AG-5 (Agriculture -1 AG-5 (Agriculture -1 One parcel is developed with du/5 acres) and RS ( du/5 acres) and AG-1 SF residence and one parcel Residential Suburban 2 (Agriculture -1 du/ acre) is vacant du/acre , ' ' 'i Subject: Horseshoe Grove - 720071270 December 22, 2008 li Page 4 of 7 ~i ~ South AG-5 (Agriculture -1 AG-5 (Agriculture -1 One parcel is developed with ' du/5 acres) and RE du/5 acres) and AG-1 SF residence and one parcel ' (Residential Estates -1 (Agriculture - 1 du/ acre) is vacant ' du/acre ' East RS ( Residential AG-1 (Agriculture - Vacant ' Suburban 2 du/acre) 1 du/acre) 8~ PUD (Planned Unit Development - ' Sunn land Farms West AG5 (Agriculture - 1 AG-5 (Agriculture - Mostly vacant, only one , du/5 acre) 1du/5 acre) parcel is developed with SF residence ' 1 ' 2 The applicant has requested a waiver from paving requirements for North FFA Road and the 3 internal road. If the waiver is granted, it will have significant impacts on nearby properties. 4 ' 5 Transportation ' 6 The transportation concurrency impact for the above mentioned site development plan includes , 7 the generation of 7 new p.m. peak hour trips for the 7 lots associated with the construction of I, 8 this rural subdivision located along Old FFA Road. The two comments previously raised by the 9 Growth Management Department pertaining to transportation concurrency for this development 10 have been adequately addressed by the applicant. I 11 ! 12 The trip assignment will not exceed a de minimus impact for any roadway segment within a 2 ' 13 mile radius of influence. Based upon this development scenario, there are no additional ' 14 transportation concurrency mitigation issues identified. 15 , 16 C. ADEQUACY OF PUBLIC FACILITIES ~I 17 The proposed development will be served with well and septic system. I, 18 ' 19 D. ADEQUACY OF FIRE PROTECTION ~I 20 Prior to the issuance of any permit, the petitioner, their successors or assigns shall be required !I 21 to submit an approval letter from the St. Lucie County Fire District. I 22 I 23 E. ADEQUACY OF SCHOOL FACILITIES I 24 St. Lucie County School District has reviewed as follows: i, 25 26 1. The School District has no comments regarding school capacity. ~ 27 2. Currentty the district does not have any school bus stops in the area and the stop would 28 be located at Orange Avenue/FFA Road. Staff recommends the applicant to incorporate 29 a turnaround in the development to accommodate a bus to minimize the hazard of 30 students walking along FFA Road to Orange Avenue. ' 31 32 F. ENVIRONMENTAL IMPACT , 33 The subject property is characterized primarily by citrus groves (approximately 81 percent of the 34 site) with agricultural ditches for drainage and irrigation (less than 1 percent of the site). A ' 35 single-family residence and drainage pond is also located on the subject property (approximate Subject: Horseshoe Grove - 720071270 December 22, 2008 Page 5 of 7 1 18 percent of the site). Preliminary field reconnaissance revealed no listed species onsite, 2 however a condition of approval has been included requiring submission of a formal gopher 3 tortoise survey and additional permits from Florida Fish and Wildlife Service if the survey yields 4 any burrows onsite. Per Land Development Code 11.02.09(A)3m, a landscape plan was 5 requested. The applicant has failed to provide this information and therefore prevented the 6 finalization of ERD's review. 7 8 COMMENTS 9 Pursuant to Section 11.02.03 of the St. Lucie County Land Development Code, the 10 Development Review Committee has reviewed the subject application and has determined this 11 application does not meet the minimum following standards as required by the Engineering 12 Division of the Public Works Department: 13 14 1. Section 7.05.07(B)2 of the Land Deve/opment Code requires new developments to 15 provide paved access. 16 17 Staff recommends denial of the request. 18 19 If this Board desires to grant the waiver for FFA Road, Staff recommends the following 20 condition be included in the Growth Management Order (GM Order) for the Minor Site 21 P/an. 22 23 1-A. Within 90 to120 days after receiving a Minor Site Plan Approval, the petitioner, their 24 successors or assigns shall be required to pay a Fair Share Contribution towards the 25 future paving of FFA Road. The calculation of the Fair Share Contribution shall be based 26 on the following three methodologies (a) Frontage; (b) Trips; and (c) Driveways. The 27 Developer's consultant shall submit their evaluation and conclusion of the three 28 methodologies together with an Engineer's Estimate of possible cost. The County 29 Engineer or designee shall review the estimate and calculation submitted by the 30 developer's engineer. Upon the final approval by the County Engineer, the developer 31 shall enter into a Fair Share Agreement with the St. Lucie County. The Developer shall 32 remit a certified check payable to the St. Lucie County together with an executed 33 "Agreement.n 34 35 If this Board desires to deny the paving waiver for the internal road, Staff recommends 36 the following condition should be included in the Growth Managemenf Order (GM Order) 37 for the Minor Site Plan. 38 39 1-B. Prior to the recording of the Final Plat, the petitioner, their successors or assigns shall 40 either construct the internal road to the current County's Standards or enter into a 41 Subdivision Improvement Agreement and post a surety bond for the construction of the 42 intemal road. Matter and form of surety shall be approved by the County Attorney. 43 44 45 Attached is a copy of Draft Resolution 09-010 denying the request. 46 47 48 49 50 Ii ~ ~ II Subjed: Horseshoe Grove - 720071270 !i December 22, 2008 Page 6 of 7 , ~I 1 Attachment ! 2 I 3 cc: ' 4 1. Location Map ' 5 2. Waiver Request ' 6 3. Correspondence , ~ ~ ~ I I Suggested motion to recommend approval/denial for granting a waiver from paving requirement pursuant to Section7.05.07(B)2 of the Land Development Code for a Minor Site Plan. MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC MEETING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING A WAIVER FROM THE PAVING REQUIREMENT FOR FFA ROAD ONLY PURSUANT TO SECTION7.05.07(B)2 OF THE LAND DEVELOPMENT CODE. [CITE REASON WHY - PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC MEETING, INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.02.07, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY A WAIVER FROM THE PAVING REQUIREMENT FOR FFA ROAD ONLY PURSUANT TO SECTION7.05.07(B)2 OF THE LAND DEVELOPMENT CODE. [CITE REASON WHY - PLEASE BE SPECIFIC~ . ~ I I - Environmental Resources ~ ~ ~ Department ~ , . • . • Agenda Item Companion Report TO: Board of County Commissioners ~ FROM: Jennifer Evans ~I Environmental Resources Department ' DATE: February 4, 2009 I! RE: Horseshoe Groves Minor Site Plan ' DEPARTMENT COORDINATION ' ERD worked closely with the County Attorney's Office, Growth Management, as well as other members of the Development Review Committee on the proposed site plan. ~!i ~I ERD INPUT ~I ERD input has been included in the attached staff report. ' ~I' ERD RECOMMENDATION ' ERD supports the recommendation of denial. ; I I ~I . ~ _ 'I igna re ~I 1 Resolution 09-010 2 MNSP- 720071270 3 4 A RESOLUTION OF THE BOARD OF COUNTY 5 COMMISSIONERS OF ST. LUCIE COUNTY DENYING A WAIVER 6 FROM SECTION 7.05.07(B)2 OF THE LAND DEVELOPMENT ~ CODE s 9 10 ii WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based ~a on the testimony and evidence, including but not limited to the staff report, has made ~3 the following determinations: 14 is 1. Barol LLC petitioned for a 7-lot Minor Site Plan for the project known as i6 "Horseshoe Grove" on 40.61 acres of land located along the western frontage of FFA Road approximately 3000 feet north of Orange Avenue in the ie AG-5 (Agricultural - 1 du/5 acres) Zoning District. 19 ao 2. The applicant has applied for a waiver request pursuant to Section a~ 7.05.07(B)2, a copy of which is attached to this Resolution as "Exhibit A." z2 a3 3. On March 3`~, 2009, this Board held a public hearing after publishing a public a4 notice of such hearing in the Ft. Pierce Tribune at least 10 days prior to the zs hearing and notifying by mail all owners of property within 500 feet of the a6 subject property at least 10 days prior to the hearing. a~ ae 4. Pursuant to Section 7.05.07(B)2 of the Land Development Code, the a9 Engineering Division of the Public Works Department does not support the 3 o waiver request from paving requirements for North FFA Road and the internal 3~ road and requires a fair share contribution for the paving of FFA Road 3a pursuant to Section 7.05.07(B)4a . 33 34 5. The Development Review Committee has reviewed the Site Plan for the 35 proposed project and found it does not meet minimum technical requirements 36 of Section 7.05.7(B)2. 37 3a 6. The project is not consistent with the general purpose, goals, objectives, and 39 standards of the St. Lucie County Comprehensive Plan and the St. Lucie 4o County Land Development Code. 41 4a 7. The project will have an undue adverse effect on adjacent property, the 43 character of the neighborhood, traffic conditions, parking, utility facilities, or 44 other matters affecting the public health, safety, and general welfare. 45 File No.: MNSR 720071270 Resolution No.: -09-010 March 3rd, 2009 Page 1 of 7 ,I ' I~ I I ~ 8. The project is to be served by adequate well and septic systems approved by ~I a the St. Lucie County Health Department. ' 3 I 4 ' s NOW, THEREFORE, BE IT ORDERED: 6 ' ~ A. Pursuant to Section 7.05.07 (B)2 of the Land Development Code, the ' s requested waiver on the property described below is hereby denied. 9 io THAT PORTION OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF I ii THE SOUTH-EAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 ' ia SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING i3 SOUTHERLY AND WESTERLY OF THE SUNSHINE STATE PARKWAY, ' i4 LESS RIGHT-OF-WAY FOR F.F.A. ROAD AND CANAL RIGHT-OF-WAY. 15 i6 TOGETHER WITH: i~ is THAT PART OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE ' i9 SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH, ao RANGE 39 EAST, LYING SOUTHERLY OF THE RIGHT-OF-WAY OF F.F.A: ai FRONTAGE ROAD AND LYING AND BEING IN ST. LUCIE COUNTY, aa FLORIDA; LESS THE SOUTH 100 FEET THEREOF, AND ALSO LESS AND , a3 EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF a4 LAND: 25 a6 COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST ' a~ QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 4, ' as TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; a9 THENCE RUN NORTH , ALONG THE EAST LINE OF SAID NORTHWEST 3o QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 492.40 3i FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH, A ' 3a DISTANCE OF 672.50 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY ' 33 LINE OF F.F.A. ROAD; THENCE RUN SOUTHEASTERLY, ALONG SAID ' 34 RIGHT-OF-WAY LINE, A DISTANCE OF 341.75 FEET; THENCE RUN I 35 SOUTHWESTERLY 483.03 FEET, TO THE POINT OF BEGINNING, AS 'i 36 CONVEYED IN O.R. BOOK 397, PAGE 748, PUBLIC RECORDS OF ST. I 3~ LUCIE COUNTY, FLORIDA. ~I 3s 39 ALL LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL; ~'~~I 40 4i A PORTION OF THE EAST HALF OF THE SOUTHEAST ONE-QUARTER 4a OF SECTION 4, TOWNSHIP 35 SOUTH RANGE 39 EAST, ST. LUCIE ' 43 COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS 44 FOLLOWS; 45 File No.: MNSR 720071270 Resolution No.: -09-010 March 3`tl, 2009 Page 2 of 7 i COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, a THENCE NORTH 89°53'25" WEST, ALONG THE SOUTH LINE OF THE 3 SOUTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 40.00 4 FEET; THENCE NORTH 00°04'02" EAST, ALONG A LINE 40 FEET WEST 5 OF AND PARALLEL WITH THE EAST LINE OF SAID SECTION 4, A 6 DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING; THENCE ~ NORTH 89°53'25" WEST, ALONG A LINE 100.00 FEET NORTH AND a PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 649.19 FEET; 9 THENCE NORTH 01 °53'56" WEST, A DISTANCE OF 313.27 FEET; io THENCE NORTH 86°43'31" EAST, A DISTANCE OF 661.06 FEET; THENCE ii SOUTH 00°04'02" WEST, ALONG A LINE 40.00 FEET WEST OF AND ia PARALLEL WITH SAID EAST LINE, A DISTANCE OF 352.10 FEET TO THE i3 POINT OF BEGINNING. 14 is SAID IAND SITUATE IN ST. LUCIE COUNTY, FLORIDA, AND CONTAIN i6 40.614 ACRES, MORE OR LESS. i~ is SAID LAND CONTAINS 6.89 ACRES, MORE OR LESS. 19 ao (TAX ID#: 2304-412-0020-000/0) al aa (Location: Located along the western frontage of FFA Road approximately 23 3000 feet north of Orange Ave.) 24 25 a6 B. A copy of this Resolution shall be attached to the site plan drawings described a~ in "PartA," which plan shall be placed on file with the St. Lucie County Growth as Management Director and mailed, return receipt requested to the developer z9 and agent of record as identified on the site plan applications. 30 31 C. This Resolution shall be recorded in the Public Records of St. Lucie County. 32 33 34 Chair Paula Lewis XXX , 35 ~I 36 Vice Chair Charles Grande XXX ; 37 ~ 3s Commissioner Chris Dzadovsky XXX , 39 I 4 o Commissioner poug Coward XXX ' 41 i 4a Commissioner Chris Craft XXX ' 43 I 44 I 45 File No.: MNSP- 720071270 Resolution No.: -09-010 March 3id, 2009 Page 3 of 7 i . ' i I i PASSED AND DULY ADOPTED This 3~d Day of March 2009. I', a 3 BOARD OF COUNTY COMMISSIONERS ' 4 ST. LUCIE COUNTY, FLORIDA ' 5 6 ' 7 , 8 ~I 9 BY ' io Chairman il ia 13 i4 ATTEST: APPROVED AS TO FORM AND ' ls CORRECTNESS: 16 ' 17 18 ' 19 ' 20 a i Deputy Clerk County Attorney 2z ' 23 24 ' 25 ' 26 ~ 2 7 aa , 28 G:~PLANNING1Project Files~-lorseshoe Groves~BOCCWorseshoe Resolution.doc I I I! , I I ~ File No.: MNSR 720071270 Resolution No.: -09-010 March 3'", 2009 Page 4 of 7 ~ 0 0 r~ N ~ O ~ ~ ~ N 0 r Z~~ J? / ~ _ 'n ' ~ U ` ~ ~ ~p ~ ~ m Op J p N ' 4~ I m m ` i~ N ~ I ~ ~ n ~ a ~ ~ n m L N o~~' ~ ~ ; ° ~ O Z ~~,e~ /y I ~ 2 ~ ~~i~ a i ~ tggpO~ ~ g 4 a~ ~ r~~-'-~ ° i ~ r : % s ~ i ! , ~ i ~ R~~t • ~ y i ~t,~.an ~ < ..Y _ m ~ Pan ~ I u i wczN g _ tiswsz s m 9°"~8 s~ ~ i ' ~ P ~ > ~~av 3 P ~ € 0* ~ e PPl ~nW' : ~ n` O I ~ ~ ~ ~ ~ ~ DN8 ~^11SY4! ' ~ ~il 7?J *~+pwl' auY01 "3 ~ a'~yy~~ ` ~ I pa rp~q yi ~H M4B niuy V ~ i ~ ~ va ~a.W.e u~ol ~ ~ i ; 0 ! sq uonwu3 6 ~ i' u~~ ~ 1~ ~ ~ i aa ~~~r g~ ~ J`~Po eQ ~ Q""ri F d i p~ ~ ~ i ~ p~ a~ ~ ~ ~ ~i ~ ~ ~ ~ ~ ~ U I R V m ~ I ~ Oe wi4S ~ ~ i d P T ~ a c ~ ~ va ~wi ~ra a ~ ~ ~ ~ ~ ~ ~ ~ c ~ ~ ,d~ ~ i % V N a V I ~ 7tl &lRqi InR Ci I ~ I ~ Ri! R°"'8 ?a °4!'°~ ~ i I Ive~ fZ~ + e i Q c3 ~ s ~ I e ,~n I ~ ~ ~ ' ~ I ~ w ~ ~ i g° ~ ~ ~ R~ I i 0 I ~ I i I i I i I lf~uno~ aa4W~aaNO II . MNSP - 720071270 A petition of Barol LLC for a Waiver request pursuant to Section 7.05.07(B)2 Paving I Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access, to not pave North FFA Rd and ' the internal road for the project known as Horseshoe Grove on 40.61 acres located in the AG-5 (Agricultural-1 du/5 acres) Zoning District ' ~ , ~ I \ ~,G2 ~ ~ ~ ! i ` . sy . ~ ~~~s G-~ LL AR-1 ; k~~l-5~, 9 o , ~ . ~ , o ~ F , ~ A ~ ' GAS'~IGHT C'.T I : i ' ' i NSLWMD CANAL NO. 43\\~`~~~,\`sG~'sy NSLWMD CANAL NO. 43 I ' T~ iti ~ ~ 1 9'Q ~ \F~~ ' ? •y~~ ~'A~~ AG-1 AG-1 . i \ • ? ' . , ? ~ ~ . • • . . ¦ ¦ ? ¦ ~ ' ¦ 500 ft. ` ' . . ~ • ¦ \ • ' ¦ ? \ ~ ¦ ? ~ ? ¦ ~ . . ~ ~ ~ PUD . . , , : , . , , . ; ~ . ~ • . , . ~ ~ . ~ ~ ¦ ; ~ ' : ; , ~ • I RELIEF~R~ENL-IAEL. C~AN4A4L-RD----------- i • 'I ~ ~ ~ ~ i ~ I ? ? ~ \ ~ I ? ? j ~ ~ \ ' ~ ~ ~ ~ ~ I \ ~ i ~ ~ ~ ~ ¦ ¦ ~ ¦ ¦ ~ ~ ¦ ~ ¦ ¦ ~ ~ ~ ~ I, \ \ AG-1 ~ ~ , , ~ ~ ~ , , ~ ~ , , , ~ i \ , , , , ~ Subject property SLC zoning N ' AG-1 - Agricultural 1 du/ac) ~ ' ' ' ~ AG5 - Agricultural 1 du/5 ac) ¦ 500 ft. notification area AR-1 -Agncultural esidential (1 du/ac) PUD - Planned Unit Development y'°"~`~a`°"`~"""``9~°"'~"'` Existing street RMH-5 - Residential Mobile Home Map prepared February 20, 2009 ' MNSP - 720071270 zor~ing , ' Barol LLC (Horseshoe Grove) ; ; ; r= ~ ; ; ; ~ trG i i ; I • ~'cS i i \ ~"~ti ~y ~ ' ' ~ ~ AR-1 RMH ~ s~'9 T~:o~\ ~ , - ' I 'fly`. o " ~ ~ S LIGN~ CT , ~ ` ~ i GA j i NSLWMD CANAL NO. 43 ~ NSLWMD CANAL NO. 43 ti'C.t` ? I II ? q ~ i ~ ~O~` ( ~ ? ~ , AG-1 AG-1 i . • ? i • ~I ~ I ~ ~ ? . . ? . ~I ¦ . . ~ . . . ` . ~ ¦ 500 ft. ~ ¦ • ~ . ~ ? ¦ ? . ~ ~ ¦ • ~ • ¦ ~ ¦ • ~ ~ ~ PUD ¦ ¦ \ ~ ¦ ~ ¦ \ \ ~ . ~ ¦ , ~ ¦ ¦ ; ¦ ¦ ~ \ ¦ ~ ¦ ~ ¦ i ~ ¦ ~ ~ ~ ~ ~ i ? ~ ~ ~ ~ \ ~----------------~------------------RELIEF_CANAL RD----------- i ~ ' RELIEF~CANAL+N0~44 ~ ~ ~ ? ? I ~ ? ? ~ \ ~ - \ ~ 1 I ~ \ ~ \ \ \ \ ~ \ ~ NG i ? i i - ~ R~ ~N ~ a I \ ~ m ~ i ~ ~ ~ ~ Subject property S~C Zoning N AG-1 -Agricultural 1 dWac) ~ ' ' ' ~ AG-5 - Agricultural 1 du/5 ac) ~ 500 ft. notification area AR-1 -Agricultural esidential (1 du/ac) PUD - Planned Unit Development s'°"'"~"~`"""`D~~"~"" Existing street RMH-5 - Residential Mobile Home Map prepared February 20, 2009 MNSP - 720071270 Barol LLC (Horseshoe Grove) ~ ~ ,e ~ } ~ _ ~ ~ ~~y ,t~~'a ~ ~ ~ " ...nr` , f ? ` i ~ ° ~ ~ ~ r~ 1 ' ,~"F,~~ ~w s ~ ~ , ~ s~,,~ •;..,,,~,.y~ ~J ,~y t, t~ . ~ , \ ~ ~~r` ~l1~ n f -M" :4"xi: S;~ ~ . . .~(P~ ~ ~ ' ' tS'G ` x w ~ ~ ~ . * ~ O2 ~ ~ ~y ~Sy~ , ~ I ~~-6 ~s' ~ ~ ti~'{ 4."~~w ~ ~ ~ ,s~., .r \ ~ ` ~ .~t _ ~~1 ~ ~ o ~ "s~G« ` t' ~`Sj ~~Z" " ~ t . ; f'`- ~ ~ ~ t`ry ' ' O. a t *'r~.1 ~ r `~i ';l .yT , ~ ~y'~ ' `d ~y~ 1 t,~ ~ ~ , , ~ ~ ~ ~ s'r~~S~~'~y'~.~ , ~ 'f^ * , at ~ . ~ A' O-. ~;3, a Hr'~4 r t ~ . % ~ ~ ~ ~ ~ .1 ~ S ~ x. ~r 4 "v"~ ~ - . 3~i * ~'`5,. ~ ~ ~R.j *~t~ .'s"- LIGNT" ~T ~ ;~'•~.~1.;,:f ' ~ ~ c ' { d~ r GAS ~ ' ~ ~°~~~~-.~8~ r` ~ ~i ~ ~I~7~ € !f,~~ su~ 4~ ~J+ti { . ~ , , a »e-^.~ .s»- ~ _ , s~i. AaC as.+s;-.ro.a.a . a~ - . ~"~~~x NSLWMD CANAL~NO. 43Y ~i:~.,__ _ _ :s. ~ i . r~, ~ ~ ~~1 a. ,~i q ~ ' - ` ~ : ( . ~ - ~ . ~ ~ . , , ~ ' t ~ , • ' ~ ~ ~ - ~ ~ '~;~1~ ~ ' l,~sa aa . ~ ~ ' ~ ,~uY i `.Yi~, . °j~ ~r~ t}„ ~ . ~ v:~ i ~ . 4~ ;y.-.;.a i . .,~~-ay ~e ~.i ~ , uI 'i ~ ,4 \ti. ~ S'1 ~ . 9b E't f~ { ~'~`~','~j 1Sj~~ 4~ ~ . 'C~ifi+.~ '}sf~~.. ~_..s,~ ~ w€f!~b.3 ~ f a~ ~ V`,'.,~ i • ~ F ]:r 'i ~i~ '.,4i r,~ f - ~ ~ ~ ~ ~ r~ A~` 11 ~'f. ~ . ~ ' ~ ~ , a~ S'` = ~i,~ . ~ . ' ; r ~A;~ i ~t ` 'l~~ -'J ~ ~ ~1 ~ ~ . ~!~'~~,~~-,+~i'~Ay.~~~ eM ~ f '~.~~.:.`r.iin~.~.~6~a.. la:~ ~ ~+'~~t `~R ~ 1: i ~r~~~.. . Y• . \1\ \ - ~ ~ ~ r ~ ; i ~ j ,r' ~5~~~. . ~ 'A ~ ~ . ~ ~ . s . ~ ~ 1 iY~ • ~~y~~' ,r- i ` I ~ ~ • ~ a . ~ i~ 1, ~ ~ ~ ~ ~ ~'i.'-, ~ s .c C~I. ~ ' ° \ - r ~ f ~ !y~, ~ ~r ~ 'a."r~ . Jt~}'~"y~4 ~ j' .~t ~ ~f~y •;~~~I ~l~~ ~ ,~.,x R.,, ''~"~~'r~-. ~j ~ f y~1 !~'°'~,..p~~~y~,,:~~ ~~~k ~j\•~~- ~`p?~^~ ~~r il I ,d~ a` ~r ~(.1' : ~ P~ ~ , ~r1 ; ~i,l~j~~`x~ ~.l~ ~ ~ ~ ` ~i :j~ i ~ A~:`a ~ ~ r' . . ' ~ ~ ~ ~('~~Dv !~q'7a ~t ~ 4.tCI ` i\\~ \ . r ~ _ . 'a~ J. RS . ~ ~ ~ ~ ~r ~ ~ f : ~ ~ ~ ` _ ~ ~ ~ ~ ~ k !;_j r 9 L ~ ~ ~ ~ 4. .d • - ~ °1 `y 1 `h:~ 'i ~ I~r i ti ~i . . M . r !`~aur+'~I~ : 1#,~~ + ~,,~w _ : .a `y; a~\ \ ~5ysry~~ . ~~JA . 1 . ~ .1.' \ ~ ~''~~'~.i~ ~ ' Fv 3x:' ~ i . 7uc~. ~ ~ + p~ ~ ~ ! y y ~ y~, . _ ~f~1 , ~ ' . ~ ~ ' -.b~ ~ t ~ ~~+~~e}d" :«ux~j.," ~ + a a,'_ ,ltA ;,f z+ ~i f , i~f ~ ~ ' ~ ~ ~ r.:.. a~ , ~~y~~ ~ tl1 ~r~ ~~f , ~ ~ 'ti•s~ ~ a?~ ~ _ tq ~ ~ ~ ~ ' ~t • 1~` ~ ' ~ ~ ~ ~~~5~~~~~~~j~fR:~i ~ . ~y~ ~ ~ ~f ~ ~ ~ X - ~ 4 ` ~ ~ _ _ ; a - _ ~r f ~ . , ~ ~ ~ ~ ~ ~ a ~ ,•s _ RELI CA'~AL RQ - `i ~ • ' ~ _ _ . ~ - ' = _.~P =L'I~Fy,ANA'~N7!~<'; ~ ~ ~ ~ 1~" ~ f':~ s - ` 2 ~ ~ , • , ~~~+e,+ r ' ~ , "y d~~°'~ ~ i. r• ` " . ~ ~ se ~ ~ ~ ~ ~ ~ q +~a~ ~ i ~ ~ ~ ' ~ 1 ~ ; ~ , ~ ~ . ~'3i. 1 ~ ~ .~'-~x. ~ ~~ti . , ~ ~ 4 ~ f S' ~ . , ~ ~ . i ~ i ~ 1 k, 'N-1>~ • ~ . 5 ~{}if N - i~ ~ ~ ~ .y j~~ ~ _ ~ ~ ~ ~ t~r/ ~ ! ~yi . j+~~},~~~,,~~yy ~a , d, y , ..3 s . . . s . CI~ ~S~'0 ~L~Rf."sRl6SYla ~r• 't:R:S~~~'~+5~ s~ ~sd~~i~3'd '~~f~DA ~.'~Iti.~~ 411~F~w~~i~f~ 1' , ' 'A C 1 ^ ~ _ _ . . ~~~h ~ ~ Z ~~~,v . , _ ~ ~p , ;l . cn ~ ~ 't . ` ~^v'-~, ~ ' ~ j~ ~,Tr . _ `Z • Z ~~"O w ~ ' • 'r ~C c ~ ~ '9"5~ t~ ~ 4 ~ K f M ~ ~ ` r~~' • ~ m y~''~r'~`~ ) ~y ~ ~ ' ~ ' ~ a ~ I ~ ;r ~ ~ t a ~~,,'R ~ I ~F d~ ~ n ~ ..5+ ~ ' , ` ~1 ~ . ~ ~ ! _ ~ ~ ~ 3 ~ ~ " •°~'3F ~ 't , ' ~{~`r ;i# . ~ ~y ~ ~r ~ I~ a,,. ~ ' tti ~ : I f r,~•r ~ t_~ : ~ ; f I ~ ~ ~ ~ a. ~ ~ , ! ~ ' - - .t 1 ..~.`i, ,c ~ Subject property N 500 ft. notification area Aerial flown Dec. 2005 y>owrk'atanqqemenr 1Jepartment Existing street Map prepared February 20, 2009 . ~ MNSP - 720071270 Future ~and us Barol LLC (Horseshoe Grove) . ; ; r' ~ . . ~ ~ ~ ~ ~ i u'~ i i \ S'G i i ~ i ~ •ysy ~ ~ m ~ , ~ti~ S ~ ; p s9 X~ ; ~ ~A lL ~ LL ' / ~ \ ~ J o -GAS LIGHT CT i ~ ~ y,~~¦• i NSLWMD CANAL NO. 43 • NSLWMD CANAL NO. 43 ~ ` ` 1 ? ~ i ? ? ? ~ ? ~ RS • ~ ? ~ ~ ? . ? . ? ~ • . . ? ¦ • ? ¦ ~ . . . ¦ 500 ft. . ¦ ' RS ~ , . , • • ¦ • ¦ . • \ ? ~ • ¦ \ ~ ¦ ¦ ~ ¦ ~ ¦ \ ¦ ~ ¦ , ~ ¦ ¦ ; ~ ¦ ~ i ~ ~ . I . ~ , ' ~ . ; , . ~ . ~ \ ~ ~ ~ ~----------------~------------------RELIEF_CANAL-RD----------- i • \ • RELIEFjCANAL+N0~44 ~ ~ ? ? i \ ? ? i ~ - ~ ? ~ i • ~ ~ ~ ¦ ¦ ¦ ~ ~ ~ ~ ¦ ¦ ¦ ~ ~ ~ I \ I ~ ~ ~ ~ ~ N ~G ~ ~Z z S. i ~Z ~ ~m ~ 1 ~ , , m ~ -o i ~ ~ ~ .c ~ Subject property SLC Future Land Use ` AG-5 - Agricultural (1 du/5 ac) N ~ ~ ~ ¦ ¦ MXD - Mixed Use Development ¦ ' S00 ft. notification area RE - Residential estate (1 du/ac) ~~iGf6 ~O`~'`~ • ¦ ~ ¦ ~ RS - Residential Suburban (2 du/ac) s>°~'rh~r~,.~~Dp~~~ Existing street RU - Residential Urban (5 du/ac) Map prepared February 20, 2009 U tl ~ . Ru d e n 145 NW CENTRAL PARK PLAZA SUITE 200 ' ~C~ I OS ~ PORT ST. LUCIE, FLORIDA 34986 y (7~2)673-5900 FAX: (772) 8~3-31'11 JOHNATHAN. FERGUSONORUDEN.COM September 16, 2008 Aneela Ansar, Senior Planner Growth Management Deparkment St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Re: Horseshoe Grove File No.: MNSP 720071270 Dear Ms. Ansar: This letter constitutes the applicanYs request pursuant to Section 7.05.07.B.2., Land Development Code, to have the Board of County Commissioners ("Commission") waive the requirement for this project to pave North FFA Road and the intemal road shown on the plat as Tract R-1 and to be known as Horseshoe Grove Road. In support of this request the applicant offers the following for the Commission's consideration. In certain circumstances the County allows site plans to be approved where unpaved roads are utilized for access. Specifically, Section 7.05.07.B.2.a., LDC, states in relevant part that "[p]aving requirements and provisions shall be waived by the Board of County Commissioners, following a public hearing, if the Board determines: (1) That the road paving is not essential to provide adequate access to the proposed development and through the surrounding area, or (2) that the road will be paved as part of the County's five-year road program or an approved municipal service taxing or benefit unit." Based on this provision, the applicant is requesting that the requirement to pave North FFA Road and Horseshoe Grove Road be waived by the Commission. ~ I The Horseshoe Grove project is a proposed 7 lot subdivision located on the west side of . i North FFA Road, which is an nnpaved public road that runs north from Orange Avenue to Angle Road. The southeast corner of the project is approximately 3,180 feet north of Orange Avenue I and the northeast corner is approximately 5,257 feet north of Orange Avenue (2,077 feet of ~ frontage on North FFA Road). There are approximately 17 houses currently fronting on North ' FFA Road between Orange Avenue and Angle Road. North FFA Road is a public road ~ maintained by the County. PSL:47D40:1 ! RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. II BOU RATON • GRACAS • FT. UUDERDALE • MIAMI • NAPLES • ORLANDO • PORi ST. WCIE • SARASOTA • ST. PETERSBURG • ULUMASSEE • TAMPA • WEST PALM BEACM i • ' Letter to Aneela Ansar September 16, 2008 Page 2 Paving North FFA Road at this time is not necessary in order to provide adequate access to the 7-lot subdivision. Such a small incremental increase in traffic will not adversely impact the road or increase the County's maintenance costs. Furthermore, it would be prohibitively expensive for this project to pay the full cost of paving more than a mile of North FFA Road in order to provide paved access to the proposed lots. (Somewhere between $200,000 and $300,000 per lot). The applicant proposes that a condition be imposed that would require each lot owner to participate in a MSBU if one is formed to pay for paving the road. In that way, the Horseshoe Grove lot owners are in the same position as the 17 exisring lot owners on North FFA Road. In addition, the applicant requests that the Commission waive the requirement for paving Horseshoe Grove Road, which is shown on the plat as Tract R-1. Horseshoe Grove Road provides legal access to Lot 1 and Lot 7. However, there is an existing house on Lot 1 and it uses the canal right of way for access and it will, in all likelihood, never use Horseshoe Grove Road. Therefore, Horseshoe Grove Road will only provide access to Lot 7 and it does not need to be paved in order to provide adequate access to Lot 7. The applicant will provide a 20 foot wide stabilized access to Lot 7 within the right of way of Horseshoe Grove Road. Such stabilized access satisfies the Fire District's concerns for adequate access in the event of an emergency. ~ In summary, the applicant respectfully requests that the Commission: 1) waive the requirement to pave North FFA Road with the agreement that the Horseshoe Grove lot owners will be required to participate in a MSBU if one is ever fonned to fund the paving costs of North FFA Road; and 2) waive the requirement to pave Horseshoe Grove Road. Thank you for processing this request and if you need any further infonnation, please do not hesitate to contact me. Sincerely, ~ Johnathan A. Ferguso Cc: Heather Young, Asst. County Attorney Mike Powley, County Engineer Kristin Tetsworth, Planning Manager Brian Nolan Nathan Ohren . PSL:47040:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOC~1 RATON • URACAS • FT. UUDERDALE • MIAMI • NAPtES • ORUNDO • YORT 5T. IUCIE • SARASOTA • ST. PETERSBURG • TALUHASSEE • TAMPA ~ WFST PALM BEACH 1 2 3 4 5 6 Exhibit C ~ 8 9 lo Site Plan Packet ~z File No.: MNSR 720071270 Resolution No.: -09-010 March 3i°, 2009 Page 7 of 7 ~NVIROI~IMENTAL IMPACT REPORT HORSESH(~F GRQVE ST. LUC'IE CU UNTY, FLORIDA MNSP 720071270 lZcvised .Tune 2008 June 2007 Prepared For: Nathan Olu~cn 2l 17 N W 19~h Way Boca Raton, FL 33431 z~i csi Prcparcd by: R~ncly Saclger ENVIltONML+'N'I'AL SF,RV~CES, INC. 1410 Par(c Lane Soutli, Suite 1 , JuPiter, FL .33458 ' ,561-?43-51~1 F.Fp711d.02 FER ~ 51QG9 ~ TABL~ Or CONTENTS I. INTRODUCTION ..........................................................................................................1 II. METHOllS . . ................,................1 III. RESULTS :...........................:...................................................................................:......3 A. Soils. . ..................................................................3 B. Vegetative Goivniunities. ..........................5 C. Listed Species _ ..:.........7 D. Wetlai~ds . . . . ..7 IV. StJIvI1vIARY.... . . ......................................................................7 A: Vegetative Comniwuties. . _ _ ....7 B. Listed Species _ . . 7 C:. Wctl~nds . .........................,.....,....................................................8 REFERENCES . . . . ............,...........9 LIST OI' I'IGUR~S Figure 1 L~cafion/Topograpluc Map ...2 Figure 2 Soils Map _ . . , . .4 . . . Figure 3 Vegetati~~e Communitics Map ................:....:...............::..............G 2 , , LNV1KONMENTAI, IMPACT REPORT IIORSESHOE CKUVE MNSP 720071270 ST. Ll7CIi', C.OUNTY, FLOI2IDA 1. iNTR~DUCTION Enviroiimental Seivices, Inc., (ESn conducted an envir~rimental assessmcnt of lhe Horseslloe Cirove Parcel c~n 15 Junc 2007. The propei~ty is located in Section 4, '1'ownship 35 South, Range 39 East,. St. Lucie County, Fl~ricla (Figure 1). The site is approximately 40,61 acres a~id is bordered by a frontage road parallel to tl~e Florida Turnpikc to il~c north and east, NSLRWCD Canal No. 44 ~nc] a sin~le-family i~esidence to the soutU, and forested land, ruT~l residcnccs and citilis gra~Tes to the tivest. Thc p~up~se of this assessment «~as to docunient occurrences of any significant environmental resources includin~ vegetative c~mmuiuties, jurisdictional ~uetland areas, and listed plflnt or tivildlife species. II. METHODS Prior #o the siie visit, the U.S, Geological S~~rvcy 7.5-niinute Qtiadrangle Topoaraphic Map, Fort Pierce NW (Photorevised 1983) and tlie ,Snrl ,tizri~vey nf'S~. Lircrc~ C~za~[y Ar•ea, Tlori~a (U.S. Dcpartincni of A~icult~ire 1980) ~vere revietived to deternune topogrnphic fca#ures arid site s~il mapping units. Coj~ics of tlie mosl current (2005) St. Lucie CouiiTy aerial phnt~graphs of tlie parcel ~vere oUtaiued aud revie«~ed to cl~termine potcntial location of ei~vu•oiuuental feahires. A pedestrian siuvcy of the parcel was conducted to map approsiniate locations and houiidaries of sigiiifica~it envimm~~enfal resources, ve~etalive conununities, exotic vegetation, wetland areas, aiid occui7•ence of listed ~lant or ~t~ildlife specics. Approximate locations of vegetative canununity cover type boundaries and other featwes were mapl~cd on an aciial phot~grapl~ of the site: Veget~tive couunimilies wcre identified in aecordance with Floric~cr Larul Use Cni~er nnd Fw~i~s Classifications S}lstenrs Hanc~book (Florida Department of Transportation 1999) (PLUCI~CS). Wetland pr~tection is mandated unclc:r b~th federal a~id state regulations. The U.S. A~iny C~rps of ~ngineers (C~) regulates activities in Watcrs of thc United Stales pursuant to tl~e Clean Water Act (PL92-500 Section 404) as fiuther defined in the C~ regulatory grc~~~•an~ {33 GFR 320 330). 'l~ie 5tate of Florida Dcparlment ~f Enviroi~iental Protectioii (ll~,Y) has establishcd weiland identifcation and ~~ermitting processes at Chaptcr 62-330, 62-340, and G2-312 of the FloridA AC~I]11111StTahVe COC~e ~I'AG~. Current federal and statc wctland clefinili~ns are derived from die ori~in~l cieCinition foiind iii 33 GrR 328,3, identifyiug wetlauds as "thi~sc arcas that are iuundated, ~r saturatcd by siirface or grounc~ water at a fi•equeney ai~d duration suf~icient to support, and that under normal circumstances clo suppqrt, ~ prevalence of vegetation typically adapted to life in saturated soil conditions". Delineatioi~ ofi federally rcgulalecl j~~risdictional 1 . , • , ` t ~ ~ y - `1, r~ ti.~ ~i ~ ~ , ~ , ~ N ~i ` , , ~ . ~ ~ ~ ~ : ; D2~:.~ ~ ~ ^ - , ¦ ~ . . . . L ' • . . _ - 7I . . " -_S. ~ \ _ ~ ~ h . ~ ~ s n ~ ~ ~ra ` ~ ~ ; 3~~= ~ , ~ :i zk i ~ i I ~ ~ k~ i r ~ _ - ( ' . ~ 'L,~ 1 ` (;J ~ f~ ~ ---.1_ . ~ ~ ~~a t~ • ~ -_L , : i. : - - - - ~ ~ - ~ _ - _ ~ " _ T ~~i«i : = ` ; - - - ~~~1 f i I i F P rks Re31; , c f ( 4 =1 ~ I \ti` ` ~ j ~ - ~ Aicai_~ Y 1 F r~. ( - - i~~ ~..E'=~' f ~r3 + _ . ' _ _ ~ ~s ~ ~ ~ ~ ' { ~ I ` Y~? _ ~ t 1; i' • ~ = i ~ - - - ' \ ~ ~ . ~ i '~,1` P ~ _ C~ a ~ i , ~ , - . 5 r. , 3 ` - - ~ ' I ~ tdanarn ~ • ~ - a.. _ xz~ ; ~ ~ . ~ , ~ n ` ~ _x ~ ~ ~ ~ I~ ± _ ' ! ~ ~ , ; ~ 4) j ----i j , ~ ii- _ . t - ~ i~', P9 ~ f ~ ~i , - - ~~dM~ zi . I ! _ : ~ `t , , ~ ~ ~ ~ ~ ; . ~ , ~ ~ _ ~ : ~ ' 1 ~ _ - j ~ 1 ~ i ~ ~ ' ' ~ f ~ - _ ~ e ~ L~ ' ` r ~ 5 ~ , ¦ ~Q • ~ . $ ; t • a .y ~J. ~__I ~ ~ ~ • ~;r?~i.., l0 • il ) ~ . _~„-~,e,y.~;_. 'il ~ •1 ' ' ~ ~ . [~S"'' ` ~ . i~~i; ~ i ~ i . f 4~ . ~ I • t ' ~ . ~ e ~ .:2f - . ~ • ~ • . . ' ~ - - t - ' 1 a i t . ` ~ ' ~ ' ~a r-- •r ~ l ! ILf i) rsa n . - ora -=i ~ : .t ' t A?.3 5,r--.~ ~ ~ f ~~~t~l ( I - ~ ~ -~t - - - ~ ~ ~ Project Boundary 4~ ~ ~ o ~.ooo z.ono ' ~ ` , ~ . ~ ~ - 'i F~t swrcMs,~ uscs rovoorecn~c surver . ~ . . . ~ ~ . . _ ~ ~~:r-1 \ . . ~ ~ . fort Pieroe NYY (1939. Photaevbe0 1963~, Flaida OusOran9V ~ ~ - . ~ . ~ , ~ x. . ~ . Sec6on TOwnsh.'p 35 Sou6+, W ege 3'3 Lsst . . . . . ~ ~ . - R~.r r. TMii+!orm~~on~cc!~dontF.if~7,.~~kfo. . ~ . : : . . mnuGanlyu~auso rwns:uaa~aiaan;:~erqr_cr } _ - " _ _ _ - - _ ~'~3,J' ' ory~~p~tinienirropm'rss:mafssn~,ta.r.ii;..J.;,~ ~ C ~ ~ . ~b~r.irF~nl~ism'.~tYy4TaaMaN~gdiaryarn:w~. _1.. ..1 . ~ 4r10: t. ~1~..'...~ . 1 1 \ ~ F.\VIR~N~IF.NTAL Froject: EP07114.00 S~~Z`,~~~y~ ~N~ Project Location Map Date: June 3U07 P•^~'•~~~" s~"' Horseshoe Grove ,u~~«. Fbr~J. ~343, t~,~ DrwnlChkd: KG/LS +'~,~,?y~'°,F'~ St, Lucle County, Florlda ~,.,.~.~.;~x.,,.•~Y-.u_ Figure: 1 ~ B. Vegetative Communities The parcel is doniinated ~y citnis groves, with a singl~-family residence and a niaii-niade pond on tlie property. ~aisting vegetative conunwuties on tlte parcel wcrc tttapped using FLUCFCS (Fi~ure 3). The vegetative conununities are described as f~?lor~vs: 1 Residential, Lo~v Density _(PLUCFCS 114). The lUw-density i~esidential community includes a single-family r~siderice, a}~ple l~arn ~=ith farm equipment, and trailers. In this cnmmunity, a canopy of slash pine exists ~ver a scattered subcac2opy of saw galmeitc~, Brazilian pepper (Sclai~ai~s te~•ebi~rtliifalitrs), and wax myrtle. Ground cover co,~sists of bahia ~rass (Pcr~~ulw~~ ~~v~crttif»). This cover type comprises approxirnately 6.57 acres. 2, Citrus Groves ~LtICFCS 22l). The citx~us ~ove coiunnuuty is conlprised of land that lias been cleared, bedded/furrowcd, ancl planted wilh citrus trccs. Tl~c conuuou grasses fouiid in association ta~itli the citrus ~roves incliidc batlia g~•gss and field Paspaluiti (Pcra1xrhntt sp:). ~ther vegetation found in tl~is area includes dog fenneI (Ettpatorit~~lt ccrpillifr~liamr), rag~i~eed (An~br•osin urlemis fvlia), and beggartick (73idens s~.). 7'his cover type comprises ~pprotiim~iiely 33.Od Hcres. 3. Sh~earus and Waterwavs (FLUCrCS Sl0). Thiti laiid-ttsc code describes linear ~~~ater bodies. This coinmttnity iilcludes two individual fcatures on this property. Thi: cl~nvnant ditch begins on a portion of the western property bo~iiidaiy, il~iming alcing thc propcrty bound~?ry tiorkh before hu~ning south alona a poi~tion of the eastein }~roperty boutidary and conlinuin~ ~iuc soutli tlu•ot~gh tl~e c:enter ~f the pr~perty. This di#ch connects by a culvert to a canal runniii~ e~sl-t~- west, south of the pr~pc;rly. Tlus diich is approaimately eigut feet wide aloiig its cottrse aud possesses a dense covcring of duckaveeci (Lenma sp.). A second ditch follotvs north-to-south along tlle wester~ propei~ty bou~~dr~ry adjaccnt to the residcnti~l area. This ciitch coruiects by a culvert to a caiial nu~ning east-to-wcst, south of the l~roperty, This clilch is approximately three feet wide. The ditches combined eomprise approaimately U.{i3 acre. 4. Rese~-~~oirs less than 10 arres (FLUCFGS 5341. This land-use code ~ dcscribes water bodies that are doniinai~t features of a property. '1'l~is cnmmunity coml~riscs. an opcn-water, ni~n-mac~e pond located near the southwestei~i ~oitioh of tl~e parcel withir? the residential area. This pond connects to a small ditch oi~ lhe western propei~ty boundary. hi-inge vegetation surrqundin~ this c~mmunity inciudcs bc~vsh (Rhynchos~~ora sp.) and cattail (Tjphn latifolin}. '('his arca coinprises apl~~oximatcly 0.35 acre. ' S . - ~s: ~ ' - ~ ~L 3y'~ 4f~ - `aL - r Q~.y : . "b Y' ",L - 'd~4 N ~ ~ t - ~ ~ ~ ~ ` , ~ E,~~ ~ - . ~Y _ ° _ _ ~ ;~x ' ~ Z _ ~ - r;, , - = _ ~ ~e r~. . - - ~z~ ~ ~ . ~ .~~~i__ ~ , f , ~ _ ~ ~ ~ • _ . _ , : = ~ - - ~F • . - _ _ ~ - ~ _ ~ : ~ - , r _ _ _F - - - ~ _ a g „ z ~ ~ ~E ~ ~i ~ ~ _ - _ _ r * ~ _ ~ _ ~ ~ ~ ~ - - - _ _ = _ ' uH~ ~s - _ _ _ _ .f 1,v3~. _ _ _ 't ~ 1 " - ~ L " 2_ , ~ 5 ry, ~ f . ~ ~ ~ ~ts - ~ . ~~T~'k ~ ~ ~ . a ~,t - _ r 3 _ _ , `'s _ tfi~ : - _ °-sr - ;.l~: ~ - ~'x..i ' ~ ~~i r ii , A~ ~ s~ t ' • I i ~s ~ p _ _ 4 . { ~ ~ _ ~ ~ y~ ~ _ 3 r i~ _ . + x y T~cv ~ - J.~i' `~~.3,~ ~ 1 t ~ - - 'b. ~ i.. S~.": ' _ 'T- i~' ~ ."-aH'h _ +w~ ~ . ~ ~ ~ i ~ £ - ' + ~ ! . _ , _ . ~ ~ . • ~ _ _ F - ~ _ ~ ~ ~ t r, ti. ~ ~ ~ ~~~.4 ~ ~ ' 3-~~ ~ ~ ~ ~ : - ~ r' ~ r,. _ ~ ; ~ ~ ~ ~3 ~'f s - - 1 - ~ ~ _ ~ ~ 4~~~ { ' - _ ~Y ~ > f~~` - "fN, i J' 1. Y(~ ~ 4" 'a~ ' s ~ - - ~ ~ a; ; ProjectBoundary - - s~_ ~3~~~.~~'~~ ~ ~ : ~ t ~ 25, NETTLES SAND ~ 3 ~ . r~ ~Y 9 ~ ~ ~ 31, FEPPEft SAND - ~ ~ ~ = - s r - ~ ~ ' -~s ~ ~ $ o zso soo - - ~ ~ Fni * ' a oe rtment efTro nauon ,x ~ , ~~as~: Fw~a w ~ ~ _ , ~ ' ' 200.5 ILgiul Aenal Phologrpeh - . . . _ ~ i USOA Soil ~nvey for.z Luck CouMy, Florida 3R~ uedion t. IGM~fhp 35 SouUl~ ft6NJe 39 Erst 1 ~~S~ x~ Rsdsimer.Th~inMms4onAY~:.fr~l~nf:skfmwW ~ . M ~ ~i ~ppyalpupucaiy,aut~tbald~ic~cad~r%n~r ~ x.iedoqstki~mdya9Vrakr•aW~erocetrdnf~Djed ' . g- b~w?r.v,~d:yWovali7a~~~•W'aWN.arcMC. _ S"-'- ~ _ . LN1'IItO\11GNTAl. ProjecF. EP07114.00 Soils Map SGR~rtCES, I~C. Date: June 2007 ~•~~FU~~~~~~ Horseshoe Grove ~a.~.Fw;~.ause Orwn/Chkd: KG1LS cwn:~ssi~i ~f, ~~1~+~~ F•= S~ Lucie County, Florida wuwee.eervr.r~.sf_nms~necan ~ ~gUfB' .Z ~ R. Veget.itive Cnmmunities Tlie parcel is don~iuated by citrus gcoves, ~~vith a singlc-family resiclence aud a man-made ponc~ on tlic properry. Existing vegetative conimtuuties on tlie parcel were maj~ped using FLUCFCS (Figure 3}. The vebetative coriuinuuties are described as follows: 1 Residential, Low llensity {FI.i.ICFCS 11Q). Tlic low-clensily residential comniuiuty incltides a single-family residence, a pole bain with fartn equipmcnt, and trailcrs. Iii tlus community, a canopy of slash pine exists o~Ter a scattered suUcanopy of sa~~v palmetto, Rmiilian pcppcr (Scl~i»t~s te~'BUT311I11fOIlifS~, and wax niyi~tle. Grounci cover consists of ~ahia grass (Pnspahrm ~~vlu~riirl). This cover typc comprises approximately 6.57 acres. 2. Citnis Grvves (FLUCFCS 221). Thc cilrus grove conununity is comprised ~f land that has been cleared, bedded/fiin•ow~d, and planted with citrus trees. Tlie conunon grasscs found iu association with the citivs groves uiclude bahia grass and field p~.sj~alum (Paa~aJrrnr $p.). Other ve~etation found in ttiis ~rea includes dog feru~el (~arpatoriiun capillifnliiu~r), ragK1ccc1 (A1~tbrosia artemisi/'olin), and beggartick (Bider~s sp.). `l'his cover type con~priscs ap~~r~ximately 33A6 ~cres 3. Streams and Watei~~avs (FLUCFCS 510)• 7'his land-use ct~dc dcscribes lincar watcr bo~lies. This conunwuty u~cludes t~~o individual features on tl~is proi~erty. The donunant ditch bC~,TlllS oii a portion of tlie western property bounclaiy, ninnuig along tlie ~~rnperty l~oundary north bef~re turning soutl~ along a portion of tlie eastern property botuidary aud coiitinuin~ due szfuth Q~rough the ccntcr of the properly. This ditch connects by a culveit to a canal n~nning cast-to- west, south of tlie properiy. This ditcl~ is approximately eigi~t feet wide along its course and possesses a dense covering of duckwecd (Le» u~U sg.). A second ditch f~Il~ws north to-soutl~ along the westei7~ }~roperty boundac,y adj~c~nt thc singlc- family residcncc. Tfiis diich c~nnects by ~ ciilveit to a canat running east-to-west, south of the property: Tl~is ctitc~i is appr~ximatcly three feet tij~ide. The clitches combined comprise approximately O.G3 acre. 4. Reservoirs less thail 1 U aci•es ( FI.tJGFCS 534). Tlus l~~d-usc code descrihas wa~cr bodies that a~~e dominaiit feat~ires of a property. 1'his community ' coinprises an open-~~vatcr, ?nan-macle pc~nd located near tl~e southt~vestei~n poitioi~ of the parcel within the residential area. '[1~is pond connccts tu a small ditch on lhe weslern property boundary. Fringe vegetation surroundirag this communily inclucles t~efilcru5h (RlryrachosJ~orn sp.) and cattail (Typha latifolia). "1'his area comprises approximately 0.35 acrc, 5 ~ N . - . 2 7 e 5N O a ~ 6~10 3a . I 1 1 110 ~Projecl Boundary ~ Community Bpundary - - - Ditch FLUCFCS o ~o 110 Low Densiry Residential (6.57 ac) fQ~~ Se~uce(s) Fbnda Oapartmenl d TrsnsporUSOn 221 Citrus Groves (33,06 ac) 2005UigitalAmsiFfiolopipah - - - FbndaLmdUS~,.CoYarntlFern+t 510 Skfeams and VUaterways (0.63 ac) Ch~s~ation Srikm (FGO~ Soqion L Tamcir'ry~ 95 South, Ra~go ~9 Eas-l ~ D"sdim.-,. t6e hdumaEin deP~MQOn tlis SQxe k tm 534 fteservoirs Less Than 10 Acres Which Are Dominant Features (Q35 ac) ~~Jy~p~~'~~~miNOkitllYdltj~91Ci7 or yeoto~~th rwJ:liny~+o4aamW c.nic.a~ rd 6*u4jrtct . . . p tflaw and ~DC~~n bY appM`!WNttP~'/ apxr.i~c Ea'\VlliO\DIEN'CAL Fraject: EFU7114.OU Existing Conditions Map SER~'IC:ES, [\'C'. Date; June 2Qp7 ~~~~~~~~R~~~ Horseshoe Grove ~w+v.F~+d?~~ D[yrn/Chkd: KGILS (56S) TI}SHt a~,~,~~-~+„ F~~ St. Lucie County, Florida aazv~aii ~ Figure; ~3 ~ : C. Listed Spccics Non-listed wildlife or signs of species obseived included v~rious manunal and Uirds. All species of wildlife oi~served and dqcumcntccl ?re typical representatives of the different habitats on tlie project site. None are unusual for the St Lucie County xrca. Non-li.sted avi~ui species observed includes red-bellied v~~oodpecker (rldeldrte~~es c~rrolir~u.s), dov?~iy wo~drecker (F'icoides pr~bescet~~), iurkey vult~~re (Cat)tartes atu•a), blue jay (Cyanocrttr~ cris~~rtcr), cardinal (Car•dincil~s ccrrdi~~crlis), m~ckingbirci (Alinrus polygloltos), and n~ottrning dove (Zennidc~ macrozn•n). Non-listed n~amnials obscrvecl consisted of eastern c~tlontail rxbbil (S~~lvilcr~crs.flor•idarnts). N~ species listed as protected ~y fede~•al, state, ~r ]ocal enviranrnental regul~itory agcncics were noted at the time of this assessnient, No plants listed by federal, state, or locfll environmcntal regulatoiy a~cncies were observed during the site visit. D. Wettands No jurisdictional wetland areas occur on thc sitc. However, lhe pond and ditches (FLUCrCS 510 and 534) located on the propei~r may be considered jurisdictional stirrac:e ~vxlers by the re~ulatoiy agencies. Obtaining verification of the eatent of su?-face wzters on the prc~periy will rcyuirc on-site ineetings tvith SFWMD and C~ staff to ~~erify jurisdictional wetland lines. IV. SUMMARY A, Vegetative Commu.nities Vcgeiative communilies on the parcel were inaUped using FLUCFCS. "1'lie primary degetative coii~anuniiy type is citru5 grUVC. No native trees exist in this comtuunity. However, sevei~31 native trees exist ii~ the residential l~ortion of thc parceL St. i.ucic Counry rcquires mitigation tur all qualifie~ native trees that cannot be prese~ved and incorporated into the developulent plari, accordin}; lo Cllaptcr VI Resource Protection Stauda~•ds. To lo~ver mitigatioji costs, fhe site plan should incorl~~ratc a5 matiy uative trccs as ~ossiblc.. St. Lucie County ~~vill require a tree inventory and tree mitigatioii pla~~ prioi` to final site pla?i appr~val. B. Listed Species Non-listed ~vildlife or signs of specics abscrvcd inclucleci various mainmal and coinmari bird species. All species of wildlife obseived ~id docuniented are typical repn:sent~tivcs of ihe different h~bitals on the project site. None are tmusual for the St. Lucie County area. 7 No plairts listed by federat, state, or l~cal cnvironmental regulatory ageucies were obsenred during the site visit. Na species listecl as proi~cted by fcdcral, state, or local enviroiunental regi~latory agencies ti~tere noted at flie time of #his assessmcnt. C. Wetlands No ~~~etlands were observed on tt~e propc~ty. Thc ciitches anci man-made pond (rLUCPCS 510 and 534 respectively) may Ue considered as jurisdictional stu-face watcrs by SFWMD and CE. Obtaining verification of tlie exfei~t of juiisdictioiial ~ueas within the praperty will require ~i3-site meetings ~~vith SFWMD and CE stafF. 8 x~:NLx~NCEs Fl~r.icla Associalion ~f Enviroiuuental Soil Scieiitists. April 1995. Hydric Soils Hanclbook of Flnrida. 409 p. Florida De~ai~tnZent of Agriculture atid Consumer Services, ni~~ision of Pluit It~di~stry. ~pril 2004. Preservaliun of Native rlora of Florida, Cl~apter 513-40.OOSS; Florida Administi~tive Cdde. Florida Departnietit of Transpoitation. 1999. Florida Land tJsc, Cc~vcr aud Foinis Classification Systcros Hanclbook. T~llahassee, rlorida. 91 p. Florida Pish and Wildlife Goiiseivation C:ori~mission. 2Q04. Fl~rida's ~ndangered Species, Threatened Species aiid Species of Special Coiicern, Official I,ists. Tallahassee, Florida. 15p. Gilbert K., J. Tobe, R Gautrell, M. S~~~eeley and J. Co~pcr, 1995. The Floricia Wetlands l~cliiication Man~ixl. The rlorida Deparhuent of Environniental Yrotection, Soulh Florida Water Maiiage~nent Uist~•ict, St. Joluis River Water Manaaeinent District, Stiwannee Rivcc Water Manageiiient Uistrict, and Noith~-ti~est Floriclt~ Wa~cr Manaaeii~ent District. 197 p. tJ. S. ncractmcnt of A~~ricullure, Soil Conserc~atioii Seivice. 1980. Soil Survey ol' St. T~ut;ic Cotmty Area, ~'l~rida. 1 K3 p. + riial~s. 9 OFFICE USE ONLY: DATE FILED: ~ SP NUMBER: //t 7~ 7/v~ ~G' REVIEW FEE: ~ RECEIPT NO: ~G• ~ G~' RESOLUT'ION NO: CONCURRENCY FEE: RECEIPT NO: CERT. CAPACITY NO: ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 Virginia Ave Fort Pierce, FL 34982 772-462-2822 APPLICATIO~T FOR MINOR/MAJOR SITE PLAN AND CERTIFICATE OF CAPACITY DIRECTIONS FOR SUBNIITTAL Please complebe the requested inforsnation and submit all iums to the St Lucie Counry Growth Management Departrnent, 2300 Vuginia Avenue, Ft Pierce, FL 34982. The pmper rwn-refundablc applicetion fa must accompany all applications. For additioe~l details a? the informatiai necxssary for a submission of a site plan, please nfer to Sectiort 11.02.00, St Lucie Counry Land Development Code. For assistance in submitting She application, please wntact the St Lucie County Growth Managecnent Depattinent, Planning Divisioa ~ , REVIEW FEES AND THRESHOLD FOR REVIEW Minor Site Plan Major Site Plan Required Review 5400.00 Less than 10 Acres 5700.00 Fee 10-50 Acres 5850.00 More thaa 50 Acres S1000.00 = SS/acre over 50 Acres Concurrency Fee 5200.00 5400.00 ' Review T6resholds Residential Development Residential Devdopment Single Family 3 to lU Lots Single Family >10 Lots i Multi Family < 50 Units Multi Family =>50 Dwelling Units ~ Non-Residentisl Noo-Residenqal General Non-Residentiai 6,000-24,999 sf General Non-Residential =>25,000 sf Drivo-ihru Facility Q4,999 sf Commercial Lodging < 6 units Fuel Dispensing Uses Q4,999 SF Commercial Lodging < 6 units ; Plat Fee (uo 5250.00 $250.00 ~ im rovements ' Site Plan Ertension S200.00 5200.00 ; , q,_„ ~..,~i`_y'At'-: v t F~ t~c n~~ rype of site Plan (plea4e check one) Minor s;tc Plan [ ? ] Major site #'le~;[ ' ~ ~ _ - . . . . _ . _ . , . . . . ' Submission of Application ' Initial submission shall include the following: ~ . . r~_ _ , : . - = rYj One (1) original of the completed site plan application. ~ ?lf Twenty (20) copia of the site plan g~aphics. (24 inc6es by 36 inches shats) yaj~ Tvu~h' (20) cwpies ofthe landscape plan. ~ V:_ :!t`.. Yy„~ ;'..:.,x 4) Twenty (20) copies of the requircd boundary and topogaphic survey. 5) Five copies of the Tratuportation Impact Report (if applicable). ~ Five (5) copies of the Environmental Impact Report (if applicable). ~ _ ' 'n Five (5) copies of the Pteliminary Drainage Data - 8) Two (2) copies of Aerial. 9) One (1) wpy of the St Lucie County Property Appraiser Tax Map (Scalo 1:200) with property imder petition highlighted. All applitation~ [or Site Pian approval mnat be tompleted and 51cd w~it6 t6e department betore 4:30 PM eaeh bosinas day to meet applicable filing deadlines . For an applicatioo ~ubmiaaion to be determined complete, all requircd materials mmt be present at t1e dme of:abmission. Project Information Location/Site Address afong the westem frontage of FAA Road approximately 3000' North of Orange Avenue Site Plan Name Horseshoe Grove 230441200200000, 23E~4t+~fl9'199996 ~ ~ ~ j~L ~~e:~Cl,l.s~~ Property Ta: ID ~ . Number !~L ~ ~ y ' a7 Legal Description See Attached (attach eztra s6eets if necessary) Section 4 Township 35 South ~°ge 39 East Parcd Siu Acres 40.61 Squan Footage ~,769,123.62 s.f. Zoning District AG-5 Land Use RE Clissification 7 lot subdivision consistent with section 3.01.03C of Sairrt Lucie County Land Development Code pertaining to AG5 zoning District. Description of Project Residential Number of Residential 7 Units/Subdivided Lotr [ . ] Commercisl Total Sqwn Footage Type of Construction (Check all apprnpriate bozes) [ J Industrial Total Squan Footage [ ] Please apecify ' Number and siu of ~ outpareels (if applicable) St Lucie County Application for Minor/Major Site Plan Checktist Have you shown or provided the following required information? Boundary & Topographic Information: (Refer to Section 11.02.09(Ax2), St. Lucie County Land Develppment Code) Yes No Aerial Photograph (subject property highlighted?) ~ Location Sketch ~ Boundary/Topographic Survey ~ Positive Outfall ~ Floodplain ~ Drainage Basin Boundaries ~ Preliminary, SFWIVID Permit Data ~ Site Plan Information: (Refer to Section 11.02.09(Ax3), St Lucie County Land Development Code) Yes No Yes No Lceation, D'unension & Setbacks p~~ ~d loadin areas ~ ? for all buildin ~ g g ~dentification of maximum ~ Wa~~~~,~,~r Facilities ? buildable area under review Identification of all easements ~ Idenrificarion of all drain e facilities ~ ' Identification of adjacent ? Location of all sh~eets ? ' drivewa s ' Location of all o s aces ~ Landsc in Plan ~ ~ Li tin Plaa Phasin Plan ~ Trans rtation Im act Re rt - Environmental Im act Re rt ? ' Ve etation Removal Plan Sea Turtle Pmtection Plan ; I If you have answered NO to any item above, please explain why in the space below: ' 1. Veqetation removal plan shall be submitted at the 6me of application of "Notice of veqetation removal permiY 2. At this time it is not anticipated the project will be phased. ~ ~ 3. Sea Turde projection plan is not applicable to this site. 4. Lighting Plan is not applicable at this time. 0 , 5. Landscape Plan is not applicable at this time. ~~,t,~„` ~ ~ I i , ~I~~ SPECIAL NOTICE (PLEASE READ BEFORE SIGNIIVG ACKNOWLEDGMENTS BELOV~ 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 suthority. St. Lucie County reserves the right to request additional information to ensurs a complete review of this project. ACKNOWLEDGMENTS AppGcant Information (Property Developer) Agent Information Name• Barol LLC N~~e• Lucido 8 Associates Addras: P.O. Box 810848 Addre,s: ~ 00 Avenue A Suite 2A Boca Raton, FL 33481 Fort Pierce FL 34950 Phone:561.998.8372 Faz: PLone:772~67-1301 g==;772~67-1303 ~ Property Owncr Intormation 'This application will not be considered complete wit6out the notarized signature of all orooertv owoen of record. which shall serve as an aclawwledgment of the submis ' ' application for site plan approval. The propertg owner's signature below shall also serve as authorization for the abo lic r ~ to act n behalf of said property owner. 1 ~Lsl~n ~~i rc n ' perly ner ~gnature Property Owner Name (Please Print) Mailiug Address: 2~ ~ 7 NW 19th Way Boca Raton, FL 33431 Phone: 561.289.8394 STATE OF FLORIDA COUNTY OF Sf Lvc~ ~e F~~; o`~i~~, oi~,Y The foregoing ins~ument was aclrnowledged before me this ~je~'t'~ie~i~`r~~'~~~~r~~~,.~ da of J n ~ . 2o d c~ n ~~.~T ai ~ ; ~ ~„„yz-~=: Y ~ ~ ~ ~ Yq ar~~Ci~Y.~'i~"~S_ .~~f` l` .~~-~.~E ~ A~E:~ ~ ~ i c "°`m ' :7' ,q.~,~'4~ k"".:3 -z~~s;',~' ~:,~•r,' who is personally known to me or who has produced ~•~/t~,!'S~~~C~pp;o~~~ate'?~-~~ as idernification. . ~mc~ ~ ~ ",z ~ _ w~.~`; ~.~a..~-'~"~~ s.,~ti:. =a t`- .tC~~~5- c ,~v, ° : ..s~.e: '~.~.E~'3y ~~~'h~~+L~..~~c~w`~~`_ s^bo.q ~+~s`~~".'~^'~~'-`i.^~es . 1 ? , ~ cs~g- .q.:~"~ ~ -~.~i.~e ~.~y.;t`` r~+a+~~ • . ~ ~'Ti,t.-~?+- . . .:~ti•~~ ~ ~ ~r ~~~~y Si ture ofNo ' ~~.-+~€~*zs~,.-~...'~' ..~-sf!-= ~y k~+~- ~~,.i. " y ~ ~a+:y~,~a~i.€`p~i~Y+~ ~''~-E3~}o.'^t-°w?.~i@+~; ~.~'i,-.~z'~'r~ ' f ~ ~ y~ or ~inc ame of Notary Notarv Public Title D~.S~ 7~ ~ Commission Number (Seal) li~l1 Nli~ • ~ M Fdli • CMMiI~w !i*1~1,Irl ~ O~~wlrll~ / OD S1rIM ~ai1~/ M N11wM Nolrr Aw, Le~al Description THAT PORTION OF THE EAST ONE-HALF OF THE EAST ONE-HALF OF T'HE SOUTH-EAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING SOUTHERLY AND WESTERLY OF 'THE SUNSHINE STATE PARKWAY, LESS RIGHT-OF-WAY FOR F.F.A. ROAD AND CANAL RIGHT-OF-WAY. TOGE'THER WITH: THAT PART OF THE WEST ONE-HAI.F OF 'TI~ EAST ONE-HALF OF TI-~ SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 SOLTTH, RANGE 39 EAST, LYING SOUTHERLY OF TI~ RIGHT-OF-WAY OF F.F.A. FRONTAGE ROAD AND LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA; LESS THE SOUTH 100 FEET THEREOF, AND ALSO LESS AND EXCEP"TING THEREFROM 'TI~ FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCE AT TI~ SOUTI~AST CORNER OF T~-~ NORTHWEST QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; THENCE RUN NORTH , ALONG TF~ EAST LINE OF SAID NORTHWEST QUARTER OF TI~ SOUTHEAST QUARTER, A DISTANCE OF 492.40 FEET TO 'THE POINT OF BEGINNING; THENCE CONTINUE NORTH, A DISTANCE OF 672.50 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF F.F.A. ROAD; THENCE RUN SOUTI~ASTERLY, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 341.75 FEET; T'HENCE RUN SOUTHWESTERLY 483.03 FEET, TO THE POINT OF BEGINNING, AS CONVEYED IN O.R. BOOK 397, PAGE 748, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ALL LESS AND EXCEPTIlVG THE FOLLOWING DESCRIBED PARCEL; A PORTION OF 'THE EAST HALF OF TI~ SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIl' 35 SOUTH R.ANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT 'THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORT'H 89°53'25" WEST, ALONG THE SOLJTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 40.00 FEET; THENCE NORTH 00°04'02" EAST, ALONG A LINE 40 FEET WEST OF AND PARt3LLEL WITH T'HE EAST LINE OF SAID SECTION 4, A DISTANCE OF 100.00 FEET TO TI-~E POINT OF BEGIl~INING; TI~NCE NORT'H 89°53'25" WEST, ALONG A LINE 100.00 FEET NORTH AND PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 649.19 FEET; TT-~NCE NORTH O1 °53'S6" WEST, A DISTANCE OF 313.27 FEET; TI~NCE NORT'H 86°43'31" EAST, A DISTANCE OF 661.06 FEET; T`HENCE SOUTH 00°04'02" WEST, ALONG A LINE 40.00 FEET WEST OF AND PARALLEL WITH SAID EAST LINE, A DISTANCE OF 352.10 FEET TO T'I~ POINT OF BEGINNING. SAID LAND SITUATE IN ST. LUCIE COITNTY, FLORIDA, AND CONTAIN 40.614 ACRES, MORE OR LESS. Check List Based on Section 11.02.09 Of St. Lucie County Land Development Code. Project Name: Horseshoe Grove 1. The applicant's name and address See Sheet 1(Minor Development P/an (200 sca/e) 2.The applicant's interest in the subject property See Sheet 1(Minor Deve/opment Plan (200 ~sca/e) 3. The owner's name and address, if different from the applicant, and the owner's signed consent to the filing of the application. 4. The street address and iegal description of the property. See Sheet 1(Minor Development P/an (200 sca/eJ 5. The present zoning classification and existing uses of the subject property proposed to be reclassified. See Sheet 1(Minor Deve/opment Plan (200 sca/e) 6. Information on land areas adjacent to the proposed development and an indication of the relationships between the proposed development and existing proposed adjacent azeas, including land uses, zoning classifications, densities, cuculation systems, public facilities, and unique natUral features of the land. See Sheet 1(Minor Deve/opment P/an (200 sca/e) 7. A development schedule indicating the approximate date construction of the development or stages of the development can be expected to begin and be completed. See Sheet 1(Minor Deve/opment P/an (200 sca/e) 8. A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the development, such as land areas, dwelling units, and commercial facilities. See Sheet 1(Minor Deve/opment P/an (200 sca/e) 9. A statement describing whether the project will utilize existing water and sewer facilities and if so a letter from the service provider stating capacity will be available of the project. See Sf?eet t(Minor Deve/opment P/an (200 sca/e) 10. An aerial photograph of the property on which the development activity is to take place. See Sheet 6 (Aeria/ Map) - 11. Detailed location sketch of the proposed development designating the section, township and range. See Sheet 1(Minor Deve/opment P/an (200 sca/e) 1 12.A topographic stuvey of the entire project site, prepazed in accordance with the current standards of Chapter 61G17-6FAC. See Boundary and Topographical Survey 13.A boundary Survey and legal description prepazed in accordance with the current standards of Chapter 61 G 17-6 FAC. See Boundary and Topographica/ Survey 14.The location of the property by lot number, block, number, and street address, if any. ' See Sheet 1(Minor Development P/an (200 sca/e) 15. The boundary lines of the properiy, the dimensions of the property, existing subdivision easements, roadways, rail lines, and public rights-of - ~y. See Sheet 1(Minor Deve/opment Plan (200 sca/e) and Sheets 2-4(Minor Deve/opment P/an (50 Sac/e) 16.The location and dimensions, including height, of all buildings and structures. See Boundary and Topogrephica/ Survey 17.The identification of the maximum buildable area of each lot or parcel within the proposed development, based on minimum building setbacks of the particular zoning district in which the development is located. See Sheet !(Minor Deve/opment P/an (200 sca/e) . 18.The location and dimension of parking and loading areas. Not Applicable 19.The location of water disposal and water supply facilities. The site plan shall indicate the size and location of all water distribution lines, (exiting and proposed) and shall identify the location of all fire hydrants (existing and proposed) on the proposed development site and within one thousand (1000) feet of the proposed development site. Nof Applicab/e 20.The locations of existing (site plans and subdivisions) and proposed (subdivision only) easements for utility systems, including sewage facilities and water supply facilities, electric, gas, and telephone lines. The property contains no existing easements.) 21.The location of all drainage retention azeas and major drainage improvements. Each lot will maintain separate drainage retention. 2 22.The location and configuration of all public and private roadways for a distance of one hundred fifty (150) feet from all project access points. See Sheet 7(Driveway Location PJan) 23.The location of the existing and proposed circulation system of arterial and collector streets and any other transportation improvements. Not App/icab/e 24.The location and size of all areas to be conveyed, dedicated or reserved as common open space, pazks, recreational areas, school sites, rights of way and other public uses. Not Applicab/e 25.The pedestrian circulation system, including its interrelationship with the vehiculaz circulation system. Not Applicab/e 1 26. roposed landscaping, including the types, location, and quantity of all ts or materials, and the location of fences or screen plantings. Not Applicab/e 27:The location, size, and arrangement of all existing or proposed signs or lighting. Not Applicab/e; no signs or lighting proposed at this time. 28.Boundaries depicting construction phases, if applicable. Not Applicab/e 29.The approximate location and dimension of all pmposed lots and all yard requirements, if applicable. See Sheet 1(Minor Development P/an (200 scale) 30.The location and dimensions of all paved areas within on hundred (100) feet of the outside property boundaries. See Sheet 7(Driveway Location P/an) 31.The location, dimension and type of constructions of all buildings or structures within one hundred (100) feet of the outside property boundaries. See Sheet 7(Driveway Location P/an) 32.A transportation impact report in accordance with the requirements of Section 11.02.09 (A) (4), if applicable. . See engineering p/an for impact statement 33.An environmental impact report in accordance with-the requirements of Section 11.02.09 (A) (5). ' See Environmental lmpact Report , 3 34.A location map, which sha11 delineate the project boundaries on the St. Lucie County Tax Assessment Maps. See Sheet 1(Minor Deve/opment Plan (200 sca/e) 35.A driveway location plan which shall show the location of all driveways, public streets and private drives within six hundred and sixty (660) feet of the development, along any private or pub~ic street that will serve the project. See Sheet 7(Driveway Location PJan) i ~ 4 Deanna Givens From: Chris Newman Sent: Friday, February 20, 2009 9:29 AM To: Deanrta Givens Cc: Katherine Smith Subject: Horseshoe Grove - Barol LLC No bankruptcies or foreclosures on the above. Thanks~ Chris Newman Legal Secretary County Attorney's Office (772)462-1441 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subjed to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. I~ ~ ~ ~ I 1 ~I Aneela Ansar From: Michael Powley Sent: Monday, February 23, 2009 2:14 PM To: Aneela Ansar Cc: Ron Harris; John Frank Subject: RE: Horseshoe Grove info Hello Aneela, Please reduce the estimate for paving Horseshoe Grove Road (there is only one road, not two as I said in my earlier email) by half to $125,000 to $150,000. Thanks. Michael Powley County Engineer Ext. 1667 From: Aneela Ansar Sent: Monday, February 23, 2009 12:23 PM To: Michael Powley Cc: Robin Meyer; Mark Satterlee; Kristin Tetsworth Subject: RE: Horseshoe Grove info Micheal, Thank you Aneela Ansar, Senior Planner Growth Management, St. Lucie County 2300 Virginia Ave Ft. Pierce, FL 34982 Phone: 772-462-6445 Fax: 772-462-1581 ansara@stlucieco.gov From: Michael Powley Sent: Monday, February 23,.2009 12:07 PM To: Aneela Ansar Cc: Ron Harris; Faye W. Outlaw; John Frank Subject: Horseshoe Grove info Aneela, Here is the breakdown of the information you requested on Horseshoe Grove: The estimated cost to pave the two internal roads of Horseshoe Grove: $250,00 -$300,000. The estimated cost to pave all of FFA Road to the north side of their property: $1.5 million The Fair Share Contribution calculation (for FFA Road only) is not complete but will likely run in the $100,000 -$150,000 range. ~ Bear in mind that the developer's engineer will work to make all of these numbers more accurate. They have submitted . an initial submittal for the Fair Share Contribution calculation but have not yet resubmitted in response to our review comments. Michael Powley County Engineer Ext. 1667 Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that aIl County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subjed to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and ! or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and / or copying. Your e-mail communications will be subject to public disGosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 2 Kristin Tetsworth From: Aneela Ansar Sent: Monday, February 23, 2009 12:23 PM To: Michael Powley Cc: Robin Meyer; Mark Satterlee; Kristin Tetsworth Subject: RE: Horseshoe Grove info Micheal, Thank you Aneela Ansar, Senior Planner Growth Management, St. Lucie County "`~LL-~=~ ~~~5 2300 Virginia Ave Ft. Pierce, FL 34982 Phone: 772-462-6445 F~: 772-462-15 81 ansara e,stlucieco.~ov From: Michael Powley Sent: Monday, February 23, 2009 12:07 PM To: Aneela Ansar Cc: Ron Harris; Faye W. Outlaw; John Frank Subject: Horseshoe Grove info Aneela, Here is the breakdown of the information you requested on Horseshoe Grove: The estimated cost to pave the two internal roads of Horseshoe Grove: $250,00 -$300,000. The estimated cost to pave all of FFA Road to the north side of their property: $1.5 million The Fair Share Contribution calculation (for FFA Road only) is not complete but will likely run in the $100,000 -$150,000 range. Bear in mind that the developer's engineer will work to make all of these numbers more accurate. They have submitted an initial submittal for the Fair Share Contribution calculation but have not yet resubmitted in response to our review comments. Michael Powley County Engineer Ext. 1667 Please Note: Ftorida has v2ry broad public records lavds. Mosi written communications to or from County cfficials reyarding County business are public records avail2ble to the public and media upon request. It is the policy of St. Lucie County th2t all County records shall be cpen for personal inspection, examination and / or copying. Your ?-mail communications Urill be subject to public disclosure uni2ss an exemption applies to the communication. If you repived this email in error, plzase notify the sender by reply e-mail and delete all materials from all computeis. 1 Please Note: Flcrida has very broad public records laws. Nlost written communications to or from County officaals reyarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shail be open for perscnal inspection, examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communicatien. If you received this 2mail in errcr, please natify the sender by reply e-maii and delet? all materials from all computers. I ~I ~ ~I' Ili I ~ I ~ ~ ~ i I ~ i'I I ,i 2 Si~n Up Request Date Sent: 02-02-09 Attention: James A. Beams Sign # 11 ~1 ~ ~eCeiYe~l ~Y Sign to be installed by Sign Technicians before:02-20-09 ~~B 2l~ 2~~~ OR Sign to be ready for pick up before: GrA~h ~~~agemer~ (Pickup hours: 7:00 -11:30or 12:30- 3:00) Please return signed and dated original to Deanna Givens (ext. 6426) at Growth Management. Thank you. St. Lucie County Affidavit of Public Notice I, ~~~i ~f, , do hereby certify that as Agent for the St. Lucie County Board ommissioners on the following described property: Along the western frontage of FFA Road approximately 3000 feet north of Orange Avenue I did on .2 - , 2009 erect in a conspicuous place on this property the following notice: PUBLIC NOTICE Public Hearing for Application of Horseshoe Grove for a 7-lot Minor Site Plar, aF roval on 40.61 acres of land located in the AG-5 (Agricultural - 1 du/5 acres) Zoning District together with a waiver request from Section 7.05.07.B.2- Paving Requirements for Roads fhat Access Developments Requiring Site Plan Approval thaf Utilize Unpaved Public and Private Roads for Access, to not pave North FFA and the internal road to be held in the County Administration Building, 2300 Virginia Avenue, Fort Pierce, on March 3`d, 2009 @ 6 PM before the Board of County Commission. ' PETITIONS ARE AVAILABLE AT THE FRONT DESK IN THE PLANNING DIVISION. n^?-r c?~'? 2- O~ Signature D te Form No. 07-13 - ~ l.J BOARD OF GROWTH COUNTY ~ MANAGEMENT COMMISSIONERS ~ . ~ . . February 20, 2009 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 Horseshoe Grove - MNSP 720071270 In acwrdance with the St. Lucie County Land Development Code, you are hereby advised that "Barol LLC" has petitioned St Lucie County for a Waiver request pursuant to Section 7.05.07(B)2 Paving Requirements for Roads that Access Developments Requiring Site Plan Approval that Utilize Unpaved Public and Private Roads for Access, to not pave North FFA and the internal road, for the project known as "Horseshoe Grove" on 40.61 acres of land located in the AG- 5(Agricultural -1 du/5 acres) Zoning District for the following described pmperty: Location: Along the westem frontage of FFA Road approximately 3000 feet north of Orange Avenue. Legal Description: THAT PORTION OF T'I~ EAST ONE-HALF OF THE EAST ONE-HAI,F OF TF~ SOUTH-EAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, LYING SOUTI~RLY AND WESTERLY OF THE SUNSHINE STATE PARKWAY, LESS RIGHT-OF-WAY FOR F.F.A. ROAD AND CANAL RIGHT-OF-WAY. TOGETHER WITH: THAT PART OF THE WEST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 39 EAST, LYING SOUTHERLY OF THE RIGHT-OF-WAY OF F.F.A. FRONTAGE ROAD AND LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA; LESS 'THE SOUTH 100 FEET THEREOF, AND ALSO LESS AND EXCEPTING THEREFROM T'HE FOLLOWING DESCRIBED PARCEL OF LAND: CONIIvIENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST ONE- QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COLTNTY, FLORIDA; THENCE RUN NORTH , ALONG TI~ EAST LINE OF SAID NORTHWEST QUARTER OF TI~ SOUTHEAST QUARTER, A DISTANCE OF 492.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINLTE NORTH, A DISTANCE OF 672.50 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF F.F.A. ROAD; THENCE RUN SOUTHEASTERLY, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 341.75 FEET; THENCE RUN SOUTHWESTERLY 483.03 FEET, TO TI-~ POINT OF BEGINNING, AS CONVEYED IN O.R. BOOK 397, PAGE 748, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ALL LESS AND EXCEPTING THE FOLLOWING DESCRIBED PARCEL; A PORTION OF THE EAST HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 4, TOWNSHIP 35 SOUTH RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COD~IIv1ENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4, THENCE NORTH 89°53'25" WEST, ALONG TI~ SOUTH LINE OF TI~ SOUTHEAST QUARTER OF SAID SECTION 4, A DISTANCE OF 40.00 FEET; TI-~NCE NORTH 00°04'02" EAST, ALONG A LINE 40 FEET WEST OF AND PAR.ALLEL WITH THE EAST LINE OF SAID SECTION 4, A DISTANCE OF 100.00 FEET TO T'HE POINT OF BEGINNING; THENCE NORTH 89°53'25" WEST, ALONG A LINE 100.00 FEET NORTH AND PARALLEL WITH SAID SOUTH LINE, A DISTANCE OF 649.19 FEET; THENCE NORTH O1°53'S6" WEST, A DISTANCE OF 313.27 FEET; THENCE NORTH 86°43'31" EAST, A DISTANCE OF 661.06 FEET; THENCE SOUTH 00°04'02" WEST, ALONG A LINE CHRIS DZADOVSKY, Distnct No. 1• DOUG COWARD, District No. 2• PAiJL.4 A. LEVVIS, District No. 3• CH.4RLES GRANDE, District No. 4• CHRIS CRAFT, Disuict No. 5 County Administrator - Faye W. Outiaw, MPA Website: www.stlucieco.qov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 40.00 FEET WEST OF AND PARALLEL WITH SAID EAST LINE, A DISTANCE OF 352.10 FEET TO THE POINT OF BEGINNING. SAID LAND SITUATE IN ST. LUCIE COUNTY, FLORIDA, AND CONTAIN 40.614 ACRES, MORE OR LESS. The public heasing on ihe pdition will be held at 6: DO P.M., or as soon thereafter as possible, on Tuesdav. March 3id. 2009 County Commissioner's Chambers, Sx Lucie County Administration Building Annex, 2300 ~rginia Avenue, Fort Pierc~ Floridu 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 Board of County Commission, rather than by contact outside of the scheduled public hearing. 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 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 pmceeding, individuals testifying during a hearing will be sworn in Any party to the proceeding will be granted az? 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 or at ansara~,sa tlucieco.org if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY BOARD OF COUNTY COD'IlVIISSIONERS Paula a. Lewis, Chair ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA , March 3rd, 2009 NOTILE OF WANER FROM TNE PAYING REUIIIREMENT PURSUIINf i0 SECiIOM T.O5.07~lR Of 7NE IAND UEYELOPMENf COOE IIMO arte rux ~rrnmu The SL Lucie C~oMr Bwb W Wonry Gommipioners O~PO~es fo coiMa.r 1M ~aoo9o. oi lp IMo~Aw b n:olWoc RESOLU110N N0. A4i11 A PESOLUIIOMOFTNEEWRDOFCOUIffPCOlMI8310MERY OF S1. IUCH COIMTY OENYp16 A WAIY91 FROM &EC110M T.OS.O/PP OF 7XE LAM~ UEVE~UPMENf CODE AXU DENI'M6 A MIMOR SfIE PIAM FOR'NORSESHDE 6ROVE' YI iHE ~G3 pCR~IIlTIR1E - tOUh ~CI1ES) 7AMIM6 OISiRICf SIN~7E M ST. LUCIE CWN1Y, R~RNA ~rruc~xr. e~m uc fllF MIIMBER: NNSP 120871270 LE61LL OESCRIRION: THAT PoNTION OFTHE FASf DNE-HAIF OF THE FAS~ ONE-HRLF OF THE SOUTH-FAST ONE-0UMiEN OF SECTION 1, TOWNSHIP $ SOIffH, NRNGE 39 FAST, Sf. LUCIE COUNIV, RORIUq LYIN6 SOUf I¢NLY RNO WEST@LLY OF THE SUNSHII& STATE PMKWAY, 1f55 HIGM#WAY fOfl FfA ROAD AND WUL RIGHT-0FWAY. TOGETI~1 Mlllit TIMT PMT OF TI¢ WESf ONFFWLf OF THE FAtt ONNULF OFllff SOM1FASf ONEOURRiEA OF SECf10M I.101Y115HIP 35 SOUfH, flANGF 99 EASf, LYIN6 SOUTHERLY OF T!~ W6HT-OFWAY OF F.~A FlWNfl6E ROW AND LYM16 NIO B~N6 IN 5T. WqE CAUMY, ROflIW4 LE55 THE SOUTFI 100 F&T THEREOF. NIO RLSO LE55 AND IXCEFIING 1}FREFIOM TFIE FOLLOWIN6 OESCIIIBED PAIiCEL OF UNO: ' COMIAENCE AT THE SOUTHFAST COHN9i OF THE NOHTHW6T ~URflTEROFTHE50111HFASTONE-0Upq7EqOF5ECTI0Nt,TONMSHIP 35 SOUtH, MN6E 39 fAST, SL IUCIE COUNIY, RORI~q THFNCE NUN NOpTH, ALON6THE FAST LINE OFSRN NONTHWFST WMTEII OFTHE SOUi11fA57 UWfiTER R DISTRNCE OF /9210 FffT 1D THE P0111T DF ~ BEG&lIUN6: THENCE CONfINUE NOHTH, A ~ISTRNCE OF 6725(I f&T ; TO THE SOUTHMIESIERLY N6Hi-0FWAYLINE OFF.~A ROW; T!¢NCE RUN SOUTHFASTEPLY, ALONG SVD PIGHT-0FWRY LINE, A DISTAICE ' OF 311.75 FFEf; THEN(~ HUN SOUTHWESfEfiLY /A3.03 FgT. 7D THE ~ POINT OF BEGpINING. 0.5 CONVEYm IN U.0. 8001( 397, PA6E 718. . I PUBLIC PECOR~S OF ST. LLICIE LDIIMY, FLOIUDA j I~LL 1F551J7D IXCEPfING THE PoLLOWING ~ESCHIBED PARCE~ ~ R PORTION OF 7F& FAST HALF OF 7HE SOUTHEAST ONE-0WRTER OF ( SCCTION T0IYNSMP35 SOUfH RApGE 39 HST, ST. LUGE COUNtt, ~ RORIDti BEJNG MOItE PNITICUURLV DESCRIBEO /S WLLOWS; COMMfNCNlG AT 7F~ SOM1ERSf COflNEN OF SIJO SECiION l, THETICE NONTH 89 ~EGflff553'25' WEST, ALONG THE SOUiX L1NE OF THE SOUiHFA$T WARfEN OF SAID SECiION A OISTMICE OF /0.00 FEET;IHENCE NORTH W DEGflEES Ot'OY' FAST. RLANG R LJNE /O FfE'f WESf OF IIND PAIULLFL W(IFI THE FASf Lllff OF SIU~ SEC110N A DISTANCE OF 100.00 ifET TO THE POIM ~ BEGIl611N6; THENCE NOH1H 89 UE6REES 53'25' WESj RLONG A LINE 100.00 FEEf NONTH RND PAflALLEI WITH SRI~ SOUfFI LINE, A DISfRNCE OF W9.19 FEEh 7HENCE NOHfH Ot DEGHEFS 53'S6' WEST, R DISTANCE OF 37317 FEEh 7HENCE NONTH ~ DE6HEF51391' EAST, A~ISTANCE OFfi61.06 Ffff: THENCE SOIfIH 00 DEGRffS O6'02' WESL ALONG A L1NE /0.00 FfET WEST OF AN~ PARRLLEL WRH SND EAST LINE, A DISTRNCE OF 35210 FEE'f TO THE PDIM OF BEGINNIN6. ~ SWD UND SI1UAlE IN ST. LUCIE COUNfY, ROWDA MID CONIAW /A.614 ACRES, MORE OH 1E55. LOG110N: ~knOIM wesbm honhpe ot FFA flwd ~pprmonWly 3000 ~ het noM of Oimpe Awnue I PURPOSE W~Nerhom Prvinp Nepuireme~ 7M Not Residendil Suhd'moon-h6nor Sile Plm ~ a ~ ~..w. ~ { ~ ~ .5 .~-r ~ _ ~ p~ I : € ~ ~ I~ ~ I # ~ I The PUBLIC HfMNiG on tNs ihm wa be Mk n the Commission CAmiGers, PapnPONruMnz, 3N Roar, SL LucieCamryAdimdw+lion Bu~'eq, 23W Yrc9inie Avenue. Fart Reice. Roritle on ientlq, AhreA iN, 21M hequnMp rt B:BO P.M. or e soon ihemMr u pms6k. A1 inMahC Permns Mi he pi~m ai uPPOMniN to be hevrtl. W~ten commmh ~ in ~tlwnce ol tlie Dubkc hunn0 wd +Iw he wmiExM. WMIm mmmeMS m the Bwrd ol Cwnlf' Canmissiarzrs ~ ahoWd 6e raeireA 6y tlie GroxTh Mam9emmt DepMmenl' pyminp ~ Divlsbn 7t hut 9 tlrys Dnor in tlie scleMAed IeaMq. The pNOOn fle i Ls ~r~ble for mMew rt Ih GmxM M~napsnmt Depvhnmt olfcm IootM n Z1~O Y~ryinh Mienn. 2ntl Roa, Fart Pierte. Rwim, Eurinq , reqiAr Misimsa Murt. Plarc aA 7/1//fi2-28t2 arTDD 777J/62-1426 - A n you Iwe ury Vues4ons or rtquirt ~ddMiorol Mlamufion. TM1e SL Lucie Caumy Bmb M Coumy Commiuioners lus IM power to reuiew aM 9nnl m/ aPDfxations wAhn tlbir uea of mpomibily. . The pu~inps of Ihe BaN M Coumy Commmiomrs ee Neclronk~ly rtarAed. PIlREUAIff 10 S~etlon 2M.0105~ FlmW BhNln~ II ~ I person aeaaes ro wo~d am eeason m~de ny me 6mra o~ Coumy I Commn~ianers wilh rospal to mY mNar mnsiUend rt~ meefin? or harinq, he w she wA mM a n~ord ol Me prouedmpc. Por sueA I~ Durpoae, he or ahe mry nnd ta enauro tlnt a ~eiWGm ixoN ot Ihe poee~nps is mde, W~ch ~oN induAec tlie tadnary uiA midence j upon Miirl~ tlie zGP~ isto he butl. UDon Me rt0uep M vry pmyto tk pmcxdinp. ndrviEUYs halilyuip dunnp s heu¢q w~ he swom in. Ny ' WM' N ih D~~mO wil be Onnhd m WWM1UM' a uou~omine nly ilMrvidW mshh~inp Aunlq a heileq upGl reQuesl tl il beCOmes nxesx+7, a W6k he~nq mN be caNnued f~om hne m fime u mry be n~euary m ~ Eaie-un~in. i Myone with ~ AiydNry ~puirinp accommodation to attentl this meetlnp s~ou10 wmact the SL Lucie Courily Community I Services Direetor at least torryeqM (48) hours prior to ihe ! m~mo ~ nvasz-im orr.o.o. nvasz-~aza , BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ PAULA A. LEWIS, CHAIH ' PUBLISH DATE: FEBHUARY 20, 2009 ~ Agenda Request Item Number VII-C Meeting Date: 03/03/2009 S. ~ Consent [ ] ~ . ~ . Regular [ ] Public Hearing [ X ] Leg. [ ] Quasi-JD [ ) To: Board of County Commissioners sented By Submitted B: Growth Mana ement De artment Y 9 P Ma Satterlee, IC Growth Management Director SUBJECT: The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008 is attached. BACKGROUND: The St. Lucie County Growth Management Department is recommending a continuance to the April 6, 2009 public hearing for the petition of St. Lucie Business Park Storage for the purpose of allowing enough time to resolve the Master Drainage Plan and the maintenance of the existing drainage swale facilities. Staff is recommending the swale be cleaned out prior to this Item being presented to the BOCC. The petitioner is proposing a 6-story, 104,369 square feet, self-storage building with a footprint of 17,796 square feet. 1. On December 14, 1988, Resolution No.88-365 granted the St. Lucie Business Park PNRD Zoning District. 2. On November 17, 1989, a replat was approved for 13 lots, including Lot #1. 3. On February 6, 1990, Resolution No. 90- 27 granted a site plan for Lots #1- #4 and #11-#13. The 1990 site plan depicted 4 buildings constructed on Lots 1-4 and Lots 11-13, totaling 102,162 square feet. The 1990 site plan approved a total of 102,162 square feet and showed a one- story, 26,670 square foot warehouse shown as "Building 2" to be built on Lots #1 &#2. That structure was never erected. Moreover, a 10,000 square foot building was constructed on Lot #2 in 2000, by Noland Properties, Inc. Therefore, the proposed building size is not in substantial conformity with the existing site plan and would exceed the floor area by 77,699 square feet. Pursuant to Land Development Code Section 11.02.05.F.2, the petitioner is required to request a New Preliminary/Final PNRD Site Plan. FUNDS AVAILABLE: N/A Form No. 07-07 PREVIOUS ACTION: On December 14, 1988, through Resolution No. 88-365 this Board granted a change in zoning to PNRD. On November 17, 1989 this Board approved a replat. On February 6, 1990 through Resolution No. 90-27 this Board approved the site plan for Lots #1- #4 and Lots #11-#13. On January 15, 2009, The Planning & Zoning Commission by a vote of 9 to 0 recommended adoption of the Draft Resolution No. 09-008 with four added conditions. On February 17, 2009 this Board continued the Item to March 3, 2009 to altow time for the applicant to resolve the landscape requirements on the western property line. RECOMMENDATION: Staff is requesting that this petition be continued to April 6, 2009, at 6:00 PM or as soon thereafter. COMMISSION ACTION: CONCURRENCE: ~ APPROVED DENIED Approved 5-0 ? OTHER ; ~ Faye W. Outlaw, MPA County Administrator Coordination/ Sign tures ~ County Attorney E.R.D.: t County Surveyor: Daniel S. Mcln re Je~~s~,n~ y~ Ron Harris County Engineer: Other: ~ Other: Michael Powley Form No. 07-07 County Commission Review: 03/03/09 - - ~~~r~ File Number: PNRD-06-008 • ~ ~ ~ ~ MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners THROUGH: Mark Sat~c~~C~,Growth Management Director FROM: Kristin Tetsworth, Planning Manag DATE: February 20, 2009 SUBJECT: The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non-Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. This Item was originally scheduled for the February 17, 2009, public hearing at which time Ms. Noreen Dreyer, on behalf of the developer, requested that this petition be continued to the March 3, 2009 public hearing to address the landscape concerns of the adjacent property owners. However, the applicant has still not resolved all of the issues regarding the questions raised on the Master Drainage Plan for the St. Lucie Business Park as a whole. Staff is not ready to move this Agenda Request forward, until the drainage swale is cleaned out, because this is an existing code violation. This is a Code Enforcement issue on an existing property, which needs to be cleared up prior to going before the BOCC. Approving additional development with additional impacts wilt negatively impact the capacity. It is the responsibility of the CDD to properly maintain the existing drainage facilities which were approved as an integral part of the original PNRD approval for the overall Business Park. Please refer to the attached emails verifying that the applicant was put on notice regarding this issue. The St. Lucie County Growth Management Department is recommending a continuance to the April 6, 2009 public hearing for the petition of St. Lucie Business Park Storage for the purpose of allowing enough time to resolve the Master Drainage Plan and the maintenance of the existing drainage swale facilities. Please contact this office if you have any questions on this matter. SUBMITTED: ~ ! ~ Mark Satterlee, AICP Growth Management Director Attachment KT/lap cc: Norman Schulman, St. Lucie Self Storage, LLC Randy Rogers, Friscia Engineering Ron Harris, St. Lucie County Surveyor Michael Powley, St. Lucie County Engineer Christopher Lestrange, Code Compliance Manager Amy Mott, Supervisor Environmental Resources Department File Kristin Tetsworth From: Kristin Tetsworth Sent: Friday, February 20, 2009 9:27 AM To: 'Dreyer, Noreen' Cc: Mike Halter; Christopher Lestrange; Mark Satteriee; Robin Meyer Subject: RE: St. Lucie Business Park Storage Ms. Dreyer, Based on the information I received this morning from Mike Halter, we will be requesting another continuance for this item until the drainage swale is cleaned out. Worst case: SFWMD could get involved and the St Lucie Business Park would be heavily fined at $10,000 a day. St. Lucie County Code Enforcement will get involved to get the canal cleaned out because it is tfie re5p~7~sibilf~S't°"'~~' Lucie Business Park to maintain that drainage swale which is critical to the efficiency of the overall Master Drainage Plan. We do not want to agree to move this Agenda Request forward, allowing the drainage swale to be cleaned out as a "Condition of Approval" because this is an existing code violation. This is a Code Enforcement issue on an existing property. Approving additional development with additional impacts will negatively impact the capacity. It is the responsibility of the CDD to properly maintain the existing drainage facilities. Therefore, we will be requesting a continuance on March 3, 2009 to be heard on April 6, 2009. ICri.stiv~, retswortl~ 'PI.Giv~,tn,l,tn.g MGiv~GGJCv St. Luci.C Couwtl~ crrOwth MGiwAgevu.ev~.t 2300 Vi,rG~i.v~,i,Gi ~FVBwuC ~t. ~i,erce, ~I.ori,da 34J°82 ~~2.4 ~2. 6-455 From: Dreyer, Noreen [mailto:Noreen.Dreyer@ruden.com] Sent: Monday, February 09, 2009 2:30 PM To: Chris Dzadovsky Cc: Kristin Tetsworth Subject: FW: St. Lucie Business Park Storage - Commissioner Dzadovsky Resending with only the drainage aerial attached. IRS Circular 230 Disclosure: Please note that the views expressed herein or in any attachments hereto are not intended to constitute a"reliance opinion" under applicable Treasury Regulations, and accordingly are not intended or written to be used, and may not be used or relied upon, for the purpose of (i) avoiding tax-related penalties that may be imposed by the Internal Revenue Service, or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein. i Noreen S. Dreyer • Attorney ~ 145 N.W. Central Park Plaza ` Suite 200 ~ Port St. Lucie, FL 34986 ` Direct 772-873-5910 ~ Fax 772-873-3110 ~ Noreen.DreyerQruden.com ~ www.ruden.com NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be. legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy; copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender. From: Dreyer, Noreen Sent: Monday, February 09, 2009 z:02 PM To: Commissioner Chris Dzadovsky Cc: Kristen Tetsworth; Randy Rodgers (frisciaeng-randy@comcast.net); NSchulman@sentry-selfstorage.com; Pspirk@styriallc.com Subject: St. Lucie Business Park Storage - Commissioner Dzadovsky Commissioner Dzadovsky, Pursuant to a request from Kristen Tetsworth, please see the below response from Randy Rodgers, the project engineer, to your questions regarding the drainage and the entry road for St. Lucie Business Park Storage. If you have further questions, please do not hesitate to contact me or Randy. Thank you. Noreen From: Randy Rodgers [mailto:frisciaeng-randy@comcast.net] _Y+~ .~T~ Sent: Friday, February 06, 2009 5:53 PM 2 To: Dreyer, Noreen Subject: Re: St. Lucie Business Park Storage - Commissioner Dzadovsky Noreen, The drainage is part of a master stormwater drainage that includes the entire St. Lucie Business Park subdivision. The master drainage system is comprised of a series of swales, inlets, culverts, and a wet detention area (a lake). The master drainage system addresses all water quality pre-treatment issues by using the swa.les in conjunction with the lake to provide the required pretreament and the water quantity is provided by the lake for flood control and storage volume prior to a controlled discharge into the North Fork of the St. Lucie River. Each individual lot within the Business Park is required to convey all stormwater to the the master drainage system (i.e. - not discharge to a location outside of the subdivision) by means of swales that direct the stormwater into the inlets, culverts, and finally the lake. There is a minimum berm elevation that surrounds the Business Park to ensure that all stormwater is contained within the subdivision and is not discharged offsite prior to being routed through the master drainage system. The project will require a Permit Modification to the existing South Florida Water Management District Permit. I have attached an aerial of the Business Park with arrows that show the drainage patterns within the park, as well as the route that the stormwater takes to get to the St. Lucie River. Keep in mind that the outfall route is permitted by SFWMD and has ben in place since the park was contructed. The entry road, Business Park Drive, was dedicated to St. Lucie County on the plat of this subdivision. According to the plat, Business Park Drive is the maintenance responsibility of St. Lucie County. Please see dedication No. 2. A copy of the plat is attached for your use. If you have further questions, let me know. Randy 3 Agenda Request Item Number VII - C Meeting Date: 02/17/2009 ~ Consent [ ] ~ . ~ . Regular [ ] Public Hearing [ X ] Leg. [ ] Quasi-JD [ ] To: Board of County Commissioners _ e e By Submitted By: Growth Management Department V~.J, Mar Satterlee, P Growth Management Director SUBJECT: The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non - Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park. The project is located on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008 is attached. BACKGROUND: The St. Lucie County Growth Management Department received a letter on February 5, 2009 requesting a continuance for the petition of St. Lucie Business Park Storage until March 3, 2009. The petitioner is proposing a 6-story, 104,369 square feet, self-storage building with a footprint of 17,796 square feet. 1. On December 14, 1988, Resolution No.88-365 granted the St. Lucie Business Park PNRD Zoning District. 2. On November 17, 1989, a replat was approved for 13 lots, including Lot #1. 3. On February 6, 1990, Resolution No. 90- 27 granted a site plan for Lots #1- #4 and #11-#13. The 1990 site plan depicted 4 buildings constructed on Lots 1-4 and Lots 11-13, totaling 102,162 square feet. The 1990 site plan approved a total of 102,162 square feet and showed a one- story, 26,670 square foot warehouse shown as "Building 2" to be built on Lots #1 &#2. That structure was never erected. Moreover, a 10,000 square foot building was constructed on Lot #2 in 2000, by Noland Properties, Inc. Therefore, the proposed building size is not in substantial conformity with the existing site plan and would exceed the floor area by 77,699 square feet. Pursuant to Land Development Code Section 11.02.05.F.2, the petitioner is required to request a New Preliminary/Final PNRD Site Plan. FUNDS AVAILABLE: N/A Form No. 07-07 PREVIOUS ACTION: On December 14, 1988, through Resolution No. 88-365 this Board granted a change in zoning to PNRD. On November 17, 1989 this Board approved a repiat. On February 6, 1990 through Resolution No. 90-27 this Board approved the site plan for Lots #1- #4 and Lots #11-#13. On January 15, 2009, The Planning & Zoning Commission by a vote of 9 to 0 recommended adoption of the Draft Resolution No. 09-008 with four added conditions. RECOMMENDATION: Staff is requesting that this petition be continued to March 3, 2009, at 6:00 PM or soon thereafter. COMMISSION ACTION: CONCURRENCE: ~ APPROVED DENIED ~ OTHER Faye W. Outlaw, MPA County Administrator Coordination/ Sig atures Countv Attornev "R ~ E.R.D.: County Surveyor: ic. Daniel S. Mclntyre Ron Harris Countv Enqineer: f~IV Other: Other: Michael Powley Form No. 07-07 ~ County Commission Review: 02/17l09 - File Number: PNRD-06-008 ~ ~ ~ ~ ~ MEMORANDUM GROWTH MANAGEMENT DEPARTMENT TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management Director~' FROM: Kristin Tetsworth, Planning Manager DATE: February 5, 2009 SUBJECT: The continuation of the petition of St. Lucie Self Storage, LLC for Preliminary/Final PNRD (Planned Non-Residential Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. ~taff has received a letter, dated February 5, 2009, from Ms. Noreen Dryer on behalf of the developer requesting that this petition be continued to the March 3, 2009 public hearing at 6:00 PM or soon thereafter. The purpose of the continuance is to allow for time to address a new request from the neighboring property owner for revisions to the landscape plan. Please contact this office if you have any questions on this matter. SUBMITTED: ~ ~ ~ Mark Satt lee, AICP Growth Management Director Attachment KT/lap cc: Norman Schulman, St. Lucie Self Storage, LLC Randy Rogers, Friscia Engineering Ron Harris, St. Lucie County Surveyor Michael Powley, St. Lucie County Engineer Christopher Lestrange, Code Compliance Manager Amy Mott, Supervisor Environmental Resources Department File 145 NW CENTRAI PARK PLAZA den SUITE 200 RU PORT ST. ~UCIE, FLORIDA 34986 I O^ ~ (772) 873-5910 1 MC~ ~ FAX: (772) 873-3110 J 1 NOREEN.DREYER@RUDEN.COM February 5, 2009 Via E-Mail Only Mr. Mark Satterlee, Director St. Lucie County Growth Management 2300 Virgi.nia Avenue Fort Pierce, FL 34982 Re: St. Lucie Business Park Storage Dear Mr. Satterlee: I understand that the above-referenced matter is currently scheduled for consideration by the Board of County Commissioners at their meeting of February 17, 2009. On behalf of the applicant, I respectfully request a continuance of this hearing to the March 3, 2009 meeting. We are requesting this continuance so that we can address a recent request from our neighboring property owner for some revision to the landscape plans. Thank you very much for your continued assistance. Sincerely, ~ ri - Noreen S. Dreyer NSD/pw cc: (Via E-Mail) Robin Meyer, Assistant Growth Management Director Norman Schulman, St. Lucie Self Storage, LLC Peter Spirk, St. Lucie Self Storage, LLC Randy Rodgers, P.E, Friscia Engineering PSL:48395:1 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. 8f1f1 Q1Tf1N ~!'APAfGC ~ FT 1611f1FRfl>IF • MIAMI ~ NAVIFG ~ f1R11Nllll • VhRTCT IIIfIF • cea~cnta ~ CT V[TGRGRIIY!' • Tsi~eHSCCCC ~ TAMDd • WLGT VAIM0.FGl'H Board of County Commissioners GROWTH MANAGEMENT DEPARTMENT ~ Planning Division • . , ~ ~ MEMORANDUM PRELIMINARY/FINAL PNRD 06-008 1 2 TO: Board o nty Com ' sioners 3 ~ 4 THROUGH: Mark Sa ICP, r M ~ ir 'ctor 5 Kristin Tetsworth, Current Planning Manage~„~ 6 ~~y~. 7 FROM: Larry Szynkowski, AICP, Senior Planner 8 9 DATE: January 26, 2009 10 11 SUBJECT: Petition of St. Lucie Self Storage, LLC for a New Preliminary/Final PNRD 12 (Planned Non- Residential Development) Site Plan approval for the project to be 13 known as St. Lucie Business Park Storage PNRD 14 15 LOCATION: Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west of US - 16 Highway #1 and across US - Highway #1 from Mediterranean Avenue South 17 in the PNRD (Planned Non-Residential Development) Zoning District. 18 19 ZONING DISTRICT: PNRD (Planned Non-Residential Development) 20 21 FUTURE LAND USE: IND (Industrial) 22 23 PARCEL SIZE: 1.42 acres 24 25 EXISTING SITE PLAN: The existing Final Site Plan, approved on February 6, 1990, includes a 26 26,670 square-foot, one-story building on Lots #1 and #2 of the St. 27 Lucie Business Park PNRD. The applicant is proposing a new 28 Preliminary/Final PNRD to increase the floor area of the building by 29 87,699 square feet and increase the height of the building to a six-story 30 structure. 31 32 PROPOSED USE: The applicant is proposing a six-story, 104,369 square-foot, self-storage 33 building with one office, and 19,206 square feet of pavement consisting 34 of the following: 35 36 ? The 1 St floor is 16,864 square feet self-storage, plus 932 square 37 feet of office space; 38 ? Floors 2 through 5 consist of 17,796 square feet each of self- 39 storage; 40 ? The 6th floor is 15,389 square feet of self-storage ; and 41 ? A paved area with 27 parking spaces and a 36-foot by 55-foot 42 loading area for large vans. 1 FIRE/EMS STATION: Fire Station #12 (Waiton Road) is located approximately 2 miles to the 2 southeast of the site. 3 4 5 On January 15, 2009 the Planning and Zoning Commission held a public hearing on the petition 6 of St. Lucie Self Storage, LLC for a New Preliminary/Final PNRD (Planned Non- Residential 7 Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage 8 PNRD. The Commission discussed the eight (8) foot opaque fence to be located in the landscape 9 buffer along the west property tine and recommended the fence be changed to a masonry wall. 10 Also, the Commission wanted no lights in excess of the security lights on the exterior walls at a 11 maximum height of six (6) feet. In regard to their concern for flooding on Santa Clara Street to the 12 west, the petitioner's engineer stated that the stormwater drainage would flow to the east, not 13 west. The hours of operation were discussed and recommended at 6:00 a.m. to 10:00 p.m. sev.en 14 days per week. 15 16 The Commission voiced a concern on the effect of the six (6) story building on the neighbors in 17 the Spanish Lakes Riverfront Leaseholders Planned Unit Development. The floor area of the 6tn 18 story was reduced by 2,407 square feet in order to comply with the building height definition in 19 Section 2.00.00 of the St. Lucie County Land Development Code. The building would block the 20 sunshine considerably from two houses during the morning hours. 21 22 After a question by a commissioner about emergency communications, the petitioner stated that 23 masonry block post-tension flooring would allow two-way radio transmission through the building. 24 The Commission recommended the petitioner install an up to date irrigation system that adapted 25 to the water content of the ground and order the dumpster pick-up time amenable to the nearest 26 neighbors. Security of the building was discussed. The petitioner stated that customers would only 27 have access to a specific floor. Regarding the visual effect of the site, the Commission would not 28 want any boats, recreational vehicles, or trailers stored outside of the building. 29 30 The Commission recommended approval of the New Preliminary/Final St. Lucie Business Park 31 Storage PNRD ) Planned Non-Residential Development with four additional conditions: 32 33 1. Prior to approval by this Board of the Preliminary/Final Site Plan shall be modified to 34 note that there will be no outdoor storage of any kind. 35 36 2. Prior to approval by this Board of the Preliminary/Final Site Plan shall be modified to 37 note that there shall be no exterior lighting except for security light packs that shall be 38 placed no higher than six feet from grade on the building walls. 39 40 3. Prior to approval of the Preliminary/Final Site Plan and Landscape Plan shall be 41 modified to include an eight-foot masonry wall along the west property line with a ten 42 foot landscaping buffer having 60% of the landscaping outside of the wall and 40% of 43 the landscaping inside of the wall. The landscaping shall include the appropriate type 44 and size of hedges and trees with one tree for each thirty feet and a fraction thereof. 45 46 4. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m., seven days per 47 week. 48 49 50 51 St. Lucie Business Park Storage LLC New Preliminary/ Final PNRD Site Plan Page 2 of 3 PNRD 06-008 1 SUMMARY 2 3 Although the proposed project meets the PNRD height dimension according to the Code's 4 Building Height definition and the Dimensions Table 7-10 in Section 7.04.01, staff has a concern 5 about the effect of a six-story building adjacent to a residential Planned Unit Development even 6 with increased landscaping. Staff has obtained from the petitioner a commitment of twenty-one 7(21) additional sabal palm trees with heights from 18 feet to 22 feet in height for added buffering 8 on the west side of the building facing the residential area and strategically located, to provide a 9 visual buffer that will exceed code minimum. This is in addition to the required 10-foot buffer on 10 the west property line including ten dahoon holly trees, a hedge, and an 8-foot opaque wood 11 fence. 12 13 Concerns of the neighbors to the west in Spanish Lakes Riverfront Leasehold Estates should be 14 considered in addition to the property owners in St. Lucie Business Park. Staff has mailed notice 15 letters to property owners within 500 feet of the site. Any responses to these letters received will 16 be attached to this report. 17 18 RECOMMENDATION: 19 20 The Preliminary/Final St. Lucie Business Park Storage PNRD Site Plan, as proposed and 21 conditioned herein, is consistent with the goals and objectives of the St. Lucie County 22 Comprehensive Plan; is in conformance with the St. Lucie County Land Development Code, 23 Section 11.02.05.; and exceeds the Section 7.09.04.C. of that Code. Staff has reviewed this 24 petition for a New Preliminary/Final PNRD Site Plan. Although this proposed PNRD Site Plan 25 includes a six-story building that causes concerns, staff supports approval since it does meet 26 Code for building height and setbacks and exceeds the Code in additional landscape screening. 27 Staff has also considered that market trends have changed in the past 19 years and the more 28 recent enormity of foreclosures in the local housing market likely produced further demand for 29 storage facilities for household goods. 30 31 Based on the above findings, staff recommends that the Board of County Commissioners adopt Draft 32 Resolution No. 09-088 approving New Preliminary/Final PNRD (Planned Non- Residential 33 Development) Site Plan approval for the project to be known as St. Lucie Business Park Storage 34 PNRD (Planned Non- Residential Development) with eleven (11) limiting conditions. 35 36 Please let this office know if you have any questions on this matter. 37 38 39 SUBMITTED: 40 41 1~ 42 T 43 Kristin Tetsworth 44 Planning Manager 45 46 C Norman Schulman, St. Lucie Self Storage, LLC 47 Randy Rogers, Friscia Engineering 48 Ron Harris, St. Lucie County Surveyor 49 Michael Powley, St. Lucie County Engineer 50 Christopher Lestrange, Code Compliance Manager 51 Amy Moft, Supervisor Environmental Resources Department 52 File St. Lucie Business Park Storage LLC New Preliminary/ Final PNRD Site Plan Page 3 of 3 PNRD 06-008 1 RESOLUTION NO. 09-008 2 File Number: PNRD b6-008 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 5 LUCIE COUNTY GRANTING APPROVAL FOR A PRELIMINARY/ FINAL 6 PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) SITE PLAN FOR 7 THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK STORAGE 8 PLANNED NON-RESIDENTIAL DEVELOPMENT LOCATED IN THE PNRD 9 (PLANNED NON- RESIDENTIAL DEVELOPMENT) ZONING DISTRICT FOR l0 CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the 13 testimony and evidence, including but not limited to the staff report, has made the following 14 determinations: 15 16 1. St. Lucie Self Storaqe, LLC, presented a petition for a Preliminary/Final PNRD 17 (Planned Non-Residential Development) Site Plan approval for the project to be known 18 as St. Lucie Business Park Storage Planned Unit Development for property 19 located on Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west 20 of US -1 and across US-1 from Mediterranean Avenue in the PNRD (Planned Non- 21 Residential Development) Zoning District consisting of: 22 23 ~ o a six-story, 104,369 square-foot, self-storage building on a footprint of 17,796 24 square feet ; 25 0 19,206 square feet of paved area for 27 parking spaces and loading area; 26 0 2,780 square feet of existing paved driveway; and 27 0 22,067 square feet of open space and landscaping 28 o total impervious square footage of the project is 39,782 square feet. 29 30 2. The Development Review Committee has reviewed the site plan for the proposed 31 project and found it to meet all technical requirements and to be consistent with the 32 general purpose, goals, objectives and future land use maps of the St. Lucie County 33 Comprehensive Plan and the Code of Ordinances of St. Lucie County. 34 35 3. The proposed project is consistent with the standards of the St. Lucie County Land 36 Development Code for Planned Non-Residential Development Preliminary and Final 37 Site Plan. 38 39 4. The proposed project will not have an undue adverse effect on adjacent property, the 40 character of the neighborhood, traffic conditions, parking, utility facilities or other 41 matters affecting the public health, safety and general welfare. 42 43 5. All reasonable steps have been taken to minimize any adverse effect of the proposed 44 project on the immediate vicinity through building design, site design, landscaping and 45 screening. 46 Page 1 Resolution No. 09-008 February 17, 2009 File No. PNRD 06-008 1 6. The proposed project will be constructed, arranged and operated so as not to interfere 2 with the development and use of neighboring property, in accordance with applicable 3 district regulations. 4 7. The proposed project will have water and sanitary sewer service provided by Port St. 5 Lucie Utility Systems Department. 6 7 8. The applicant has applied for and received a certificate of capacity, a copy of which is 8 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County 9 Land Development Code. 10 11 12 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 13 County, Florida: 14 15 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the 16 Preliminary/Final PNRD (Planned Non-Residential Development) Site Plan to be 17 known as St. Lucie Business Park Storage Planned Unit Development, is hereby, 18 approved as shown on the site plan drawings for the project prepared by The Friscia 19 Engineering on September 21, 2005, last revised on January 26, 2009 and date 20 stamped received by the St. Lucie County Growth Management Department on 21 January 28, 2009, subject to the following conditions: 22 23 24 1. No development permits shall be issued until complete sets of sealed 25 constructible final engineering plans, supporting calculations and survey data 26 for the site work and offsite improvements are approved by the Office of the 27 County Engineer, Public Works Department, Utilities Department, Environmental 28 Resources Department, Growth Management Department, Fire Department, and 29 any other agency that may be determined by the Director of Growth Management 30 to be necessarily involved in the review and approval of the constructible final 31 engineering plans for the site work and offsite improvements. The determination 32 of whether or not plans submitted by the applicant constitute a complete set of 33 constructible plans shall be made by the departments involved in the plan review 34 within five business days of the date the plans are received in the Department of 35 Growth Management. 36 37 2. Prior to issuance of a vegetation removal permit for any portion of the St. Lucie 38 Business Park StoraQe site, the developers, their successors or assigns, shall 39 deliver to St. Lucie County Environmental Resources Department a total of 540.5 40 inches of native trees measuring a minimum of 2.5 inches in diameter each (i.e.; 41 216, 2.5" trees). 42 43 3. Prior to the issuance of a vegetation removal permit for the St. Lucie Business 44 Park Storaqe site, the developers, their successors or assigns, shall clearly 45 delineate all trees to be preserved and/or protected. Delineation shall be by 46 either the placing of silt fencing, safety fencing or similar type of materials. 47 Flagging shall not be used except to guide the installation of the fencing 48 materials. All land clearing activities shall be in accordance to the speci~c 49 conditions and standards outlined in the vegetation removal permit. Upon 50 instaltation, the Environmental Resource Division shall inspect the installed 51 fencing prior to issuance of the land-clearing permit. 52 Page 2 Resolution No. 09-008 February 17, 2009 File No. PNRD 06-008 1 4. Prior to the issuance of a Certificate of Completion, the developers, their 2 successors or assigns, shall be required to provide all side perimeter buffer 3 areas between non-residential and single family or two family residential uses. 4 The buffer areas shall be landscaped with a masonry wall of at least eight (8) 5 feet in height that forms a continuous screen between the uses. All masonry 6 walls shall be landscaped with a continuous hedge along both the inside and 7 outside base of the wall or fence. One tree shall be planted along the wall or $ fence for each thirty (30) linear feet or major fraction thereof of the length of the 9 wall or fence. Tree plantings shall be alternated so that at least 60% of the 10 required number of trees is located on the outside of the wall or fence. The 11 remaining 40% of the required perimeter tree plantings shall be located on the 12 inside face of the wall or fence. 13 14 5. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant 15 shall execute an improvement agreement for all required landscaping and tree 16 mitigation, including on-site and off-site preservation and/or relocation. 17 18 6. Prior to the issuance of a Certificate of Completion, the developers, their 19 successors or assigns, shall construct a 5-foot wide sidewalk along the 20 development frontage on Business Park Drive in accordance with Section 21 7.05.04. 22 23 7. Prior to the issuance of a Certi~cate of Completion the developers, their 24 successors or assigns, shall be required to have a traffic signal warrant study 25 conducted at the intersection of Business Park Drive and South US-1. If a signal 26 is warranted by that study, the developers, their successors or assigns, shall 27 design and install the traffic signal. 28 29 8. The Preliminary/Final Site Plan shall be modified to note that there will be no 30 outdoor storage of any kind. 31 32 9. The Preliminary/Final Site Plan shall be modified to note that there shall be no 33 exterior lighting except for security light packs that shall be placed no higher 34 than six feet from grade on the building walls. 35 36 10. The Preliminary/Final Site Plan and Landscape Plan shall be modified to include 3'7 an eight-foot masonry wall along the west property line with a ten foot 38 landscaping buffer having 60% of the landscaping outside of the wall and 40% of 39 the landscaping inside of the wall. The landscaping shall include the appropriate 40 type and size of hedges and trees with one tree for each thirty feet and a fraction 41 thereof. 42 43 11. Hours of operation of the self storage building shall be limited to between 6:00 44 a.m. and 10:00 p.m., seven days per week. 45 46 47 B. The property on which this Major Site Plan approval is being granted is described 48 as follows: 49 50 LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE 51 PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGES 9 AND 9A, PUBLIC RECORDS 52 OF ST. LUCIE COUNTY. 53 54 SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, Page 3 Resolution No. 09-008 February 17, 2009 File No. PNRD 06-008 1 2 PARCEL CONTROL NUMBER: 3426-702-0002-000/6 3 4 CONTAtNING 1.42 ACRES 5 6 LOCATION: The west side of Business Park Drive, 610 feet west of US Highway #1 7 and across US Highway #1 from Mediterranean Avenue South 8 9 C. Preliminary/Final PNRD (Planned Non-Residential Development) Site Plan approval 10 granted under this Resolution is specifically conditioned to the requirement that the 11 petitioner, St. Lucie Self Storaae, LLC, including any successors in interest, shall 12 obtain all necessary development permits and construction authorizations from the 13 appropriate State and Federal regulatory authorities, including but not limited to; the 14 United Stated Army Corp of Engineers, the Florida Department of Environmental 15 Protection, and the South Florida Water Management District, prior to the issuance of 16 any local building permits or authorizations to commence development activities on the 17 property described in Part B. 18 19 D. A Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit A, 20 was granted by the Director of Growth Management on January 27, 2009, which 21 certificate shall remain valid for the period of Site Plan approval or any extension 22 granted thereto. If this order expires or otherwise terminates, the Certificate of 23 Capacity shall automatically terminate. 24 25 E. The St. Lucie County Director of Growth Management is hereby authorized and 26 directed to cause the notation of this resolution to be made on the Official Zoning Map 27 of St. Lucie County. Florida, and to make notation of reference to the date of adoption 28 of this resolution. 29 30 F. The Director of Growth Management shall coordinate the issuance of further site 31 Development Permits. No final site construction authorizations or site Development 32 Permits shall be issued until all requirements for such permits are met. 33 34 G. This resolution shall be recorded in the Public Records of St. Lucie County. The 35 recording of this resolution tioes not authorize commencement of any on-site 36 development activities without obtaining such further development permits as may be 37 required. All applicable conditions of approval as set forth above, and applicable code 38 requirements must be met to the satisfaction of the County before final site 39 construction permits are issued. 40 41 H. A copy of this Order shall be attached to the site plan drawings described in Part A, 42 which shall be placed on file with the St. Lucie County Growth Management Director 43 and mailed, return receipt requested to the developer and agent of record as identified 44 on the site plan application. 45 46 I. The conditions set forth in Part A are an integral nonseverable part of the Preliminary/ 47 Final PNRD (Planned Non-Residential Development) Site Plan. If any condition set 48 forth in Section A is determined to be invalid or unenforceable for any reason and the 49 developer declines to comply voluntarily with that condition, the site plan approval 50 granted by this resolution shall become null and void. Page 4 Resolution No. 09-008 February 17, 2009 File No. PNRD 06-008 1 2 J. The approvals and authorizations granted by this Resolution for the purpose of 3 obtaining building permits on this property, shall expire on February 17, 2011, unless 4 an extension has been granted in accordance with Section 11.02.06(B)(3), St. Lucie 5 County Land Development Code. 6 7 K. The effective date of this resolution shall be the date of adoption contained herein. 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 After motion and second, the vote on this resolution was as follows: 49 Page 5 Resolution No. 09-008 February 17, 2009 File No. PNRD 06-008 1 2 Chair Paula Lewis XXX 3 4 Vice-Chair Charles Grande XXX 5 6 Commissioner poug Coward XXX 7 8 CommissionerChris Craft XXX 9 10 Commissioner Chris Dzadovsky XXX 11 12 13 14 15 PASSED AND DULY ADOPTED this 17th day of February 2009 16 17 18 19 BOARD OF COUNTY COMMISSIONERS 20 ST. LUCIE COUNTY, FLORIDA 21 22 23 24 25 BY 26 Chairman 27 28 . 29 30 31 32 33 34 35 ATTEST APPROVED AS TO FORM 36 AND CORRECTNESS 37 38 39 40 41 42 Deputy Clerk County Attorney 43 44 45 46 is 4S G:\PROJECT FILES\St. Lucie Business Park Storage 49 50 51 Page 6 Resolution No. 09-008 February 17, 2009 File No. PNRD 06-008 1 2 3 4 5 6 7 8 9 10 11 Exhibit A 12 13 • Certificate of Capacity 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Page 7 Resolution No. 09-008 February 17, 2009 File No. PNRD 06-008 St Lucie County Certificate of Capacity Date 12/17/2009 Certificate No. 2795 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 Prelimin & Final PNRD Number of units 0 Number of square feet 104,369 2. Property legal description 8~ Tax ID no. 342670200020006 On Business Park Drive 610 feet w/of US Hwy 1 St Lucie Business Pazk Storage St Lucie Business Park 3. Approval: Buildinq Resolution No. 09-008 Letter 4. Subject to the following conditions for concurrency: Owner's name Ronald Schuman Address 12375W Sample Rd Coral Springs FL 33065 6. Certificate Expiration Date 2/17/2011 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. Signed ~ ~ Date:2/2/2009 Growth Management Director St Lucie County, Florida Monday, February 02, 2009 Page 1 of 2 1 2 3 4 5 6 ~ Exhibit B s 9 • General Location Map lo • Subject Area Map 11 Page 8 Resolution No. 09-008 February 17, 2009 File No. PNRD 06-008 ~ 0 0 N (A~~ W ~ ~ W N ~0 / q ~ C~ O z v~ ~ ~ a E ~ ~ ~ , ~ ov, ~ ~ o ~ m ~ O 3 ~ ~ ~ o ~ V ~ ~ I a J a a ~`eec i ~ ~ m ~ ~ pt~~~° I ~ % ~ "°f upP " N `as ~ o. B~ ~ ~ R~~ o ~ ~ ~~~?s~ fA a , Y ~ I 4 ~ ~~w e s i ~ n 3 ~et ~9~ } a ~~`"'qy .e a~ R, ~ 9O 3 ~ ~ cwwv 1P . ~ ~'~s m ~ ~ ~tMS~.i. < m 5~ a 41SLN ~ SV7 ms PN8 aaN a < ~ • ~ ~'1l~ ~ ~s o rc p s > ~oi. ~ " E 0'~ m i Dil ~ 3 ~ I ' ~ ~ ~ i°y R,M~ w'~ DN6 a~~'I!5 Yod I , ; ' ~ « M aaN Ga suiluM' ouu 3 m m ai~yr~ ~ PN ~t0i ~ MI 1 3 ~ ~ '~N ~IN Aw~M a6uiN x~r.~ GN6 u~oRl ~ m ~ ON +IOUw~S ~ wuo M ~ c ~ L ~ antl uouaw3 6 rc b j p uolsuyor e 4j~ 0~a ~ I O 9 J d~ G~c a ~ I VL uolsuytt g ~ '°~.J Q~° py,'tlY ~c Y V O ; i P1! 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O~ c'7 N M M M'ct (O ~ O O O O O O O O O O O O O O O ~ O ~ O O ~ O O ~ O~ O O O O ~ 1~ ~ O M~~~ N N O 00 ~ O O ~ O O O a0 ~ 00 a0 O a0 O O~ O O Q r O ~ ~ O ~ O ~ O O ~ ~ O ~ ~ N ~ N ~ N ~ O O O O O O O O O r- ~ N ll) tf) 1~ ~ I~ ~ t~ ~ t~~l 'ct 1~ ~ C~~O ~ CO V CO h ~ N N ~ N r N N ~ ~ tt ~ ~ ~7 ~ sP ~ ~Y ~ ~ a M M M Q M M M C7 M M M ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA FEBRUARY 17, 2009 NOTICE OF PROPOSED PRELIMINARY/ FINAL PNRD SITE PLAN The St. Lucie Counry Board of Counry Commissioners proposes to consider the adoption ot the following by reso~ution: HESOLUTION N0. D9-008 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING APPROVAL FOR A NEW PREIIMINARY/ FINAL PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENn SRE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK S70RAGE PLANNED NON-RESIDENTIAL DEVELOPMENT LOCATED IN THE PNRD (PLANNED NON- RESIDENTIAL DEVELOPMEN~ ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUGIE COUNTY, FLORIDA. APPLICANT: SC Lucie Self Storage, LLC FlLE NUMBER: PNHD O6-0OB LEGAL DESCRIPTION: LOT t, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUGE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES PARCEL CONTHO~ NUMBER: 342670200020006 LOCATION: Lot /1 St. Lucie Business Park on Business Park Drive, 610 feet West of US Hghway 1 and across US Highway 1 trom Meditenanean Avenue South. PURPOSE: The petitioner is p~oposing a 6-story,104,369 square foot, sdf-storage building, which is a mod'Rication to the existing site plan approval Nat allows for a 26,670 ~ w w ~ ` \ ~ 'a~; : : i'a e : . ` ' , ~ ' i,.. j ~ ~ Re , . , i i r` 'i` ' square foot one-story building and a shared driveway. The PUBLIC HEARING on this item will be held in the Commission Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie Counry Adminishation Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tueaday. Fehrusrv 17. 2QlIfl beginning at 6:00 P.M. or as soon ihereafter as possible. All inte~esled persons will be given an opportunity to be heard. Written comments received in advance of the public hea~ing will also be considered. Written comments to the Board of County Commissioners should be received by the Growth Management Department - Planning Division at least 3 days prior to the scheduled hearing. The petition file is available 1or review at the Growth Management Department offices Iocated at 2300 Virginia Avenue, 2n° Fbor, Fort Pierce, Florida, during regular business hours. Please call 772/462-2822 or TDD 7721462-1428 il you have any questions or requi~e additional information. Tha St. Lucie Counry Board ot County Commissioners has the power to review and giant any applications within their area of responsibifiry. The proceedings of the Board of Counry Commissioners are electronically recorded. PURSUANT TO Seetion 286.0105. Florida Statutes. if a person decides to appeal anydecision made by the Board of Counry Commissioners with respect to any matter considered at a meeting or hearing, he or she wili 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. My party to the proceeding wili be granted ~ an opportuniry to cross-examine any individual testltying during a hearing upon request. If it becomes necessary, a public hearing may be conNnued from time to time as may be necessary to a date-certain. Anyone with a disability requiring accommodation to ~ attend this meeting should contact tha St. Lucie Counry Communiry Services Director at least forty-eight (48) hours prior to the meeting at 772/462-1777 or T.D.D. 772/462-1428. BOARD OF COUNTY COMMISSIONENS ST. LUCIE CDUNTY, FLOflIDA !S/ PAULA A. LEWIS, CHAIH PUBLISH UATE ieONary 5, 2009 BOARD OF = - _ y _ GROWTH COUNTY MANAGEMENT COMMISSIONERS ~ • ~ ~ • January 30, 2009 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 St. Lucie Business Park Storage PNRD 06-008 in accordance with the St. Lucie County Land Development Code, you are hereby advised that St. Lucie Self Storage, LLC has petitioned St. Lucie County to grant approval for a New Preliminary/Final PNRD (Planned Non-Residential Development) site plan for the project known as St. Lucie Business Park Storage Planned Non-Residential Development located in the PNRD (Planned Non-Residential Development) Zoning District for the foliowing described property: Location: Lot#1 St. Lucie Business Park on Business Park Drive, 610 feet West of US Highway 1 and Across US Highway 1 from Mediterranean Avenue South. Legal Description: LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES PARCEL CONTROL NUMBER: 342670200020006 The public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Tuesday, February 17, 2009, 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 Board of County Commission, rather than by contact outside of the scheduled public hearing. 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 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 orT.D.D. (772)462-1428. tf you no longer own property adjacent to the above-described parcel, please forward this notice to the new owner. Please call (772) 462-2822 or at szkykowl@stlucieco.gov if you have any questions, and refer to project name and number listed above. CHRIS DZADOVSKY, District No. 1• DOUG COWARD, District No. 2• PAULA A. LEWIS, District No. 3 • CHARLES GRANDE, District No. 4. CHRIS CRAFT, DistrictNo. 5 County Administrator - Faye W. Outlaw, MPA Website: www.co.st-lucie.fl.us 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 ~nn~nrTU e~nAlA!_C~IICAIT DU(1AIC~ /7771 AR9_9R77 FAX' (7791 dR9_15R1 Wynne Building Corporation 8000 South US l, Suite 402 Port St. Lucie, FL, 34952 (772) 878-5513 September. 16, 2048 Ms. Noreen Dreyer Ruden McClosk,v 14~ NW Central Park Pla~a Suite 200 Port St. Lucie, FL ~4986 Reference: St. Lucie Business Park Starage Dear Ms. Dreyer: We ~ave reviewed the Sife Plan for the St. Lucie Bus.iness Park Stcrage Faci~ity and have sc,-ne conditians, wbich we feel will. enable this project to properiy harmonize wi.th our mobile home community. They are: 1. A cozx~prehensi~~e drainage plaz~ n.eeds to be designed and implemented, so as to prevent ai~y runoff from ente.ring our community. 2. Lighting needs to be shieldec~ from Spanisli Lakes Riverfront 3. Aciditional shielding and landseaping should be provided to more appropriately minimize the proposed dumpster ~acility's impact. 4. A prohibitian needs to be adopfecl and enforced, with appropriate sigmage, preventing stQrage of vehicles or boats in the parking areas. 5. A fence, with associated land~caping, needs to be erected on the western perimeter, sa as to visually obscure the facility from o~r residents. {Minimnrn height 6') Please provide us with more d~ta.iled pIans, illustrating your landscapin~; plans on. ihe west progerty perimeter. Regards~~ ~ _ ~ ~ - - Harvey AlNewman Vice President HAN: sm JAN 2 ~ 200~ 1 ~ ~ ~ I~ II~~I~ ~.NGNE_.E_.RI~JG 459 N.W. Prrtt~ Vista Blvd. ~ Port St, I_.ucie. FL 3qgg3 •(772) 3q~,,q990 • Fex (772) 34a7996 Emad: fried~t.net October 3, 2008 Ms. Noreen Dreyer Ruden McClosky 14S NW Central Park Plaza, Suite 200 Port St. Lucie, FL 34986 Re: St. Lucie Business Park Storage Wynne Building Corporation Comments Dear Ms. Dreyer: We received the letter that you forwarded to our office from the Wynne Building Corporation, the owner of the Spanish Lakes Mobile Home Community located to the west of the project, regarding their review of the project. The following responses conespond t~ the comments provided in the letter: l. All stormwater runoff will be directed away from the Spanish Lalces development. Stormwater will be collected and discharged into the St. Lucie Business Park drainage system. Road swales direct runoff to a lake at the south end of the St. Lucie Business Park, which discharges into a ditch that is connected to the North Fork of the St. Lucie River. No stormwater runoff will be directed offsite to the west of the project. 2. It is agreed, and also a requirement of the St. Lucie County Land Development Regulations, that all lighting adjacent to residential land uses shall be shielded to dircct light away from the residential uses. A note has been added to the site plan indicating this requirement. 3. The dumpster enclosure will be shielded from the residential uses to the west by the following barriers: - A continuous hedge rurming along the western property line comprised of ninety-five (95) Green Buttonwood plantings placed approximateIy 2' from the property line. These plantings will be 24" tall with an 18" spread at the time of planting. - Eight (8) Dahoon Holly trees located at 30' intervals running along the western property line placed approximately 3' from the property line. T'hese trees will be 12'-14' in height with a spread of 5' at the time of planting. - An 8' high opaque wood fence running the entire length of the ~~estem property line approximately 5' from the property line. - A continuous hedge running along ~the inside of the 8' high fence comprised of ninety-five (95) Green Buttonwood plantings. T'hese plantings will be 24" tall with an 18" spread at the time.of planting. , - A 17' wide grassed swale area. ~ D C~C~~~t~1~~ JAN 28 2009 ; OCT 0 6 2aoa Site Plans • Water ~ Wastewater System Design • Drainage Plans ~ Permitti ~.~uden McCloak~. - A continuous hedge around the dumpster enclosure comprised of seventeen (17) Japanese Yew plantings. These plantings ~vill be 24" tall w7th an 18" spread at the time of planting. - Onc (1) Live Oak tree that will be 12'-14' in height with a spread of 5' at the time of planting. - A six-foot hibh masonry dumpster enclosure surroiulding three sides of the dumpster with 6' high gates on the fourth side for the openina located on the east side of the dumpster enclosure. We feel the above measures will provide an adequate buffer between the dumpster enclosure and the residential uses to the west. Please see the project landscape plan for a visual reference for the placement of the buffer along the project's western side_ 4. Ms. Noreen Dreyer, of the law firm Ruden McClosky, will address this comment directly. 5. Please see the response to comment 3 above. In addition to the measures indicated, except for the masonry wall for the dumpster enclosure, ten (10) Sabal Palm trees will be installed along the westem-most edge of the project parking area. These lrees will be 18'-20' in height at the time of installation. Refer to the project landscape plan for a visual reference for the placement of the buffer along the project's western side. If you have any uestions, please call. Sincerely, Jos h T. Friscia, P.E. Attachments: 1. Site Plan 2_ Landscape Plan cc: File 05863rm.doc P. Spirk (w/o att) CV ~ From: Susan Magee [mailto:sue@spanishlakes.com] On Behalf Of Harvey Newman Sent: Monday, October 27, 2008 2:48 PM To: Dreyer, Noreen Subject: St. Lucie Business Park Storage Facility Noreen, Thank you for keeping us informed about the meeting at Spanish Lakes Riverfront. One of our partners suggested that you might want to consider building the fence between Riverfront and the Storage Facility out of chain link with interwoven aluminum slats. This would reduce future maintenance needs, which are inherent with a wood fence. Susan Magee for Harvey Newman Executive Assistant Wynne Building Corporation 800o South US i, Suite 402 Port S~ Lucie, FL 3495Z sue@spamshlalces.com Phone: (y'~Z) 8'~8-SS13 xI10 Faar. (77~) 8~8-oZZ4 ~~N 2" x009 1 of I 1/2]/2009 3:17 PM Ru d en 1G5 NW CENTRAL PARK PLAZA SUITE 200 ~ ? ~ O~ ~ PORT ST. LUCIE, FLORIDA 34986 ~ /1 ` ' ~VI y (7~2) 873-59'10 FAX: (7721873•3110 NOREEN.DREYER~RUDEN.COM October 21, 2008 Re: October 23rd Spanish Lakes Riverfront Homeowners Association meeting; Special Presentation at 7:00 pm regarding St. Lucie Business Park Storage Dear Property Owner or Resident: Prior to the start of the October 23~d Spanish Lakes Riverfront Homeowners Association meeting, there will be a presentation of a proposed development in St. Lucie Business Park, located on vacant land east of the intersection of Gamino Del Rio and Galicia and lots 191, 193 and 195 in Spanish Lakes River&ont. As an owner andlor resident of Spanish Lakes River&ont ~~vithin 500 feet of the proposed development, we wanted to extend a special i.nvitation to you to attend the presentation to leam more about this project. The presentation will provide an overview of the proposed development and provide an opportunity for you to ask questions that you may have about the development. I hope that you will be able to attend the meeting, which is scheduled for October 23~ at 7:00 p.m. at the Spanish Lakes Riverfront clubhouse (immediately preceding the regular Association meeting). Should you have any questions prior to, or after, the meeting please contact me. Sincerely, l ~ Noreen S. Dreyer NSD/tjw cc: St. Lucie Self Storage, LLC ~ ~ PSL:47560:2 ' RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. BOU RATON ~ C~RAUS • FT, LAUDERDAIE • MIA~41 • ~APlES • ORUVDO • PORT ST. LVCIE • SARASOTA ~ ST. PETERSBURG • TALLAHASSEf • TAMPA •\~'ESi PALM BEACH ...:e.ets c ~ , .-~:r~ ' ~ : ~...,.a isis.r;act~cn ~~r~i ~ .~5: `P~!'f i ~iFl..1:i Si.~~ l_;(.~ `~'r.°~ F~c~ =t ama~sm r r cl ~c?. ~ LJ/~~ ' J E3~ ~ - ~ " ` ' ~ ~ ~GF ~3-~ W2' :ui~~ 7 , ~~4~~~~^ 5i60 i ~ ~ , . a Dianne C. Tonghini Grace LaPlace Resident/Owner 187 Camino Del Rio 14 Juan Carlos Lane 210 Camino Del Rio Port St. L.ucie, FL 349~2 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 f~esidentJOwner Resident/Owner ResidentlOwner z08 Camino Del Rio 182 Camino Del Rio 180 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 E~esidenUOwner Resident/Owner ResidentlOwner 178 Camino Del Rio 176 Camino Del Rio 174 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resi~ent/Owner Resident/Owner 172 Camino Del Rio 170 Camino Del Rio 168 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner ResidentlOwner Resident/Owner 166 Camino Del Rio 164 Camino Del Rio 162 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 ResidentJOwner Resident/Owner ResidendOwner 1b0 Camino Del Rio 158 Camino Del Rio 173 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 175 Camino Del ~Rio 177 Camino Del Rio 177 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 ResidenUOwner Resident/Owner Resident/Owner 179 Camino Del Rio 181 Camino Del Rio 183 Camino Del R.io Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner ResidentlOwner 185 Camino Del Rio 189 Camino Del Rio 191 Camino DeI Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 193 Camino Del Rio 195 Camino Del R.io 197 Camino Del Rio Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Etiquettes faciles a peler ~ Co~sultez la feuille www.avery.com Utilisez le gabarit AVERY~ 51600 Sens de chargement d'instruction 1-800-GO-AVERY A2i3/1V-O~-008-t uot;~n~~su~,p i~awa6~ey~ ap sua5 p0915 p.la3A`d 1~.?eqpb a~ zas~~t~~ cuortiane•nnnnr,++ a~~ina} e~ za~~nsuo~ ~a~ad e sa~ne; sauanb«3 ZesidendOwner Resident/Owner Resident/Owner 99 Camino Del Rio 201 Camino Del Rio 203 Camino Del Rio 'ort St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Zesident/Owner ResidentlOwner Resident/Owner ?OS Camino Del Rio 207 Camino Del Rio 209 Camino Del Rio 'ort St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Zesident/Owner Resident/Owner Resident/Owner ? i 1 Camino DeI Rio 213 Camino Del R.io 215 Camino Del Rio ?ort St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 2esident/Owner Resident/Owner Resident/Owner ? 17 Camino Del Rio 2 Elena Drive 4 Elena Drive Port St. Lucie, FL 34952 Port St. Lucie, FL 34452 Port St. Lucie, FL 34952 EtesidentlOwner Resident/Owner Resident/Owner 5 Juan Carlos Lane 7 7uan Carlos Lane 9 Juan Carlos Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 EtesidendOwner Resident/Owner Resident/Owner 11 Juan Carlos Lane 1 Florencia Lane ~ 3 Florencia Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 5 Florencia Lane 7 Florencia Lane 9 Florencia Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 2 Florencia Lane 4 Florencia Lane 6 Florencia Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner ResidentlOwner Resident/Owner 8 Florencia Lane 1 Galicia Lane 3 Galicia Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner ResidentlOwner 5 Galicia Lane 2 Galicia Lane 4 Galicia Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 T ~ Tam~ea~ ~aad ~(se3 ~o; ~aded paa~T ~ ~0945 31~f9dW31 ~tiany as~ i~0915pA?j~b~ 1~`~1 ; ~aa45 uo~un~~su~ aas ~ ~ ; ~G' Slaqel laad (+se3 J~2i3f~t~-09-008-L uo~~n,~sui,p xuawa6~ey~ ap suas ~09L5 ~~la3Ad 3!jeqe6 a~ zasi~i~~ wor~Srane•nrw,na aE~ma~ e~ za~~nsuo~ ~ ~a~ad e sa~i~e; sauanb~l~ ZesidendOwner Resident/Owner ResidentlOwner i Galicia Lane 8 Galicia Lane 1 Santa Fe Lane ?ort St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 ZesidendOwner Resident/Owner Resident/Owner 3 Santa Fe Lane 5 Santa Fe Lane 7 Santa Fe Lane ?ort St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner ResidentlOwner ~ Santa Fe Lane 2 Santa Fe Lane 4 Santa Fe Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner ResidentJOwner ResidentJOwner 6 Santa Fe Lane 8 Santa Fe Lane 10 Santa Fe Lane Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 ResidentlOwner ResidentlOwner ResidentlOwner 1 Santa Cruz Way 3 Santa Cruz Way 2 Santa Cruz Way Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner Resident/Owner Resident/Owner 4 Santa Cruz Way 6 Santa Cruz Way 8 Santa Cruz Way Port St. Lucie, ~L 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Resident/Owner ResidendOwner Resident/Owner 10 Santa Cruz Way 12 Santa Cnu Way 14 Santa Cruz Way Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 Port St. Lucie, FL 34952 ResidendOwner 16 Santa Cruz Way Port St. Lucie, FL 34952 T 09L5 Ta~nleaj (aad ~tse3 ~o~ o~ ~adpd Paa~T ~ p0915 31tl1dW31 ~tiand as~ ~A~~d~ ~n i iaays uoivn~;su~ aas .,n s~aqe~ laad /~se3 ~ ! St. Lucie Business Park Storage Summary of Meeting with Spanish Lakes Residents Thursday, October 23, 2008, 7:00 PM A meeting was held on October 23, 2008 at the Spanish Lakes Riverfront clubhouse, just prior to the Spanish Lakes Riverfront Homeowners Association regular monthly meeting, to provide an overview of the proposed development plans for St. Lucie Business Park Storage to interested persons. All residents and/or owners of Spanish Lakes Riverfront within approximately 500 feet of the proposed development (82 addresses) were invited by letter. Approximately 75 persons were in attendance. A copy of the site plan and landscape plans were presented, and the applicant provided a brief Power Point presentation. The following questions or issues were addressed: • Location - many attendees were misinformed as to the location of the project, believing that it was proposed to be built within Spanish Lakes and/or that access would be through Spanish Lakes. Their concems were addressed when they understood the correct location. • Lighting - did not want tall lights directed into Spanish Lakes. The proposed light height of 6 feet and directed downward was acceptable. • Height - one person raised a concern about the height of the building, although he lives along the river, and not near the site. ~ Environmental impact - no environmentally sensitive land is on the site. • Drainage - One person was concerned about drainage along Santa Clara in Spanish Lakes which has a tendency to flood; however drainage from the project is directed east, away from Spanish Lakes. • Hours of operation - did not want 24 hour access; advised residents that access hours would be limited to between 6 AM to 10 PM • Privacy - residents advised that there would be no windows along west side of building, overlooking Spanish Lakes At the conclusion of the meeting a copy of the site plan was left with the Association President, and she was requested to let us know if any additional concerns or questions were raised. Thus far none have been received. JAN 28 ~ PSL:47722:1 , . Agenda Request Item Number ~'-B Meeting Date: 01-15-2009 Consent [ ) ~ Regular [ ] • ~ Public Hearing ( X ] Leg. [ ] Quasi-JD [ X ] To: Planning and Zoning Commission - ~ ted By Submitted By: Growth Management Department , owth Ma age t D rector SUBJECT: Petition of St. Lucie Self Storage, LLC for Preliminary/Finai PNRD (Planned Non - Residential Development) Site Plan approval for the project #o be known as St. Lucie Business Park Storage PNRD located in Lot #1 St. Lucie Business Park on Business Park Drive, 610 feet West of US-1, and across US-1 from Mediterranean Avenue in a PNRD Zoning District. Draft Resolution No 09-008. BACKGROUND: The petitioner is proposing a 6-sto~r, 104,369 square feet, self-storage building with a footprint of 17,796 square feet. ?On December 14, 1988, Resolution No.88-365 granted St. Lucie Business Park PNRD Zoning District. ?On November 17, 1989, a replat approved 13 lots including Lot #1. ?0n February 6, 1990, Resolution No. 90- 27 granted a site plan for Lots #1- #4 and #11-#13. On that 1990 site plan, four (4) buildings, which crossed lot lines, were approved. That site plan has a one-story, 26,670 square foot warehouse shown as Building 2 that crosses Lots #1 &#2. There is a 10,000 square foot building constructed on Lot #2 in 2000 by Noland Properties, Inc. The proposed building size is not in substantial conformity with the 1990 Site Plan and would exceed the existing Site Plan by 87,699 square feet. Pursuant to Land Development Code Section 11.02.05.F.2, the petitioner is requesting a new Preliminary/Final PNRD. FUNDS AVAILABLE: N/A PREVIOUS ACTION: The change in zoning to PNRD was granted December 14, 1988 by Resolution No.88-365. A Replat was approved November 17, 1989. A site plan was approved for Lots #1- #4 and #11-#13 February 6, 1990 by Resolution No. 90- 27. RECOMMENDATION: Recommend to the Board of County Commissioners to adopt Draft Resolution No. 09-008 granting a Preliminary/Final PNRD Site Plan to be known as St. Lucie Business Park Storage PNRD. Planninq and Zoninq: 0 APPROVED ~ DENIED ~ OTHER Form No. 07-28 Planning & Zoning Commission Review: January 15, 2009 ~ GROWTH MANAGEMENT DEPARTMENT Planning Division ~ ~ - MEMORANDUM PNRD 06-008 1 2 TO: Planning and Zoning Commission 3 4 5 THROUGH: Robin e , sistant Growth Management Director 6 Kristin e worth, Current Planning Manag~'~ ~ ~U 8 FROM: Larry Szynkowski, AICP, Senior Planner 9 10 11 DATE: December 15, 2008 12 13 14 SUBJECT: Petition of St. Lucie Self Storage, LLC for a new Preliminary/Final Site Plan 15 approval for a PNRD (Planned Non- Residentia~ Development) Site Plan for the 16 project to be known as St. Lucie Business Park Storage Planned Unit 1'7 Development. 18 19 LOCATION: Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west of US - 20 Highway #1 and across US - Highway #1 from Mediterranean Avenue in the 21 St. Lucie Business Park PNRD (Planned Non-Residential Development) Zoning 22 District. 23 24 25 ZONING DISTRICT: PNRD (Planned Non-Residential Development) 26 27 FUTURE LAND USE: IND (Industrial) 28 29 PARCEL SIZE: 1.42 acres 30 31 EXISTING PNRD 32 SITE PLAN: 33 ?On December 14, 1988, Resolution No.88-365 granted the existing 34 St. Lucie Business Park PNRD Zoning District with a conceptual site 35 plan. 36 ?On November 17, 1989, a replat was approved with 13 lots including 3~ Lot #1. 38 ?On February 6, 1990, Resolution No. 90-27 granted a site plan for 39 Lots #1- #4 and #11- #13. That 1990 site plan approved four (4) 40 buildings, on seven (7) Iots within 8.99 acres, including one (1) 41 building that crossed over Lot #1 and Lot #2 combined, and is a 42 26,670 square-foot, one-story building with a shared driveway. 1 Subsequently in 1999, a 10,000 square foot buitding was built on Lot 2 #2, without reference to the underlying PNRD site plan approval. 3 . 4 5 PROPOSED USE: The applicant is requesting a new Preliminary/Final Site Plan approval 6 for a PNRD (Planned Non- Residential Development) Site Plan for the 7 project to be known as St. Lucie Business Park Storage Planned Unit 8 Development for a six-story, 104,369 square-foot, self-storage 9 building with one office, and 19,206 square feet of pavement. The 10 construction would consist of the following: 11 12 ? The 15t floor would be 16,864 square feet self-storage, plus 932 13 square feet of office space; 14 ? Floors 2 thru 5 would be 17,796 square feet of self- 15 storage; 16 ? The 6th floor would be 15,389 square feet of self-storage ; and 17 ? A paved area would have 27 parking spaces and a 36-foot by 18 55-foot loading area for large vans. 19 20 21 22 SURROUNDING ZONING: North: CG (Commercial General) 23 South: PNRD (Planned Non-Residential Development) 24 East: PNRD (Planned Non-Residential Development) 25 West: PUD (Planned Unit Development) 26 27 SURROUNDING FUTURE 28 LAND USES: North: COM (Commercial) 29 South: IND (Industrial) 30 East: IND (Industrial) 31 West: RU (Residential Urban) 5du/acre 32 33 SURROUNDING LAND USES: North: Vacant 34 South: Noland Properties, Inc. Light Industrial 35 East: Vacant Lot #13 in St. Lucie Business Park PNRD 36 West: PUD Spanish Lakes Riverfront Leaseholder Estates 37 38 FIRE/EMS PROTECTION: Fire Station #1 (Walton Road) is located approximately 2 39 miles to the southeast of the site. 40 41 UTILITY SERVICE: The property has adjacent water and sanitary sewer by 42 Port St. Lucie Utilities. 43 44 TRANSPORTATION IMPACTS: 45 RIGHT-OF-WAY ADEQUACY: Business Park Drive private ROW is 60 feet wide; 46 US Highway #1 ROW is 200 feet wide 47 48 SCHEDULED IMPROVEMENTS: None 49 50 St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 2 of 11 January 15, 2009 1 TYPE OFCONCURRENCY ~ 2 DOCUMENT REQUIRED: Certificate of Capacity 3 4 5 6 ANALYSIS 7 8 9 PRELIMINARYI FINAL PNRD SITE PLAN: 10 11 Pursuant to St. Lucie County Land Development Code Section 11.02.05.F inajor adjustments to 12 an approved planned development must be found to be in substantial conformity with the original 13 approval. If the application is deemed not to be in substantial conformity, then a new Preliminary 14 Site Plan application must be initiated. 15 16 The proposed new Preliminary/Final PNRD Site Plan to allow a building on Lot #1 is consistent 17 with the replat of November 17, 1989. However, if this proposal was submitted as a major 18 adjustment, the permitted floor area of the proposed building would represent an increase of 19 87,699 square feet. In addition, the height of the building would be increased to a six-story 20 structure. Considering that the proposed six-story building with 104,369 square feet of floor area 21 would not be in substantial conformity with the PNRD Site Plan for Lots #1 thru #4 and Lots #11 22 thru #13 (7 lots) of St. Lucie Business Park, a new Preliminary/Final PNRD Site Plan is being 23 requested for approval pursuant to St. Lucie County Land Development Code Section 11.02.05.A. 24 and B. 25 ` 26 Therefore, the applicant met with the Growth Management Director and it was determined that the 27 applicant would proceed to the Ptanning and Zoning Commission with the new Preliminary/Final 28 PNRD site plan application. 29 30 31 A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN 32 33 The use of the proposed building is consistent with Resolution No. 88-365 St. Lucie 34 Commerce (Business) Park - PNRD in Exhibit B, Section 3.3.112 (2) Permitted Uses (jj) (OR 35 BOOK 619 PAGE 1788) that allows, as a permitted use, household goods warehousing and 36 storage, mini-warehouses. That resolution refers to a conceptual site plan. The PNRD was 37 developed over time, lot by lot over the past eighteen years. 38 39 The proposed building is consistent with the height and floor area square footage as 40 permitted in Table 7-10 of the Land Development Code which includes the minimum property 41 development regulations. The self-storage facility is a permitted use and fulfills a demand in 42 the community for personal storage space. The new building would share the access driveway 43 with the light industrial use, Noland Properties, Inc., on the south. But there would be separate 44 parking and loading spaces determined by the Code Section 7.06.00. 45 46 This new Preliminary/Final PNRD Site Plan is consistent with Comprehensive Plan Policy 47 1.1.8.11 encouraging the use of industrial and commercial designated lands within the urban 48 service area. Therefore, the new Preliminary and Final PNRD Site Plan, as proposed and 49 conditioned herein is consistent with the goals and objectives of the St. Lucie County 50 Comprehensive Plan, and the St. Lucie County Land Development Code Standards of Site St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 3 of 11 January 15, 2009 1 Plan Review Section 11.02.05 and exceeds the requirements of the General Landscaping 2 Section 7.09.04. 3 4 The architectural style conforms to the Community Architectural Standards pursuant to 5 Section 7.10.24.H. and utilizes the following five elements in the design of the building: 6 7 1) Predominantly vertical, rectangular windows 8 2) Square Columns 9 3) Canopy 10 4) Portico/Porte Cochere 11 5) Frieze/medallion 12 13 Additionally, lighting will be limited to only six feet above ground, and there will not be any 14 windows facing the residential to the west. 15 16 17 B. EFFECT ON NEARBY PROPERTIES 18 19 On October 23, 2008, the agent for the applicant held a Neighborhood Meeting with the 20 residents of Spanish Lakes Riverfront Leasehold Estates PUD. Approximately 80 residents 21 attended in addition to the underlying property owner. The applicant has tried to work 22 together with the neighbors to provide an acceptable landscape buffer, lighting restrictions and 23 hours of operation that are not objectionable. The agreed upon hours of operation are 6 am to 24 10 pm. The landscape buffer was agreed to be a chain-link fence with slats, and opaque 25 landscape material planted on both sides of the fence. Staff recommends an 8-foot high 26 masonry wall with a hedge on both sides and 60% of the required landscape materials planted 27 on the exterior of the wall, facing the residential. It was also agreed that no outdoor storage of 28 boats or RV vehicles would be allowed on the west side of the building. The residents were in 29 agreement that this use is a low intensity commercial use without any windows or exterior 30 lighting. Together with the recommended accommodations, there were no further objections 31 from the neighbors. 32 33 The maximum height allowed in the PNRD Zoning District, per Section 7.04.01 Table 7-10, is 34 60 feet. Section 2.00.00 Figure 2-11 further defines the maximum height as the average 35 distance between the roof ridge (66'9") and the eave (51'6"). In this proposal, that average 36 height would be 59 feet 1 inch. This building height is consistent with the above Code Section. 37 The height and mass of the building would be mitigated to reduce any adverse effect on the 38 view of the residents to the west in Spanish Lakes Riverfront Leasehold Estates PUD 39 (Planned Unit Development.) The distances between the proposed building and the nearest 40 homes are between 115 to 130 feet. The orientation, buffering and landscaping provide 41 mitigation as follows. 42 43 The proposed building orientation is designed so that the access to the building would face 44 south toward the light industrial use, Noland Properties, Inc. Three trees, 12 to 14 feet in 45 height would be planted (2 laurel oak, 1 dahoon holly) and one pine tree preserved within the 46 south parking area. Landscape buffers would be created on three sides of the perimeter: 47 48 Also proposed for the west property line would be an 8-foot high opaque fence facing the 49 residential use. The height of the building will not inte?fere with the development or use of the 50 neighboring properties. St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 4 of 11 January 15, 2009 1 2 To the immediate north there is a vacant commercial property that contains over three acres 3 of wetland and uplands. That parcel to the north does not directly affect this development 4 petition. But, if developed, that site would likely be required to provide over three (3) acres 5 upland and wetland preserve. That preserve would be adjacent to the Spanish Lakes 6 Riverfront Leasehold Estates PUD. 7 8 9 C. ADEQUACY OF PUBLIC FACILITIES 10 11 The building and its use will comply with the Standards of the St. Lucie County Land 12 Development Code Chapter V, Adequate Public Facilities. The property has water and 13 sewer service available. The applicants shall comply with the requirement to pay impact fees 14 as a commercial use per the present Impact Fee Ordinance. A certificate of capacity will be 15 necessary since the PNRD Site Plan will exceed the normal square footage and the self 16 storage would be a commercial use, not light industrial as the other uses in the Business 17 Park. 18 19 The proposed building is expected to create traffic into and out of the site via US-1 and 20 Business Park Drive. The applicant shall be required to show that the transportation network 21 was analyzed and will operate at the adopted level of service after construction of the 22 proposed facilities. The applicants would be required have a traffic signal warrant study 23 conducted at the intersection of Business Park Drive and South US-1 approximately 90 days 24 after the issuance of a certificate of occupancy. If a signal is warranted by the study, the 25 applicant would be required to design and install the traffic signal. The petitioner would be 26 required to provide a 5-foot sidewalk for the width across their frontage on Business Park 27 Drive, as it is shown on the proposed plan. 28 29 The proposed use of mini-warehouse differs from the warehouse use in the number of vehicle 30 trips that are generated, the day of the week, and time of the peak hour trip generation. The 31 mini-warehouse, or self-storage has peak hours between 1 p.m. and 5 p.m. throughout the 32 week. The existing use of a warehouse would generate trips during the normal morning and 33 evening peak hours mostly during the week with few trips on the weekend. There would be, 34 generally, twice as many trips as a warehouse than with four times the floor area of a self- 35 storage facility. The proposed building would not affect transportation capacity, but would 36 likely affect the efficiency of the traffic signal at U.S. Highway 1 and Business Park Drive. 37 38 39 Type of Weekdav Weekdav Weekdav Saturdav Saturda Sunda Sunda Emplovees Use ave. # of peak peak hr ave. # of peak hr ave. # peak hr ave. # of tri s times tri s tri s tri s of tri s tri s tri s Warehouse 132 7-9am/ 70/67 33 3 21 2 39 26,670 sf 4-6p Self- 258 1 pm- 30 242 41 184 31 4 storage 5pm 104,369 sf 40 Source: Trip Generation; Institute of Transportation Engineers, 6 Edition, Vol. 1, pp. 188, 216; 41 Trips are determined per 1,000 square feet of floor area; ave. = average; sf = square feet. St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 5 of 11 January 15, 2009 1 2 3 D. ADEQUACY OF FIRE PROTECTION 4 5 Fire Station #1 (Walton Road) is located approximately 2 miles to the southeast of the subject 6 property. The building is proposed to be constructed of reinforced masonry exterior walls 7 with a post-tensioned concrete floor. The roof system is proposed with standing-seam metal 8 roofing over steel trusses at pitched roof areas. This would reduce flammability. The building 9 footprint was adjusted in order to provide acceptable access for the Fire District vehicles. 10 The Fire Marshall approved this project on February 1, 2007, regarding access and proximity 11 of fire hydrants. 12 13 E. ADEQUACY OF SCHOOL FACILITIES 14 15 This project is non-residential and therefore not evaluated for adequacy of school facilities. 16 17 F. ENVIRONMENTAL IMPACT 18 19 Per Section 11.02.09 (A) (5), an Environmental Reconnaissance Level Field Assessment was 20 submitted on August ~6, 2006 and found not to contravene applicable provisions of the St. 21 Lucie County Comprehensive Plan. 22 23 A tree mitigation plan for all impacts was received for the proposed construction and reviewed 24 by the St. Lucie County Environmental Resources Department (ERD). ERD requires that prior 25 to issuance of a vegetation remova~ permit for any portion of the St. Lucie Business Park 26 Storage site, the developers, their successors or assigns, shall deliver to St. Lucie County 27 Environmentat Resources Department a total of 540.5 inches of native trees measuring a 28 minimum of 2.5 inches in diameter each (i.e. 216 trees with 2.5" diameters). 29 30 The applicant provided a landscape plan prepared, signed, and sealed by a registered Florida 31 Landscape Architect for the project which meets all of the requirements of sections 7.09.03 32 and 7.09.04 of the SLC Land Development Code. Since the property to the west of this site is 33 residential, Growth Management requires that this property meet Section 7.09.04 E. 34 "Landscaped buffer areas between non-residentia/ and single family or two family residential 3 5 uses. " 36 37 This Section requires all side and rear yard perimeter buffer areas between non-residentiat 38 and single family or two family residential uses shall be ~andscaped with a masonry wall or 39 opaque wood fence of at least eight (8) feet in height that forms a continuous screen between 40 the uses. All masonry walls or opaque wood fences shall be landscaped with a continuous 41 hedge along both the inside and outside base of the wall or fence. One tree shall be planted 42 along the wall or fence for each thirty (30) linear feet or fraction thereof of the length of the 43 wall or fence. Tree plantings shall be alternated so that at least 60% of the required number of 44 trees is located on the outside of the wall or fence. The remaining 40% of the required 45 perimeter tree plantings shall be located on the inside face of the wall or fence. 46 47 The applicant has proposed landscaping on three sides of the site perimeter. The west 30 48 feet facing Spanish Lakes PUD will be planted as follows below: 49 St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 6 of 11 January 15, 2009 1 ? Five (5) dahoon holly (12'-14' height) trees, and ninety-five green buttonwood shrubs 2 (2' height), 3 4 ? An eight (8') foot opaque wood fence to be constructed facing west toward the 5 residential, and three dahoon hollies (12'-14' height) and an additional ninety-five 6 green buttonwood shrubs (2' height) planted on the inside of the fence per Section '7 7.09.04 (E) 8 9 ? Twenty-one (21) sabal palm trees (18', 20', and 22' height) will be planted between 10 the fence and the parking area. This number of trees is twice the number required by 11 Section 7.09.04.C. 12 13 On the east toward Business Park Drive, the landscaping varies from 25 to 100 feet in width 14 and inc{udes seven (7) live oak and seven (7) sabal palm trees, plus fifty-eight (58) 15 cocoplums and twenty-five (25) myrsine shrubs per Section 7.09.04 (A). 16 17 On the north perimeter, the landscaping will have depth of 20 feet and include two (2) 18 mahogany trees, two (2) sabal palms, and twenty-two (22) cocoplums and fifty (50) sweet 19 viburnum shrubs, plus four (4) existing pine trees will be preserved. 20 21 The parking islands will be planted with one (1) live oak, four (4) laurel oaks, and two (2) 22 dahoon ho~ly trees, plus finro (2) existing pine trees will be preserved per Section 7.09.04 (C). 23 24 SUMMARY 25 26 The project is located on the west side of Business Park Drive, approximately 610 feet west of 27 US-1 and across US-1 from Mediterranean Avenue in the St. Lucie Business Park PNRD 28 (Planned Non-Residential Development) Zoning District. The existing Final PNRD Site Plan was 29 approved on February 6, 1990, for 102,162 square feet of floor area on four (4) lots, including a 30 one-story building on Lots #1 and #2 with 26,670 square-feet of floor area and with a shared 31 driveway to the south. The new Preliminary/Final PNRD Site Plan supports a six-story, 104,369 32 square-foot, self-storage building with one office and 19,206 square feet of pavement consisting 33 of: 34 35 ? A 15t floor with 16,864 square feet of self-storage, plus 932 square feet of office space; 36 ? Floors 2 through 5 with 17,796 square feet each of self-storage; 3'7 ? The 6th floor with 15,389 square feet of self-storage; and 3g ? A paved area with 27 parking spaces and a 36-foot by 55-foot loading area for large 39 vans. 40 This would increase the allowed floor area by 87,699 square feet and the mass of the building 41 from a one-story to a six-story structure over the previous PNRD Site Plan. 42 43 Although the proposed project meets the PNRD height dimension according to the Code's 44 Building Height definition and the Dimensions Table 7-10 in Section 7.04.01, staff has a concern 45 about the effect of a six-story building adjacent to a residential Planned Unit Development even 46 with increased landscaping. Staff has obtained from the petitioner a commitment of twenty-one 47 (21) additional sabal palm trees with heights from 18 feet to 22 feet in height for added buffering 48 on the west side of the building facing the residential area and strategically located, to provide a 49 visual buffer that will exceed code minimum. This is in addition to the required 10-foot buffer on St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRO Page 7 of 11 January 15, 2009 1 the west property line including ten dahoon holly trees, a hedge, and an 8-foot opaque wood 2 fence. 3 4 Concerns of the neighbors to the west in Spanish Lakes Riverfront Leasehold Estates should be 5 considered in addition to the property owners in St. Lucie Business Park. Staff has mailed notice 6 letters to property owners within 500 feet of the site. Any responses to these letters received will 7 be attached to this report. 8 9 Staff recommends the tree mitigation requirement of a total of 540.5 inches of native trees 10 measuring a minimum of 2.5 inches in diameter each be a condition of the resolution approving 11 this project. The change to a commercial use requires that the new use meets traffic concurrency 12 and that commercial impact fees be paid. After the storage business is in operation, the applicant 13 shall also be required to conduct a signal warrant study at the intersection of Business Park Drive 14 and South US-1. If a signal is warranted, the developers shall design and install the traffic signal. 15 16 This St. Lucie Business Park Planned Non-Residential Development (PNRD) was originally 17 approved in 1988 and is almost 50% built-out. It should be noted that the condition of the 18 common components within the overall PNRD is evidenced by deferred maintenance. The 19 landscaping along the western property boundary line has not been well maintained. There is a 20 chain link fence rather than the masonry wall or opaque fence that is required by the present Land 21 Development Code. The landscaping on all sites is required to be kept up to the present code 22 and well maintained. A letter was recently sent to St. Lucie Business Park, LLC. about maintaining 23 the landscaping. The St. Lucie Business Park LLC. representative has stated that they will 24 improve the lots under their ownership that are built-out, and will enforce the Code requirements 25 as new lots are sold and built on. The current owner also advised Staff that there is an old 26 agreement that was created for sharing costs for the interior roadway, a copy of which will be 27 provided. 28 29 30 RECOMMENDATION: 31 32 The new Preliminary/Final St. Lucie Business Park Storage PNRD Site Plan, as proposed and 33 conditioned herein, is consistent with the goals and objectives of the St. Lucie County 34 Comprehensive Plan; is in conformance with the St. Lucie County Land Development Code, 35 Section 11.02.05., and exceeds the Section 7.09.04.C and 7.10.24.H. Staff has reviewed this 36 petition for a new Preliminary/Final PNRD Site Plan. Although this proposed PNRD Site Plan 37 includes a six-story building that causes concerns, staff supports approval since it does meet and 38 exceed Code requirements with additional landscape screening. 39 40 Staff recommendation for the Planning and Zoning Commission is to move this petition forward 41 and recommend to the Board of County Commissioners to adopt Draft Resolution No. 09-008 42 granting a Preliminary/Final PNRD Site Plan for a project to be known as St. Lucie Business Park 43 Storage PNRD subject to the following conditions: 44 45 1. No development permits shall be issued until complete sets of sealed, constructible, final 46 engineering plans, supporting calculations and survey data for the site work and offsite 47 improvements are approved by the Office of the County Engineer, Public Works 48 Department, Utilities Department, Environmental Resources Department, Growth 49 Management Department, Fire Department, and any other agency that may be 50 determined by the Director of Growth Management to be necessarily involved in the St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 8 of 11 January 15, 2009 1 review and approval of the constructible final engineering plans for the site work and 2 offsite improvements. The determination of whether or not plans submitted by the 3 applicant constitute a complete set of constructible plans shall be made by the 4 departments involved in the plan review within five business days of the date the plans 5 are received in the Department of Growth Management. 6 7 2. Prior to issuance of a vegetation removal permit for any portion of the St. Lucie Business g Park Storage site, the developers, their successors or assigns, shall deliver to St. Lucie 9 County Environmental Resources Department a total of 540.5 inches of native trees 10 measuring a minimum of 2.5 inches in diameter each (i.e.; 216, 2.5" trees). 11 12 3. Prior to the issuance of a vegetation removal permit for the St. Lucie Business Park 13 Storage Site, the developers, their successors or assigns, shall clearly delineate all trees 14 to be preserved and/or protected. Delineation shall be by either the placing of silt 15 fencing, safety fencing or similar type of materials. Flagging shall not be used except to 16 guide the installation of the fencing materials. All land clearing activities shall be in 1'7 accordance to the specific conditions/standards outlined in the vegetation removal 1 g permit. Upon installation, the Environmental Resource Department prior to issuance of 19 the land-clearing permit shall inspect the installed fencing. 20 21 4. Prior to the issuance of a certificate of occupancy, the developers, their successors or 22 assigns, shall be required to provide all side perimeter buffer areas between 23 non-residential and single family or two family residential uses. The buffer areas shall be 24 landscaped with a masonry wall or opaque wood fence of at least eight (8) feet in 25 height that forms a continuous screen between the uses. All masonry walls or opaque 26 wood fences shall be landscaped with a continuous hedge along both the inside and 2'7 outside base of the wall or fence. One tree shall be planted along the wall or fence for 28 each thirty (30) linear feet or major fraction thereof of the length of the wall or fence. 29 Tree plantings shall be alternated so that at least 60% of the required number of trees is 30 located on the outside of the wall or fence. The remaining 40% of the required perimeter 31 tree plantings shall be located on the inside face of the wall or fence. 32 33 5. Prior to the issuance of any building permit the developers, their successors or assigns, 34 shall either construct a 5-foot wide sidewalk along the development frontage on 35 Business Park Drive in accordance with Section 7.05.04, or provide sufficient security in 36 accordance with Section 11.04.00 of the St. Lucie County Land Development Code for 3'7 the construction. 38 39 6. The developers, their successors or assigns, shall be required have a traffic signal 40 warrant study conducted at the intersection of Business Park Drive and South US-1 at 41 approximately 90 days after the issuance of a certificate of occupancy. If a signal is 42 warranted by that study, the developers, their successors or assigns, shall design and 43 install the traffic signal. 44 45 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant shall 46 execute an improvement agreement for all required landscaping and tree mitigation, 4~ including on-site and off-site preservation and/or relocation. 48 49 50 St. Lucie Business Park Storage Preliminary 8 Final Site Plan Major Adjustment to a PNRD Page 9 of 11 January 15, 2009 1 Please let this office know if you have any questions on this matter. 2 3 4 5 6 7 SUBMITTED: 8 = p, i 9 ~ ,l 10 11 Robin M er, ssi n irector 12 Growth anagement Department 13 14 cc Ronald Schuman 15 Randy Rogers, Friscia Engineering 16 Ron Harris, St. Lucie County Surveyor 17 Michael Powley, St. Lucie County Engineer 18 Amy Mott, Environmental Resources Manager 19 Christopher Lestrange, Building Official 20 File 21 22 23 Attachments 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 St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 10 of 11 January 15, 2009 1 Suggested motions to recommend approvai/denial of this requested conditional use: 2 MOTION TO APPROVE: 3 4 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 5 6 INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN 7 8 SECTION 11.02.05, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE 9 10 THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE 11 12 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION GRANTING 13 14 APPROVAL OF A PRELIMINARY/FINAL PNRD (PLANNED NON - RESIDENTIAL 15 16 DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK 17 18 STORAGE PNRD LOCATED IN LOT #1 OF THE PNRD (PLANNED NON - RESIDENTIAL 19 20 DEVELOPMENT) ZONING DISTRICT, BECAUSE... 21 22 [LIST REASON(S)] 23 24 MOTION TO DENY: 25 26 AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, 27 28 INCLUDING STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN 29 30 SECTION 11.02.05, ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE 31 32 THAT THE PLANNING AND ZONING COMMISSION RECOMMEND THAT THE ST. LUCIE 33 34 COUNTY BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION DENYING 35 36 APPROVAL OF A PRELIMINARY/FINAL PNRD (PLANNED NON - RESIDENTIAL 37 38 DEVELOPMENT) SITE PLAN FOR THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK 39 40 STORAGE PNRD LOCATED IN LOT #1 OF THE PNRD (PLANNED NON - RESIDENTIAL 41 42 DEVELOPMENT) ZONING DISTRICT, BECAUSE... 43 44 [I.IST REASON(S)] St. Lucie Business Park Storage Preliminary & Final Site Plan Major Adjustment to a PNRD Page 11 of 11 January 15, 2009 1 RESOLUTION NO. 09-008 2 File Number: PNRD 06-008 3 4 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 5 LUCIE COUNTY GRANTING APPROVAL FOR A PRELIMINARY/ FINAL 6 PNRD (PLANNED NON-RESIDENTIAL DEVELOPMENT) SITE PLAN FOR 7 THE PROJECT KNOWN AS ST. LUCIE BUSINESS PARK STORAGE 8 PLANNED NON-RESIDENTIAL DEVELOPMENT LOCATED IN THE PNRD 9 (PLANNED NON- RESIDENTIAL DEVELOPMENT) ZONING DISTRICT FOR 10 CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA. 11 12 WHEREAS, the Board of County Commissioners of St. Lucie County, Fiorida, based on the 13 testimony and evidence, including but not limited to the staff report, has made the following 14 determinations: 15 16 1. St. Lucie Self Storaqe, LLC, presented a petition for a Preliminary/Final PNRD 17 (Planned Non-Residential Development) Site Plan approval for the project to be known 18 as St. Lucie Business Park Storage Planned Unit Development for property 19 located on Lot #1, St. Lucie Business Park on Business Park Drive, 610 feet west 20 of US -1 and across US-1 from Mediterranean Avenue in the PNRD (Planned Non- 21 Residential Development) Zoning District consisting of: 22 23 o a six-story, 104,369 square-foot, self-storage building on a footprint of 17,796 24 square feet ; 25 0 19,206 square feet of paved area for 27 parking spaces and loading area; 26 0 2,780 square feet of existing paved driveway; and 27 0 22,067 square feet of open space and landscaping 28 o total impervious square footage of the project is 61,849 square feet. 29 30 1. The Development Review Committee has reviewed the site plan for the proposed 31 project and found it to meet all technical requirements and to be consistent with the 32 general purpose, goats, objectives and future land use maps of the St. Lucie County 33 Comprehensive Plan and the Code of Ordinances of St. Lucie County. 34 35 2. The proposed project is not consistent with the standards of the St. Lucie County Land 36 Development Code for Planned Non-Residential Development Final Site Plan. 37 38 3. The proposed project will not have an undue adverse effect on adjacent property, the 39 character of the neighborhood, traffic conditions, parking, utility facilities or other 40 matters affecting the public health, safety and general welfare. 41 42 4. All reasonable steps have been taken to minimize any adverse effect of the proposed 43 project on the immediate vicinity through building design, site design, landscaping and 44 screening. 45 46 5. The proposed project will be constructed, arranged and operated so as not to interfere 47 with the development and use of neighboring property, in accordance with applicable 48 district regulations. Page 1 Resolution No. 09-088 February 17, 2009 File No. PNRD 06-008 1 6. The proposed project will have water and sanitary sewer service provided by Port St. 2 Lucie Utility Systems Department. 3 4 7. The applicant has applied for and received a certificate of capacity, a copy of which is 5 attached to this order as Exhibit A, as required under Chapter V, St. Lucie County 6 Land Development Code. 7 8 9 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 10 County, Florida: 11 12 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the 13 Preliminary/Final PNRD (Planned Non-Residential Development) Site Plan to be 14 known as St. Lucie Business Park Storage Planned Unit Development, is hereby, 15 approved as shown on the site plan drawings for the project prepared by The Friscia 16 Engineering on September 21, 2005, last revised on April 4, 2008 and date stamped 17 received by the St. Lucie County Growth Management Department on April 8, 2008, 18 subject to the following conditions: 19 20 21 1. No development permits shall be issued until complete sets of sealed 22 constructible final engineering plans, supporting calculations and survey data 23 for the site work and offsite improvements are approved by the Office of the 24 . County Engineer, Public Works Department, Utilities Department, Environmental 25 Resources Depa~tment, Growth Management Department, Fire Department, and 26 any other agency that may be determined by the Director of Growth Management 27 to be necessarily involved in the review and approval of the constructible final 28 engineering plans for the site work and offsite improvements. The determination 29 of whether or not plans submitted by the applicant constitute a complete set of 30 constructible plans shall be made by the departments involved in the plan review 31 within five business days of the date the plans are received in the Department of 32 Growth Management. 33 34 2. Prior to issuance of a vegetation removal permit for any portion of the St. Lucie 35 Business Park Storaqe site, the developers, their successors or assigns, shall 36 deliver to St. Lucie County Environmental Resources Department a total of 540.5 3'7 inches of native trees measuring a minimum of 2.5 inches in diameter each (i.e.; 38 216, 2.5" trees). 39 40 3. Prior to the issuance of a vegetation removal permit for the St. Lucie Business 41 Park Storaqe site, the developers, their successors or assigns, shall clearly 42 delineate all trees to be preserved and/or protected. Delineation shall be by 43 either the placing of silt fencing, safety fencing or similar type of materials. 44 Flagging shall not be used except to guide the installation of the fencing 45 materials. All land clearing activities shall be in accordance to the specific 46 conditions and standards outlined in the vegetation removal permit. Upon 4'7 installation, the Environmental Resource Division shall inspect the installed 48 fencing prior to issuance of the land-clearing permit. 49 50 4. Prior to the issuance of a certificate of occupancy, the developers, their 51 successors or assigns, shall be required to provide all side perimeter buffer 52 areas between non-residential and single family or two family residential uses. Page 2 Resolution No. 09-088 February 17, 2009 File No. PNRD 06-008 1 The buffer areas shall be landscaped with a masonry wall or opaque wood fence 2 of at least eight (8) feet in height that forms a continuous screen between the 3 uses. All masonry walis or opaque wood fences shall be landscaped with a 4 continuous hedge along both the inside and outside base of the wail or fence. 5 One tree shall be planted along the wall or fence for each thirty (30) linear feet or 6 major fraction thereof of the length of the wall or fence. Tree plantings shall be 7 alternated so that at least 60% of the required number of trees is located on the 8 outside of the wall or fence. The remaining 40% of the required perimeter tree 9 plantings shall be located on the inside face of the wall or fence. 10 11 5. Prior to the issuance of any building permit the developers, their successors or 12 assigns, shall either construct a 5-foot wide sidewalk along the development 13 frontage on Business Park Drive in accordance with Section 7.05.04, or provide 14 sufficient security in accordance with Section 11.04.00 of the St. Lucie County 15 Land Development Code for the construction. 16 17 6. The developers, their successors or assigns, shall be required to have a traffic 18 signal warrant study conducted at the intersection of Business Park Drive and 19 South US-1 at approximately 180 days after the issuance of a certificate of 20 occupancy. If a signal is warranted by that study, the developers, their 21 successors or assigns, shall design and install the traffic signal. 22 23 7. Prior to issuance of a Vegetation Removal Permit or Exemption, the applicant 24 shall execute an improvement agreement for all required landscaping and tree 25 mitigation, including on-site and off-site preservation and/or relocation. 26 27 28 B. The property on which this Major Site Plan approval is being granted is described 29 as follows: 30 31 LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE 32 PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. 33 LUCIE COUNTY. 34 35 SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, 36 37 PARCEL CONTROL NUMBER: 3426-702-0002-000/6 38 39 CONTAINING 1.42 ACRES 40 41 LOCATION: The west side of Business Park Drive, 610 feet west of US Highway #1 42 and across US Highway #1 from Mediterranean Avenue 43 44 C. Preliminary/Adjustment to the Final PNRD (Planned Non-Residential Development) 45 Site Plan approval granted under this Resolution is specifically conditioned to the 46 requirement that the petitioner, St. Lucie Self Storaqe, LLC, including any successors 47 in interest, shall obtain all necessary development permits and construction 48 authorizations from the appropriate State and Federal regulatory authorities, including 49 but not limited to; the United Stated Army Corp of Engineers, the Florida Department 50 of Environmental Protection, and the South Florida Water Management District, prior 51 to the issuance of any local building permits or authorizations to commence 52 development activities on the property described in Part B. Page 3 Resolution No. 09-088 February 17, 2009 File No. PNRD 06-008 1 2 D. A Certificate of Capacity, a copy of which is attached to this Resolution as Exhibit A, 3 was granted by the Director of Growth Management on December 17, 2008, which 4 certificate shall remain valid for the period of Site Plan approval or any extension 5 grated thereto. If this order expires or otherwise terminates, the Certificate of Capacity 6 shall automaticalty terminate. 7 8 E. The St. Lucie County Director of Growth Management is hereby authorized and 9 directed to cause the notation of this resolution to be made on the Official Zoning Map 10 of St. Lucie County. Florida, and to make notation of reference to the date of adoption 11 of this resolution. 12 13 F. The Director of Growth Management shalt coordinate the issuance of further site 14 Development Permits. No final site construction authorizations or site Development 15 Permits shall be issued until all requirements for such permits are met. 16 17 G. This resolution shall be recorded in the Public Records of St. Lucie County. The 18 recording of this resolution does not authorize commencement of any on-site 19 development activities without obtaining such further development permits as may be 20 required. All applicable conditions of approval as set forth above, and applicable code 21 requirements must be met to the satisfaction of the County before final site 22 construction permits are issued. 23 24 H. A copy of this Order shall be attached to the site plan drawings described in Part A, 25 which shall be placed on file with the St. Lucie County Growth Management Director 26 and mailed, return receipt requested to the developer and agent of record as identified 27 on the site plan application. 28 29 I. The conditions set forth in Part A are an integral nonseverable part of the Major 30 Adjustment to the Final PNRD (Planned Non-Residential Development) Site Plan. If 31 any condition set forth in Section A is determined to be invalid or unenforceable for any 32 reason and the developer declines to comply voluntarily with that condition, the site 33 plan approval granted by this resolution shall become null and void. 34 35 J. The approvals and authorizations granted by this Resolution for the purpose of 36 obtaining building permits on this property, shall expire on February 17, 2011, unless 37 an extension has been granted in accordance with Section 11.02.06(B)(3), St. Lucie 38 County Land Development Code. 39 40 K. The effective date of this resolution shall be the date of adoption contained herein. 41 42 43 44 45 46 47 48 49 Page 4 Resolution No. 09-088 February 17, 2009 File No. PNRD 06-008 1 2 After motion and second, the vote on this resolution was as follows: 3 4 5 Chair Paula Lewis XXX 6 7 Vice-Chair Charles Grande XXX 8 9 Commissioner poug Coward XXX 10 11 CommissionerChris Craft XXX 12 13 Commissioner Chris Dzadovsky XXX 14 15 16 17 18 PASSED AND DULY ADOPTED this 17th day of February 2009 19 20 21 22 BOARD OF COUNTY COMMISSIONERS 23 ST. 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Type of development Prelimin & Final Major Adjustrnent to PNRD Number of units 0 Number of square feet 104,369 2. Property legal description 8~ Tax ID no. 342670200020006 On Business Park Drive 610 feet w/of US Hwy 1 St Lucie Business Pazk Storage St Lucie Business Pazk 3. Approval: Building Resolution No. 09-008 Letter 4. Subject to the following conditions for concurrency: Certificate be valid for same period as Res No 09-008;approved construction plans; 540.5 " of native trees to ERD; protect preserve trees; perimeter buffers before CO; 5' SW BP Dr; Tr signal warrnt study 90 days post CO Owner's name Ronald Schuman Address 12375W Sample Rd Coral Springs FL 33065 6. Certificate Expiration Date 2/17/2011 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. Si ned ` ~s': Date: 12/17/2008 g Growth Management Director St Lucie County, Florida Wednesday, December 17, 2008 Page I of 2 ATTACHMENTS 1. Section 11.02.05 of the SLC Land Development Code Review of Planned Developments 2. Application of St. Lucie Self Storage - SPMJ 06-008 3. Resolution No.88-365 Granting Rezoning and Preliminary and Final Plan for PNRD as St. Lucie Commerce Park 4. Resolution No. 90-27 Granting Site Plan Approval for St. Lucie Business Park, Lots 1-4 and 11-13 5: Cross Easement for shared driveway - 05/26/1999 6. Developer Meeting with property owners - 09/13/2006 ATTACHMENT 1 SECTION 11.02.05 OF THE SLC LAND DEVELOPMENT CODE REVIEW OF APPLICATIONS FOR PRELIMINARY AND FINAL SITE PLANS FOR PLANNED DEVELOPMENTS ' 11.02.05 REVIEW OF APPLICATIONS FOR PRELIMINARY AND FINAL SITE PLANS FOR PLANNED DEYELOPMENTS q_ REViEW OF PRELIMINARY SITE PlANS ~ - . 1_ An application foc a Preliininary and Fnai Site Plan shall be submitted io the ~ommunity Development Direcior in a form established by ihe Directo~ along with an applicabis tee. as ~ . ~ • established in Section 11.12.00. . 2_ Wiihin twenty (20) working days of~receipt of a Preliminary Site Plan, the Director shall: a. Determine that ihe application is complete and direct the application~ to the ~ Dev.elopment Review Commiriee ior furlher review; or " ~ b. 'Detennine that the inform~tion is incomplete and iniorrrt the appiicant in writing of ~ the missing components. The appl'~cant may submit an amended pfan within thirty (30) working days wiihout payment of any additional fee~ but if more than thirty (30) days hfive elapsed~ must thereafter initiate a new application and pay an additional fee as identified in Section 11.12:00 of this Code. ~ An application stiall be determined to be complete onl~ if the required submittals of Section 11.02.10 are provided: 3. The Development Review Committee shall review the application ior Preliminary Site Plan and det~rmine whether~the application complies with the requirements ot.this Cod`e-within twenry (20) working days: ~ In reviewing the applicatibn and rnaking a deteFmination oi compliance. the Development Review C~nmmittee shatl use the standards in Section i ~ .02.0~. 4. AfLer the. completinn~of the review 6y the Developrnent Review Committee, the Chairman . of the Devetopment Review Committee shall: ~ a. ~ Recommend that the Community Development Director determine that the application complies with the stand~ids ot Section 11.02.07; or b_ Iniorm the Communiiy Development Director in writing oi the deficiencies oi the . ~ application. ~ _ . . : . ' ~ ~ The applicant shall notity 1he Community Deve~i~pment Director wiihin thirty (30) working days oi ihis noiice oi deficiency oi his intent io address>the cited deticiencies. The applicant shall have a maximum oi 120 days to respond to the ciied deficiencies without payment ofi any additional processing fee. Upon the applicanYs response io.ihe ciied deficiencies the_ reviseii appl'~cation shall be~reviewed by the Developme~t Review Commiltee pursuant to ~ Sec~on 11.02.03.A.3 and 4: Ii ttie applican[ tails io respbnd to the c~ed de~ciencies within 120 days. the applicant must thereatter reinitiate the review pFOCess:and pay an additional iee, as identi.f'red in Section 11.12.00 oi this Code. ~ 5. The Chaimnan ot ihe Development • Review ~ Committee shall notify~ the Community ~ Development Direcior that the Site Plan is ready for presentaiion' io ihe Planning and Sl Lueiw Coury Land Dn~dopm~r~ Cods 11 - 19 Revised T1uou9h 05I15RIh /ldoptEd Jlupus11.1990 Zoning Commission. • ~ 6. The Development Review Committee shali issue a written. repo~t : to the Community . Development Director setting forth findings and conclusions supporting a recommendation ta ~e Pianning:and Zoning Commission for approvai, approvai with condiiions, or deniai ~ of the Prelimin~ry Sife Pian:. . 7. Upon notification irom the Development Review Commitiee~that the Preliminary Siie Plan is cornplete, ihe Cornmunity Developrflent Dic;~tor shaii.piace the application for pretiminary . site plan approval on the next Pianning and Zoning Commission agenda in acxordance witl~ the procedures. sei out in Section 1.1.00.03. . 8. The Community Devetopment Directdr shail ~issue a written report to the Planning and ~ ;.Zoning Comfnission citing ihe reeQmmendafions ot. the:.Development Review Committee ~ ~ and provide a recomrr~endation ot approval.. approval. with conditions or denial oi ttie Site ~ , Plan... - . . . . . . . . 9. : The Planning and Zoning Commission shell ~condud a heacing on the Preliminary Site Plan io determine whether it satisfies the requirements of this Code. The public hearing held on ; the applicaiiork shali be.in~accordance with Section 11.00.04. In reviewing and making a recomme~dation on ihe application and Preliminary Site Pl~n. the Commission shafl use ~ the standards in Section 11.02.07: 10. ~ Wiihin a re~sonableiime of:the.he~ring,.notto.exc~ed 60.day.s ihe Pianning and Zoning - Ccxanmission shall s~bFnit a w~ririen •recommendatiQn ahd findings to the Board_ of County ~ Gomm. 'ission,ers for: approvai, approval, ~witki. condiiions, or denial 01 the Pretiminary Site Plan. . ~ - 11. The Board of ~:~ounty Commissioners shall: consider the. Preliminary Site Plan at a . scheduled~public hearing in accordance with the. reqt~irementS Qf .Section 1.1.00.03. The pubiic hearing he{d on the application shall be in accordance wiW Seclion 11.00.04. ~n ' making: a.decision; on the appl'~cation, the Boac~i. oi Counry Commissioners shali consider . ihe recommendaiior~s of the. Planning and. Zqning Gommission. and the Community Development Director and the standards speciffed in SecC~on 11.Q2.07. 12. Within~a reasonabie ~ime of the~conciusion oi the public hearing. the Board of.County Commissioners will approve. approve wiih conditions or ~leny the application or will direct - ~ ihe Cvmt~t~unit~ Deiveloprr~eni Direcfioc to issue a Preliminary. Site Plan approval, with such ~ vondtions as may be~nec~ssany. B. . REVIEW OF FlNAL SITE ~PLAN~ - ~ ~ 1. The•applic~nt shail submit a~Finai~Site:~Pian-andsupporting documentation for review prior - - to the expiration oi ~te P~climinary Development Order in a form established by the . . . Communiry Developmeni Director. ~ ' . . . 2. 'Wifhin twenty (20): ~warking days of receipt ~ oi the Final Site Plan. the Community . ~ ~ev~lopme~t Qirector sMail: ~ ~ . St tuw.Couih La~d Dw~+1 Cod~ Revisea Tliioti~A: i~Il5A4 . /ldopled Auyust t: t990 11 - 20 - a. Determine that the Fnai Site Pian is complete and ~direct the application to the Development Review Cammittee for turther review; or, ~ b. Deiermine that the inionnation is incomplete and inform the applicant in writing of the missing c:omponents. The applicant may submit a revised Fnal Site Plan within thirty (30} .working days wiihout paymenf of a reapplication fee~ but~ it more than thirty (30) days have elapsed before the applicant resubmiis ihe application. the . appl'icant shali be ~equired to re-initiate the review process and pay an additional iee, as identitied in Section 11.12.00. An application shall be deiermined to be complete only ii the required submittals oi Sec[ion ~ 11.02.10 are provided. ~ . 3. The Communiry Development Director shall review the Fnal Site Plan and determine whether the proposal is in substantial conformity with the approved Preliminary Si1e Plan wittiirt twenty (20) working days. ~ 4. Once a deierminaiion of conformiry is made, the Community Devetopment Director shall . place the application for Fnal Site Plan approval on ihe Board of County Commissioners agenda in acxordance wiih the procedures set out in Section 11.00-03. 5: 7he Community Development Director sh~tl issue a written report setting forth findings and conclusions supporting a recommendation io the Board of Counry Commissioners 1or approval~ approval with conditions. or denial of the Final Sife Plan. 6. Substantial Contomnity: ~ ~ ~ ~ A Fnal Site Pfan witl not be d~emed to be in substantial conformity with the approved Preliminary Sile Plan it i~ a. Departs by more than ten (10) percent from the maximum density or grou~d - . coverage;or ' ~ b. Changes by more than ten (10) percent the iloor area to be devoted to any residen- tial or non-residential use; or . ~Decreases by more than ten (10) pe~cenl the area provided tor pubtic and private~. _ • ~ oper~ space, or Ehanges 1he gefieral location of~such area; or . ~ ~ d ~ Relocates appro~?ed circulation elemen~s to the extent that would decxease: their iuncCwnal'ity, advet'sety aftect surrounding lands and circ~~ation elements, or reduce their etiectiveness as butfers or ameniiies; or e. Signit~cantly afters the arrangemeni~of land uses within the de~re{opment; or ~ ~ t. Significanily alters the characler oi ihe developmeni proposed in the Preliminary ~ ~ Site Plan; or . .g. - Is not consistent wiih ihe S~ Lucie Couhty Cornprehensive Plan. St Lud~ Car~tY la!'d ~""bp'"'"~ Coa. 11 - 21 Revised7Mou9h Ofi~'~'~ AdoDted Aug?~st 1• 1990 7. After the review and Tecommendatiorr of tt~e Community Development Director, the Board ~ of County Commissioners shall conduct a pubiic hearing on the Fnai Site Plan to determine whether it is in:substantial coniormity with the approved Preliminary Siie Plan. The public • heari~g•shall be. in accordance with the procedural rec}uirements of this. Chapter. If the : Board ot.County Commissioners dete[mines.,ihat the Fna1~,Sit~ Plan is in substantial coniormiry with the .approved Preliminary . Site Pi~n, ~it will ` direct the Community DeveiQpment Director to issue a Ffial Development.Orde[; with.such con~tions as may be necessary. ii the Board of County Commissioners determines that the Fnal Site Plan is not in substantial conformiry with the approved Preliminary Site Plan, it shall deny the Finat Site Plan. ~ . 8. ~ Notiiication oi ihe Board of County Commissioners' .~lecision.shati be mailed to all parties and filed with the Communiry Development DirectprR in accordance with. Section . ' . 11:00:0+4(~. . , - ~ 9. Approvai of the Final.Site Plan by the Board of County Commissioners, together with the acceptance of ali conditions associated with that appr.ovai, shall constitute a certified_Final : ~ P{an~ed DevelopmeM Site Plan. 10. Upon approval of~the Finai Site Plan~ the B~ard of Counry ~ommissioners shali direct the . CQ?nmunity Development Director to amend the Oificial Zoning AUas to reileci Planned Unit Development (PUD), Plarmed~Non-Residentia! Development (PMRD) or Ptanned Mixe~ t)s~ Development (PMUD) zoning 1or ihe approved development. ~ . - C. PROJECT PHASING ~ ~ . . . Phasing oi Planned Developments shall be in accordance:with $ectiorts 7.01_03(K) and 7.02.03(I}. ~ D. APPEALS ~ ~ Any~inaE action including approval or deniaf of the p~eliminary PUD site plan by the Board oi Counry Commissioners made in accordance with the provisions oi this Section may be appealed as provided in Section 11.11.fl0: E. MINOR ADJUSTMENTS - . + ~he.Community DeveJopinent Director. may .auth~rize minor adjustm~ents to ~n approved Fnai • . Planned Development Site Plan. SucM minor adjustments shail be~ consistent with the intent and purp~se of the St. Lucie Eounty Gomprehensive Plan, the standards and requirements of this Code, a~c}the deveivpment as approved. and shall be the minimum ne~essar~ to overcome the particular difficulty. Such minor adjusiments shall ,be limiied~ to the tolfpwing: . 1. Increasimg an~ d'nne~sion of any one (1~ primary s.tructu~e or structures by not more than tweniy-frve (25) ~percent; or • ~ . . 2. Altering tbe location ot any one (1) structure or group-of stoudures cotlectively by not more ~ than one hundred (100) teet provided. that the reloqtion does not result in any encroachmeM into an area or areas designated as preserved or othetwise protecied, without the appl'~cant providmg substantial evidence that the preserved or otherwise st cw,~r ~.y,uo.~ow~»~ coa. _ a?ao~tee a,~,n t. ~seo t 1- 22 ~ Rev~sea Tn?ou9?~ osnyu~s protected area is no longer needed or_ has been equitabty compensated for, or 3. increasing the net density oi any one (1) stage or phase by more than ten (y 0) percent; or . q. Altering.the-loqtion of any primary circulation element by not more than fifty (50) feet. ~~Re{ocation of any pr~~ary circulation.,element by more than fifty (50) feet will be considered ; ~ a major adjustment uniessthe relocation results in a reduction.in impervious suriace area; - or, 5, -Altering the (oeation.of any open space by not more ihan one hundced (100) feet; or, g, Reducing the iotat: amount oi open space by. noi more ihan ten (10) percent or reducing the . yard area or open space•associated with any singte structure by not more than ten (10} percent. ?n no case shall the toialCe e u ed undeP thebpian ed deve opmenthd strict - minimum amount ot open spa q b8 e~itted by - ~ regui~twns,vniess otherwise varied by the Board o1 Adjustment or as may p. : ; the other provisions oi this Code; or ~ 7. Alte~ing~the~tocation. type: or quality ot landscaping elements; or, . . . g, Red.ucing the 9~oss density or inte~sity oi the approved development. . ;~i~tice of the auihoriiation oi such rr'?inor adjustments shall be provided to~ihe Board ot ~ounty Gominissioners. ' ~ - F, MAJOR ADJIlSTMENTS. . . ~ 1. Any other adjustment io ihe approved iinai site pian shail be a major adj~~tment and shail be granted onty upon application to and approval by the Board oi Coun4y Commissioners, ~ which may grant approval~lor major adjustments only afti~ned DeVeloprment S e Plan finding that any .proPvs e d ~ a n g e s i n. t h e a p p r o v e d F n a l P ~nri~1 be in.substantial coniormity w!'~ho ior9m jor adjustmen on ~ther gend aoi a Connmissi o n e r s s h a l l p l a c e t h e a p p, regularly scheduled meeting tor arPn bon he ra p pl cat on ha Icbe he d~in accordance with ~ Section 11.40.03. The. public he 9 ~ , Section 11:00.04.. ~ : 2. If the 6oard of Cbunty Commissioners determines ~en hallbr 1er tFie quest t~the ~ substantial coniormity with the original approval, gite . Plan, in Community Development Director for init~ation of a new Preliminary!.- a~~dan~e yyith 1t?e provisions of Section 11.02.05(A) oi ihis Code. . nt Cods ~ Revised Thtou9h 05/15I04 SL Wd~ CovAY ~~?~d Devdopr~ 11 - 23 . " nt~?st 1,199~ • ATTACHMENT 2 APPLICATION SPMJ 06-008 OF ST. LUCIE SELF STORAGE, LLC OFFICE USE ONLY: ~5 ~ M'~ DATE FILED: SP NUMBER:'~~ ~ G"~~ ~~W ~E; RECEIPT NO: RESOLUTION NO: CONCURRENCY FEE: RECEIPT NO: CERT. CAPACTTY NO: ...n;;.~~.-. - - • • , ST. LUCIE COUNTY GROWTH MANAGEMENT 2300 VirginiaAve Fort Pierce, FL 34982 772-462-2822 APPLICATION FOR NIINOR/MAJOR SITE PLAN AND CERTIFICATE OF CAPACITY DIRECTIONS FOR SUBNIITTAL Please complete the requested infortnation and submit all items to the St. Lucie County Growth Management Department, 2300 Virginia Avenue, Ft. Pierce, FL 34982. The proper non-refundable applicarion fee must accompany all applications. For additional details on the information necessary for a submission of a site plan, please refer to Section 11.02.00, St. Lucie County Land Development Code. For assistance in submitting the application, please contact the St. Lucie County Growth Management Department, Planning Division. REVIEW FEES AND THRESHOLD FOR REVIEW Minor Site Plan Major Site Plan ' Required Review $400.00 Less than IO Acres $700.00 Fee 10-50 Acres $850.00 More than 50 Acres $1000.00 =$5/acre over 50 Acres Concunency Fee $200.00 $4~~~ Review Thresholds Residential Development Residential Development Single Family 3 to 10 Lots Single Family >10 Lots Multi Family < 50 Units Mulri 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 Q4,999 SF Commercial Lodging < 6 units Plat Fee (no $250.00 $250.00 im rovements Site Plan Eatension $200.00 $200.00 Type of Site Plan (please check one) Minor Site Plan ~ Major Site Plan ~ Submission of Application Initial submission shall include the following: 1) One (1) original of the completed site plan applicatioa 2) Twenty (20) copies of the site plan gaphics. (24 inches by 36 inches sheets) 3) Twenty (20) copies of tlie landscape plan. 4) Twenty (20) copies of the required boundary and topographic survey. 5) Five (5) copies of the Transpo~tation 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 St. Lucie County Property Appraiser Tax Map (Scale 1200) with property under petition highlighted. AII applications for Site Plan spprovsl must be completed and filed with the depsrtment before 4:30 PM eac6 business day to meet applicnble fiGng deadlines. For an appliation submissioo to be determined complete, all required materials mu~t be present at the time of submission. Project Information Location/Site Address gusiness Pazk Drive Site Plaa Name St. Lucie Business Park Storage 342670200020006 Property Taa ID Number LOT 1, ST. LUCIE BUISNESS PARK, LESS Tf~ SOUTH 19 FEET, ACCORDING TO THE PLAT TT~REOF, Legai Description AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY (attach eztra sheets if necessary) Section 26 TownsLip 37 South ~nge 40 East Parcei Size Acres 1.420 Squsre Footage 61,849 Land Use Zoning District p~ Classi5cation Industial Construction of a six-story, 108,029 s,f. office/mini-storage building and the addition of 19,206 s.f. of pavement to an existing 2,780 s.f. of existing pavement on 1.420 actes in St. Lucie County. Descriptiou of Project Number of Residential Residential Uaits/Subdivided Lots [a] Commercial Total Square Footage ;°4+ L q Type of Construction (C6eck all appropriate boxes) Industrial Totai Square Footsge Piease specify Number and size of outparcels (if applicable) N/A St. Lucie County Application for Minor/Major Site Plan Checklist Have you shown or provided the following required information? Boundary & Topographic Information: (Refer to Section 11.02.09(A)(2), St. Lucie County Land Development Code) Yes No Aerial Photograph (subject property highlighted?) ? Location Sketch Boundary/T'opographic Survey ~ Positive Outfall Floodplain Drainage Basin Boundaries Preliminary, SFWMD Pemut 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 buildin s ~ ~ Identif~cation of maximum Water/Wastewater Facilities buildable area under review ~ ~ Identification of all easements d Identification of all draina e facilities ? Identification of adjacent ~ Location of all streets ~ drivewa s ~ Location of all o en s aces ? Landsca in Plan ? Li htin Plan d Phasin Plan ~ Trans ortation Im act Re ort ~ Environmental Im act Re ort ~ Vegetation Removai Plan ? Sea Turtle Protection Plan ~ If you have answered NO to any item above, please explain why in the space below: Not applicable. FROM :FRISCIR ENGINEERING FAX N0. :7723407996 Apr. 27 2006 04:10PM P2 ~3PEGIAL NOT.IC~ (pLEA$E ItEAD BEFORI~%S1VNmC A~NOWLti~MENTS flFLOVh ntin of siu plan approvai. All appropristC requirements m~ist he met pricx Stibmission of this npp~i~ti~n does not ac?nxt~nrtQ it?e L~ g reyerv¢s the tight to rcqu~t additionat w this proiect baing present~d for ap~ova! to the apprcypriat~ suthority. 4~ Lucic C.ountY information l~ ensure a c(>mplete review of khis pmje~%~- ACKN~)W L~iH~~11SF:N'~'S p~ent Info1'rt~~tien Applics?nt L~for?xetion (Prope?"LY De~'ebpcr) Nsme• Joseph T. Nriacin,l'.~. NAmo: St. ra~~ie Self Stornyc. LLC " 12375 W. SAmple Rd. AdQrcu: SW ~~~~norc Drivc , A~ldress- P~tt St. Lucie, FI. 3498a C;c„'ni $ ri»ga, FL 33M5 772-340-7996 954341-1449 P6one. 772-a4p~99U Taz: Pbone: SGI.-477-41ti5 1?ex: - Prope~'ty O~vner~formNtidn i< ~wneru r~cor~, whiCh shall yerve u~ Sn Thie c~p6cutigii will ix?t hc cottP ~omplde without the noU?tizecl rignechm% ~f all~._ Rck~ciwlaigment c?f lha subminRio ~f ` a~tinafion for Aite plsn ~~'a'~'~1. 1'he pro~+erty owner'a ~i$»aNre ~low shflil atso s~.`Ne as aulhorizatic++~ ~ f'~r tho BboVe~'applicanc or egent ~~hehalf of Aaid propc~~y owne*. ~ ~l f SL Lucio Setf 5+•,raQe L~'C: ~ ;~i ~ ~ .r , 'r ign~trre. PropertY Owner NNa+e`'(1'iearc Print) { ~f z~, Prnperty~, f _ 12375~W.9ampleRosd NonmunSchulmun . M~IIiaR AtWrne• L.l~" I Lf . \ f.'orel 3 rin PL 330~i5 ph~n~; 561-477-4165 c S'rATE, OF ELQBiQ~~) ~ OFFI('r tTSB QN~.Y t'QUNTY nF _ C'TF--• t'tic Poregoing i~i~ls'ument wos acknowlecigcd ~fAt~ mc thie I Pm,ject Rcviewer: rn,~J , 20~. hY URC Review: , dtiy of _ ri~ ~~~~l~~~ rr~hiucecl APPravul U~tc• ~ Amy Elsmore Commeirts, , . ~'~'mission "DD381169 Bxpiresc DrC. 21, 200$ , Ao d 7hrv . 'e onding Inc , . SigniUui~e ot~~ry' : ~I~ f;~?~~._. TypG M Priftt ~ame oCNotary t~pta~y blic , TiUe Commi~aion tJamber (Scai) ATTACHMENT 3 RESOLUTION NO. 88-365 GRANTING PRELIMINARY AND FINAL DEVELOPMENT PLAN APPROVAL FOR ST. LUCIE COMMERCE PARK - PNRD, AND CHANGING THE ZONING - ^ ' : ~ ~:3~3~ ~~~~e , J~ ~Y ~ RESOLUTION NO. 88-365 ~p~~~5 FILE NO: R~-88-056 ~ ~ ~ t~~~ A R,FSOLUTION GRANTING PRELIMINARY AND FINAL DHVELOPMENT PLAN AppROVAL FOR THF PROJSCT KNOWN AS ST. LUCIE CON~IERCE PARR - PN~tD, AND CAANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTY LOCATED IN ST. LUCIE COITNTY, FLdRIDA. WHEREAS, the Board of County Commissioners of St. L cie County, Florida, has made the following determiriations: l. St. Lucie Investment Corp., presented a petition f r a change in zoning f'rom CG (Comcnercial General) to PNRD (PLa ned Non-Resid~ntial District) for the property described in Secti n A below. 2. St. Lucie Investment, Corp., presented a petition for Preliminary and Final Planned Unit Development agproval for the St. Lucie Commerce Park - PNRD I.ocated on that property descr bed in Section A below. 3. The Site Plan Technical Review Committee has revi wed the site plan for the proposed. Planned Unit DeveZopment pro~ect and has found it to meet aIl technical requirements, and to be consistent with the future land use maps from the St. Lu ie County Growth P?anagement Policy Plan. 4. The proposed project is consistent with the gene al purpose, goals, ob~ectives, and standards of the St. Lucie Cou ty Zoning Ordinance, the St. Lucie County Growth Management Pol'cy Plan, and the Code of Ordi.nances of St. Lucie County. ~ soo~ ~~.9 Pac~~ i 0 . ' ~ ~ ~ 5. The proposed project will not have an undue adv rse effect on adjacent proper~y, the character of the neighbor od, traffic conditions, parking, utility facilities, or other ma ters affecting the public health, satety, and general welfare. 6. Al1 reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vici ity through building design, site design, landscaping, and scree 'ng. 7. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and us of neighboring property, in accordance with applicable dist ict regulations. 8. The proposed project will be served by adequa~e pu lic fac}iities and services. ~ I i ~ 9. The applicant has obtained from the St. Lucie Coun y- Fort Pierce Fire Prevention Bureau, written confirmation hat water suppl.y, evacuation facilities, and emergency accesses are satisfactory to provide adequate fire protection. 10. The St. Lucie County Planning and Zoning Commiss on, held a public hearing on the petition ~or a change in zoning and i i Preliminary Plan approva)., after publishing notice at 1 ast ~ ~ fifteen {I5) days prior to the hearing and notifying by ail owners of property within five hundred feet (5Q0') of the sub'ect property, and has recammended that -Ehe Board approve the hereinafter described request for change in zoning classifica ion from CG {Commercial General) to PNRD (Planned Non-Residen ial aao~619 PacEl ~1 ' • ~ ~ District) and grant Preliminary Plan approval for the pro rty described in Section A below. 11. On December 14, 1988, this Board heid a public hea ing on the petition, after publishing a notice of such hearing in the Fort Pierce News Tribune on November 22, 1988, an.d notifyin by mail, all owners of property within 500 feet of the sub ect property. 12. The proposed zoning change is consistent wit~ the St. Lucie County Growth Management Policy Plan and has satisfisd the s~tandards of review set out in Sec-~ion 5.3.300 of the St. L cie County Zoning ~rdinance. NOW, THEREFORE, BE IT RESOLVSD by the Board of Co nty Commissioners of St. Lucie County, Florida: A. The Zoning Classification for that property describe as follows: SEE ATTACHED EXHTBIT A owned by St. Lucie Investment Corp. be and the same is her by, changed from CG (Cominercial General) to PNRD (PLanned on- Residential District} B. Pursuant ~o Section 3.3.124 and 5.1.300 of the St. Lucie County Zoning Ordinance, the Planned Unit Bevelopment/ ite PZan for the proposed project to be known as St. Lucie Co~n rce BOOK ~~c~ PAGE17 ~ . ~ ~ ~ • Park, be, and the same is hereby, approved as shown on the site plan, drawings for the project prepared by Culpepper & Terpe ing, Ine., dated September 29, 1988, (three sheets), date sta ped received by the St. Lucie County Community Development Dir tor on December 14, 1988, subject to the ~ollowing iimi ing conditions: 1. Prior to the issuance of any Certificate o€ Occupancy for the initial primary structure, the developer of the property, St. Lucie Investment Corp.., including any successor thereof, shall install alI requ.ired perim ter landscaping. It shall be the responsibility o.f the developer, or any successor thereto, to maintain his landscape buffer in a hea~.thy and clean manner, in perpetuity. 2. AI1 development within the area described in Part A of this resolution is subject to site plan approval pr.io to the issuance of any building permits, regardless of ~ principal structure size. C. Pursuant to Section 3.3.124(3)(b)(i) of the St. L cie ~ County Zoning Ordinance, only those uses/aativities in the i attached EXHIBIT B are to be permitted in this develop ent project_ Prior the issuance of any zoning campliance or o her form of business authorizations, for any use identifie as "Conditional," all provisions of Section 5.4.Q00 of the St: L cie County Zoning Ordinance shali be complied with. D. The St. Lucie County Community Development Directo is hereby authorized and directed to cause the changes to be mad on the Offi.cial Zaning Map of S~. Lucie County, F'lorida, and to ake nota~ion of reference to the date af adoption of this resolut on. BoaK 6~.9 eA~~~783 . ~ ~ ~ • E. This Planned Non-Residential Development/Site lan approval sha31 expire on December 14, 1990, unless a buii ing permit is issued, or an extension granted in accordance with the provisions of Section 3.3.121(31), of the St. Lucie County Zo ing Ordinance. F. The conditions set forth in Section B are an inte ral and nonseverable part of the Planned Non-Residen ial Development/Site P3an approval granted by this resolution. If any condition set forth in Section B is determined to be inv Iid or unenforceable for any reason and the developer decline to comply voluntarily with that condition, the Planned on- Residential Development/Site Plan approval granted by l~is resolution shall become null and void. G. A copy of this resolution shall be attached to the Planned Non-Residential Development/Site Plan drawings descr bed in Section B, which the plan shall be placed on fiZe with the St. Luoie County Community Development Directar. After motion and second, the vote on this resolution was as follows: ~ Chairperson Judy Culpepper ABSENT Vice-Chairperson Havert L. Fenn AYE Commissioner Jack Krieger AYE Cornmissianer R. Dale Trefelner AYE - Commissioner Jim Minix AYE g~o~ 619 PACE.i 78~ . ` . ~ ~ PASSED AND DULY A.DOPTED this 14~h day of December, 1.9_88.,.;-,. ~_x : . 'c • _ - ` ATTEST: BOARD OF COUNTY COA~k~S~~ R5. ST. LUCIE COUNTY, FLO.. - . : . : 1~,;.~~','.. `::.i::.'-• . ' _ . . ' • . Jiip. . . . . , a . . - , ' . . ' . . . , " ' . . ~ 1~~. A'. . 3°'. . . ' / ~~?c,~-~^ BY ~ `Jaj ' ~ .:CI;ERK _ f . ~ ~ ' Y APPROVED AS TO FO~RM AND ORRECTNESS: L AT N 600K ~~c7 PAGE~ ~~5 % ` ~ ~ ~ t~ ! X. (.t t f~ l~ , ~ , DESCRIP.TION ! A parcel of land .comprised of Lot 8 and a portion of Lots 5, 6, and 7, ail in Block 3 in Section 26,~ Township 36 South, Range 4 ~ East, of Subdivision entitled PLAT.NO. I SAINT ZUCIE GARDENS.as recorded in Plat Book I at Page 35 of the Public Records of St. Lucie Coun.ty, Florida, TOGETHER WITH all th,at portion of the Northwest 1/4 of the Southwest 1/4 of said Section 26, if any, lying adjacent to and y+lest of said Lots ~ a~d,8 and adjacent to and North of that portion of said Lot 7 a.s contained within the total parcel as hereinafter described; the total parcel being. geometricaiiy described as follows: From the POINT OF BEGINNING {P,O.B_j, being the Northwest corne of the Southwest 1/4 of said Section 26, run thence S 89° 40' 29' E along the North line of the Southwest 1/4 of said Section 26, distance bf 532.85 feet to a point, said point bein located N 8° 4-' 40' 29' w of and 418.77 feet distant from the intersection of th Westerly right-of-way 3ine of a 2UD foot wzde right-of-way for U.S, Highway No. 1 and the North line of the Southwest I/4 of said 5ection 26; thence run S 00° 00• 33' E, a distance of 401.0 fe~et; thence run S 62° 28' 23" ~l, a distance of 20.82 feet to the Easterly line of a 33 foot wide A.T. & T. easement;.thence run along the Easteriy ].ine of said A.T_ & T. easement as ~ follows: S 47 ~ 18' 25` a distance of 16_7~ feet; thence run 31° 03' 08' E, a di.stance of 622.74 feet; thence rnn S 28° 20' OS' E, a dista~ce of 282.78 £eet; thence run .S 27.~ 26' 47' E~ a distance of I3$_89 feet to the 3ntersection of the £asterly Iine of said A_T_ & T. easement and the South line of the Northwest 1/4 of the Sou.thwest 1/4 of said Section 26, said i,ntersection point being N 89 ~ 41' 14' W of and 271.72 feet distant .from the Southeast corner of said Lot 5; thence departing from the Easterly line of said A.T_ b T, easement, run N 89 ~ 4i' 14' i,t ~ along the South lin.e of the Northwest 1/4 of the Southwest 1/4 0 said Sec.tion 26, being the South line of said Lots 5, 6 and 8, a distance af 1047.50 feet to the West line of said Section 26; ' thence run N 00 0 02' 06' E aiong the West line of said Section 26, a distance of 1323_55 feet to the POINT OF BEG•Zi~iNZNG. The herein described parcel contains 21_621 acres by calculation of this description. Subject to existing easements, rights-of-Way, restrictions, reservations, afld recorded piats of record_ saox 6~9 PAGE1786 . ~ , r - . ~ ~ . . EY.11'Cli _ f=-_. Sec. 3.;J.000 S'I'. LUC11` COUNTY COD[: . k;r*r~crk.~ir.~.ielr+~..~«r~.^ (b E3eclric ~ransmission rig)ils•ul=way. " fc) ~as pipelinc ri~hls-of-way. (d) G , pressurc cantrol st~Cions. (c) Irri~, ilion distri~uLion clu~nncis. I'ipcli ~ ri6hcs•of•wny and ~ressun conlro~ s[;.iLiotis. (s) Postal s -vicc~. (h) P~otective unctions ~nJ their nlaled uctivitia~. (i) Radio transr '1.ting staliuns and Cowors. (j) Railroad right of•w•ry (excludin~; swi~chin}; :,nd n~,ir+hollin~; yards). (k) Rvpid rail lrnn,i uad strecl r~ilwny ri6his~of•w:ry. (ll Tcicphonc rclny to crs (nucruw~vc). (m) Te(evision transmitU • st~~ions und Tclay towcrs. (8) Accessory uscs: (u) Draina6t ri~;hts-of•w:iy, ~Utin~; pluccs. (c) Motor vchicl~ parking. (d~ Sewage pressure conlrol stalionti. (c) S~wabe trcatment. plants, (I) Swimminq pools. Wutcr pipcliric righlsoLway. (li) Watcr pressurc conlrol sCalions, . (i) Wnlcr ~loragc. (j) Wutcr Creo~menL plunts (purificatiun). Scctiun 3.3.112. CC Cwnmcrciul, Crncrul. varitly of commcrc~ . ~d to scrve a~opuintion ovcr a large marke[.~r u, which do not impose undesirablr noise, vi~ra iun, , offensivo efCecls n (21 Pcrmilled uscsr ~ (a1 Accounting~auJitin6 and bookkeeping services. (b) Advcrtisin{; scrvices. ~ (d) Animal hospital scrviccs. (e) Apparel repair, alter~tiun and cle~ning pick•up services; shoe repuir services. /tirc~des (vidco and mcch~nicaU, 1- , i': ; ,i (F;) Arma~turc rcwindin~; scrvic~s. (h) A~lomobilc an1 lruck runwl urvices. , (i) Beauty und barber services. SFN ~OQB ~ ~ Supn. No, i~ . L._... ~ CU„i.;~.., j ' 1G80 _ aooK6~9 PaCE1 ~ . ~ APPCNDIX A-ZONING ItECULnT10NS Sec. a. .oOQ (j) Dusinees nesociulions. . (kl IIuainess nnd manugement consulting services: (1) IIowling. (m) Civic, eociul and frntcrnul uxsociutions. (n) Commcrcinl prin~ing. (o) Consumcr and mcre~nlile crcdit repnrtin~; ~crviccs; ad}ustm~~~it und collc tion serviccs. (p) Contract conslructiun scrvices (off'icc and inlcrior sloragc oniy). (q> Cullursl aclivilits and nulurc exhibition~. (r1 Dcntul labor.ilory s~rvices. (s1 Dcn~al scrvices. (t) Dctrclivc and pru~cctivc scrvices. (w} Duplicating, mailing nncl stenogr~phic services. (x) Gating placcs. ~Y) Edueationnl and scientiC~c reselrch services. (z) Is'lectricul repnir services. (un) ~mploymen[ scrvices, (bb) [:n~inecrinE, nnd arehitectura! serviccs. (cc) ~quipment rcntal and Icasin6 scrviccs. (dd) ~xecutive legislnlive and judicial functions. (ec) I'inaneiaJ, insurancC and re:il 4staCC srrviceS. ((1~ Funcral and crem~lory services. ' (g6) Gasotine scrvicc sta~ions. (ii) Highway ~nd slrect ribhts•of•way, (jj) Houseliold good~ warcho~sin6 und storat;c, mini•warchouses. (kk) Icc sku~ing. QI) Lubor unions and yimitur labor or~;nniz~iiuns. (nn) Legul scrvices, (oo) Legitimnte thcaters. (pp) Medicnl clinic, outpalienl serviees. (qq) Mcdical laborutory scrvices. (rr) Miniatur4 6olf., ~ ~ (ss) Mobilc food vcndors (c.~tin6 places, fruit~ and vc6etables-rccail). (tt) Mation pictu~-c t}icnters. (uu) hlolor vehicl~; replir services (excluJinb body rep~ir). (vv) Motor vchiclc parkin~;. (ww) Motor vc}iiclc wnsh s~rviccs. (xx} Nuws syndicntc scrvicc,. ~ ~7~--~4A. f . . i;l.: f ~ Supp. No. 11 ~ J~p ' ~ ~ . ~ ~a8i .L_ , i C~::. i . BOOK U1~7 PACF~ 1 OC / ~ Scc. ~.3.000 ST. LUCiI: COUNTY CODL (zz) Photofinishins scrvices. ~ (aaa) Pl~otographic scrvices (includins commcrcial). (bbb} Physicians' scrvices. (ddd) 1'ostal scrvices. (~ec) ProCcssional mcmbcrsliip org~nizacions. • (ffn ProCcctive funuions and thcir rclalcd uctivilics. (g~g) Racquct sports. (hhh) Rudio and television npair services. (iii) Radio and lelevision hroadcastin~; sludios, (only combined systems). (j11) Rndio broadcasting stu~ios (only). (kkk} Rescarch, devclopmenl ~nJ testinb scrviccs. (111) Relnillradc: , (i) Antiques. - (ii) Apnarel ~nd ~CCessorics. fiii) Automotivc, m~rinc cr;~fl, and ~cccssories. (iv) IIakcrics. (v) 13ooks and st~tioncry. (vi) IIuilJin6 malurials, hardwarc and farm cquipment. tvii) Camcras and photographic supplic~. (viii) CanJy, nuts and confuctioncry. (ix) Ccramics nn~l puttcry, (x) Dairy products. (xi) DepnrLmcnt stores. (xii) Direct sc1linb or~;~niz~tions. (xiii) Drubs and proprielary. (xiv) Dry gaods and {;encral mcrchandisc. (xv) E(>gs and poultry. (xvi) I'orm nnd {;ardcn suppfics. (xvii) Fish and s~aCoocls. (xviii) J~lorists. (xix) Fruits and vcgetubles. (xx) Furniturc, homc furnishings and equipmcnt. (xxi) Ceneral slores, (xxii) Cifts, novcltics ~nc! souvenirs. . (xxiii) Crocrrics (wilh or withoul mcat). ~ (xxiv) Jcwclry. (xxv) Limi[ed pricC v~ricly storas. (xxvi) Mail ordcr houses. ' (xxvii) Mcats. (xxviii) NewtipaPers and m~{;azines. . ~ . (xxix) Opliccil ~;ood~. , cr_ ~ p IQ~ Supp. No. 1< s ~ ]G82 . . ' _ ~ • / BDOK6~~ PACF~7 9 i . . . _ ' ~ , . • • APPGNllt\ A-'I,ONINC RI?CULATIONS Sc~ ~.~:000 (xxx) Secondliand mcrchandise. (xxxi} Sporcing goods unJ bicyclcs. (xxxii) ToU~cco products. (mmm) IZcupholslcry and furniturc rcpair scrvicc, • (nnn) Rollcr skuting. (ooo) Spcciai lruining und schooling. (ppp) Swimming areas. , (qqq) Taxicab Lrnnsportution. (crr) Telegraph message ecnlcrs. (sss} Telegruph transmitting and receiving stations (only). ' (Clt) Tclephonc cxchnngc scations. (uuu) 'felephone rclay eowcrs (microwave). (vw) Tclevision broadcasting scudios (only). - (www) 'Il-uding stnmp scrvices. - - r ' ' (xxx) 'I~anspartation Licket services. (yyy) '!1-nvcl urran~ing scrvices. ~~p ~ O'~ (zzz) Ur6un plunnin6 scrvices_ - (aaaa) Vetcrinnrian scrvices. (bbbb) Wntch, clock and jewe)ry repair services. (cccc3 Wclfure und churilable scrviccs. - Seclio 00. (~1` Dimcnsionaf rr,~ulut~u 'mcnsionnl rcquircm~nts sha11 be in nccord~n wilh Tublc 1 in Section 3.2.400. (5) O/j•slrecl par/ting and loadirr~; rc•quirivncnl~ Ofl~-slrcti nnd loadinb rcquir menLS ure subject to Section 3.2.~00. ~ (7) Conditional usrs. ot duli esLablishmcnt, est~blished reli ~ious (acilit 6 y, pubiic or p iv~tc school, ~u ' ;iy~,~round, public p~rk, or any ;irca in zoning district R~1, ItE•2; RS~2, itS 3, 1- \1H•5, Rhf•5, RM-.11, RM•1F3, l~VP, PUD, ur fI;D. fii) For purposes of the distance "'.~tions set forth in subpara6~raPh (i1 6ove, thc mcasurcmen~ shall bc m~dc by ca in~; n straiglil linc from thc main ' cntrancu otlhc Uuildin~ oClhc ACILLIL l']~JLlI1SIlii ~o: a. T}ic main entrancc of thc huil~ling uccupicd Ly an hcr adutt stab• liyhmcnl or any cst:~blishcd reli~;iws f~cilily, or ~ . ~*~4reet. • . . - Supp. No. 11 ~ IG.B~ I BooK 619 Pa~E1790 • , ~ _ Sec. 3.3.000 5'T'. LUC[E COUNTY CODC ~ . ~ (c) Dwclling ~nd othcr builJinb scrvices. (d) Elcctricity regulatin~; suUst~tions. (e) ~Icclrie Lrunsrriission ri~;hls-uf-way. (g) C~5 pipcline zighls•of•way. (h) Gas pressure conlrol s~alions. (jl irri6ation dislribution channcls. (k) Motor vchiclc repair scrvi~cs {includin~ body repair). (1) Pipclinc riE;hls•oC•way and pressurc cunlrol sta~ions. (m) PuLlic nsscinbly, misccliancuus purposcs. (n) Rndio transmi[1.ing sta~ons 6T~-~etei~reeie. ~ ~+~'_'b+Rve*• ~i+i~-f~e,+e?rnci (r) Sports nssembly. ~ (s) Tclcvision trnnsmitting stntions a++~ay-~ewers. (8) Acccsaory uses: (n) Drninage rights-of•wuy. (b) Drinking places (afcoholic beveruges), nccessory to an eating plnce n~~l civic, ~ socinl und frnterno] orgnnixations. (c) Detached single•fnmily dwelling (('or secnrity purposes). (d) Horticultural scrvices. (e) ManuCacturing: (i) Bakcry products. (ii) Cnndy and other conCeclionery producis. (iii) Chocolute and cocoa products. Retnil tradc: . (i) Fuel and i~e. (ii) Undistitlc~l aicohul.ic btvcrabcs (accessory to retail safc oC food?. (g) Sewagc pressurc control st~tions. (h) Sewagc Lre~tnnenL planlq. ~ . (i) Walcr pipclinc righls-oC•wny. (j) Water prtssur~ contro! stations, ~ (k) Wotcr storagc. ' (I) Watcr treatment plants (puri~c~tion). (Ord. No. 8G115, Pt. A, G•25-8G; Ord. No. 86•53, Pt. A, 10•~•86; Ord. No. 8?-1~1, I't. A, 1-2 •87) i_ Sudp. No_ 11 _ 1684 ~ ~ f! ~qr;> 1 ' sooK B19 ~A~E~.791 ` • . . • ~ AP!'LNllI\ A-_'/,pNIJ,1C !{[;CULA'!'IONS ~i Sec. .:I.OOU . ' . , *~~-tieee.~.~y.~_ . . (iii) distilled aJcoholic bcvcrngcs (~cccssory to retail salc offood). ~n Scwng~ I~ +urc cotiUul sl:~[iuns. Sewage trcatcn~ tanls. ~h) WaCor pip~line ~ibhls• w:ty, Wutcr prcasurc caitrul ~t:i~ G7 Wntcr stora6c, {k) Wutcr treniment plancs (p~riGcation). r • r• Scclion 3.3.JIq, jL /nduslrial Li61i~. '~f ~'t!-~iI'e"es'„~-~r~'e'ebd--dr ~i_ 1 l;..... ~ S~DP.No.1$ r. S_p ~ n ~n~~ ti>Rr,.t ? I ~ i eooK 6~9 P~~F~ 792 ' ~ . : ' ' ~ AYl'L•'NllIX A-'LONING 12L:CULA1'lONS 'ec. 3.3.000 \J (2) Pcrmitted uscs: (a) Automobiic and truclt renial scrvices. (b) Contract conslruction scrvices. (d) rlectric transmission ri~;hts•oGway. ~quipment rencat and tcasing scrvices. Fishing uctivitics and rel~leJ nctivitics. (h) Frcight forwarding scrvices, (i) Gas pipelinc ribhls~of•way. (j) Cus pressurc coritrol stations. (k) Cnsotinc scrvicc stalions. (I) Gas utility pipclines, righ[s-of-wny and substntions. (m) Highwoy nnd strccl ribhts•of•way. (n) Hiscoric anJ monument ~ites. Fa~--~,nn~~a . (ii) a{ccry products. ~ (iii) I3~ ~ruscy. (iv) IIroon a~d brushes. ~ (v) Communi tion equipment. • (vi) ConfecCionery nd relnted products. ~ (Y~i) CostumC jewclry; stume novcitics and notions. (viii) D~iry producls. (ix) Eleclricnl li~hling and w'n{~ cquipment. (x) Llcctronic componen[s and a essorics. (xi) Fabricaied structurnl metal pro ts. (xii) Household ap~liancc~. (xiii) Icc. (xiv) Juwclry, silvcrwarc and plated warc. (zv) Lamp shades. _ (xvi) Misccllnncous pl5stic proJucis. • (xvii) Mobilc homes and aeccssorics. (xviii) Marticians' gooJs. (xix) Musica] instrumcnls und parl~. (xx) Ofticc computing and accc>untin~; m:ichincs. (xxi) Pens, pencils and o~her o(lice and urtisLs malerials. ~ ~ I~' Supp. No. ] 2 1G87 SEP 3 1988 ; u J CC;AA!UI;ITYLi~c~',,.. ~ / BOIIK ~J~9 PacE1 93 Sec. 3.~.000 ST. LUCl1's COUNTY COllt: and ~upplics, watchu and clucks. ` ~xxv) 1 'o unJ tclcvisiun rcceiving S~LS, exccpl communicaiion types. (xxvi) Sigh~i~ , ind ~re contrul cquipment. (xxvii) Si6ns nnJ •rtitiin~ clispl:~ys. Exviii) Sm:,ll arms. . (xxix) Toys, amusements, s~u and aChlctic boods. (r) McrchanJisc and vending machinc opcra~ors. (s) Miilwork. (t) Motion picture pro~uction and distriGution servicc~. (u) Motor frci~ht CransporlatiQn. (v) Motor vchicle rcpair nnd scrvices. (w) Mo~or vehiclc parkin6, - (x) News syndicate services. (y) O~her business scrvice. (2) Othcr clectric ul.ilities. (aa) O~her gss utiliticy. (bt~) Othcr pjpcline und Lrnnsmis~jon rights•oC-way and pressure control stntions. (cc) OLhcr trunsporthtion and scrvices nnd arrunycments. fdd) O~hcr ucilities, (ce) Packing and cratin6 scrviccs. ~ (fl) Photo finishing scrviccs. ~ " (gb) Printing nnd publishing. (hh) Radio nnd telcvision broadcasting st~dios, only (combined systems). (ii) Radio broadcasLing studios (only). (ij) Railroad ri~;hts•of•way. (kk) Rnpid rnil CransiC a~ncl strecl roii ri6hls•of~way, (ll) Repuir scrv.ices. (mm) 32esearch and devciopment, and testing scrvices. (nn) Ship, boat building nnd repairinb; Ic~s than forty•live (45) feet. (oo) Sor[in6, ~r~ding and packa6in6 scrvices. (ppJ Taxicab [ransporlacion. ~q4) Tcle67~ph messa~;e cenlers. (rr) Tclcvision bro,~dcastinF ~ludios (only). . (ss) Warchousing and storagc, excluding stockyards. (~l) V?atcr utililics nnd irri~;ution. (uu) Wholesalc tradc: ' G) Motor vehidc and aulom~tivic equipmcnt. (ii) IIecr, winc, and diseillcd ulcuhotic bevera~os. (iii) Cottan. (iv) Dru6s, chemicals and ullicd products. ~ ~ r~~ ~ (v) Dry goods and apparcl. , Supp. No. 12 i ( I~ 1 ~~BB S E P 3 0 ~ i c•~ ~ , r: ~ ~ . . i j BOCRiK Ci~~ PA~E~.79 , . • ' ~ APPL•'ND1X A-60N1NG 1ZI:CUL/~'1'IUNS S a J.:S.OOU . (vi) Eicctrical boods. (vii) Furniturc and home Curnishings. (viii) G~~in. (ix} Groccrics and relatcd produccs. (x) Hardware, plumbing and hcatin6 cyuipmcni, and supplies, (xi) I•Iides, skins and raw furs. (xii) Lcaf tobacco. (xiii) LumUer nnd othcr buildins m;~terinls. (xiv) Machi'nery, eGuipment, and supplies. (xv) Papcr and paper Products. (xvi) Tobzcco xnd lobacco products. (xvii) Wool and mohuir. Sect~ 400. - (4) Dimensional ~cgulor~~ . 'mensional requirements shall be in accord nce with Table 1 in Seclion ~.2.900. (5) ~~~strce~ parkinb~ and loaclin1; «quirerncitls, O!T-~~r~ ing and loadin require• ments nre subjecl to Seclion 3.2.500, ( . (7) Condiciona! uses: ~ > LL«kewlL.!`+ud~L:, • (b) Cnnning and prescrving otfruits; vc6etables, and seafood. • (c) c;ng.und finishing oCtexiiles (except wool fabrics nnd knit goods), (d) N iport tandinb/takcoff pads. . (e) Mu ifacturing: (i) D ot and shoc cut slock aod findings. (ii) Bru d nnci narrow woven fubrics nnd other smail wares (cotton, an-made fibcrs silk and wool). . . (iii) Cut sto e and slane products. (iv) Felt goo (except woven fclts and hats}, (v) Footwrar ( cept rubbcr). ~ (vi) Furnilure an fixturca. . (vii) Grain mill pro cls. (viii) Hnndbags and o er pcrsonal tca~hcr goods. (ix) Industrial leathcr clting and packing. (x) Knit goods. (xi) Lace ~;oods. (xii) Lcather and shecp-lined tiic~ clothin{;. ~ (xiii) Le~ther glovcs and n~ittcn . ~ r ~j~ i i~;;~T (xivl Lv ~ ~ ~ ~ ' ~ 6~p6e• --5 ~ I ~ SQ~ 3 0 s~P,. No. ~s 1680 ; ~ ~ CGMrn~r;itr ecti;~~: ~.:~r,[ Sr IU~,F ~u f i ~ _ . BOOK ~~,9 PAEF179 i i' a - _ - Sec. 3.3.000 ST. LUCI~~COUN'fY CODC ~ (xv~ Othcr fabricated metal producEs, m~nufacturing; NEC. (xviii) thcr food prcp:traliqns anJ kindred producls, NLC. (xix) O cr lcathcr products, I~tIsC. (xx) Oth~ lumbcr ~nc1 wood proJucts, cxccpt furni[urc. (xxi) O~hcr o inuncc and acccssorics. ~ (xxii) Other tex~ e goods. (xxiii) Oiher trunsp tation equipment. {xxiv) Padding nnd up Istery filling. (xxv) Processin~ wnste n recovering fibers nnd llock. (xxvi) Tire cord und Cabric. (xxvii) Tobncco produeis manuia • uring. (xxviii). Wood con[ainers. (xxiz) Ynrns und threads. Mnrinc tcrminnls (frcight), (h) Other combined radio and teievision communication, NEC. (i) Other communication, N~C. (j) Other marine crafi trnnsportution, N~C. (n) Other lransportation, communication nnd utilitics. • {p) Rndio lrensmittin6 stations e~d-bs,re,~„ (q) Tclephone relay towers (microwave). (r) Televisiontransmiltingstalionsw«i~..y..~rr«n~ (s) Wholceatc: ~ . , (i) Othcr furm producls, NGC. {ii) Othcr wholesalc tradc, NEC. (8) Accessory uses subjcCl lo thr ~cyuiremrnta o~Seclian 3.2.100, including: (n) Co•generntion facilities. (b) rucling fnciGtics. , ~ • (d)~ Onc decached singlc•Camily dwclling for security purposes per property. (c) One mobilc home for securily pur.poses per propcriy. tn Retail trude accessory to the primary-n~«..uG,.rltiri„~.tl,•wholcsaling vse. 5ewagc trcalment plants. (h) Sewabc sludge drying beds. r - _ (i) Sewabo pressure contro! statione. , r-, (Ord. No. 86-45, ?t. A, 6-25-86) ~ 1'V ~ ~,~1 j - I : : Supp. No. I2 i j SEP 3 O. ; J~ ' 1GD0 . ~ , ~ CGL: ~ . ' 9~Q ~c~5 JAN 17 P(2 ~04 , _ DO~U' ~ - - S T. ~ (J; r j i " ~ soo~ 6~.9 PA~E1 96 ATTACHM ENT 4 RESOLUTION NO. 90-27 GRANTING SITE PLAN APPROVAL ~~OR ST. LUCIE BUSINESS PARK, LOTS 1-4 AND 11-13 May 20 05 02;22p ' Lucie County 5F 462-1581 P.14 ~ - 10 2 8 4 3 5 r:. p -1 c~~`'~`~'~ ~ ~ , ` ( , ^ ~ S ~ - r'~ L'y'.AS DIgON J,,n I ' j~'l,~ K`Cfe~Wit (A!~ 'G ulI g Dy. RESOLUTION NO. 90-27 CQ~ Tota] a~f 5.,. F~Y L~~ , 8 RESOLUTION GRHNTING SITS ~ZS e L. ~ PLAN BPPROVAL FOR g PROJECT KNOWN HS ST. LUCIE BUSINESS - - - - - - - - PARR, LOTS 1-4 and 11-13 5 6 WFiEREAS, the Board of County Commissioners of St. Lucie 7 County, Florida, has made the follnwing deterrninations: 8 - 9 I l. A four ( 4) buildina ratai2 /indu~tr~ a1 ~-r,mn~ o,r I I 10 project has been proposed for location in the S~. Lucie 11 Business Park S/D, which prdject is to be known as St_ 12 Luci~ Business Par3c - Lofis 1-4 and II-13. 13 2. The Development Review Committee has reviewed the 14 site plan for the proposed project and has found it 15 to meet a11 technical requirements, and to be 16 consistent wi-~h both the existing zoning and the 17 future land use maps from the ~t. Lucie Coanty i$ Cotaprehensive Plan_ 19 3. The proposed project, does not requ3re .the 20 preparation of a traffic iinpact report. 21 4. The proposed pro~ect is consistent with the 22 general purpose, goals, objectives, and standards of the 23 St. Lucie County Zoning Ordinance, the St_ Lucie Coun-~y 24 . Comprehensive Plan, and the Code of Ordinances of St. 2~` Lucie County. 26 5. The proposed project will not have an ~ndue 27 adverse effect on adjacent property, the character of 2a the neighborhood, traffic conditions, parking, utility ~o~K 679 ~Q~E1758 May 20 05 02:23p S* Lucie County 56'-462-1581 p_15 . - . _ ~ ~ ~ 1 facilities, or other ma'Eters affecting the public health, 2 safety and general welfare. 3 6. AlI reasonable steps have been taken to minimize 4 any adverse effect of the proposed project on the 5 immediate vicinity through building design, site design, 6 landscaping and screening. 7 7. The proposed project will be constructed, arranged 8 and operated so as not to interfere with the deveiopment 9 and use of neighboring property, in accordance with 10 applicable district regulations. 11 g. The proposed project will be served by adequate 12 public faczZities and services. 13 9, The applicant has obtained from the St. Lucie 14 County - Fort Pierce ~ire Prevention Bureau written 15 confirmation tliat water supply, evacuat~.on facili.ties, 16 and emergency access are satisfactory to provide 17 adequate fire prote~tian_ 18 19 NOW, THEREFORS, BE IT RESOLVED by the Boar~ of County 20 Commissioners of St. Lucie County, Florida: 21 A. Pursuant ~o Secti~n 5.1.300 of the St. Lucie 22 County Zoning Ordinance~ the site pZan for the proposed 23 project to be known as St. Lucie Business Park - Lots 24 1-4 and Z1-13, ba, and the same is hereby, approved as 25 shown on the site .pZan drawings for the pro,~ect 26 prepared by Kidley & Associates, dated December lI, 27 1989, and date stamped received by the St_ Lucie 28 County Comrnunity Deveiopment Director on De~ember 22, ~oo~ 679 PAGE~~J~ I r~a~ ~u u~ u~:~:ip Lucie County 56' -462-1581 p.16 . ~ • ~ ~ 1 1989, subject to the following conditions: 2 3 1. All £ire protection systems required within ' these structures shall be completed, tested, 4 inspected and certified operatinnal by the Fire Marshal ~rior to thp ~.ccuat~re o~' ~nv 5 Certificate of Occupaacy, for any portion of this project. 6 Caamnencing the first peak season, following t}so `i t~ct~~+t~+n nf ~~e fi ~^ot 1~~ti~i 1'i~ w~. : i .41.... _ :c - ~ developer of St. Lucfe Business Park shall be $ required to conduct a traffic signal warrant study at the intersection of Business Park g Drive and South US #1. If a signal is found to be warranted~ the developex shall be 10 responsible for the permitting, constzvctioa, installation, and, upon request, the Z1 conveyan~e of the signal to the appropriate governmental entity. constructiOn of 'the signal 12 shall include all roadway alteratioa work as ~ay be required 6y the Florida Depar-F.~eat of 13 Traasportation and St. I,ucie Couaty. 14 T73e first monitorin,g reporrt sha~ ~ be dtae on gpril 1, 1990, and on every gpril ist there 15 after, until one year followiag the issuance of the Zast Certificate of Occupancy in the 16 subdivision known as St. Lucie Business park. 17 3- SII per3meter landscaping shall be installed so as ,to permit the free f~owiag movement of ~8 vehicles. I~To obstructions such as, but not Iimited to, trees, signs, 3nd 1ig3~t posts, shai~ 19 be located within five feet of the edge af any vehicle travelway. 20 4_ The terms and cor?ditions of Resolution 88 -365 2I are incorporated as a part of this development 22 approval. This condition is specifically intended to include the list of au~thorized uses, as recordeti in OR Book 6I6, Pages 1793 thru 1796_ 23 5. No building pezmits shall be issued for Suildings 2~ ##2 or ##4 unt31 such time as St. Lucie County is provided cop~es all legally recorded 25 and er?forcanble documeatafiion abandoning the indicated AT&T easement traversing the site 26 plan. 2~ 6_ Unless otherwise noted at the time of buildinq t)AI'Dl~ aT71~ i ra{-{nn tl~o C'F'JTr~'~T~a Fy~- r.t,... 28 ~ determinatiou of this prolects required Road I I 600KU7~ PAGf~~VO May 20 05 02:23p ' Lucie County 5F 462-1581 p_17 _ , ~ 1 Impact Fees shall be the GENTsRAL INDUSTRIBL rate. If the general industrial rate is remitted at 2 that ti~e, no zoning coa~pl3ance or other business authorizations will be granted to any use 3 determined to be primarily retail or otherwise representative of a General C~ercia2 4 tyge use, unless the correspondiag difference iII Road Impact Fees is remitted to St. Lucie 5 County. The amnunt of any future rem.ittance is to be detez~mined by the prevailing fee schedule 6 fn effect at the time of application for zoning compliance or authorization, and not 7 retroactive to tbe date of building pernit issuance. 8 9 B. The property on which this development will ~take 10 place is described as fo~lows: 11 i,OTS 1 THRU 4 AND LOTS 11 TBRU 13, St. Lucie Business Park SfD 12 13 C. This site plan shall eapire on Pebruary b, 1991, 14 unless a building permit is issued or a site plan 15 approval estension granted in accordance with Section 16 5.1.300(9), St. Lucie County Zoning Ordinance. 17 18 1~ _ Thc ~nnrii ti nnc Gnt fnri-li i n Cf?r,f-? nn A ~ra. an 19 ` I intearal anr3 nonseve.rabJ_e nart- ~t tha cific? nl an annrr~val I I 20 - - - granted by this resolution. If any condition set 21 forth in Section A is determined to be invalid or 22 unenforceable for any reason and the developer declines 23 to comply voluntarily with that condition, the site plan 24 approval granted by this resolution shall become null 25 and void. 26 27 B. This approval is of a conceptual site plan and 28 I BooK679 ~A~~~.761 May 20 05 02:24p ' Lucie Count~ 5P 46z-1581 p.18 • s ~ 1 shall become final upon submissiar~ of detailed buildingl 2 and 2andscape plans. Such plans shall compZy withl 3 all applicable County ordinances, regt~lations, and 4 requirements, and 5hali include written verif~cation~ 5 ~rom the public or private utili~y.intending to serve 6 the pro~ect that sufficient capacity exists, 7 water/wastewater, in that utility system to meet th 8 demands of tha~ deveYopment. In the event of a 9 private utility, this staternent of verification must 10 be accompanied by a concurring staternent from the li Florida Department of Environmen~al Regulation. 12 13 F. A copy of this resolution shall be attached to ~ 14 the site plan drawings described in Section A, which plan Z5 shail be on file with the St. Lucie Courcty Col~t~ni~y 16 DeveZopment Director. 17 18 After motion and second, the vote on this resolution was i9 as folZows: 20 Chairntan R_ Dale TrefeZner pyE 21 Vice-CYiairman Havert Fenrz p,yg 22 Commissioner Judy Clilpepper ABSENT 23 Commissioner Jim Minix ABSENT 24 Coinsnissioner Jack Krieger Ayg 25 26 PASSED AND DULY BDOPTED this 6th day of Februaxy, 1990. 27 28 aaa~c ~79 PACE~ 7~2 May 20 05 02:24p Lucie Count~ SE 462-1581 p.19 - • • I 2 BOAP.D OF COi1IQTY C02gtISSIOPIERS ST. I,UCIE COUNTY, FLORIDg 3 4 BY ~ • ~ < ~ : ` `sc . CFiAIRMAN . 5 A~`~. .'.{"'Y1 • Ti c - ' 1 ` , 6 ATTEST: BPPROV BS TO FORM BND •;.r-' ~ ~'I C CTN~SS = i 7 ,~.,''~~"'3~ ~ y ' ,,.1 t $ '~~.T; j: ~iL7~~` II' ~ Y t.~. ,,~tEP[JT E CO TY 8 O ~:/A,p 9 >''t~~ ~ 'c . . ~ ~xji.:: a' n" /1~< . 1: j~~.. ~ ~ ` ~ % ' V'~'r~. E?~'. ~?=~';,p~ 1 z , _ 12 :.y ~ . : ,w 13 , . 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Fbid~ 33a01 - Slta Pie~ 1r~7)6B0•5522 OZ~d TBST-Z9~ dS R~uno~ aton~ , d~z:ZO SO OZ ReW ATTACHMENT 5 CROSS EASEMENT FOR SHARED DRIVEWAY OR BOOK 1225 PAGE 1314 - 05/26/1999 . . ~ . . . , ~ : . r~ . . . . . . . ~ ' ' _ ' . _ . _ _ ~ ~ • _i . . . . . ' . ,:~-Yr ~ ~ ~ a. , . • ~ - ~ ~ d t ~ . . . - . ;.'t . r , ' ' t JoRrw~e Hol~en~ Clerk of the Circult Court - St. Lucie Cou~tr File lM~ber:1722937 OR BOOK 1225 PA6E 1314 Recorded: 05-26-99 12:16 P.M. 7et.'s~a p,q.d br DOUmAS E OOiANO Ou~ Ilndlltq~m i~ao s ~ eu~p.q. sre ~oo r.,ce~ w.~aosi~ csan+~~a~ ~ , ~O~iA~?~Y[EORLfilV6WAY '1~ R~FMl1Rfi ~k ~7 ~eetl Ai ~ Aq d~, i999. Ey ~d ta~em SI'. ~ Ul~ QiV6SI1~Ni001tP. (ST. LQClC~jjrtl (,OU61. APPIGPlMI~ 7Rlb7tElJNDt]t t~1ND7RUS1' AORE~~(1' 7RlbT N0. 9~1(lJl~. 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Q~dp~, Q b ary pa~m w~ i4 Iea~mmrti~a~fna' ' aqtsaot~.abytramdaybmam~f~sdw~ R K~ i~Y. i imm, aamQ~, a aiR a a~ew'~ Pa'~. Iwew. tr ad~ pry iol ~ rt~u.ak for ia4.l ~re dhaotd misot le 6iK.way. k; ~V N?INB~ Wf~01~ ee {~e~ Aweo~ed Ii~ Fa~ut oEca~~ed ~ f~ ~a. sd fiair fi i~ mpus s~Y O be heas~ ~Ibied Iry hi pq~r dfmf hnauo ArY alprmd. m Ie ~ ad yQ fif t § ~o~e+rr~ l'Y1~~IY~~~MY~Y.~~ ~ /~-t• S~~ ~/v~ ~ ~ ~ 4 . . , . , . • ' i ' . . ` . . . . . . . ~ . ~ ~ ' l , ~_t . ~ ~ , . . . - _ . . . . . . . . . . . . . ' ~ " ~ . . . "3 : ~ i: . . . . . ~ . . . . ~ . . _ ~ . . . ~ ~ . ~ . ~ ~ f . - . ~ . . ' . ~ . . ' ' . ~ . ~ , ' . ~ ' . ' ~ ' . . . ' . ' . . . t , , t _ . , . , ' . , ~'a 1 • _ ' " - li , ~t ; . , _ ~ Wme83: SI'. I11C~ IIWBti'I11~P QORP. E i • . ~ v f' y; : `1: . ~ , . ~ ''w` Rc~cd R C'~r, ce Head ~t ; ~ ~ ' - Ze1,., K. R.. (C.apa~ Soq r, VJ ~ Ev~•` ~ •,c'`-, f`: - i - Ls ~ ~ ~ ~ M ~ r~l ~ . App~ Thnlee ~ a ~ N SfA1E OF F1ARmA i N ~OtJN1Y OF S'f. 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Qt BD01( 1225 PN6E 1320 ~f D'Ib~t 1~ ~iVLWAY S1: L[~il~IVf6f~11'~ Ai~D Im~l A!li~1~1[i,114b'1~ lot 11ffi be 9u! 19 iet e~t d~ lni Bri~ Pak ~ pQ de pY ~aad ~muded 'o PYt Bmt b. ~t Plp 9aee A~ af d A~e lroud~ af g. Lde (beqr. Rc~id~ ~ ~ ~ , I I ~ 1 ! C ~ ;i ~t i' ~ ' ...n.....+~.u.~.ir. s i E ~ i ~ ATTACHMENT 6 DEVELOPER'S MEETING WITH PROPERTY OWNERS 09/13/2006 o invitation to the meeting o List of those invited o Meeting notes STACIE L. C. MCELROY 772-464-7700 x. 6708 smcelroy@deanmead.com September 1, 2006 «OwnerName» « AddressLine 1» «AddressLine2» . «CityStateZIP» Re: Meeting Invitation from St. Lucie Self Storage, LLC Dear Property Owner: You are receiving this letter because the St. Lucie County Property Appraiser's records indicate that you own property in or near the St. Lucie Business Park in Port St. Lucie, Florida. You are invited to attend a presentation by St. Lucie Self Storage, LLC, one of your neighboring propetty owners, about their plans for developing their parcel into a first-class self-storage facility. An informal meeting will be held on September 13, 2006 at 6:00 p.m. The meeting will take piace at the Holiday Inn located at 10120 S. Federal Hwy_, Port St Lucie, Florida. Representatives of St. Lucie Self Storage will be present to discuss their development plans and to answer questions about their new facility. The plans presently call for a six (6) story stucco building. The bottom level will include office space and meeting rooms. The upper Ievels will be devoted to self-storage units. Plans will be available foz your review at the meeting. Please share this invitation with any tenants you may be leasing the property to at this time. Please cali my office at (772) 464-7700 or email me at smcekoy@,deanmead.com to let me know if you will be able to attend this meeting. Sincerely, Stacie L. Carpenter McElroy SLCM: ' OwnerName AddressLinel AddressLine2 Adams Ranch, Inc. 26003 Orange Avenue Addy's Cafe and Bakery, Inc. 208 Ramie Lane Aerosoft Technical Services, Inc. 4200 N AlA #1113 Alan Bucchino 8265 W 18th Ave Atlantic Mortgage Funding, Inc. 8491 S US Highway 1 Best Financial Services, LLC 10302 S Federal Highway, Suite 161 Beverly A Martino 30 McIntosh Court Desert Vipers of Florida, Inc. 8259 S US Highway 1 EMGI LLC 21063 Bella Vista Circle Indian River Narional Bank 958 20th Place Infinity International Group of Florida LLC 8507 S Federal Highway Joseph G Miller, Trustee 5500 Orange Ave Josephine L Cameron / Sarah Y Richeson Post Office Box 777 Killavaney Property Company 110 Bridge Road Majesty Florida Limited Partnership Post O~ce Box 31276 Mark Stevens / Ginette Stevens 164 NE Elm Terrace Mehan & Femandez Realty Corp. 8521 S US Highway 1 Mehan & Femandez Realty Corp. 8737 Bally Bunion Road Noah Blum 900 Virginia Ave Suite 10 Noland Properties„ Inc.. c/o Tax Administrator 80 29th Street Normand Properties, LLC 8489 S Federal Highway #16 Pellerin Insurance Agency, Inc. 569 NE L'una Vias PSL Professional Center, LLC c/o Leeward Realty Group 6698 S US Highway 1 R.A.A. Properties LLC 8229 S US Highway 1 R.V. Howard and Associates, Inc. 8495 S US Highway 1 Reb Oil Leasing, Inc. Post Office Box 3120 RIGS Inc. c/o Roland B Verfaillie 8241 S US Highway 1 Robert J Carell 8267 S Federal Highway Sharyn B Stolzenberg-Cera 5981 SW 37th Terrace SMG Company, LLC 7305 Elyse Circle Sovran Acquisirion Ltd. Partnership 6467 Main Street St. Lucie Business Park L.L.C. 2240 Woolbright Road #300 St. Lucie Inveshnent Cotp 2601 Biscayne Blvd St. Lucie Palm Center L.L.C. 2240 Woolbright Road #300 Tescor Properties L.L.C. 8479 SE Federal Highway Wiliiam G Pembroke 8517 S US Highway 1 . CityStateZIP Fort Pierce, Florida 34979-2909 Port St. Lucie, Florida 34952 Fort Pierce, Elorida 34949 Hialeah, Florida 33014-3266 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952 Malveme, New York 11565-1024 Port St. Lucie, Florida 34952 Boca Raton, Florida 33428 Vero Beach, Florida 32960 Port St. Lucie, Florida 34952 Fort Pierce, Florida 34947-1309 Fort Pierce, Florida 34954-0777 Tequesta, Florida 33469 St. Louis, Missouri 63131 Jensen Beach, Florida 34957 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34986 Fort Pierce, Fionda 34982 Newport News, Virgina 2360?-0971 Port St. Lucie, Florida 34952 Jensen Beach, Florida 34957 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952 Stuart, Florida 34995-3120 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952-2859 Dania Beach, Florida 33312 Port St. Lucie, Florida 34952 Buffalo, New York 14221-5890 Boynton Beach, Florida 33426 Miami, Florida 33137-4532 Boynton Beach, Florida 33426-6363 Port St. Lucie, Florida 34952 Port St. Lucie, Florida 34952 a`~--- 9~'~ - - - - _ _ - _ ~ , . ~~...._~__s~~~_-~~.--- ~--$~-o~ ~~ro~ ~4~.~.~;_~.~.~ C~r.1~.~.b'_~_) ~X~ = i' 25 4~.~ ~ a~~u ~ c~ ~ e ~ - - ----------~~~'31 --~-lr?O ~1. --L~L. ~q-~v_a.~, d.~,d~~.~t ~r i - - - ~ `~~~-~.~.~.~.~3 ca.. acn..~,~~ ~ _ . _ ~,1~~ ~ ~ ---_c.~.~.~.~ ~__~.~..5~_ u~- ; : ~ ~ - - i i ~ \41 ad 9SJ~.zs._~_- '~-1` ' - :'?~~-~-~--~~~°~-?--5~~-~= '~~o--~~~--vo_._~x~_t~.~.~,?~a.r~~ °~9--~---- -l ~ _t.t~.l~.--C~if~._`-~.L'C ~ `~-~B.t~o-t~~~~-~ ~~~SC~.t~ i!, i!: -----------r--- - i~'/,,n • ~ ? ' ' ~~i~-`~ -'"L~~= - - °-A~l-a~--' 'C ii T------ , j~; . . , ~ _~rr., v-~ ~90~.~.~_ ?..~,~.~o v.~u~ _ . ~--T n~~ __.~~~!1..~... ~ ~ ~JS.l.xltd~_~ c~ ~ ~.~1S.~~S~ _~L~G~ , . ~ • _~.u -4 n9T Q~_~__.,r,ci ~ ~ ._.Q__..~.~ - . „ !~~1~..~_~s~x,--~,,_ .~v~.o,.D__.zd~..~~_C~...~a~~- . ; . ` - - i ~ ~ ~ _G~~_ . • - _ 9~ , ~ - ~~~~_Qvs?~~s 4x±~C.~t'___. ~ ( L-~i 1 ,~~C) _ ' . - - - i ------------1'-'------------------ ~I i~ ~i _ _ _ ~ ~i - _ . . , : . ~i. ' " .____..._..."__'_'__._.__,__y..:^__'--_"""--"__""_'_"_"_"_'_'__"'"_____"'-_'______"""__'_`_-'-__'__""_ I' -~--------._......--~--._.__l_._-___..--------------°--------------------~----------•--- I'. li i~: ......__"_"'"_"__'__.T ' ' BOARD OF ~ GROWTH COUNTY ~ MANAGEMENT COMMISSIONERS . • . • December 30, 2008 Joe Smith 1800 Anywhere DR. Anywhere, FL 34982 St. Lucie Business Park Storage PNRD 06-008 In accordance with the St. Lucie County Land Development Code, you are hereby advised that St. Lucie Self Storage, LLC presented a petirion to St. Lucie County to grant approval for a Preliminary / Final PNRD (Planned Non-Residential Development) Site Plan for the project lmown as St. Lucie Business Park Storage Planned Non- Residenrial Development, for the following described property: Location: I.ot #1 St. L.ucie Business Park on Business Park Drive, 610 feet West of US Highway i and across US Highway 1 from Mediterranean Avenue. Legal Description: LOT 1, ST. LUCIE BUSINESS PARK, LESS THE SOUTH 19 FEET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. LUCIE COUNTY. SECTION 26, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRES PARCEL CONTROL NLJMBER: 342670200020006 The Planning and Zoning Commission public hearing on the petition will be held at 6:00 P.M., or as soon thereafter as possible, on Thursdav, Januarv 15, 2009, County Commissioner's Chambers, SG Lucie County Adminisdation Annex Building, 2300 ~rginia 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 confact 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 Planning and Zoning Commission aze electronically recorded. If a person decides to appeal any decision made by the Pianning and Zoning Commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings. For such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be swom 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 forwazd this norice to the new owner. Please call (772) 461-2822 if you have any questions, and refer to the project name and number listed above. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION /S/ SUSAN CARON, CAAIRMAN Form No. 07-12 CHRIS DZADOVSKY, District No. 1• DOUG COWARD, District No. 2• PAULA A. LEWIS, District No. 3• CHARI.ES GRANDE, Disuict No. 4• CHRIS CRAFT, District No. 5 County Administrator - Douglas M. Anderson Website: www.stlucieco.aov 2300 Virginia Avenue - Fort Pierce, FL. 34982-5652 GROWTH MANAGEMENT - Phone (772) 462-2822 FAX (772) 462-1581 ST. LUCIE COUNTY PLAN1vING AND ZONING COMMISSION PUBLIC HEARING AGENDA JANUARY 15, 2009 NOTICE OF PROPOSED PRELIMINARY / FLNAL PNRD S1TE PLAN The St Lucie County Planning and Zoning Commis- sion is scheduled to review and makc re~ommendatlons regarding the following item peti6oncd by the applicant for adoption by [he Board o[ County Commissioners o[ St. Lucie County, Flotida, by resolution. RESOLUTION NO. 09-008 A RESOLUTION OF THE BOARD OF COUNTY COMMLS- SIONERS OF ST. LUCIE COUNTY GRANTA7G APPROV- AL FOR A PRELIMINARY / FINAL PNRD (PLANNED NON-RESIDENTIAI, DEVELOPMENT) SITE PLAN FOR THE PROIECT KNOWN AS ST LUCIE BUSINESS PARK STORAGE PLANNED NON-RESIDPNTIAL DEVELOP- MENI LOCATED A7 THE PNRD (PLANNID NON- RESI- DENT[AL DEVELOPMEN7) ZOMNG DISTRICT FOR CERTAW PROPERTY IN ST. LUCIE COUNTY, FLORIDA. APPLICANT: St. Cucic Self Storage, LLC FILE NUMBER: PNRD D6-0OS LEGAL DESCRIPTION~. LOT 1, S'f. LUCIE BUS4 NESS PARK, LESS THE SOUTH 19 FEET, ACCORD- ~ ING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 28, PAGE 9A, PUBLIC RECORDS OF ST. WCIE COUNTY. SECfION ?b, TOWNSHIP 36 SOUTH, RANGE 40 EAST, CONTAINING 1.42 ACRFS PARCELCONI'ROLNUMBER~ 3426?020007A006 LOCATION: Lot SI Sc Lucie Businus Pvk on Busi- ness Pazk Drive, 610 feu Wut of US Highway 1~nd across US Aighway 1 from Medi¢nmean Avenue. PURYOSE: T6e petuioner is proposing a 6-story, I04,369 squaze foot, self- storage building, w6ich is a modifiatlon ro rhe exiseing site plan approval Mat Wows for a 26,670 squaze foot one-story building and a sherW dnveway. ~ . . . . . . ~ ~ - . I. J ; ~ . . s~aM~ . ,Mb \ ~ , _ , ~ , _ , The Planning and Zoning Commissioa PUBLIC HEAR- ~ ING on this item will be held in Ne Commisaion Cham- bers, Rogcr Poitrss Annex, 7rd Floor, Se Lucie County Adminisaation Building, 2300 Virginia Avenue, Fort ~ Pierce, f7orida on Thur.eda~. ianuary I5. 2009. be- ginning a[ ¢;QQ~m. or u soon thveaIIer as possible. All imues¢d persons will be given an opportunity to be heW. Written comments received ia advnnce of the pub6c heaang will also be considered. Wriam comments m the Pl~nning and Zoning Commission should be received by rhe Growth Man- agement Depazunent - Planning Division at last 3 days prioc m the scheduled hearing. The petiuon file n available [or ~eview at Ne Grow[h Management Depuvncnt ofhces laated ac 2300 Vixginia Avenuq 2nd Floor, Fort Pierce, floridn, during regu7sr . businushours. Pleauca11772/462-2822orT'DD777/462-1428 if you have any questions or require additional infotmation. The St. Lucie County Planning and Zoning Commission has the power ro review and recommend r.o the Se Lucie Coun- ry Boazd of Counry Commissionws, for approval or duap- proval, any applicabons within their azea of responsibility. The proceedings of ehe Planning and Zoning Commission aze electronically mcorded. PURSUANT TO Sec[ion 286.0105, Florida SWlutes, if a person Aaidu ro appeal any decision made by the Planning and Zoning Commission wiN tespea ro any mattet wnsidwed ae a meeting or hearing, he or she will need a iecord of tt~e proceedings. For wch putpose, he ~ or she may need m ensure tha[ a verbatim record of tt~e pm- ceedings is made, which record includes Ne aatimony and evi- dence upon which the appul is to Ce bazed. Upon the requese of any party to tl~e praeeding, individuils restifying dunng a hearing wil] be swom in. Any party to [he proceeding will be granted an opponunity ro cross-ezamine any individuel Cestifying during a hearing upon requcst. If it btcomes nec- essary, a public heazing may be continued eo a date-certain. ~ Anyone with a disability requiring accammodauon to ac- tend chis mecting should conac~ the Se Lucie Counry Com- munity Services Diteetor at kast fony-eighc (48) hours prior to the meeung at 7'77J462-1777 ot T.D.D. 777J462-1428. PLANMNG AND ZONING COMMISSION/ LOCAL PLANNING AGENCY . ST. LUCIE COUNTY, FLORmA /S/SUSAN CARON, CRAIRMwN PUBL[SFi DATE: January 5, 2009 AGENDA REOUEST ITEM NO. VII-D ~ " ~ ~ ° DATE: March 3, 2009 ~ REGULAR [ ] • ' ~ • PUBLIC HEARING [X] CONSENT [ ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ENGINEERING DIVISION P T D B : ~ Mich el V. Powle P.E. County Engineer SUBJECT: Sunland Gardens Phase II MSBU Second Public Hearing Continued from the 2/17/2009 Board Meeting - Agenda Item # VII - B BACKGROIJND: See attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 14, 2004 - The Board accepted the petition and granted permission to advertise the Initial Public Hearing. February 1, 2005 - The Board created the MSBU and authorized the County Engineer to proceed with the project. March 15, 2005 - The Board approved the Interlocal Agreements with the Tax Collector and the Property Appraiser. May 10, 2005 - The Board approved Work Authorization No. 1 to the Agreement for Continuing Engineering services with Camp, Dresser, and McKee to provide assessment services in the amount of $73, 880. May 10, 2005 - The Board approved Work Authorization No. 1 to the Agreement for Continuing Engineering Services with LBFH to provide surveying services in the amount of $117,995. November 8, 2005 - The Board approved the Interlocal Agreement with Ft. Pierce Utilities Authority and the City of Ft. Pierce. January 20, 2009 - The Boazd granted permission to advertise the Second Public Hearing. February 17, 2009 - The Boazd voted to continue the Public Hearing and directed staff to hold another informal meeting. RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 09-048 (Attachment 1) to levy a non-ad valorem special assessment on the Sunland Gardens Phase II Municipal Services Benefit Unit; approve the preliminary assessment roll; amend the MSBU boundary; and authorize staff to proceed with construction of the project. Page 1 of 4 ~ COMMISSION ACTION: CONCURRENCE: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Faye W. Outlaw, MPA County Administratar - Coordination/SiQnatures [X)County Attomey: [X]OMB/Purchasing:~~~'T' [X]County Engineer: V Daniel Mclntyre Marie Gouin ~ Q O~ V~-l~V~{V Michael Powley [X]Public Works Dir: W' []Utilities: Finance: (Check for Copy) X Donald West Page 2 of 4 ' COMMISSION REVIEW: Marc6 3, 2009 ENGINEERING MEMORANDUM NO. 09- 057 TO: Board of County Commissioners FROM: Michael V. Powley, P.E., County Engineer DATE: March 3, 2009 SUBJECT: Sunland Gardens Phase II MSBU Second Public Hearing Continued from the 2/17/2009 Boazd Meeting - Agenda Item # VII - B BACKGROUND The Sunland Gardens Phase II MSBU is located in the Angle Road area between Metzger Road and Avenue T. This is the third and final active MSBU for potable water in the area. The first was Sunland Gardens Phase I MSBU which was created in April 2002 and is complete. The second was Harmony Height MSBU, created in February 2004 and is now in the final stage of completion. In 2004, residents in the Sunland Garden area submitted ballots to St. Lucie County representing 67% in favor of creating a special assessment district for the purpose of providing potable water and fire protection improvements to their neighborhood. An informal meeting was held with property owners to explain the MSBU process, preliminary design, annexation issues and to provide residents with a rough estimate of the project cost. In 2005, the Board of County Commissioners created the Sunland Gazdens Phase II MSBU and authorized the design, and permitting of the project. The project design and permitting are now complete and a construction estimate has been obtained. On December 23, 2008, property owners were notified by mail of their tenta.tive preliminary assessment amount and that the second informal meeting would be held on January 8, 2009 to discuss the project. Staff from St. Lucie County, FPUA, and Camp Dresser & McKee were on hand to discuss the construction design, method of assessment and tentative project cost. On January 23, 2009, property owners were notified by mail of their tentative preliminary assessment amount and that the Sunland Gardens Phase II second public hearing would be held on February 17, 2009 at 6:00 p.m., or as soon there after as may be heard, in the St. Lucie County Commission Chambers. This meeting was also advertised on January 27~' and February 10~'. Please see Attachment 1, Exhibit A. The method of assessment for this project is based upon the Equivalent Residential Connection (ERC) method, which means an equal charge per residential connection. The estimated total project cost is $3,779,091.44, including a debt service reserve account, interest, tax collector fees and allowances for early payment discounts. The assessment amount per ERC, if placed on the tax roll is $6,404.52 (excluding interest) with an annual payment of $628.23 (including interest) per ERC. If prepaid, the discounted assessment amount per ERC is $5,194.10. The project would be financed for a period of twenty (20) yeazs beginning in November 2009. A certified preliminary assessment roll will be provided electronically to the Tax Collector. Please see Attachment 2. Page 3 of 4 The following items represent FPUA and County contributions used to lower the overall project cost: • Property owners were able to submit a Restrictive Covenant Agreement if they did not wish to reserve the maximum capacity for their property. The preliminary assessment roll reflects all Restrictive Covenant Agreements that have been filed to date. • The St. Lucie County BOCC set aside State Housing Initiative Partnership (SHIP) funds to assist income eligible property owners with 50% of their assessment. The SLC Community Services department has extended the SHIP application period through February 20, 2009. • FPUA will credit 60% of the actual construction cost which is estimated to be a$1,387,000 savings. • FPUA has agreed to make a monetary contribution in the amount of $445,202. ~ • FPUA has waved their engineering and permitting fees for a savings of $346,571. Fire hydrants will be placed within 1,000 feet of each property. Homeowners could receive substantial discounts on their insurance for having fire protection available. Because Sunland Gazdens Phase II MSBU is within the service area of FPUA, the City of Ft. Pierce will require property owners to sign an Annexation Agreement as a condition of service. This agreement states, "If my property becomes contiguous to the city limits of the City of Fort Pierce, or may otherwise be lawfully annexed, we will consent to the annexation voluntarily". Connection to the utility system is not mandatory; therefore, if a properiy owner chooses not to connect, they are not required to sign an annexation agreement. Property owners were informed of this condition of service during the balloting processes, as well as at the 1 S` a~d 2"d informal meetings. The Florida Department of Health has written a letter, strongly supporting any efforts to make potable water available in the area. In 1993, a Surface Water Improvement and Management Act study ranked Sunland Gardens as a first priority for connection to utilities because of potential threat to the drinking water. A copy of their letter is presented on Attachment 3. Certain properties within the initial MSBU boundary have been excluded because they now have access to potable water lines installed by a developer and would be required to pay FPUA directly for service. Therefore, the boundary has been amended to exclude these parcels. Please see Attachment 1, Exhibit C. On February 17, 2009, the Board opened the 2"d Public Hearing to consider the levy of a non-advalorm special assessment on the properties within the Sunland Gardens Phase II MSBU to fund potable water and fire protection improvements. At this meeting several property owners sill had questions regazding the MSBU; therefore, the Boazd voted to continue the Public Hearing and directed staff to hold another informal meeting with the residents to address all of the questions and outstanding issues. ~ On February 19, 2009, property owners were notified by mail of a 3rd informal meeting to be held on February 26, 2009 and that the Public Hearing would be continued on March 3, 2009. The informal meeting was held and staff from St. Lucie County, FPUA, and Camp Dresser & McKee were present. The questions and answers that followed discussed the construction design, method of assessment, annexation issues, tentative project cost, and prepay options. The major concerns expressed were regarding annexation and higher taxes in a poor economy. Approximately forty property owners attended and it is staff's impression that all left with their questions answered. Page 4 of 4 ATTACHMENT "1" RESOLUTION NO. 09-048 A RESOLUTION OF THE BOAR~ OF COUNTY COMMISSIONERS FOR ST. LUCIE COVNTY, FLORIDA; ~ETERMIWIN6 THAT THE PROPOSED SPECIAL ASSESSMENTS FOR THE SUNUIND 6AR~ENS PHASE II MUNICIPAL SERVICES. BENEFIT UNII' TO FUNC THE COST OF A PROJECT TO PROVI~E POTABLE WATER IMPROVEMENTS TO PROPERTIES WITHIN THE SUNLAND 6AR~ENS PHA.SE II MUNICIPAL SERVICES BENEFIT UWIT ARE JUST AND RI6HT; APPROVIN6 AN~ CONFIRMIN6 THE PRELIMINARY ASSESSMENT ROLL BASED ON THE EQVIV~LENT RESIDENTIIIL CONNECTION METHOD OF ASSESSMENT; LEVYIN6 A NON-AD VALOREM SPECIAL ASSESSMENT ON THE REAL PROPERTY WITHIN THE SUNLAND 6ARDENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT BASED ON THE APPROVEC ROLL; APPROVIN6 THE AMENDED SUNLAND 6AR~ENS PHASE II MUNICIPAL SERVICES BENEFIT UNIT BOVNDARY; AVTHORIZIN6 COLLECTION OF THE SPECIAL ASSESSMENT BY THE VIVIFORM METHOD OF COLLECTION; AUTHORIZIN6 THE COVNTY DIRECTOR OF EN6INEERIN6 TO PROCEED WITH THE PROJECT AN~ PROVIDIN6 AN EFFECTIVE DATE WHEREAS, on February 1, 2005, based on the balloting results of the laindowners pursuant to Chapter 1-13.5 of the St. Lucie County Code of Ordinainces (the "Code"), the Board of County Commissioners for St. Lucie County (the "Board") ndopted Resolution No. 05-046 which crented the Sunlnnd Gcrdens Phase II Municipa) Services Benefit Unit (the "Sunlcnd Gnrdens Phase II MSBU") to levy non-nd vnlorem special assessments based on the equivQlent residential connection method of nssessment to fund the cost of a pro ject to provide potcble water improvements to prope~ties within the boundaries of the Sunland Gardens Phnse II MSBU in unincorporated St. Lucie County, Florida (the "Pro ject") and nuthorized the St. Lucie County Director of Engineering (the "County Engineer") to proceed with the Pro ject pursuant to the procedures set forth in Section 1-13.5 of the Code ; aind WHEREAS, on ~ecember 9, 2008, pursunrit to Section 197.3632, Florida Statutes, the Bonrd ndopted Resolution No. 08-363 which stnted the Bonrd's intent to use the uniform method of collecting the Special Assessments levied by the Sunlnnd Gnrdens Phase II MSBU; nnd ' Page 1 of 7 ATTACHMENT "1" WHEREAS, on February 17, 2009, pursunnt to Chnpter 1-13.5 of the Code and Chapter 125 and Section 197.3632, Florida Stntutes, the Bonrd held n duty noticed and advertised second public hearing to consider propriety nnd advisability of the Project au~d to act ns an equalizing board to consider the comments of nffected land owners and other interested persons concerning the prelirninary assessment roll for the Sunlcnd Gardens Phnse II MSBU, proof of publication of the public hearing is attached as Exhibit "A"; and WHEREAS, the boundaries of the Sunland Gardens Phase II MSBU have been amended to exclude certnin p4rcels thnt will no longer receive a direct benefit from the Project; nnd WHEREAS, after considering the co?nments of all interested persons, the Bonrd has determined thnt the special assessments as set forth on the preliminnry nssessmtnt roll for the Sunland Gardens Phase II MSBU, are just and equitable. NOW, THEREFORE, BE IT RESOLVED by the Bonrd of County Commissioners of St. Lucie County, Floridn, as follows: Section 1: The amended boundaries of the Sunlnnd Gnrdens Phase II MSBU which include the rea) property to be specially nssessed to fund the cost of the Pro ject is hereby approved as shown on the nttached Exhibit "C". Section 2: The Pro ject to be funded by a non-ad vnlorem special assessment levied by the Sunland Gnrdens Phase II MSBU is to provide potnble wcter improvements to properties within the Sunland Gardens Phnse II MSBU in unincorporated St. Lucie County, Florida. Section 3: The method of assessment for the potnble water improvements shall be based on the equivnlent residential connection method of assessment such thnt eoch property within the Sunlnnd Gnrdens Phase II MSBU shnll share equclly in the cost of the potnble water iinprovements nnd thct the amount of the cssessment does not exceed the benefit to the properties derived from the improvements. Section 4: The preliminary assessment roll which is on file with the Clerk and incorporated herein by reference, is hereby npproved and confirmed nnd shnll stand as a lien ngainst the benefited properties until sutisfied. The preliminnry assessment roll shnll be delivered to the Tax Collector and be accompnnied by c Certificate to Non-Ad Vnlorem Assessment Rol) in substantinlly the form cttuched hereto as (Exhibit "6") for the Sunland Gnrdens Phnse II MSBU. Page 2 of 7 ATTACHMENT N1" Section 5: A non-ad valorem special nssessment (the "Specinl Assessment") in the total estimnted nmount of $3,779,091.44 which includes interest, tnx collector fees and ollowonces for early payment discount, to fund the Pro ject as shown on the plans and specif icntions p~epared by the County is hereby levied on the reail property within the Sunland Gnrdens Phnse II MSBU (Exhibit "C") in the amounts set forth on the preliminary assessment roll. Saction 6: The Special Assessment shnll be collected by the uniform method of collection pursuant to Sections 197.3632 and 197.3635, Florida Statutes, as authorized by Chnpter 1-13.5 of the Code beginning in Nove?nber 2009 for u period of twenty (20) yenrs. Section 7: The County Engineer is outhorized to continue with the Pro ject. Section 8: Upon the completion of Pro ject, the County Engineer shn) I report the actual cost to the Board, and the Board shnll confirm a final assessment roll with such nd justments as may be necessnry in Qccordance with the provisions of Chnpte~ 1-13.5 of the Code. THE NEXT PAGE IS THE SIGNATURE PAGE Page 3 of 7 ATTACHMENT "1" Scction 9. This Resolution shall be effective upon adoption. After motion and second, the vote on this Resolution was ns follows: Chnir Paula A. Lewis Vice Choirman Charles Grnnde Commissioner poug Cownrd Commissioner Chris Craft Commissioner Chris Dzndovsky PASSE~ AN~ CULY A~OPTED this 17th day of Februory, 2009. BOARD OF COVNTY COMMISSIONERS ATTEST: ST. LUCIE COVNTY, FIORICA ~eputy Cle~k Chair APPROVED AS TO FORM AND CORRECTNE55: County Attorney Page 4 of 7 ATTACHMENT "1" EXHIBIT ~~A~~ PROOF OF PUBLICATION BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUqE COUNTY, FLORIDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE BOARD Of COUNTY COMMISSIONERS Of ST. LUCIE COUNTY, FLORIDA (THE "BOARD'~, will hold a SECOND PUBUC HEAR- ING to co~sidsr the ievy of special assusrrHnts anprop~rti~s within d» SUN- LAND GARDENS PHASE MUNIGPAL SERVICES BENEFIT UNIT to fund tlw cwt of a proj~ct to provide poUbl~ wiUr to the Suniand G~?d~ns An~. Ths matt~r wlll ba considrnd at the Board's npular mwtinp on Tu~sday, tM 77th d~y of F~b- Lucie ~t ya Commusion Chmbirs~ aifttlie Stmlu~cie Caimy Admin~iwroaUion~&~iNdt- in9 Ann~x, Third Floor, 2300 Virginia Avenue, Fort Pi~ree, Fiorid~ 3Wg2, The propsRies within the SuN~nd Gardsns Phase 11 Municip~l Ssrvie~s B~nsfit Unit aro indiuqd on ths map bslovr. ~ q~i'!!~ SutMNW Gn1Uns PMN 2 NI881J-FPlJA : PoLbI~ IAIYIK / Fih Pioacdpn • . . . a;;,m,a. . . _ . . . . _ . _ ~WM~•fw~MQ~n~Mr2 ~ , % . : ~wM ~wMw ~ ~ _ - . .Z a.:' _ s s ~ . ~ ~ Y;.. : . ~ i~ . : y.;~ , _ . . ' 1 i ~ ; ~ . ~ : ; _ ~ _ :t 1. ~ ~ i I i i ~ ~ ' . 1 • : ~ i ' _ ::`~wMreK-. .s:..t!MMrer ~ , . ,i'-. r._._~. . - _ . . . r+u~Rc - - ~ ~RR I, ~ - _ ' . . . . . . . ~ , . . . . . ~ . ~rrow~r I i ~ , _ , . . . ; -;ae~~s- ~ ' ~ : ; i . . . . , : . t ~ , : . . . - - I ~ : , . ;i . _ ' . ~ ~ - . . : ~ . . . : i'~ ~ . - ~ . . ~ . . . i ' . . . ~ . ~ , . _...._._.L . ~._...~1[fiYY~o..__ ' ' ' ' ' . . . . _ . . ~ . _ . . ' ; . - - . . ' The project costs for thepo Ubk water syshm would bs tund~dby a noMd valor- em specul asssssment Isvisd onp roperties within the Sunland Gard~ns Phass II Mu~icip~l Services Bensfit Unit The ass~ssment will ba cdl~et~d by tM St Lueie County Tax Collector beginni~g in Novsmber, 2009, in twenty (20) ~nnu~l irntall- ments plus interest and cost of coilsction (subjsct to c.rtain rigMs of propsymentl. All affscted porsons have the ripht to apps~r and b~ hea?d at th~ abov~ PUBLIC HEARING and h~ve the right to file with the County Enpin~er, within tvwnty (TO) days ot the date heroof, written obj~ctions as to th~ prop?i~tary and advisabflity of ths projact, as to the cost thsr~of, as to ths manrnr of payn»nt q»noi, ~nd ss to the smount th~reof to be specially asspssd ayainst each p~rcd of prop~rty b~r~- fited thersby. Writtsn commsrrts rocsiv~d in advance of the public hearinp will be heard. Amendments to the municipsl serviets bensfit unit may be made at the public hesring. THIS NOTICE EXECUTED AND DATED THIS 27TH DAY OF JANUARY, 2009. Publish: January 27, february 10, 2009 1961702 Page 5 of 7 ATTACHMENT °1" EXHIBIT "B" CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that, as an authorized agent of St. Lucie County, Florida (the "County"); as such I have satisfied myself that all property included or includable on the non-ad valorem assessment roll to provide potable water improvements to properties within the boundaries of the Sunland Gardens Phase II Municipal Services benefit Unit (the "the Sunland Gardens Phase I I MSBU Preliminary Assessment Roll") for the County is properly assessed so far as I have been able to ascertain; and that all required extensions on the above described roll to show the non-ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non-Ad V`~alorem Assessment Roll will be delivered to the St. Lucie County Tax Collector by October 18, 2009. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same . to be delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad Valorem Assessment Roll this day of , 2009. ST. LUCIE COUNTY, FLORIDA By: Daniel T. Anderson, P.E.,BCEE ~ Camp, Dresser 8~ McKee Inc. Page 6 of 7 ATTACHMENT "1" QCHIBIT ~~C~ AAAP OF AASBV ~ Sunland Gardens Phase 2 MSBU-FPUA ~ _ NrrvemMr Zi%M. P~~ W~ / Fire Pro~sction , a a, a _ _ _ oRnor D1e- - - ~ _ _ ~u - si.,ana c,sroens Ph..e 2 - _ ~ ' ParoN 8ound~ri~s ' ~ I _ _ ~ _ - ~ ~ p-- - C-- ~ _ . L_ F I ~ . f / ~•L~ ~ p . . ~ : _ ~ ~ ~ , ~ --i----~ I . ` Ar\',:I.i._ i i~. ~ I I I - ~ i'_ ..~1 ( ` ` % ( . 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I I ~ ' ~ d' i i ~ i ; I I .O ~D ~O ~D ~ i ~ 1n tC') !C) In I I i j j i ~ I i N N N N I .--i , ' ~ I I i ' ' i i i ~ ~ ~ ~ ~ ~A ~f iA W , ~ ' ! I ~ - - -i - J - I _ ~ - ~ M M(h fh ; I i I i i N N N N I I C I I ~ ~ ~ ~ 7 ~ N N N N I ~ ~ .O ~O ~O .G ~ I I ~ ~ I I i s~ i i ~ iR `A iP? if} ~ I I I ~ I I I ! J, I _i X I _ j . _I O O O O ~ I ~ i i} I i ! .ti .-y ~ ~ L ~ : ~ ~ ~ ' ;~I i ~ i O~ O~ O~ C~ .r ~ ; I, i ; ~ o o ,I IC') If') tn {f) ~ . I I h ! 7 ' ~oP1 iR ~A I ~ ~ I~~ I ~o~ ~oA , i ~ I ~ ~ - , i . ~ L i . . - i ; ~ I - N N N N ' ~ ~ ~ j O ~~fi et ~ ~ ~ ~ II i I v i ~ i O O O O ~ ~ ~ ~ '~t I I V i .o .o ~o •o I , i , ~ ~ I ~ i I o w N L !F} iA !R 1dt ~ ~ ~ Vl } I ~ -pI~ V o i ~ ~ dla ~ ' ' ~ o ^ ' ' c° ~ j h i h! i ~ O O O O ' I, Iv~i;~~XlO~ ; O .-i .-i .-i r-i i i i I~ i= L i i (O I i~io~ci.~I~' vrn ~ ~ i o,';i=io ,~i a vld~w~N ~ I ~ ~ L'~ C ~ N Vl I~ I I i ~ C ~ 7 7 C I i i y I v i a ~i.= I~ IVNII~ N NI~} I I i} O j ~ ~ I•a N i I j I ~ I a~ > > ~ ~ Y~ ~ I I L O C ~ v h II I ~~I C t}il ~ v}I N V O t d~ ~ I ~ I di ~I CI.CI LI ~ ti ~ W I~j>I~i~i>',yi i~~~~'Z7 ~;L', i ol N;~iJI NI ! ' ! jLi= ~i ~ ~~j p~tn~ vl~ ~~NI ' ' i C ~ Vl : ~ ~ ~ ~ ~ I ' j •Q~}~aICICi~ . i ~ I 7 t~_~ d l } I I I= v~ V~ V I E } ~ O N i p j ' C!~ vq~~, N 7 d L , m LL a~ ; a~ I~ I~ ~ N ~ O ~IUI ~IQ ' -i ~---I F I ~ I a l dl y~! Op O~O pM i ~~i~iV- ~ N,~! O~O O , I ~'-~O~~I~ ~~~I ~ ~ a a O O^ ~ N ~ I C I N ~ I 7 d C M t[ ~ i 3 I~ V l V l - 7 cv ~ ~ E d ° g g i o~ ; , d:~-I c; .o ~ !~i~i+r-~t'c'' ~ ~ ~ O O ~ ~ L. VI VI I Vl Vl I y~.. IL~ ' ly~Q!~~Q!Q~Q, O O O p w~o~~j~;~:~i~ st ;F- ;a iW IW ~jW iW IW j N N N(v O ~ ^;•~!~j~ ~I jZ' Iv~vl~~v'v~~, ~ Attachment "3" +I - . D ~ ' Jeb Bush John O. Agvwnobi, ~I.D.. M.B.A. Governor Se~cre ~ February 25. 2002 ~ Dou~iss M Mderson , 11 ~ C,~ ~ . St Lucie County Administrator 2300 Y~tis Ave ~ J Ft Pieroe,. FL ~ ~ 54 ' ' ( ~ ~ a . . ~ ~ ~ a V V R: SuMand Gardens su ivfslon water ~ 3 t2-a z ~ ~ ~ ~v~ ~ D . The St Lucie County Health Department stronply supports any effoRs to make wvater available to Sunlsnd Gardens as a mstter of public health. As in Port St Lucie a decade apo. snd for the same reason~~ ~S Oep~trnent u~es the expansion of public wster. Unfatunstely. connection to public water is not mandstory under state law or rule. This of'fioe believes septic tanks used in oonjunction with rolatively shalbw onsite private weUs may~ and oRen do. sdverssly knpact the 4w1itY of d~inWrp wat~r. S~ptic tanks ane potnt souroes of poNution h dose pro~drr~lty to wsNs. which are diroa co~dulb to ths w~ter table. VM~ile the Mr~ds are prou~d. sp~ and rard msintensnce often cx~eate crsdcs and separsdons in tne ~nouunp ~bv~inp oontsmin.ted wat~r to seep d~? into the water tsble. WeNs instslled beforo the Health Oepartment was delspated ~utf~o~ity in July 2000 were often not ~routed ar only partiailY prou~sd. We hsve been trsckinp replsoert~snt wells snd w~eq nspairs but ffw?e is lnsufnc~ent dst~ at this tkris. Likswise. thsne hss baert no study of ~k~ess rNatirp to private weqs. Based upon these c.oncems. and in keep~ w~ ~yte pa~y~ ~s department has in the psst iasusd precsutionsry boil water noticxs in t~ries of Aooding or aAer prolonped rsins. In 1993 Surface Watsr Improvernent and Msnapement (Syy1M) Ac:t study on the impact of sepdc sys~sms on the Indian River Ls~oon ranked Sunland Gardens es a first priority for connection to utdities beqws of thei~ potentisl threat to the water. Our relsted concem Kas that these sarne waste water systems would threaten private welis. Sincerely, ~ o ~ - ~ ~r mes Moses, R.S. vironmental Health Director . ENf_;1NEERtN~: Page 1 of 1 Environmeatal Health Divjsioo ~ S 150 NW Milaer Drive • Port St. Lucie FL 34983 ~ ~ l~ 15 . (771) 873-4931 • Fax (772) 873-4893 ' ~ ~i = httv://vr~„?-.stlucieco.~tov/health , ~ 1 FEB 2 8 2002 i~{; ~ ~ -